Loading...
HomeMy WebLinkAbout08-17-1999 E� I I August 17, 1999 Agenda Packet i , t U i AGENDA Apkb 1V0 -0 5 CITY OF DENTON CITY COUNCIL Ap1Wa M, August 17, 1999 Date Ancr determining that a quorum Is present and convening in an open meeting, the City Council µill convene in a closed meeting of the City of Denton City Council on Tuesday, August 17. 1999 at 5,15 p.m. in the Council Work Session Room at City Ball, 215 E. McKinney, Denton, Texas to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a closed meeting at 5:15 p.m. and will comene at the time listed below for its regular or special called meeting. Council reserves the right to ad;oum Into a closed meeting on my It,= on its open meeting agenda consistent with Chapler 551 of the Local Oovemment Code m set forth below. I. Closed Meeting: A. Consultation with Attorney-- Undet TEX, GOVT. CODE See. 551.07 L ANY I1NAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED %ILLI ING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS IIELD IN COMPLIANCE X'1111 It:X C,)V'T, CODE CI I. $51. THE CITY COUNCIL RESERVES TIIE RIGHT TO ADJOURN IN10 A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. COD[: SEC. 551.001. ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN NII I11NG AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEE11NO ON IIIL CLOSED MEETING ITLMS NOrF0 ABOVE, IN ACCORDANCE WITH THE TEXAS OPLN M17HINGS ACT, INCLUDING, N'ITIIOUT LIMITATION SECTIONS 55L071.5$1.085 OF 1111:0P0,4 MEL'rINGS ACT. Regular Mating of the City of Denton City Council on Tuesday, August 11, 1999 at 6:00 p,m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considereJ: 1. Pledge of Allegiance ' A. U.S. Flag Ii. Texas Flag "donor the Texas Flag —I pledge allegiance to thee,Texas,one and Indivisible:' t 2. Consider approval of the minutes of May 4, May 11, Stay 18, May 25, and May 21.22, 1999. PROCLA�NIATICfw; 3. Proclamations A. Arave Combo , il, Josef Alavidte A Sll')lE� REPORT t 4. Receive a citizen report from Gerry Baines regarding Public Information Office for Denton County MHMR Center. t c r City of Denton City Council Agenda August 17, 1999 Page 2 91SE EXCEPTION 51 Consider a request for an Exception to the Noise Ordinance for an outdoor pool party at Texae Woman's University Outdoor pool on September 2, 1999,hosted by the Chapter of Delta Sigma 'theta Sorority Inc. at Texas Woman's University from 10:00 p.m. until Midnight. CONSENT AGENDA Each of these items Is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City man,ger or his designee to Implement each item in accordance with the Staff recommendations. The City Council has received background infomaation and has had an opportunity to raise questions regarding tt:-se items prior to consideration. Listed bcicw are bids and purchase orders to be approved for payment under the Consent Agenda (Agenda Items 6.15). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda, If no items are pulled, Consent Agenda Items 6.15 below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items under "hems for Individual Consideration". 6. Consider approval of a tax refund to Steven and Susan Alspach in the amount of $1,231.56. The 1998 property taxes were paid twice. 7. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of waterlines; providing for the expenditure of funds therefor, and providing an effective date, (Did #2386 — Sandpiper tnd Westchester awarded to Oscar Renda Contracting, Inc. In the amount of 5337,653) 8. Consider adoption of an ordinance accepting competitive bids and a Larding a public works contract for the construction hickory Creek Sanitary Sewerline Crossings Phase 11; providing for the expenditure of funds therefor; and providing an effective date. (Did #2387 •- hickory Creek Sanitary Sewerline Crossings awarded to Oscar Renda Contracting, Inc, in the amount of$549,115.50) 9. Consider adoption of an ordinance authorizing the City Manager to execute an interlocal agreement for the participation in an altemative fuels program between the City of Denton. Texas and the Slate of Texas through the Texas Department of Transportation; authorizing the receipt of funds; and providing an effective date. (Interlocal Agreement in the amount of$35,711) 10. Consider adoption of an ordinance accepting competitive bids and awarding an annual A, contract for the purchase of electric distribution transformers; providing for the J c,<pemditure of funds therefor; and providing an effective date. (Did 02389— Distribution Transformers awarded to the lowest bidders as listed, annual estimated expenditure Is $450.000) l t, City of Wilton City Council Agenda August 17, 11)99 h rage 3 11. Consider adoption of an ordinance authorizing the City Manager to execute a memorandum of understanding between the Denton Affordable Housing Corporation and the Singing Oaks Neighborhood Association specifying the terns of the agreement concerning the development of Toledo Court; and providing an effective date. 12. Consider approval of a resolution by the City of Denton. Texas, authorizing the City A1anager to sign and submit an amendment to the 1999 Action Plan for Noosing and Community Development submitted in June 1999 tot he U.S. Department of I lousing and Urban Development with appropriate certifications, as authorized and required by the )lousing and Community Development Act of 1400, as amended; and providing an cTcctive date. I 13. Consider adoption of an ordinance of the City Council of the City of Denton, Texas approving the Third Amendment to the Agreement between the City of Denton and the Denton Affordable llousing Corporation; authorizing the City Manager to execute the Ithird Amendment and to expend funds with respect to the Third Amendment; and prat iding for an effective date. 14, Consider adoption of an ordinance approving a real estate contract between the City of Denton and Denton Christian Church, relating to the purchase of 0.009 acres of land fur the expansion of U.S. liighway 77 (Parcel 35); authorizing the expenditure of funds therefor; and providing an cffecti,,c date, li, Consider adoption of an ordinance approving a real estate contract between the City of Denton and W.C. Orr, III, Gena Orr WiNs, Dorothy Orr Stoval, Robert Edmond Or, f individually and as independent executor of the Estate ,,f Walter E. Orr. Sharon Orr 1 Duncan. S1arilyn 13. Slaugher Orr and Connie Griffith, relating to the purchase of 1.370 acres of land for the expansion of U.S. highway 77 (Parcel 40); authorizing the f expenditure of funds therefor; and providing an effective date. i'1'IthIC IWAKINGS 16. I told a public hearing and consider approval of a resolution amending Resolution 98.065 by adopting an amendment to the Roadway Component of the Denton Mobility Plan for the City of Denton affecting the southwest I.Pnton [1135W/US 377 area. 17. l luld a public hearing and consider approval of an amended Concept Plan for a Planned Development zoning district (PD-139). The 404 acre property is located KI Acen Bonnie Brae Road and 1-35W at P.M. 2449(Ponder Road). Commercial,neighborhood services, single-family detached, single-family attached, school, and parkland development is prop<1scd. The Planning and Zoning Commission recommends approval (6-0) with conditions. (Z-99.010, the I'intage - PD Concept Plan) NOTE: THIS ITEM HAS 1' BEEN POSTPONED. THE PLIBLIC IIEARI rG HAS BEEN READVERTISFD TO BE HELD AT VIE SFPTF;IIBFR 710, 1999 CITY COUNCIL MFETING.j I 18. hold a public hearing and consider approv'r1 of a Detailed Plan for a Planned Development zoning district (PD-139) encompa..sing 265.48 acres. The property is located between Donnie Brae Road and WSW at P.M. 2449 (Ponder Road). Single- . .-.— - 1 , r City of Denton City Council Agenda August 17, 1999 Page 4 family development, a school site, parkland, and open space is proposed. The Planning and Zoning Commission recommends approval (6-0) with conditions. (7.-99-050, The Ontage —PD Delalled Plan) [NOTE: THIS ITEM HAS BEEN POSTPONED. THE PUBLIC HEARING HAS BEEN READVERTISED TO BE HELD AT THE SEPTEMBER 7trt, 1999 CITY COUNCIL N1EF.TING.1 19, Flold a public hearing and consider rezoning a 5,0-acre site from an Agricultural (A) zoning district to a Light Industrial with Conditions [LI(c)] zoning district. The property is legally described as 5.0 acres in the S. Williams Survey, Abstract 1279 in the City of Denton, Denton County, Texas, It is located on the north side of Mingo Road, b iawcn Loop 288 and Cooper Creek Road. The proposal Is to allow for light industrial use. The Planning and Zoning Commission recommends approval (7.0). (%-99-N3, 31ingolLoop 28N) 20. hold a public hearing and consider rezoning a .6713 acre site located in the Oakmont 11 Addition (Lot 6,Block C) from Single-Family 7 with Conditions(SF-7[c]) zoning district to a Planned Development (PD) zoning district the property is legally described as i being ,6713 acres in the Stephen Ilembrie Survey, Abstract 643, in the City of Denton, Denton County,Texas, The purpose of the zoning change is to allow for a neighborhood amenity center. The Planning and Zoning Commission recommends approval (7.0). (Z- 99-015, Uukmonl IlAmenity Center Detalled Plan) i 21. hold a public hearing and consider amending condition one(1)of ordinance No. 96.143. the property is legally described us 32969 acres In the Stephen Ilembrie Surrey (Abstract No. )43) in the City of Denton, Denton County, Texas. 1 he propc-ty is located on the north side of Robinson Road, approximately 400 feet %vest of State School Road. the proposal is to alter the amount of landscaping within a bufferyard between the Oakmont 11 subdivision and right-of-way for the proposed 01, 2499 highway. The Planning and Zoning Commission recommends approvai (7.0) with conditions. (1-99• 01", l h,kmont 11) 22. I fold a public hearing and consider rezoning 3840 N. Lint Street from an Agricultural(A) zoning district to a conditioned Commercial (C[c]) zoning district, The 1.237-acre property is located on the southeast corner of N. Film (11%q, 77) and Riney Road. Commercial development is proposed. The Planning and Zonir,g Commission recommends approval (6.1)with conditions, (2.99.042, 3840N Elm Srreel) 23. l told a public hearing and consider rezoning 3.086 acres from an Agricultural (A) zoning district to a conditioned Comment:d (C[c]) zoning district The property is located on the tawtheast comer of Pockrus Paste Road and 1.35 East frontage road. Commercial de%clopmen; is proposal, The Plaroning rnd Zoning Commission recommends approval i' A (6.1) with conditions, (%-99.049, 1.35 Easl al PoCkrlls Page Rand) 1 f 24. Hold a public hearing ce: . .nsider approval of a Specific Use Permit (SUP) to allow a private school located at X910 E. ltniversily Drive, commonly known as the Denton ISible Church. The property Is located on the south side of E. University Drive, between Nottingham Drive and Shawnee Street, The area is classified as a One-Family Dwelling i - r t. City of Denton City Council Agenda 1 August 17, 1999 Page S 7 (SF-7) Toning district, The Planning and 'honing Commission made no o irmutive recommendation(3-3). (L-99.034, Calvary Preparalory Academy) 25, !cold the second of two public hearings regarding the proposed voluntary annexation of a 37.11 acre tract located on the east side of Teasley Lane approximately 700 feet south of I lickory Creek Road in the City of Denton's Extraterritorial Jurisdiction (ETJ). (4-88, Teasley lane near ifickory Creek) 26. Ilold the second of two public hearings regarding the proposed voluntary annexation of 46.21 acres located at the southeast corner of Nowlin Road and Robinson Road, in the extraterritorial jurisdiction of the City of Denton, Texas. The zoning at the time of annexation vvill be Agricultural (A). (A-91, Kirb),Tract) 27. Hold the second of two public hearings regarding the proposed voluntary annexation of a 34.40 acre tract located on the north side of Ryan Road and c4-,t of forest Ridge Drive in the City of Denton's Extraterritorial Jurisdiction(ETJ), (A-90. Shadow Brook Place) VARIANCE; 29, Consider approval of an exaction variance from Code of Ordinances 34.124(cX5xc) concerning the construction of a concrete pilot channel meeting the specifications of the drainage manual and 34.124 (06)(0 concerning the construction of channel access roads and ramps. The property is located east of F.M. 1830 and south of Ilobson Road. the Planning and 'honing Commission recommends approval (4-1) with eonditiotcs. (V- 99.011, Regency Mkr) 29, Consider approval of exaction variances from Section 34.114(Sxb), perimeter paving. Section 34.114(17), sidewalks, and Section 34.124(c)(2), offsite drainage, of the Subdivision and Land Development Regulations for a 5,11 acre property located in Division One of the City of Denton's Extraterritorial Jurisdiction (ETJ), The properly subdivision is located on the southwest corner of Grissom Road and Trinity Road. Proposal is for one (1) lot for light manufactuting. The Planning and Zoning Commission recommends approval of partial variance from Section 34.114($x6) and full variance front Section 34.114(17).6-0. "fhe Planning and Zoning Commission makes no recommendation, on a 3.3 vote, regarding a full variance from Section 34.124(cx2) (D'- 99-1113, 11,(res Buslness Park) i 3o. ('onsider approval of exaction variances from Sections 34.114(17)6 and 34.114($)6, concerning improvements to existing perimeter streets and construction of sidewalks, of the Subdivision and Land Development Regulations for Lots I and 2, Block 1 of the C'amnus !lousing Addition. The 19.33-acre subdivision is located on the north side of illvaJow Street and south side of Inman Street, The Planning and Zoning Commission recommends approval (4.3). ([149.007, Campus 11ausIng Addrllon) 1F;1 FOR DNDIVIDUAL,M ID W= 31. Consider and take action on appeal of Irwin Realty Group, the owners and developers of a proposed multi-family project on approximately 14 acres to be located generally at the t I City of Denton City Council Agenda August 17, 1999 Page 6 F comer of Ryan Road and Teasley Lane within the City of Denton, Texas, for an exception to be relieved of the provisions of Resolution No. R99-022, as amended, which places a moratorium on multi-family housing. 32, Consider adoption of an ordinance to annex a 167.4't'7 Pere tract southeast of the intersection of Robinson Road and Teasley Lane (F.M. 2181), in the City of Denton's CT1, to approve a service I.tan for the annexed property, to provide a severabihty clause and to provide for an effective date, First reading of ordinance. (A-89, Wheeler Ridge) 33. Consider adoption of an ordinance authorizing the City Manager to execute a lease between the City of Denton and the Federal Aviation Administration on behalf of the United States of America for land at the Denton Municipal Airport for a single frequency outlet site;and providing for an effective dare. 34. Consider making appointments to the Code Committee, which is an ad hoc committee to be assembled for the purposes of participating in the City of Denton Development Code Rewrite process. 33. Receive a report, hold a discussion, and give staff direction regarding the 19992000 operating budget and the 2000.2004 Capital Improvement Program, 36. Consider approval of a resolution of the City Council of the City of lemon, Texas placing a proposal to adopt a 1999 tax rate that will raise more revenue than the 1998 property taxes on the September 7, 1999 agenda; calling a public hearing on a tax increase for August 31, 1999; requiring publication of a notice of public hearing on a tar increase in accordance with the law; and providing an effective date. 37 Consider recommendation from the Oversight Committee for additional funding for an aigvrt improvement grant from T%DOT. 38. Consider adoption of an ordinance amending Ordinance Number 94.183, as amended relating to the Rules of Procedure of the City Council of the City of lemon, texas by providing and clarifying procedures by which Courtcilmembers make appointments for board and commission places assigned to them, providing that council members may vote for nominated board and commission candidates at the same meeting that the candidates are nominated, providing a savings clause; providing a severability clause; and providing I{ an cflictive date, 39. Consider nominationslappointments to the City's Hoards and Commissions, 4 Miscellaneous Mailers from the City Manager. At 41. New Business 7 his item provides a section for Council Members to suggest items for future agendas. 42, Possible continuation of Closed Meeting under Sections 551,071.531,085 of the Texas Open Meetings Act, t I City of Denton City Council Agenda August 17, 1999 Page 7 43. Official Action on Closed Meeting under Sections 351.071•551.085 of the Texas Open Meetings Act. I CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City}tall of the City of Denton,Texas, on the day nf� 1999 at o'clock(a,m,xp,m.). 1 CITY SECRETARY I NOl'E: THE CITY OF DENTON CITY COUNCIL CHAMBERS 1S ACCESSIBt,fi IN ACC'ORDAN'CE WITII TIIE AMERICANS WITII DISABILITIES ACT. TIIECITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE )TEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS TN ADVANCE OF THE SCHEDULED MEETING, PLEASE, CALL. THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF {TDD) BY CALLING 1.800-RELAY.TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THEC'ITY SECRETARY'S OFFICE, I 1 4 t, 1 I i r F- ktior4s,No, 9LJ -D 5 C CITY OF DENTON CITY COUNCIL MINUTES A4eada May 4, 1999 After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, May 4, 1999 at 5:15 p.m. in the Council Work.Session Room at City Hal I. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Krietofersun and Young, ABSENT: Council Member Durrance 1. The Council considered the following In Closed Meeting: A. Consultation with Attomey — Under TEX. GOV'T. CODE Sec. 551,071. Discussed and consulted with the City's attorney,including outside legal counsel, litigation styled City of Denton v. Denton County Fresh Water Supply Disirtet No, FA and Denton County Fresh {Pater Supply District No. J, Cause No. 99-40158• 362, filed in the 362° District Court of Dcnton County, Texas, Including strategy and possible settlement negotiations, B. Conference with Employees — Under TEX. GOV'T. CODE Sec. 551,075, The Council received information from employees during a staff oonicrence or briefing,but may nct deliberate during the conference. The Council convened into a Regular Meeting on Tuesday, May 4, 1999 at 6:00 p.m. In the Council Chambers at City Hall. PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, t Kristoferson and Young. ABSENT: Council Member Durrance I Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2, Proclamation for"TWU Pioneers Gymnastics Team Week Mayor Miller presented the proclamation to the TWU Gymnastics learn. Council Member Durrame Joined the meeting. t 3. The Council considered adoption of an ordinance canvassing the returns and declar'ng A . the results of the municipal election to amend the City Chadcr of the City of Denton on May 1, 0'- 1999 held In conjunction with the regular municipal election to elect four members to the City Council; and providing an effective date, The following ordinance was considered: r t I� S, I I� City of Denton City Council Minutes May 4, 1999 w Page 2 NO. 99-148 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE MUNICIPAL ELECTION TO AMEND THE CITY CHARTER OF THE CITY OF DENTON ON MAY t, 1999 HELD IN CONJUNCTION WITH THE REGULAR MUNICIPAL E.ECTION TO ELECT FOUR MEMBERS TO THE CITY COUNCIL;AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance. On roll rote, Beasley "aye", Burroughs"eye", Cochran"aye", Durrance "aye", Young"aye",and Mayor Miller"aye". Motion carried unanimously, 4. The Council considered adoption of an ordinance canvassing the returns and declaring the results of the regular municipal election to elect four city council members held in the City of Denton,TOKAe,on May 1, 1999; and providing an effective date. The following ordinance was considered: NO.99-147 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE REGULAR MUNICIPAL ELECTION TO ELECT FOUR CITY COUNCIL MEMBERS FIELD IN THE CITY OF DENTON, TEXAS, ON MAY 1, 1999;AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "eye", Burroughs"aye",Cochran "eye", Durrance"eye", Young"aye", and Mayor Miller"aye". Motion carried unanimously. S. Oath of Office administered to newly elected Council Members. City Secretary Jennifer Walters administered the Oath of Office to Carl G. Young, Sr. — District One; Neil Durrance - District Two; Mike Cochran - District Three; and Sandy "stoferson - District Four. 6. Election of Mayor Pro Tem. Kristoferson motioned, Burroughs seconded to nominate Roni Beasley as Mayor Pro Tem. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Young "aye", and Stayer Miller"aye". Motion carried unanimously. i 7, Miscellaneous Matters from the City Manages (tr N {' I City Manager lez did not have any items for Council. l � i I i CI I I I I City of Denton City Council Minutes May 4, 1999 y Page 3 S. New Business The following items of New Business were suggested by Council for future agendas: A. Council Member Young requested staff review the proposal submitted by Carolyn Phillips for consideration. 9. There was no continuation of Closed Meeting under Sections 551,071-551.085 of the Texas Open Meetings Act. 10. There was no ofticial action on Closed Meeting items held under Section 551•,071• I 551.085 of the Texas Open Meetings Act. J With no further business,the meeting was adjourned at 6:40 p,m. ` JACK MILLER,MAYOR CITY OF DENTON,TEXAS I JENNIFER WALTERS 1 CITY SECRETARY II CITY OF DENTON, TEXAS i r c I CITY OF DENTON CITY COUIv C1L M114UTES May 11, 1999 After determining that a quorum was prestnt and convening in an open melting, the City Council convened In a closed meeting on Tuesday, May 11, I999 at 5:15 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran, Kristoferson, and Young. ABSENT: Council Member Durranze 1. The Council considered the following in Closed Meeting: I A. Consultation with Attorney - Under TEX, GOVT. CODE Sec, 331,071. The Cou,+cil discussed and consulted with the City's attorney, including outside legal counsel, litigation styled Ciry of Denton v. Denton County Fresh Water Supply District No. IA and Denton County Fresh Water Supply District No. S, Cause No. 99.40158.362, filed In the 362nd District Court of Denton County, Texas, Including strategy and possible settlement negotiations, B. Conference with Employees - Under TEX. GOVT. CODE Sec. 551.075. The Council received information from employees during a staff conference or briefing, but did not deliberate during the conference. Regular Meeting of the City of Denton City Council on Tuesday, May 11, 1999 at 6:00 p.m. in the Council Chambers at City Ball. PRESENT: Mayor Miller, Mayor Pro Tom Beasley, Council Members Burroughs, Kristoferson, Young ABSENT: Council Members Cochran and Durrance I. Pledge o: Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S, and Texas flags. 2. Presentation of 1999 Outstanding Finance Officer Award to Kathy DuBose by Charles Cox, President-Elect, Government Finance Officers Assoclation of Texas. Mayor Miller introduced Charles Cox, President-Elect of the Government Finance Officers r Association of Texas, who presented the 1999 Outstanding Finance Officer Award to Kathy A� Dullose, CiT�EP52137'� 3, The Council receive) a report from Bill Morrow regarding Flangcorp (Tomlinson Avionics). ` i r I i City of Denton City Council Minutes May 11, 1999 P^;e 2 Air, Morrow was not present at the meeting. 4. The Council rmeived a report from Dessle Goodson regarding the City of Denton. his Goo0son was not present at the meeting, S. The Council received a report from Nell Yelldcll regarding City taxes. Nis. Yelldell was not present at the meeting. 6. The Council received a report from Raymond Redmon regarding a Fred Moore Park footbridge across the Pecan Creek dralavge expansion. Council Member Young requested this item be moved to later in the meeting. 1, The Council received a citizen report from T. E. Uland regarding a hazardous corner. Air. Uland reported a concrete drainage culvert that was hazardous to vehicles. NOISE EXCEULO 8. The Council consi tered a request for an exception to the noise ordinance for a house party at 2010 W, Hickory on Saturday, May 13, 1999 from 10 00 p.m. until I:00 a.m. This item was pulled from the agenda. IC -STAG Burroughs motioned, Beasley seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley "ayt", Burroughs "aye", Kristoferson "aye", Young "aye", and Mayor Stiller "aye". Motion carried 3-0. 9. Tax refund to Wal-Mart Stores Past, Inc. in the amount of$10,708.97. 10. ax refund to DNB Investments LTD in the ar..,ttnt of$706.55. 3 k. NO. 99-149 AN ORDINANCE ACCEPTING COMPETITIVE RIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF WOODEN DISTRIBUTION POLES; n PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND ( �'• ` PROVIDING AN EFFECTIVE DATE (BID 2332 - WOODEN DISTRIBUTION POLES AWARDED 'TO NORTH PACIFIC LUMBER COMPANY, IN THE AMOUNT OF $16,517), t r City of Denton City Council Minutes May 11, 1999 Page 3 12, NO. 99-150 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF EIGHT ROAD BORING PROJECTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2354 — ROAD BORE PROJECTS FOR ELECTRICAL CROSSINGS AWARDED TO DICKERSON CONSTRUCTION CO„ INC. IN THE AMOUNT OF$138,185). 13. N0. 99-151 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF LIFEPAK DEFIBRILLATORS, MONITORS AND PERIPHERAL ITEMS, AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 94106 — PHYSIO-CONTROL CORPORATION, FOR LIFEPAK 12 AND LIFEPAK 10 DEFIBRILLATORS, MONITORS AND PERIFERIALS IN THE AMOUNT OF$84,319). i 14. NO. 99.152 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF UTILITY BILLING ENVELOPES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2348 - UTILITY BILLING ENVELOPES AWARDED TO PRECEPT INC. IN THE AMOUNT OF $20,100). 15. NO. 99-153 AN ORDINANCE ACCEPTING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF ALUMINUM BOX CULVERT AND HEAD WALLS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 94823 - CONTECH CONSTRUCTION PRODUCTS, INC. IN THE AMOUNT OF S43,486.11). 16. N0. 99.154 , r AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF B10XIDE, A PRODUCT AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 94822 - US FILTER/DAVIS PROCESS PRODUCTS IN THE AMOUNT OF 531,7SLSS). t t City of Denton City Council Minutes May 11, 1999 Page 4 17. NO. 99-135 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FORT WORTH. TEXAS, FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN AND CONS:RUCTION OF A TWENTY INCH WATER MAIN ALONG FORT WOkTH D:WE (U.S. HIGHWAY 377) FROM BENT CREEK ESTATES TO HAMILTON ROAD, IN DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Council Member Cochran arrived at the meeting. PUBLIC HEARINGS Item 23 was considered first. 23. The Council held a public hearing Inviting citizens to comment on the City of Demon's 1999 Action Plan for Housing and Community Development. i Luisa Rodriguez-Garcla, Community Development Coordinator, stated the 1999 Action Plan included funding available from the U.S. Department of Housing and Urban Development which included all the Community Development Block Graat Funding and }TOME Funding. The Community Development Advisory Committee and Human Services Committee recommended 20% for administration; 27% was allocated for housing activities, such as the Homebuyer Assistance Program, the Homeowner Rehabilitation and Optional Reconstruction Program, and the Emergency Repair Program; 40% was recommended for public impro%ements, such as the Gayla Bridges Improvement and a couple of street repaves; 15% Has set aside for the Human Services Committee to allocate to human services. Under the HOME Program, HUD required that is% of the money be set aside for a CHODO (Comm.iiaity (lousing Organization Development Organization) which was a non-profit organization. The Denton Affordable Housing Corporation was the only certified CHODO in the city. She stated this was the second public hearing. Council Member Young asked what the qualifications were for the ren,- housing assistance program. Barbara Ross, Administrator of Community Development, stated the individual that owned the rental property could not have an Income higher than 130% of the area median income, The i A median income for a family of four was $46,000 to 548,000. Assistance for a household of , j, four was over 5100,000 and for a household of one or two it was$73,000 to$90,000. Council Member Young asked if the committee could review the qualifying criteria for this program. t City of Denton City Council Minutes May 11, 1999 Page 5 Ross stated that the committee could review the qualifying criteria and bring that back for the council's review. The Mayor opened the public hearing. No one spoke during the public hearing. Mayor Miller stated the following Individuals had turned in speaker cards: Jane Ogletree, 309 Cas?e Ct., Denton, 76201, support Melanie Berry, P. O. Box 2885, Denton, 76202, support The public hearing was closed. 18. The Council held a public hearing and considered rezoning 3.79 acres, from a two-family dwelling (217) zoning district to a Central Business (CB) zoning district. The property was bounded on the north by Parkway, on the south by Pearl Street, on the east by Bolivar Street and on the west by Carroll Blvd. The proposal was to develop a bank on the western portion of the site. The Planning and Zoning Commission recommended approval 6-0 with conditions. (2-99- 028) Mark Donaldson, Assistant Dinvtor of Planning, stated the current development on the tract was the Pearl Street Church of Christ and two existing single-family homes, which were being moved. The biggest factor relating to the Central Business District zoning was the off-street parking requirements. This site was unique In that there was existing parking associated with the church and the applicants had entered Into an agreement to share that parking. A neigbborhood meeting was held April 19, 1999. Fifteen property owners within the 200-foot radius were notified. Six responses in favor of the proposed zoning were received. The Planning and Zoning Commission considered two conditions and added those to !heir recommendation-the standard lighting condition and the current landscape code. Council Member Cochran asked if the parking arrangement was set in stone or could It be changed in the future and what requirements would be made Donaldson stated that in the event that the property was zoned for some other zoning district than the Central Buslness District the developers would have the right to enter into arrangements for off-site parking. Council Member Cochran asked if there would be any other office space available In the bank building. Donaldson stated a site plan had not been attached to the zoning, r t Council Member Cochran asked what was the zoning to the south. Donaldson stated it was zoned commercial { 1 i City of Denton City Council Minutes Slay 11, 1999 Page 6 Council Member Kristoferson wanted to know what was going to happen to the two houses. The Mayor opened the public hearing, George Highfill, 3204 Windy Hill, was the applicant and spoke in favor of the zoning. He stated their plans were to build a 20,000 square foot building. It would be a two-story office building. The bank would occupy the first floor and the second floor would be available for lease and for the bank's expansion as needed. One house was under the ownership of the church, fhe other house he was not sure where it was going. Council Member Young asked how many jobs the bank would create. Highfill stated there would be twelve employees to start with and when the buitdivg was complete, there would be 25-30 employees. Council Mem'�er Cochran asked about the easement and if it belonged to the City of Denton, what were the bank's plans for it. Highfill stated they would landscape it or whatever was appropriate for it. Mayor Miller stated the following Individual had turned in a speaker card: Tony Clark, 3316 Belmont, Denton, 76205, support No one spoke In opposition. i The Mayor closed the public hearing, 1 The following ordinance was considered: AN ORDINANCE OF T116 CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM TWO-FAMILY DWELLING (2F) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO CENTRAL BUSINESS (CB) ZONING DISTRICT CLASSIFICATION AND USE'E, DESIGNATION FOR 3.79 � ACRLS OF LAND BOUNDED BY CARROLL BOULEVARD, PEARL STREET, BOLIVAR STREET AND PARKWAY STRFET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z•99-028) Young motioned, Kristoferson seconded to approve the zoning with the conditions a recommended by the Planning and Zoning Commission, On toll vote, Beasley 'aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye", Motioned carried 6-0. 19. The Council held a public hearing regarding the proposed voluntary annexation of 65 174 acres located south of Nowlin Road on the east side of FM 2181 (Teasley Lane) gencral'y opposite Hickory Creek Road In the extraterritorial jurisdictlon of the City of i :.r t i City of Denton City Council Minutes May 11, 1999 Page 7 Denton, Texas. The proposal was to develop the property for commercial (C) zoning district, multi-family residential (M11) zoning district, and single-family residential (5F7) zoning district. (A-83) Mark Donaldson, Assistant Director of Planning, stated the property had city bet ndaries on the east and west edges. The property was located In an area that was already being provided public services and the Service Plan demonstrated that the city could provicle the services required as part of the annexation. One of the major topics of discussion with this site was its location with respect to the recently approved Roadway Component of the Denton Mobility Plan, It was at the confluence of three primary arterial roads. Teasley Lane was on Its west edge, Hickory Creek teed into Teasley Lane and it was proposed to continue across this property and connect with the future extension of 2499. It had single-family, multi-family, and commercial zoning designations that had been requested. Donaldson stated they were seeing a coordinated effort to provide Infrastructure and to work together for development that complied with the Land Use Plan and the Growth Management Strategy. Council Member Durrance arrived at the meeting. Council Member Kristoferson stated that according to the Growth Management Plan this area sho,dd be developed as low density residential and Council was to receive something next } week that indicated this should be commercial activity. She wanted to know when changes were made to the Growth Management Plan. Donaldson stated that those recommendations were coming to Council at the May 23 work session and reflected the need for a commercially developable area to support the kind of I population projections that the city was seeing. the Mayor opened the public hearing. Bob Nelson, 3329 Dunes Street, representing the owners, spoke In favor of the annexation. Dave Neal, 1101 Buena Vista, stated he was in favor of the annexation but there was a safety issue, a drainage issue, and a quality of life issue that needed to be addressed. Brenda Phillips, 1101 Buena Vista, stated she was In favor of annexation but there were some neighborhood concerns, such as the impact on the school system (McNair and McMath), and traffic at the intersection of Hickory Creek and Teasley, and requested the developers hold a neighborhood meeting at McNair Elementary. Den Pennell, Rt, 13 Box 133, Denton, spoke In favor of the annexation. r' Ak The Mayor closed the public hearing. Donaldson stated that the second public hearing would be next week. item 6 was considered. t I t City of Denton City Council Minutes May 11, 1999 Page 8 6. The Council received a report fron, Raymond Redmon regarding a fired Moore Park footbridge across the Pecan Creek drainage expansion. Raymond Redmon, 417 E. Prairie Street, stated that during the Pecan Creek drainage expansion the footbridge was removed and there were no plans for another bridge to be placed there. He stated his concern that this was not Included in the funding for the project and felt there was a need for this bridge to be replaced. Council Member Young requested staff to look for the funding to replace the bridge at Fred Moore Park, Council Member Cochran suggested using a historic bridge from Denton County that was in jeopardy of being removed. 20. The Council hold a public hearing regarding the proposed involuntary annexation of an 80.141 acre tract located on the south side of McKinney Street and directly opposite of Trinity Road, in the City of Denton's ETl. (A•84) Dave Hill, Director of Planning, stated dAls was the second public hearing for this property. The proposed manufactured home park was designed to be wholly within the ET), providing the city with only subdivision regulation of the development. He stated the actual number of acres to be annexed was 73.671 acres. Council Member Burroughs asked about the platting process. Hill stated that they had a preliminary plat application submitted to the Planning Office and it was being scheduled for May 26. Pending the outcome of the discussions about the alignment of the thoroughfare, the applicant might decide to revise the plat and that might take some time. The Mayor opened the public hearing. Nancy Carson, 2601 S. Mayhill, spoke In rpposition to the annex►,don. She stated that if current ordinances co+tld not be enforced she did not want any mete manufactured home parks In the city limits. Weldon Burgoon, Rt. 2, Box 634B, was the owner of the property and spoke in opposition to the annexation. Carsero Sevillion, P. 0. ftox 2431, Coppell, spoke In favor of the annexation but asked that ' A the city control what went there. R. Mac Powell, 1710 Hwy 720 E, Little Elm, spoke In support of the annexation. He sip-ted That Clayton Homes built "communities" not "trailer parks". The Mayor closed the public hearing. I �I h t I a City of Denton City Council Minutes May 11, 1999 Page 9 11ill stated there would be a first and second reading of the annexation ordinance. 23. The Council held a public hearing Inviting citizens to comment on the City of Denton's 1999 Action Plan for Housing and Community Development. The Mayor re-opened the public hearing. Penn! Abbott, 3224 Oriole Lane, spoke in opposition to the funding for Denton Affordable Housing which was included in the 1999 Action Plan. She stated the DAHC was supposed to be working on a project In the 400 block of Mockingbird where they had moved In some houses that were to be refurbished and so far the houses had been there since last September and nothing had been done. Council Member Cochran asked if there had been any meetings with the neighbors and Denton Affordable Housing since this started, Abbott stated they had not been contacted at all. Council Member Kristoferson asked Barbara Rosm what was the obligation, timeline, and qualitative and quantitative framework for a C11000 to fulfill a project under a grant. Barbara .Ross, Administrator of Community Development, stated that the only CHODO In Denton taat was certified by the State of Texas and the City of Denton was the Denton Affordable Housing Corporation, The Community Development Department monitored the funding they received from the city. Mayor Sliller stated the following individuals had turned in Speaker Cards: Elizabeth Fagan, 3304 Woodthrush, Denton, 76201 - opposition Judy Patman, 3505 Meadowlark, Denton, 76201 - opposition 1 Mauro Rodriguez, 3212 Oriole Lane, Denton, 76201 -opposition Noe Rodriguez, 416 Meng Circle, Denton, 76201 -opposition Siason Haggard, 504 Kingfisher Court, Denton, 76201 -opposition Jane Provo, Executive Director of Denton Affordable Housing Corporation, addressed the Council on the progress (or lack of progress) of the project. The Mayor stated that since there were major concerns about this that maybe this should be brought back at a work session. , Ross stated that this wLs scheduled to come back to the Council for final approval on May 18. /A if the Council wanted to recommend changes, they could be incorporated into the document and brought back next week or it could ke delayed. Ross stated that one of the major concerns the committee looked at when considering funding for the Denton Affordable Housing Corporation was that DAHC had not gone out and talked with the neighborhood residents In o timely manner regarding the development. She stated that r I City of Denton City Council Minutes Slay 11, 1999 Page 10 Nis. Provo and she had developed some participation guidelines requiring the DAl1C to hold an annual public hearing to notify neighborhoods when they were going to complete projects in neighborhoods which made a significant impact on that neighborhood and opened them up to more notifications and public meetings. Mayor Pro Tern Beasley stated that the Council should look at this during a work session, She stated that DAHC should be mending some fences with the neighborhood right now by meeting with the neighborhood. Hill verified that for the work session the Council wanted to look at the Toledo Court Pr,)}xt situation and in response to the comments during this public bearing. The Council wanted to see some of the options regarding the funding for a CHODO also. Jane Graham, Executive Director of Denton County Children's Advocacy Center, spoke to support of the fundirg for the Center. The Mayor stated that the following individual had fillet out a Speaker Card: Pearl )ones, 2914 E. Rosedale, Ft. Worth, 76104, in support of funding for the Sickle Cell Disease AssociatioalGreater Ft. Worth Chapter which serves families In Denton f County The Mayor closed the public hearing. 21. The Council held a public hearing regarding the propose J involuntary annexation of 83.73 acres Iocated on the northwest corner of loop 288 and Stuart Road intc Section, In the City of Denton's ET). (A•85) Dave Hill, Director of Planning, stated this was the second public hearing. Hill stated that 16.55 acres of this parcel were located in the city limits and the remaining 83.73 acres were located in the ETJ, the developer had tubmitied a preliminary plat that was being considered by the Development Review Committee. The Service Plan Indicated that services could be provided as required by state law. The Mayor opened the public hearing. No one spoke in support or opposition of the annexation. The Mayor closed the public hearing. r ' 22. The Council held a public hearing regarding the proposed Involuntary annexation of a (,:.," 19.602 acre tract located on the south side of Edwards Road, approximately 2,000 feet west of Swisher Road, in the City of Denton's ETJ. (A•86) Dave Hill, Director of Planning, stated this was the second public hearing. The Mayor opened the public hearing. i t , a 1 City of Denton City Council Minutes May 11, 1999 Page 11 Zack Mason, 700 Custer Road. Apt. 166, spoke in suppo.t of the annexation and in opposition to a mobile come park. The Mayor slated that the following individual had filled out a Speaker Card: Mark Mason, 6184 Swisher Road, 76208, support of annexation and opposition of mobile home park The Mayor closed the public hearing. I ITEMS FOR INDIVIDUAL CONSIDERATION f 24, The Council considered approval of a resolution dissolving the 1996 Oversight Committee; expressing the sincere appreciation of the City Council for the work of the members of that committee; providing that the committee chair and council representative would continue to serve as liaison to the committee to be established to oversee the 2000 five- year capital improvement bond program; and providng an effective date. Rick Svehla. Deputy City Manager, presented council with the resolution. I The following resolution was considered: R99-018 A RESOLUTION DISSOLVING THE 1996 OVERSIGHT COMMITTEE; EXPRESSING THE SINCERE APPRECIATION OF THE CITY COUNCIL FOR THE WORK OF THE MEMBERS OF THAT COMMITTEE; PROVIDING THAT THE COMMITTEE CHAIR AND COUNCIL REPRESENTATIVE WILL CONTINUE TO SERVE AS LIAISON TO THE COMMITTEE TO BE ESTABLISHED TO OVERSEE THE 2000 FIVE-YEAR CAPITAL IMPROVEMENT BOND PROGRAM; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Durrance seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", i'.ristoferson "aye% Young "aye", and Mayor Miller "aye", Motion carried unanimously. 25. The Council considered approval of a resolution approving the eligibility of the structure located at 113.117 W. Hickory Street, Denton, Texas, for tax exemption for historically significant sites pursuant to Chapter 10, Article VII Code of Ordinances of the City of Denton, Texas; authorizing the City Manager to execute a VA exemption certificate; and A declaring an effective date. (The Historic Landmark Commission recommended approval 6-0.) I J'.- )ulic Glover, Main Street, stated this was a tax abatement, which would freeze their taxes at the pre-renovation assessment for ten years. The following resolution was considered: 1 City of Denton City Council Minutes May 11, 1999 Page 12 R99-019 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE ELIGIBILITY OF THE STRUCTURE LOCATED AT 115.117 WEST HICKORY, DENTON, TEXAS FOR TAX EXEMPTION FOR HISTORICALLY SIGNIFICANT SITES PURSUANT TO CHAPTER 10, AR'fICLE VII CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AUTHORIZING CITY MANAGER TO EXECUTE A TAX EXEMPTION CERTIFICATE; AND DECLARING AN EFFECTIVE DATE. Burroughs motioned, Beasley seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously, 26. The Council considered adoption of an ordinance of the City of Denton, Texas lifting suspension of the proposed time-of-use rate option set forth in the statement of intent and application of Texas Utilities Electric Company heretofore filed with the City on January 15, 1999, such suspension being set forth in Ordinance Number 99-058; providing for approval of rate schedules for Texas Utilities Electric Company respecting lime-of-use rate options pertaining to the sale of electric service to residential, commercial and industrial customers i within its duly-certificated area in the City of Denton, Texas; providing conditions under which such rate schedules may be changed, modified, amended or withdrawn, finding and determining that the meeting at which this ordinance is passed is open to the pubic as required by law; adopting declarations and findings in the preamble providing the reasons therefor, providing for a severability clause; and providing for an effective date. I Sharon Mays, Director of Electric Utilities, stated that the Public Utilities Board recommended approval, She stated staff recommended approval of the rates as proposed by Texas Utilities. The following ordinance was considered: NO. 99.156 AN ORDINANCE OF THE CITY OF DENTON, TEXAS LIFTING SUSPENSION OF THE PROPOSED TIME-OF-USE RATE OPTIONS SET Foxnm THE STATEMENT OF INTENT AND APPLICATION OF TEXAS UTILITIES ELECTRIC COMPANY HERETOFORE FILED WITH THE CITY ON JANUARY 15, 1999, SUCH SUSPENSION BEING SET FORTH IN ORDINANCE NUMBER 99-055; PROVIDING FOR APPROVAL OF RATE SCHEDULES FOR TEXAS UTILITIES ELECTRIC COMPANY RESPECTING TIME-OF-USE RATE OPTIONS PERTAINING TO THE SALE OF ELECTRIC SERVICE TO RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL CUSTOMERS WITHIN ITS DULY. CERTFICATED AREA IN THE CITY OF DENTON, TEXAS; PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED 1S OPEN TO t , I City of Denton City Council Minutes May 11, 1999 A Page 13 THE PUBLIC AS REQUIRED BY LAW; ADOPTING DECLARATIONS AND FINDINGS IN THE PREAMBLE; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned; Burroughs seconded to approve the ordinance. On roll vote, Beasley "aye", Burroighs "aye", Cochran "aye", Durrance "aye", Krlstoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 27. The Council consid•.-red adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for professional legal services with the law firm of Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C., Austin, Texas, pertaining to representation of the City before the Public Utilities Commission of Texas in the areas of public utility regulatory law and administrative law, respecting any pertinent rulemaking proceeding or project, and legal advice concerning compliance with PUC rules respecting the activities of Denton Municipal Electric; authorizing the expenditure of funds therefore; and providing for retrolctive effect of the agreement; and providing an effective date, Sharon Mays, Director of Electric Utilities, recommended approval of continuing the city's relationship with this firm, The following ordinance was considered: NO. 99-157 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P.C. PERTAINING TO REPRESENTATION OF THE CITY BEFORE THE PUBLIC UTILITIES COMMISSION OF TEXAS (-PUC-) IN THE AREAS OF PUBLIC UTILITY REGULATORY LAW AND ADMINISTRATIVE LAW, RESPECTING ANY PERTINENT RULEMAKING PROCEEDING OR PROJECT, AND LEGAL ADVICE CONCERNING COMPLIANCE WITH PUC RULES RESPECTING THE ACTIVITIES OF DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Cochran motioned, Durrance seconded approval of the ordinance. On roll vote, Beasley , "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Krisloferson "aye", Young "nay", A and Mayor Miller "aye". Motion carried 6-1, r 28. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with Camp Dresser & McKee, Inc,. Dallas, Texas, for engineering services pertaining to the design and construction of expansion and improvements to existing facilities at the Pecan Creek Water i City of Denton City Council Minutes May 11, 1999 Page 14 Reclamation Plant In the City of Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date. Howard Martin, Assistant City Manager of Utilities, stated that the professional services agreement was for the engineering of the Water Reclamation Plant expansion. The Water Reclamation Plant had exceeded the state criteria for permitted flow, Camp Dresser and McKee were selected to start with Phase I, the preliminary design. The following ordinance was considered; NO. 99-158 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CAMP DREfiSER & MCKEE, INC., DALLAS, TEXAS, FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN AND CONSTRUCTION OF EXPANSION AND IMPROVEMENTS TO EXISTING FACILITIES AT 7 HE PECAN CREEK WATER RECLAMATION PLANT, IN THE CITY OF DENTON, 1EXAS; AUTHCURIZtiG3 THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Miller seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs 'aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried 7-0. J 29, The Council considered approval of an ordinance to declare the intent to reimburse 1 expenditures from the retained earnings of the water fund with revenue bonds so that two phases of a new water tine project, more fully described In the body of this ordinance,could be commenced; declaring an emergency and amending the 1998-99 Capital Improvement budget to allow the funding of Phase I and Phase 11 of the highway 377 water distribution system upgrade; and providing and effective data Kathy Du9ose, Assistant City Manager, Fiscal and Municipal Services, stated this ordinance j ti would amend the budget for the Capital Improvement program for the 1995.1999 fiscal year for the Water Fund and allowed reimbursement of the expenditures for this project with revenue bonds The project was to run a water transmission line along Highway 377 from the City of Denton to Crawford Road. The first phase would take it from Denton to Hamilton Rcad and the second Phase would take It from Hamilton Road to Crawford Road, The following ordnance was considered; ,t N'). 99.159 AN ORDINANCE TO DErLARE THE INTENT TO REIMBURSE EX '—�NDITUI'ES FROM TI;E RETAINED EARNINGS OF THE WATER FUND WiTll REVENUE BONDS SO THAT TWO PHASES OF A NEW WATER LINE PROJECT, MORE FULLY DESCRIBED IN THE BODY OF THIS ORDINANCE, t City of Denton City Council Minutes May 11, 1999 Page 15 MAY BE COMMENCED; DECLARING AN EMERGENCY AND AMENDING THE 1998.99 CAPITAL IMPROVEMENT BUDGET TO ALLOW THE FUNDING OF PHASE I AND PHASE It OF THE HIGHWAY 377 WATER DISTRIBUTION SYSTEM UPGRADE; AND PROVIDING AN EFFECTIVE DATE Young motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 30. The Council considered appointments to a special Citizens Advisory Committee to study capital improvement needs for projects to be included in a January 2000 bond election. Mayor Pro Tern Beasley appointed Herbert Ifoll to the Committee. Council Member Cochran appointed Carroll Trail and Joyce Poole to the Committee. Mayor Miller stated this item would be put on the next agenda for final appolntmems. 31. The Council considered nominations/appointments to Boards and Commissions. Mayor Miller asked staff to check if there were currently five members on the Park Board, 32, Miscellaneous Matters from the City Manager. City Manager Jez did not have any items for Council, 33. New Business The Council did not suggest any items for future agendas. 34. There was no continuation of the Closed Meeting under Sections 351,071.551.085 of the Texas Open Meetings Act. 35. There was no official action on the Clos d Meeting tinder Sections 551.071.531.085 of the Texas Open Meetings Act. " Following the completion of the Regular Session, the Council convened Into a Work Session, I. The Council receivrd a presentation from John Fregontese of Fregoaese Calthorpe & Associates, Regional and Urban Planning Consultants from Portland, Oregon, and held a discussion regarding "Smart Growth% urban development, and municipal growth concepts. Mr, Fregonese stated tha: the nature of Smart Growth was very basic. Ile stated that a person could look at a city and tell what the most important things there were and about people that lived there, Ile stated it was a balance of values. He stated that many cities were expanding J by area rather than population, He stated there were some Important factors included in growth management fundamentals, A city had to have a vision; know the basic values of the community; Identify trends that threaten t City of Demon City Council Minutes May 11, 1449 Page 16 those community values; Identify solutions that have wide appeal; communicate the vision broadly; and invite broad participation. He stated that a city should know the facts which included: developing the best data available In CIS; use modeling to evaluate options; took at a wide range of options Including a trend extrapolation(base)ine); and develop a strategy that maximized many goals. He also suggestei' in order to implement wisely, the city had to develop a multi-faceted implementation strategy and develop Implementation based on reality, not ideology. Fie stated regulation could be used to achieve these goals. He said make what you want to happen easy, make what you don't want to see hard. If redevelopment was wanted, make it financially feasible. If a protected resource was wanta', make it financially rewarding. He advised not to rely on the zone change process for quality, but develop good standards and pre- zone land. lie stated rot to worry so much about what went on inside a building, lie suggested using design standards codes to build a community. 2. The Council received a report, held a discussion, and gave staff direction regarding the Environmental Management and Public Involvement sections of the draft Comprehensive Plan. Howard hlattin, Assistant City Manager of Utilities, presented the Environmental Management section. Ile stated the goals to develop conservation and development priorities could be achieved by providing the City with a method for systematically Identifying, evaluating, and synthesizing various environmental attributes associated with a particular piece of land; using assigned ecological values to determine what type of development was compatible with each habitat area; acquiring and preserving open spaces considered of high value to the City of Denton; requiring proposed developments to protect the natural resources associated with the development site to the greatest extent possible; encouraging `Green Builder" standards; and expanding the public education program. Martin stated that the goals for Improving air quality were to encourage public transportation systems, and develop policies to reduce ozone concentrations from mobile and stationary \ sources. He stated preserving floodplain areas would Improve water quality, maintain stream corridors, and maintain floodplain habitat. lie stated the City would encourage the L preservation of open spaces. Council Member Young left the meeting. Dave Hill, Director of Planning, stated Public Involvement was a process that included three forms of communication, Notification (the city tells the citizen about it), education (the city explains the options to the citizens), and participation (the citizens tell the city what they think A About it). I V N 3. The Counal received a report, held a discussion and gave staff direction on pedestrian safety traffic capacity Improvements on Bell Avenue from Texas Street to University Drive (U.S. 380). City of Denton City Council Minutes May 11, 1949 Page 17 Rick Svehla, Deputy City Manager, stated that the City and TWU had been looking at ways to improve traffic flow and pedestrian movements on Bell Avenue from Texas Street to University Drive (U.S. 380). lie stated the City had had extensive discussions with TWU about improvements to the signal system and removal of parking and installation of medians on Bell Avenue to make improvements for both modes of transportation. He stated staff recommended removal of almost all the parking on Bell Avenue, changing the location of signals, building medians and changing some of the sidewalks that led to crosswalk areas. TWU and the City of Denton would share the cost of the median Improvements, The City would move the signals, and TWU would pay for all the landscaping of the medians. The Council directed staff to proceed with their recommendation. 4. The Council received a report, held a discussion, and gave staff direction regarding the City of Denton Hazard Reduction/Elimination Study for the Water Treatment and Water Reclamation Plant Facilities done by Carollo Engineers, Howard Martin, Assistant City Manager of Utilities, stated that the 1996 Clean Air Act Amendments required all facilities that transported, stored or utilized certain hazardous materials to develop Risk Management Plans by June 21, 1999. As part of this process, the City of Denton hired Carollo Engineers to evaluate hazard reduction rec +emendations for both the Water Treatment Plant and Water Reclamation Plant facilities. Their i;port also evaluated hazard elimination alternatives for gas chlorine or anhydrous ammonia for the Water Treatment Plant Martin stated that based on Carolio's study, staff recommended the development of a Risk Management Plan and the continued use of gas chlorine and anhydrous ammonia for the Water Treatment Plant. A new chlorination storage and handling facility was recommended that would include provisions for containment and scrubbers for the chlorination system, The Water Reclamation Plant would have a separate study performed to evaluate UV dislnrection as a part of the plant process. The Council directed staff to proceed u ith their recommendation. S. The Council received a report, held a discussion, and gave staff direction concerning cable television rates for Charter Communications, Richard roster, Public Information Officer, stated that Charter Communications had presented it rate increase request The filing indicated that they Intended to keep the basic cable service rate at its present rate, Their filing Indicated new rates for everything else except changing tiers. C2 Consulting had analyzed the cable operator's proposed rates for converters, remote ti controls, changing tiers, and the hourly service charge. Ile stated that staff recommended approving the rates as determined by C2 Consulting, `� The Council directed staff to proceed with recommendation of consultant. 4 I c City of Denton City Council Minutes May 11, 1999 Page IS With no further business, the meeting was adjourned at 12;t6 p.m. i I JACK MILLER, MAYOR CITY OF DENTON. TEXAS i JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON. TEXAS i i i i i r 1 t. I� CITY OF DENTON CITY COUNCIL MINUTES May 18, 1999 f After determining that a quorum was present and convening In an open meeting, the City Council convened in a closed meeting on Tuesday, May 18, 1999 at 3,13 p.m. In the Council Work Session Room at City Hall, PRESENT: Mayor Miller, Mayor Pro Tent Beasley, Council Members Bwroughs, Cochran, Durrance, Kristoferson, and Young. ABSENT: None 1. The Council considered the following in Closed Meeting: A. Consultation with Attorney - Under TEX. GOVT. CODE Sec. 331.071, The Council discussed and consulted with the City's attorney, including outside legal counsel, litigation styled Ciry of Denton v, Denton County Fresh Water Supply District No. M and Denton County Fresh Water Supply District No. S, Cause No. 99-40138-362, filed in the 3621 District Court of Denton County, Texas, including strategy and possible settlement negotiations. B. Conference with Employees - Under TEX. GOVT. CODE Sec. 531.073. The Council received Information from employees during a staff conference or briefing, but did not deliberate during the conference Regular Meeting of the City of Denton City Council on Tuesday, May 18, 1999 at 6:00 p,m, in the Council Chambers at City Hall. PRESENT: Mayor Miller, Mayor Pro Tent Beasley, Council Members Burroughs, Cochran, Durrance, Kristoferson, and Young. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. c 2. Presentation of Proclamations Mayor Miller presented a proclamation for 'National Safe Boaiing Week" to Lee Dryja with the Coast Guard Auxilliary. t 3. The Council considered a request for an exception to the Noise Ordinance from the Parks and Recreation Department for 1999 Juneteenth Activities at Fred Moore Park on June + /� •`� t 18 and 19. The request was for an exception until 1:00 a,m. on Friday, June 18 and Saturday, June 19. The activities were coordinated by Elihu Gillespie, Parks and Recreation Leisure Services Supervisor, City of Denton City Council Minutes May 18, 1999 Page 2 Young motioned, Burroughs seconded to approve the request. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously, CONSENT AGENDA Beasley motioned, Young seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", j Kristoferson "aye", Young "aye", and Mayor Miller Miller "aye", Motion carried unanimously, 4. NO, 99.160 AN ORDINANCE AMENDING ORDINANCE NO. 98.378 BY CANCELING THE j AWARD OF BID NO, 2281 TO CALVERT PAVING CORPORATION AND IN LIEU THEREOF AWARDING THE PUBLIC WORKS CONTRACT FOR THE ANNUAL CONTRACT FOR CONCRETE WORK TO FLOYD SMITH CONCRETE, INC., IN THE ESTIMATED AMOUNT OF $530,000; AND PROVIDING AN EFFECTIVE DATE) I � 3. NO. 99-161 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE LAKEVIEW RANCH LIFT STATION, GRAVITY SEWER LINE AND FORCE MAIN; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2333 - LAKEVIEW RANCH LIFT STATION, GRAVITY SEWER LINE AND FORCE MAIN AWARDED TO DICKERSON CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $269,307,50) 6. NO. 99-162 AN OR'a IANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGr'R OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER TO FRAZER, INC. FOR THE ACQUISITION OF TWO CLASS 1 AMBULANCES BY WA1 OF AN 1NTERLOCAL AGREEMENT WITH THE DALLAS/FT, WORTH INTERNATIONAL AIRPORT; AU'IIIORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 94831 - FRAZER, INC. IN THE AMOUNT OF $167,600) A, , 7. W. 99.163 AN ORDINANCE ACCEPTINU COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FIRE FIOHTING EQUIPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND i c City of Denton City Council Minutes May 18, 1999 Page 3 PROVIDING AN EFFECTIVE DATE (BID 2330 - FIRE FIGHTING EQUIPMENT AWARDED IN THE TOTAL AMOUNT OF $238,178.46) 8. NO. 99.164 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TRUCK BEDS AND BODIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2363 - TRUCK BEDS AND BODIES AWARDED IN THE AMOUNT OF $27,226) 9. NO, 99-165 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXEC1tTE SUPPLEMENT AGREEMENT NO. 1 TO THE PARK MANAGEMENT CONTRACT BETWEEN THE TEXAS PARKS AND WILDLIFE DEPARTMENT AND THE CITIES OF DALLAS AND DENTON, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. l0. NO. 99-166 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE SUPPLEMENTAL AGREEMENT NO. l TO LEASE DACW63.1.91-0343 THE CITIES OF DALLAS, TEXAS AND DENTON, TEXAS, RAY ROBERTS LAKE, TEXAS WITH THE CITY OF DALLAS AND THE SECRETARY OF THE ARMY 'GOVERNMEN'i) EXI,nNDING THE LEASED AREA TO ENCOMPASS VARIOUS WETLANDS DEVELOPMENT AND THE GREENBELT, AND PROVIDING OTHER CHANGES AS SET FORTH IN MORE DETAIL IN THr, BODY OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. I1. NO. 99.167 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN 1NTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE 12. Tax refund to Paging Network of DallaslFt. Worth for $1,085,24 due to Supplement #10 from the Denton Central Appraisal District, which correcte� the tax liability, resulting In an overpayment, A PUBLIC HEARING 13, The Council held a public hearing and considered rezoning 115 Woodrow Lane from a Multi-family i (MF-i) zoning district to a Commercial (C) zoning district. The 0.58 acre property was legally described as Tract 86 out of the Jonathan Brock Survey (Abstract 53) and was located on the east side of Woodrow Lane, south of McKinney Street. The proposal was t. c I I City of Denton City Council Minutes May 18, 1999 Page 4 to construct a pawn shop. (The Planning and Zoning Commission recommended approval (6- 0)with conditions.) (Z-99-017) Mark Donaldson, Assistant Director of Planning, stated the property was approximately one- half acre located on the east side of Woodrow, south of McKinney. The most distinctive feature in the vicinity was the Denton County Courthouse and jail facilities. Eight property owners who were within the 200-foot radius were notified and no responses had been received. The Planning and Zoning Commission recommended approval with an additional condition, the standard lighting condition. Council Member Cochran stated that this was the brightest spot in town at night since this was directly across from the county complex and the additional condition would not make a lot of difference one way or another, Mayor Miller stated that for the apartment dweller behind the property It could make a difference. Even though the county complex was brightly lit, that was across the street a-id half a block down. Council Member Kristofetson asked about plans for the exterior of the building. Buildings in close proximity had masonry extetlors, Donaldson stated there was nothing offered by the applicant and no conditions were attached by the Planning and Zoning Conunisslon, Council Member Ktistoferson asked If part of the approval could Include a condition for a masonry exterior, Mayor Miller stated they could make it conditioned zoning, , Mayor Miller opened the public hearing. Eric Fry, 1102 Broadway, was the petitioner, Mayor Mt' ,r asked Mr. Fry if he had a problem with a brick or masonry siding condition. Fry stated yes, for a small business it would affect the cost efficiency of putting brick on a land:r building, lie stated a lot of the buildings in the area were metal buildings with masonry or stone along the front. f r The Mayor closed the public hearing. A ' The following ordinance was considered, NO, 99.168 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDINO FOR A CHANGE FROM MULTI-FAMILY l (MF•I) ZONING DISTRICT City of Denton City Council Minutes May 18, 1999 Page S CLASSIFICATION .%ND USE DESIGNATION TO COMMERCIAL CONDITIONED (C[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.58 ACRES OF LAND LOCATED ON THE EAST SIDE OF WOODROW LANE, SOUTH OF MCKINNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, (Z-99-017) Burroughs motioned, Beasley seconded to approve the ordinance with the standard lighting condition and a requirement for a masonry frontage on the building, On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", KtIstoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried 6-1. 14. The Council held a public hearing and considered amending the conditions of Ordinance 98.153 to permit an additional two land uses, specifically a veterinarian clinic (with no outside runs or pens) and a nursing home or residence home for the aged, and one monument sign per lot as well as one building (wall) sign per office building. The 4.982 acre property was legally described as Tract 7 out of the J. Fisher Survey (Abstract 421) and was located on the east side of Teasley Lane, opposite of Bent Oaks Drive. (The Planning and Zoning Commission recommended approval (6-0)with conditions.) (Z-99-022) i Mark Donaldson, Assistant Director of Planning, stated the site was located along the east side of Teasley, south of its intersection with Windriver Lane and Lillian Miller. The nearest significant features in the area were the fire station and library. The request was to amend two conditions that were included in Ordinance No, 98.133 by adding two additional land uses to one condition and clarifying allowed signs In the other condition. Fourteen property owners were notified of the zoning request. Two responses were received, one In favor and one opposed. A neighborhood meeting was held on March 29, No one other than the applicant and staff attended. Donaldson stated the amendment to the permitted uses was to add a veterinarian clinic without outside runs or pens and to allow a m sing home or residence home for the aged. In regards 1 to the sign condition, the request was to clarify it to allow wall signs on the buildings with the provision that no wall signs woulJ be allowed on any wall of a building that faced and abutted Teasley Lane and that monument signs whlc', were free-standing ground signs would be allowed pursuant to the sign code allowing one monument sign per lot plus one additional monument sign that would serve the subdivisions as a whole and would be located on a corner lot. The tract was In the process of being subdivided Into nine Individual lots and exlend;ng a street that would be known as Bent Oaks Court as a cul-de-sac into the interior or the parcel creating two cornet lots. Under the sign code, lots were permitted ground signs abutting each street frontage so on one of those two corner lots, two signs would be allowed--one serving ' A the subdivision and one serving the Individual building. The Planning and Zoning Commission r t:. recommended approval of the amendment 6-0 at the April 14 meeting. Mayor opened the public hearing Craig Irwin, 525 S. Carroll, spoke for the petitioner. j City of Denton City Council Minutes May 18, 1999 Page 6 Mayor Pro Tem Beasley asked if these were going to be residential-type looking offices. Irwin stated yes. The Mayor closed the public hearing. The following ordinance was considered, NO. 99.169 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING fOR AN AMENDMENT TO THE CONDITIONS OF ORDINANCE 98.153 WHICH ESTABLISHED A OFFICE (O(C]) CONDITIONED ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4.982 ACRES 01: LAND LOCATED ON THE EAST SIDE OF TEASLEY LANE, OPPOSITE OF BENT OAKS DRIVE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-022) Kristoferson motioned, Beasley seconded to adopt the ordinance with the conditions. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson Wave", Young "aye", and Mayor Miller "aye Motion carried unanimously, i 15. The Council held a public hearing and considered amending condition two (2) of Ordinance No. 95.116. The 2.0-acre property was legally described as Tract 11 of the Daniel Lombard Survey (Abstract No. 784) in the City of Denton, Denton County, Texas. The property was located on the south side of Interstate 35 adjacent to Carpet Max. The proposal was to allow for an additional ten thousand (10,000) square feet of floor for a gytmustics training facility. (The Planning and Zoning Commission recommended approval 6-0 with conditions,) (Z-99-019) I Mark Donaldson, Assistant Director of Planning, stated the request was to amend one condition, Ordinance No. 93-116 created a maximum square foot allowance of 25,000 square feet on the 43-acre site. The Carpet Max building was located on Lot 1 of the subdivision and Lot 2 was currently vacant. The Carpet Max building was 15,000 square feet, which left 10,000 square feet for the remaining lot. The applicant had requested that an additional I0A* square feet of space be allowed on Lot 2 bringing the total floor area to 35,000 square feet, Four property owners were notified of the zoning request. Two responses were received--one in favor and one neutral. The Planning and Zoning r, mmission recommended approval with , the addition of the standard Ilghting conditlon, ti Council Member Durrance expressed concern that the expansion was on a square foot basis and being an entryway to the city, asked If the applicant would be able to comply with the current landscape ordinance even though they were previously toned. Donaldson stated yes. The landscape ordinance was triggered by development activity so when they receive their building permit they would be required to meet the landscape ordinance, f 1 k City of Denton City Council Minutes May 18, 1999 Page 7 There was one condition of the orl orwl ordinance that dealt with landscaping which was to preserve all the trees that were two inches or greater within 25 feet of the property line so that will be over and above the landscape ordinance. Mayor Pro Tern Beasley was concerned that by doubling the size of the building would they be able to meet the parking requirements. Donaldson stated that they had seen a preliminary site plan that described parking and as it was presented it would meet the requi:ements of the ordinance. The Mayor opened the public hearing. Craig Irwin, 523 S. Carroll, was present representing the seller of the property. The Mayor closed the public hearing. The following ordinance was considered: NO. 99.170 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AMENDMENT OF CONDITION TWO (2)OF ORDINANCE NO. 95-116 (EXHIBIT A, ATTACHED HERETO) ALLOWING THE TOTAL FLOOR AREA FOR ALL BUILDING(S) CONSTRUCTED ON THE 4.2721 ACRES SHALL NOT EXCEED 35,000 SQUARE FEET; LOCATED ON THE SOUTH SIDE OF 1.35E; , APPROXIMATELY 1,000 FEET SOUTH OF SOUTHRIDGE SHOPPING CENTER; AND MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,400.00 FOR VIOLATIONS THEROF; AND PROVIDING FOP AN EFFECTIVE DATE(Z-99-019). Beasley motioned, Young seconded to approve the ordinance with the original conditions and the standard lighting condition. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristorerson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 16. The Council held a public hearing regarding the proposed Voluntary annexation of 65.174 acrei located south of Nowlin Road on the east side of FM 2181 (Teasley Lane) generally opposite hickory Creek Road In the extraterritorial jurisdiction of the City of Denton, Texas. A: Mark Donaldson, Assistant Director or Planning, stated this was the second of two public hearings regarding this tract of land, Ile stated It was located In south Denton near the intersection of Teasley Lane and Hickory Creek Road, It had land within city limits on both its east and west boundaries -- to the east was the Oakmont Country Club area and to the west Hickory Creek Road leads to McNair Elementary School, a recently platted subdivision which i (f , I h City of Denton City Council Minutes May 18, 1999 Page S was L-shaped was south of Ilickory Creek Road called Ilickory Creek Ranch, and a s-jbdivision in Denton's ETJ which was Old Alton Estates. Since the first public hearing a week aga, staff had talked with the applicant and they had requested that the Planning and Zoning oonsideration be moved from the May 16 meeting to the June 9 meeting to give them the opportunity to conduct a neighborhood meeting and to explore the idea of creating a planned development zoned district rather than the three straight zoning districts that were originally pr,tiposed. Mayor Miller asked if that would change the schedule. Dosldson stated it would not change the City Council consideration, just the Planning and Zoning consideration. The Mayor opened the public hearing. Bob Nelson, 3329 Dunes Street, asked the Council's favorable consideration for annexing the property. Greg Johnson, 1213 Vista Verde, asked if this was still planned to be multi-family and i commercial or would it be changed, Mayor Pro Tern Beasley stated that the Council was not looking at the zoning just the annexation. Council Member Kristoferson stated that the developer had submitted a planned development that included 24 acres of multi-family, 9 acres of commercial, attd 31 acres of single family. But the developer had requested a postponement so that they could hold more neighborhood discussions. The Mayor clased the public hearing. \ The Mayor instructed staff to proceed with the scbedule with the modification of the time when it will go to the Planning and Zoning Commission. 17, The Council held a public hearing to consider rezoning 2.093 acres from an Agricultural (a) zoning district to a General Retail with conditions (GR[c]) zoning district. The property was legally described as 2.093 acres in the Gideon Walker Survey (Abstract A•1330) I and was located on the north side of Interstate Highway 35 East Service Road, approximately 500 feet south of PocKrus Page Road. The proposed zoning would allow retail development. ti (The Planning and Zoning Commission recommended approval (6-0) with conditions.) (Z-99- 018, Old Denton Trail Mark Donaldson, Assistant Director of Planning, handed out a copy of the allowed uses within the general retail district to the Council. The site was located along 1-35E north and east of the Rails to Trails corridor. Some of the features in else immediate area were James Wood Autopark across the interstate, the new Denton Regional Medical Center }Hospital to the north ' C 1 i 1 t E E City of Denton City Council Minutes May l8, 1999 4 Page 9 and west. There was a new mobile home sales operation on the adjacent lot, which had commercial zoning. Six property owners were notified of the request. One response in favor wax received. The Planning and Zoning Cormnission recommended approval with three conditions. One condition was the standard lighting condition. The second condition would create a limit of lot coverage to 25 percent in order to mitigate traffic impacts in the area. The third condition was a requirement of a masonry fagade on the front excluding windows and doors, Council Member Kristoferson stated she had requested L,e permitted uses because of other general retail applications the Council had looked at. She stated this was an entry corridor. She stated that staff hae asked the Council to consider planned developments for a lot of the zonings along this corridor. As it stands right now, this would be a straight zoning, which meant that the only thing the Council would see would be a preliminary plat. There would be no design considerations, no use considerations, and any and everything on the permitted use list could be done with no further request. Council Member Kristoferson asked what would be required to fulfill a planned development (which would be a PD-General Retail) so that Council would have some oversight to design a detailed plan. Donaldson stated that one of the conditions that the zoning ordinance allowed was to attach to I zoning requests a condition for site plan approval which would be comparable to the detailed plan step of the planned development process. That might be the easiest way to achieve the site plan review -- to attach a condition that prior to development a site plan be approved. Council Member Kristoferson asked if the strongest limitation for uses would be a planned development and deny straight zoning for general retail or 40 do site plan review. City Attorney Prouty stated they were comparable. Uses could be limited with either the site plan or the planned development, Mayor Miller asked if the condition could include site plan approval and also use approval. Donaldson stated yes, it would probably be best to do it right now. City Attorney Prouty stated that they could go through the list and pvt a condition eliminating the uses the Council found objectionable, Council Member Cochran suggested giving the list of uses to the applicant and table the item , for now, proceed with the meeting, and come back to this item. The Mayor opened the public hearing. William E, Slott, 8038 Abramshire Avenue, Dallas, stated he was the real estate broker representing the seller. The contract for the sale of this property was contingent upon the zoning. c t I City of Denton City Council Minutes May 18, 1999 Page 10 Mayor Pro Tern Beasley stated that if the buyer knew what kind of use be was going to have these maybe some of the uses could be taken off the list. Mott stated that the use was brand new automotive accessories, truck accessories, and parts. It all conies In boxes from the manufacturer and it was a clean business. Mayor Miller asked Mr. Mott if he could go through the list tonight with the staff and cross off the objectionable uses. Mott stated yes. Mayor Miller suspended the public hearing while the applicant went through the permitted use list. VARIA\CE 18. The Council considered approval of exaction variances from Section 34.114(17), concerning sidewalks, and Section 34-114(5)b, concerning perimeter paving standards, of Chapter 34 of the Code of Ordinances (Subdivision and Land Development Regulations) for a 3.00 acre property in Division One of the City of Denton's Extraterritorial Jurisdicdon (ETJ). The property was located on the east side of Egan Road approximately 346 feet north of Jim Christal Road. Proposal was for one (1) single-family lot. (The P1ar-ning and Zoning Commission recommended approval,) (V-99-006) Mark Donaldson, Assistant Director of Planning, stated the property was located west of town, south of Highway 380, with Masch Branch Road going north and south, Jim Christal paralleled Highway 380 south of it and Egan connected the two. The area was small ranches and a large lot single family development, The Planning and Zoning Commission recommended approval of a partial variance with a dollar amount established that reflected what a typical single family home would spend on sidewalks and perimeter paving improvements, $1150 on sidewalk and $5400 for perimeter paving. Those numbers were established by reviewing the Engineering Department's contracts over a length of time. Those funds would go into an escrow account dedicated specifically to upgrading Egan Road at such time the City decided to do 0-it, There had been other variances approved along Egan Road Oat were also contributing funds towards that account. Council Member Burroughs asked if there was a time frame within which those funds had to be expended. Donaldson stated he did not think so. ✓' Mayor Pro Tern Beasley asked if Egan Road was included in a maintenance agreement with the J County and the City had taken over the maintenance. j Donaldson stated yes. Council Member Kristofeison asked if the escrow accounts were earning interest. a { R I C'. City of Denton City Council Minutes May 18, 1999 Page II Beasley motioned, Burroughs seconded to approve the partial variances ac recommended by staff and the Planning and Zoning Commission for the sidewalks and perimeter paving. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION 18. The Council considered approval of a resolution establishing the maximum rates that Marcus Cable/Chatter Communications may charge its Denton cable television subscribers for the basic service tier and associated equipment; establishing a maximum hourly service charge; providing a severability clause; and providing an effective date. Betty Williams, Assistant to the City Manager, stated that the public hearing was held April 20. No one spoke at that time. The resolution established maximum permitted charges as recommended by C2 Consulting. John Shrader, 1910 Maid Marion, stated the channel on Caner Cable for weather should run concurrently with the storm warning system that Denton had in place. Mayor Miller stated that he had a speaker card from the following individual regarding the item who did not wish to address the Council: Dennis Ash, 2520 Sherwood Lane, Denton, 76201 -opposition The following resolution was considered: NO. R99-020 A RESOLUTION ESTABLISHING THE MAXIMUM RATES THAT MARCUS CABLE/CHARTER COMMUNICATIONS MAY CHARGE ITS DENTON CABLE TELEVISION SUBSCRIBERS FOR THE BASIC SERVICE TIER AND 1 ASSOCIATED EQUIPMENT; ESTABLISHING A MAXIMUM HOURLY SERVICE CHARGE; PROVIDING A SF,VERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Miller seconded approval as per the consultant's recommendations. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion carried 5.2. The Public Hearing was re-opened for item#17, � David Hill, Director of Planning, submitted the permitted uses list. Council Member Kristoferson did not want to include the radio and microwave tower use in the list. i I I City of Denton City Council Minutes May 18, 1999 Page 12 Council Member Durrance asked if the applicant would agree to three sides of the building having a masonry front. Mr. Mott stated he did not know. The Mayor closed the public hearing. The following ordinance was considered: NO. 99-171 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO GENERAL RETAIL WITH CONDITIONS (GR(C)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2.093 ACRES OF LAND LOCATED IN THE GIDEON WALKER SURVEY (ABSTRACT A-1330) NORTH SIDE OF INTERSTATE HIGHWAY 35 EAST SERVif E ROAD, APPROXIMATELY 500 FEET SOUTH OF POCKRUS PAGE ROAD; PROVIDING FOR A PENALTY IN THE MAXIM11M AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99- 018) Young motioned to approve with all uses acceptable to the applicant. I The motion died for lack of a second. Burroughs motioned, Kristoferson seconded to approve the ordinance with the following permitted uses: Day Nursery or Kindergarten School; Accessory Building; Temporary Field or Construction Office (Subject to Approval and Control by Building Inspector); Auto Sales and Repair (In Building); New Auto Parts Sales Stores; Antique Shop; Florist or Garden Shop; Greenhouse or Plant Nursery (Retail); Offices, Professional and Administrative; Retail Stores 1 and Shops - 4,000 square feet or less; Retail Stores and Shops -Over 4,000 square feet; Studio for Photographer, Musician, Artist or Health; Animal Clinic or Hospital (no outside runs or pens); the conditions sited from the Planning and Zoning Commission; and a condition that it would be subject to a site plan review prior to development. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 20. The Council considered adoption of an ordinance approving a real estate contr,.ct between the City of Denton and Joanna McNary, relating to the purchase of 0.013 acres of A land for the expansion of U,S. Highway 77 (Parcel 49); authorizing the expenditure of funds /i• , therefore; and providing an effe-L've date, The following ordinance was considered: I- City of Denton City Council Minutes May 18, 1999 Page 13 NO. 99-172 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND JOANNA MCNARY RELATING TO THE PURCHASE OF 0.013 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 49); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Durrance seconded to approve the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye", Motion carried unanimously. 21. The Council considered adoption of an ordinance approving a real estate contract between the City of Denton and W.C. Orr, III, Gena Orr Wilks, Dorothy Orr Stoval, Robert Edmond Orr, individually and as independent executor of the Estate of Walter E. Orr, Sharon Orr Duncan, and Connie Griffith, relating to the purchase of 1.370 acres of land for the expansion of U.S. Highway 77 (Parcel 40); authorizing the expenditure of funds therefore; and providing an effective date. The item was pulled from the agenda. l 22. The Council considered adoption of an ordinance of the City of Denton, Texas prohibiting parking on College Street from Elm Street to Locust Street and the north side of College Street from Bell Avenue to Frame Street; on the north side of East Congress Street from Locust Street to Oakland Street; on the north side of Egan Street from Colt Street to Bolivar Street; on the east side of the alley between Elm Street and Bolivar Street from Third Street to Second Street; on the north side of Ferguson Street from Elm Street to Locust Street; on the alley between Elm Street and Locust Street from Parkway Street to McKinney Street; on the north side of Maple Street from Elm Street to Locust Street; on the east side of Oakland Street from Texas Street to With-rs Street; on Pirtle Street from Vine Street to Frame Street; on the south side of Sawyer Street from North Locust Street to Oakland Street; on the south side of Second Street from Bolivar Street to Locust Street; on Third Street from Bolivar Street to Elm Street and the north side of Third Street from Austin Street to Oakland Street; providing a savings clause; providing a severabitity clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. This item was considered with Item#23. 13. The Council considered adoption of an ordinance of the City of Denton, Texas , prohibiting parking on the west side of Bolivar Street from E. University Drive to Pearl Street; A on the east side of Austin Street from Oakland Street to E, Parkway Street; on Frame Street from Grove Street to Schmitz Street and on the east side of Frame Street from Scbmitz Street to Mingo Road; on the south side of Schmitz Street from Bell Avenue to Mingo Road; on the west side of Vine Street from Grove Street to Texas Street, the east side of Vine Street from Grove Street to College Street arui the east side of Vine Street from Texas Street to Withers Street; on Withers Street from Oakland Street to Mingo Road; repealing the angle parking designation on the south side of Oakland Street from Austin Street to 160 feet cast of Austin ' t t City of Denton City Council Minutes May 18, 1999 Page 14 Street; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. Council Member Cochran asked for some clarification regarding the repealing of the angle parking designation on the south side of Oakland Street from Austin Street to 160 feet east of Austin Street. Deputy City Manager Rick Svehla stated that the City did not need it designated as angle parking because it was private property and the City should not be regulating it. Council Member Cochran asked if the parking across the street from the shops on Oakland was TWU parking, Svehla stated they were 11ty streets but there was an existing ordinance that gave the contro!of parking on that particular section of Oakland to TWU. Council Member Cochran stated that some of the people from the shops had to purchase a parking permit from TWU to park there since the angle parking was going to be difficult for the property owners to enforce. He asked if staff could talk with TWU about lowering the cost of parking permits on public streets. Ile pointed out that TWU employees received a discount on their parking permits. The following ordinances were considered, N0. 99.173 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON COLLEGE STREET FROM ELM STREET TO LOCUST STREET AND THE NORTH SIDE OF COLLEGE STREET FROM BELL AVENUE TO FRAME STREET; ON THE NORTH SIDE OF EAST CONGRESS STREET FROM LOCUST STREET TO OAKLAND STREET; ON THE NORTH SIDE OF EGAN STREET FROM COLT STREET TO BOLIVAR STREET; ON THE EAST SIDE OF THE ALLEY BETWEEN ELM STREET AND BOLIVAR STREET FROM THIRD STREET TO SECOND STREET; ON THE NORTH SIDE OF FERGUSON STREET FROM ELM STREET TO LOCUST STREET; ON THE ALLEY BETWEEN ELM STREET AND LOCUST STREET FROM PARKWAY STREET TO MCKINNEY STREET; ON THE NORTH SIDE OF MAPLE STREET FROM ELM STREET TO LOCUST STREET; ON THE FAST SIDE OF OAKLAND STREET FROM TEXAS STREET TO WITHERS STREET; ON PIRTLE STREET FROM VINE STREET TO FRAME STREET; ON THE SOUTH SIDE OF SAWYER STREET FROM NORTH LOCUST STREET TO OAKLAND STREET; ON THE SOUTH SIDE OF SECOND STREET FROM BOLIVAR STREET TO LOCUST STREET; ON THIRD STREET FROM BOLIVAR STREET TO ELM STREET AND THE NORTH SIDE OF THIRD STREET FROM AUSTIN STREET TO OAKLAND STREET; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLL ARS; AND DECLARING AN EFFECTIVE DATE. t, 1 i r City of Denton City Council Minutes May 18, 1999 Page 15 NO. 99-174 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON THE WEST SIDE OF BOLIVAR STREET FROM E. UNIVERSITY DRIVE TO PEARL STREET; ON THE EAST SIDE OF AUSTIN STREET FROM OAKLAND STREET TO E. PARKWAY STREET; ON FRAME STREET FROM GROVE STREET TO SCHMITZ STREET AND ON THE EAST SIDE OF FRAME STREET FROM SCHMITZ STREET TO MINGO ROAD; ON THE SOUTH SIDE OF SCHMITZ STREET FROM BELL AVENUE TO MINGO ROAD; ON THE WEST SIDE OF VINE STREET FROM GROVE STREET TO TEXAS STREET, THE EAST SIDE OF VINE STREET FROM GROVE STREET TO COLLEGE STREET AND THE EAST SIDE OF VINE STREET FROM TEXAS STREET TO WITHERS STREET; ON WITHERS STREET FROM OAKLAND STREET TO MINGO ROAD; REPEALING THE ANGLE PARKING DESIGNATION ON THE SOUTH SIDE OF OAKLAND STREET FROM AUSTIN STREET TO 160 FEET EAST OF AUSTIN STREET; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Cochran seconded to approve the ordinances. On roil vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye", Motion carried unanimously. 24. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for professional legal services with the law firm of Haythe & Curley, New York, New York, pertaining to federal tax issues reladng to the sale, assignment, or other divestiture of all or a portion of the electric utility assets of the j City of Denton, Texas; authorizing the expenditure of funds therefor; providing for retroactive effect of the agreement; and providing an effective date. Sharon Mays, Director of Electric Utilities, stated that this was the attorney for legal advice required regarding tax issues relative to the sale. The loltowing ordinance was considered: NO. 99-175 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF HAYTHE & CURLEY, NEW YORK, NEW YORK, PERTAINING TO FEDERAL TAX ISSUES RELATING TO (j`.� THE SALE, ASSIGNMENT, OR OTHER DIVESTITURE OF ALL OR A PORTION OF THE ELECTRIC UTILITY ASSETS OF THE CITY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. t City of Denton City Council Minutes May 18, 1999 a Page 16 Durrance motioned, Burroughs seconded ip approve the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Li.-ranee "aye", Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion carried 6.1. 25, The Council considered appointments to a special Citizens Ad.isoty Committee to study capital improvement needs for projects to be included in a January 2000 bond election. Councd T[emher Durrance nominated Elizabeth Zack, Penny Abbott, Cccile Carson, and Linda Weinguard. 26. The Council considered nominations and appointments to the City's Boards and Commissions. Mayor Miller nominated Joe Beodzick to the Board of Adjustment. Beasley motioned, Durrance seconded to suspend the rules. On roll vote, Beasley "aye', Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. The Council vott-I on Joe Bendzick as a regular member to the Board of Adjustment. On roil t vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. i 27. The Council considered a motion to authorize the holding of a City Council meeting outside of City Hall on May 31 and May 21, 1999 at the Marriott Solana, Education Center, located at S Village Circle in Westlake,Texas, to hold the City Council Annual Planning Session. Young motioned, Beasley seconded to hold a oi. amity Comcil Annual Planning Session on May 21 and May 22, 1999 at the Marriott Solana, Education Center, Ixated at 5 Village Circle in Westlake, Texas, to hold the City Council Annual Planning Session. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 28. Miscellaneous matters from the City Manager. City Manager Jez reminded the Council to pick up their Comprehensive Plan books after the meeting. 29. New Business , r The following items of New Business were suggested ty Council for future agendas: $ !A' Council Member Cochran stated that three cases with a new type of usage had come to Council within the last month and expressed a concern with trying to fit +Jte student housing concept into the ct:,tent zoiing ordinance. He would like an Item on the next agenda to consider a moratorit:m on new student housing until the Council could have time to evaluate the parking requirements and other aspects of this type of use, l F5 i ti City of Denton City Council Minute-t May 18, 1999 e Page i7 Council Member Kristoferson stated that Mildred Hawk had found historic iron bridges that might possibly work at Fred Moore park. She asked that staff look at the possibility of using Lalur funds for this. City Manager Jez asked Council Member Cochran If he wanted the moratorium on school housing on a wurk session or regular session. Cochran stated he would like it to move forward as quickly as possible, perhaps a work session and then a special called session. i 30. There was no continuation of Closed Meeting under Sections 551.071-551.085 of the Texas Open Meetings Act. 31. There was no official action on Closed Meeting item) under Sections 551.071-551.085 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 8:25 p.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JJ 1 JANE RICHARDSON I ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS fly � # ltF` CITY OF DENTON CITY COUNCIL MINUTES May 25, 1999 Af;er determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, May 25, 1999 at 5:15 p.m. in the Council Work Session Room at City Hall. PRESFNT: Mayor Miller, Mayor Pro Tem Beasley, Council Members Burroughs, Cochran, Durrance, Kristoferson, and Young. ABSENT: None 1. The Council considered the following in Closed Meeting: A. Consultation with Attorney - Under TEX. GOVT. CODE Sec. 551.071. The Council discussed and consulted with the City's attorney, including outside legal counsel, litigation styled City of Denton v. Denton County Fresh Water Supply District No. 1A and Denton County Fresh Water Supply District No. 5, Cause No. 99-40158-362, filed in the 362' District Court of Denton County, Texas, including strategy and possible settlement negotiations, B. Conference with Employees - Under TEX. GOV'f. CODE Sec. 551.075. The Council received information from employees during a staff conference or briefing, but did not deliberate during the conference. C. Deliberations regarding Real Property - Under 'I'F.X. GOV'T. CODE Sec. 551.072; and Consultation with Attorney - Under TEX. GOVT. CODE Sec. 351.071. 1. The Council discussed and gave staff direction regarding an ordinance authorizing the City Manager to execute an assignment of a real estate contract to the City of Denton from R. D. Smith, Trustee, relating to the purchase of 6.174 acres of land for use by the utility department for future expansion needs of Solid Waste and Water. Special Called Meeting of the City of Denton City Council on Tuesday, May 25, 1999 at 6:00 ;, ,a. in the Council Chambers at City Hall. 1. The Council held a public hearing and considered adopting an ordinance annexing a $1.49 acre tract located on the south side of Ryan Road, one hundred and fifty (150) feet east of Forestridge Drive; approving a service plan for the annexed property; establishing a Single- family 16 (SF-16) zoning district on the northern twenty-one (20,98) acres and a Single-family I 10 (SF-10) zoning district on the remaining thirty-one and a half(31.51) acres of the annexed property; providing a severability clause and providing for an effective date, Second reading i of ordinance, A-79. (The Planning and Zoning Commission recommended approval.) Mark Donaldson, Assistant Director of Planning, stated the property was located south on A. Ryan Road, between Teasley Lane and Country Club Road. Ile stated the annexation and r zoning was combined into one ordinance. There were two zoning districts: single family with 16,000 square fool minimum lot sizes was to the north (approximately 21 acres) and single family with 10,000 square foot minimum lot sizes was to the south (approximately 31 acres). The Planning and Zoning Commission approved a preliminary plat. A total of 129 single- family lo,s would be approved. t, City of Denton City Council Minutes May 25, 1999 Page 2 The bfayor opened the public hearing. No one spoke in support or opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 99-176 AN ORLiNANCE OF THE CITY OF DENTON. TEXAS, ANNEXINCI .12.49 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED ON THE SOUTH SIDE OF R1 AN ROAD, APPROXIMATELY ONE HUNDRED FIFTY (150) FEET EAST OF FORESTRIDGE DRIVE IN THE COUNTY OF DENTON, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PLACING THE PROPERTY IN A PERMANENT SINGLE-FAMILY 16 (SF-16) ZONING DISTRICT ON 20.98 ACRES AND SINGLE-FAMILY 10 (SF-10) ON 31.51 ACRES; PROVIDING A SEVERABILIfY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. (A-791Z-98-058) Cochran motioned, Young seconded to approve the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye% and Mayor Miller "aye". Motion carried unanimously. 2. The Council held the first of two public hearings rg2rding the proposed volunary annexation of an approximately 2,746 acre tract of land located west of 1.35W, north of Crawford Road, and east of Florence Road. (Robson Communities, nc.) Dave Hill, Director of Planning, stated the property was expected to be part of a Planned Development application for a senior retirement community. Ile stated an In(crlocal Agreement with the Town of Northlake was pending which would assign the Robson tract to Denton. If the Interlocal Agreement was signed, staff recommended withdrawing the involuntary annexation proposed for the area within the Denton ETJ and proceed with the process for the voluntary annexation. f The Mayor opened the public hearing. No one spoke in support or opposition. The Mayor closed the public hearing, ( i The Mayor stated the second public hearing would be on June 1. i R f City of Denton City Council Mi,artes r May 25, 1999 Page 3 3, The Council considered adoption of three ordinances annexing three tracts of land located in the southwestern section of the City of Denton extraterritorial ,srisdiction, amounting to approximately 2,549 acres of land. Second reading. a. Track 02 (A-80): approximately 1,952 acres of land located at the southwestern edge of the City of Demon's extraterritorial jurisdiction, between Crawford acid Lively Roads, approximately 5,800 feet west from 1.35W, and east from Florence Road. (Robson property) b. Tract #2 (A-81): approximately 125 acres of land, 1,000 feet in width extending north from Crawford Road, and extending to the west approximately 5,800 feet from 1-35W. (Millwood property) C, Trati 83 (A-82): approximately 472 acres of land, located between 1.35W and U.S. 377, north of Crawford Road, and south of Alred Road, (Huffines property) Dave Hill, Director of Planning, stated staff recommended postponement of any action until June 1 in order for staff to get more information for the Council before making a decision. The following individuals spoke on the issue: Kevin Brown, 615 Valley View, Argyle, 76226, spoke in support of the annexation but expressed concern on the infrastnreture. Ile sated that some of the citizens of Argyle would like the Council to urge the developer to talk with the citizens of Argyle about the development, as they had been very vague about everything to date, Quentin Barnett, 300 Oregon Trail, Argyle, 76226, stated he was the Superintendent of Schools in Argyle. He spoke in support of the annexation but requested the Counci', remind the developer that school sites be considered part of the infrastructure. He stated they did not have any information on existing plans or future plans on the development In Argyle. He Mated there had been no communication from the developer since June of 1998. Curt Mader, 800 Skyline, Argyle, 76226, spoke in support of the annexation but stated that communication with the developer had been very poor, Tim Hamm, 730 Valley View, Argyle, 76226, spoke In support of the annexation but stated that the developer had made promises but had not carried through on the promises. Burroughs motioned to postpone the items until June 1 to allow for the conclusion of negotiations, Beasley seconded. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristeferson "aye", Young "aye", and Mayor Miller "aye", Motion carried unanimously. ( '' 4, The Council held a public hearing and considered adoption of three ordinances to temporarily designate three tracts of annexed land, amounting to approximately 2,549 acres, as Agricultural (A) Zoning district ctassifrcatlon and use designation; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; and providing for an effective date, Descriptions of the tracts affected Include: City of Denton City Council Minutes May 25, 1999 page 4 mately 1,952 acres of land located at the southwestern a, Tract 01 (A-80): approxi between edge of l a el its 800 en owest from 1-35W and and jurisdiction, from Florence Road, Robson property) approxim ) b, Er:.el A2 (A-81): approximately 125 acres of land, 1,000 feet in width extending north from Crawford Road, and extending to the west approximately 5,800 fees from 1.3SW. tltiliwood property) c, Tract N3 (A-82): approximately 472 acres of land, located between 1-35W and U.S 377, north of Crawford Road, and south of Aled Road. (Huffines property) Dave iS'Al, Director of Planning, stated the Council could hold the public hearing on the st ned because lama the temporary zoning, but could not act on the zoning when the annexation had been postponed that had not been aNdesid could not be would zoned- tart as a rr' of postponing° ionof these three agricultural zoning tanned development aP}+1'cation fairly soon. He ordinances until June 1, lie stated that for Tract kl, staff had been in contact with Robson Communities and they Intended to submit a p and stated that in the schedule for Tract N1, there were briefings sclxdui�t with the Planning tural an zoning I Zoning Commission for the planned devefopm�e lie stated application concept pla nfor the final I would a had been submtitted for Tract for'fra t 0- A P The Mayor opened the public hearing. No one spoke in support or opposition. The Mayor closed the U!rblie hearing, directed Krlstoferson motioned to postpone end continue the Public f hearing ylenCochra Secoonded. On staff w facilitate a meerng with the developer and the City of Argyle, roll vote, Beasley "aye"� Burroughs "aye", Cochran "aye", Durrance "aye", Kristofetson "aye", Young "aye", and Mayor Miller "aye". Holton carried unanimously. s, The Council considered appointments to a special Citizens Advisory Committee to study capital improvement needs for projects to be included in a January 2000 bond election. Council Member Durrance nominated Douglas Ebersole to the committee. 6. There was no offihlaction e t gs Act. Meeting 'stems held under Section 551.071- 551.085 of the Texa. open r At Special Called Meeting, the Council converted Into a Work i Following the completion of the Spec' ..� Session. item 4 was considered. I City of Denton City Council Minutes May 25 1999 a Page 5 4. The Council received a repon, held a discussion, and gave staff direction regarding placing time limits on various steps In the planned development process and potentially requiring re-zoning if such time limits expired. Herb Prouty, City Attorney, stated this would set time limits on the planned development process. lie stated that the Council could determine the time limit for each step of the PD process, including the filing and approval of the concept plan, development plan, detailed plan, and the application for a building permit and commencement of construction. lie stated that the new vested rights statute would need to be considered in the process. One option would be to declare a moratorium on planned developments and give instruction to staff. Terry Wigan stated setting expiration dates on antiquated PD's was not the best strategy. He stated the vested rights law had a 'Dormant Project" provision. Under that provision, the soonest expiration date, if a new expiration date were to be applied, would be five years from the anniversary of the statute's effective date. Morgan stated en.acting a moratorium would prohibit the submission of documents on planned developments until the Cc ncil could decide what to do with the underlying zoning. lie stated Council might want to consider changes to the planned development zoning along with other changes the Council might want to make to achieve consistency with the zoning map and the Comprehensive Plan when it was adopted. Morgan stated the Council could amend the ordinance to provide that upon the expiration of a detailed plan under existing regulations, the right to re-submit a plan would be subject to the Council's review and potential re-zoning of the land. Morgan stated he would not recommend the Council adopt the draft ordinance as presented. Council Member Burroughs suggested staff look at refining the draft ordinance and review a limited moratorium on aged PD's, five or ten years, lie also asked for a list of the old PD's. Morgan stated he could make recommendations on the time limits in the ordinance. The Council asked for this to be put on another work session. item 5 was considered. S. The Cuuncil received a report. held a discussion, and gave staff direction on the enactment of a moratorium to stay applicat'.ons for dormitories and other forms of multi-family housing that have three or more bedrooms per unit, or which lease bedrooms in a unit Individually. A Herb Prouty, City Attorney, stated that staff needed direction from the Council on a time limit , (�� and other specifics of the moratorium. After a iccgthy discussion on this item, Mayor Miller directed staff to prepare an ordinance on the moratorium and to define and clarify the situation on the type of housing to be included and specify a reasonable period of time. r I City of Denton City Council Minutes May 25, 1999 Page 6 1. The Council received a report, held a discussion, and gave instructions to staff regarding the draft Fry Street Small Area Plan, Dave Hill, Director of Planning, stated that this was a cumulative effort between city staff and members of the community, He stated the area stakeholders were identified as merchants, property owners, the University of North Texas, and the City of Denton. Eight public meetings were held with Fry Street area stakeholders, which was the general neighborhood. The major problem areas identified were: solid waste services, parking and traffic, social concerns and safely, property maintenance and community aesthetics. These areas were add•essed through a number of recommendations. Hill stated that some of the recommendations were to establish a public-private partnership for area improvements. This could be achieved through the creation of a Fry Street 7onirg District and a Fry Street Public Improvement District. Another recommendation was that the solid waste department install centralized solid waste facilities. Other recommendations included that City Engineering could develop a Traffic Improvement Plan for one-way design (Fry Street one way South and Avenue A one-way North and Mulberry one-way west) and eliminate all parking requirements. Mayor Miller directed staff to proceed with editing and bring back to the Council for final approval on June 15. f 2. The Council received a report, held a discussion, and gave staff direction regarding a proposed dance instruction program at Martin Luther King, Jr. Center. Ed Hodney, Director of Parks and Recreation, stated that the staff would like to implement the dance instucdon program proposed by Creative Expressions. fhe program could be implemented through private or neighborhood funding or through a fee-based instruction Contract. Mayor Miller directed staff to proceed with recommendation N2 - Implement the program through a fee-based instruction contract. 3. The Council held a discussion and gave staff direction regarding possible revisions to the 1999 Action Plan for/lousing and Community Development and the funding recommended for the Ihnton Affordable Housing Corporation, Barbara Ross, Administrator of Community Development, stated the 1999 Action Plan included over SI.7 million in various projects and programs. She stated that the Council ha l requested additional options regarding the funding that was recommended by the Community Development Advisory Committee to be provided to the Denton Affordable Housing Corporation as the City's only community development housing organization that was currently certified by both the City and the State of Texas. The first two options Involved reallocating the operating money either to the main progr,xrrt that was administered by the Denton Affordable Housing Corporation, a HOT program which was a purchase, renovate, and resale program,, or taking the operating funding ($20,000) that was t 1 1 City of Denton City Council Minutes May 25, 1999 Page 7 recommended and putting that into another HOME or CDSO funded activity. The third option was to set aside an amount In the At,•ion Plan as a CHDO set aside and a request for proposals could then be developed to determine if other :.wganizations were interested in participating the City's HOME program as a CHDO. The final option, which was recommended by staff, would be to approve the funding as recommended by the Community Development Advisory Committee and include additional public participation requirements in the contract with the Dew-n Affordable Housing Corporation. The following Individual spoke on ft Issue, Carol Lewis, 325 Kingfisher, Denton, 76201 - opposition to funding for DAHC Ma)or Stiller stated that he had speaker cards from the following Individuals regarding the item rsho did not wish to address the CoLncI]: Ken unit Sandy Turner, 3217 Oriole, Denton, 76201 - opposition to funding for DAHC Penni Abhott, 3224 Oriole Lane, Denton, 76201 - opposition to funding for DAHC Mason liaggard If, 504 Kingfisher Court, Denton, 76201 - opposition to funding for DAHC James Pagan, 3304 Woodthmsh, Denton, 76261 - opposition to funding for DAJIC Judy Patmen, 3505 Meadowlark, Denton, 76201 - opposition to funding for DAHC Stephens A. Camp, 3319 Oriole Lane, Denton, 76201 -opposition to funding for DAHC Elizabeth ragan, 3304 Woodthrush, Denton, 76201 - opposition to funding for DAHC Andy Joe Thomas, 3318 Meadowlark, Denton, 76201 - opposition to funding for DAHC Jill Owartney, 321 Mockingbird Lane, Denton, 76201 - opposition to funding for DAHC Neva Thomas, 3318 Meadowlark, Denton, 76201 -opposition to funding for DAHC ' After a lengthy discussion, t:a Council advised staff to revise the 1999 Action Plan relating to funding for DAHC and hold back $20,000 on the operational side and the granting of that $20,000 would be subject to them working out a substantial progress agreement with the City's building official as it related to the renovation and/or removal of the houses, With no further business, the meeting was adjourned at 10:55 p.m, JACK MILLER, MAYOR CITY OF DENTON, TEXAS Mir` JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS 4 CITY OF DENTON CITY COUNCIL MINUTES MAY 21-22, 1999 The Council convened Into the Annual Planning Session at 9:00 a.m, at the Marriott Solana, Education Center,S Village Circle, Westlake,Texas. I PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran,and Kristoferson ABSENT: Council Members Dun•wice and Young(Both members arrived during the moming discussion) 1. Mayor Miller indicated that a gaorum of the Council was present. 11. City Manager Jez stated that, at this time, the Comprehensive Plan was not a finished product. This would be a preliminary discussion to prepare the document for public participation and inspection, Ill. The Council received a report, held a discussion and gave staff direction on the draft comprehensive plan including, but not limited to,the following sections and major issues: 1. Thresholds 2. Schools 3. Land Use Chapters a. Housing& Residential Land Uses b. Commercial Land Uses C. Industrial Land Uses d. Civic &Institutional Land Uses e, Special District—City Core and Lake Ray Roberts 4. Recommended Land Use Plan 3. Maintenance& Enforcement G. Implementation Strategy 7. Major Issues a. Residential Density b. Residential Density— Aifordable Housing, manufactured housing, unktrsitylstudent housing,multi-family housing C. Annexation Strategy d. Floodplain Preservation: full or partial; dedication, purchase, mitigation transfer of development rights, parks dedication ordinance compliance e. Undeveloped land within compatible zoning f lnfill incentives t ' g. Tax base/land use balance l h. Other issues concerning the comprehensive plan i. Maintenance funding f 1 City of Denton City Council Minutes May 21.22, 1999 Page 2 }, Future direction 1. Development Code Rewrite — zoning code, subdivision regulations,CC/P&Z Review Reduction,budge ptoposal 2. CiP 3. Funding Implications Dave dill, Assistant City Manager for Development, presented the background information for each of the chapters and subchapters. Detailed information on each of these was presented in the agenda materials. Council and staff held discussions relative to the various chapters and subchapter. It was decided that an executive summary would be prepared for the public to review as the lengthy chapters were too detailed. A goal was to have at least one council member attend each of the public informational meetings. Council concerns regarding the proposed chapters were due to the Planning Department by June l st. Staff would wmpile those concerns for Council consideration at j a future work session and then prepare the document for public inspection. Staff needed Council clarification on maximum versu-average density and uses in planning. The Council reconvened into the Annual Planning Session on Saturday, May 22, 1994 at S:30 a.m. at the Marriott Solana Education Center,S Village Circle, Westlake,Texas. PRESENT: Mayor Miller, Mayor Pro Tern Beasley; Council Members Burroughs, Cochran,Durrance, and Kristoferson ABSENT: Council Member Young I, Council reviewed, discussed and gave staff direction regarding the 1998.1099 Targets and 2004 goals. The City Council reviewed their 2004 goals and identified 1998-1999 achievements related to each goal as follows: 1 i EMAL,; EFFELUIVE TRANSPORTATION SYSTEM FOR MOVING PEOPLE Mobility Plan: Approved • Ft. Worth Drive Widening: In progress • U.S.360 Widening: In progress ' NCTCOG study of 1.35F.: Initiated ' Pike lane from UNT to Downtown: Recommended ' RcgkwW Transit Study: City& County participating • County$9.3 Million Bond Issue. Approved GOALHALAN ED,OVALITY D E T E AND F.FFFCTI�`' Comprehensive Plan: In progress ' Landscape Ordinance, Revised • Impact Fees: Implemented • Extended Notice Area; Adopted • Growth Management Strategy: Adopted COAL: EXPAND TAX BASF AND JOB OPPORTUNITIES THROUGH ATTRACT NG QUALITY BUSINESSES AND NURTURING EXISTING DUSINMES • United Copper: Opened • Visits to existing businesses: Ongoing C0,1L: MAINTAINING OLiALITY BASIC SERVICES PROVIDED BY Ct pY • Salary increases for employees: Adopted • Strategic Plan for Fire: Adopted • Electric Utility Strategy: Adopted and Initiated • High Quality Services: Ongoing • New City Manager: Transitioned j ' NLC Diversity Award: Received ' flmergency Management Plan and Policy: Adopted • Information Services: Initiated M Response • Police and Fire Equipment; Approved and Purchased GO ,: PRESERVATION OF SA1A I TOWN FEELING • National Trust for Historic Preservation Main Str♦tit Award: Received • T'he Preserve Subdivision: Approved • 14y Street Area Plan: In prog:ess • Support for community events: Ongoing I OTIIER SIGNIFICANT ACIiIEVEMENTS; • Successful Legislative Lobbying Program ' Charter Revision Election ' Fresh Water Supply Districts Policy Direction 11. Council discussed and set the 1999-2000 Targets and gave staff Direction for action. The Council identified the following targets for 19992000: Targets In Progress ' Fiscal Year 2000 Budget • Electric Utility Strategy ' Robson Developc:cnt ' Comprehens!%c Plan ' Fry Street Area Plan ' Library Master Plan ' Peterbilt Tax Abatement Growth Policy Top Priority Targets • Development Code • Capital Improvement Bond Election • Annexation Action Plan ' Regional Transit Policy and Strategy high 11rlorily Targets ' Community Impact with Nigh Visibility Projects and Actions ' Citywide Parks Mister Plan ' Maintenance and Basic Service Levels ' Drainage and Stormwater Policy, Plans and projects • Economic Developmcnt Assessment and Direction Pending Targets A , • Infll Strategy l �' r ' Update City Facilities Plan ' Area Plans • r • M r f it i • Solid Waste(Recycling Direction • Citizen Participation Stategy • Courthouse Square Str!,egy and Action Plan ' Comprehensive Housing Attainability Strategy • Neighborhood Associations Policy and Action Plan ' Bile,fake and Walking Trail Plan • Shuttle Service—Universities to Downtown f • Compensation Policy Direction With no further business, the meeting was adjourned at 12;00 noon, JACK MILLER,MAYOR j CITY OF DENTON,TEXAS [JETTY WILLIAMS DEPUTY CITY SECRETARY CITY OF DENTON,TEXAS I i I i i I I I t r� nale�L2�� AGENDA INFORMATION SHEET AGENDA DATE- August 17, 1999 DEPARTMENT: City Manager's Office CM: Michael W. Jez,City Manage SUBJECT Consider a request for an Exception to the Noise Ordinance for an outdoor pool party at Texas Woman's University Outdoor Pool on September 2, 1999, hosted by the Chapter of Delta Sigma Theta Sorority, Inc., at Texas Woman's University from 10:00 p m. until Midnight. BACKGROUN I he Chapter of Delta Sigma Theta Sorority,Inc.,at Texas Woman's University is hosting a pool party at TWU Outdoor Pool. The event is a fu.tdraiser to raise funds for the chapter's mentoring program for teenage girls at risk. During the event, there will be a disc jockey providing music, The event is on September 2, 1999, from 8:00 P.M. to Midnight. As you know, the noise ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance,p.micularly after 10:00 pm. Monday through Saturday and anytime on Sunday (Attachment 3). The ordinance does, however,provide that the City Council may make exceptions whrn the public int:rest is served. The organizers have been informed that sh-,uld Council approve this request, responsible LSO of amplified sound is still required by Section 20.1 of the City of Denton Code of Ordinances. In particular,Section 20.1(x)states: 11 slall be unlawful for any person to make or cause any unreasonably loud, disturbing, unnecessary noise which causes or may cause material distress, 1r, d discomfort or injury to persons of ordinary sensibilities in the immediate vicinity t, thereof i t �� t> 1 � l The T WU Chapter of Delta Sigma Theta Sorority,Inc, f Outdoor Pool P-ity Noise Exception September 2, 1949 Page 2 PRIOR ACTIONIREVIEW (Council.Boards.Commissional None. FISCAL INFORMATION None. Respectfully Submitted: 1C i Rodney Mitchell Management As3istant JJ i i Attachments: 1. Request from Tamara Russell ' 2. Map of the area s. Noise Ordinance i 7 2 I I l;' I I i Delta Sigma Theta Sorority, hoc, A Public Service Organization R P.O. Boa 425007 Eta Delta Chapter Denton,Texas 76244 Texas Woman's University August 3, 1994 To the City of Denton: Delta Sigma Theta Sorority, Inc Is in organization based on community service, scholarship and sisterhood, The Chapter of Delta Sigma Theta at Tsxu Woman's University is sponsoring a f indrsiser on Thursday, September 2,1999 ftom g PM until 12 mtdnlght to raise fonds for our mentoring program for young teenage girls at risk. This funAraiser will be a pool party located at Tom Woman's University outdoor pool and to open to the public.Gemara)admission will be charged. Due io the feet that a disc Jockey will be present and music will played, we are asking for a noise ordinance wie.ver from 10 PM until 12 midnight. Thank you for your time and consideration In granting this request. if there are any questions or ooncerne please contact me at 940498.4232. r►cerety, , Tunas RVmeU Chapter President f 3 t c, i j CHAPEL Dr BEL11 k VE: ADMINISTRAT ON DR. SITE AP TENNIS COURTS Twu CAMPUS } mII Outdoor Poet ' r � 2 ADMIN STRATIO r CENTER 0.1.3, ENGINEERING & TRANSPORTATION DEPT. • CITY OF DENTON TX. MAPSCALE IS is = 200 F i, C11,1pler 20 NUISANCES' Art. I. In r.tencrai, 1120.1-20-30 Ar,, 1I, Abandoned Property, 11 20.31-20.70 Div. I. Ocnernoy, Ii 7931-7040 Div 2. Mntor Vehicle4i, i1 30.11-20.70 Art. III. Crap and Weeds, 1120,71-20-73 ARTICLE I. IN GENERAL Sec. 20.1. Noire. (al It shall be unlawful for any person to make or cause any unreasonably loud, disturbing, unnecessary noire which causer or may cause material distress, discomfort or Injury to persona of crdinary sensibilities in the Immediate vicinity thereof (b) It shall be unlawful for any poison to make or awe any noise of such character. Intensity and continued duration as to substantially Interfere with thecomfortable enjoyment of private homes by potions of ordinary sensibilities. (c) The following acts,among others,its declared to be swiss nuisances In violation of this Code, but such onumerstlon shell not be deemed to Iw exclusive: (1) The playing of any phonograph, television, radio or any musical instrument in such manner or with such volume,particularly between the hours cf t0A0 p.m. and 700 a.m., so to annoy or disturb the quiet, comfort or repose of persona of ordinary i sensibilitise In any dwelling,hotel or other type or residence; II 121 The use of any stationary loudspeaker, amplifier or musical Instrument In such manner or with ouch volume se to annoy or disturb persons of ordinary sensibilities In the Immediate vklnity l6ereof, particularly between 1IN hours of 10:00 p m. and 1 7.00 a,m.,or the operatlan of such loudspeaker, amplifler or musical instrument at nary Hasse on SWW*y; Pt's, however, that the city council may make exceptions upon opptlation when the public Interest will be served thereby; 131 TM blowing of any slant whistle attached to any stationary boiler or the blowing of any ether laud or far.reaching steam whistle within the city limits, except to give nodes of the lima to begin or atop work or u a warning of danger, (4) The erection, a tsvotien, demolition, alteration, at repair work on any building at anytime other than between the hours of 6:00 a.m. and 0:30 p.m. Monday through t'riday from June I to September 30; between 7:00 a.m. and 8:30 p.m. Monday + through Frldsy from October I to May 31; between 0:00 cm, and 840 pm. on 'Croce referaseee—Proioeted migratory bird roosts declared nulsence, 1 0.81; Inspec• lion and abatement wsrranls, 1 18.06 It seq.; insect and rodent con" In mobila home and recreational vehicle park,, 1 31.01, evrr ace. 0 1380 5 t i r i t 20.1 UENTON CODE Saturday; and between 1.00;oi.and 5 30p m on Sunday;provided,however that the city council may I+sue special permits for such work at other hours In ease or urgent necessity and in the Interest of pubiic safety and convenience, 151 The creation or nny loud and excessive noise in connection with the loading or unloading of nny vehicle or the opening or destruction of bates, boxes, crates or containers; (6) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noises to any performance, show, theatre, motion picture house, eels of merchandise or display which causes crowds or people to block or congregate upon the sidewalks or streets near or adjacent thereto. (Code 1968, 11 11.20, 11.21;Ord. No. 96.161, 1 I,9.12.96) Cross reference—Mlma) noise, 16-20. Sec. 20.9. Odors. (a) It elhali be unlawful for any person to create or cause any unreasonably noxious, unpleasant or Won# odor which causes material distress, dixomfort or Injury to persons or ordinary sensibilities In the immediate vicinity thereon. (b) It shall be unlawful for any person to create or cause any odor,stench or smell or such character, strength or continued duration as to substantially Interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. (c) The following scu or condition. among others,are declared to be odor nuisances In violation on this Coda, but Ouch enumeration shall not be deemed to be exclusive: (l) Offensive odors from tow lots, hog pone, fowl coop and other similar places where animals are kept or fed which disturb the comfort and sepose of pemns or ordinary sensibilities; (7) Offensive scion from privies and other similar plaesO; (7) Olhnslw edors gran the sea oe posawsion at ehemieals at ham industrial processes or activities which disturb the eomfort and repass of persons of ordiaery sensibilities; (1) Offensive odors from intake from the burning of trash,rubbish,rubber,chemical$or cow things or substanta; (5) ONWW" adore moat stagnant pooh allowed to remain on any promka or from rsturt5 prbap,refuse,offal or dead a.Imalrt on any prembm. tCoda 195$, 11 11.22, 11.25) Sae, 20.3. Oarbsp,truh reed rubbish sulaeos' UtI 11111A (a) SforMq of Aeepiq fdfbW,traA and wbR A.TM star*or ksspin f of any and slI , stacks, Maps or pil" or OR lumber, refuse, Junk, old ran or meeMnery or part.) Uwrsof, garbage,Crab,ru",scrap matsrlal,ruins,demolished or parUy denwil" struttura or butldings, plies or stones,bride or broken yaks on any pesaim bordering any publk street aON, Ka g 1390 6 i 1% AGENDA INFORMATION SHEET Apflbk Af�A61 llyltl 9.2 , & AGENDA DATE: August 17, 1999 DEPARTMENT: Fiscal&Municipal Servicesrfax ACM: Kathy Du Bo se,Assistant City Manager of Fiscal and Municipal Services ' SUBJEC'�; Consider approval of a tax refund to Stcven and Susan Alspach for$1,231.56. The 1998 taxes were paid twice,resulting In an overpayment. BACKGROUND: Chapter 3 1.1 l of the Texas Propc:ty Tax Code requires the approval of the governing body,)f the taxhig unit for refunds in excess of S500.00. The 1998 property taxes were paid twice In error,once on January 28, 1999 and again on February 12, IM, resulting In an overpayment of$1,231.56. All documentation necessary for refund is attached. FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by$1,231.56. Respectfully submitted: Director of Fiscal Operations Prepared by: Caro ene olse Revenue& Tax Analyst L i APPLICATION FOR TAX REFUND V,7 name W W O&KirQ 017 DENTON TAX OFFICE CITY OF DENT014 +1 ra sr r 6 1 E, HICKORY SUITE F a DENTON TX 76205 940 349-8318 To apply for tax refund, the taxpayer must complete the fol,owing, r MW Step 1: Steven & Susan Als ach sti owner's name 1601 N Elm « am and address Denton Texas 76201.3090 Step 2: Lead description(or attach spy of he tax bill or ter rsalpti: Dental specialty Clink Addn, Block 1,tot t (N PT Describe the property Address or location of property. 1601 N.Elm Street _ Aocount number or properly: To rscelpt numbv 179322 OR 9810140001 N" rear ow 44MA Affmvx Or raxkq Unll from Whk/r f or vmdr RrA,M Or 11e d a to Raw AA o Requxed 4 RpuW%d Ta FrOMA pa4 It"l d Slop 1 1. C*of Dan 1998 1128ffl9 AAA11(.99 Give the tax 2,Gipt_ Anton 1998 2(1M tL- 4.231.69 f 1231 66 payment 3. nformatbn 4. 5. Taxpayer's reason for refund(attach supporting docummilaticn): Check 11179609 was sent In tof 1996 taxes which paid them in full then on 2112M ok 03375 was recsNed for 1 L2311.56 whO caused an oveMayment. 'I hereby aooty for eN rohwa a ne above-desalbsa taxes and orrery eyt s e Inlamaaon t have ewers on e,4 form)s sue and Step 4: ca es to ne best Of and omen.• va opp x ronu Sign the form sign '2,2Z 99 hero Any person who makes s(else entry upon the foregoing record shell be subled to one of the fallowing penalli 1, Imprisonment of not more that the 10 years nor less Men 2 years and'of a fine of not more then$5,000 or both i ouch fine and imprisonment:2.Confinement In Jell for a term up to 1 year of a fine to exceed$2,000 or both such fine and Imprisonment as set forth in Section 31.10, Penal Code. �f (� A, l Stop 5: This tax refund is: l—l�Approved L�Disapproved r 1 MOnr 0' of orb Tax ig u x refund n ate here determination MeMing oar)of taxing un I 1 ie*W aapp lT,Tons awn I No UAW— sign a. here i c c REPORT TAX60BDA 07/11/66 At W41 0 V a A A Y M 9 N T 6 PACE 10 ACCOUNT NO. R(CEIPf NO. NAMI ADDA(SS AMOUNT STATUS Of PAYMENT 0_30010800000 6`6/101 1 y3.0030 TNpYYLOR JISSII IaI 1SIERRA DA 79.47 OVERPAY 8.'B' 8D8° 118/10!1;•00 AT1 MN�MR .LA 8 113X AY t1 AV !1 AY l j8 ! pp 0n r� 1� VR AY °es io8o 8 ii ! �- 3 ' iii b�2'o31i PvV td '. Iry IIPAY 03131000000 66/10117.0077 NAVIN 9AVC1 { ASSOCIATION KENNARD 67 0.33 OVIAPAY 17061100000 66!10/13.003• ATA1440N, 030001 M OAA 10RRS 6T CA 12.60 OVERPAY 17031300000 90/10111.0^01 ALS►ACA STIVIN R 4 S4USAN N ILI Sf 1,231 60 OVINPAY C x0600 00g 1101 e OYIIN 0}Y L �N 3 !t I I o , A�eigb b iiit il� b tAi[p6 �Illi�i� € " ` �i f�1,. ,,lcw , Al H 1110 L� 00601000000 66/1D/11.00:3 SI'AP11A JANE Y EMERSON LN 364.46 OVERPAY 07(11700000 60/10/11.0017 ASN0030S eOlmy R STONIOAII ON 40.00 OVINPAY 11134At00000 6!6110/f/•0016 111101 CbAP N LOCUST 00 6 36.13 OVIAPAY 0E311y 30/40 6 jjQ !!!����/ j4/ N 0+[01{ A S TV R1 118711 r f , IA 170/5000 �l J[ON c Df NTEN � k �., 1 II'At U(44I00000 t1/10/11.0 ! MIL A Y, ►If A I PI MIY ORION 6V Oii 1{ V R/lY 61111'700^^0 69/10/11.0 3 YANNiT INPCAYAI ON CORD VANIOUS 3.00 OVIA►AY }0731400000 to/10/L4.0all M[AX1, DON foot WORTH DR 760.43 M ANNY I�I�'i31=S8488# "i 4! '1111 I'llp"taw 1i 330888$888 =til /1i 3`� I�t1 4�:1� B"vv' � 03713100000 It/10/11.0036 SPRAWL11, JAN 0 $CNM: 3 AV 30.00 OV`(APAY I{77310000o 119/10/ 4 40*7 BLOOM, MICNAIL A bill ARSST OA 0./o OVIA FIY ' I1f00/o0000 N/10/11.0040 DODOI {CAN DIVISION DINION 3.10 10 404Y 03 a / t p A: 1 r T k 6A R p1�0 17r . 111i 83 8g /i8! 