HomeMy WebLinkAbout10-05-1999
C
r,
l
i
II
October 5, 1999
Agenda Packet
III
I
i
~I
t
1
AGENDA ;9wt141 ~(p~~'f
CH Y OF DEN TON CITY COUNCI L ut~df
October 5, 1999 ~•~j99.. -
After determining that a quorum is present and convening in an open meeting, the City Council
will convene in a closed meeting of the City of Denton City Council on Tuesday, October 5,
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
convene at the time listed below for its regular or special called meeting. Council reserves the
right to adjourn into a closed meeting on any item on its open meeting agerdr consistent with
Chapter 551 of the Local Government Code as set forth below.
I. Closed Meeting:
A. Consultation with Attorney - Under TEX. GOVT. Code Section 551.071.
1. Discuss with attorney an ordinance witherizing the City Manager to
execute a compromise settlement agreement between the City of Denton
and Wilton Rainey in final settlement of litigation styled Wilton Rainey V.
01y of Denton and Randy A. leave!!, Case No. 99.20152158 filed in the
158'h District Court of Denton County; authorizing the expenditure of
funds therefor; and declaring an effective date.
ANY FINAL ACTION, DECISION. OR VOTE ON A MATTER DELIBERATED IN A
C'LOSFD MF:F:T INO WILE. ONLY BE TAKEN IN AN OPEN MEETINO TI IAT IS IEEE D IN
C'OMPLIANC'E WfTfI TEX. GOVT, CODE Cll, 351. 'TIIE CITY COUNCIL RESERVES
IIIF RIGHT TO ADJOURN INTO A CLOSED MFETINO OR EXEC'UIIVE SESSION AS
All i 110RVE:D 13Y TE?X. GOVT. C'ODF SEC. 351.0011 F: f SEQ. (TEXAS OPEN
MFLIINUS AC°I') ON ANY I'T'EM ON ITS OPEN MEETING AGENDA OR TO
REC'ONVLNF IN A CONIINUA71ON OF THE CLOSED MEE"PING ON THE CLOSED
NIEHING II'IiMS NOi'ED ABOVE, IN ACCORDANCE WITIi THE. TEXAS OPEN
MHAINOS AC"I', INCLUDING, W1I IIOUT LIMITATION SECTIONS 551.071.551,086 OF
'I 'I IF. ON N RILL I INGS ACT.
Regular A1ecting of the City of Denton City Council on Tuesday, October S. 1999 at 6;00 p.m. in
the Council Chambers at City llall. 215 F, McKinney Strect, Ihnton, Texas at which the
following items will be considered:
Posting of Colors by Cub Scout Pack 61 - Webelo Den 5
1, Pledge of Allegiance
A. U.S, Flag
B, Texas Flag i
"I loner the 7 exas Flag I pledge allegiance to thee, Texas, one and indivisible." 1.
2. Consider approval of the minutes of August 3, August 9, August 10, August 12, August
14, August 16, August 17, f. ugust 24, and August 31, 1999.
t
City of Denton City Council Agenda
October 5, 1999
Page 2
PRESENTATInNS/PROCLAMIATII))N
3. October Yard of the Month Awards
4. Proclamations
A. Fire Prevention Week
13, Car Care Week
NOISE EXEMPT1O~
5. Consider a request for an exception to the noise ordinance for the Denton Main Street
Association third annl,al Pops in the Park Concert to be held Sunday, October 17, 1999,
in Civic Center Park from 3;00 p.m. to 6:30 p.m.
CONSLiST AGENDA
Bach of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommcndatious. Approval of the Consent Agenda authorizes the City
manager or his designee to implement each item in accordance with the Statl recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids and purchase orders to be approved for payment under the Consent
Agenda (Agenda Items 6-17). this listing is provided on the Consent Agenda to allow Council
Alentbers to discuss or withdraw an item prior to approval of the Consent Agenda. If no items
are pulled. Consent Agenda Items 6.17 below will be approved with one motion. If items are
pulled for separate discussion, they will be considered as the first items under "Items for
Individual Consideration".