8 MA II Il1Y si 9Tfin INa 01"104§; 8 $ 11 iS% � �� L+ Il '' �N i 03336100006 1111110a/1/.0040 SALAIAR. ILIUO S { ILISA CARDINAL 3R 319.17 OVERPAY 07133]00000 33%10%1'•000 SAOE041*14.A KMOSRO'r N NOUN L16 �I►A j,�1 8�11'IIAY 883s3:88888 :.i18f� 088; i•ok'r9#3 +3eo " 4 $"8v Rs;i TOTAL Of OVIRPAYYINTI O.OD t t, (1 AGENDA INFORMATION SHEET AGENDA DATEt August 17, 1999 QuesdA acqulsition may be directed DEPARTMENTt Purchasing to Jerry Clark 349-8390 ACM: Kathy DoBose,Fiscal and Municipal Services I SUBJECTI AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF WATERLINES; PROVIDING FOR THE EXPr.ND1TURE OF FUNDS THEREFOR; AND PROVIDING AN El'FECTIVE DATE (BID 2386 — SANDPIPER AND WESTCHESTER WATERLINE AWARDED 10 OSCAR RENDA CONTRACTING,INC. IN THE AMOUNT OF $337,633). BACKGROUND: I (Ste attached Tabulation Sheet) RM MMFNDATIONt We recommend this bid be awarded to the lowest bidder, Oscar Reoda Contracting, Inc, in the amount of 5331,633, ESTI,,MATED SCHEDU— '. (IF PROJECTt This project Is estimated to require 30 workdays on Sandpiper and 45 workdays on Westchester, both projects should be completed by the last week in September 1999. KCAL INFORMATION: These projects will be funded from Water and Sewer Revenue Bond account (620.081.0461• / 8906-9114). DID INFORMATION: Ihis bid Is for the construction of approximately 1,841 feet of 8-Inch waterline along Sandpiper from the intersection with Abbott Lane/Skylark, east to the culdasac on Sandpiper and the Installation of approximately 3,041 feet of 8'inch waterline along Emery/1 restchesttr and Cordell from the Intersection with Ector east to.Malone, Respectfully submitted: Tom Shaw,C,P•M.,349.7100 1 6 IN Purchasing Agent 1' Attachment i;Tabulation Sheet 1244 AGENDA 0 c i I I i ATTACHMENTS TABULATION SHEET ' Bid 2 Date: 7120199 SANDPIPER AND WESTCHESTER WATERLINES 0! . DESCRIPTION VENDOR VENDOR VENDOR K OSCAR RENDA JAGOE PUBLIC r0 CONTRACTING, PIPE CON, INC. INC. COMPANY SANDPIPER 8"WATERLINE $118,828,00 $127,249.85 $101,638.90 WESTCHESTER 8"WATERLINE $218,826.00 $320,8X15 $249,072.50 TOTAL $337,653.00 $448,089.00 $351,611.40 ADDENDUM YES YES YES 4� r I I l y I t r ORDINANCE N0. .,_ AN ORDNANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT" FOR THE CONSTRUCTION OF WATERLINES; PROVIDING FOR THE EXPENDITUF.L OF FUNDS THEREFOR;AND PROVIDING AN EFFECTIVE DATE(BIG 2386 — SANDPIPER AND WESTCHESTER WATERLINE AWARDED TO OSCAR RENDA CONTRACTING, INC. IN THE AMOUNT OF $337,653). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and, WHEREAS,the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS- SECTION I. That the following competitive bids for the construction of public works or improvements,as described In the "Bid Invitations", "Bid Proposals" or plans and specifications on file In the Ofrtce of the City's Purchasmg Agent filed according to the bid number assigned hercto, are hereby accepted and approved as being the lowest responsible bide BID NUMBER CONTRACTOR 04\d0UN7 2386 OSCAR RENDA CONTRACTING, INC, $337,653 SECTION it. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified In the Notice to Bidders Including the timely execution of a written contract znd furnishing of performance and payment bonds, and Insurance certificate after notification of the award of the bid. SECTION 111, That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the cotstruction of the public works or Improvements in accordance r with the bids accepted and approved herein, provided that such contracts are made in accordance A,' with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, l conditions, plans and specifications, standards,quantities and specified sums contained therein. 6 I SECTION IV. Thal upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and Improvements as authorized herein,the City Council hereby authorizes the expenditure of funds In the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto, SECTION V, That this o;dinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,1999 JACK MILLER, MAYOR I ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:_ I APPROVED AS TO LEOAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:_ BID 13 66-CONTRACTUAL ORDINANCE Jai i i t, t AGENDA INFORNIATION SHEET Wands Item ( / Iota_ AGENDADATEt August 17, 194 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing 11 to Jerry Clark 349-8390 ACNIt Kathy Du Bose, Fiscal and Municipal Services �Y { SUBJECT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF HICKORY CREEK SANITARY SEWERLINE i CROSSINGS PHASE 11; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2387 — HICKORY CREEK SANITARY SEWERLINE CROSSINGS AWARDED TO OSCAR RENDA CONTRACTING, INC. IN THE AMOUNT OF $549,115.30), BACKGROUND: (Sue attached Tabulation Sheet) RECOMM_ EENDATIONt We recommend this bid be awarded to the lowest bidder,Oscar Rand& Contracting,Inc, in the amount of SSJ9,115,50. ESTIMATED SCHEDULED PROJECT: Completion of the sanitary sewerline crossings on Hickory Creek is estimated to take 80 workdays from receipt of a purchase order,or approximately the second week in December 1999. FISCAL INFORMATIONs The first three of thls series of sanitary sewerline crossings of Hickory Creek (base bid) will be funded from Water and Sewer Bond fund(675.082.0471-V912.9138). The other two crossings will be funded from surplus budget funds to be determined after September 1, 1999. BID INf ORMATIONt This bid is for a series of sanitary sewer)ine crossings of Hickory Creek, The base bid Is for three crossings and the alternate Is for two additional crossing. The crossings consist of installing approximately 419 feet of a 16-inch and approximately $36 feet of 30-inch steel, epoxy lined pipe, assoclated excavation, reinforcing piers, concrete manholes, gablon stone erosion control, hydromulch and removal of abandoned sewerlines. The project location is along Hobson Lane bemcen Pennsylvania Drive and Lillian Miller Parkway, The project must be under construction prior to September 15, 1999 or 4, the permit Issued by the Federal Oovemment expires. �I __ I p J'nCa H4,��k AGENDA INFORMATION SHEET 1400 ttam� ( AGENDA DATE: August 17, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing to Jerry Clark 349.8390 ACM: Kathy DuBose,Fiscal and Municipal Services �• SUWECTr AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CON'rRACT FOR rHE CONSTRUCTION OF HICKORY CREEK SANITARY SEWERLINE CROSSINGS PHASE 11; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2381 — HICKORY CREEK SANITARY SEWERLINE j CROSSINGS AWARDED TO OSCAR RENDA CONTRACTING, INC. IN THE AMOUNT OF 5549,115.50). BACKGROUND: (See attached Tabulation Sheet) RECOMMENDATION: We recommend thin bid be awarded to the lowest bidder,Oscar Renda Contracting, Inc. in the amount of $549,115.50. ESTIMATED SCHEDULE OF PRO tC'[i Completion of the sanitary sewerline crossings on Hickory Creek is estimated to take 80 workdays from receipt of a put:base order,or approximately the second week in December 1999, FISCAL INFORMATION6 The first three of this series of sanitary sewertine crossings of Hickory Creek (base bid) will be funded from Water and Sewer Bond fund (67S-082.0471•V912.9138), The other two crossings will be funded from surplus budget funds to be determined after September I, 1999, BID INFOILMATIONt This bid is for a series of sanitary sewMine crossings of Hickory Creek. The bate bid is for three crossings and the alternate is for two additional crossing. The crossings consist of installing approximately 419 feet of a 16-inch and approximately 536 feet of 30-Inch steel, epoxy lined pipe, associated excavation, reinforcing piers, concrete manholes, gablon stone erosion control, hySromulch and removal of abardoned sewcrlines. The project location Is along Hobson Lane bemeen Pennsylvania Drive and Lillian Miller Parkway.The project must be under construction prior to September IS, 1999 or A the permit issued by the Federal Government expires. r l/ `" I I I I AGENDA INFORMATION SHEET AUGUST 17, 1999 PAGE 2 OF 2 Respectfully submitted: Tom Shaw,C.P.M., 349.7100 Purchasing Agent Attachment I:Tabulation Sheet 1244 AGENDA x i i l U V` I I� V ORDINANCE N0. R AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF HICKORY CREEK SANITARY SEWERLINE CROSSINGS PHASE 11; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2387 — HICKORY CREEK SANITARY SEWERLINE CROSSINGS AWARDED TO OSCAR RENDA CONTRACTING,INC, IN THE AMOUNT OF 5549,1 15.50). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS,the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bld invitation, bid proposals and plans and specifications therein; NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, SECTION 1. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on { file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest rasp onsible bids: BID N 1MB R CONTRACTOR AMOUNT 2587 OSCAR RENDA CONTRACTING,INC. $549,113,50 SECTION Il• That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such Public works or Improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders Including the timely execution of a written contract and famishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 1Ih That the City Manager Is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance �+ with the Notice to Bidden and Bid Proposals, and documents relating thereto s j Al' conditions,plans and specifications,standards, quantities and specified sums contained therein, f! I ATTACHMENT 1 i I TABULATION SHEET { old # 2387 Date: 7120/99 HICKORY CREEK SEWERLINE CROSSINGS NO. I Qty. I DESCRIPTION VENDOR VENOOr VENDOR OSCAR RENDA CONTRACTING, EARTH LINDER STAHL INC. BUILDERS HICKORY CREEK CROSSING $346,007.25 $463,542.50 $350,433.00 1 PHASE II HICKORY CREEK CROSSING $203,108.25 $299,397.50 $228,621,00 2 PHASE 11 (ALTERNATE) TOTAL AMOUNT $549,115.50 $762,940.00 $579,054.00 ADDENDUM YES YES YES BID BOND YES YES YES IA u i t, u I a S ECTION IV. That upon acceptance and approval of the above competitive bids and the ` execution of contracts for the public works and Improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. I SEC'T70N V. That this ordinance shall become effective immediately upon its passage and approval. I PASSED AND APPROVED this the day of 19" JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS,CITY SECR:.TARY t BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY BY: 2387-HICKORY CREEK SEWERLINES ORDINANCE Alp w f i ` : _. 4 u M�Mk 111111 AGENDA INFORMATION SHEET AGENDA DATE: August 27, 1999 Questions concerning this acquisition maybe directed DEPARTMENT: Purchasing to Cary Tower 349-8424 ACM: Kathy DuBose,Fiscal and Municipal Services Kl� SUBJECT: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT fOR THE PARTICIPATION IN AN ALTERNATIVE FUELS PROGRAM BETWEEN THE CITY OF DENTON, TEXAS AND THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE RECEIPT OF FUNDS; AND PROVIDING AN EFFECTIVE DATE(INTERLOCAL AGREEMENT IN TILE AMOUNT S35,71 1). BACKGROUND: On July 29, 1993 the State of Texas authorised an Alternative Fuels Program allowing for the reimbursement of up to 80%of the additional coati of acquiring alternative fuel vehicles for certain state and local government fleets.TF.e City of Denton kas been an active participant since the beginning of the program. RECOMMENDATION: We recommend the attached Agreement for rundina of Alternative Fuels Program be approved. ESTIMATED SCHEDULE OF PROJECTt The vehicle qualifying for the 80% reimbursement for alternative fuels cost has been ordered. One electric powered pickup is scheduled for delivery the first week in September 1999, PRIOR ACTION RBIEW(COUNCIL.BOARDS.COMMISSIONS): I Council approved the purchase of tLe electric powered pickup on February 16,1999, Bid 2310-A fleet Vehicles. FISCAL INFORMATION: The purchase price of the electric vehicle was 542,225, This expense was charged to Motor Pool Replacement account(720.025-0581.9104).The funds to be reimbursed in the amount of$35,711 will be credited to this same account. &UREE IENTINFORMATION: This lnterlocai Agreement between the State of Texas and the City of Denton is intended to reimburse up r�' to so% of the cost of acquiring alternative fuel vehicles. It is funded through a cooperative effort between t A ' the U.S. Department of Transportation and the State of Texas. The North Central Texas Council of f �' Government distributes funds to eligible recipients in an ozone non-attainment area, v - c� AGENDA INFORMATION SHEET 6 AUGUST 17, 1999 PAGE 2OF2 Respectfully submitted: Tom Shaw,C P.M.,319.7100 1271AGl;NDA Purchasing Agem 1 4- / ' : c, �I s. ORDINANCE NO. AN ORDINANCE AUTItORIZINO THE CITY MANAGER TO EXECUTF. AN I ITERLOCAL AGREEMENT FOR THE PARTICIPATION IN AN ALTERNATIVE I UELS PROGRAM BETWEEN THE CITY OF DENTON, TEXAS AND THE STATE OF TEXAS DEPARTMENT OF TRANSPORTATION;f.UTHORIZING THE RECEIPT OF FUNDS;AND PROVIDING AN EFFECTIVE DATE (INTERLOCAL AGREEMENT IN THE AMOUNT $35,711), THE COUNCIL OF THE CITY OF DENTON ORDAINS: SECTION 1. That the City Manager is authorized to execute an Interlocal Agreement for participation in Alternative Fuels Program between the City of Denton,Texas and the State of Texas, acting by and through the Texas Department of Transportation,a copy orsuch agreement Is attached hereto and Incorporated herein for all purposes, SECTION II. The City is authorized to receive the funds as designed in the Agreement herein approved. SECTION II[. That this ordinan:e shall become effective Immediately upon its passage and approval PASSED AND APPROVED this day of, , 1999. JACK MILLER, MAYOR ATTEST: , JENNIFER WALTERS,CITY ShCRETARY BY: ` APPROVED AS TO LEOAL FORM, HERBERT L. PROUTY.CITY ATTORNEY BY:_ ALTERNATIVE FUELS PROGRAM•INTERLOCAL COOPERATIVE PURCHASING ORDINANCE , 11r� C. { t i CSI: 091845-955 STATE OF TEXAS ¢ Fiscal Year 1999 and 2000 No.of Vehicles 4 COUNTY OF TRAVIS ¢ AGREEMENT FOR FUNDING OF ALTERNATIVE FUELS PROGRAM THIS AGREEMENT, is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State" and the City of Denton, actin; by and through its authorized officials,hereinafter called the "Recipient". WITNESSETH WHEREAS, the Intennodal Surface Transportation Efficiency Act of 1991, ("ISTEA") codified under Title 23 U.S.C. Section 101, et seq, establishes the National Surface Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy,and will move people and goods In an energy efficient manner;and I WHEREAS, Title 23 U.S.C. Section 149, establishes a congestion mitigation and air quality Improvement program ("CMAQ') to contribute to the attainment of a national ambient air quality standard to be Implemented by the Slates'Transportation Agencies; and WHEREAS, Title 23 U.S.C. Section 134, establishes that Metropolitan Planning Organizations ("MPO's") and the States' Transportation Agencies develop transportation plans and programs for urbanized areas of the State; and WHEREAS, Title 23 U.S.C. Section 120, establishes that the Federal share of funding for CMAQ programs will not exceed eighty percent (8046)of the cost of the desired activity;and WHEREAS, Dallas,Tarrant,Collin and Denton Counties have been designated by the Clean Air Act Amendments of 1990 as an ozone nonattainment area, and thus qualifies for CMAQ funds; and WHEREAS, the North Central Texas Council of Governments,herelnafter identified as "NCTCOO", as the Metropolitan Planning Organization for the Dallas-fort Worth Metropolitan area and Denton and Lewlsvillo ur'3anized area, has the responsibility for developing transportation control measures for the State imp'ementation plan to assist in the trduction of ozone-forming mobile emissions;and WHEREAS, a program of converting new and existing veh!.fes from conventional fuels to alternative fuels Is desired,to be hereinafter Identified as the "AlP.mative Fuels Program";and WHEREAS, CMAQ funds have been made available to the State through the U.S, Department of A. Transportation for the advancement of the Alternative Fuels Program; and 06!08199 i Page I of 5 C> C i i yy WHEREAS, NCTCOO has submitted the Alternative Fuels Program through the Texas Natural Resource Conservation Commission to the U.S. Environmental Protection Agency for Incorporation in the State implementation plan to assist in the reduction of ozone-forming mobile emissions;and WHEREAS, the State and the Recipient desire to enter into this agreement to establish the parties' obligations and responsibilities associated with the Alternative Fuels Program; and WHEREAS, on the ` day of , 19_, the Recipient's ruling board, passed Resolution No. , attached hereto and identified as EXHIBIT "A", authorizing the Recipient's participation in the Altemative Fuels Program; and WHEREAS, on the 20 day of .July. 1993 , the Stated Texas Transportation Commission passed Minute Order No. 102542 , attached hereto and identified as EXHIBIT "B", authorizing the Alternative Fuels Program through the State Transportation Improvement Program; AGREEMENT NOW,THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it Is agreed as follows: I.CONTRACT PERIOD This agreement becomes effective on the date of final execution by the State and Shall terminate on August 31,2000 unless terminated or modified as hereinafter provided. 2.SCOPE OF PROJECT The Recipient shall agree to the terms and conditions of the 5nccifications for Public Sector. Non- Transit Alternative Fuel Vehicles, attached hereto and identified as EXHIBIT "C". 3. FUNDING RESPONSIBILIT vS The maximum amount payable for FY IM/ FY 2M, under this cost reimbursement agreement is $35.711. , These amounts are based on the CMAO Altemative Fuel Vehicle Prolect Submittals, �:tached hereto. The Recipient will be responsible for securing the non-federal funding share required for financing the Altemative Fuels Program. The Recipient shall comply with the cost principles established in OMB Circular A-87, "Cost Principles for State and Local Governments". 4.REIMBURSEMENT I f r The State will reimburse the Recipient for properly supported costs incurred under the terms and conditions of this agreement. The reimbursement of costs will only include those applicable federal participating funds. The Recipient shall submit the Staiels Form 132, Billing Statement to the 06/08/99 Page 2 of 5 C• following address: Mr. Moose Saehiart. P.E.. Texas Department of Transportation. P.O. Box 3067. Dallas, Texas 752213067. At! billing statements shall be properly documented, summarizing the costs by description of v ork perforated and other incidental costs. The Recipient shaft provide an invoice showing vehicle cost, the incremental cost for the alternative fuel system, the total as bid by the recipient, less any rebates and/or Incentives for the installation of the alternative fuel system. The State will make payment to the Recipient within thirty (30) days from receipt of the Recipient) request for payment, provided that the request is properly prepared, executed, and documented. Unsupported charges or charges after final acceptance by the State will not be comidered eligible for reimbursement. If applicable or necessary the State will prepare a final audit upon completion of the services authorized herein or at any time an audit is deemed to be in the best Interest of the State. S.TERMINATION This agreement may be terminated by one of the following conditions: (1) By mutual agreement and consent of both parties. (2) By the State, upon thirty(30)days written notice to the Recipient as a consequence of failure by the Recipient to perform the services and obligations set forth in a satisfactory manner and within the limits provided, with proper allowances being made fcr circumstances beyond the control of the Recipient as determined by the State. (3) By either party,upon thirty(30) days written notice to the other. Termination of this agreement shall extinguish all rights, duties, obligations or responsibilities established under this agreement. The Recipient will not Incur any costs eligible for reimbursement during the thirty(30)day notice periods established hereinabove. 6.INDEMNIFICATION The Recipient acknowledges that It is not an agent, servant, or employee of the State, and that it Is responsible for its own acts and deeds and for those if Its agents or employees. , 7.ROE= Violation or breach of contract terms by the Recipient shall be grounds for termination of the agreement,and any increased cost arising from the RecipientIs default,breach of contract,or violation of terms shall be paid by the Recipient. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existi g at law and in equity may be availed of by either party and shall be cumulct.'ve, 8.AN11,NDMENT'3 Changes in the time frame, character, responsibilities, or obligations authorized herein shall be enacted by written amendment. Any amendment to this agreement must be executed by both patties. r ' 9.SUBLETTING The Recipient shall not assign or otherwise transfer its rights or obligations under this agreement without the prior written consent of the State. 06n)SM Page 3 of 5 r, S 10ANSPEC UON OF RECIPIENT RECORDS The State will, for purpose of termination of the agreement priar to completion, examine the books and records of the Recipient for the purpose of checking the amount of the costs incurred by the Recipient at the time of contract termination. The Recipient shall maintain all books, documents, papers, accounting records and other documentation relating to costs Incurred under this agreement and shall make such materials available to the State, Federal Highway Administration(FHWA)or its duly authorized representatives for review and inspection at its office during the contract period and for four(4) years from the date of final payment under this contract or until impending litigation Is resolved. Additionally, tha State,FHWA and its duly authorized representatives shall have access to all records of the Recipient which are directly applicable to this agreement fir rye purpose of making audits,examinations,excerpts and transcriptions. 11.LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason,be held to be invalid, illegal, or unenforceable in any respect, such Invalidity, illegality,or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 12.AUDIT REQUIREMENTS The Recipient shall comply with the requirements rr the Single Audit Act of 1984, P.L. 98.502, ensuring that the single audit report Includes the coverage stipulated ii paragraphs b, 8 and 9 of OMB Circular No. A-128. 13. COMPLIANCE WIT11LAWS The Recipient shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decree, of any court, administration bodies, or tribunals In any matter affecting the performance of the agreement. 14. NOTICES All notices or documentation to either party by the other required under this agreement shalt be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: State Retlplent Mr. Jay R Nelson, P.E. t!{e Catt--Ai AstQ.+ a4 D�}� �i District Engineer V4.lctvat,Drer�e 1, Texas Department of Transportation 4777 E. Highway 80 Mesquite,Texas 75150.6643 06/08199 Page 4 of 5 { S. `I All notices and documentation shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other In the manner provided herein. 1S.SOLE AGREEMENT This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 16. COMELIANCE WITH 6jpECIFIC k1pE tAL REOUIRFMENTS In complying with laws, the Recipient will comply with fe&ir: civil. rights laws (49CRF21 and 23CFR710) and Equal Employment Opport .-Ity laws (41CFR60) and with Minority Business Enterprise requirements (49CFR23) as applicable and to the extent these laws and requirements are not In conflict with or considered unconstitutional underease law. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. cj� 'DA Call n THE STATE OF TEXAS � Reciplent Executed for the Executive Director and approved by the Texas Transportation BY Commission for the purpose and effect of activating and carrying out the orders, established policies or work programs heretofore approved by the Texas Typed ,e Transportation Commission. 1 _ Title By: )ay R. Nelson �. Dallas District Engineer Date ATTESTt r Date i r , f" OW8199 Page 5 Ill 5 c, TEXAS TRANSPORTATION L"I»sun IOUs _ _ _,,County MINUTE OROER Page 1 Of 5 Pages trict No. VARIOUS WHEREAS, the Project Oevelopment Plan (POP) of the Texas Oepartment of Transportation Is a ten year plan which authorizes proje:t planning and development, and is submitted to the Texas Transportation Commission for approval on an annual basis! and WHEREAS, the 1993 Transitional POP was structured and developed with categories to utilize the Intermodat Surface Transportation Efficiency Act of 1991 (ISTEA); and WHEREAS, development and construction of many projects in the POP are subject to the approval/concurrence of the Metropolitan Planning Organizations (MPOs); and WHEREAS, the NPOs have recently made significant modifications to the list of projects which they propose to include in their Transportation Improvement Programs (TIPS); and WHEREAS, the letting to contract of projects contained in the POP 1s further subject to the availability of projected funds; and WHEREAS, the structure of the various categories of work, Including the deserlition, the restrictions, the method of allocation end ppoalicy of the 193 Transitional POP was outlined in Minute Order } 101106 dated June 24, 1992 and amended In Minute Order 101590 dated October 28, 1992; and WHEREAS, Minute Order 1015841 dated October 28, 1992 approved the structure of the allocation program portion of the 1993 Transitional POP, and authorized projects in various allocation programs) and WHEREAS, an update of these previously authorized projects and policies is requt red to more accurately depict and properly guide planning and development; and WHEREAS, it is appropriate to address the status of the 199) Transitional POP and the approval of the 1994 POP separately with respect to nobility and allocation categories; and A„_, I t j t c I TEXAS TRANSPORTATION COFMISS1om ARIOUS ____.County MINUTE OROER Page —L-Of S Pages I%triCt No. VARIOUS WHEREAS, for mObilitX Categortes, Minute Order 101106 and APProv Subsequent edspecific projects for 6vari various ouslevelsof authorization 9in the 1993 transitional PQP In Category 1 - Interstate Construction, Category 3A - National Highway System (NHS ) Mobility, Category 38 - NHS Texas Trunk System Category 30 - NNS Traffic f c NanagesN•nt, Gtapory 3E • NHS Miscellaneous , Category 12 • Commission Strategic Priority and Citegary 13 - State Mobility; and . WHEREAS, for mobiiit categories, Minute Order 101588 and subsequent Minute Order S dated December 22, 1992 approved SPeciffc projects for various levels of authorization to the 1993 Transitional POP In Category 4C - Surface Transportation Program (STP) Metropolitan Mobility/Rehabilitation, Category 40 - STP Urban Mobility/Rehabilitation, Category 4E - STP Rural Mobility/Rehabilitation, Category 5 - Congestion Mitigation and Air Quality Improvement; and HREAS,subsequentEMinutef rOrdelo IWO� approvediSpecific projects10In5 the a1993 Transitional pop In Cato Dry 4A - 1993 Highway Sate%y improvement Program, 1993 federal Railroad Signal Program, and 1993 Railroad School Bus Signal Program Categoryy 6 - 1993.1995 On State System Bridge 1 aFirm�to.Ma4rket Road Program, and 6,-01991 Railroad Ordde Cross Replanking Program; and J WHEREAS, Several of the all atio programs approved In the 1993 Transitional POP currently unouno�r y h �i at Projects have now been Identified as additions etonthe previously tch approved program%; and WHEREAS, Minute Order 101165 authorized district allocatfons for the CILC.Ation program portion of the 1994 POP, and directed that when the projects have been selected for allocation programs (other than *bank balanceb prograas) I the programs be returned to the attention of the Commission for approval Of specific projecttt and i i t t, III I T EXAS TRANSPORTATION COMMISSION I I IRIOUS County MINUTE OROER Page 5 of 5 Pages 1 stria No. VARIOUS WHEREAS, rojects have now been identified for the allocation programs of the 194 POPI NOW, THEREFORE, IT IS ORDERED that the structure of the various categories of work, Including the description, the restrictions, the Method of allocation and policy outlined in Minute Orders 101106 and 101590 is hereby cancelled; and IT IS FURTHER OROEREO for mobility categories that :he authorization for the Category 3A bility, Category 38 - h115 Texas Trunk Sytem, Category 30 NHS Traffic Management, Category it NHS Miscellaneous, Cate cry 12 - Comission Strategic Priority and Category 13 State Mobility projects listed in Minute Orders 101106, 101586 and 101587 are hereby Cancelled; and IT IS FURTHER OROEREO for pability categories that the authorization for Category 4C - STP Wtropeliten Mobility/Rehabilitation, Category 40 - STP Urban Mobility/Rehabllttation, Category 4E STP Rural Mobility/Rehabilitation and Category S - Congestion Mittg4tion and Air Quality Improvement projects listed in Minute Orders 101588 and 101765 are hereby cancelled; and IT 1S FURTHER ORDERED for Allocation Categories that the Projects approved as a pert of pest allocation programs that have not been selected for other categories of the 1994 POP shall retain their authority in those programs; and I l 1 p i u . TEXAS TRANSPORTATION COMHISSIO.I RIOUS County MINUTE ORDER Page / of S Pages w Witt No. VARIOUS IT IS FURTHER OROEREO ttiat the 1994 PANECT OEYELOPMENT PLAN as shown in the following exhibits is hereby approved: Exhibit A - Structure of the carious categories of work, including descriptions, restrictions, methods of allocation and policy. xhibit B • Interstate Construct'.an (Category 1). xhibi National WIghway System (Category 3): biflty, NNS Texas Trunk System, NHS Traffic Management Systems, and NNS Miscellaneous, xh1 it 0 - Surface Transportation Program (Category 41: 9hway Safety Improvement Program, 1994 federal 6allroad Signal Program, 1994 Railroad School out Sigqnal Program, 1993-2002 Metropollt�n Mobility/RMa0111tit1an Program, 1991• 2002 Urban Mobility/Rehabilitation Program, 1993-2002 Rural Mobility/Rehabilitation, and 1994 Railroad Grade Separations Program. xh1 it C - Congestion Mitigation and Air Quality (Category S). Exhibit F . Bridge Replacement/Rehabilitation Cate 0r' 6 : TOTt3' On State System Arid ge Program (Addieions3, 1996 On State System Bridge Program, 199].1995 Off State System bridge Program (Additions) , and 1996 Off State System Bridge Program. 4 e' A$ f, I c TEXAS TRANSPORTATION COMMISSION AlouS County MINUTE ORDER Page 8 cf S Pages " Strict No. VARIOUS Exhibit 6 - Farm to Market Road Progrce (Categor II): T�4i4�d Fatty to Market Raid Program (Addltionsl and 1995 Faro to Market Road Program. Exhibit H - Coeetssion Strategic Priority (Category 12). Exhlbit I - Slate funded mobility (Category 13). Exhibit J • Miscellaneous Programs (Category 16): t994 RaTfrad Grade Crossing Replanking Program. IT IS FURTHER �ODtas i eiauthorized to oced the mostfeible VW economical manner with Project development for the projects included ►n Exhibits B through J to include any necessary agreements, right of way acquisition, utility adjustments, and relocation assistance, subject to the policies of the Texas Department of Transportation and all applicable Federal and State laws governing the acquisition policies for acquiN ng real property. authorized by Transocation iticimil pro Development Plan shall remain active and to effdct. xhibit (Tare hereby Rdesignatedhas ahpartcofotheoSutehHighwaywSystem subject to the Conditions indicated. IT IS FURTHER ORDERED that this Minute Order be effective as of September 1, 1993. aitteJ uy; Examined and recommended by: IMBF of ighuay tsign ApprOVed Ailoc at! stCut vt rector r r "recut ve rector Minute Number 102542 Oate Pasted JUL 29 93 i i i I EXHIBIT"C" SPECIFICATION FOR PUBLIC SECTOR, NON•TRANSIT ALTERNATIVE FUEL VEHICLES FUNDING The funds provided by the Stale under the "Agreement for Funding Alternative Fuels Program," hereinafter referenced as the "Agreement," will be used to reimburse the Recipient for costs incurred for the incremental cost of the purchase price of a new alternative fuel vehicle or conversion of an existing vehicle to operate on an alternative fuel The "Incremental Cost"Is defined as: a The cost of a cenifled conversion of an existing vehicle to use at least one alternative fuel a The additional cost of an alternative tut system on new vehicles which may be purchased by the Recipient over the normal cos:of the same make and model vehicle to operate on a conventional fuel a Supplemental capital costs relating to costs associated with alternative fuel vehicle, additional tanks orcanisters, airboxes,etc.) The maximum available funding eligible for reimbursement for each approved vehicle type is derived from the programmed funding tables approved by the Regional Transportation Council,attached heteto and Identified as Attachment "I". The amounts established in Attachment "i" shall Include the cost of the actual installation of the alternative fuel system the List associated with the emissions tesu and applicable costs incurred by the Recipient In Implementing the Alternative Fuels Program. Under no circumstances will the federal reimbursable share exceed 80% of the total incremental cost Vehicles operating on the following fuel types are eligible for funding under the Alternative Fuels , Program: e Natural grs•Compressed natural gas(CNO)or liquefied natural gas(LNG) a Propane (LPL}) a Electricity a Ethanol a Methanol VEHICLE CONVERSION REQUIREMENTS The vehicle must be registered and based In the Dallas-Fort Worth nonattainment area to qualify for funding under the Alternative Fuels Program. The Recipient `,vlll provide to the Slate written A , verification of existing or planned alternative fuels stations from which the Recipient plans to obtain `,• the required fuels. The verification must be submitted along with the partially executed Agreement. The conversion kit for the alternative fuel 'must be In compliance with the certification process accepted by the Texas Natural Resour:e Conservation Commission ("TNRCC") In order to qualify for funding under this program. An er fissions test demonstrating air quality benefits will be required by 12R9N9 Page 1 01`2 i r. the State for each vehicle at the time of conversion. The emissions text mu.at measure volatile organic compounds and nitrogen oxides in tL loaded mode (e.g., 24240 or similar). When appropriate, tests before and after the conversion is performed should be conducted. Until the (M240 or similar test is available, emission tests using existing technology (e.g., four-gas analyzer, Bar-90) will be acceptable, As a minimum, the emissions with the alternative fuel In nse must meot the traditional fuel emission standards for the model year and classification of the vehicle. Bt-fuel vehicles must be ested in operation on both the traditional and alternative fuel, The State has made arrangements with the North Central Texas Council of Oovemments("NCTCOO")to act as its representative to review and approve various tests and reports required under the agreement The Recipient will forward the emissions test documentation directly to NCTCOO at the following address: North Central Texas Council of Oovemments 6t6 Six Flags Drive,Centerpoint Two P.O. Box 5888 Arlington, Texas 76005.5888 The State's reimbursement of funds to the Recipient will be determined by the approval of the emissions test. F'UEUVEHICLE USE REQUIREMENTS Regardless of the age of the vehicle at the time of conversion, the Recipient will be required to operate the vehicle using the altemative fuel for a minimum of ninety percent (90%) of the vehicle miles traveled and travel a minimum of 25,000 miles(service life) and maintain the vehicle In its fleet for a period not less than three (3) years, Documentation verifying the usage requirements established hereabove may be requested by the NC'1'COO on an annual basis or at any erne required by the State and/or NCTCOO. V records we not provided to the NCTCOO by the Recipient or the records which have been provided by the Recipient reveals that the vehicles have not met the usage requirements established In this agreement, funding for future vehicles under the Alternative Fuels program may not be allocated. Adjustments for Idling vehicles will be made on a case by case basis. NCTCOO has the option to grant waivers for special cases. In the event an alternative fuel vehl.le funded under this agreement is destroyed or lost through fire, 1 theft, accident, or force rnajeure, the$late will not seek reimbursement of funds. However, should the Recipient decide io sell the vehicle or othe,wise voluntarily take It out of service, a prorated amount of funds provided under this program will be refunded by the Recipient to the State. The amortized amount of the refund will be based on the number of months the vehicle was driven on the alternative fuel (up to 36 months) for at least ninety percent (90%) of the vehicle miles traveled during each month. OWNERSHIP AND DISPOSITION rr, A , At the end of the three (3) year operation period, the ownership and disposition of the alternative fuel l /� conversion equipment purchased under the aifeement will be assumed by the Recipient, Continued use of the alternative fuel vehicles by the Recipient is highly encouraged. U29198 Page 2 of 2 Page 1 of 2 ATTACHMENT 1 CMAQ ALTERNATIVE FUEL VEHICLE PROJECT SUBMITTALS EASTERN SUBREGION s I City of Alan $18,600 3,410 LVM•Duty Vehicles 6 9 City of Cam,i ion ,000 $48,000 l b -Duty ahi as Is 15 City d The Colony SiG.200 $112,91W -may as 9 9 City of Corinth 7,068 $8.645 l9M V t 4 City of Dallas $539,328 3 , Duly .� 11 ill City of Dallas $01.60111 $324.6m FY 2000 tlpnl-Duly vw*lol 66 68 Dana Count' $6,113 __GWWD_ut_yVWW"_— Dallas County Schools 00,600 WSW FY 1999 ihh j 67 07 City nta n DjR.Duty as n0 1 Paver EV Denton ISO $9810D0 76,600 Busas 40 40 CHy oDuSoto es 3 D 7FW AIrport $340,000 111272,000 FY IM LW-DUty k4cNS 16 20 and 6 Busts Airpod D/FW Airport $700,000 IN0,000 FY 20M 11 uas Vehicles 17 3b 2 and 2 Airport 90,000 X12,000 Dump 2 City of air lew 11,800 "11,440 Lfgh, Duty ahl as f —• f 0 vaga a of t AITACF3MFNP 1 CMA4 ALTERNATIVE FUEL VEHICLE PROJECT SUBMITTALS EASTERN SUN NOM(C"*md) !mn 3 3 28 CRY of frAv 103,206 pub, , 32 Y 3 3 CITY of MW4 $126.000 T10 ,2SO -Du y 20 6 2 Mr jn d Tx T—Weu $07,302 �0 00 niwrn!y Taxes I 541,M S$3.427 1 Buf TOTAL 8 218113 2 61 20 Nt 2M 2N N3 i t EXHIBIT "Vo COST ESTIMATE Fuel Type Vehkole Type Vef><cla Par Vehicle Summary AutomolAe hl-du Track Heavy d Truck Automobile ht-du Tnaclt Heavy-dutv Truck Automobile Truck Hea Truck Total a Lees Federal Partfelpadorl a ( 1 Local Participation Cost a (Dlffew") NOTE: 1. If purchasing a now altamaM fuel vehicle(including electrlc),the Federal Re,Tbursemenl Is 50%of UN Incremental cat Of the purchase price, 2. For converolons,the Federal Reimbursement Is 80%of the oomeerskm coat per vehicle, * Fuel Type: -Natural Gas(CNG) -LiquaBad Natural Gas(LNG) -Propane(LPG) -Electric •Ethanol Msthanof At lanaroe r i �an:►d1 xo. - 35 AGENDA INFORMATION SHEET tuentla 11Am R AGENDA DATE: August 17, 1999 Questions conc< ing this acquisition may be directed DEPARTnIENT: Purchasing to Sharon Mays 349.8487 ACM: Kathy DuBose, Fiscal and Municipal Services su�ecTt AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF ELECTRIC DISTRIBUTION TRANSFORMERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE(BID 2389 —DISTRIBUTION TRANSFORMERS AWARDED TO 171E LOWEST BIDDERS AS LISTED BELOW, ANNUAL ESTIMATED EXPENDITURE 1S $450,000). BACKGROUND: (See attached Tabulation Sheet) RFCOMMF.NDA7,ION: We recommend this bid be awarded to the lowest evaluated bidder for each item as listed below; L= VEIYRS2$ 1 1,2,3,4,13,15,16.17 Temple Inc, 8,9,10 Pricster Supply Co.,Inc. 18 Cummins Utility Supply it Wesco Distribution S,6.7,11.12,14,19,20 Txhline, Inc. i (See Exhibit A with ordinance for descriptive detail) Evaluated prices utilize full food and no load loss factors to determine the lowest overall cost for the life expectancy of the transformer. F_.STISIATED SCI ED !L OF PR UCTs This is an annual contract for distribution transformers.They will be ordered as required and are quoted to be delivered in 16 to 120 days depending upon the Individual unit. FISCAL 1N 01011ATIONs 71tr as needed acquisition of distribution transformers will be funded from budget funds Intended for maintenance or new construction of the electric distribution system. BID 1Nt0R11A11UNt f A. This bid is for the annual contract to supply the Denton Municipal Utility with overhead and padmount electric distribution transformers. These items are utilised in the maintenance and new construction of the electric distribution system, lfte prices are firm for one year from date of award. i r.GENDA INFORMATION SHEET August 17, 199 Page 2 of 2 Respectfully submitted: i i Tom Shaw,C.P.M.,349.7100 Purchasing Agent Attachment I:Tabulation Sheet 1249,AGENDA 1 i r r~ f ORDINANCE N0. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF ELECTRIC DISTRIBUTION TRANSFORMERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2389 — DISTRIBUTION TRANSFORMERS AWARDED TO THE LOWEST BIDDERS AS LISTED BELOW, ANNUAL ESTIMATED EXPENDITURE IS 1450,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessrry materials,equipment,supplies or services in accordance with the pros dunes of STATE low and City ordinances; and W I IEREAS,the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials,equipment, supplies or services as shown in the "Bid Proposals"submitted therefore;and WHEREAS,the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials,equipment,supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CiTY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials,equipment, supplies,or services,shown In the"Bid Proposals"on rite iv the L`!Yke of the City's Purchasing Agent file according to the!bid number assigned hereto, are hereby accelted and approved es being the lowest responsible bids for such items: BID ITEM NUMBF'.R ND VENDOR AMOUNT 2389 1,2,3,4,13,15,16,17 TEMPLE INC. EXHIBIT"A" 2389 8,9,10 PRIESTFA SUPPLY CO., INC. EXHIBIT"A" 2389 I8 CUMMIN,UTILILY SUPPLY EXHI BIT"A" 2389 21 WESCO DISTRIBUTION EXHIBIT"A" 2389 5,6,7,11,12,Ie,;4,20 1ECHLINEINC. EXHIBIT"A" SECTION That by the acceptance and approval of the above numbered items of the submitted bids,the City accepts the offer of the persons submitting the bids for such items and agrees to purchase fire materials,equipment,supplies or services in accordance with the terms,specifications,standards,quantities and fur the specified sums contained in the Bid Invitations,Bid Proposals,and related documents. SECTION III. That should:he City and persons submitting approved and accepted items and of the submitted bids wish to enter into s formal written agreement as a result of the acceptance, approval,and awarding of the bids,the City Manager or his designated representative is hereby authorized to execute the H ritten contract which shall be sttuhed hereto;pros ided that the written contract is in xcordance with the r rams,conditions,specifications,standards,quantities and specified sums contained in,, the Bid Proposal and ;A, related documents herein approved and accepted. i l' SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant therclo as authorized herein. I i I c; i i 1 i SECTION V. That this ordinance dull become effective immediately upon its p&mge and approval. PASSEL)AND APPROVED this day of . 1999. JACK MILLER, MAYOR i ATTEST: JENNIFEF. WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L PROUTY.CITY ATTORNEY BY:_ 7389 SUPPLY.ORDINANCE. r .. i 1 1 I I I t ATTACHMENT TABULATION SHEET Bid # -=9 Date: 7.20-99 ANNUAL PRICE AGREEMENT FOR DISTRIBUTION TRANSFORMERS No. Oty. DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR Temple Priester Cummins Weseo 1'"nline Annual Pries Agreement for Tnmform.n 1 1 Tranx.,ON,10KVA 1201240 $312.00 $346,00 1376,60 $605.00 1316.00 2 1 Tranx,ON,I WVA 1201240 1353.00 1394.00 $436.30 1672.00 1313.00 3 1 Tranx.,OH.26KVA 1201240 $446.00 1651.00 1604.26 1703.00 $460.00 4 1 Tnnx,OH,50KVA 12W240 1614.00 1711.00 1772.34 1983.00 1661,00 5 1 Tranx.,OH,76KVA 1201240 $1,053.00 11,057.00 51,032.98 11,232.00 ;1169.00 4 1 Tranx,UO,26KVA 1201240 1791.00 $876.00 11,055.32 11,063.00 $740.00 7 1 Tranx.,U0,60KVA 1201240 1945.00 1947.00 11,212.77 11,249.00 1944.00 1 1 Trani U0,76KVA1201240 $1,130,00 61,122.00 11,500.00 $1,410.00 11,196.00 9 1 Tranx.,110,100KVA43W140 $1,351.00 11.415.00 11,739.00 11,609,00 $1,419.00 10 1 Tranx,U0,167KVA 1201240 12,392.00 11,764.00 12,156.00 12,630.00 11,936.00 11 1 Tranx. 3PH UO 160KVA 1201206 $4,647.00 16,216.00 NO 14,760.00 13,796.00 12 1 Tranx.,3PH UO 300KVA 1201201 $6,662.00 17,127.00 NO 15,730.00 15,221.00 13 1 Tr3nx.,3PH UO 600KVA 12W206 19,442.00 19,056.00 NO 17,190.00 16,W2.00 14 1 Trani.,3PH I*,160i!vA 277.4.40 $6,049,00 15,423.00 NO 14,610.09 14,006,00 15 1 Trani. 3PH UO,300KVA 2771410 10,289.00 $9,611.00 No 15,509.00 14,416.00 16 1 Tranx.,3PH UO,500KVA 2'71480 18,331.00 19,020.00 NO $6,864.00 16,171.00 17 1 Tranx.,3PH 01.780KVA 2714/0 110,827,00 $12,066.00 N9 69,867.00 17,251.00 18 1 Tranx.,U0,P161KVA 2401410 NO 5109.00 11,074.00 12,250.00 61,977,00 19 1 Tranx.,3PH U0,10000A 2771460 113,279.00 1 113,162.00 NO 511,490.00 19,164.00 20 1 Tranx.,3PH UO 2600KVA 2771480 123,715.00 128,196.00 NO 619,111.00 617,126.00 t 21 1 Tranx.,3PH DELTA 1201240 NO NO NO $6,011.00 15,021.00 DELIVER 112 DAYS 16-31 WKS 70.99 DAYS 112.140 DAYS 42.420 DAYS rr 4 NO BID•DEALERS,GREENVILLE TRANSFORMER I ! rr- t►trt rn 2* a +►wn epK'xr�artl�l�11?s[YI MR.1dr1:tltRY' � , vTa & Bid Number 2389 •+a -i.. , .aey.w,weoMee�r,vwar.w�oa�R..wa�.rvrve�.we�w-.�w�nr,s Yva¢ib►w►+a. . Descelp ion 99900001 TRANX OR 10KVA 1411110 Quantky 0 Load Factor 05 { $for/Mfr. AL OIL Cost ,eliwiv Evaluated Cost Temps$ / GE 35 125 $311.00 112 51,686.93 Prieater / Cooper 31 117 5116.00 112 $1.92195 I Teohune / Howard 37 179 $31600 56 S1,9SS.0 I I Cummins / Kutsnan 76 109 $77660 61 $1,04362 vwSCG / A26 35 tle $50500 112 $2,461.78 Description 99900001 TF.AN,Y. 011. 15Ki'A 24WI20 Quantity 0 load Factor 06 7'rndor/bflq. NG N'L Cost Delivery Evalualed Cost Temple / GE 49 154 $35300 112 $2,242.97 Pnrater / Cooper 43 115 $364.00 112 $2,36525 Tschviie / Howard 16 191 $78700 56 $2,422.56 Cummins / K htman 49 143 $436.70 64 $2.465,46 WESCO / ABB 46 171 SS72.00 112 $3,05401 I rldoY,lwly,16, f099 Page t o/6 I C, c. i I I � 1Description 9990000] Tlt4NX. ON, 230A 24W120 Quantity 0 Load Factor as _ Yeedot/X&. A WI, Cost Delivery Evaluated Cost Temple / GE b7 259 1441.00 112 33,151.41 CUmmins / Kufi4nen 74 220 ON 26 54 13231A9 i Tealine / Howard 65 292 145000 56 13,279.05 r PrIestar / Cooper da 221 155100 112 13,332.96 WESCO / ABS Sa 249 170300 112 13,596.73 Description 99900003 WN.Y. 011, SOKVA 24020 Quantity 0 Load Factor 05 VrndotI M& a N'L Cost Delivery Evaluated Cost _ Tempo / GE 104 504 1614.00 112 55,011.61 TechUne / Howard 122 434 1611.00 56 55,121.33 Cumming / Kuhlman 130 376 177234 14 15,26642 Priesler / Cooper 106 412 $711.00 96 $5,294,36 , WESCO / ABB 101 445 191300 112 16,017,94 Description 99900006 TMAX 011, MIA 2401120 Quantity 0 Load Factor 0 5 3'endor/Affil, At 51'L Cost When, Evaluated Cost Techfne / Howard 154 630 195600 50 17,162.41 Temple / GE 152 $61 11053.00 112 11,162,73 Cummi is / Kufilman 170 AM 11,032 96 90 17,299.20 Pnelier / COOper 141 759 11,057,00 90 _ 11,909.47 r� WESCO / ABS 156 113 11,232.00 112 16,267.61 « .,,.. . -...:...:. .� ,.. •, . _. ,.. .. .:..... <.w..x.,.M1:sowaA+.R`�wa rYluw.+o.Fw.rM'i r NAnr.Jury.ia, f 999 Oegr 2 nJd c u i i I i Desrrlptlon 99900010 TR4NX. W 23KYA 24WI20 Qrronrlry 0 Load)"Xtor 0.5 Vg q do Mfg, IVL H L Ce-viii D_d_,'ve_m Evaluated Cost Technne / Howard 64 291 $74000 64 $4,246.75 Tempo / OE 66 264 $791,00 140 $4,32332 Prieslar / Cooper 69 217 6675.00 217 54,436,43 Cummins / Kuhlman _64.... 236 . _.. $1,05532 9s $5.06341.__._ VISCID / ADO 52 251 $1,06300 140 $5,09661 Description 99900011 MN.Y UCi 50KVA 2401110 Quantlty 0 Load Factor 05 Vendor/Affe. NL H'L Cost Delivery Evaluated Cost Tech6ne / Howard 49 466 $944.00 54 $6,046.60 priesler / Cooper 110 467 $947,00 217 $6,14622 Temple GE t07 503 $94500 140 $6,16112 WESCO / A09 106 312 511,249.00 140 $6,65456 Cummins / Kuhlman 123 371 $1,262.77 86 $6,636.5$ Description 9990001: TR4N.V UG MIA 210/120 Quapri4 0 Load Factor as $'endor/Aflr. NL HL Cost DeffiM Evaluated Cost a Prlesler / Cooper 151 $25 61,12200 217 $7,65424 Temple / OF 150 625 51,136.00 141 $7,69999 TechLne / t4oward 1St 596 $1,1$500 64 $1760,17 WESCO / ADS 140 560 $1,410.00 140 $6,16524 k Al Cummins / Kuhlman 154 343 stsw 00 96 $41,616.21 l.i,.pr-Y..'.t.rf'4 Ardor,/atr,la, 199y Pogo of a a ' s 1 3 i Description 99900013 TRANX. W. IOOKVA 2401120 Quantity 0 Load Factor 0.5 Vendor/Mfg. NL R'L Cost Delivery Evaluated Cost prie5lH / Cooper 196 am $1,41500 211 $0,273.65 Techllns / Howard . .. _ _. .. ..170. .776. 51,691.00 64 $9,747.16 Temple / GE 200 659 $1,351.DO 110 $9,611.37 WESCO / ABB 167 754 $1,6WOO 110 $9,967,55 Cummins / Kuhlman 209 $75 61,139 00 96 $10,014.68 Description 99900014 TRUN.1' UU. 167KVA2401120 Quantity 0 Load Factor 05 $indorlAft NL ML Cost Delivery EralualedCosl priestet / Cooper 259 1267 $1,75400 217 113,396.63 Tedloo i Howard 270 1151 $1,93500 64 513,647.50 Cummins / Kjhlmarl 286 972 $2,15500 90 $13.732.67 WESCO / ABB 330 616 S2.63O 00 140 $15,034.25 Temple / GE 249 1372 $2,391.00 140 $15,67200 Description 99900013 1R4,' X. Jpll UU iSOKVA 205)'/120 Quantity 0 Load Factor 038 1'rndor/3lfe. U R'L Cost Delivery F.raluatedCost Techllne / Howard 301 1457 $3,79600 140 $1 I'M V Tempt / GE 61 1631 $4,647.00 112 $21.67D.75 WE SCO / ABS 362 1619 $4,75000 14D $24.197.20 _ Rlester / Cooper 355 1171 $5.216 DO 161 $24.53467 i (� ...,,:.. ,. . ._, ., � .. ..,,..,-.,.....+ ,r.=,mac-•v+rr..�.a. •axaws+rw..ui rrirnn I Nrlgt'.JYI)'.10, IV 90 Pu4e 4 of 6 J c. Description 99900016 TRtNX 3P1i W 3OOKVA 208YI120 Quanrilp 0 Load Factor 036 Vendor/M& NL In Cost Delivery Evaluated Cost Tedrins / Hanrd 479 2421 SSS89.00 140 329,506.06 Temple / GE 166 1903 $6,652.00 112 530,075.36 WESCO / A08 460 2641 35,73000 140 $32,371.32 Priester / Cooper 543 2063 $7,121.00 161 $35,206.65 Description 99900012 TR1NX.3PNL+O50OKKI208Y 1120 Quaatky 0 Load Factor 036 VendorlAft NL H Cost Delivery EvalurrtedCost Tempo / GE 254 3365 3444200 112 $41,304,42 WESCO / ABB 612 4534 $7,19000 140 $45,423.15 TeCnline 1 Howard 1069 6219 $5,542.00 140 347,495.66 Prister / peeper 661 3377 39,05500 161 $46,47161 Description 99900020 TR4:1:".. JP11 tU J5O0A 4SOY/217 QuantLy 0 Load factor 036 findor/Aft, NL IfI Cost Delivery Evaluated Cosi Techline / H,nvard 309 1203 34,006 00 140 $19,923.76 Tempi / GE 106 1033 $5,054.00 112 321,33716 �. WESCO / qg8 300 1460 34,61000 140 $23,379.99 Prlester I Cooper 327 ION $5,423.00 161 924,429,43 fr\ C ..w...w r..a...,.e. r•.........-w..rr..—..r..«.:rr:.rss•„aa•-ana,...Rn.nnvr.abMw4+'M--tw.+Rrasterl�ri trigs,July 30, 1999 Pepe 5 off (r (1 Description 99900011 TROAN. 3PH UG 300K VA 480Y1277 Quantity 0 Load Factor 036 Yrndoe/Mfy. NL-_li'L Cost Delivery Evaluated Cost Temple / GE 151 1709 $6,269.00 112 628,200,66 WESCO / ASS 503 2776 65,589.00 140 $31,071,06 Priester / Cover 581 1779 66,611.00 181 633,191,67 Techilne / Howard 553 4551 64,118 DO 140 633,912.67 Description 99900011 TR3NXS. 3PH UG J00KYA 4SOY1277 Quantity 0 Load Factor x090 i Vendor/Mfj. NL l9'L Cost Defivery Evaluated Cost Temple / GE 260 2793 s8,337.00 112 539,204.30 WESCO / Age 742 4285 66,864.00 140 542,949.88 E Priester / Cooper 812 2520 $9,020.00 161 646,161,76 IrWne / Howard 916 5276 66,875.00 140 649,790.58 Description 99900013 MOAN. 3PH U;7SMA 480}%177 Quanligr 0 Load Factor 036 sendor/Aa NA HL Cost Delivery EvaluatedCort Tervia / GE 315 4713 MOM 112 $53,93161 WESCO / ASS 950 5832 69,58700 140 950.11691 Tine / Howard 1303 5841 67,25800 140 963,38000 Priester / Cooper 972 5036 $12.006.00 161 $54,832.90 A�' f, f. . .-r.... _,.o.a..mm my..+-n�--, avn.�,a:4'vi+an'^MYaryr wr9n4'rvY;�MSVPMYfYCW 4.TASt.�ln'HYf1r/,fsfYtAi 1'rldur.luly A0r 1999 Page d of 8 i t i I 1 Description 99900014 TRWX,A. ]PH 1Xi 1000KVA J80Y1277 Quaetky o Lot d Factor 036 Vendor/ % NL RL Ca 4 Detivery Evaluated Cost Techfne / 17orerd 1344 6501 56,764,00 140 $64,793.23 Tempo / OE 423 5600 513,276.00 112 WIN 31 WESCO / Abe 1166 7067 $11,490.00 140 171,156.S3 Priester / Cooper 1369 6551 $73,162.00 161 $77,206.44 Description 999000 27 TRAN.W. MY UO 2S00KV,4 489Y/177 Que"110, o Load Factor 033 i vender/M!g NL R'L Cost Delivtry Evaluated Cost TechHne / H"Ord 2743 15441 SIMS 00 140 5731,31013 Temple / GE 643 14056 523,175.00 112 5131,664.12 WESCO / ABB 2101 17127 $19,11600 140 $142,100.27 Priestei / Cooper 5346 14156 $25,195.00 151 A750,75743 Description 19900041 MUMS.., 3P11 DELTA, 140/120300XV4 Quantity 0 Load Factor 038 3'end0?1m& NL RZ Cost Delivery EvaluaredCost msco / ABB sob 733 56,016 co 140 $26,667.63 Howard / Techrim 522 2310 $5,021.00 140 326,63111 r I £rldar,lr6,.r0, t999 Pk"7 p/6 c� u Desc►lplloa 99900418 TRANX. W. P167KVA 480YI240 Quanllly 9 Load 4'aclor 05 Yendar/MIS. A RZ Cost Delivery Evalualed Cost Cummins / Kuhh+en Nib 650 $2,074,00 84 $12,950.64 Techhns 1 Hmard 261 1008 $1,977.00 54 $13,21455 Pnester / c0ow 210 1515 $1,69900 151 $13,662.96 Vasco / A88 291 1111 $2,25000 140 $14,656.D4 j I l I lYidar,/r1y.19, 1999 Post Iofa f ` f A W41No. 9-0�5 AGENDA INFORMATION SHEET Item 1 AGF.NPA DAfri AugWj If, 1000 DEPARTMENT: Pliiihlnp poll bevelopta I 0111/13CM/A01: David Hill,349.8314, V,Z1'5 SUBJECT Consider approval of an ordinance authorizing the City Manager to execute a memorandum of understanding between the Denton Affordable Housing Corporation and the Singing Oaks Neighborhood Association specifying the terms of the agreement concerning the development of Toledo Court;and providing an effective date. BACKGROUND Through discussions with Singing Oaks neighborhood representatives and officials from the Denton Affordable Housing Corporation, the City Manager has developed a Memo of Understandi.tg regarding the Toledo Court Subdivision. The memo includes the following agreements: • DAIIC will reduce the number of homes in the subdivision from six to !our, • DAI IC will replace and/or construct fences on some properties, • DAIIC will convey a portion of the vacant center lots to each of the four homebuyers, DAI IC will construct an attached garage on each of the four units, • The City will negotiate and execute a i agreement that provides DA HC $98,000 in 1999110ME funding. Up to$73,000 maybe used for the Toledo Court project and 520,000 will be allocated to operating costs. ESTIMATED SCHEDULE OF PROJECT The Toledo Court Subdivision project is scheduled to be complew'd on or before December 31, 1999. PRIOR ACTIONIREVIEW(,Council. Boards,C m s as) Previous Council discussions conceming the 1999.4erlon Plan and the Toledo Court project include the following: • May 11, Puhlic Hearing-Council directed staff to prepare a work session item to discuss the funding allocated to DAIIC based on comments from residents of the Singing Oaks neighborhood, May 25, Work Session-Council members voted 4 to 3 to leave DAIIC funding , allocated in the 1999 Action Plan as reccmmcnded by the Community Development Advisory Committee. June I, Regular Session -Council approved a revised Acllon Plan to omit funding to DAI IC and set up a Cl[DO set aside for a housing purchase,renovation and sale Page 1 t program. Staff was also directed to include an item on the next agenda regarding a possible"stop work"order at the Toledo Court project site. • June 8,Work Session—Council member Ron[Beasley requested that Council delay action on the stop work order allowing DAIiC and Singing Oaks neighborhood residents to meet and discuss a possible compromise. Council members agreed to this request. • June IS,Regular Session—Council members discussed the results of the meeting betwten DM IC and neighborhood residents. Council directed the City Manager to continue discussl ins with DAIIC and develop a memo of understanding. • July 27, Work Session--Council members agreed that the amendment to the Action Plan should be approved. They also requested revisions to the Third Amendment to the agreement between the City and DAHC. Council directed staff to prepare ordinances for the approval of these documents and the Memorandum of Understanding regarding the Toledo Court project. FISCAL INh 573,0001n 1944 1 IOM program funding has been set aside for the Toledo Court Subdivision project. BID INFORMATION NIA M,ACIIMENTS Ordinance authorizing the City Manager to ext4me the Memorandum of Understanding, pages 3.5. Respectfully submitted: -V M17 ark Donaldson Asst. Director of Planning and Development Prepared by: w Barbara Ross Community Development Administrator Page 2 4• ORDINANCE N0. AN ORDINANCE AUTHORIZING THE CITY MANAGI R TO EXECUTE A MEMORAN- DUM OF UNDERSTANMING BETWEEN THE DENTON AFFORDABLE HOUSING COR- PORATION AND THE SINGING OAKS NEIGHBORHOOD ASSOCIATION SPECIFYINIi THE TERMS OF THE AGREEMENT CONCERNING THE DEVELOPMENT OF TOLEDO COURT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton Affordable Housing Corporation ("DAHC"), the Singing Oaks Neighborhood Association, and the City, represented by its City Manager, have negotiated an agreement for the development of Toledo Court; and WHEREAS, the understanding of the parties has been reduced to a Memorandum of Un- derstanding which the City Council deems it in the public interest to approve; NOW, THERE- FORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Memorandum of Understanding between the City,the DAHC, and the Singing Oaks Neighborhooa.'Association specifying the conditions of the development of the Toledo Court project, substantia'ly in the form of the attached Memorandum of Understanding which is made a part of this ordinance for all purposes,is hereby approved. The City Manager is hereby Authorized to execute the attached Memorandum of Understanding. SECTION 2. That the City Manager is hereby authorized to make the expenditures and take the actions set forth in the attached Agreement. SECTION 3, That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of , 1999. `•'., JACK MILLER, MAYOR 1I:, ATTEST: JENNIFER•WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FO s qtr' HERBERT L. PROUT CITY TORNEY BY: VAV Page 3 y i • i MEMO OF UNDERSTANDING Toledo Court Subdivision A Memorandum of Understanding between Denton Affordable Housing Corporation (DAIIC), Singing Oaks Neighborhood and the City of Denton specifying the terns of agreement between parties concerning the development of Toledo Court. DAIIC agrees loi e Reduce the number of homes In the subdivision from six to four. a The four homes will be located on the four outside lots(lots 1, 2, S and 6 of the plot)and,as originally designed In the plat,will face toward the two center lots of the p 1 at. e An undivided quarter interest In the two center lots would be conveyed to the four remaining homcbuyers by whatever legal mechanism is deemed appropriate. e Each hornecwner will be responsible for maintaining their share of the property. s This will entail moving the house which currently sits on lot 3 to lot S and removing the house located on lot 4 off the site altogether. I e The completed foundation work on lots 3 and 4 will have to be removed. e Work will, Singing Oaks subdivision property owners to replace the existing 8' fences on the contiguous lots located on the south and east sides of the subdivision with 10' fences, conveying ownership of the fences to the neighboring property owners who will be responsible for maintenance, i s All front doors must face toward the center green-space or toward Mockingbird. s Al I of the homes must have attached&stages. I e The development must comply with the City's landscape ordinance. e All other features of the development, as planned, were deemed to be acceptable c by the neighborhood representatives. Page 4 t 1 Memorandum of Understanding Toledo Court Subdivision Page 2 The City agree!to: • Negotiate and execute an agreement to fund DAHC the $98,000 In 1999 HOME funds currently held In reserve for"CHDO set aside activities". These funds were originally earmarked for DAHC's Affordable Homeownership Oppoaanity Program (AHOP),as well as some operating costs. • Allow DAHC to use a portion of these 1999 HOME f nds, estimated to be approximately $73,000, to reimburse the organization for costa associated with Implementing the agreed upon revisions to the Toledo Court project. That the balance of the $99,000 HOME award be used by DAHC as originally proposed, namely $20,000 for operating and administrative expenses, and any remaining balance for AHOP program activities. DAHC and Singing Oaks Neighborhwd understands that because of the change in the proposed use of a portion of the HOME Funds, it will be necessary for the Community Development Office to submit a revision to the City's Action Plan to HUD. Further, that the Action Plan revision will necessitate environmental clearance procedures be undertaken which may result in a 30-day delay for some of tha construction activities on the site Approved this the day or., 1999. DENTON AFFORDABLE HOUSING SINGING OAK NEIGHBORHOOD CORPORATiO ASSOCIATION CITY OF DENTON t . Mi:hael W. kz City Manager r' Page 5 f -035 AGENDA INFORMATION SHEET Apttttde Item Z Date ' AGENDA DATE: August 17, 1999 DEPARTMENT: Planning and Developmen CM/DCNl/ACM: David hill,349.8314 S!,BJECT A resolution by the City r f Denton,Texas,authorizing the City Manager to sign and sub-tit an amendment to the 1999 Action Plan for Housing and C'ommuniry Development submitted in June 1999 to the U.S. Department of Housing and Urban Development with appropriate certifications,as authorized and required by the Housing and Community Development Act of 1990, as amended; and providing an effective date. BACKGROUND The original Action Plan set aside $98,000 in funding to carry out the"purchase, rehabilitation and resale of affordable homes in Denton by a certified CHDO" (Community Housing Development Corporation). Council approval of this Amendment will revise the Actlon Plan to provide$98,000 In funding to the Denton Affordable housing Corporation. Funding in the amount of $20,000 will be budgeted for agency operating costs. The remaining$78,000 will be budgeted for the TrIedo Court project and DAIIC's Affordable Housing Opportunity program, ESTIMATED SCHEDULE OF PROJECT The Toledo Court project is scheduled to be completed by 12131/99. All remaining funding will be expended by September 30,2000. PRIOR ACTIONIREVIE"'(Council.Boards.Commissions) Previous Council discussions concerning the 1999.4celon Plan and the Toledo Court project include the followingt • May 11,Public hearing -Council directed staff to prepare a work session item to discuss the funding allocated lo DAHC based on comments from residents of the Singing Oaks neighborhood. s May 25, Work Session- Council members voted 4 to 3 to leave DAHC funding allocate., in the 1999 Action Plan as recommended by the Community Development Advisory Commiltee, //, • Juae 1, Re!nlar Session -Council approved a revised Action Plan to omit funding to 1,A, DAHC and set up a C11DO set aside for a housing purchase,renovation and sale program, Staff%vas also directed to include an item on the next agenda regarding a possible"stop work"order at the Toledo Court project site. Page 1 t • June 8, Work Session—Council member Roni Beasley requested that Council delay action on the stop work order allowing DAHC and Singing Oaks neighborhood residents to meet and discuss a possible compromise. Council members agreed to this request. • June 15,Regular Session—Council members discussed the results of the meeting between DAHC and neighborhood residents. Council directed the City Manager to continue discussions with DAHC and develop a memo of understanding. • July 27,Work Session—Council members agreed that the amendment to the Action j Flan should be approved. They also requested revisions to the Third Amendment to the agreement between the City and DAHC, Council directed staff to prepare ordinances for the approval of these documents and the Memorandum of Understanding regarding the Toledo Court project. FISCAL INFO1Zl ATIM The $98,000 in funding included in the amendment is 1999 HOME program funding. These funds became available to the City on August 1, t999 pending completion of any required environmental review and approval of the City's request for a release of funds. BID INFORMATION N/A AIIACHMENTS Attachment 1:Resolution,page 3 -4 Attachment 11:Amendment, page 5 Respectfully submitted: 1�D ark Donaldson Assistant Director of Planning dr Dev Prepared by: arbara Ross Community Development Administrator A* Page � f r r , Page 2 KNcaYar�wNrLOta 7sw�IwY'.�M,bW�•lw Jw,lr� RESOLUTION NO. A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 1999 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED IN JUNE 1999 TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND PROVIDINO AN EFFECTIVE DATE. WHEREAS, the City of Denton is concerned with the development viable urban communities, including decent housing, a suiuble living environment and expanted economic opportunities;and WHEREAS, the City of Denton as an entitlement city under the Community Development Block Grant program and a participating jurisdiction under the HOME Investment Partnerships program, has prepared through a citizen participation proem a plan for using its 1999 CDBG, HOME and program income funding in the approximate amount of $1,771,977; and WHEREAS, the City of Denton wishes to reallocate $98,000 in 1999 HOME funding from a Community Housing Development Organization set aside acdvity to funding for the Denton Affordable Lousing Corporation;NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTGN HEREBY RESOLVES: SECTION L That the City Council of the City of Denton, Texas, authorizes the City Manager to submit to the U.S. Department of Housing and Urban Development (HUD) an amendment for the reallocation of funds In the 1999 Action Plan for Housing and Community Deve'opment that was previously submitted for a grant application with appropriate assurances for CDBG and HOME funds under the Housing and Community Development Act of 1974 and the Affordable Housing Act of 1990, u amended. The amendment will provide $98,000 to the Denton Affordable Housing corporation for affordable housing activities and operating costs. SECTIO (Z. That the City Council authorizes the City Manager or his designee to hanLle all fiscal and administrative mitten related to the amended Action Plan. SECTION 3. That save and except as attended hereby the provisions of the 1999 Action � Plan for Housing and Community Development in June of 1999 to HUD shall remain in full A force and effect. f l r SECTION g. That this resolution shall become effective immediately upon its passage and approval. Page 3 rLm4awtr�lLLa.hirl.rr.nwM.rr�IM 1d�ll�v PASSED AND APPROVED this the day of_ , 1499. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEOAI FORM: HERBERT L. PROUTY,CITY ATTORNEY k BY: Page 4 i c Amendment to the 1999 Actloa Plan for Housing and Community Development This is a proposed amendment to the 1999 Action Plan for Housing and Community Development submitted to the U.S.Department of Housing and Urban Development on June 15, 1999. The City of Denton wishes to reallocated$98,000 in HOME funding previously allocated to a Community Housing Development Organization(CHDO) set aside for the purpose of purchasing, renovating and selling affordable housing units. The amendment proposes to reallocate HOME funding to the Denton Affordable Housing Corporation for use as follows: $78,000-Affordable Housing Opportunity Program,purchase and 1 eoovadon of single family homes in existing neighborhoods. Renovated homes will be sold to eligible first-time homebuyers. Up to 573,000 may be used for rehabilitation of four units in the Toledo Court project. Toledo Court project costs may include rehabilitation and Bile improvements expenses. $20,000—CHDO operating expenses. Provision of funds for salaries,supplies,rent, telephone and other administrative costs. This reallocation of operating fiends to the Denton Affordable Housing Corporation will reduce the City of Denton's required HOME match by$5,000. The amount of match required after amendment approval will be$112,000. Match will be provided from a variety of sources such as the Federal Home Loan Bank of Dallas and the Denton Affordable Housing Corporation. The reallocation of funds will not affect other programs or projeev. Objective: Increase the availability of affordable housing through: constructim and/or renovation of approximately 100 new units for low and moderate-income households. Location: Denton Affordable Housing Corporation, 303 N Carroll Blvd.,Suite 108, Denton TX 76201 i Any comments regarding the proposed amendment should be directed to the Community Development Division,City of Denton, 100 W Oak,Suite 208,Denton TX 76201,940.349.7726 Comments must be received on or before July 31, 1999. rA, I ' s.'oa Doeummu ConrutsNMI M Amon Plan Amendmrntdot Page 5 c Apettdl No, 46111:11111 INm AGENDA INFORMATION SHEET 0* AGENDA DATE: August 17, 1999 DEPARTMENT: Planning and Development CAIIDCM/ACM: David Hill,3494314 SUBJECT An ordinance of the City Council of the City of Denton, Texas approving the Tbird Amendment to that Agreement Between the City of Denton and the Denton Affordable I lousing Corporation;authorizing the City Manager to execute the Third Amendment and to expend funds with respect to the Third Amendment; and providing for an effective date. BACKGROUND City Council has approved an amendment providing an additional $98,000 in HOME program funding to the Denton Affordable Housing Corporation. This Third Amendment revises the current agreement t( 'iclude expenditure of the additional funds and adds a broader indemnity ciat:se to the agreement. I ES9 I,bfATED SCHEDULE OF PROJECT The Toledo Court project is scheduled to be completed by 12/31199. All remaining funding will be expended by September 30,2000. PRIOR ACTIONIREVIE1V(Council.Boards. Commissional Previous Council discussions concerning the 1999 Action Plan and the Toledo Court project include the following: • May 11,Public liearing-Council directed staff to prepare a work session item to discuss the funding allocated to DAHC based on comments from residents of the Singing Oaks neighborhood. a May 23, Work Session-Council members voted 4 to 3 to levee DAHC funding allocated in the 1999 Action Plan as recommended by the Community Development Advisory Committee. • June I, Regular Session-Council approved a revised Action Plan to omit funding, to DAHC and set up a ClIDO set aside for a housing purchase, renovation and sal. program. Staff was also directed to include an i em on the next agenda regarding a possible "stop work"order at the Toledo Court project site. • June 8, Work Session -Council member Roni Beasley requested that Council delay i action on the stop work order allowing DAHC and Singing Oaks neighborhood A� c residents to meet and discuss a possible compromise. Council members agreed to this I request. Page t . y t 4 • June 15,Regular Session—Council members discussed&,e resulits of the meeting between DAHC and neighborhood residents. Council directed the City Manager to continue discussions with DAHC and develop a memo of understanding. v July 27, Work Session—Council members agreed that the amendment to the aetion Plan should be approved. They also requested revisions to the Third amendment to the agreement between the City and DAHC. Council directed staff to prepare ordirest,•w for the approal of these documents and the Memorand on of Undcra.,liug reguding the Toledo Court project. FISCAL[NFORMATION The $98,000 In funding included in the Third Amendment is 1999 HOME program funding. These funds became available to the City on Augw-t 1, 1999 pending completion of any required environmental review and approval of the City's request for a release of funds, DID INFORMATION NIA ATTACHMENTS Attachment 1: Ordinance,pages 3 —4 Attachment]l; Third Amendment,pages 5.12 Respectfully submitted: �17 MA Do dson Assistant Director of Planning& Dev Prepared by: Barbara Ross Community Development Administrator Page 2 f a I ORDINANCE N0. _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING THE THIRD AMENDMENT TO THAT AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION; AUTHORIZIiNG THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT Aiti`D TO EXPEND FUIJDS WITH RESPECT TO THE THIRD AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 17, 1996, the City Council entered into an Agreement with the Denton Affordable Housing Corporation to provide certain services for the provision of affordable housing under die National Affordable Housing Act of 1990, as amended by the Housing and Community Development Act of 1992, which Agreement was authorized by Ordinance No. 96.295;and WHEREAS, the City Council, by approving the 1999 Action Plan for Housing and Community Development, as amended, has authorized additional funding for ongoing activities of the Denton AffordabIc Housing Corporation and the scope of work for the Denton Affordable Housing Corporation has increased;and WHEREAS, on February 17, 1998 the City Cvuncil approved the First Amendment end on November 3, 1998 the City Council approved the Second Amendment to the 1996 Agreement, dceming it in the public interest to amend the Agreement with the Denton Affordable Housing Corporation and to provide for such additional funding from funds made available by the U.S. Department of Housing and Urban Development under the National Affordable Housing Act and to provide other changes as set forth in the First and Second Amendments to the Agreement; and I WHEREAS,the City Council now desires to amend the Agreecicnt a third time to extend its term,provide additional funding, and amend the budget;NOW,THEREFORE, THE COUNCIL OF THE C1TY OF DENTON HEREBY ORDAINS: SECTIMU, That the City Council hereby approves the Third Amendment to the Agreement between the City of Denton and the Denton Affordable Housing Corporation, executed December 17, 1996, substantially in the form of the attached Exhibit"A"which is incorporated herein for all purposes,and further authorizes the City Manager to execute;aid Third Amendment, SECTION2 That the City Council authorizes the expenditure of funds for operating costs and project funding for the Denton Affordable Housing Corporation, included in the Third Amendment as Attachment "B", which includes additional funding In an amount not to exceed 598,000, subject to the terms and conditions of Exhibit"A", s �' I Page 3 c , u , SECTION 3. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY i AKBY: Wfei A46* F LAYaf4wL0U.M Dww w*4"m "DAIIC nMSei ermNltl Am VA je Y Page 4 f t, A 1 STATE OF TEXAS COUNTY OF DENTON § THIRD AMENDMENT(FY 99)TO AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION This Third Amendment ("Third Amendment" or "FY99 Amendment") between the City of Denton, Texas ("CIT)r) and the Denton Affordable Housing Corporation ("CONTRACTOR') modifies the Agreement between CITY and CONTRACTOR, as approved by City of Denton Ordinance 96-295 (the "Base Agreement'), as said Base Agreement was thereafter modified by the parties in the First Amendment to said Base Agreement, approved by Denton City Ordinance 98.034 (the "FY97 Amendment" or the "First Amendment") and the Second Amendment to the said Base Agreement, approved by Denton City Ordinance 98.362 (the "FY98 Amendment" or the "Second Amendment'), WHEREAS, by Ordinance No. 96-295, CITY authorized its City Manager to execute an Agreement with the CONTRACTOR to provide administration, acquisition, rehabilitation, new construction, tenant-based rental development and public service programs to promote affordable housing within the City of Denton in return for CITY providing an amount not to exceed$20,000 to assist th.e CONTRACTOR in the operation of the Denton Affordable Housing Corporation, and an additional $68,850(project funds) for specific housing projects described in the Work Statement,Attachment A, attached to the Base Agreement;and WHEREAS, by Ordinance Flo. 98-034, CITY authorized the City Manager to execute the First Amendment with the CONTRACTOR to extend the term, revise the , responsibilities, increase the funding level due to the passage of the 1997 Action Plan, and provide definitions and uses for program income and proceeds; and WHEREAS, by Ordinance No. 98.362, CITY authorized the City Manager to execute the Second Amendment with the CONTRACTOR to extend the term, revise the responsibilities and increase the funding level due to the passage of the 1998 Action Plan; and WHEREAS, the CONTRACTOR has agreed to construct four affordable housing units to be placed on the project known as 400 Mockingbird Development (4MC) and also known as Toledo Court Project, and to release CITY from any liability growing out of that project; and WHEREAS, the CONTRACTOR, along with CITY and the Singing Oaks i�' A ` Neighborhood have entered Into a Memorandum of Understanding Toledo Court Subdivision and the parties wish to amicably resolve any disputes between them; and ' r Page 5 C.Mn,.p.xn ou[rnna.Mr.VawM v i' K WHEREAS, the City Council has approved additional funding for the CONTRACTOR and amended previous activities in accordance with their approval of the 1999 Action Plan for Housing and Community Development, as amended, and adequate funding has been obtained from the U.S. Department of (lousing and Urban Development, and desires to further revise the Base Agreement as amended herein; NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described. I. That Section 11, Responsibilities of the Base Agreement, as amended, Is hereby emended by attaching the amended Attachments "A", "B" and "C" and by amending subsection A and adding subsections K,and L to read as follows; A, CONTRACTOR hereby accepts the responsibility for the performance of all services and activities described in the amended Work Statement attached hereto as Attachment "A" and in accordance with the amended Program Budget attached hereto as Attachment "B" and the amended Schedule of Contract Activities attached hereto as Attachment "C" and all of these Exhibits are incorporated herein as if set forth at length, in a satisfactory and efficient manner as determined by CITY,in accordance with the terms herein. K. In consideration of the grant of additional funding by CITY, CONTRACTOR agrees to complete the construction of four affordable housing units relocated on the project know,i a! 400 Mockingbird Development (4MC) and also known as the Toledo Court Project and being near the 300 block of Mockingbird Lane in Denton to complete construction and renovation of the houses in complete compliance with all applicable provisions of Denton's Code of Ordinances and all other applicable laws and to fully comply with the Memorandum of Understanding Toledo Court Subdivision, executed by City, Contractor and the Singing Oaks Neighborhood Association. Any failure by CONTRACTOR to comply with this subsection shall be considered it material breach of this Agreement and shall result In the forfeiture of the $98,000 In additional funding approved by Denton's City Council on July 27, 1999. L. In consideration of the additional funding by CITY and for other good and valuable consideration, the receipt and sufficiency of which Is hereby acknowledged by CONTRACTOR, CONTRACTOR fully releases, discharges, and acquits CITY, its ofiicem and employees from, and agrees that the consideration expressed above shall be in full and final satisfaction of. all actions, / ' A causes of action, claims (including subrogation claims and claims for contribution and indemnity) on account of or in any way growing out of any and all negligence, intentional misconduct, violation of constitutional or statutory rights, conspiracies, breach of any duty of good faith and fair dealing, death, personal Page b [%MWWt ICMFD4 tlll"ull�'OMtMY t' u injuries, damage to reputation, pain and suffering, grief, bereavement, mental injury, loss of eaming capacity, loss of money, damage to property, taking of property, attorney's fees, pre- and post-judgment interest, and all other claims or causes of action whether known or unknown and whether herefore asserted or not, owned or possessed by CONTRACTOR, its officers or employees against CITY, its officers or employees growing out of or any way connected with the Denton City Council and its officers and employees consideration, approval, and action In regard to the funding of Denton Affordable Housing Corporation's request as a part of the approval of Denton's 1999 Action Plan for [loosing and Community Development, including without limitation, the Council's actions with respect to the stop work order, negotiations of any setticment with respect to the stop work order, or any other actions whatsoever of the City Council with regard to the project known as 400 Mockingbird Development (4MC) and also known as the Toledo Court project being the moving of several houses to be rehabilitated on or near Lie 300 block of Mockingbird Lane in the City of Denton, Texas and any action in regard to this amendment or the funding of the Denton Affordable Housing Corporation through HOME Investment Partnerships Program funds whatsoever for this and any previous year. CONTRACTOR does hereby agree to Indemnify and save harmless CITY, its officers and employees, of and from all claims, demands, costs, or expenses arising out of any injuries and damages sustained by CONTRACTOR, its officers or employees, as a result of the above• mentioned facts and circumstances, including any of them connected thereto which occurred prior to the date of the execution of this amendment, 2. That subsection A, of Section 111, CITY's and CONTRACTOR's Obligations of the Base Agreement,as amended,Is hereby amended to read as follows: A. CITY In accordance with 24 CFR 92,208, Eligible CHDO Operating Expenses, shall provide funds in the amount of $86,500 or less to assist the CONTRACTOR in the operation of the Denton Affordable Housing Corporation, CITY shall also provide an amount not to exceed $499,682 ("Project Funds') for specific housing projects and programs as described In the Work Statement, Attachment 'V. Provided, however, that the CONTRACTOR shall make sure that Its project delivery expenses shall not exceed 10%of the total project cost as determined by the CITY. 3. That save and except as amended hereby, the remaining sections, subsections, sentences and clause of the Base Agreement dated December 17, r ` 1996, as amended by the First Amendment dated February 17, 1998 and the A� Second Amendment dated November 3, 1998, shall remain in full force and effect. Page 7 f rdtpr,RAMY4K tItlAO AMIrOAIiMb a u IN WITNESS of which this Third Amendment bas been executed on this the day of . 1999 by the duly authorized officials of the CITY and the CONTRACTOR. CITY OF DENTON,TEXAS MICHAEL W.JEZ, CITY MANAGER ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HLFpERT L. PROUTY,CITY ATTORNEY 0 BY: i DENTON AFFOF•)ABLE HOUSING CORPORATION BOARD PRESIDENT ATTEST: M BY: SECRETARY ' . Air F ewneorrn�.au¢rwauewwar Page 8 v t I 1 ATTACHMENT"A" WORK STATEMENT Donlon Affordable Housing Corporation The Denton Affordable Housing Corporation(DAHC)was developed to Increase the supply of affordable housing in the Denton area. The organization is designed to cant' out the following activities but is not limited to these: administration,rehabilitation, acquisition, new construction, tenant-based rental assistance and public service programs, Expenditure of City funds,including HOME proceeds, for housing projects is limited to projects within the city limits of Denton. DAHC 's projects and programs will benefit low and moderate Income households. Low and moderate income is defined as households below 80%of the area Income. Funding of$329,682 Is being provided for DAHC's Affordable Homeownershla OppoHunl Program fAHOP1, This will be used to assist in the acquisition and rehabilitation of single family homes In existing Denton neighborhoo4$. Afler rehabilitation,the homes will be sold to first-time, low or moderate-income households. Funds may be used for down payment and closing costs assistance for eligible homebuyers, Up to $73,000 in AHOP funding may be used to pay rehabilitation and site improvement costs for the Toledo Coutl Affordablt Housing Devel pment. These units will also be sold to first-time, low or moderate-income households, The Mockingbird Lane Prolect will culminate in the development of a mirdmum of 15 single family housing units on property donated to and acquired by the Denton Affordable Housing Corporation. The project Includes acquisition of property adjacent to the donated site or(Mockingbird Lane, project planning,site development,construction and sale of the single-family units. An unspecified amount of HOME program proceeds retained by DAHC from previous projects may be used for the project. The Aj' MIable Housing Construction Pro am previously administered by the City of Dentoa will be transferred to DAHC, DAHC will use funding to acquire properties through purchase, donation or other methods properties suitable for construction of single family housing, DAHC will construct single family unit.R in such a way as to make the units affordable for persons of low and moderate-income, Units%vill be sold to income- eligible households. Not more than 7%orthe funds maybe used to assist buyers with down payment and closing costs. Up to $30,000 of the funding provided under this program may be used to support DAHC's transitional housing program. This program is a cooperative effort with HOPE,Inc. Al P.\SHA ILEIY DE Pr LOL�Our DocummuTmuuw,R DAHC WA S utd rd amend doe i Page 9 t. c, to ATTACHMENT"B" PROGRAM BUDGET Denton Affordable Housing Corporation Operating Expenses 586,300-HOME Including salaMea,rent,utilities,telephone,supplies, postage and other eligible operating expenses. i Affordable Homeownership Opportun4 Program $329,682-HOME Acquisition,rehabilitation,down payment and closing costs assistance. Mockingbird Lane Project HOME Ptogram Proceeds An unspecified amount of program proceeds retained by DAHC front previous projects as per the Based Agreement will be used for project de'.Ivery expenses(personnel, supplies, telephone,etc), housing and infrastructure construction costs. Affordable Housing C'oottruction Program $170,000-HOME Program Income• "Projected amount—actual amount will Include remaining budget authority in the City's program as per amendment to 1994 Action Plan approved on May 12, 1998. i i i r,�sEUREtrnErriat`ar ax�mmWConvxa`aTO�HC a�au,sa,n�a,ax Page 10 V l ATTACHMENT"C" 1998 Contract Amendment SCHEDULE OF CONTRACT ACTIVITIES Activity 811999• 1101000- 410112000- 7/0112000- 99 Contract Revised 12131199 3/31/2000 6/30/2000 9/30/2000 Amendment Budget Total ti ro 0 erationslAdmin $5 000 $5 000 $5 000 S5000 $20000 $86 500 d _ A , AHOP Pro rag nt- Ac uisition $5,000 1 Proceeds reinvested to produce additional units -- -$5,000 Rehabilitation Proceeds reinvested to produce additional units $329,682 Tolcdn Court$ S73 000 1 $73,000 1 New Construction infill)" $73437 $30,0001 Proceedsreiavested 0 $140000 Trarsitiono!Housin Develo ment A11 funds have been expended 0 $30000 TOTA1. 1 $156,437 1 $55,0001 $S 000 1 _S5,000 598000 5466 162 J I I I F 4 IA Rt rxotmr0t%Our I x:rchedA N emend doe . I u , c, iW411 NL co* . AG END,1 INFORMATION SHEET -- AGENDA DACE: August 17, 1991 DEPARTMENT: Engineering& Transportation CM/DCM/ACM: Rick Svehlo. Deputy City Manager SUBJECT CONSIDER AN ORDINANCE APPROVING A REAL. ESTATE: CONTRACC hHWEEN THE CITV OF DENTON' AND DENTON CHRISTIAN CHURCH, RELATING TO THE PURCHASE: OF 0.009 ACRES OF LAND FOR T'HE EXPANSION OF U. S. IIIGIIWAV 77 (PARCEL, 33); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR=AND PROVIDING AN EFFE(1'IVE DACE. BACKGROUND. Alice V. Smith, Jimmy Villareal and Clearance Leon Carter for Denton Christian Church have executed a Real Estate Contract for the required right-of-way for the U. S. highway 77 Widening Project. The contract amount or mo.00 is the minimum amount to be offered under TX DOT guidelines. The actual fair market value for the land is $43&00 as determined by an Independent appraiser and reviewed by a separate appraiser for conformity and as required by the Texas Department of Transportation (TiDOT} The Appraiser and Review Appraiser services were approved by the City Council in 1997 (Professional Services Contracts). OPTIONS: Not Applicable RECOMMENDATION: Staff recommends approval of the real estate contract between the City or De:,ton and Denton Christian Church for the purchase U0.009 acres of land for widening U.S. Ilwy. 77. PRIOR AC"1"iU\/REVIEW(Council, Boards.Commissions): 'I he Planning& toning Commission recommended approval on July 23, W. FISCAL, INFORMATION: A$ The purchase price Is S..W.00 plus closing costs orapproximately swoo. r rr � I_ I , I I r i Attached Ndpectfully submitted: Je0jClark, rprector Prep red by: En veering A Transportation I � Paul Williamson Hight-of-Way Agent I i I i i I I I � 1 * I f 2 U Fl K NO SCALE rI lN�� ,0 w ri e • Y I /1• • ow a A Or LOCATION MM 3 r- 3e1 SAC, '9YiSn �H 514200 Q%t tF? LP O. � v �o P FH orm MM 4 f Planning and Zoning Minutes July 23, 1947 Page 2 Ms. Schertz: Are there any otter nominations? If there arse wag,nominations are Clow. We Will vote on the nominees In the order of their nomiaatioa. I will lid their name and t e in favor of 1 droush U you wM raise ;-'au right band If You ate ga burr. As mangy as In favor of Elio Stbl glean n.s.•your right hid. (Vote . 3) As a are by majoft Is men $ahem. �hard. (Vote • 4) The new Chair pmon For the second DLML a we Will be electing Vice-Clair person. The lloor Is open. W. APPte: I Would Me to nominate Bob Powell. Ms. Schertz: Are there any farther m W ations? Mr. Moreno: I would nominate nm liagelbreeht. M many as IC favore r of gob pow dons?? SceWr none, nomins dons are closed, there 13 a msjority, the Dew Vice-CLatr p Y (Vote •&t Seeing Person will be Bob Powell. CoagraatLtipns. M. Consider approval of the minutes of the July 9, 1997 meeting, Ms. Schein: Are there any corrections? Seeing sore, the minutes Will stand approved � as written. IV- Consider making recommendation to the City Couwa for the acquWdon of the Right-of• Way for U.S. 371 from F.M, 2164 to I.3S. i Mr. Powell: That's not 377 but is 77. Ms. Schertzt You are cormt. Let the m1wtes reflect that, Mr• Powell: I Would move that we recommend to the City Cpuoci! the acqutsirion of Right-of-W&7 for US 77 From FM 2164 to I.35. Ms. Gamer: Second. Ms. Schettz: Is there any dlutusion? AD to&vor, Please min your tight hand. Motion Passes. (7-0) V. Consider malting t'ecantmendation to the City Coma for the acquialdoat of the . Way far Lakeview Bouk"rd• t-of. , Powell: I mow that we malts mco�stior to the City Conacli ft the acoWdpss of the Right-f•Way,for Lahview Boulevard. I Mr. Eagelbrecht: Second, 5 t> i ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND DENTON CHRISTIAN CHURCH RELATING TO THE PURCHASE OF 0.009 ACRES OF LAND FOR THE EXPANSION OF V. S. HIGHWAY 77 (PARCEL 35); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON,'IEXAS HEREBY ORDAINS: SECTION I. That the City Manager Is hereby authorized to execute a Real Estate Contract between the City sod Denton Christian Church, in substantially the forth of the Real Estate Contract which is attached to and mane a pars of this ordinance for all purposes, for the purchase of 0.009 acres of land for the expansion of U.S.Highway 77(Parcel 35). SECTION 2. That the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY i ,�(( , / BY: �..c�rl..t. � 6 n t REAL ESTATE CONTRACT STATE 01 TEXAS COUNTY 01 DENTON THIS CONTRACT OF SALE in made by and between DENTON CHRISTIAN CHURCH (hereinafter referred to a■ 08e11e0) and CITY OF DENTON, TEXAS, a home rule municipality, of Dentons Denton County, Texas, (hereinafter referred to as ■Purchaser") , upon the terms and conditions met forth herein. PURCHASE AND SALE Seller hereby molls and agrees to convoy, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit PA• attached with all rights and appurtenances pertaining to the said property, including any right, title and intorent of Boller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the •Property$) , together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. Boller shall pay all cost j for the removal, installation, construction, reinstallation, j reconstruction, labor and materials for any and/or Improvements located within the property described in Exhibit 'A• . Any improvements not removed by September 30, 1999 shall become property of the City of Denton, Texaco. j I PURCRABE PRICE i 1, Amount of Purchase Price. The purchase price for the Property shall be the sum of $900.00. 2. pa ant of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. PURCRASS111 OELIGATION8 The obligations of Purchaser hereunder to consuassate the transactions contemplated hereby are subjact to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 7 C' 1. p�iillmiaary Ti 1s 11RALG• Within twenty (20) days after " the date hereof, Seller, at Seller's sole cost and expense* shall have caused the Title Company (hereinafter defined) to issue a owners policy commitment (the •Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-nay, etc. , affecting the Property, Purchaser shall give Seller written notice on or before the expiration of tan (10) days after Purchaser receives the Commitment that the condition of title as set forth in tfa Commitment is or is not satisfactory. In the event Purchaser States the condition of title is not satisfactory, Seller shall, at Seller's option, promptly, undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposesi otherwise, this condition shall be deemed to be acceptable and any ubjettion thereto shall be deemed to have been waived for all purposes. 9 . Survey. Purchaser ay, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall Not forth the number of total screa comprising the Property, together with a notes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the areat the survey is unacceptable, then Purchaser shall within the ton (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify-the unacceptable portions of the survey to the reasonable Satisfaction of rurchaser. in the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may tarainate this Agreement, and the Agreement shall thereupon be null and void for al) purposes and the lscrow r Deposit shall be returned by the Title Company to rarchaser, A , Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's accaptanas of the survey. AEEOOM PAGI 7 a I� i c. 3. Seller's CMItance. seller shall have performed, ch. served, and complied with all o9 the covenants, ailreemonts, and conditions required by this Agroomout to be perfonied, observed, and complied with by Boller prior to or as of the etosing. 11PREBrNTATION9 AND NARRANTIRS Of BRLLRR Boller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be domed made by Boller to Purchaser also as of the closing date, 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. 2. b:cept for the prior actions of Purchaser, there is no pending oi: threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Boller is any such proceeding or asaeesment contemplated by any governmental authority. 3, seller has complied with all applicable lava, ordinances, regulationo, statutes, rules and restrictions relating to the Property, or any part tLersof. 4. To the best of the sallerrs knowledge, there are no toxic or hazardots wastes or materials on or within the Property. such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Rssourue Conservation and Recovery Act (RCRA) , as amended, and the C'►mprohonsive Ruvironmental Response Compensation and Liability lot (CERCLA) , as amended. CLOSM The closing shall be held at the office of Vantax Title Company on or before September 30,1999, or at such title company, time, date, and place as Boller and Purchaser may mutually agree upon (which data is herein referred to as the "closing datelt) . ABE'00lf6 pAp= � 9 � I I i I i CLOSIVO R=QQIRZMRRTB a 1. flalier�e Ranuiramants. At the Closing Boller shalli A- Deliver to State o! Taxes, acting by and through the Texas Transportation Commission a duly executed and acknowledged Dead and Drainage easwoent Documents in the forms as attaebot hereto as Rxhibit "S" conveying good and marketable title to all of the Property, free and clear of any and all lions, encumbrances, conditions, easements, assessments, and restrictions, except for the followings 1. General real estate taxes for the year of closing and subsequent years not yet due and payablet 2. Any exceptions approved by Purchaser pursuant to purchased■ Oblicatians here- aft and 3. Any exceptions approved by Purchaser In writing. 1. Deliver to Purchaser a Texas Owner1c Policy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the ■Title Company") , or such title company as Boller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase price, 1nsuriz7 fee simple title for the State of Texas to the Property subject only to those title exceptions listed in Cloaina hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas owners Policy of Title Insurance, provided, howenre 1. The boundary and survey exceptions chall be deleted if required by Purchaser and if so required, the Costs asrociated with same shall be home by Purchaser) r 2 . TLe exception as to restrictive cove- nante aba11 be endorsed ■!tone of Record■ { 11&BOOeF6 PAGE e 10 n c 3. The exception for taxes shall be limited to the year of closing and shall be endorsed Not Yet Due and Payable•t and 4. The exception as to liens encumbering the Property shall be endorsed "None of Record'. C. Deliver to Purchaser possession of the Property on the day of closing, T. Purchaser's ReQciremants. Purchaser shall pay the consideration as referenced in the 'Purchase Price• section of this contract at Closing in immedi%tely available funds. 3. Closinc Coats. Boller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically alloetted herein shall be paid by Purchaser REAL ESTATE CONM MON All obligations of the Boller and Purohaser for payment of brokers' fees are contained in separate written agreements. EREACR By IMIR In the event seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser' s default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to seller. BREACH BY MCHABER in the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set !orth in PURCHASER'S OBLIOATIONS hav!ng been satisfied and Purchaser being in default Seller may either enforce specific � performance of this Agreement, or tortAnate this Agreement by A written notice delivered to purchaser. �/� r AEEDOBF6 PAOE S 11 C' ' i128CSLLAIi=OOS � 1. aaaigt -eat of Aareement, This Agreement may be assigned by Purchaser without the express written consent of seller. 2, survival of Covenants. Any of the representations, wr.r- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United states mail, postage prepaid, certified mail, return receipt requested, addressed to Boller or purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. 1"a■ Law to Annly. This Agreement shell be construed under and in accordance with the laws of the state of Texas, and all obliiations of the parties crasted hereunder are performable in Denton County, Texas. 3. Parties Mound. This Agreement shall be binding upon and inurs to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. S. Legal Construction. In case any one or more of the pro• visions contained in this Agreement shall for any reason be held to be invalid, 1110901, or unenforceable in any respect, said in- validity, illegality, or unonforceability shall not affect any other provision hereof, and this Agreement shall be construed so if the invalid, illegal, or unenforceable provision had never been contained heroin. 7• Prior Agroaza Munarmaded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. S. Time of Romance. Time is of the essence in this Agreement. A, r AEF.00bFS pApr I 12 IMMOMMMI c• I I i ' t 9• gludw. Words of any gander used in this Agreesaat shall �• held *#d construed to include any other gender, and words in the singular number shall be hold to include the plural, and vice versa, unless the Context requires otherwise, 10. !WUAndnm of eon r f, upon request of either both parties shsll party, psoaAptly execute a manorandua of this Agreement Suitable for filing of record. 31. Gl. In accordanoe with the requirements of the Texas Real estate Lie*aa* Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time L AU. In the *Vent a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers sage to Sel- ler, Purchaser shall have the right to terminate Chia Agreement Upon written notice to Seller. DATIM this --l_'�h day of JUL2__, 1999, SELLER PORCHASER ' DsNTON CHRISTIAN CHQRCH THR CITY Of DYNTOU, T&W HY R CA.; Al iee V. smith iYx 1lioha*1 M. J*s by City Manager Qimmy Villareal 215 X. McKinney Denten, Texas 76201 " Clearance Leon Carter A¢s00BPB PADS Y 17 Jc , F I i i I STATE OP TkXA8 COUNTY OF DXNTON This instrument is acknowledged before ma, on this day of,___ 1999 by Michael W. Jet, City Manager, of the City of Denton, a municipal corporation, known to as to be the psrson and offioer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was daly authorized to perform the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. brotary public in and for the State of Texas STATE OF TEXAS COUNTY OF DENT= This instrument is acknowledged before me, on this '4I day of E 1999 by Lliee V. Smith. WZazuMtLAY1`10 h.atironsq�"01:01 Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this WK day of 1999 by Jimmy Villareal.. 000000000eoepopoper„ / / . 0. r ►�aG Notary Public in a d for �`'`,'•••°� WESOtzo11 the State of Texas AEE006FE PA06 11 i i i f, I I •I sTATP c'V TZZAR COM= Of M CM This instrument is ack"wledped before me, on this A4L day of Lni loss by Clearance Ldbpq out Ph i vie 000O0o0o00 j � *f �M Notary Public is and for 4 01� the state of Texas i I I Atcaoers PA09 9 � I 75 0 b I County Qj= btH1 SIT'A' wghw&y U.S. 77 Pape 1 of 1 Protect Umita: From U 00 Rev. September 15, 1094 CSJ: 01 QS-02- To Account: FIELD NOTES FOR PARCEL, REINQ A PARCEL OF LAND SITUATED IN A CALLED 6.316-ACRE TRACT OF LAND CONVEYED TO DENTON E CHF.ISTtAN CHURCH,RECORDED IN VOLUME 699,PAGE 251,DEED RECORDS OF DENTON COUNTY, TEXAS ID'iOCTI. AND BEINU SITU\TED IN THE 8.8.8. l C.A.R. SURVEY, ABSTRACT NO. 188, CITY OF DENTON, OLNTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING for reference at a found 1/24nch Iron rod for the southeast comer of Lot Ono-E of the rapist of Unit One, Block fine,of the Denton Ncrth Addidom retarded in Cabinet H, Pape 383,DRDCT, same being a point an the welt line of Bald Denton Christian Church tract and existing north right of way One of U.S. 771 THENCE S 01102- 24 W, &long the west One of sold Denton Chrleden Church tract, a distance of 31.41 feet to a point being the southwest comer of Bald Denton Chriadon Church tract, some being a point on the existing north right of way One of U.S. 77; THENCE S 686 46157" E, 81009 the existing north tight of way line of U.S. 77 and south property One of said Denton Christian Church tract, a distance of 108.13 feet to a Bat 6!8-inch Iron rod with an aluminum cep for the POINT OF BEGINNING and being on the new north right of way One of U.S. 771 11 l THENCE N 800 01' 43' E. crostlnp laid Denton Christian Church tract and along the mew north Fight of WAY Ant of U.S. 77, a distance of 30.00 feet to a set 6/8 Inch Iron rod with an aluminum top, said point being on the lost In*of gild Denton Christian Church trial, and same being on i the exlWng west right of way One of Joyce Lane 100 f)ot right of way); 121 THENCE S 010 08' 03' W, along s 6ne common to laid Denton Christian Church tract and laid road, 8 distance of 27.40 foot to a polm,being the southeast comer of said Denton Chriadan Church tract, and Ba;.1 point being on the existing north right of way An*of said U.S, 77, (3) THENCE N 580 48, 67' W, along a One Common to Sold Oanttn Christian Church tract, and existing north right of way one of Bald U.S. 77, a distance of 32.15 feat to the POINT OF BEGINNING, and containing 0.009 acre, a 381 square flat of land, more or less. John F. Wilder, R.P.L,S. Texas Dote Taxae No. 4286 ,�, �„u„ .. JO ,,� NF.�WIL N,, � k 3 i J , 6NNlIN 16 l t+ 76xu D q so of 71ogwtlr.s L7lRIDIS "a" • l+es D•IS•It rose I of I RAW. *91 DEED TWI STATB OM (AS COUNTY uF XNOW ALL MB'N BY TMU MS"VMs k i Thkf� Of she Comfy of ,Snte o heredoa 1a rdbrred to as Onwo s,whedta one or more,for an m confide aft a the sttm ed wnhand�paE ;'%@ ten of Talmo U oS by and the raw'Mmpoetadn on,- of Itestby adtnonledpd,aad for which no HrR sett4eed,agar eRA... htw Coo dsy sold acrd by duce do Grant,BaepbN SA and Cmmy men fife Stan of Tatar. that amain j trot a pastel of land btu Tmr.more pardml�rly detr &ed in Bx- hibh"A,"which L attadrad hereto end patio Doc eegr tad all j , 1 , ee. SAVE and EXCEPT, 90WEVRR,h L eapseedy trtdnatood ad agreed that Grantors aA roWntas We to fife fdlowlsts iatp OW-1ma WNWWO on the ptcparty duv&W ht saW R%hA&"A,"to wit Graeeors cowdmt Ind ajtry to rattsene the the day of 19�,aob jaa,httoom to mob adaodom odd=m m4'be firsts p my�coadd�,*A or my ppw sub � not to raaoved s6aG peer to and"it is Sher Stay of?ew tbnret: Omlors resem all of the oil, tad enWw 5t and @@&do Lod htuelo btu waiw all A of invesr aad,Seto to the stttw thtaeed fa fire of espiO tp,fir minioS a&MliS for same;however,rtotittop!a fhb nea►adoR shall aelkt 68 silo sod ties of the to talon tend and other n*wrals and snanriils Gaston,Ibnein gad dw,%2 f. r / A, 17 `p C I I it I Teau Dep"mom of 7}rnepomdon Poems D-IS-14 Pyi 2 of s Rev. *V l TO HAVE AND TO HOLD do pnmL"$besets desMZW mW herein conveyed toptiser with all and dn(Itd ar the end±�t enancw thereto to any win beloeu(g unto the State of wW and Its sauna forever,and (Trenton slo hereby bind muselm,our help,executors, administrators,sucemors Ind u• Texas end Its acct and Forever Defend all and abluin the=plentlaes herein tee*�o die State of thereof, against every person whomsaover lly claim ar to ciatm the same as coy part IN WITNESS WHEREOF,thla losquntent b eeteeeted on this the day of 3 ii#i#N#i iiiri####r�Ngr#iii#iri#####iii#i#ipiii#ii##N#iiiriiiiiiiirriiHrNb Ne THE STATE OF TEXAS, A OWLZDOMENT 'COUNTY OF ' BEFORE ME, dw uod W$wd, s Koury public,oe thin dry pseiossay rppeatad kwwo to ma (of proved to me on the oath of , a cmdlble wimusi to be the poneo(s)whose �(s)h(me)suWaNd to the fonsotog im meot and aelmowled*to me thm 6eNheAhey auleabd 1b acme for the ptuposes rod eoodderasios thaefa espnssad OIM UNDER MY II M AND sEAL Op OFFICE, this day of lletery PebBe,st"of hw MyODOMWereaOu"em 6yof ♦#ici#riiw#iiiiwiri###Ni###/4M#i1#i##i##riiiaii#iririieairaarrriaiaiia##fir THE STATE OF TEXAS, CORPORATZ ACJKNOWLEDOMRNT COUNTY OA BEFORE ME, the mhdudpted,a�Notary PW4k,as thh day ppso=Uy appeemd ma to be tha pmoe and ofdlcww whose arse Is elimmOld la 1111 leebsewet and aeb n to wu the Oct of the aid a1 pom to tw that I�Sa wee duty authoeteed to � a wporndn d d t h 6e wa Psa<�+�um by appsopdre nlaohtdae of tha baetd aldhaeton of ouch eapoerios asd 11et hglaha executed the came m the ad etsw h e xpomdoo Av the palpew ad eowdetadoo dwWa eapemled set in the osPsahy dweia 0410.' Gr M UNDER MY HAND AND UU OF O.nMCB, dtL �_day of No"Pohle,awe at 74am My Commission*%Phu on� _day of 18 1, i 1 Twr upu�.�e of'11.mperrda. ' RaeAlf14 Iti r f of 3 Rw. "I Anti fttor4w, pt"" chore th4 buirumm! tot i I CRRTMCATS U.? WORDING THL STATE OF T XAB, COUNTY OF i rrA , r C N,,. 35' AGENDA INFORMATION SHEE i' AGENDA DATE: August 17, 1999 DEPARTMENT: Engineering& Transportation CM/DCM/ACM: Rick Svehla,Deputy City Manager SUBJECTi CONSIDER AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND W.C. OR& 111, GENA ORR WILKS, DOROTHY ORR STOVAL, ROBERT EDMOND ORR, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF WALTER E. ORR,SHARON ORR DUNCAN, MARILYN B. SLAVGHER ORR AND CONNIE GRIFFITH, RELATING TO THE PURCHASE OF 1.370 ACRES OF LA,VD FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL 40); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORI AND PROVIDING AN CFFECTIVE DATE. BACKGROUND: Mr. W.C.Orr, III et al hove eiecuted a Real Estafr Contract for the required right-of--way for the U. S.Highway 77 Widening Project. The cortract amount of$71,588.00 Is based on the fair market value for the land and Improvements as deteru:ined by an Independent appraiser and reviewed by a separate appraiser for conformity and u required by the Tesu Department of Transportation (TsDOT). The Appraiser end Review Appralser services were approved by the City Council in 1"7(Professional Services Contracts). OPTIONS: Not Applicable RECOMMENDATIONI Staff recommr ids approval of the real"fate contract between the City of Denton and Mr. Orr,III,et el far the purchase of 1.370 acres of land for widening U.S. Hwy.77. PRIORACTL.. ,iREVIEW(CouneU. BoardLComminionsI The Planning& Zoning Cgmm',sslon recommended approval on July 23, 1997. FISCAL INFORMATION The purchase price is$71,588.00 plus closing costs of opprosimstely 51,000.00. ! 1 1 u i MAP. a. Attached Respectfutly submitted: Je lark,#irtoor Prepareedby/a EAgWhring Troasportatioa Paul Wlltlamsoa Right-of-Way Agent I c� M NO SCALE 1 tl 4+ L Y I I M- I /i I i LOCATION MAP { c� I i J!!• .. { I a ; i I 1 v ! 69W S.F. OR 1.370 AC. j REM. • 0.000 AC. .I� c � r I !r r ; wr�enleus ` l ' v �.. .. > 1TR rAP i C PlInning and Zoning Minutes July 23, 1997 Page 2 Ms. Schertz: Are there Any other nominations? if there are none,nominations Are closed. We will vote on the nominees In the order of their nominadoa I will list their name and then after I am through If you will ralse your right hand if you are in favor. As many, as are in favor of Ilm Engelbrecht place raise your right hand. (Vote - 3) As msny u Are In favor of Ellen Schertz please raise your right hand. (Vote - 4) The new Chair person by maJorit,) Is Ellen Schertz. Thank you. For the second Dominee we will be electing Vice-ChAlr person. The floor is open Ms, Apple: I would like 10 nominate Bob Powell. Ms. Schertz: Are them cry further nominations? Mr. Moreno: I would nominate JIm Eagetbrecht. Ms. Schertz: Are there any further Dominations? Seeing none, nominations are closed. As many As are In favor of Bob Powell, please salsa your right hand. (Vote - 4) Sating there Is a majority, the new Vice-Chair person will be Bob Powell. Congratulations. III. Consider approval of the minutes of the July 9, 1997 meeting. Ms. Schertz: Are there aq As written, cornctiom7 Seeing none, the minutes will gland Approved IV, Consider making recommendation to the City Council for the acquisition of the Right-of. Way for U.S. 377 from P.M. 2164 to 1-33. Mr. Powell: That's not 377 but is 77. Ms, Schertz: You Are correct. Let the mimrsea reflect that Mr. Powell: I would move that we mommeod to the City Couaeil the acquisition of Right-of-Wsy for US 77 from FM 2164 to I.35, Ms. Gamer: Second, Ms. Schein: h there any dlnuulon? All In favor, Plem talc You H&hand. Motion per, (7-0) V. Consider commendation to dA City Council for the acquisition of the Right-of-Way ! r for takeyliew Mr. Powell: I move that we MAIN recommeadation to the City Council for the Acquisition Of the Rl >ih t-0f•Wa Y for Lalavkw goulavard, Mr. Eagdbmcht: Second. s 5 t c, I ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND W.C. ORR, II, GENA ORR WILKS, DOROTHY ORR STOVAL, ROBERT EDMOND ORR, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF WALTER E. ORR, SHARON ORR DUNCAN, AND CONNIE GRIFFITH; RELATING TO THE PURCHASE OF 1.370 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL 40); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON,TEXAS HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute a Real Estate Contract between the City and W.C. Orr, III, Lena Orr Willa, Dorothy Orr Stovol, Robert Edmond Orr, Individually and as Independent Executor of the Estate of Walter E. Orr, Sharon Orr Dunean, and Connie Griffith, in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of 1.370 acres of land for the expansion of U. S.Highway 77(Parcel 43). SECTION I. r%At the City Manager is authorized to make the expenditures u ant forth in the attached Real Estate Contract, SECTION W. That this ordinance shad become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1499. JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVE, AS TO LEGAL FORM: HERBERT L.PROUTY,CITY ATTORNEY BY. If b REAL sST7l37t =TRACT STATE Or TEES COUNTY OF DENTON THIS CONTA7►CT OP SALE ! I cads by and between M.C. ORA, =NA On 1121.X8, DOAOM on SWMJ A03EAT ED2 m Out INDIVmmm and as nWZPMZNT EEECUM of the ESTM of NUT= E. one 83� "��CA nd � MZMWR (berainaftar Worried to as Denton, Denton C , TE9a9, a boas rule municipality, of ty$ Tm*, (hereinafter referred to as "Purchaser") , open a texas and conditions net forth herein. THE ESTATE OF NARILYN B. SLAUGHTER ORR. PUACNLU AID SALE Seller hereby 04111 and mormas to convey, and Purchaser hereby purchases and &grass to pay for all that certain tract, lot ar parcel of land described in Eshibit "A" attached wish all rights and appurtenances pertaining to the said property, including nay right, title and interest of Seller in and to adjacent stresta, alleys Or rights-of"my (all of such real prop- erty, rights, and appnstenAftme being hereinafter referred to as the "Proparty"J , to9etbwr with nay ism+rorements, fixtures, and Personal property situated an and attached to the 4r0perty, for the consideration and upon and **bjeat to the tads, proeis ions, and conditions hereinafter set forth. faller *hall pay all east for the resoral, installation, construction, reinstallation, reconstruction, labor and materials for any and/or reyaaen located within the property desmribed in Exhibit "A" y imProveeeats not rean od by gyms It 1999 shall booms property of the City of Denton, Tomas. VWWMM MICE 1. Amunt of rahaso Was, The purchase price for the Property *hall be the sue of 71,SSlI.00. + 2. Payment at Pnrnhaae frioe. ?he full amount of the purchase Price shall be payable in aa&h at the closing. PUACLU=,S affJ= ' =8 1 The obligations of purchaser b"w4mder to onas%mate the � A tram*&cti*na contaeplated busby am subjeob to the *atistaotion Of each of the following conditions nay (Of which mar be waived in whole or in part by pnroh&*ar at or prior to the *losing. 1 i I 1, Preliminary Title Re*ort. Within twenty (20) days after the date hereof, Seller, at Seller' s sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owners policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc. , affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory, in the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes; otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. Sy. Purchaser sure at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, cc other water courses, fences, easements, and rights-of- way on or adjacent to the Property, it any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a rotes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written Doti** of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of k,:e survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser say terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Rearow Deposit rhall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey, / 1 • 3. Boller' s Commltance, Seller shall have performed, ob- �f served, and complied with all of the covenants, agreesontse and At800SPS PA= 2 8 t I conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REFRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other Parties. 2 . Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Sallor is any such proceeding or assessment contemplated by any governvental authority. 3. Seller has complied with all applicable laws, ordim?mces, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To tho best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA) I as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) , as amended. CLOSING 'the closing shall be hold at the office of Dentax Titlq Company on or before June 30, 1999, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (whi.h data is herein referred to as the "closing date") . CLOSING RZWIR04ENTS I. Sollar's Requirements. At the closing Seller shall: A. Delivar to State of Texas, acting by and through the Texas Transportation Commission a duly executed and acknowledged Deed in the form As attached hereto as Exhibit "B" conveying good and marketable title to all of AEE009FE PAGE 3 9 i 1 . 1� 1 I I yy T thi Prope'Tty, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: 1. General real estate taxes for the year of closing and subsequent years not yet due and payable; 2. Any exceptions approved by Purchaser pirsuant to Purchaser's Obligations Mrs- of; and 3. Any exceptions approved by purchaser in writing. B- Deliver to Purchaser a Texas C'wner's Policy Of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the "Title Company") , or such title company as Seller and Purchaser may witnally agree upon, in Purchaser's favor in the lull amnunt of the purchase price, insuring fee simple title for the State of Texas to the Property subject only to those title exceptions listed in Closing Reauirsrents hereof, I such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual torn of Texas Owner's Policy of Title Insurance, provided, however: i 1. The boundary and survey exceptions Mall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Purchaser; 2. The exception as to restrictive cove- nants shall be endorsed "bone of Record"; 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and 4. The exception as to liens encumbering the Property shall be endorsed "Mons of Record". A, , C. Deliver to Purchaser possession of the Property on the day of closing. AE&008FE PALS 1 10 1 1 i it 2 . Purchaser's Requirsaen ta. purchaser shall pay the consideration as referenced in the npurahase Price" section of this contract at Closing in immediately available funds. 3. Closing Costs. Seller shall pay all taxes amseseed by any tax collection authority through the date of Closing. All other costs and axpennes of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser and Seller. REAL ESTATE COW ISSIG'M All obligations of the Seller and Purchaser for payment of brokers' fees are contained in separate written agreements. BREACH BY SELLER j 1 In the event Seller shall fail to fully uid Uzoly perform any of its obligations hereunder or shall fail to consummate tLe sale, of the Property except Purchaser's default, Purchaser may either enforce specific performance of this AgroemenL or terminate this Agreement by written notice delivered to Seller. i BRUCE BY PURCHASER In the event Purchaser should fall to consummate the purchase of the Property, the conditions to Purchaser's obligations sat forth in PURCEAS8A'S OBLIGATIONS having been satisfied 4u.4 Purchaser being in default Seller may either enforce specific performancs of this Agreement, or terminate this Agreement by written notice delivered to purchaser. MISCELLANEOUS 1. Assignment of Agreement. This Agreement may be assigned by Purchaser without the express written consent of Seller. 2. Survival of Covenants. Any of the representations, war- ranties, covenanta, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. !�' AF.E008FE PAGE S 11 3. Notice. Any notices required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified sail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas, S. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Legal Constructioa. In Case any one or more of the pro- visions contained in this Agressisat shall for any reason be held to be invalid, illegal, or unenforceable in any respect,t said in- validity, illegality, or unenforctibility shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision bad never been contained herein. 7. Prior Agreements Superseded, This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject mutter. 8. Ties of Essence. Tice is of the essence in this Agreement. 9. Gander. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in t" singular number shall be hold to inc7nda the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. UFon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of rtoord. 11. Compliance. Yn accordance with the requirseents of the Texas Steal Estate Liconsc Act, Purchaser is hereby advised that ' it should be furnished with or obtain a policy of title insurance �, c or Purchaser ahoutd have the abstract covering the Property examined by an attorney of Purchaser's own selection. AEE008rZ PAGE 6 l2 {r (1 y 12. Tice Limit. In the Gnat a fully executed Copy of this Agreement has not been returned to Purchaser within tea (10) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon writtan notice to Seller. DATED this day of , 1999. SELLER PORCRASER THE CITY OF DMITONt TEES$ N.C. ORR, III Michael M. Jos QraNA OAR Wk KS City Manager U , �O n 215 E. WeRinnoy ,A Denton, Texas 75201 OPR MILKS AM am -0099M I D9P64i!-E�R-i*2dM11L rOAiL. AEffi0081E PAGE 7 13 r 1 I I � I I t i i 12 . Time Limit. In tke event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the rip' t to terminate this Agreement upon written notice to Seller. DATED this day of , 1999. SELLER PURCHASER THE CITY OF DENTON, TEXAS BY: s e9r 2L" ik'nneib OWnton, DOROTHY OP STOVAL ASOMW BONN* —S1fDTlwfHyllL I o I C I AEEOOSFE PAGE JIB 14 I I c, 12 . Time Limit. In the avant a fully executed copy of this Agreement has not been returned to Purchaser within ton(iO) days after Purchaser executes this Agreement aria delivers same to Bel- last Purchaser shall have the right to terminate this Agreement upon written notice to Seller. DATED this day of , 1999. SELLER PURCHASER THE CITY Or DZNTON, TENS i i BY: � DOROTHY ORR STOVAL v ROBERT oRA, INDrnDUAL and as tPEtiDSITf MCMOR of the STATE of WALTIR !. ORR SHARON ORR DUNCAN N 1 " At .i G t A6E00SFE PAGE �s 12. Tim& Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers sane to Bol- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. DATED this day of , 1999. SELLER PVRCBASZR TRS CITY or DEN", T"" BY: W- � alit ltse3-iPa-r7&a e�c e 1isf�r:y, 1 a , of , t 1 ' CONNIE GRIMM vv l0 AMOSPE PACE 16 I` 1 I I i I I 12. , Time Limit. In the event a fully "Muted Copy of this Agreement has not been returned to Purchaser within tan 'Art PurChaaor shall Latices 4xa~At and delivers �1to �R upon written notice to Boller, right taale this Agreement DAT= this day of 1999. 8EILSR Pmumum TXZ CITY or DXNTw' TZZU mot BY: QBN � 2]a l �1�4-0Ril, i1�IdSB'� i :rte. , D"i �lil61 i 1 WILLIAM D. RUC RMANO ADMINISTRATOR FOR THE ESTATE of MABILYN B. SLAUCBTER ORR r r - AsROUBra 17 III I. r t i i STATE OF TEXAS COUM OF DZNTON This instrument is acknowledged before as, on this _ day of �_, 1999 by Michael K. Jsx, City Manager, of the City Of Denton, a municipal corporation, known to as to be the person and officer whose name is subsoribsd to the foregoing instrument and acknowledged to r that the same was the act of the Said City Of Denton, Texas, a municipal corporation, that he was duly authorised to perform the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therain stated. Notary Public in and for the State of Texas STATE OF TEXAS CoONTY OF DENTON This instrument is acknowledged n� , 1994 oZ before me, on this 4 t by N.C. OAR, iIi. day of a.onw MAryPt k"dT.. Public in and for Stag of Texas STATE OF TEXAS COUNTY of DENTON This instrument is acknowledged before me, on this 6214-K day of 199A. by =1A ORR WILRB. I I A 1M QLOFgA T.F" IYY'f'►iYCMdr�T�r NftJqry Public in and for f1/ 2W3 State of Texas , A ll� 1 I AEE0O3FE PAGI of/L j i [8 { G c STATUTORY DURABLE POWER OF ATTORNEY FOR GENA ORR WILRS t, Gena Orr Wilks, appoint William C. Orr, III, as my agent (attorney-in-fact) to act for me in any lawful way with respect to the following subjects listed in A through M: A. real property transactions; B. tangible personal property transactions; C. stock and bond transactions; D. commodity and option transactions; E. banking and other finaricial institution transactions; F. business operating transactions; G. insurance and annuity transactions; H. estate, trust, and other beneficiary transactions; I. claims and litigation; 1. personal and family maintenance; K. benefits from social security, Medicare, Medicaid, other governmental programs or civil or military service; L. retirement plan transactions; M. tax matters. I understand that these subjects are defined in the Durable Power of Attorney Act, Chapter r XII, Texas Probate Code. I intend for my agent to have all of the powers in relation to each ' A}, subject as described in the Durable Power of Attorney Act. 11' owwk Paw of Mang for Gun On woo.Pip 1 i9 r In addition, my agent will have the authority to make gifts of assets not required for my support for the purpose of establishing or continuing a plan designed to minimize income, estate, inheritance or other taxes payable by me or as a result of my death. Such gifts may be made to my descendants, any devisee named in my last will, or any charity qualified to receive deductible gifts under the Internal Revenue Code. These individuals authorized to receive gifts shall include my agent. My agent shall also have the power to lease real property for oil, gas, and mineral purposes, to make contracts for mineral developments, to make pooling and unitization agreements, or either, all on such terms and with such agreements as my agent deems proper or necessary. This document is to be construed as a general power of atsorney vesting in my agent complete and absolute authority, without my joinder or consent, to transact for me and on my behalf any and 0 business I might transact if personally present and acting. Any transaction completed on my behalf by my agent will be binding upon me, my estate, and my successors and assigns. My agent may execute affidavits as set out in the following sections quoted fron the Durable Power of Attorney Act: Sec. 487, AFFIDAWTOF LACK OFKNOK.E'DGEORTERMINATION OF POA'ER,• RECORDING. (a)At to aces undertaken in good faith reliance on the durable power of attorney, an afj4davfr executed by the ratorney in fact or agent undo a durable power of anorney stating that the anarnry In fact or agent did not have at the time of exercise of the power actual knowkage of the terminadon of the power by revocation, by the principal's death, or by the quol ficadon 01a guardian of the estate of the priw'pa I is conclusive proof as between the attorney in fact or agent and a person other than the principal or the principal's personal representative dealing with the attorney In fact or agent of the nonrcvocadon or none urination of the pcnver at that time. (b) As to acts underaken in good faint reliance on the durable power of attorney, an affidavit fo:ecuted by the attorney In fact or agent under a durable power of anorney staring that the principal is disabled or incapacitated, ar defined by the power, %r conclusive proof as between the anorrey in fact or agent and a person other than the prinupel or the principal's personal representative dealing with the anorney bt fact or agent of the dhability or incapacity of the prin:ipol at that time. I request that any person deaing with my agent under this durable power of attorney accept these affidavits as -mrtclusiv: as required by the act. r This power of attorney is not .effected by my subsequent disability or incapacity. I realize that h ? this power of attorney will becrme effective on the date it is executed. Dnl*Pony of AUMNY fa Guru Cn W" P"d 2 �T i 2D r: I agree that any third party who receives a copy of this document may act under It. Revocation of the durable power of attorney is not effective as to a third parry untii the third parry receives actual notice of the revocation. I agree to Indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. i If any agent named by me dies, becomes legally disabled, resigns, or refuses to act. I name the following (each to act alone and successively, in the order named) as successors) to that agent: Successor.. 1. Dorothy Orr Stovall Signed this 19`8ayof Ail?. 19i< r Qt u- Lena Orr Wilk; 2500 Hinkle Drive Apartment 320C Denton, Texas 76201 SSC 136.28-4683 State of Texas 4 County of Denton ¢ This document was acknowledged before me on �" 1996, by Cerra Orr Wilks. —7 7hAamo ry Pubdie, Ste of Texas Iswl Ew- 6W rery w„IRof o o ~ 4nnw I I OWM Potty W Iamwr IW Caw on Wr",pop 3 21 STATZ OF MAS COUNTY OF DEMMN TA" WK�- This i atrument is acknowledged before me, on this �� day of 194y by DOROTHY ORR STOVAL. . ..rLYtWayss�Y�''Y .. ,r KIMURIY 4 M Lc�� r f1 ST otarY li in and for • 9ta • of Texas STATE OF TEXAS CO DENTON This instrument acknowledged before me, on thin da of 199_ by AT ICD140ND ORR. Y l Notary lic in and for the state Texas ST�-QF TEXAS COUNTY 0� 'DENTON This instrument id-a9knowledged before me, on this day of 199 by SHARON ORR DUNCAN. Notary-P"% Iio in and for the State o xas ST OF TEXAS COUNTY WON This instrument is nowledged before m•, on this day of 199` by C UMITE. i ' . Notary Pub in and for ' 1, 1 the State of as AEE008F'E PAG9 21 V f i I I II STATE OF TEXAS COUNTY OF DE27T014 This instrument is ibknowladged before me, on this day of 199_ by DOR'O'THY ORR STOVAL. Notary Publ in and for the State o! 2�exaa STATE OF TEXAS pp� / /J �\ COUNTY OF av""N AL a kL1.4FL Th s instrument is acknowledged before me, on this —L3!!-day of l , 19.91 by ROBERT EDMOND OAR', MNYA KW too@ OAVIINORT G A U'l /� �►wr�� w�� Notary io in and Dbr the State of Texas STATE OF TEXAS (N COMITY OF—Dop (J' bN v'frf a0014 This instrument is acknowledged before me, on this IYA day of r , 1991 by BRARON ORR DUNCAN. ADfWWtLEAL Notary Public in and for " the Stato of Texas AO 01,1011 S'OF TEXAS COUNTY WON A. This instrument is owledged before me, on this day of 199W by C ORZrrxTB. r Notary Publi and for t l r the State of Texs. AECOME PACE 23 ST A T}X" COUNTY OF This instrument is ac wledged before ms, on this day of 199_ by DORO ORR STOVAL. i Notary Publ in and for the State of T STATE COUNTY OF D This instrument is ackno before me, on this day of 199_ by ROBERT ORR. Notary Public nd for the State of Texas I STATE COUNTY OF D This instrument is ackno dqsd batore me, on this day of 199r by SHARON DUNCAN, Notary Pub in aid for the State of T STATE OF 7mgm Louis 4t COUNTY of UmoN Q , T !s nstrumont is acknowledged before me, on this day of 1991_ by COME: CRIFFITS. r � Notary Public in and r; f / ; r the State of Teams- �Sl4 M4 AEEO ME PAIL ly 24 i s STATE Or TzxLs COUNTY or ez"M vowe . oj- This instrument is acknowladged before me, on this day of li11.A. 199S by DOROTHY Oka . TOVAL, 0 u vPa 1.. H.ew lk . '�; � STATE OF RXAS , to.Mr.". Notary 110 1n and for the Sta of Texas STm7, or TEXAS COUNTY NTON This instrument is "1edq*d before me, on this day of 199` by RO ORR, 1 Notary Publ q and for the State of Texas STAV or TEXAS DENTON Thls instrument is wledged before me, on this day of 199__ by S RR DUNCAN, Notary public and for the State of Texas STATE Or TEXAS COUNTY Or TMvO This instrument is acknowle od dged before ma, on this _..I_ day of Ataiwr , 1999 by WILLIAM D. RUCXMAN, ADMINISTRATOR FOR THE ESTATE OF MARIG B. 5lm=R ORR JULIE CN046LER o,• •�� NOTARYPUAuC _ ► �.� STATEOFTEXAS Rotary Public in and for A e r ,1 My COWA E 19 as ar oo the State of Texas l \ AEE009rE pA d/� 25 f I I I I EXHIBIT 'A' County QtmpO Pape f of 1 Highway U.S. 77 Profea Umha: From 11d.�71[ Rev- Ocmbw 27, 1094 To U.S.�Q CSJ: 0195-01: Account: FIELD NOTES FOR PARCEL.Q BEING A TRACT OF LAND CONVEYED TO W.C.ORR,RECORDED W VOLUME 187, FADE 76, DEED RECORDS OF DENTON COUMY, TEXAS IDROCTI,AND BEING SITUATED W THE S.B.B. a C.R.R. SURVEY,ABSTRACT NO. 188, CITY OF DENTON, DENTON COUNTY, TEX/,S, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMME14CINO for rehrence at a found highway mcraarnnt being ft mart rranrfy nordmat warner of a 12B.091•acre tnet of Iend convoyed to Bob L Tripp tnd David E.Tripp fTripp used, Trustesa, sa recorded in Volume 808, Page 378, ORDCT, end said point being r IM weet right o1 way One of FM 1184; THENCE S 00° 63' 08' E, along the east Bno of said Tripp treat, a distance of 101.64 fast to an angb point; THENCE S 004 19'088 E, oondnuMp slang said Bna,a distance of 33.30 feet to on "a point THENCE S 014 01' 112"W, contlnutn8 8bng said Brie, •dtrunr:e of 723.70 fret to s point bekq die nordnat comer of said Orr tract and the scvthea,+t owner of sold Tripp trsa vW sold point being the POINT OF BEGINNING and being in the wut right of way 8M 4 F.M. 2184; 11 i THENCE S 01. 01' 62'W, along a Bne common to said On wet and sAj*V weet right of way gns of FM 2164, a diswrca of 124.08 feet to a po4,t being the soudwm awmw of said Orr wet, end add point being on the axistnp north right of way One W FM 2184: 121 THENCE N 69' 10' 48' W. dwg a IN common to eald Orr tract and FM 2164, a distance of 42 6.18 hat to a sound wood monwmrn being to southwest comw of said On treat, being on the rdsting nosh right Of way ON of FIW Road 2104160 foot ripM of wayi,on the wdsdn0 eat right of way one of U.S. 77,and sold point bring I.,a non-trnilent cbe:ulw curve to the!alt having a retinas of 383.31 feet; 13) THENCE northwesterly, along said crrw b C,e fah canrnwl to said Orr tract and exktbg east VR of wry Me of U.S. 77, trough a tea angle of 244 06' 88', an arc titanic- of 161.22 fwt and having a lord wf"been N 364 $7'36' W, a disance of 180.03 feet to an mgrs j point; 141 THENCE N 620 00'33'W,a dustmen of 1 1.06 fast to tar northwest comer of said On-net end southwest caner of ea1J Tripp erect; i61 THENCE S 864 48' 320 E, along 10M cormw d said Orr inset and sold Tripp teat, a alliance Of 640.00 fret to the POINT OF BEGINNING,and ocintak&n01.310 am.or$8,687 ertuwo fm of land, more at toss. JJ/ �f/ .•rte 1,,.141 HI M IHIH 11 ;r�•• John F. Wilder, R.P.LS. JOHN IF.�WIDER Taxer No. 4286 Date�•�IQt� Iv eerw� 26 j c tilt[! 15 at Tnupw~iaw Q$IDIT "!" r4"1 df 1tw. Mot DEED TM SPATE OF TgXM COUNTY OF C40W ALL MffiY BY TSS4$ FALBi M: That. of the Co"of Oft or MGM for sod too etrttan of td O3�, 'mod ro ee Ono=$.*hKW !n end PAW by dw Stns Twg4 )to +rhidt L lweby a lmowted�, Ifmfpoeadon m,etioe3cc of dnr Sold fnd t>we peep thfi asst or P of Lad it �'b�piq,�I ad Cror y mo she.�So",�,�d,t.T�,�, 89�� hibif"A," h i awfhed heta00 ead &Mtbed In Tz.lawy ad&U �VE aad W\CE!'�' 80AEylOt,It}e qmd Tact G..,ere e To the foUo�rfa j imptvrc ��� to jW&hAh"As"to vi i dOnatf a csow l in trod cites t nmew Aam tald Led by the the Stste L &— '' 1 t�f to aedt attar Chirac r=Q be 1d taeede�aaltatQ W{ of lU�1e to fewov�U=ode ttid Pe Of not ao � vo� Tlmin�ef!or aoy pert o!wch G amon mm"W of The okpe OW of Lopm and wm to the mrlStot tbtoof ftWw t fill Od UI bot wdye ep d dw t»taetata rd nuft elf&WI�+rod 46 red r*W ohb ro te1�e and & • k 27 i4 1 f Taus D.pmmmm o[Tmmq _A6.. Mmm D-U-m Pop 3 d 1 S►r wrl TO singular�dr HOLD the pes�taa,baron dad hdrofa eoarvled �an and fnt4Yer, and C3tYLDif COQ:[i, �tb0$WO 0f 7iif� T�and aa���� ud�*Anwpe of dwmf. �ootoe+��nrth�tY c]am or to datm the trine ar coypu IN WrrMs WHEREOF'd4 mew Y e:eewd an this the day of ir►wrwwirNrrriirrU►►rrr►N+RrNwNgi��NNNi«NNbwi rNpp►Alw.HrriiN►rrpr♦ THE STATE OF T88A.4, ACMfOWLzDOMENT' CO UNTY OF EEFORL M$do mdaalapad,a Marry Abtle, a dete day psesem ly WGUM to me oa dr oaeb of ,kao.s to au tot proved wma(s)b(ae)ao6aa9rad a dr toep y I afl ,a aadibia *Imaee)to !I do pa s) Meote papaws add cmddaadaa dame sepeoe4 Nbww�to ee dent bWA*BaP eaftwd dr ma f2t ode QIVPN UNDER MY HAND AND SEAL Op OMWX No &Y �!furls,Sera d Twe V7�WaapYrab ipd NirNKN►NiriiririNiiq►►i ,79��. 6iiiiiir ir�iiNiigiiiiiiiiiNriiliriiiiirriri 1►►►r THE STATE OF TEXAS, COMPOriATZ ACZNOWLZDOM[MT COUNTY OP I DEPORE M8, dr mdadpeM,aNatary Poole. as dde aP pwaoaapp a14wrad _ b a be den r� Iran do ata of t61 adder*AOM ddd111a a�dd�bad b r�IdaYaW ddd adededWw M aa� w to to b� _ nano of aeeb aapaaadad hr p lallr df 4 baadl dd6dmaa of n&aaepoudaa ad aid o 6�ieldya'"` dwWo aaeted pr�araaad oard adad drarapa aapedwtl ati 6t a aapda6p OmOf crMDeR MY HAtm AND UAL OF QVI RM dde b of �•, ran FAIK lrae dSWe �0a"lidw ■den _,,.do d -�. se i �D-LfD�NM K TMMPUdw f►«JK7 fir. �1! Altm plan reftrp tw Mt a 711C STATS OF TXA , CXRTWWATS cw lWOSDM Won or ly ' i F 29 n c. AOIa�N 3 Da6r 1/07 faa AGENDA INFORMATION SHEET AGENDA DATE: August 17, 1999 DEPARTMENT: Engiaeeriag& Transportation CM/DCM/ACM: Rick Svehla,Deputy City Managed SUBJECT: A RESOLUTION AMENDING RESOLUTION 98.065 BY ADOPTING AN AMENDMENT TO THE ROADWAY COMPONENT OF THE DENTON MOBILITY PLAN FOR THE CITY OF DENTON AFFECTING THE SOUTHWEST DENTON IH35W / US 377 AREA; PROVIDING A SAVINGS AND A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE BACKGRQUND:This amendment ie thi result of interactions with active development projects. We also have received input from TXDOT and Denton County on the Western Loop Feasibility Study.The development patterns are emerging so that the roadway alignments can be established in greater detail, The development patterns in the southwest quadrant are emerging along with opportunities for an attainable more efrective lransportalion system as described in Amendment Ono. OPTIONS: 1. Approval 2. Disapproval i RECONINIENDATION: Approval PRIOR ACTIONIREVIEW(Council.Boards.Commisslons)P& Z recommended approv it] 6-0 FISCAL 1NFOMIATION Developer funds portic n as pan ofdevelopment,city,and other interests fund remainder including costs to cover regional traffic, w Respectfully submitted: 1 lark,Director��^ J Engineering&Transportation .t• INTEROFFICE MEMORANDUM TO: CITY COUNCIL MEMBERS FROM: JERRY CLARK,DIRECTOR OF ENGQBEERING AND TRANSPORTATION SUBJECT: DENTON MOBILITY PLAN AMENDMENTS ONE AND TWO DATE: 08/03/99 Development is progressing very quickly in two areas of Denton. The first is in the Southwest Quadrant near IH 35W and US 371. The Vintage and Huffines are recognizable developments that are firming up planning efforts for the Southwest Quadram. The first amendment is proposed in this area. The second amendment is proposed for the Lakeview Boulevard Corridor located between Mills Road and Pecan Creek. The amendment would move the Secondary Arterial east to a corridor west of Trinity Road. Amendment I is necessary for the following reasons TXDOT and Dent;,.% County have been working on the fusibility study for Loop 288 on the West Side of Denton betwar IH 35 and US 377. The comments that we are receiving era that both entities do not feel that the section between IH 35W and US 377 needs to be a state highway. Since this connection is needed to relieve the interchange at IH 35E and US 377, the City of Denton needs to consider alternative approaches to gain this transportation corridor. We are proposing the section of roadway between IH 35W and US 377 be changed to Primary Arterial Classification which changes the section to Urban fiom the Rural Expressway Section Used on Loop 288 on the north and it'uces the needed ROW from 220' to 120'. The road section can also become an opportunity to use the concepts described in the Proposed Comprehensive Plan. We are also proposing to add another six-lane arterial (like Csrroil Boulevard) between IH 351i' and US 377 through the Hillwood and McCutchen properties. Finally,we are proposing a north/south secondary arterial that would provide access between these arterials without immediately constructing costly homage roads along IH 35W. Other collector streets nay be needed. Bonnie Brae should be closed on the north end and new roads developed to provide access more centrally between US 377 and IH 33W. A connection to Bonnie Brae will be necessary to serve existing developmeut. The Railroad Crossing should be relocated to the Primary Arterial that lines up with Loop 28k on the west. The railroad crowing for Johnson Road should be moved to the new 5-lane arterial through Hillwood and M¢Cutch<n. We may have to find other rail crossings to look at or to develop funding for A Fill Interchanges,which would be greatly preferred in the long term. +' 2. Ameadisseat 2 is proposed at the request of the developer of the property. Two Bain through Paul Spain in asking to change the zoning on the section of Lakeview Ranch between Mails hoed and Pecan Creek They are asking as Wrt of that request to me-4 Lakeview Boulevard to the war. The new location would be wag of Trinity Road through the p.xVwty of David Mulkey, then through the CallaW property owned by the City of Demon,and then through a moss of Khosrow Sade#iw We have enclosed the information from the meeting that Tom Bain had with the property owners. The proposed route was the preferred route by almost 90%of those attending(17 people). The City of Demco currody has a contract with Tom Bain to pancipate in purchase of the right of way for Lakeview Boulevard. The Oversight Committee approved up to $170,000 for that participation to'acrease the risht of way from 60' to 60' to provide the potential for a secondary arterial through a development that d'td not generate the need for that big of rood, The two lane rural road pceposed was more that adequate based on the low densities, The new zoning if approved would raise the level of participation in the transportation Inftntrueture. The proposed right of way is trot dedicated and to outside say angel platting or zoning activits'a. If the City of Demon Is golnp to approve this hange,the approval should include several conditions. Fag condition should be that aloe alignment would not be cbartged umd the right of way far the new route is dedicated at no a*to the City of Denton. Second, that Lakeview Boulevard would be conrwcted u a two lane minimum roadway 5'om Mills to McKinney In the now aligmnent. The portion from McKinney to the Preserve could ooae later by other developers or in conjunction with the bridge over Pecan Creek That bridge is very expemive with no proposed participation by developer expected at this time Third that the 5170,000 5•om the City of Denton be used to participate In the comtrtrLtion of a brklge for Lakeview over Cooper Creek, Fourth, and finally, that the lower phaw of Lakeview Ranch not be permitted until the bridge for Cooper Creek is horded or o nstruded That midition should be nude clear In the zoning cue if it is approved. We have attached a map of each ansa dmem to assist you in your review of there proposals. Staff recommends the two amendments with the conditions attached to amendment number two. y t � 3. D I I lil DENTON MOBILITY r_AN AMENDMENT # 1 N0 DR16, E AS PER DE 86 f J ... ...i ............... ...__...- (Q y MvvA APO narx w ir► rr<tr r re rrvr"f� ti fit► too / AEtrttltii-410 rr GIS ENGINEERING & TRANSPORTATION DEPARTMENT CITY OF DENTON,TX, - MAP SCALE IS V = 3000 FT 4 { I t> (� gill I i I ENCLOSURE 2 49-050 (The�Vinta e, Detailed Plan NORTH 1 PD i t 5 � 4 J t, I A pD 138 I ZONING MAP i Agenda Data: June 23, 1099 seal, None 5 ' ENCLOSURE S •�( '•� Jl lI 0ry `,' ice• Fj , low OPEN iPA/ t rrrLm- '•1 � ,' / / ear .�,% '1 '',. ��.....r.., .I '� : • L7er'a���w^r... Mv�earf.m—_ �....,�fl• � ,.;.'��':\, i '\ \ f+d , �r • M I \ 4\ r w YYr+f/ Af'/ i�'','' ,,� ♦� AJ'J11i�C.J l OEfALl1 �I�rV.W YVr_ THE V 1 NT ,A G E as bLpmm r AMASTr-AKAN=WMMUHITY � r rra. 6 f R we , top a c� ENCLOSURE 1 ?-99-041 (Willow Lakes) NORT�I SITE 4 Of ��erg • � J �. r0. -4. • h yp t f r VICINITY MAP Agenda Dab: June 9. 1899 ; None r � � WILLOW LAKES "M VAN" $MR F"y%rum Wtt � ramu. momm"amm hms .0061 Sn owiml ww rn r wu rn.w"ww 1 wo Q ow mm wanes w wo ® 0.ww1"W-4 • wa I IIY iid! 1 C3 ww"Lw n wo 4+ Pr,.r Hw+not �A< 1 I I f 011101 FUA ` . ��yy 'i�,��' wIuow LAKES a 67u .. ter �xr[mi. rt ,.0 ifx Wrui as ARM aaw r}rt r.►.► i m J� "0m..enrrrown+«tr" ,w . "A AN 140 �l+wn�+Mr r RESOLU 17 1 N0, A RESOLUTION AMENDING RESOLUTION 98-065 BY ADOPTING AN AMENDMENT TO THE ROADWAY COMPONENT OF THE DENTON MOBILITY PLAN FOR THE CITY OF DEMON AFFECTING THE SOUTHWEST DENTON IH35W / US 377 AREA; PROVIDING A SAVINGS AND A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton adopted resolution 98.065 adopting the roadway component of the Denton Mobility Plan to replace the 1988 Thoroughfare Plan on December IS. 1998;and WHEREAS, City of Denton Engineering and Transportation Department recommends that the roadway component of the Denton Mobility Plan should be amended for the Southwest Denton IH35W/US 377 area;and WHEREAS, on August 11, 1999, the Planning and Zoning Commission recommended approval of the amendment; and WHEREAS, the City Council, after a public hearing on August l7, 1999, Ands that the recommended amendment Is in the bat interests of the health, safety and general welfare of the citizens of the Cit,p of Denton,Texas; NOW,THEREFORE, THE COUNCIL OF THE CITY OF DEMON HEREBY RESOLVES: SECTION t; That the City Council has reviewed the attached amendment to the Denton Mobility Plan-Roadway Component, which illustrates the alignments and location of existing and planned roadways within d.e City of Denton, Texas along the Southwest Denton IH35W /377 are,, and hereby adopts such amendment to the plan to be used as the guideline by the City in plannina funding and constructing roadways within the City of Denton,Texas. JECTION 2l That all resolutions or parts of resolutions in force when the provisions of this resolution became effective which are Inconsistent or in conflict wirh the terms or provisions contained in this resolution are hereby repealed to the extent of any such conflict only. The non- conflicting sections,sentences,paragraphs,and phrases shall remain in fall force and effect. SECTION 33 That a copy of this resolution shall be attached to Resolution 98-065 showing the amendment herein approved, SgC IT ON 4: That this resolution shalt become effective immediately upon its passage ,t and epproval. 9 u PASSED AND APPROVED Ni t!u day of . 1999. �• JACK MILL ER,MAYOR ATTEST; XNNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY ' BY x 1 I 4 I PAGE 10 ,'MW{AAArry lt�,�Y�MYY j I I I ♦ . i ' r f � - C fi i AGENDA INFORMATION SHEET fgendeko .� r� AGENDA DATES August 11, 1'i99 Item t>ta DEPARTMENTS Planning& Development D partntent CM/DCWACM: Dave 115;!, 349-8314 SUBJECT— 2.99-010,(The Vintage, Concept Plan) Hold a public hearing and consider approval of an amended Concept Plan for a Planned Development zoning district (PD-139). The 404 acre property is located between Bonnie Brae Road and 1.35W at FM 2449 (Ponder Road). Commercial,neighborhood services,single-family detached, single-family attached, school and parkland development Is proposed. The Planning and Zoning Commission recommends approval (6-0)with conditions. (2.99.010,The!intage— PD Concept Plan) iNOTEs THIS ITEM HAS BEEN POSTPONED; THE PUBLIC HEARING HAS BEEN READVERTISED TO BE HELD AT THE SEPTEMBER 7T, 1999 CITY COUNCIL MEETING,) BACKGROUND The applicant did not provide required documentation prior to the agenda deadline. Legal notice requirements have been coordinated to allow consideration of this item during the September 7U, 1999 City Council hearing, Respectfully submitted, Davy� , Assistant City Manager,Development Services v c. f ti o - tl AGENDA INFORMATION SHEET AWoh 114m Gals ` AGENDA DATE: August 17, 1999 DEPARTMENTt Planning& Development apartment CM/DCM/ACM: Dave Hill, 349.8314 SUBJECT —Z-99-050, (The Vintage, Detailed Plan) Hold a public hearing and consider approval of a Detailed Plan for a Planned Development zoning district (PD 139) encompassing 265.48 acres, The property Is located between Bannie Brae Road and I.33W at FM 2449 (Ponder Road). Single-family development, a school site, park land and open space is proposed. The Planning and Zoning Commission recom•t,ended approval(6-0) with conditions. (Z-99.050,The Vintage—PD Detailed Plan) jNOTEt THIS ITEM HAS BEEN POSTPONED; THE PUBLIC HEARING HAS SEEN READVERTISED TO BE HELD AT THE SEPTEMBER 7TH, 1999 CITY COUNCIL MEETING.] BACKGROUND 1 he applicant did not provide required documentation prior to the agenda deadline. Legal notice requirements have been coordinated to allow consideration of this item during the September 7`°, 1999 City Council hearing. Respectfully submitted: Dav 1 ,Ads'istant City Manager, Development Services c AGENDA INFORMATION SHEET qq . 035 AW*Aim Ift j 9 5 08%.,._ AGENDA DATE: August 17, 1999 DEPARTMENT: Planning Department ACAI: David IM,349.8314'4 SUBJF!Cl—Z•99-043 (bfingo/Loop 28) Hold a public hearing and consider rezoning it 5.0 acre site from an Agricultural (A) zoning district to a Light Industrial with Conditions[LI(c)])zoning district. The property Is legally described as 3.0 acres in the S. Williams Survey,Abstract 1279 in the City of Denton, Denton County, Texas. It is located on the north side of Mingo Road,between Loop 288 and Cooper Creek Road. The proposal is to allow for light industrial use. The Planning and Zoning Commission recommends approval(7.0). BACKGROUND the applicant has requested to rezone this property to a Light Industrial zoning district with conditions, The property is currently undeveloped, Y The subject property was annexed into the City of Denton with a temporary Agricultural(A) zoning district classirication and use in October, 1996. ➢ The proposed development is consistent with some of the policies of the 1988 Denton Development Plan (DDP) as applicable and many of the 1998 Denton Plan (DP)Policies (see Attachment 1 —Comprehensive Plan Analysis section). i Two (2) property owners were notified of the request by certified mail on June 29, 1999. Three (3)courtesy notices were also mailed. Informational signs were placed on the properly as well. As of this writing, there have been one(1) response received in favor of the request. No other responses have been received. ` PRIOR ACTION/REVI .W The following is a chronology of Z•99.043, commonly known as Mingo Road/Loop 289: Application Date•-May 25, 1999. P&Z Date—July 14, 1999, ESTIMATED PROJECT SCIIEDULF r� A The property must be platted prior to development. FISCAL INFORMATION r Development of this property will increase the cssessed value of the city, county, and school district. It will require no short-term public improvements that are Ih:responsibility of the city, ir i, ti i _ f RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0) of this zoning request with V the following conditions: 1 Lighting on the property shall be designed and maintained so as not to shin.-on or otherwise disturb,surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. 2. A buffer yard along the western and northern boundaries that is at least fifteen(15)feet wide with one canopy tree per evcry twenly(20)feet of buffer yard and with 1.3 understory trees (rounded to the next highest whole number)for every canopy tree. OPTION L Approve as submitted. 2. Approve with conditions. 3, Deny, 4. Postpone consideration. S. Table item, ATTACHMENTS 1. Planing and Zoning Commission Report,July 14, 1999,Z-99•; 3. 2. Planning and Zoning Commission minutes from July 14, 1999. 3. Draft Ordinance. l fully sub fitted; Mark Donaldson Assistant Director of Planning and Development , Prepar by; ethryn Nilssen 5 Planner Y ' J1 / A 21 r r ` i 1 i PLANNING ATTACHMENT ADW&No AND ZONING COMMISSION do ORT ! r UWW: Mingo/Loop 288 STAFF REP g"jILNgMkr: Z-99-043 I1jaff: Kathryn Nissen Agenda Qaj2: July 14, 1999 Hold a public hearing and consider making a recommendat;on to t1he City Council concerning the rezoning of 5.0 acres from a Agricultural (X)zoning district to a Light Industrial with Conditions(LI(c)j '� �' I0. (�a.• I • • The proposal I I i Fy , 1 I� hell t1 I � r ! li7 a Ir■ c'I�`ifwl��•-.�����ef ��+Iq� � � � GI\ NI ` Illri in. �• LOCATION Location: The property Is located on the north side of Mingo Road, between Loop 288 and Cooper Creek ftid 1 acres A 3 . .I ISPANEWANNORMOON Apph,;ant: Greg Edwards Owner: Ed Wolski Greg Edwards Engineering Services 24361.35 E South 300 N. Carroll BLVD., Suite D Suite 336 Denton, Texas 76201 Denton, Texas 76205 MUMMY The developer is requesting a Light Industrial Conditioned [LI (c)) zoning district classification for this 5.0 acre property. The proposal Is to allow for light industrial use { CONS'�It H�t�SyVE'P: Lp► ? 1s wf,A, -' '"Iir'r�'w s.l ;'!€ 3d4A9i` 1988 Denton Development Plan Analysis j The 1988 Denton Development Plan t ?DP) shows this area to be within a Low Intensity Area. These areas are Intended to be d.JO'oped primarily for single family residential development. Neighborhoods are to be serviced by a network of small commerciallretail canters spaced at about A mile Inlervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low intensity Areas Is restricted to 60 trips per day per acre In order to balance land use with road capacity. Staff finds the proposed development to be consistent with some of the policies of the 1988 Denton Development Plan and Inconsistent with the trip Intensity standards of the 1988 DDP (See Enclosure 4). 1998 Denton Plan Policles Analysis The 1998 Denton Plan (DP)is to be used In conjunction with the 1988 Denton Development Plan in evaluating the consistency if proposed development with tho long rarge vision for the city, Staff finds the proposed development to be consistent with some nf the Wink% of the 1998 DP(See Enclosure 6). 1. Transportation A. Trip generation Table 1, Proposed Land Use Trip Golleration Land Use Average Trip Average Level of Average tfips per acre Generation Per Development Indus'-lal 6 trips per 1,000 sf 17,424 F',acre 105 /Total ytrio 0, 1... r w} in 628 r kW I( Allowed Trip 5.0 acres 300 trips 60 trips/acre ' Generation Difference 225 75%above allowed trips r �' 'tattutallorta provldad by tho Inttltuto or iranapoditlon Enelroars,I III, l,iena�u 4, I f, B. Access Amess Is available onto Mingo Road. C. Road Capacity Mingo Road Is Identified as a collector street by the 1998 Denton Mobility Plan with a capacity of 9,100 trips. While the Mobility Plan designates Mingo Road as a collector on the east side of Cooper Creek Road,the west side holds no such classification until R crosses,.south at University and k becomes designated as a secondary major arlerial. The 1997 traffic count Indicates 1,475 trips on Mingo Road, just west of Cooper Creek Road. There is capacity to handle the trips generated from the proposed development. Mingo Road Is currently bunt below standards and can handle 3,800 trips as the two lane undivided rural road that it Is. D. Pedestrian Linkages Sidewalks along all public streets are required. 2. Utilities This site has access to existing water and sanitary sewer lines, Fire; There are existing fire hydrants on the south side of Mingo Road, however they are not adequate to serve the proposal and sdditiopial hydrants will be necessary. 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary The study must Include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. The developer must Indicate the method by which the run- off will be carried across the property or stored on the property. 4. Signs As per the sign ordinance. 5. Off-Street Porking New development must provide parking r%000rding to the regulations of Chapler 35(35.301)of the Code of Ordinances. The total number of parking spaces required by any one development is a factor of one (1) space for each two employees, or one space for every 1,000 square feet, whichever is greater. 6. Landscaping This property will have to comply with the new Landscape Code, which requires fifteen (16)trees per acre and twenty(20) percent of all surfaces to remain pervious (plantable area). i Fd!nanx S, 4 III, i 7. Lighting Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb,surrounding residential property or to shine and project upward to prevent the diffusion Into the night sky. ? i�!'� tttll _ft5liYtt Q "`f 4titt 4. October 15, 1996—The subject property was placed in the Agriculural(A)zoning district and land use classification by Ordinance 96-233. The subject property is not platted and would need to be platted prior to any development. Notice of the zoning request was published in the Denton Record-Chronicle on duly 4. 1999. Two (2) properly owners were notified of the request by certified mail on June 29, 1999. Three (3) courtesy notices were also mailed. informational signs were placed on the property as well. As of this writing, there have been one(1)response received In favor of the request. No other responses have been received. The applicant elected not to have a neighborhood meeting because there are very few, if any, residential homes in the area that would be Impacted by the zoning change. �p Staff finds this proposal consistent with the surrounding land uses finding that, recently, a five (5)acre J tract Immediately east of the subject property was zoned Light industrial Conditioned. Also,directly 1 south of the property is Classic Corrugated and Safety Kleen Corporation both being Industrial users: While the Growth Management Strategy designated this area for multi-family, the surrounding land uses and transportation systems would likely impede the development of multi-fatuity uses on this site. The land-use map currently under construction In draft form does designate this area as an employment center. Therefore, staff does recommend approval with conditions. These conditions are consistent with the conditions Imposed on the tract to the east. IRECQMMENDA714Nx Staff recommends approval of 2-99-043 with the following conditions: 1. Lighting on the property shall be designed and maintained so as nft to shine on or otherwise disturb, surrounding residential property or to shine and project upwa(i to prevent the diffusion into the night skv. 2. A buffer yard along the western and northern boundaries that Is at least fifteen (16) feet wide with � one canopy tree per every twenty(20)feet of buffer yard and with 1.6 understory trees (rounded to the next highest whole number) for every canopy tree. Nina Ise IL i G , G i I i I 7n)ove mm end approval of Z-99-043 with the conditions as outlined by staff. i. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table Item. 1. Vkinity Map. 2. Zoning Map. 3. 200- 600' Property Owner Notification Map. 4. 1988 Denton Development Plan. b. 1998 Denton Plan Policies. 0. Draft Ordinance, r � N Ftlendme i u ENCLOSURE 1 Z-OM43 Mlnoo/Loop 288) NORTH SITE Church TFWm cbsk w a.a VICINITY MAP I Agenda Date:July 14, 14!0 ' e, sale; Hone � J c, c� ENCLOSURE 2 NORTH Z•99-043 Mingo/Loop 288 FFLSITE A A A U (a u C t I I ZONING MAP I r, 1 Agenda Date•, July 14, IM kaN: None i, t+ ENCLOSURE 3 NORTH Z-99.043 MINGOILOOP 288 SITE r � . ♦ FW1 I� r 200 - 500 FOOT BUFFER MAP 3 r Aoanda Date July 14, 1999 Scale: None i 10. t� t c. A 1 I ENCLOSURE 4 1988 Denton Development Plan Analysts The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are Intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small commercial/retall centers spaced at about ''A mile intervals with direct access to a collector type street or larger thoroughfare. Vehicular trlp generation due to development within Low Intensity Areas is restricted to 60 trips per day per acre In order to balance land use with road capacity. Staff finds the proposed development to be consistent with some of the policies and inconsistent with the trip Intensity standards of the 1988 DDP. The table below provides a summary of tho'1968 Denton Development Plan policies applicable to this project: Denton Development Plan Policy Analysis Summary Low Intensity Area Development Rating vs. Policy POLICY COMMENTS tom�rslshnt IwaWstent Coretstent Intent These am represent primary housing areas within the oty, x Intonalty. To be c&Wslmt with the Mowed InW%ty- 50 rovacnt Plaal! td Inx t should not exceed b AAocaw Wenslty r loo tWs x Site Man cones. Strkd properly Straight Ught Irsd obw eoning ADM We e d w density re0ddentlal6ideas or site pyn rontrd. x Traft Dnrgn. Access should be proMed to er w that nvId-family or , non-PeWertat um have men to collectors or larger arterials wtth no Bred saws thr O resldeneai street. x W«+Span. Sulfldenl lneen spas, No open+pace I proposed or rWred, recreational fadlitks and dvwWty of parts are pronded, NA Pubtic PartldpWon. Fa—kb No neetk p was W. Oardng by en M tkl Vd%Is COW a5 aged, e0dall0nfand x v Lind the blv"ty. Non-mOdentlal and an led N de�t I eno xWd to % Manuhctured HoWng. TNs form of W famlty housing may be cdnpa5ble vd "opmmt In the low Inten4ty areas vAed to oorrdwna NA Strip tonsmerdal. Any form of continuous strlp mrrvrrertld I*W* y r d kyor near low Intensity mss Riena�ac '.. i 11. I t IIII II III it I s� ENCLOSURE 5 1998 Denton plan Policies Analysis The 1998 Denton Plan (DP) is to be used in con;unction with the 1988 Denton Development Plan in evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be somewhat consistent with the policies of the 1998 DP. (he table below providos a summary of the 1998 Denton Plan Policies applicable to this project: Denton Plan Policy Analysis Summary Development Rating vs. Policy CATEGORY POLICY tent :f ''A Crnsistent Trance portatlan. Complkmenb tendon's Long-Range Thorarghfan Plan. ftorrates Acem Management Pradkes x Opbrrizes operaboru for ua:rgerky service provlders end other Pudic service prove&-;, x Promotes public tranWo utim system. a v1 x 4'� Coo"Ma to the Denton Tratls network StormwaterDrama e. Prot"100-year OOd pia(n areas V aOMrdan`t with , "ti��'�� n , Denton's watershed managementplans, Conform to loot subdlvlslon moat ons ?,",? is,,';, ' x Contributes to re&M detention facilities. KA'';;r'ti Provides ter natural dparian environment along noodplalm x Upgrades a Mng substandard dralnage systerro is III i X and redevelopment occur, Water and Devel cps any maintains property and private wastewater. Infra*%XtL e. X Creates opportunity for overgring water and wastewater .yr,. 'r �', Imes to meri Rune development demands. ,,,'' z �r;A PrvWes revk!w of proposed water and wastewater Dnfra*,xh re to ensue pudic safety and health. ? a , x Promotes Innll Improvements over new Ilse eAert9orn. x ;`;'i " 'r Electric. Provides unclergrt M eledrk service for new residential . a and nonresidential development r + x Solid Waste. Prmotes efficient access p:ores development for sold f4` ..ads yrr wage service delivery. x Parks and Recreation. locates parts and reoeatlon facilities In accordance with the Parks ad Itmation Strategic Plan. Enhances parks and rcaeabori opposimpes for residents, °.-- Pr�Aeodptaln for parks and open space to aid In yr"' n ain conservation ertorts. 1f Allows comdning of parks with other public facilities to r 1 ad;ieve oostertedlve delivery a public services. 1, Resldenbal develo ;;;nt should dedicate I"or lees in lieu of land for r>eghbothood parks. n t Environmental Quality. Promotes preservation of nave resouroea, Integrates environmental protection with economic ! growth and etmenunity devabpmenl x f„enanK 12 . E 1998 Denton Plan Policies Analysis (continued) Denton Plan Policy Analysis Summary Development Rating vs.Poky CATEGORY POLICY tmm� Appk" CarMetent Nelyhborfioods re to pubdc arW aonvrxrNty fadlltlas For Eroxraga a mhtuM of Imd um that benOt rddeift Poobeds and prase%*&a dsttrq helghbomooft p woes bkyde WW pedabfah tnpk vACdn and beh+een ndphbalaods to reduce veleaAw blps. r and• KaAW a carpe a hmaN Was that appeal to df *V ecamk and h wAw V"toft OfrM a vsrlety of*dow*lot$In% bu ry elm, aW pike wvM PraeNes owng hw*-4 W64ng affordable hoa9rq. Iraeaa WR hmakV ooraAvc%m Eoonomk CwktUtas to a*wV and d vonffied kd scraw by DNwflMatloa k reaeing employment and agandlnp the tax bane. x Goverrvnent. Lrmxagas htayarbnmenvl W"nalfon to VQA& ooat^dly!puck"Nkft Urban Daslgm Afteow camwNty appeorwee In a mpretw4ve roamer. DN *ks archbds W appearva of NO&M*vr&t. tJeghbo**W 04 drvdopnent dautd be o q*bbk Wkh odetkq Ird um and tuddrgL x Rvteda and preserves Dentw%and keQwW,ohm*and Nsfnrkal reearma. 11 F WI=tlx appearmoe akrq major entrenoew% Aurda the prawetforf of bee and WWwW q, x KMIC fnvolweMnt. P�rovldeMe Dh>o ky for p jb k ogrAon"no the x �1I i i w I 1 i r r: Hen" i3. L I ENCLOSURE 6 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON,TEXAS,PROVIDING FORA CHANGE FROM AGRICULTURE(A)ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO LIGHT INDUSTRIAL CONDITIONED[L1(C))ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 5.0 ACRES OF LAND LOCATED ON THE NORTH SIDE OF I MINGO ROAD,BETWEEN LOOP 288 AND COOP17R CREEK ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF$2,000.00 FOR VIOLATIONS THEREOF;AND PROVIDING FOR AN EFFECTIVE DATE.(Z-99-047) WHEREAS,Greg Edwards of Greg Edwards Engineering Sf-rvices,Inc„on behalf of Dr. Ed Wolski,has applied for a change in zoning for 5.0 acres of land from Agriculture(A)zoning district classification and use designation to Light Industrial Conditioned [LI(c)) zoning district classification and use designation; and WHEREAS,on July 14, 1999,the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS,the City Council finds that the change in zoning will be in compliance with the 1988 Derton Development Plan,the 1998 Denton PIan Policies,and the 1999 Growth Management Strategies and Plan;NOW,THEREFORE THE COUNCIL OF THE CITY OF DENTON HERENY ORDAINS: SECTION I. That the zoning district classification and use designation of the 5.0 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is I changed from Agriculture(A)zoning district classification and use designation to Light Industrial Conditioned [LI(c)] zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton,Texas, subject to the following conditions: I. Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. 2. A buffer yard along the westem and northern boundaries that is at least fifteen(15)feet wide with one canopy tree per every twenty(20)feet of buffer yard and with 1.5 understory trees (rounded to the next highest whole number)for every canopy tree. SECTION 11. That the City's official zoning map is amended to show the change in zoning r district classification. �` SECTION III. That any pereon violating any provision of this ordinance shall, upon conviction,be fined a sum not exceeding 52,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense 14. b . c; SECTION N. That this ordinance shall become effective fourteen(t4)days from the date e of its passage,and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle,it daily newspaper published in the City of Denton, Texas,within ten(10)days of the date of its passage. PASSED AND APPROVED this the, „.day or 11998. i JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY BY:_ , r 1: . --- -�-, - ATTACPMENT 2 Page DOS�� Page 107 I dcfuncted? 1 district. This is similar to awe y'srl passed about 2 MR.ENUELDRECHT; It wag in the original 2 a month ago, I think it was calla!?'RCA. It is 3 toning, 3 consistent with our 1988 Denton Development Pian 4 MR. RIsHEL- It was already required. 4 Ilowcva,it is inconsistent with the trips generation. s MR. sioitEsv okay. Thank you. s This is classifed by that plan as a low•intcnaity arcs. 5 MR. ENGELBRECNT: Yes,Ms. Gourdic. ` R!31,1 now the trips generated would bs 75 percent above 7 MS.GOURDIE: I just want to Just apologize 7 allowed trips. Mingo Road If currently built below a to Thomas. I'm so thrilled that y'all arc thinking that a standards as far u road capacity goes,but it an 9 way and l think that's wonderful. And the whole remort 9 handle 3,800 trips u fa. Subject property has been in 10 why 1 got on y'alls case,and I'm sorry about that, Is 10 the Agricultural zoning district since October or 1996. i I because the Teasley Lame Is really bothming mc. 11 Notice was even on this case to the papa 12 MR. ENVELBRECHT: Obviously. 12 on July 4th, 1999. It was publisbcd on that date, Two 13 Ms.GOURDIE: But I just want to apologize 13 props ty mA oaf were given legal notice and throe u if I Came on too strong. Same to You,Mark,1 14 couAesy notloa were mailed There's been one response 15 spolo&v, But 11 jot took me by surprise. I think IS received in favor of this request. Toe applicant did It it's great that y'all are thinking that way, Thank you. id not rlat to have a neighborhood meeting because there 17 Thank you. Thank you. 17 are very few,if any,residential homes that would be 1a MR. POW'ELL: f.lizabeth, I thought I was the 1s impaclai by this zoning change. 19 only one authorized to get on staff's case. 19 Staff finds this consistent with t'e 20 Ms.oouRDiE: I'm moving In. 20 surrounding land uses considering that Classic 21 MR. ENGELBRECnT: Any Other uOmment'? 21 Carrtgatod is ova hex,Is d racily south of the site. » MR.MORENU Mr.Powell,along with Ms. 22 The site that you have rcoendy changed for TnCA is u Gourdic, I would encourage staff to bring us ideas of 23 right here and I how a zoning map. Let in 3 get that for 14 this nature and not go discouraged because of our vote 24 you. And we do have a Light Industrial d,#Ad over 25 this evening, 23 hex. ?here la a hlstarlcal church on the CdTlef. It's Page 106 Page 108 I MR.DONALDSON: We'll bring pictures neat 1 a very small church and I know that just speaking with 2 time. 2 some or the residents out there"apparently there used 3 MR MoarNO i a,that would be helpful. 3 to be a small community out there,and 1 know that those 4 MR LNGTI.0nMi Don't forges those Crepe 4 residents have talked about trying to gel In■ $ M)Ttle on the outside,will ya? s histolcal district or what-not. But it don have some 6 Mg.cm Rol L: tong Iive the Crepe Myrtle. 6 nice trots to the west of it and has conewlat of a 7 MR r,RAV staff will take that Into 7 buffer from the TRCA of course,dds site is between I s consideration. g the church on the other side of TICA,so it wouldn't 9 MR.ENGrLBRLctiT: Any other discussion? All 9 impact the church u much as the TACA site would In in favor of the motion nix your right hand. Motion 10 The Orowth Manyement Strategy originally I I passes unanimously. I 1 called fa that to be a muldfamily site. It's not a 12 Item No. 13 then,hold a public hearing 12 very friendly site for that. The rWtroad track Is 13 ctrl consldu making a ri bmmcndallon to C4 Council 13 Immediately adjacent to that site. Twe'a an overpass 14 concerning the reraning of S.0 acres from Agricultural 14 just hen that you can sec. It's vigusily rreappealing I S to Light Industrial, The prcpaty is located on the is for any kind of multifamily or residential homes. It's 16 north aide of Mingo Road bctwocn loop 789 and Cooper 16 more of it higher-use Ina. Mr.Donaldson has informed 17 Creek Rood, 7be pruposai Is to allow roe industrial 17 me that the land use plan that we are currently working ? I I use. And Mt Nilgscrt••at this One I will open the Is on that is in drag fort is caWng for that area tole 4, , 19 public heaping. Ms. Nils"will provide u:with the 19 an Employment Center. ( !'' 20 staff report 20 So wbere••I think staff Is really not too 21 Mg.NttSSIPN; Thank you,Mr. Chalr, 21 concerned at this point with the Yips generation and it 22 Coromissionen. As mentioned,this is I S.Oatrn,v'ae 22 certainly IS consistent with the surroundirp uses. 23 of property locaed on the north side of Mingo Road. It 23 Thererone,staa does recommend approval of Z•99.043 24 is currently rood Agricultural and the applicant Is 24 with the fotiowitig conditions,and these conditions are 23 requesting a", # Industrial with Ceoditions zoning !25 consistent which wen placed on de TItCA taring ass PLANNINU A 70NINO JULY N, 1999 16, Page 105 •PAP 108 I lit Coodoaselt"` Page 109 Page I 1 l 1 one,that lighting on the property shall be designed and I MK RISHEL. What Dow? ' 2 maintained so as not to&hint on or otherwise disturb 2 MS.NQSMEN: The gentleman who WAS on our I surrounding residential property or to Shine mod project I tax roles as contact for the church was sent a notice. upward to prevent the diffusion in the alghi Sky. And 1 1 don't know what his formal title,is. s also it buffer yard was put on the zoning district for s MR.RISHEL: What is the distance between 6 TRcA and I have Included that buffer yard. However,the 6 the property and the church property? 7 applicant Is requsting that I add a condition to the 7 MS.NILSSEN: Well,you've got a fiv9-acre I condition and that would be that this buffer ya;d would is tract between this property and this property. 9 only be applied if It is Abutting a more restrictive 9 MR DONALDSON, The church property fell to zoning district. And the buffer yard along the wvstm to within the 500 foot just barely. i l and nortbcm boundaries is at least 15 fact wide with I I Ms. Nn.. tm ON I'm sorry. Yeah. That's i2 one canopy tree per every 20 fact of buffer yard with 12 what you were asking me. I can&bow you that 12 LS under-shory trees rounded to the next highest whole 12 MR.ENGELBRE.CHT: Page g is the backup. 14 number for every canopy tree. 14 MS.NILssEN: it Just barely got the church I S MR.DONALDSON: n'd probably be Crepe is property here. 16 MyNc$. 16 MIL ENGBLBRECHT: other questions? Since 17 MR.ENGELDRLCHT: Yeah. I WAS getting ready 17 we've already covered the Crepe Myrtle,I'll go on to is to ask whetter then was any Crete Myrtles or other so two other ones. This church property,does that include 19 flowering perennials to be placed on this property. Any t9 the cemetery back there or is that further down the 20 questions for stai7? 20 road? 21 M5.GAN7EA: Mr.SArnon may have to address 21 MS,NILSSEN: No, Sir. It's actually 22 this,but for Informational purpose&,what Is the 21 further down the road. ) U projection kw any upgrades to Mingo? 21 MR.ENGELBRECHT: okay. This is different 1 21 MR. SALMON: Our Mobility Plan shows the' 21 With regard to the other piece that we zoned,we did 25 section of Mingo Road u Just a local road so it 2i have the buffer requirement,did we not? Page 110 Page 1121 i probably would Dover be any wider really than what it I Ms.NR.SSEN: Yes,we did. I 2 is,two lanes. But I think we're trying to de-emphasize 2 MR, ENonslm1fr: And where was that buffer I I that section of road for drainage because there's some I required on that propeitfl s drainage concerns there. a Ms.NI SSEN: 1 believe it WAS the CASACM, s Ms APPLE: okay. Thanks. s northem,and western sides. 6 MR. ENGELBREaiT: Mr, Powell. 6 MR.ENGELBRECNT: okay. It WAS all tux 7 MR POWELL This is probably a little off 7 aides. And we're only requesting this one on two sides. D at this lime,but I'm going to mention it. Is there I Ms.NR.sssm Yes,Sir, And the applicant 9 some way we could designate this lighting condition As 9 Is requesting only If it's abutting a more restrictive io standard or AS Lighting Condition No. I or Something so to zoning district. I I we don't have to read the dad-burn thing every titter? it MR.ENGELBRMHT: we wouldn't know that 12 MR DONALDSON: Wcli,It's easy for us for 12 MS.NILSSEN: well, I guess his theory is I I the computers•• a that right now It's Agricultural so if he went out and ) 14 MR.Bum: You could say lighting As la built today,he would have to eof% mcl a buffer yard. is recommended by daft. is If at some point the property to the north and west Is 16 MR.DONALDSON; Yeah, that will work. t6 rezoned Into a loss restrktve zoning districts 17 MR LNOELBRECHT: other ••yes, Mr. Moreno. 17 therefore,he wouldn't have to do the buffer yard. So , is MR.Movwo: YcaN a question. You said you i I he's kind of protecting himself from building a buffer A 19 had no neighborhood meeting and you mentioned the 19 yard up against,like,a Flcavy Industrial or the tame ( f" , 20 church, Are members of the church at least aware of the 20 type of zoning district 21 zoning change requested? 11 MR Rum Halt betting on the fact that 22 Ms.NMEN: They were on •- and I don't 22 they're going to hove to do 1% not him. u want to say what exactly he represents but the name on 22 Ms.N21.55EN: or neither one. 11 our tax roles for rte church was sent a notice, 11 MIL RISHEL: Or he'll have A compatible 71 MR.MORENO. okay. 1s rj Ighbor. PLANNING&ZONING JULY U, 1999 17 Page 109 • Page 112 i i I • Coadeaseil"' Page 113 Page 115 1 MN DoNAtmoN: If before his certificate or 1 industrial use to protect them from••or the adjoining 2 occupancy Is Issued the toning changes to a comparable 2 Industrial use from them. And it doesn't appear to be 3 toning district,then as requested by the applicant.be 3 nomsary If that's Agricultural. Some more restrictive j 4 would net ba required to do the buffer yard. 4 use,we don't have a particular problem with that. But S ms.NnasEm it would release Mm from S just to try to eliminate that so that some time in the 6 that. 6 future if the properties are rewmA we wouldn't have 7 MR.ENGELBREC14T: why are we asking for 7 to do things that were not typically required to buffer A this,simply becaux we don't know whet it will be,that s between uses and that's basically our request for that 9 it's just AS and that's why? 9 condition. 10 Ms NRSSEN: why arc we asking for the 10 I think staff has done a good job of I t buffer yard? I1 presenting the information to you. The City Is looking 12 MA ENGEl9REC1I t: Right, 12 for this arc$to be A more employment-type center. We u Ms.NnssLN: To be consistent with the 13 do have a person under contract on this particular••or 14 roning case that's right next door and right now wt do 14 our clients have a person under oontracl on this 15 have an Agrioultund toning district. is property who would be Interested in building at this 16 MR.ExaatsRFcHT: And It's gold to sort or 16 particular location and that's why we're requesting the 17 soften up this•• 17 toning at this tithe. If you have any questions, I'll is MR.DONALDWN: within the Employment Center is try to answer those. 19 district designation u we envision 14 we will have 19 MR.MELDRECNT: Comntisaiotters. It would 20 mixed types of commercial uses. You may even have an to appear not Thank you, sir. 21 office building neat to something that's more Industrial 11 mit EowAitm: Thank you, 22 In nature. 22 MR, EN anftECHT: is them anyone present 21 MR LNGEL$REM: So you've user or got a 23 who would like to speak in favor of this petition? 24 little break in there for people? (stay. No Crepe 24 Anyone present 10 speak in favor of the petition? In 26 Myrtles but we've got a strip, Ok%y. 2f that case,anyone present to speak In opposition to the Page 114 Page 116 1 Ms. %xssrN: And understand the Mere I petition? Anyone present to speak In opposition? 2 restri�1lve toning district would include Commercial. 2 Seeing no opposition.we'll waive the mbuttal. Public 2 Office,0 xr d Retail, Sec the only thing it would have ] bearing is closed. Ma Nilam%,any final staff 4 to be Light industrial or Ilavy Industrial that he 4 remarks? Commissiorm ,do you have questions of W ' s wouldn't have to do the buffer yard on. S or comments? 6 MR. LNGLLERCCKT: Right. If it got more 6 M0.R2 mm L have a question of Mo. 7 Intense,then we wouldn't have a buffer yard 7 Nilsson. Even with the development of the property,we S M6.%mmEN: less mtrictiva It still have our standard Landscape Ordinance and things 9 MR. FNGELaRECIIT: Less restrictive but it 9 that this piece of property will have to meet with our to would be mrw Intense, to without a buffer yard that are written Into the existing I I M.S.NILS.SEN: More Intense,correct, 1 I ordirtmots that we have now. 12 MR.ENOttattECHT: okay. Any other questions 12 MS.MI.SSEN: Corned 13 ror staf7 lluutk you Is petitioner or pctitiotkr's Is MR.us"Eu How does the buffer yard or the 14 reprcwntatk9 present? 14 buffer ones meek to what we might require with regard Is MR.EDWARDS: Chairman,ltkmbM of the is to our owe Landscape Ordinances? 16 Commission,my name Is Qvj Edwards, We're W 300 North 16 Ns NitmEN: well,our landscape Ordinance 17 Carroll lioulnvard,Suitt D here In Nnton. As Kathy 11 doesn't specify exactly where they landscape or bow the r I6 mentioned tm the buffer yard with the adjoining is tress arc placed. It only specifies It has to be 20 A I9 property,iRCA,I thlok we am basically waiting on a 19 percent or the property that's landscaped. By using the ( /r N 20 permit from the railroad for the water Iine to cross 20 buffer yad we are dictating to than wbem exactly the 21 that before [hey begin construction. They're coming in 21 the isrAwaping will occur, 12 ••an sdJettnt property to them Is basically the same, 22 MR.NSNEU >b it gives them there I criteria the Own worts 23 rcqueating the serer;+Doing. 23 flexibility in their eke gn they N If you approve slut,they hove a condition 24 with? is that they've`w to put a buffer yard between their 94 Ms.N=EN: The Landscape Ordinstioe,yea. PLANNING A 'IONINn JULY 14, 1 949 19. No 113• Pays 116 - Condeascllt m Page 117 Page 119 1 MR. Risim + Right. As opposed to just I by starf. Any discussion on the motion? All in favor ` 2 saying you have to have this stripped out and this 2 raise your right hand. Motion carries unanimously. 3 stripped out and this stripped out. That may in fags be 3 At this time••yes,we've been asked by 4 their Iandscaping if we left it to them, And now if we 4 several to take a break. We're going to take ten S don't do that procoA then they have more flexibility 3 minutes. Be bock at 9:00. 6 in how they create their 20 percent. 6 (BREAK TAKM 7 MS.N'1LSSEN: Correct. 7 MR.FNGELBRECHT: pent 14 Is the next Item 8 MR.RISHEL Okay. 6 on the Agenda this evening, which is to open a public 9 MR.ENGELBRECHT: commitsioners,other 9 tearing and consider making a recommendation to City 10 questions? If we're requiring this along t1,e western 10 Council concerning rcmnlng of 1.2 acres from I I and northern boundaries at least 15 foci,is there toil l I 1 Agricultural to Commercial. The property commonly known 12 within that 20 percent a requirement or would there be 12 as 3140 North Elm is located on the southeast caner of 13 some along the frontage of Mingo,which Is to the south, 13 Nash Locust Road(Highway 77)and Riney Road, The 14 right? 14 proposal Is for commercial development. At this time 13 MR.DONALDSON: I don't believe that they is 1'11 open the public]rearing and Mr. Reed, l believe,is 16 could most the entire 20 percent roquhremeot with the 16 going to provide us with the staff report. I7 two I 5-foot strips so there would be scone additional IT MR REED. Thank you,Chairman Engelbrochl, 16 landscaping and depending upon their parking lot 18 Tonight we have a request for a Commercial toning 19 configuration,they any be required to do sort►: 19 district on 1.237 acts located on North Elm StrocL 20 landscaping Internal to a parking area. 20 Let me pull the map out. 719 request here is 21 MR. FNGELBRECHT: Gkay. And then this•• 21 ementtially going from the original designation of this 22 the comment was made that this is not typically 22 property,Agricultural,when it was zoned and so the 23 required. I'm assuming that you sort or tre going•• 23 City has not comprehensively considered what is 24 you haven't gone beyond tla percentage of the Landscape N appropriate for this properly previously. In stall's 23 Ordinance,you've simply sort or specified when because 23 analysis we have four eat It is mostly consistent with Page III Page 120 1 this Is a major employment cotter and we're looking at t both the policies std trip intensity standards of the 2 some sort of visual ar)cel to the property. 2 1988 DDP and that it Is somewhat consistent with the 3 Ms.APPLE: Consistency. 3 policies ut the 1998 Der for a straight Commercial 4 MR. DONALDSON: that,plus the tmarWnty 4 roning district. We've called out In the gaff report I as to wh%I any adjacent property may be used fa. S that the 1999 drag comprehensive plan Identifes this 6 MR ENUELBRECHT: All right. Other 6 area as a regional mixed use center. Being on the 7 questions for staff? if then arc no other questions, 7 fringe:of a high-Intensity area also facilitates 8 are then any comments or■motion7 d commertlai activity that provides a tnnsitiot from 9 MS. APPLE: 1'd like to make a motion. 9 regional to neighborhood Mentation. So as we move to Baved on the fact that we have talked a lot about how 10 away from our 198 plan,our new policies are saying that I I we're trying to be consistent in what we do and we're l I this Is more consistent then It would have been in the 12 trying to look towards the fume,I am going to move to 12 1805. I3 recommend approval of Z-99-043 with the conditions that 13 The particular property is currently 14 have been rccommcndcd by staff, Those being lighting on 14 abutting some residential use or uses. As Identified on 13 the property shall be designed and malntaiocd so as not 15 the zoning nap,r+aything to the cast off of Rimy 16 to shine on or othoxwisc disturb surrounding resldcntlal 16 Road to the south side of Riney Road rod to the north wa i l 11 property a to shine and project upward to prevent the 17 side of North Elm Strad a Highway 7T s existing 18 diffu+ion Into the night sky,and a buffo yard along I8 residential, Staff has reodved one response which 1 19 the western and northern boundaries that Is at last 13 19 was handed tonight and I'll hand this to Ms.(burden and �PJ 20 foot wide w ith one cawy tree per every 20 feel of 20 she can pass It around. The particular mrponse that 21 buffer yard and with 1.5 undcrstory trots rounded to 21 you're looking at which Is in favor is from the most 22 the next hiyhcst whole number fa every canopy tra, 12 adjacent property owner, As YOU can toll 0e the nap rte 23 MR RIsim; second. 23 the document tamers,the property owner who's responded 24 MR tNGft.BREcHT: It's been moved and 24 In favor adjoins this subject property along Its entire 23 seconded to rocommcrtd approval with conditions outlined 23 eastern property line. In total,the public notice was PLANNING do ZONING JULY 14, 1999 =9 page 117 • Pages 120 t, k I t F 511ARt TDrPrI iL Our Dou"nl,r "ime,w Z-"-0U Joe ATTACHMENT 3 3, ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON,TEXAS,PROVIDING FOR A CHANGE FROM AGRICULTURE(A)ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO LIGHT INDUSTRIAL CONDITIONED [L1(C)] ZONINO DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 5.0 ACRES OF LAND LOCATED ON THE NORTH SIDE OF MINGO ROAD, BETWEEN LOOP 288 AND COOPER CREEK ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF S2,W0.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.(Z•99.043) WHEREAS, Greg Edwards of Greg Edwards Engineering Services,Inc.,on behalf of Dr, Ed Wolski, has applied for a change in zoning for 5.0 acres of land from Agriculture(A) zoning district classification and use designation to Light Industrial Conditioned (L1(c)] zoning district classification and use designation;and WHEREAS,on July 14,1999,the Planning and Zoning Commission recommended approval of tl,e requested change in zoning;and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan,the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan;NOW, THEREFORr, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1, That the zoning district classification and use designation of the 5.0 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is ' changed from Agriculture (A)zoning district classification and use designation to Light Industrial Conditioned ,] zoning district classification and use designation under the comprehensive I4 zoning ordii•, 4 of the City of Denton,Texas, subject to the following conditions: A. Lighting on the property shall signed and maintained so as not to shine on or otherwise disturb,sunounding residentl�f property or to shine and project upward to prevent the diffusion into the night sky. B. A buffer yard along the western and northern boundaries that Is at least fifteen(15) feet wide with one canopy tree per every twenty (20) feet of buffer yard and with 13 understory trees(rounded to the next highest whole number)for every canopy tree. , ECTION 2. That the City s official zoning map is amended to show the change in zoning r r, district classification. A. r SECTION 3, That any person violating any provision of this ordinance shall, upon conviction,be fined a sum not exceeding$2,000.00. Each day that a provision of th;s ordinance Is violated shall constitute a separate and distinct offense, 20. ` I tl F:uk�Rtq�oerrLCOW osar,a� 4 SECT'10N 4. That this ordinance shall become effective fourteen(14)days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this of dinance to be published twice in the Denton Record-Chronicle,a daily newspaper published in the City of Denton, Texas,within ten(10) days of the date of its passage. V PASSED AND APPROVED this the day of . 1999. JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L.PROUTY,CITY ATTORNEY BY:_, At 4, Or\ 11. Page 2 0 v i ---WM auk1+ijm flAo•-uaII tx1iI-bk1. ec . :•�, � 5 .: .91 !'.. �5. s� 10:07. i MAY 34, 1488 408146 s1141 ALL TKAY CERTAIN TRACT CA PAROSE OF LAND M4 AND 8EING 41TUATIO IN THE S. WILLWMS QVRM ABSTRACT 12?0,DENTON COUNTY,TEXAS AND SEINO PART OF A CALL!0160,008 ACRE TRACT,AS 046091UD IN A VEND PROM ELECTRONO DATA 6Y$fIMS CORPORATION TO EDWARD P.WOWKI,M D 41WN M.A.FROM ATIM Rlf;ORDEO IN COUNTY CLERKS INSTRUMENT NWJER WROD48774,PEAL PWMTY RE SORDS,DINTON COUNTY.TEXAS,AND BMW MOAE PARTICULARLY 0990MIND All POP.LCWS' CJMMENCINO AT A PENCE CORNER POST AT THE 6OU"*vi4T CORNER OF THE IJOOPIR GREEK VNrMD METHODIST CHURCH TRACT,IEINO RICOROEO IN VOLula 88 PARE 06,DUD MOMS,DENTON COUNTY,Tams; TH INCA SOUTM M 0560814 80 MO MM i I S!DONDS WHST' ALONG AND NEAR A PENOS AND W"NOM RKIHT IRMAY OF MINOO ROAD,A 66TANCE OP 541.61 PUT TOTNE POINT Of SE61NNA40 OP TMI HEREIN DEIICROD moll "NO!60L11'ti 44 0E4111M 80 MNUTES 11 SECONDS WMT ALONG AND NEAR A .FENOI AND VM THE.NORTH R16HT41F40AY OF MS400 W6,A DISTANCE.OF!M 88 FM TO A CORNER; TMENCI NORTH 11 DIGMS!1 MINUTES 97 SECONDS VOT,A DISTANDS CF?002 FEET TO A CORNER; I¢!J4UT�{t�� p"CCRRUI sM MINVTU g0�6 U0000 NAST.A DDIVAA1401i OF 620`5,41 ' � 9•^N�ITOF/l�1NNIN0'' CON� M1'�'QtTb Ss]0'AORLS O!'LJ,i4D� 22, i h . f AGENDA INFORMATION SHEET Ay aHp -035 Agenda Item v Date AGENDA DATE: August 17, 1999 DEPARTMENT: Planning Department ACAI: David Hill, 349-831 SUBJECT -L-99-045 (Oakmont Il Amenity Center Detailed Plan) field a public hearing and consFIer rezoning a.6715 acre site located in the Oakmont It Addition (Lot 6, Block C) from Single-Family 7 with Conditions (SF•7[c]) zoning district to a Planned Development(PD)zoning district. The property is legally described as being .6715 acres in the Stephen )icmbHe Survey, Abstract 643, In the City of Denton, Denton County, Texas. The purpose of the zoning change is to allow for a neighborhood amenity center. The Planning and Zoning Commission recommends approval(7-0). BACKGROUND The applicant has reqL sled to rezone this property to a Planned Development (PD) zoning district and Is asking for approval of r Detailed Plan, The property is part of a subdivision that was reeoned to Single-Family 7 with Conditions (SF-7[c]) in July, 1996. The property was platted In February, 1999. As the propert) was being developed, the applicant applied for a building permit for the amenity center. This use Is not allowed In the zoning district (the lot had been platted as open space with the future Intent to offer some sort of amenities to the residents). The applicant must rezone the property to allow the development of the amenity center, Four(4) property owners were nciAled of the request by certified mail on June 29, 1999 and twelve(12) courtesy notices were also mailed. Informational signs were placed on the property , as well, As of this writing,there has been one response in favor of the request. No other responses have been received, PRIOR ACTIONIREVIEW The following Is a chronology of x•99.045, commonly known as Oakmont it Amenity Center Dclailed Plan; Application Dale •-June 2, 1999. DRC Date(s)- June 10, 1999,June 24, 1999. P& Z Date - July 14, 1999. ESTIDIATED 110J . .T S H .DU .1 Once the zoning is In place,the applicant may apply for a building permit in order to begin ��, construction of the amenity center, t A, FISCAL JNFQRAIAT10N the proposed development will require no short-term public Improvements that are the responsibility of the city. � I .__ 1 . a , c. I I� I RF.COb9MENDATION The Planning and Zoning Commission recommends approval (7-0)orthis zoning request. OPTIONS 1, Approve as submitted. 2. Approve with conditions. 3. Deny, 4. Postpone consideration. S. Table item, ATTACHMENTS 1. Planning and Zoning Commission Report,July 14, 1499,Z•99-445. 2. Planning and Zoning Commission minutes from July 14, (999, 3. DrallOrdinance. F erct'f—ulllyysubmitted: y4- %iJA e-- Mark Donaldson kssislant Director of Planning and Development Prepared by: Kathryn Ni lawn Planner r a fir\ < Y 2, I . I I � �:f 3ry ' ,i ���y�''r�y� K 'Y.4i 6 �ff� T':a'+ a �..'M;-r P.. '. • i !�w 1l •' . lid i Imo• ylJ,_• "a�• /�• \� ���I- Air Ira it "PAL in `its/��� �,�i�: � ,\i$ y'i�i��l� li .._.•,,,.� � I �•;� fA tot Ell Nil �..,. - Applicant: Timothy May Owner: Lloyd Blaylock USA Professional Services Croup 8700 Stemmons Freeway, Suite 400 Lennox Oaks II, L.P. Dallas, Texas 75247 61[16N' Central Expressway., Suite 1313 Dallas, Texas 75206 Planned development zoning districts(pq are Intended to provide for the developn�nt of land as an regulations unit for single In ml 1st use accordance with a plan that may very front the established regulations of other zoning distdctsfor s/mllarland uses. They are also meant to encourage flexible ! and creative planning to ensure the compatibility of land uses,to allow for the adjustment of changing demands to meet the current needs of the community, and to provide for a development that is superior to what could be accomplished In other zoning districts by meeting one or m following purposes: ore of the (1) Provides for the design of lots or building;increased recreation,common or open space for private or public uso; berms, greenbelts, trees, shrubs or other IaMscaplrx3 features; parking areas, street design or access;or other development plans, amenities or features that would to of special benefit to the property users or community; (2) Protects or preserves topographical features, such as trees, creeks, ponds, R( plains, slopes or hills; or (3) Protects or preserves existing historical buildings,structures, features or places. There are three (3) types of plans that may be used In the planned development process; co Plan, development plan and detal'ad plan. ncept CONCEPT developments,, It establishes the most general guidelilines. Identifying the hand use long approximate thoroughfare locations within the boundaries of the district, g HPes, DEVELOPMENT PLAN•This plan is intended to be used most often as a second stop hr the PO process. It Includes the same Information that is provided on the concept plan, plus details as to the specific land uses and their boundaries. DETAILED PLAN — This plan 's the final step In the process and Is required prior to any development. For smaller tracts or where final development to rezoning, the detailed plan may be used to establish th district and rbe the oonnly required plan In the planned development process. It will contain Information specific to the site. All detailed plans should be in substantial compliance with landscape, sign, subdivision and other regulations of the Code of Ordinances. When conceselone from these regulations are requested by a developer, there needs to be corresponding benefits trot merit deviation from those regulations. r�iena+ne i I I I The developer Is requesting a Planned Geve!cpment(PD)zoning disVd classification for this.6715 acre property. The proposal is for a neighborhood amenity center, which will Include a pool, a basketball/muiti-purpose court, a covered pavilion, a playground, and grassy areas. The amenity center will serve the neighborhood exclusively. The City of Denton defines this use as a private community center and,due to the fact that the current uses allowed In this zoning district(SF-7)does not allow for a private community center,the applicant is requesting the zoning change. r.' 1588 Denton Development Plan Analysis The 1988 Denton Development Plan (DDF)shows this area to be within a Low Intensity Ares. These areas are intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small commercial1retail centers spaced at about 'V2 mile Intervals with direct access to a collector type street or larger thoroughfare. Vehicular tip generation due to development within Low Intensity Areas Is restricted to 60 trips per day per acre In order to talance land use with road capacity. Staff finds the proposed development to be consistent with both the policies and trip Intensity standards of the 1988 DDP. 1988 Denton Plan Polleles Analysis The 1998 Denton Plan (DP) is to be used in conjunction with the 1988 Denton Development Plan In evaluating the oonslstency of proposed development with the long range vision for the city. Staff finds the proposed development to be consistent with the policies of the 1998 DP. 1. Transportation A. Trip Generation Due to the fact that the amenity center will serve the neighborhood exclusively, will not have direct access to any street other than the streets within the subdivision, and is promoting bicycle and pedestrian traffic, the trips generated will be r lnlmal. 0, Access Has direct access to alghborhood streets and Indirect access to Robinson Road. C. Pedestrian Linkages Sidewalks along all pub!Io streets are required. 2. UtiliCas This site has access to existing water and sanitary sewer lines. 3. Signs rr� As per the sign ordinance. ' l jr S. 4. Off-Street Parking As this use is defined as a private community center, the minimum number of parking spaces required per code is twenty-five (25). The applicant is proposing fourteen(14) parking spaces which staff finds to be adequate. Staffs reasoning regarding the parking Is two-fold. First, by providing fewer parking spaces pedestrian and bicycle traffic will be encouraged over vehicle traffic. Second, the reduction in required parking Is consistent with other zoning cases similar In nature, e.g., Z-97-016 Wind River Estates Amenity Center. 5. Landscaping This property will have to comply with tiro new Landscape Code, which requires fifteen (15)trees per acre and twenty (20)percent of all surfaces to remain pervious (plantable area). I� t✓�+F'•� . ..e.�I lrt7-1 O�! ?�I�F"Y�A'H W N r31+ . i- rt, ♦ d'n.4.4' Y '_> w� C kk 1.4y,��. .y .1✓CGy .. January 14, 1969 —The subject property was rezoned from Planned Development(PD) zoning district and land use classification to Single Family 7 Conditioned (SF-7(c))zoning district and land use classification in July, 1998. The subject property was platted and filed with Denton County In February 1999. PUBLIC NOTICE r.,w. IAN Notice of the zoning request was published in the Denton Record-Chronicle on July 4, 1999. Four f (4)property owners were notified of the request by certified mail on June 29, 1999 and twelve (12) courtesy notices were also mailed. Informational signs were placed on the property as well. As of this writing, there has been one response in !avor of the request. No other responses have been received. No Neighborhood Meeting was held on this case. The property to the east end south Is not located in the City of Denton. The properly to the west Is owned by the same owners of the subject property. The potential buyers of these lots will undoubtedly view the amenity center as a desirable asset to their neighborhood. This lot Is has been set aside within the subdivision with the construction of the amenity center In mind. RECOMfNENDATION Staff recommends approval of Z-99-045 as submitted in the Detailed Site Plan. MOTION .-sr.i4i.J'.�. I move to recommend approval Z-99-045 as submitted in the Detailed Site Plan. _ .. .. .. cl. ,x•', A .`i.,... �m. ...Er.,. j,;:'.YZia+ .d4;Ii.iL:>).y5... ':Y�� ( I - 1. Recommend approval as submitted. 2. Recommend approval with conditions. �� 6. c; 3. Recommend denial. 4: Postpone conslderatlon. 6. Table hem. 1. Winity Map. 2. Zoning Map. 3. 200.500' Property Owner Notification Map. 4. Detailed Site Plan. 5. Draft Ordinance. fiknanx � 7 . G 0 4 I t F ENCLOSURE 1 NORTH Z•99-045 Oakmont II Amenity Center Detailed Plan SITE i 1 I I j • rtI i i Denton State &howl VICINITY MAP I Agenda Date: July 14, 1999 Seals: None c. u I _ ENCLOSURE 2 PMTH I Z-99.045 (Oakmont 11 Amenity Center Detailed Plan) I SITE ' Pa12 A 3 00 A XF-T(e) i !TJ I ZONING MAP IY j Agenda Date: July 14, 1 999 94 Scale: None a 0 ENCLOSURE 3 Z-99.045 Oakmont II Amenity Center Detailed Plan SITE MW 4f R t. +! !may O •� F S t ha • q AM r cWff /O , � � Bu 'I 200-500 FOOT BUFFER MAP Agenda bate: July 14, 1999 Scale: None 10. t� i i i t, l i 7 � J 0 iM . w _ _~ r --� ��1 •Yw,Yr11�AA11\IW1\fAr � ' : - I I I � Iq r�1/MIYtr Y•wf-iM1.M\f.Rf C • � K�wYrrr�l�Mf\�rrlr► � .I Ant•IW w�AM rrr1�M• , WNW `rM1i�+ V yyy�+r+r1 MVcuC..'tr. ' -, •w -- aM , eme y ,• y�• I M��//��Y��1y.0,�y1 • 1.10..W •,w` .w I �•nOwA •Y IOM M\1,1Y{fMIY 1f\Y\•MY\M i y �y vdT'Npye Haut '" �I_ Or*f DOAK car. � rrMrl MSIL hMl f�R10 w�xrr am y •1 • N I � ENCLOSURE 5 DR Ad4+I Z, ORDINANCE NO. DRAFT AN ORDINANCE OF THE CITY OF DENTON.TEXAS,PROVIDING FOR A CHANGE FROM SINGLE FAMILY 7 WITH CONDITIONS (SF-7[C])ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A .6715 ACRE TRACT OF LAND LOCATED IN THE OAKMONT H ADDITION"T 6,BLOCK C)LEGALLY DESCRIBED AS BEING.6715 ACRES IN THE STEPHEN HEMBRIE SURVEY,ABSTRACT 643,IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; APPROVING A DETAILED PLAN FOR THE DISTRICT;PROVIDING FOR A PENALTY IN THE MAXIMUM ANIOUNT OF$2,000.00 FOR VIOLATIONS THEREO'; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99.045) WHEREAS,Timothy May,on behalf of Lloyd Blaylock-Lennox Oaks I1,L.P.,has applied for a change in zoning for a .671 5 tract of land from Single Family 7 with Conditions (SF-7[c]) zoning district classification and use designation to P?anncd Development (PD) zoning district classification and use designation;and I WHEREAS,on July 14, 1999,the Planning and Zoning Commission recommended approval of the requested change In zoning; and WHEREAS,on July 14, 1999,the Planning and Zoning Comtrtission recommended approval of the detailed plan shown as Exhibit"B"; WHEREAS,the City Council funds that the change in zoning will be in compliance with the 1938 Denton Development Plan, the 1998 Denton Plan Policies,and the 1999 Growth Management Strategies ani Plan;NOW, THEREFORE If THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation of the .6715 acre property described in the legal description attached hereto and incorporated herein as Exhibit"A" is changed from Single Family 7 with Conditions(SF-7(c]) zoning district classification and use designation to Planned Development(PD) zoning district classification and use designation and a detailed plan for the.6715 acres is adopted,said detailed plan being attached hereto and Incorporated i herein as Exhibit "B" for all purposes, to allow an amenities center in accordance with the i ' comprehensive zoning ordinance of the City of Denton,Texas. / .`- .✓ SECTION Il. That the City's official zoning map is amended to show the change in zoning district classification. 12. U SECTION III. That any person violating any provision of this ordinance ahali, upon conviction,be fined a gum not exceeding S2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION IV. That this ordinance shall become effective fourteen(14)days from the date of its passage,and the City Secretary Is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle,a daily newspaper published in the City of Denton, Texas,within ten(10)days of the date of its passage. PASSED AND APPROVED this the____day of . 1948. JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY.CITY ATTORNEY j BY: j a,4A" +. i3. v C I i EXHIBIT A �y • 1 FIELD NOTES : 29260 Square Feet o;0.6716 Acres Dentrn, Texas dj1% 1908 ! BEING a 29,260 square foot or 0.67% acre tract of land situated in the Stephen Hembde Surrey, Abstract Number 643, in the City of Denton, Denton County, Texas, and being all of Lot 6, Bloc( 0 of Oakmont 11 - Section 1, an addition to the City of Denton as recorded In Cabinet P, Pape 367 of the Map Records of Denton County, Texas, and being more particularly described as follows; BEOMNING at a one-half Inch iron rod found at the intersection of the North line of Marquette Drive (a 60 foot wide right-of-way)with the West line of Harvard Ddvo (a 60 foot wide right-of-way), said comer being the Northeast comer of said Lot 6; THENCE South 03'26'43'West along the West fine of saW Harvard Drive and along the East line of said Lot 6, a distance of 234.00 feet to a point for corner at the intersection of the West line of said Harvard Drive with the North line of Villanova Drive (a 60 foot wide right-of-way); THENCE North 86'33'17' West oont;nuing along the North line of said Villanova Drive and along the,South line of said lot 6, a distance of 126.00 feet to a point for comer, THENCE North 03'26'43' East departing the North line of said Viltanove Drive and being along the West line of said Lot d, a distance of 234.00 feet to a point for comer, THENCE North 86'33'17'West a distance of 126.00 feat to the POINT OF BEGINNING and containing 29,260 square feel or 0.6716 acres of land, more or less r �I SCHEDULED ON r I JUN 101993 U&MPruJed,Jn.08002 PLANNIha P, OFNEIPP,1 0IT OEVELOPMENTRENEW -- - OMMITTEE c• c; • I I - EXHIBIT B j f w j I in L i IFIX -t--V-K r -r-FT- JMMZ-% ' • • I , ilk � . . � . � • _ t to ' ..�..--------- •I • - _ _� � � 1 • r r r r • jr\ If if If fief M MEg 15. tr 4 • i ATTACHMENT 2 ` pW 77 Page 79 l I MR ENGM-BRECIff D's been moved and 1 the subdivision arc aware that that will be an amenity i 3 2 seconded to continue to July 28th Discussion? All In 2 center there. 7bencrom staff recommends approval. 3 favor raise you right land. Motion comics 3 MA ENGELB1tMM: Conunissionen,are there 4 unanimously. 4 any questions? Yes,IAL Craaacr. 5 Item 1 I this evening then is to bold■ 5 MS GANrER: You said that normally we don't 6 public hearing and consider making a recommendation to 6 allow this within an SF-7. it it the YD within the SF-7 7 City Council concerning the retuning of.67-acre silt 7 that we don't normally allow or the amenity center'! 6 located In the Oakmont n Addition from Single-Family 7 S MS N MEN: 'the amenity center. 9 with Conditions to a Planned Development Zoning 9 MS GANZER: why would people In an Ss-7 10 District The purpose is to allow for a neighborhood 10 subdivision ant be entitled to an amenity center? 1 s amenity oentc. And I believe Ms.Nilsen is going to I 1 MS.NttSSEN: It let Mr. Donaldson address 12 --at this time I'll open the public hearing. 1 believe 12 that. 13 Ms Nilssm is going to provide us with the staff 13 MR DONAtDSON: Only dUM that Put together 14 report. 14 the Code when it was Iasi amended could answer that. 1 15 MS,MtSSEN: Thank you,Mr.Chair, 1I think that•- 16 Commissioners. As mrntionod,this Is a.6715-am site, 16 MS GAMER: I think that's something we 17 It's located in s Single-Family 7 Conditioned inning 17 need to look Into. 19 district and they are requesting to change it to a IS MR.DONALMW Olt,very definitely. We 19 Planned Dc-%elopment to allow for A neighbrhood amenity 19 have a recent history of crating the PDS widen new 20 center. Tlxy will -• it's located •-well,kt me slow 20 subdivisions to aceommodate-- 21 you the site plan. The amenity center is located-- 21 MS G VLM. Hut if they're for this, 22 this is Robinson Road and the amenity oxrter Is located 22 then-- 23 right here so it's about two blocks off the Matti street. 23 MIL DONALDSON: m the new Code I can N It will include a pool,a basketball multipurpose 24 practically gwranta that it will be a use by right. 25 court,a coveted pa";on,a playground and grassy 25 Ms.GANrER: I just thought I'd bring that Page 78 Page 80 1 areas,and it will serve the neighborhood exclusively. 1 up. 2 We don't allow this type of use currently In 2 MR.ENGFISUM: Any other questions? Ma 3 an SF-7 renting district Therefore,the applicant has 3 Crourdie. 4 had to request to rezone this portion to a ro, it does 4 MS.00MIEt Tto Just kind of curious,low 5 conform to our '99 Plan and our 1998 Denton Plan S long has it born told that there would be an amenity 6 Policies and our Growth Management Strategies. It will 6 center there? Do you know low Iona may've ban 7 promote bicycle and palcstrian traffic so we predict 7 advertising that? S trips generated will be minimal, Normally,we would S Ms.N MEN: Well,it's been planted air" 9 require 25 parking spaces as we identify this u a 9 1996,so,1 mart,the applicant may be able to addrtu 10 private community center. Due to the fact that ens would Io that better than ow. I I like to promote podcstr;an and bicycle traffic over 11 Ms.UAMD1¢: Because I find that 12 vehicle traffic,we find that 14 spaces would be 12 interesting that it wasn't taken can of at the timer 13 adequate. And,also,to redum the number or'peces is I3 MS,NLSSEN: And,again,he can address 14 consistent with odxt amenity centers that we've Pasted, 14 this better Ban me. I think from what I tmdastood it 15 that y'al I have passed before; fa example,Wind River 1$ was just an tnerd k ght. Ws they initially came in with 16 Estates amenity center, 16 this SF t they weren't aware that an amenity center 11 Notice of the request was publishxd in the 17 wato'I a uSe by right. /r 18 Denton Record Chronicle on July 4th. Four legal notice$ is MIL ENGU2RWW: other questiont7 ,t 19 were mailal and 12 courtesy notices were mailed. Then 19 MR.BUCEK: Some of you may remember who ( r 20 has been ow response in favor, No other responses were 20 Wind River carve up,there were OR these discussions 21 reccived No neighborhood mocfing was held as the 21 about the amenity center and it was a big Selling point 22 owners of this properly our the Property to the west. 22 but nobody thought about the:Doing. So I think the 23 7:e property to the east and south are in the E7J and 23 Cotatcil when dry approved t assumed Here would be an 24 tk rite is actually being marketed right now u all 24 amenity center. They just didn't ralim we had a i 25 amenity center, So the potcIttial awrers as they go into 25 technical violation. PLANNING &ZONING JULY 14, 1999 16 Page 77 -Page 80 r condcosclt" _ Page 81 Page B3 I MR.DONALDSON: I would expect that not I that potential building site there? 2 until the applicant came to pull a building permit for 2 MS.NMEN: Actually it's more of a 3 the structure did all of us realize that we have s 3 pavilion-type of thing. It's not really going to be A 4 little zoning to do yet. 4 building,per se. 3 MS.GOURDIE: Thank you. S MR.F?1GELBRECNT: The SF 7 zoning is going 6 MR.ENGELBRECHT: Nis. Nilsen,are we 6 to be a house right behind it to the west of the pool? 7 approving the detailed plan for the PD with this? 7 MS.NUM N: Okay. S MS.NILSSIN: Yes,sir. 6 MR.ENOELBRECHT: ON we've got en 9 MR. FNOELBRmrr: Okay. I wanted to make 9 eight-foot fence there. I'm sorry, it's An eight-foot 10 sure. It didn't say that on the •• 10 fetter. Okay. I was just a little curious about these 11 MR.BUCLK: The motion does. 1 t folks having this pool right in their sort of back side 12 MR.FNO?LBRKUT: I was just talking about 12 yard. 13 on the Agenda. 13 Ms.NussEN: Yeah,they would have to 14 MS.NRSSEN: You're right Sorry. 14 confo^n to State regs as far as enclosing that pool. 15 MR.ENGEL13 RECH'r: And 1 follow that up with 15 MR.ENGELBREGIT: Well,W. I know that I id do we have a problem since we didn't advertise it as a 15 was thinking about the noise and all of that and,you 17 detailed plan,is that an issue or mot? I didn't 17 know,time folks get a sort of•-on one hand, it's a i s realize that until I was thinking about-•do we have 1s great amenity. On the other, it's right in their 19 any kind of problem? t9 backyard or side yard. Okay. But there's an 69M-foot 20 MR. DONALDSON: t don't believe so. We've 20 fcnte. 21 advertised that it's a Planned D,,-wlopment and the 21 Ms.N1tssEN: well, I can tell you right now 22 detailed plan is one way to Institute a Planned 22 there's no kuscs there built yet and there's a nice big 23 Dcvclopmcnt 23 sign that says"Amenity Center"on this Corner. So 1 24 MA.SUCEK: 1 think we're clay. If we'd had 24 would hope that they would see that 25 our druthcrs we'd have done it the other way. But 25 MR.ENGELBREM: Right But there is In Page 82 Page 84 I because it says PD and the detailed plan is really more 1 eight-foot fence, I didn't realize it was eight-foot 2 specific than getting a PD.1 think we're okay. 2 LVuy. Thank you. Any other question.+? Is the 3 MR.ENGELBRECHT: We're going further than 3 petitioux or petitioner's mpmsentative present? If 4 we might --than we advertised? 4 you could p1,we give us your name and business Address 5 MR. BUCEK: tight S for the record 6 MR ENGELBRECHT: Okay. Then,Isis. Nilssen, 6 Mx MAY: Yes,air. Good cwMng,Mr. 7 1 have one other question for you. On the detailed 1 chairrm^Commissioners.and City staff mcnbcm My 8 plan, immediately-• I guess it's to the east of the s name is Tim May. I'm the Yice President of land 9 sort of pool deck,is that an easement or is that an 9 Planning and landscape Architecture for US4 Professional l0 Alleyway? Other side,other side of the pool. Oo to to Swifts Ormp,lecarporatcd,8700 Stemmons Freeway, I 1 the other side of the pool. Yeah. Now,just keep going l l Suite 400,Dallas, 75247. We are the land planners, 12 east •• west,I'm sorry. 12 engineers,and$urvgxn And landscape architorts for 13 MR,DONALDSON: 7 here's some dashed lines 13 this project 1Ye represent Lennox Oaks it.LP,our 14 parallel to the property line. N client and the dcrroloper for this projecL AA'e'm here Is MR. ENOELBRECHT: Yes,riglsf there. 15 tonight to sower some questions that you may ask Ad rove 16 Ms.NnmEN: ON I believe that's a fence, 15 also ask your support 17 MR. DONALDSON: No,perpendicular 10 the 17 Mx ENGMRE.C1rr: Commissioners,are there is amenity center and the•• i8 any questions! Mr.Rishel. , d 19 MR.ENGELBRE.CHT: Pool equipment. This 19 MR.RISHEU I rtotiood that on this plan ( e , 20 right here. 10 that we have you have same,I guess,existing trey that 21 MS,NRSSEN: I don't know what hose tines 21 Are marked out 0e here. Is there Anything sigttifiant 22 arc, Mr.Chair. 22 trec-wise that you're snaking an effort to sate And 23 MR.ENOELBRECUT: okay. The other question 21 ptesene in this woaderfui rnvironmcnt that yoa'm 24 1 have, as I we this,we're 20 feet .. the pool itself, 24 trying to create here? 25 not the deck,but the pool itself Is,like,20 fat from 25 Mss MAYr oa the detailed plan the existing 81 - Page 84 ?age PLANNING& ZONING JULY 14, 1999 17 . I Condenaelttm Pap 85 Page;87 1 trees we're trying to save are a solid black 40L Those t tall wooden fence,So well as six canopy trace and ko 2 are what we amsVer spocimen troea for the area. 2 under-stay tree per every 100►inear feet Of part 3 They're all in 0 12 to 24-inch caliber range. They're 3 tbcroof be amatroctod In the setback along any Loop 289 4 very worthy of saving and this whole development has 4 frontage. Said buffer yard is to be Installed at the s tried to do that throughout,tot just at this amenity 3 time building permits arc iswed for each individual lot 6 center. If you-11 notice that we've maneuvered the 6 having frontage along Loop 299. 7 playground and the basketball court Into open areas 7 Since that time the City's Mobility Plan has 8 trying to prvicnic thaw trees and we're taking measures a been updated. Loop 288 is taw rM 2499 and the proposed 9 to protect those, as well, 9 amendment to the condition would reflect this. It would 10 MR.FJSHEL: Thank you. 10 also mua the number or trees requbed within the I I MR ENGELBRF.CHT: .tny other questions for I I buffer yard. And the proposed condition would read that 12 the petitioner? Thank you,sir. Is there anyone 12 a 10-foot wide buffer yard consisting of a six-foot tall 13 present who would like to speak in favor of this 13 wood+.» fence,is well u two aaopy trees per nary 14 petition? Anyone present to speak In favor of the 14 residcntisl lot or part thereof be constructed in the i s petition? Iii that case, anyone present to speak in j5 setback along any FM 2499 frontage. The said buffer 16 opposition to the petition? Anyone present to speak in m yard is to be installed at the time building permits we I7 opposition to the petition? Seeing no opposition,the 17 Issued for each individual lot having frontage along FM la rebuttal period is waived. Public hearing is closed. 18 2499. 19 Ms.Nilsse n, any final staff remarks? She Indicates no. 19 Basically what will octuu bere,this was the 20 Commissioners, arc there any questions for staff, 2u -•here's where Loop 288 would have been turd bee's the 21 comments,or a motion? 21 subdivision. I guess you can sae it closer om hue 22 MR.RISFIEL: Motion. 22 Item's the subdivision, Hat's the right-of-way for 23 MR.. ENGELBRECIIT: 1.1r. RWVI. 23 Leap 288, At the time the ordinance was passed a 2e MF., RISHEL: 1 Move to recommend the 74 condition required that this buffer yard be planted 1 25 approval of Z-99.045 as subautted in the detailed site 25 betw.en the highway frontage and the subdivision, Just Page 86 Page 88 I plan I to illustrate Wiat the developer is proposing now that 2 Ms.GGllRniw: second. 2 FM 2499 has replaced Loop 288 in our Mobility Plan,he 3 Ma,BN*GEt.BRFC117: it'i baro moved and 3 is eliminating the under-story trees and Planting two,I 4 seconded to recommend approval. Any discussion? All In 4 believe,cedar elms in each yard So that Is what the 5 favor raise your right hand, Motion carries S developer would like to do. 6 unanimously. 6 Staff agrees with the proposition put 1 Item 12 Is then to hold a public hearing 7 forward by the developer,although we W have a couple 8 and an9*r making a recommendation to City Council 8 of conditions that we would like to add to the 9 regarding the amendment of Condition 1,Ordinance No. 9 amendment, Number one,that these trap that are being to 96.145,which defines the zoning district clrssillcation 10 planted iviNn the buffer yard be required above and I i or the Oakmont it subdivision and imposes conditions on t l beyond rho trop already required In the Landscape 12 its development. The property consists of 52.9 acres 12 Ord°cans,which I believe is IS per sae,so these are I3 located on the north side of Robinson Road, 13 gol'0 to be,In effect,extra trees. And also staff Is 14 approximaicty 400 fact west of state School Read. The 14 noamincnding that the Pena at the cull-&-sacs be of an 13 purpose of the proposes!amendment I,to ether the amoer,t IS open design to creak a visual connection betwten the 16 or landscaping within a buffer yard heiwom the 16 subdivision and the highway right-of•way to break up the 17 subdivision and right-of-way of rho proposed FM 2499 17 monotony of that fence tifilch is geir l to fax the I r I I highway. And I believe Mr.Gray is going to provide us 18 Eghway when••at whatever time P Is built and to ' A 19 with his first staff report here. Welcome,Mr.Gray, 19 c-ale a focal lelnt for each one of these stros2. Aral f 1'. 20 MR.GRAY! 7fank YOU, Good evening. N. this Is J at an estictic Considrta ter,c s or pan, A:r! 21 basically what's happening here Is tee developer Is 21 1 will be 1apry to arrAw ony quetoos. i 22 requesting an amendment to Condition No. 1 od by City :2 MR.a<;EI ILECHr: (W101151 MS.'J(lunlie. 21 Ordinance No. 96.145,which was the ordinance orl;inally 2} 143.OoUatNC: I'M)tat curious taw is the 24 zoning this subdivision. The coedition currently read. 24 highway a focal point? I 25 that a 10-fax wide buffer yr I consisting or a six-foot `125 Ma.00.m well,dta h*wsy Itself Isn't a PLANNING & ZONINCIJULY Nr 1999 Pogo 85 -Pdge 88 1 18. lie ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON,TEXAS,PROVIDING FORA CHANGE FROM SINGLE FAMILY 7 WITH CONDITIONS(SF-7];C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A .6715 ACRE TRACT OF LAND LOCATED IN THE OAKMONT H ADDITION(LOT 6,BLOCK C)LEGALLY DESCRIBED AS BEING .6715 ACRES IN THE STEPHEN HEMBRIE SURVEY,ABSTRACT 643,IN THE CITY OF DENTON,DENTON COUNTY,TEXAS;PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR THE DISTRICT;PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-045) WHEREAS, Timothy May,on behalf of Lloyd Blaylock-Lennox Oaks 11,L.P., has applied for a change in zoning for a .67 I S tract of land from Single Family 7 with Conditions (SF-7[c]) zoning district classification and use designation to Planned Development (PD) zoning district class;fication and use designation; and WHEREAS,on July 14, 1999,the PIanning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS.on July 14, 1999,the Planning and Zoning Commissi..n recommended approval of the detailed plan shown as Exhibit"B'; WHEREAS,the City Council finds that the change in zonir s w iil be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies,and the 1999 Growth Management Strategies and Plan;NOW.THEREFORE 1 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Thct the zoning district classification and use designation of the.6715 acre property described in the legal description attached hereto and incorporated herein as Exhibit "A" is changed from Single Family 7 with Conditions(SF-7(c]) zoning district classification and use designation to Planned Development(PD)zoning district classification and use designation and a detailed plan for the.6715 acres is adopted,said detailed plan being attached hereto and incorporated herein as Exhibit "B" for all purposes, to allow an rmeuities center in accordance with the comprehensive zoning ordinance of the City of Denton,Texas. SECTION I , That the City's official zoning map is amended to show the change in zoning district classification. SECTION III, That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding S2,000,00, Each day that a provision of this ordinance Is , f,, violated shall constitute a separate and distinct offense. SECTION IV, That this ordinance shall become effective fourteen(14)days from the date 19. c of its passage,and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, it daily newspaper published in the City of Denton, Texas, within ten(10)days of the date of its passage. PASSED AND APPROVED this the_day of . 1999. JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: A APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY,CITY ATTORNEY BY: 20. I L EXHIBIT A FIELD NOTES 29250 Square Feet or 0.5715 Acres Denton, Texas Juns, 1998 BEING a 29,250 square foot or 0.6715 acre tract of land situated in the Stephen Hembrie Survey, Abstract Number 643, In the City of Denton, Denton County, Texas, and being all of Lot 6, Block C of Oakmont II — Section I, an addition to the City of Denton as recorded In Cabinet P, Page 367 of the Map Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a one-haB Inch Iron rod found at the intersection of the North line of Marquette Drive (a 60 foot wide right-of-way) with the West line of Harvard Drive (a 50 fool wide right-of-way), said corner being the Northeast comer of said Lot 6; THENCE South 03'26'43'West A" the West line of sold Harvard Drive and along the East line of said Lot 6, a distance of 234.00 feet to a point for corner at the intersection of the West line of se'd Harvard Drive with the North line of Villsnova Drive (a 50 foot wide rightcf-way); THENCE North 66 133'17' Wiest continuing slang the North line of said Villanove Drive and along the South line of said Lot 6, a distance of 125.00 feet to a point for comer, THENCE North 03026'43' East departing the North line of said Villanove Drive and being along the West line of said Lot 6, a distance of 234,00 feet to a point for comer, THENCE North 86'33'17' West a distance of 125.00 feet to the POINT OF BEGINNING and containing 29,250 square feet or 0.6715 acres of land, more or less rr II SCFIEU�'LED OPT tirr USAI Project No.98002 e002lo400 Cod � . DEVEIII'VE�"TRO EW . .. C Ma�trEE 21 . - "1 I ( • sw sl I , •� I F P ♦ � I •w NTNd: SF-7 IL WA • I I •rr '1'e, , � , OtMme w SR♦ r . ___—� , I�rlbwwfwua,�Ywrrrn . ���'�� •• °,.1'K.: I . __ C tt>t1U! + I p t — w■`w.biw4w,rF°niA °a laa M,se+w 61/lalf N!t/.t 4d N N�y h4Y/WtfA4 ill-b&% /W f�wala f �rrbYlawlMrbrwrlu llnr 18 Yty•r 41{COW rAMnl l•ii{ &0 p�t %a of /oMrr,Nr J•rrw�'�rbh♦Sij I I ♦ Y�wtrtis�wubbawbN 1'w,wf M�jFw r..�y�110/IfbMw N Nnio- SF•7 ^' I I 7()N�I FiC . $i Rw + I ,w%W�M��M N w •,,,, pa I I $F•7 �• wa.Nrwbnrsr wlr w �w"M44*180 rr t.rrlt/ M 7�p7�J Y►rfsY WN y � t �luu.11,�.,,,t''�'�":7wa� M Ste, � .,. • lot •I Kim aw '♦w' ♦ f I YhM�I�IMbM1�I�IM,b111/Y qt�llyt/l4 .IyI�I rrAy Y'1 '.rr. +• rr KIp,l; YI Ll N"/r mirl ftSiiI"O UI MI IA r , �•'yf. I am"" wi q1N 1• r11 t1.��1 7.ONfNO: SF-7 I ( I I , © SITE PLAN V. w.r,r.rr•r NORTH MIL CRAM Kuw ?LAN Iriila M// I wib —Ma m- -w wr e,WE c r< I I AGENDA INFORMATION SHEET Agw*bm��!7Z 1 AGENDA DATE: August 11, 1999 DEPARTMENT: Planning Department CAI/DCMlACM: David Hill, 349.8314 SUBJECT—Z-99-047 Oakmont 11 Ordinance Amendment Hold a public hearing and consider amending condition one(1)of ordinance No. 96.145. The properly is legally described as 52.969 acres in the Stepher, Hembrie Survey (Abstract No. 643) in the City of Denton, Denton County, Texas. The property is located on the north side of Robinson Road, approximately 400 feet west of State School Road, The proposal is to alter the amount of landscaping within a bufferyard between the Oakmont it subdivision and right-of-way for the proposed FM 2499 highway. The Planning and Zoning Commission recommended approval (7.0) with conditions. (Z- 99-047) BACKGROUND The applicant is requesting an amendment to condition one(I)of Ordinance No. 96.145. The condition currently reads: That a ten foot (10) wide buJjer)wrd consisting of a six foot (6) tall wooden fence, as well as sir (6) canopy trees and ten (10) understory trees per every 100 linear feet, or part thereof, be constructed in the setback along any Loop 288 frontage. Said bufferyard is to be installed at the time building permits are issued for each Individual lot having frontage along Loop 188. The amended condition as proposed by the applicant would read: That a ten foot (10) Hide buf/fer)ard consisting of a six foot(6) tall wooden fence, as well as two (2) canopy trees per every residential lot, or part thereof, be constructed in the setback along any FAL 1499 frontage. Said bufferyard is to be installed at the time building perm,'rs are issued for each individual lot having frontage along rX.. 2499. When Ordinance 96.145 was passed, local mobility plans provided for the eventual continuation of Loop 288 around the entire City of Denton. As a result, when the Oakmont 11 subdivision was LR originally designed,the developer set aside right-of-way to cant'the proposed highway, t 1r Loop 289,when completed, was intended to be a limited-access freeway with a required right-of-way of 240 fact and a design speed of 70 miles per hour. The highway was forecasted to carry a Iraffic volume of between 36 and 40 thousand vehicles per day. 1 , I i Ordinance 96.145 was passed with a condition that required a ten foot(10') wide butferyard consisting +: of a six foot (6') tall wooden fence as well as six (6) canopy trees and ten (10) wlden,tory trees per every 100 linear feet within the setback along roughly 1600 linear feet of frontage of the proposed highway right-o"way. The purpose of the bufferyard was to screen the residential subdivision from externalities such as noise and visual blight created by the major thoroughfare running adjacent to it. Roughly two and a half years aner Crdinance 96-145 was passed, the city revised its mobility plan. During the revision process, it was decided that Loop 288 would not be continued through the south of Denton as previous plans had indicated. Fhi 2499, which originally was slated to approach Denton from the south and intersect Loop 288,was designated to follow Loop 288's proposed alignment from that proposed intersection northward to Interstate 35 East. The Denton Mobility Plan, adopted as Resolution 898.065 on December 15, 1998, reflected this change by amending the designation of the highway running alongside the subdivision from Loop 288 to FM 2499. FM 1499, as currently proposed, is intended to be a six-lane urban boulevard which will require a right-of-way of 120 feet and which will be constructed with a design speed of 40 to 45 miles per hour. The highway is forecasted to carry a traffic volurre of between 36 and 40 thousand vehicles per day when built. There are no plans to build the proposed highway within current CIP, The applicant would like the conditions of Ordinance 96-145 to be amended to 1) reflect the change in designation of the proposed highway from Loop 288 to FM 2249, and 2), allow the reduction in the number 'trees required along the bufferyerd. The wooden fence required by the original Ordinance's condition would remain. Y Four(4)property owners were notified of the zoning request. One (1) response has been received in favor of the request(see Atlachment 1 -Property Owner Responses section). OPTION 1. Approve as submitted. 2, Approve with conditions. 3. Deny. 4. Postpone consideration. 5. 'fable item. RECOMMENDATION 1 The Planning and Zoning Commission recommends approval of the amendment as proposed by the applicant(7-0)with the following conditions; 1. The trees planted in the bufferyard will be provided in addition to the 15 trees per acre specified by the landscape ordinance. ES'I'111.%ED PROJECT SCHEDULE i' I uc rulxiivision has been platted and is under construction. " I 2. c. PRIOR ACTION EJ .W , The following is a chronology of Z-99-047,commonly known as Oakmont 11 Ordinance AmcaJment: Application Date— June 2, 1999 P&Z Date— July 14, 1999 FISCAL INELIRMATION No short-term public improvements that are the responsibility of the city are required. i RECOMMENDATION The Pianring and Zoning Commission recommends approval of the amendment as proposed by the applicant (7-0)with the following conditions: I. The trees planted in the bufferyard will be provided in addition to the 15 trees per acre specified by the landscape ordinance. ATTACHi1 ELNTS 1. Planning and Zoning Commission Report,July 14, 1999,2.99.047, 2. Planning and Zoning Commission minutes from July 14, 1999, 3. Drafl Ordinance. Respect ully submitted: Mark Donaldson Assistant Director of Planning and Development P epu$d by: 'a Thomai B. Gray Planned 3. r ATTACHMENT 1 PLANNING AND ZONING COMMISSION STAFF REPORT Stjbject: Oakmont II .Cease Number: Z-99-047 Ste: Thomas Gray, Planner I Agenda Date: July 14, 1999 Hold a public hearing and consider making a recommendatlon to the City Council concerning the amending condition no. 1 of Ordinance No. 9C-145. ALM r j , r 4 r LOCATION MAP Location: Oakmont II Subdivision Size: 52,9693 acres ' 4. F RAL INFORMATION nt: Timothy May Owner; Lloyd Blaylock USA Professional Services Group Lennox Oaks II L,P. 8700 Stemmons Fwy, Suite 400 611E Central Expressway, Suite :313 Dallas, TX 75247 Dallas, Texas 75206 SUMMARY OF ZONING REQUEST The developer is requesting an amendment to condition no, 1 set by city Ordinance No. 96-145. The condition currently reads; That a ten foot (10) wide bufferyard consisting of six foot (6) tall wooden fence, as well as six(6) canopy trees and ten (10) understory frees per every 100 linear feet, or part thereof, be constructed In the setback along any Loop 288 frontage. Said buNeryard is to be Insfahed of the time building permits are Issued for each Individual lot having frontage along Loop 288. i The proposed amended condition would read; i That a ten foot (10) wood bufferyard consisting of a six foot (6)tall wooden fence, as well as two (2) canopy trees per every residential lot, or part thereof, be constructed in the setback along any F.M. 2499 frontage, Said bufferyard Is to be Installed at the time building permits are issued for each Individual lot having frontage along F.M. 2499. The net result of this amendment will be to reduce the amount of landscape plantings required within the bufferyard between the highway right-of-way and the residential area from 68 canopy trees and 1 107 understory trees to 22 canopy trees and 0 understory trees. BACKGROUND INFORMATION When Ordinance 96.145 was passed, local mobility plans provided for the eventual continuation of Loop 288 around the entire City of Denton.As a result, when the Oakmont II subdivision was originally designed, the developer set aside right-of-way to carry the proposed highway. Loop 288, when completed, was Intended to be a Ilmited-access freeway with a required right-of-way r ,' of 240 feet and a design speed of 70 miles pw hour. The highway was forecasted to carry a traffic volume of between 36 and 40 thousand vehicles per day. J 5. z. l i I s I Ordinance 96-145 was passed with a condition that required a ten foot(10')wide bufferyard consisting } of a six foot (6')tall wooden fence as well as six (6) canopy trees and ten (10)understory trees per every 100 linear feet be constructed within the setback along roughly 1600 linear feet of frontage oetween twelve residential lots and the proposed highway right-of-way.Tho purpose of the bufferyard was to screen the residential subdivision from extemalities such as noise and visual blight created by the major thoroughfare running adjacent to it. Roughly two and a halt years after Ordinance 96-145 was passed, the city revised its mobility plan. During the revision process, it was decided that loop 288 would not be continued through the south of Denton as previuus plans had Indicated. FM 2499,which originally was slated to approach D.nton from the south and Intersect Loop 288 somewhere southeast of town, was simply , ,a to fn low Loop 288's proposed alignment from that proposed Intersection to Interstate 35 East. 71 id Denton Mobility Plan, adopted as Resolution R98-065 on December 15, 1998, reflected this change by amending the designation of the highway running alongside the subdivision from Loop 288 to FM 2499. FM 2499, as currently proposed, is Intended to be a six-lane urban boulevard which will require a right-of-way of 120 feet and which will be constructed with a design speed o(40 to 45 miles per hour. The highway is forecasted to carry a traffic volume of between 36 and 40 thousand vehicles per day when built i here are no plans to build the proposed highway within the near future. Nw �l Pop� rirISTOY ._ � _ January 14, 069— The subject property was placed in the Agricultural (A)toning district and land use classification by Ordinance 69-01 August 5, 1986 —The subject property was rezoned from Agriculture (A)To Planned Development (PD) (1171 by Ordnance 86.143. July 2, 1996— The subject property was rezoned from Planned Development (PD)to Single Family 7 Conditioned (SF-7(cj) by Ordinance 96-145. May 270 1998— The final plat of the subdivision(Oakmont ll, Section 1)was approved by the Planning and toning Commission as PU Action Z-98-031, PUBLIC NOTICE Notice of the zoning request was published in the Denton Record-Chronlds on July 4, 1999. Four (4) property owners were notified of the request on June 29, 1999. (See Enclosure 4). As of this writing, , thare has been one (1) response In favor of the petition. One (1) notification was returned as A undeliverable. 1� No neighborhood meetings were held. I 6. i STAFF'S ANALYSMS The applicant would like the conditions of Ordinance 98.145 t, be amended to 1) reflect the change In designation of the proposed hig away from Loop 288 to FM 2249, and 2), allow the reduction In the number of trees required along the bufferyard. The wooded fence required by the original Ordinance's condition would remain. The applicant believes that, because the wording of the conditions In the original ordinance refers to Loop 288, the change in designation from Loop 288 to FM 2499 renders those conditions null and vold. The applicant has requested that the ordinance be amended to reflect this change. He is also using this opportunity to reduce the amount of planting required within the bufferyard by the original ordinance. While staff does not agree with the applicant's legal Interpretation, it does find merit In the applicant's desire to reduce the number of trees he is currently required to plant along the highway right-of-way. Although the conditions set forth In the original ordinance would have produced a very lush bufferyard, there would have been some negative consequences to the plantinjs as well. First, the amount of planting required under the original ordinance was overcrowded. It Is probable that the trees planted so close to one another would have had to compete for water,nutrients and sunlight. It is un!ikely that very many of the trees would !lave ever been able to reach their mature size and it is also likely that many of the trees would have died. Second, the planting as required under the original ordinance would have been costly. Landscaping costs le.curred by the developer are, of course, eventually passed on to the homeowner. Thus, the more ravish the landscaping, the more expensive the house. i Although both Loop 288 and FM 2499 are expected to carry the same traffic volume, traffic speeds along FM 24'j3 will be much slower than they would have been along Loop 288. Therefore, it Is likely that FM 2499 will generate less noise than Loop 288. Furthermore, the amount of noise abatement the original bufferyard would have actually provided Is also questionable. When the original zoning casA carne up for review,staff felt that the owners of the lots abutting the Loop 288 frontage would eventually want some sort of sound screen batween them and the noise generated by traffic along the bop. The construction of a sound wall along the frontage, however, was considered to be too expensive and unsightly, so staff recommended that a bufferyard be provided within the minimum 10' setback required within each lot as a more aesthetic and more economical alternative to a sound wall. Staff felt that, once mature, such a heavily planted bufferyard would provide at least some sound absorption. However, as was discussed when the case was being considered during the Planning and Zoning Commisslon meeting of May 22, 19£0, such a narrow bufferyard would have only provided some reduction in noise. It would not have been as effective as noise abatement techniques such as building a sound wall or somehow moving the homes a quarter mile away from the loop. It is also important to note that the trees planted within this bufferyard are actually located within the properties of the individual homeowners and would be subject to the desires of that individual homeowner. These trees could be cut down if the homeowner so desires. The applicant proposes to plant Cedar Elm (Ulmus crassifolia),which when mature has a height of 50' and a spread of 40' In diameter, at two per lot, or roughly 57" on center, for a total of 22 trees, 7. i I i Generally, a 50' high mature tree has a spraad of 40' —60' In diameter, For this reason, street trees might be planted at 45 — 60'on center, A,ong the 1600' of frontage between the residences rind the highway right-of-way, this would result In a total of 28 trees. Staff feels that the number and spacing of trees proposed by the applicant Is sufficient. The smaller number of trees proposed by the applicant will provide a good canopy when mature and will probably be just as effective a visual buffer and only slightly less effective a noise buffer than the previous design. The spacing will allow trees to grow without competition and crowding. These trees will provide plenty of cover, they will not be as big a headache to the homeowner in terms of maintenance as would be the currently-prescribed bufferyard, and they would not preclude the homeowner from planting more trees and shrubs according to his or her desires (as would have the previous bufferyard). Although the line of trees within the bufferyard would probably be even more aesthetic if trees were planted In the gaps at the cul-de-sacs, the presence of a street lamp at the end of each cul-de-sac bulb makes this impossible. However,the gaps at the cul-de-sacs present an aesthetic opportunity. By requiring that the wooden fence at the cul-de-sac bulbs be "open" between the building lines of the adjacent lots, a visual connection between the subdivision and the highway can be created. This breaks up the monotony of the wooden fence along the highway, provides visual interest at the end of each cul-de-sac and keeps the subdivision from becoming completely closed off by the wall. The visual connection between the cul-de-sac and the highway will also provide a focal point at the and of the cul-de-sac. I Attachment(5) shows how the bufferyard was to be planted according to Ordinance 96-145. Attachment(6) shows how the mature bufferyard as proposed by the applicant would look. Attachment (7) shows how the mature bufferyard as proposed by the applicant would look H the fence at the cul-de-sacs were "open." ; RECOMMENDATION Staff recommends approval of Z-99-047 with the following conditions: 1 1. The wooden fence running along the bufferyard shall, between the building lines of the two residential lots adjacent to each cube-sac, be of an "open"atyle,consisting of light building materials and allowing visual access between the subdivision and the highway right-of-way. 2. The trees planted In the bufferyard will be provided in addition to the 15 trees per acre specified by the landscape Ordinance. MOT10N I move to recommend approval or Z-99.047 with the following oond:tlons; A;. I � ..i 1. The wooden fence running along the bufferyard shall, between the building lines of the two residential lots adjacent to each cul-de-sac, be of an'open" style, consisting of light building materials 8, r c. and allowing visual access between the subdivision and the highway right-of-way, 2. The trees planted in the buNeryard will be provided In addition to the 15 trees per acre specified by the landscape Ordinance 1, Recommend approval as submitted. V 2, Recommend approval with conditions. 3. Recommend denial, 4. Postpone conslderatlon. 5. Table item. f , 1 y �a 1. Ordinance 96-145 2. Vicinity Map. 3. Location Map. 4. 200' Property Owner Notification Map. S. Bufferyard plan as required by Ordinance 98-145 6. Bufferyard plan as currently proposed by applicant 7. Alternative bufferyard plan proposed by staff Al zlnca, 9, i` ENCLOSURE 1 ORDINANCE NO. v AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT 117 (PD-117) ZONING DISTRICT CLASSIFI- CATION AND USE DESIGNATION TO THE SINGLE FAMILY 7 CONDITIONED (SF- 7 (C) ) ZONING DISTRICT CLASSIFICATION %ND USE DESIGNATION FOR 52 . 9693 ACRES OF LAND LOCATED ON THE NORTH SIDE OF ROBINSON ROAD, APPROXIMATELY 400 FEET WEST OF STATE SCHOOL ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN E'FECTIVE DATE. WHEREAS, Mr. H. Wayne Cooper, on behalf of Robert G Ruth Mitchell, initiated a change in zoning for 52 .9693 acres of land from Planned Development 117 (PD-117) zoning district classifica- tion and use designation to the Single Family 7 Conditioned (SF- 7 (c) ) zoning district classification and use designation; and WHEREAS, on Mav 221 1996, the Planninq and Zoning Commiasion recommended approval. of the requested changes in zoning; and WHEREAS, the City Council finds that these changes in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSi �=TION 1. That the zoning district classification and use designation of the 52 . 9693 acres of land described in Exhibit 1 is changed from Planned Development 117 (PD-117► zoning district classification and use designation to the Single Family 7 Condi- tioned (SF-7) (c] zoning district classification and use designation subject to the fallowing condition. That a ten foot (1o' ) wide bufferyard consisting of a six foot (6' ) tall wooden fence, as w911 as six (6) canopy trees and ten (10) understory trees per every 100 linear feet, or part thereof, be constructed in the setback along any Loop 28B frontage. Said bufferyard is to be installed at the time building permits are issued for each individual lot having frontage along Loop 288. SECTION ItL That the City's official zoning map is hereby amended to show the change in zoning district classification. SECTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 . 00. Each day that a provision of this ordinance is violated - shall constitute a separate and distinct offence. �� SECTION IV. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be 10. i U 1 { t� I 1 1 ENCLOSURE 1 published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texans within ten (10) days of the date of its passage, PASSED AND APPROVED this the ,gadeday of 91- + M4� C L 8R, MAYOR ATTEST7 JA dENNIPER WALi$RS, CITY SECRETARY I BYi APPROVED AS TO LEGAL FORMt HERBERT L. PROUTY, CITY ATTORNEY i I I I I i .. A -` !) I� i s PAGE 1 11. , c> c, I ' I ENCLOSURE 1 LEGAL DESCRIPTION BEING a trod or parcel of land equated In the Stephen Hembdo Survey,Abstract Number 662 in "L Cr of Denton, Denton County, Texas and being pad of those tracts of fond conveyed to Robes H. Mitchell, et. ta by deed recorded In volume 358, pope 100 of the Rest Property Records of Donlon County,Texas and being non particularly described am follows., BEGINNING at the southeast comer of said Stephen Hembdo Survey and same being the most westerly southmol comer of the Levi Young Survey, ALstraM Number 1451 and being In Robinson Road(a vodmbl*wtdN Aght-of ww4; THENCE North 66.51'20'Wok along Uro South one of uW Stephen Hembrle Su;!ey and with Robinson Road for a distance of 1,290.63(ON 10 a point for comer, THENCE North 00.26'60' Wes! swing the South oM of "Id Stephen Hembrfe survey and Robinadl Road, paeebg the Southeast 00" of a 11.652 men brad of land oo6veyed to Robinson Road Really Company by deed mowdsd In volume 1660, page 20 of the Real Property Records of Denim County. Texas at a distance of 20.97' fast and oondinuing with the East ome of sold 11.652 rxe trod for a total distance of 1E61.20 feel to a point for oomer in the North Gne of amid Stephen Hembris Survey and being the northoa 4 comer of sold 11.462 aen trod; THENCE North 864146' East along the North one of said Stephan Hembdo Sully for a distance of 677.00 feet to a point for comer, THENCE South 021216'Wed Waving the North one of said Stephen Hembda Survey for a distance of 25.00 feel to a point for comer; THENCE Noll 64'11'06'East for a diatom*of 678.21 feet to a point for 00roer In the East 114 of said Slephon Hembde Survey and the Wok Me of sold Levi Young er;rvey; t THENCE South 01.2131" West along the Lag one of sold Stephen Hernbrle Surrey and the Well line of sold Levl Young Survey for a dislan* of 1701.67 feel to the PAINT OF ' BEGINNINO and containing 2,307,242 squaro feel 0(52.088 acaa of land,morn or Wes. w i f` oar 17. u c, ENCLOSURE 2 Z-99.047 Oakmont II Ordinance Amendment NORTH SITE � y 1 r 1 �• '' �` VICINITY MAP Agenda Date: July 14, 100 Scale: None 13. c °' C+ G M.'LmI URE 3 NORTH Z-99-047 Oakmont II Ordinance Amendment SITE i 1 T L 4. 1 r I 1 LOCATION MAP I I l � +I I r Agenda Date: July 14, 190 Seale: None 11. i ,. c ENCLOSURE 4 Z=99.047 Oakmont II Ordinance Amendment NORTH i SITE / re/ � •r� *1, �wr 4 • M • M FOff PIS JqV f ; '`'IFFER 200.600 FOOT BUFFER MAR AgendA Date, July 14, 1699 Safe, None I I 1 ENCLOSURE 5 I !: I w Z � s ! r -- - Diu I 1 VILL E 1 1 a ' I I f, NF sD ST,JbRN'�BR7pg- ! r ROB M RYSON ROAD \-- IN 1) v A1:PFvRYAAQ AS D BY ORDINANCE 96-115 16. 1 ENCLOSURE 6 •�(<I 1/11 rI 4 , 1 ■ I / J �w I. I fI C _ - j sDar�5' - --_ .-- 1111 y.Mt_•� - rte_ �•`• / , ��- ` •� � ,/I � FZ I l oo � bRIVS�-- 1 BUFFERYARD PLAN AS CURRENTLY PROPOSED BY APPLICANT 17, { ENCLOSURE 7 I -- - - I \ 1 STAt7F0A1s - UE I j I + 1 4 ALTERNATIVE BUFFERYARD PLAN PROPOSED BY STAFF 18. I I I I i ATTACHMENT 2 Pogo 85 Page 81 1 trots we're trying to save are a solid black dot. Those 1 tall wooden fcooe,u well u dx cwMy uvu and ten a 3 on what we consider spocirtteu trees for the area. 2 under•atory trees per every 100 linear fat or part 3 They're all In the 12 to 24-inch caliber range. They're 3 thereof be constructed In the setback along any Loop 288 4 very worthy of saving and this whole development has 4 frontage. Said buffer yard Is to be Installed at the S tried to do that throughout,not just on this amenity S time buildins permits arc Issued for ucb individual 1.4 6 center. If you'll notice that we've maneuvered the 6 having frontage along Loop 288. 7 playground and the basketball court Into open areas 7 Since that time the City's Mobility Plan has I trying to preserve those trues and we're taking mecums a boo updated. Ioop 218 is now FM 2499 and tha proposed 9 to protect those,as Well. 9 amcrodment to the condition would reflect this, it would 10 MR.RISHEU Thank you, to also reduce the number of Lees required within the I1 MR.ENOEL9RWIT: Any other questions for I I buffer yard. And the proposed condition would read that 12 the petitioner? Thank you,sir, Is there anyone 12 a 10-foot wide buffer yard consisting of a ex-foot tall 13 present who would like to speak in favor of dais 13 wooden fence,as well as two canopy trees per every 14 petition? Anyone present to speak in favor of the 14 residential lot or part thereof be constructed In the 15 petition? In that cue,anyone pr ro nt to speak in IS ectb *along any FM 1499 frontage. Tiro said buffer 16 opposition to the petition? Anyone present to speak in I6 yard Is to be Installed at the time building permits an 17 opposition to the petition? Seeing no opposition,the 17 Issued for each individual lot having frontage along FM I I rebuttal period Is waived. Public hearing Is closed. 19 2499, 19 Ms.Nilssen,any find staff remarks? Ste indicates no. 19 Basically what will occur here,this wu the 20 Commissioners,are there any quutions for staff, 20 --here's where Loop 2E3 would have been and here's the 21 comments,or a motion? 21 subdivision. I guess you can sm it closer on hem. 22 MR.RISHEL: Motion. 22 Hm's the subdivision. Here's the right-or-way for 21 MR.ENOELBRECHT: Mr, Rlshet, 23 Loop 298. At the time the ordinance was passed a 24 MR.RISHEL: 1 move to recommend the 24 condition meltdrod that this buffer yard be planted 25 approval of Z-99-045 as submitted in the detailed site 2S between the Idghway fronwge and the n-bdividoo. lust Page 86 Page 88 I plan, 1 to illustrate what t1g developer is proposing now that 2 Ms ootum second. 2 FM 3499 has replaced Loop 281 in our Mobility Plea,be 3 MR.ENOEURECHT: R's been moved and 3 is eliminei sli the under-story trees and planting tyro,l 4 seconded to recommend approval. Any discussion? All in 4 believe,cedar elms in each yard. So that U what the S favor raise your right band. Motion caries S developer would Bice to do. 6 unanimously, 6 Staff WM with the proposition put 7 Item 121,6m to hold a public haring 7 forward by the developer,although we do have a couple S and consider r ; ing a reconurendation to City Council I of conditions that we would like to add to the 9 regarding the amendment or Condition 1,Ordinance No. 9 amendment. Numbs one,that these trop that are being 10 96.145,which defines the zoning district classification 10 planted within the buffer yard be required above and 11 of the Oakmont n subdivision and imposes conditions on I I beyond the trees already required in the Landscape 12 its development. The property consists of 52.9 acres 12 Ordinance,which 1 believe Is IS per acre,so these arc 13 located on the north side or Robinson Road, 13 going to be,In effect,extra trees. And also staff is 14 approximately 400 fat west of Sate School Road, The 14 recommending that the fence at the eul de•sees be of an 15 purpose of the proposed amendment is to after the amount 1 s open design to auto a visual oonwdoa belwnen the 16 of landscaping within a burYa yard bet*=the 16 subdivision and the highway right-of-way to break up the 17 subdivision and rWA-or•way of the proposed FM 1499 17 monotony of that fence which Is going to face the 18 highway, And 1 believe Mr. Orgy is going to provide us I I Llghwdy when--at whatever time It b built and to r 19 with his first staff report hem. Welcome,Mr.Oray. 19 crate a focal point rot each one of these streets. And 20 MR.ORAVi Thank you. Good evening. 20 this is Jost an esthetic a nalderatioe on our past. And 21 Basically what's happening here is the developer Is 21 1 will be happy to answer any quegdons. 22 requesting an arnerdment to Condition No. l act by City 22 Mlt.ENoeuium, Questions? Ms. Gour&. 2) Or:inane No 9k•145,which was the ordinance originally 23 Ms.oouRm rm Just curlous,bow Is the 24 zoning tNs sut,d visloe, The condition currently rods 24 highway a focal point? 23 that s IVoot wide burler yard eon*%Ing of a six-foot 23 MIL GR,xln well,the blowsy Itself Isn't a PLANNING&ZONING JULY 14, 1999 19 Page 85 •Page 88 t a Condenselt' Page 93 Page 95 1 property, I that parcel is purchased that open fence could be torn 2 MS.OANZER t think that that condition , down halfway across and the resident could put up 3 could be taken out and that we could kave that up to 3 something else. 4 the developer's discretion. if they,personally drink it 4 MR,DUCBK No. 1 think you're s would look better that way,Tine. But 1 don't think we s misunderstanding our toning ordinance,because the 6 should have that as a condition. 6 zoning ordinance,when you approve the zonh,case,in 7 MIL ORAY: lust to give you an idea,In this 7 every zoning ease is presumed that there's going to be a I drawing the spacing between the treat is roughly 55 t number of owners that am going to be successors in 9 foeL So if that helps the scale here it little bit. 9 interest and rids zoning regulation would carry on. If 10 MR.ENOELBRECHr: W.PowtlI,did you have a to the zoning case shows a fence,then whoever owns the I I question? i I property on that property line,if they take that fence 12 MR, POWELL: I'm assuming from the way this 12 down,they can be issued a citation for a zoning 13 Is written originally,not the way you folks have done i S violation. 14 it now, l don't mere-that anybody now but when it was it MR.ENOELBRECNF: Well,it's not a matter is originally zoned,the trees,as well u the fence, is that they would take it down but that they Would put op 16 belong to each individual property owner. So anything 16 a different type. If we don't specify that there has to 17 we might condition now might be whistling in the wind 17 be some continuity hero,over time we're going to have 1s because the property owner could change the fence to Ice just a hodgepodge. 19 suit his whim at any given time. 19 MR.BmEK: oorrccL You need to say what 10 MR.ENOELDRECHT: t was going to ask,the 20 type of fence you want 2 t next q malion to staff Was what.. is theca anything in 21 MR.ENOELDRECIfr: Yeah And there's nothing 22 hero to ensure continuity,the visual side of that fence 21 in here slated about the posts as Mr. Powell Is usually 2S over the life of this subdivision,which is the same 23 requesting,which there's nothing long-term about NL 24 question we asked about Loop 288 Iasi time. 14 mlL POWELL- Heat would all be In the 1s MR.oKAY. if the fence Is Within the lot of 2s original zoning, it seems to me,not to us. I don't Page 94 Page 96 1 the individual property owner then it's their fence, I know. This whole condition about the taws,l bave to 2 basically. 2 agraa with Salty,I&in my oplrtlon,better kit OUL 3 Ms.OANZER: Dut if they're adding a 3 just lave It fenced to the way it Was orlgtnally NOW 4 cul-de-sac,it wouldn't. lbat part of it wouldn'L 4 and forget about IL ?hat's my opinion. S MR.OKAY: The condition hero says the fence S MA ENOEL6 um: Mr.Donaldson,would you 6 has to be there, The developer hes to put the fence 6 like to weigh In? 7 there, As for maintaining that fence once the lots arc 7 MR DONALCsox. if I might,the requed from a built out,then because it's within rho individual lots, t the applicant Is a reault of the change of our Mobility 9 rMiNn the individual property owners'lots,then it 9 Plan which changes from an intknute specification on to would be the property owner's responsibility. The only 10 the road,Loop 288,to basically a 45 mile-m-hour speed I i other alternative would be to put it on the o'iter side I I limit dellpW mad,very comparable to Lillim Mills 12 in which case it would become TxDOT-s responsibility. t2 Parkway. And the condition was pvl In to attempt to 13 MR.DONAI.DSON, lficy%on't allow It 12 allow the type of Lvernenl that we one along UHim 14 MR,ENGELSRECHT: No. But Whot about the 14 Miller adjacent to 1x WINS lover Estates Subdivision 1s fencing in the rul-do-sac ends? Whooe responsibility Is where they haver sold wood know with openings at the 16 would thal be? I'm assuming that the lots--or do the to eul-de-saca. We have a IS m31e m hair design speed oa 17 lots run up somehow,wrap around those cul-de-sacs? 17 the rood and it helps to tic the oeighborbood to the Is Met,OKAY: RIghL As you can we here,this is padrviy. It provides pedestrian access. And it's our r' Ar 19 lot right hero would wrap around here and this lot would it opinion that even If planted scocrdiag to the first ( r; 20 wrap around this way. So,technically,the fence from 20 condition that the affect on nolse from that lmdsesplug 1 t here to here, from this point to tl ll point would be 21 khan wouldn't have done mything anyway with a 70 n Within that lot. 21 milt-an-hour speed limit on Loop 298, 13 MR.ENOELDRE= but we Would have no 11 Ma tDOotDBatlCxr: Yet,Ma. t3otvdia 14 control over that over the long-term. So half of that 24 MS.00UKD1& rind of all,in front of Wind u cul-de-sac fence•• actually Im rnAstely, u soon ad 25 Alva It's 35+.tile-pa-hoar. And the teasers why those PLANNING do ZONING JULY 11, 1999 20. Pegs 93 - Pegs 90 t; I t con dO®sat "r Pip 103 1 one,there is that trine of the monotony of the few* 101 I Teasley law problem they come back,J wish we'd have 2 and on and on and on mid on. The other am is that ova 2 done something, Not Cron++fie monotony of the driver, , 3 time there is no requirement that IN residents 3 it's just like a corridor Ism It doesn't took 4 Ibmlutely tept-4ce that fence with the same material eb 4 "he8eally pleasing. And so i guess wbat had me S that ultimately in i S years you can wind up with a whale S confused with wbat you were sryint.Mr.Egeibrocbt,the 6 variety of fences along there which my.by random acts 6 unda•atory hoe you're talking about.is It on the 7 or rcplaameo%look good and that,spin,it may toot 7 inside of to it on the outside? I'm thIWN they're on I like a hodgepodge, And my d o>trght was••my question I the Inside or the lots. 9 is Cve not quite uodestood wby staff doesn't require 9 mp-BNOELBRKmI sight. '[bat's when 1 10 some little under-story things every so ofa0 so that 10 made my"and 1 think you all straightened me out. 11 you break up that visual cease so that something else l t MIL awm! But If you would have had them 12 catches al there. And even if those fences 12 on the cuW k that would have ban esthetically Y f on that. and 1 vvu 0 with 13 1 D+� YW wind u w � 17 ere all done up auamgefy ova+lose,you p P 14 Some sort or a constant appeal. 14 MIL ENOUBRECHT: Welt,we'll put them 00 Is Like what are those things that bloom around IS the Inside and wbet the fats falls dawn.then you got 16 bere this time of Yost? Crepe Myrtle,Yee. I can Brea 36 it I'm going to Shut up. Any other questions for the 17 remember the name of Crepe Myrtle. I don't know why 17 petitioner? shank you,Ar. Is these 0nyooe present 1 a that is. There's millions of them and I can't remember to wbo would tow to speak in favor of this petition? L9 the name, But something like that's planted every 00 19 Anyone present to speak in raver of the petition? in 20 often•-of cower.I guar the owner could take those 20 that case,syone present to speak In oppoddoo? 21 out,Is that correct,if this— 21 Anyone present to speak in opposition to the petition? 22 Ms.oANUI But if it's in the ro0110g 22 Seeing 00 opposition,rebuttal is waived Public 23 ordinmee and It says there has to be a slx•foot fence 23 harimg is closed, And any final staff marks? 24 up thee,don't they have to replan it with a six-foot N MIL 011AYr trot rally. Just about the u rove? 2s wooden fence m-Ation,this is Just an esthetic Page 102 Pop 104 1 MIL ENCBtB wiff, well,the point being, 1 ONSI&edon on cur part. We figured that a wooden 2 though,they can do any kind of fence, 2 fence Isn't going to be the greatest mind barrier in 3 MIL Po wnu think about Talley Lae,you 3 the world anyway and We also felt that creating these 4 go down there the fence on the••If you're beading 4 openings In the rasa would allow the nclyhbab — S north,I guess,the fence on the right aide Is a S not snake the neighbwbood so closed off,I sum But 6 hcdgo-podge b�rt,to tux,I don't tuts;it's kept me awake 6 tWs was just- it wu just m esthetic condderstiat 7 n4fits. 7 on our part But,otherwise,staff re00mme0ds approval. I MIL monaRECHT: No,but It does say I MIL MMUREOM thank Yoo 9 something about the character of the City over time and 9 MIL AISHEG +bank You,Mr,Gray. We're 10 if you just planted I little mmeNn3 in there that l0 going to WA Nat t avO to You m give us some pod I I bloomed once le a vi lie, 11 Illustrations of bow that would work and maybe we'll be 12 MIL Pownu gut it would beve to be on the 12 able to get behind it the tat time, 13 Inside of the from,sir,and you wouldn't In it I3 MIL D*UAKWM Any otter questions for 14 anyway, 14 Mr.bray? If 00t,Ire there any 0o0meels or a motic0? Is MR.lNoBtBRPrM, Okay. Good point. Never 31 MIL POWeltr r 11 MOM to reeurw0WA approval. 16 mind, 16 of Z'99-047 with the following condition:the+tea 17 MIL Bvcm You voted sgatnst the corridor 17 planted In the buffer yard will be provided In addidon r I I adinanee,rlgbt? 11 10 be 15 leas pet gee tlpecifled by the INWKPe Aj' 19 MR.POWEW Yet,1 did. It Ordk0a0ce, t /� 20 MIL ENGELDREM' something tells me M'e're 20 MS APPIlu WOnd. 21 breaking down now. 21 MIL PNG"ROOM re's ban moved and it MIL sucek: I think we have Hutt sound 22 wooded to r000mmead approval with Condition No.2 dW 21 problem,but 1 think you have—just to be are you 23 was outlined by staff. Any discusda0 to site motion? N uoderstmd••this 4 my third city to be kt. And those 24 Question? Yes,Mr.Masano. is other two cities,you know,when they look at+fie --2s MIL MOM* is the woodsy fetta 00* lOf 101 •P Page PLANNINO k ZONMG JULY 14, 1999 11ge 21. c I M wl V�I'VAW IM"Il.{yle Ib„wi.lwr.'+:AMti{ 4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON,TEXAS,PROVIDING FOR AMENDMENT OF CONDITION ONE (1) OF ORDINANCE NO. 96.145 (EXHIBIT A, ATTACHED HFRETO), REQUIRING THAT A TEN FOOT A IDE BUFFERYARD CONSISTING OF A SIX FOOT TALL WOODEN FENCE,AS WELL AS TWO CANOPY TREES PER EVERY RESTDEXi1AL LOT, OR PART THEREOF, BE CONSTRUCTED IN THE SETBACK ALONG ANY FRONTAGE BETWEEN THE PROPOSED FM 2499 AND THE OAKMONT II SUBDIVISION;PROVIDING FOR THE ADDITION OF A SECOND CONwr10N TO ORDINANCE NO.96-145,REQUIRING THAT THE TREES PLANTED IN SAID BUFFERYARD BE PROVIDED IN ADDITION TO THE FIFTEEN TREES PER ACRE REQUIRED BY THE CITY OF DENTON LANDSCAPE ORDINANCE;PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.(2-99-047) WHEREAS,Timothy May,on behalf of Lloyd Blaylock,has applied for an amendment of condition l of Ordinance No. 96-145 (Exhibit A) to alter the amount of landscaping within a bufferyard between the Oakmont It subdivision and right of-way for the proposed FM 2499 highway; and WHEREAS,on July l4, 1999,the Planning and Zoning Commission recommended approval of the requested change in zoning; and W yEREAS, the City Council rinds that the amendment will be in compliance with the 1988 Denton D welopment Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies tad Plan;NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1, That the condition In Section I of Ordinance No. 96.145 (Exhibit 1) is amended to read as follows: A. Thal a ten foot(10')wide bufferyard consisting of a six foot(6')tall wooden fence, as well as two(2)canopy trees per every residential lot, or part thereof,be constructed in the setback along any F.M. 2499 frontage.Said bufferyard Is to be Installed at the time building permits are issued for each individual lot having frontage along F.M.2499. B, That the trees planted in the bufferyard be provided in addition to the required planting of 13 trees per acre as specified by the City of Denton Landscape Ordinance, Chapter 31 of the Denton City Code. /�r r. SECTION 2. That the provisions of this ordinance shalt control over any coallicts in Ordinance No.96.143,but al l the other provisions of Ordinance No.96-145 not in conflict with the ordinance shall continue in force and effect i 22, C, 1 U L rriwrnarrw aar ia.r.ruw•rr ft SECTION 2, That the provisions of this ordinance shall control over any conflicts In Ordinance No. 96-145,but all the other provisions of Ordinance No. 96-145 not in conflict with the ordinance shall continue In force and effect. SECTION 3. That any person violating any provision of this ordinance shall, upon conviction,be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense, SECTION 4. That this ordinance shall become effective fourteen(14)days from the date of its passage, and the City Secre,uty is hereby directed to cause the caption of this ordinance to be published twice in the Dcnton Record-Chronicle,a daily newspaper published in the City of Denton, Texas,within ten(10)days of the date of its passage. PASSED AND APPROVED this the day of . 1999. JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY i By: r APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY t« By: c�u�d i Ai r: 2 Page 2 LA irSURE 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON* TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT 117 (PD-117) ZONING DISTRICT CLASSIFI- CATION AND USE DESIGNATION TO THE 'SINOLE FAMILY 7 CONDITIONED (SF- 7 (C) ) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 52.9693 ACRES OF LAND LOCATED ON THE NORTH SIDE OF ROBINSON ROAD, APPROXIMATELY 400 FEET WEST OF STATE SCHOOL ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE- , WHEREAS, Mr. H. Wayne Cooper, on behalf of Robert & Ruth Mitchell, initiated a change in zoning for 52.9693 acres of land from Planned Development 117 (PD-117) zoning district classifica- tion and use designation to the Single Family 7 Conditioned (SF- 7 (0 ) zoning district classification and use designation; and WHEREAS, on May 22, 1996, the Planning and Zoning Commission recommended approval of the requested changes in zoning; and WHEREAS, the City Council finds that these changes in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS& That the zoning district classification and use designation of the 52.9693 acres of land described in Exhibit 1 is changed from Planned Development 117 (PD-117) stoning district classification and use designation to the Single Family 7 Condi- tioned (SF-7) (o) zoning district classification and use designation subject to the following condition. That a ten foot (10' ) wide buf0ryard consisting of a six foot (61 ) tall wooden fence, as well as six (6) canopy trees and ten (10) understory trees per every 100 linear feet, or part thereof, be constructed in the setback along any Loop 260 frontage. Said bufferyard is to be installed at the time building permits are issued for each individual lot having frontage along Loop 260 . SECTION 1I. That the City's official zoning map is hereby amended to show the change in zoning district classification. SECTION AIL That any person violating any provision of this ordinance shall, upon conviction be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. ��' A aECTION y. That this ordinance shall become effective four- +-� teen (14) days from the data of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be 24 . jy rrrJ i 1 11 I i ENCLOSURE I publishes twice in the Denton Record-Chronicle, a daily nevipaper published in the City of Denton, Texas, within ten (10) days of the , date of its passage. PASSED AND APPROVED this the ,aAlkday o! JAC LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY oCyKtJl7yi _ APPROVED AS TO LEOAI, FORMi HERBERT L. PROUTY, CITY ATTORNEY MIT S r 1 4 I I '!A�� C' ' r 25. c c, Eut'to�UnE 1 ,. j • 1 LEGAL DESCRIPTION I BEING a tna or parcel of land alhute0 In tAe StapMn IdennntMa Survey,Atrrtrad Number e4a M tlna Chy c'Damon, oentort Count', rexa an0 being part of those bade of land conveyed to , , 4 Robed N. ARitcAeq, aL tor. by dead teoorded N volume 605, papa 100 of the Ral lerrppdy It 6 0f Damon County,7exu and being non paAia,tady deaeAbed+ to6orn BEGINNING at the southeast owner of said Stephen Hembrte Survey:nd soma being the most Wrstedy sauthWat owner of the Lav! Your* Survey, Abstract Number 1461 and being In ' Robinson Road(a variable with dgit-of-wsy); THENCE North WSJ West along the South One of acid Stephen Hembda Survey and With Robinson Road for a distance of 1,300,63 het to a point for Omar. THENCE North 00.26'40• Wed isevinp the Sant Ora of said Stephen Hembde away and Robineo0 Road, passing the soutMad owner of a 11.462 awn bad of bind ooniveyad b Rot>fnaon Road Ready Company by dead reawded In volume 1660, papa 36 of the Real Ea line o�1 432 we Wed hr. a total stdatance of 66126 bet to hr mw 1n the North One of said Stephen Hembda Survey and being the northeast corner of a6d 11.462 awn Wd. THENCE North 64'11 b6' East along the North In* of aid Stephen Hembrfe Survey for a di tams of 677.00 het to a polnt toroomer, k THENCE South 0206216' Wet leaving the North Me ai aid Stephen Hembdt Survey for a distance of 26.00 feet to a point for comer, THENCE North 64'1106' East for a dMarm of 67621 feet to a point for comer in the W Me of said Stephen Hembdo Survey and the West line of sold Levi Young Sway; t JJ THENCE South 01421'31'West along the East Fm of said Stephen Hembda survey and the 1 West Do of said Levi Young Survey star a distance of 1701.67 feet to the POINT Of BEGINNING and containing 2,301,342 wMm feet or 62.060 acres of land,mar or tae. ' NUNN k j, 1 is AGENDA INFORMATION SHEET Ap ndallo, ApNa IoMtt "`- f)at1 .r AGENDA DATE: August 17, 1999 DEPARTMENT: Planning L Tartment ACM: David Hill, 349-831 SUBJECT —Z-99-042; (3840 N Elm Street) field a public heating and consider rezoning 3840 N, Elm Street from an Agricultural (A)zoning district to a conditioned Commercial (C[c]) zoning district, The 1.237 acre property is located on the southeast corner of N. Elm Road (Hwy 77)and Riney Road. Commercial development is proposed. The Planning and Zoning Commission recommended approval (6.1) with conditions, (Z-99.042, 3840 N. Elm Street) BACKGROUND The applicant has requested to rezone this tract of land to allow for commercial development. It is presently undeveloped (see Attachment 1 — Enclosure 1). The subject property is located on a block that is bounded by North Elm Street and Riney Road, The site is of a triangular configuration wish street frontage along two (2) of the three (3) sides. The eastern properly line of the subject tract is adjacent to existing single-family residential development. The vacant Texas Instruments (71) site is to the north. There is undeveloped land across North Elm Street that is currently classified as an Agricultural(A)zoning district. Y The subject property Is located in an Agricultural(A) zoning district created in 1969 with the City of Denton's first comprehensive zoning ordinance. 