6. Consider approval of a lax refund to Nonvest Mortgage for James E. Anthony. Jr. in the
amount of $604,90. the 1998 property taxes were paid twice.
7. Com,iLr approval of a tax refund to Irwin Mortgage for Stephanie C. Watson in the
amount of $600.00. 1 he 1998 property taxes were overpaid.
8. Consider approval of a lax refund to Don Merki in the amount of 5756.62. The 1998
property taxes acre paid twice.
9. Consider adoption of an ordinance ace~pting competitive bids and awarding a contract
for purchase of reverse osmosis water treatrncnt system; providing for the expenditure of
funds therefor; ar.d providing for an effective date. (Hid #2369 - Reverse Osmosis
System for Electric Generation Plant - Ionics Ah!bnger Water Company • $73,078) r'
10. Consider adoption of an ordinance authorizing the City Manager to enter into a 7 v
professional services agreement for services relating to improvements to South Lakes
Park and Joe Skiles Park with Schr!ckc!, Rol!; s R Associates, Inc,; authorizing the
expenditure of funds therefor; and providing an effective date. (PSA 02416 - Schrickel,
Rollins K Associates, Inc, • $71,500)
_ I
t
3
Cily of Denton City Council Agenda
October 5, 1999 I
Page 3
II. Consider adoption of an ordinance authorizing the City Manager to execute a
professional services agreement with Diversified Utility Consultants, Inc. for consulting
services pertaining to the development of a new electric service rate design fa. Denton
Municipal Electric; authorizing the expenditure of funds therefor, and provid' .g an
effective date. (PSA 02418 Diversified Utility Consultants, Inc. • $65,000)
11 Consider adoption ofan ordinance of the City of Denton, Texas accepting an offer for the
sale of certain real estate owned by the City of Denton and providing for an eftective
date. (File 2417 - sale of land 0.161 acres Well Site 05 - Trinity Presbyterian Church -
$300)
13. Consider adoption of an ordinance of the City of Denton, Texas providing for two hour
parking on the north side of M abcrry Street from its intersection with Elm Street to its
intersection Aith Locust Street from 8:00 a.m. - 5:00 p,m. Monday through Friday;
providing a savings clause; providing a severability claus:; providing a penalty not to
exceed two hundred dollars; and declaring an effective date.
14. Consider adoption of an ordinance of the City of Denton, Texas changing Walnut Street
to a one-way street heading west between Elm and Locust Streets; providing for sixty
degree angle parking on the north side of Walnut and parallel parking on the south side of
Walnut between Lim and Locust Streets; providing for parking time on this portion of
Wahtut Street to x limited to tv.o hours from 8:00 a.m. to 5:00 p.m, on Monday through
Friday: providing a savings clause; providing a sevcrability clause; providing a penalty
not to exceed Iwo hundred dollars, and declaring an effective date.
15. Consider adoption of an ordinance and approval of an InterlocaI Agreement for
Ambulance Service between the City of Denton and the folloNing cities:
A, City of Argyle
D, Cily of Corinth
C. City of Ponder
16. Consider adoption of an ordinance approving a real estate contract bet"tVn the City of
Denton and Lee Roy Mitchell and I.C. Mitchell, relating to the purchase of 0.644 acres of
land fur the expansion of U.S. Ilighway 77 (Parcel 12); authorizing the expenditure of
funds there for; and providing an effective date.
17, Cc ;idcr adoption of an ordinance approving a real estate conveyance between the City
of Ucnton and State of Texas. relating to 0.1117 acres of land for the expansion of U.S.
llighuay 77 (Parcel 26); authorizing the execution of the deed; and providing an
eftecIke date. ,
A
c
PUBLIC, IEF;ARING5 1
18 . Hold a public hearing and consider adoption of an ordinance of the City of Denton,
'texas, adopting Standards of Care for youth programs administered by Denton's Parks
and Recreation Department pursuant to Texas Iluman Resources Code Section 42.041 (b)
(14); and providing an effective date.
l t
I
1 ,
City of Denton City Council Agenda
(Mtober 5, 1999
Page 4
19. )told a public hearing ane consider approval of a Detailed Plan for 1.1 acres within the
Plannat Development (PD-41) zone district. The property is located at the southeast
corner of Loop 288 and East T4cKinney Street. A gas station and convenience store is
prrpe,ed, The Planning and Zoning Commission nvorrimends approval (7.0) with
conditions. (7-99.066, 7-Eleven)
2,). hold a public hearing and consider approval of the Ehrelopment Plan for approximately
MA acres within the Planned Development (PD-20) zoning district The property is
located on the south side of Interstate 35 East, at its intersection with Wind River Lane,
The planned development allows light industrial, general retail, office, multi-family
residential and single-family residential uses. The Planning and Zoning Commission
recommends approval (5-0). (G99.039, Unborn Lake)
2L Continue a public hearing and consider approval of a Concept Plan to rezone 16857
acres as a Planned Development (PD) zoning district. The property is located between
Nov fin Road. F,Is1. 2181 (Teasley Lane) and Robinson Road. Single-family residential
and comr.icrcial development is proposed. The Planning and Zoning Commission
recomrr - rids approval (6-0) with conditions. (7.99-053, 3beeler Ridge)
22. Continue a public hearing and consider approval of the rezoning of 0.241 acres
commonly known as 415 and 417 Egan Street, from a two-family dwelling (2-F) zoning
district to a multi-family dwelling-I (hiF-1) zoning district. The property is located at
the southeast corner of Carroll Boulevard and Egan Street. The Planning and Zoning
Commission recommends approval (6.1) of multi-family restricted (MF-R) zoning
classification Nithconditions, ('1.49-011, 413.417EganSrreer)
11 EMS FOR IYDIN'IDLTAI CONiSIDF RATIOY
23. Consider adoption of an ordinance authorizing the City Manager to execute a
compromise settlement agreement between the city of Denton and Wilton Rainey in final
settlement of litigation styled i{'rlrun Rainey tt City of Denton and Randy A. teat-ell,
Case No. 99.20152.158 filed in the 150 District Court of Denton County; authorizing
the expendnure of funds therefor; and declaring an cITcetive date
24. Consider approval of a resolution nominating a member to the Board of Directors of the
Denton Central Apprais it District; and declaring an effective date
25. Consider adoption of an ordinance of the City of Denton, Texas, providing for the
renaming of Southern Hill Boulevard to Brinker Road; and providing for an effective
date.
26. Consider adoption of an ordinance of the City of Denton, Texas, providing for the { 1'-
r marring of Thicket Trail to Montecito Drive; and providing for an effective date,
27. Consider adoption of an ordinance of the City of Denton, Texas amending the schedule
of fees conta:aed in Ordinance 98.268 by adopting a new schedule of fees as authorized
by C'hapicr 34 and Chapter 35 of the Code of Ordinances for the City of Denton, Texas,
City of Denton City Council Agenda
October S, 1999
Page 5
for filing applications for revicr , approval, grant or issuance of plats, plans, licenses,
certificates, variances or designations required by the subdivision rules and regulations
and zoning regulations of the Code of Ordinances; providing for repeal of all ordinances
in conflict herewith; providing a severability clause; providing a savings clause;
providing for publication; and pmviding an effective date.
28. Consider adoption of an ordinance authorizing the City h1anager to execute the second
amendment to the airport lease agreement between the City of Denton and Nebrig &
Associates, Incorporated relating to leasing premises at the Denton Municipal Airport for
construction of hangars, a fuel famt and related aviation racilitics thereon; and providing
for an effective date.
29. Misccliancous matters from the City Aianagcr.
30. Now Business
This item provides a section for Council Members to suggest items for future agendas.
31. Possible continuation of Closed Meeting under Sections 551.071.551.086 of the Texas
Open k1cetings Act,
32, Official Action on Closed Meeting under Sections 551,011.551.086 of the Texas Open
Mee'ings Act.
CI"RTIFICATE
I ccnify that the abowc notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the ___day of _ 1999 at -o'clock
CITY SECRETARY
\ NO IF: IIIF CI IY OP DENTON CI IY COUNCIL CIIAMBERS IS ACCESSIBLE IN
AC'CORDANC'E: H7CIE IIIL AMERICANS WI1I1 DISABILITIES ACT. THE CITY WILL.