'The requested zoning classification is consistent with many of the policies of the 1988 Donlon Development Plan(DDP) as applicable, excluding the trip intensity (see Attachment 1 —Comprehensive Plan Analysis section). r it is consistent with the 1998 Denton Plan (DP) Policies and the 1999 Growth Management Strategies(GMS)(see Attachment 1 Comprehensive Plan Analysis section). The requested zoning classification is mostly consistent with the Denton Plan's draft Land Use Plan. This site is identified as being at the juncture of three different areas. a"Neighborhood Center," a "Regional Mixed Use"and the"100 Year F'loodplain." r The GMS state that future doelopmc .! within established residential areas should be developed in a manner that responds to the existing residential development with compatible t land uses and patterns. The plan recommends that existing neighborhoods within the City be A protected and preserved. Future expansion of Highway 77 (N. Elm Street) and the eubscquent realignment or Riney Road at Highway 77 will divide this site such that a small portion will remain adjacent to the existing residential area to the east, while the remaining deve1op6le portion will be located on the west side of the intersection. This larger piece will be physically separated from the existing single-family lots. i I r D "Neighborhood Center' areas are to be developed in an inwardly oriented manner with a focus upon the centers of the neighborhoods. The cemr would contain uses necessary to s,:pport the surrounding neighborhood including retail uses such as convenience grocery, barbers, or small profesional offices, higher density residential uses such as townhomes, paA us:s inclining ecntral neighborhood"greens"and institutional uses such a,`fire stations, schools, libraries and transit nodes. The proposed zoning would allow for land uses that could serve surrounding neighborhoods. ➢ The "Regional Mixed Use" areas are to be large employment centers. These urban centers will provide a mix of land uses, Including office, retail, and high-density residential uses. The proposed zoning would be compatible with these intended land uses within "Regional Mixed Use"areas. The subject property's location at the juncture of a primary major arterial and future secondary major arterial would serve to define the southeastern edge of the employment area and the fringe of the neighborhood area, ➢ The site is located along the fringe of the "100 Year Floodplain" area (see Attachment 4). The 1998 Denton Plan Policies identify the preservation of the 100-year floodplain areas in accordance with Denton's watershed management plans. It is s goal of the City of Denton to prevent the addition of new structures in the 100 year floodplain to reduce flooding, improve water quality, and protect habitats, This fact is Important In determining the appropriateness Of Commercial (C) zoning for this property. The property may not be located within the 100 year floodplain, but rather within the 500 year floodplain. This determination can not be made until a flood study hai been performed to identify he true limits of the 100 and 500 year floodplain boundaries in this area. Lt either case, the loca'jon of the floodplain will affect the design and may reduce the developable area of the site, D Seven (7)property owners were notified of the request by certified mail on July 4, 1999 (see Attachment I - Enclosure 4). Nine (9) courtesy notices were mailed. A sign was placed on the subject property on July 2, 1999, As of this writing, staff has received two responses(see Attachment 3). One (1) Is in favor of the request and the other is opposed. Due to the location of the property and the limited (3) adjacent properties, a neighborhood meeting was ' not held. PRIOR ACTIONIREVI .W The following is a chronology of Z-99-049,commonly known as 3840 N Elm Street: Application Date- May 24, 1999 P&Z Date - July 14, 1999 City Council Date- August 17, 1999 ESTIMATED PROJECT c IIF tllE The subject property is not platted. Future r :velopmcnt will trigger platting of this property. At that point, the property would have to conform to current subdivision and landscaping regulations as well as other applicable regulations, 2. G la FISCAL INFURII;ATION 1t Development of this property will Increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the city. No extension of public infrastructure is necessary to service this site. RECOMMENDATION The Planning and Zoning Commission recommends approval (6-1, Salty Rishel opposed)of this zoning request with the follow.ing conditions: I. That the permitted land uses include those described In the list attached to the draft ordinance(see Attachment S --Exhibit 8). 2. Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb,surrounding residential property or to shine and project upward to prevent the diffusion Into the night sky. 3. The total floor area shall be limited to no more than 8,000 square feet. 4. The maximum height shall be two stories. S. That exterior materials used for any building elevation(wall)shall be masonry,excluding doors and windows, OPTIONS I. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. { S. Table item, ATTACHMENTS I. Planning and Zoning Commission Report,July 14, 1999, Z-99-042. 2. Planning and Zoning Commission minutes from July 14, 1999, 3. Property Owner Responses(2). 4. Floodplain Map. s S. Draft Ordinance, i i 3 . t u I { i it Res fully submitted: r %K r &(, — Mark Donaldson Assistant Director of Planning and Development Prepared by: Wayme R Plannerl i i 4. ATTACHMENT I PLANNING AND ZONING COMMISSION STAFFIREPORT Sublec. : 3840 N. Elm Street Case m. : Z-99-04 Aaff: Wayne Reed, Planner It Agenda Date: July 14, 1999 • public hearling and consider making a recommendation to the City Council concerning the rezoning of 1.237 acres from an Agricultural (A)zoning district to a conditional Commercial (C)zoning district. The Intention Is for a gas station . commercial development. SITE i I T S ,, 1'I •11 A 1 \���► •tip � � � + .. � _ i•• . .••i•i•�.11 blA •`���,�� ,1911 •+ LOCATION • . of • of _ and Riney Road. • f acres Size: 1.237 I i III OwnerlAppllcant; Khosrow and Amy Sadeghlan P.O. Box 2451 Coppell, Texas 75019 The developer is requesting a Commercial(C)zoning district classification for this 1.237 acre property to develop a gas station on the western portion of the site and additional commercial development on the remainder of the site. 3 awk Xyr 1988 Denton Development Plan Analysis The 1988 Denton Devulopment Plan (DDP) shows this area to be within a Low Intensity Area. These areas are Intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small commerclattretail centers spaced at about % mile Intervals with direct access to a collector type street or larger thoroughfare, Vehicular trip generation due to development within Low Intensity Areas Is restricted to 60 trips per day per acre In order to balance land use with road capacity. Staff finds the proposed development to be mostly consistent with both the policies and trip intensity . tandards of the 1988 DDP (see Enclosure 8)• 1998 Denton Pian Policies Analysis The 1998 Denton Plan (OP) Is to be used in conjunction with the 1888 Denton Development Plan In evaluating the consistency of proposed development with the long range vlslun for the city, staff finds the proposed development to be somewhat consistent with the policies of the 1998 DP (see Enclosure 9). The Growth Management Plan Identifies 11 rt area as of Icelmixed use, 1999 Draft Comprehensive Plan The draft comprehensive plan has Identified this area as `Developed Areas of Floodplain and Neighborhood Center, Neighborhood center areas are intended to promote a mix of residential and neighborhood service type mixed uses lncoiporated together In comprehansive designs, The subject site Is relatively small and a mixed-use design would be difficult. The rezoning of the site to allow neighborhood service types of commercial uses would however be In keeping with the concept of allowing mixed uses to co-exist together, The developed areas of floodplain Is more of a platting Issue and Indicates that the site may be encumbered with floodple)n which may effect the eventual design of the site " k The property Is also adjacent to an area Identified as a'Reglonal Mixed Use Center. Being on the fringe of a high intensity area also facilitates commercial activity that providbs a transition from regional to neighborhood orientation. ra��r r 6. w li ill I I t ° I 1, Transportation A. Trip generation Table 1. Proposed Land Use Trip Generation Land Use Average Trip Maximum Total Daily Generation Buildout Trip Generation Proposed Use General Retail 40.67 x 21,650 878 T side lY 1L_R sf s uare feet ota oposed Ave"# rip nentlaru M eO by he mBWle Tnnaponatlon E pineen, 7991, Roposed mdlmum bOdou!Is based on 40%lol ooverape. The proposed development Is 1,185 % above the allowed capacity Identified In the 1988 Denton Development Plan. B, Access The site has access to both N. Elm Street and Riney Road. C. Road Capacity Riney Road Is Identified as a local street by the 1998 Denton Mobility Plan. This street Is designed to be a two (2)lane undivided street without parking, providing two (2) lanes of through traffic. As such, Its designed traffic capacity allows for a tolerable traffic flow of up to 9,100 tep9 per day. Riney Road Is currently a substandard city street constructed with two (2)lanes without p,:rking. U.S. 77 (N. Elm Octal)Is Identified as a primary major arterial road by the 1998 Denton Mobility Plan. This road Is designed to be a six (6)lane divided street without parking, providing six (6) lanes of through traffic. As such, Its designed traffic capacity allows for a tolerable traffic flow of up to 27,900 trips per day. U.S. 77 Is currently constructed with two (2) lanes without parking. The most recent traffic counts for U.S. 77 Indicates that there Is adequate capacity to handle the calculated trips that could be generated by the proposed development. D, Future Road improvements Within the next four years and as Identified on the Denton Mobility plan (See Enclosure 6)U.S.77 will be expanded to a six (6) lane divided street, Riney Road access to U.S. 77 will be realigned and Nicosia will be extended to Intersect with U.S. 77(See Enclosure 6). The future road Improvements should offset the potential trip generation disparity Identified above. ,J, A; r E. Pedestrian Linkages i 1 Sidewalks along ail public streets are required. File name 7. 2, Utilities This site has access to existing water and sanitary sewer lines(see Enclosure 3): 3, Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drainage study w ll be required with the submission of a preliminary plat. The study must Include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. The developer must Indicate the method by which the run-off will be carried across the property or stored on the property. 4. Signs As per the sign ordinance, S. Off-Street Parking New development must provide parking according to the regulations of Chapter 35 (35.301) of the Code of Ordinances 6. Landscaping This property will have to comply with the new Landscape Code,which requires fifteen(15)trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). 7. Lighting Lighting on the property should be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion Into the night sky. 6. Environmental Quality Impacts No negative environmental impacts have been identified. �y i January 14, 11969 —The subject property was placed In the Agricultural (A) zoning district and land use classification by C-+inonce 69.01 (see Enclosure x). The subject property Is not platted and would need to be platted prior to any development. H Notice of the zoning request was published ht the Denton Rpcord-Chronicle on July 4, 1999, + Seven (7) property ownars were notified of the request on July 2, 1999 (see Enclosure 4). As of this writing, there have been no responses. r 1' ✓ A neighborhood meeting was not held. 8. s' Commercial use if oriented towards neighborhood services appears to be reasonable given that the Growth Management Plan Identifies this area for office/mixed use and the draft comprehensive plan Identifies this area as Neighborhood Center. The proximity to a future Regional Mixed Use Center also supports commercial use for this site. Traffic, as identified in the 1988 Denton Development Plan, Is an Issue associated with commercial development of this site. Neighborhood commercial uses tend to generate less traffic than typical retail/commercial uses and would lessen the potential traffic Impact associated with commercial development of this site. The reconstruction of U.S. 77 should provide adequate transportation Infrastructure for this site In the future. One of the major differences between Commercial zoning and Neighborhood Services zoning is the ultimate size of retail stores and shops. Neighborhood service zoning limits such stores to 4,000 square feet, while no such limitations exists for commercial zoning. A disadvantage of Neighborhood Service zoning is that It does not allow automobile service uses such as the gas station the applicant desires. Therefore, allowing the commercial zoning with square footage limitations will provide some of the same controls offered with ne,ghborhood service zoning, Staff recommends approval of Z•99.042 with the following conditions: 1. Lighting on tho property should be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion Into the nlght sky, r 2. The maximum square footage for any structure shall be limited to 8,000 square feet. WON3,./�+} The approved usos shall be limited to the uses identified In Enclosure 7, AILI , 'r:�t 9 5 . rOr. .r .a•• ,: ,+r a %wy i i•. i i..' I move to recommend approval of Z-99-042 with the following conditions: 1. Lighting on the property should be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion Into the night sky. 2. The maximum square footage for any structure shall be limited to 6,000 square feel. 3. The approved uses shall be limited to the usei Identified In Enclosure 7 �yGR �� G�7 �'1• .`+�,; dM 4'kr,�;k.0��.W �•4 ' py�G d.N. c .7'(,� ' 1. Recommend approval as submitted. a 2. Recommend approval with conditions. f / 3. Recommend denial. 4. Postpone consideration, 6. Table Item. rie�a,K i 4. I V U `r I 1, Vicinity Map, 2. Zoning Map, 3. Utility Map. 4, 200' Property Owner Notification Map, 6. Denton Mobility Plan. 8. Draft Ordinance. 7. Proposed Uses. 8. 1968 Denton Development Plan Matrix. 9, 1998 Denton Plan Policies Matrix. a R" { i filename II I I i Y h 1 1 M ENCLOSURE i NORTH Z•99-042 (3840 N. ELM STREET) W TtXAS INSTRUMENT! FACILITY + n SITE r RINFY D • w � r Id + + VICINITY MAP Agenda Qua: July 14, 1090 $odes Nona 11 . e, i I ENCLOSURE 2 NORTH ' Z-99.042 (3840 N. ELM STREET) Tun . . 1NSMUMEHTt fACIIITY u rr SITE A /D In ro RINEY R D6 A 1 A 6 A o4a1 ZONING MAP r` Agenda Date: July 14, 1099 Scab: None 12 . I i • ENCLi75tIRE 3 NORTH Z-99-042 (3640 N. ELM STREET) I SITE ;;:. r e EXISTING UTILITIES MAP • Hydrants -- Water Line (W. L.) . -- � Sewer Line (9. L.) j r Agenda Date: July 114, 1999 Seatc None . 13, i G i 1 , ENCLOSURE / NORTH Z-99.042 (3840 N. ELM STREET) TEw►I 1NITRUMENTI FACn m SITE MIRY on n - L J 200 FOOT BUFFER r 600 FOOT BUFFER s 200.500 FOOT NOTICE MAP Agenda Date: July 14, '1999 Scale: None J c f ENCLOSURE 5 NORTH Z-99-042 (3840 N. ELM STREET) ti 1 r i SITE rd N,Is y into El i t ■1 Ir 16 t - A � r DENTON MOBILITY PLAN MAP Freeways Primary Major Arterlals Secondary Major Arterials Collectors F `.fir ; t' Agenda Date: July 14, 1099 Scale: None __ 15. u ' 'ENC40SU1,E 6 k ORDINANCE NO, AN ORDINANCE OF THE CITY OF DENTON,TEXAS,PROVIDING FOR A CHANGE FROM AGRICULTURAL(A)ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMERCIAL(C);ONINO DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.237 ACRES OF LAND LOCATED AT 3840 N, ELM STREET ON THE SOUTHEAST CORNER OF N. LOCUST ROAD (HWY 77) AND RINEY ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.(Z•99.042) µ.'HEREAS,Khosrow and Amy Sadeghi an,the owners or the subject property,have applied for a change in zoning for 1.237 acres of land from Agricultural(A)zoning district classification and use designation to Commercial(C)zoning district classification and use designation; and WHEREAS,on July 14,1999,the Planning and Zoning Commission recortur.ended approval of the requested change In zoning; and WHEREAS,the City Council finds that the change in zoning will be in compliance with the ,:88 Denton Development Plan,the 1998 Denton Plan Policies,ate 99 Growth Management Strategies and Plan;NOW,THEREFORE THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS. AFT U&1QN1. That the zoning district classification and use designation of the 1,237 acre properly described in the legal description attached hereto and incorporated herein as Exhibit A Is changed from Agricultural(A)zoning district classification and use designation to Commercial(C) zoning district clattsification and use designation under the comprehensive zoning ordinance of the City of Denton,Texas, ;abject to the following conditions: 1. Lighting on the property should be designed and maintained to as not to shine on or otherwise disturb, surrounding residential property or to shire and project upward to prevent the diffusion into the night sky. 2. The maximum square footage for any structure shall be limited to 6,000 square feet. 3. The approved uses shall be limited to the uses identified in Enclosure 7 4 i SECTION 11. That the City's official zoning map Is amended to show the change In zoning distriN classification. Ai PADS 1 c c. $FSZON lit. That any person violating any provision of this ordinance shall, upon conviction,be fined a sum not exceeding$2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. j SECTION IV. That this ordinance sMI1 become effective fourteen(14)days from the date of its passage,and the City Secretary is hereby directcd to cause the caption of this ordinance to be published twice in Cie Denton Recc rd-Chronicle,a daily newspaper published In the City of Denton, Texas,within ten(10)days of the date of its passage. i 1 PASS ED AND APPROVED this the_day of _ 11949. JACK MILLER,MAYOR ATTEST: IR Nit ` JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY , CY: kr PADS 2 17. i j, u I LEGAL DESC91PTION EXHIBI` "A" i All that certain tract or parcel of IN sltuatld in the H, 11. Melsenhelmer Surrey, Mary, live Denton County. Texas, befog ppart of a tract described In a dead from Mary Olive Meson to R. B. Rich on June 29, 1955 and recorded in Vol, 411, Pape 233, Deed Records or said County, a..d being More particularly describod as follows: BEGINNING at the Hest corner of sold tract on the Rnrth line of sold Surrey, In a public roads THENCE S. 07. 27' E, with said Surrey 'Ilne in sold road 414.49 het to a steel fin;TIIEMCE S. 46. 52' 30" F. along and near a fence 05.20 real to a fence cornery THENCE S. 37. 42' W. with Bald fence 200.2 feet to a (once tornar on the Northerly rlyyht-of-xay or U.S. Highway 317, TNEMCE N, 56. 24' k, with said right-of-wayy stony and near a fe.:ce 424,61 feet to the Place or Be9lnnin9, containing In all 1.237 acres of land, MQRf OR LESS, f t ��.,\ e. t 18. • ENCLOSURE. 7 ` un11 CommelmlaijakWat, VERMITTED 90991 Primary Rflsid�}1a1 lees ' One Family Dwelling Restricted . CcAmunity Unit Development •Dermitory, ' Boarding. oi Rooming Nou®e' *Hotel* or Motel tducatIQnal. Institutional & Soealel Users . Art Gallery or Museum Cemetery or Mausoleum Church or Rectory College or University or Private School Community Center (Public) Day camp Day Nursery or xindergarten school Group Homes Halfway House Home for CAre of Alcoholic, Narcotic or Psychiatric Patients Hospital (General Acute Care) Hospital (Chronic care) Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent ; Nursing Home or Residence Home for Aged .. ' occasional Sales , Park, Playground or Public Community Center School, Private Primary or Secondary School, Public or Denominational School, Business or Trade , utility, 8 en oYy and Inoidental Uses . Accessory Building Community Center (Private) Electrical Substation Electrical Transmission Line 1 Temporary Field or Construction Office (Subject to Approval and Control-by Building Inspeotor) , Fire Stbtion or similar, Public Safety Building Gas Transmission Line and' Metering Station Home Occupation off Street Parking Inoidental to Me'.n Use Off Street Remote Parking Public Building, shop, Yard of Local, State or Federal Government Radio and/or Television Microwave Tower sewage Pumpingq nation i' Private SwI!uming Pool Telephone, Business office rA' Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Water Treatment Plant ,X• 1 19, ` t 1 "Ore Commerd al n1 striot .(cant n real $�eatiensl and 13ntertainment Y~eee Amusements Commercial (outdoor) Amusement, Commeroial. (indoor) Country Club (Private) With Golf Course Dance Hall or Night Club . r r Fairground orxhibiion Area r Public Golf Course Commercial Golf Course Public Park oz Playground Public Play f1e3d or Stadium Rodeo Grounds Roller or ice Skating Rink •�r�ill�llll Swim is club poll a Ai y�y�i 1",q% nation Relatgd UK&A lelS � inel � . •Canip�ny 11lilll al , RI�Pi�P!! k MM�lallky T�,IC t _e Automobile service Uses Auto Laundry , Auto Painting and Body Repair Auto Sales and Repair (In Building) Gasoline Service Station HOW Auto Parts Sales Stores New or Used Car Sales Lot (In Open) -Seat cover and Muffler Installation Shop , - Tire Retreading or Capping Used Auto Parts Sales (In Building)' Retail and sarvica T jH Vses Antique Shop Bakery or Confectionery Shop (Retail) Cafeteria ,, ,• Cleaning and Pressing Small Shop and Pickup, Custom Personal Service Shop A; Drapery, Needlework or Weaving Shop � 1 ' Florist or Garden Stop Greenhouse or Plant Nursery (Retail) 1 Handio'raft Shop Household Appliance Sstvice and Repair Laundry or ,Cleaning self Service X zo. r un�� eommereiai bietriot �eentinuedf ' t• Retail and Service Tvnfi trees fcentiDUQ ' Mimeograph, stationery or Letter Shop Mortuary or Funeral Parlor Offices, Professional and Administrativa Off Premise Sale of Beer and/or Wine' On Premise Sale of Beer and/or Wine Licensed Private'Club Pawn Shop Restaurant Retail Stores and Shops - 4,000 square feet or less Retail Stores and Shops - Over 4,Ooo Lquare feet Studio for Photographer, Musician, Artist or Health Secondhand Store, Used Furniture or Rummage Sale Tool or Trailer Rental agricultural 1Xna uses Animal Clinic or Hospital (no outside rune or pens) Animal Clinic, Hospital or Kennel (with outside runs or pens) Farm or Ranch Greenhouse or Plant Nursery Hatchery, Poultry Bakery (Wholesale) Building Material Salem Cabinet and Upholstery Shop Cleaning and Dyeing Plant (Commerolal) Cleaning Plant, Sags or Carpets (special Equipment) Clothing Manufacture or Light Compounding or Fabrication Engine and Motor Repairing Sob Printing or News tint ng Laundry Plant (Commero al) Milk Depot, Dairy, or Ice Cream Plarit -Paint Shop Plumbing shop , Scientific or Research uoratcries Storage''-or Sales' Warehouse 1 . Wholesale Office and Sample Room PERMITTED UBE6 WITH APPROVED BPFOIFIG jjSE PERKITE Primary Residen a1 &= ti r' rduc ' ionwL Institutional 6 Fnaeial Uses Fraternity, sorority, ^^ 21 . I I�Cu �or>ur��Friat foontiei—uiA1 Electrical Generating Pl ,nt Private Utility shop or storage Yard sewage Treatmeht Plart $ '�iment Uses -w+�■�j� �-rug. " Ar ricwl Typo Uses Animal pound (Public ' Commercial Type Uses Flea Market HA 6Enia!r� ne ator#gk and Rxtraotion Wd AREA RE011IRNMEPT81 Floor/Area Ratio ;i l Ka L= YARD REQUIREMENTas Front Yard1 Mini=6 25 feet'. Side Yards No side yard is specified for non-residential use except where a non-resid�ential use abuts upon a district b^undarryy line dividing such districts from + a rt.sidentiai district or when the side yard -is adjacent to the street, in which event a ten (10) foot side yard shall be provided. Rear Yards No rear yyear is specified for non-residential use gxoept where retail, co" rofal or industrial uses back upon a coMmon dietriot line, whether eieparated by nn alley or not, dividing the district from any -• .• of the lresidential distriats. li-tad, a,mintaum of ten (10) feet shall be'provided: , • . liniGHT ATXONAI TVAh (10) stories, except as noted in speoial setback requited for all structures over three (3) stories., Oupp t IggauLgroNgf. 1. Parking (eased on Use. see Article 34=115.) no ( R r ndscapinq d. creenihq & Fenoing• 22. t t t c. ,ENCLOSURE 6 e 1988 Denton Development Plan Analysis The table below provides a summary of the 1988 Denton Development Plan policies applicable to tills prof: Denton Development Plan Policy Analysis Summary Low Intensity Area Development Rating vs. Policy POLICY COMMENTS �gMMandY Sarrrawhat imm�d$ent tnoou'aW.ent CorWSterut . lift. Yes!areas Mpreserd primary Musing areas within the Oty. x Plan,n,i deveTloprned amid not exoeed rts /nooRted l" x�� allocated Kensity. x Site Man Corstral. Strkt property development control wlWn 1,600 reef of existing low density residential areas. x Traffic Design. A cm stquld be provided to ensure that nwMdamtty or - non-residential uses have aooess to Collectors or larger arterials with no direct access Nrough modentlat streets. x open Space. W5dent green space, reaeatbnal fadlltin and diversity of parks are provided, x Public hrVelp t6m Input Into planning by n Vtorhood a sodatlons and councils S enoouraged _ % Lard Vsa Divehi ty. Ho-resldertlal and MA-fan ft develom*m is enmuaged to a hrnited degree. x Manufoctwed Honing. This form of dngle-fam0y housing may be mnpab* Wth devdapmerb In the low hterdty areas w6Yd to conditions, x Strip Cornmerdal. Any farm of continuous strip mmnerdal is*7,4y dlzouraged kVer near low Intensity areas, x 5knan,e 23. c h I i 1998 Denton Plan Policies Analysts } G The table below provides a summary of the 1998 Denton Plan Policies applicable to this project: Denton Plan Policy Analysis Summary Development Rating vs. Policy CATAGORY POLICY Incorsistent Consistent r sistent Transportation. Compliments Denton's tong-Range Thoroughfare Plan. Promotes Access Management Practices x optimizes operations for emergency service providers and other pudic service providers. w 4 x Promotes pubk transportation system. SS x Contr bmAes to the Denton Trait network. Stormwater Drolnage. Protects 100-year floodpain a•eas In accordance with . DentDA watershed management plans. ".n.. x L-70 Conforms to !subdivision regulaborn. : ;'...+;1;`. X i T•-.- ContrlbmAes to tegtarwl detention fadlitles. Provides for natural rlparlan environment along floodpleln. ?a?�4�;,y`iC..,,•..�' ' X Upgrades existing substandard drainage systems as InM and redevelopment occur. Water and Devetops and maintains property and privatet±r s rq s Wastewater, Infrastructure. +jm, * r,;*" X Creates opportunity for overswng water and wastewater Ones to meet future development demands. X Provides review of proposed water and wr,water Infrastructure to ensure pudic safety and! .du 4.;fv6' X Promotes Infill Nryr ,p ents over new One exte goes X Electric. Provides underground electric swAce for new residential 5rc and nonresidential development. Solid Waste. Promotes efRdent access to a0 development For Wd t wartt service delivery. X Forks and r'svoaN.on. Locates paft and recreation fadiiues In accordance wRh the Parks and Recreabon Strategic Plan. Enhances parks and recreation opt crtunities for rescivts. Reserves floodplaln for parks and open space to aid In floodpiain oonaervatim efforts. t" X 1, .;. Allows mm Uning of parks whh other public faci'Oes to d achieve cost-effec"delivery of r ublic seMoes. Resldenbal development should dedicate land or fees In lieu of lard rat neighborhood parks. Er c+ronmental Quality. Promotes preservation of natural reso rcm x Integrates envlrwvwtal protection Meth economic '' v growth and ccnununity,devekhpnent r X r A f aenarthe 24 , G, 1, i ENCLOSURE 9 1998 Denton Plan Policies Analysis (continued) Denton Plan Policy Ana"Is Summary Development Radng vs. Pocky CATAGORY POLICY rnmrMahent App ubk Cornlstrnt NsIO"d oods. ADAdes access to pudk and www ty r Ms"ror Md&ndal ftvftdao& x Enmuapa a nbrhre of land uses Cwt bereat resident. x Aoteds and pre,!rves vhbM noloboAdods. x Promotes Woe and pedesblan trM wthn and betv*m nergxftorfwods to reduce;d-kUx blpa. x Hawing, a«d k Avt�dual un=M oPP&M to dfWn Offers a vs"d*1*4nrdly bt OZK bulldrq Sim and wke rangm ftwm edsthng hooding,Including affordable houstrg. x kmasn M11 hovmnq mnstroWon. [e000rmc Corbibuhs to a Onq and dversdkd W economy M DWanl60110M Inveasirg emplrryrrkrd and oywndag C+e to b nL k Gmrarmunt &wxapes tntcrgovenvnonal a xdirwtbn to POO& cot-e x Pak services x Urban Design. Addresses comes ty smear"in a=rpd%Vn "rune. x Nverslnes arddtMural apaeera oe of built enAravnxrn x Ndghborhaod MU&"lei rent d*Ad be Mnowbie with noMng lard uses W buildings J Protacb and prr.rves Derdon's ard&xh ral,odbral and 1 hbftdcal resources. Ertwnoes the sMeorwa&lag major enbsnaws/s. x r Ranwtes CK 7"WO M of trees and 4ndsaWing, x Public I"votvamsnt. Rovldes w opportu ltY for pudk opkt♦oa duMg the P'" x r A . i filename 25. i t i c, Planning and Zoning Commisskin Minutes July 14, 1999 Page 4 of 5 ATTACHMENT 2 Motion by Susan Apple and seconded by Salty Rishel to postpone and continue. 'Discusslon of Nom is Included in Court Reporter's transcript attached to this set of minutes (Page 71). Motion carries 7-0. 11. Hold a public hearing and consider making a recommendation to the City Council concerning the rezoning of a .6715 acre site located in the Oakmont II Addition(Lot 8, Block C)from Single-Family 7 with Conditions (SF-7(c))zoning district to a Planned Development (PD) zoning district. The purpose of the zoning changa Is to allow for a neighborhood amenity center.(Z-99415, Oakmont II Amenity Center Detailed Plan, Kathryn Niissen) Motion by Salty Rishel end seconded by Elizabeth Gourdie to recommend approval to City Council. *Discussion of Item Is Included In Court Reporters transcript attached to this set of minutes (Page 77). Motion carries 7-0. 12. Hold a public hearing and consider making a recommendation to City Council regarding the amendment of condition one(1)Ordinance No. 98.145,which defines the zoning district classification of the Oakmont II subdivision and Imposes conditions on its development. The property consists of 62.969 acres located on the north side of Robinson Road,approximately 400 feet west of State School Road, The purpose of the proposed amendment is to after the amount of landscaping within a buNeryard between the Oakmont 11 subdivision and right-of-way for the proposed FM 2499 highway. (Z-99- 047, Oakmont II Ordinance Amendment, Thomas. fray) Motion by Bob Powell and seconded by Susan Apple to recommend approval with conditions to City Council. *Discussion of item is Included in Court Reporter's transcript attached to this set of minutes (Page 88). Motion carries 7.0. 13. Hold a public hearing and consider making a recommendation to the City Council concerning the rezoning of 5.0 acres from a Agricultural (A)zoning district to a Light Industrial with Conditions (L1(c)))zoning distrl The property Is located on the north side of Mingo Road, between Loop 288 and Cooper Creek Road. The proposal Is to allow for light'nduslrial use.(Z-99-043,MingolLoop 288,Kathryn Nilsen) Motion by Susan Apple and seconded by Salty Rishel recommend approval to City Council. 'Discussion of Nero is Included In Court Reporters transcript attached to this set of minutes (Page 106). Wotion e 7-0 14, h,o d a public hearing and consider making a recommendation to City Council cone ming ! V, tha rceoning c!1.237 acres from an Agricultural(A)zoning district to a Commercial (C) zoning r;stricl. The property commonly known as 3840 N. Elm Street is located^n the southeast corner of N/Locust Road(Hwy 77) and Riney Road. The proposal is for commercial development, (Z-99-042,3840 N. Elm Street, Wayne Reed) 26, t U I i 1 Planning and Zoning Commissipn Minutes July 14, 1909 Page 6 of 6 I i tPUscusslon on by Carol Ann Ganzer and seconded by Bob Powell to recommend approval with itions to City Council. of item is included In Court Reporter'o transcript aitached to this set of mutes e M. 0 a public hearing ejowme"Mition to CRY Council the rezoning of 3.086 Acres from an Agricultural(A)zoning distrkt to a Commercial(C) zoning district. The property is located on the southeast comer of Pociwa Pepe Road and 1-35 rest frontage Road. The proposal is for commercial development. (2-99-049, House Smart Addition,Wayne Reed) , Motion by Susan Apple and seconded by Carol Ann Ganzer to recommend approval to City Council 'Discussion of hem is Included in Court Reporter's transcript attached to No set of minutes (Page 185). MoOn carries 8-1, SeN Rishel 0000sed. BRIEFING (This item will be presented during the 7:00 p.m. dinner break) 16. Receive a report and hold a discussion regarding the Economic Diversification, Transportation, Water Services,Wastewater Services,Stormwater Drainage,Soi'rd Waste, and Electric Sections of the Draft Comprehensive Plan. DIRECTOR'S REPORT 17. Council Action. I 'Discussion of Hem is Included in Court Reporters transcript atterlied to this set of minutes ' (Page 183). 18. Future Agenda Items. 'Discussion of hem is Included in Cou1 Reporter's transcript attached 10 this set of mbv•'ss (Page 183). i r J ' t 27• i r. � I i t a Condobaeit'" Page 117 Page 119 1 Mx RISHEL Right As opposed to just I by staff. Any discussion on the motion? All to favor 2 as ng you have to have this stripped out and this 2 raise your right hand. Motion carries unanimously. 3 pod out and this stripped out. ?bat may In fad be 3 At this time—yes,we've been uW by 4 their landscaping If we kit it to them And now 0 we 4 several to take a beak We're going to take ten 3 don't do that process,then they have more flexibility S minks. Be beck at 9:00. i 6 in bow they create their 20 percent. 6 (SMaC TA" 7 Ms.NIIASEN: Correct. 7 MR DKmaREcHT; Clem 24 to the next item 8 MA Rmstwu okay. 8 on the Agar is this evening,which is to open a public g ' MR. MIELBRECtrr: Commissiooert,other 9 bearing and consider maid ;a recommeeda60n 10 City 10 questions? If were requiring this along the western to Council mourning m^,drag of t.2"from ++ I I and northern boundaries at least 13 feet,Is there still t I Agricultural to Cmmrxrcial. The property oommar0y known 11 within that 20 percent a requirement or would them be 11 u 3840 North Elm is located on the southeast cons of 13 some along the frontage of Mingo,which is to the south, 13 North locust Road(highway 77)and Riney Rosa 7be 14 right? 14 proposal is for commercial development At this time I S MA DONAWSON: 1 don't believe that they 15 I'll open the public hearing and Mr.Rood.1 believe,is 16 could meet the entire 20 percent roquiremrnt with the 16 going to provide us with the staff report. 17 two 154,00 strips 50 there around be Some additional 17 MR.REED. lbw&you,amirran EogelbrmchL 18 landscaping and depending upon their parking lot 18 Tonight we have a re I"for a Commercial zoning 19 confi nti oN they may be required to do some 19 district to 1.237 seal located on North Elm Stmt 20 tandscaptng internal to a parking area. 20 [.met me pull the map cut The regwd here is 21 M1L ENGELDRECHT: Okay. And then this— 21 essentially going from the original dedgnation of this 22 the comment coat made that this is not typically 22 property,Agricultural.*ben it was zoned and so the 23 required I'm usun3ng that you sort of are going•• 23 City her not comprmhersivay considered what Is 24 you haven't gone beyond the percentage of the landscape 14 appropriate for this property Previously. In staffs 25 Ordinance,you've simply sort of specified where bocause 23 analysis we have found stud it la mostly consistent with Page 118 Page 120 1 this is a major employment center and we're looking at t both the policies and trip intensity Standards of the 2 Some sort or visual aspect to the property. 2 1988 DDP red slat it Is somewhat consistent with the 3 MS.APPLE: Consistency. $ policies of the 1998 DDP rot a straight Commercial 4 Ma DWALDSON: 71st,plus the uncertainty 4 zoning district. We've called out In the staff report 3 as to what any adjacent property may be used for. 1 3 that the 1999 draft oomprebenslve plan Identifies this 6 MR. ENGE[EPECHT: All tight Other 6 area as a regional mixed use center. Being on the 7 questions rot staff? if that are no Other questions, 7 range of a high-intensity an also facilitates 8 are there any comments or a motion? 8 commercial activity that provides a transition from 9 MS APPtE; rd like to make a motion. 9 regional to neighborbecd orientation. So as we hove 10 Based on the fad that we have leaked a lot abxn how 10 away from atr'88 plan,our new policies are saying that I t we're trying to be consistent in what we do and we're l I this is more consistent than it would have been in the I2 trying to look towards the future,I am going to move to 12 1801. 13 r-nommend approval of Z•99-043 with the C"tiom that 13 The particular property Is cuarexatly l4 have been recommended by staff. Tbose being lighting on 14 abutting some residential rase or uses. At identified on o tiro property shall be designed and maintained to as not 13 the zoning map,everything to the ens:off of Riney 16 to shine on or otherwise disturb surrounding residential 16 Road,to the south side of Riney Road and to the north 17 property or to shine Inc!project upward to prevent the 17 side of North Elm Street or Highway 71 is existinii r 18 diffusion into the night sky,and a buffer yard along 18 residential. Star[has received one tWOU a which 1 / 4 19 the western and northern boundrres that is at Mast 15 19 +vas hooded tomlot and 1111 hand this to ML Ootudie and 20 fed wide with one canopy tree per every 20 feet of 20 she can pus it around The particular re90M that 21 buffer yard and with 1.5 under•gtory Umea rounded to 21 you're looking at which is In favor is from the mast 22 the next highest whole number for every canopy troe 21 adjeant property owner. At you can tell on the reap on 13 Mx FISHES: Second. 23 the document camera,Ibe Proptr1y 0`'=Who's TcaPooded 24 MR ENOEIBREarP: m's been moved and 24 in favor adjoins this subject property slang Its entire 13 secooded to recomnxod approval with conditions out line" s s •&stun property line. In toed,the Public:notice was PLANNING & ZONING JULY 14, 1999 2 g' Page 117 -Page 120 =�� ' t(7oodeoslsltt" Page 121 Page 123 1 sent to seven—the legal notioes were sent to seven 1 will be. 2 property owners and as of today that is the only one 2 MR.Moevo. t see. Thanks. 3 that I've received. 3 MR.KE mt so that's a hard answer eY a hard 4 So looking at this and considering our new 4 questlon to answer. S policies,staff recomumends approval for the following: S MR eKwLeRsm: Other questions? Mr. 6 that the approved uses shell be limited to the uses 6 Rider. 7 identified In Enclosure 7,which is in.of course,your 7 MR,usaEU Mr.R04 tha other properties 9 staff report beginning on page 13,Re maximum square b that are south o'Riney Road that are,l guess east of 9 footegn for any structure be limited to 6,000 square 9 the property,those are all residential properties,is 10 fat;and that lighting on the property doll be to that cww? I 1 designed a:.d maintained so as to not skim on or 11 MR.REM that Is C=ecL 12 otherwise disltub surrounding residential property or to 12 MA RtsHEL'' I guess my concern Is n 1 go 13 shim and project upward to prevent the diffusion into t3 back through the Enclosure No.7 and some of the uses 14 tin:night sky. And in trying to keep our presentation 14 that would be allowed In that and wbae we are In our 13 d.ort,I hope I've atverod at least some basis for you 15 community with our thanking,I had several uses that I 16 to ask questions. 16 would like to look at more closely;one of which is in i 17 MIt ENOEMRECHr• Commissioners. Ms.Apple. 17 that top category which is dormiwria,boarding and Is Ms.APPLE: lust a comment. I was plaised i s roomhg houses. And tiro as 1 Move back through 19 to read about the future road improvements because 1 was 19 keeping In mind that this Is next to residential 20 rather Wren back that the trip intensity was 1,1 SS 20 p warty,I'm concerned about the laundry and paint and 21 percent over allowable. I don't think I've ever seen a 21 body businesses and Rdrgs tike that So would then be 22 figure quite that large so that made me fed a lot 22 —if we were to restrict the further,would that be 23 better. Thanks for including that. 23 any objective to the petitiOW7 24 MR.WCELBREC'NT: odw questiwt I'm 24 MA REED: the petitioner is here and 1 25 assuming tliar is because of the old n pant +s think be wWd bat answer that question. I do know In Page 122 Page 124 1 Mx Rw> 7bat is correct. And so we still t my absence,l was on vacation between hay t It and July 2 include that because we're in this transition and so 2 12th,1rry Retcbhart was working on fhb did talk with 3 really sometimes it gives you an imprestiom of cone 3 the sppliaot and they struck the uses which are 4 negative Impact,yet we're different today. The 4 omitted. S conditions are different. I ML RS9HEL• 1 see several of them stnrdc. 6 MR ENOELBRECHT: That's a nice facility up 6 As I sid,there's several arras and I just want to 7 Rare. It pays taxes and there's no traffic, 7 bring the petitioner up to speed with where we may be as 6 Ma POWELL, By the way,it's for sale if a a con.mumity in trying to look at things a Little bit 9 you're interested. 9 mare critically as it aWs residential a as. And that 10 MR.ENa8t9RECHr: I like it the way it 13. to dexaitatia,as I say,and boarding b was and laundries I 1 it's nice for the residents, t don't know about for n 11 and self-cleaning things beam of the fumes and 12 but it's nice for us on the north side of town. Are 12 nwicus odors that might be given off ad auto palm, I) den other questions of staff? Mr.Moreno. I s holy repair-type things might be flings we'd be 14 MR.MORENe} Yes. Are there going to be 14 c*ww+ed about. 1 don't know if veterinary climhCi 15 Improvements to Riney Road as a r mbt of this Is would fall Into that category or nol with kernels and 16 development? 16 those types of things. So I'd like to reroostder those. I7 MR REED Asper exrr Subdivision 17 t4R.ENOEt2rRECHTr other quesions? I want 10 Regtiations the property is required to make 18 to••I noticed In the next case,not th+a one but the / e 19 Improvements to adjaomt perimeter paving based upon the 19 next um,tiara's a comment in the stiff report which i 't 20 improvements that will be occurring In this area 20 says,The plan recommends that eaamercfal uses not be 21 ind Aling Highway 77,as weli as the road which is 21 healed continuously along corridan in %quote,glAp, 22 immediately oath to it. The exact improvements based 22 unquote,manner. 2) upon the timing of the platting of this property may net 21 Mt uzo And you're spa'eing about the 24 be to the strew as they are in their present 24 next staff report? 25 configuration but may be to what their future alignment it MA ENWLBREcKT, No, And 1 want to use PLANNING sib ZONING AILY 14, 1999 2 J . Page 121 •Page 124 y'• - Condenst:104 Rage IIS Page 127 ' I that with regard to this particular case. And I 1 that they be located at the Intersection of owllectar *, t rwognlae that in this sae tits is right next to the 2 streets with other strata,am that sort or thin& so s regional commercial center and,therefore,tlnie sort of 2 we would have a set of criteria built Into the 4 serves as a transition intensity-wise to bring it down 4 Development Cade and the T.00ing Code-well,they'd be s to the neighborhood. And I'm assuming that gcm1c'rAll j t gmbined info a slrt c Development Code•-so to 6 along North 1,ocusl that that salve•-txcuse me, 017 6 ionrccntrate any cammerctd Jate°t1! !an }fat ywe 7 Elm that that same policy would apply that wv would 7 control design h4 0 to wf air I attempt to minimlra continuous strip corridors. So, re PC th orhood eomimm ty tat of 9 therefore,I'm assuming that if,for example,a case 9 onat-oriented. to came in text door to this,to the east, that we would to MR.ENOELBREC7fr: All right. With regard k I I not Took very favorably on it from the peripcetiva that it this particular case,would there be a curb cut onto 77 12 it would be promoting the strip eonnmercial. I'm just 12 allowed? 13 trying to gel a sense of where we would bu stopping it. 13 MR.Rum David Salmon could aNslttef that, 14 MR,REED; In general,yea,that would be a Ii Agaln In our Subdivision kuladons,we state that we 15 correct statement. Of course,when we have the new I I want to allow curb cuts on the leaser classified of the 16 comprehensive plan In place,we'll have specific 16 two roads where lion are two that a property has l7 policies where we can do performance standards as to 17 adjacency to. is whether or not one would be conslsteni of trot, is MR.ENOELDREM: Riney is oaWnly a 19 W. ENGEL9REM: Okay. Bee suse I noticed 19 letter. 20 that•- and by the way,I waned to point out to staff, 20 MA SALMON: Yeah I don't know that 1 21 in our draft comprehensive plan,I thought the map on 21 really have it la mote to add to that. Driveways would 22 page 40 was really better than the little we've been 22 certainly be an issue we would have to work through on 22 given. It really sort of gives you a better outline of 23 this site. 1 would imagine someone wanting to build s 24 where everything is. I guess it's because it's a little 24 sevhoe station or something of that mture on this 2f leugxr. 2s trod is going to want a driveway on NoM dm Street Page 126 Page 129 MR.DONAL DSON: well,It's the next I Our ordinaries probably would not allow that considering 2 geeratio n. The previous one was the Growth Management 2 the existing sired coaftgurodom S Strategy,whereas,this Is actually the draft land use 2 MR.MGELDRECxn All right Very Erne, 4 plan. 4 ?bank you. Any other questions for staff? Appears not. 5 MR, ENOEt>3RECttr: that's true. A greater S ?bank you,air. G the peddooer or petitioner's 6 level )f detail is what you said and 1 an at least rind S reprew tative present? Do you are to make twmments'r 7 it in that particular map. Well,explain to me..you 7 If you would place give us your name tend business just sal d,for example,th,-te would be••you used some s address for the record. 9 tenninology,the assessment of that to determine if some 9 VA.sADEOMAN: Yet,air. Good evening, 10 commercial further down. What was that? to ladies and gentlemen. My name Is Khosnnw Sade M&N I I MR.REED: Pafor=09 sandania? I1 P.O. Dox 2451,Coppell,Texas. I'm the petitioner. 1 12 MR.matt sxrm, Performance standards. 12 bought this land originally for a service ration Rod, 12 For example,what rr4ht that be? 13 of cotmq ten's going to be 200-sae r bdivWon 14 MR.REED: i will Let Mark Dona'icon speak 14 right above me that has--Is going to have,l guest, IS on that as he's more intimate with the eompreheosive is the only road,if 1 undastntd It right,going to go 16 plan and the writing or It, l6 right through my properly Rind it's going to out it to a 17 MR.DONALDSONI: Ali or the area you see in 17 smaller section and a bigger oweon. And 1 talked to r is beige on the draft land use plan would be prltnarily is my neighbors and they know--Ali of them know about it. 19 realdentlal, The concept Is that,and we'll get Into 19 They all support IL And 1 talked to the neighbor right 20 this next were in grater detail,that within any 20 next door. She was Lae but site couldn't--she was i 21 neighborhood we may,in fact,allow some 2 i going to come and talk in support of it,but sbe 22 neighborhood-oriattcd not-residential uses. But in 22 couldn't be hero at 9:30. Sbe Bald she might be here. 2 r t 23 There she is. So she's It wbolehmrtedly and i 7 conjunction with t1u4 we would have devel gran auPDaGng 24 standards which would dictate that they be=4:tihta 24 she's talking to the red of them. ,. is with she adj anent residential uses,that perhaps etitia North Elm 4 goUlg to be a buoy recd and PLANNING At ZONTNO JULY 140 1999 30. Page 125 -Pap 148 i r V Condenwlt' Pipe 129 Page 131 t that uea needs that kind of service. And I cut a lot I MIL MDECHIAN: okay. On that,I didn't �. t of things that I thought was,you know,things Me 3 strh7co that down because 1 felt like that was cot a bad 3 sexually-oriented,things Out 1 didn't taro for. We f business but 1 may the likelihood of••I didn't want to 4 struck those ovf. And as for as being next to the 4 limit my property too much. 1 Just wanted the bad stuff 3 neighbor, they're going to take A lot of the frontage S out That right that,the reason why I kft It Is 6 from a lot of the houses them and so they're not going 6 probably the chamaa of that bang there Is probably otx 7 to harp much of a yard. And i think eventually those 7 out of 100. I people••they don't want to giv,their land but they're s dtIL IISHEL, we htndhanaod tA,L And one of 9 going to have to due to condemnation. So it's going to f the concerns we have Is what co xid go to there and how j 10 be a natural to have commercial right on that correr to to It would affect the reat of the oe4hbafiood I I where the 200-acre that'd going to probably have,toy 1 I MIL saasw w: okay. 1 weld say.. I2 guess It,I'm not r demographic of whatever,but 5,000 12 MIL PUSHM In light of whore we are in our I3 people that are going to have to go through right next is community and,sbvlowiy,you haven's hard the 24 to my Property. 14 discussions we've had 35 Now,if I could have put a house there and Is MIL wECl M.. To be boost with you,I 16 not have a busy road on bcth sides of me,I would have ib don't know wbat that sentence—*Iw kind of 17 done it certainly. But if I was—if I bought it for 0 organization can go there. I don't imow what that 1 s that purpose. Right now it's Agricultural. But is moms. Wheal Is your uodatw4ng of dormitory, 19 basically your question,Mr. Rishei,As fu At the 19 boarding—I Suess dormitory tar the college or maybe 20 neighbors, I have their support on Out And as far as 20 -I don't know. 21 being buffered,the strect is the buffer that they're it MIL WHED we lave an atmosphere In our 22 going to put between me and the grass. 22 community where we have some remote college bowing, 23 MR 04oE[.13 ma: Questions? Mr. Rishel, do 2l student."housing that's going In and it has been 24 you want to ask quccstions about uses? 24 vehemently opposed in numerous sitnatons. 23 MR. RISHEL: Yeah. As I say,I'm concerned 2$ Mkt IADEOHIA4: Yeah,okay. Page 130 Page in 1 about the neighbors and I Appreciate the fact that 1 MIL PUSHED Fad ecialy when they abut 2 you've almady struck quite a few of those things that 2 Mighborhoods. 3 may be ofrensive to a pre-existing xkphbafiood. And 3 MIL SADEMM: I see. How about—I 4 I'm Just going to throw•-what 1'd like to do Is throw 4 believe that the way that rod is Soy/to be,a lot of s out some things that••you tell me if there's things s the houses to the south of me,they're going to lose 6 that we might be able to live without and we'll Just 6 most of their yard,i assume,and they probably would 7 kind of check ors these things,if we could, I'm going 7 support what we're dohhg, And maybe down the road, I to start in this first category which was dormltoria, 1 they'd be willing to or want—1 Sues 1 dealt know 9 boarding and rooming houses,and Have corh;mg else on 9 what the mum to why everybody's pro what I'm doleg. 10 that page that I was overly conoerood aba2. The next 30 And on this tight bee what about,Id's say sorority or I I pw had-- 1 I somethirug like that,would you oppose thd? I 2 MR WOEUxF.M if 1 could Interrupt Just 12 MIL DUCM 7bee's soother catem for 13 A moment Do you have a copy? I I that. 14 MIL aADEGHIAN: Yea,1 do. This riot here, 14 MIL anitar Yeah,theca's another section . is yeah. is under tousl* 16 MIL ENOELDIEM: All right On the fuel 16 MIL 9ADEOHIAN: okay. Well.I dealt mind if 17 page that would be the third item under primary I? that Is a problem••It's,like I said,the— 11 residential uses. Is NIL sums I may be the only one that 19 MR.SADEOHIAN; Is that A PVC !S? 19 rob that way. 1 don't know. " / /•,'; r 20 MIL PUSHED Yea. 20 MIL IIADswm: oh,okay. 1'd say I was 21 MIL 9ADWM AN; okay. Dormitory,boarding 21 going to lave It theca because d didn't want b Amit 22 sod rooming house. 22 my proptrty to 04 to only a few Wags. But I Just 23 MIL PUsHa.h I have nothing etas on dot 23 didn't*sot it straclt because 1 fait like it wasn't the 24 page,although someb 4 else may. Maybe we should take 24 worst thins. 15 it a pare at a time, MIL atsHED it aowtded to me n you made PLANNING sit 7.ON1NO RhLY 14, 1999 31. Page 129• Page 132 i t7ondeasell"` Pip 133 Page 133 1 your introduction that you kind of bad plans for taus I page I8,sewer trcatmc^nt plant 2 ply already. t MR SADBOHtAN: No,wo don't west Out 3 M0.aADWHIM: Yep,t did 3 MR.RISHHL: No. And 1 think your neighbors 4 MR.RISHEL: to wr were trying to think, 4 would say the same chin;, AnhLJ pound,private or S trying to work with this and the neighbors that S public and a flea market. 6 pmxist there in a good faith effort In the prooas of 6 MR.SAUEOMAN: Okay, A flea market I'd 7 trying to protect neighborhoods And we're just trying 7 like to--let's see ow. Animal pound,public of I to rind a mutual ground that we an ail"on that s private,"'would say no and a/swage treatment plant 1 9 these would be things that would be allowable. 9 would say no. And some of the other,I'd say hatchery to Mkt SADrGHUH: tee's put it this way. My to and poultry,I don't think so. I would take that out I I primary Is the service station that we talked about. 11 In other words,I'm crossing them out 12 That's my primary goal. And these 1 felt like it's 13 MR.Rlslla! 1 want you to back up to the 13 just like you're going right next to Wahmart and Walmart 13 fka market then. 1 heard a Iittle lesSution there. 14 doesn't want you to have a stow just like them on the 14 MR.SADFOHIAN: Okay. Flea market, 1 j 15 next Property. They 1 mit it. But I felt like I didn't 1 S wouldn't want to open anything really open that— 16 have anybody opposing me on that. I felt like,oh,just 16 MR.RISHEL: As 1 say,we're trying to find 17 Leave it there and that's one out or 100 chance that we 17 things hit would be compatible neighborhood services Is might have that. 1s for the Beat of the neighbors there. 19 MR.MHM t undaflutd. 19 MR.SADaom": 1 would take that out,too. 10 Mtt&4DEGHUH: i don't know if I'm 20 MR.RLSHEU Okay, 21 answering your question correctly. 21 MR SAmEOt1 w Auto painting and body 22 ML N-H£L You're not, 22 repair inside,not outside. I don't want anything sr MR,KIM- Mr.Ris}nel,it may help hem,if 23 that's outside like heavy macNnery. I oppose that, ' 24 we would allow•-if you would just go through the list 24 also. Tire retreading,it has to be inside. You know, 25 lice 1 think you attempted,tried,Mr.Rishet And if 23 I.in Eire you have some••I would put some control on Page 134 Page 136 1 he knows which ones you're talking about and then we an 1 It 2 let him come back and to through them because he may•• 2 MR RmaL. it says tiro retreading and 3 Ma KMHEt: Let me lug—maybe you oould 3 recapping. That'a more of an indusbial•type of thing 4 Just check them as 1 cite them. And,as 1 say,if 4 as opposed to changing a flat S wmeorre else has w nething that they'd like to enter, S MA SADEOHIAN: U that what that Is? 1 6 they ors do that at the end,I suppose. So en that 6 didn't know, I probably wouldn't want Out 7 rust page the only one 1 had was that one I spoke of. 7 MR RISHEL: And Mr,Reed may need to. I On the next page 1 had the fourth one down,which is s we're snot trying to limit flint 9 dance hall and nlghlclub. I had rodeo grounds Down 9 MR SADEOHIAN: I would say if it is 10 towards the bottom of the page under auto, I had auto to In-house that it's not going to disturb anybody,it's 11 paint. 1 had tine mapping and then retreading and at I I Just regular byte any gas station you go t%no problem. 12 the bottom of that — 12 MR.R1sHBt.: Yeah,we think you ought to be I3 Ma sADeGHtAH: Hold on. Okay. Auto paint, 13 able to change a tire or repair a tire. We don't have it 14 ]lot that. What's next? 14 problem with that Recapping and retreading is a Is MX atSHEL I had tire retreading or I S different proms and rather Way. 16 recapping. And 1 had laundry or cleaning self-serve and 16 MR MEOlf". Okay. I'll strike that 17 I'd like to back that off because,I think,obviously, 17 then. 1 would stroke teat And I would (like to ask 18 that might be a neighborhood service. So kt me do away I a that the 6,000 minimum to be increased to 8,008 square A 19 with that. But there's also a part that has commercial 19 foot a /i' c, 20 cleaning. The next page which is pace 17,llcenxd 20 m ota x: There was a page»yea,did you 21 private club and then a pawn shop. In the,text category 31 went to go beck and look at page 3 or page I77 I'm 23 1 had a hatchery,poultry, The next ategoy on 1 bad 22 sorry. 23 cleaning and dyeing plant oommarcid and there right 33 MR SADEOHiAN: Hatchery and poultry,shrike 24 below that,cleaning plant and then a little further 24 that. And,W.Wshel, I'm hied of I*on two other 2S down,a laundry plant commercial. go the next page, it Hems. RANNINO&ZONMO JULY 14, 1999 32. Page 133 • Page 136 c Coaden6elt"' Page 137 Page 139 I Ms.wxm up at the very top be t biggest problem we have we don't clan many Palm 2 mentioned•• 3 rugs in Denton. It tends to be other typed, ?bey use a , 3 MR RMHat Yeah,l mentioned licensed 3 lot of--It tends to be the one that use a lot of the 4 'private club and a pawn shop. 4 commercial chemicals. S MR.SADEGHIAN: Okay. Pawn slap,l wasn't 5 Ms.APPLE solvents. 6 opposing•• I wanted to have the opportunity to have 6 MR.rNOWREOM aolvcn*thank you. 7 that if it'd,a n1ce,"t pawn shop. 7 MR.SADP.GIEAN: Now,l think if I Understand 8 MA.RLaxEU My concern is that 1 don't know 6 it right,I was talking to a awatman that had--bell 9 if the neobon would like to have that. 9 In the business of cleaning and 1 tldnk they're coming 10 ML MEGHLAN. well,Is there anybody that 10 up with different solutions that are biodegradable but I I maid oppose me? I'll be glad to listen to their— 11 I'm not the specialist„just what he was talking about. 12 MR.BLICEX: I think what you're not I1 Ms.APPLE: would you be okay with striking 13 understanding is what Mr. Rishel Is saying is neighbors 13 base,though? 14 don't necessarily mean neighbors today. It could Mean 14 ML SADPaMM Yes. You bet :.nd I'll 1$ neighbors at any point. is tell you what,just to help you,I'm going to add one 16 MR.SADEGHIAN: ok 1 trot. Okay. to the 16 root to strike. 17 future. I'm going to lave that up to you,Mr.Rishel, 17 ML UM.. there tas also the laundry plant 19 because 1 personally,you know,wouldn't oppose it. But I6 me.sADmmo. Okay. laundry plant 19 like I said,that's one of the last things that would go i9 commercial,I'd like to strike that,too. 20 thee. 20 MR.Rlsmu can we go back up to the pawn 21 MR.AmHEa rd like to include that if it 21 shop? I'm not quite sum 1 bard what the•- 22 mats with your approval. 22 M L WBMW: 014 that,if it'd,A teat 23 ML SADECHIAN: Snm. 23 mall 7nal pawn shop that's,you know,presentable,1 24 MR KXFK: That licensed private club that 24 don't object to that. 1 went it is whet I'm saylog 25 was right above it. 23 M9.000RDrB do 1 make■suggestion? Page 138 Page 140 1 MR. IIISHEL: To exclude? I MR.eNOELBROM: Ms.Geordie. 2 MR. SADEGHIAN: Ycah4 to exclude. Excuse 2 Ms,oouRDle u It possible thct we could 3 me. 3 have just a moment for him to sit down and toad it and 4 MR.BUCEK: Right above pawn shop,it said 4 maybe have the neighbor come up and talk. 5 licensed private club. 3 ML E4O"RBCHT: Yeah. I thought once we 6 MR.MEOWS: Now,if it is a private° 6 got Ihvayh with this list. 7 well,if it's private club,it's professional and••1 7 Ms owniw Iknow but maybe she has some I don't know. I'm sure the City controls things. 1 It Insight to belp him make a decision that might be 9 wouldn't ••I want It there,you know,but••I foci 9 helpful to him. That was my only thing. 10 like if It's a professional good club or wlatever-- 10 ML WOELSKSO Ti okay. And,Mr. Nock,you I1 MR,BUCEK: Okay, 71e next one down under 1 I had I comment. 12 eomaterclat-type uses he mentioned cleaning and dyeing 12 ML Btrcex: rd like,because 1'U have to 13 plant. 13 draw this ordinance,l wanted to be sure I had them all 14 MR.SADEOHIAN: No,I wouldn't do that. 1 Is down right Mr.Ridsl,earlier before be come up,you is would strike uyrt is mentioned that you had comoam about outside ran and 16 MR, BUCEK: How about the one right 16 pens. I thought of the animal clime,but you didn't 17 undernei th it,ckaning plant bags or carpels? 17 mention It through th4 pro¢ad, Do you to fanger have i I I MR, SADEOHIAN: Now,if it Is trice a 11 a problem with that Mims]clinic 14 that lea U they t, r 19 cleaning Persian carpet,you know,that's inside, 1 19 have outside runs? 20 don't--really either one of those 1 wouldn't strike 20 ML join + Yoab,l did ant include that 21 but I don't know whet y'all think about that 21 originally, But It certainly might be worth 22 MR.RISHEL: I think the problem we've had 22 OmIddering. 23 with that In neighborhoods is the fumes that am given 23 ML KxmG "ll,1 just wanted to be sure 24 off from that type of operation. 24 wbere YOU wee. I dolt want to suggal amyP* 25 MR.ENOELBREM: That lends to be the ML ENOElBWITt Generally in the pant We PLANNING &ZOMNO A LY 14, 1999 33. Page 137 • Pap 140 I a Pip 141 Page 143 1 have said those with no outside runs,I believe is the 1 about the highway development. And tbey feel that 2 way we've handled that. 2 they're just being forced out,that we've all hind 7 Mo. BUCEIG T?at follows with what you wpm 3 representation togetber. We've had to--I've had to j 4 saying if it's Inside it's fine,but if It's outside 4 help them. They don't even know how to fill out the s you've got a problem with I%too. Sea we'll put no de wa 3 forma and they've lived tbut probably I don't know bow 6 them. 6 long,30 years maybe. But that's progress and we know 7 MIL SADEaHL4N: M. 7 that the highway is going to widen and there's nothing I MR.evCEX' Mr.Rialtel,wen those all of / you ani do. It's going to widen. And they know that. 9 your comments,do you think? 9 But the traffic is Setting heavier and 10 Mk R%HEU t don't know if we've been back I o bavier on the highway. You have a lot of traffic from I 1 through them all. Would you like me to go through them I t the Knights of Columbus on the one side end Sol*behind I2 again? Let me go to page 16 because there was a ••110 12 Riney which to now going to be closed You know, 13 start from the bottom and go back up. 13 Riney's going to be closed on the two sides end then the 14 MIL SADEWnAN: Mr.Nock,What category is 14 road Nicosha Street Is going to come in right next to i 13 animal clinic? IS me. Tbey foci like it's Inevitable that it's going to 16 MR.BUCEtt: Animal clinic was In l6 go commercial and that they're going to have to lave. 17 spicultural•type uses on page 17. And Mr.Rishel hat V The people directly bcbad me and to the aide have I I no problem with the animal clime if there an no t 6 already been looking for property etsewbere. And I own 19 eu'rate runs. But he wanted you to strike the clinic V 19 property at Wee Ray Roberta that I'll be moving to as 20 then wen outside tuns. And my understanding was you 20 soon as 1 can. I feel i Ike 1 have to leave Denton. You 21 agreed with that 21 won't like tilt,but mod of my friends at the college, 22 MA SADEGHIAN: Yea 22 you know,we're very opposed to the copper plant. lust 23 MR ENaELBRBCHT: t think Ms.Courdie's 23 so you know. But anyway,It's prolp and I'm going to 24 tonuneot Is good W. Rishel,you've listod all of them 24 stove on cut. I lave livestock. 23 that you hot,oormx? And I'm trying to understand If 2S The neighbors that I've talked to,and Page 142 Page 144 1 the petitio icr has gotten that entire list t then'.just about eight of us,they're act opposed to 2 MR SADEaHtAN: t've got It. if I hadn't 2 it going commercial beaux they foe,like,well,why 4 3 marked it,1 have It in mind And as lxtg as y'all have 3 not now rather than later. However,the very,very r, it,we can go for it. 4 older people,they kind of fah like they don't really 5 MR ENOELBREC'HT; All right. What 1 wet s know what they're going to do. But it's a few door 6 going to try was we'll open up for the other public 6 down from them and co the.trap,they're fine and bee 7 comment and bring you back even if we don't hay.any 7 behind. Lit they feel like it's probably about time roc I opposition so it gives you a Iittle chance to look at / them to go into maybe alternative housing because 9 that list. 9 they're having a had ILL=managing. The few neighbor 19 MR sADEoutAN: okay. No problem. io hen,we took after them. 1 mean,we just kind of help I1 MR r,4aE1BRrm; If that's all right with I I acb other. It's just about eight—excuse me,like 1 12 you. 12 said,about eight houses. I S MR SADEOHIAN; stank you much, 13 So the people I've talked to,they're set f 14 MR ENGELBRECrrr: Ali right. Very good, Is 14 really opposed for that reason but they fat like,wets, 15 there anyone present who would like to speak in favor of is it's coming. The highway Is widening In a couple of 16 this petition? Yes,ma'am. Please if you would come up 16 yarn. Tben's going to be the development rot boo, 17 and give us your name and address for the record. 17 We've ail received notice about tbat,the 20o KM II Ms.smA., Reese Sows,3600 North Elm. I I I'd rather sea sartethhng good come of the Ara. As it s. , 19 I'm the property Io the orange on the map. And it 19 is right now,there's a lot of rut-raft going on up on 20 rally hasn't felt lilts a neighborhood slna Texas 20 the hill,to be perfectly booed. 21 InOrum>cnts has been there on N one s,dc of us and m 21 MR.BNaE'LBRBm, Ma'am,if you would just 22 the other tide the Knights of Columbus hall. Thme's 22 point out•-you mentioned the Knights of Columbus and 23 approximately Clot,housea,in that tittle tiny 23 point out were they are 00 the reap to CAL folks 24 triangle. You lave a few neighbors who are very 24 understand when - 25 elderly,in thelr,90s and got,wbo in trudnly upset M&sosSA: okay. This Is the KnW tt of PLANNING do ZONING JULY 14, 1999 34. Page 141 • Page 144 ��.: Condiatieltt" NO 145 Page 147 Y 1 Columbus right t,em. t that live fight bete who are not in good health at all, 2 MR MELORECHT: And thy have to get In 2 1 don't know bow they could Amy. It's going to be 1 ' S ultra ugh Riney Road I s almost on their doorstep, 7ba lime red!lags and,you 4 M.S.SOSSA: Yes. And they come in on Riney 4 know,they've come and tollmd to us and they've given us S right berm and that usually--a lot or them come up S all their talk rmation and Omit tontrod offer and 6 behind Riney. This Is a really bard sun right here 6 tWngs, It's almost on their front pork. 7 that they're going to close mid so most of them oome off 7 MR.tot "REM: Okrj. Any other 8 this way because it's a much easier turn to make. You 8 questions? 9 almost cannot make that turn onto North Elm without 9 MR moitkt c Ms.Sasso,my take is that you to backing up and turning again. It's a very awkward turn. 10 have very strong feelings about this community and the I I Art you familiar with our little area? I I direction that it's heading and everything. 17 MR. DMUREC7tT: i am. 1 think most know 12 Ms.S/38SA: they 1 do, I 13 where the Knights of Columbus hall is. I3 ma.mokea And it's unfortunate that 14 Ms.SOSSA, Donna Street I$right-- 14 you're laving us,, But 1'd like to know what your 11 MS.t3AN7Et4 719M are large r eddMt1al 15 opinion Is about studtbl-oriented housing. 16 lots,like half acre and one acre lots'' t6 MS rOSSA It's just kind of funn r that two 17 Ms.SMA. Yes. About a half acre to one. t 2 doom down there's a building that was na der into three t S Yc%ma'am. And it's zoned Agricultural,which kind of 18 apartments that have students in and out rf it and 19 &reprised me. I've lived there about 15 years, And t9 parties all the time. 1 mean,It's kind of weird to roe. 20 this Is Donna Street right here. 20 1 man,l don't think anybody Is ever h•any greet 21 MR. ENGELBRECHT: go is It your.•and I'm 21 concern about us there, I man,to be pe�feciy honest, 22 trying to got a sense of the neighborhood, Is It your 12 v j have a tot or things going on up mere and around ms 23 perception and that of your neighbors that this little 23 and people don't seem teal concerned about us. They've 24 small ace in here will go commercial in time? 24 put in duoc apartments right there,right two doors 25 MS.YMA,, Yeah. They've all said that. 21 down from me and they have col loge kids In and out at Page 146 Page 148 l How could you put a house on it? It's a link triangle I all times of night and p"a alt the time 1 sue" 2 on the corner and— 2 that's allowed. 3 MR,ENGEL13RECHT: No,I'm not talking about 3 M9.ow ER: It's real close down there? 4 that little piece. I'm talking about that whole 4 MS.SMA: It's down a little ways, Whet 1 5 triangle that Riney Road goes around, S mean,Is I'm core-- I guess we're tuned for that. I 6 MS.SOSSA: The yellow? 6 don't know. It doesn't matter. 1 know that It bother 7 MR. ENOELBRECHT: From the Knights of 7 the older people, It doesn't bother me, I'm use to it. 8 Columbus tall. 8 MR ENOELBREM Any ether QU6010067 Yes, 9 MS. SOSSA: ON the whole triangle. 9 Ms.Oour&, 10 MR. ENOELSRFCHT: Yeah,the whole lriangk. 10 Ms.00uRnte, Id. I was curious you said I 1 is that soil of their perception? I I there was a road that would be going thtrougb your 12 MS.SOSSA: Their perception,yes,that 12 property or are you talking about 77 or arc you talking 11 we're in people's way. And we're eventually--that 13 about a ddraeot road? 14 with the bighway widening,everyone's going to Iose 30 14 Ms.sosu, No,the Neosho Sued 15 feet and now we've been told we're going to lose ten is Ms.ow otE: could you prase point that 16 additional feet for the utilities. And I don't know, l6 col to One? 17 People feel like Ito InMiable and have been looking 17 Ms.Son& Right hero. You know,Loop 288 r I8 for propery in and around Denton, l8 is here and right now adjacent to 7bxu Instr+mtents 4, 19 MR. SUCFK: Okay. wh.N are the e-oft of l9 there's a service road, The City of Denton.they have f ` 20 the lots? When you're saying they're taking 30 feet, 20 their water,sewase,and electricity going up this hill. 21 how much depth 14 left on those lotz7 21 And It runs into the Loop but there's no•-it's a dirt 22 MS SOSSA: 1 think that mine is the largest 22 road And they're going to put a paved road called 21 and it's a half an Kre. It's definitely the largest 27 Icioos6 Strad ooml�off of 77 and through right where 24 And my house Sets back a good way so at Least that it 24 the fittle white dot is,ping right through this lot 21 won't be right in my doorsep, But the older people " tich Is going to be next tome. So t'm solos to have a PLANNINO&ZONINO JULY 14, 1999 35. Page 145 • Pep 149 t t I 1 s� . . . Condonsbit' Page 149 Pogo 151 I road next to me now with can going all the way up to 1 would you be willing to make It all nwonryl 2 the new development,01ch right now has no entrance or 2 MR.wEG:a4m if 1 build it myself.1 3 exits. 3 don't know the cost there, But I wouldn't probably want 4 Ms.OOt1RDIE So actually be borxmes an 4 a metal building then. 3 island? S MR.ENGEuR rr: well,I know that but you 6 Ms.sam. Yes,right 6 could sell the property tomorrow. We're dealing with 7 Ms.oouRnte okay. Thank you 7 the land itself. S MR, ENGetAREM: Other quec..L-w for Ms. 8 MR mmEGBtAN: sure. 1 would make it a 9 Sossa t '[honk you very much. Is there anyone else 9 nice property Me the new--If it's a gas station 10 prew I who would like o speak in favor of this to t e're talking about something lire new Mobil's or one of 11 petition? Anyone else present to speak In favor of the I t those outfits. You know,it has to be professional. 12 petition? In that case,anyone present to speak in 11 MR EMELaRECHT: They do them In masonry if 13 opposition to the petition? Anyone present to speak in 13 that's*Sat's requested by the cities In a heartbeat. 14 opposition? We have no opposition. I did tell the 14 ?lay don't even have a problem IS petitioner he'd have an opportunity to come back and Is Ms Gwzm 'that could mars stucco. 16 talk with us given the list that we were going over. l6 MR.U;GELS Eaff. them's a lot of masonry. 17 MR sADEGRIAN: Thank you,air. I would 17 Yeah Masonry means duceo of a variety of masonry Is Like to sm a motion that coven--omit all the things 15 products. 19 that Mr.Pishel has except the following items. Strike 19 MR.SADEOEIAN. Sure. 20 those out except the ones that 1'd like to have In it to 20 MR ENGasamn. we're trying to do 21 be kept. One Is that,going back,the dormitory 21 something with our entrance ways that keeps orange metal 22 boarding or rooming house,I'd like to We that kept. A 22 buildings from-- 23 private nightclub--dance hall or private nlghtclub. 23 MIL SADEOHIAN: him,it will be--I'm not a ' 24 And the next one would be licensed private club. And 24 builder myself or c developer. If I had it,somebody 25 the next one is Just Ulow that,pawn shop,it it's a 25 else will build it for me. But It has to be--I'm sure Page 150 Page 132 1 presentable pawn shop and it's indoor things, And 1 1 the City would have to approve what we put io there. 2 believe that's it. And I would like to also ask that it 2 MR ENaF.LBRECNT: Not with regard to 3 says a maximum of 6,000 square foot,to Increase it to 3 exterior materials unless it's stated on the zoning, 4 8,000 square foot for the property, 4 MA SADEOHIAN: ISM. 5 M0. ENGLIARECHP Commissioners,questions $ MR E Nost.BREikCf: That's why 1 asked the 6 for the petitioner? Mr. Donaldson. 6 question. 7 MR. DONALDSON: Yes, There are a tot of 7 MR.SADeamm.. Well,I would say brick, e other factors that will help to control the size of any a masonry,any of thou things will be Crno with me. 9 structure such as right-of-way dedication perking 9 MR ENaELBuxm: All right. Thank you. 10 roquinments, end landscaping requhments. It's hard 10 MR.MORENO Lrranchiu requirements might be 1 I to pin down the actual lot dimensions and sim that 11 such that he can't--right, 12 we'll end up with right now, Our thinking on that 12 MR.L?h URItEM: All right. Heat's not a 13 condition was to try to bridge the gap between a I3 problem, Tbat's all-- 1 mean,the franchises require 14 straight Commer W zoning and the NeWNyhood Service 14 that But if you ask for masonry,they'll put it up. IS rope district,which has a 4,000 square foot muimum 1 s If you don't,they may uu metal and go right on along 16 sift, and then we tried to peg It as to what we kind of 1 s the way, Outer questions for the petitioner? If not, I7 thought would be actual developed space on there e if you 17 thank you, sir, 18 did it all in one story, 18 MR.SADEOHIAN: Thank you 19 MR. PNOELnRECHS: Yeah. What I wanted to-- 19 MA ENOELB timi ': in this eau,the public / \ 30 1 wanted to intede t 1 wanted to ask the petitioner, 20 hearing it eloeed. Commissioners,any comments? 21 this street Is golrvj to be redone considerably. 21 MIL.POWELU A question of staff. 22 Obviously,it%a tremendous amount of traffic which 22 MIL ENOELBREW: Mr.Powell. 23 makes it a very lucrative spot for you In town. And 23 b t..POwELL: ?hank you,sir, Looking at the N you're want Ins us to up It to 11,000 fat. this is a 24 map and dinklog about my memory of this trite,if that E? maJor entn way to the City. What I'm asking you is ad corm through there, and I don't mean it bees PLANNING&70NINO JULY 14, 1999 36. Page 149• Page 152 I 1, I I I ��� Cot3dei6o7tn" ', • . Ps;d 153 Page 155 I appsnrotly Ass 604 to!uppen,and they oat off t WLat did we do for the find thing. We required masonry 7 uaoQret 30 fat gong up North Elm Stmt,b them 2 or we required this and be condatent and make it a good j 3 going to be 9,000 aquae foot left on the wbole lot? 3 looking area And I think that's what we need to do. � 3 4 MA REM, it e's 1,23 stm yes. And,or 4 And you can put Residential in throe or Multi-Family � S aorta,a two-story building would be allowed,but if we S because h will have a cberacter. t 6 eUminete It to sit Of eight,of course,that wouldn't 6 MR EWM-bRECM . other comments? 1 would 7 happen. 7 ilea to follow on with that and nay that given the staff I MR POWELL• okay. Well,I just Wondered g report comment that they saw this sal it tramition 9 how much Is going to be kft there. Another comment, 9 betwaea Residential and the Regional Commercial,that it to not a question.but a comment that 1 have,Mr.CLatrmon, 10 would seven that they might have looked at the lid or 11 is It's pretty obvious to me from a practical point of I I potential uses a little more closely. And we have 11 view,there will sever be another residence built 11 frequently strippod and stricken several of these the 13 '�tween Rrxy and Rbwy on Flu Strad ever. 13 we wen looking at tonight In the pad. So I would kind 14 MA MELBRECHT: 1 know, •[Let's Why I've 14 or ask you to exercise cam there. Mr.Rishet,did you IS started asking that 13 have a ootmaw? I6 MA.POWEW In your lifetiate or mine or 16 Ma.Rum Could I••Mr.Salmon might be 17 your grandchild's. It's Just not going to happen. As 17 able to belp mo. What I'd like to do is put up I$ soon as I was built out them,Elm Street was going to Is Enclosure No.3,if you would because it's a little 19 90 cammercta whether We liked It or didn't Lka It 19 bigger n alp for me m I can nee a little easier. And I'd 20 It's going to happen. 71here's just not anything you an 20 Wte for him to•-I forget the name or the road die`s 21 do about it. From,you know••from where it turns 21 running north and south art of Riney. Could you just 22 directly north to northwest,i just don't we any 22 draw oo dtaa for me how that potentially might 23 aboiev. 23 Intersect 779 24 MA ENGELBAECHT: I would take eaoeptioo 24 M0.SAUM: Well,u the epphaot-•or I 25 with you that obviously we just••they're just going to 23 think the neighbor dated,this lotersection is t Bally a Page 154 Pane 156 1 build A subdivision along what's going to become 2499, 1 bad angle. And so wbea TxUOT rebuilds North Elm or 2 four lanes,six lanes divided So if we want to make it 2 Righway 77,1 believe the proposal Is to bring a rood in 3 Residential,we can by simply sticking to our guns. in 3 something on this order and this soction would go away. 4 that httk triangle,the quediae is cut you physically 4 MR RIBRE1 t Okay. So that cUrdnates a S make it work. 1 don't krtos And maybe It's S pretty good due place of that lot as I would sal iL 6 Muld-Family that goes in there of a little higher 6 And whd would our requirements be on being able to 7 density,to transition to the Sitrglc-Family and that 7 me ms 1 guess,Flm Street,Riney Street,and Nioosha 6 sort of thing a 4 the name? 9 MA. POwnu day. I guar my comment would 9 M0.SAUtON: Yeah,tight now it's nomad 10 have bom Single-family, 1 just can't lmvJne somebody 10 Mood* I'm going by memory hue,I can look at the•• i I buiUng nowadays,again,stow. In the pad,yes. But I I I'm trying to remember if Nloosha is a collector or is 12 now building a Single-Funity along siren,it's just not 12 an.arterial. 13 real. And that w+s just a ode you di tn't ask for. 13 Ma.DotL►LWW.- n minor arterial. 14 MA.ENIXUAEClrt: But as I s'aW thinking 14 MA gAtmoe: Mlnor arterial,okay. Because 13 orb nri the Knights of Columbus Hall which I'd forgotten 15 Monsho b going to be a minor Arterial as opposed to a 16 shwa beck there,that also••N oem Other 16 major arterial,which Is wiw Non*Fdm Strad is,our 17 comments? Ms.Gourdie, 17 Subdivision Orditwnce would require any drive approaches II MS OOURDE Ijust want to may hopefully II to be ots Nlooshs. A 19 if thl s stars a trend that we will be ooaslde A enough 19 M0.RuEu slut's shat l would see. Okay. 20 to do like we did down Illlian Miller where we kept the 20 HL K WUb Pm assuming thera would be a 21 WAndards the some so that little:square will have 21 b4 chunk of that missing on the Elm Street side,too 22 ebaracter and It won't become an obsolew corner, It 22 gather 30 feet or whatever we beard that would became 23 will become a corner ithill people Want to go to,Instead 23 Flan Strat7 24 of a mic*-ma h of things. So I think It's important for 24 Mu RA12 M. RIAL The other 30 rest they 23 this Commission and anybody else an the read to say, ere talldag above is additional right-of"for Elm PLANNING At ZONING JULY 14, 1 999 37/ PR11e 153 •PW 156 • t^oadeleseIet" Page 157 Page i59 I Seat. I rodeo grounds h out. This Is am that Salty brought v 7 MR.POwEL. Yes. Okay. 2 up. Auto painting and body repair,tire ftuesding at 3 MR.MOMO: Mr.Salmoo,assuming that Rincy 3 capp4 animal clinic,hospital or kennel with outside 4 Road section is closed off,who inherits that proiwty? 4 runs or pat,hatchery or poultry,eleanlrng and dyeing S N.R.sAt.MOm Sypically,on a road s plant eonmercK cleaning plant begs or carpets, 6 abandonment it goes half and half. It dpeods oo wbere 6 WxW equipment,Clothing manufacturing Of Eight 7 the deed line falls, 7 oommpot 4q at fabrication,laundry,plant cormmavlal, b MR.MORENOa okay. 8 swage trestmast plant,animal pound,public or private, 9 MR.RISHEU I'm concerned,like Chai'•man 9 sod flea market. And all those tut were alrady 10 Engelbrahl,that this is recognized as an entryway for 10 scratebcd out when it was presented to us Fourth I I our community and 1 don't know whether this is-- I I condition is that the building be masory exterior. End 11 without some sort of masonry and maybe visual restmtnts 12 or wntena. 13 on this that we're moving in the right direction on 13 MR.ENaEt.BUOIT: Ttuat's In the motion. 14 where we're trying to be with our community, So I'm 14 M&GWzU- That's Ina motion. IS very guarded on how this piece of property Is going to is MR.POwELL wood, 16 be developed and what we're going to allow to occur 16 MR.MELBRECHT: okay. It's been moved and 17 there. I seconded to nrammend approval with conditions as I B MR ENCTLBUCM: Other coMMU? Okay, 18 Whoed. Are there any questions with regard to those 19 Were you make a motion,I Jurt wanted to say 1 have no 19 conditions? Dos everyone have them? 30 problem with the 9,000 square fact on the condition that 20 MIL RtHEL question on the motion,pkax. 21 we did have some masonry on there given this is an 21 What woe the sine,the square footage limitation? 22 entryway, I don't think there's a problem with that, 22 mi ctAmL Maximum 8,000 square rant, 13 You've got to have the parking and you can facilitate it 23 MR.RISHEL i didn't know If I'd heard 14 and yai ve out Nicosho and you're going to have a 14 that, ]lank you. 25 tow-done road. So I think we have an understanding of 25 MS.oANuit: square footage or 9,000 and Page 158 Par, 160 i the list of uses we want to strike, Okay. Ms. Oourdk, I maxlmum height of two-story- 2 did you have a question before we go with the motion? 2 ML E2iaELBREW: Okay. Any other qursWom 3 MS.OOURDIE: Just real quick, Wayne,the 3 with regard to the motion? 4 1.237 acres, is that including or excluding the new 4 MR.REm. shave a question, Did you s road? s Include the masony request? 6 MR.REPM That would be including. The 6 Ms.OANzEL YA I did. 7 1.237 acres includes the entire tract now. The 7 MR REED: Ttank you. R right-of-way which will be taken through condemnation 8 MR.ENoELBREm: i%t was Condition 4. 9 will subtract a good portion out of that 1.237 acres. 9 Met,Rur> And if i could also have 11 10 MS.CIOURDtE: So we're probably going to end t0 clarified the way the Condition No.2 which refers to 11 up with maybe one acre. 11 square footage is worded,it sotmds a if it says any I2 MS.GAWrK: I'll trove to reoommend approval 12 Ortwture is limited to 8,000. Arc you wanting to allow 13 of 99.042 with the following conditions! that lighting 13 any Anx ure Of Is that tow sTuare footage? 14 on the property shall be designed and roaintsined so as 14 Ms.OANzE& well,yes said—roe. All I'm 19 not to shine ott or otherwise disturb surrounding is changing is what you—I'm changing that 6,000 to 16 residential proper+y of to shine and project upward W is 9,000. It read!exactly the same way.changing that 17 prevent the diffusion into the night sky;square footage 17 6,000 to 1,000. 'Ilea I'm adding with a maximum belglu r I9 shall be limited to 8,000,maximum height of two-story 18 of two-storia, 19 •• 19 ML W.M Okay. ! - 20 MS.SADEOHIAN: I would like to have the 20 Ms,oOURDIE, And there is no way be Could 21 following stated; I was going to CWOCI,lake out other 21 put two buildings on there thought,right? Fie Cotddn't 12 things that Mr. Rishel Indicated except they're four 22 put with ell the -he could put two to-- 31 here. I want to have dance hall,dormitory,and 23 MR.raOIDSON: Two email oaa. W'a're 14 licensed private club and a pawn strop. 24 talking"8,000 square fat of floor area [is Ms.OANzE.R: That's what I was going by. So MR.Ml>. I was Just pointing out the way PLANNING &ZONINO JVLY 14, 1999 38 . Page 157•Page 160 r' Condeoeoitr" Pope 161 Page 163 1 it's worded it looks tike it's any stricture is limited I hose things and be chose not to. It's my understanding 2 to 8,000. 2 the unless be is in apoement with the things that we 3 MR DO?WDsON. SAO whet? Square feet a, 3 su&Wst,-n not go there as far u excluding that. 4 (loot area. 4 MR.ENOETBRE LHf: tegelly,you don't have S Ms.GurtEA sec%I'm just Ong by what S to. 6 was already in bat. 6 MA SUm You can do that The ones I had 7 MR.DONALasOK Right We need to add that 7 talked about were alcoholic beverw r,and the"a the a MR REM.. Oa-silt total, 8,000 square fat 8 lathe we lanced about that one day that I was very 9 of floor arcs. 9 concerned that we trod to get the agroeta-mt of the 10 Ms.CANTER: Yeah,that's no problem. to individual on alcoholic beverage, Pawn shop,l think I l MR.POWEtb I'll go along with IL I I that's an open door. 1 think you can•- 12 MR,ENGEIBRECHf: Okay. SO the motion then 12 Ms.APPLE: Well, it Was my hndasta ATIS 13 with regard to Condition 2 would wy 8,000 square fed a that we couldn't pick and chose use unless it wu 14 of floor area,limited to two stories. Okay. Any other 14 speed upon by the applicant. 15 questions with regard to this motion? Any discussion? Is MR.6UCEx: well,you we In this ease,you 16 Ms.Applc i6 understand he's asking for Commercial. You owld zone 17 Ms.APPLE: 2'd Just like to say Cm 17 it Retail. Retail Is mere restrictive. You could ro IS uncomfortable with this because I'm trying to visuahtm i6 heck with this,you could tone it Retail, 19 this down the road with a esidwtial development behind 19 Ms APPtz: I think that would probably be a M IL And I'm optimistic that wnWq the defunct Texas 20 better use. In my opinion.that would be the choice 21 Instruments will be a going corrxrn and,you know,some 21 that I would go with. 22 nice computer Industry or something••and I'm trying to 22 MR.IIUCM- so you have it lot of flexibility 23 envision a nice corporation,pawn shop,houses or nice 23 bat, 24 Corporation,dance hsl!.hour,;s and I'm very 24 MR REED: And isn't It correct.Mr.Bxek, 23 uncomfortable with Including those uses. So I'll 25 that they could vote on this motion and then someone ! Page 162 Page 164 1 probably be voting against this motiat. t else could make a socood motion which would omit those 2 MR.LNGELBRECM: Other commiml67 Mr. 2 four uses. And In that second motion,they could .. 3 Rishet. 3 everything else being similar,they could vote on flat 4 MR.RISHEL I appececiate your COmmenU,Ms. 4 one,u well? S Apple,and I think in the spirit of compromis:trying to S MR,sum. to other words,if you can't 6 work with neighborhoods was my original intent to try to 6 have a friendly amendment,I think you coda;move's 7 improve our visual In our community In a r*or entryway 1 amend and eliminate pawn shop or wbewver you want. And 8 and still work with the neighbors. And those were fear i if it got a majority vow,you'd then have a vote on the 9 things that I think that don't work with neighbor well 9 amended notion. 10 in nut comnwnity,to I appreciate your conumts, 10 MR.t47c•EtBRECn Okay. Any other•• I I MR.LNGELBRECHT: Ms. Gourdie. I I MA MORWO, tet me try Something, 12 Ms.GOURDIE+ I just want to say It wam't 12 MR.ENOELBRECNT: Okay. Mr. MMOO,pleases 13 too long ago that we just approved Unicorn lake,which 13 MR.stows i would like to offer an 14 we put Ught Industrial up against sP4e homes without 14 wnmdment to the motion to strike also the following 15 any questions,concerns,or comments about that So 1 IS user dance hall or nightclub,licensed private club. 16 just want to say that we arc doing It hat in Denton. 1 16 and pawn shop. 17 don't think it's the right thing to do everywhere,but 1 17 MS.OAN2ERr 1 would accept that ameodmeat r 18 just want to say we have set pmsdent before. is MR.Mtmtsltwff: 'the second Is agreeing to 19 MR.ENOEIBRB n oM Comments? Them is 19 that. Any other disaadoo7 Any questions? /f 20 the offer for a friendly amendment I don't know U 20 Ms.APPIB: I Was just going to say thank 21 that's coming. Okay. If there's no other-• Ms.Apple, 21 you for the amwdrnmt That mattes me feel more 22 did you want to•- 22 cmdotable. 23 M3.APflE WC11,1 was just gohry to clay,I 23 ML MOM* Do WV Vote an the arneodmeot 24 think we toss our oppartwlty for the friendly arcebdment 24 fort? 21 by offaing the pestle msm the opportunity to exclude MR.ENOELBWWF f: No,it sou a friendly PLANNING &ZONING JULY 14, 1 999 39' Page 161 •Page 164 i CondcnWlt" _ Pige 165 Page 167 1 amendment accepted by••agreed to Ali In favor of the i within 500 feet As of this time f have not received 2 motion raise your right band. Opposed same sign. 2 any nedoea and,again.I was on vacation, And so to 3 MA RISImu Opposed. 3 the beat of my knowledge,we have not received any 4 MR.ENMBRE Hr: Motion Wrld six to one. 4 nodoft 5 Item IS.hold a public hearing and S Mx.DoNAtDsom we haven't received my I. 6 consider making a recommendation to City Council 6 notices. 7 concerning raonilng of 3,08 acres from Agricultural to 7 MA xEm. the applicant was not able to 8 Comroerciat. 7be property Is located on the southeast 8 attend toolght. TWO the repregentative for the 9 corner of Pockruq Page Road and 1.3 S. 7bo proposal is 9 prospective owner. 7be current owner,Alice Poclaus,Is 10 for commercial development At this time,I'll open the to here but I would like to at least communicate what Mr. l l public hearing. Mr,Recd is going to provide us with i t Chris McComb stated to me In ow conversation earner u the staff report. 17 this week when i stated to him-- I faxed him the staff 13 Mel REED. Thank you,Comm!asioner. And 13 report and we discussed the recommendation. He wantod 14 this last use of mine here tonight is a piece or 14 to clarify that the Intent of the prospective owner and $5 property that is along 1.35 and Is adjacent or 15 developer of this site Is a manufactured home reseller 14 inunedatey across the stmt of Pockrtn Page Read from 16 --excuse me,not a rexller but seller. He dam'bod 17 a previous zoning case which you considered just last 17 it as a higher-end manufactured borne seller. What they 19 month for an identical request. The property In I I do is they put permanent models on the site. 19 question is located here on what would be the southeast 19 He said,specifically,they'd have like ten 20 coma of Pocknls Page Road and 1.3511 The previous 20 different models on this site. People would come and 71 cage which 1 referrod to,just for reference,is located 21 loci at these models and if they liked that particular 22 immediately across and Is colored blue on this nap. It 13 one,they would not have that model on-ate and move it 21 was Case No.Z•99-033. The subject property is 23 lace you have with other manufactured home site$that 24 currently coned Ag. Wlwn it was annexed into the City. 24 sell them Instead,that particular model would be 25 it was given that designation. 25 shipped to their pine of property from a antral Page 166 Page 168 1 looking at it now in comparison with our 1 location that they make these manufactured homes. Jost 2 comprehensive plans,from the 188 DDP we rind it to be t cor. aniating what be explained the potential use to be, 3 inconsistent because it's in a low-intensity area. And 3 He also stated that he found that the 4 so in that regard it's mostly inconsistent with both 4 projected trip Intensity would be--that's in the staff s trip intensities and politics. However,with the Ormvth S report on page 3 Is much higher than what their use 6 Management Plan and Strategies we rind it to be 6 would be. And 1 explained to him that what we do in our 7 consistent. Moreover,the draft Land Use PIan,which 7 staff report is simply demonstrate what a eofunercial use 8 Commissioner Engeibraht referred to earlier,the draft 8 can do. Ile understands the difteraw . Again,I'm 9 Land Use Plan idc .tifics this area as the regional 9 communicating to you what he stated to me. 10 activity center and,thus, this type of use Is 10 As far as our recommendation,he wanted to I I encouraged in this area Proposed zoning wood be 31 clarity that•-and 1 treed to clarify that Enclosure 9, 12 consistent with that draft Land Use Plan. 12 which Is also page 27,that 1 included by accident the 13 Particularly in staffs analysis we find 13 arcs designated as A.which refers to setbacks for 14 that this particular piece of property is,in addition 14 buildings and structurm Of course,this Off report I S to being just down the road from the rknton Regional 15 is very"Im to Z-99-033, 1 Includrd In teat report 16 Medical Center,it has access to 1.358 which Is it 16 the prohibited uses. I forgot to omit this by whiting 17 freeway and then Pockrus Page Road wHch is Identirud 17 it out So 1 don't mean slat staff was meocbumoding a r r I I as a collector stmt So it has access to some rather 18 40-foot setback no this particular site. But the 4, 19 high•trafricked roads. It is also on the weal side of a 19 prohibited used Is what I included that enclosure fa. 20 railroad track which Is also known as our Rails to 20 He also wanted to clarify,as Ace did with 21 Trails Corridor. So it is buffered from land that is to 21 Z-99-033,that he is at I"wanting to ensure that 8b 22 the east,which on the land Use Plan,is identified for 22 on Erlciom 9 does net prohibit the Sale of 23 snore or lower Intensity uses. 23 manuhctumd bomea 7bose were his two toners. Aal 24 The notices mailed out were sent to five 24 he also stated that sbri he ceuld not be hen tonight 23 property owners within 200 fat and to four residents ss dim to his wife expecting to deliver a baby in the out PLANNINO tit: 'LONINO JULY 14, 1999 40- Page 165• Page 169 i ATTACHOENT 3 NOTICE OF PUBLIC HEARING Z-99-042 t The Planning and Zoning Commission of the City of Denton will hold a public hoaring on Wednesday, July 14, 1899, to consider reconvnending approval to City Council the rezoning of 11.237 acres, commonly known as 3640 N. Elm Street, from an Agricultural (A) zoning district to a Commercial (C) , zoning district. It is located on the southeast comer of N. Locust Road (Hwy 77)and Riney Road (sect map on backside). The proposal is to allow for commerdsl development. The public hearing will start at 5:30 p.m. in the City Council Chambers of City Hap located at 215 E. McKinney Street, Denton, Texas. Because you own properly wfthin two hundred (200) feet of the subject property, the Planning and Zoning Commission would like 10 beer how you feet about this z r 7 changry request and lnvltes you to attend the public hearing. Please, In order for your opinion to tr t-�.on Into account,return this forth with your comments prior to the date of the public hearing. (Ibis in no way prohibits you from affending apxf pertklpaling 61 the public hearing,) You may fax h to the number Wcated at the bottom, mail it to the 'dress below,or drop Koff In-person: Planning and Development Department 221 N.Elm ST Denton,Texas 78201 Attn: Wayne Reed, Planner II The zoning process includes two public hearings designed to provide opportunities for citizen Involvement and Comment Prior to the public hearings, landowners within two hundred (200) feel of the subject properly are notified of the zoning request by way of this notice. The flies pudic hearing is held before the Planning and Zoning Commission. The Commission Is Informed of the percent of responses In support and In opposlUon, Second,the zoning petition Is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend dental, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20)percent of the land area within two hundred(200)feet of the site submit written oppoaWon, then six out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of landowner oppos(don, — Please cirele one: LInfavor of request Neutral to request 0lposed �request Comments: �f'J/j�rf-d oz I _l1 �(�5 � /1,1 todl tu OlQ Signature: � _ _ Printed Name: M _ Mailing Address: 10, sz!5 _ _ City, state Zip: _ fie tr n, -D( 7�aO7 - �1: A Telephone Number. q ( ! Physical Address of Property wtthtn 200 feet E/h CITY OF DENTON, TEXAS Cmr iw.i WEST DENTON,Tars 16201 940.349.6950 • le1 e40.340.77oi z 00 042 L spjd Novice doe 41. c, NOTICE OF PUBLIC HEARING Z-99.042 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, July 14, 1099, to conaider recommending approval to City Council the rezoning of 1.237 acres, commonly known as 3840 N. Elm Street, from an Agricultural (A)) zoning district to a Commercial (C) zoning district. It is located on the southoaet corner of N. Locust Rood (Hwy 77)and Riney Road (see map on backside). The proposal Is 10 allow for commercial development. The public hearin3 will start at 6:30 p.:n. In the City Council Chambers of City Hall located at 216 E. Md'.lnney 61 eet, Denton, Texas. SWIM you own property within two hundred (200) feet of the subJect property, the Planning and Zoning Commission would like to hear how you feet about this zoning change request and Invites you to attend the public hearing. Please, In order for your opinion to be taken Into account,return this form with your comments prior to the dale of the public hearin (this In no way prohibits you from stfendrig end parNclpating In the pub NO h number located Et the bottom,mail it to the address below,or drop It off I I Ifr D Planning and Development Deparlmont U 221 N.Elm ST I JUL 14 1499 Denton,Texas 70201 Attn: Wayne Rood, Planner II PLANNING 6 DEVELOPMENT The zoning process includes two publIo hearings designed to un es or citizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing Is held before the Planning and Zoning Cormiisslon, The Commission Is Informed of the percent of responses In support and In opposition. Second,the zor:ing petition Is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20)percent of the land area within two hundred(200)fast of the site submit written opposition, then six out of seven voles of the City Council are required to approve the zoning change, These forms an used to colculato the porconfog*of landowner oppoolBon. . . Please circle one,, In favor of request Neutral to request Opposed to request Comments: Alorinvestments, Ltd. Signature: Printed Nana; Philip - r d =01=J Mailing Address: 1204 W. University Dr. 0400 City, State Zip: Denton, TX 76201 TelephoneNumben 910-387-6711 Phy�lmlIdiyjofPrppNWTtn200fee1: Land directly acroe NT ack CITY OF DENTON, TEX4 S cm HALL WEST - DEWON.TEXAS 76201 a 940,349.6360 4 (F)940.3491707 2-D9 041 U941 NO&A doe 42 i t: i ' I c� i i I I i i I ATTACHMENT ! 4 NORTH Z-99.042 (3840 N, ELM STREET) i TCXAG ItOrnUME ureNTa PACIL" SITE NNEY_M AAR L PUtlN �, o r • ■ ti ♦� 4 , A pw of J 5 FLOODPLAIN MAP -., A�' t (JF� Agenda Date: August 17, 1999 Scale: None 43 . I; I i t. 1 CKICLNOL I0 HAILEDDEPTLOL Dur Documents'*di"iAcn1N-"-042 dw 3 ATTACHMENT S ORDINANCE NO. I AN ORDINANCE OF THE CITY OF DENTON,TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL(A)ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMERCIAL CONDITIONED (C(C)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.237 ACRES OF LAND LOCATED AT 3840 N. ELM STREET ON THr SOUTHEAST CORNER OF N. LOCUST ROAD(HWY 77)AND RINEY ROAD;PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDNO FOR AN EFFECTIVE DATE.(Z-99-042) WHEREAS,Khosrow and Amy Sadeghlan, the owners of the subject property,have applied for a change In zoning for 1,237 acres of land from Agricultural (A)zoning district classification and use designation to Commercial Conditioned[C(c)]zoning district classification and use designation; and WHEREAS,on July 14, 1999,the Planning and Zoning Commission recommended approval of the requested change in zom.ig with conditions; and WHEREAS,the City Council finds that the change In zoning will be in compliance with the 1988 Denton Development Plan,the 1999 Denton Plan Policies,and the IW9 Growth Management Strategies and Plan; NOW,THEREFORE, a THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation of the 1.237 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Agricultural (A) zoning district classification and use designation to Commercial Conditioned [C(c)] zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton,Texas,subject to the following conditions; A. That the permitted land uses include those described in the list attached hlreto and Incorporated herein by reference as Exhibit B. B. Lighting on the property shall be designed and maintained to as not to shine on or otherwise disturb,surrounding residential property or to shine and project upward to prevent the diffusion Into the night sky, C. The total floor area shall be limited to no more than 8.000 square feet. D. The maximum height shall be two stories. E. That exterior materials used for any buiiding'elevntion(wall)shall be masonry, r'' A excluding doors and windows. r l l,- ` r I� SECTION 2. That the City s official zoning map Is amended to show the change in tarring district classification, fl 0 u F:1SHl�RFPDEPT�LOL10wDocurtwnu50rdin�gee�1D9�1.Oq-01],da . SECTION 3. That any pigeon violving any provision of this ordinance shall, upon conviction,be fined a sum not exceeding $2,000.00. Each day that a provision rt•bis ordinance is vlo'.ated she])constitute a separate and distinct offense. SMI,QN.4. That this ordinance shall become effective fourteen(14)days from the date of its passage,and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle,a daily newspaper published in the City of Denton, Texas,within ten(10)days of the date of its pusage. PASSED AND APPROVED this the day of .1999. JACK MILLER,MAYOR ATTEST, JENNIFER WALTERS,CITY SECRETARY BY: " APPROVED AS TO LEGAL FORM; 1 HERBERT L. PROUTY,CITY ATTORNEY i BY: i ` I i I G 1" 45. Pap 2 c a i 14 I LEGAL DESCRIPTION EXHIBIT "A" 8-99-012 i All that certain tract or parcel of Lnd slluated In the 11, II. Mcltlnholawr Surrey, Abst. 610, Denton Countyp. Taus, being art of a tract dostribed In a dead from Mary Olive Malon to A, D. Rich on June 29, 1955 end recorded In Vol, lit, gape 231 Deed Records of 3415 County, a.,d being o,ore Particularly destribod as follows BEGINNING at the Nest corner of said tract on the Mnrtt, line of fold Surrey, in a u61ic roodl THENCE S, 01' 21' E. with said Survey 'Jina In sold road 411.49 fait to a steel VIN ICE S. 46• $2' 30" f, along and near a fence 85.20 feet to a fm,ce corned THENCE S, 914 42' N. with sold fence 200,2 feet to a fonts corner on the Northerly III RCfoN.w56 024'I.W Highway 31 along and near a faace 424•bl teat I to the Plue of Aepinnings containing In all 1,23) acres of lend, MARE OR LESS. , i 4 I � 46, EXHIBIT B "C" COMMERCIAL DISTRICT PERMITTED USES gg (Z•0-042) One Family Dwelling Restricted Community Unit Development _ Dormit ,Boardin or Rooming House Hotel or otel Gallery or cey n Cemete or Meuwrsum Church or Reel" College o(Unlversity or Private School Community Center Public Day Cam Day Nuroofy or Kindergarten School Group Homes Hal" House Home for Care of Alcoholic. Narcotic or Psych atric Patients Hospital Ganeral Acute Care) Hospital Chronic Care Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent Nursin Home or Residence Home for Aged Occasional ales Park,Playground or Public Community Center School Private Primary or Secondary School,Public or Denominational School,Business or Trade Accessory Building Community Cantor Private Electrical Substation Electrical Transmission Line Temporary Field or Construction Office(Subject to Approval and Control by Building Inspector) Fire Station or Similar Publk Safety Building Gas Transmission Line and Metering Station I Ionia Occupation ON Street Parking Incidental to Main Use Off Street Remote Parking Public Building,Shop, Yard of Local, State or Federal Govt. Radio andlor Television Microwave Tower Sewage Pumping Station r Private Swimming Pool Tole hone,Business Office Telephone Line and Exchange Switching or Relay Station Water Reservoir,Water Puniping Station or Well Water Treatment Plant Permitted Uses, Pago 1 of 3 47. I r I "C" COMMERCIAL DISTRICT PERMITTED USES (2.99-042) 1 k Amusement, Commerclal(Outdoes) Amusement, Commercial Indoor) _ Court Club (Private)with Golf Course Fairground or Exhibition Area Public Golf Course Commercial Golf Course Public Park or Playground Public Play Field or Stadium Roller es Ice Skating Rink Swim or Tennis Club Aulo Laundry Aulo Selo$ and Repair in Building) Gasoline I t Gesso a Sery ce Station on New Auto Parts Sales Stores New or Used Car Sales Lot In Open) Seat Cover and Muffler Installation Shop Used Aulo Parts Sales In Buildin Antigua Shop Bakery or Confectionery Shop(Relaiq Cafeteria Cleaning and PressJng Small Shop and Pickup Cuslom Personal Service Shop Drapery,Needlework or Weav Ing Shop Florist or Garden Shop Greenhouse or Planl Nurse Retail Handicraft Shop Household liance Service end Re air Laundry or Cieanin Self ervo Mimeograph, Stationary or Letter Shop Mortuary or Funeral Parlor Offices, Professional and Administrative Off Premise Sale of Beer and/or Wine On Prem+se Sale of Boar and/or Wine Restaurant Retail Stores and Shops•4,000$ uare feet or less Retail Stores and Shops•Over 4,000 s uare feel Studio for Photographer,Musician.Artist or Health Secondhand Store, Used Furniture or Rummage Sale Tool or Trailer Rental r, Animal Clinic or Hospital(no outs!de runs or pens) Farm or Ranch Greenhouse or Plant Nursery Permitied Uses, Pape 2 of 3 481 u t� I 1 "C" COMMERCIAL DISTRICT PERMITTED USES IZ-H-043) Bakery close* Building alertal Sales Cabinet and Ll olste En 1ne end olor a alrl E ob Prin n or em er rintln Milk De 1 a , or Ce ream Plant Paint h Plumbing Solentltk or Research Laboratories s ,2gLep or Sales Warehouse lWholesals Offk.%e and Sample Room PERMITTED USES WITH AN APPRO11 D Sp .IFt"AIrw PER�� r Fraternity or Sororlty I ElwVic Generatinc Plant Private Lmi ity shop or lore eYard r ref Permitted Uses,Page S of J 44, r AGENDA INFORMATION SHEET , O. AP*Min a' 000 AGENDA DATE- August 17, 1999 DEPARTbIENTi Planning Department ACdt: David Hill, 349.8314 SUBJECT— Z-99-049: (Nouse Smart Addiiron) Ileid a public hearing and consider rezoning 3.086 acres from an Agricultural (A)zoning district to a conditioned Commercial (Cic]) zoning district. The property is located on the southeast comer of Pockrus Page Road and 1-35 East frontage road. Commercial development is proposed. The Planning and Zoning Commission recommended approval (6-1) with conditions. (2.99.049, 1.35 East at Pockrus Page Road) BACKGROUND A single-family residence is currently located on the subject property. it is near existing retail development and light industry to the north, such as a Tex ico convenience store, a small auto dealership and the Andrew Corporation,and future commercial development to the south on S I. 35 E(see Attachment I -- Enclosure 1). The future Denton Regional Medical Hospital is located to the north along the frontage road. This property backs up to the rails-to-trails corridor to the cast. A large undeveloped parcel of land is located immediately to the north, it is zoned Agricultural (A). Across the freeway is the James Wood Autoplex. Most of the property on the south side of the interstate has nonresidential zoning(see Attachment t -- Enclosure 2). D The subject prof was annexed and zoned Agricultural (A)in 1985. The proposed development is inconsistent with many of the policies of the 1988 Denton Development Plan (DDP) as applicable, but consistent with the 1998 Denton Plan (DP) Policies and the 1999 Growth Management Strategies and Plan (see Attachment I — Comprehensive Plan Analysis section). In addition, the draft Land Use Plan identifies this area as a "Regional Activity Centcr"that should allow the most intense commercial activity in the city. The proposed zoning is consistent with the draft Land Use Plan. r Four (4) property owners were notified of the request by certified mail on July 4, 1999 (see Attachment 1 - Enclosure 4). Five (5) courtesy notices were mailed. Signs were placed on the subject property on July 2, 1999. As of this writing staff has received one response in j favor of the request; it is from the property owner of the subject site. Due to the location of JI the properly and the limited(3)adjacent properties, a neighborhood meeting was not held. At r 1. t PRIOR ACTION/REVIEW e, The following Is a chronology of Z•99-049,commonly known as House Smart Addition: Application Date- June 2, 1999 PAZ Date- July 14, IM City Council Dale- August 17, 1999 ESTIMATED PROJECT SCHEDULE The subject property is not platted. Future development would trigger platting of this property. The property would have to conform to current subdivision and Iandscaping regulations as well as other applicable regulations, FISCAL INFORMATION Development of this property will Increase the assessed value of the city, county, and school district. Public infrastructure necessary to service this site is the responsibility of the developer. RECOMMENDATION The Planning and Zoning Commission recommends approval (6.1, Salty Rishel opposed)of this zoning request with the following conditions, That the permitted land uses exclude those described in the list attached to the draft ordinance(see Attachment 3 • Exhibit 8). 2. Lighting on the property shall be designed and maintained so as not to shine on or (I otherwise disturb, surrounding residential property or to shine and project upward to , prevent the diffusion into the night sky, 3. All loading dock and dumpster areas shall be screened from view of 1.33 E by salid, opaque,screens(fences, walls,or vegetation),reaching a height of at least six(6)feet above grade. 4. That any metal exterior material shall not be allowed on any building elevation(wall) visible from 1.35 E. S. All structures must be permanently affixed(attached) to the ground by a foundation. OP'T'IONS L Approve as submitted, r� 2. Approve with conditions. 'A 3. Deny. 4. Postpone consideration. S. Table item. 2. S c u ATTACHMENTS 1. Planning and Zoning Commission Report,July 14, 1999,99-049. 2. Planning and Zoning Commission minutes from July 14, 099, 3. Draft Ordinance. Reap clfull submitted; Mark Donaldson Assistant Director of Planning and Development Prepared by; sync ecd Plannc ll i ATTACHMENT I .g 3l'L REPORT PLANNING AND ZONING COMMISSI KF.PUKT STAFF I • . • . . it •.. Z-99-049 1 Wayne Reed, Planner 11 Agenda Date: . . . �l _ .t ... . rP'r.r •%��p 7i'i"'.^-. •'��'y' t^r"t"C.-r�•r;,.1?"�?.A'_d"'S' -�,., .,„„.��,, j • ,24y�1 �" ' ° .�1 ♦ ' � .:.r i.: • �.l'�. �I ^ rt !lu •s..d :}� � .{!'c�9',� • • • • •_ • consider • • • • • Council concerning rezoning • 1::•: from an • - zoning district Intent Is to allow commercial development. SITE I i �•• rl i, `'- �. r •J■,Eyl1`'i,�ItJ r•+/1��f J�I ' �l. ,``� ' - • /' �7��-ice ����i��':i I • 'i-- •'_� Ir'v ' �' i i LOCATION On • , • : • •a. : . : . 1 ' : acres r i V i I f t • Pi F ris McComb Own6r: Alice. Pockrus 0. Box 16056 Nl it Hinkle Drive ustin, TX 78160 Denton, TX 76201 .. tWY ��.�ILVI���L9[L1i..Y�Ii�,. �Y�91�3s{ ,�nR'RY'✓TMt'..5 Vu?'i`�°.6� r. The property Is currently yusled 6 residentiai purposes. ►tis near existing retail development and light 3 Industry to the no h such ds a Texaco convenience store, H small auto dealership and the Andrew Corporation, erid t �� commercial development to the south on S 1-35 E (see Enclosure 1). The t future tl pntori F✓iegk h "Medical Hospital Is located to the north along th frontage road. This property backs u to hti a ls• o• rails corridor to the east. A large undeveloped parcel of land Is located Immediately to Ilho Flo is zoned Agricultural (A), but Is currently In the rezoning process (Z•99.033). Across the fr:eway is the James Wood Autoplex. Most of the property on the south aide of the Interstate has nonresidential zoning(see Enclosure 2). Yw a�ti1 _ 198$ Kenton O@ve14601 t Plan Analysis The 1986 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are Intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small commercial/retail centers spaced at about K mile Intervals with dir•:ct excess tv a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas Is restricted to 60 trips per day per acre In order to balance land use with road capacity. Staff finds the proposed zoning to be Inconsistent with the policies and trip Intensity standards of the 1988 DDP (see Enclosure 6). The 1996 Denton Plan (DP) policies and the 1999 Growth Management Strategies and Plan are to be used In conjunction with the 1968 Denton Development Plan in evaluating the consistency of \ proposed development with the long range vision for the city. The Growth Management Plan shows 1 thls property to be on the border of a Commercial Area. These areas are Intended to accommodate business at key nodes throughout the City. The plan recommends that commercial uses not be located continuously along corridors In a "SInlp" manner. Staff finds the proposed zoning to be consistent with the adopted Growth Manageinent Plan and Strategies as well as the 1999 DP Policies (see Enclosure 7). f The draft Land Use Plan identifies this area as nea"a"Regl,nnal Activity Center'that should allow the most Intense commercial activity In the city. The proposed zoning Is consistent with the draft Land pit Use Plan. �, r ( 9r� i 1 2 97 D49 P&Z Sre9 P.PW dDe 5. t, i Fl. Transportation eration Typical commercial or retail dw a,&-ament generates sixty (60) trips per 1,000 square feet of building area. A typical level of development for commercial uses would be 10,834 square feet per acre. (An acre of land contains 43,560 square feel.) On a 3.086 acre site,that translates into roughly 33,433 square feet of building area. If the site was to develop in this manner, the land use(s)could generate a potential 2,006 trips per day. The sita could be developed with permitted commercial land uses at some point in the future that could generate this level of traffic volume, if it Is rezoned to a Commercial (C)zoning district. The 1988 Denton Development Plan (DDP)identifies this side of Mayhill Road as being In a Low Intensity Area, directly across from a Major Activity Center. As such,development Is limited to 60 trips per acre per day, Comparing the applicant's zoning request to the DDP trip Intensity standard, tho potential trip intensity exceeds the allowable trip Intensity by 1,821 trips or 1,084%. The 190 Growth Management Plan (GMP) Identifies this property near a Commercial Area. At this time, there are no trip standards formulated for any GMP land use area. Without clear standards to evaluMe the proposal,it can only be Bald that a request for a Commercial (C)zoning district for this property appears to be consistent with the Intended land use for this area. Table 1, Proposed Land Use Trip Generation Land Use Average Trip Maximum Bulldout q1i i Generation Per Commercial 60 trips/1,000 sq. ft. 33,433 square feet/acre W1 NO 0"A A • AI „DDP Allowed Trip Generation 60 trips/acre Low Intensity Area Difference 1,084% above allowed trips wrwuta4! I 'calculations provided by lhs Iroti:':er �rnpoAaUon£npinwn,190 . B. Access The site would be allowed direct accev onto Pockrus Page Road and possibly South 1-35 East \ frontage road. j C. Road Capacity Pockrus Page Road Is hlentlfied as a collector street by the 1898 Denton MoblOy Plan (see Enclosure 5), It Is currently constructed with two(2)lanes without parking. As such, its designed traffic capacity allows for a tolerable traffic flow of up to 9,100 trips per day. This street Is designed to be a four (4)lane undivided street without parking, providing four(4)lanes of through traffic, As such, its designed traffic capacity allows for a tolerable traffic flow of up to 14,900 trips per day. There are no traffic counts for Pockrus Page Road. i 1.33 East frontage road Is designed to terry approximately 5,000Irlps per day. There are no traffic counts for this portion of the 1.35 East frontage road. There appears to be adequate capacity to handle the calculated trips that could be generated by future development. 2 99049 V&2 Start Report.doC 6. t r D. Pedestrian Linkages Sidewalks along all public streets are required. 2. Utilities This site has access to existing water and sanitary sewer lines(see Enclosure 4): 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary plat. The study f must include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. The developer must Indicate the method by which the run- off will be carried across the property or stored on the property. 4. Signs As per the sign ordinance. 5. Off-Street Parking New development must provide parking according to the regulations of Section 35-301 of the Code of Ordinances. 6. Landscaping This property will have to comply with the new Landscape Code, which requires fifteen (15)trees per acre and twenty (20) percent of all surfaces to remain pervious (pianlabie area). 7. Lighting Lighting on the property should be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion Into the night sky. P�tC1pE�t1'Y,NSY�S}tY �'�: ,���� �h ,�;�•'F ��. , + ��$�.�.�i ,,;��, � ,R ,, : r'�' '?"t 19115 - S,,','Lcl property was annexed and zoned Agricultural (A)zoning dI*Ict(see Enclosure 2). The subject property is not platted. It would have to be platted before any development could occur. i �P �.0 NP-30114mij, r' I Notice of the zoning request was published in the Denton Record-Chronicle on July 4, 1999. Four(4) , property owners were notified of the request by certified mail on July 2, 1999. Five (5) courtesy notices were mailed, Informational aignage was placed on the subject properly on July 2, 1999. As �'- of this writing, there has been no response from property owners to the proposed rezoning. Due tc the location of the property, the limited adjacent properties and the lack of responce, a neighborhood meeting was not held. I"049 PQ Stag Po M 6x 7. r I I Staff recommends approval of Z-99-042. The property Is strategically located along a major freeway, an improved secondary major arterial and a future collector, which provide it access to streets designed to handle large traffic capacity. Mayhill Road and Colorado 'toad at this juncture have adequate capacity to handle Increased traffic. Pockrus Page Road would need to be improved as development In this area occurs. Furthermore,the surrounding area has developed over the past ten (10)years In a manner different than envisioned in the 1988 DDP; the current Growth Management Plan(GMP)identifies this trend and supports a commercial and otfce/mixed use form of development. Lastly, the ralis-to-trails corridor located to the east of this property makes for a natural boundary between future high intensity land uses and lower intensity land uses. The redevelopment of the hospital less than a mile down the frontage road will be a catalyst for new businesses in this area. Some recent reronings In the area have included conditions. The conditioned Commercial(C)zoning district located at fAayhlll Road and 135E has setback and land uses restrictions(see Enclosure 8). Prohibiting the same land uses could create oonsistency for the area. Furthermore, conditions could be placed on lighting, visibility of docks and dumpsters, and exterior materials to be consistent with recent approvals for Commercial (C)zoning districts along the 1-35 E corridor. Therefore, staff recommends approval of Z-99.042 w'',h the following conditions: 1. That the permitted lard uses exclude those specifically mentioned In Enclosure 9. 2. Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion Into the night sky. 3. All loading dock and dumpster areas shall be screened from view of 1.35 E by solid, opaque, screens(fences, walls, or vegetation), reaching a height of at least six(8) foot above grade. 4. That any metal exterior material shall not be allowed on any building elevation visible from 1-35 E, 1 move to recommend approval of Z-99-042 with the following Conditions: 1. That the permitted land uses exclude those specifically mentioned in Enclosure 9. 2. Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb,surrounding residential property or to shine and project upward to prevent the diffusion Into the night sky. 3. Ail loading dock and dumpster areas shall be screened from view of 1.35 E by solid, opaque, screens (fences,walls, or vegetation), reaching a height of at least six(8)feet above grade, 4. That any metal exterior material shall not be allowed on any building elevation visible from 1-35 E. r' i L99 049 mz Staff Reot doc B. U c, 1. Recommend approval as submitted. 2, recommend approval with conditions. 3. Recommend denial 4. Postpone consideration. 6. Table item. j 1. Vicinity Map. 2, Zoning Map. 3. Utility Map. 4. 200'Property Owner Notiticadon: t Ap. 6, Denton Mobility Plan Map. 8. 1988 Denton Development Plan(DDP)Policies. 7. 1998 Denton Plan (OP)Policies(2 pages). S. Ordinance 93-063. 9. Proposed Prohibited Land Uses. W.Draft Ordinance. i I I I 1 s I.97 049 Piz Stall New.doc c c, M ENCLOSURE 1 NORTH Z-99.049 (HOUSE SMART ADDITION) DENTON REGIONAL CENTER Mom ENTER om C ANDREW 3 + u 1 � 4' VICINITY MAP ! Ott\ C. Agenda Date; July 14. 1090 Seale, None 10. u i; ENCIASUE:E 2 NORTH Z-99-049 (HOUSE SMART ADDITION) • r DENT RE010� MEDICAL / CENTER r AN C 1 A u u I A M1E � •� j \1 A �. C � I I � A A1• C rots A 0' C ` 4 ro 1! ' • E II ZONING MAP r � Agenda Date: July 14, 1999 seal[c None li• LY �I E s• ENCLOSURE 3 NORTH r Z-99-049 (HOUSE SMART ADDITION) 1w d ■ EXISTING UTILITIES MAP 4 Hydrants • — • -- Water Line (W. L.) -- • • — Sewer Lino (S. L.) r� ( PIN Agenda bate: July 44, 1999 Scale: None 11. c� _ t 3• ENCLOSURE 4 �' y NORTH Z-99.049 (HOUSE SMART ADDITION) i DENTON REGIONAL MEDICAL CENTER E ANDREW 1 "►f+;s�, SIT ti 500 BUFF 4 i 200-500 FOOT NOTICE MAP lit Agenda Date: July 14, 1099 Scale, None 13. i 0 ENCLOSURE 5 NORTH A Z-99-049 (MOUSE SMART ADDITION) e f DENTON RE010NAL MEDICAL CENTER t � ANDREW rp r CORPORATION SIT ♦ � S s It E iH RYVOOD 4 s DENTON MOBILITY PLAN MAP Freeways Primary Major Arterials Secondary Major Arterlals Collectors i � Agenda Date: July 14, 1999 Seale: None IJ . ~ *gNCLOSURE -6 - 1988 Denton Development F;an Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a Low intensity Area. These areas are Intended to be developed primarily for single family residentlal development. Neighborhoods are to be serviced by a network of small commerciallretail centers spaced at about '/a mile Intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip Areas Is restricted 10 60 tips per day r acre In generation due to development within Low intensity Are p p y pe ro osed development to be order to balance Land use with road capacity. Staff finds the p p p Inconsistent with the trip intensity stanars and some of the policies of the 1888 DDP. The table below summa a rovides of the 1988 Denton Development Plan pollcies applicable to this p summary project: Denton Development Plan Policy Analysis Summary Low Intensity Area Development Rating vs.Pollcy POLICY COMMENTS Ilnm�i�� Irma M Consistent intent These areas represent ornary, This area has not developed as housing areas WtNn the Oty. residentlal,but conanerdal. titian the current candbana,new dngle-ramily development world be hooff"We with exlstlng cornrmrdat deveWm4N as well as the nearby Ught Industrlat lard uses on Mayhln Road, x Inbanalty. To be conshtent with the Mowed tntenety a 1Is trips ace Wan,a development should not exceed Its Mocated Intensity a 2,006 trlpy:lte x allocated Intensity. Site Plan control. Stud property There are no extsbrrrg low-densIty Ieveloprent control within 1,600 het of residentlal areas In this area. , existing low density reodennbW areas, x Tn1Rc tlulgn. Access ftdd be provided to ensure that multi family or non-residential uses have access to collectors or Irger arterials with no aired access Through residentlal omts. x � f, sljdentt a �e, Not Vokcabie. reati � are provided. Public Pertlelpatiom Input Into No nearby residents;no ne0bertaod planning by neighborhood assodaDom and meeting. councils Is encouraged, x and Uu 0I"nity. Non-residentlal and nuulbdarr y development is v auraged to x a butted degree. Manuhcturad Housing. Ibis form of The proposed pr"ted land uses singte-famlty housing may be ewnpabble repave manuradured home parks. , with devebpt ents In N low Intrnity A 4 areas subJed to commons. _ x t r:r' Strip Commrdel. Any form of conbiwdtA strip oar rnardal Is.tv* dscuuraged Irllor near bw Intensity areas x 2 99 049 P&t kart ReponAX 15. mill r ENCLOSURE i 1998 Denton Plan Policies Analysis The table below provides a summary of thb 1998 Denton Plan Policies applicable to this protect: Denton Plan Policy Analysis Summary Development Ratlnq vs. Policy CATAGORY POLICY Inconsistent consistent Transportation. ComppmentsDenton'sLong-Range Thoroughfare Plan, r ., % Promotes Access Management Practices _% optimizes operations for emergency smite providers and other pjUlc service providers. % Promotes public transportation system, '�y:.'.'."`:• % Contributes to the Denton Trals net wk. x` :x Storniwater Drainage" Protects IDO-year floodptain areas in accordance with Denton's watershed management plans. Conforms to local suWston regulatiors % ConMtwtes to regional detention facilities, provides for natural riparian environntnt along Roodoialn. x Upgrades"sting substandard dralnage systems as snfill and redevetoprnent occur" 9• "a % Water and Develops and maintains property and private q Wastewater. Infrastructure, ' , ; % Creates opportunity for oversl&g water and wastewater tines to meet future developnw t demands, Provides review of proposed water and wastewater Infrastructure to ensure public safety and health. % Promotes Will Improvements over new line extensions 'i' °«ter" r % fioctrtc. Provide underground electric serm for new residentat and nonresidential development. t . . ` % Solid Waste. Promotes efficient access to all development for solid waste service dcl very, 4 r"., X Parks and Reonestlon, locates parks and recreation facilities in accordance with \ the Parks and Recreabon Strategk Man, k. Y Enhances parks and recreabon opportunities for residents. ';% Presents Aoodplain for parks and open space to aid In +. fioodplain conservabon efforts. Allows combnlrg of Darks with other public farllibes to addeve cost-effective detivery,of PuVc services. l o- Residental development stgrAd dedlute land or fees to lieu of land for nelghtprhood parts. Envlre"wental Quality. promotes prestr atlon of naburai,,sources. % I Integrates environmentat protection with emnornIc ! ' growth and community development % r ' Z 99 019 Paz star R?purt.doc 16 . r 1998 Denton Plan Policies Analysis Denton Plan Policy Analysis Summary Development Rating vs, Pdlq �k CATAGORY POLICY lncorWstent Aptde Ca"etent Mefghborhoods. ftwdes aooes to pblk e d coftw"ty facilities for rssidentlal nephbortAOds. Encourages a midure of lard uses that benafk resdents. x pro"W prewm edsbrig nelghborhoods. ikomotes dCYde and pedestrian trame vAthin and i between nefghtrataods to reduce Vbwu trips. Housing. kwldo a Hoge of housing types Shat eppea!to OMfe log eoonorfYC and 4 dvldual Ale clyles Oilers a variety of singirfamdy bt sites,bunting dies, and prke rangn tkeserves owng housng,Indudng af/ordeble housing. loess"Infiil tang cosh ion. Economic eontrlbvt"to a strong and dlvenlfled lord achy b1 wvenlftwtion. tr,aeasing employment and epandng the tax base. X Govemmant. Encarages Wvgofernmentd Coordullon to pmAde cost-effedlve pubnc MnAc f. x tkban Design. Address"community Appearance In a Ouvetensive mamev. DWerslAes arll'Cktral appeawn of ILift envtrory W4 NelWxftal ON developmerd shWJ he oom Wble vdth e,d!sing land us"and MdrgL s,oteds and preserves Denton s ra+rlteclurd,aitural and historical resourom Enhances the appearance a"major rhmewrys. Promotes the preservatlan of has W l -&4rv. x Public Involvement. Provides an oppftAty for public opinion durNv)tte X planning proe I � r As., i I I-99 049 Fat S+afl Aeport.drX i I { C)o 0, iYWpdocs\crd\pd1 'a.o ENCLOSURE 8 1 , ORDIN.'4cy N0. AN ORDINANCE OF THE CITY Op' DENTON, TE':AS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT ZONINO DIET%ICTS NO. 91 AND 92 TO COM- MERCIAL (c) ZONINO bISTRICT CLASSIFIC.TION AND USE DESIGNATION WITH CONDITIONS FOR APPROXIM.\TELY 300 ACRES OF LAND LOCATED SOUTH OF LOOP 288, EAST OF I-35 E AND GENERALLY WEST OF MAYHILL ROADI PRO- VIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000 FOR VIOLATIONS THEREOF) AND -PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Epic Development, Ino, has applied for a change in zoningg for approximately 300 acres of land from Planned Development Districts No. 91 and 92 i:o Commercial (o) district classification and use designation with conditional and WHEREAS, on March 24, 19930 the Planning and Zoning Commission recommended approval of the requested change in zoning) and WHEREAS tt.e city council finds that the change in zoning will be in compliance with the Denton Development Alan) NOW, THEREFORE, THE COUNCIL OF THE .TTY OF DENTON HEREBY ORDAINSS BECTION 1. That the zoning district classification and use designation of approximately 300 acr®s of land described in Exhibit A, attached hereto and incorporated into this ordinance by refer- once, is changed from Planned Development Districts No. 91 and 92 to Commercial (c) district classification and use designation with conditions under the comprehensive zoning ordinance of the City of Denton, Texas. That in accordance with Section 35-123 of the Cot rehens vs zoning Ordinano*$ the use of the property shall be auk) act to the conditions listed in Exhibit B, attached hereto and incorporated into this ordinance by reference. 6ECTION III, That the cityks official zoning map is amended to show the change in zoning district classification. SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not excesdinq $2,000. Each day that a provision of this ordinance is Violated shall constitute a separate and distinct offense. 1 SECTION V. That this ordinance shell become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of thin ordinance to be pub- lishad twice in the Denton Rsoord-Chroniole, the official newspaper of the City of Dantcn, Texas, within ten (10) days of the date of Its passage. 