PROVIDE SIGN LANGUAGE IN'CFRPRE'IFRS FOR TILE HEARING IMPAIRLD IF
REQUFSCF:D AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL '111E C'I'TY SECRETARY'S OFFICE AT 349.8309 OR USE
IF1.F:COMMUNICAVONS DEVICES FOR THE DEAF (TDD) BY CALLING 1.800-
RI LAY-IX SO 'CHAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
TI IROUGII IIIE C'I I Y SEC'RIJARY'S OFFICE. r
1.14
t
c,
l
AO~du ~Ic.
CI7 Y OF DENTON CITY COUNCIL MINUTES ApNtdn bm
August 3, 1999 Dde a
Alter determining that a quorum was present and convening in an open meeting, the City
Council convened in a closed meeting on Tuesday, August 3, 1999 at 3:15 p.m. In the Council
Work Session Room.
A. Consultation with Attorney- Under TEX. GOV'T. CODE See. 551.071.
Regular Meeting of the City of Denton City Council on Tuesday, August 3, 1999 at 6:00 p.m, in
the Council Chambers at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Cochran, Durnnce,
Kristoferson and Young.
ABSENT: Council Member Burroughs
1. Pledge of Allegiance
The Council and citizens recited the Pledge of Allegiance to the U,S. and Texas flags,
2. The Council considered approval of the minutes of April 6, April 9, April 13, April 20,
April 21 and April 27,1999.
Beasley motioned, Durrance seconded to approve the minutes as presented. On roll vole,
Beasley "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller"aye'. Nlotioncarriedunani,.,ously.
PRESENTATION f
31 Texas Lone Star Chapter of the Solid Waste Association of North America 1999 Road-E•
0 Awards
David Dugger explained what the Road-E-O was and introduced Leroy Ayers and Randall
Morris who received trophies during the Road-E-0.
4. August Yard of the Month Awards
Mayor Miller presented the August yard of the month awards to:
Brenda Floyd
Mary Nell and Lary Kouncs
Mr. and Mrs. John Hicks
Jacci Grey
Sonic Drive-in, Colorado Blvd.
Ci l VX REPORTS r'^
5. The Council received a citizen report from Nell Ycldell regarding tax and deeds.
Ms, Yeldcll was not present.
MINIM
t
i
City of Denton City Council Minutes
August 3, 1999
Page 2
CONSENT A ENDA
Cochran motioned, Beasley seconded to approve the Consent Agenda and the accompanying
ordinances and resolution. On roll vole, Beasley "aye", Cochran "aye", Durrance "aye",
Kristofcrson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously.
6• NO. 99.246
AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER ONE ,I
TO THE CONTRACT FOR THE PURCHASF OF TUBULAR STEEL 4
TRANSMISSION LINE STRUCTURES BETWEEN THE CITY OF DENTON AND
THOMAS & BETTS CORPORATION; PROVIDING FOP, AN INCREASE IN THE
SCOPE OF WORK AND AN INCREASE IN THE PAYMENT AMOUNT; AND
PROVIDINQ AN EFFECTIVE DATE. (BID #2346 - TUBULAR STEEL
TRANSMISSION LINE STRUCTURES (POLES) - THOMAS & BETTS
CORPORATIGN - 5420,000 PLUS CHANGE ORDER 1 -$39,992)
7, NO. 99-247
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF WATER DISTRIBUTION
LINES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE. (BID #1383 - BRIDGES/CARPENTER
WAI ERLINES -1AGOE PUBLIC COMPANY - 5151,965)
8• NO. 99-249
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH ARMSTRONG•BERGER, INC.