18. a PASSED AND APPROVED this tho day of ( Ah V , 1995 y TL BERR 0 ATTEM JENNIFER WALTERSo CITY SECRETARY BY APPROV AS 0 LEGAL FORMt DEBRA A. DRAYOVITCNi CITY ATTORNEY BY e /o, ;� ,t t i .. •. • • • •. • •. ... r. Ali PAGE 2 ' EXHIBIT A "CAL DESCRIPII%)N TRACT 1 PROPOSED EONIM "C(c)" SEINO 141.8 aetes Of land loeatid in the J- Be Taft Survey, Abstract Noe 13564 the J. White 8urv6jr Abstract Na* 14331 the Daniel Lambert Survey, Abstract N0, 74 and the M.E-Pe $ P-R-R. Co. Survey, Abstract No. 9;00 City of Denton .Denton County, , Tex ril as,' be ng A that certain tract of land ascribed as Tract I in deed-t6 Spit! D4velo meet, In*.,- recorded in Volume 33454' Pa9a 699 of the Real Property Records of Denton County, Texas and all of Colorado Boulevard, Southern Hills BOUI@Md and Mayhill•ROad as shown by the plat recorded in cabinet P, Page IS$ of the Real Property Reeorda of Denton CounQp, Texas and being more Particularly described by metes .tad bounds as follewsf BEGINNING at the Northwest corner of the Je White Survey, being the westerly Northwest of said R'pio tract described in ddeed mention above and the Northeast corner of Lot 10 Bldo). "A", i1 Golden Triangle Mini-Mall Addition, an addition to the City of Denton Denton County, Taxes as shown by the plat recorded in Cabinet P, Page 371 of the Real Property Records of Denton County, Texas; THENCE N $9643019"E, 565.63 teat to a corner of said EPIC ttaetf THENCE N 01'01'57"N 396,78 feet to the post northerly Northwest corner of said lie treat, lying in the Southwest ri ht-of- way line of the isaourl, Kansas and Texas Railroad a Soo foot wide right-of-way) ) THENCE along the Southwest right-ot-vay line o!No sold Missouri, Xaneas and Texas Railroad and a rtheast boundary line, of said Epic tract as fol level 8 41'24'iS"E, 1193.68 foot to the Eoginniroj,'O; a Curve; to the Leftf / SOUTHEASTERLY, 714.61 feet alofv) said Curve to the G ft, havinradius of 1560.17 (estr 1 cantrel angle of 21110140% and a chord bearinq.8'S!•55034"E 730.40 loot to the most northerly Northeast corner of sat epic tract, lying in the West boundary.11na of a tract of land described as Tract "6" in dasd to Ne P- ?46164, recorded in Volume 1316 Papa 371 of the Real Property Records of Denton County, texas) THENCE 8 01'35'61"N, 961,34 feet to a 3/6" Iron rod found at the Southwest corner of said Jests tract, being a corner of said Epic tract THENCE M a6'41'S0"E along a North boundarryy line of said 410 tract A the South boundary lino of said Jeske tract 3768,51 toot to a railroad iron found at a corner of said Rylo tract being the Northernmost corner Of A tract of land In volume in 8000 Pala State Denton County, Taxasf THENCE 5 0015301$"W along an East boundary line of said Epic tract and the West boundary line of said let State bank of Denton tract 109 .14 feat to a 1 3/1" iron pipe found at a corner of sold E to tract being the Southweot 0oMar 09 said lot t, State Bank Denton traetl ! `. TNENCS 6 8943135 102 along a Nortth boundary line of said Rplo tract and the South boundarryy Iine Of Bald lot State bank of Denntonrtract$ 633,47 feet tOayh1W i iron found in the 20. EPiO Di�fLGPMEkf PAGE 1 OF 4 N3 A91.039 e"asna4w 1e Ua7 1 c, 1 I i �^ EXHIBIT A TRACT 1 4..ONTIMID) ti THINCZ a 65.17121 0N alenq the North tight-of-vsy line at said Nayhill Road being a Bouthaast boundary line of said Epic traot, 164671 last to a 1/2* iron rod toundl THENCE s 17to 106"N alen1 a southeast boundary lies of said Epic tract, 111.17 last to d pointl Southeast bounds line Of said Epic o a sopoin South S�N Along THENCI 8 ]], 20 0 4 tract • 06,74 ,feet to,a point in the south righR�of-vay•lina ot 'Co�oeado Boulevafd (an s0 feet wlad right-otway)j being at the beginning of a non-tangent curve to the Right, being the Northeast corner of a tract of land described in deed to Andrew Corp., recorded in Volume 30470 page 167 of the Real property Records of benton County, Texas$ THENCE COVTHREBTERLV along the Routh tl9ht-of-way line of said Colorado boulevard an so toot vide right-of-lay) a south boundary line Of said Epic tract and a North beun�lary line of said hndrw Corp. tr4ot0 160.23 last along aid non - tangent Curve to Re Riqht having a radius of 040.00 feet, a central a le o! 11'0 00�S" and a chord baring 11oW1f"M,189I's fat to a cutback corner at'the I4 intersection of the south right-of-voy line of said i Colotade boulevard and the oast right-ot-wyy line of _ Nayhiil Road (Loop 2110 a 120 feet vide right-of-vay) 1 THENCE along the East right-of-Way line Of said waybill Road (Loop 2800 a 1A0 loot vide right-cf-taq)0 the East boundary Sine of said Not treat and the Nest bocndsty, line of said Mdrev Corp, treat as fellovsl B 45'2501000, 22.50 feet to a pointf 6 ,01-00017% 412-95 feet to the east southerly 'cornor of said Andrew Corp. tractt TN[:4CE D 14'4101400 alen4 the East boundary line of laid Epic tract, 909.05 feat to a 1/2" iron red toundl J THENCE s 1904604109, 72.44 fat to a right-cf-vsy eonumsnt in the sta varhgw lg tteteloaiableidth rbt-bt-Viy) binga corner ild Ifp t tracts THENCE along h ri�sf,t of-way 3lne atisaidfInterrsttaate Highway and the (a Vert= width right-of-way) so follws$ N 49066021 0N0 602.96 feet to a I/1a iron rod fomndl H 63431021090 94.06 feet to a 2120 iron rod found! N 496.16007090. 611:7L feet td t 1/21' iron rod teyndl , s '62'19121090 44.20 tat to a 3/40 Iron rod loundf - N 49166151090 1172,67 foot to a 1/10 Iron rod foundl N 51'0010009, 2220.10 feet to a the saginning o! a CUM to the Right! NORTMWTMV, 17.29 lent along said curve to the R1t0 having a tad[ns of 110301.10 feet a antral a 1s or o0'•a$ 320 and a chord bearing 9 6�'s01440b0 17.29 foot to the 3,nd of said Curvet N14gt6it V0009, 99-20 $sit to the beginning of a COMO to the 21. . ' Epfo pEVEtApNE97 •PAGE 2 OF 4 96A t92-o19 6 1 c� v • NORTNMtaTERLY, 10.00 last ajar,, said curve to the Mght, h►vinv r tadi+s et 11,199020 tact s cantrsl angle oft OOV7 25s and a chord barring E 4;•14131"MI 90.00 teat to the End of said curve# N 29130000"9, 1110•31 tat to a Pointl M ent • .6'01�17�if7"N�t'7t�20 feat to.the "ginning or f,non-tr?+q, Curve .to.the Rtgbt# 4 •' ;. " . NoRTHXEMRLY nh77q4.21 toot ale solid solid non-tangent #lava to anglRight f 00,22'39" andia chord {1earinq it 410 8�l1*X r74.21 feet to the Ead of said curvet N pi-45040"N, 00.20 tat to the beginning of a Curve to the Riot NORTHMTERW, 120-01 feet along said Curve to the Right, h►vifty a radius of 11,500. 10 feat a antral angle of 00'42 29" and r chord bearing R 41/01'53"K, 130.59 loot !o the End of said Curwl N 47/41 40"N 134.10 test to the southwest con" at said uPio treat, �eing the southeast cornrr of foot p�1 block ii Proofs Crossing, an addition to the City e! i beaten Cage a Texas he Real Pro�'WrtY plat aoords of Danten �ty1s, Page 77 Texas TMCz R 01 corner Of 4 sot SO "Ook�hoefsiCrasingte� SNLNCE N 63117104E;ale he a Most bonioolusy line at said ipl; troot, 1S14135 toot to t PIACS OY•6s0t zV40•6011taieinq df2.1 acres of land. 1 �r r 2 21 pACR 3 OF G laic k9W c• 1 1 EXHIBIT A LEGAL DE60MIPTIOM TPUKT 2 PAOP05ED 6014ING$ "C(0' BEING 57.1 acres of land located in the J. B. Taft Burveyytt Abstract No. 1236 and the J. White aurvaYy. Abstraot No, 14 )# Cily of Denton Denton CountyY$ Tames beinq all that Gertata tract desvtibs,� as T;tot II in dood'�b Epio Dwelepsenf,_24a•i accorded in Yal�$ma ,5245 Paga'695. of. the R"al Fropart�.MeootJs of Denton Countys Texas and being more particularly aaearlbad as follow$ BEC,INNYNO at the Northeast corner of the 0, White 5urvayy$ being the most southerly Northeast corner of said Epic tract asletibed In dead fentloned above? THENCE / 02'12'01"N along an East boundary line of Grid ,6psis lIt irsot4,lying ie the Northeast r Orly corner Shim of t e Missouri Kansas and Texas Mall (a 100 toot vide right-of-way?? TitcNCl Ranges�atn$dNortheast Texas M411rad (a 109 toot Yidoativl+t-of-Wy) and the southwest boundary ling of said Epic tract as follows$ NOMTFMi6TIMLY, 640.16 het aloe' a Curve to lhg.Miabt' havls� a radius of 1660.17 feete a oehtrsl a 1• of 19'11 40" and a chord bearing N 51.16005"No 617.12 test to the End of said Curvat N ,41•24,1S"x,' 2171.17 feet to a corner of said 8plo,traot? THENCE N 01+01157"x, 177,00 lest to a corner of slid tMia traot, I lying in the southeast right-of-vay ling LOOP 2 5 (a fl variable width ri2ht-of-vaY) 1 TxENCI aloha the southeast rni�tht-of-vay line at said Loop lie (a Sint o!said hplegtr of asYlollovshe Northwest boundary N 65.26'40.80 751.06 feet to a point) N 60'060250' 144.05 foot to the foot northerly Northeast corner of said Epic tract) TMENCI s 00'16001"I. 107.27 fast to'a Go".or of said Rpla,tractl THENCE N 5011914548$ 224.45 feet to a corner of "'a Npia t'Gotl 1IfLNC', s,00'15�12'E, )0)8.'18 teat to`4400r7ier a! said Npib' tract) THENCE N 66'11'11"8, 506.07 fast to the MACS of Il02N11>11tG%r., containing 57.1 acres of land. I I r 23. PAGE 4 OF 4 Eric VIA Iss-031 t , EXHIBIT B A SETBACKS FOR BUILD,(NOS AND STRUOTURES: There shah be a 40 loot setback along IH-35E end Mayh18 Road(hAuts loop 288) wkh no parking allowed In the lust(front)20 fesL B. PROHIBITED USEl3: The Ivitawing uaea,'olherv+tse permhied k, th.-,r'. d; or d?ierwise rm�tted wish approved aperMq use Permt4 shaA be prohibited h iNs oond�tlonod dlatrict: i. Primont Realdenllal Ua s a c4mm mlty Ural Development b� Trallar Camp or MobOo Kome Park 2. Kducallonel Instltutlonal and Speclat Ussa b cemetery m�etery or Mausoleum a House c 0006210nalSafa 3. ullllty Accessory.ind Inclderdst Uses HMO D) Radio artd�T�slaovwn{eton or Mlaowm Tower. 4. 4mijkUnal and EnterWOIIlentMak b i Faergpraund or Mohlon Area c Go Cart Track Rodeo Grounds e SexuOy Oriented Bushm f) Stable,Prtvste Club 5�,�rcWftenW 0 si" Mater,l>?Ha to 0 end SaMgs Moo Uses 6, 81r14d1912ti1.� , a) T1re Retre e10 a Cappirq b 8e�oondhh nd Store,Used FmOura or Rummage Sde r' a) lmel PDX4(pubtlo a Presets) b) NrJrnal Ctlnlo,kdrnal HosptW of l ANA WOO MR$kIs KOO nr Pens c two",Pouhry a Feed Store b Fka Market c Storage and tides of Fumhure of M•$wms orAskle O bulk8ng) TnEof Rants!or Sales g. a Exvsctlon and Silmos ge o ,Storw,Clay,or Oravel r k I` ENCLOSURE 9 A FETBACKB FOR 0UILDIHOSANDBtigUQL=: wMD no pakln0 okwad In t#r tnt H9011*4 268) B PROHISITEOUSEB: . : .+. . . .' ,' `' . . �'• 1Ai bgov/;np u���ou,�Mise pirmltE�d In Ws�dldAd;'a�oowriMi'pins All It�d wAh approved apadf4sa tn1 pomJl,ahol ba prohiblta0 h fhb condnlona dbtlkl:' 1. t Raald the IT b;�O�a Park 2 b amot�ry aucn 06cLt u!" i o 0y Hasa nWrW 8da I �. tdin'IlWn Opcavom b Rid om fWASIM or Mkm*vo TowM. j 4 IdaInmant Ums b Oo OM Tradr� pod"Grounds a Saw*CAanlod Buatwaa 9 $We,PMoto Club j salewu A Tta a j 4 �i Yr an Uau i b 8aoatdwld ihaa,Uoad Furtld+ro a Runtvya We , ', It YqP Y ' Naoaplgil a K ww A 01A&ft"a Pom d 0 Fa AIImCFoaRtlLl1 j ao FMMWW + ; b 8faapa a�lalM d FumM+r1 a ARp1r1gM OUolda�bu/drl� t ' Tralar ttonW a eda � . a Ma —�eri on N&W of eotA WdA aw,my.or clnwal wru/02-010 Pp41o11 MoA$I,1000 P . (r ENCLOSURE 10 ORDINANCE NO. I AN ORDINANCE OF THE CITY OF DMNTON,TEXAS,PROVIDING FOR A CHANGE FROM f AGRICULTURAL(A)ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMERCIAL(C)ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 3.086 ACRES OF LANMkOCATED ON THE SOUTHEAST CORNER OF POCKRUS PAGE ROAD AND I.35 RONTAGE ROAD; PROVIDINO FOR A PENALTY IN THE MAX ;ac M 0 ,000,00 FOR VIOLATIONS THEREOF;AND PROVIDING FOR AN EF (Z•99-049) f ,Chris McComb,on behalf of Alice Pockrus,has applied for a change in zoning for 3.08of land from Agricultural(A)zoning district classification and use designation to Commercial(C)zoning district classification and use designation;and WHEREAS,on July 14, 1999,the Planning and Zoning Commission reconunended approval of the requested change in zoning; and VIHEREAS,the City Council finds that the change In zoning Qi be In compliance with the 1988 Denton Development Plan,the 1998 Denton Plan Policies,and the 1999 Growth Management Strategies and Plan; NOW,THEREFORE I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation of the 3.086 acre property described In the legal description attached hereto and incorporated herair►as Exhibit A Is changed from Agricultural(A)zomdng district classification and use designation to Commercial(C) zoning district classification and use designation under the comprehensive zoning ordinance of'U'Ae City of Denton,Texas,subject to the following conditions; i 1, 3. j I 4. Sr=IQS ti. That the C'itys official zoning map is amended to sho a in zoning district classificstlon. PADS 1 24. r SECTION III. That any person violating any provision of this ordinance shall, upon a, conviction,be fined a sum not ex"Ming$2,000.00. Each day that a provision of this ordinance Is violated shall constitute a separate and distinct offense. SECTION IV. That this ordinance shall become effective fourteen(I4)days from the dale of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice In the Denton Record-Chronicle,a daily newspaper published In the City of Denton, Texas,within ten(10)days of the date of its pssssge. PASSED AND APPROVED this the _day of 11999. JACK MILLER,MAYOR ATTEST. JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM; HERBERT L.PROUTY,CITY A770MEY BY:_ r r PADS 2 y 27. EXHIBIT A ` 5 • ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE GIDEON WALKER SURVEY,ABSTRACT NUMBER 1330, CITY OF DENTON,DEMON COUNTY,TEXAS,BEING PART OF A TRACT DESCRIBED IN A DEED TO H.W.POCKRUS,ET UX,RECORDED IN VOLUME 314,PAGE 183,DEED RECORDS DENTON COUNTY,TEXAS, AND BEING PART OF A CALLED 0.62 ACRE TRACT DESCRIBED IN A DEED TO H.W.POCKRUS, ET UX, RECORDED IN VOLUME 358,PAGE 505,DEED RECORDS DEMON COUNTY,TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A % INCH IRON ROD FOUND AT THE INTERSECTION OF THE SOUTHEAST LINE OF SAID 0.62 ACRE TRACT WITH THE NORTHEAST RIGHT- OF-WAY LINE OF INTERSTATE HIGHWAY 35E,SAID ROD BEING THB NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO A E.WYATT, RECORDED IN VOLUME 2304,PAGE 41 S, REAL PROPERTY RECORDS, DENTON COUNTY,TEXAS; THENCE NORT 1149 DEGREES 21 MINUTES 10 SECONDS WEST,WITH SAID RIGHT-OF-WAY, A DISTANCE OF 530.53 FEET TO A 4S INCH IRON ROD FOUND FOR CORNER AT THE INTERSECTION OF THE NORTHEAST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35E AND THE SOUTH LINE OF POCKRUS PAGE ROAD; THENCE NORTH 43 DEGREES 1 I MINUTES 27 SECONDS EAST,A DISTANCE f OF 73.95 FEET TO A FENCE CORNER POST FOUND FOR CORNER; THENCE SOUTH 8S DEGREES 47 MINUTES 26 SECONDS EAST,WITH THE SOUTH LINE OF POCKRUS PAGE ROAD, A D1S'i ANCE OF $67.43 FEET TO A FENCE CORNER POST FOUND FIN+.CORNER AI THE NORTHERNMOST NORTHWEST CORNER OF A TRACT DESCRI91'A IN A DEED TO F.NDF,RBY I GAS, INC.,RECORDED IN VOLUME 759,PAOR 43.4,DEED RECORDS DEMON i COUNTY,TEXAS; THENCE SOU M 41 DEGREES 36 MINUTES I1 SECONDS WEST,WITH THE NORTHWEST LINE OF Sr.ID ENDERBY OAS TRACT, A DISTANCE OF 147,80 FEET TO A FENCE CORNER POST FOUND FOR COMER AT THE NORTHERNMOST NORTHEAST CORNER OF SAID 0.62 ACRE TRACT BEING THE WESTEX.-MOST SOUTHWEST CORNER OF SAID ENDERBY GAS TRACT; THENCE SOUTH 61 DEGREES 02 MINUTES 47 SECONDS BAST,WITH THE E NORTHEAST LINE OF SAID 0.62 ACRE TRACT AND THE SOUTHWEST LINE OF SAID ENDERBY OAS TRACT, A DISTANCE OF 90.43 FEET TO A 4 INCH IRON. ROD FOUND AT THE SOUTHEAST CORNER OF SAID 0.62 ACRE TRACT WHICH IS THE NORTHERNMOST NORTHEAST CORNER OF SAID A.E. WYAT"T TRACT; a THENCE SOUTH 43 DEGREES 41 MINUTES 02 SECONDS WEST,WITH THE SOUTHEAST LINE OF SAID 0.62 ACPX TRACT AND THE NOR.nI WEST LINE OF SAID A.B.WYATT TRACT, A DISTANCE OF 291.13 FEET TO IM POINT OF BEGINNING AND CONTAINING IN ALL 3.086 ACRES OF LAND. 28. S Y i . , . r Y^ , EXHIBIT g A. $fTAMU FOB QU}LOINGSAMDMUCTTURES: There"be a 40 foot setback akmg IFi45E and M*A Road{hrture loop 288) with no paedV allowed in the tint(honQ 20 test 9. PROHIBITEDUSES: The (otlowfnp uses;'otherwis.'porrhitlea In drsti3d;or oltiemtoe'pYetrated with approved apedfio use perrA shall be prohlb8ed h tb conditioned dlstrlc 1. Primary ReeldentlalUeee }opine Comwn?q b; Tr Camp of ob t Mo an bU Be Park z 9ducatlonal,hslltutlonal end Special Uses Cemetery a Mausoleum b� House c} sl Safes 3. y}llb•Aecaesou.and tnddentalUll b; P.86*and yesAsion or Mkrowave Tower, 4. ggsreatfonatandEntertainmerktUses e Drag Strip b rairarow u Eafilbition Area t c Oo 00 Track Rodeo Grounds e Sexumy OrteMed Buektess 9 Stable,Pdvate(Sub hStable,irawneroisl Rental . :Sleble,Botvdhtg ti F elef,[Alva Yt r. Z'• 1 G. AutomoblleSe esUaea a) Tke Retreadkv or CappvV 6. Ogta1t and Urvtee a Uses b Pa+M't Shop Used rumitwe or RurrrnW Sale 6 Seoartdhand Store, 7. AprScultural Won Uses p s a1- Pourid(PUWk Of Privale) b ArkrW CNr %Ardmal HoeplW or VvM vdtit ovisMs Runs or P ens c Hatd".Pouh y 8. �,ommarclelTypsUaes I read Store Steeps and Sales Of,rurnitkx4 a a outside 4 bum ` TreasrRanlal4(Sates .�•.. ,7 g, ties Storaai or Extraetioii '. e) Extractkrt and Storage d band,odd*.Stare.CW,or Gravel 29. I (e I Planning and Zoning Commissloh Mute, j July 14, 1999 ATTACHMENT 2 Page 6 of 6 I Motion by Carol Ann Ganzer and seconded by Bob Powell to recommend approval with conditions to City Council. 'riecuselon of hem Is Included in Court Reporter's transcript attached to this set of minutes (Page 118). Motion carries 6-1. Sake Rishet 0000eed. I EaHouse s public hearing and consider making a recommendation to City Cou conoemi rezoning of 3,088 acres from an Agricultural(A)zoning disbici to a Commercial(C) ng district The property le located on the southeast comer of Pociwa Page Road t-35 East frontage Road. The proposal Is for commercial development. (Z-99-049, se Smart Addition,Wayne Reed) Susan Apple and seconded by Carol Ann Ganzer to recomme nd approval to City on of item Is included in Court Reporter's transcript attached to this set of minutes 5). rries 84. Sake Rishel opposed. BRIEFING (This Hem will be presented during the 7:00 p.m.dinner break.) 16. receive a report and hold a discussion regarding the Economic Diversification, Transportation,Water Services,Wastewater Services, Stormwater Drainage,Said Waste, and Electric Sections of the Draft Comprehensive Plan. DIRECTOR'S REPORT 17. Council Action. + 'Discussion of item is included in Court Reporter's transcript attached to this set of minutes (Page 183). 18. Future Agenda Items. 'Discussion of Rem Is Included in Court Reporter's transcript attached to this set o.minutes (Page 183). 4 At 1 30. t 1 i 1 Condeoselt°f Pigs 165 Page 167 1 amendment eocepiod by-•agreed to All In favor of the t within 500 feet. As of this time i have Dot received 2 motion raise your right hand. Opposed same sign. 2 any notion and,agree,l was on vacation. And an to 3 MR RISHM oppose& 3 the beat of my bwwledge,we have not Moeived any 4 MR.ENGEteREM: Motion carries six to one: 4 notice. S Item I S,hold a public hearing and 5 MR DoxALDSM: we haven't received any 6 consider making a r000mmndatiat to City Council 6 notices. 7 concerning rezoning or 3.08 screw from Agricultural to 7 1 MR REm.. 7be applicant was Dot able to 8 Commercial. The property is located on the southeast 8 attend tonight. He's the representative for the 9 corner of Pockrus Page Road and 1.33. The proposal is 9 pr nq=tive owner. The currant owner,Alice P�chvs is rot canmercW development. At this time,I'll open the to here but 1 would like to at lead tommunic-ft sJlynt Mr. 13 public hearing. W.Reed is going to provide ua with t I Chris McComb stated to me in our owwrsation earlier 12 the staff report 12 this week when 1 stated to him--1 rued him the staff 13 MR REED &bank you,Commissioner. And 13 report and we discussed the recommendation. He wanted 14 this last case of mine here tonight U a plea or 14 to clergy that the intent or the prospective owner and 15 property that is along 1.33 and is adj scent or 3 S developer of this site Is a trmufactured hoe rmticr 16 immediately across the street of Pockrus Page Read from 16 --excuse m,net a reselkv but seller. He described 17 a previous zoning ease which you cansidered just last 17 it as a high..-cod manufactured home seller. What they 18 month for an Identical request. The property in I8 do is they put permanent models on the rite. 19 question Is located here on what would be the southeast 19 He said,specifically,they'd have like ten emir or Pockrus Page Read and 1.35E, The previous 20 different models on this site. People would come and f 1 case which I referred to,just for reference,is located 21 look at Owe models and if they liked that paWar 22 Immediately across and Is colored blue on this Dap. It .2 one,they would not have that model on-site am move It 23 was Case No.Z-99-033. The subject property is 23 like you have with other manufactured borne sites that 24 currently toed Ag. When it was annexed iato the City. 24 sell rhea Instead,that particular model would be 25 it was given that designation. 23 shipped to their pies or property from a central Page 166 Page 168 1 Looking at it now in comparison with our t location that they make these mmufwhnW homes. lust 2 comprehensive plans,from the 198 DDP we find it to be 2 communivating'.vhat be explained the potential ua to be. 3 inconsistent because it's in a low-intensity area. And 3 lie also dsU that he found that the 4 so in that regard it's mostly inconsistent with both 4 projeM trip Intensity would be••that's In the staff s trip intensities and policies. However,with the Growth S report on page 3 is much higher than what their use e Management Plan and Strategies we find it to be 6 would be. And 1 explained to him that what we do In our 7 consistent. Moreover,the draft Land Use Plan,which 7 staff report Is simply demonstrate what a commercial use a Commissioner Engelbrecht referred t)earlier,the draft it can do. He understands the difference, Again,I'm 9 Land Use Plan identifies this area as she regional 9 =nmunicatirtg to you what he meted to me• to activity center and,thus,this type of use is 10 As far as our recommendation,he wanted to I I encouraged in this area. Proposed zoning would be 1I clarify that••and 1 coed to clarify that F closae 9, 12 consistent with that draft Land Use Plan. 12 which is also page 22,that 1 included by accident the 13 Particularly in staffs analysis we find I S aura designated as A,wblcb refers to setbacks for 14 that this particular plea of property is,in addition 14 buildings and suss hen. Of course,this staff report 15 to being just down the road from the Denton Regional IS is very similar to Z-"-033. I Included in that report 16 Medical Center,it has access to 1-358 which is a 16 the prohibited uses. 1 forgot to omit this by whiting 17 freeway and then Pockw Page Road which is idc itified 17 it out. So t duo't mesa that staff was recommending a l 18 as a collector stroct, So it has access to some Father to 40-foot setback on this particular site. But the ' 19 high-trafficked roads. It is also oD the wc6t side of a 19 prohibited uses N what 1 included that enclosure fa. j �'. 20 railroad track which is also known as our Rails to 10 He also uvmted to clarify,as we did with 21 Trails Corridor. So it is buffered from land that is to I I Z•99.033,that be Is at le"wanting to ensure that 8D 22 the east,which on the Land Use Plan,Is Identified for 21 on Enclosure 9 don not prohibit the We of 23 mom or lower intensity uses. 23 manufarfured homes. Those was his two cancers. And 24 The latices mailed out were sent to ft A, 24 be also alated that since he could not be here tonight 23 property owners within 200 foci and to fou re3i lent. 's4 due to his wife expectGy to deliver a baby in the out PLANNING & ZONING MY 14, 1949 31 . Page 165 • Page 163 c Condeoaelt'" Pigs 169 Page 171 1 day or two,that If gene's any c000em by the Planning 1 look N? 2 sad Zoning Camtuissin that he would prefer clot you 3 Ms PocrRus: Yes,air. 7bat's what 1 ' 3 continue this if you have any questions that cannot be 3 tadastaod And the way 1 tmdvatand ty it will be 4 answered because be's trot here tonight But If you're 4 very beautifully Imdscapod s comfortable—but he's comfortable with the S MR.gVcgt My understanding and 1 Just want 6 recommendatoo with the clarifications that I made based 6 to see if he went into that detail with you,were that 7 upon what he stated to me that he'd be comfortable with 7 these homes as opposed to being on tires or being on 9 you voting on it tonight a somebody's'. 9 MR.ENGMBREMM Commissional,any 9 Ms.Poe mm. oho no. to questions fat Mr.Rod? It appal oat We know that 10 MR Bt cm. n would be on a slab. I I ••and 1 don't know,does the lady wish to speak as■ I1 Ms.PoCttaus: 1 think so. 7bat's exactly l2 petitioner? Okay. Yes,ma'am,if you would give us 12 right That was my understanding. 13 your name and address for the record. 13 MA nucEiL. okay. So you wouldn't have any 14 Ms. POCKRUS: Yes. I'm Ms.Alice Pockrus 14 problem if the Commission made that a stipulation that 15 and I have lived••oh,my address is 2500 tiinkk Drive t5 that mobile homes,the model homes would be on s slab. IS now since I have moved and that's No.20N,Denton. i6 ?bat's what be told you and you'd have no problem with ! 11 Okay. I've lived ben since 1945 and I'm moving 17 that? is bemuse,God only knows,I've lived there long enagh is Ms.Poaxi fs: ?bat's right He said that 19 and I've worked my had off them so I can't handle it h9 &-I,you know—h understood they would not be on 20 due to mot age,you know,but anyway. It would be nice 20 wbeets. 21 to get to sell it and I do have a pnposal to bell it 21 MR Bt10Ey-- okay. 22 And the purple seem to nice end,like be said,they plan 22 MR fNGELBnorf: Are then other questions 23 to build••not build then. Now,my understanding was 23 for Ms. Pockrs? Thank you very much. 24 that they would have two offices and that you could go 24 MS.Poamus: 'clank you eft. I 25 In and push a button and you see the kind of house you 25 ML Evoet.6REM: is there anyone present Page 170 Page 172 1 want and you am the color you want You push another I who would like to speak In faun(of this petition? 2 button and you we the interior—because he brought 2 Anyone present to speak In favor of the plot 00 3 some tapes out sad showed us. 3 Anyone present to speak in apposition 10 the petition? 4 And tat they will build the houses on your 4 Anyone present to speak in opposition? Seeing no 5 property if you'd like,because they offered me a house, s opposition,we waive the rebuttal. Public hearing is 6 But I would have had••and it was a lovely house. It 6 closed. And, Mr.Reed,do you have any final staff 7 was beautiful,ji at exactly what I wanted,but 1 ward 7 remarks? I have bad to taught property to pun it on. I would have a mkt REED The only remark I'd Lice to make 9 still been by myself and I'd have fwd to pt�pas,water, 9 is tlto motim Includes a Condition No.4 that any metal to sewer,and all this stuff on it So I had n.,desire to to exteri v material mall not be stlowed on any building I l do that. But I hope you'll am fit tc rcmm It and 1I elevation vlsr'ble from 135. With the intended use I 12 ply to God that I an sell it Htlp,rte out,please, I 12 would just like thte Pdt'G In clarity if they want that to 13 need It 13 apply to a permanent office structure or to all 14 MR ENCEIBRECHf: Are Sae olhcr gUalioms 14 structures as we understand the proposed u3e to be. 15 for Ms.P ckrus? t5 gat EME1.HRP.CH4: Mr.Moreno. 16 MR. CUM: Ms. Pakrus,let me clarify 16 MR MoRENa mr.Reed.is this Can No. 42 17 bomuse we don't want to misquote the gentleman who 17 or 497 18 can't be here taught,you were thinking that he was Is MA REED: This is Can No. 49 and 1 gee 19 going to have two buildings that would show peopk how I9 what you're referring to. 1 think In the motion I refer j 20 the manuraeturW homes would look. From you 20 to 42. 21 tnnderstarnding would there be any manufactured homes on 21 MX EN6EI.BRSaff: 'Thank you,Mr.Mom= 22 the property? 22 MA DWAK. W. Rued,what you're saying is 23 Ms.POCKRUS: No. what? 23 you want to be sum tlal the model homes that ate out 24 Ma Bucex: would there be like seven or 24 there,can they have a metal exterior;is that whit 25 eight hotrxs that you could walk Into on the property to 11 you're asking? PLANMNO&ZONiNO 11.1).Y 14. 1999 J2. Page 169• Page 172 t, condonseltn'r i Pogo 173 Page 175 1 MR REED,. Rot. 1 just want to know what I ta.POwEw some of there other ones that 2 the intent or the F&z Commission is. I want to know 2 you're thinking about are in Corinth. 3 what the clear Intent is so that in the(Sty Cameil 3 MS.ociuRm No,I'm thinking about tk 4 report that we communicate t1aL 4 ones that are right moat door to Jamie Woods,that whole 5 Mx.ENOMRECHT. Ms,Gaamr. s tine. It start+al Deatoa Medical and It's just going 6 Ms.OAyzm I think that we could r..ill say 6 straight down to Carlo& t mean,It's titeraily--1'm 7 visible from 35 because most of the manufactured homes 7 just curious what does strip commercial really man? 8 now,the exterior Is mare siding or wood And so we S And 11 ibis something that we seed to be aware of or am 9 could stipulate that and if he has some that are metal, 9 1 just telling rigbt noO l o they could be not visible from$5. And the ones visible 10 Ms.Bt3 m. i just want to be sure that I 1 would have to be mon•rietal. 11 while!Du'ro looking at me,I'm just trying to get a" 12 Mx REED: Thank you. I just Wanted you to 12 reeoiWom down and I certainly wasn't endorsing mobile 13 clarify that. 17 homes. 14 Ma ENCEIBREm. ocher questions for staff? 14 mi.Oomm- welt.I'm just wooderins Is Mx BuCEK. wayee,then when Sou added that 15 because I'm just perplexed. I mean,I understand the 16 he wanted the sD where it says trader rental or sales. 16 Legislature just passed a thleg saying that manufactured 17 does mot probi'bit the We of manufactured homes,then 17 hors that are permanently adhered to the grand,which h8 nacre's no problem with this manufactured home,the sale Is is the new way of doing IL It's not a mobile thing. 19 of them and the modals being plead on slabs? 19 You go and you put your lend--you build the house,you 20 Mx REM, That's corm-t. 20 build it and it becomes a home the.you can maw get 21 MR.el1cEK: He sold that to you,as well, 21 fmanchng or something hike d aL 1 man,it's beeoml 22 right? 22 a new trend sod mare and more people arc buying this 23 Mx REED: That's correct 23 way. It's quicker. It's easier. ht's more efficient 24 MA BucEtt, okay. So we could make that a 24 It's a trend, 1 understand tits is wbexe we're leading, 2S part of that condition. 31 this it where we're going. I'm just curious from the Page 174 Page 176 l Mnt REED: It would not be mobile homes oa 1 standpoint of what I've loco hearing,whet we're doing 2 slabs,they'd be manufactured times. 2 is atripping sommerciah,but we're tending to do dries 1 Mx BUCEK, Pardon me,right,manufactured 3 with in the carne tiling. So I'm confused end does 4 homes. 4 anyow--or Should 1 just say Elizabeth vote? So $ MR.DWAIDSON: You don't went to use the s okay,no answers. All light. Let's go on. 6 term"slabs." 6 MS.t3Amm I don't know how to answer it 7 Mx Pow ELL Yeah 1 eat going to say,Mr. 7 MR ENOELB0.am. That's right 1 think 8 Bucek, foundation.because that could be a rkr and beam 8 that's one of those that we don't want atrip commercial 9 as opposed to r stab. I don't shim:yw wet io pour 9 but when we Start trying to define it,then we have 10 stabs there because,obviously,this is a temporary use to difficulty. And the other tilde of it is when we gel I I for this property. Temporary ndght be tea years,but 31 down to it left-out parcel Jac this,what cl:e do we do 12 you don't want to bane to dig up slabs later. m with it? Theo there's the--I know personally;he I] MR.Bticncr Right. I Appreciate thud. IS other question is or the other observation Of-MI a Is 14 kit.ENOELBRECxr other comments? Ms. 14 that time were all, as Mr, Powell has said,temporary I S Ooerdie. IS sifts. These are all kmponry uses,I mean, 16 M5.00MtE: I'm perplexed about something- t6 paTtictrlarly drew manufactured housing. 17 1 realize this is the high-intensity area,so to speak, 17 in.WJP.DI8: But is it really temporary IS because it's up against the froew'sy;Is that correct? I I because the trend Is clanging? 1 meta,you could have 19 Yet we talk about commercial stripping things out and 19 said that five years ago but the Legislatare has � A 70 I'm just kind of curious,how many manufactured twine 20 recognized t hat— 1''\ r 11 dWasllps can be put In a foe before we air considered 21 MS.OAh4 .M. we don't know. It may to be a 22 stripping our commercial area into•-In our entryway 22 trend. We don't know, 23 sieve we don't have a corridor ordinance? But I'm just 23 W.OWWttk Or it may continue ore because in, carious,whoa do we kick in some kind of common WON 24 more and hole people am using them. 25 here? " M8.nANZBA: well,they're more affordable PLANNING sit ZONINO JULY 14, 1999 33. Page 173 •Page 176 I , t I I 1 . i Page 177 Pap 179 I and 1 think it's Ue 36 pedant now of the housiog In t always say,we're zoning the land and that's the only 2 Texas is manufactured homes. And It is real property. 2 reason why I'm thinking the wsy I'm thWdog is because 3 MS.aOUltntE: That's a good word,real 3 1 bear you echo that. And I'm hoping we're zoning the 4 properly. ]hat's what I was tookiov' r So the 4 lend,not the use. S Legislature in the State considers it ro be a legitimate S Mm.1SUCEK: And on some of the earlier cases 6 thing. 6 where we dealt with those talml-wvebouses to some of 7 MS.GANUX if they put it on land on a 1 these,those eases we lad a problem with utilities We e permanent foundation,it Is nnh property. a couldn't got utilities to them. Sothis ease Is 9 M0.ENGELIPRm P: Mr.Powell. 9 different because there are utilities available to this t0 MR POWELLt The reason I indicated that 1 10 IOL 11 felt that it was a temporary use is that It's my opinion 11 MA rNam-SRECtm other comments? 12 that the property will become so valuable on 1.35 that 12 MR.PowELu That's why this particula: I S any kind of a sales Sot,wficther Iva-•1 don't can 13 plooe of land will become very valuable vm,quickly and 14 what you're selling-- Is not going to be the ultimate 14 you won't use it for it sales lot because it does have III 15 use w this particular plea of property within ten IS plumbing,so to speak. I 16 years, That's Just my gut feeling. 16 M0.DoNALOSON: And if I may,next wok at i 17 Ms.GANU& somebody may come along and 17 our work session we'll be dealing with the Draft Lard 18 offer them an offer they can't refuse and put somuhing 18 Use Plan end those sods of discussions and take a look 19 else In there. 19 at the plan and test it against your kka of the 20 Mtn. ENGBLBaECrrr: That's right. Minimal 20 regional community and oelghborbood renter that we've 21 investment on the property end you can move out. 21 outlined and we if you agree with them. If mot, 22 MS 0WRDIE: I'm just concerned that 22 recommend that we shrink them,expand them,whatever. 23 everyone decide to put up a minl-stasge,amnufachonx! 23 Mil ENoEuRECH,. t would add to that that 24 home,another mini-storage,manufacturer,so that when 24 at kest this one's in the middle of already developed 25 you come to Denton you say,Wow,this Is an Interatirng 2S areas where we will always have the pushes on the edge. Page 178 Page 180 I place tj cone to. I'm ILst saying that 1 think we need I we just gave Commercial to that one on Poclaus Age and 2 to be concerned about this lssue,Is that do we need 2 amv the next one will want it end then the next one. diversification? If we're going to strip commercial, 3 And it doesn't show that on the map,by the way,but the 4 what's the diversification ratio? How many of these 4 next one will be requesting. Is there my other S things can be this type of tang? 1 mean,I realise S comments or a motion? Yes,Ma Apple. 6 that's governmcnt and everyone says that's not good, 6 m&APPLE: 1'11 move to recommend approval 7 more government. But what do we do for ourselves? So 7 of Z-99-049 with the following conditions: that the 8 I'm done. My soap box is done. It permitted land uses exclude those specifically mentioned 9 MP ENGEL9ttECHT: well,I do want to make a 9 in Eaclon n 9;that lighting on the property L!11 be 10 comment on this and that in tams of these temporary 10 deigned and maintained m u not to shine on of I I uses,on one hand,I have a concera that you top the I1 odwAse disturb surrounding residential property or to 12 hill out at Corinth and you me a mass of menufecturod 12 shine end project upward to prevent the diffusion Into U home sales sites,one after mother,you know,all over 13 the night sky,that all loading dock and dumpster areas 14 the plow. The other side of it is having watched 14 shall be screened from view of I-35E by sold opaque IS wbat's going on on University Drive with now the 6" 15 saft-A either heroes,walls Of vegetstioa reaching a 16 car dealer leaving,L will tell you when they leave 16 height of sl least six fat above ride;that any rteW 17 you've got a much bigger hole and difficult bale to fill 17 exterior material shall not be allowed on any building r 18 than you will with these because when they pull those I s elevation visible From 1.358; and that all buildings on ' F 19 manufactureA homes off the property,It's vacant lard 19 this property be afrnxed to the ground in some moaner, 20 end you can develop with about anything. When the car 20 i,e.,foundation pler and beam,same type of permanent 21 dealer leaves you've Sot a giant building sitting tack, 21 foundation. , 22 which is s unique shape,and it lot of paved area and it 22 Ms.GANnL- second. U seems to me it's real difficult to go beck in and reuse 23 Mt ENOEt amaff: ht's been moved and 24 the property. 24 seconded to recommend approval with five coodidooa 25 MS 00uxnte t'm going to remember,as you W.GAMES: Did we decide that eve didn't PLANNING&ZONING JUt Y 14, 1999 3 4 Page 177-Page 180 r 1 I i �I I .i I II I r{ i Cond"WIt`" Pogo 181 Page 183 need to stipulate that RD does not Include manufactured I land Use Housiq Plan momuneedations and 2 homes? 2 implementation,et cetera,et odors. All part of the 3 M5 APPLE: 1 didn't thick it was relevant r 3 dndt plan, 4 Ms.GAWLR: that's what I'm saying,did we 4 And with that,we'll move onto the s deride that wt didn't need to Include IL 3 Director's Repoli. 6 MR.ENOELBREM: The term trailer, 6 (DIRECTOR'S REPORT GrAN BY MR.DOKWAON) 7 manurachucd--that's a standard••I'm trying to think 7 (ADMRNMCM 8 of the trade organization--the Federal Oovemnent 8 9 Standard List of products or whatever. 9 10 MR. BeFCEK: The n..nutes we going to reflect 10 I t that we don't think manufactued homes Come under that 11 11 definition. 12 13 MR.Domwsom we clarified It the last 1) 14 time because we were a little unowdertable with the l4 13 dermition within our current code that deri ed that. IS 16 MR REM, A trailer house Is a mobik home 16 17 but it doesn't say manufactured home. And staff'will 11 IB bocause that's mflocW in the minutes,Include a Dote Is 19 on that page. 19 20 MR.POwELL• Just a question,Mr.Chairman. 20 21 Do we have to do something with page 22A,the setbacks? 21 22 DO wr have to exclude that or is that-- 22 33 MR.REED: t think we don't. lie motion 23 24 says that the permitted land uses exclude those 24 25 speciricafly mendmW In Enclosure 9 so the motion 25 Page 182 1 actually!c referring only to 13,not A. , 2 Ms."wax: which says proNbiwd. 3 MR,REED. And in my presentation 1 just 4 wanted to remove any confusion about that. s MR.EIGELBRECNT: Good qucstion,Mr.Powell. 6 MA PGWE LL' if we don't have to do 7 anything, fine,I'll hush. 8 MR. ENGEIBRECHT: okay. Any other 9 discussion on the motion or questions? Ali in favor 10 raise your right hand. Opposed Same sign, I I MR :.SHELL Opposed. 12 MR.ENGETBRECHT: Motion chid six to One. 13 That nwves us to item 16 which we covered 14 in the --which was the briefing which we covered at the is ?AO o'clock break. However,Ms, McBeth asked me to 16 remind you that you rocchvJ In the null a memorandum F 17 which was asking fcc names to be provided for the Augur / A is 14th community workshop,on August the 14th. It's 19 August the 14th,Saturday the 14th,8:30 to 4.00 at 20 Calvin Middle School cakteria. 'chose were to hove bow 21 in by this last Mooday. If you bate Dot gotten tbax to 22 her,would you please do w. 23 The others'Item is a reminder that we do have 24 a special called rnoethV next Wednesday,the 21 st at 25 5:30 rigid]urea with regard to Growth Management and 35. PLANWNO &ZONINO)U LY 14, 1999 Page 181 - Page 183 t I I I s I I I NCH-LGLWOL I\SHA KEDKDEPTLGL'Uur A.�.ercnL'Orrinyan199�Z-g9M9 dx - I ' ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON.TEXAS,PROVIDING FOR A CHANGE FROM AGRICULTURAL(A)ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMERCIAL CONDITIONED [C(C)] ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 3.086 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF POCKRUS PAGE ROAD AND 1.35 EAST FRONTAGE ROAD,PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 52,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.(Z-99-049) �f WHEREAS,Chris McComb,on behalf of Alice Pockrus,has applied for a change in zoning for 3.086 acres of land from Agricultural (A)zoning district classification and use designation to Commercial Conditioned[C(c)]zoning district classification and use designation; and WHEREAS,on July 14, 1999,the Planning and Zoning Commission recommended approval of the requested change in zoning with conditions;and WHEREAS,the City Council 5-sds that the change in zoning will be in compliance with the 1988 Denton Development Plan,the 1996 Denton PIan Policies,and the 1999 Growth Management Strategies and Plan;NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation of the 3.086 arse I property described in the Iegal description attached hereto and incorporated herein as Exhibit A is 1 changed from Agricultural (A) zoning district classification and use designation to Commercial Conditioned [C(c)) zoning district classification and use designation under the eomp,ahensive zoning ordinance of the City of Denton, Texas,subject to the following conditions: A. That the permitted land uses exclude those described in the list attached hereto and incorporated herein by reference as Exhibit B. B. Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. C. All loading dock and dumpster areas shall Ls screened from view of I.35 E by solid, opaque,screens (fences, ills,or vegetation), reach)^g a height of at least six(6)feet above grade. D. That any metal exterior material shall not be allowed on any building elevation(wall) visible from 1.35 E. E. All structures must be permanently affixed(av i,,rted)to the ground by a foundation. 36. G t • F15FNRFD!UEFN.dtVOw�oeumenbbrdin�nen1991L�9F-019.doe I SECTION 2, That the Citys official zoning Wrap is amended to Show the change in zoning district classification. SECTION 3, That any person violating ary provision of this ordinance shall, upon conviction,be fined a sum not exceeding$2,000.00. Lach day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. That this ordinance shall become effective fourteen(14)days from the data of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle,a daily newspaper published in the City of Denton, Texas,within ten(10)days of the date of its passage. PASSED AND APPROVED this the day of .1999. JACK MILLER,MAYOR A•►TEST: i JENNIFER WALTERS,CITY SECRETARY i BY- APPROVE D AS TO LEGAL FORM: HERBERT L.PROUTY,CITY ATTORNEY BY: IL42 G`� c e l w lr 37 . Page 2 s EXHIBIT A ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN TILE GIDEON WALKER SURVEY, ABSTRACT NUMBER 1330, CITY OF DENTON,DENTON COUNTY,TEXAS,BEING PART OF A TRACT DESCRIBED IN A DEED TO H.W. POCKRUS,ET UX,RECORDED IN VOLUME 314, PAGE 183,DEED RECORDS DENTON COUNTY,TEXAS, AND BEING PART OF A CALLED 0.62 ACRE TRACT DESCRIBED IN A DEED TO H.W. POCKRUS, ET UX, RECORDED IN VOLUME 358,PAGE 505,DEED RECORDS DENTON COUNTY,TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A%INCH IRON ROD FOUND AT THE INTERSECTION OF THE SOUTHEAST LINE OF SAID 0.62 ACRE TRACT WITH THE NORTHEAST RIGHT- OF-WAY LINE OF INTERSTATE HIGHWAY 35E, SAID ROD BEING THE NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO A E. WYATT, RECORDED IN VOLUME 2304,PAGE 418,REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE NORTH 48 DEGREES 21 MINUTES 10 SECONDS WEST,Wl'H SAID RIGHT-OF-WAY, A DISTANCE OF 530.53 FEET TO A V,INCH IRON ROD FOUND FOR CORNER AT THE INTERSECTION OF THE NORTHEAST RIGHT-OF-WAY LINE OF INTERSTA7 E HIGHWAY 35E AND THE SOUTH LINE OF POCKRUS PAGE ROAD, THENCE NORTH 43 DEGREES 11 NIINUTES 27 SECONDS EAST,A DISTANCE OF 7:.95 FEET TO A FENCE CORNER POST FOUND FOR CORNER; THENCE SOUTH 85 DEGREES 47 MINUTES 26 SECONDS EAST,WITH THE SOUTH LINE OF POCKRUS PAGE ROAD,A DISTANCE OF 567.43 FEET TO A FENCE CORNER POST FOUND FOR CORNER AT THE NORTHERNMOST NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO ENDERBY E GAS, INC., RECORDED IN VOLUME 759,PAGE 433,DEED RECORDS DENTON I 1 COUNTY, TEXAS; THENCE SOUTH 41 DEGREES 36 MINUTES I I SECONDS WEST, WITH THE NORTHWEST LINE OF SAID ENDERBY GAS TRACT, A DISTANCE OF 147.80 FEET TO A FENCE CORNER POST FOUND FOR CORNER AT THE NORTHERNMOST NORTHEAST CORNER OF SAID 0.62 ACRE TRACT BEING THE WESTERNMOST SOUTHWEST CORNER OF SAID ENDERBY GAS TRACT; THENCE SOUT1161 DEGREES 02 MINUTES 41 SECONDS EAST, WITH THE NORTHEAST LINE OF SAID 0.62 ACRE TRACT AND THE SOUTHWEST LINE OF SAID ENDERBY GAS TRACT, A DISTANCE OF 90.43 FEET TO A 5h INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAID 0.62 ACRE TRACT WHICH ; IS THE NORTHERNMOST NORTHEAST CORNER OF SAID A E WYATT TRACT; THENCE SOUTH 43 DEGREES 41 MTNUTFS 02 SECONDS WEST, WITH THE SOUTHEAST LINE OF SAID 0.62 ACRE TRACT AND THE NORTHWEST LINE OF SAID A E. WYATT TRACT, A DISTANCE OF 291.13 FEET T07HE POINT OF BEGINNING AND CONTAINING IN ALL 3.086 ACRES OF LAND. 38. G G EXHIBIT B PROHIBITED USES •ihilofwi4i0 iiK:,othsheilu psrrnhis+9�In thli�',�'ar oitwri�ii' `:. (id , vrhh epproveQ�pecMo ine p�rmR chef be prolrbtlso htliie dWAcl ' ' 1. pdmvY.�'•� .. b; 1rr&merCwV«ale *nxPark 2 nel I •lhtalenrl and Bydel Usaa Cerel ryotMawWeurn b F{sknny Ff ago," a �ratN.amnserv.end tneldsntal Uas4 b; H"W4, 4POWon«Momwe"Towa. ,I• -nmanl Uau lDt e IF ira r Am OhlbKon • s(•h<e,oonm.rar n.rral•' 5. Aesomeh9sssnAeaUsaf a m r►w..arw«cpolrto a ' b P 8t«.,Used fw*"«Wrr rasp of 7. Agq9d�' uciLlm1]l0 b) A*W C*'k lGtMi 1 Plai Kemtl wlh r Will K"«Pwr C) Hsb#'wy,PO*Y Fud&ar. 0 8�mrapind Bde.el.F�artRurs,«Molsitoes ouLidi fcbuldYwl s7raDulbr>faiOtBWe; g Oteiaai Of k diltadm .�icifon�B.rW.GsAdM.BmtM,CkY.«Orswt • , * NOTES 8.d) The sal,@ of Manufactured homes is. Perm, tte.d. ., As 39. r- i AGENDA INFORMATION SHEET A'0«*No Apo dem Dale - AGENDA DATE: August 17, 1999 DEPARTMENT: Planning Department 1 ACN1: David Hill, 349-8314�[,�/ SUBJECT-Z-99.054: (CaAwryPreparalory.4cademy) Hold a public hearing and consider approval of a Specific Use Permit (FUP) to allow a private school located at 1910 E. University Drive, commonly known as the Denton Bible Church. The property is located on the south side of E. University Drive, between Nottingham Drive and Shawnee Street. The area is classifle3 as a One-family Dwelling 7 (Si:-7) zoning district. The Planning and Zoning Commission made no affirmative recommendation (3.3). (Z-99.054, Calvary Preparatory Academy) SPECIFIC USE PERMIT There are seven (7)criteria that a proposed land use must satisfy in order to receive a specific u!., permit according to Chapter 35 of the Code of Ordinances (see Attachment 1 - EncIosure 1). These seven criteria address compatibility, orderly development, adequate facilities, vehicular and pedestrian traffic, nuisance prevention, lighting, and screening between the proposed land use and existing land uses. A specific use permit should b: issued only if all seven(7) criteria are met. City Council can impose conditions that will protect the public interest and welfare of the community, including a time period for which a specific use permit is valid. A specific use permit can bo revoked or modified, after notice to the property owner and a hearing before City Council, if it is obtained or extended using fraudulent or deceptive information or if one or more of the conditions imposed has not been met or is violated. This authority provides the City of Denton the ability to ensure that any land use allowed by a specific use permit will operate in a continuous fashion consistent with the intent of the permit. BACKGROUND The site for the proposed private school is commonly known as the Denton Bible Church (see Attachment l - Enclosure 6). It is located in a Single-family 7 (SF-7) zoning district (see Attachment 1 - Enclosure 3). The proposed school is not directly sponsored by the church and thus is coo�iderctl "private," rather than "denominational," Chapter 35 of the Code of Ordinances (Zoning Ordinance) allows both public and denominational schools to b= located within single-family zoning districts by right, but not private schools. Such schools need to '. acquire a specific use permit. This is why the present request is before City Council, r Calvary Preparatory Acadcniy is proposing to use four (4) cxistiog buildings and parLing spaces on the property(see Attachment 1 - Enclosure 7). Outdoor activities will take place in the parking lot and existing playground area, Access to the buildings will be from University Drive. The operation of the school will not invol%c any changes to existing curb cuts (driveways). f 1 . i The proposed private school will offer 3'd through 12'h grade classes. Total current enrollment for this coming academic year is eighty (80) students. Hours of operation will be from 8:00 AM, to 3:30 P.M., Monday through Friday from August to May. The first day of classes is August 23, 1999,if the request is approved by City Council. Y The site is adjacent to residen10 neighborhoods (see Attachment 1 - Enclosure 2). A row of homes abuts the site to the south. Other neighborhoods are located across University Drive. ➢ The requested specific use permit is consistent with the policies of the 1988 Dcntoi Developmc .t Plan (DDP) as Tpplicable. It is consistent with the 1998 Denton Plan (W) Policies ano the 1999 Growth Management Strategies as applicable. EUBIAC NOTIFICATION Forty-four (44) property owners were notified of the request by certified mail on July 18, 1999 (see Attachment 1 -- Enclosure 4). One hundred and eighteen (l l8) courtesy notices were mailed. As of this writing, staff has received nine responses. Six (6) of those were received prior to the public hearing before the PIanning and Zoning Commission (see Attachment 1 - Enclovire 9) and since an additional three (3) have been received (see Attachment 3). Of those nine responses, four(4) are in-favor,one(1) is neutral, and four (4) are opposed to the request. ➢ A neighborhood meeting was held on July 26, 1999 at the proposed site of the school. Six residents from the surrounding area attended the meeting along with Dewayne Rcedcr, the applicant, and five other representatives of Calvary Preparatory Academy. No one opposed the opera lion of a school as outtined by the applicant at the neighborhood meeting. PRIOR ACT1ON/REVIEW The following is a chronology of Z-99-054,commonly known as Calvary Preparatory Academy: Application Dale- July 7, 1999 I DRC Datc(s)- ;uly 15, 1999 i 1 P&7. Date- July 28, 1999 1 City Council Date- August 17, 1999 i ESTIMATED PROJECT SCHEDULE The subject property is platted and developed. The proposed private school will need to receive a certificate of occupancy prior to opening its doors on August 23, 1999, if the specific use if' permit(SUP) is granted by City Council. + f��- t` FISCAL INFORMATION r i The concurrent use of this church property as a private school will have no net effect on the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the city. All public infrastruclure is in place to service this site. 2. r RICO Nh1ENDATION The Planning and Zoning Commission rnade a non affirmative recommendation (3-3) of the requested specific use permit with the following conditions: 1. That such use will be limited to the existing buildings as identified by the submitted site plan; and 2. That student enrollment is limited to three hundred (300) students with no more than one hundred and fifty(150) students attending classes on any given day;and 3. That classroom hours are limited to between 8,00 A,M. and 4:00 P.M., Monday through Friday from August to end of May; and 4. That an eight foot (8'-0') high solid wood privacy fence with steel posts shall be constructed along the southern property line abutting existing residential lots before the commencement of the school subject to the regulations in place for building such a fence in the City of Denton; and 5. That any change in lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. ADDITIONAL INFORMATION The applicant is opposed to the:equi,•ement to place an eight foot(8'-0') high solid wood privacy fence with steel posts along the adjoining property line between the church and the residential lots along Mohican Avenue. To substantiate the need of such a buffer between the properties, Mr. Reeder contacted the residents/property owners of these lots and provided them with a form to indicate their position on the condition of a fence, Eight (8) responses have been delivered to the Planning Department(see Attachment 5). Four(4) ire opposed to the eight foot fence and four(4)are in-favor of it. Staff suggested the condition for a fence to the Planning and Zoning Commission based upon comments received from adjacent property owners (see Attachment I Enclosure 9). This condition addresses three (3) of the seven (7) criteria for a specific use permit, including I, 5 and 7 (see Attachment 1 — Enclosure l). It is intended to increase compatibility b:twccn the properties, maintain the enjoyment of the use of the residential backyards, diminish additional noise that will occur during the hours of operation of fi school, and provide a buffer between the open area around the school buildings and the residential backyards. A site visit substantiated the need for some kind of bulT'er due to the close proximity of the buildings to be used and the backyards of the adjacent residential lots (see Attachment 4), A wood fence has already been installed along the playground that is located to the west of the buildings on the very western corner of the property(see Attachment 4—Photos 5-6 and Attachment 6). OP11ONS f t,'t 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. 3 . 4 S, ATTACHMENTS 1. Planning and Zoning Commission Report,July 28, 1999.99-054. 2. Planning and Zoning Commission minutes from July 28, 1999. 3. Additional Property Owner Responses(3). 4. Photographs, 5. Letters from Adjacent Property Owners/Residents along Mohican Avenue(8). 6. Map—Fence. 7, Draft Ordinance. Res c Ifully submitted, d, Mark Donaldson P d a Assistant Dilutor of Planning and Development kIT, ll j I I i r . r + , I� { 4 r • s -lip to r .J �t�l �4 •r NXT k �.� o �/ill f • R rr • �riy.w U It ly�il�` i ktJ�'�� •'e r -� 'I Innit J.� •l.l� . _ � a $ •�f� .f.• � M f .;�h'•, �� � �R ate^. •,t111 u r R x 11� �t �y't- •�L �'�'�R �'rr;,s.�i Ire ., �7 ® ®t �°aru..M+.i�IJ1..i •?•l �lJ/��.®�tJ I • r • • . : • � .: . . � . is UIV WIN YZ i I i� t Applicant: Dewayno Reeder Owner: Pastor Tom Nelson Calvary Preparatory Academy Denton Bible Church P. 0. Box 2171 1910 E. University Drive Denton, TX 76202 Denton,TX 76201 The applicant is requesting a Spacifc Use Permit (SUP)for a private school(see Enclosure 6). It W11 offer 3'' through 121h grade classes. Total current enrollment Is eighty (80) students. Hours of operation are from 8:00 A.M. to 3:30 P.M.,Monday through Friday from August to May. The first day of classes is August 23, 1999, if the request is approved by City Council. The proposed site is commonly known as the Denton Bible Church(see Enclosure 6). The school Is not directly associated with the church and thur,is considered"private;rathor than "denominational' Calvary Preparatory Academy is proposing to use existing buildings and parking spaces located on the wesiern portion of the church's property (see E. closure 7). Outdoor activities will take place In the parking lot and existing playground area. Access to the buildings will be from University Drive. The operation of the school will not Involve a,iy changes to existing curb cuts (driveways). The site Is adjacent to residential neighborhoods (see Enclosure 2). A row of homes abuts the site to the south. Other neighborhoods are lots A across University Drive. 1988 Denton Development Plan Analysis The 1938 Denton Development Plan (DOP) shows this area to be within a Low Intensity Area. These areas are Intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small commerciallretail centers spaced at about mile intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas Is restricted to 60 trips per day per acre In order to balance land use with road capacity. Staff finds the proposed development to be consistent with both the policies and trip Intensity standards of the 1988 DDP. 1998 Denton Plan Policies Analysis The 1998 Denton Plan(DP)Is to be used In conjunction with the 1988 Denton Development Plan In evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be consistent with the policies of the 1998 DP. The 1998 Denton Plan (DP)policies and tho 1999 Growth Management Strategies and Plan are to be used in conjunction with the 1988 Denton Development Plan In evaluating the consistency of proposed development with the long range vision for the city'. The Growth Management Plan shows J, this property to be In an Existing Residential Area. Staff finds the proposed request to be t !' consistent with the adopted Growth Management Plan and Strategies as well as the 1998 DP Policlus. 2 99 0"PZ StaT Repatt" F nuary 14, 1989 --The subject property was placed in the Single-family 7(SF-7)zoning district and I land use classification by Ordinance 69-01 which adopted the comprehensive zoning ordinance and map for the City of Denton (see Enclosure 3), The subject property Is platted and developed. The proposed private school will need to receive a certificate of occupancy prior to opening its doors on August 23, 1999,if the spec4c use permit (SUP) Is granted by City Council. Notice of the zoning request was published In ttie Denton Record-Chronicle on July 18, 1999. The legal notices were mailed to all property owner` within two hundred (200) feet of the entire lot, on which the scl cool will be located, even though the epecifIc use permit will be for only a two acre portion (see Encosure 4). Thus, the mail out exceeded the requirement for the request and reached a larger number of surrounding property owners. Forty-four (44) property awners were notified of the request on July 18, 195'9, In addition, one hundred and eighteen (I 18) residents were sent a courtesy notice, Informing them of the proposed private school. As of this writing,there have been six (6) responses. Four(4)are in-favor, one (1) Is neutral, and one (1) Is opposed. The applicant and staff arranged for a neighborhood meeting on July 26, 1999. It will be held In Portable Building 11 at the site of the proposed private school. The neighborhood meeting notice was mailed with the other notices, reaching more than one hundred (100)Individuals. Staff will present the results of the neighborhood meeting, during the public hearing. A Staff finds the request to be compatible with existing rand uses surrounding the site. The request Is to use existing buildings and Infrastructure, not 10 b iild more,for the operation of a private school. If this was either a public or denominational school, it would be permitted by right within a Single- family 7 (SF-7)zoning district. This school will operate In a similar fashion to such land uses. Staff recommends approval of Z-99.054 finding that it meets the seven (7)criteria of Section 35-112 of Chapter 35 of'he Code of Ordinances with possible conditions based upon neighborhood input (see Enclosure 1). These conditions, if any, will be discussed during the publio hearing. r ' r ' j Z-99 0'r4 DI SOT MrorU dx 7 . I I i I •I I move to recommend approval of W064 fi4np that N meets the seven(7)criteria of Section 35.112 of Chapter 35 of the Code of Ordinances. i i 1, Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial, 4. Postpone consideration. 6. Table hem. 1. Specific Use Permit Criteria (Section 35112 of Chapter 35 of the Code of Ordinances) 2. Vicinity Map 3. Zoning Map 4. 200'•500' Notice Map 6. Denton Mobility Plan Map 6. She Plan of Denton Bible Church Property 7. Site Plan of the proposed private school 8. Applicant's Letter 9. Property Owner Responses (6) 10, Draft Ordinance R Z."054 r1 Staff RepaUAX 8. 1 t s ENCLOSURE 1 8e0. 35.112, Conditions for approval. A specific use permit shall be issued only if all of the following conditlons have been found: 11) That the specific use will be compatible with and not injurious to the use and ertloy merit of other property nor significantly diminish or impair property values within the immediate vicinity; (2) That the establishment of the specific use will not Impede the normal and orderly development and Improvement of surrounding vacant property; f (31 That adequate utilities,access roads,drainage and other r.•xesary supporting facil. sties have been or will be'provided; i (4) The design,location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent ideveiopments; (5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes,dust, noise and vibration; (F) That dlrectlotW Ughting will be provided so as not to disturb or adversely affect neighboring properties;and (7) That there is sufficient landscaping and screening to ensure harmony and t,rmpati• bility with adjacent property. (Ord. No.69.1,4 I(App•B,Art. 10E), 1.14419; Ord. No. 61.103, 11, 11381;Ord.No. 84.92, 1 1, 7.2484;Ord, No. 8853, 11 1, 2, 2.19.85) See, 3b-113, Additional conditions, InAuthorizin as ificuse rmit,tbe 1 g PM >k planning and eoningcommiseton may retvmmend and the city council may Impose additional reasonable conditions necessary to protect the Public interest and welfare of the community,Including a time period for which a specific use permit Is valid. (Ord, No. 69.1,1 1(App.B,Art. 10F), 1.14.69;Ord. Na.81403, 111. 11-3-811 Ord.No. 84.92, 1 1, 7.24.84;Ord. No. 85-33, If 1, 2,2.19.85) • t Sec. 88.114. Time limit. A specific use permit issued under this division shall become null and.vrld unless eon• struction or use is substantially underway within one(1)year of the tssuanes of the permit, unless an extension of time is approved by the city council (Ord.No. 69.1, 11(App.B,Art. 100), 1.14.69; Ord. No. 81-103, 11, 11.381;Ord.No. 84.94, i 1, 7.24.64; Ord. No.$3.33,If 1,'2, 2.19.85) Sec, 85.115, Revocation. �r A specific use permit may be revoked or mo6itied,after notice to the property owner and s hearing before the city council,for either of the following reuons: r !' (1) The specific use permit was obtained or extended by fraud or deception;or (2) That one 11)or more of the conditions imposed by the permit has not been motor has been violated. (Ord. No.69.1, 1 I(App,H, Art. 10H), 2.14.69;Ord. No.81.103,11,113.811 Ord. No.84.92, 1 1, 7.24.84; Ord. No. 8553,111, 2,2.19-85) 9. 1 t i I i I ENCLOSURE 2 Z-99-054 (CALVARY PREPARATORY ACADEMY) NORTH wb so arm' WA046jd op I +roe* ■ to� ;� 1 .� I ill r 'y�.n`mgl w a° f!� VA of •v L VICINITY MAP E ' t� Agenda Date: July 28, 1899 deslo: None 10, c c� ENCLOSURE 3 {' M, NORTH Z•99.054 (CALVARY PREPARATORY ACADEMY) XF J rrrr 1 . . + • 60-7 MF2 / SM0 !� j 1.1 ( � �� �a . � �, l e i/ all eR•7 CA : OD 7 • • � (u'•71 '' A a / df • '. 4' ZONING MAP f Agenda Date: Jufy 28, 1999 Scala: None 31. c ' ( , ENCLOSURE / NORTH Z-99.054 (CALVARY PREPARATORY ACADEMY) I I .i�a Ida's+'ai-aa ' 240 FOOT BUFFER t* •r.r� rr � � ,tip k I ; r is I •• D ■ I :;;,'aV 500 FOOT BUFFER i 200-500 FOOT NOTICE MAP 3 I I ( Agenda Dale; July 28, 1999 sole: None 12, I i ENCLOSURE 5 i I NORTH Z-99.454 (CALVARY PREPARATORY ACADEMY) I Fne 12 .0 0..aaK4� IMF 0.21 N1*4AW 1a i'Y , w . .yew ■ • w 1 r Wo re .) ��■ bill J• 1 �w ■ w 1 ra4i�i 7 , ■ 1 \ QE7A i, � f f \ ti. IF i DENTON MOBILITY PLAN MAP �v Freeways Primary Major Arterials Secondary Major Arterlals Collectors Agenda Date: July 28, 1999 . Scala: None 13. I �J I . 1 ' c� I ll I i I i ENCLOSURE 6 lYBR9I19' D� RIVE IL IP1 _ L�IWII"WI♦1. 141'/11� 1i� WIIH��111 ��1 X111 YY+�+a li 1 1-VI-F I 14. ---- i U , 1 ' c, 1 1 + ENCLOSURE 7 I y s�rvc-'vre • r 1Y�'�� sc'noo� uNraRSITY DRIVE Wv r � c 1 c �F ENCLOSURE g Spedfle Use Permit Application, AddeWonallnfotyttatlon Calvary Preparatory Academy Description of"quested use: Calvary Preparatory Academy is a put-time private school *^faring academic and i elective classes for grades 3.10,and elective classes fcr grades land 2. Students attend class on alternate days,the Jr. High and High school are in ,1 tss on Mon day,Wednesday, and Friday while the Elementary are in class on Tuesday mad Thursday. Off campus days are used to complete class assignments under the toper-Anion of pa»n•.s in the students home. Total current enrollment is approximately 90 students as of 7!1199, which includes sprox 60 elementary students and 19 Jr.High and High School students. Hours of operation are.from 9:008 m to 3:3tpmr Monday through Friday with the school year going from mid August to,mid Iv y, • s a Site Plan Notes: Total Acres in request a• Toe area subject to the use of the school is sprox 2 acres as marked on the site plan, .activities and proposed use General schoo activities and as described above. School hours are Aom the sathod drop off time of a Mom,classes start at 8:20sm and coatiyue to 3:30pm No on site food prcpaistion aythe campus will be"bYloowu bag" Out door activities, such as PE classes will be completed in the parking area,existing playground area,and in the Samrall Center facility. Locution and Description of existing Buildings No changes to the existing facility are planned Existing buildings: sumpall Center One story, 20'height, gable roof, aprox,6,000 sq8 existing building Leornfng Center I Two Story, 23' height,gable roof, aprox 12,000 sgit total floor space,Existing Building Portable Btetldings 1 h 11 One story,10' height, gable roof,1,500 Sqft Part.], 1230 90 Port. 11 existing building Utilities, Drainage, and rrafcfacilitp No changes in facilities,traffic flow,or landscaping Fences t Existing fences between the houses south of the propoq and the woo of the rogoest are chain link of various heights. .SAW No signs addod for the school , t, U CALVARY PREPARATORY ACADBMY Tull 20, 1999 City of Denton Planning and Developme9it Departrtient Mc.Wayne Reed Gty Hill vist 2:1 N. Elm Dcritun, TX 76201 RE: Calvary Pee•psratory Academy Special Use Wtrrit Parking a%-*ilability Dear 1X'sync In cegarnb to the parking available st the Dentun Bible Facilities st 1910 E. University plesse note: gpncaa aviilable Commaah 1ota1 available parking. 576 spices Note: this includes all parking in the lots near the building we will be wing and those uff of Nottingham. This total does not include and additional 160 spaces vh ich hive been budgeted and funds secured for the e tion. The future total Grill be 736 spaces. 25 spaces are available irrvtediately adjacent to These spxcs should accummxlateut u! rh:three building vx will be using our faculty and staff. 170 spaces are available on the 2 tern that ate These am available it all time for additional subject to our A tmntt with Dentott Bible parkin¢and ally special event As ar discussed the available packing is more that amplc to accommodate both the weekday fumdons of Denton Bible and Calvary Preparatory Academy. Uk ace plir"rig no changes in the traffic flow changes in the parking area of Denton Bible Church. If there ire any additionsl issues in rercJs to traffic ur parking pletne let me krvrx Best regards, At'., r Dewayne Reeder ! (Jr 1 PH: 940.498.9328 IV sus pill, salesmen, rx rrru9 rato,it, 94Cars.tui . rAle 9+0a00.9se0 17, i NOTICE O'FE 'PUBLIC HEARING e Z-99-054 The Planning and Zoning Commission of the City of Denton will hotd a public hearing on Wednesday, July 26, 1889, to consider a request for a Speciffo Use Permit (SUP) for a part-time private school located at 1810 E. University Drive, commonly known as the Denton Bible Church (see map on backside). The property 1s legally described as Lot 1R,Block A, of the Denton Bible Church Addition,In the City of Denton, Denton County, Taxes, The area is clessilled as a Single-family,? (SF-7) zoning dlstdd The public hearing will start at 6:30 p.m, In the City Council Chambers of City Hell located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, fhu Planning and Zoning Commisskm would like to hear how you feet about this zoning change request and Invkes you to offend the public hearing. Please, In order for your opinion to betaken Into account,return this form with'your comments prior to the date of the public hearing. (This In no way prohfbffs you from affending and partfcipstlnJ In the public hearing.) You may fox li to.the.,. number located at the bottom,mall It to the address below,or drop It off In—person: Planning and Development Department O C E � W E 221 N. Elm ST O Denton,Texas 70201 JUL 2 1 1999 Attn: Wayne Reed, Planner II The zoning process Includes two public hearings deslgned to provl �l.ppp9rww �QC Involvement and comment. Prix to the public hearings, landowners W 0 hundre .� the subject property are notified of the zoning request by way of this notice. The first pub.c hearing Is held before the Planning and zoning Commission. The Commission is Informed of the percent of responses In support and in opposition. Second, the zoning petitions forwarded to the City Counol for final action providing the Commisslon recommends approval. Should the Commission recommend dental, the pelitloner may then appeal the request to the Oty Council. If owners of more than twenty (20)percent of the land area within two hundred(200)feet of the site submit written opposition, then six I out of seven votes of the City Council are required to approve the zoning change. These forma an used to cafcufato the percentage offindowner opposition. Please circle one: =favor ues4 NNoutral to requejjt Opposed to requect Comments: / ru'cti r1� � - y� -c�tihk�t�e �yi a.1J Printed Name: Mn &I'&L 14 , tq i £ •�•/32�7� Melling Address: A � i City,Slate Zip: D 'relephone Number, ? — —/5 i i, \ Physical Add.ess of property within 200 feet: !�iu CITY OF DtNTON, TEXAS GTY HALL WEST • DEWON,TEXAS 76201 • 0403411AW • (F)940319.7707 t•soasr e�arraiu.a« 18. JUL-21-99 03143 HM P.01 NOTICE OF PUBLIC HEARING Z-09-004 TM Planning and Zoning Commission of the City of Denton Wit hol.1 • public hearing oti Wednesday, Jury 28. 190, to consider a request for a Specific Use Permit (SUP) fora part-time private school located at 1010 E. University Drive, commonly known as the Denton Bible Church (sw map on backside). The property h ally described as Lot 1 R, Block A,of the Denton We Church Addition,In the City of Denton. Uanion County, Texas. The area is classified as a Single-famBy 7 (8F•7)zoning dlstr1d. . TM public hearing will alert al S:JO p.m. In the Clty Council CMmbere of City Ha11 located a1215 E. Mc10nMy Stre et, t)enton, Texas. seceuse yrorr own props wftMn two hundred (200) Rset of the subJaN property, trle PHnnfip and zoning Commisafon lure to hNr how you Reef about Mfa :onJag MenQ0 nqueat and lnWtea you to attend the puJtlfe hearprp. Pluss,In oroer for your opinion to be taken Into aceounk reNm this form with your eommenla prior to the date of the public hearing. (TNs In n0 cosy prohloRs you Rrom spending ertd paRklpatrrp M fits public haartnp,) You may tax h to the rwmber locoed at the bottom, mail It to 1M address below, or drop h ott k1 pereon: Plenntnp and Development Department 221 N.Sim IT Denton,Texas 7201 Attn: Wayne Reed,Planner II The zoning process Includes two public hearings designed to provide opportunldaa for citizen Involvement and comment. Prior to the publie hearings, landowner* within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The llret public has" h hold before the Planning and Zoning Commission. The Commission Is Informed of the percent of response! We uppoR and M opposition. Second, the zoning petltton N forwarded to the City Council for Rnal action providing the CommJsalon recommend' L roval BMuld !M Commi$sion ntKOrrxnend doNai, the petitioner may then spppeat the regwst b City Covrrp. N owners of rmre then twenty (20)percent of the land aroa within two hun'red (200)fset of Ns alle submit writNn opposition, then six out o/seven voles O tM City Coarsen w requlred to approve Cre zonng change. Thw toms are used to oefeWeN the percentage of Men nor opposWoo. Pteasa elrele one: M favor of ro cost Neural to request Opposed to request continents: Signature: r _ .2 r Primed Name: / t ' JUL 2 1 M1 D Mailing Address: 4 City, State zip: DEVFLO�iTNT Telephone Number. Physical Address of Property within 200 feet: C Of OLJYTOJV, TEXAS OV HILL WW s OWM,YLW 71201 WA4#.auo (r)140.341.1701 seaos+roarbue.see r 1 ..01r c NOTIC OF 'PUBLIC HEARING Z-99-054 The Planning and Zoning Commission of tht City of Donlon will hold a publlo hearing on Wednesday. July 20, 1999, to consider a request for a Spodflo Use Permit (SUP) for a part-time private school located.at 1910 E, University Drive, commonly known as the Denton Blbie Church (see map on backside). The propery Is legally described as Lot 112,Block A of the Denton Bible Church Addition,In. the City of Denton, Denton County, Texas. the area ts'cleselfiad as a Single-family 7 (SF-7) zoning district The public heaMg will start at 5;30 p.m. In the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and toning Commission would like to host how you feel about this zoning change request and Invites you to attend the public hearing. Plaess, in order for your opinion to be taken Into account, rAtum this form with your comments prior to the date of the public hearing. (This In no way prohlb✓fs you from attending and participating In the public hearing.) You may fax it to the number located at the bottom, mall it to the address below,or drop It off in-person: Planning and Development Dopertment 221 N.Elm ST Denton,Texas 70201 Attn: Wayne Reed, Planner 11 The zoning process Includes two public hearings designed to provide opportunities for citizen Involvement and comment. Pft to the public hearings, landowners wlthln two hundred (200) feet of the subject property are notilied of the zoning request by way of this notice. The first public hearing Is held before the Planning and Zoning Commisaton, The Commisslon Is Informed of the percent of responses In support and In opposltion. Second,the zoning petition is forwarded to the City Coungil for final action providing the Commlaslon recommends approval. Should the Commisslon recommend denial, the petitioner may then appeal the request to the City Council. If owners of more then twenty (20) percent of the land area within two hundred(200)feel of the site submit written opposition,then six j out of seven votes of the City Council are required to approve the zoning change. Mass,forms sr► used to calculate the perconfaga of fandowner opposition. Please circle one: rt s,4or of request Neutral to request Opposed to request Common s: i Signature: Printed Name: ,,, �}� JUL 13 1494 Matting Address; IQ? JA (an I Ajftd City, State Zip: _ Q&mkn PLANNING & DEVELP! ENT �'' A Telephone Number. Physical Address of Property within 200 feel: 1 J�UIQ2'Y�tlfir� 01TV OF DEN TON, TEXAS CTtY HALL WEST DENTON,TEXAS te901 0403493M (F)040.340.Mt !•o0d34 W Wke.dod 20. - I ( NOTICE OP PUBLIC HEARING Z-99-054 The Planning and Zoning Commission of the Clty of Denton wail hold a Pu')Ilo hearing on Wednesday, July 28, 1899, to consider a request for a Spedflo Use Permit (SUP) for a part•time located of 1910 E. University Drive, common b pdveta school backside). The Properly Is legally described as Lot 11 known A.of the Dentonf 8Me(ChhuurcheAddition,In I 1 the City of Denton, Denton County, Texas. The area W classified as a Single-family 7 (SF-7) zoning d stdc. The public hearing wit' alert &16:30 s p.m, In the City Council Chambers of City Hell located at 216 F. McKinney S?real, Denton, Texas. 9; In you own property within two hundred (200) lea( of the �ubJecf property, the Planning and Ioeleg Commission would l/ke to hear how ynu feat about this zoning change request end!nvltea you to attend the publ/o hearing, Please, [no rder for your opinion to betaken into account, return this form with your comments prior to the dale of the public hearing, (This In no way prohibits you from eNending and Farlk7paUng!rt the pubt/o hearing.) You may fax k to the number located et the twttam, malt It to the address bstow,or drop off lr•person: Planning and DOVatopment Department 221 N. Elm ST Denton,Texas 70201 Attn: Wayne Roed,Planner II The zoning process Includes two public hearings designed to provide Involvement and comment. Prior to the public hearings, landowners within two hur�idnred(200) fetet of on the subject property are nollhod of the zoning request by way of this notice, The flnl public hearing Is held before the Planning and Zoning t7onunlsslon. The Commission Is Informed of the percent of rosponses In support and in oPposlUon. Second, the zoning peUtbn is forwarded to the�lty Coundl for final action providing Uie Commission reoomrnende approval. Should the Convrrleslon reoommand denial, the pell"oner n(ay than appeal the request to the City Coundf. If owners of move than twenty (20)percent of the land area within two hundred (200)feel of the site submit written opposltlon, then six out of seven voles of the City Council ere required to approve the zoning change, Theaa forma ens usedtocalcuhtethepsrnnt Isoflandowneropposl6'on. Please Clrcl4 one: In favor of request Neutral to request p Comm�.onts:e � .�/ ppoeedlorequest O d � Signature: A y ry r (/ Q CPrinted Name: f' I a �� eo �n r���j Y.Stale Zips�,Lq�: ..� I5 (b lS v E Telephone Number. _ 4rro � 3 p,� . �y ri, JUL 2 3 1999 Physical Address of Property within 200 feet: PLANNINn CI?'YOFDENTON, TWS C(TYRALLWEBT oEHroN,T" 7e201 (q wo.s4o.no? zraasr aoonk�.,� 21. Me ad c i NOTICE OP PUBLIC HEARING Z-99-054 , The Planning and Zoning Commission of the City of Denton will hold a publio hearing on Wednesday, July 28, 1888, to consider a request for a Specific Use Permit (SUP) for apart-Ume private school located eat 1810 E, Vversity Drive, conunony known as the Denton Bible Church (see map on backside). The property Is legally described as Lot 1 R, Block A,of the Dent--n Bible Church Addition, In the City of Denton, Denton County, Texas. The area Is classified as a Single-family 7 (SF-7)zoning district. The public hearing will start at 6:30 p.m. In the City Council Charr,bers of City ball located at 215 E, McKinney Street, Denton, Texas. Because you own property within two hundred (204) feet of the subject property, the Planning and Zc•ring Commisalon would like to hear how you feel about this zoning change request and Invites you to stoond the public hestfog. Please. In order for your opinion to be taken Into account,rotum this form with your comments prior to the date of the public hearing. (This In no way prohibits you from attending and parfWpating In the publlo hearing.) You may fax it to the number located at the bottom, mall h to the address below,or drop It off In-person: Planning and Development Department 221 N.Elm ST Denton,Texas 78201 Attn: Wayne Read, Planner II The zoning process Includes two public hearings designed to provide opportunitles for dtizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200)feet of the subject property are notified of the zoning request by way of this notice, The tint public hearing Is hold before the Planning and Zoning Commission. The Commission Is informed of the percent of responses in support and In opposition. Second, the zoning petition 1s forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20)percent of the land area within two hundred(200)feet of the site submit written opposition,then sb, out of seven votes of the CHy Council are required to approve the zoning change, 7riese, forms are used to calculate the percentage of landowner opposition. Please circle one: In favor of request Neulrel!o reques Opposed to re us Comments: -yrl orty eonc�r+� 1; �l�,x:� ��Q�� bpet� v»/ xcr �v� �-n �(a/ae o��/ �,t`i, f;o Est ri�L vh7f� l .eye iS !u s / VtFe � •o-s. eo ��t . rk� xa Signature: v �Ge-7(-0` E C E Q W E Printed Name: —400 7P ` D Melling Address lir,3' .1 W06J R JUL 23 1999 r City,State Zip: ,0.*a h ~" 4P 2,0,e r A, r Telephone Number. i CANNING & OEVELOPMENT < f' p _ 99'D -`F 7 -77 Lsf Physical Address d Property within 200 feet: i C1TY OF DtcNTON, Tawas CrTY HALL WEST DEMON,TEXAS ?6201 040,3+0.4250 • (F)1140,349.1707 z.s2 ose sar rroau.ax 22. I r k NOTICE OP • PUBLIC HEARING Z-99-054 The Planning and zoning Corrunisslon of the City of Denton wilt hold a public hearing on Wednesday, July 28, 1999, to consider a request for a Specfio Use Permit (SUP) for a part-time private school located at 1810 E. University Drive, commonly known me the Denson Bible Church (see map on backside). The properly Is legally described as Lot 1 R.Block A,of the Denton Bible Church Addition,in the City of Denton, Denson County, Texas. The area is classified as a &Ingle-fomlly 7 (SF-7) zoning ' ` dlstdd The public hearing will start at 6:30 p.m. in the City Crmcil Chambers of City Hall booted at 216 E. McKinney Street, Denton, Texas. Because you own property wphln two hundred (200) feet of the subled property, the Planning end Zoning Commission would like to hoar how you feel about thls zonfog change request and Invites you to offend the public hearing. Please, In order for your opinion to be taken Into recount, return this form with your comments prior to the date of the public hearing. (Thle In no way pruhlbffs you from atfending and partklpating In the publk heaft.) You may fox it to the number located at the bottom, mall It to the address below,or drop it off In-person: Planning and Development Department 221 N.Elm 8T Denton,Texas 76201 , Mine Wayne Reed, Planner II The zoning process Includes two public hearings designed to provide op*WnlUes for citizen Involvement and comment, Prior to the pubro hearings, landowners within two hundred (200)feet of the subject property are notified of the zoning request by way of this notice. The first public hearing is held before !ere Planning and Zoning Commission. The Commission is Informed of the percent of responses In support and In opposition. Second,the zoning petition Is forwarded to 6a City Cour4l for final action providing the Commission recommends approval. Should the Commisoitn recommend dental, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20)percent of the land area within two hundred(200)feat of Ins site submit wriNen opposition,than six out of seven votes of the City Council are required to approve the zoning change. Those forms are used to calculato the percentage of landowner opposidon. Please circle one: in favor of request Neutral to request Oppmsed to request Comments: f3lgnaturs: .�1., V ,. D HEM n Printed Name: I I MallingAddress: EUL r'-19 tttJJJ City, State 7Jp: _J)e a An_-ij �n l _ ._. . - r ' A: TeiephoneNumber, �'1�,.�'i,�aj, PLAtIMNO t4 p!%i .'J:1cNT Physical Address of Property within 200 feet: I Jh r.-P+ A� Ie—aw Avg CITY OF DENTON, TEXAS MY t44LL WEST I DENTON,TEXAS TMI 640a404M - (F)640.349.M7 :•00-M O N*A Joe 23. r t II i / ENCLOSURE 10 r ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO ALLOW THE OPERATION OF A PRIVATE SCHOOL ON 9.578 ACRES OF LAND LOCATED A 1910 E. UNIVERSITY DRIVE ON THE SOUTH SIDE OF EAST UNIVERSITY DR1V TWEEN NOT71NO11AM DRIVE AND SHAWNEE STREET,WITHIN A SINGLE-F (SF-7) ZONINO DISTRICT CLASSIFICATION AND USE DESIGNATIO VID 0 FOR A PENALTY IN THE MAXIMUM AMOUNT OF$2,000,00 FOR VIOIgt EREOF; AND PROVIDINO FOR AN EFFECTIVE DATE. (99.054) �AS, Dcwayne Reeder,on behal f of Denton Bible Church,has applied for a specific use permit to allow the operation of a private school on 9.578 acres of land locat7d on the south side of East University Drive,between Nottingham Drive and Shawnee Street, within a from Single- family 7(SF-7)zoning district classification and use designation;and WHEREAS,the applicant has Indicated that the proposed private school will use existing buildings and parking spaces on the subject property, will have a maximum enrollment of five hundred(500)students using existing build'••i,-.will limit classroom hoursbetween 8:00A.M, and 5,00 P,M., Monday through Friday from August to end of May, and will require no changes to existing utilities,access to roads, drainage, and other necessary supporting facilities;and WHEREAS,on July 28, 1999,the Planning and Zoning Commission recommended approval of the Specific Use Permit for a prvale school;and WHEREAS,the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan,the 1998 Denton Plan Policies,and the 1999 Grw,vth Management Strategies and Plan;NOW, THEREFORE WHEREAS,the City Council finds that the Specific Use Permit wi ompliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policie WHEREAS, in accordance with Article III, Divisio 35 of the Code of Ordinances of the City of Denton,Texas,the City Council Ill the following conditions exist: ;/ That a private school limited to the use of the existing buildings as Identified by the site plan attached hereto and Incorporated '-.erein as Exhibit "B" and limited to classroom hours between 8;00 A.M. and 3:00 P.M,, Monday through Friday from August to end of May will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; 0 i r That the establishment of the specifi.use for private school that requires no changes to existing utilities, access to roads, drainage, and other necessary supporting facilities will not impede the normal and orderly development and improvement of surrounding property; 24. t i i I II E it I i i { it That adequate utilities, access roads, drainage, and other necessary supporting facilities are provided; That the existing design, location,and arrangement of all driveways and parking spaces provides for the.afe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise,and vibration; Tlrat directional lightiM will he provided so as not to disturb or adversely affect neighboring grope i it That there I u rent landscaping and screening to em,ure harmony and eompatibw cent properly;NOW,THEREFORE, THE COUNCIL THE CITY OF DENTON HEREBY ORDAINS: US=. That a specific use permit to allow to allow the operation of a private school on a 9.578 acres of land described In the legal description attached hereto and incorporated herein as Exhibit"A"and located on the south side of E. University Drive,between Nottingham Drive and Shawnee Street, within a from Single-family 7 (SF-7) zoning district classification and use designation,and the attached site plan attached hereto and Incorporated herein as Exhibit"B;'are hereby approved subject to the following conditions I, That such use will be limited to the e:;isting Luildings m Identified by the site plan attached hereto and incorporated herein as Exhibit"B'; and 2, That student enrollment is limited to five hundred (500)students with no more than three hundred(300) students attending classes on any given day; and 3. That classroom hours are limited to between 8:00 A.M. and 5:00 P.M., y through Friday from August to end of May;and 4. That a(6) foot high sold masonry fence shall be constructed on south m properly line abutting cgisting residential Iots before the commeng f I in 2001 subject to the regulation in place for building such a fe y of Denton;and 5. That any change in lighting on the property shall be design d rnaintsined to m not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion Into the night sky, SECTION 11. That the City's official zoning map Is amended to show the change in toning district classification. SECTION 111. That any F son violating any provision of this ordinance shall, upon At conviction,be fined a sum not exceeding$2,000.00. Each day that a provision of this ordinance It violated shall constitute a separate and distinct offense. 25. i I u SECTIO�y. That this ordinance shall become effective fourteen(14)days thorn the date of its passaga, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton R xord-Chronicle,a daily newspaper published in the City of Denton, Texas,within ten(10)days of the date of its passage. I PASSED AND APPROVED this the day of JACK bSItLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY BY: j 26, l t •:7 ATTACHMENT 2 Page Si I I situation either way, r rowan. j 2 so I would Hie to make a motion to approve 2 ma.rowEw Mr.C.balroM.if I might 3 the variance with the conditions that the channel be 3 explain my abstcation. I don't think 1'te ever 4 developed as a private drainage easement with the City 4 sbswned bee before in my life,but I wasn't here to S having the rights to maintain- S hear the ngunreota 1 didn't feel qualified and my vote 6 MR,SUCEK: With the City having the right 6 would not have affex.ted the outoax so,Oxmfom,I 7 to maintain if the property owners,fail to maintain the 7 abstained, g party. I ML OMORECHT: that's precisely Why I 9 W.GOURDIE: Okay. if the property OarKra 9 asked that because 1 assumed you might want to do that 10 fail to maintain and the City has the right to put Pens 10 Okay. Great ComrrJWooers,It is 10 till. We have •- I I on the properties if the work is not performed. 11 our next can is a aening change for specific use permit 12 MR, ENGELBRECHT: And this would be for the 12 on University at Nottingham. Do you want to go ahead U entire subdivision? I3 and take that can before the break cc do you went to 14 MR.BUCEK: Yea,this is on the plat that's 14 break now? Break okay. Well,we'11 break and come Is before you. it's not just the two lots. This is for 15 back and take this ease. We don't know how long it 16 the •• Is it seven lot plat? Is could go. I didn't think this last one would go SO 17 MR.DONALDSON: Twelve, a minutcs. All rigaL We will return In approximtely 30 to MR.BUCEK: TMTlve lot plat. I minutes. 19 mil.DONALDSON: And we're making a i9 (Dinner break taken) 20 recommendation of approval. 20 Ma:WGEURECHTr Ali righL At this tone 1 21 MR, SUCEK: Right. 21 will reconvene out public hearings. We will continue 22 M.APPLE; 1'd like to second that motion. 22 with Item No.6,hold a public hearing and consider a 23 MR.ENGELBRECIII: There has been a motion 13 request for a Weir:use permit for a private school 24 which I'm not going to attempt to repeat and a second, 24 at 1910 E.University Drive. The property is located on 23 which basically,I believe,recommends approval of the 2s the soud"o tamer of University Drive and Nottingham, Page 50 Page 52 1 vaw'iance with certain conditions attached to the plat. I as is coaunonly known as Denton Bible Church. The 2 Any discussion on the motion? 2 private school,however,is not to be run by the Denton 3 Mk.MoRENo.. Mr.Chairman,I'm going to vote 3 Bible Churck At this tame 1 will open the public 4 for the rr,otlon because i don't like concrete shin, 4 hearing and I believe Mr.Reed Is goirr o provide us S MR.APPLE: The little Critter,will like it S with the staff report. Sir• e better,ton. 6 ML W WELL Mr.Chairman,before W. Reed 7 MR.ENOELBRECHI': 1 would tend to agree with 7 ,tarts,I would like Mr.Busk to eonfiren my membership a the motion. I have sonic concern about doing this very a here. 9 often,this idea of setting up these private easements. 9 MA auclx: Ya,at the break Comrrdasloaer 10 This is not a real large area. 1 would much have 10 Powell wanted to be sun his position oa the Board•-on I I preferred to we it in the natural state and 1 11 the Commission is still up for revkw'by the Council and 12 definitely agree with Mr. Hucck that these areas In 12 there have atrady been some appolatmenta. But 13 flood plains come cheap and 1 think we should tread 13 Commissioner Powell continues to Nerve as a Cemenisndooer 14 cautiously with granting variances because that's part 14 until his 10DOIntma a in. so f is of at deal. When you buy the land,then you've got to WYWMOGHA�b 16 go do the drainage. he'17 I necogni2:e in this particular case they hem,air, 1a want sonic flexibility with the lots but the lots are ff: �y Mr.Reed.t9 large enough,they could have taken a little less nk you,Chairman Eingelbmcht ' 20 flexibility,l think, and simply raised the road. But 1 20 and good evening,ComatiWoaera May 1 oak 11111 sou ad l +'. 21 will vote with the notion. Any other discussion? A 21 paying attention artier at the beginning of the 22 in favor of the motion please false your right hand, 21 previous are before you,did we go over the procedures » Opposed some sign. Those abatalning. 23 fa the public bearing at that time? 24 MR.POWELL: Abstain, 14 Ma.t? OMRBMP Yea,we did ZS MR, ENOEI.BRECHT: All right. Yes,Mr. 1S M&Rul>: Okay. Thank you Then 1 ahaH PLANNING de ZONING JULY 29, 1999 N 27 . Page 49• Page 52 C ' • C,ondensellM , . Page 53 ' Page SS I start by raying we're hem to dcterotine the I rhea two smut structures towards the western cod ate 2 appropriateness of a private school at 1910 Fist 3 portable ow-story buildings. The proposed sademy or 3 University Drive. And In the staff report on page S 3 private school will have class boon between 8.00 and { 4 which Is Enclosure 1,1 Included from our Chapter,35, 4 3:30 p.m.,school days of Monday through Friday,August I S the Zoning Ordinance,the conditions for approval or a S through May and grades 3 through 12th grade. 6 specific use permit and there's uvea cri is. If 1 6 An unoommon core structure is proposed. 7 wu to sumnWIN them,they are compatibility. 7 though whichU oat much different atilt. lira still It eestnement of orderly development,adequate utilities, t going to operate within the hairs and days that 9 vehicular movement,mutsanee,lighting,and screening. 9 Indicated. But they'll have soma classed that attend a 10 And I'd like to point out that fx this 10 Monday,Wednesday,Friday structure,the other claws I I particular request the three that are of most interest 11 win attend on Tuesday,Thursday. And the parents that 13 to staff in the review,of this request for a specific 12 are enrolling their children in Us school will home IS use permit arc No. 1,5 and 7. The first one Is that 13 teach than on the days that they're off to ensure that 14 the specific use will be compatible with and not 14 they're,instructed eo those days. is Injurious to the ure and enjoyment or other property not Is As proposed,the school enrollment would not 16 significantly dimkilsh or tmpdr property values within 16 exceed 500 based upon exIsting classroom spar In the I7 the immediate vicinity. T1m fifth one,that alegaate 17 buildings Identified on the site plan,that the I8 nuisance prevention mmum have been or will be taken I6 applicant has add that they are morlctintl their 19 to prevent or control offensive odor,fumes,dust, 19 schcol operations to. And to familiarise everybody with 20 noise,and vibration. And No.7 Is that them is 20 the site,l do have sane photographs. I'm pinto walk 31 sufficient landaaping and screening to Insure harmony 21 tluotgh that This is on the owl side of the 22 end compatibility with adjacent properties. 23 University looking at the two-story brick building which 23 A private school is different from two other 21 they will use, lust a little closer view of that. 24 types of schools that are called out In our Zoning 34 Again,standing on the north side of University,these 25 Ordinance, Tboa:arc public and denominational. This 3s are the two portable buildings that they world use, And Page 54 Page 56 1 particular property is located in a Single-Family 7 1 what I did not point out,here Is the tee center,what 1 2 zoning district As the vicinity map points out,this 1 refer to er the roc center. I Unk it's called the 3 particular site wh'eh is the yellow arm,it's 3 Sumrall Center. Here's a close-up of to portable 4 approximately a two-acre portion of the Denton Bible 4 buildings with the two-story structure in the s Church entire property which Is groin hen tad,of s backgroand. There's 8150 a playground located at the 6 course,the yellow Is part of the overall property. 6 triangular western end of the property. You can sec 7 It's located along the south side of University ham and 7 University Drive over hero In the photograph. I.00ldng s as you can toil,it abuts residential homes to the t south,you can we!tut there's a fence,a wood ken, 9 scth. All of this is in a large SingirFamlly 7 toning 9 on the south side of the playground area and on the 1 10 district. All of this hem wrapping around and Siggte• to other side of that fence would be some residential oil. I I Family on the other side,as well. , ,, 11 Ilia school will use the parking 10 the east 11 So If this was either public or 12 of thtese buildings. This is a shier of that And in the 13 denominational,we would not be!sere tonight discussing 13 very far ground,you can we the actual Denton Bible 14 the use, Its compatibility.of any conditions to limit 14 Church strutture. And from the same vantage point I Is Its Impact on adjacent properties. private selhools 15 turned south and ahot a picture of the property line 15 require sue because many of them de not operate In a 16 adjacent to some residential lots down here. If I was 17 similar fashion to a public school and they often have l7 standing in the parking lot,here's looking bock at tits 18 irregular hours,irregular type of operations on-site, it buidings where the school will OPet*- Here's the row r 19 The proposed private school,the Calory 19 of tomes e4jaaot to the parking of and Just belled A 30 Prmparstory Academy,will operate In a manna similar to 20 buildings there. I �+ 21 a public school. Ilem is a close-up of the site.dlt 11 The proximity of these structural to the 21 will use four exlfting buildings on the site This s.4 a 22 residential kits,patieulsriy pad specifically dtelf 11 rent dotal center which has it Dugs pdoing space in 23 backyards,Is such that they ire very Clete. If Wt were 24 it and Is a oratory hip-roof strncttttm. The next 14 to go between the two-story building and the portable 15 large structure ham t5 a two-story!ride building and is buildings,you would see slut 011111 diately YOU We aher PLANNINO sit ZONING JULY 28, 1999 28, Page 53 •Ne 56 Condenadt"' -- Page 57 Page 59 1 a drop in the elevation that you tan we the backyards' ' 1 there is substantial addition to the puking facilities. 2 of theta homes, If you were to step through,base and 2 We know that,in fact,that is not rn issue 6000 no 3 stand on the sidewalk and look east,you can see bow 3 additional buildings are involved with this request. 4 that drop right belle,there'!about 10 feet aepsra 61 4 An opposition that was feturoed this week s that and the back yards. The portable buildings arc the s states,l believe a pri rate school to be located on or 6 closest,about 20 feet separate it from the back yards. 6 about 1910 East university would add traffic to an 7 And if you were to go back about 100 fat from that 7 alreat�congested area And last,a rraponse indicates, 8 perspective,this shows you the entire alley or space 8 increase in noise kvel traffic and leek of privacy for 9 between the buildings that will be used by the school 9 residents living ociJkent to the church property, to and the back yard fences of the adjacent nesiticnd%l to Private industry in a residential area that is likely to I I lots. And with the existing fence,many of tit¢ 1I grow because of intrusion—excuse me,l can't read it 11 resident's animals will often play with people who are 12 very well,but 1 think the gist of it is they're 13 on the ebunh property. Lass but not least,this is 11 concerned about the increased noise caused by the ht just a perspective of the front yards of those bomes on 14 children in the school 15 what is Mohican Stmt Is bts.APPLE: Robs area of faurly life. 16 Pubtic notice was given to 44 property owoas I6 m REED: Thank you. 17 within 200 rat, 118 courtesy modces vxm mailed to 17 ms.ApPLB it is hard to read. I s residents within 500 fat. On Monday the 26th,which I s MR.REED with those responses and the 19 was this week,a neighborhood mating was held In one of 19 neighborhood meeting,I'll get back to the Issue 20 the two portable buildings that we just saw photographs 20 at-bond,that is the app:.qriateneas of an SUP for a 21 of. We had six residents&nand,as well a six Calvary 21 private school her. Staif does recommend approval of 22 Preparatory Academy representatives, At that meeting 22 the request. The Enclosure 10 which Is the draft 23 there were no outright objections to the schooL 1U 23 ordinance,if you would look at that,it's labeled page 24 conoems were really,you know,would the use of this 24 21,that lists five conditions that staff is 2s school allow the zoning to Include other noo-residential is mornmending. Four of the rive conditions,win, Page 58 Page bo 1 uses and somebody said something like a 1.11 move In I that's page 21. Four of the five conditions are i here. And staff clarified that this is an additional i consistent with what the applicant has Indicated and bow 3 use to an existing zoning district so,In fact,U0. 3 the applicant has Indicated the school will operate. 4 nothing like that could happen. Another question was 4 The first condition Is that such use will be Waited to s would the school build more structures. Staff indicated s the existing buildings a Identified by the site plan 6 that as proposed,they're limiting their operation to 6 attached hereto and incorporated here as Exhibit B. 7 existing buildings. And they had other questions abed 7 What F.lthibil B will be Is the site plan that they-- 8 ADA requlretnrnts WhICA l really could ad answer so we 8 MR POWELt, W. Reed,It i may interrupt 9 simply indicated that that would conform with building 9 you,Sir.-I don't have page 19. 10 regulations. 10 Mx.Reed: I gave you the&Odonal ptps. 11 Out of the responses,I did hand the I1 Mtn KML4 Pardon me, Think you very 12 Commissionrn throe responses that I've received this a much. These It is Thank you. 13 wick. Total responses received rrom property owners 13 MR Rtm. And this Is the site plan that 14 within 200 rect total nine. We have four in favor,one 14 I'm referring to u E&Mbit B and that limits It to the 15 neutral,sad four opposed. In looking at those is four structures that we saw photographs of. Secondly, I6 responses,we have one that says that Denton Bible 16 that the student MvIlmenl is linitad to 500 students 17 Church does a wonderful job and would be a good 17 with no more than 300*wants atteoding claw on any 18 neighbor. And,of course,this Is not the church but Is givep day. Third condition,that clasroom boon in 19 the members of the representatives of the Calvary 19 lirraW to between 1:00 a.m.and 5:00 pm Monday 1, 20 Preparatory Academy ire members of the church. Thecae's 20 through Friday from August to the end of May. Fourth, t' r i I a rive distinction. Another person In favor also 21 that a silt toot high solid mosoory fence stall be 21 Indicates that Denton Bible Church has been a good 22 constructed along the southern properly line abutting 23 neighbor, A neutral ones,a neutral mapoute indicates 23 existing residential lets before the canrneooement of the 14 my only eoncem is that then be no additional building 24 school in 2001 subject to the mouledona it pboe for is activity any place on the property unless and until is bulldilug tech a once in tba 4Xty of Drntom at that PLANNING &Z0NfN0 JULY 28, 1999 29. Fuse 37 • Page 60 m r h Condensclt"r P 6) I Page 6! � 1 t time. Last,that any change In lighting on ale propeq I oeighbon first to our BUM118Inspection Code 2 shall be designed and maintained so as to not shine on 2 Enforcement Office. And based upon thole complaints,we + s or otherwise disturb aumunding residential property or 3 could bring that bark hem 1 just wanted 16 give you E 4 to shine and project upward to prevent the diffusion 4 some alteroathuu in how you can look st the c000em S into the night sky. And I'll correct myself,throe of s teat staff has. 1 would be hippy to an1Wa any 6 those conditions are consistent with the operation or 6 questions. 7 the school as the applimmts indicated. 7 M0.ENoE18Rmat commissional? Ma.Apple. 8 The fifth condition is our standard 1 Ms.APFV-- t brae a few questions,Wayne. 9 lighting. 1 changed It slightly to say that any 9 1 guess my first one wowd be on the-•there were a 10 changing in lighting since all we're talking about here 10 couple or,as you mentioned,a couple or the respondents I I are existing structures and existing Infrastructure with 11 who were in favor of it apparently were under the belier 12 urn changes to them. And that's simply a recommendation. 12 that Dentin Bible Church was going to be operating this I) The fourth one is one that staff identified as a concern 13 school. Do you have any foci foe bow they would feel if 14 going back again to those seven criteria that we arc l4 they knew that was not the ease7 lad you get any feet is looking at when we conddcr It an sir►. No. 1,No.S, is for that at the neighborhood mexxing? 16 and No.I talk about compatibility,a auisanm and 16 MR REea: No. As a matter of fact,I ran 17 serocniq. 17 speak to that affect 1 can't speak for the people who 11 Starr reels that when you have children or a I I wrote in those responses. They uodeMood that the to school operating five days during the week here that the l9 applicants wen members of the church but that the 20 residents,as pointed out in the responses from property 20 school was not being operated by the church. They had 21 owner,will increase rolse to those ayacent property 21 no adverse reaction to that 22 owtera and at staff we'n looting st compatibility of 22 MS.A phi. Wiry. So even with what they 21 this use with existing uses. The question is••fa the 23 wrote,they do know? 24 Commisslon Is,do you agree that such a bufrer Is 24 Ma REED well,as for as the people that 25 required. And it sN Uuae arc four criteria that YOU 25 attended the neighborhood meeting,I can't say the Page 62 Page 64 1 should evaluate. You don't necessarily have to VU 1 people that wrote the responses. 2 with exactly bow staff wrote it At a mailer of fact, 2 Ms.APPLE: Okay. So you don't know that 3 you can determine that one Is not required at all or, 3 these people did? 4 secondly,you can say that one is but you dlffa with 4 M.R.REED.. 7%1'6 co(rect. S staff's opinion lrt belght,material,the timing of the S Ms.APPLE, okay, My text questleo would be 6 construction or the fens,and the location from,as 1 6 you gold that rids could haw•-I noticed it says IOW 7 pointed out,there's a rence already along the 7 current enrollmeol is 80 students. Are they currently I playground which is from the very western point or the I meeting somewhere? 9 property to the western end or the portable buildings, 9 MR.REED say split. 10 Mx.alstiru what type of fence is that? l0 mg.A?P1.8- The backup a&yt total current I I Mx xEea. It's a wooden fence. It's 1 ale 1I emollrnent is So student. Have they met In ttte past or 13 root tall woodcn fen x, And to the location or length 12 am they holding this school Wmewhem else? I I of that fence. Or you could look N it differently. An I) MR.REED No,they have not 'this would be 14 aril,as fnclosuro 2 points out,can be revoked foc two 14 the rust yen of the kiwi. 15 remoos. One of those on page S of your staff report is MS.APPLBa So they've just etuolled 80 1 16 points out that one or store or the conditions imposed by 16 people towards if this— 17 the permit bas col been met or has been violated. In 17 Mk KUD: That's right 'they've aoovieced is plea of a fence,you could say that••you could place 11 30 QUOU to teroll tknir students or their children r t9 a condition that••prohibiting children from playing In 19 into dJ3 school and take a ohaoce on them r ' 20 that area behind the buildings thereby dislanclry else 20 MS.APPM With the potential of a msxirouro (�!,� 21 from such outdoor activities. 21 of 500 student,no ram than did you say 130 per it And it awe v,violations or that 22 MR REED; Mo. And that's on the 21 condition or this permit,then this could be brought 2) ordinance,page 21. 24 back to the P&Z for reconsideration. How wotdd you 24 MS.APPLE: 300 per day. Now,did you do 23 enforce that? There would have U be complaints by 23 1 didn't find any traffic indications in here for WtW PLANNING & 7,ONINQ JULY 28, 1999 30. P+ge 61 •Page 64 '�.06d00IeIl� ' Page 63 Page 67 1 that would do at Notdrghmn thaw, Did you do a traffic I MR.R1SKEL is there a turning lone at that 2 study or was there any intensity trip allocation point on top or the four lanes that would yet but 7 information? 3 trsffie into the parting lot? Do you snddjate buses? 4 MR.REED. No,t have eat. 1 think maybe 4 Maybe that's In Invalid question. S David Salmon could speak to that. But we did Doi ' S m L aALMoN: that may be a question for the 6 because a school would be permitted In this district it 6 spplieant. 1 don't know whether they're proposing 7 it was denominational. The scW would also have 7 bussed or Dot. OJMIy,of Course,there is no a direct doom onto University Drive which David can tell 8 special turn tam into the Willy. t would Imeglue if 9 you when that Is going to be Improved and the faci!itics 9 there were going to be any driveways oo University Drive io there to saommodate this traffic are adequate in to when TxooT rebuilds it,they will have to have at kart i 1 t stairs opinion. But we did not do any traffic I I left turn lanes to be able to pull in and nAke left 12 analysis. 12 turns. 13 Ms.APPLE: okay, 13 M0.ENOELBRECF[f: Mr. Moreno. L4 MR MORENO. A question. 14 MR.MOREN6. A question. 1f violations Is MR.ENOELBRECM: just a moment. Ma.Apple, IS became egregious In terms of lighting at noise of 16 did you want Engineering to address those issues now? 16 whatver it may be can the Sur be revolted? 17 MS.APPLE: t would like t0 and then also 17 MR.REP. Yea,it can. As Erdostue l I I you said the school would be 8:00 to S:00 and the backup IS points out,that's one of the two reasons why it can be. A says 8:00 to 3:30. Which Is it? 19 If there am violations of lire conditions that you 20 MR REED: R is 8:00 to 3:30. The draft 20 attach to this,then it art be mvWted andlor revoked- 21 ordinance simply slates between 8:00 and 5:00 are nofmal 31 MR.MORENO tbank you. 23 business bouts and 1 was giving it A tittle leeway. 22 MR.WOELBRKW: other questions? 23 M3.APPLE: okay. Yeah,I would tike that 23 MR.RMHEU Yea. 34 addretx . 24 MR MELDLECH7t Oh,Mr,Rubel, 2$ MR.SALMON: As Wayne pointed out, 23 HIL RtSHELt It looked to me that the '— Page 66 Page 68 I University Drive will be widened to four Isms with a t VOW.y,the trienguiar-alaped plea of property,the 2 median 1 think in 2001 by the Texas DcpVtMMt of 2 9.36 acres Is substantially htlyher then the ml9hborb00d 3 TrarvVortation, IN eourw,Nottingham width is adjacent 3 immediately to the south of It and a I11 fact fence U J 4 to the site u well is four lams undivided and has bum 4 that point to keep Surd,in particular,from 3 constructed widdn the last,ob my guess Is mayhe seven 5 precipitating over,seems to be grossly Inadequate for 6 to 10 years,is a completed,you know,full-width road 6 the neighbors In the protection of them In this 7 So we rally don't form a traffic problem to terns 7 particular case. I of,you know,road capacity. I 1 typically think of the subdivisions That 9 Ms.APPM Nottingham is four lane j+st In 9 have deeded land or done things with the school district io that section between Mingo and•• to as being typical for elamertmy schools as being 12 11 MR.SALMON: Right. Actually,it namm 11 acres or$o,12 to IS acres for eheme;tary schools end 12 down. Whcn you get north of University,It's the same 12 then 1 S to 20 acres for junior highs artd high schools. 13 width. It's still 4S root wide but it's just that it 13 We've got a 9.something plow of property here for what u has parking on both sides S there's only two tluough 14 would be just a little bit smaller them a typical I s isms of traffic once you get north of University. And, 13 elementary school for w. 1 think our Sbools are 6 or course,when you get south or Mingo,now that we're 16 somewhere around 500 to 700,1100 students,but I don't 11 going to be able to get our railrond crossing.It will 17 ace 9,311 am u being totally usable as W13W I I be four lanes undivided with roan through tames or I I property. So it looks like a very undersized piece of r 19 parking all the way down to,1 guess,McKinney Suoud. 19 property to me In a oelyhborhood that's domloated by ' ' A 20 M6.APPLE go you would fact comfortable 20 residential user So I'm a little bit concerned about ! i 21 adding 300 vehicles at 5:00 o'clock or It 3:30 of S10, 21 300 nod something people on campus at any given Point in 22 MR,SALMON: Right. 1 think that especially 23 time in the doe that we have and the foctlities that 23 one Txnar rebuilds University give,there's not a road 23 they're capable of works g with with regard to 24 capacity issue there at all, 24 playgrounds red kids and other things. So 1 have Sole 2$ MS,APPLE I thanks. 33 real coeoerns tore, _ PLANNING A Z NINOJULY 29, 1999 31 Page 6$ -Page 69 J it t 1 L; Condenseilr" Pap 69 Page 71 1 MR.ENOELBRECkIT: Odd questions? I MR.Lim the nine acres Includes the 2 MR.REED: Could 1 point one other thing 2 yellow acres all the way down to halfway down Nottingham a. 2 out? S had. That's Lot It.of the Denton Bible Church 4 MR.ENGBLBRECIfT: Please, 4 Addition. :bat's nlno saes thme. S MR.REED: Presently the Denton Bibk'Chumb S )UL PlitlEt9R11 M eby. 6 does operate Sunday classes 00 Ws property Ins tho four 6 MIL REP. than is a poesy area down here, 7 structures here,as wall as there's a new structure 7 u well. I iocatod around the corner hem over on this part of the s Ma FS¢6EL11itwnti All right 9 property. 1,200 Students,kill say.I'm not iolmg to 9 MA.Rena, And,of warn,the Church 9100 � 10 say children,but students attend those Sunday classes 10 mina property on the other aide of the road So If we 11 according to the applicant and it It on that day that 11 were to add ail the Kresge••but the ageemenl between 11 the noise level is what I think Some of the existing 12 the people founding the school and the church Is for 13 residents an concerned about maybe proliferating over 12 them to be able to use this area of the church property. 14 to this Monday through Friday. So I do want to point l4 So that's Wby staff refer to it 93 the 9•5. 7be lease Is out that currently the property k being used for acme is that they're actually Wh*with the chumN Is a t6 sort of classroom activity. 16 two-aue kaae and that's the yellow area. A d the l7 MS.APPLE. An thane 8:0010 5:00 classes 17 some really pertains to when would they be allowed to 1s on Sunday,all day? is park on the property and the acres to the ant In the 19 MR.REED: Td like the applicant to answer 19 yellow triangle Is the pwidq that they're beteg 20 that because I don't know. 20 dadgnued. But they'll be allowed to use the wider 21 MR.ENOELBRtiiCM: Other questions? With 21 property. 23 regard to the fence the you're proposing,would you 12 MR.MEI.BRECtrT: day. if they an tae the I 21 point out where that would tun? Is it the wh ok back 23 lapel property,they could use that for classes and all 24 side of the biangk? 24 that. 23 MR.REED: As staff It••where Staff 11 25 MR.REED For outdoor activities Page 10 Page 72 1 =oroed is the exWr-41 wood fence 6 held so we would 1 MR tat njsRmq,. Right. 7h li stn►would 2 be concerned about••or the area lit we're concerned 2 apply to the entire aloe acres. 3 about is wham that fens enda down to al some point In 3 MR.REED AS it is beret yes• 4 tbe parking lot 1 can't say if we feel that it's 4 Mtt jWe BRP.wt okay. At the and of S absolutely neommy all the way to the end of the S Mohkao there is a largo,a tall ehaln•link fence? 6 corner or a lot or two back. But 1 would aay definitely 6 MR REED Yea 7 at kilt to the perking lot. 7 MR Wousitmm L there any particular I MIL ENOELSUCtm Any particular mason why s ream why you didn't run the masonry•r:all down that 9 you would want to not put it in in place of de wood 9 part.as well? 10 fear,u writ? Because you're proposing a Masonry 10 MR APED From ray discussion with nw I I knoe,right 7 11 applicant,they are nest really 11041 to be nwi g 12 MIL REED 71a1'a What staff proposed. Wber. 11 children outside a lot and definitely thoy don't feel I S we're taWng about noise u opposed to vin'bilirv, 13 that they're going to bane a lot of activities down in 14 masonry clearly has a higher sound bar civ level tin 14 this portion of the church. Again,I thlrnk the 13 a Wood fens does. is applicant world be better muted to answer that question, I I Ma.txGuzRECNT, And that end where the i6 as far ss,you know,where they're ping to have outdoor I7 wooden fev[c Is is where the playground Ia 17 octivities and to what degree they're go ng to bm 11 MR.REED. slayground I0.yea 11 them 19 MR ENGE eRECNr Now,antler gxWon 1 19 ML t?rsotl. nw, okay. Other queatioa? //' A, 20 have,the nine aces Is and of cut off there in the 20 'think volt It the pethlow of pedtlowle j O!,; c: 1I middle of the panting tot,correct? 11 ldpnesentative prase? Yes air, it you would pkaae 21 MIL REED No,actually the nine arils 11 give 1u your a.ne and business addnsa for the Noord, 21 Includes-• 23 btu 00cAmmu. My owe 61 Pd Oocamoiss. 24 ML EN0EURECN7, or does It include the 24 I'm one of the Bard members of Calvary Preparatory 26 entire jlL Academy. Did you jay buslow addldarl PLANNING A 2ONtNf3 JMY 2t., 1999 3 2, PAP 69-Pop 72 t Comdooaelt'v' Page 73 Pap 75 l MR.ENGEIBRECRT, Whichcv'er you prefer, 1 If It's back or front,but wt'la say where the church 7 MR oocAmo'1sA: My home address is 3920 2 ply goes along Moble m and then south down Navajo ' S Montwito Drive in Denton. 3 to where the 9.4 acres ender? 4 MA ENGELURECHT; ibank you. 4 MR.OCCAMOM, Let's M We're talking S MR OCCAt aMA.- I just have a few commenti S from here 6 for you and I'll be glad to answer any of your questions 6 MA rowE'LU well,we're taking from the 7 after that If you like. We are&mull part-time school 7 fu left of that,air. I operating from August to May and we really feel that our t mIL ommoTu oh,okay. 9 use of the property at Denton Bible will be very minor 9 MR PG LL4 Yes,sir. An the way to your 10 In impact compared to the everydsy use. 'they have a I o right and then south down to where the 9A acre ends 11 number of mectings there,a number of various ministries I I MR.DOCAMOisk okay. Al this time we don't ` 12 meeting there. Denton Bible has had in the past a 12 propose using that property. We're primarily Ong i 3 school••well,home school enrichment clam mating I S %brae buildings here. Our akmentary school kids would 14 there. I'm not sure what the numbers arc but I'm quite 14 be using this P*WO Ild here from time to time. 1 S sure lKy'rr:uite a bit larger than ours. So we really IS However,as far as any major sports programs or anything 16 do feet that khe Impact to the oetghborbood will be 16 like that,we envision that those would be off-site. I I minor by comparison. 17 And we are patterning mrselves after a school down in I9 Second point is that all the outdoor I9 Arlington that has done that very Mccieully for the 19 activity there with the kids will be closely monitomd. 19 fast dx years. So we feel like it's c workable 20 I don't eovl sloe any time that kids will be out running 20 alternative here. Once BOB,In trying to keep the 2 t around behind tine buildings which certainly is the 21 cost down as much M possible,I would feet much more 22 main ara that the neighbor are concerned With. So I 22 comfortable committin&now sgai0.to keep Lids out of 23 just don't feel that that will h a a problem. 23 this area here,here,and here it all times. 24 77drd pout I'd lily,to make is that we are 24 MR.POWECts I O=k you,dr. 25 a small nonprofit organization. We do certainly foci 35 MP ENGEl9REM; Aft there other qucWonsl Page 74 Page 76 l that we can mat all of the requirements here listed on 1 Ma Oourdia. 2 page 21,section 1 except Item No, 4. Belog nonprofit 2 Ma.ow"m. tl. I'm just curious"how 3 and a small upstart orgsnixadon,l feel like it would 3 you propose to do that. I'm sorry. I lmow it's just 4 present an undue financial burden to w that would be 4 one of those questions that you look at the properly and 3 very bard to overcome. What we would like to propose M S you think you're going to have to build a fence of some 6 an alternative Is that we would be allowed to commit 6 sort to keep the cwldren off litults. I'm just curious 7 that no children would be allowed between the fence and 7 M to what you fWMW. & the buildings at any time and we feel Ilse we could mat I Mss OCCAMOiSk there are fcom there 9 the lelgbbors conoems that way. 9 already but they are chain-link and would not do much In 10 Another concern that was raised here was 10 Le way of(taping the twlse down certainly so that's 1 I just what kind of neighbors we would be. I did want to 1 I what I'm proposing that we could do. I thick the type 12 emphadae that we're all members of Denton Bible Church. 12 of school that we have here might answer OA It's,As I S And besides laving to answer to you folks legally by way 13 1 mentioned—well,l don't even know if it was 14 of an stn,coq certainly have to answer to the Board of 14 mentioned here eartier,but this Is kind of halfway 15 Elders there at the church, And I would imagine that if IS between home schooling and private schooling and tht 16 we did become in violation of the at»,that the church ib kIds cane out alternate drys to be htstrOW by the L7 would te,minate our sssoeist on long before any official lT profesdonal kachers,then they're taken home and home 11 action ow"to be taken by this organization. And do it schooled under,once again,the direction of lk Paul$ r 19 you have any questions that I Wright answer? 19 and I&teachers an the off days, We just don't � ' 20 MA WOELOne f6 CommisdOnasl 20 envision times when would the kids wld be Out running around /A 21 Mx POWEW Yes,I do. 21 WMPWAW. 22 Mit ENOELaR m Mr.Powell. 22 We have for donmlme for the ehtldren V EC 23 Mss FOWEtL thank you,Mr.Chairman, How 23 that does arise In the schedule because these scbedoks 24 would you feel about a wooden fence along that back lot 24 ate variable. 7bey're much(ilea the university model 23 along.. 1'11 say the beck of the tot and I don't know 2s where you can Pick and choose claim that you Want to PLANNINO alt: ZONINO JULY 28, 1999 33. Page 73 •Page 76 Condenseltt'r Page 77 Page 79 I 1 eke. If there its situation wtore a child has,let's ' ' I 9t1Y/ 2 say,on hour break,we have provided a Study ball,a 2 MA"M You can matte it claw in the ) supervisfd study hall for that purpose. And so,once 3 aLGoanoc by saying that artdoa activities shall be 4 again,they wouldn't be outside rtmning aratmd. 4 limited to the triangular area or&Mbit B or the 5 Ms.oouROLE tbank you. S ordinance. And that would►•take It very clear tL t it 6 MR.ixGt.EREctlt: other quwlons7 You 6 would become a violation if aa:vitifs of the Schoch 7 propose wing the smaller area as outl ned on that 7 children we taking plate chief Of that area R overbeod,I understand? I MR.ENOEL9RECW3 Okay. SO now I want to 9 MA 000AMOrsA. Yea,sir. 9 understand,now we're really talking about two acres and 10 MR.ENOELBRECtrr: ltxxt why the request for 10 a potential of,at any one Wn;700 children on-site. I I the nine ac=? Jual because of the whole lot? Mr. MR.REM, That is tort act t 2 Reed may.. 12 MIL MEURECtfr: Okay. Thank you. I'll 13 MA REEn: Yea. 1,11 have to explain the 13 ask the oppL'cant then,Think Mr.R,ishel raised the N history of this. We had a Development Review Committee 14 issue lnitia!ly. Generally,we have a standard that's 15 mating on this. Mark,what MuWay was that? It 15 considerably more than that In the public system and 16 wasn't last work. It was the week before. And that was 16 unally,what,about 12 Roes for MO. We have two P three drys before we had to have a 14601 notice in the 17 acres for 300,potentially 300. is newspaper,as well as twdry,vo"owners. The I I MIL OCCAMMIA: ralentially,yes. We14 if 19 applicant,Dewayuc Rader,die:not have a Survey for 19 t could back up a little bit. 1 saw these rumbas fa 20 this triangular area. So what we k."d do because we 20 the first time this evening. Mr.Rader was unable to 21 don't want to under•dvutlw the scr age for which this 21 be here and be's got all of the details on this. Ik's j 22 specific use permit is being granted rx,,ve want ahead 22 been woridng trod closely with T& read on It It was 2 and took the eckrage of the let on wbl:h it Is located 2) my understanding that tAwnti to the fees at Denton 24 which is the alre and a half acres cited in the Staff 24 Bible that tbey toaUy expected w to grew no longer 25 report 121 than 200,no lugs than 250 to 300 total. M4 once Page 78 Page 8o I So that is why and Ed hart Is not aware of I again,when you alternate days that cuts the number of 2 why that was done that way,but that is why Aaff did it 2 kids in half that wtruld be thetas They felt that that 3 because the applicant could not provide us r ith a Survey 3 web about the size that could reasonably be 4 demaatrating exactly what the acreage WAS. And we di, 4 accommodated. S not went to understate it to that we weren't In conflict $ MR 13NOELEREM: Yeah,I web going to ask , 6 with legal requirements. We can always make it Stndler 6 you abtajt whether you could put 300 students in dace 7 than the t'ne and a half. We Just can't make it larger 7 buildings. I t*Jet what we might advertise it fa. a MR 00CAMOTSA: I don't think so. 9 MR.DoN�j osw; gut the site that would be 9 MR.ENOELt1REM: Okay. All right. 10 attached to the adinvtee approving the stn would be the So MR ooCAMOTSA: We have a class size of no 11 one highlighted in orange,not the entire 93 let. 31 more clan 16 or IS depending on grade level so dime 12 Ma R£ED: that is correct. a numbers are a lot larlr titan we're really expecting at ' 13 M)L ENOEtsREarr: then I hive••do we know I thib 60ity. 14 what the acreage is on that little •• l4 MR.ENOELBRMIT All tight Thank you. 15 MR Kam it's IMA two acres. 'chat's the is Other quebtiow? Thank you. i 16 best the applicant could tell us, 16 m OOCAM07'SA: thank you. 17 MR.FNOEL SILM l'i About two acres, 17 MR.ENOELBRBm: is time anyone pte3ent Is Mx REEo- so it could be two and a half, 1 a whi would like to speak In favor of drib petition? 19 could be 2.1. 19 Anyone pre"to speak In favor of the panther? In 20 MIL ENOELBRECMr: Now,those par"1015 20 that Cate,is time anyone present to$Peale In 21 are contiguous. That's all put tagetbefl 21 opposition to the pWdoo? Anyone present 10 speak In E 22 160.REM. Yes. 22 opposition lo die petition? Seeing no Opposition,we'll r 21 MR.ENOEtBRECtrrr so if these School folio 23 waive die rebuttal period. The public Itearing h 24 use Cie parking lot to the ad,arc we violating•• 24 Closed. Mrs Reed,any find staff remarks partkulsrty 21 assuming It's psasA would that be a violation of the 2s given the questions drat have arlm? PLANNINO dt ZONINO JULY 29, IM 34, Page 77• Page 80 I h t f II Condon seltrm Palen Page 83 I MR.DEED Not nooessarily any comments to t don't regulate the exact coostruetion of the structure 2 address anything that's been said but just a reminder 2 outside of it meeting our mdmlmum standards for 3 that this is an opportunity for the Commission to 3 construction and fate protection,as well. 4 actually have some conditions and criteria attachW to 4 tat.DowALDsom If it's wwbored to a s the operation of a school on this site because It's a s permanent foundation. 6 private school. Again,if tho applicants,and this is 6 MR Kim, well,actually a lot of historic 7 just based upon my conversations with the applicant,the 7 homes actually weren't on I concrete foundation. s Board of Elders for Denton Bible Church said at this i Stn.vmEuRuHT: so it could be. 7bst's 9 time that they did not want to endorse or bring In the 9 *by 1 asked if we could nail that down it would kind of Io school under their wing but allow them to operate on 10 be n1ca. Appreciate it. ii their property. l I With regard to the issue of a dMoml"donal 12 If this was a denominational school,again, 12 school going in by right,do we not have some 13 we wouldn't be here to discuss conditions to limit its 13 requirements with regard to in the bWth,safety, 14 impact on adjacent property. So In staff making a 14 welfare side of the Louse, Some Issues with regard to is recommendation for approval,we felt it most prudent to 15 the number of Students that could go In a given 16 approve a use on this property with some conditions to 16 swcturO 17 safeguard those adjacent properties. 17 Ma.RFED tbat would be regulated under the is MR ENGELBRECNT: First off,I want to ask you to Fire code maximum capacity of a room of a building,but 19 about the portable buildings. Flow are they allowed on 39 it's not necessarily because It's a school. 10 this site? 20 Ma.MELDAECHT: All righL So they Just 21 MR. REED: There's no regulation against 21 can't exceed the maximum apacitia laid out by the Fire 22 them in our.. and 1 say portable buildings. They're 22 Department for the structures. 23 permanently on there. They're not on a concrete 23 MA SEED *MIS correct. 24 foundation. There's actually•• 24 MR ENGELn mm, Okay. And wt:don't lappen 2s MR.ENOELBRECUM A pier and beam? 2s to know what those are,by chance? Page 82 Page 84 1 MR.REED. Yeah,something to that effect. l MR mm.. No,but we do have 2 I'm not an expert on foundations. 2 representatives from the Fire Lbpartnent. 3 MS.OGtIRDtE: Do you have a picture of it 3 MR.ENGEMECHr: that'S all fOL 1J 4 actually? 4 MR.orturrm, 000d evening. 1 rally don't S MR.REED.. Yes. s know exactly what the occupant load of that faeility was b Ms.OOURDIR: That shows what it's on? 6 because when we visited with them out them,we didn't 7 MR.REED: looking at the photograph you can 7 exactly rum, We gave them on Ida of ballpark what S tell that they're actually not sitting on a foundation I it would it but the Flee Code and the Building Code 9 but pier and beam,I suppose. 9 would regulate how many people would be!m there. to Ms,Gowwn I think you have another 10 MR eNaetsa!?M: All right. 71st would art I I picture on the back aide that Shows it better. I1 a maximum 7bat would set a cap an the low- 12 NA REED And the back s'do shows that 11 MA atttrm. Yeah,they Couldn't exceed 13 there's a greater gap between the elevation and the 13 that no matter Oat. And,In turn,that occupant level 14 bottom because of the drop in the ground. 14 would dictate haw it's rated and Fire Code requirements is MR.ENOELtRECHT: 1 would ask you•a1S 10 iS for that building. 16 please provide us at the next meeting a definition of t6 MA E+aEtsfttmT okay. 17 pier and beam versus a portable building. 1'd kind of 17 MR at)CEP 90 was it year CODYMWOn that I I like to get a sense of what the difference Is I-te. Tho II 300pople was a good WrOxlmadoo that would fit? r 19 school district calls time portable buildings and so, 19 What you went out there with them did you give an ' 4 M you know,maybe it's just all semantics. I don't know. 20 approxlmatim of how many Students they could have to 21 MR.REED. I think it is demanded. 21 dim? 22 MR, ENonaltmm But it would be nice to 22 MIL oti2sttts No,we gave than the factor 23 kind of know where we stand with that. 23 the Fire Code gives for that and then let It••wr: 24 M. REED Again,In our regulations there's 14 didn't know what the square footage of those were at the 25 not—when it's serving a use that's permitted,we 25 time 1 visited with them about what he would treed to do, PLANNING A ZONING JULY 28, 1 999 35. Page 81 •Pqe 84 0 1 'CondenaeI04 Page 8E t MR.REED Not neeess"y any comments to 1 don't rgulate the exact coastructioa Of the structure i address anything that's been said but just it reminder t outside of it meeting'our minimum standw*for 3 that this Is nn opportunity for the Commission to 3 ceostrftion sad fue prc4octio4 a writ, 4 actually hsve some conditions and criteria attached to 4 MR.DONALDSO:: if it's anchored to a s the operation of a school on this site because 311 it S permanent foundation. 6 private school. Again,if the applicants,and this Is 6 MR REED: well,actually it lot of historic 7 just based upon my conversations with the applicant,the 7 homes actually weren't on a coocrcte foundation. a Board of Elders for Denton Bible Church said at this a MR.EHuELBxPCNT: so it could be. 7bat'} j 9 time that they did not want to endorse or bring In the 9 why I asked if we could nail that down it would kind of to sahoot under their wing but allow them to operate on to be nicer. Appreciate It, it their property. 11 4 With regard to the issue of a denomInational 12 If this was a denominational school,again, l2 school going in by right,do we not have Some i1 we wouldn't be hero to discuss conditions to limit its 13 requlr>l U with rewI to in the health,safety, 14 impact on adjacent property. So in staff making a 14 welfare aide of the house,some issues with regard to is recommendation for approval,we felt it most prudent to IS the member of students that could go In a given 16 approve a use on this property with some conditions 10 16 stnrctwt? 17 safeguard those adjacent properties. 17 s MR.Rat): That would be regulated under the I a MR ENOELBRECHT: First off, I want to ask you 11 rue Code maximum capacity of a room or a building,but 19 about the portable buildings. How are they allowed on 19 It's curt necessarily bemuse it's it school. 20 this site? 20 Ma.[NousRE(w, All right So they just 71 MR_REED: There's no regulation against 21 can't exceed the auxlmum capacities laid out by the Fire 22 them in our••and I say portable buildings. Tbty're 32 I)epartr ent for the stmctures. 23 permanently on there. They're not on a Concrete 13 t NUL RP.M. Tbat Is con oct. 24 foundation. T'here's actually-• 24 MR 04aELrIMP 17: dl sy. And we don't luppea 23 MR.tNOELBRECHT: A pier and beam? 25 to know what those arc,by ebanee? Page 82 Page 84 1 MR REED. Yeah,something to that effect I MR REEm we.but we do have 2 I'm not an expert on foundations. 2 rcpmacntativa from the Fire Department 3 MS.000RDIH: Do you have It picture of it 3 MR.MElbR63ff: That's all right 4 actually? 4 MR OratTTa: 000d evening. I really don't S MR REED: Yes. S know exactly what the occupant load of that facility was 6 M5.ooURDIB: That show's what It's on? 6 because when we visi4d with them out there,we didn't 7 MR. REED: Looking at the photograph you can 7 exactly measure. We Save them an ldea of ballpark whet it tell that the_-y're actually not sitting on a foundation a It would be but the tiro Code and the Building Code 9 but picr and beam.I suppose. 9 would regulate bow numy people would be in then, 1 to Ms GoMIB: I think you have another 10 MIL m4oELekECHT: All right. Tbat would set I i picture on the back side that shows it better. I I a maximum. That world set a cap 0;the low-• 12 MR.REED. And the back side shows that 12 MR OILLIETTE: Yeah,they couldn't exceed 13 there's a greater gap between the elevation and the I3 that no matter what And,In turn,that occupant kvd 14 bottom because of the drop In the ground. 14 would dicute bow It's rated and Fire Colo requirmbents is MR.ENoE1.BREctni i would ask you-all to i s for that building. 16 pkaw provide us at the next meeting a definition of 16 MR ETOCUREC" okay. 17 picr and beam versus a portable building. I'd kind of 17 MR.6UCPRr so was It your couveraation that I s like to get a sense of what the differ: is here. The I a 3o0 people was a good approximation duct Would fit? ✓r 19 school district calls those portable buildings and m 19 Wheel you went out ahem with them did you give an 4 20 you know, maybe it's just aU semantics. I don't know, 20 approximation of bow many students they could have to ! r' ✓!J 21 MR. KEFtk 1 think 11 is semanties. 21 these? 22 M F1NoELBRECHTt But it wtvld be nice 10 22 Ma on. L. NO," them rhea factor A. 23 kind of know whlcm we stand with that. 23 the Faro Code Ova for slut and then het It—we 24 MR.REM,, Again, in our rcgulatiom there's 24 didn't know what the square footage of those were at the 1s not•- when it's serving a use Brat's ptrtnittcd,we 25 time 1.vlsirod with tbem about what be would need to do, PLANNING alt ZONING JULY 28o 499 Page 81 • Page 84 36. ' r I Coodeoseltr" h 1 �.t Pave 85 P*87 1 but we gave him the factor how we could determine that 1 mean• Ttie beginning of the 2001.2002 wboot year. 2 and we would work through them once we Sot through that 2 Agate,you am chntge tut oompleWy. Ibis Is just.a. h 3 And then wham we did the oeraiieste or occupancy 3 sample and that's v1tat I'd like to emphasize on that 4 inspection,we'd be checking that,also. 4 particular crndidOtL 5 MIL ENOEtBRECK! All right, Thank you S MIL et>CEtc And,Salty,while he was 6 Any other questions for the fin marshal—the fuenaa? 6 discus sing it with himself,there wax otter people that 7 Thank you. Am there other questions rot Mr. Reed? It 7 be was discussing It with. Some or the hind of things 1 would appear not. 1 we thought about is if aolse It keyed to people,number 9 MIL MORESO Yea,there Is, 9 of students,then,of couroa,we could have put a 10 MIL iNoEtsREcH .. oh,yes.Mr.Moreno. 10 student tilde pod said whenever your enrollment teacher 11 Mx MoRExo sell me where the number 500 11 123 students you'll put that In. We Just--and we came 12 came from again because there seems to be some question 12 to the conclusion that we'd ratio let him argue with 13 as to whether It's 500 or 300. 13 himself than us giving any Input. 14 ma.REED: rm Just quoting a Agure that 1 14 MIL R1SHEu me was doing such a good Job. 15 was told by Mr.Roeder and that was actually durip;the is On your Section 3 when)rots talk about violaticos and 16 neighborhood meeting,we were discussing that t6 the fee for those violation+,would sound to the 17 Ma MoREN'cr okay. li neighborhood be part of something tat would be 19 Mx rowELti Mr.Chairnw,if i may. it potentially a violation which you could assess a 19 MR.1rNOEtaRECxs; Yea,W. Powell. 19 $2,000.00 fee? l xomd%I don't know haw we'd m"sure 20 MIL rowELu Mr,Reed,In your Condidoo 4 20 •-I don't hmow what we mcuure those level by. 21 you talk about the fence before the commencement or the 21 MIL sucrx: on the Zoning Ordinance we're 22 school In 2 00 1. It would seem to me that If they're 22 totally keyed to a violation of a condition. In other 23 going alter this now,they'rt going to commence the 23 words,If you were supposed to have a fence-- 24 school before 2001,aren't tin/? 24 MIL RmHEU Did not have a fence up. 2S MIL Ram. shut Is correct is MIL ahem. —ten we could do$2,000.00 a Pap 86 Page 88 I MIL Powau is that a mistakc7 I day,s possible$2,000.00 a day until the fence was up. 2 MIL RFEU No,slr• Again,that wen Jtut a 2 But,of env,this is an guP,the normal thing would 3 recomutendadon,a way of determining beight,material, 3 be is If we ask the person to comply and In a reasonable 4 and timing. 1 simply-•In writing It said,with 80 4 time they don't,we usually come In and ask to pull the s students total enrollment,40 on any given day,let's S Bur ore to even doing the citation. , 6 say,an impact which would wwrant the buUding of a 6 But Just saying noise,the problem you nm 7 fence. And I said,no. And 1 Bald,well,If it grows 7 into on your Noise Ordinance is that it's hard under the s in the second you,would It-•you know,wbat would 1 Texas po"Code to make a noise complaint if it's 9 that be and being realistic I assume,and lei tine use 9 between 1:00 and SAO. In other words,noise is Moro to that or emphasise that word, "assume," that even in the 10 generally tied Into the everting boors,say 10:00 to I t second year that a private school of this nature would 1 l 7:00,sold then the other lima during the day It has to 12 not grow enormously to a total enrollaeol of S00. So I 12 be a real tough loud noise to ad la there So that t 3 plead the burden on the school in the third year,the 13 would be a tough one, That►why LO noise Is a conoem 14 beginning of the third year. It was a fetal assumption 14 with you even•-and it cam be with 8o students,then 35 on my part. I s you need to do It through the fencing 1 think is your 16 MIL POWEtu 7h halt you. Tbonk you very 16 bat route to go. 17 much. 17 MIL R13tim thank you 11 MIL ENGELBREML An there ether quatioms I I MIL EwmsRKm: Are that other questions J - 19 for staff? Mt.Jushel. 19 for Udr? Ma(3aurdie. A ,. 20 MIL KSHEG in this disouaslca with 20 Mt OWRDM well,I'm od xue if It's fOr f 21 yourself,pro you anticipating that the[,tine would not 21 staff or It could be. I'm Just curious. I know Wayne 22 be built until the year 2001? I'm not quite sure 1 22 exptahm that this le all JIM a doff and we an chwat 23 understand, 2) it up aid so I'm wondering Baum 300 students is 24 MIL xaA i should have aid before the 14 excessive,ore we cbage that number down to met!moo iS commencement of Schad in August of 2001• That'►what 1 2S what's roquind. And also In the other part wham It PLANNINO& ZONINO JULY 28, 1999 0, Pegti 8S" Pegs 88 37 , I Condenseltt" .�. Page 89 Par 41 I I spa ks of-•wlrn you gave the recommended motion 1 more effective sound barrier than a wood fence? 2 or Nmewhere. Actually•- 1 MR.REEL) Without having a technical 3 Ma.REED. on page 4 there's a recommended 1 document in (rant of me,every material raid this is In 4 motion which doesn't list any of the conditions because 4 cctaim Building C4M has a certain sound buffer-• S 1 waited until after the neighborhood n=C;.g to draft 5 what would 1 say•-ability,Cade efficient. Brick Is a 6 an ordinance. 6 much denser material than wood is and the method of 7 Ms,ooh ir-, 1 take that back,it's In tee 7 consWction of a solld masonry wall is much bOW than 6 ordinance part,l;nchowm 10,WLae it speaks of the It a slab fcoce which has emu letwoem the boud& so 9 9.57 acres. Now,l Was undo the imprcaloo that this 9 titre are two criteria titan that you could look at that to set'Is only for the triangular area which is two-plus 10 roduce the( fectiveness of a wood fenoe over a masonry 1 I acres. But the way i read this It mods,has applied 1 I fence. I'm not an expert on 1%so I'm not trying to 13 for a specific use permlt to allow the operation of a 13 MR.eNoEtaREcttn Did you have otha 13 private school on 9.578 acres. And so either I'm 13 questions? 14 misreading It or maybe I don't understand- 14 MR.MOW* ?bet's it- Is MR.DUCE* Yea. What We were doing a.!that is MR.ENOELBIIECM: Mr. Powell. 16 is bemuse we bave to rum a notice In the papa,and we 16 MR.POWELL' Ihave a question I would like 17 took a figure that we.knew. We knew where the 9.58 Was. 17 to ask of the gentleman from the school,if 1 may. I It 'Ibae's no question that prior to this being eftoctimW 16 MX DMELDREClt'r, Yee,Sir. If you would t9 we tend to have that figure reflect exactly the area you 19 come down,sir. 10 want to Include. Assuming what it Is,cos have to find 20 Aix POWELL If we dropped yore dal to 3 t out what that little orange area Is and that's what 21 student enrollment Is limited to 300 students with Do 23 would go In these, 31 more than I so stud rots no any given day,does that hurt 3) Ms.000RD1E: se if the moxiors is trade for 13 you or Is that what you're LW really? 34 approval we'd have to say accading to thk litt'a or..;;, 34 Mlt ow"u,, alr,that would be just Ate as area that y'all Surveyed. 23 with w. Pop 90 Page 93 t 1 1 to DoNnLDSON; According to the site plan 1 M0.POWELL stank you• 3 that's been submitted, 3 MIL REED A]$%Cimhmhsslona Powell,with 3 Ms.oouRD2E, 71ank you I was looking for 3 that Intent dwe if that Is In the motion,of ocuree, 4 the proper tarnlnology. 4 if they fauce the need fo grow beyond that,key would S MR.ENOELSRFatr: other questions for Staff( s have to come back to you so we could reevaluate It at 6 MR.BUCE1t: one of the things that's new 6 that dine. 7 that's happening hem is We're trying to MOVP,even 7 MR.POWELL R's s pretty stall site so 1 8 dougb there's a s'.df recommendation to having de I think if they grew beyond dial,they nod to come hack. 9 ord'natoe In hoe to that as we're making•-adding 9 n9lo just how 1 look at It, 10 condidons on any case,well[have them right In front 10 MR.ENOELSLEM1 And I was c.&w to know I1 of)vu so that whenever you vote,we know pretty much 11 why we didn't potentially extend It a We ru&w 13 what your rowwwodation b. In the pant because we 11 over in the puking lot,the SUP, 13 didn't have the ordinance in front of us,it Was 13 MR.REED hat's what the applicant gave 14 sometimes what we took to Council rally Wasn't what•- 14 me- is we misundere d what you wanted, So we're trying to Is MS.gllcElt, you have the ability--1 don't 16 work with you on this process and it's new to u6,too. if want you to lose sight of what the applicant IS asking 17 MS 001JRD1E, Thank you. 17 vasty what you want to do. If Someone has a two-acre I I MA ENoeuim-trr, Ww questions for staff is parting lot and they're saying,will,I'm just leasing r 19 of Some comments? Yes,Mr,Moreno. t9 one rise,if you think the kids ae going to be over tit A 30 MR.MOREN6, A 90eatiom art the MW of the 30 whole two acres,you Certainly can include the whole tWO r 11 rnasmry fence versus wow a Some can material,why is 21 acres. That's your ail to that extent except We tied n mtieery more effective in controlling sound there wood? 33 would have to give the deeaiption to put In there to i 13 MR.REEn I'm sorry,Rudy,if I ou would 23 match what you're seyina. 34 reetate that to ate. 24 MA"ELBREm Well,to this ow we'll 13 MR.MoR . Now to it diet masonry is a In have to get a description anyway. PLANNING &ZONING iuLY 28, 1999 3 e Pnga 89 Page 9Z r• Condenselt"' % • : : Page 93 Page 93 1 MR.BueEK, ob right,yes. . ' I Mn.Powett Yeah,I like that better. 2 MR EN0Et8RECWi Because we don't have one. 2 Ma BUCE* if you ran It that way.then You 1 Mr.Moreno. S could Support shat fence a lot easkr. 4 Ma MORENo: t er.Reed,tell me again about 4 MR REED; That U one big open parking lot, S the concerns of the neighborhood during the neighborhood $ halfway in the middle grounA that is where the mite 6 moctin87 lid they relate primarily to issues of 6 plan shows. And,otherwise,if you exteMed it,it 7 traffic? 1 know you read them to roc, 7 would be all the way back to where I'm standing when I'm ' I MR REED: there was a question about I taking this photograph. 9 traffic, Staff indicated that there would be no change 9 MR ENOE.BRECHT., Yes,Ms.Apple. to to the driveway ercess or any other changes. Aft to M.APttE: t just have a question In I I existing features would remain in tact. h was rally it response to that Sinus this Is Denton Bible Church's 11 not a concern,it was a question more so. I2 property,would they not have a say so about fences on 11 MR.MoRENO. what were their main areas of 13 their parking Intl 14 conxml 14 MR.ENOEtaREMI well,that's their large Is MA xEED: would there be more structures, is lot that they're asking the Sur on, 16 would this Pllow additional non-residential uses on the A MS.APPLE: Out I'm just wandering if they 17 property. And to be honest with you.Commissioner 17 were aware that that could be something that carted be is hforcoo,after some of these questions that were asked, is considered. 19 they started asking qurestlons about Denton Bible Chumh 19 M1t oum: i think that the kind of things 20 and what they were going to do with their church,were 20 we're doing--1 mean,if they're going to build a 21 they going to expc,d it. So they started going off on 21 fenoe,they're going to have to go back and get the 22 non-related Issues which,at least in staff's 33 approval from the church to build the fence. And I 31 pe. tive,pointed out that*wy really do not have a 23 think if your recommendation is to get the$Ur that's 24 concern of any more so about the school. 24 got to be in there,then they'll brave to go back and 25 MR.MORFSO. so these was oo single issue 21 negotiate a new lease that takes in that parking tot if Page 94 Page 96 i that really cum to the forefront? t the church needs it You're carat from the standpoint 2 MR.REED, No. In many neighborhood t of we are just raning property and we're Wall whet we 3 meetings that we do,we'll have one of two issues of one 3 need and we're not realty impacting oo the lease end 4 or two opponents to the request at-hand really make a 4 be'II have to go back and negotiate all these things S stand and say that they're adamantly against it. And 1 S from the cburoh 6 can Say that there was no such representation of 6 Ms.APPLE; 71ds IS just unusual because 7 opposition before this SUP. 7 usually we're dealing with the property owner. I MR.MORENO: okay, '[bunk you. I MA bucex! with the owner,exactly, 9 MR, RNOSLBRECHT: Otter quc60037 I have 9 MR ENoEl9uxm: And you're right In this 10 one for Mr, Bucek, If we did cwt Include the triangular 10 case,this actually war s tondidon OW You brought i l wall,would we still be able to allow a wire fence along I I tonight, t 2 that whole air not being sup,see this orange line? 12 MA REM that Is coned. 11 MR.BUCEK: I we what you're saying. 11 MR.ENOElBRsm go they didn't have a 14 MR.ENoELbFtrCHT: And 1 understand why stiff 14 chance to•- Denton Bible Chwch,obviously,the member is Is recommending it fence there bxause it Is a chain-liak 15 represented here add be was a member of the Denton 16 fence now and there's realty no way riot to have people I6 Bible Church but that may not be a representative of the 17 moving around that parking Ion 17 church u a whole. But you're right. 1s MR. BUCEK: 1 think you nerd to have a 11 , M0.Rpm that would be a true statement r 19 perimeter that fits with your description. And 1 we 19 M0.WOE[SUMr All right Ms.OWdie. R 20 your concern and I just foci very uncomfortable saying 20 Ms.opUR m rm a bit concerned about f 31 that line, I think you'd be better of f kgally to 21 cbanging that line because i germs It's the wronldp 22 extend,just move the whole line, 23 enter is clot big building y'dI are tatidatg about and 23 MR.ENOEtgitm f: To de building? 21 thst's probably that's used on Sundays and fa other and 24 MR,nucm To der building line. it world 24 so fonht,so that's a parking tot that's a mutual 25 be a lot clearer to run it —tight is parking tot and 1 Week to put the burden on the school PLANNING k ZONING JULY 28, 1999 39. Page 93 •Page 96 I i i eonaenselt ,H ., Page 97 page 99 I 1 to be responsible for putting up a masonry fence for If t something shaped I'm just Saying you can't just have a 2 alternative use building that's tat part of the SUP,1 2 straight line. We need to have some width to that Une, 3 think that's a bit"orbital in my mind I we it as a 3 So foci or something like that as you kave the flag 4 dual use property and to have the church be roqulred to 4 part and you go to the pole part. 3 put in a ream up to a oerWo point when It's bring S Ma nwEw sire Chalrman,it ht's 6 used by the worship center,the church Itself•- 6 appropriate,I'd like to move on this issue to get the 7 Mx.DMEx: But this is not--you 7 discussion around a specific den!if 1 can get a second, a urAersland you only have control ova•-we don't have I if I may. 9 any control ova the church. We only have control ova 9 Ma ENOErBRMr7': 00 ahead,Sir. t0 this applicant and so your sue says if you watt that 10 MR ivvELtw h move to recommend approval of I l school,you build the fcnoe. You're not telling the 11 99-034 finding that it meets the seven criteria of 12 church to build the knee and then he would have to go u Section 35.112 of Chapter 35 of the Code of"nunoe 13 back and confirm with the church that they wouldn't 13 with the conditions mcommmdcd by staff on pope 21 with 14 object to him building the fenoe or the school building 14 the following changes. No. 1 would stay the same. Is the feria. I s Condition No, 2 would read as follows: The student 16 Ms.OOLIWIC. well,I guns my personal 16 enrollment is limited to 300 students with no mere than 17 objection Is I'm seeing it as a big parking lot that's 17 1 s0 students attending classes on any given day. I I probably not going to be used as much as we're presuming 11 Condition 3 would stay as it Condition 4 would read u 19 it would be used and,I mean,being that It's,what, ISO 19 follows: That a six foot high solid wood privacy fence 20 spaces sitting there. And If you think about two acres 20 on steel posts be constructed along the seutIM 21 of land,you've got your student•-your faculty staff, 21 property tine abutting existing maildont Al lots before 22 which may b4 what,20 cars at the most at the high 21 the eommenammt of the school, subject to the 33 school days,off and on. So 1 just can't we us,in my 23 trgudathone in place for building such a fence for the 24 own personal mind,l just think that it's a lot of 24 City of Denton. And Condition No, S would may as la is gem that v.e're covering that I don't know if the 16 MA IUSHELr rust one elarificadoo. Of" Page 98 Page 100 1 school would actually be using. 1 school,you were very specific in leaving out the 2001. 2 MR. ENO ELnKFCH'f: The reason I asked the 2 MA POWELL: Absolutely. 3 question, it didn't have to do with the parking at all, 3 MR.MHEL: chunk you. 4 in the application they indicated they were going to use 4 MS,OOURDM And did you want to keep it at 3 the parking lot as a recreational area and they were s the 9.57 acres or did you want it reduced to site plan? 6 simply requesting only part of the parking lot. But 1 6 MR.POWELV No,it's specifically spelled 7 can i believe that you're going to control those 7 out there,the southern-• well,now I've lost it but-- I children to stay in that half Uf the parking lot. I constructed along the southt:m property line abutting 9 11here's a natural boner In de building and it's on 9 existing residential Ioti,which Is that whole orange io the sarne principle that I bclkvv you were coneerred to line from left to right. 1 I with how you're going to keep them out of that little 11 less,t>DURf)M- I peas i wai questioning the 11 strip area in the back. And I don't we how you're a sup being for the whole 9.5 some odd aces venom 13 going to keep those children out of any of those areas 13 MR.POWELL- All right. 71en I`uc6a I 14 very well. I went to a private school very similar to Is would add another section or something that would i S this and 1 saw how those regulations didn't work. is descn'be the area in question,the SUP to be the 15 MR. wine: Let me be sure,one of the 16 triangular area bordered on the east by the permanent 17 things you could do,l was saying it's easier legally to 17 building,and f don't know what it's called. Help me 1s fie down the boundaries of the triangle. There's, is Out Mm. rr 19 nothing d at says you couldn't make that Into a Flag, 19 Mx.REEb, an It the sanctuary. A 20 And the theory Is like the parking spars,you MISM say 20 MR.POWELL! The permanent sanctuary t r' 21 th,t all the way to the north kids could be up there 11 bordered on the north by Highway 380,bordered on the 12 next to University and you wouldn't hear them You 21 south by the fence litre that we're speaking of and it's 23 could drop that line to wherever you feel, If it shuould u a triangle so there's no western border, DM tint 24 be 10 parking spaces deep,you could cut your line tlsxe 24 help? 7hat's In my motion, 2s and make it Into like a flag of a Sailboat maybe or 25 MR ENOELnRBdrfr 1'n second it PLANNING& ZOMNO JULY 28, 1999 40, Page 97 Page 100 t I I Coodenaolts'c ' Page 101 Page 103 1 MR.PISHEL, A friendly motion. It eoundcd ' ' 1 MR POwELL I trndcrstand now What Y�ate 4 2 like Mr, OLUmotaa would not have objwted in No.3 if 2 Sewn AL y' 3 the time from was limited from&A0 to 3:30 as OPPosod 1 MR.RIS1tEU I'm worried that the six foot him for clarification, 4 rcra would not be�-1'm afraid that the sound L b 8:00 b$ :00. I m l b i 4 �n8 s Mr.Occootsa,8:00 to 3:30,would that be appropriek s projecting right over the fence and not doing the 6 you said? Or Is that Mr.Reed that said that? Some= d neighbabood any good. 7 sal d that. 4:00,could you accept 4:00 o'clock? 7 MR.POWER, would we be more apt—aorice R Ma Poweu Yee stn, g how I worded that,ma m apt to Yet Your vote Ia favor on 9 MR.RMH t: lbw&you. 9 two If we made that an fight foot fens,sir. II 10 MR. ENGnARECHT: The second will go long 10 MR.RLStIPI.a More APL I 11 with that Any other discussion oo the motion? 11 MK POWUu Mae apt. I&C7alrnan,since 13 MS.OCUMP.4 I would like to say 1 won't be 13 you Wooded the motion I would like to change L'ds to 13 voting In favor of this. I have real concerns about the IS an eight foot solid wood privwy fens on steel posts 14 fence being ail the way to the wonhlP center, 14 inelad of I six Not since we're more Apt b Yet Is MR.vc;ELearcHiS okay. Ms.Apple, IS mother vote on this. Would you go along with that? I d Ms.APtLe. I just want to say that I'll be IS MR.IRMUaECHSi I would second that Yd, 17 voting against tidy,also. I'm not comfortable with the l7 I,u go along with that. Odner diaualon? Mr.Moreno. 1 S potential number of students in such a limited amount of is MR Mom* Yee,sir,Mr.Cbalrman: ism 19 apace backing up to a residential wighb orhad. The 19 not nee whtcb way I'm tolrg b vote just yeL I'm 20 reVonsa that vrae in opposition b this by the 20 concerned In this particular CAN about the life of s 21 nelgbboa,their ewer eonaxus were anise,traffic.And 21 wood tenor. I've got A fesiirag that tW I school may 23 tack of privacy and I must say 1 share their concerns. 22 become a very suwwfd school and be with us for roam j, 73 MR.RISHEU I'm wnoerned also about the 13 many years to come. So I would vote for the motion it 24 fence as it runs and I'm just afraid that the elevation 24 It�aw A masonry fence, is of the propeRy and the elevation of the neighbor,and 35 MR t1W2RW M I just wanted to point Page 102 Page 104 I six foot high even masonry isn't going to be Dar 1 o41 think Mr.Buck will be beck in jug I moment and 2 adegeak enough to give the protection that the neighlrr 2 we'll ask him fa sure,but 1 believe that they'll be 3 ••to that neighborhood that's we'd tike to we 3 required to upkeep the fence And it obey don't that Is s 4 typically. 4 violation of the SUP. S MR.XMLla Mr.CIZIM n,if I might s MR.MD. Thal is cormct. They would have b discuss that with Salty. I think you odd earlier,&, 6 to malntoin the feooa. 7 that the land the church is oa of this school WAS going 7 MR pNOELBum. 1r they di dn't they could 8 to be on,In theory,Is higher than the booms. Is that t Set°it could be pulled. Mr.Powell. 9 right? 9 MIL POWP2.l.a rat in diuuasiM%1,10.was 10 MR.RISHEU Tort was s question 1 had and 10 inclined to to dap with a masonry,face and 1 even I t it wM anmed. Yea,sir. 11 rraartiaad it. But baying been In the coadmrdon 12 MR.PowEttr okay. it it's h*w then,of 12 budocK l remember the Price of a masonry fens vasty ' l3 corm the rents Is bights so whatever the drop oft 4 IS the price or a wooden fena even an eight foot,Ind It's 14 down td the hoax lot Is going to be added to the rem Is strocim be,try to build s br c build I'm afraid r the IS height IS MR. RISHSt.a would you look at the picture id price would put the Iahnal rout out or business. I 17 with tee? l7 don't think an eight foot fence wood+nd that's Wby I I8 MR POWELU Yes,sir. 18 sugrood it.1 p4pM in on Stool page because It i ' 19 MR.usHEw Okay. I talc!It that the testae 19 trtands'nP balsa. And it It's tleoaaary b make tba As , 20 that you're propocIng would be replacing or many 20 maintenance tt this wooden rent part of doe modo4I'm 21 replacing what Is cwmody the cholodink fence? 11 wiping b do that I'd jug llke to Std thls thIN 22 MR.POWELta Yea,*. 23 WAng and that's why I msde s motion to we'd bm f 23 MR RISItE1J And b you tin we fiat fens 23 saaethhg to talk BNA 24 compued to the property wticb appears to tree to be them 2$ the modntmsooe ht ad req"[it the motion.that Is 13 a four foot difference In beigh4 PLANMNO &ZONINO JULY A 1999 Pt3�e 101 •Ptt4e 104 • l Condenaeltts' t Page 105 Pogo 107 1 pert of the sup. tr they donl meet the cocdidons, I Commissioners,would you like to take 10 minutes. We're 2 they can get the sup pulled at be fined,by the way. 2 going to take 10 minutes. 3 MR.RFfQ The City star(would to out Om 3 MR.VXElt: For the purpose of the pleases, 4 if there was a reawn,a call or if they were visit' 4 the vote wall be considered as no action by the P sit Z. s the site just to check if they were In compliance. if' 3 MA woetertEord And will be sent forward 6 they saw a violation,they would give them an 6 to the Council. Isanit You. 7 opportunity to get back In conformance and than visit 7 (Break taken,) 1 the site again to make sure that they did it. If they 8 MR.wmskmff;. neon No. 7 which It 9 did not,again,a citation would be Issued at that time 9 Wheeler Ridge,167.4 are property located between 10 and we could bring it back to P 1k Z snd Ckty Council. to Nowlin Road,Fmi I11.and Robinson Road in the I 1 MR.moie4 , Thank you. Thosc comments are I I estrate ritorial jurmcdom. Hello. Somebody pushed 12 very helpful, 12 something aomewbuv. lUnk you. We're on Agenda Item 13 MR,EHGELBRF.CHP. Other COmnents, I s 7,there's two pans. The fist Is to bold a public t4 Commissioners? I just I want to make ON statement 14 hearing and consider Making a recommendation to the City is before we call for the vote. Obviously,f seconded it. U Council conc<roing the Annexation with temporary 16 1 will be voting in favor of the motion. I have fat in 16 Agricultural zoning classification, At this time I'H 17 all the doors It= I recognize there can be problems 17 open the public haring. W.Relchhart will provide w 11 with the local residents particularly those that back up 19 with the staff report, Sir. 19 mom to than the ones across University. I attended a 19 MR REtcwwy: 'thank you. If 2 could,at 20 private school in a setting very similar to this and one 20 the time time wn'H roll right Into the proposed aancept 21 of the problems we had over the years always was with 21 plan public hearing,If You will,too,for the zoning. 22 the ncighbm. And than wit no requirement for fences 22 They're Interrelated, We an looking at 167.477 arse 23 and there weren't any or whit they were were minimal and 33 site, It Is in ate of the 001,111an,aoutl,outem 14 it didn't work. I think that eight foot fora Is very 24 portion of the City. Will you get the overload,pleat? 25 Important, 2! And j ust to point out,this is Teasley Love running I Pogo 106 Pogo 108 I I like to we all forms of education, I along here. Ibis era it currently going through o 2 public, private and other, and that's the pail about I number of annexation requests. Recently,vm heard this 3 this that I like, I do have some conoems about too 3 site right here which was Top of the Itill Subdivision. 4 much growth and 1 drink the I s0 iimit ant of takea care 4 We're now looking at this site tooight. In do nee, s that problem And with that I'll shut up. s future you'll be getting annexation requests for the MSR.PxKmvART: if I may,l Just had tine 6 site ii jaoent••to the ant of this site and a little .nought as 1 war listening to the debate and if 1 may 1 further tatth We're dewing filling In the bola u we a Just jump In. One of the conditions with site eight foot 8 proceed further south, So this is almost a natural 9 fens extending beyond what wt ^il&t the limits of 9 progression of properties that are being requested to be to the SUP,there are a number of in u •j Casa,typically, 10 annexed. I I where we require off-site improveunents whether it's I I As we,look at the mnexadai,in the packet I2 regarding the traffic,turning lanes,dralnage,any of 12 there's a schedule of public hearings associated with 13 those Issues,Wcause the problem created by the new 13 We and also a service plan and all indications tn>•date 14 condition loci farther than Just die site so wn make the 14 indicate that ail public steviots,fire,libraries, I s applicants mitigate that And that's one of the reasons is police,utilities,wHI be sufficiently be able to 16 to extend the fence further than•• 16 service Ale site when it Is annexed. I MR.MELDRECHT: okay. Well,I think we've 17 Associated with the mxxatlon the applicant is got it covered within the SUP, okay. Any other 11 has requested a re ronGtg for ttdt sin. And here's a , 19 d;scussion? All in favor of the motion raise youf right 19 littk'btow•up of the site, We're looking at three 20 hand. Opposed same sign. 20 tracts associated through the whole sits. Trod It ( j 21 Mm ooUAUin opposed. 21 we'll lowrij up here In the northwest corner of the 22 MR.RLSHM opposed. 11 sin is looking to be a oanrnercial•ortented toning. the 23 Ms.APPLB: Opposed. 23 Iowa trod Is also looking at oomm nclal. 1 r'rould 24 MR. ENOELBRECNT: three to three. Motion 24 point out at this time that cutting thratgh the MW 1s foils for a lack of a mejority. Next item• 2! la Qe proposed extension of FM424s9 caning tight through PLANNINO A ZONING JULY 28, 1949 42. Page 103 •Page 109 t . i ATTACHMENT 3 E NOTICE OF PUBLIC HEARING Z•99-054 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, July 28, 1999, to consider a request for a Specific Use Permit (SUP) for a part-time private school located at 1910 E. University Drive, cornmonfy known as the Donlon Bible Church (see map on backside). The property Is legally described as tot 1 R, Block A,of the Denton Bible Church Addition,in the City of Denton, Denton County, Texas. The area Is classified as a Singl*fanty 7 (SF-7) zoning district The public hearing will start at 6:30 p.m. in the Ciy Council Chambers of City Hall located at 216 E, McWnney Street, Denton, Texas. Because you own property wlfhln two hundred (200) feet of the subject property, the Planning and Zoning Commisslon would like to hear how you feet about this zoning change request and Invites you to attend the public hearing. Please, In order for your opinion to be taken Into account, return this form with your comments prior to the date of the pubilc hearing. (This It? no way prahlblis you from offending and participating !n the public hearing.) You may fax It to the number located st the bottom, maEl it to the address below, or drop It off in-person: Planning and Development Department 221 N.Elm ST Oanton,Texas 76201 Attn: Wayne Reed, Planner 11 The zoning process Includes two public hearings designed to provide opportunities for citizen Involvement and comment Prior to the public hearings, landowners within two hundred (200) feet of the subject property are noticed of the zoning request by way of this notice. The fl(st pubilc hearing Is held before the Planning and Zoning Commisslon. The Commission is Informed of the percent of responses in support and In opposition. Seoond, the zoning petition le forwarded to the City Council for final action providing the Comm'asion EdpprovalShould the Commiselon recommend denial, the petitioner may then appeal the reai to Cly ncil, If owner of more than twenty (20)percent of the land area within two hund200)fee!of the site submit wriHen opposition,then six out of seven votes of the City Council ere requlred 10 approve the zoning change, These forms are used to calculate thepercentago oftendowne►opposWon. Please circle one: In favor of request Neutral to request Opposed to request Comments; r JUt 2 6 Signature: L _ . Prinled Name: ___ pLANNVNO & OEVEIApMENt Malting Address: i City, Stale ZI Telephone Number; 1 Physical Address of Property within 200 feel: r—,,,j��[� CITY OF DENTON, TEXAS (81 t HALL WEST a DENTON,TEW 76201 040.349.6360 (F)010.340.7'107 1.09 054 900'NODU doe 43, . NOTICE OF PUBLIC HEARING Z•99-054 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, July 28, 1999, to consider a request for a Specific Use Permit (SUP) for a part-time private school located at 1910 £, University Drive, commonly known as the Denton Bible Church (see map on backside). The property Is legaly described as Lot 1R, Block A,of the Denton Bible Church Addition,in the City of Denton, Denton County, Texas. The area is classified as a Single-family 7 (SF-7) zoning district. The public hearing will start at 5,30 p.m. in the City Council Chambers of City Hail located at 215 E. ` McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and Invites you to attend the public hearing. Please, In order for your opinion to be taken Into account, return this form with'your comments prior to the date of the public hearing. (This In no way prohlblls you from attending and participating In the public hearing.) You may fax It to the number located at the bottom, mall it to the address below, or drop It off in-person: Planning and Development Department 221 N. Elm 8T Denton, Texas 78201 Attn: Wayne Reed,Planner fl The zoning process Includes two public hearings designed to provide opportunities for citizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing 1s held before the Planning and Zoning Commission. The Commission is Informed of the percent of responses In support and In opposition. Second,the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20)percent of the land area within two hundred (200)feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. Theo*forms are used to calculate the percentage of landowner opposition. Please circle one: In favor of request Neutral to request Opposed fo request Comments: � `��,►611E A PRlvara �et+taaL h7 3t; l�eafieD ow Aatr AfAaccr tale OW, W1VAtiw4 "uLb Abb Whoa To L4WEbr,4t1 . AREA, Fdgnature: (b p 1�/ l Printed Name: - Qdrhy RNAj tsilr?flC9'r �J MaliingAddress: AlU QiZf—N.&I520 _ =60 City, State Zip: 1 A, ; Telephone Number. - 'Z-7/l 4 - —1 PLANNING 3 OEVELpPMENT Physical Address of Property within 200 feet CIT'YOFGENTON, TEXAS CITY HALL'NEST s DENTON,TEXAS 76201 a 040.340.M • (F)040.340,7107 I•DD-0Sr r00'NaIk1.daC 44, s 4 I I NOTICE OF PUBLIC HEARING i Z-99.054 FTh4P, and Zoning Commission of the City of Denton will hold a publio hearing onVedne§day, July 28, 1999, to consider a request for a Specific Use Pem>It (SUP) for a part-time private school located at 1910 E. University Drive, commonly known as the Denton Bible Church (see map on backside). The property is legany described as Lot 1R, Block A,of the Denton Bible Church Addition, in the City of Denton, Denton County, Texas. The area Is classified as a Single-family 7 (SF-7) zoning distdcL The public hearing will start at 6:30 p.m, in the City Council Chambers of City Hell located at 216 E. Mclgnney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feet about this zoning change request and lnvkes you to attend the public hearing. Please,in order for your opinion to be taken into account, return this form with'your comments prior 10 the date of the public hearing. (This In no woy prohibits you from attending and particlpating In the publio hearing.) You may fox It to the number located at the bottom, man K to the address below,or drop It off in-person: Planning and Development Department 221 N. Elm ST Denton,Texas 70201 Attn: Wayne Reed, Planner 11 The zoning process includes two public hearings designed to provide opportunities for citizen Involvement and comment, Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing Is held before the Planning and Zoning Commission. The Commission Is informed of the percent of responses in support and In opposition. Second, the zoning petition Is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission reoomno*nd denial, the petitioner may than appeal the request to the City Council. If owners of more than twenty (20)percent of the iii A area within two hundred (200)feet of the site submit written opposition,then six out of seven votes of the City Council are required to approve the zoning change. Those forms are used to calculate the percentage of landowner opposition. Pleaso circle one: _ In favor of request Neutral to request Opposed 10 request Comments: JhW fn f'OkJ QCI rf.�,(� i tA !�= d ," , � �• Sri , �,�- S natur (R �q Printed Name; /�pkrt/l) <ti. EC � � G E Mailing Address: j _ D i city, state zip; s JUL 2 8 1999 A, Telephone Number; rf0- _ r ..r— i r . Physical Address of Property within 200 feet: 4W. /1WU'� PLANIJING a OEYELOVENT O)TY OF DENTON, TEXAS crry MILL WEST s DENTON,TEwfs 70201 • 940140.9350 , (F)W0,3491107 LOP DS/200'A0k@,,lac,,,) ,1. 45, - I - ATTACHMENT 4 Z - 99 -054 (CALVARY PREPARATORY ACADEMY) PHOTOS I a � 7 �i � k �8it�.d.,.a ��J.�SLTJ ld.�w k„ y�,'T.,•} , i Photo 1. Photo 2. i N ff L Photo 3. Photo 4. k4 � M j .,,/ Photo S. Photo 6. Z - 99 -054 (CALVARY PREPARATORY .EMY) PHOTO Photo 7. Photo 8 Photo 9 Photo 10 ell Al Pholu 11 Photo 12 �Y� , �;,::, W+�t s.i '• � R�i ,jam x .��,ee■■�♦ a. ^I I f' - �,.N r 'r•�II I��M;� � .1 �.,b4� � �.:.! 11���!11, �.� rU'iM w •� m �. r ATTACHMENT 5 �t k ' k BIB F ; fi � tlw ��Jlk• k ����i 1` '° n A, ! € 1 a August 11, 1999 Calvary Preparatory Academy Mr, Dwayne Reeder,President RN Pcnce Behind 2003 Mohican Drive Dcar Mr. Reeder i The purpose of this letter is to state our firm objection to placemFnt of a fence on the back of our property at 2003 Mohican, A fence of any type would restrict th e usage,of the yard, sid,. al k,and house on our property. I±irla li, ri fence would be unsightly and inappropriate for the landscape plan for this area. Once again, it is requested that a fence not be placed on the north side of our property located at 2003 Mohign, c rely, I' J. ncs C. 1 till dministrativc I'astor AUb 1 2 ' PLnNN NO & bE:VELDR'TENT ;: },"• 1.910 E. University Dr • 'Kenton,Texab 76201,E Phone:94383.2115 FAX 2940.565.1 48, Email:10212136b6f compu4erve. m a tit lye t, Dam I Planning and Development Department Attn.Wkyne Reed 221 N. Elm Denton,TX,76201 Re: Specific Use Permit for Calvary Preparatory Academy at the Dentin Bible Church As a resider; and/or property owner that will be directly affected by the proposed requirement for an eight-foot wooden privacy fence between the Denton Bible Church property and nq home, (Please Mark One) i m opposed to the requirement of an eight-foot wooden fence between the Denton Bible Church property and my raidence. ❑ I m in 6onr of the to the regitement of an eight foot wooden fence betom the Denton Bible Church property and my raiderim ❑ I am eeuaif to the requirement of an eight-foot wooden fence betaeert the Denton Bhbk Church property and my raids nce, My 1"tional comments-, JJ 1 l Stteatnren Prloted Namet MalNq Addreeet 71r1epaoaet .Arno 1=s 1 . PhYtlCd Addrea of Pro AUG 12 M9 t_J 49. PLAN tJiNG GWDEwVFlf1 OC! ? i 1 1 t I 1 PR7R9CK K. 9R?�1dR l9ff AfN).ln9CAN R4��. ��NtidN, 'T.Y. 7Q20f 06-11-99 Planning and Development Department Att. Wayne Reed 221 N. Elm St. f Denton, Tx. 76201 i Re: Specific Use Permit for Calvary Preparatory Academy at the Denton Bible Church (1)I have chosen to oppose not only the Calvary Preparatory Academies specific use permit but if granted,(2) I must oppose the requirement of an eight foot wooden fence between the Donlon Bible Church property and my residence. 1)1 do not believe that the Denton Bible Church will benefit from the school other than monetarily. The addition of a private school to the neighborhood, in my view, wilt add nothing positive to the neighb oftod. When we purchased our tame, we betieved having a church behind our residence to be a positive point We did rYA want a school,of any kind, this does to our residence then and do not a ,bi it now. 2)Wooden fences have a tenancy to become unattractive very quickly. A wooden fence, when Installed property, may start off somewhat attractive. With exposure to the elements, they usually become weather be sten rather quickly. 3) Since I do not know for sure, l must assume that the fence would be built on the north el le of the easement between my property and the church's property. Without some type of written agreement from the City of Denton, I do not believe that the city would maintain the ally in the manner that the church currently does, 4) 1 am sure that N the permit is approved, the city has a noise nulsance oruinanoe in place, that would protect n.;property from any annoying noises. 6) It is my opinion that The Planning and Zoning Commission has no business requiring anyone to install a fence on their property unless tt Is required by code. i AUG 1 21999 � PLANii'M & C}FVFLOP',O'ENT 50, t- I i Darr. Plmning and Development Deparonent Attn.%yne Reed 221 M Elm Denton,M 76201 Re: Specific Use Permit for Cahnry Prepantory Ac&kn y at the Denton Bible Church As a resident and/or props ny owner bat will be directly affected by the proposed requirement for an eight-foot wooden priacy fence between the Denton Bible Church property and my home, (Please Mark One) rtes I am oppaed to the rcquiremmt of an tot-foot wooden fence between the Denton Bible Ch+ach property and my ndidenca ❑ 1 am in favar of the to the requirc..o t of an eight foot wooden fence betwm the Denton Bible Church property and my residence ❑ I am neurrdto the mquira=t of an eight-foot wooden fence between tht Denton Bible Church property and my residence. My additional eorrhrnents: I 1 Slgaatum PrintedName� y—��e/�.�� MaINngAddrta f1�67 /,'I�{IrGAh r releploue, 5 f 0361 - r� -- A, , Phy"Add mas of Propertyt AUG 12 ;3393 51. I Planning and Development Department Attn. Myne Reed 221 N. Elm Denton,TX,76201 Re: Specific Use Permit for Calvary Prepuatory Academy at the Denton Bible Church As a res*,dent and/or property owner that will be directly affected by the proposed requirement for an eight-foot wooden privacy fence between the Denton Bible Church property and my home, (Pkax Mark One) I am opposed to the ergvieetrmt of an eight-foot wooden fence between the Denton Bible Church Property and my tilde ce. ❑ i ut, in far"of the to the requirenrnt of an eight foot wooden fence between the Denton Bible Church property and my residence. ❑ I am neuudto the regiterm t of an eight-foot wooden feria betovem the Denton Bible Church residence. ProP�y and my My additional comments- Spann: patnn: Printed NMZ Maillog Addreaat Tekphona 61O --�0 _ _ 712 A, Physical Addna of Propertyt �' �- AUG 12 U ; J' L_______ _...... PLANNING E 52, t t Date: Planning and Development Department f Ann. Wayne Reed 221 N.Elm Denton,TX,76201 Re: Specific Use Permit For Calvary Preparatory Academy at the Den Bible Church As a resident and/or property owner that will be directly affected by the ptoposed requirement for an tight-foot wooden privacy fence between the Denton Bible Church property and my home, (pease Mark One) a'�'I am opposed to the mquiremmt of an tot-foot wooden fence between the Denton Bible Church property and my midence. ❑ I am In fanv of the to the requirenmt of an cilot foot wooden fence between the Denton Bible Church property and my midence ❑ I am neumdto the requirement of an eight-foot wooden fence between the Denton Bible Church property and my residence. My additional conmrnts: f Siswture: 44. Printed Name: izeretwl i;` Ma1he;Addrem O Wephonet p . �gP- P9y�_ — - - - ,) F ri1 Add rem of Pro — 91r9n..AUG 1 -J FLAfdidlNG & UF'1�FLG!'�tt'ii 53. Daz: A Planning v)J Development Dcpumvnt' Arras.Wayne Reed 221 x Elm Denton,TX.,76201 Re: Specific Use Pernit for Calvary Prepantory Academp at the Denton Bible Church As s resident and/or property owner that will be directly affected by the proposed requirenxnt for an eight-foot wooden privacy fence between the Denton Bible Church property and my horrq (Please Mark One) ❑ I am opposed to the regrirerrrr t of an eight-foot wooden fence between the Denton M-ble Church property and my residence. lJ 1 am in b or of the to the requireent of an eight foot wooden fence between the Denton Bible Church property and my residence. ❑ I am neutral to the requirement of an eight-foot wooden fence between the Denton Bible Church property and my residence. My additional comments: (Y) (fly r - Lam Signature: X ,,AAA-- Printed Name- '5U 511 n S mAr n MaillntAddtm: 16115 MU h t CAS kenue i Telephoner q4� ' dif 3 ' ( ! �, — — - A, p _ f r Ryelcid Addttu of Pro" AUG 12 xN9 PLANNING & OF:VFLOfj,OrN1 54 . DAM Planning and Development Department Attn. Wayne Reed 221 N. Elm Denton,TX,76201 Re: Specific the Permit for Calvary Preparatory Academy a the Denton Bible Church As a resident and/or property owner that will be directly affected by the proposed requirement for an eight-foot wooden privacy fence between the Denton Bible Church property and my home, Meat Mark One) ❑ I am eppooed to the mquirem ent of an eight-foot wooden fence between the Denton Bible Church property and my residence. I am to fives of the to the requirement of an eight foot wooden fence between the Denton Bible Church property and my residence. ❑ I am neutnd to the requirement of an cot-foot wooden fence between the Denton Bible Church property and my residence. My additional comments: _S� k.T [sic c." � � riA\4C �tiaJ11 tA4 r .6 OtACK T r `► LOL �D r SIC"".. ?rioted N t MAMdj arenM:ar�� Telephones - - - P Addrea of Phopenr jpo4 . AAX PLANNING t UF'VU:IIY'CNT Date: DO planning and Development Department AUG 1 3 i Attn.Wayne Recd j 221 N. Nam PLANNING b DEVEL0 MENI I Denton,TX,76201 Re: Specific Use Permit for Calvary Preparatory Academy at the Denton Bible Church As a resident and/or property owner that will be directly affected by the proposed requirenvnt for an eight-foot wooden privacy fence between the Denton Bible Church property and my home, dI J , (PkasS beak One) is►rt�['w�ha'.'-� •�hL-E�I�?�t Q I am opposed to the requirement of an eight-foot wooden fence between the Denton Bible Church property and my residence. ❑ 1 am la frvor of the to the requimnent of an eight foot wooden fence between the Denton Bible Church property and my residence. ❑ I am neurnf to the requirement of an eight-foot wooden fence between the Denton Bible Church property and my residence My additional comments: a - uP nom- w,,.;a era �k,�y ' ,w�.t Q'!►? .cwtia� 1 w �- s Paton �►�,"r.��.QO�. Ori Printed Name: f X :` �Tek 6oec: / ` 1�'uJfWM� r Physkal Address of Pro p� 01"% 300 ,,wa �n � r.�'o, b.a M 4 Ci I ` Noma Loalse Epkrdm 1#1$Locrtdey Love Lkrrfar, T"M 762e1 889-581-2865 i rowQrpirlrM.ner � I August 11, 1999 Mi.Dewayne Reeder ! Cahary Preparatory Aeaderry P.O.Box 2171 Denton,Texas 76203 Dear Mr.Reeder. in response to your letter orAug, 8 oatlinIng the conditions under which the Planning and Zoning Committee has placed on your roqu o for a Spear Use Permit,t would I lie to make several observations which might be helpful: 1. With each new expansion or addition of programs, neighboring houses have been faced with having to deaf with additional noise. My house which is the last one on Mohlean and Is adjacent to the church's property is perhaps the mast affected Pwkrng tot programs,both day and night,rob this family of any privacy. Also car lights at night invade this home's bedrooms no matter bow tightly the dnpet might be drawn. 2. The area betwoco the 8.10 cylone knee and the fence of my property has never been malrmalned by the church. The tenants offered to grow flown there and maintain h,but the church said they would take care of it To date,that has sever happened The tenant built composts h d to keep the leaves and debris that should have been handled by the church. My questions are these: . Who will maintain the area between the proposed fence and how close is it going to be to the already existing kaoea of the nelghbonr "Will it detract from the neighborhood or will it help maintain the value of these homes?" 3. Although the Committr,;has placed resvktions On the popriletion Of your school,where wz7i you have to build next to handle the Increase from 80 to 300? Where wilt the addWonsl parking IoM have to be placed? Who it going to handle the traffic? Whik I support oducation in any form or fashion,what support hit been given to this neighborhood to ensue their right to privacy in their awn backyards or to their right to maintain the vahre of IM property in which they Invested? Sincerely, Norma L.Ephraim cc: Wayne Rued C E planning and Development Dept.A, t AUG 13 1449 P'i.ANNING & DMWPMENT I 57. . c I • � %�fino r tI �!! Date: AUG 13 1999 D Planningirc! Develop.•nent Deputment Attn.%).w Reed 221 N.Elm PLANNING A DEVELQPMENT Denton,TX,76201 Re: Specific Lhe Permit for Calvary Preparatory Academy at the Denton Bible Church As a resident and/or prop" owner that will be dirtctly iffectad by the proposed requirement for an eight-foot wooden privacy fence betmen the Denton Bible Church property and my home, (Please Mark One) ❑ 1 am opposed to the requirement of an eight-foot wooden fence between the Denton Bible Church property and mq raidertm ® I am In favor of the to the requirement of an eight foot wooden fcrxe between the Den ton Bible Church property and my mid era. fkL V ph",,5? r:t ❑ 1 un neutrd to the requieemnt of an eight-foot wooden fence between the Denton Bible Church property and my residence. Myaddiuo corrrtrnh: .a.. sw� It Who• � r j � Printed Name: MaiHnp Addawc: Telephone: 9�^ 7 a KIvS / , PhyakalAddxaof Property: a x- aL� /40o- ' JL �-�- kk� c d� `EAU � O, aa- a-- ,Q a I L 1 i� i ATTACHMENT 6 u NORTH Z-99-054 (CALVARY PREPARATORY ACADEMY) F* qw Fit _ �' �0 4TE t6CATI C P - -,-,_.--_-� a FOOT TALL F (CtACLESCLES IND G N ILCCISTINOF EXISTING WOOD FENCE ALONG PLAYGRWND r \ 2 $1 1, 180 MIS of Il* a Lot I R, Block A J ; ' �Pe of the Denton Bible - a ' Church Addition J 1J ) f I FENCE MAP Limits to Calvary Preparatory Academy Oppose a Fence In-favor of a Fence .ti Agenda Date: August 17, 1999 Scale: None 60. I I I f C. I C'Snit Manning'(lua-7amin j I9WZ-99.054'7-99-054 Ordinance dK ATTACHMENT 7 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO ALLOW THE OPERATION OF A PRIVATE SCHOOL ON 9,578 ACRES OF LAND LOCATED AT 1910 E. UNIVERSITY DRIVE ON THE SOUTH SIDE OF EAST UNIVERSITY DRIVE,BETWEEN NOTTINGHAM DRIVE AND SHAWNEE STREET,WITHIN A SINGLE-FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION;PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOk AN EFFECTIVE DATE. (Z-99-054) WIJEREAS,Dewayne Reeder,on behalf of Calvary Preparatory School,has applied for a specific use permit to allow the operation of a private school on 9,578 acres of land located on the south side of East University Drive,between Nottingham Drive and Shawnee Street,within a Single- family 7(SF-1) zoning district classification and use designation;and WHEREAS,the applicant has indicated that the proposed private school will use existing j buildings and parking spaces on the subject properly, will have a maximum enrollment of three hundred(300)students using existing buildings, will limit classroom hours between 8:00 A.M. and 4:00 P.M., Monday through Friday from August to the end of May,and will require no changes to existing utilities,access to roads,drainage, and other necessary st i,porting facilities; and WHEREAS,on.'uly 28, 1999,the Planning and Zoning Commission considered this permit but as a result of a 3 — 3 tie vote made no recommendation on the approval of the Specific Use Pen-nit for a private school; and WHEREAS,the City Council finds that the Specific Use Permit will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies and the 1999 Growth Management Strategies and Plan;and WHEREAS, is accordance with Article III, Division 4, of Chapter 35 of the Code of Ordinances of the City of Denton,Texas, the City Council finds that all of the following conditions exist: That a private school limited to the use of the existing buildings as identified by the site plan attached hereto and incorporated herein as Exhibit "B" and limited to classroom hours between 8:00 A,T4. and 4:00 P.M.,Monday through Friday from August to the end of May will be compatible with and not injurious to the use and enjoyment of other property not significantly diminish or impair property values i within the immediate vicinity; and ( Jr� That the establishment of the specific use for private school that requires no changes to existing utilities, access to roads, drainage, and other necessary supporting far,litics will not impede the normal and orderly development and improvement of surrounding property;and l 1 I f I C'Iknhm PI ann in j('nm-7.on ins,19WZ•99-054'$-09M4 ordinance doe r That adequate utilities, access roads, drainage, and other necessary supporting facilities are provided; and That the existing design, location, and arrangement of all driveways and parking I spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; and that adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust,noise, and vibration; and I hat directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property; NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON I IEREBY ORDAINS: SECTION 1. That a :pceif c use permit to allow the operation of a private school on a 9.578 acres of land described in the legal description attached hereto and incorporated herein as Exhibit "A"and located on the south side of E. University Drive, between Nottingham Drive and Shawrice Street, within a Single-family 7(SF-7)zoning district classification and use designation,pursuant to the site plan attached hereto and incorporated herein as Exhibit "B;'are hereby approved subject to the following conditions: I hat such use will be limited to the existing buildings as identified by the site plan attached hereto and incorporated herein as Exhibit"B';and That student enrollment is limited to three hundred(300) students with no more than one hundred hid fifty(150) students attending classes on any given day; and 1 hat Cwsroom hours are limited to between 8:00 A.M. and 4:00 P.M., Slonday throul h Friday from August to the end of May;and That an eight foot (S'-U") high solid wood privacy fence with steel posts shall be constn cted along the southern property line abutting existing residents-1 Sots before the co omencement of the school subject to the regulations in place for huilding such a face in the City of Denton; and That any change in lightin(;on the property shall be de0gned and maintained so as not to shine on or ofhenvisc disturb,surrounding,reald,:%Iial property or to shine and proicct upward to prevent the diffusion into the night slay. SECTION 2. "at the City's official zoning map is amended to show the change in zoning district classification, 5 2• Page 2 i 1 I 1 CAWLan Plmning'Cun-Zoning'.1 v9mZ-99-0SP2.99-OS/Oidinmce ON SECTION 3. That any person violating any provision of this ordinance shall, upon conviction,be fined a sum not exceeding$2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. That this ordinance shall become effective fourteen (14) days from the dale of its passage,and the City Secretary is hereby directed to cause the caption of this ordi:ance to be published twice in the Donlon Record-Chronicle,a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY,CITY ATTORNEY BY: r 63. Page 3 j r c r c EXHIBIT"A" (2-99-054) BEING A TOTAL OF 9.578 ACRES LOT 1R, BLOCK A OF THE DENTON BIBLE CHURCH ADMON,AN ADDITION TO THE CITY AND COUNTY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET H, PAGE 332, OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS. 1 .\ 1 61 . ' • • �• I I 1 EXHIBIT B •'(2-99-051) I UNIVERSITY DRIVE _-., -�.__.� •,Sr-380 -- --_... _.._ + ' •!r �j`. ::, ...-_r.•'� � `It� •f `/' r E i a ; �.,,�• '� hid 1 b� 1 � r as. I II 1 V r AGENDA INFORMATION SHEET ENO. 035 kme+Mem AGENDA DATE: August 17, 1999 DEPARTMENT: Planning Department ACM: David Hill, 349-8314 5UMI[—A•88(Tea, Lane NearlfickoryCreel) Hold the second of two public hearings regarding the proposed voluntary annexation of a 37,11 acre tract located on the east side of Teasley Lane approximately 700 feet south of Hickory Wreck Road in the City of Denlon's Extraterritorial Jurisdiction(ETJ). BACKGROUND The petitioner requests the property be voluntarily annexed and Zoned with a permanent land use classification of two {2) acres Neighborhood Services with Conditions (NSfe)) and thirty-five acres (35) Single-Family 7 (SF-7), The petitioner has recently elected to request a more restrictive zoning district for the two (2) acres than was provided for in the first public hearing. The proposed Neighborhood Services (NS) district is located at the northwest comer of the property. The property is currently undeveloped except for a dilapidated barn no longer in use. The proposed primary major arterial(F.M. 2499)runs across the eastern portion of the property. The development of this property will require see era]public improvements: I, Dedication of righl•of-way along Teasley Lane and the proposed arterial. 2. Construction of sidewalks. i 3. Construction of internal streets. 4. Construction of turn lanes. 5. Participation in construction of a traffic signal. G. Stone water drainage improvements, 7. Installation of fire hydrants. 9. Dedication of public utility casements. A Extension of water and sewer lines. 10. Construction of underground electric utility facilities. The proposed dcvelopt,tent is subject to the park dedication and park development fees in accordance with the Park Dedication Ordinance(Ord. 98-039). In accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on a case by case basis the annexation of areas in the ETJ when significant developments are proposed," A preliminary annexation Service Plan has been provided for City Council and public review t , during the annexation process(See Attachment 7). The capacity of infrastructure such as waster, wastewater, streets, electric +gym ice, and other services such as police, fire, recreation, and general government are evaluatcd with respect to The proposed annexation. 1, c PRIOR ACTION/REVIEW July 27, 1999-City Council received a report,held discussion and provided staff with direction regarding annexation. August 3, 1999-City Council conducted the first of two public hearings regarding annexation. August 11, 1999-Planning and Zoning Commission recommended approval of the proposed annexation and zoning districts. ESTIMATED PROJECT SCHEDULE. This Is the second of two public hearings conducted by City Council, The schedule for public 4 hearings is cunsistcnt with the requirements of Slate Law(See Attachment S). I FISCAL INFORMATION None at this time. ATTACHMENTS 1. Location, Map. 1 Vicinity Map. 3. Zoning Map. 4. Utilities Map. 5. 500 Foot Notice Map. 6. Menton Mobility Plan Map. 7. Service Plan. S. Annexation Schedule. R'eIs ecj+tf+ullly ss submitted: Mark Donaldson Assistant Direv:+r orPlanning and Development Prepar d bye: Kathryn Nilssen Planner I 2. i J t " ,nrxi�CHMENT .1 .-88 (Teasley Lane Near Hickory Creek) SITE sir i LOCATION MAP Id 1 / scale, None i �tL�(T�ACNl1RNT'3� I A-SS Tesley Lane Near Hickory Creek SITE Dikmout Country Club Hickory • Creek Ro- b VICINITY MAP t �ffr r ..•.' scek: None 4: c 'f� NORTH ,-86 Teasley Lane Near Hickory Lane FFSITE LIN A ETJ ETJ SF-7 A PD-Iii ETJ ��ETJ ZONING MAP Beals: None 5. i ,,. ."``ATTACHMENT 4 A-88 Teasley Lane Near Hickory Creek NORTH, SITE , f r a • r . i EXISTING UTILITIES MAP • • Hydrants �— • Water Line (VII. L.) • • — Sewer Line (S. L.) � Sate: None tx,J%TrkcNmzNT* 5 ,-88 Teasley Lane Near Hlckory.Creek NORTH . SITE + OWLIN r w 500 FOOT BUFFER MAP _ .a d mom" f Scale: None 7. ' !I I , : .'ATTACHMENT 6 A-88 Teasley Lane Near Hickory Creek NORTH SITE �i OhKWNT .� �l•y as- y �" DENTON MOBILITY PLAN MAP Freeways Primary MajorArterlals. got Secondary Major Arterials collectors , 1" Scale: None s. t t ATTACHHENT. 7 i ANNEXATON' SERVICE PLAN p, CASE NUMBER: A-88 (Teasley Lane Near Hickory Creek) AREA-. 37.11 acres LOCATION: East side of Teasley Lane approximately 700 feet south of Hickory Creek Road In the City of Denton's Extraterritorial Jurisdiction(ETJ). • Mualcipal services to the site described above shall be furnished by or on behalf of the City of Denton,Texas,at the following levels and In accordance with the following schedule: I A. Police Protection 1. Police service Including P &patrolling, response to calls, and other routine functions, will � be provided to the property on the effective date'of the annexation using existing personnel and equipment. B. Fire Protection 1. Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property on the effective date of the annexation using existing personnel and equipment. C. Solid Waste Collectlon 1. Solid waste collection service will be provided to the property on the effective date of the annexation using existing personnel and equipment. D. Watt rlWastewster Facilities 1. Maintenance of water and wastewater facUles in the area to be annexed that are not within the service uea of another water cr wastewater utility will be begin on the effective date of the annexation using existing personnel and equipment. E. Roads and Streets 1. Maintenance of roads sad streelj, tncludinss road o,.d sheet lighting, In the area to be annexed will begin on the effective date of the arnc"tion using existing personnel and equipment. 2. Upon development of the area, roads and streets will be extendM to the'prope!y In accordance to the Denton's Mobility Plan and the appropriite provisions of Article III of Chapter 34 of the Code of Ordinances. F. Parka and Recreation Facilities J. A 1. Maintenance of parks,playgrounds, swimming pools, and other recreational facilities In the area to be annexed will begin on the effective elate of the wolexation tieing existing personnel and equipment. However, there are no existing parks, playgrounds, swimming pools,and other recreational facilities in the area. AVNrrenoNace Mir&0do, „� i I r, AA&lE71 bot4. SERVICE PLAN (A-88)Tessley fans Near Hickory Greek D. Electric Facilities I. Electric utility service will be ptWded on the effective date of the annexation ushA existing personnel and equipment. H. Library Services 1. Library services will be provided'on the effective date of the annexation using existing personnel and equipment. L Code Enforcement,Building Inspections and Consumer HealrL Services I. Code enforcement,building inspection& and consumer health services will be provided on the effective date of the annexation wing existing personnel and equipment. J. Planning and Development Services 1. Planning and development services vriil be provided on the effective date of the annexation using existing penonnzi sad equipment. The Planning and Development Department currently provides services this property by v.-.ay of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. I K Capital Improvements Program (C1P) The CEP of the city Is prioritized according to the following guidelines (1) Provision of Capital Improvements ss compared to other was will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2)The overall cost effectiveness of providing a specific facility or improvement. The annexed area will be considered for CIP improvements in the upcoming CEP plan. This property will be considered according to the established guidelines. c �vNr�urw,varaacrrux.Me . ._ .•, ,y,• 10. E t• -�;! ' ,.ATTACHMENT 8 1•k6'. ' VOLUNTARY ANNEXATION SCHEDULE: A48 TEASLEY LAN9,NEAR HICKORY CREEK May 11, 1999 Staff receives annexation petition. Before staff an Initiate casework,petitioner requests Muff to wall whir the petitioner conducts further research. on June 21, 1999,the pettioner requests that staff resume proceedings. July 27, 1 P99 City Council reoehres a preliminary assessment,gives direction to staff and considers approval of a schedule for pubpo hearings regarding the proposed annexation. • Preliminary Annexation Assessment preps red. • Annexation Schedule prepared. August 3, 1999 City Council cunducts fl rat publio hearing. • Publlo notioe must be no less than 10 days and no more than 20 days before public hearing. • Annexation Study prepared and avatiable for publio review. ' • SeMce Plan prepared aril available for publio review. August 11,1999 Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and the proposed zoning. • Public notice must be no leas than 10 days before public hearing. August 17, 1999 City Council conducts second public hearing. • Public notice must be no leas than 10 days and no rwo than 20 days before public hearing. September 7, 1999 City Council by a four-fifths voto institutes annexation proceedings. Fire t reading of annexation ordinance • Action must be more than 20 days after the second public hoeing but leas than 40 days L'om the first public hearing. k 1 October 19, 1999 City Council by a four-fifths vote takes final action. &Jond reading and Aftlion of the annexation ordinance, City Council holds public hearing and considers approval of zoning request. Council action must be more than 30 days after publication oc , ordinance and less than 90 days after council Institutes A, annexation proceedings. " !r I 1I. a AGENDA INFORMATION SHEET 1044r4 R Uata_ 9-t9-Q�} AGENDA DATE: August 17, 1999 DEPARTMENT: Planning Department 0UDCN1/ACM: David Hill, 349.831 I SUBJEfs-A-91 (Kirby Tract) Hold +he second of two public hearings regarding the proposed voluntary annexation of 46.21 acres located at the southeast comer of Nowlin Road and Robinson Road. in tha extraterritorial Jurisdiction of the City of Denton, Texas. The zoning at the time of annexation will be Agricultural (A). (A•91,Kirby Tract) BACKGROUND The petitioner is also the owner of Wheeler Ridge,located to the west and adjacent to the subject property, They are currently analyzing potential zoning scenarios. At this time they anticipate zoning the entire tract single-family residential, The final zoning and land use configuration is soniewhal dependent on the final alignment for F.M, 2499 (see Attachment 8). The final alignment may provide an opportunity for neighborhood services, a day care center or an assisted living facility. Floodplain Issues might also provide a reason for use other than single-family residential. The site is in the Extraterritorial Jurisdiction(ETJ)of the City of Denton. Although an application for platting has not been submitted, if platted prior to annexation the proposed development would be exempt from the park development fees of the Park dedication 1 Ordinance, because it is located in the ETJ. If it were within the City, park development fees ($291 per residential lot and/or unit)would be collected when building permits were issued. In accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on a case by rase basis the annexation of areas in the ETJ when significant developments are proposed". A preliminary annexation Service Plan has been prepared for City Council and public review during the annexation process (see Attachment 6). The capacity of infrastructure such as water, waste water, streets and electric service and services such as police, fire, recreation, and general government are evaluated with respect to the proposed annexation. MIRACTIONIREVIEW(Connell.Boardoi.Commissloasl r July 27, 1999 • City Council Institute annexation proceedings August 3, 1999- City Council conducts the first of two public hearings ' August 11, 1999• Planning and 'honing Commission recommends approval of annexation and Agricultural (A)zoning. r 1 . t• , u FISCAL INFORMATION None at this lime, ES'T'IMATED PROJECT SCHEDULE This Is the second of two public hearings to be conducted by the City Council concerning this annexation. The sched0c for public hearings is consistent with the requirements of State law, (see Attachment 4). PLANNING AND ZONING RECOMMENDATION The Planning and Zoning Commission held a public hearing on August 11, 1999 and recommended approval of winexation and Agricultural(A) zoning(6-0), ATTACHMENTS I. Location Map 2. Vicinity Map 3. Zoning Map 4. Annexation Schedule S. Utilities Slop 6. Service Plan. 7. $00 foot Notice Map 6, Denton Mobility Map Respectrully submitted, r VP ark Donaldson Assistant Director of Planning and Development Prepared by: ' L cichhi Development Review Manage• ' r 2. r .i �� jam., � V:, ,, ■a Aftachment 1. NORTH -91 (KIRBY TRACT) �c LOCATION MAP lie c, Aftachment 2 . NORTH A-91 KIRBY TRACT �f4 �n 7- Mr i � MKIAOUI . VICINITY MAP . 11Y� ' r rJ. Agenda Dnu:Aug.-S, lgoo Scale: None 1 `1 I i Attachment 3 NORTH 1.91 KIRBY TRACT - 14ES9 �r 1 A k � � D•µ j F•T(o1 IJyy� y,l PD-1 S 1 M .. MKMONT r r ZONING MAP I r Agoda bate:Aug:•3, 1000 Scale; None K 5. c, i Atlachment 4 A'-91 ' (Kirby Tract) ; ANNEXATION SCHEDULE July 8, 1999 Staff receives annaxation petition. July 27, 11999 City Council receives a preliminary assessment,gives direction to staff and considers approval of a schedule for publlo hearings regarding the proposed annexation. o PrellmineryAnnexallon Assessment prepared. o Annexatlon Schedule prepared. July 24, 1999 Nonce published In Denton Rk.cord-Chronlde for first publc hearing. o Annexation Study prepared and aye liable for public review. o Service Plan prepared and available for public review, August 1, 1999 Notice published In Denton Record-Chronlde for Planning and Zoning Commission public hearing. August 3, 1999 City Council oonduOs first public hearing. • Public notice must be no leas than 10 days and no more than 20 days before public hearing. August 7, 1999 Notice published In Denton Rsoord•Chronide for second City Coundl publlo hearing. August 11, 19f',1 Planning and Zoring Commlaslon holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and the proposed zoning. • Public notice must be no less than 10 days before publlo hearing. August 17, 1999 City Council conducts second public hearing. • Public notice must be nc 1­3 than 10 days and no more than 20 days before publlc hearing. September 7, 1999 City Council by a four•fr the vote Insthutes annexation proceedings. First reading of annexation ordinance. • Action must be more then 20 days after the second public hearing but less than 40 days from the first public hearing. September 19, 1099 Publication of annexation ordinance In Denton Record-Chronlde. r October 19, 1999 City Council by a four-fifths vote takes final action. Second reading A , and adoption of the annexation ordinance. City Council considers I ` approval of zoning request. • Council-action must be more than 30 days aR-tr publication of ordinance and less than ib days after count'.institutes annexation proceedings. r- 1 r Attachment b NORTH Al KIRBY TRACT) Ld 0.AV Role no j k 4 ppr , 'w � d1KAWY? EXISTING UTILITIES MAP ' • Hydrants . -- • — Water Lino (W. L.) -- �— Sewer Line 18. L.) A, . �. Agenda Date: Aug.3, 1099 !bate: None 7. r ATTACHMERT6 ANNEXATION SERVICE PLAN CASE NUMBER: A-91 (My Tract) �^ AREA: 46.21 acres LOCATION: Southeast comer of Nowlin Road and Robinson Road. In the extraterritorial jurisdiction of the City of Denton,Texas. Municipal at-vices to the site described above shall be famished by or on behalf of the City of Denton,Texas,at the following levels and In accordance with the following schedule: A. Police Protection 1. Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (0) days after the effective date of the annexation using existing personnel and equipment. B. Fire Protectlon 1. Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. C. Solid Waste Collection 1. Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. D. Water/Wastewster Facilities 1. Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. E. Roads and Streets 1. Maintenance of roads and streets, including road and street lighting, In the area to be annexed will begin within sixty(60) days after the effective date of the annexation using existing personnel and equipment. F. Parks and Recreation Facilities I. Maintenance of parks, playgrounds, swimming pools,and other recreational facilities in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment' However, there me no existing A, parks,playgrounds,swimming pools,and other recreational facilities in the area. ` I A 97,Inw.atlnr 5err`r 1Y.m,An[ ' 4a 8. 1 r R c, i ANNEXATION SERVICE PLAN (A•89) !� 1 Wheeler Ridge G. Electric Facilities 1, Electric utility service will be provided within sixty(60) days after the effective date of the annexation using existing personnel and equipment. H. Library Services 1, Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. I. Code Enforcemenq Building Inspections and Consumer Health Service 1. Code enforcement, building inspections and consumer health services will be provided within sixty(60)days after the effective date of" annexation using existing personnel and equipment. J. Planning and Development Services 1. Planning and development services will be provided within sixty (60) days after the effective dale of the annexation using existing personnel and equipment. The Planning and Development Departrncnt currently provides servivA this property by way of administration of Chapter 34 of the Code of Ordinancej, concerning subdivision and land development regulations. K. Capital Improvements Program(CIP) The CIP of the city Is prioritized according to the following guidelines: (l) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land udiizadon, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing a speclRe facility or improvement. The annexed area will be considered for CIP Improvements in the upcoming CIP plan. This property will be considered according to the established guidelines. ti t1r� o A 4 AranadeA&e krAndne 9. Att, acbment 7. NORTH A-91 (KIRBY TRACT) C �7f CAKWNT 200-500 FOOT 1 c, I I Attachment 8 , • � I NORTH 3 ? 1-91 (KIRBY TRACT) 4 r r ' 04KWNT DENTON MOBILITY PLAN MAP -- . . . . Primery Major Arbrials - . _ . . . _ Secondary Major Arterials Agenda bate: Aug. 3, 1999 Scale: None 11 . c- AGENDA INFOWiTION SHEET AgeMs No, Apends Item Z'? Dais-- 6-71,7 AGENDA DATE: August 17, 1999 DEPARTNIENTt Planning Department I ACbI: David Hill, 349-8314 SUBJECT—Shadow Brook Place(A-90) Hold the second of two public hearings regarding the proposed voluntary annexation of a 34.40 acre tract located on the north side of Ryan Road and eas! of Forrestridge Drive in the City of Denton's Extraterritorial Jurisdiction(ETJ). (A-90,Shadow Brook Place) BACKGROUND Beverly Stephens, property owner and applicant, has applied for voluntary annexation of the subject property (see Attachments 2 and 3). The 34.40 acre site is contiguous to existing city limits boundary to the west, north and east. It is bounded by the Forrestridge subdivision to the west,Montecho subdivision to the north, and the Monlecito Del Sur subdivision to the east. The properly is presently undeveloped. The owner intends to develop a residential subdivision, Mrs. Stephens anticipates that the lot sizes in the proposed single-family subdivision will range from three-quarters (1/4) acre to one(1)acre. To allow this flexibility, the owner is requesting a Single-family 16 (SF-16) zoning district, which is consistent with the zoning districts of the adjacent subdivisions(see Attachment 4). i The development of the Shadow Brook Place property will require several public improvements. There is no application for a plat at this time. However, the following are general improvements, which it may be required to provide: I. Construction of internal streets. 2. Sidewalks along all public streets,including El Pasco Road, 3. Extensions of water and sewer lines. 4. Stone water drainage improvements. 3. Installation of fire hydrants 6. Dedication ofpublic utility eascmcnts, 7. Participation in traffic signalization based upon a Traffic Impact Analysis(TIA), The proposed development will be subject to the land dedication portion of the Park Dedication Ordinance(Ord. 98-039). Land dedication for park facilities shall be Imposed during the platting process based upon the total number of lots. A fee in lieu of Sand dedication will be required for the subject property, because it will be less than five (S) acres, the minimum size for a public park. The developer would be required to pay the fce at time of release of the final plat. r r I 1. f If the subject property is not annexed,the proposed subdivision would be exempt from the park ' development fees of the Park Dedication Ordinance, If it is within the City when developed, park development fees will be collected during the building permit stage equal to $291 per unit. In accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on a case by case basis the annexation ofareas in the ETJ when significant developments are proposed" A preliminary annexation Servict Plan has been prepared for City Council and public review during tee annexation process (see Attachment 9). The capacity of infrastructure such as water, waste water, streets and electric service and services such as police, fire, recreation, and general government are evaluated with respect to the proposed annexation. PRIOR AMONIREVIEW July 27, 11999—City Council received a report,held discussion and provided staff with direction regarding the annexation. August 3, 1999—City Council conducted the first of two public hearings concerning the annexation orthe subject 34.40 acre tract. ESTIMATED PRCIJECT II b 1t F This Is the second of two public hearings conducted by City Council. The schedule for public hearings is consistent with the requirements of State law (see Attachment 7). FISCA[. 1NFORNIATION None at this time, ' RECOMMENDATION The Planning and Zoning Commission will hold a public hearing and consider making a recommendation to the City Council regarding the proposed annexation on August 25, 1999. AT7ACIIN1ENTS 1. Location Map 2. Vicinity Map 3. Vicinity Map Il 4. Zoning Map t S, Utilities Map A G. $00 Foot Notice Map ( ) 7. Denion Mobility Plan Map S. Annexation Schedule 9. Service Plan(2 pag ts) 1 'u+,r�,;g1+,wn l,aJ J'gh7r lhmml A-1' i9,/H 2, 1 c, 1 f Res ttfully submitted: E w-- Mark Dona dson Assistant Director of Planning and Development Prep: ed by: Wayne R Planner I ail I i .!"p l6yr I- id Urfa lhNinq A ! V9 r.. 3. 4 � ATTACHMENT I NOATH (SHADOW I I nY t CcOnlhi Lao Wood + `kt• a4 41�Y�d- � ' , 11 7i i��^*ifCFY �� " tTJ t I 'l ® I• b WhotiMok LOCATION As all i Agenda Datei August 1999 Solo, Nofie (SHADOW ATTACHMENT 2 AM - • • I i �' r i yrt Iyr4 9.y_• ;iL s to ��_ PI r'1i T( V e+/.T'• � 14 � I ` .-~ ill! •j t may_ � y A e .'H•..� .,. 7r1 A r J/Alf � 'tlC .IynF.•ntFl 1'. I , August VICINITY MAP Agandi Date: • .• 84011c, None I C ATTACHMENT 3 � t NORTH A-90 (SHADOW BROOK PLACE) do it pt l .a pkY 61w6i17 � '� � �QAIL1 tc�so . •�t;'1 •i u A f a a s A >, '� f�M1 � � �®o- � SITE '°a+Y♦ ` �,� r, N �oA1q. rvwuwam- 4CK) #4 N t � d JAJ r M y s�# vy �p 10 WYAVOMs- &bill 1h ON VICINITY MAP 11 f Agenda Do to: August 17, 1999 Scat•: None 6 1 a c, i ATTACHMENT 4 NORTH A-90 (SHADOW BROOK PLACE) { k1�4Nrq'P� r I [OAK—��M tY 1 M1 r A &yibkltiPill� a , «" rig r I IF.* �c1{lwc�nia*«+ oA,t�: SITE '�'°±�\�* +`--�►r I�tLINO Ir.0 , r� � %0� %4 rk � *'S rp,50 IO I " F-16104 AL--OAKS-C h �� f r"rr Ir.,a 1 w ZONING MAP As Agenda Date: August 17, 1999 scale: None 7 . r 1 1 ATTACHMENT 5 A-90 (SHADOW BROOK PLACE) NORTH a s b& a ft 4 A % 1 6 x4l it k a h qr� r .!t eE-r�xo +� -i oTiaeas, a s- o i ��s � der � '�+• � °' ° � 4m jjj4q% SITE .. 4 r r, I ~ r rt a *4% y � 7 «a, wN , riy IF y • P WA r/ K EXISTING UTILITIES MAP • Hydrants Water Uns (W. L.) . . -- Bawer Lin` (S. L.) ` A Agenda Data: August 17, 1999 Scats: None 8, i 1 c i r ATTACHMENT 6 z A•90 (SHADOW BROOK PLACE) NORTH 0117 441% RM �' 1 �4 • � !r 64c+*yam i r a�7h/Rar� ` —u-r�wo r Y ! �•Maha 71 i " or� y SITE t � . "` i i► �Va WYAt- a ; wwaior► 4 � i;A a. +tea awls ae 1 r of 500 FOOT NOTICE MAP AA I Agenda Date: August 17, 1999 Scale: None 9. l ' E t� I ATTACHMENT 7 A-40 (SHADOW BROOK PLACE) NORTH ,A h� or do i E ttcnNtrieo. a` IF 1 ., w Ir b at a; � SITE s� * . 720m-oxiolf to k _ 46 1 «q ,d 7 01 I DENTON MOBILITY PLAN MAP w Freeways Primary Major Arterials Secondary Major Arterials Collectors ` Agenda Date: August 17, 1999 Seals: None 10. t ATTACHMENT 8 VOLUNTARY ANNEXATION SCHEDULE; SHADOW BROOK PLACE (A-90) llrvhrd h1y71",1999 Saturday, July 24th Notice published in Denton Record-Chronlcle for first City Council public hearing concerning annexation, Sunday, August 1" Notice published in Denton Record-Chronlcle for second City Council public hearing concerning annexation. Tuesday, August 3d City Council conducts first public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. • Annexation Study prepared and availahle for public review. • Service Plan prepared and available for public review. Sunday,August 8'h Notice published in Denton Record-Chronicle for Planning and Zoning Commission public hearing concerning annexation and proposed zoning, Tuesday, August Ir City Council conducts second public hearing, • Public notice must be no less than 10 days and no more than 20 days before public hearing. Wednesday, August 25th Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and proposed zoning, • Public notice must be no less than 10 days before public hearing, Tuesday, September 71' City Council by a four-fifths vol stitutes annexation proceedings. First reading of annexation ordinance. • Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sunday, September 12'h Publication of annexation ordinance with service plan In Denton Record-Chronlcle, Sunday, September 121h Notice published In Denton Record•Chronlcle for City Council public hearing concerning annexation and proposed zoning. • Public notice must be no less than 16 days before public hearing. Tuesday, October 19" Cvy Council by a four-fifths vote lakes final action Second reading 9[1t;.edootion of the annexation ordinance, City Council considers appro/al of zoning request, / Council action must be more than 30 days altar publication of ordinance and less than 90 days after council Institutes annexation proceedings. i I t1 , t t ATTACHMENT 9 a ANNEXATION SERVICE PLAN CASE NUMBER. A-90(Shadow Brook Place) AREA; 34,40 acres LOCATION: On the south side of E) Pasco Road and approximately five hundred (500) i fret north of Ryan Road in Denton's extraterritorial jurisdiction (ET)), It is adjacent to the Estates of Forrestridge subdivision to the west, the Montecito subdivision to the north, and She Montecito Del Sur subdivision to the cast. Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and In accordance with the following schedule: A. Police Protection 1. Police service, including patrolling, response to calls, and other routine functions, will be provided to the properly on the effective date of the annexation using existing personnel and equipment, B. Fire protection 1. Fire protection(within the limits of existing hydrants) and emergency rned'cal services will be provided to the property on the effective date of the annexation using existing personnel and equipment. C. Solid Waste Collection 1 1. Solid waste collection service will be provided to the property on the effective date of till the annexation using existing personnel and equipment D. WatertN'asleualer Facilities 1. Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be begin on the effective date of the annexation using existing personnel and equipment. E. Road% and Streels I. Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin on the effective date orthe annexation using existing personnel and cquipnicni. F. Parks and Recreation Facilities I. Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin on the effective date of the annexation using existing personnel and equipment. However, there are no exfsttng parks, playgrounds, swimming pools, and other recreattonal jacifiries In the area 12, c. 1 ANNEXATION SERVICE PLAN (A-90) Shadow Brook Place G. Electric Facilities L Electric utility service will be provided on the effective date of the annexation using existing personnel and equipment. II. Library Services 1. Library services will be provided on the effective date of the annexation using existing personnel and equipment. 1. Code Enforcement,Building Inspections and Consumer Health Services 1. Code enforcement, building inspections and consumer health services will be provided on the effective date of the annexation using existing personnel and equipment. J. Planning and Development Services 1. Planning and development services will b, provided on the effective date of the annexation using existing personnel and equipment. The Planning and Development Department currently provides services this properly by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations, K. Capital Improvements Program(CIP) The CIP ofthe city is prioritized according to the following guWclines: (1) Provision of Capital improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and prof.ssional studies. (2) The overall cost effectiveness ofproviding a specific facility or improvement. The annexed area will be considered for CIP improvements in the upcoming CiP plan. This property will be considered according to the established guidelines. i 1 AGENDA INFORMATION SHEET Itger>dallo ��`� _035 W&wn ' Date,___�^17 •R AGENDA DAM August 1T, 1999 DEPARTMENT- Planning Department ACM: David Hill,349-8314 I SUBJECT- V-99.011 (Regency Oaks) Consider approval of an exaction variance from Code of Ordinances 34.124(ex5)(c) concerning the construction of a concrete pilot channel meeting the specifications of the drainage manual and 34.124(e)(6xc) concerning the construction of channel access roads and ramps. The property is located east of F.M. 1830 and south of Hobson Road. The Planning and Zoning Commission recommends approval with conditions(4.1). BACKGROUND The applicant has applied for an exaction from Code of Ordinances 34.124(ex5)(c) concerning the construction of a concrete pilot channel meeting the specifications of the drainage manual and 34.124(ex6)(c) concerning the construction of channel access roads and ramps (See Attachment 1). PRIOR ACTION/REVIIM June 9, 1999- Planning and Zoning approved final plat for Regency Oaks. June 22, 1999- Variance applied for concerning the construction of a pilot channel and channel access roads and ramps. July 28, 1999 - Planning and Zoning Commission recommends approval of the variance with conditions(See Attachment 2). ESTIDIATFD PROJECT SCHEDULE 1 If variance is approved,the language as contained in Exhibit A(See Attachment 2)must be incorporated into the final plat prior to filing the plat with Denton County and the issuance of a building permit. If variance is not approved, the final plat must be filed with Denton County prior to the issuance of a building permit. FISCAL. INFORMATION Granting this variance may, In the future,result in Increased maintenance costs for the City. f RECOMMENDATION A* - c The Planning and Zoning Commission recommends approval of the variance with conditions t (See Attachment 2), r it 1 . u AI TACHIIENTS 1. Variance application as submitted by applicant. 2. Exhibit A to Regency Oaks Subdivision Plat. ?. Planning and Zoning Commission Report,July 28, 1999,V•99-01 I. 4. Planning and Zoning Commission minutes Prom July 28, 1999. Resp ct Ily submitted: > I ir- Mark Donaldson Assistant Director of Plaitning and Development Prepared by: thryn en Planner I r 2, i i t 1 01;OIi00 TIE 02+60 FAX 0100117707 tin OF DFh70\ PIAIMVSG Sp001 t ATTACHMENT 1 V- 99-011 CITY Of DINi'ON APPLICATION FOR VARIANCE 01 SUBDIVISION AND LAND DMLOPMLYPT' REGULATIONS y 1 t �ia d eel !i y � S C.q wf F r w '3'rla�h °�dditr, �� e �✓ . y� 1� � %"1�1,. t 'ti7;� / %r`i r , e3 , l�`' a•! 1 }����r�f»t�'.. L PItitioner mutt provide the rationale for the variarca usirg the following five criteria. 111 The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other pro. pertY7 (2) The conditions upon which the request for A variance is based are unique to the property for which the variance is sought and are not applicable generally to .other property? +, (al Pecause of the particular physical surroundings, shape, or topolraphical condition@ of the specific property involved, ■ particular hardship to the owner would result, as distinguished frum a more inconvenience, if the strict letter of those regulations is carried outs 3 . 1, 01004,00 Tit 02M FAX 940349 1P7 CITY OF 0&1TON PIANNINO QOO2 Variance Application Continued Page 9 (4) The variance will not in any manner vary the provisions of the Zoning Ordinance, Denton Development Plan, *titer plan, or studies. (3) The special or peculiar condition* upon which the request is based did not result from or were nut created by the act or omission of the owner 'Or any prior owner, subsequent to the date of creation of the requirsment 'from which a Variance is sought. or, I If the virianoe 'is from an exaetiOn' (eg. road construatibu; right- of-way dedication, drainage-7f'vement a public imycovement and/or dedication to the public) the imposition of any developmsot exaction pursuant to these regulations (1) exceeds any reasonable benefit to the property owner or (9) is so exeeesive as to constitute confiscation of the tract being platted. Waiver of developmental exactions shall be considered after a recommendation from the Planning and Zoning Commission by the city council. X0TY1 Request must include the followings 1. Completed application (one per variance) , Ir. 0750 fee per variance Sir. Copy of proposed plat and location map. Bignalure of.l►ppl c nt Cate . �/Ai,. r. 4 . Variance to the City of Denton Subdivision Ordinance- Channel Improvement Standards,Article Ill 34-124e Article III 34.124e(5b)requires that'channels of lacal drainage systems serving a development which are less than one square mile shall be fully lined with concrete. Article III 34.124e(6b)states that paved access roads MAY be required for maintenance crew accessibility, Hickgmuad After months of working through revisions of drawings f!rthe plan and construction of Regency Oaks,we are now being required to provide at great expense a concrete-lined pilot channel for drainage that will run across the center orthe development, through 4 very large(L5+ acre)lots and paved access roads for City maintenance crew equipment to maintain the channel in the event that the owners do not maintain it. For reasons set forth below,we feel the expense associated with these requirements is not recoverable and we therefore,request an exaction variance from the City for those items. We are proposing Instead, to Install a grass-lined channel and grass access roads,in accordance with attached drawing Grass-Lined Channel Plan and Profile, Sheet 00. g for the following reasons: L (Re: Concrete pilot channel and access rood)The requirement of a concrete pilot channel in the Regency Oaks subdivision ha3 no reasonable benefit to the property ow ier and the added cost Is rot recoverable, This can be substantiated by the fact that the appraised values of the four lots surrounding the channel arc significantly less than the other lots in the development which are otherwise comparable properties. While we personally, have few fears of owning property will to floodplain and,in fact, choose the accompanying extra trees and varying terrain as valuable benefits,it as a fact that appraisers and much of the general public have concerns about property within floodplain areas and therefore devalue that property. Thcy are perceived as less valuable pieces of property. Concrete channels and ancillary paved road areas that art of no apparent benefit will greatly increase their development cost without increasi.tg their value. We purchased this 21 acre parcel of land(existing zoning Is SF-10)with the desire to make our own home in a subdivision of large and spacious lots, located within the City. One outcome of this decision is that there is a significantly lower return on the investment of this type of development. As we worked with the City on the concept and design of Regency Oaks, we came to realize that the city shares our interest In a variety of sizesltypcs orresidential areas and there is a recognized value for the preservation of greenspaces,trees,varied homesites,and less concrete ' r r' A Contractors'blds for construction of the concrcle-lined drainage channel and paved access `, \ r roads as required by the City range from$45,000 to $65,000. Given our plan to develop I+ acre lots, despite the lower retum, the cost of these recently added features will be all I I 5. t the more difficult to absorb In this project. 'rho reality is that this additional cost could very well cause us to change our plans altogether,and redesign the development for much smaller lots per the current zoning(SF-10). The ullimite result would be another neighborhood of many small lots, less green space,t}a loss of many large specimen trees,much more concrete for not one,but several sheets and dozens of driveways,and of course,a larger number of students impacting the area schools. i 2. (Re:Concrete pilot channel and paved access road) A grass-lined channel of similar design concept as our prof osal with no paved access roads was prei iously approved for this same property by the City of Denton and FEMA on)an.9, 1998. This plan was approved under the same city ordinances which are in effMt today and no variance was required In that case. While we expected to have to re-engineer the specifics of the shape of the channel in order to fit our development concept,we believed that a grass-lined channel would still be suitable,given the prior approval by the city several months earlier. 3. (Re: Concrete pilot channel) Current city ordinances do not require concrete-lined pilot channels for drainage systems serving drainage basins larger than one-square mile In area. Those systems function as a flood plain even though that size of a system could same ize•vith the same velocity issues and potentially very well have channels of the s ty f>o Y require as much maintenance as the smaller systems. Our treatmimt of the Regency Oeks drainage system is consistent with that of the larger area systems,as a flood plain. It is considered as such by FEMA. These are 1.5+acre lots. We will be eventually filling only specified areas for building pads in order to leave the floodway and its abundant beautiful trees as unimpacted as possible. Therefore,it would be consistent with the ordinance (5a)(Channel Requirements)to treat this drainage system as for that of the larger size,allowing the channels to remain in as natural a state as possible. 4. (Re: Concrete pilot ehannet) In respect to the concern of longterm maintenance of the channel, In our particular situation, this channel is bounded by only fair estate lots, each of which Is larger than 1.5 acres.Unlike a subdivision of dozers of smaller lots bordering such a channel with many Individuals responsible for its upkeep,the 4 property owners In this case will have a higher than average interest in maintaining the portion of the channel which lies on their property and therefore,will be accountable for that maintenance to a higher degree tha,1 could otherwise be the experience in the case where there are numerous property owne". Additionally,our own family home Is planned lobe built on one of these 4 lots. As 1 will already be maintaining the 2 acres of our lot,1 fully expect and intend to mow that channel es well, i 5. (Re: Concrete pilot channel and access road) The imposition of such unnatural A' features as concrete pilot channels and paved access roads violates the very indent of the � ) \ subdivision's original concept. All along,it has been our intent In planning this subdivision that this acreage would remain in a natural,country-like estate setting, { ci enhanced by scores of trees and large open areas. The presence of such additional concrete and engineered structures does not add value to thin type of property. in fact,it Is detrimental to the appeal of the area. b. (Re: Paved access roads) The ordinance does not specifically require the installation of such paved areas. 7. (Re: Paved access road) The added cost to build these access roads does not add value to the properties and will be an unrecoverable expense with no beneficial return to either the property owner,developer,or the City. From an access standpoint,we believe paved access roads for maintenance vehicles are not Justified. The drainage and public utility easement throughout the property and&tong both sides of the road are very wide and abundant.City vehicles will be able to Setoff at any number of points to access the channel. The equipment used for this purpose is designed for use in a,-eas such as this. S. (Re: Paved access road) The electric utility, water and sewer departments are not requiring expensive paved access. 1 would hazard to guess that the City spends much more money each year maintaining electric,water,and sewer services located in remote or hard to reach areas within public utility easements throughout Denton than it is spending to maintain drainage ditches. We do not understand the necessity for such elaborate and expensive requirements,and feet the extra cost is unjustified. I i :A • 7. i r 1 t i ATTACHMENT 2 I v Eali1BITA To RECENCY OAKS SUBDIVISION PLAT The following language needs to be incorporated into the final plat for the approximate_acres constituti,ig the REGENCY OAKS Subdivision: As a condition for approval of this plat and the subdivision reflected therein,the covenants, restrictions, conditions, terms and provisions set forth below shall W incorporated into the final plat of the Regency Oaks Subdivision before such plat is executed by the City and filed for recordation with the Denton County Clerk's Office: 1. All of the property encompassed within this plat shall be held and shall be conveyed subject to the following covenants and restrictions for the maintenance of the private improvements shown hereon and designated as private. 2. The maintenance or these private improvement areas (including for illustration purposes the natural drainage features to the property which we refer to herein as an earthen channel or creek located in a Drainage and Floodway Easement in Block A (floodway casement))shall include but not be limited to the construction, reconstruction, resurfacing, patching, repairing or preserving said areas in a condition suitable to accomplish their purpose. Any private acresp easements shall be maintained with a hard surface which is suitable for the passage of motor vehicles, Including govcmmcr:ai and utility service vchicl^.s, and which is free of potholes. Any private drainage improvements shall be maintained free of weeds, silt and debris and suitable to prevent flood damage to lots on this plat or upstream. (The existing creek or creeks traversing the floodway casement will remain as open channels at all times and be maintained by the ownters of the lots In this subdivision in their individual and joint capacity. No obstruction (e,g, fence, building or s(ructurc)(o the natural now of storm waler rim-off is permitted widdtt the floodway cascmanl, Should the condition of floodway casement(c,g.erosion,sedimentation or other features causing flooding hazards to this subdivision or upstream properties) require the City to assume maintenance of the earthen channeVcreck or cause construction of a pilot channel or similar drainage facility and the owners of the lots in this subdivision do licit construct same or do not construct same to City specifications then the City may construct (invcsligate, survey or maintain) such improvements or repair or restore inadequate improvement constructed by such property owners and all costs of same shall be the responsibility of said owner(s). City and its agents shall have reasonable access to such private drainage areas to eflectuale such work. Maintenance shall specifically Include the assumption of responsibility to Indemnify,defend and release and hold harmless the City of r r Denton and any other goverrmctttal entity from any claim for damages or lawsuit arising j!_ from the design, construction or condition of the private improvements which the owners allow to exist,or for damages to the private improvements occasioned by the reasonable use of the private improvement by the governmental entity or public utility. Whcre public utility casements are dedicated in private improvement areas and all or part of the private Improvements must be removed in the cro-se or construction, reconstruction or maintenance of the public utilities by the City or public utility company, the repair or g, replacement of these private improvements within the public utility eas�,menl shall be the exclusive responsibility of the owners and not the City or the public utility. 3. Every owner of a lot shown hereon and the City of Denton, Texas, at its option, shall have the right to proceed in law and in equity to enforce compliance with and to enjoin violation of these covenants against any and all other owners of a lot or lots in this plat. fa'lure to promptly enforce any of the covenants or restrictions shall not bar their enforcement. In addition, arry owner, or the City of Denton at its option, upon 30 day's written notice to the violating owner or owners and any lienholders of record, such notice being effective as to the owner or owners upon mailing to the owners as shown on the most recent lax roll used by the City of Denton or by actual novice and as to the lienholdcr by mailing to the lienholdcr at an address shown on the recorded document creating the lien or by actual notice, may perform any maintenance required by these covenants and restrictions and assess the costs of said maintenance against the owner or owners of any lot or lots in Ns subdivision and such cost shall be the personal obligation of the owner or owners failing to maintain their portion of the private improvements and shall be a lien against the property. The powers given by these covenants to die City of Denton shall be in addition to any powers the City may have pursuant to§371.041 of the Texas Local Government Code, as amended, 4. These restrictions and covenants shall not impair or limit the owner or owners of the lots in this plat from establishing such additional and lawful covenants, restrictions and conditions as they see fit, including but not limited to the establishment of an owners association, the organisation of said association, the pro rata division of costs of maintenance among all of the owners of lots herein and any other additional use, enforcement, expansion,organizational or direction provisions, provided that no additional covenants, restrictions and conditions shall in any way impair the City of Demon's rights under these restrictions and covenants shown on this plat or obligate the City of Denton in any way to the maintenance of the private improvement areas shown hereon, and provided further that should the additional covenants,restrictions or conditions expire,be amended or for any reason fail to provide for the maintenance of the private improvement areas, or should any nonpublic organization established or empowered by additional covenants, restrictions or casements fail to carry oul the maintenance responsibilities as established by these covenants and restrictions, then the rights of the owners established herein to compel compliance shall be prcscn,ed. S. Thcse covenants and restrictions herein set forth shall run with the land and be binding on the owner, his successors and assigns and all panics claiming by, through and under him shall be taken to hold, agree and covenant with the owner and his succcsa)rs in title,and with each of them, to conform to and observe all restrictions and cov:ants herein and said covenants and restrictions shall survive any replatting of a part of this property. Upon wplatting of all or part of this property, the City of Denton may require any lawful A similar or additional restrictions and covenants as it ma} sce fit. Thcsc covenants and ( �"-S restrictions shall terminate when all the private improventents show on this plat are included within a rcplat of all or pad of this property and no private improvements are shown on such rcplal, Also, any covenants and restdclions applicable a water system shall termina!e upon the assumption of such system by the City. G. The owner or owners hereby agree and recognize that the entire sub4ivision is 4. t' i I ill benefited by permitting the City of Denton the option to enforce these covenants and restrictions and the City of Denton benefits from the private improvements through the enhanced value of the property and n tune benefits by being able to enforce mair'tenance of these private improvements without incurring public expense and these facts constitutes sufficient valid consideration between the City of Denton and the owner or owners of the property shown on this plat. 7. Invalidation of any word, phrase, sentence, paragraph, covenant or restriction by Court judgment or otherwise, shall not affect the validity of the other covenants or restrictions. S. Developen'Owner shall integrate the above language into each deed agreement as a negative reciprocal restrictive covenant running with the land, binding upon all heirs and assigns, and filed in the Deed Records of Denton County,Texas, such as to give notice to all subsequent prospective purchasers. Developer/Owner shall also integrate this language into the bylaws of the property owners association, The City Attorney, or his or her designate,shall have the opportunity to review and approve all such covenants and by-laws, and no amendments to the above restrctons, covenants, (e,g. indemnification language) shall be permitted except upon review, approval arA c(mmurrence of the City Attorney and City Manager,or their designates. 9. The property owners association and each lot owner shall Indemnify the City of Denton from any claims for damages to property and injury to persons (including death) that arise out of a delay of emergency vehicles caused by the restricted access of a gated community. (Official name of owner of Regency Oaks i BY: (]ndiviJual Authorized to sign for Owner) (Name of Homeowners Association) i BY: Chairman,Board of Directors o''Associat'on) STATE OF TEXAS ¢ COUNTY OF DENTON § BEFORE ME the undersigned aut;.ority, a Notary public in and for said State of Texas, on this day personally appeared known to me to be the person 10. ` t 1 0 who signed and executed the foregoing instrument, and acknowledged to me that this instrument was executed for the purposes and consideration therein expressed. GIVEN UNDRR MY HAND AND SEAL OF OFFICE this the � day of Notary Public in and for the State of Texas My Commission Expires: i A> STATE OF TEXAS § COUNTY OF DENTON ¢ BEFORE ME the undersigned authority, a Notary Public in and for said State of Texas,on this day N-rsonal;y appeared ,known to me to be the person who signed arvi executed the foregoing instrument, and acknowledged to me that this instrument was executed ibr the purposes and consideration therein expressed. 4 GIVEN UNDER ^ fY HAND AND SEAL OF OFFICE this the day of 19. ._ No�ary Public in and for the State of Texas My Commission Expires: i I 12. I i l i i ATTACHMENT 3 AasndeNo. Item f EXACTION VARIANCE REQUEW-I- 9L STAFF REPORT uuWact: Regency Oaks Case Number:V-99-011 Itiff: Dale Hoelting Agenda Date: duly 28, 1999 x• Vince King is requesting an exaction varlance from Section 34.124(eW(c)of the City of Denton's Subdivision and Land Development Regulations concerning the construction of a concrete pilot channel meeting the specifications of the drainage manual and 34-124 (e)(8)(c) concerning the construction of channel access roads and ramps.(see Location Map). 1111 111 ytm- M111111`1 � 11 The following sections of Chapter 34 are applicable to this speck request and are provided for your review: Section 34.124(s)(5)(c) — Channel regulremen11 — Drainage channels as necessary to serve a development are subject to the following: c. If a development provides for the res9rvatlon of permeable areas as provided for In this section so that a fully lined channel Is not necessary to adequately convey stormwater, the channel shalt be prodded with a concrete pilot channel meeting th,o specifications of the drainage manual. Section 34.124(e)(6)(c) - To ensure adequate access, all lined and pilot channels shall have a min'mum bottom width of ten (10) feet and shall be provided with access ramps t,+cated as directed by City Engineer. Access ramps shall not be less than twelve (12) feet wide, with a minimum cross grade of six (6) to one (1). Ail access roads shall be located within a dedicated easement of the size required by this section. Criteria for variances from development exactions. Where the commission finds that the Imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessW as to constitute conriscatlon of the tract to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such excess, to the chy council. Waiver of developmental exactions shall be approved by the 67 council t, 13 . wCaseNumberr Staff Report Faye Constryetion plans for Regency Oaks were reviewed and approved by City staff that Included provisions for a road crossing with box culverts and an earthen channel with a concrete pilot channel In the bottom, approximately 800 feet in length for the creek that bisects tie property. Concrete access ramps on both sides of the road crossing were also Included In the construction plans. The City accepted these plans and the final plat was approved by Planning and Zoning Commission on June 9, 1999. For any development that includes a floodplain area or a defined creek,the developer has the option of isaving the area natural and dedicating the entire 100-year ficodplain as easement,or channeling the creek where the drainage area is one(1)square mite or loss. In areas where the drainage area Is larger than one(1)mile, channeiization Is not allowed. in the case of Regency Oaks the drainage area Is less than one(1) oquare mile and the developer oas chosen to charnelize by excavating approximately 3 feet lower than the original creek bed to escommodate th%proposed road crossing with ��/Ibridge opening consisting of three 8 feet wide by b feet tall box culverts. The other option avaiPab(a to the developer Is to leave the creek natural and place additional fill to elevate the road crossing to safely pass the 100-year storm and accommodate the proposed box culverts. The size of the bridge opening under natural conditions and the elevated road crossing would probably be similar. Analysis of the proposed channel shows that velocities are low enough that a fully-lined channel does not warant construction. However, the subdivision and land development regulations require a pilot charnel whenever an earthen channel Is to be constructed. Access ramps are also required for maintenanc* purposes. Bids collected by the owner Indicate that the cost of the concrete pilot channel ranges from t11b 000 to $60,000. Estimated cost to excavate the channel Is approximately$20,000. Additional ll for{h'o road crossing to accommodate the 'Cox culverts and natural channel without channel excavation would range from$20,000 to $30,000. Therefore,the cost to elevate the road crossing and proseivb the natural creek versus excavating the channel to accommodate box culverts is probably the same br less. This analysis Is based on the assumption that the 100-year water surface elevations for natural channel compared to excavated channel are similar. The proposed channel will not contain the 100-year floodplain. Therefore, a significant portion of 4 lots will remain (fit the f�oodplain. Fill will be placed on a portion of these lots for reclamation purposbs. Any pf operty remaining in f e floodplain will be dedicated as drainage easement. The p%t channel keeps minor erosion in the bottom of the channel from occurring, maintains a sumacs upon which water can continue to flow rather than stagnate, and reduces heavy vegetation growth that Fetards the flow of water during storm events and is difficult to mow. If the channet P too overgrown by Vegetation, it loses it ability to cohvey storm water and In some cases �. can cause flooding and backwater to occur. Maintaining a relatively dean channel that is free of / high vegetation is key to avoiding possible flooding of the road crossing In Regency Oaks. Access ramps are essential to maintain a channel. Without the ramps, equipment cannot ante, to bottom of the creak that has steep slopes. in addition, concrete ramps are required to provide i j'n+ama 14. i 1 «CaseNumbera , • { Staff Report Page 3 support for heavy equipment that is needed to maintain the channel so that the creek areas will not be damaged and subject to further repair. ' 1. The City accepted construction plans complying with City Of Denton subdivision and land development regulations and the final plat was approved by Planning and Zoning Commission on June 9, 1999. 2. Developer has chosen to channelize the creek in order to minimize the size of the bridge opening of the proposed road crossing. 3. The option chosen by the developer to construct the earthen channel and concrete pilot channel along with the box culverts Is likely the same or greater than preserving the natural creek and elevating the road crossing and constructing similar bridge openings as proposed In the excavated channel cption. Choosing the natural channel alternative will avoid the requirement for the concrete pilot channel. 4. Maintenance provisions are the main focus of the subdivision and land development regulations as outlined In Section 34.124(e)(5)(c)and Section 34-124(e)(6)(c). Ttiase provisions directly impact the City's ability to perform maintenance and Impact the expenditures to accomplish these taO►.. When these items are compromised,maintenance costs for the City have the potential to be above normal for a typical channel. I Staff recommends denial of an exaction variance from Section 34-124(e)(S)(c) of the City of Denton's Subdivision and Land Development Regulations concerning the construction of a concrete pilot channel rieeting the specifications of the drainage manual and 34.124 (e)(6xc) concerning the oonstrutAion of channel access roads and ramps. If the commission votes to approve the variance,the City Is not willing to accept maintenance of the channel and drainage easement. In this case,the City would accept a public drainage easement with language on the final plat that states the owners of the lot on which the drainage easement is contained are responsible for maintenance.Language would also be necessary to allow ingress and egress for pur poses of Inspection, supervision of maintenance work by the property owner to alleviate any desirable conditions that may occur and to construct, erect,or maintain any drainage facility asooclated with the road crossing. N ording would be needed to allow the City to collect money from the property owner in situatials.where the property owner is unable to alleviate any undesirable condition or perform routine maintenance and the City has to �•, enter the property to perform maintenancr,. Finally, if the property owners request the City to r '' assume all maintenance of the channel In the future,the City would reserve the right to make all L pairs to the channel in order to facilitate proper maintenance,and if necessary construct a ncrete pRot channel and collect money to cover their expenses. nTe 15. o u eCafeNomber» r' Staff Report Page 4 1 move to deny the exaction variance request V•99-011,a variance from Section 34- 124(exSxc)of the City of Denton's Subdivision and land Development Regulations concerning the oonstruction of a concrete pilot channel meeting the specifications of the drainage manual and 34.124 (eXeXc)concerning the construction of channel access roads and ramps. 1. Approve tho variance with recommended or otherladditional conditions; 2. Approvo the variance without conditions; 3. Postpone consideration of varlanos to a date certain with a request for additional information; or 4. Table the variance. 1. Site Map. 2. Site Plan. 3. Final Plat of the Addition. ti ! P /trowmr 18. J �—a�l��- 111 /...,�.. ,� . •��• ���� NORTH FP-99-039, Regency Oaks SITE LOCATION Scale: None Agendp Date: July 28, 1999 I! 1111�� I �� � I !r•"bT �� IIIIININ r' miall - - 1 ' I • MtkHMENT 3 a I 1 all :a.. I tip �i �� ;�k�� ����i �� � � . � � �'• tell pit pi ail 0 �� 1 �I� �� :i� !fi�lli ��'111� � "''�'�L �aor ,eel ari'i evor •e•� t� 19. I I I II —' ATTACHMENT 4 Page 7 { I Comments or a motion? Deno, v h questions fa staff Of a motion? 2 MS Ate LP. 1'11 move to approve, 2 MS.APPLE: 1'11 wove to approve the 3 MR.RISHE4• Second. 3 preliminary and fuut plat of Lota I and 2,Block A of j 4 MR.ENGEIMRECHT: R's been moved and 4 Vajla Addition,being a teplat of Iat 4 and W of LOU s seconded to approve preliminary and final plats of'Aklu S S,6,7,and 8 In Block 2 of Greenlee Addition,and 6 Lynn Addition. Any discussion? All in favor raise your 6 being 1.928 acres In the E. Puchalski Survey A-996. 7 right hand. Motion Carrie unanimously. 7 Ma.mREL second 8 Item 4 Is to hold a public bearing and R MR.ENGELS RECHT+ Any diaCUasloa on the 9 consider approval of the prelimlMVyand final plat of 9 notion? All In favor tor',u your right hand. Motion I Lou 1 and 2,Block A of the Vojia Addition,being a 10 aeries unanimously. Thank you on that correction of I I replat of Lot 4 and part of Lots 5,6,7,and 8 In Block I 1 the pronunciation of the survey. 1 read that completely 12 2 of the(InevnIoc Addition and being 1.928 acres in the 12 wrong. Good job. 13 E. Puchalski Survey. The site is located on the 13 we have one caw item for consideration 14 southeast Intersection of Greenlee Street and 135 14 undo public hearing Agenda Item No. 5,consider 15 Service Road. The property Is wood Gerwal Retail, is approval of an exaction variance from the Cade of 16 Purpose of the plat is to allow dcftlopment of a hotel 16 Ordinanocs 34.124(c�(5)(e)concerning the contraction 17 and restaurant. And I Lelieve Mr.kcichhart is going to 17 of A concrete pilot chaveeh mating the specifications IS provide us with the staff report. At this time I'll 18 of the Drainage Manuel and 34.124(ex6)(c)concerning 19 open the public hearing. 19 the constnrcdoo of ekes noel access roads and ramps. And 20 MR. RLWHHART: Thank you very much. This 20 at this time I,ii open the public hearing and 1 believe 21 is a preliminary and final plat approval. Both 21 Mr.Halting is going to provide us with the staff 22 preliminary and final plats mat the min'unum 22 report. Sir. 21 roquhnnents of the Subdivision and Land Development 21 M&HoeL17N*: Good Afternoon, Pardon me, 24 Regulations. We have the typical improvements required 24 I've had a cold over the last couple of days. If I'm 25 to%rapport this development;rightrof•way along public 25 bard to understand just ask me to speak up or repeat Page 6 Page 8 I streets,construction sidewalks,enscnsion of water and I wbat I just said. &fore us today is--Vim King is 2 sewer lincq,storm water draining improvements, 2 requesting an enaction variance from Section 3 Installation of fire hydrants,and then dedications of 3 34.124(ex5xc)of City of Denton Subdivision Rep cheat 4 public util hies. If this weren't a teplat,it would 4 concerns construction of the concrete pilot channel and 3 have just been a Consent Agenda itm l'd be happy to s Section 34•I24(ex6)(c)concerning construction of 6 answer any questions. 6 channel saws roads and ramps. The project is Regency 7 MR ENOELBRECHT: Commissioners,are there 7 Oaks. The site plan is showing generally Revency Oaks a any questions? By the wry, Ms. Apple has pointed out 8 being south of Nobsw and east of Country Club or 1830. 9 that the request•-question request buttons an 9 MR.ENGE1BREm, would you push that up 1 o working. Thank you, Ms.Apple. It appears there's no to just A little bit? No.the overhead. There you go. I I questions. is petitioner or petitioner's representative i I '[bank you. 12 present? 12 MR Hocl TTNO, rust to to over a little bit 13 uNIDW' WIED SPEAKER: If you have any 12 on the citation from the Code. For Section C for the 14 questions. 14 pilot charred it or^if a development provides for the 15 MR ENOCLBRFCHT: CommlSSloncrs,any Is mm'stion of Permeable areas as provided for in this 16 questions for the petitioner? If not, is thane anyone 16 section so that a fully lined channel is ant oeeessary 17 present who would like to spcal. In favor of this l7 to adequately convey storm water,the channel"be 19 petition? Anyone present to rpeak in favor? In that Is provided with a concrete pilot channel meeting the 19 case,anyone present to speak in opposition to the 19 specifications of the Drainage Mandel. 20 petition? Anyone present to speak in opposition? 20 The second ordinance,to ensure adequate ( 1 r 21 Seeing no opposition, rebuttal is waived. Public 21 access,RD lined and piles clivinets dutil daft a 22 hearing is closed. Mr.Reichhw%any final staff 22 minimum bottom of 10 ftet arid kall be provided with 23 remarks? 21 access ramps located as directed by the City EngloM 24 MR. REICEIIiART: No,acv. N Access ramps shall rot be leas than 12 foot wide,with a i 15 Mp.. ENOELBRKHT: Commissioners, any 25 minlmum cross grade'Of six 110E to one••eG to one PLANNING do ZONING JULY 28, 14,99 Page S •Page B 20. t i t ' Condooaelt"` -- Page 9 Page It I Excuse me. All Kom roads than be located cold In it I We had mentioned that the developer has the 2 dedicated casement of the sl7e required by this w.tim. 2 option to keep the channel natual and semrding to our 3 I ju,t want to also repeat that this is an 3 ordinance,you can fill to the floodway, You have that 4 exaction vwWkv and as provided in your staff n-por, 4 option to fill to the floodway,if you so cNxmc, And s you can we the provisions for the exectitxl varimxt. s in the case where it's less than one square mile,you 6 I'll make sure you understand those. Back on hate the 6 can channeliae. So 1 wanted to point out with another 7 9th,P&Z had approved construction plane for Urgency 7 drawing •-it my be hard to see,but let's Just take a Oaks that included approval of the preliminary and final a this in pleas. For these two lots the flood plain is 9 plat. As;art of that plan,they proposed it road 9 probably more out hen:,but the floodway is this line 10 crossing. This is sort of a general view of the road to right in here. So he has the option to fill to the I I crossing the crock with a--it's more in this dcection I I fioodway In ado to reclaim that property. 12 --with an earthen-lirhed channel and a concrete pilot 12 In my discussions with the engineer and with I3 :hannel in the bottom. That was approved as part of the 0 the subsequent computer models that wee run,when you 14 constriction plans back on June the 9th, 14 look w the benefits to reclaiming flood plain land from Is f want ti point out a few other fester: i s the natural channel to the excavated channel,it, 16 about this property. Looking at the plat.there are 16 basically,moms am flood plain line. Titan's this 17 four lots that basically have flood plain on them. This l7 outside lino, it was a prelim nary plat. I could not find the final 18 sta MEuRP. a: we can't we that ore. 19 plat. But basically on the final plat,this ann 19 MK HOELTIS& sorry. This would be the 20 hdghlightai in yellow is what's called the Zone A on the 20 existing flood plain in its natural state acrd this would 21 rtmA map and that is designated as drainir g easement on 21 be the flood plain as a result of the chartneli2stion. 22 the rknal plat that was approve!in P& Z on June the 22 And am he would still have the option further to fill 23 9th. Okay. 23 •-this kind of shows the potential lirnits of the 24 Typically, for any development t}at includes 24 floodway. So the cbanneiization has reduced the flood 25 flood plain or dcfuhod creek,the developer has the 2s plain by that amount. And on this side from this point Page 10 Page 12 I option of kaving the crock in its natural state and 1 to this point and on this side,very little. 2 dedicating the entire I00•year flood plain,as dry've 2 one option that is available,t can mention, 3 done here. Or he can channeline th;crock In which the 3 was koeping the creek natural and probably elevating the 4 drainage area, the drainage area serving this property 4 road another foot highs than what was"Woolly 3 is one square nlile or less. In this particular case, it s proposod and widening or siding additional box culvWU. 6 is around 300 acres so we are less than one square mile 6 And I received a letter from the engineer who has 7 in drainage area. So he has the option to channelize 7 indicated that Instead of three 8 X 5 boxes,it would g the crock in order to reduce the flood plain if ho so 8 take approximately six 8 X 3 boxes witb an additional 9 chooses or to enhance the flood}'lain. And that is what 9 foot of fill and it would only require 100 foot of to was approved on June the 9th w,th this option, 10 channeliration. TMs option that I first showed you is I I The bridge opening that was proposed is I I approximately Soo foot or channeliradon from property 12 three 8 X 5 box culverts. Tie cTiginal creek bed is 12 line to property line and trey have to do a little off- 13 probably two fort in depth They're proposing to 13 site grading to get it to match up with existing and to 14 excavate an additional throe fat lower than what the 14 drain down there. 15 original creek is to accommodate the five foot high 15 Our ordinance does state that any%frre you 16 boxes. i'II go ahead and show,a few pictures of the 16 do channelization that a pilot channel has to be 17 site. This a view of the chancel itgclf. This is 17 constructed. And I brought a few pictures of what 11 I8 basically tlhe middle area of rte channel with the hm IB i.w ;,winel in its constructed state looks like,if 19 outside tlx channel. It's not a very defined crock at 19 you'it not familiar with It. 71uis would be the 10 foot i t 20 all. It's a pretty flat area urtil you get to the low 20 wide minimum channel width and these ale the four to oa ( + j 21 spot. T1tis is some more pi.tums of•- this is a crock 21 side slopes■ssoeiated with it. Our ordinance —that's 22 area that Wins along,basically,where the trees are. 12 the access ramp. And an access ramp is basically to 1 23 You'11 see it's very fiat in this area. Very hard 23 allow equipment to come down into this eharml off a 24 really to define where the crock is itself. Some more 24 road to be able to be maintained. And here's anothcr 25 pictures. 25 picture of the concrete channel. PI ANNINO At ZONING JULY 23, IM Page 9-Page 12 21 . f Condenscl04 _ Page 13 Page 15 1 1 Since 1 received the kclta,I had an I pending water,stagnant water from developing. It Is I 2 opportunity to look at comparative costs betwom keeping 2 harder to mow if you start getting minor erosion 3 the channel natural,building the larger box culverts or I rFrtaln etas. As fat as mowing equipment,the City 4 additional box culverts,doing the rill for the roadway, 1 does dive quite a few implernehtf at Its disposal for 5 end the limited amount of ehannelizatlon. I know t6l'i 5 maintgn" such as booths aitd frictora and t Inp like 6 not in your packet,so I'm going to hand that rAtt sow, j at. but then are certain channels that because they 7 These costs are••may be higher or lower,but they're 7 't have a concrete pilot channel and they are 8 in the ballpa& a relatively flat as far as the slope,that Invariable, 9 If you look at the f"option and that is 9 may be due to the wit conditions or something else, 10 the excavated channel as proposed in the original to that dry ex*imeie some erosion and hocorrle••they get I1 construction plans. We have throe g X 3 boxes,the I I little pockets of pending water and become more I1 concrete pilot channel and the channel excavation,which 12 difficult to maintain. I I would be approximately S 122,000.00 to construct 13 As far v the ramps,I think that the reason 14 according to my calculations. If you get••moved to 14 they're looking for the exaction variance is It's not 15 the natural channel,you have additional boxes,six is clear in our ordinance the type of material for the 16 9 X 3 box culverts at approximately 5101,000.00. 16 access ramp and we••the plans that we"ted was for 17 Channel excavation would not be as great with only 17 ■concrete access ramp for reasons of we have heavy 18 $2,50000. And tkw additional fill for the roadway 18 equipment that potentially may have to go down there. 19 above what was originally proposed would put us close to 19 And,granted,it may not be that often,but If we ever 20 $120,00000,which basically shows you that the two 20 were,then we're not only repairing the channel,we're 21 options cost-wise,One adhering to our current criteria 11 having to repair the access ramp,as well. And I think 21 of having a pilot channel In the bottom versus the 22 that pretty much covers the Initial part, 23 rwttual alternative with additional openings and 23 So as we look el our findings,I first want 24 additional fill for the roadway,would approximately be 24 to mendon that the conmiction plans were approved 25 the same cost for the developer to build. 25 with the pilot channel on June 9th. The developer has Page 14 Page 16 1 One thing I want to point oul and 's 1 chosen to charinciim in order to minimize tiro bridge 2 probably evident by this picture is that the 2 opening and there is some benefit to the 100-year flood 3 clta inclvation itself does net contain the 100-year 3 plain. The option chosen by the developer to constrict 4 Hood plain, It's basically to reduce the six of the 4 an earthen channel and concrete pilot channel along with 5 be culverts that are being put under through the 5 the box culverts is likely to be the same••possibly 6 roadway,also to gel the grade to draln because we only 6 greater than preserving the natural crock and elevating 7 hate basically two foot of vertical channel versus the 7 the road crossing"or constructing additional bridge a five foot as proposed. 8 openings as proposed in the excavated channel, Choosing 9 'Aliens you look at the ordinwce and we stars 9 the natural alternative will avoid••if they were to 10 talking about the pilot channel,the basic reason on the 10 choose the natural channel alrernative,the City would 1 I pilot channel is for maintenance purposes. In this I I not require them to do any type of pilot channel,if 12 particular case f did want to point out that the flow 12 they were to reserve It in a nafural state. Maintenance I3 velocities we approximately six foci a second or less 13 is the main focus of our regulations a pertaining to 14 which arc not considered••it's borderline. Anything 14 the pilot channel, if these provision are red 15 more would probably start to cause erosion. 11's not or 15 implemented it cold potentially Impact the City's 16 the type of velocities that are significant to cause 16 ability to perform malntenenee. It could impact the I1 massive amounts of erosion. You might get small minor 11 expenditure In the future if we were to have to come 18 erosion in the channel. And that Is why we're not 19 back and do some type of repair or potentially even have ! 19 proposing that they concrete line the entire chmncl 19 to put the pilot channel in. And based on those A r r N20 including the side elopes,because that's wt.:our 20 rmditgs, off noommenda denial of the exaction 1 r r 21 Ordinance basically indicates. the rcam w:':. 21 variance from Soction 34.124(eX5Xc)of rite City of 22 requiring the pilot channel Is it is specified in the 22 Dcnlon Subdivision Rep concerning coeatruction of the 23 ordinance 23 concrete pilot channel and Sections 34.144(eX6Xe) 14 1 would wont to point out that the pilot 24 Concemhtg the Ooaatruction of the Concrete ctrmsel 25 channel keeps the flow going duagh the property,keeps 15 aooess ramps•• actwlly ttooess ramp. PLANNINO do ZONINO JULY 28, 1999 Page 13• Page 16 22. 1 I r: Page 17 Page 19 Il I I woule:want to point out that if the 1 because 1 goes whit I'm trying to see is— ! 2 Commission votes to approve the variance,that the City 2 MR.HOMMO: n would be the relative 3 really is in e j position not to woept Cho maintenance 3 width if you were to pmjoct Leis up. The crock kind of s of this channel. However,we woul4 accept a drainage 1 turns and gees"a direction. S eavernmt with language that would place the owner as the S Ms o"ve: it takes It good chunk out of 6 responsible party for maintenance. We would have to 6 thts proruty? 7 have language in the easement that would allow the Cit.' 7 MP.HO UTWO: Correct 8 Ingress and eg"far the ability to maintain this red 8 Ms owar+.a: so more than likely,thry're 9 crossing,the ability to inspect to make rue that 9 going to come in and ask the same thin&to be able to 10 maintenance was taking place. And, finally,that if the 10 make more land usnbhe, I I property owners requested that the City assume I I MR.tlOe T VO: they could potentially,yes, 12 maintenance in gone point down In the future,that we 12 And the people downstream could have the same request, 13 would have the opportunity L examine it and determine 13 as well. 11 if there's any cost or Improvements that would have to 11 Ms owme: so being that this top ;s b:trade to make It maintainable or--which could 13 property has not been d-veto*and we don't know when 16 include contitr brig a palot channel at that point. And 16 it's going to happen and if we for some remn spprove o that concludes the staff report 17 what they're requesting,are vn going to he causing is MA LNOELEI ECHl: COMMISSlenerk any I I problems to the homeowners' sites? t9 questions? Ms.Geordie, 19 MR.Hocmwa: From the standpoint ON 10 ids o01 WPM: I Was just wondering,scree 20 MS.ows.DiEr tat 11,the future phase. 