TO PROVIDE PROFESSIONAL SERVICES FOR THE DESI-jN AND
CONSTRUCTION DOCUMENTS O( TPE DOWNTOWN IMPROVEMENTS
PROJECT AND RELATED SERVICES AS SET FORTH IN THE CONTRACT;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE. (PRDFESSIONAL SERVICES AGREEMENT 1398 -
ARMSTRONG AND BERGER, INC. - $72,813)
9. NO. 99-249
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF SOFTWARE, HARDWARE AND INSTALLATION SERVICE FOR
INI ERNET ACCESS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE '
WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES A
FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN
EFFECTIVE DALE. (P. 0. #96372 -AMERITECH LIBRARY SERVICE $44,269)
f
r
City of Dcnton City Council Minutes
Augusta, 1999
Pago 3
10. NO. 99.250
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS, SUPPLIES OR SERVICES NECESSARY FOR THE INSTALLATION
OF A FLANNING AND DEVELOPMENT DEPARTMENT PROJECT
MAINTENANCE SOFTWARE AS AWARDED BY THE STATE OF TEXAS
GENERAL SERVICES COMMISSION QUALIFIED INFORMATION SERVICES
VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING, AN EFFECTIVE DATE. (P. O. 996583 TO
II.T.E., INC. - S319, E 15)
11. NO. 99-251
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF MULTI-PURPOSE WHITE
(COPY) PAPER; PROVID;NG FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE. (BID #2376 - WHITE MULTIPURPOSE
PAPER ANNUAL CONTRACT - ZF.ROX CORP.)
12. NO. 99-232
AN ORDINANCE SUPERCEDING AND REPEALING ORDINANCE NO. 98.190 TO
INCREASE THE SIZE OF LIBERTY CHRISTIAN SCHOOL'S SCHOOL ZONE;
DESIGNATING AND ESTABLISHING SCHOOL SAFETY SPEED ZONES;
REDUCING THE MAXIMUM PRIDIA FACIE SPEED LIMIT FOR SAID SCHOOL
SAFETY 'PEED ZONES TO SP0"IDS FOUND TO BE REASONABLE AND SAFE
BY THE ENGINEERING AND T;kAFFIC DEPARTMENT INVESTIGATIONS FOR
THE DES16NAIED HOURS; PROVIDING FOR SCHOOL BUS LOADING ZONES
AT CERTAIN SCHOOLS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED
TWO HUNDRED DOLLARS (5200.00); PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE.
13. NO, 99-233
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITIN'O PARKING
ON THE %vEST SIDE CF FULTON STREET FROM LINDEN STREET TO
CRESCENT STREET ON SCHOOL DAYS FROM 8:00 A.M. UNTIL 4:00 P.M.;
PROVIDING TWO HOUR RESTRICTED PARKING FROM 8:00 A.M. UNTIL 4:00
RM. ON THE EAST SIDE OF FULTON STREET FROM LINDEN STREET TO
CRESCENT STREET WITH A TWENTY-FIVE FOOT NO PARKING ZONE ON
EACH SIDE OF THE 2 HOUR RESTRICTED PARKING SPACES; PROVIDING A
TEN FOOT NO PARKING AREA ON BOTH SIDES OF THE DRIVEWAY WHICII
IS ON THE EAST SIDE OF FULTON STREET; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE.
City of Denton City Council Minutes
August 3, 1999 t.
Page 4
14. NO, R99-033
A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO
THE NORTH CENTRAL TEXAS COUNCIL OF GOVE!!}!MENTS AND OTHER
APPROPRIATE AGENCIES RELATING TO THE NOMINATION OF DENTON'S
HISTORIC UNION PACIFIC FF.EIGHT DEPOT FOR FUNDING UNDER THE
TRANSPORTATION EQUITY ACT FOR 21sr CLVIURY THROUGH THE
STATEWIDE ENHANCEMENT PROGRAM; AND PROVIDING FOR AN
EFFECTIVE DATE.
15, NO. 99-254
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT FOR PLANNING SERVICES TO
ASSIST THE CITY WITH THE REWRITE OF THE DEVELOPMENT CODE WITH
FREGONESE, CALTHORPE & ASSOCIATES; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE
(PROFESSIONAL SERVICES AGREEMENT 2404 - FREGONESE CALTHORPE &
ASSOCIATES - $50,440 FOR PHASE 1)
PUBLIC HEARINGS
16. The Council held a public hearing and considered rezoning 0.320 acres from a Multi-
Family dwelling (MF-I) zoning district to General Retail (GR) zoning district. The 0.320-acre
property, commonly known as 2526 Louise Street, was legally described as the western 90 feet
of Lot 10-R, Block 9 of the Owslcy Park Addition and was located on the northeast comer of
Bonnie Brac and Louise Street, The proposal was for a retail/grocery/deli type business. The
Planning and Zoning Commission recommended approval (5.2) with conditions. (Z-99-037,
2526 Louise Slrect)
Mark Donaldson, Assistant Director of Planning, stated this was in the Owsley Addition. He
noted the conditions in the agenda materials that were recommended by the Planning and Zoning
Commission.