21 this goes up to tt c let to the.I guess,the north and 21 it,a just sitting there wide open and,you know,you've 21 it looks like ere drainage easement copses off another 22 got your little charms land thing, But the flood plain 13 lot,is that going to-• Is all this going to lle in 23 is out bere and so you've got all this extra area that's 24 together somehow? I'm just trying to figure gut,as 1 21 not being putted Into this. 23 look at--not that page,but the other picture that you 2s MA Hortma: tf they wanted-- in reality Page 18 Page 20 1 gave us of the whole gubdivision •• I on this particular area,this Is Ibe potential for fdl, 2 MR.HOEL11N0: okay,hold on. This one? 2 MR. ENOELILECIrr; Can you Crave that over 3 Ms.amomiE: Number 7 •-pop 7 or 1 because we can't we it. a Attachment 3 in our backup. Well,I was just wondering 4 MR.HOELTWOt sure. Thl I is the potential s because what we're WkIng about Is RA area that's going 3 area they could fill to what we call the Medway on 6 to be In future phaaa and future development. I guess 6 these two lab. The floodway is also in this lot But 7 one of them has already been -• Is being worked. I'm 7 it's the intention of the developer probably not to do a 8 just kind of-- t don't understand how thin Effects-- 8 whole la of rill in this area because we have I falaly 9 Okay. 1 gwt% the dratnage--is it coming down--is 9 lair buildable arts here and here,but we don't have as 1 to coming south? 10 much In this area. But it's sot his intention to All I I MR.HOELM'G: lie drainage is flowing this 11 the entire lot. it's enough to put his pad site on 12 direction 12 these two lots. But they've chosen not to do that at 13 Ms o wRmr okay, So Ue property,Lot 14 13 eta point in order to preserve some of the flexibility 14 to the north where part or it clips off,1 guess that's 11 for wboev'er purchases the property. And when they come 1 s where a lot of the drainage is coming off of? 15 in at a later date,once they determine where they vet 16 MR. HOELUNO: Correct. 16 to do the fill,they'll have to 90 through a Pry to 17 Ms 0MR.O p. is that going to also have to 17 domment the impact$of that All through FMU and then 18 go through this prooeas Rise? 18 whatever they don't reclaim will stay as a drainage 19 Ma.IIOELMU G when they came in to Pitt 19 easement A , 20 this piece of property,they have that option to 20 Ms.00MIE: okay. lbank you. 21 dedicate the entire 100 year flood plain u a drainage I1 MX HoE TD O: Does that answw your 22 easement and koep it natural. Tbem's no requitement to 22 quesdoo? 23 do any Improvements 23 M&oouwte: sort of,kind of. I'm just 24 Ms ow km: okay. I'm just kind of trying 24 trying to think of the future effect of this that we am ]s to figure out bow much of that to In the flood plain 23 working on right now. And I gueaa 1'al looking at the PLANNING &ZONING JULY 28, 1999 Page 17 • Page 20 23. Condenaeitt" Page 21 Page 23 I whole ante versus Just the small part of it that they're• 1 it would be appropriate to TrOOCOd, we were advised 2 working on right now. 2 that it would be appropriate to proceed with the a 3 MA HOELTV& once YOU start getting 3 preliminary and final plat,so we did so. 4 downst.•eam,if we gel to the one square mile or larger 4 Tie proposed unlined Srawlined chanrel 3 in drainage arcs which would probably be,Just guessing, S that we have that we have redone&-sign on basically 6 Ryan Road, Everything from Ryan Road south will be one 6 does not Impact the drainage easement that was dedicated 7 square mile in drainnge area which means you cannot 7 to the easement on the final plat. City staff has a ctnannelix within the noodway. And anything--you can a reviewed our plans. Those plans.10 meet 911 of the 9 still fill to the noodway. But if you did not ftil to 9 subdivision requirements and Master Drainage Plan 10 the noodwey and did not reclaim the land,anything left 10 requirements for enn earth-lined channel as far u I I over in the 100-year flood plain would have to be l l velocities and slopes and dim kind of things are 12 dedicated as the drainage easernenL The only thing that 12 concerted. So if you approve the variance,basically we 13 would change that is if we made a change In our I S can go forward without having to adjust the final plat 14 Subdivision Rules and Regulations to not allow them to 14 at all. I S fill to the noodway. It was more restrictive on the Is I guess the question Ms.Crourdle had wait 16 flood plain l6 about the flood plain and one of the key problems that 17 Now,going upstream on this Lot 14,it is in 17 we have with the current=%Ing and the current 18 the area that's less than one square mile and as per our 18 requirements has to do again with the history of the 19 ordinance,u,cy could ebannelix. And our ordinance 19 property. The one thing,we can design the channel and 20 says,when you channcliae, if it's of the type that 20 make it work for about$60,00000 based on current bids 21 either tie sltpe of the channel is too stoop,that the 21 less than what the City requirements would be. And 22 soil won't support it9cif and in simple terms you have 22 that's the primary ream that we're requesting the 23 to concrete it,or if the velocities are too high,you 23 t wiance. The channel goes scross two lots and if you 24 have to concrete the entire channel. But if that's not 24 divide that$60,000.00 Into two lots,that adds about 25 the case,you have flat slopes. You don't have high 27 $30,000.00 to the cost of each one of those Iota. It's Page 21 Page 24 1 velocities. our ordinance states that u a minimum you I a 12-lot subdivision so you can do the math and come up 2 have to have the l0-root bottom concrete pilot channel. 2 with different numbers but,you knew,we do cot feel 3 Ms cmitrimi tbank you,Dale. Appreciate 3 that the concrete channel lining adds$10,000.00 to the 4 it. 4 value of those Iota, And that's basically why we're S MR.ENGEISRECHT: Other questions? Okay. S req'tmngl the variance. 6 7hank you is the petitioner or peitioner's 6 We have looked at the natural channel 7 representative prcscni? If you would give us your rams 7 option. With the proposed excavation that we're doing a and business address for the record. 8 and channel improvements that we're doling from the 9 MR EDWARD: chairmen,members of the 9 southern end or"properly all the way to the nartlero to Commission,my name is Greg Edwards, I'm a civil to end of the property,we are iowerirg the water surface I2 engineer. Our offices are at 300 Norsk Carroll 11 elevation u planned. If we do the maximum 12 Boulevard, Suite D here in Denton. 1 guess form thing 12 en roachments allowed by FEMA and allowed by the City of 1 s is the history on the project as we were going through 13 Denton,our flood plain,our floodway stadia slaw that la the development process. The staff••we had it 14 even in that case we are reducing the water Wace 15 conditional letter of map revision that did not require IS elevations from the southem portion of our property all 16 a pilot channel u we went through the subdivision 16 the way to the northern portion V otr Property. 11 process. That was pointed out, We Wei to accommodate 17 Thla property has been used at soma time In I9 those things, We came up with the dcs4m. The owner i8 the peat for excavation of sand,we betleve,because � ' 19 went back,looked u it from a Market VA s cost 19 thereto on and on the site that Is very low and b to A 20 standpoint,and basically before we came before this 20 do the what,right now with the channel excavation ( �;- ` 21 Commission with the approval of the preliminary plat,we 21 that we're proposing and the road fills that we're 22 identified that the concrete lining was something that 22 proposing and sortie" hopefully,woo'V have enough dirt I 23 wu not, In ror opinion,of benefit to the project We 23 ten over to do some minor pad rills. You knew,we're 24 did talk to t j daft about whether we should pull that 24 anticipating that we're going to have a fairly balanced 23 item agend,and come back with the variance or whether 23 site. If we don't do those fills and we soave the PLANNING dot ZONING JULY 28, IM Pago 21 • Page 24 i 1 24, J Conden#eiP" Page 25 Page 27 ! i channel as natural,we are going to be higher than t And then my other question to you Is if it's kft 2 existing conditions at the upstream end of the bridge 1 natant and it's not mintalned,you then have the 3 for our water surface elevation. Our roadway fill is 3 problem going on••and so I'm just curious as to why 4 going to have to be more. instead of moving dirt from 4 the pilot channel is so disagroeable. Because to me, S one location on the site to another location on'the site S being where I live,I've seen what an unlined channel 6 for about$3.00 a cubic yard,we may be in a situation 5 does after a few years of birdaads and everything 7 where we've got to take dirt from off the site,bring it 7 coming up and being not maintained. 1 think a channel, s on to the site,and that number Is probably closer to S a concrete pad would have ban a good way to get the 9 S10.00 a yard unless we,you know,fall into a situation 9 water out of there, I'm Just curious from the to where somebody just,you know,wants to give the dirt 10 engineering standpoint as to if you really••your i I away and will haul it off for you and that's••but 11 evidence is so stnnrg that the bottom Cad is really not 12 under general market conditions,we're looking at 12 a purposeful •• 13 something around$10.00 a yard to do those, 13 lip.EDWARD&: well, I guess we are,with the 14 So in the calculations I think,you know, 14 estate-type road,we've Sot about 2,000 foot of unlined 15 basically we're fairly close to agreement on the cost 15 channel in the front yanb of each one of these 16 between the concrete-Sired channel and the natural 16 properties, The property owner Is required to mow the 17 channel. 1 think those fill numbers are a little bit 17 grass out then which is basically the maintenance that 18 wrong, We've estimated a little bit less on the channel 16 is necessary to keep the flows going. If you have 19 excavation and probably for the natural channel,it 19 appropriate nows and even flows and you don't have 20 wrould be+lore, in either case our proposed design,if 20 large shifts in flows,gressdined channels wok very 21 you approve the variance,is going to&eve us about 21 well. Thcy don't erode,as Dale indicated,and they 22 $30,000.00. And we think that it is,basically, 22 don't silt up if the grass Is maintained and cut. And 23 tochmievily correct and probably even more ecologically 23 our proposal is that the homeowners will mow the emu 24 correct solution to the problem. 24 as required by the City ordinances and that is the 25 If you put the concrete lining In,you don't 15 appropriate maintenance for thou things and they should Page 26 Page 28 I have as much absorption into the toil in the channels l work well, 2 and less water getting to the ground level. So a lot of 2 The highway department has millions of miles 3 practices in a lot of places have been limiting the use 3 of road with,you know,graa-lined bar ditches that 4 of concrete lining in channels and minimlAng paving. 4 have functioned for omturies and I think there's•-you S And we would like to preserve this as a more natural S know,every time you drive on the ltighway,you as + 6 look. 1 think that's another thing that Vince is going 6 grass-lined channels that we functloning spproprintely. 7 to address to you. From the urchnical Issues we think 7 So I think their use Is well documented. s that basically we bave a sound design. 11 will work, 8 Ms.ooURDIS I'm glad to know Txoot has 9 It will function properly in accordance with the design 9 been around for ocnturin. Thu'1 quite antaring. to standards and cost a whale lot less. if you have eny 10 MR mat ttuHT: Any other questions? I I 1 questions IT 1l be glad to try to answer those, 11 take it that another petitioner wand like to speak. 12 MK FNGE19REC•HT: MS.000TdiC, 12 MR EDWAAD6, Yes, lid. 13 Ms.ODUKDit3: Hi. I'm curious about 13 MR.ExoEteaecxr. okay. if you would pleas 14 maintenance. It said that the City's not willing to 14 give us your name and business address for the record Is maintain this property, If we accept this variance, Is Mit,AA'0: Vince King,313 South Locus% I6 y'all are in charge of doing It and it says slut it 16 Denton,Texas. Thank you very much for allowing me to 17 falls on the owner,the property owner'#mponsibdity. 17 speak, My wife and 1,we're trying to keep a le I'm just kind of curious a to••if thtl9 is something 18 notursl-type m t. We feel like the ehanneliring helps � 19 that these people arc willing to accept and maintain or 19 us tulilin some of the land In these fog tgecine Ids q 20 haw are y'all going to handle that situation? Because, 20 that surround this channel and by reducing the flood ( f 21 you know,your cost over the years is going to be back 21 plain,enables us to build houw or get houses mere 22 up there for these people maintaining the property. 22 into to center of tees large ealate•type lob, At the 23 MA EDWARDS: 1 think Vince want$ 10 amswer 13 sent time we want to keep the area natural and the 24 sonic of those questions. 24 specific channel plan that we have Is going in era+ u Ms.OoURDin: Okay. I'll ask Mr. King that 13 where there arc no Imes and we're trying to miss srom PLANNING At ZONING JULY 29, 1999 Page 25 • Page 28 25, . Coodcoacltn'` Page 29 Page 31 1 In one regard, Ms. Crourdie,}our gtesticc 1 United Church on Hobson. It starts on our property and 2 about the grass-lined channel,If we ko the natural 2 ends on our property and it's earthen on both side. 1 r 3 route a grass-linod channel exlsta now. There is no 3 was responsible,as a Bard of Trustees,of pu"k4 that 4 pilot channel so,I mean,it already is there tow. So, 4 channel in in 1989. That channel has cot been touched s you know,whether it's inward as now or somcwh6v else, S by anyone at the City. It Is wasted out at the bottom 6 I don't think the maintenance laws we going to be too 6 and eroded badly at the bottom. Su,you know,I don't 7 much differrot because that channel,whether it's left 7 we where any malotenanoe Is being done right now on 8 natural like it is or whether it's nmod to another spot 8 these things anyway. And for this to be a benefit to 9 on the lot and left natural without concrete in it,you 9 me,I don't am where it is,just the fact that there's 10 know has al I the same issues involved. 'Skis is 10 a concrete channel in there. A concrete chatnn.1 can I I precisely the Iook that we don't want running through I I silt. A concrete channel can grow grass. And a 12 our estate-type subdivision. It looks very hospital I) concrete channel cannot be maintained. So,you know, 13 antiseptic-like. We're trying to keep the area 1 S from a cost••from I benefit to me as a property owzter, 14 natural. You know,we're not interested In a look like 14 1 don't me it and I appreciate your time and would hope 15 that. And that's another reason that we're proposing a 15 that you would eanarder approving my varlanm. Thank 16 gra .-litVA channel. 16 you. 17 I kxik some pictwcs of some channels around 17 MR.ENOEL6A Xlff: Any otter questions, 18 tow,t,too. Specifically a couple In Sundown Ranch. I I Commissioners? Think you. Is there anyone present to 19 Item's a channel that Is concrete-lined. It has severe 19 speak in favor of this potion? Anyone present to 20 silting. There's ponding water and there's grass 20 speak in favor of the petition? in that case,anyone 21 growing over the concrete right now. And it doesn't 21 present to speak in opposition to the petition? Anyone 12 have any access roads that 1 could tell by driving 22 present to speak in opposition? Seeing rte opposition, 23 around going to it. Hero's another channel In the same 13 rebuttal period is waived. Public hearing is closed. 24 subdivision that's concrete-lined that's silted In and 14 Mr. Sioelting,do you have any final staff remarks? 2S it's ponding water,also. So concrete channels can do 25 MR.HoELiva Yes. I wanted to comment the Page 30 Page 32 t this, too. And 1 would assume that the City would,you l pictures from Sundowi-t Ranch with the concrete pilot know,nerd to go in there and fix those,as well. And 1 2 channel,David WonaW me that they got a variance to 3 would think that a lot of money could be spent at going 3 go from 10 foot wide to them foot wide so that is rot 4 in and cleaning up an earthen channel possibly before 4 our standred concrct-linod pilot channel. And the last s you could recover the price of a concrete-lined channel. s plctum was not a 10 foot wide bottom,a well He 6 MR MORENO: Put that --that previous 6 pointed out siltation a a problem for maintenance 7 picture. Is there concrete all the way underneath that 7 Erosion does occur, ht's a natural occurring process. It silt all the way down to the lower right-hand corner? 8 The reason concrete is more maintainable,if you do get 9 MR 110ELTAIO: Yes. 9 sediment and tendon that comes down the crock,you We 10 MR MORENO Is that what you're telling us? to a surface that can be able to be eleanod a lot easier 11 MR.HOF-LTINO'. Yes,yes. I I than a natural boom,if we do have problems with 12 MR,KtNt7: This Is behind Bent Oaks, again 12 siltation is one of the advantages and one of the 13 it's got silt in the bottom and it's growing gross In 13 reasons we like the concrete pilot channels for kwse of U the bottom of the concrete channel. As far as rowing 14 maintenance. 15 goes, the City ordinances require that everybody mows 15 MK ENUEt SRWW- Commissiotlers,are there 16 tieir yard. We don't have 50 Pots here. We don't have 16 any questions? 17 50 lots wlete there's really no dcCinidon of wb 3 owns 17 MA.Hmt.rnvO: I did also want to make i l the channel and who doesn't. This channel is rt wring IS another comment. If a channel Is left in Its natural 19 through two lots. Those people are responsible for 19 state and a 100-year flood plain is dedicated as a 20 mowing their yards Just like d-ey're responsible for 20 drainage easement,the City does acttpt malnten&V for J 21 mowing a 300-foot glass-lined drainage ditch In f+,,nt of 21 those case. So City will maintain a natural arcs and 22 their yard. 13 that's what we're promoting and pushing and hoping that 23 As far as maintaining s channel,this 23 "It will keep camas in their natural state. It's 24 channel is anod ict example of a concrete channel to 24 lust when they go to the channetizotion,it changes the 13 nowhere. It sits behind my church at Trieity Methodist 25 charactaistics of the stream. In this particular case. PLANNING & ZONING JULY 29, 1999 Page 29•Page 32 26. Grodenseitt''r I Pager 33 Page 33 I the flood plain is fairly flat. The velocities In a 1 entire flood plain,look at its Impacts,submit the 2 100-year storm event are spread over a large— 2 appropriate dwomentation to FEMA And upon that 3 actually.the Flow area to sprjad over a large area and 3 approval,w s'll approve the grading or the fill 4 when you start concentrating in a more confined area, 4 associated with ire building pamtt and also the— S the velocities naturally stmt to go up. You don't have 3 we'll have to come back and modify the drainage casement 6 a natural bottom. You now have excavated side slopes 6 to match that fill. 7 that am susceptible to erosion. So that's why we have 7 And In a normal course of a subdivision, sdoptod the standards to protect that channel. B typically wben we approve the subdivision.the amount of 9 In addition to that,when you calculate your 9 fiiI that goes into a drainage casement typically does 10 100-year flood plain on the computer model,it's basod to not o xur after we've approved the subdivision. It's I l on a certain roughness coefficient for that channel 1 I all p art of the process because our regulations 12 being maintained in a oertaln state. Fo if it's 12 typically say you can't do fill in it drainage easement. 13 supposed to be maintained as a rater.grass-fined channel 13 So wbat's the one way you can do fill in the drainage 14 and high vegetation or trees when everything grows up, t4 e:4ement7 Come back,submit all the appropriate r 3 thLm you start blocking off now and it backs water up. Is documentation and get the drainage easement ehangod. 16 And In this can it could potentially flood the bridge 16 And that's the f4-mat and the steps that they're willing I7 or increase the flood plain. So we have to continually 17 to live with and willing to do for this particulu I I go out, and I'm sure you've soon the type of maintmanae Is project, 19 we do on Pow Creek as fur as the mowing. And many 19 ma.R1sHt u •the question is the City would 20 people ask why we don't have the flooding problem 20 prefer in the community a grasa•lined channel as--with 21 Maybe one of the answers Is we haven't had the storm of 21 the natural contours of the existing was and surface. 22 record yet or maybe it's because we do a good Job of 22 It sounds like the owners arc proposing a grass-lined a maintaining our channels kocping the®ass mowed down. 23 channel. I'm not quite note-- 24 And 1 know we have of lot of idcntiftod 100-year flood 24 MR.Hort. ttia our preference is to do no 2s plain areas but maintenance does go a long way In 23 channefiration at all. Page 34 Page 36 1 preventing flooding. fro that is another key thing to 2 MIL IISHEL Right. 2 nmernbcr. That's all the comments I have. 2 Ma 110ELMO: Our current ordinance allows 3 MR. ENGLLBRr.CHT Do Commissioners have 3 them to fill to the floodway so they could fill to the 4 questions? 4 floodway tut not do any changes 11)that channel at all, S MR Rislirl' question. S no excavation or anything. But once you do the 6 MR ENGELBRLCHT: Yes,Mr Rishci. 6 chamneliration and change the characteristic of the 7 MR Rtstitu Mr, I lociting,I'm not quite 7 charnel,our ordinances state that you have to have a s sure— the map, the drawing that you showed or i concrete-lined pilot channel and that'%what we prefer 9 indicated,I guess Attachment No. 2,that was a proposal 9 from City parrs recommendation, io that was put tcWhar by the P,dwards people,I t•Jce i4 10 MR RISHEL: I understand. 1 I of what they would want to fill on those xpecire loU? I I MA HOELTINOa Shat a concrete pilot channel 12 MR irmlva That's the potential fill. 12 be eonstrutted. 13 MR RISHLU But not n00essarily What 13 MA R1sHru lr they were not to to to that 14 they're recommending at this time? 14 maximum criteria and have somthing that wasn't U 1 S MI.HOUL•rlvn Right. There's not been may I s severe in bow it drains from the ICU onto that channel, 16 typo of grading plan for those feu lots other#`w Una 16 would that he something that we,as engineers and 17 channel excavation that's boon sub.minod and approved. 17 planners,might be able to aaept more readily? Is it 1 s So where the fill Is going to Wee phase,how It's gain` I s Just the wvcpcoca of which the maximum criteria would J 19 to take pf arc,end how deep the fill is g:?y to", has 19 allow them to build back toward the channel that we'm r A 20 not bom proposed as part of a grading plan. That would 20 objecting to or is It any fill whaLweverf 21 be later al the time In which each person tomes in to 2l MR moco fO we're not opposed to the fist 22 pull a building permit or,in INS can,they Would come 32 to the floodway. W'e're basically stating that it's your 23 back and do an simending plat for those four hots. Once 23 choice, You can keep the Creek in Its natural state and 24 they submit a grading plan or a fill plan slowing when 24 do m,modifications or excavation. But if you so choose 23 they're going to fdl,then we'll hav,to re<xomine the 23 W dL the excavation.we have certain standards that we PLANNING do ZONING JULY 28, 1999 Page 33•Page 36 27, I I Condenselli m r age 37 Page 39 1 want you to adhere to to we can maintain,that channel. I could be substential. i 2 This channel is going to be about five fat deep. It 2 What you normally see In a private drainage 3 would be approximately on a four to one die slope and 3 program,and you'll we some of that maybe on the 4 in some cagy they're going to try to lay this back at a 4 Robison development tonight,the Ilomeowner's Association I S six to one to try to minimize the steepness of the S accepts the responsibility for maintenance. And so if 6 slopes as far as so the homeowner wilt b,able to 6 thero's 200lots then you can spread the cast of that to 7 maintain it more. 7 200 homeowners. And then the way we do it is thst if 8 So You're looking at a channel that's a Lrey fail,if the Flomrowtscr's Association fails to do 9 probably if it was four to one at s mintmun,would be 52 9 the maintenance,we go in aid do the maintenance and we to foot wide nt its top width or SO foot wide. So right to have a covenant running with the land attechod to the I I now it's maybe 10 farot wide. So we're going Qdm I I plat that says whatever our cast is we have the right to 12 foot at the top,what we call the top of bank,toSO 12 assess what it costa us to free to those 200 people. 13 foot where the main flow is going to run in this 13 The concern lore that worries me 4 little 14 channel. So that's changing the characteristic and 14 bit is that wee only have,it sounds like,WM Ids and is that's SO foot of area that has to be maintained. I! so if we ran into an erosion problem those cr ornents 16 MR, ENGEIDRECHT: Other questions? A 16 would place-•we need to place that cost not on just 17 question with regard to this maintenance,we're making 11 the two lots but at least on those seven so we spread 18 this--it was proposed to us Owl the malntemaree would l8 that cast out among those property owners evenly. In i 19 be managed by the homeowner. Would that be the same,l 19 other words,Just because they didn't buy those two IOU 20 wonder,who may want to allow trues to grow up in there? 20 that have it is not it way to Ice them out of the 21 If they were maintaining it,Is there anything to stop 21 liability or otherwise we stand a real problem I think 22 them from allowing the trocs to grow up,which I'm 22 what's lost--l don't want you to lox sight of, 23 assuming we don't want beans that stops up--that 23 they're buying a flood plain property and the reason 24 messes up the flow? 24 they have these costs is beaux flood plain property is 25 MR. HoELTt a 7bat Is coma. But 1 dcn't 23 cheaper because the Inhastructurt is more expensive. Page 39 Psge 40 1 know of any language,and Mike might speak to this, I So that's the problem, Don't lose sight of--yes, 2 where we would have •- it would have to be some 1 there is sonic infrastructure cost with pilot channels 3 performance t;pe criteria that if a channel grew up from 3 but the resulting deal Is the market sells that property 4 ■sapling,that they'd have to cut it down. Now,1 4 less because or that. S would indicate that the City ruff would prefer to S And so what we're just saying is if you've 6 maintain rho channel beaux we have Re equipment,the 6 out to--if you want to take the gamble that the grass 7 ability and the manpower to do It A Id of this stuff 7 will work,then what we're just saying is be an to 8 requires large equipment depending on how large it is 8 provide us in your motion the right that this be handled 9 and the state that it gets In. And that's the route we 9 as a private drainage system In which the City has the 10 really prefer. We're just stating that if we don't go 10 right to put covenants on the property to have a lien, i I down that route,we're acceptable with the homeowners I i that if we have to step in to repair it that we can 12 maintaining the channel with the conditions that wt have I1 recoup that cast. 13 the ability to impost. if it's not being dace right, IS MR E710ELBRf. w1 Otter questions for staff? 14 we could bring our equipmenl in and potentially have the 14 f have a couple more, One Is there were some 15 ability to charge for that if it's not being maintained, is photographs go"here. One of them wait Sundown Rauch. 16 keeping the same roughness value back or place it lien on 16 It would appear that the sloped are won't grassed in 17 the propwy if+ve didn't roacive payment. Mike might 17 yet, I'm assuming that In tine that pilot channel that 16 be able to spend to that l8 we were looking at will be grassed in other Ran oa the r r 19 MR.B:rCEtt, the way we've traditi onally dose 19 sloped 20 that and the is what's very difficult in this situation 20 MIL HoEL77NG: I believe that Sundown Sundown Ranch %�'• 21 is nort a'ly you have too to 200 lots that are going to 21 is less than a yea old probably. 22 accept Rv;neponsibility for that private drainage 22 MR.oowvLDWN: 7bey're In Just Phase I mow .; z�+nnrl And what's eery in this situation,if you 23 and have heat final platted Phase 14 so they're 24 only have kA,r or eight lots and there is a problem to 24 definitely udder comstru Jm yes iS free,then LFe lien you arc placing nn that property 25 MA HOELVIG: go has that particular phase PLANNING do ZONING JULY 29, 1999 Page 37 a Page 40 28. i i t i - Page 41 Page 43 � 1 been smptod,David? Just today? Okay. Typlcslly, t historical•• 2 the first year mainteMance is Oe responsibility of the I MIL ENGMRECHT: Yolk I'm aspu nIN that 3 developer to maintain that. Over time if it's grass, 3 that lesser dope silo"easier ease of maintenance. 4 looking at the slopes and it's really going to depend on 4 MR.SALMON. well,the lesser dope makes S ••excuse fie--the slope of the channel,the amount of S the{rater now slower and it nukes silt deposit out In 6 now that's through there,the amount or development 6 the channel more easily than if they had the normal 7 that's still going{on upsueem,because as you start 7 slope on IL 8 doing more and more construction,that water shed, 8 MA ENGELRRE -1 Okay. 9 depending on haw well the erosion control practices are 9 MR.MORENO,. what NOV the aide slope On it? to in the City,that scdiars load will come into this 10 MR SAU-M. The side slopes are very,very I t are. And'Scrc again,with Ox Oree foot wide 11 ••in face,in that particular picture that's the area 1 12 concrete pilot channel,it's very difficult to gel a 12 think just below the lake art at Sundown Ranch srd they 13 Bobcat in there to scrape any sediment off. 13 really don't even bane a channel section diem, 14 MR. ENGELnEcuT: i wanted to make a comment 14 Basically what it is is an are probably as wide or 13 about that I was actually glad they brought that IS maybe even wider than this room with to very gradual 16 photograph. In the future I would ask the Eiuglnoering 16 slope on it and this hittiu three foot concrete ribbon 17 Department,anytime v e have a drainage variance that 17 kind of winding through the middle of it. 18 coma in like on these pilot channels from 10 to throe is MR.ENOELBRECBT: Okay. 19 foci of fair fat or whatever the caac might be,that 19 MR.HOELMO. J you were to look at our 20 you bring some photographs of current existing ones Asa 20 detention pond raluirnnenu.I think a lot of the 21 arc••been varied to give w a sense of what the 21 channels In Sundown Ranch also utilins the detention 21 history of those arc. 22 facility,that our bottom slopes In the detention 13 Another question I have hav to do with When 23 facility Is one percent slope,which would equate to one 14 did our Subdivision Regulations chwuge that nqulre the 14 foot••I would say roughly a 12 or 16 to one,in Oat 2S 10-root pilot channel? Do you happen••do you know a, 21 range,so very flat slope. v Page 42 Page 44 1 Davies,do you know? h MR.ENGELBRECHT: Okay. Any other 2 MR, HOELTINn: Our Drainage Criteria Manual 2 questions,CanmUslonen7 Ms.Apple. 3 was adopted In 1990 and"It•-Is that ahran— the 3 MS APPLE: tilt a question sloe one of Ile { 4 Subdivision Rules and Regulations wan 1990. 4 Maio concerns here cams to be the maintenance of these, S MR tNGELnRECHT: The reason I'm askh+g that S 1 noticed in one of the picnics t%A he showed One Beat 6 Is the Trinity Church,I think that was probably pun In 6 Oaks chamet and I know In some that I have perennially 7 under the old ordinance as opposed to•• that would have 7 observed with some taller things growing In the 8 bee••that would have required a LO-foot pilot 8 concrete,what kind of maintenance is done to prcvrnt 9 channel, And we can we what happens with the narrows 9 those things from happening? Because to me it's real 10 ones,erosion around the edges of them and all those 10 tmsigluly to we the stuff growing tot of the concrete I I other kinds of problems 11 more so then growing in t. natural environn ent. 12 MR.SALMON: l just wanted to say one thing 12 MR.HOELTLa Typically,if you have I3 because I was the one that presented the variance for I3 natty dopes where the water do m't move very fact 14 0c SuMowro Ranch. Another factor on those particular 14 and it aorta depositing sediment,probably In those IS channels and some of you I think may have been on the is can It's more••Have atually seen large trees grow A Commission when we had that vertance,the slop,oust 16 an of sediment,growing on wp of an oci ad ehwmeL 17 there were extremely flat. And.In fad,I think we 17 So It's better routine malnlenanee as fn as cleaning 18 wen dealing with tome slopes that were in the range or 18 Oe sediment W. And a hest of the Is a I'Mcdon,100, 19 0.3 peroent and that ww a-trolly Part of the variance 19 of being able to get to=ss and gel equipment down Into 20 was that wv were going to allow slope$less than ,S 20 these areas and how easy It is to gel down there to do 21 percent. So not only are those pilot chamois 21 it. If we have hosts backed up to a darnel and we 22 considerable smaller than what we would normally 22 don't have It wide ew%%Oat is on a 10-foot bottom 23 require,but the dope on them is also much less than 23 Oat Is riot wide enough,0111'1 gel equipment down{bete. 24 what we would tarmally require,u well It we$all 24 Can't get a truck or WV Victor In order to gel to 1s part of the variance. I just wanted 1, give you the ju those mess. So dot may have a bearing in tome areas PLANNING & ZONING JULY 28, 1999 Page 41 • Page 44 29, CondenwIt"` Page 45 Page 47 I why we onidn't do the maintmarsce as well. I MR MORENa . so these natural channel I Ms.APPLE: so they're lust going to look 2 illustrations that you've given us,these are your 3 11C -- I mean,there's noway to-- 3 figures;is that correct? 4 MR,IIOELTSNCF The test thing Is to Continue 4 MR.HoELTINO. correct Now,it's based off 5 to clean the sediment out of the pilot channel in order S of the drawings and the materials out of his variance 6 to minimlx the trot growth as far as in the concrete 6 request 71he pilot channel,lie estimated between 7 itself. 7 545,000.00 to$60,000.00 6o h put a twat of$52,000.00. 9 Ms.APPLE: but that would be the goal to 6 He gayl me a cost for the six 8 X 5 boxes and the rest 9 have routine maintenanoe on these so they did not look 9 is earth work quantity based on$3.00 a cubic yard on to unsightly? to the excavation. The fill Is based on$10.00*cubic 11 MR.110ELTING: Correct. it yard,one foot of fill for the roadway. And the boxes 12 Ms.AtPm: And hopefully the ones that we 17 would be approximately da+bie the cost for the natural 13 have viewed are just a fluke or they are working or i., 13 versus-- 14 MR, PsGELBRECitT! or they're old or they 14 MR.MoRENa. That's what 1 was trying to 1s were put in un&er the old Subdivision Regulations. I3 understand So we don't really have a comparison of 16 Ms.APPLE: or they're Inaccessible 16 your numbers versus what he Is proposing, 1s that what 17 MR Licit:unNO: i can't know. It maybe the 11 I'm hearing? We don't have it in it written format? I I cases where we may not have a drainage •- it depemds on is MR itomilsiO: No, I don't have anything in 19 when It was dons. We may not have a drainage easemenl 19 a written format other than the cost of the pilot 20 to do the maintenance. M channel and the relative sizes of the boxes on the 21 MR BUCEK: That's tear. one of the things 21 excavated versus the natural. So it would be basically 22 that we run a problem,too,is exactly what you're 22 double the cost of the box .-the bridge opening from 23 s,:;Ing,having handled claims rot six yeah with the 23 natural versus excavated, 24 City,is that when there's a pothole on a stroct and 24 MR MORENO. okay. Thank you. as someone hits it,they all us and we know there's a 25 MA ENOELBRECHT: Any other questions, Page 46 Page 48 l pothole. And in these drainage areas many times there's I Commissioners? it appears there arc no other questions. 2 a problem and either they don't call in or maybe they 2 Thank you,sir. Are dicre any comments or a Motion? 3 call 4►:wrong place and we don't know that it's getting 3 And I mlght ask W. Buoek to help me out here. As I see 4 that way until it's real bad. So we still have to rely 4 id,from what the staff has said,fast off,v e could S on citizen information to respond to the kind of thing S approve the variance toques%deny it. Wr could,if we 6 you're seeing. 6 did approve the variance request,the City u 1 7 Ms.APPLE.: okay. 'hanks. 7 understand it,is requesting that certain eovaents go 6 MR ENOELBRFCFIT: Mr. Moreno. I along with the plat. 9 MR.MORENO: Yes,air,Mr. Halting, I'm 9 MIL BUCEK; If you approve the variance,we l io having a little bit of difficulty trying to understand to would request that the channel be developed a a private l 1 i everything that's being talked about this evening. In t I drainage m9cment with City Lsaving rights to do 12 your Finding No.2 you have said that the dewtoper has 12 maintenance if they fail to m.3ntaha and we have the I3 chosen to chann^.lize the creek in order to minimize the 13 right to appropriately put liras on the property for de 14 size of the bridf a opening, Let me ask something here. l4 mainkn inoe wort we do. That would be what our Is If the terrain were left in its natural state,how big is suggestion to you would be. 16 of a bridge opening would you nocd and would you still 16 Mx CNOEt.8KWHT: Mr. oourdia 17 nocd to fi Ii the roadway? 17 Ms 00URrim r remember when this property Is MR lIOEuiw It would be six 8 X 3 box la came forward to us about the sidewalks and 1 understand r t9 culverts k what the engineers calculated versus three 19 what de look is that thry'ne trying to create. And I 20 eight foot wide by five foot tall box culverts. 20 understand what the estate Is. So that's where my 1 t 21 MR, MORENa And that's what you've given to 21 problem is cotrhtg in Is tmderrlanding the prediamertl 22 us in your illustration? 22 the City is in and the predicament that they're In to 23 MR. IIOELTINO: As for u the cost And he 23 malnwn an Wm free-treeing apace, So being that 1 24 has also indicated that it would require an additional 24 remember the sidewakk variance and I Just really don't 23 foot of fill on that roadway,yet. 23 like eonerewlitrcd channels knowing that it's a twin PLANNINO & ZON1NO JULY 28, 1999 Page 45 • Page 48 30. l F Coodensolt'' Page 49 Page 51 1 situation either way. I Pav,ell. 2 So 1 would like to make a motion to approve 2 MIL POWELL tar. Chaimlan,if I might 3 the variance with the conditions that the channel be 3 explala my abstention. I don't think I've ever i 4 developed as a private drainage easement with go City 4 abstained here before in my life,but 1 wasn't here to s having the rights to maintain s bear the argwmnut I didn't feel qualified and my vote 6 MR.BUCEK: with the City having the right 6 would not have affected the outcome so,therefore,l 7 to maintain if the pro"owners fail to maintain the 7 abstained. 8 property. a MR.MELIIKECWt: That's precisely Why] 9 MS.OOURDIE: Okay, If the property ovaors 9 asked that because 1 assumed you might want to do that. 10 fail to maintain and the City has the right to put liens 10 Okay. Greg. Commissioners,it is 10 till, We have•- I I on the properties if go work is not performed, I I our next case is a ronIq change for specific use permit 12 MR. ENOELBRECHT; And this would be for the 12 on University at Nottingham. Do you waa to go ahead 13 entire subdivision? 13 and take that can before the break or do you want to 14 MR.BUCEK: Yes, this is en the plat that's 14 break now? Break. Okay, well,we'll break and come Is before you. It's not just the two lots. TTtis is for 15 back and lake this case. We don't know how Iwo It 16 the-- Is it seven lot plat? 16 could go. I didn't think this last one would go A 17 MR.DONALDSON: Twelve. 17 minutes. All right. We will return in approximately 30 IN MR. BUCEK: 7welvc lot plat. Ice minutes. 19 MR. DONALDSON: And we're making a 19 (Dinner break taken) 20 recommendation of approval. 20 stn.ENCEteRECHr: NI right. At this time 1 21 MR.BUCEK: Right. 21 will reconvene our public hearings. We will continue 22 MS.APPLE: rd like,to second that motion. 22 with Item No.6,hold a public hearing and camider a 23 MR.ENOELBRECHT: There has been a motion 23 request for a specific use permit for a private school 24 which I'm not going to attempt to repeat and a second, 24 at 1910 E. University Drive. The property is located on 25 which basic2lly,f believe,recommends approval of the 25 the southeast artier of Unlvemity,Drive and Nottingham, Page 50 Page 32 1 variance With certain conditions attached to the plat. 1 as is commonly known as Denton Bible Church. The 2 Any discussion on the motion? 2 private school,however,is not to be run by the Denton 3 MR.MOR£NO Mr. Chairman, I'm going to vote 3 Bible Church. At this time 1 will open the p•rblic 4 for the motion becau,c 1 don't like concrete either. 4 hearing and I believe Mr.Reed is gols g to I r)vide us 5 MR APPLE: 1'lxe link critters will like It s with the staff report Sir. 6 better,too. 6 MR PowEu-, Mr. Chairman,before Mr• Reed 7 MR F•NOE't.BRECIIT: 1 would tend to"with 7 starts, I would like Mr. Busk to confirm my membership a the motion. I have some concern about doing this very s here. 9 often, this idea of b0;ng up these private easements. 9 MR.BucEK, Yes,at the brvxk Commissioner 10 This is not a real large Area. l would much have to Powell wanted to be hue his position on the Board-on 1 i preferred to see it in the natural state and 1 I1 the Commission is still up for rcvlew by the Council and 12 definitely agree with Mr. Bucek that these area in 12 there have already been some appointments. But 13 flood plains tonne cheap and I think we should tread 13 Commissioner Powell continues to serve 2s 2 Commissioner 14 cau'iously with granting variances because that's part 14 until his appointment is sworn in. So rcr certain we 15 of the deal Mon you buy the land,then you've got to is wanted everyone to know that if he votes tonight his 16 go do the drainage. 16 vote certainly courts Arid he's a full-fledged member and 17 1 recognize in this particular case they 17 we're glad to have you here,sir. is want some flexibility with the lots but the lots arc 1a MR.LwoEtaxerrtt: okay. Mr.Reed. r 19 large enough,they could have taken a link less 19 MR RPEa Thank you,Chairman EnScibreclrt At , 20 flexibility, I think, and simply raised the toad. But 1 20 and good evening,Ccmtmisslooera. May i Ask as I was ant ( !; 21 will vote with the motion. Any other discussion? All 21 paying attention earue. At the beginning of the 22 in favor of the motion please raise your right hand. 21 previous ease before you,did we go over the procedures 23 Opposed same sign, Those abstaining, a for the public hearing at that tine? 24 MR. POWELL: Abstain. 24 MIL ENoruitwa: Ye;we did. 25 MR ENOELBRECHT: All right. Yea,Mr. 25 MR REED: Okay. Thank you. Then 1 shall PLANNING alt.ZONING JULY 280 1999 Page 49 • Page 32 31 . i i •oSS AGF,NDA INFOMIATION SHEET AgWSN& AGENDA DATE.: August 17, 1999 A90 DFPARTAIENT: Planning Department AC11: David Hill, 349-831 SUBJECT—Exaction,Variance (V-99-013) Consider approval of exaction variances from Section 34-114(5)(b), perimeter paving, Section 34.114(17), sidewalks, and Section 34-124(cx2), offsite drainage, of the Subdivision and Land Development Regulations for a 5.11 acre property is located in Division One of the City of Denton's Extraterritorial Jurisdiction (ETJ). The property subdivision is located on the southwest corner of Grissom Road and Trinity Road. Proposal is for one (1) lot for light manufacturing. (Planning and Zoning Commission recommended approval of partial variance from Section 34-114(5)(b) and full variance from Section 34.114(17),6-0; Planning and Zoning Commission mad:no recommendation, on a 3.3 vote, regarding a full variance from Section 34- 124(c)(2). BACKGROUND 'fire applic utt is proposing to plat the five-acre property and construct a 20,000 square foot cabinetry shop. There are no immediate plans for expansion of the shop, The applicant has requested a total of three (3) variances based on the size, topography or location of the property and a reasonable relationship between the requirements of the Code of Ordinances and the type of development he is proposing. In determining whethe- or not to approve exaction variances concerning the Hayes Business Park Addition, City Council must determine if the imposition cf any dcvelopment exaction pursuant to the City's Subdivision and Land Development regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted. The following paragraphs summarize the staff recommendations and reasoning for each variance request. Additional information is provided in the attached Planning and Zoning Commission staff reports. I. Fraction I artanre from Section 34-114(5)(6) concerning perimeter paring The applicant is proposing no street improvements, Regulations require that development along the perimeter of unimproved streets improve or reconsttvet the street to the same extent as is required for new perimeter streets. Along the perimeter of the applicant's property, this would require 966 Iinear feet of new paving at 25 feet in width with curb and gutter construction at an estimated cost of$169,658. Reror mendnrion/R• sonlpi : The Planning and 'honing Commission recommends a partial variance of the perimeter paving requirement, reasoning that the cost of the full improvements would exceed any reasonable benefit to the property. Based on trip generation analysis, this proposed development would generate approximately 420 vehicle trips per week. This Is roughly cquivalcat to the amount of traffic generated by 615 single family homes. Since it has been estimated that it costs about 55400 for street improvements to develop an average single family lot in Denton, a fair or proportionate cost for street improvements for this dcvelopment would be about $33,750. the Commission proposes that the applicant instead be required to construct a standard estate section road (which does not include curb and gutter features) at an estimated cost of $40,880. The Commission also recommends that this variance be granted with the condition that the applicant or any future owner will not construct more than 20,000 square feet 1 . t, of floor space on the five acre lot. if the applicant or future owner decided to construct additional buildings or replal the property, the variance would need to be evaluated again. Language shall +. be added to the final plat stating these conditions. 2. Exaction variance front Section 34-114(11) concerning sidewalks The applicant proposes no pedestrian access systems (sidewalks) along the perimeter of hit development.The cited section requires a four(4)fool wide sidewalk along ali road frontages. Recommendarlon/Reasonine: The Planning and Zoning Commission recommends approval of a :Iriance from the sidewalk requirement. The standard sidewalk would cost approximately ',728 to construct along the perimeter of the applicant's property. Although there is a need for sidewalks in the area, there is a higher p riority to establ'sh better pavement conditions in the area and is therefore willing to recommene full variance concerning sidewalks in exchange for a partial -ariance concerning perimeter street pacing. The Commission recommends that this variance be granted with the condition that the applicant or any future owner will not construct more than 20,000 square feel of floor space on the five acre lot. jr the applicant or future owner decided to construct additional buildings or replat the property, the variance would neat to be evaluated agaiq. Language shall be added to the final plat stating these conditions. 3. Enaction Variance from Secolon 34-114(d)(1)concerning offsire drainage 1 he applicant proposes no offshe drainage improvements to his development. Regulations require that offsite drainage facilities and improvements be providers by the development whenever additional stornwatcr runoff from the development would adversely affect any offsite property or would overload an existing drainage facility. Recommegdadon/Reasonine: The Planning and Zoning Commission makes no recommendation regarding the approval of a variance from the drainage design standards requirement. The increased discharge of drainage from the dv,elopmem as currently planned will only increase flow above existing conditions by 5 cfs. Generally, construction of off-site drainage Improvements to accommodate such a small increase ii, flow is not warranted; if the applicant's property were less than three acres in size, this increased flow would be completely disregarded. However, a property owner adjacent to the proposed development expressed concern to the , Commission regarding increased drainage diow through his property that might be caused by this development, Staff had recommended to the Planning and Zoning Commission that this variance be granted with the condition that the applicant or any future owner will not construct more than 20,000 square feet of floor space on the five acre lot. If the applicant or future owner decided to construct additional buildings or replal the property, the variance would need to be evaluated again. Language shall be added to the final plat stating these conditions. I. Approve as submitted. 2. Approve with conditions or modifications. 3. Deny 4. Postpone consideration. , 5. Table item, A. r RE:CO,tiIAIENDATION: The Planning and Zoning Commission recommended approval (fro, Engelbrecht absent) of a pvlial variance of Section 34-114(5)(b), concerning perimeter paving, from the Code of c, u I I Ordinances on August 12, 1999, with the condition that the applicant or any future owner not construct more than 20,000 square feet of floor space on the five acre lot, that the variance be t, evaluated again should applicant or future owner decide to construct additional buildings or replat the property, and that language be added to the final plat stating these conditions. The Planning and Zoning Commission recommended approval(6-0,Engelbrecht absent) of a full variance from Section 34.114(11), concerning sidewalks, of the Code of Ordinances on August 12, 1999, v ith the cuedid -n that the applicant ,;r any future owner not construct more than 20,000 square feet of floor space on the five acre lot,that the variance be evaluated again should applicant or future owner decide to construct additional buildings or replat the property, and that language be added to the final plat stating these conditions. The Planning and Zoning Commission made no recommendation (3.3, Apple, Rishel and Moreno opposed, EnFel'urccht absent) regarding a variance from Section 34.122(cx2), concerning ofisite drainage,of the Code of Ordinances on August 12, 1999. ESTIMATED PROJECTS HEftULVi The Planning and Zoning Commission has approved the Preliminary Plat of Hayes Business Park pending approval of variances by City Council. Final plat will be considered upon resolution of the variances and approval of construction plans. PRIOR ACT[ON/REVIEW(Councli.Roardi.ComMWdQ al The following is a chronology of V-99.013,commonly known as Hayes Business Park: Application Data July 29, 1999 P&Z Date- August 11, 1999 Fl,SCAL INFQRMATION If this property Is annexed into the City of Denton and is not developed any further, any future improvements regarding streets and sidewalks would become the responsibility of the City. ATTACHAIEM 1. Planning and Zoning Commission Reports, August 11, 1999, V-99-013. Respectfu y sub pitted: My Mark Donaldson 1 Assistant Director,Planning and Development Prep edb E rIr'� c l "flichlias 13. Gray a Planner I 3. c �I Agenda Flo ATTACHMENT ] Agenda tem Dale le i Memo To: Planning and Zoning Commission from: Ravid Salmon,P.F. P.ngincendng Administrator [late: oaro3,99 Re, Perimeter Paring and Sidewalk Variances for Hayes Business Park Greg Hayes, owner of the proposed Hayes Business Park Addition located on the southwest comer of Trinity Road and Grissom Road, has appliat for variances of sections 34.114, (3) and(17)of the Code of Ordinances concerning perimeter paving and sidewalks respectively. The subject sections of the ordinance raqulre that Trinity and Grissom roads be improved to City of Denton standards along the frontage of the development and that sidewalks be installed along both roads as well. The applicant is proposing to plat the property and immediately construct a 20,000 square foot cabinet slap on the five acres with no immediate plans for expansion. The t?plicant proposes no street or sidewalk improvements. The applicant basses the reason for the variance request on the large cost for the subject improvements considering the current development proposal. The Commission may recommend that the variance be approved by the City Council if the following criteria Is met. (b) C'ritcria for variances from development exaction's. When the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owmer or is so excessive as to constitute ocnfiscation of the tract to be platted, it may recommend approval of variances to waive such exaction's,so as to prevent such excess,to the City Council. Waiver of developmental exactions shall he approved I the City Council. Staff recommends a partial variance of the perimeter paving requirement and a full variance of the sidewalk ropuiremcnt based on the following analysis. Based on the Institute of Transportation Engineers Trip Generation Manual, a small manufacturing facility will genevate on average, 12 tripe per week per employee,21 trips per �J, week per 100[1 square feat of floor space or 268 trips per week per acre of land. The applicant - curTently has 10 employecs, is proposing 20,000 square feel of floor space,and has 3 acres of f land. Based on these numbers, the proposed dcsclopmmt will generate 120 trips per week based on employees,420 trips per week based on square feet of floor space or 1205 trips per week based on acreage. 4. J l The owner has agreed to limit his development to 20,000 square feet of floor area and IS parking spaces, so staffs analysis is based on the square footage rather than the number of employees or land area. This will allow the owner to increase his number of employees if needed(which Is possible with 20,000 square feel). In addition, placing a restriction on the number of employees would be difficult to enforce, As stated previously, a small manufacturing facility of 20,000 square feet will on average generate 420 vehicle trips per week, Using a comparison that the commission is familiar with, a single family home generates on average 67 traffic trips per week, so the Hayes Business Park will generate 6.25 single family traffic equivalents. As has been established previously by it study conducted by staff, it costs about S1ISO and 55400 for sidewalk and sh%cl respectively to develop an average single family lot in Denton. Therefore using the above-calctdatel single family equivalents, a fair or proportionate cost for sidewalk and street improvements would be S7,200 and $33,750 respectively totaling $40,950. The required paving and sidewalk improvemo.-ils including curb and gutter and urban stmt drainage would cost approximately $106,900 based on a cost proposal submitted by the applicant, and modified by stafr(proposal with modifications attached). To the right of the cost proposal submitted by the applicant, staff has added some costs for an estate section street, which does not have curb and gutter or urban drainage features. The cost of paving the Trinity Road portion of the frontage including sidewalks is$45,664. Eliminating the sidewalk brings this down to $40,880, which is within 5100 of the amount of Improvements recommended based on tranle generation, Me applicant p opuses driveway access to Trinity Road,so it would be more appropriate to rocluirc improvemcntts on that road Instead of Grissom Road. Concerning the sidewalk, staff feels dial there is need for sidewalks in the area,however there Is currently a higher priority to establish better pavement conditions in this area than there Is for sidewalk cons"iom Staff recommends that the applicanl construct a standard estate section road on the Trinity Road frontage without sidewalks, and that this variance be granted with the condition that the applicant or any Nwrc owncr will not construct more than 20,000 square feet of floor space on the fir acre lot If the applicant or future owner decided to construct additional buildings or replat the property,the variance would need to be evaluated again. Recommended Mol Ion:(the Planning and Zoning commission troy use the motion rice rr n3ed by staff, rewnuverxl a total%ariance u idi no conditions,recotnrrwttd dial the variance cot ten granted or forrmlate a portal variance of thew oa n u ith t1w same or different conditions) I move that we recommend to the City Council that a partial variance of section 34-114 (5) and full variance o f 34.1 l4(17)be granted fur Hayes Business Park for p:rimeter paving and sidewalks as recommended by staff including the condition as the cost of the full A, ., improvements w ould exceed any reasonable benefit to the property. r`f•' •Pape 2 5. it ` I I i I I I I 1 I 17131/19!! 1102 972220740, ' MM IUILDIW rH0 PAIX HMY BUUINo, 1NC, I ' ocrre7lAt,corrr�+croae ', 84M 14. 811CKUY RD. -as 80X m� W1Nt7A87 LR, T�XA9 763N 10721!l4 Ifll d7U WIN 1 PAX tM71Hl4 b74/ N•YMMn'IdiNlttvla l927LSorptr106 � oeka,Tarp 7!201 !am N7 3410ow fwt or"m WWI 033 bN M wWth wm auto Ord whK ud 4'W t-A "4r tww�4v �!f.k�r of f1 • !1!,110 7911taG tof iP1lCl V0 bn 11 • 117,440 ((2)mow Wol bops 0 f/00 4L - 11,00 l411n Atld4wdlt,�'rAOdiA�?wq 0. • ! 4,764 7411 how fwt of 04 01190 pr li%A • ! of (1)Aogoub 30 AN is wilt , ! 7,001 TOTAL t f U .4046t• 70,497 �St bGW ltao 04 360 OW W of raar trd 4 W*p4v q®25*a b width with&A VA , tfdweYo . , 9 20o rg A dnow pwt��=2A0 rr M.11 • 311,400 76 g. a.oflrll�C7t® OwrBBr.Il, • !11,040 (1)00000 Woo bat �a ■ f 400 761 Ik f1 af41R p�ha3111 A f 1,}{I f dN tfA� TOTAL MIN 14 O"TOTAL h'tiMIa AND 01 l411t1q lai,a�l 67f Gob 4 lV i 1 l• I 6. I f 11 b I- f I i M, 1 1 rra w . 1 tlV r ,.Y ! J y 1.�.Mp�K1yVRM.y �.��' 1' + ry'�A�yr�y�wM1 jM•I WIN�MY�MM1 w4N�I4V M~Irq y we hIY.YlRtiMwwrIA111 r dL Y' n ?WW. r+nr.w 4MrwMVrr.•r rF+MM ' r ' �ylYy� l.IY 1 ♦aNwwr4w.lrrlM tiMlti iYw hr M. I.1• MW Ilw WI r.YM !i �Y.��;�r Y.plrr M 1• N Y l.ye1 If RI � � I1L10 r IG i !� •rw Yfl7�ti1��111'M M.�wr.yMMmY Iy1A�y'�� r • Lam' 21 r.a Y a�1g1HJrLIn -- -..++Y N/F M ilrr.W MM r 4 Ad At RAN IN 1 r .! In r rlri � MAMA rY 01 im, " r1 �r.r wy I - •.+"' "M f "°u�` PAWN ulr Par ���y�,� lurss errsrNess P,utr rii car r. PLLVZ d " a �rrra r i urr r [Yf 01NrAlrM rr rr 0I rYiJrr'•iMMYN_ iL_1'f r y�. � •"�' •''"w o rror yr r r1 i I ,e.7 a Ito q1_ Iq �ien9a h,em EXACTION VARIANCE REQUE6T-""1 STAFF REPORT Sublect: Hayes Business Park Case Number:V-99-013 Iteg: Dale Hosting kgQ.ida Date: August 11, 1999 VARIANCE RLOVEST Greg Hayes is requesting an exaction variance from Section 34.124(d)(2) of the City of Denton's Subdivision end Land Development Pegulations concerning off-site drainage facilities and Improvements and discharge of storm water onto adjacent properties, (see Location Map). CODE .CITATION The following sections of Chapter 34 are applicable to this specific request and ere provided for your review: Section 34.124(d)(2)-Off-site drainage: Off-so'!v drainage facilities and Improvements shall be provided by the development whenever additional stormwafer runoff from the development would adversely affect any off-site property or would overload an existing drainage fecilky, whether natural or manmade, Where storm water runoff from three (3) or more acres has been collected or concontraied to one (f)point, it shall not be discharged onto adjacent properfles, except Into existing creeks, channels or storm drains, unless drainage or flowage easements I are obtained for those properties. If the developer cannot obtain the necessary easements to make required off site drainage Improvements, upon the request of the developer after compliance with the provlslons of this Code, the city may bring condemnation proceedings to obtain the off-site drainage easements. Criteria for varlances fr�m developmentgysctiona• j Where the commission rinds that the Imposition of any development exaction pursuant to these regulatons exceeds any reasonable benefit to the property owner or is so excessive as to constitute contscefion of the tract to be planed, if may recommend approval of variances to waive such exactions, so as to prevent such excess, to the city council. Watler of developmental exactions shall be approved by the city council, CASE FACTS r fA, The proposed final plat for Hayes Business Park Is approximately 6 acres, Drainage from the majority of the 6-acre tract drains south onto the adjacent property and eventually flows through j the culverts under McKinney Avenue. A drainage study has been submihed that documents the 1 existing and proposed flow from the 6-acre tract. If the entire 6 acres Is developed, storm water flow for a 100-year storm event Increases from 1110.9. under existing conditions to 39 aLs, based „ I s. � e f I 1i 1 I V-99-013 Staff Report *. Page I on fully developed conditions. However, the applicant Is only planning to build 20,000 square feet of building area and 15 parking spaces at this time. Under this scenario the 100-year storm water discharge Increases from 11 O.s. under existing conditions to 15 c.f.s. Application of the subdivision rules requires that the City to assess the provisions of the ordinance assuming the entire 5 acres is being developed at the time of final plat Issuance. Using this approach, the development would be required to address the Issue of increased runoff. Any Increase In runoff from a development three (3) or more acres shall not be discharged onto adjacent property unless one of the following Is proposed; draln%.9 or flowage easements are obtained for these properties and off-site drainage Improvements are made, a letter of permission Is obtained from the property owner accepting the Increase in flow, or detention of runoff to limit flow to existing conditions Is provided. If the City evaluates this property using only the proposed Improvements at this time, appcoxlmately one acre Is being developed, If only one acre was belrg platted and developed, the provisions of this ordinance would not apply. The applicant has staled that the cost of drainage Improvements assoclateJ with one acre of improvements exceeds any reasonable benefit to the property owner. The property owner is willing to dedicate a drainage easement along the south property line and along half of the east property line. The easement would facilitate construction of drainage at the time additional area of Hayes Business Park Is developed or the development of the property to the south requires drainage Improvements to handle flow from Hayes Business Park. The owner Is willing to comply with the City of Denton subdivision regulations regarding off-site drainage when any future expansion or new construction of a building, parking lot, etc. Is proposed. Drainage Improvements or a letter of permission from the adjacent property owner would be required at that time. This property Is In Denton County. Once the City of Denton approves the final plat, the County will handle any building permit activity. Unless this area Is annexed, City staff will not have the opportunity to require compliance. If the annexation occurs prior to additional building, the City would issue the permit and have the ability to force compliance with the ordinance, FINDINGS Uar;, 1. Increased discharge of drainage from the 5-acre development onto the property to the south will occur. If only the area occupied by the proposed building, parking lot, and driveway Is considered the increase In flow above existing conditions Is only 5 c.f.s. This Increase In now would be disregarded In the case where development is less than 3 acres. 2. The property owner is willing to dedicate a drainage easement along the south property line and along half of the east property tine, The easement would facilitate construction of drainage at the time additional area of Hayes Business Park is developed or the development of the property to the south requires drainage improvements to handle now from Hayes Business Park, I 9, c 1'•99.013 Staff Report Page 3 3. The owner is willing to comply with the City of Denton subdivision regulations regarding off-site drainage when any future expansion or new construction of a building, parking lot, etc. Is proposed. 4. Construction of off-site drainage to accommodate the runoff would require some type of drainage facility, structure, channel or swale from this property to McKinney(approximal3ty 600 feet. The cost to construct these drainage Improvements to accommodate a small Increase In flow Is not warranted. Again, please refer to the 3 acre or less provision. However,additional development would require compliance with the ordinance, RECOMMENDATION..: ' ,' `'"` ' r. . Staff recommends approval of a variance from Section 34.124(d)(2) City of Denton's Subdivision and Land Development Regulations, concerning off-site drainage facilities and improvements and discharge of storm water onto adjacent properties with the following conditions; 11 The applicant or any future owner will not construct more than 20,000 square feet of floor space and 15 parking spaces on the five-acre lot. If the applicant or future owner decides to construct additional buildings, parking spaces, etc. or rapist the property, the variance shall be reevaluated again and ell applicable City of Denton Subdivislan Regulations regarding drainage would be enforced. Language shall be added to the final plat that stating these conditions. MOTION ` I move that we recommend to the City Council our approval of variance request V-99-010, a exaction variance from Section 34.124(d)(2) City of Denton's Subdivision and Land Development Regulations concerning off-site drainage facilities and Improvements and discharge of storm water onto adjacent properties and subject to the following conditions: 1. The applicant or any future owner will not construct more than 20,000 square feet of Boor space and 15 parking :tpacas on the five-acre lot. If the applicant or future owner decldes to i construct additional buildings, parking Spaces, etc. or replat the property, the variance shall be reevaluated again and all applicable City of Denton Subdivision Regulations regarding drainage would be enforced. Language shall be added to the final plat that stating these conditions. ALTERNATIVES 1. Approve the variance with recommended or otherladditional conditions; ( t`- 2. Approve the variance without conditions; 3. Deny the variance; 4. Postpone consideration of variance to a date certain with a request for additlonai information; or 6. Table the variance. h 30. C . u f V-99-Oi3 Start Report Post 4 4` i 1. Site Map, 2. Site Plan. 3. Final Plat of the Addition. I I w I 2I, 1 I r, I I I AGENDA INFORNIAT10N SIIEET ��Nom '035 a 0 Ro Date AGENDA DATE: August 17, 1999 DEPARTMENTt Planning Department ACM: David Hill 349.8314 SUBJECT — Exaction Variance (V•99-007) Consider approval of exaction variances from Sections 34.114(17)b and 34.114 (S)b, concerning improvements to existing perimeter streets and construction of sidewalks,of the Subdivision and Land Development Regulations for Lots I and 2, Block 1 of the Campus Housing Addition. The 19.33 acre subdivision is located on the north side of Meadow Street and south side or Inman Street. The Planning and Zoning Commission recommends approval (4.3), (V•99.007,Campus Housing Addition, Wayne Rced) BACKGROUND The applicant has requested a total of two (2) variances based on a reasonable relationship between the requirements or the Code of Ordinances and the type of development. In determining whether or not to approve exaction variances concerning the Campus Housing Addition, City Council must determine if the imposition or any development exaction pursuant to the City's Subdivision and Land Development regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, Thy following paragraphs summarize the staff recommendations and reasoning for each variance request, Additional information is provided in the attached Planning and Zoning Commission staff reports. I. E.raction I arlance from Section 34.114(17 concerning sidewalks Regtrrsr: The applicant has requested a variance from having to construct a sidewalk along the perimeter of the site on Inman Street(see Attachment 1), Reuvirentent: The cited section requires a four (4) foot wide sidewalk along all road rrontages. Rcrommendatton,/Reatomin y; The Planning and Zoning Commission recommends a variance from the required sidewalk improvements along Inman Street for the proposed development The cost for installing a sidewalk along this existing street to city standards would cost the developer approximately 57,800. Three (3) single-family homes take direct access onto Inman Street, which is a dead end street (sce Attachment S); the proposed apartment complex will not take direct access onto this public street. Thus, the development will generate little, if any, pedestrian traffic along the road. However, it will construct sidewalks along Meadow Street, which will be adequate and necessary to wme the development. 2. lixacrlon Varlanre from Section 14.114(5) concerning perlmelee paving 'r' A Request; The applicant has requested a variance from making perimeter paving improvements along Inman Street (see Attachment 1). The street is currently substandard without curb and gutter (see Attachment S). The cost of the required paving improvements along this existing street would cost the deveioprr approximately 539,000. i. t t Regulations require that any development that is on the perimeter of an unimproved perimeter street to dedicate the right-ofway and impro,na or reconstruct the street to the same extent as required for new perimeter streets,unless the perimeter street has already been partially improved, in which case the development shall dedicate the additional right-of•way and make additional street improvements necessary to complete the perimeter street to the classification required, An "unimproved perimeter" street is defined as one that does not have curb and gutter or which does not substantially comply with the street design specifications or requirements of Chapter 34 of the Code of Ordinances. grcmmendarton/Reasoniu: The Planning and Zoning Commission recommends a complete variance from the required perimeter paving improvements to Inman Street for the proposed development. This Is based on the understanding that the proposed development will not take direst access onto Inman Street. Again, this road is a dead end street with only three (3) single- family homes taking direct access onto it (see Attachment S). Thus, the development will have little, if any impact on the road compared to if there was direct access. The developer's proposal is reasonable. Traffic generated by this development will impact other local streets, including Meadow Street, which it will lake direct access onto, Daugherty Street, and Myrtle Street. As a result, the dcveloper is making perimeter pavement improvements, including curb and gutter, to the portions of Meadow Street that are directly adjacent to the property and off-site pavement improvements to other parts of Meadow Street as well as Daugherty Street and Myrtle Street (see Attachment 3, "Public Improvements"). If the variance Is granted, the Planning and 7Aning Commission reco nmends a conditlon be attached. Specifically, the variances should be contingent upon no access being taken to Inman Street from the Campus Housing Addition. PRIOR ACTION/REVIEW(Council.Boards.CommigslanO The following is a chronology of V•99-W7: Application Date- May 12, 1999 P&7, Date - July 14, 1999 City Council Date- August 17, 1999 Rt CO11b1ENDATION The Planning and Zoning Commission recommended approval (4-3. Salty Riehel, Elizabeth Gourdie, and Jim E'ngelbrecht oppostd) of both variances on July 14, 1999, seeing that the cost of the standard sidewalk and road improvements would exceed any reasonable benefit to the property owner (see Attachment 4)with the following condition: r t ' No nrress be taken to Inman Srrea front Me Campus Jfotasing Addition f A, ti , min c (3 FISCAL INFORMAnt)N p If the variances are approved as requested,the City would be responsible for thr,total cost of any sidewalk and street Improvements on Inman Strect, (There are no funds set aside in the C,1,P. for this road.) A complete variance for the sidewalk will result in no sidewalk along this side of the public street. Likewise, a complete variance for the perimeter paving will result In no street improvements en Inman Street. ATTACHMENTS Hb_ ENTS I. Replan ?, Planning and Zoning Commission Variance Staff Report,July 14, 1999,V-99-007 3. Planning and Zoning Commission Preliminary Plat Staff Report,July 14, 1999, V-99-007 4, Planning and Zoning Commission minutes from July 14, 1999 S. Photographs Res9ectrully submitted(; N? (, r Mark Donaldson Assistant Director of Planning and Development Prepared by; ayne cod Planne 11 s I 3. ( w ATTACHMENT 1 1 I I n Main �k 5 e,P,+ cl'we 11'ti i t � � • • 1 � � • 3 � k G I ATTP.CNMENT 2 AW40 NO Memo � � �� _ -- To: Planning and Zoning Commission From: David Salmon,P.E,Engineering Administrator Date: OV07/99 Re: Perimeter Paving and Sidewalk Variances for Campus Student Houshig Addition Miguel Arce, developer of Campus Student Housing Addition located north of 1.35 East at Meadow Street has applied for a variance of section 34.114, (S) and (17) of the Code of Ordinances concerning perimeter paving and sidewalk and applying to the Inman Stre.+t frontage only. The subject sections of th^ ordinance require thal all streets adjacent to the subdivision on it's perimeter be reconstruct 3 to City of Denton standards including curb and gutter and that sidewalks be installed along those streets. The applicant proposes that all streets adjacent to the development are to be constructed to City of Denton standards and that sidewalk is constructed as well except for Inman Street. The applicant proposes no improvements to Inman Street The applicant bases the reason for the variance request on the frost of the required improvements considering they plan to take no access to Inman Street. The Commission may recommend that this exaction variance be approved by the City Council if the folio' dng criterion is met. (b) Criteria for variances from development exaction's. Where the commission finds that the imps Ation of any development exaction pursuant to these regulations exceeds arty reasonable benefit to the property owner or is to excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive ouch exaction's,so as to prevent swh excess,to the City Council. Waiver of developmental exactions shall be approved by the City Council. Staff agrees that without direct access,the proposed development will have little or no impact or Inman Street, especially as it is not a through street.The cost of constructing Liman Street to City standards would be approximately$39,000 and the sidewalk along that frontage would coat approximately$7,800 for a total of S46,800.Staff rc ornmends the variance as proposed f b) the applicant with the condition that no access is taken to Liman Street. ' S, c c� Recommended Motion: I I move that we roeommend to the City tyouncil that variubm of sections 34.114(S)►nd(17) be granted for Campus Student Housing Addition for hum Stred as pro:mW by dw applicant and recommended by staff with the condition that no access be taken to Inman Street as the cost of tecons wag Inman Street to City of Denton standards and constructing sidewalks across the frontage would exceed any misonable benefit to the property. i i I I I a Pape 7 6. I I G Ci �II 1 ,• � JII NORTH V-99-007 (CAMPUS HOUSING ADDITION) I a' t' � - 1 LOCATION MAP 1 1 Agande Bake: July 14, 1899 Solo. None 7. i Jj . i t< I f 1 /J1f E • i is• H I r a m IIIII u ' .,.�.. r.w v ruw •. iEF T t/ • t 1 w � • I • NON //►MII 81 c 1 J 1 ter. ATTACHMENT 3 AOMId1N0 PLANNING AND ZONING COMMISSION T - STAFF REPORT Subleet: Campus Housing Addition Case Nurnhq r: PFR-99-031 Ma: Wayne Reed, Planner II Agenda Date: July 14, IM ACTION: Hold a public hearing and consider approval of the preliminary plat of Lots 1 and 2, Block 1, of the Campus Housing Addition,being a replat of Lots 1 and 5.26 of the Inman Subdivision and 11.91 acres of unplatted land. QUReOSE AND APPLICABILITY: A prelim/nary plat Is Intended to provide sufficient information to evaluate and review the general design of a development to Insure compliance with the master plans and the requirements of the City's Subdivision and Land Development Regulations. Where a general development plan Is required, the preliminary plat shall substantially conform to the approved development plan. PROCEDURE: The Planning and Zoning Commission is the municipal authority responsible for approving plats according to Section 34-5(a) of the Code of Ordinances. If a plat or replat meets all subdivision and land development regulations and Is not requesting any variances, the Commission shall approve the plat according to Section 212.005 of the Texas Local Government Code. A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat 9 the replat: 1) 13 signed and acknowtedged by only the owners of the property being platted; 2) Is approved, after a public hearing on the matter at which parties In interest and citizens have an opportunity to be heard, by the municipal authority responsible for approving plats; and 3) does not attempt to amend or remove any covenants or restrictions. w The proposed replat meets all of these requirements. BACKGROUND: This property is In a conditioned Multi-family 1 (MF•1)zoning distrkt. ! / . f � I'I RY9 0.1!h/,Sr«f1 Rrynn.Art 9. i SUMMARY: The subject property is located on the north side of Meadows Street and south side of Inman Street. The purpose of the plat Is to develop a 384 apartment complex. The following Is a breakdown of the plat: j Campus Housing Addition Preliminary Plat Acreage 19.33 Residential Lots 2 Nonresidential Lots 0 Open Space Lots 0 Total Lots 2 PUBLIC IMPROVEMENTS: Public Improvements required to supportthe proposed development Include: 1. Right of way dedication on Meadows Street 2, Perimeter paving, Including sub and gutter,on Meadows Street along the entire frontage, 3. Perimeter paving on Inman Street 4. Off-site paving participation on Meadows Street, Daugherty Street,and Myrtle Street. 5. Sidewalks along all street frontages. 8. Water and sewer line extensions. 7. Off-si!s drainage Improvements. S. Contribution toward Improvement of downstream drainage facilities, 9. Installation of fire hydrants. 10. Dedication of public utility easements. The developer has requested variances from the requirement to Install sidewalks on Inman Street and making paving Improvement; to Inman Street. Thus, if the variances are approved,the developer would not be required to make these Improvements. In addition the development will contribute to the development of public park lands. RECOMMENDATION; The plat conforms to the minlmum requirements of the Subdivision and Land Development Regulations, except for the request for variances from Section 34.114(5) and (17) of Chapter 34 of the Code of Ordinances, concerning sidewalks and perimeter streets , The Development Review Committee recommends approval. SUGGESTED MOTION: I move to approve the preliminary plat of Lots 1.2, Block 1, of the Campus Housing Addition, being a replat of Lots 1 and 6.28 of the Inman Subdivision, contingent upon ' approval of the variances by the City Council. r / /.- ENCLOSURES: 1, Location Map 2, Preliminary Plat III?M 0.11 nt reip R'yaM eM I0. G Cs ENCLOSURE 1 PFR-99-031 (CAMPUS HOUSING ADDITION) NOR'T'H mai - oil - LOCATION MAP Agenda Date: July 14. 1999 scales None 11. II' ENCLOSURE 2 - ._*M- ! Ile .Z pa XE Nab �! i= -- _S+= t� � • �. '9�f ' X11 i "� ,. lilllfl I Ij -0f !iC i I 306W ..,.. �� C ` J�I ICI III • 12 . t r 1 I Planning and Zoning Commission Mini tae July 14, 1999 r ti Page 3 of 5 ATTACHMENT 4 b. Consider approval of the final plat of,Lots 1.6, Block A and 1.14,Block B of the Lealle Oaks Addition, Phase 11. The property is zoned Single-Family 7(SF-7). The proposed use Is for twenty(20)single-family residential lots. (FP-99-040, Lestle Oaks Addition, Kathryn N!Is"n) Motion by Susan Apple and seconded by Carol Ann Ganzer to approve minutes, 'Olscusslon of Item is Included in Court Reporter's transcript attached to this set of minutes (Page 60). Motion carries 6.1. Elizabeth Gourdie opposed. ELIQLIC HEARING —REPLAT 9. Campus Housing Addition. This 19.33 acre property Is located between Meadow Street and Inman Street,north of 1-35. The property site is In a Conditioned Multl•family dwelling-1 (MF-1(c))zoning district. a. Consider approval of a hardshiplexaction variance from the Code of Ordinances 34- 114(5)(b) concerning perimeter poving and 34-114(17)(b) concerning sidewalks.(V-99- 007, Davld Salmon) Motlon by Carol Ann Ganzer and seconded by Susan Apple to approve. 'Discussion of item Is Included in Court Reporter's transcript attached to this set of minutes (Page 63). Mlctio carries 4-3. Jim Engeltxecht. Salty Rishel and Elizabeth Gourd opposed. b. Hold a public hearing and consider approval of the preliminary plot of tots 1 and 2, Block 1 of the Campus Housing Addition, being a replat of lots 1 and 6 thru 16 of the Inman Subdivision and 11.91 acres of unplatted land. The purpose of the plat is for the development of studant housing. (PR-99-0a1, Campus Housing Addition,Wayne Reed) Motion by Carol Ann Ganzer and seconded by Rudy Moreno to approve. 'Discussion of Item Is Included In Court Reporter's transcript attached to this set of minutes (Page 69). Motion carries 7.0. PUBLIC HEARING —ZONING CHANGE 10. Hold a public hearing and consider making a recommendation to City Councti regarding a proposed concept plan for a Planned Development(PD)zoning district enoomposeing 2,745.51 acres. The property is generally located at the southwestern extraterritorial Jurisdiction boundaries of the City of Denton,Texas and northeastern extraterritorial Jurisdiction of the Town of Northlake, Texas, between 1.36W and Florence Road, and between Crawford and Lively. The requested rezoning is for a Planned Development zone district with approximately 1,926.1 moms of resldentiat,31,1 acres of neighborhood services, 662 acres of outdoor recreation and 14.1 acres of community service with 95.7 f A,- ti c acres of streets, ROW and parking. The developer is requesting a Planned Development (PD)zoning district classification for a master-planned resort retirement community. (2- 99.044 Robson Ranch, Larry Reichhort) 13. b I` I ` I I i r ' y � Y condootleltnr Page 61 Page 63 I Willowwood and the proposal is for 20 single-family t to close Session as allowed by law, j r 2 lots. Public improvements include construction of 2 Agenda Item 9 is In two parts. 1 will 3 internal streets,construction of sidewalks along all S now op i the public hearing portion sad Mr.Salmon will 4 public strolls,and storm water drainage improvements 1 4 provide us with the std(report. 3 considering the variance,the hardship variance that was 3 w SALMON: Thank you.Chair,members of 6 just passed. 6 the Coctmission. I lieBeve we are all fam'liar with what T MR.ENOELBRean: oommissionero,questions 7 the regulations require. Just to orient you very 1 for staff? Ms.Nilssen,are there any variations from s quickly,we have got a draft site plan of the campus 9 The Subdivision Regulations and Standards other than 9 student bousing division. You have got the 1.33 cast to what we've addressed with this variance? 10 down b=on the-•1 goes it would be south Meadow 11 MR.NILSSEN: No,sir. It does conform to I I Street tat comes off the service road and then sort of 12 the subdivision regulations. 12 wisps hound the side the development and then continues 13 MR. ENOELBRECHT: Thank you. Are there any I3 north up to Daugherty Street. At issue this evening is 14 other questions for staff,comments or a motion? 14 Inman Street which IS a dead-cod street that=a along L5 Ms.APPLE. I'll move to approve the final is the back side of the property and deadinds about 16 plat of the Leslie Oaks Addition,Phase II. 16 two-tMrds of the way across the pro". 11 MS,CANIER: Second. 17 The owners have applied for the variance. 1 S MR.ENosl.BRE w: it's been moved and 11 They ore proposing to meet All of our City standards in 19 scoonded to approve. Any discussion? All in favor t9 terms cd sidewalks and perimeter paving oa Meadow Street 20 raise your right hand, Apposed aaroe sign x and pbn to make dgniticant off-site street 21 MS.e10URDIS: opposed. 21 improvements on the north aide going up Meadow Stmt 22 W. ENOELBRECRT: Motion carries six to one. 22 and dais Daugherty and Myrtle and Same of these stints 23 And looking at the hour,at No time we 23 up in that are. But they would choose not to have to 24 will take our 30-minute break and adjourn to the work 24 mlm impmvcrmU to Inman Street They feel slat the 2s session room where we will receive a briefing regarding 3S way they've got their site plan orkntad with all the Page 62 Pap 64 1 some aspects or the draft Denton Plan. t sonar coming on the front side on Meadow Stmt toward 2 (oFNNER BAFAK TAKEN) 2 1.33 that they won't be adding any additional traffic to 3 Ma.ENOFLBRECarr: Commissioner%l will 3 Inman Stmt 'bat makes this on exaction variance 4 reconvene the session and we will move on to the public 4 which is one that you'll be making a recommendation oa S hearing port ion or the mortin8. And U I can have 3 this event to the City Council. 6 someone put the overhead up,we will review our 6 In this caao staff specs with the 7 procedures for public hearing. First,the Chair will 7 A pUcmt. lamon Stmt is a doud-end stmt,so we 1 open the public bearing,the staff will give us a report 1 would not anticipate any traffic from this particular 9 and snake a rcoommendation, Following that,the 9 development laving any particular use for Inman Stmt, 10 petitioner will be granted fora minutes to speak with 10 especially being that they don't propose any access to I i regard to the petition. And at slat time,number four, 11 IL it will save the developa in the neighborhood of 12 persns in favor of the petition will be each granted 12 about 546,000.00 that we feel probably would not be 13 rive minutes to speak. Followiryt that,persons in 13 motley put to good use. We've gives you a recommended 14 opposition to the petition will be granted five minutes 14 motion this evening that covers both the perimeter 15 to speak each. And at that time the pctitlorta will be I s paving and the Sidewalk variance. You can break that up l6 allowed lima to speak In rebuttal, And at that point,l l6 if you'd like, At any rate,we're rawfa MreOdmg both 17 will close the public hearing. The staff will present 17 vartaoees. I I any final remarks they may have. And the Commissioners 11 Mk BNOBt9RBdr5 Commi sli ners,any 19 wW then discuss the petition and make their dreialon. 19 questions fa stafl7 Ttaek you. Is the ptsltlonr. or 20 Any speaker may be allowed s"ticnal time 20 petitiota's lepteaentative pre"t? No petidooa's 21 to Speak by it vote of three members of the Comntlssion. 31 representative present. Okay. In that cos,It than 72 We would ask each speaker to concern hire of herself with 22 anyone present who would hike To Speak is favor of this 23 presenting new Information Bet ghee by previous 23 petition? Anyone present to speak In favor of the 24 speakers. Commissioners may at anytime ask questions of 24 petition? Anyone present to Spain Is oppeaidoe to the 23 anyone and call on 11K staff at say time and may 4eur petition? Anyone present to Speak 10 np Wtioa? PLANNING& ZONING JULY 14, 1999 14. Page 61 • PW 64 Conde6seIt"t _ Page 65 Page 67 I Seeing no opposition,rebuttal is waived. Public I being right there,the only road that's ruIly on the t hearing is closed. 2 Mobility Plan,of cause,is 1.35 and then tberds a 7 Commisstonere.any final questions for Mr;, 3 collector dred a tittle bl•— 4 Salmon? 1 have one if I might. Tbere Is no vehicular 4 M&RISHEU what Is that street? 3 access to Inman Street and I couldn't remember,is there S MR SALMON: well,right now that's not■ 6 a fence all the way along the property between,do yet, 6 strut there,but owe Is a proposed collector that 7 know,between Inman and this so that there would be no 7 rust north and south a little bit to the east of this a pedestrian access,potential pedestrian seams,or do we S property that would hook in with Allegro Viso,which Is 9 know? 9 a street that Intersects with Dehisce Drive to create an i 10 MR DONALDSON: I believe there wta a to alternative road between Dallas Drive aced 1.35 so that I 1 condition of the inning that a masonry rcom be built t I people wouldn't have to use Teasley. But we slow oo 12 around the residential un%but not necessarily along 12 street or,at least,no planned collector street 13 the right-of-way. But 1 think they planned on doing a 13 connecting in an eaNweat direction, Now,that's not 14 wooden fence thine. It would be required to do■ 14 to say that as property develops and subdivides in the IS landscaped buffer yard which could include a wooden 15 Area that someone couldn't propose to extend Inman at a id fence betmm any muld•family and any other use . 16 later date and hook it In with this proposed collector 17 MR mEI.B RECHT.- okay. 1 guess my question 11 street is I%is them any problem with the way this is worded 16 Mx RISHEI: And that's—in ties my 19 given that it says there would be no access to Inman? 19 concern is the fad that the teat of that develops out 20 Art we in any kind of trouble thee? 20 and then we have somewhere what you could go to on 21 MR.ibNALnSON: Thee Certainly wouldn't be 21 Inman Street and wt:haven't provided 0dewalks for 22 a.ry formal access. Informal could develop over time,I 32 people In that development to be able to get there 23 would imagine. 23 because we didn't have the foralght to took at it 24 MR. ENGELBREMt By formal, I guaa format 24 critically and say eventually this may open up. Mm* 25 pedestrian would mean there was no sidewalk built out to 23 you. Page 66 Page 60 I the road? I MR.ENGELBREcHT: Any other questions for 2 MR.DONALDSON: Right,yeah. 7 staff? Me.Groner. 3 MR, ENOELwcn: Okay. I guess if••there 3 MS.OANztx rd like to make a motion. 1 4 could be informal traffic,4s well. Any other 4 move that we recommend to the City Council that S questions? S variances of Section 34.114(5)and(17)be graaxd for 6 MR.RISHELt Yee, a question please. Inman, 6 campus arodent housing addition for Inman Street as 7 you say,dead-ends at this point In time. Is there•• 1 7 proposed by the opplicant and recommended V staff with 6 mean,obviously,at some future point in time the rent S the condition that no scons be taken to Inman Street u 9 of this area may be developed,also, If you can develop 9 the cat of reconstructing Inm-- " -et to the City of 10 this pica of property,I guess you could develop almost 10 Denton standards and comstrtuc. ,,,evniks across the 11 anything. And l fully believe that we have set a I I frontage would exceed any reaaor.oie benefit to the 12 precedent previously in having sidewalks that go from a 12 property. I3 place to a place and,obviously, if we put a sidewalk in 11 Ms.APPLE second 14 here,it wouldn't be going anywhere. And we've made 14 t tR metitaEClrr We been moved and I5 that mistake before where we've allowed things not to i3 wended to recommend approval. Any discussion on the 16 put in sidewalks and all of it sudden the next piece of 16 motion? Duet want to soy I'm got%to vote against 11 property is being dcvcicpcd and we're thinking back to 37 We motion. I do wish we had im understanding of , 11 ourselves,well,wr,really wish we would have put that I t what Inman will do in the future. tf we build sort 19 sidewalk In. What Is the future for Inman Stmt as we 19 units like this further south and they exit on the other f r' 20 see It on our Mobility Plan,Mr.Salmon? 20 aide,on the north aide-•I gums we'd be building them 2I MR.sALMom Inman Street Is it local Street 21 further cast tad they exit on the north aide,Inman 22 so it isn't specifkally addressed on our Mobility Plan. 22 could become quite trafficked and I have a txuoarn abed U in fact,on our Mobility Plan with the proposed 23 that for the future. Any other discussion? All in N development being in approximately-•actually there it 24 favor of the motion ralae your right land Opposed sale u is. It's right in that area. With the development 1+4 sign. PLANNING do 70NINO JULY 14, IM 15. PBge 63 -Page 68 t •• 4,^,oadentieitr" Page 69 Page 71 I MS.OOUMM opposed. I favor of the motion raise your right hand. Opp"A termer I 2 MR.RISHEL opposed. 2 stgn. Motion carries umrtlmaaly, 'thank you,Mr. Reed 1 bin ExoEtBRECtm opposed. 2 Item 10 is to hold a pubtle hearing and 4 Motion carries four to throe. 4 consider tasking a mcomrmidatioo to the City Council s Tbat moves us to Item 9B,Mid s public S regarding a proposed woeept plan for It PD Moles 6 hewing and consider approval of the preliminary plat of 6 district encompassing 2,745.5 acrd. 7be property is 7 Lots 1 and 2,Block l of the Campus Houstng,being a 7 generally located at the routhwestem extraterritorial n-plat of Lots 1 and S through 16 of the trunan a Jurisdiction boundaries of the City of Dmtoo and the 9 Subdivision and 11.9 acrd of unplatted land. The 9 northeastern txtiatertitorial Jurisdiction of the Town 10 purpose of the plat is for the development of student 10 of Northlske between 1.35W and Florence Road and between I l lowing. At this time I'll open this public haring, I t Crawford and Lively Roads, If Mr.Reed will pmv de us the staff report 12 The requested roxoning Is for a Planned 17 ML REED: food evating,Chairman I2 Development Crone district with approximately 1,926.1 14 Engelbrecht and fellow Comml Woners. lie plat before 14 acres of residential,17 acres of neighborhood services, IS you tonight is the same u the variance which you Just 15 666 acres of outdoor recreation,god 14 acres of 16 considered. This Is for a multi-family dcvclopn"t. 16 community services with 95,7 acre or streets, 17 It's located on Meadow Street Just north of MS and 17 rlyhtwf-way,and parking. 71e developer Is roqueating I I east of the new Home Depot site, It does conform to our 11 a Planned Development district classification for a 19 Subdivision Regulations minus the request fa the 19 master-planned resort retirement community. At this 20 variance, So your consideration of the plat here 20 time I'll open the public haring. Mr.ReicNiam 21 tonight is,based upon City Council's action,your 21 Mn AMCHROTi ?bank you. As you'll 22 motion is to approve this, So since it does meet our 22 recall,the June 23rd Manning and Zoning meeting the 2J Subdivision Regulations minus that vatianro,staff does 23 applicant made a presentation and staff made a 24 recommend approval. I'd be happy to answer any 24 presentation. At that time them were a number of 25 questions. 23 outstanding Isla that still needed to be resolved and Page 70 Page 72 1 MR, EMaELERECH7: Any questions for I& 1 that applieat30 was continued to td lyht's mating. At 1 Rood? May. Thank you. And now you say theta's no 2 this time there anti still a Rumba of Issues to be 3 petitioner present•-petitioner or petitioner's 3 resolved,although we've whittled It down SubAantlally 4 representative pmmt7 4 through the enure of meetings acct communications S MR. REED: No. S be vemn the applicant and different departments in the 6 Mn ENOELBRECHT. okay. is there anyone 6 City. Staff ID mcornmenditag that we continue this,open 7 present who would like to speak In fn or of this 7 the public Loring as we have and continue this I petition? Anyone present to speak in favor of the I application to our next mount. At the same time the 9 petition? In that car,anyone present to speak in 9 applicant has also requested that this be continued 10 opposition to the petltioa7 Anyone present to speak in t0 again for another two wracks to give staff and the I I opposNon7 Sodng no opposition,rebuttal is waived. l I applicant time to Ilnalin the Mal details with this 12 Public hearitup is closed. Mr. Reed,any final commeets7 12 complex application. 1 an setrAw any questions if 13 MR,REED: No. 13 there are any. 14 MR.ExaELRAMM conunissioncrs,questioos, 14 Matt Iu6Hm Are there any elements that 15 a motion? Ms. (lamer. I S they're hooking at that we can help live you guidance 16 MS aANUR: rd like to mske a motion. I 16 007 17 move to approve the preliminary plat of" I and 2, 17 hen R6lcww T: 1 don't think so at this t'i 1 Block I of Ilk Campus llowlng Addition,being a replat 11 point One of the mars critical elements Is that they A + t 9 or lots 1 rid S tt rotgth 26(si c)of the Inman 19 have asked for a few varlo nxs from our Subdivision !' 20 SubdivWon contingent upon approval of the variances by 20 Regulations,which we typically don't mart at a oonoept 21 the City Council. 21 ••basically at the mohig stop and ttaff is having a 21 MR.MOMO. I'll socoa 22 little trouble vinallZU4 grandee any vnianoes flat 2J MR.ENMARECHT: R's been moved and 21 would last for It ptgdd the might be g0btg for 10 24 ttccondod to approve based on— subject to the approval 24 )ran, 23 of the valance by City Council. Discussion? All In So it's Ju d a mattes of how we ward,how we PLANNING &ZON MO JULY 14a 1999 16 Pme 69•Pw 72 ATTACHMENT 5 V-99 - 007 (CAMPUS HOUSING ADDITION) PHOTOS i � 4 l { �Akk%VAAAM�V, r i r ' r r+•4 J .; J ../ T t i takA The above photograph Is a view looking east from Meadow Street down Inman Street, There are three (3) single-family dwellings currently located on this public street,which Is a deed on(; The below photograph Is a view of the lnlersection of Inman Street and Mesdow Street. There are no sidewalks and the paving Is substandard. The proposed develop-iient would be responsible for sidewalks and paving Improvements on its side of the street.,not the entire width of the road as Is the standard, r a a• •r K I f — — 17• S M AGENDA INFORMATION SHEET AOW&No, -OAS ,%W*Nam Oat1 �-t7-��t AGENDA DATEt August 17, 1999 DEPARTNIFNTt Planning & Development ACM, David Hill, 349-8314 SUBJECT r Consider and take action on appeal of Irwin Realty Group, thj owners and developers of a proposed multifamily project to be located generally at the corner of Ryan Road and Teasley Lane within the City of Denton, 'Texas, for an exception to be relieved of the provisions of Resolution No. R-22-022, as amended,which places a moratorium on multi-family housing. BACKGROUND Irwir, Realty Group, of Denton, Texas,has submitted the attached request for an exception to the multi-family development moratorium that has suspended the processing of a plat application for property within a planned development zoning district that includes an area zoned for multifamily residential development. A plat must be approved and recorded prior to selling property within the city or its EU Prior to any actual development, a detail plan must be approved to complete the zoning process within a planned development zoning district. OPTIONS Council options include approval, postponement, or denial of the request for exception. If approved, the applicant will be allowed to proceed through the platting process, which will eventually culminate with Planning and zoning Commission action. If denied, the maximum delay caused by the multi- family moratorium would extend to September 29, 1999. RECOMMENDATION Staff recommends approval of the exception request. The application indicates that the property will be developed as a conventional apartment community and will not lease on a per bedroom basis. LSTINIATED SCIIEDULE OP PROlE If the appeal or exception request is approved, the plat application review process may proceed. The plat will be scheduled for Planning and zoning Commission approval upon completion of review by the Devclopment Review Committee if the exception is granted. ' t, P13I9$ACTION (REVIFUlCoopcil.Boards,Commlasions) This is the first request for relief from the multi-family residential mormorium related to tht,property. 1 . G f ii FISCAL 1NFORMATI. None cite ATTACHMENTS 1. Irwin Realty Group, Exception Request 2. Location Map Respectfu y su itted: j Ar MP Mark Wnaldwm Assistant Direetor. Planning and Development i i � A 2. i u c. ruin Realty. Grou � Muhhlamlir Cs fbmmddai Maaa=emm ttasinj•Sala i August 3, 1999 I City of Denton RE: Permission for an exception to Plata 14-acre tract of land on the corner of Ryan Road and Teasley Lane We are asking for an exception to ordinuice R9M2 which is a Mo.Vorium on Multi-Family Development We would like to plat the entire 14-acre tract. The property has 4 acres raned commercial end 10 acres zoned for multi-family. The multi-family will be developed as a conventional apartment community and will not be leased or a per t edroom lease, Each unit will be leased per unit and will likely have a wide variety r,fresidents live in the community. Please respond In writing if the exception to the ordinance will be granted. Attached Is a legal description and survey of the subject property. Sincerely, Cr kil[rwin Irvin Realty Group I T ' I I 3. 52S S.Cariotl Blvd. Suite t00 Denton.TX 76201 • (940)$66-0012 • FAX(940) $65.9990 C' FIRST AMERICAN TI'T'LE INSURANCE COMPANY 98808415 a Exhibit A OF-Number 98R0B415 BEING a tract of land situated in the City of Denton, Denton County, Texas out of the Eli Pickett Survey, Abstract No. 1018 and being part of a 31.027 acre described tract of land conveyed to Golden Triangle Joint Venture according to the deed filed for record in Volume 2440, Page 94, Deed Records, Denton Cot.nty, Texas, and being more particularly described by mates and bounds as follows: BEGINNING At a PK nail found at the northeast corner of Hickory Creek Heights Addition is recorded in Cabinet N, Page 101, Deed Records, Denton County, Texas, PK nail also being in the center line of Ryan Road; THENCE North 89 degrees 57 minutes 00 seconds East, along the said canter line, A distance of 513.10 feet to a 5/8" iron rod with red plastic cap stamped "RPLS 5199" set for corner in the vast line of Teasley Una (F.N, Highway, 2181) ; THENCE South 33 degrias 35 minutes 34 seconds E, along said west line, a distance of 85.28 feet to a 5/8" iron cod with red plastic cap stamped "RPLS 5199" set for corner at the beginning of a non-tangent curve to the right with a central angle of 32 degrees 21 minutes 18 seconds, a radio of 1381.30 fast and a chord thst bearing of South 17 degrees 24 minutes 00 saconds East and a chord distance of 773,05' ; I THENCE along said curve to the right and along said west line r distance of , 783.41 feet to a wood highway monument found for corner;l AH5/8" ironhrod foundefor cornersatla=northeastscorneriof said Hickory Creek to Heights Addition; THENCE North 89 degrees 57 minutes 16 seconds Vast, departing said vest line and along said north line, a distance of 793.55 feet to a 5/8" iron rod with CAP found stamped "Huitt 2ollars" found for corner; THENCE North 00 degrees 04 minutia 34 saconds East, Along an fast line of Hickory Creek Heights Addition, a distance of 850,87 feat to the POINT OF BEGINNING and containing 599,478 square feat or 13,7621 acres more or less. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or to corraet�nbua isfmade land onlynforainformationai and/or identification purposes A ` , ,. and doom not override Item 2 of Schedule B hereof, f 1' - 4. I E t A i I I I { i E f� f = I I 71 A Poll L�k AM 9 No I A+LA AID, tau D I OYT1�Dr cnr 4 I I 1y10 # ap s = I I �r All 064 sit •! 7 5 . F. ' % t I F . CLUSTER I I • ' 71 AG. r 10 I II i Y 1 I ' I " I 1 1 H t: f0 ID tl to .• 1 I �R rt Jv .',-Tiff Illy uY' • I 1 I IL t �t I I ttItTJJD it Ii. \+14KP tial it,, 1711. ,id w L16 96 A�dJO 'i I I Ali 7 11 To,j APT N010.5MT[!Oft WITH t ' I 11 I♦ tolls- _ (t! IS I I` I 1 I II ,t so, %I '» t u s7 aA 1 � —AL v r slr.srw I --r VAT I t .✓ it 11 :� 11 it i7 I s- I s i m t }I t*'WWlrT llA t. �MrA Yii 10Yt0 M1W�f 1 1il.VUi � �I r. Attachment 2 LOCATION MAP uTj 7-7 r,\ 7 - , r f C . SITE , j ... ,... y f /11 I 6. t> i. i I AGENDA INFORMATION SHEET mender km AGENDA DATE. August 17, 1999 DEPARTMENT: Planning Department ACM. David Hill, 349.723 C SUBJE —A-89,(lf9eelerRidge) Consider adoption of an ordinance to annex a 167.477 acre tract southeast of the intersection of Robinson Road and Teasley Lane(FM 2181),in the City of Dcnioni s ET], to approve a service plan for the annexed property, to provide a severability clause arse to provide for an effective date. First reading of ordinance, BACKGROUND The petitioner requests the property be annexed and zoned with a permanent land use designation and classifications as a Planned Development zone district, This action will facilitate the annexation only, the zoning of the properly will lake place after the second reading of the annexation ordinance. The proposal is to facilitate the development of two commercial sites (totaling 10 to 16 acres) and approximately iS1 to M acres of single family residential development with lot sizes ranging from 6,000 square fiet to 7,000 square feet. The proposed residential density is 4 unites per acre (with a maximum of 628 units). Approximately 18 acres of open space(including Doodplain)will be preserved, OPTIONS If the voluntary petition cannot be considered as submitted, Council can decline to approve the annexation ordinance on first reading,or can revise the ordinance. The Council may also elect to continue the involuntary annexation proceedings for the subject property. RECOMMENDATION The Growth Management Plan indicates that this area should be developed as residential neighborhood centers, Since this property is outside of the city limits, annexation is the logical step to ensure that this occurs. It will provide the City of Dcnton the authority to leguiate land use based upon a zoning classification. The PIaning and Zoning Commission recommends annexation o f the property(6-0). r r, As K, r?og 4g4 o(?,I Rrygi J.,1( 1, u I ESTIRIATED PROJECT SCHEDULE The voluntary annexation schedule, provided in Exhibit 13, complies with state law timing requirements, This is the first reading of the annexation ordinance and pending City Council approval,the ordinance will be published in the newspaper as required by state law, PRIOR ACTIONIUVIEW WaunclL-Boards.Commission� The following is a chronology of A•89, commonly known as Wheeler Ridge: May 2 7, 1999 Application Received June 21, 1999 City Council received a report, held a discussion and provided staff with direction regarding the annexation of tha subject property. July 20, 1999 City Council conducted the first of two public hearings concerning the annexation of the subject property. July 27, 1999 City Council conducted the second of two public hearings concerning the annexation of the subject property. July 28, 1999 Planning and Zoning Commission recommended approval of both the annexation and zoning rNuest. August 17, 1999 City Council conducted the first of two readings of the annexation ordinance. KCAL INFORMIAT1ON None at this time, AMCHMENTS 1. Planning and Zoning Commission staff report for July 28, 1999. 2. Planning and Zoning Commission minutes from July 28, 1999. 3. Draft Ordinance• Res n1lysubmived- Mark Donal son Assistant DirNclor,Plmnirki and Development Prepared by: L cichhart Development Review Manager 1-,tiV r't' !.7 NrtdirrK.dKrnd!Rryfri f1 Jnr � 2, . : .• : 11 . : " 1 . 1 1c •• 11 z I i 1VIM �w r 'ir 1 �i�•�j••y'�I��i1' ■ r, �i � Ire ,� �' 11L• '' �i �' tin` galr, 1 i Owner/Applicant: Wheeler Ranch, LTD. 5223 Village Creek Drive, Suite 400 Plano, Texas 76093 Planned development zoning dlstrkis(PD)are Intended to provide for the development of land as an Integral unit for single or mixed use In accordance with a plan that may vary from the established regulations of other zoning districts for similar land uses. They are also meant to encourage flexible and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community, and to provide for a development that is superior to what could be accomplished In other zoning districts by meeting one or more of the following purposes; (1) Provides for the design of lots or butiding;Increased recrestion, common or open space for private or public use; berms, greenbells, trees, shrubs or other landscaping features; parking areas, street design or access;or other development plans, amenities or features that would be of special benefit to the property users or community; (2) Protects or preserves topographical features, such as trees, creeks, ponds, floodptalns slopes or hills; or (3) Protects or preserves existing historical buildings, structures,features or places. There aro three (3) types of plans that may be used In the planned development process; concept plan, development plan and detailed plan. CONCEPT PLAN —This plan Is Intended to be the first step h the PD process W larger or long term developments. It establishes the most general gulden nos, identifying the land use types, approximate thoroughfare locations within the boundaries of Via district. , DEVELOPMENT PLAN-This plan Is Intended to be used m)st often as a sekwid step In the PD process. It Includes the same information that Is provided on the concept ply»,plus dctdils as to the specific land uses and their boundaries. DETAILED PLAN — This plan Is the Mal step In the process and is required prior to any development. For smaller tracts or More final development plans are otherwise krpwn prior � to rezoning, the detailed plan may be used to establish the district and be the only required plan In the planned development process. It will contain Information specific to the site. All detailed plans should be In substantlal compliance with landscape, sign, subdivision and other regulations of the Code of Ordinances. When concessions from these regulations are requested by a developer, there needs to be corresponding benefits that merit devlotlon film those regulations. e /r A. ,. 2 99 057(wheeler Ridge)sun Repo t 4 . s l I I I i w I The developer Is requesting annexa5on (SfN,- Enclosure 2)and a Planned Development(PD)zoning district classification for this 167.47 acre property. The proposal is to facilitate the development of two commercial sites (totaling 10 to 16 acres) and approximately 151 to 157 acres of single family residential development with lot sizes ranging from 6,000 square feet to 7,000 square feet. The proposed residential density is 4 unites per acre(with a maximum of 628 units). Approximately 18 acres of open space(including ftoodplain)wlll be preserved. b�af r T mw i A general concept plan shall contain the following information (See Enclosure 3): (1) Relation to the master plan. A general statement setting forth how the proposed district will relate to the city's comprehensive plan and the degree to which it Is or Is not consistent with the plan. • The concept plan Is In compliance with the 1999 Growth Management Plan and statement of such Is on the plan. (2) Acreage. The total acreage within the proposed district. The total acreage of the property is Identified on the plan, I (3) Survey, An accurate survey of the boundaries of the district. • The description for the entire PD has been submitted. (4) Land uses. Proposed general land uses and the acreage for each use, Including open space. For residential development, the total number of units and the number of units per acre,Proposed land uses are Identified or, the plan and further detailed in the applicants proposed development standards that will become part of the final ordinance. (See Enclosure 4 ) (5) General thoroughfare layout. Proposed streets, as a,minimum to arterial street level. (Showing collector and local streets is optional.) • The approximate location of FM 2499 Is identified on the concept plan and the conceptual design (See enclosure 5) Identifies the proposed road network. (6) Development standards, Development standards for each proposed land use, as follows: ; a. M`nlmum lot area. b. Minimum tot width and depth. c. Minimum front, side, and rear yc d areas. d. Maximum height of buildings, e. Maximum building coverage. 2-99 05) (Po"iMir kidje)50f Agvl f i I i j I d i 7t, Maximum floor to area ratio s for nonresidential uses. parking standards for each general land use. cant has Identified proposed development standards for this development (See enclosure 4). The proposed uses and development standards will become part of the final ordinance. E (7) Existing conditions. On a scaled map as specified by the department, the following shall be shown for the area within and adjacent to the proposed district: a. Topographic contours of ten (10)feet or less. b. Existing streets. c. Existing 100-year floodplaln, floodway and major drainage ways. d. City limits and E.T.}. boundaries. e, Zoning districts. f. Land use. g. Wlities, Including water,wastewater, and electric lines. • All required existing conditions are identified on the concept plan. (Ord. No. 91-016, § I, 2-5.91) Imamak 1988 Denton Development Plan Analysts The 1988 Denton Development Plan(DDP) shows this area to be within a Low Intensity Area. These areas are Intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small commerctallretall centers spaced at about A mile intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low intensity Areas is restricted to 60 trips per day per acre In order to h^lance land use with road capacity. Staff finds the proposed development to be consistent with the policies and somewhat consistent with the trip intensity standards of the 1988 DDP. 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP)is to be used in conjunction with the 1988 Denton Development Plan In evaluating the consistency of proposed development with the long range vision for the city, Staff finds the proposed development to be consistent with the policies of the 1998 DP. (See Enclosure 10) The proposed PD and concept plan is also consistent with the Growth Management Plan which identifies the development of this area as residential. The proposed land uses are also consistent with the Draft Denton Comprehensive Plan which Identifies this area as a Nalghborhood Center with protection of the 100 year floodplain. 2 99 057{wlceie" CAgeq Stan pev"l 6. ,/y r `r c I , I I i' I 1. Transportation A. Trip generation Table 1. Proposed Land Use Trip Generation Land Use Average Trip Maximum Total Dally Generation Buildout Trip Generation Proposed Use Single-family 9.55 tripsldaylunit x628 homes 6,997 Detached Proposed Use General Retail 40.67 'x 278,780 sf 11,338 trips/day/1,000 at Average Trip Generations p Note: Proposed Averovided by the Institute of Transportation Engineers,1991. •The maximum bulidout for commercial was calculated at an average tat coverage of 40%(assuming 20% openspace and 40%needed for parking). Although the proposed development is 174 % above the allowed capacity identified as a low Intensity area in the 1988 Denton D�,Pelopment Plan a number of factors tend to mitigate the high potential counts. First, there are two separate commercial areas,which will help to disperse the traffic, and secondly, both areas are adjacent to primary major arterials (See Enclosure 8)with the larger of the two areas at the intersection of a primary and secondary major arterial. Existing traffic counts in the area indicate that adequate capacity exists for this development. A reduced floor area or lot coverage factor for the proposed commercial development would significantly reduce estimated trip generation. B. Access The development is proposing access from Teasley Lane and Robinson Road. • Teasley Lane and the future FM 2499 are designated as a Primary Mabr ktedal a Robinson Road Is designated a secondary major arterial. Prior to platting a Traffic Impact Analysis(TIA)will be required to determine the level of road Improvements (to the surrounding road network)that will be required, buy the doveluper, as a result of this development. C. Pedestrian Linkages Sidewalks along all public streets are required. 2. Utilities This property is proceeding through the annexation process and a service plan Is being developed. (See Enclosure 9). The preliminary service plan has identified that this development will be provided with adequate utility services. (See Enclosure 4) 2.99 053 CMEeler Wdgej Stan Repo11 7. f- 1 I 1 7Drainage pegraphy pt will be required to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary plat. The study must include calculations of the 100-year storm for all drainage areas on this property j and any area that drains towards this property. The developer must Indicate the method by which the run-off will be carried across the property or stored on the property. 4. Signs As per the sign ordinance. 5. Landscaping This property will have to comply with the new Landscrpe Code,which requires fifteen (15) trees per acre and twenty(20) percent of all surfaces to remain pervious(plantable area). i 6. Open Space This development is providing approximately 18 acres of land for public and private parks and open space as well as neighborhood centers,pocket parks and preservafon of floodplain. 7. Environmental Quality Impacts No negative environmental Impacts have been identified. The subject property is proceeding with annexation. At the time of annexation the property will be placed in the Agricultural (A)zoning district and land use classification . The subject property Is not platted and would need to he platted prior to any development. I Notice of the zoning and annex;tion request was published in the Dc,iton Reoord-Chronicle on Sunday July 18, 1999. Seven (7)property owners were notified of the request and sbdeen courtesy notices were sent (See Enclosure 7)on July 1 , 1999. O s of this writing, there have been no responses. A neighborhood meeting has not been scheduled. A, 2.99 DSS(Wheeler R b)e)MA Repail 8. i f I I I i VIII I f Tthe proposed development Is In substantial compliance with the 1998 Denton Plan Policies and Growth Management Plan and with the draft comprehensive plan, staff recommends approval of A-89: move to recommend approval of A-89. As the proposed development I i in substantial compliance with the 1998 Denton Plan Policles and Growth Management Plan and with the draft comprehensive plan along with the added design controls associated with required Detailed Plans, staff recommends approval of Z-99-053 with the following conditions: 1. Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion Wo the night skV. 2. The Proposed Planned Develunment District Development Standards (Enclosure 4) be revised as follows: 1.12 Land Area Permitted:The amount of acreage permitted in Tract 1 shall not exceed ten (10) ages net of right-of-ways. The amount of acreage permitted In Tract 3 shall not exceed six(6) acres net of right-of-ways. 2,06(c). Lot Width: The minimum width of any lot shall not be less than fifty-five(55)feet at the building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of fifty(50)feet at the building line: provided all other requirements of this section are fulfilled. 2.06(1) Side Yard: The minimum side yard on each sido of a lot steal; be five (5)feet. A side yard adjacent to aside street shall not be less than fifteen (15)feet. In no case shall a garage door opening be any closer then twenty (20) feet to the side yard, - 2.07(c). Lot Width: The minimum width of any lot shall not be less than forty-five ('.5) feet at the building line, except that lots at the terminus of a cul-de-sac or along street elbowsleyebrows may have a minimum width of fifty (50)feet at the building line; provided all other requirements of this section are fulfilled. 2.07(f) Side Yard:The minimum side yard on each side of a lot shall be five (5) feet. A side yard adjacent to a side street shall not be less than fifteen (15)feet. In no case shall a garage door opening be any closer than twenty (20)feet to the side yard. l k. I move to recommend approval of Z-99-053•pith th3 standard lighting condition and the revised Development Standards as proposed by staff. 2.9 05"(W'"Ier Rim)Staff Rexrt 9. I i I i t� ! 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table Item. 11 1 1. Vicinity .Ma P 7 2, Preliminary nnexation Assessment and Annexation Schedule 3. Concept Plan 4. Draft Ordinance (with Development Standards) 6. Conceptual Design 6. Zoning Map. 7. 200' Property Owner Notification Map. 8. Denton Mobility Map 9. Service Plan 10.Utility Map 11.1998 Denton Plan Matrix. i 2-99-DS)(Ym"Ier Ridge)SLUR Rewt 10. I i i I ENCLOSURE 1 Z-99-053 (WHEELER RIDGE I W:�M '�� +HI" Tu S M XT � •K �, �� 1�11Mi► 1 IrNS_ � • � „ 1 � E s ! i OAKMONT T • I s aI VICINITY MAP Agenda Date: July 28, 1999 Sce!9: None 11. C c. ENCLOSURE 2 s' PRELIMINARY ANNEXATION ASSESSMENT A-91 (Kirby Tract) Owner/Petitioner: Wheeler Ranch,LTD. 5225 Village Creek Drive,Suite 400 Plano, TX 75693 Location and Size: Between Nowlin Road, F.M. 2181 (Teasley Lane) and Robinson Road. Existing Land Use: Undeveloped. Surrounding Land Use: West: Undeveloped East: ETJ and Oakmont Community(PD 111) North: Lakewood Estates South: Undeveloped (Top of the Hill A-83) Proposed Development: The petitioner is requesting a Planned Development (PD) zoning district classification for this 167.47 acre property. The proposal is to facilitate the development of two commercial sites (totaling a maximum of 16 acres) and approximately 157 acres of single family residential development with lot sizes ranging from 6,000 square feet to 7,000 square feet. The proposed residential density is 4 unites per acre (with a maximum of 628 units) and approximately 18 acres of open space (which includes preservation of lloodplain). Analysis: { 0 The subject property is adjacent to existing city limits to the north east and west and to the proposed A-83 (Top of the Hill) and A-91 (Kirby Tract) annexation petitions. Sough Denton has been experiencing a great deal growth especially along the Teasley Lane (RM. 2181) corridor; this proposed subdivision is an extension of that trend. 0 Annexation (along with a future corresponding zoning request) will ensure that the city eontrols the zoning and development of this property. E7 The development as proposed will require public Improvements. The following Is a preliminary fist of those improvements which may be triggered by the platting process: 1. Right-of-way dedication along Teasley Lane, Robinson Road andNowlin. 2. Right-of-way dedication for the future extension of. F.M.2499. 3. Participation In a traffic signal at Rymn Road and Teasley Lane. 4. Construction of internal streets. J. Construction of sidewalks along alipublie streets. t 6. Extension ofpublic utilities to senire the development, A 7. Possible upsizing of existing Granada lift station and sewer lines. ( !;- r, 8. Installation of fire hydrants. 9. Dedication ofpublic utility easements. to. Dedication of the flood plain area as a drainage easement. A !D rreh minaq Assasmmf du 12 . C! 0 ANNEXATION SCHEDULE: WHEELER RIDGE (A43) Saturday,July 100' Notice published in Denton Record-Chronicle for first City Coy ndl public hearing. i Tuesday,July 20"' City Council conducts first public lic hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. • Annexation Study prepared and available for public review. • Service Plan prepared and available for public review. Sunday, July 18"' Notice published In Denton Record-Chronicle for Planning and Zoning Commission public hearing. Wednesday, July 2e Planning and Zoning Commission holds a public hearing and considers making a reoommendation to the City Council regarding LM proposed annexation and the proposed zoning. • Public notice must be no less than 10 days before public hearing. Saturday, JL1ly 17'" Notice published in Denton Record-Chmnlcie for second City Council public hear ng. Tuesday. July 271" City Council conducts second public heartno. • Public notice must be no less than 10 days and no more than 20 days before public hearing. Tuesday.August 1)°' City Council by a four-fills vote institutes annexation proceedings. First reading c annexation ordinance. • Action must be more than 20 Qays after the second public hearing but less than 40 days from the first p,;V,hearing. Saturday,August 21" Publication of annexation ordinance in Denton Record-Chronicle. Tuesday, Sept. 21" City Council by a four-fifths vote takes final oction. reading and adoption of the annexation ordinance. City Council considers approval of zoning request. • Council action must be more than 30 days after publication of oronanoe and less than 90 days after council Institute's annexation proceedings. a ! 13. 4 t i I 1 I } �w 1 e.+A 1 V 1_ / I Yl.rr ~� JUL 2 11994 I j a i � w I i PLANNING 6 OEVELJOPMEI WHEELER A,ME � wcwwrin �Iwar.aw wn wr wr •wr •r .Ir r= .r �■ .�. rw raw Ir airrl V.r Ylr•iww rww M M Yr M r■ I �/ 1 w �• ■ • r r � • • • 1 Y ■ / /� 1 r ~r Iw• wr. • ~ • • • r r w 1 / / �� � 4NM Y.r. 1/ •/ I • . Y r w I � / 11►NYw�M.Y�.4••r•�w..•V.•Yr�1I.Y•••IY\••. I � d .. '} Ir.r.+...rs..wl•.++r+.w..r.rw�.r+lw•r.tiYr i i ww.m 11r.rrrNrY•.••rr•Ir.•r.rrr••.rwr+�Ynw. I • / w•••wwv+ri.Iwr•r••«...•r wren WHEELER RIDGE K.Z 1•, r LAND m-al ;Muac ��onWnM PIgaftW4 e�gExhibeat and ^'Ya"i°• '�" •^•'• GenMm1 Co opt Men wY rY awrlr C ENCLOSURE 3 F-71i C O SURE 4 11 II R A ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON,TEXAS,PROVIDING FOR A CHANGE FROM TEMPORARY AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A PLANNED DEVEIIJPMENT (PD) ZONING DISTRICT I CLASSIFICATION AND USE DESIGNATION FOR 167.477 ACRES OF LAND LOCATED BETWEEN NOWLIN ROAD, F.M. 2181 (TEASLEY LANE) AND ROBINSON ROAD; ! PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF S2,LM.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-053) WHEREAS,Dowdy Anderson and Associates,Inc.,on behalf of Wheeler Ranch, LTD.,has applied for a change in zoning for 167.477 acres of land from Agricultural (A) zoning district classification and use designation to Planned Development(PD)zoning district classification and use designation;and WHEREAS,on July 28, 1999,the Planning and Zoning Commission recomtnmded approvi of the tequesled change in zoning; and WHEREAS,the City Council finds that the change in zoning will be in compliance with the 1988 Denlon Development Plan,the 1998 Denton Plan Policies,and the 1999 Growth Management Strategies and Plan; NOW,THEREFORE TI-T1.COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation of the 167.477 acre prop.ty described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Agricultural (A) zoning district classification and use designation to Planned Development(PD)zoning district classification and use designation,un!er the comprehensive zoning ordinance of the City of Denton,Texas, subject to the followinf,conditions: I. That permitted land uses and development standards b i restricted to those described in the Planned Development District Development Standards attached hereto and incorporated herein by reference as Exhibit B, and allow land uses permitted with a Specific Use Permit in an Commercial (C)zoning district. SECTION H. That the City's official zoning map is amended to show the change in zoning district classification. SECTION III. That any person violating any provision of this ordinance shall, upon MiViction,be Cned a sum not exceeding$2,000.00. Erah day that a provision of this ordinance is violated %ball constitute a separate and distinct offense. I SECTION IV. That this ordinance shall become effective fourteen(14)days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle,a daily newspaper published in the City of Denton, Texas,within ten(10) days of th,-date of its passage. PAGE 1 15. a u PASSED AND APPROVED this the r day of , 1998. ' I I JACK MILLER,MAYOR ATTEST: /// JENNIFER WALTERS!I ►Y SECRETARY BY: �/ APPROVED A TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY BY: Y ' 1 X11 , P PAU 2 16. C c I EXHIBIT B a WHEELER RIDGE Planned Deve5pment District Development Standards Applicant: Dowdey,Anderwn and Aawciatea, Inc, Planning and Engineering 5225 Village Creek Parkway Suite 200 Plano,Texaa 75093 (972)931-0694 (972)931.9538 Fax OwnerlDmloper: whaler Ranch, Ltd. 5223 Village Creek Drive Suite 400 Plano,Texas 75093 (971)2b7985 O E C-E 0 W E (972)818.8885 A l� l!e U l5 D JUL 21 1999 I Submitted June 28, 1999 PLANNING b DEVELOPMENT For Review by the City of Denton , Planning and Zoning Commission bn July 28, 1999 -A and For Review by the Denton City Council on September 21, 1999 980%Pdcoverpage72199 17. w WHEELER RIDGE PLANNED DEVELOPMENT DISTRICT STANDARDS 1.0 Planned Development District—Commercial Tracts 1 and 3 1.01 General Description:The Commercial tracts will provide the ability to encourage and accommodate the development of office,retail and commercial center(s). 1.02 Permitted Uses: All uses identified in Article III, Section 35-77,Use Regulation Districts, Use of Land and Buildings,of the City of Denton Zoning Ordinance vnde-the heading of Commercial District(C)shall be permitted within Tracts 1 and 3 in the Planned Development District, 1.03 Building Materiab: All main buildings shall have an exterior finish of glass, stone, stucco,brick,tile,concrete,exterior wood or s miter materials or any combination thereof. The use of wood as a primary,exterior building material shall be limited to a maximum of twenty-five (25)percent of the total exterior wall surfaces. 1.04 BultdlnQ Heigh: The maximum permitted height of all buildings within the commercial tracts of the Plamied Development District shall be three(3) stories. 1.05 Front Yard:There shall be a front yard having a depth of not less than twenty- five(25) feet. Front yard setbacks are required on both streets for comer lots. 1.06 Side Yard: Side yard requirements for commercial tracts shall be as follows: A. No side yard shall b r required where commercial structures are to be attached. b. A ten(10)foot side yard shall be required where commercial structures are to be located adjacent to one another and where vehicle access is not required. C. A twenty(20)foot side yard shall be provided adjacent to single fatuity residential zoning. d. A twenty(2n)foot side yard shall be provided adjacent to a dedicated street. ( t$ t 1.07 Rea Yard: Rear yard requirements for commercial tracts shall be as follows: luty 19, t999 I 98004pd.doc 18, 1, Y . yk a. No rear yard shall be required where commercial structures are to be attached. b. A ten(10)foot rear yard shall be required where commercial structures are to be located adjacent to one another and where vehicle access is not required. c. A twenty(20)foot mar yard shall be provided adjacent to single family residential zoning. d. A twenty-five (25)foot rear yard shall be provided adjacent to a dedicated street. 1.08 Landscape Plans:Landscape plans for propos d development areas shall be submitted in accordance with the City of Denton Landscape Code as it presently exists at the time this Planned Development District is approved. 1.09 Screening: A six(6)foot screening wall shall be provided between areas developed for residential uses. The commercial user shall be responsible for the construction and maintenance of the six(6)foot screening wall. This screening wall shall be constructed at the time it commercial property is developed and shall only be required adjacent to the specific commercial property that is being developed, The above referenced six(6)foot screening wall shall be constructed of stone, brick,or similar materials or any combination thereof. 1.10 Floor 14 Area Ratio(1 Ak): The permitted floor area of all buildings located within the commercial tracts shall be 2:1 (floor area ratio), 1.11 Beauleed Parking:Parking shall be provided in accordance with Article VI, Section 35.301, Vehicle Puking Regulations of the City of Denton Zoning Ordinance. ParkinP shall be permitted within all required yard areas. 1.12 Land Area Permitted: The amount of acreage permitted in Tract 1 shall be ten (10)acres net of right-of-ways. The amount of acreage permitted in Tract 3 shall be six(6)acres aM of right-of-ways. 2.0 Planned Development District—Single Family Residential 2.01 General Description: The Residential Tract is intended to accommodate a variety of single family residential uses, The residential units will be comprised of Single Fatuity-7.2 (SF-7.2)and Single FamilyA.0(SP-6.0)products. Development stan lards for (� ; each of the aforementioned housing types are outlined within this text. 2.02 Permitted Usn:Land uses permitted within the PD are as follows: lut 19, 1999 2 98004pd.doc 19. 4 I 1 r 1 I a Residential units as described herein. I b. Private or public recreation facilities. C. Churcheslrectodes. d. Schools—public,private,or stale accredited. e. Parks,playgrounds and neighborhood recreation facilities including,but not limited to, swimming pools,clubboute facilities and tennis courts. f. Fire stations and public safety facilities g. Real estate sales offices during the development and marketing of the Planned Development. h. Public streets and private stmt&. 1. Electronic security facilities including gatehouse and control counter. J. Accessory buildings and uses customarily Incidental to the permitted uses. IL Temporary buildings and uses incidental to construction work on the premises,which shall be removed upon completion. 2.03 Density; The overall allowed density for Tract 2 of the Planned Development District shall be 4.0 units per gross acre or a total of(628)units, as calculated on a gross land area basis(approximately Macros).acres). The percentage of Single Family-6r0 and Single Family-7.2 will vary within the Planned Development District,but in no case shall the total number of units within the Planned Development District exceed(628)units. 2.04 hatred ykhjg;Parking shall be provided in accordance with Article VI, Section 35-301,Vehicle Parking Regulations of the City of Denton Zoning Ordinance. 2.03 BuHMI Makdy;A minimum of seventy-five(75)percent of the total exterior wall surfaces of all main buildings shall have an exterior finish of glass,stone, stucco, tile,brick,cementitious fiberboard,or similar malerials, as approved by the PD Architectural Review Committee(ARC),or any combination thereof. The use of wood as a primary,exterior building material shall be limited to a maximum of twenty-five(25)percent of the total wall surfaces. 2.06 S1nYI4Faml(y-7.2r Single-Family-71 units are a forth of single Arnify,detached housing. This residential type will consist of larger units and lots,having secess and frontage on a public or private street. Building and area requirements are as follows- a. Lot Ana,The minimum aces of any lot shall be seven thousand two hundred(7,200)square fat b. Lot Coverage; In no case shall more than forty-five(45)percent of the total lot area be covered by the combined area of the main buildings and r. accessory buildings. Swimming pools,apes,deck,patios,porches, ' ( � driveways,walks,and other paved areas shall not be included In detemining maximum lot coverage. July 19, 1999 3 9800pd.doc 20. ad i C. Lot Width.,The minimum width of any tut shall not be less than fifty-five (55)feet at the raid-point of the lot depth,except that lots at the terminus I of a cul-de-sac or along street elbows/eyebrows may have a minimum width of fifty(50) feet at the mid-point of the lot depth;provided all other requirements of this section are fulfilled. d. Lot Depth:The minimum depth of any lot shall be one hundred (100) feet, except that a lot at the terminus of a cul-de-sac or along street elbowsleyebrows may have a minimum lot depth,measured at mid-point on front and rear lot lines,of ninety(90)feet; provided all other requirements of this section are fulfilled. e. Front Yard:The minimum depth of the front yard shall be twenty(20) feet Front porches, roof eaves,chimneys and other similar architectural elements may extend into the front yard. f. Side Yard: The minimum side yard on each side of a lot shall be five(5) feet Aside yard adjacent to a side shut shall not be less than fifteen(15) feet. g. Rear Yard: The minimum depth of the rear yard shall be ten(10)feet. h. Building Height: Buildings shall be a maximum of two and or -half(2 Y)stories. 2.07 Sing e-Family-6.0: Single-Family-6.0 units are another form of single family, detached housing. This residential type is designed to provide single family housing at a slightly higher density than,permitted in Single-Fa,nlly-72 These residential units will have access and frontage on a public or private street. Building and area requirements are as follows: L Lot Area: Tate minimum area of any lot shall be six thousand(6,000) square feet. b. Lot Coverage: in no cane shall more than forty-five(45)percent of the total lot area be covered by the combined area of the main buildings and accessory buildings, Swunming pools,spas,deck,patios,driveways, walks,and other paved areas shall not be included in determining maximum lot coverage. C. Lot Width:The minimurn width of any lot shall not be leas than forty- five(45)feet at the mid-point of the lot depth, except that lots et the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of forty-five(40)feet at the raid-point of the lot depth; provided all other requirements of this section are fulfilled. d. Lot Depth: The minimum dept of any lot shall be one hundred(100)foet, except that a lot at the terminus of aeul-de-sac or along street elbows/eyebrows may have a minimum lot depth,measured at mid-point on front and rear lot lines,of ninety(90)feet; provided all other requirements of this section are fulfilled. i e. Front Yard: The minimum depth of the front yard"I be twenty(20) i�' feet. Front porches,roof eaves,chimneys and other similar architectural elements may extend into the front yard. My 19, 1999 � 9806tpd.dx f. Side Yard: The minimum aide yard on each aide of a lot alwll be five(5) feet. A side yard adjacent to a side street shall not be leas than fifteen(I$) feet. g. Rear Yard:The minimum depth of the rear yard shall be ten(10)feet. h. Ballding Height:Buildings shall be a maximum of two and one-half(2 j Vi)stories. i� 3.0 Planned Development District—General Conditions 3.01 Conformance to All Applicable Articles of the Denton .nn;ng Ordinance: Except as amended herein,this Plann3d Development District shall conform to any and all applicable articles and sections of the Denton Zoning Ordinance, as it presently exists. 3.02 Amenity Center: The Developer for the Planned Development District shall provide for an amenity center which may include,but not be lim'!ed to a swimming pool,cabana,sad landscaping to be owned,operated,and maintained by a property owner's association. 3.03 Screen ino/Landscs pin 9 alone Robinson Roau and Tenle an : Landscaping and screening shall be provided along Robinson Road and Teasley Lane in areas where lots back to said thoroughfares and may consist of decorative metal fencing,stained wood feriae with metal posts,landscape planting, cemendlious fencing,masonry walls, living screens or a combination thereof. 3.04 Park Laud/Open Spare nirement: The Planned Development District shall conform to the City of Denton Park Land Dedication Ordinance No.98-039 as it Presently exists at the time the Planed Development District Is approved. Open space shall be approximately 18 acres and shall consist of tree preserve areas, common areas,amenity center site,greenbelt parks,pocket parks,Tr:destrian/park connectio•u,landscape buffers,floodplalr, electrical/power/utiliry easements. A minimum area of park/open space,based on the formula provided in Ordinance No. 98.039,Article III,Section 22.36(c)shall satisfy all paridopen space requirements of the City of Denton. 3.05 General Concept flan:A Oenend Concept Plan is hereby attached and made a part of the ordinance. It estab lsbes the most general guidelines for the district by identifying the land use types,approximate thoroughfare locations and project boundaries and illustrates the integration of these elements Into a master plan for the whole,iistrict. 3.06 ,M{et Trees! A minimum of one(1)street tree shall be required on all residential + r lots within the street parkway. July 19, im S 98004pd.doe __ 22. c, 3.07 Sftak:Streets and other paved area within the Planned Development District may be constructed of concrete or asphalt paving. The entrance road 6om Teasley Lane to the traffic circle shall consist of a sixty(60)foot right-0f--way with a paved section of thirty-four(34)feet back of curb dimensions(b-b). A11 other residential streets within the Planned Development District Shall Comm of r fifty(50)foot right-of-way with a twenty-seven(27)foot paving section. One I way residential streets within the Planned Development District shall consist of forty-one(4 1)foot right-oi way with a twenty-one(2 1)foot paving sections(b-b). 3.08 :The titmer s)Shall establish,with each preliminary plat submittilt a property owners association,membership summation or other designation that will be responsible for the improvement and maintenance of all common areas and/or common facilities contained within the area of the development plan. I i July 19, 1999 ti 98004pd.doe T3. 1 ��11i11/ . ' •. x Tr ® � ® N f rT JUL 2 1 IM LANNINO & DEVELOPMENT 1 WHEELER RIDGE CONC MAL MIGN t' �•1RRtUf Lu4cKl.m MM'LCWS.ZM INC. L.W�10N�At�Ntlb,4l0. AMDa4Y�0�Nww��.MC. � V114.rN K��J� 11Yµi��ly Y��W W� W M M! W 14Y il! Yi 1Y i1M1 fY.l Y�Mllf ENC4OSURE 6 Z-99-053 WHEELER RIDGE} NORTH G RMWOODT�{!,3r i I PO•q ' ����} A����s, I i I I PD I A SF-10 r. cc-t. r A PD•111 A OAKMONT r , ZONING MAP Agenda Date: July 28, 1999 tkale: None 25. c ENCLOSURE 7 NC TH Z•99-053 (WHEELED E) Si?tirM '�� Vt1�' M Y J `` j 1 �Jqn ► jj 1�r3 • . I • ` _ •.^ µ 1 tk E M ill 200' - 500' NOTICE MAP At t� E Agenda Date:July 28, 1999 Scale: None � 26. i I I i I� I ENCLgSURE 8 1 NORTH 1 4 Z-99.053 (WHEELER RIDGE) I� IOU�Itl 1;1 f. . •�: ILe- Ui.. g � SI E 0I E y -F t , OAKMONT DENTON MOBILITY PLAN MAP Freeways Primary Major Arterials Secondary Major Arterials ' ,.:' Collectors , f A ( iii c r Agenda date: July 28, 4999 Seale: None f I ..W 27. ENCLOSURE 9 ANNEXATION ,SERVICE PLAN CASENUMBER: A•89(WheclerRidge) ARF,A: 167,477 acres LOCATION: Southeast of the intersection of Robinson Road and Teasley Lane (FM 2181)in the extraterritorial jurisdiction of the City of Denton,Texas i Municipal services to the site described above shall be famished by or on behalf of the City of Denton,Texas, at the following levels and in accordance with the following schedule: A. Police Protection 1. Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective data of the annexation using existing personnel and equipment. B. Fire Protection 1. Fire protection(within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective dale of the annexation using existing personnel and equipment. C. Solid Waste Collection 1. Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment, D. WaterlWastewster Facilities 1. Maintenance of water and wastewater facilities in the area to be annexed that are not within the service atea of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. E. Roads and Streets ! 1. Maintenance of roads and streets, includi:g road and street lighting, in the aree to be annexed will begin within sixty(60) days after the effective date of the annexation using existing personnel and equipment. F. Parks and Recreation Facilities 1. Maintenance of parks,playgrounds, swimming pools,and other recreational facilities in the area to be annexed will begin within sixty (60) days after the effective date of the ; e vexation using existing personnel and equipment. However, there are no existing parks,playgrounds, swimming pools, and other recreatonal facilities In the area. .M 7.Irou• uIrrr ii nNw I Yen kw 2G. i III III II' ANNEXATION SERVICE PLAN (A.89) ' Wheeler Ridge G. Electric Facilities 1. Electric utility service will be provided within sixty(60)days after the effective date of the annexation using existing personnel and equipment. I H. Library Services 1. Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. 1, Code Enforceniznt,Building Inspections and Consumer Health Services 1. Code enforcement, building Inspections and ennsumer health services will be provided within sixty(60)days after the effective date of the annexation using existing personnel and equipment. ! J. Planning sod Development Services L Planning and development services will be provided within sixty (60) days after the tffective date of the annexation using existing personnel and equipment. The Planning and Development Department currently provides services Us property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. K. Capital Improvements Program(CIP) The CIP of the city is prioritized according to the following guidelines (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professlonal studies. (2) The overall cost effectiveness of providing a specific facility or Improvement. The annexed area will be considered for CIP improvements in the upcoming CIP plan This property will be considered according to the established guidelines. A�f q 1 r� r° AA4,INVIbl7/M SNkt NAII,Ir�t' 29. c• ENCLOSURE 10 Z-99-053 NORTH (WHEELER RIDGE) �1Nw000 r + ,s E E: 10 f M OAKMONT E EXISTING UTILITIES MAP Hydrants f •-- • -- Water Line (W. L.) -- • • Sewer Llne '(S. L.) Elec. Lines t Agenda Date: July 28, 1999 Scale: None 300 t i I i Am -ENCLOSURE 11 yam._, The table below provides a summary of the 1838 Denton Plan Policles applicable to this project: Denton Plan Policy Analysis Summary Development Ratlny vs. Polley CATAGORY POLICY Vonsistent ConslsteM Traneportat Ion. Comphmern Denton's Long. ge TAaroiptdare Plan. A,,. x Promotes Acom Management Pradoes x Cptim m opentlons fa emergency 1e vo provider and pubtk serves provfden, x Promotes pudic t ardpo tatlon systdtt, x ConWes to!fN Denton Tralls network. x Storniwater Drainage, Protedy 100-year IloMplaln areas In ateordanes with Denton' watembed management plans. x Conforms to we eubdvtsh.n regulative. ' x Contribm to regional detenwn ladhtks, x Provides for natural riparian environment sloop Ploodpt" x Upgrades exlseng s ubAyidard drainage rystenr as Inllll end redevelopment ow. Water and Develops and marWns property end private Wastewater. Infrastructure, x Creates opportunity for oversimp water and wastewater Ines to meet k&Kt development demards. x Provides revkw of proposed water and wastewater Infrastructure to ensure pudic safety and hearth, x Promotes loot Improvements ove new One odenslons. x Electrle. Provides undo ground electrk aery wd V new residentlal end nonreddendal development, x Solid Waste. Promotes effdent eooeis to an development for Bond waste servos elehvery, x Part@ end Reveation, hates Wrks and reaeetlon Woes In aocordana Mth the Parks and weabw Strategic Plan. It fnN". parks and reaeabon opportunitles for ftsidenh x Promes lloodptaln for parks and open vow to aid In Aoodplaln cnnservaton efforts. x Mows combining of parks with oiler pudk tadiitks to adrieve Cost eftecbve denvery of pubk*MCM x Resldenbal development stwutd dedkate land or fees In , heu of land for neighborhood park& x Environmental Quality. Promotes preservation of natural resources, x Integrates ernlranmental protection with eax*,Y c groo6 and convramlty devetopment. x r -� 1-99 051(Wheeler Ridge)Stall Report 31. c• u N 1996 Denton Pion Pollcles Anelysls (continued) Denton Men Policy Analysis Summery Deve)Dpl*nt koung w. PoI)cy CATAGORY POLICY IVOW At ApOO" OoMsant NWOW400"6. t p tnd w mu*ko t fa x Erwmm t mb hn of land ms V*bw*R NMrr s, x Protects tnd mmm nelq&fto& PrarrptM t�ydt 1wle psdNSh4n trtf}k eltltn tw+d t>ebvetn nelOhbo foods m now veNnlr htpt x 4*Wr4 eaonorNe ind k drldud llh-style tlwt WW to WW" x Offer a vsrlely of/npl0w*lot d^butdnp rise; W4 prloe room. x RnervaedeunphoWrq OW" tnaeeses 1nAN houiq oorWucsbn. I oeenemk Gnblbu el to 1*"tnd dver0Atd bd smnai7 by Divmsma OO& Ina I"tmpwpment&W v Ow aY bew. x com"n ere. wstrl/edl HNg vloe mdnam to pro x UrWn DwlOn. Ad&em mm uft Ippte va N t wrpnlw" MOW, x Dve was wdAOcbx l eppee m d tFA wm arttnent x Neiphbo tgod siflN development shpld bt oanpende vAM e>dsflrq lend uses end bulldnpt hlrtawel moor=Drbmt w"Odurd.wuw and EM&nm the vpwva wtwoMys x ft motet IM pnewoum of trees ad Wdo x r Public NrwohremMb RevldeS en emArIty for WA*0m My MM plerYYnq pwm x 1.95-05)(WWer fudge)Viff RcpM i 32. 1 i I ATTACHMENT 2 _ Page 107 I the .sup. if.trey don't mat the conditions, 2 Co m� +'ould you like to take 10 c're 2 t g.t the sup pulled or be fined,by the we 2 going to a, 3 REEn, The City staff would go out 3 MR DUCE a process, 4 If there pawn,a call or if they were 4 the vote will be +by the P&2, 7 the altejus k if they w•ena in com If 6 Ctrr: Ass award 6 they saw a vi they would give 6 Th"you 1 opportunity to k in cmfo then visll 7 (Break taken) I the site again to that it. If they g MR ENaELBRmt1% ncm No, 7 which Is 9 did not,again, a cjtat oul at that time 9 Wheeler Ridge, 167.4 acre property located between 10 and we could bring It l and City Counai1. 10 Nowlin Road,Fm2111.and Robinson Road In the I I MR MORENO Those comments are 11 extraterritorW jurisdiction lkllo. Somebody pushed 12 very helprul 12 something somewhere. Thank you. We're on Agenda Item j A MR. Eh'GEL6 ti, 13 7, there's two parts. The aM is to hold a public li A Commisdoncn? want to one statemcnl 14 hearing and consider mekir+g a recommendation to the City 15 before we call f vote. Obviou socot+dod 144 13 Council concerning thr,annexation with temporary 16 1 will he vuti avor of the mots ve feet In is AVIcwitwal voning classification. At this time I'll 17 all the door I recognize there can oblcros 11 W..,the public hearing. Mr. Retichhart will provide us I6 with the 1 drnis particularly those k up I6 with the, x'.aff report. Sir, 19 more so once across University. I a a 19 MR REICHPA0 Thank you. If I could,at 20 priva in a setting very similar to this 20 the same time we'll roll nghl Into the propo,al comp' 21 0° lems we had Over the years"ways 21 plan public hewing,if you will,tai, ror the zoning. 22 bon. And them was no requirnnrnt for 22 They're Interrelated, We,are looking W 167.471 sent 23 and I %ca'n't my a what they were were minln 23 site. It is in one of the south^rn, southeastern 24 it didn't work. 1 think that eight root fens is very 24 portion or the City. Will you get the overreact,please? 25 Important, 2$ And just to point out,this Is Teasley lame running Page Page 108 I I !ike to we el)forms of education, 1 Wong here. 71.ta arcs Is du mntly goity,through I 2 pu rivale and others, and that's the part 2 number of annexation requests. Recently,we heard This 3 this like. I do have some concerns I site right here which war Top of the Hili Subdivision 4 much and I think the ISO limit lakes care 4 We're now looking al this site tonight. In the near s of that pro And with that IIII 1 3 future you'll be getting annexation requests f w the 6 MR (HART: If I me had one 6 site Wjam It • to the cost of this site and I little 7 thought as I w Wetting to ate and if I may 7 further rawth. We're slowing filling in the holes is we R just jump in. 0 iltc c ns with the eight fool a procood fwther south. So this is almost a natural 9 fence extending bey consider the limits of 9 procression of propertlos that are being requested to be 10 the SUP,there arc a n f zoning cases,typically, to annexed. I1 where we require of rovcmcnts whether We I1 As we look at&annexation, In the packet 12 regarding the traff i s, drainage,any of 13 there's a schedule or public beatings associated with 13 those issues, ilto pr created by the new 11 this and,dsa a service plan and all indications to-dnte 14 condition g r il2nn jut site s0 wa make the 14 lediente that "l public servion, fie,libruics, IS applicants that. And th no of thu reasons 13 police,utilities,will be suMI cicnily be ab!a to 16 to extend t funhcr than •• I6 service this site when 9 Is umexed 17 M UELbRECI1T: Okay. I think we've 17 A sociatod with the annexation the applica0t is got it co within the sUP. okay. then 10 has requested a►D zoning fee this sire. Ar�i here's■ 19 discus All in favor of d+c mcijnn your right 19 link blowup of Cue site, We're looking at true 20 hand, d saute sign. 20 tracts usa+atod thorough the whole site. Tract 1, i 1 21 <.OOURDIP.: Opposed. 21 we're looking up hero In the noribweta comer of the 22 R RtSHEL: Opposed. 22 site Is looking to be a commercial-oriented zoning. 1Yre 23 My Art-LE 'Jpposed. 23 Iowa tract is also looking at commercW. I s', Add 24 MR ENDS ARECHT: Three to three. Moti 24 point out at this time that cutting through the canter 25 fa or a lack of a majority. Next item •. 25 is the proposed extenslan of rM2499 coming riot through PLANNING do ZONING JULY 28, 1999 Page 103 • Pnge 108 33. c. I _ Cood"Wit"' Page 109 Page I l l I here,this portion of the site, And hem's the future 1 policies,and,%giro,with the added design contro'.s 2 Mobility Plan. You can we that cutting H&through 2 that we V through the next phase of the Mall deign e 3 the cornet of this site and the applicant is proposing s 3 that would be mquinxd for coning,staff does moaananeld 4 commercial use in that corrnr of the r'• The 4 appro»I. 5 mrWrnder or the site would be reside and we do 5 Tberee arc a number of conditions and I'd 6 have some flood plains tsociated with this die in 6 Bite to go through them,each me separately. The 7 through here, also. 7 W being that tb: lighting condition,if there s,e 8 Very quickly,this is the conceptual dtxdgn 8 commerclal properties on the site, lighting on the 9 as being proposed. 1'11 Set the applicant explain this 9 property should be designed and maintained so is not to 10 a little bit more In depth. What we're looking at is a to shine on or otherwise disturb surrounding residential I l series of pones. greenbelts,open space areas throughout I1 property or to shine and project'.pwlard to prevent the 12 the resident dal portion of the site associated with the 12 diffusion into the night sky. 13 existing tm-s and flood plains that am as the site, 13 And then the proposed plan development 14 Again,this Is a concept plan that we're looking to 14 district development Oxidards,they were the Enclowrm 15 recomnxnd approval to the City Council. is 4 in tk staff report,should be revised as follows: to is The concept p1 of,u submitted does have•• 16 1.12,land and parrid ,the amotmt of serape 11 meet all the requlm it is u set fath In the code. our I7 permitted in Tract I shall not exceed 10 acres. We'd to analysis rinds that the proposed development to be la like to add that not exceed portion as we diecuesed with i9 consistent with the policies and sommUt consistent 19 the applicant, Should not exceed 10 sera,there was 10 with the trip Intensity standards of the 118 Denton 20 some discussion who they were at ORC that they weren't 2 k 0.velopmrnt Plan, It Is also consistent with the 21 sate of the total acreage, Qdte honest3y,it will 21 policies of she'98 Denton Plan and the Growth 22 probablrr go less but we're setting the cap at l0 acrd, 33 Management Plan, And also the proposed led uses are 23 but that did tat:xaocd 10 acrd. 24 also emsisiml with the draft Denton Comprehettsive Plan 24 MA ENaELBAECHT: Staff report says six, 25 which identifies this area as a neighborhood amid and 25 oorroct? Page 110 Palle 112 1 fw'ha wish the protection of the flood plala,which as I MIL tIF.i VWj: tract 1 is 10. For Trea 3, 2 we go through the conceptual design does protect the 2 shalt not exoted is 6cm. Tract 1,again,was the 3 flood plain. 3 northwestern tract. 2.06(c),lot width,the minimum Iot 4 MR ENGE7 BRECHT. could t Interrupt you just 4 width of any lot shall not be lea than 55 fact at the 5 a moment? Are you giving us the stndf report for both 5 building line exrgA that lots at the terminus of 6 7s and 7b? 6 cul-de•aac or WON street elb"*yebrows my have a 1 MR. REIcitwtT BOih 7a and 7b,yeah. 7 minimum lot width of 50 feet at the Whhng Ilse; S MR. ENOELBRECi1T: we only have the public it provided all oilier requirt'melts of this Section l't v hearing for 7a at the moment and that's okay. I just 9 fulfilled. If you'll look at what was proporo4 In said 10 want to het the Commistlonern know where we are on thaL 10 at the medico d the lot Of sameddnp;like that and it i t MR 0001HART Mayl91 didn't make myself I 1 was very Subjective how that would bo measured so we'd 12 clear but 1 thought I sold 1'd roll right into that. t2 like It measured at the building line 13 MR ENUELBRECHT: You may have and 1 ml3led 1 J Side yards,the minimum of 3e yard on each 14 it, 14 side of s lot stall be rave fees. A dale yard adjoced 0 MR RFlC1iHART: Hat's okay. is to a side street shalt not be tea dot I S red And 16 MR EvoELBRECHT: Okay. 16 we'd like to add In no cam shall a gangs door opening 11 MR REICIIHART: 1fi0 twdOM them were 17 be any claw than 20 rat to the w we originally has 18 tnun property owxn that w=ratifnA, 16 outcry I8 aide yaA we'd tike to change that to the rightrof-way. r 19 notices were sent regan ding the annexation and Jot 19 And that 20 fed of the S&W it gives you room to A i 20 toning. Flieganiing the annexation,"the proposed 20 park a car. If the Side rsbadc is 15 feed,we'd just 21 •levelopmeoI is In substantial compliance with the '91 21 like to make sum dW the garage opening itself Is 20 ✓ 12 Dmtm Plan Policies and Growth Menagmratt Plat)and with 22 fees back, And that's the same for 2.07 and the lot 23 the draft Comprehenkive Plen,staff re mnenda approval 23 width for 2.07(c)It the same rogWnment that w.+'d like 24 of A•89, And rVarding the turning teeommesdalae,also 24 to add for building lines. The applicant has brokm 25 because it Is in compliance with the above•mando d 25 down the dkvetopmertt standards into two areas and they P1 ANN?NO sit ZONING JULY 28, 1999 Page 109.Page 112 34, t, Coadenaoll"'e Page 113 Pager 125 I relsat to the different lot widtha d,+,re-Itints 1 mac concrete site plans that we're looking M and maybe 2 proposed In that zoaing. And,again,they^.era go into 2 there's certain building elevations that are more 3 that a little bit more in depth. 3 critical then others. 4 And also one that we'd like to add,an 4 The amount of building materials,staff S additional condition we'd like to add is on page 21 of s looked at that as a positive as opposed to just nailing 6 their proposal. We'd like to remove Section 3.07 wN:h 6 one building material dotty and Bret I*are looking at 7 is the roan socdon. And the reason for that is the 7 a wide large of building materials that would be s Denton Comprehensive Pis has tddreseed roads in that 6 compatible with whatever is happenln;in surrounding 9 there will be tu^especially with annaller lots,where 9 area. So that's*by we didn't alter it We can.. 10 we may be able ni allow amaller than normal street to obviously,you have the ability to reduce the amount or I I sections,require lets pavement. But la order to do I l wood,strike that completely and analyze it at the 12 that,we'd require on alleyway In back of the houses so 12 detailed plan phua 13 we would have basically backloaded houses. 7be reduced 13 MR.RISHffi: t think one of the things we're 14 road then would get the perking in the back alley. The 14 trying to look to In our Nhn planning In the City of I s applicant Is proposing to reduce the road widths,but at 13 Denton Is ways to promote more pemmrcnt•type buildings 16 the same time,they have not really shown any alleyways 16 as opposed to Myear buildings that we ace under meted 0 In L'te concept plan. Now,both of these,the reduced 17 building type of atruc arm So I'm looking for a way IS road width~and alleyways can also be afdreseed in Cc I It to enhance that desire that we'd like to have in our 19 detail plan when they come(award with Ihd. But at 19 community,particularly things that hue along auJor 20 this time weld just like to strike that whole section. 20 highways for to and thorotghfar". 21 1 w6nt over the majority of this fairly 28 Under the neat thing right there,and H's 22 quickly, If there are any spordIc questions the I can 77 more of a point of interest or a question for you,the 2) answer,I'd be happy to do t:tt now. 77 1,04.building helghta,thme•Acries,is there a 24 MR ENOrtsucw. Questions? Mr.Rishel, 24 requirement when we talk about stories with regard to 25 MR RISHEL: Lul r my page 16 which heads 23 overall height of a building. in our restrictions that Page 114 Page 116 s out Whrelor Ridge under your Section 1.03,this is t we have? Is there anything that limits to 42 foot or Ss 2 talking about commercial Tracts I and 3,is that 2 fool? 3 correct? 3 MR.D MALOSON In the Zoning Gxle,a story 4 MR.REICHIMT. Correct 4 is drfined el do as the distance between a floor and s MR.KWIEU okay. I'm a little bit s ceiling or 11.6 fat a 11.3 fat, a conocmed about the broadness that we've made the 6 MR.RISHEL: So it denhas itself, Okay. 7 building materials undK this and it says,all main 7 hunk yom it buildings shall hive an exterior finish o(F)PA stone, It MR.DONAU)SM: hack w 1.03,building 9 stucco,brick, tile,concrete,exterior wood,or similar 9 materials,they specifically do not mrodon metal. 10 material in any eombinaton themf. I don't think 10 Met WHEL 711snk you. I I we've ever done anything that broad. I'd like to we a I I MR.DMAL MON: You mrntooed metal as acing 12 higher concentration of less wood and snore stu000, 12 one of those things that we don't want. 13 brick,tile• and concrete. I2 MR aEtet wr Pone,stucco,brick,tile, 14 MR. REICIIBART: You can change thaL 14 and concrete,ire majority of those could probably be Is MR. RtSHEL: Is this an oversight or is this is coriddered masonry. So sva am looking at those a being 16 something that we're moving toward? 16 more of s pennas I -- It MR.REICHHART; No,I think staff looked at li MR.NsHE'L, I'm men•otmocmed about the is that,one,as a limitation of 1S percent of tote! is wood pat and the maintenance that's required on that r 19 exterior wall surface as being 167 wood style— 11at 19 and the W that it may or may not be maintained to be A 20 left 75 percent being glass,brick,masonry,and scoot, 20 the visual we'd like to sae in our community. j r 21 which are similar to what we typically have been 21 Ma.sucER: Let me be sure I'm clear. Whit 22 requiring on buildings and sometimes 100 percenl and 22 you'm aaylrg Is they cmW have worded this that the 21 sometimes it's chore We could soy at a minimum 25 23 building materials be 73 percent masonry. 24 percent or at a maximum of 25 peroemt and that could 24 MR.RElcxit is Yes,they mold have. 23 always be revised at the detail plan when we have some 2s MR.POWM h Mr.Chadnnari .. PLANNING & ZONINO JULY 28, 1999 Page 113 • Page 116 35. ` I Coadeasolt'vr Pays Ill Page 119 I I MR.FNOELBfIECHT: Let IN I just Want to 1 plan addresses that a little bit,too. I arart—and 2 interrupt, an administrative stole, if you're pushing 2 than may come a time when we can't provide services to 3 your speaker buttons, this Isn't working. It's off 3 a site and we won't anent it because we can't. 1 don't 4 again. I noticed, Mr. Moreno.l think you had a 4 know if that's a yew off,rive years off,or what but s gacstion. 3 that may happen. 6 MR.MO^EVO: Yes,1 do. 6 Ms.BUCEK. And I might Comment,the new 7 MR.ENOELBRECHT; Okay, It's on again. All 7 murexadon laws talte effed Ceptennber I. On a service s right. It's on again. a plea almost all savices have to be provided within 9 MR MoRENO 2 have a question in regard+ to 9 seven years ands the old rule before you could arwrex. to the annexation service plan which is page 26 o•. 10 And that's been lowered. l'm thinking It's four yews, I I Enclosure 9. Given all the annexations that we've been 11 So in other words,ere can't even came forth with a plan 12 facing,am we complying with what we are saying we'll 12 in the future unless we ay we can do it in riot period i 3 comply with on a seMoc plan? I S But you're right, in this here we're way under the sewn 14 MR. REICHHART: Yes. E}my time we get an 14 years but It looks Wre it's all automatic. 1s annexation request, we do a request for services and it Is MA E uzitECHT: rd Just like to Interject 16 goes out to the utilities, the polite,the rue, library 16 one question. G this a voluntary or Involuntary? 17 systems,parks, and ail those departments rely back to 17 MR.RE111M .'.r; ibis is a voluntary 15 us as to how they are •-whet they're typkai resp:arse sit annexation. 19 time would be for an emergency call,if they're going to i9 MA ENGEIbRECHT: 7h&*you. Mr. PoWep, 20 have to put on additional staff in order to meet those 20 Ma.PowELL- ce sine beck to page lb,item 21 mspontse times, will we have adequate parks In the area 2: 1.03, I'm wondering why the word"maln"is there and 22 to service this site, and all those type of lanes are 22 not just all buildings. Why do we say "ail main 23 addressed prior to going to tic rust reading of the 21 building."? Arc there some auxiliary buildings we 24 ordinance, 24 should be worried about? 21 MR,MORENa, 1 can son possibly if police or 2s MR REICiawrl: Ove may be, We can strike Page 1la Page 120 1 fire prowi ion is needed out there within 60 days WIx I "main" and just say all buildings. 2 the effectlta date of the annex ation, I an see us 7 me.PowEtL: I would prefer to. Of course, 3 probably Complying With that. But what about solid 3 whether we put utter In a motion,l don't know,but 4 waste colic Olon and water and Waste water(sourish 4 personally I'd prefer to get that word"main'out of s On we do that? S dune and if we're going to love a criterls.I think It 6 MR REICHHARr: There are oilities•-It 6 should affect ail of the buildings,not just,quote, 1 wouldn't N our msponsibility now to bring utilities. 7 nWn buildings. I I man,au the development gees forward,it's the g Me.Esa jLm.is okay. Ms.Gourdie. 9 applicant's responsibility to bring-we love utilitla 9 x13 omRm Thank you. I have a question 10 In the ores, it's their rcsponsibil; to bring them to ooncernirg Tract I with the commercial property. You I I into tl,e site We have enough capacity In ere system to I I said it was—is there any problem with the strip I2 scrviee this site. Okayf We're not going to be taking 12 commercial sense happening with this plea of property 13 the water min out to this fight. Our system ha enough 13 right to the•• I door know,is that south or north on 14 capacity to seMoe that site, 14 this road? is Ma MoeEwo t guests basically 1 was Is MR.aelcHWTn North,It's troth ef this. 16 concemed about what kind of bwdens we would be putting 16 Ms.ooumx, i think it's west for some I7 upon the di fferent d parlmenu wi.hin the City of 17 teasort. I t 0.•nton,but you have addre d those with the is Me.REWtiRART: we have site Control, 19 department♦. 19 basically,over the detailed plan. And at thus pbase wle r A 20 MR REIC1111ART: 011,1 mean,there's 20 could prornow other vel type of deopttents a opposed to j f; 22 definitely conam about additional staffing that's 21 strip development. I'm rat sure how we would tarn that 22 going to be required roe all the••even solid waste 22 but when a&-Wlzd plan is brought forward it would 2) pick up acrd all the depaMxnla That its concern. 23 say strip dtvelopmmt and doesn't most Certain eriteris, 24 And as we look forward to future annexation plans and 24 we ears discourage that type of development. 21 how we're going to grow arid,egain,the comprehensive 23 Ms.00I:RDtE: Also Lilian Miller and PLANNING A. ZONING JULY 28, 1999 Page 111 - Page 1120 36. t i CondOnaeltt"r I I Page 121 Page 123 1 1 Teasley Lax has barn setting a precedent concerning the I fencee on steel posts. 2 way tae buildings here boon being built with pitched 2 MR.ENOELBREM: On page 17, 1.097 a, 3 roofs ad,*n,with the masonry issue and so forth. 3 MR.RFICHIIART: I don't think••1 mean, 4 I'm just curious,there's nothing,at Lead I can't find 4 that could be interpreted at the time of a detailed plan s about a pitched roof, s and that could be left up to-- 6 MR REICHIIART: we can W7tainly ask the 6 MR.RUSHEL: With a r tired Connote Wall or 7 applicant w hat they're didnki.ag is on that and that Is 7 a tsst cossets or concrete block,would those all be I something that we can definitely put is these controls I similar-type materials urKLr our classification now? Y that we add 4 on 12 pitched roofs,minimum•• 9 MR.REteHWT: Well,under a drib 10 MS.OOMIE: [just kind of got the feeling 10 definition 0f masonry,yes, they would be. But undo an I I that dnee we darted that precedent and everyone's boon 11 loterprctaoon of brick or done or other similar 12 using this as the showcase•• 12 material,Is,wuld be classified on a look And we 13 MR.EN6ELBREM., To be In chuacler wRh I3 could prohibit block. 14 the resideni ial lxighborhoods. 14 MA RISHEU Right. I guest my question Is 13 M.S ODURDIE: We're Oways saying this Is is It looks helms oementatloua board is booming 16 how we make neighborboods distinguished. Were they ever I6 aemmt•type material so I'm worry about the wood look 17 offered the••I guess were they ever offerd the 17 here and does it comply or does it not comply. 19 initial one that everyone's been passing down at they II MR.REIcHHAItr: I would think with the 19 head south down Teasiey'I If just kind of goes from one 19 applicant,and the applicant an answer this for 20 dcvolaper to the other. So I goat d r,,didn't know 20 themxlvaa,but with the proposal being it brick or done 21 about It or•• 21 or other material,f think they're looking for certain 22 MR IIFICHHAIIT: We probably an ovendght. 22 design control and a design look float they're trying to 23 Ms.oOURDIE: That's fix l was just 23 promote through the whole subdivision and that will came 24 curious. riank you. 24 through if link bit more with their presentation. And 2s SIR DONALDSON: Again,this is a concept 25 1 think they're trying to tie In and they have bridges Page 122 Page 124 1 plan before any development. A detailed plat has to be t and walkways and difrereat things that they're PI posing 2 approved at which time we could see elevations. We may 2 thru%hou t the whole subdivision that maybe With those 3 decide that s fiat roof looks.good 3 graphics in their presentation tonight would become a 4 MR. RUSHEE: Question. Carrying you 4 little bit clearer in what they're trying to pronwte. 3 formula through on heights,on page 20 water the 3 Yes,that does leave It open to a little bit more 6 resident id +cctiot%it talks about structures being as 6 broadax iarerpreation and we can eliminate that to say 7 high u two and a half stories. As I am through that 7 cot to Include retain materials if the applicant and I 11,5 factor and I'm trying to get a half a nary so I'm I Commission home to some agreement or something. 9 at six or so.I'm just guessing, 11.3 sad 111 It 9 Ma.RUSHEE: 1'd like to hear from them, t0 might be 29 foot of height for a building and I'm seeing 10 'Slut's fire. Thank you. I t ••you might have of a nlw house that might have a I I MR.E tuftwff. Other questions? Page 20, 12 l4112 pitch and a lot of that would be roof structure. 12 No.3.03,it has to do with the screening along Robirtm 13 MR DONAIDsm Tie helglrt above the plate 13 Road and Teasley Gux. Obviously,a variety of 14 line is mea<ured at the mldpaint between the plate line 14 materials were all"ed. I will go to my standard 13 and the rldg*,so there Is some flexibility in then. 1 15 question about the continuity of the view, Due that 16 don't real I the exact larnguagr but I can get IL 16 man that we con just ndx it all up through there in any 17 MR RUSHEE: I'm just making sure we We 17 form or fashion per lot or Is there some standard scross is =41 fkx ibility,for the bulldw to do the quality of is the•• 19 house that Ice want to do. And under—between the 19 Ms RCk•Hiw h i think.with mi discmion ' A 20 the screening wall between the separation between the 20 with the applicant,they're looking to put in one style 2I commercial property and the residential property,I we 21 of fens slag there but I don't think every other lot 22 that that Is spelled out es stone or brick and those are 22 is gohg—where you're golng to find m yea know, 23 the only tie o criteria we have In there,or similar 23 wood fenoe,one metal fence,om wood fence. 1 think 24 materials I low arc we Interprttirg dmdw materlalt at 24 they're 11111111111110 be looking at dairy some type of a 23 this point in time lH our••there WWII any wooden 35 design these and,again,during the dotal)phase we Can PLANNING & ZONING JULY 29, 1999 Page 121 • PRge 124 3 I, t f,A0de0blt� '. Page 125 Page 127 1 we can nail this lot will have A, B,and C. This lot t MR.ENOELBRECHT: I've got to ask s question 2 will have --this allows for a wider range. Some of 2 while we're hero. Don ale State put that traffic 4 1 thus views they want open. Some they might want to 2 signal in or do we have to pay for the baring under the 4 screen and provide some more security. 4 road? S MR.ENOELBILECHT: okay. Very fist. ! MR.SALMON: Well,the City typically has to 6 MR.RISHEL: Are they aware Of the ctepo 6 pay for most of that The City will probably pay for 7 mynk clause We have raw? 7 most of that I MR.REICHHART: I'll make them aware. 8 MR. ENOELBRECNT: Okay. That's going to be 9 MR.ENov BRECHT: Any other questions for 9 toalderable,I would suspocl. 10 staff? 10 20A SALMON: Yeah, s traffic signal --Of I I MS.APPLE: I have 00e, 13 roune. that'it a dnece way --a traffic$(goal for a 12 MR.ENOELBRECHT; Okay. Ms.Apple. 12 typical four-way intersection is about 5100,000.00. I I MS.APPLE: I want to just completely switch 11 MR,ENOELBRFCHT: Thank you. 14 gears and ask a traffic question end I know it says the 14 MS.APPLE: Thank you very much. IS traffic Impact analysis will be dons down tits road 1s MR. ENrialluCHT: other questions for staff? to during platting or prior to platting. But l guess I'm 16 yes,Mr.Powell. 17 just concerned because I know now it's very difficult to it MR.POWELL: Tract 1,commercial,will that is turn off of Ryan kood onto Teasley. Thera on times of is &I low office? 19 the day where you literally will sit there for maybe 15 19 MR. •REICHHART: Right now it would. 20 minute just trying to turn and the density of this would 20 MR.POWELL: just asking whether that 21 greatly impact that Are them any-- and David may 2 i particular zoning would allow offices. 22 have 1D address this -- are there any future things 22 MR.RExHHART: Yes,it den. 21 coming up;red lights or anything that would make me 22 MR.POWELL- Thank you. 24 feel better about that? 24 MR.ENOELBREM: Otter questiow? Thank 25 MR RE1Cl2ftkn t can let David answer that, is you. Keep In mind,CommiWonea,we're actually on Page 126 Page 128 1 too. But I ktww die Vd k snklyst:the is required i In which Is the annexation. We got the anff report 2 Is taldng into account where additional land may be 2 on all of It. [a petitioner or pedtlona'a 1 required for left turning,right turning,stacking,and 1 elamttative present? If you would Site us your name 4 those type of Issues. And I'll let David•- 4 red business address for the?card and If you want to 5 Ms APPLE: rbere's plenty of stacking. I'm 5 expedite the next public hearing,you might just go 6 worried alxan it stopping. 6 shad and fill us In on the information with regard to 7 MR SALMON: Yeah,what Larry just sold was 7 annexation and the zoning, as well, s accurate. Obviously, ss part of No ci veiopment s MR ANDERSON: okay. Mt. C"hAIMM,my name 9 there's going to have to he some additional turn land. 9 is Bill Anderson. I'm with Dowdey,Anderson and 10 We typically have been having developments along Tacky 10 Associates. We're a civil ettSineaittS rum in D.IIss. I I Lane participate in traffic signal improvatents, So all I I N'a've been working on this project tot aeveral months 12 of that will be part of the formula when they come into 12 and before we over began a IayotA or anything eioe on 11 plat and tts.•yI II have to have a traffic impact onalyols I I the property,my client which Is Eaatem Development 14 to delcr irk what their participation amounts arc going 14 Company wanted to do wmvW%that was duly unique. 11 to be 15 And we studied the area,he found a plwe of property 16 However,one piece of news I guess I can let 16 the he wanted to pursue,which happesssd to be this 17 you know about this evening,we recently did a warrant 17 particular property here, Before we ever desaminod a y 18 study at Ryan Road and Teasley Lane and It does warrant I I rat goala,We came in and looked at who the City had 19 s signal. We have forwarded that informadon to the 19 m their matter plan to It's not totally eolneidental A 20 State and we think that we will be seeing a hM9 20 that tonight that we're trying to comply With it It's 21 signal at Ryan Road sod Talley in the very near future. 11 beaux we started with the given(nfarmatiot and then 22 MS. APPLE: Oh,Mesa your heart. Pays 22 flied to work within the framework that that was 21 what I west •-I f4urod with yotx knowledge that you 21 Siva. We met with the County,we?net with 24 might love wrngthing that might make me.eel a little 24 am City,and basically this play of property that you 21 Marc com&xtable with everything out there. Thank you. 29 on hoe,there's a tree line that mm in?leis PLANNING I zomNo TLY 28, 1499 Page 123 • Page 128 38, , Cocmdcaaoltty' _ � Pace 129 Page 131 1 direction and it's predominantly post oaks. Our 1 those different communities,stepping off tots, seeing 2 experience in development is you can have tree 2 the iniegrate things bocium if you road any of you 3 ordinances,you can do developments,but It's extremely 3 National publications,Jaee are the type of communities 4 difficult Io-volt around a 2mnri oak use. It's just 4 that JKy try to highlight. The good news Is,I guess, 3 kind of a unique tree, So wbat also made us very unique S Is we am doing some things right In Texas. I tram, 6 Is that's an old pond and it's only about two or throe 6 when you go and look at a lot of their commumhles, 7 or four foci deep coo It's not a quality pond. But this 7 they've actually gal norm that we use In Was and 6 woo Is mttque that it's a long thin am and that was I such and a lot of uncle land planniry,et cotes. But 9 sonxthing that we w treed to Nghlight. It's also on s 9 what we did notice down there Is they have a lot of 16 ridge and sec it's not coincidental that that ridge is to pocket parks, They like to use that concept. And,of I 1 involved In the name because that is part of the 11 owes,amenities am popular mywh ay. That's Ana 12 ekment. 17 With this particular plan we wanted to cane 17 Anyway,that was real impurtamt that we ssw 13 in and out main entrance for mwkstirly reasons a either 14 the character of the land that we had to work with in 14 going to be Robinson or Teasley. We feel W Teasley 15 the beginning before we started doing any land plans. I f will ci e us IN rise that we're lookirp fore of 16 In addition,there's an exiriing pond hem and there's 16 them mad It gets to 0 I H*where vm war.,to put an 17 an existing pond hem that the Wheeler family worked 17 amenity center. We incorporated that round ch.te as a 16 with over eic yam and created. So in our ptanning we I I traffic circle, That was orally a a discussion with 14 we wanted to Incorporate that. Technically,it's in a i9 sine staff,et cetera,because we're seeing that that's a 20 flood plain but It has been turned Into a nice aerie,of 20 way••we're seem speed bumps are becoming popular, 21 lakes and such. And to what we can we're going to try 2 t tralTic circles,ways to how do we Slow people down but 22 to work the meanders of that lake Into our plan. ' Sao move traffic through communities. We're doing It 23 Okay. Now I'll get Into the elements of the 23 on the from end, 24 plan. Some of the givens am thus;s INS Intersection 24 The other thins Is we have a bridge that's IS of Robinson Road and Teasley to us was some:na of 23 at the beginning over whom tan finger is that we sow In Page 130 � Page 132 1 opportunity. We're riot 00 pa cenI stirs what that I Cekbrufon where it's actually an mcbed-type bridge. 2 opportunity is but it is•• Robinem Road will be a 2 It still makes the traffic now but when you go by that 3 rout-lane divided and Teasley will be whatever the 3 bridge,It Slows you down&vwwhat is you're coming to 4 Highway Department ultimately ddefral es. And when 1 4 and out of the community. s say that, I used to work at the Highway Department, S In 1"tion,l guess I'll turn to another 6 When yns can justify the U%Mc flow,they will then 6 page in our plan to show you a couple of the elements 7 spend the nweey. It's kind of I.that's just the way 7 that mar want to Incorporate. What we'd like to think Is I the Stai s w(ns. But In any rvmt,Jot was m I is we'll have Something that larks approxtnalely litre 9 intersection for us. 9 this as you enter Into the community. Theft's a Iry 10 limn the uther is there's an exising power 10 n Weritng of it off Teasley, We want to take into I I line that runs m a disposal. Okuty7 We've alresdy 11 considrratlon that we do have a neod plain. It dos 12 talked about 2499 coming up ahem, 1 don't k,sow If that l2 wry water through dot but we also want to make that I) will happen five years, 10 years.20 years but we're I) an amenity fir mar project. As you can sae,the wbxl 14 assuming shat it will happen at some point, So that 14 in ;51s era here,test's the little arch of the rod 15 line made s natural barrier bet,team what we would is tbst we'd like to irmoorporate. We've talked Jot over 16 consider single-family and some other use. it also gave 16 with staff and 1 don't think they'll have any problems 17 us a buffer between what ultimately will be 2499. Those 17 with that. IS are all the clements that we put in to••take into I I The next element, and theft v a a lot of r 19 mns+derstitn before we ever really cure riot planning 19 discussion earlier regarding building materials that ! ' 20 because those are givens of surrounding Information. 20 we're wanthig to do on our commercial 1xWerty. One of 21 The next part of our presentatim was we 2 t the dningt that we'd like to incorporate in ails project 72 wet down to Florida and looked at muster plan 22 ••by the way,in Starting this project what we tried to 2) oommunitics in Orlando and In Tampa to we amts of the 2) do was go s road and Incorporate our team together so we 24 things such is CekbraJon to sec the pro cad cat that 24 incorporated an arehitact,fxw Architects,to work on 2! they had done. And we spent close to a week walking 23 our amenity center on the front cad of at project. PLANNING &ZONINO JULY 28, 1999 Pink 129•Roe 132 39, —r i Condentwltn' Page 133 Page 13S t They came out and looked at the property and everything I pia anta,the one at the northwest carne,into 2 like that. Land Oesign Partners is out lan&cW 3 'a 1 community. One of the planning elements that we did 3 arch1w. We've already brought them onboard. We've 3 in Ibis Is as you took M our plan,won don't It"any 4 walked the property. 'they've seen the land ptm and 4 Iota that beck up to Teasley. We mod to beck off of S everytldny like that. So many of the elwaatts do-t 3 it and we wanted to go with a greenbelt along thee. We 6 you're oaring here tonight am after a lot of discussion 6 rxl like that's a—h all them planning and primary 7 that we've had with the team,trying to put everybody 7 Image none. And that k an element we Inotryorated. 1 together on the front end of the proJa't. 4 But what that also allows us to do Is we can have 9 Thl n is an amenity center with a pool an 9 trails,et otters,that you're not having to walk down 10 that we'd like to put in there. There's m existing 30 t!t; cy ditch of Teasley. You're xtually removed from I I home that's kind of sitting In the center of the I I it and it allows for pedalrims or bicyclists to go up 12 property and basically in that same vicinity Is whrte 12 and down them but twt have a conflict with traffic. 13 we'd like to take and put the amenity ante. You can 13 on the north,thrm's an existirp pond where 14 kind of we on overview of what that ice. It has s lot 14 my finger Is. And we felt like that would give w 15 of dirfurmnr features In lt. Of course,You know, is adequate acmes from that two directions so that won wield 16 architecture is tip to taste. This was baslcdly a t6 get Into the oemte. It allows people to yet easy 17 concept we trod to do that brought some history back to 37 access to the center. We did try to take that Into I it this type of an environment. And you we the different 111 consideration. 19 building matcrials. 19 The last eletto t.and I touched on It 20 The lske system that we have on the north Is 20 earlier,but it's tally to m the foal point of the 21 Robinson stood and then It curves down,as I discussed 21 overall project is this linear toil system that we have 22 earlier In our overall plan,and it comes nut at Twkey 22 dap theta and that cur Use post oast tree that 1 2) and then it will be along Teasley. Hat's Just a quick 33 described cutler. What we'd lilw to have Is we'd tike 24 overview of what we expect to do in that era. And then 24 to have singly-loaded Iota that face onto that bat rt 23 one more quick glance of an overview of wbae won want to 25 have a pant m it's kind of,If you will,a antra _ Page 134 Page 136 1 put our amenity onto. It's a fairly good six armunity i park-r,te linear"I. The good and the bad Is—1 2 center but we left enough roost,and tike I said,Ilex 2 Sum then really Isn't a bad -• It takes about 11 3 are some toms in that vicinity, u well,where the 7 acres,a minimum of I1 arras on this ths:you sea In 4 actual main clubhouse though is a thinned oat are where 4 gm"belts,which Is for in excm I think the Parks S the Lima••hecause the homes and everything was $ Department would be something in the order of like far 6 airendy there, So we kind of want to ses tone of dot 6 and a hair to five am 7 Into that area. Thou are the••those arc some of the 7 But those were elements that have givens on 1 larger elaYS.mb. 1 the property and we fell strongly enough that we would 9 What 1'd like to do now Is I've kind of 9 try to work these elements into our plan. I've kind of 10 briery gaw ova it and I'd l Lice to to x c••loci to to taken year am so what:'d like to do is sit beck and I I the overall plan. The commercial Carr that won have I 1 answer my gttestlora you might hove and go forward from 12 that would be at the northwest ceroer of the property, 12 there 13 that's the one that we have as kind of a floating area, I) Mit ENOE1BRWW., Commissioners? Mr. 14 the largest we ever envision that It might be something 14 IliaheL IS like a Very store,m anchor, But that's the nwImum I S M0.wHEu on the Ipembelts In the 16 six. We dust don't anticipate that there will be that 16 noodway that you have,.do you anticipate those being 17 dcrwnd. E lowmve,therm are a lot of home ion the area 17 deeded to the City? I/ that may need dentists,doctors,ct cetera,and that 11 MK AnworN: No. The cosy we're 19 could also he used in those vicinities. It an hove 19 andcipatiny it tight now is we're goitp to have a r 20 smioe toe+. The area,quite honestly,down at 2499 20 master Homeowner's Assocfatloos on this property and It will probably sit there for a long done because until 21 that would be ° there an rote miss that we have 22 2499 devtlivs,I don't really anticipate that wmmercid 22 discussed with the Parks Department Tltero is rome 2) use. So it nay be many years off. 23 discuaeion about mom of tat and they mlghl pudcipate 24 When we were working though this one of the 24 in,but in summery,these open apace pred OOn n ndy tvit 25 things we tried to do with staff war how art we tk the 25 be maintained by the hlomeowner's Association. PLANNING & ZONINO JULY 26, 1999 rage 133 - Page 136 40. i Coodeascitt" Page 137 Page 139 1 MR. RrSHEL• As I look at the p;aoamrnt of I MR.rmi: itixi ': other questions? Irma 2 your••what you've tided entry road appropriately, 2 that all. T7,aok you. Oh,yes,Ms. Goundu. 3 probably Whaler Ikiw,Is the bridge that crown-- 3 Ms (KXWIE: Although you really don't have 4 does the bridge cross the floodway or don the floodway 4 %ny plans for what you're going to do with to top S come on pat your•• s commercial arts,again. I see from what your drawing, 6 MR ANDERsoN: No,no. Actually,if you 6 the caweptwl drawings,y'all have some wonderful 7 went out tree today and looked on the property,it 7 imagination in architecture and I think that's I dom't even look like there's a crock. it's just a s wonderful. I'm conoerood. Is that+sere kind of 9 gradual deal. Okay? And when FEMA,which is to Rood 9 architecture that you're planning for yaw amenity 10 %envy, idcntifced this it's not a model creek 7d it's to center what the r i m t idea was,would that be kind of i I not that lv6c or a crock But what they tend to do I I drawn into the tame areas when you go into yaw 12 when they got upstream of a major creek,they just put a 13 conunaciaf we"? 13 large blob, For lack of better words,around an ruin and 13 MIL ANDF.IISON: No. One of the things we 14 tall that flood plain because they know that's water :4 looked at in this project is we wanted architectural 13 coming thvoryh there but they haven't exactly at"od is oontrol with the HoA for this ovasil development. And 16 it. We know that we'll have to study that. But the 16 the only remora 1 tell you today that 1 couldn't tell 17 actual shape of the creek comes more nf an angle like 17 you exactly whet the architect will incorporate in his I s cis in a mc:ardering pattern and int ,L;�'vt right 16 look,we would like to take sonic of the elements. If 19 here. 19 there's something about the signege that he puts in 20 And then what we're doing is in this arts, 20 these,fa inauwe,th°•can have some of the elements; 21 this Is exactly where the crock is today and all we're 21 rhat we might have in our bridge or might have in our 22 doing is in this arcs but trying to Sn it from hre to 22 amenity ante or something,we would Bice to 23 hat. So we'll have water features and then have the 23 incorporate those things. I just kit San Antonio.for 24 bridge,the Arch-over,and have fountains so it has a 24 tnstanee,and they have a plea called to Quarry and if 27 nice pop when you enter. 2s you want and looked at that,it's an aweaorre display and Page 138 Page 140 1 MR RLSHEI: Okay. Think you. I if I tried to explain to you the building materials in 2 MR ENOELL41LECUT: Other questions? hSr, 2 it,you might have it hard tLtte with it. But if any of 3 Powell. 1 y vj hart anti it,it's a redly ocnsludiry zing. But 4 MR POWELL Yes. You used a term that 1 4 it g ws AnNtmta th ahRity W do some things. s didn't quite catch,you know,when you spoke about the S Ms.wt;Kmc: wattd you,wbem you cote back a post oaks and you spoke about the be uses and you were 6 1 us with tie detailed plan and to forth,would you 3 talking about sorne kind of loaded and that went tight 7 L vc a better idea of what you're planning? 8 past me. I didn't get what you said. I MIL ANOERsor? i don't know tut 1 will in 9 MR. ANDERSON: okay. hl err planning 9 the commercial. What we are Leying to sa up Is••and to terminology we call •-*t'll have a double-loaded or 10 whawor that takes to establish catain general I I single-loaded, and basically what dw means Is if you I I criteria,but wben they come Into develop the commercial i 2 go down the street and you only have houses on one side 12 they've goo to go through a stria of two entities. The 13 of the stroct that ate facing the+tire,we call that 13 first is they will have to go through an HOA for the 14 single-loaded. So what that rnea i is w1mier you we 14 development but they also have to go through your is those oak trees,there will be homes that will be fs ,ng is process. 16 but they'll be across the street from One long linear 16 MR.13AnRwHm This it a to so they'll 17 trail. Arid then Inside that trail system,it may tat be 17 have to come back with the detailed plan. i a a concrete path. One of the elemmth that we're looking I Ms.oouRUte: My concern is the vlaul r 19 at iv there's a cinder-type material that we could put 19 Raped of it and so that's just kind of my Uttk hint. A. .., r. 20 in and it's a plastic edging and it really feels like 20 Thank you. 21 you're walking through the woods. It's a tot more 21 MR.ENI MILECHr: Questions? Yes,Mr. 22 natural. 22 Moreno 23 MR POWELL: The only thing I didn't catch 2) MIL MOMENO Yea, dr,Mr.Aodason. It 24 was that loaded part Now 1 undentatld. Thank you. 24 looks tike you've done a very good job In bufraing your 23 MR ANDERSON Thank you. 25 homes along iht,l think, western boundary therm from PLANNING X ZONING JULY 4g, 1999 Page 137 - Page 140 41 . c Con4#cnsoll"r Page 141 Page 143 1 Teasley Lane. But my question is in muds to i would be quite a challenge. But this is a marvelous 2 buffering of about 14 different lots from your 2 situation compared to totter things dud are going these. i 3 conunercial am up there. You really you've gat 3 On that commercial strip,l think if you look at what's 4 residrntlal,I think,right up against your commercial 4 of the other side. Up there anything they do would be a '.. s properties and I'm wondering have you Own any thought S lot more attractive than that little strip that's there 6 to some burfering there at do You think you an market 6 almsdy, to fact,! think most of those units are even 7 those lots right neat to a commercial areal 7 closed. But in any even!, I think this would be a a MR ANDERSON: Tbat's a good question. It's It marvelous addHon to the City, 9 always difficult to know exactly bow to blend from one 9 MI LNOELBREC91r: iiAA you. Any questions? 10 type use to another typo use. One thing that m are 10 MS.00URDU: I just want b sty your I I saying up front Is though,and many cities lave it but 11 property is beautiful. And every bore I drive by it, l 12 not all citiar have it,we wad ahead and wrote into our 12 dream of owning your property,so if you ever have a 13 PD about the masonry requirements that we would have n contribution in mind,l will take it over for year. 14 along there, Tbm only other element that you could 14 MR.ENOELBRECHT. Is there anyone else 15 possibly put in them is In the nova a rcial if there wt. Is present who would like to speak in favor of the 16 tike a Iandvape strip on the back side of the center. its petition? Anyone else present to speak in favor of the 17 I've kind of got mixed emotions about that because 1 17 petition? in that case,Is there anyone present who I8 work a lot in Coppell, u an example,where they did 18 would litre to speak in opposition to the petition? 19 only commercial side. She problem is any or the shrubs, 19 Anyone present to speak in opposition? Seeing no 20 trots,et cetera you put on the commercial side,Mort of 20 opposition,the rebuttal is waived. Public tearing is 21 them are blocked by the fenm So if you live on the 21 closed. And we'll ark Mr.ltekhhw% rust if he her 22 subdivision side,until the true really matures you 22 any final suff remarks. 23 really don't even get the benefit of it. So if we did 23 MR.REICHHART: rust to•-one of the 14 anything I would rather Intem y the landxepe on the 24 corAtivms, 1.09 Is that them would be a six-foot I$ back yards of those homes thN abut that. So when you 2s screening wall made of, I believe it wait stone oroge 144 Page 142 I took out your back window of your home,you arm sit the P wooroy or otter similar material that would be 2 landscape with the will on the back side of it 2 developed st the time the commercial property is•-that 3 MR MGRENa. okay. clank yvu,air. 3 would be page 17, 1 just wanted to point that out 4 MR ENGELDRECHT: Other questions? I have 4 They would address that screening at the timer of the s one. As I undersund it them would be pedestrian s commercial develop mL But,slisla, this 1a two 6 access to that commercial cmkr from the south and from 6 hearings. One is for the annexation. And am is for 7 the out? is Oat what you wart.saying? 7 the zoning recommendation. And 1 just wanted to••and 8 MR ANDERSON: Yes. s we do have two separate recommendations. 9 MR. FNccLBRrc r'r: dray. Very fine Stank 9 MR.ENoEt aKwa: commissienkra,do you have 10 you Is there anyone PL t1A tvbo would like to speak in to any questions for gl47 1 only opened the public I1 favor of thin petition? Yes,sr. If you would please l I bearing with regard to A,so we would only need a ••at 12 give us your nuns and adebas and also Indicate whetter 12 this point be able to take a motion for the top on page 13 you're s&Ir&xsfng the issue of caning—of annexation 13 7. 14 or of the zoning to the Planned Dmlopment 14 MR RIBIIEL Make a motion. 0 MR FREFAAN: Bath,I suppose. My name Is IS MR.rNGELBREM; Mr.Rishel. 16 Joe Freeman. I actually live is Flower Mound, My 16 MR RISHEL I move to recommend the 17 Interest is 2 won Ss sera rigkr Kerner the stmt IT approval of A•89, 18 MR ENGELBRECHT. day. You can point at It 1 g M.7.A►PL L Second ! 19 right here. 19 MR PNGEtBRww: Baer moved red seconded to .4, �. 20 MR P"11 AN: R's tto+v operating as an 20 recarmrrend approval? Any discussion? / J It equestrian facility. I think asecxtaion nukes sense now It MR eucm tot me ask you this. Do you we 22 on bah swo of Teasley. I think this Is a marvelous 22 on page 77 The staff's only Mcomnied"Oe,do YOU U proposer Sometime ago,I had proposed zoning,and rot 23 MR ENGELBREC1rT: We're Going to take that j 24 one resson or another,the thug hasn't gone so I'm 24 one next i 25 going to have to mWnk certainly to match that. 'oils 23 MR sticm. okay. I'm scary. PLANNING & ZONTNG JULY 28, 1999 Page 141 •Page t44 42 . Condenselttvt Page 145 Page 147 k 1 MR.ENGELBAECHT: Any discussion on the i born a pleasure to work with them. Tbey understand what 2 motion7 All in favor raise your right hand Motion t we're trying to samaipliab here and It's been a good T 3 carries.unanimously. Okay In that case,we have Item 3 experience. Thermo you 4 B.hold a public hearing and consider making a 4 MR ENCiEusP.clrt': 'thank you Appmciate S recommendation to the City Council concerning reW&V S those cammenta. Is them anyone present who would lice 6 from temporary agricultural to planned development 4 to speak in favor of this petition? If you would give 7 district. Zoning at the time of the anncltation will be 7 us your name and address again fa the record 8 Vicultural, a MR FR EmAN: hoe Freeman. I live at 4424 9 The proposal is to develop the property for 9 Okra O*s DM in Plower Mound I own the property 10 sirgk rattily residential and commercial uses. At this 10 so the Oita The remarks 2 made Woe 1 slink j I I time I will open the public haring. And we've already 11 gar Into this. Again,l think this is an outstanding 12 received a staff report. Do you have anything to add, 12 proposal. And 1 would stroeyly urge that the n?dbq be IS Mr.Refchhvt? 17 Poled. 14 Mit RFICHNART: 1 would just add that the 14 MR.ENGELZRBMI thank yCA air. Is them IS minutes froin the previous public hating would be used 15 anyone else present who would lace to speak in favor of 16 again for this pub:'o hearing,also, 16 the pctidoO Anyone elm to speak in favor of the 11 MA ENGEtAKEC11r: All right. 11 petition? In that kxeq Is there anyone present who J9 MR.AEICH1tART: 1 would recommend slat 4 would like to speak In opposition to the petition? 19 MR.ENGFLBRwm. Now,you did have—you 19 Anyone present to speak in opposition to the pal don? 20 ha3 made two changes in the staff rero tuncodatim with 20 Swing no opposition,rebuttal is waived. Public 21 regard:to right-of-ways striking-• 21 hewing is closed Mr. Iteichhart,any other comments? 12 MR REICHHART; Three changes ttaW. The 22 MIL REXMHART; Nn. 23 two were the two right-of-ways from aide yard to right- 23 MR.FNGELBABCFrT; CosttmdWOOC ,any 24 or-way and the third wu striking 3.07 roads. 24 questions for staff,comments.or a motion? 2S MR ENGFIBRCL911; Correct. 25 M6.Gomm t'd nuke the moton,but I Page 146 Page t48 1 M.R. DONALDSON., And we had a suggestion to I don't even want to go thee. I hr en't a clue whit 2 slrika the adjective "main'from ma.m buddings In 1.03, 2 we're supposed to say. It's just way too much. Any 3 MR PUWFLt.r ola another suggestion if 1 3 other brave soul? Bob? 4 may, that the roofs of all the buildings be pitched with 4 MA POWELL: I'm certainly not against S a ntinimurn of 6 and 12, S makirtg it motion. 1 just don't know where it Is. I'm 6 MR. PNcrLanmr: That's in the L,mutrnidl 6 lost hex. 1 MR. POWELL! Correct, 7 MR.ExGELo RECHTt w41, it's on pipe 7. a MR ENGFt PAW-HT: Well,I'd give you an a 1111 the litter part of the page,roming recommendation, 9 opportunity Ir just--any o$w questions for staff( 9 And it has fume t and 2. We chuyed on 2.06Favd 10 If not,we'll -- 10 2.07F, ne last two words were stricken.and in their I I MR R1:acHnot: can I make one suggestion? l I place of'side yard' was written 'right-of way.' Them 12 We could do the roof pitch or we could mquine I I therm would be a condition 3 to strike puVVb 5.07. 13 elevations prior to wry detaiL.d plan approval. And 13 And then there would be a 4,which would strike the word 14 then you could take a look at exactly what's being 14 'main' from paragraph 1.03, Does that pretty wall get IS propoxl. IS it,Mr. Donr24n? I6 MR..Powmij 1 like that better. 16 MR.DONALDSON: And that it filth to requia 11 MR ENOELBRXffrt Yeah,mare flexibility. 17 elevations,if any,detailed plan submittal foe the I All right. Any other questions for staff? day. If la commercial zomiry district 19 not, I know the petitioner is hero. Would you cam to 19 MIL Rism Clarification. Does the f A� r 20 make any com nazis with regard to the P.D.? You've hard 20 striking of the word"side yard'and'rigMof-way" I I some nWsled changer to the staff report and I didn't 91 apply to 2.06 u wet as 2.O7F7 22 kkoW if you wanted to make any comment. 23 MA ENGEIDRtx1lf: Yes. 23 MP. ANDERVIK We approciata everything that 23 MR.POWEIL 1 hope I ere get this right 24 staff has done. In all fairness to them,they have beat 24 I'm golry to try to mike it simple. I mm fo recommend 23 neat progresdvv out ore. And it's boat-it's really 23 approval of L-99-053 with the stnvdrd loll% PLANNINO &ZOMNO JULY 28, 1999 43 , Page 143 - Page 148 L CondensbltrM t•'r,''e 149 Page lSt I condition and the raised development standards as I those,wbm we.v 'red one that did trot boars Wed 2 proposed by staff with the changes recommended by the 1 2 trees,where you have your typical street You have 3 Chaimw and by Mark Donaldson. 7 your sidewaUu, And than the people put a tree half way 4 Ms.OOl11tDlz sewnd 4 between their home and a sl We saw those wed S MR.E msitwtm R's been moved and S stapes. And it looks like an ooat of with a asphalt or 6 seconded to recommend approval with the conditions. Any 6 concrete. That's one of the fallacies clot wben people 7 discussion on the motion? Ms.Apple. 7 say that devaloprnent doesn't put say trees back,it's 6 M.t.APPLE: 1}ust want to say I'll be a becatae we lave such a huge wide swath through there 9 voting In favor of the motion. And 1 am very impmaod 9 of public improvements with no granary in it So we It with what y'all have presented to us tonight And 1 to didn't redly want to do that. And tba was a big 11 hope that will follow through the wbok process. I I ptdL What we went to do and Incorporate into our plan, 12 MR ENGEWECItT: Ms.Qourdie. 12 was we wanted to put a minimum of ooe strati tree per 17 Ms.OotJRINE: ljust want to say I drive by 17 loL We all it a stroct tree because it world be a 14 this property all of the time cud that was another one 14 tree that would be between the back of curb and the IS that I have been looking at going,wow, it's going to go IS sidewalk,even if that mans putting an easement and 16 someday, And I was very saddened by that,but to we 16 putting it back. What we were requesting coming forward 17 OW yell arc pm-serving a flood plain that really 17 is is we do a lot of communities that have Alleys, 16 doesn't exid and to we that you've—all of those 16 There's many communitia Noting away from alleys, Ibis 19 beautiful oak tress that 1 just •• that's wikere my heart 19 is Loll of a twist for Denton to go to alleys fr m where 20 was sinking to think close were going to be gone,and 20 all the others. COMB is a city I have done pan tbably 21 y'al I preserved it. And to also sea that you— instead 31 35 sul,divi l(mi in. And the leer five or six 22 of putting houses up against Teasley,you made it a 22 subdiv cats have gore away from d%L And tk problem 23 road,which I think is just very Intuitive and a smart 23 with Ilan Is stmnethlog you rod to take into 24 thing to do, and 1 hope that we're able to take some of 24 owtikkrulon is one,you do lose some kind of 23 the ideas that you've all presented here and put them 2$ sensitivity towards your Willibarbood. I live In an Page 150 Page 132 I into future developmenL So I appreciate you owing 1 alley save. I know my neighbor when they open Oeir 2 the door to a new way of seeing things, And I hope dw 2 garage door behind ma And that's something you 3 we an continue a good gran trail around tae. I7ank S socially you nood to kind of take loft oo nsiddaion. 4 you. 4 Tk iwotd thing Is whoa you have the alleys,we checked S MR.ENOELBRECHT: Mr.Moreno, S in 0"all far an example,70 percent of the crime was 6 Ma.MORENO Question Along those limes. In 6 caounitttd in the alleys bemuse the criminal drives his 7 preserving that line of oak trees u well as.the green 7 err. Ile pulls up,ducks up Into your driveway. No a areas,will the developer gel any credit toward park a onc'i borne. No one's on the snorts patrolling iL And 9 land decker ion? 9 rhea someone goo around frost,knocks on the front 10 MR.REtCH11A11T. Yes, If it's privately 10 doer.nobody answers the door,boom,you've got a direct I I awned, he can get up to 50 percent credit depending upon i l own In. Before we made the decision to to Ailey,no 12 the amenities. And 1 would assume they'd have more than 22 alley,in that commratmity,that was on element we took 13 enough ameniries. I) into consideration, And that L something that the 14 MR YORENO okay. 'Rank you. Good. 14 polka told us and so we have not lead any problems with i Is MR EYGELBRECHT; Mr. Powell. l3 that. There's other cities,South like,Flows Mound, 16 MR.PGwELb 1 would like to comment that 16 ct echo that don't Want then. ibat's the C11araCNw of 17 this was a quality Way of getting the message across to 17 their particular oommunity, t like the r3tanctaa of l6 the Planning and Zoning Commission, What I'm tryhy to 13 your community,the way it Is with this, 19 say to you is you made a gad pnsentation. And 1 19 What we were ad*for an olds war wbm6 r A 20 appreciate that. 20 eW T war kxning toward very narrow struts with 21 MR.REKWIARt 71te apphant has requested 21 alk.ylt,we wanted to••we Iklued the twrowneis,a 22 to speak rcli ing the roe&If be may, 22 little bit tl m"i Brea,because it d*AOW rtes top. 23 MR,ANDERSON, Ora again,I keep going back 23 We want to push the 6idewatb bads,stightly tighten it 24 to the mwer plans that we wend and looked at and one 24 up,ism we didn't want to g6 in uMeme maaaa. So we 2s of the elements that teas very Intd+Wing wire we saw 27 tucked as wlw Plam and who Was used for their PLANNINO d.ZONING JULY 2110 1999 plip I49 •Page 152 �1 , i , t 1 f c 1 t",ondeoaeltt" Page 1S3 Page ISS k I typical city sheet end that's the narrowtest that we I Any other discussion m the motion? All in f( 2 wanted to go dower to,so you could still have adequate 2 fn or raise your right band. Modon carries 3 traffic in and out with still the front entry. But like 3 uraninwusly. 4 1 said,we want to incorporate the stmt tree, And we 1 S want to do that for our typical street. And then vie ont. Do year wet 10 take five min 6 have—one other unique situation IN is the era where 6 we begin? All right. Lot's take five. 7 we have the grcenbeit that runs In the total nonhhoueh 7 mak taken) 1 wham you have the homy fronting it Wt kind of want 1 IE'LaAECIR: day. j 9 to make it like Swiss Avenue in Dallas a little bit 9 -7 All rylht. Al this ' Mconverro 10 where you have the one-way traffic going back and forth, 10 the public And we'll to Agenda Item 11 but it's not like a typical thoroughfare because it's e 1 i No. 9,is to he •btk oaudder making a 12 lot wider and stuff. 12 recammendadon 'rg a proposed 13 And a what we wanted to do on that was to 13 ewrtoept plan for a p district erkconupaasireg 14 go ahead and up front establish a criteria which was■ 14 2,7153 aces. Toe geoerdly located at the 13 21 foot bock to back street in a one-way direction and is sauthweetan ex coon boundaries of 16 get that out of the way and have an understanding. And 16 tk City of the extrataritaiai 17 then we had a typical collector Wed as we came in. 17 juridiction d Teams betwom 16 But the way we've land planned our property Is therm 18 135 and Rood and ad and Uvely 19 will be no parking on that road as you enter Into the 19 Roe& orated mmn1%is for 20 property. So with that said,what we were asking rot is 20 dried district with approximately apes or 11 on the nary road,we want a 34 back to back, I I-toot 21 resi 37 sees of neighborhood 22 wkwsys. We'll have landacape drips on either side as 22 recreation rid 14 asp of 23 you we in it typical section. And the rood that's 23 with 95.7 acres of stints,right-of say 24 adjacent to where the Pod Oaks lea we+m,we wanted It 24 rag, The develWx Is regaeWrill a planted 25 one way in each direction and then on a typical 23 development district classification for a master planned Page 154 Page k6 6 I residentW street,the reason we only want to go to 27 t community. At thia time!will op 2 where staff was going smaller than that. Our tneoan to 2 be baring. And Mr, Relchhart,I believe, 3 Is if you go smaller than that,people on going to park 3 got rovldc us with the staff report. Or 4 on one side••visitors are going to park on one side of 4 aEtctcttui: Ow-k you. Too Is S the road cr ate other. I didn't want a situation wbm S the wt've hid on this opp I'd 6 if you've got homes facing each other that everybody 6 like to take a tittle but of tag, 7 perSks like-•you put a"no parklrg"sign up on one 7 Endandel t handed out to the staff 1 side, so if my neighbor soon the shred Is having / cxA a notebook that 9 people t vcr at his hotkse,everybody is always parking in 9 m be substi or i ng one that you to front of my house Every now and then,it would be kind to have. TNs we got it aadreaea the I1 of nice for them to park in (font of their own hotted. I1 oomi mtf that wvme d in the staff report. I2 That's the other reason why we don't really want to 12 M0.EN0E13 13 narrow the strata anymore thrk a 2?took And that was 33 MIL . m well, the comment. 14 our request, 14 oi rod Wert the wars d to address nrrr IS MA. ENOELH RECKr. I Just wanted to fay that 13 origlral We had Una is on thole. 16 1 don't beli�wt any of the c!argp had any Impact on my 16 INS Is the on of all of the mead I 17 of that in the• I may be wrog, Mt. Donaldson. 17 up to that we have. The to the is MA Dom mom No. We certainly precluded i 1 daft what sddrdad the find which 19 them ultimately king able to do that. We simply aren't 19 is the the report that you've ' A, r 20 prepared to do It now with the concept plan, 20 And addresses do"In the Icons 1 f 21 MA miottaRECNF And I Just wanted to add, 11 that propodng to that. We dgo have 22 given this is a planned development,the idea Is for 21 Gad In today that I Jac went to Id 21 creativity and if you disagree with staff,f«1 free to 21 We have a Idea from Bob and Betty 24 bring your argument Ion,you know,to••I man,that's N are the owners s of the Lorgbom 09kry, 2S the basic purpose as I sea it for a P.D. 23 are my much In favor d this appHentlork We PLANNIM0 A ZONING JULY 28, 1999 Pqe 153 " Pace 156 45, � r . r i101101NOL I S1IAIU.D l7W"Lee Ducu nretc\Ordinawi:09A 19 dw ` ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 167.477 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED BETWEEN NOWLIN ROAD, F.M. 2181 (TEASLEY LANE) AND ROBINSON ROAD, IN THE COUNTY OF DENTON, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING AN EFFECTIVE DATE. (A-89) WHEREAS, Wheeler Ranch, LTD., has petitioned for the annexation of 167.477 acres of land described herein; and WHEREAS,the City of Denton on June 22,1999, heard the petition and agreed to grant the petition for annexation of 167.477 acres of land; and WHEREAS, on July 28, 1999 the Planning and Zoning Commission recommended approval of the petition for annexation; and WHEREAS, public hearings were held In the Council Chambers on July 20, 1999, and July 27, 1999, (both days bring on or afler the 40 day but before the 20'h day before the date of the institution of the proceedings) to allow all interested persons to rtate their t iews and present evidence bearing upon this annexation;and WHEREAS,annexation proceedings were instituted for the property described herein by The introduction of this ordinance at a meeting of the City Council on August 17, 1999;and { WHEREAS, this ordinance has been published In full one time in the official newspaper of the City of Denton on Augnst 21, 1999, after annexation proceedings were instituted and 30 days prior to City Council taking final action,as required by City Charter;and WHEREAS, the City Council finds that the annexation will be in compliance with the 1983 Denton Docloptnent Plan, the 1993 Dcnton Plan Policies, and the 1999 Growth Management Strategies and Plan;NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: U,alQU. That the tract of ie»d described in Exhibit "A", attarhed hereto and incorporated by reference, is annexed to the City of Denton, Texas. SECTION2. That the service plan attached as Exhibit "B", and incorporated by ' Aj ` c, reference, which provides for the extension of municipal services to the annexed property, Is approved as part of this ordinance. 16. 1 . Y )`Ct4LOUYOLVAUC 96LGLOv Dxunwft04inw%W99hA 99dot SECTION 3. Should any part of this ordinance be held illegal for any reason,the holding shall .iot affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all the real property described In Exhibit "A" regardloss of whether any other part of the described property is hereby effectively annexed to the City. If any part of the real property annexed is already Included within the city limits of the City of Denton or within the limits of any other city,town or village,or Is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the tenitory annexed as fully as if the excluded area were not expressly described in this ordinance. SECTION 4. That this ordinance shall become effective fourteen(14)days from the date of its final passage. PASSED AND APPROVED this the day of 19". JACK MILLER,MAYOR '- ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: _ I APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY . r Page 2 47. t EXhIM A GELD NOTES BEINO a 167.477 acre tract of land situated 'in the B. Merchant Survey, Abstract No. 800, Denton County, Texas and being all of the following four tracts of land described in deed to Mel & Vinny Wheeler recorded In Volume 1548, Page 17, Mel & Vinny & Wheeler recorded in Volume 904, Page 844, Mel & Vinny R. Wheeler recorded In Volume 973,Page 270 and Mel Wheeler, et ux recorded In Volume 1054, Page 17, of the Deed Records of Denton County, Texas (D.R,D.C.T.) said 167.477 acre tract being more particularly described by metes and bounds as follows, BEOINNINO at a '/i' iron rod found for the southwest corner of the said Mel & Vinny R, Wheeler tract recorded in Volume 973, Page 270 (D.R.D.C.T.) and being on the east right-of-way line of F.M. 2181 — Teasley Lane(90 ROW)recorded in Volume 400, Page 274(D.R.D.C.T.); THENCE N. 02 007'00" W., along thi said east right-of-way line, passing a i4" iron pipe found for the northwest corner of the said Mel & Vinny R. Wheeler tract recorded in Volume 973, Page 270 (D.R.D.C.T.)at a distance of 1420.89 feet, continuing a total distance of 2967.67 feet to a PK nail set for the northwest comer of the said Mel & Vinny Wheeler tract recorded in Volume 1548, Page 17 (D.R.D.C.T.) and being in Robinson Road a variable width right-of-way as recorded In Cabinet C, Page 193; THENCE S. 89°08'42" E., generally along the centerline of the said Robinson Road, a distance of 1217.27 feet to a PK nail set for the northwest comer of the said Mel Wheeler,et ux tract; THENCE S. 89 019'54" E,, continuing generally along said centerline and along the north line of the said Mel Wheeler, et ux tract, a distance of 1278.68 feet to a PK nail set for the northeast comer of the said Mel Wheeler, et ux tract; THENCE along the east line of the said Mel Wheeler,et ux tract the following two(2)calls: S.01°35'15" E.,a distance of 2222.17 feet to a 1S" Iron rod found for the northwest comer of that certain tract of land described in deed to Pulte Homes of Texas L.P. as recorded In Volume 4134, Page 00094 (D.R.D.C.T.)and being the southwest comer of that certain tract of land described in deed to T.T. & Ave Joyce Kirby described in deed according to Volume 382, Page 539 (D.R.D.C.T.); S. 01°52'30" E,, a distance of 700.91 feet to a 518" Iron rod capped"Carter&Burgess"set for the southeast corner of the said Mel Wheeler, et ux tract from which a K" pipe found bears N. 56°55'22" E., a distance of 1.07 feet and being in Nowlin Road; THENCE generally along the centerline of the said Nowlin Road the following two(2)calls, N. 99139'14" W.,a distance of 1240.01 feet to a%"iron rod found; S. 89 42918" W., a distance of 1230.65 feet to the point of beginning, with a computed area of 167.477 acres of land more or less with 4.037 acres being in the road, r11N914*Wd now t8, c u I Ex11191T B f ANNEXATION SERVICE PLAN CASE NUMBER: A•89(Wheeler Ridge) AREA: 167.477 acres LOCATION: Between Nolin Road,F.M. 2181 (Teasley Lane and Robinson Road in the extraterritorial jurisdiction nf the City of Denton,Texas. i Municipal services to the site described above shall be furnished by or on behalf of the City of Denton,Texas, at the following levels and in accordance with the following schedule: A. Police Protection 1. Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. B. Fire Protection 1. Fire protection (within the limits of eAsting hydrants) and emergency medical services will be provided to the property within +ixty (60) days after the effective date of the annexation using existing personnel and equipment. C. Solid Waste Collection 1. Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. D. Water/N$astewater Facilities 1. Maintenance of water and wastewater facilities in the arcs to be annexed that are not within the service area of anotbsr water or wastewater utility will be begin within sixty (60) clays after the effective date of the annexation using existing personnel slid equipment. E. Roads sod Streets 1. Maintenance of roads and streets, including road and street lighting, In the area to be annexed will begin within sixty(60) days after the effective date of the annexation using existing personnel and equipment. F. Parks and Recreation Facilities 1. Maintenance of parks,playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. However, there are no existing i parka,playgrounds,swimming pools, and other recreational facilities in the area. A, f-aV•I NIf.4lhM&•rrqr hlm Arr 49 . i i t I I u I ANNEXATION SFRVICE PLAN (A-89) Wheeler Ridge i G. Electric Facilities , 1, Electric utility service will be provided within sixty (60)days after the effective date of the annexation using existing personnel and equipment. H. Library Services 1. Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. 1. Code Enforcement,Building Inspections and Consumer Health Services 1. Code enforcement, building inspections and consumer health services will be provided within sixty(60)days after the effective date of the annexation using existing personnel and equipment. J. Planning and Development Services 1. Planning and development services .rill be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. The Planning and Development Department currently provides services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. K. Capital improvements Program(CIP) The CIP of the city la prioritized according to the following guidelines: (1) Provision of Capital Improvements as compared to other areas wig be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing a specific facility or Improvement. The annexed area will be considered for CIP improvements in the upcoming CIF plan. this property will be considered according to the established guidelines. 4 I` t I , �nJenr�odnn3,wk�MmArc 50, t apslA Bee JlpeMit 1Mm + AGENDA INFORMATION SHEET �-- AGENDA DATE. August 17, 1999 DEPARTMENT. Economic Development Department ACM: Kathy DuBose,Assistant City Manager,Finance and Municipal Services SUBJECT Consider an ordinance authorizing the City Manager to execute a lease between the City or Denton and the Federal Aviation Administration on behalf of the United States of America for land at the Denton Municipal Airport for a single frequency outlet site; and providing for an effective dale, BACKGROUND J The Federal Aviation Lease (FAA) Lease No. DOT-FA79SW-1052 providing the FAA the necessary tract of land on the Denton Municipal Airport (DTO) for the single frequency outlet (SFO) expires by its terms on September 30, 1999. The SFO provides elxlronic support for the FAA operated Instrument landing system at DTO. The renewal of this lease agreement will continue to bcnefil the flying public utilizing the Instrument landing system at the DTO. ESTIMATED SCHEDULE OF PROJECT The license would become effective October 1, 1999 and continue through the 30h day of September 2019 (20 years). A year to year renewal of this agreement will be considered in effect unless the FAA gives thirty 30 days notice that it will not exercise its option(s). PRIQRACfION/R VIEW the City Attorney's Office has reviewed and approved this lease agreement, The Airport Advisory Board and staff recommends approval of this agreement. w FISCAL INEQRMA= Staff estimates that the renewal of this license agreement would have no fiscal Impact, t r 1 U 1 Ordinance Renewal License Site Map(Exhibit A) Respectfully submitted: r inL da Ralliff,Direclor Economic Development Department Prepared by: ti Mar elson Airport Munager I I, i i I jrt r 2 j t i I i I ORDINANCE NO. I AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN THE CITY OF DENTON AND THE FEDERAL AVIATION ADMINISTRATION THE DENTON ON OF 711B UNITED STATES OF ERICA MUNICIPALFAIRPORT OR A SINGLE FREQUENCY OUTOLET TE;AAND PROVIDING FOR AN EFFECTIVE DATE. TIIE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager Is hveby authorized to execute a lease between the City of Denton and the Federal Aviation Administration on behalf of the United States of America for land at the Denton Municlpal Airport for a Single Frequency Outlet Sile,a copy of which is attached hereto and Incorporated by reference herein. UMLQNj, That this ordinance shall become effective immediately upon its passage rI and a fproval. PASSED AND APPROVED this the day of I"g. JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL CORM: HERBERT L. PROUTY, CI'l Y ATTORNEY BY: -at J4 �- r� � ad 1 r„ U.S. Departinent of Transportation Lease No.D7'FA07-00-600620 FEDERAL AVIATION ADMINISTRATION Single Frequency Outlet(SFO) Southwest Region Denton Municipal Airport Fort Worth, Texas 76193-0054 Denton,Texas LBASB Between CITY OF DENTON,TEXAS and THE UNITED STATES OF AMERICA THIS LEASE, made and entered Into tills_day or ,in the year one thousand nine hundred and ninety nine,by and between the C[TY OF DENTON.TEXAS, whose address is 215 McKinney Street,Denton,Texas 76201, for itself,Its successors,and r! assigns,hereinafter referred to as the Lessor and the UNITED STATES OF AMERICA, hereinafter referred to as the Government; WITNESSETI1: The patties Iseteto for the consideration hereinafter mentloned covenant and agree as follows: I. PAIS+21SES' For the Tenn beginning October I, 1999, and ending September 30,2000, this Lessos I hereby leases to the Govemment the following described property,hereinafter referred to as the premises, VIZ: SINGLEI:REOUEMA 0111.LET(SF01 ITH A 75-foot by 75-foot tsnct of land, toe-ether a 25-foot wide Access Road, Located on Denton Municipal Airport,Denton,Texas, as snore particularly shown on Drawing No.SW- D-9428, revised February 22, 1980, Identified as Exhibit "A," attached hereto and made a part hereof, Al , i 4 Lease No. DTrAOT-00-t,00620 Single rrequency out,el (s M) Denton Municipal Alrpost Denton,Texas (a)Together with it right-of-way for ingress to and egress from the premises;a right- , of-way for establishing and maintaining a pole line or pole lines for extending electric power and/or lelccommunlcatlun lines to the premises; and a tight-of-way for subsurface power, communication and/or water lines to the premises; ail rights-of-way to be over the said lands and adjoining lands of the Lessor,and unless herein described otherwise, to be by routes reasonably determined to be the most convenient to the Government. (b)And the right of grading,conditioning,and installing drainage facilities,and seeding the soil of the premises, end the removal of all obstructions from the premises which ' may constitute a hindrance to the establishment and maintenance of Govemment facilities. (c)And the right to make alteratiom,attach fixtures, and erect additions,structures,or signs, in or upon the premises hereby leased,which alterations,fixtures, additions,structures or signs so placed in or upon,or attached to the said premises shall be and remain the property of the Govemment, and may be removed upon the date of expiration or termination of this lease,or within ninety(90)days thereafter,by or on behalf of the Govemment,or Its grantees, }} or purchasers of said alterations, fixtures,additions, structures,of signs. 2. $GNBWALOpTION: 'rills lease may, at the option of the Government,be renewed from year to year and otherwise upon the terms and conditions herein specified, The Government's options shall be deemed exercised and the lease renewed each year for one(1)year unless the Government gives tnirty(30) days'notice that it will not exercise its options,before this lease or any Il renewal thereof expires;PROVIDW,that no renewal thereof shall extend the period of pccupancy of the premises beyond the 30th day of September 2019. 3. CANCEL1,d7M The Government may tertrdnate this lease at any time by giving at kart 30 days' notice in writing to the Lessor. Said notice shall be sent by certified or registered mail 4 B The Government shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed that the rights extended to the Govemment herein are In consideration of the obligations assumed by the Government in Its establishment,operation, and maintenance of the facilities upon the premises hereby leased. �r A , r tA, s I I C Lease No. DTF w-ou-L00620 Single Frequency Outlet(SFO) Denton Municipal Airport Denton,Texas S. NON-REST0RA110: It Is hereby agreed between The parties,That upon termination of its occupancy,the Government shall have no obligation to restore and/or rehabilitate,either wholly or partially, the property which Is the subject matter of This lease, it is further agreed the Oovernrment may abandon in place any or all of the structures and equipment installed In or located upon said property by the Gnvernment during its tenure. Such abandoned equipment shall become the property of the Lessor. Notice of abandonment will be conveyed by the Government to the Lessor In writing. 6. IVNDWG RFSPONSIIBILI TY FOR OVERN TENT FACLt,IT[6S: The Lessor agrees That any relocation,replacement,or modification of any existing or future Government facilities covered by this lease during its term or any renewal thereof made necesswy by airpoA improvements or changes which in the Governments opinion Interfere with the technical and/or operationai characteristics of the Government's facilities will be at the expense of the Lessor,except when such Improvements or changes are made at the written request of the Government. In the event such relocations, tepla rtents,or modifications are necessitated due to causes not attributable to either the Lessor or ti,4(lovemment, funding responsibility shall be determined by the Oovenrment, Any such funding determination by the Oovcrnrnenl shall be fair and reasonable. 7, =�RIIR NCL Wft11 GOVERNMENT OPERATIONS: The Lessor agrees not to erect or aliuw to be erected any structure or obstruction of ' whatsoever kind or nature on the site or adjoining land within the airport boundaries that may interfere with the proper operation of the fncilities Installed by the Government under the terms or this lease unless consent hereto shall first be secured from the Government In wilting, 8. I WMI)OUS S UMCB CONTA M W.ATION The Government agrees to temediate, al its sole cost,all hazardous substance coninmination otr the leased premises that Is found to have occurred as a direct result of the Installallon, operation, and/or malntenance of the Government's facilities, The Lessor agrees to temediate,at its sole cost, any and all other hazardous substance contamination found on the leased premises, The Lessor also agrees to save and hold ilia Govemment liltmless for r any and all costs, liabilities and/or claims by thhd patties that arise out of hazardous contamination found on the leased prerises not directly attributable to the installation, operation and/or maintenance of the Government's facilities, 6 c c k I I� -00621 pease No. DTFA07-00-L Single frequency Outlet(SFO) Denton Municipal Airport ` Denton,Texas 9. OUIE'P ENIOYME The Ussor warrants that they have good and valid title to the premises,and rights of ingress and egress,and warrants and covenants to defend the Government's use and enjoyment of said premises against third party claims. lo. OFFim S NO'f TO F3ENCIL: No member of or delegate to Congress, or resident commissioner,shall be admitted to any share or part of this contract, or to any benefit arising front it. Ilowever,this clause does not apply to this contract to the extent that this contract Is made with a corporation for the corporations general benefit. 11. COVENANT AGAINST CONTINGENT FEES: I'ho Lessor warrants that no person or agency has been employed or retained to solicit or obtain this lease upon nn agreement or understanding for a contingent fee,except a bona fide employee or agency. For breach or violation of this warranty,the Government shall have the right to annul this lease wiihcut liability or,In Its discretion,to deduct from the lease consideration,or otherwise recover the full amount of the contingent fee. 12. UhN'f'RAC1 D1SF�ClouSr All contract disputes arising under or related to this contract shall be resolved under this cl• and through ilia Federal Aviation Administration(FAA)Dispute Resolutlon $rs' adhclal review, where available,will be in accordance with 49 U.S.C. 46110 and steal' ,.ply only to final agency decisions. The decision of ilia FAA shall be considered a final agency decision only after a Lessor has exhausted their administrative remedies for resolving a contract dispute under the FAA Dispu. 'rsolutlon Syslem, A contract dispute shall be made in writing and signed by a Lessor or duly authorized representative of the Lessor and submitted to the Contracting Officer, that It is disputed either as to liability or amount. Submission shall be within six months after the accrual of the contract dispute. The contracting officer's decision concerning the conlract dispute shall be binding on the parties unless the Lessor inferences the matter to the FAA Office of Dispute Resolution for Acquisition. Information relating to submhring a dispute will be provided by the Comincting Officer, upon regresl, i 13. The terris and provisions of this lease and the conditions herein bind the lessor and Its successors and assigns. 7 r t `1 t Lace No.m rA0749-L-M20 Single rrequency Outlet(SFO) Denton Municipal Airport t Denton,Texas 14. N+7f1C�: All noticeO'cortespondenre shall be In writing,and shall be addressed as folloµs(or to such other address as either party may designate from Ume to time by notice or correspondence to the other): TO LES90R: CITY OF DENTON.TEXAS 215 McKinney Street Denton,Texas 76201 TOOOVpi2NMENT: Departmentorrransportation Federal Aviation Administration property and Services Branch,ASW-54 Fort Worth,TX 76193-0054 fN WM113SS WHEREOF,tha patties hereto have hereunto subscribed their narnes as of the dale hest above written. CITY OF DENTON,TEXAS TILL UNITED STATE OF AMEkICA f 1 bY: __ BY: �;P.W._� lames M. Nelson TV L13: TITLE: ContticrinaOflicEr__ f G i I ' I C {III I i I} Lease No. DTFAOI.00-L-00620 Single Frequency Outlet(S FO) Denton Municipal Airport Denton,Texas CORPORATE CERT09M 1 certify that 1 am the of the Corporation named In the foregoing agreement, that who signed sold agreement on behalf of said corporation,was then — thereof,that sold agreement was duty signed for and In behalf of said corporation by authority of its governing body,and Is within the scope of Its corporate powers. F} Dated this day of 19 Signed by t'ORPORATH SEAL Aj I y 1 r a 1 I u i i `\ wwM wit w.0 / 1 1 F• � / C:zw / Iww W A � _1 Nnl .1'a.. i i i� TIW V'MTYMI wrr w rr�wr / W.. I YTt 6~ move II 6 rr��r t. I A " Agenda No ` - 0 3 5 � K AGENDA INFORMATION SHEET ApaadaINm._._.�.�..�. ACFNDA DATE: August 17'x, 1999 DEPARTMENT: Planning R Development repartment CMIIIC,M/ACM: Dave Hill, 349.9314 SLIWE.CT Consider makin g appointments intments to the Code Committee,which is an ad hoc committee to be assembled for the purposes of participating in the City of Denton Development Code Rewrite process. PACKCROUND ! City Council is scheduled to make appointments to the Code Committee on August 17'", The formation of the Codc Committee is included in the consultant scope of work of the rewrite of the city's development code, The function of the Code Committee is to participate in the preparation of new zoning and subdivision regulations that will be drafted by consultant John Fregonese, l he scope of work for the code rawrite project includes the following: R Ciry of Denton Deve,'(rment Code Committee t!ill be appointed by the City of 1)enlon C'otincil and w ll parlicipale %Ith the Consultant and City staff in the development of the axle, They n"ill meet approximalely monlMy to review progress atkl advise the City Council and Planning& Zoning Commission on the development of the code in accordance srlih the Comprehensive Plan. The City of Denton Planning and lkrelopment Department will provide principal staff support to the "Code Committee, " The Ctxle Committee will consist of 13 members; it Committee chairperson nominated and selected by simple rm fority of the City Council, and two members to he selected by rock Council .k1cmher. City C'ounril will make every effort to make appotnimenrs rhot are balanced with respect Ic citl:en, neighborhood, business, and development Interests The purpose of the (ommlitee is 1a provide feedback for Planning h 7onbng Commission and City Council review In response to C'onsuliant recommendations regarding the revised development role. The Committee will allempt to trork by consenims. In the event that there are unresolved issues, the vartely of opinions will he pre.temed to) the C'ouned In the Consultant's report to Council, any nkYor issue trhk•h needed to be resolved, or u"hich remains unresolved .shall he clearly commnnvicared Including alternatives evaluated and the Code r C'ommittee 's raltonole and recommendation, and any minorily reports from the A Committee. 1' I Each Council memlkr is scheduled to make two appointments to the Code Committee that will not require confirmation. In addition, at-large nominations for Chairman of the Code Committee will be accepted,with confirmation required by simple majority dote of the Council. a t� OPTIONS 1. Act as stated in the scope of work. 2. Change the composition of the committee. 3. Postpone action. RECOMMENDATION Staff recommends appointment as described in the approved scope of work. ESTIMATED PROJECT SCHEDULE The first meeting of the Code Committee will take place on September 0. The project will end in September 2000. The Code Committee is an ad hoc committee that will be dissolved at project end. PRIOR ACTION/REVIEIV The consultant contract and scope of work were approved by Council on August 3rd, 1499. FISCAL INFORMATION The Code Committee members will serve on a voluntary basis without compensation. ATTACHMENTS None Respectfully s mitt t.. i r I)a Ill ssistant City Manager, Development Services OEM t• t, Iswll��� AGENDA INFORMATION SHEET _ ACENDA DATE: August 17, 1999 DEPARTMENT: Management and Budgct AC,tiI: Kathy DuBose,Assistant City Manager,Fiscal and Municipal Services fff ;DUCT Receive a report and hold a discussion and give staff direction regarding the 1999-:000 operating budget and the 2000-2004 Capital improvement Program. BACKGROUND Time has been allotted this evening for further discussion of budget issues if necessary. Attached are the available responses to council questions asked during the August 12 budget work session. Staff is still developing several responses to questions asked during the budget work session,and will get the responses to City Council as soon as they are available. P11IOR ACTION/REVIEW(Council,Boards,Commissions) 1 The proposed budget was presented to the City Council on July 30, 1999 and was di icussed during the August 12, 199S budget workshop. FISCAL INFORMATION EXHIBITS(If applicable) 1 Respectfull sub fitted; Jo Fortune Director of anagement and Budget t Ilef Aurud I1 ormJ,Info,hed ti � WNW 0 U 4 , i ! i CITY OF DENTON TEXAS Managemml d Sudget Dtpadaaenl 4213 E Melr(nney 6 Deneon, rexn 16101 Telephone(9fOJ 119 t3?0 DFR'MdV(972)430.1239*Ftc(940)149.720d MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Jon Fortune,Director of Managemeut and Budget DATE: August 13, 1999 SUBJECTt 1999-2000 Sales Tax Pmjection City Council has requested information regarding the 1999.2000 sales tax projection. The original 1999.2000 projection was based on 5%growth in receipts over the current year estimate. Subsequently,th, current year estimate was revised to account for the loss In revenue associated with the first state mandated sales tax holiday; therefore the 1999.2000 projection Is now based on a 5.56% growth in receipts over the current year estimate. I hope this information is helpful. Please let me know if you need more information. I i 4 i 1 � 0 r { "Ardltated to Quality Servkr" 1 r i 1 k I j CITY OF DENTON, TEXAS Finance Department 2 15 E.McKinney 0 Denton,Teue 76201 Tetephant(940)349-8283 'DFW Metro(972)434-2529 * FAX(940)3494789 MEMORANDUM TO: Honorable Mayor and City Council Members n FROM: Jon Fortune,Director of Management and Budget DATE: August 13, 1999 UU SUBJECT: AUTOMATED NOTIFICATION SYSTEM The Police Department expects to receive Local Law Enforcement Block Grants with federal funding(901/6) in the amount of$181,526 and a required local match(100/0)of $19,033, for a total of$200,529 in available funds. The Police Department is proposing to use these funds to purchase an Automated Notification System for$35,000,nine police bicycles for $10,800,and the remainder of the funds,$154,729,will be used to purchase and replace portable/mobile radios. i t ' I "1k�carnllo(7uul,;i Saint" t✓ I� I I� CITY OF DENTON, TEXAS Finance Department •215 E.D1cKlaney • Denton,Tesu 76201 Telephone(940)349-82M •DFW Metra(972)434.2539 • FA,K(940)349-7789 WNIORANDUNI TO: Michael W.Jez, City Manager FROXI: Jon Fortune,Director of Management and Budget DATE: August 13, 1999 SUBJECT: IMPOUNDED VEHICLE NOTIFICATION FEES As requested by City Council during the August 12 budget work session, the following is a response to a question regarding auto impound fees. The new notification fee will not be charged to every vehicle impounded. Currently notifications are sent out to about one third of the vehicle-,impounded. Notifications are made onh to chose vehicle owners whose vehicles remained unclaimed in the city auto pound for over 24 hours. The $25 fee will be charged when notification by certified mail is required. The fee will help recover more of the cost associated with the mailing, advertising,and general administrative time. The fee is expected to generate$8,750 in revenue. The proposed fea increase from 512.50 to S 15 for the auto impound fees is projected to generate 52,250 in additional revenue,and will help recover more ofthe cost associated with general operation and maintenance of the impound facility. This fee is currently charged to all s chicles placed in the impound facility. r F 1 "Dedimed to Quality &-romo r, { CITY OF DENTON, TEXAS MEMORANDUM TO: Mayor and Members of the City Council FROM: Howard Martin, ACM Utilities *1 SUBJECT: Electric Department Rudgel• TMPA Debt Retirement Reserve Fund DATE: August 13, 1999 During the budget presentation to the Council on Thursday, some questions arose concerning the use of the Electric TMPA debt retirement reserve fund in fiscal year 1999. The 1999 budget appropriated$51300 million from the TMPA debt retirement reserve fund to address the potential divestiture of the Electric utility's generation function. The 1999 bt,dget did not appropriate all of the TMPA debt retirement/rate stabilization reserve fund,which stood at$55.300 millin:l at the end of fiscal year 1998. To date, purchase orders totaling $2.848 million have been issued to Reed Consulting Group, RI Covington Consulting,Dickstein,Shapiro, Morin&Oshinsky,LLP,and Haythe& Curley. No additional expenses from the TMPA debt retirement reserve fund are expected for fiscal year 1999. The fiscal year 1999 budget also pmiects the addition of$3.412 million to the TMPA debt retirement reserve fund from net income,which will exceed the estimated use of 52.848 million in existing debt retirement reserves. Although the exact amount available to add to the TMPA debt retirement reserve account will not be known until the end of the fiscal year,it is estimated that the amount will be close to the budget. The proposed fiscal year 2000 budget also includes the appropriation of$51.300 million in TMPA debt retirement reserve funds. Based on the reserve fund balance at the beginning of fiscal year 1999 and the uses of and the additions to the fund in 11999,the , final balance of the TMPA debt retirement reserve fund for fiscal year 1999 A,, , (approximately $55 million)will exceed the amount proposed for appropriation in the fiscal year 2000 budget, I "(ap,>'ia7,�lu l�uo�ly C,rpi.v" t, I CITY OF DENTON, TEXAS _ MEMORANDUM TO: Mike Jez,City Manager FROM: Howard Martin,ACM Utilities $IYV.IS SUBJECT: New Street Sweeper-Fiscal Year 2000 Budget DATE: August 13, 1999 The Utilities department can accommodate the addition of a new street sweeper in the fiscal year 2000 budget,if desired by City Council. The total estimated cost in fiscal year 2000,based on six months of operation,would be approximately $60,800. This includes the motor pool lease/replacement payments on a new sweeper,fuel and maintenance expenses,and salary for a new Heavy Equipment Operator. The addition of this new expense would not cause overall expenses to exceed projected revenues,so no other adjustments to the budget would bo necessary. After fiscal year 2000,annual costs to support the new sweeper operation would exceed S 4 22,000. Since the street sweeping operation is part of the Drainage function,funding of this new sweeper would be on the same basis that is used to fund general Drainage expenses. In fiscal year 2000,the cost would be shared by Water(SS%)and Wastewater(45%),with Water transferring its cost-share to the Wastewater department. Using the fiscal year 2000 cost-share percentages,the financial impact orthis new operation would be approximately $33,400 on Water and$21,400 on Wastewater. In future years,the cost of Drainage operations is expected to be shared equally by Water and Wastewater, so the future cost impact on each utility would be approximately$61,000 per year. "W ru rat to Qvaluy Gnt v" i i V h ti � � I I 'a�tbe tram AGENDA INFORMATION SHEET AGENDA DATE: August 17, 199) DEPARTMENT: Fiscal Operations,Tax Department ACNI: Kathy DuBose,Assistant City MonagKV Fiscal and Municipal Sen-lees SUBJEC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PLACING A PROPOSAL TO ADOPT A 1999 TAX RATE THAT WILL RAISE MORE REVENUE THAN THE 1998 PROPERTY TAXES ON THE SEPTEMBER 7, 1999 AGENDA; CALLING A PUBLIC HEARING ON A TAX INCREASE FOR AUGUST 31, 1999; REQUIRING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON A TAX INCREASE IN ACCORDANCE WITH THE LAW; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The Property Tax Code specifies that "if a taxing unit (other than a schoul district or small taxing unit) proposes a 1999 tax rate that will raise more property tax revenue (1999 proposed taxes) Than the preceding year (1998 properly taxes), the taxing unit's governing body must vote to place the proposal to adopt the rate on the agenda of a future meeting as an action item if the motion passes, the governing body must schedule a public hearing on the proposal. NOTE: Because of i9991egislalixc changes,beginning with tax year 2000,the public hearing and notices mill only be required if a city proposes a tax rate that exceeds the lower of the rollback rate or 101 percent of the of lective lax rate. ESIUMATED SCHEDULE 08!17/99 Vote on Proposal Tax Rate 08/22/99 Publish Required Notice 08/31/99 Hold Public Hearing 091'05'99 Publish Second Required Notice 09;07/99 Adopt Tax Rate fig PRIOR ACTION/RF�I E1!' The proposed tax rate was discussed during the budget workshop held on August 12, 1999. i a 1 I I 1 i I FISCAL INFORAIATIOY The proposed property tax rate should generate$13,466,581 of which $8,466,581 is budgeted to support general fund services and$5,000,000 is budgeted for debt service. Respectfully submitted: Atz��A &r Diana G. Ortiz Director of Fiscal Operations i I ` Z I i I i RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON,TEXAS PLACING A PROPOSAL TO ADOPT A 1999 TAX RATE THAT WILL RAISE MORE REVENUE THAN THE 1998 PROPERTY TAXES ON THE SEPTEMBER 7, 1999 AGENDA;CALLING A PUBLIC HEARING ON A TAX INCREASE FOR AUGUST 31, 1999; REQUIRING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON A TAX INCREASE IN .ACCORDANCE WITH THE LAW;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council desires to adopt a tax rate of , which will raise more revenue than the preceding tax year, in accordance with the requirements of the Tex. Tax Code ch. 26 and to schedule a public hearing on the proposed tax increase; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council desi-e.; to adopt a tax rate for the 1999 tax year of that will raise approximately more revenue than the 1998 property taxes. SECTION 2. That the City Council hereby approves the placement of an item on the September 7, 1999 agenda to vote on a proposed lax rate of that will raise more revenue than the 1998 tax year and will increase revenues over the 1998 tax year. $€CUQLN_j. That the City Council hereby calls a public hearing on the proposed tax increase to be held in the City Council Chambers at City Hall located at 215 East McKinney Street in Denton, Texas 76201 on August 31, 1999 at 6:00 p.m. The public hearing will not be held until at least seven days after notice of this public hearing has been published in the Denton Record-Chronicle, a newspaper having general circulation within the City, in the form of the attached Notice of Public Hearing on a Tae Increase, which is made a part of this resolution far all purposes. The City Manager and the Assistant City Manager for Fiscal& Municipal Services are hereby directed to publish said notice in accordance with this resolution and in accordance with T.x, Tax Code §26.06. At the public hearing, the City Council will afford adequate opportunity for both proponents and opponents of the tax increase to present their views. SECTION 3. That this resolution shall become effective immediately upon its passage and approval at a regular meeting of the City Council of the City of Denton, Texas on this the _ day of 1999, at which meeting a qucrum was present and the meeting was held in accordance with the provisions of Tex. Gov't Code §551.001, et seq. The Al City Secretary is hereby directed to record this resolution and the vote on the proposal to place r I t the item for a tax increase on the September 7, 1999 City Council agenda. 3 t . I { PASSED AND APPROVED this the day of . 1999. JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PRO/JUTY,CITY ATTORNEY BY: Councilmember Voted For Voted Against Jack Miller,Mayor Ron! Beasley,Mayor Pro Tern Mark Burroughs Mike Cochran Neil Durrance Sandy Kristoferson Carl Young, Sr. I 4 i I i i I I ..ems i r IUItM. AGENDA INFORMATION SHEET 01111 AGENDA DATE: August 17, 1999 DEPARTMENT: City Manager's Office { CNI/DCNI/ACM: Rick Svehla,Deputy City Manager SUBJECT: Consider recommendation from the Oversight Committee for additional funding for an airport improvement grant from TXDOT. BACKGROUND: Council approved a recommendation of the Oversight Committee for the original grant funding in the amount of almost $107,000. Recently, we received information from TXDOT requesting an additional $20,200. The Oversight Committee recommends aIIocating funding left from the Masch Branch extension project in the total amount of$22,000. OPTJONS: Retain the funding or to approve the recommendation. RECOMf i ENDATIO.'NS: Oversight Committee and staff recommend approving the additional funding. FSCAL INFORMATION: The City has already allocated $107,000 for this project. TXDOT is now asking for an additional $20,000. The recommendation is to use the remaining funding from the Masch Branch Road expansion project in the amount of $22,000 to meet our 100/9 match requirements. EXHIBITS: Memo to Rick Svehla Letter from TXDOT Respectfully submitted: i * Z R1CT§ve a Deputy City Manager /r v e' 1 r: CnY OF DENTON TEXAS OFFICE OF THE CITY MANAGER-2 S E. MdOnnoy Street•Donton,Texas 76204 Takphona(94 0)346 430 7-Fax(940)349.8598 MEMORANDUM DATE: August 17, 1999 TO: Honorable Mayor and Members of the City Council FROM: Rick Svehla, Deputy City Manager SUBJECT: OVERSIGHT COMMITTEE'S RECOMMENDATION FOR ADDITIONAL AIRPORT IMPROVEMENT GRANT FUNDING I have spoken with Joe Mulroy and Mayor Pro Tem Beasley about the possibility of using the last parts of the Masch Branch Road extension money for this airport improvement grant-funding match. You may recall a IittlF ^ver a year ago the Oversight Committee recommended to you + and you approved spending approximately$107,000 as part of the match for the $1 million worth of improvements that TXDOT is going to make at the Airport. Since then, TXDOT has found several things to add and they've reestimated. What that translates to is the cost of the Improvements is now closer to $1.3 million, making the additions to the contract about$200,000. Our 10% share of that $200,00 is about$20,000. Mark Nelson has Indicated that they may even come back for a little bit more money so that is why THE Oversight Committee is suggesting that w., allocate all of the rest of the Masch branch Road extension money which amounts to approximately$22,600. This would allow us to meet any other small additions that TXDOT might have without coming back to the Council. Historically, for your information, the Oversight Committee has recommended, and you have approved, the following for the $1.187 million that was in the original budget for Masch Branch. You've pledged $800,000 of that to build Western Boulevard as a joint public/private venture. This venture builds a road from Airport Road all the way to U.S. 380 rather than the original concept of a road from Airport Road to Jim Crystal. Secondly, you approved the already , mentioned $107,000 for the Airport match to TXDOT and tha FAA. Recently, you approved $259,000:43 joint funding with the County to begin the feasibility, environmental and schematic work on the Western loop from 1-35 all the way around to U.S. 377. The $800,000 plus the $259,000, plus the $107,000 totals $1,166,000. If you subtract that from the $1,187 million you ylnw haW nkn;w "Drd,V W to Q,ullty&,rkv" " c, I Memo to Mayor and Council August 17, 1999 Paget Get $21,000 and some odd dollars. This Is iha money that the Oversight Committee Is recommending for the extra improvements out at the Airport. Staff would be happy to answer any of the questions you might have at your oonvenience. Rick Svehla Deputy City Manager RS:af Attachments www.dMof0enlon.00m 3 0 I a i CITY OF DENTON, TEXAS TERMINAL BULDJNG 5000 AIRPORT RD. DENTON, T\' 76297 MEMORANDUM TO: Rick Svehla, Deputy City Manager FROM: Mark Nelson, Airport Manager DATE: July 29, 1999 SUBJECT: TxDOT Grant Funds Pursuant to our conversation on July 28 concerning the current TxDG'T Airport Improvement Grant, 9842DNTON, 1 have attached a request from the TWOT Aviation Division for an additional $20,229.00 As stated in the request, TxDOT officials have increased the overall budget for the project by a total of$213,333.00. This increase includes$192,359.00 in project costs as outlined by the attached Carter&Burgess project sheet. An additional $20,229.00 is included for supplemental engineering services provided by the FAA and Carter& Burgess for the ILS lighting system. TxDOT officials have been notified that Council will consider the request for the additional j funding at the August 17, 1999 meeting. Pre-bid meeting is scheduled for August 12 and bid opening is scheduled for August 24. Should you need any additional information,please do not hesitate to contact me at ext. 7702. Tbank you, Attachments A. r. cc: Kathy DuBose,ACM, Finance and Municipal Services Linda Ratliff,Director of Economic Development Tdephonea:(940)J49-77J6 or J49.7702 Fox.,(940)W4289 mem,99increase.CMO.doc Web Address: bttp:l/-Am '&A-wed io kjAfy S trl v" I I a II' Texas Department of Transportation AVIATION DIVISION 125 E. 11TH STREET • AUSTIN,TEXAS 797014483 • 512/41 D Cf1 MA: 121100-4510 r:Fgg or kdy 15, 1999 Mr. Michael W, Jez City Manager, City of Denton TxDOT Project No.: Denton 215 E. McKinney TxDOT CSJ:9942DNTON t Denton, Texas 76201 Fund Source 4114000006 Dear Air. Jez: We have scheduled to adveri.se the construction phase for the Denton Municipal Airport In the next few weeks. in reviewing the current engineers cost we have Increased the budget for your airport development Project by a total amount of$213,333.00. The sponsor's share is now$149,391.00, which we have received 5129,152.00. +I We ere now requesting the additional funds of$20,229,00 to be submitted to: Texas Department of Transportation Attn: Diana Ruiz P, 0 Box 5020 Austin,Texas 78763 If you have any questions or need additional documenlation, please do not hesitate to call meat (5 12) 4 1 t 4516. Sign/ce�rely,,,� J ,02123?3� Anna Saldana t Grant Mariier cc: Diana Ruiz I An laud Avoo"lmoktw t ' I i i Probable Construction Cost A,Carw A llurgsea,110- ProjecIName: NvbnMaadpdAkWkrpowmerxs Prepared by: am Perim,rnas Chocked by: 10K CSB Project No,: 981072010 Dated: a I6roa Final Design Submittal ITEM SPEC DESCRIPTION UNIT UNIT COST QUANTITY TOTAL 1 P•140 Mobilization LS 1 35000.00 1 035,000 2 P• 5] 1.1 Cie arIng end Grubbing AC 1 250.00 12 13,000 3 P•151-2 As hall Pavement Removal SY 1 6.00 14.731 073.655 4 P•151.3 Concrete POVOMOM Removal SY 1 ?.go 4,Q85 429,595 5 P•151.4 Fancino Removal LF 6 3100 2,026 !8078 6 P-1 51-S Slorm Drain Pipe and headwall Removal LS 4 1.00 7 600 17,600 7 P•151-8 1 Relocate Fire k dren _ EA S 1.00 6.000 15.000 8 P•I51•T ITempormy Taxiway Construction LS 1 26 000.00 1 $25.0001 9 P•152.1 lUnclaselflad Excavation CY S 3.00 115.200 10 P•152.2 Embankment In Place CY 4.00 13,035 052,140 I1 P•15 -1 9' lima Treated Sub fade SY 4 2.60 18 963 047,363 �12 P• 56.2 1 TON 6 IMOO 642 $511200 13 P•168_,Temp. AIr7WaUr Po6utlon,Soll Eran. 6 S41 . Carl. LS 4 2,509.00 1 62,1600 14 P•209 112 Crushed Aacroasts Base Core.,, SY S MOO 18,730 $262,220 15 P-401 4'Bltuminoua Surface Course TON i 65.00 4.160 $228,250 16 P-602 Bituminous Prime Coal Gal 1 1.76 9.293 $18,245 17 P-603 Oituminous Tack Cost Oaf 1 1160 2 777 14,100 _ 18 P•620-1 Pavement Markincis SF 1 1.00 27113 $27,113 19 P 020.2 Pavement Markl Remove SF 1 0.25 24.906 66,220 20 W021 Aircraff Tie-Down Anchora EA 6 100.90 93 69,300 21 D-701•1 54'RCP LF ! 61.00 506 640,088 22 D-70t-2 54'FICP End Sections EA 1 600.00 2 01,000 23 D•705-1 4' CP7 Underdrein Colleclor LF 1 25.00 1 207 $30,175 _ 24 D,705-2 4' CPT Underdraln Lateral LF 1 5.00 366 61,026 25 F• 51.1 $-Strand Barbed Wire FencIng LF 1 6. 1 1,371 $6,055 28 F.181.2 16' Double Swing Gate EA 750.00 1 176C_ 27 T•901 Soodino AC 1 1000. 12 612000 28 L,108.1 IIC,02. 800V Cable LF 1.26 600 04.60 29 L•104-1 11C 04 BDOV Cable _ LF 1 1.10 2,100 02,319 30 L•108-2 IIC, 06 BSO Copper Counterpoise LF 1 0.65 1 200 178+) _ 31 L•108.3 14' X 10' Copper Clod around Rod EA 1 75,gg I 152 32 L•118 7elwav Ratrorallec ve Marken 4EA 8.00 102 •� (6}2 3) !•125-1 Approach Licht Modlhcetions 1,622-22 4 16,0!0 34 !•125-2 L-961 Id'Fire Can to Put Sox 200,00 _ 1 181 70 35 L126.3 3,60 8 660 124 010 38 L•1254 Tem orw LI htin 1 500.00 1 1 01,6001 TOTAL, 11.040,6111 iluaeaelol2+ESro72ao4m I r � 1 I 1 t,. I i r i SUMMARY 'TERMINAL APRON RECONSTRUCTIO,Y 8 RUNWAY SAFETY AREA GRADING 51,04007 SUBTOTAL $1,040,587 ENGINEERING $118090 �- MATERIALS TESTING (4%) $41,823 RESIDENT PROJECT REPRESENTAME(10%) $104,059 SUBTOTAL $281,772 PROJECT TOTAL 51,302,359 BUDGET DELTA J 1 b r, _ c F:'SI I A REMDEPITLGL`Qrc Docum ls\(NinmrWMIUIn or Procedure AnOAm t.(be 4011d Ibltl.s,r,1 N oats ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NUMBER 94.183, AS AMENDED RELATING TO THE RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS BY PROVIDING AND CLARIFYING PROCEDURES BY WHICH COUNCILMEMBERS MAKE APPOINTMENTS FOR BOARD AND COMMISSION PLACES ASSIGNED TO THEM; PROVIDING THAT COUNCILMEMBERS MAY VOTE FOR BOARD AND COMMISSION CANDIDATES AT THE SAME MEETING THAT THE CANDIDATES ARE NOMINATED; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the public interest that Section 8.3 — Appointments-of the Rules of Procedure be clarified regarding how Councilmembers will make nominations for board and commission places; NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION is That Ordinance 94.183, as amended, is hereby amended by amending Section 8.3-Appointments, by amending subsection (e) and adding a new subsection (Q to read as follows: Section d.3. Appointments (e). Each City CounciImember will be responsible for making nominations for board and commission places assigned to him or her, Which may correspond to the City Councilmember's place. Individual City Councilmembers will make nominations to the full City Council for the governing body's approval or disapproval. Each City CounciImember shall have two opportunities to make nominations to a board or commission for each place assigned to him or her. Each CounciImember shall make nominations for the individual board and commission places assigned to him or her at the first available City Council meeting where this matter has been placed on the agenda. The City Council will then vote on the candidates. If a :andiclate fails to obtain an affirmative vote of at least four Councilmembers, the CounciImember nominating the candidate may call for o second vote at the next meeting on which this item is placed on the agenda. If the candidate still fails to receive an affirmative vote of at least four Councilmembers, the Councilmember will have one more opportunity to nominate a candidate for the board or commission place.The Councilmember will have the right to request two separate votes of the City Council on the second nominee. If a candidate fails to obtain an affirmative vote of at least four members of the Council on either of the two occasions that the candidate is nominated for the place on the board or commission, or if the r candidate fails to obtain an affirmative vote of at least fou, members of the Council at any of four consecutive meetings of the City Council - when this item j i'. was on the agenda of the Council - the nomination for the place on the board or commission may be made by any City CounciImember, including the CounciImember whose candidate has failed to obtained the required affirm,o ve { vote of the majonty of the City Council. When the nominations have concluded the candidate receiving four or more affirmative votes of the City Council will be elected to the place on the board or commission. Subsection (n. The City Council may vote on nominees for a particular place on a board or commission at the same meeting at which the candidate or candidates for that place on a board or commission are nominated without haArig to suspend the rules. SECTION 2: SaNc and except as amended hereby, all the remaining sections, clauses, phrases and sentences of Ordinance 94-163, as amended,shall remain in full force and effect. SF,CTION 3: That if any section, subsection,paragraph, sentence clilttse,phrase or word in this ordinance, or application thereof to any person or circumstance Is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity. SECTION 4: That this ordinance shall become effective immediately upon its passage and approval. PASSEL)AND APPROVED this the day of— 1999. JACK MILLER,MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY BY. t S A, r BOARDS/COMMISSION NOMINATIONA"NO AW*No AIRPORT ADVISORY BOARD Dist Current Member Nomination Term Council 1 Hal Jackson Hal Jackson 1997-99 Young Approved 6/22 2 Rick Woolfolk Rick Woolfolk 1997-99 Durrance Approved 6122 6 Don Smith Don Smith 1997.99 Burroughs Approved 6122 ANIMAL SHELTER ADVISORY BOARD Dist Current Member Nomination Term Council 7 Bob Rohr Bob Rohr 1997-99 Mayor Approved 6/21 I Joannie Housewright Paul Carberry 19197-99 Young Approved 6/22 _ 3 Lynn Stucky Lynn Stucky 1991-99 Cochran _ Approved 8/3 4 Veronica Rolcn Jennifer Walters 1997.99 Kristoferson Approved 8/3 5 Phyllis Flott Lisa Zotterelli 1998.00 Beasky Approved 7/27 BOARD OF ADJUSTMENT Dist Current Member Nomination Term Council 1 Tom Reece Tom Reece 1997-99 Young Approved 6/22 2 Larry Collistcr Term Not Expired 1998.00 Durrance 3 Vacant Greg Muirhead 3999-01 Cochran Approved 6/22 4 Vacant Jon Bergstrom IM-00 Kristoferson Approved 7/27 5 Bob Manning Term Not Expired 1998-00 Beasley 6 Rachel Mays Bryon Woods 1997-99 Burroughs Approved 7/27 7 Joe Bendzick Joe Bendzick 1997-99 Mayor Approved 6/22 A1t.1 Grant Jacobson 1999-02 Courcil r Approved 7/13 John Johnson 19 t %A' AIt.2 Approved 7/13 1999.01 Council l: AIt.3 Ernest McNeil 1999-00 Council ApMvtA 7113 1 COMMUNITY DEVELOPMENT ADVISORY COMMITTEE Dist Current Member Nomination Term Council 1 Harry Bell Harry Bell 1997.99 Young Approved ved 6/22 i 2 Lisa Polack Pat Colonna 1997.99 Durrance Approved 8/3 4 James McDade Diane Crew 1997.99 Kristoferson Approved 8/10 6 Roberta Donsbach Peggy Fox 1997.99 Burroughs Approved 7120 CONSTRUCTION ADVISORY& APPEALS BOARD Dist Speciality Nomination Term Council I Contractor Bill Redmon 1999.01 Young Approved 7113 2 Contractor Henry Rife 1999-00 Darrance Approved 8/3 3 Fngincer Nicholas Eassa 1999-01 Cochran Approved 7113 4 Architect Alan Nelson 1999.00 Kristorerson Approved 6/22 S Contractor Scott Richter 1999-01 Beas ey Approved.6122 6 Electrical Contractor Doug Grantham 1999-00 Burroughs Ap roved 8/3 Ig Plumbing Frank Cunningham 1999-01 Mayor Approved 7/13 DENTON HOUSING AUTHORITY Seat Current Member Nomination Term 7 Rosemary Rodriguez Rosemary 1997-99 Miller Rodriguez 7 Bob Sherman Katie Fleming 1997-99 Miller 7 Mark Chew Mark Chew 1997-99 Miller / ' 1 r;-\ r 2 � . I HISTORIC LANDMARK COMMISSION Dist Current Member Nomination Terri+ Council — _ 2 Glen Savage Lanelle Blanton 1997.99 Durrance Avaroved W3 4 Barry Vermillion Barry Vermillion 1997-99 Kristoferson Aoproved 7/13 5 Peggy Capps Peggy Capps 1997-99 Beasley Approved 6122 6 John Baires John Baines 1997.99 Burroughs Approved 7/27 I BuIlitt Lowry Karen Abernathy 1997.99 Young Approved 7/13 3 Bob Montgomery Bob Montgomery 1997.99 Cochran Appro ved 7113 HUMAN SERVICES ADVISORY COMMITTEE. Dist Current Member Nomination Term Council 4 Lynn Fbersole Lynn Ebersole 1997.99 Kristoferson Approved 6/22 5 Catherine Bell James McDade 1997.99 Beasley A moved V13 6 Vacant Terri Rheault 199M Burroughs Approved 6/22 ! 1 Mae NO Shephard Mae Nell S%,*4rd 1997-99 Young Approved 6122 3 Joni Locke 1997-99 Cochran 5 Peggy Kelly Peggy Kelly 1997.99 Beasley Atvrovod 6/22 6 Ke.it Miller Ktnt Miller 1997.99 Burroughs Approved 7/13 7 Elinor Hughes Elinor Hughes 1997.99 Mayor Approved 6/22 f 1 3 r w KEEP DENTON BEAUTIFUL. BOARD Dist Current Member Nomination Term Council x I Vacant Catherine Bell 1998-()0 Young i Approved 7113 3 Alice Gore Alice Gore 1997-99 Cochran Approved 7113 4 Kevin Kasparck Kevin Kasparek 1997-99 Kristoferson Approved 6122 5 Geri Aschenbretiner Geri Aschenbrenner 1997.99 Beasley Approved 6112 1 Vemie Wilson Vemie Wilson 1997.99 Young Approved 7/13 2 Vacant Kathi Randolph 1997.99 Durrancc Approved 7/13 LIBRARY BOARD _ Dist Current Member Nomination Tenn Council 5 Linnie McAdams Ken Ferstl 1997.99 Beasley Approved 6/22 6 Michiko Hayhurst Michiko Hayhurst 1997-99 Burroughs _ Approved 6122 1 Itlean Brown Lelean Brown 1997-99 Young Approved 7113 I 2 Carols Trail Carroll Trail 1997.99 Durance , Approved 7120 PARKS AND RECREATION BOARD Dist Current Member Nomination Term Council 5 Don Edwards Don Edwards 1997.99 Beasley Approved 22 6 Willie Hudspeth Corina Ramos 1997.99 Burroughs Approved 7/13 3 Dale Yeatts Tern Not Expired 1998-00 Cochran 7 Dalton Gregory Dalton Gregory 1997.99 Miller Approved 6/22 2 Vacant Brandon Bames 1998-00 Durrance As f A roved 7/13 r 4 _ New Position Brenda Phillips 1999-00 Kristoferson Approved 7't 3 t New Position Gwendolyn Carier 1999.01 Young Approved 7113 4 PLANNING AND ZONING COMMISSION Dist Current Member Nomination Tent Council " 4 Elizabeth Gourdie Elizabeth Gourdie 1997.99 Kristoferson Approved 6/22 7 Susan Apple Susan Apple 1997-99 Mayor Approved 6/12 1 Bob Powell Bob Powell 1997.99 Young 2 Rudy Moreno Rudy Moreno 1997.99 Durrance Approved 6112 6 Carol AnnGanzer Perry McNeill 1998-00 Burroughs Approved 7/27 PUBLIC UTILITIES BOARD Dist Current Member Nomination Term Council 7 Dick Norton Dick Norton 1995-99 Approved 6122 5 Bob Coplen Bob Coplen 1993.99 ADDroved 6/22 3 Bill Giese Term Not Expired 1996.00 4 George Hopkins Temp Not Expired 1998-02 6 Cbwldean Newell Term Not Expired 1997-01 l New Position Jim Wilson 1999.00 Approved 6/22 2 New Position Joe Mulroy 1999-01 Approved 6/22 Tb1PA BOARD OF DIRECTORS Seat Currcnt Member Norri�allon Tenn 0 Bill Gicsc Sandy Kristoferson 1997-99 ALL Approved 7/13 TPAFFIC SAFETY COMMISSION Dist Current Member Nomination Term Council 3 Carolyn Bacon Marshall Smith 1497-99 Cochran _ Approved 7/20 4 Many Phillips Chris King 1997-99 Kristoferson r Approved 7/27 5 Charles Ridens Charles Riders 1 997.99 Beasley (,; e _ Approved 6122 7 Jim E{obdy Pat Cheek 1997.99 Mayor Approved 7/13 I 5 c; t I UUilrll'Ji'i ftiUJ 94u4d4IUJL LVIIU1 w lktwnit 14� r,rx ut 1��'" ��i fz� ri3 G.wst:►•R' µc +°'4' gs�rtd Hatideaue ta: Cuulnoll a/17 y OAHC * Ountan A"Ordeb . HauuMs 0 rMpor11N1i 11 ift-se awda Provo 400 a.ON Owke 304 Wi71� le,71 AIWVU a r.K AuSut 17,1999 Barbara Roll•Adminittar City of Hatton MOO of Cammwiity Dewlopownt 100 West Oak St. Dow.!X 76201 Re: iterea 11. 12. and 13 c(Ow Comaot A lads City Council Meant Dar Barbara: I am m itiq to request that dw above refWOMW Imm which Inehtde the pird Amtndetenf to A jrNment Att"en the CitygDen+u. "d DAHC,be rwoved Aom the ward$of the City Coma mosiag scheds for wnV& I will twsact you about facheduling the agenda imu. I apologies for dw belated natica If you have any Queedom plem W me at 464.7041. S ty, Zane Surds Provo { 0 � i 1 Yr END OF FILE 1 .