The Mayor opened the public hearing.
The follow ing individuals spoke regarding the proposal:
Oscar Jimenez., 2729 Mistywood, Denton, 76201 - favor
Glen Daniels, 2505 W, Hickory, Denton, 76201 - opposition
Katie Croµdcr, 305 Ridgecrest, Denton, 76205 - opposition
~ r
Kristoferson motioned, Beasley seconded to approve the proposal with the conditions
recommcudcd by the Planning and Zoning Commission and with the condition of no on and off
Premise sale of beer/wine, On roli vote, Beasley "aye", Cochran "aye", Durrance "aye",
Kristofcrson "aye", Young "nay", and Mayo, Miller "aye". Motion earrkd with a 5.1 vole.
r
t
City of Denton City Council Minutes
August 3, 1999
Page 5
Item #18 was considered:
18. The Council held a public hearing regarding the proposed voluntary annexation of a
37.11-acre tract located on the cast side of Teasley Lane approxirnalely 700 feel south of
Hickory Creek Road in the City of Denton's extraterritorial jurisdiction (A-88-Teasley Lane
near Hickory Creek)
Mark Donaldson, Assistant Director for Planning, reviewed the details of the voluntary
annexation as noted in the agenda materials.
Council Member Burroughs arrived at the meeting.
The Mayor opened the p;-blic hearing.
The following individuals spoke regarding the annexation.
Brenda Phillips, 1101 Buena Vista, Denton, 76205 - favor (also in favor of Items #19.20)
Oscar Blankemeyer, 5353 Teasley Lane, Denton, 76205 - favor
No one spoke in opposition.
I
The Mayor closed the public hearing.
19. The Council held a public hearing regarding the proposed voluntary annexation of a
34.40 acre tract located on the north side of Ryan Road and cast of Forest Ridge Drive in the
city of Denton's Extraterritorial 1uri:diction (ETJ). (A•90, Shadow Brook Place)
Mark Donaldson, Assistant Director for Planning, reviewed the details of the proposed voluntary
annexation as indicated in the agenda materials.
The Mayor opened the public hearing.
I
No one spoke in favor or opposition.
The Mayor closed the public hearing.
20. Tlhc Council held a public hearing regarding the proposed voluntary annexation of 46.21
acres Ir. ,ted 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 would be
Agricultural (A), (A-91, Kirby Tract)
A
Mark Donaldson, Assistant Director for Planning, reviewed the details of the voluntary
annexation as noted in the agenda materials.
Slayor Miller opened the public hearing.
No one spoke in favor or opposition.
c
City of Dcnlon City Council Minutes
August 3, 1999 t,
Page b
The Mayor closed I)e public hearing.
Council returned to the regular agenda order,
17. The Council held a public hearing and considered adopting separate ordinances to annex
and zone a 65.174 acre tract located south of Nowlin Road on the east side of FM 2181 (Teasley
Lane) generally opposite Hickory Creek Road, presently in the City of Denton's ETJ. (A-83, Top
ofthe Hill Subdivision)
A. Considered adopting an ordinance, on second reading, to annex a 65,174 acre
tract located south of Nowlin Road on the east side of FM 2181 (Teasley Lane)
generally opposite Hickory Creek Road, in the City of Denton's ETJ, to approve a
service plan for the annexed property, to provide a severability clause and to
provide for an effective date. (A-83, Top of the Hill Subdivision)
I
B. Held a public hearing and considcred rezoning 65.174 acres from a temporary
Agricultural (A) zoning district to a Planned Development (PD) zoning district.
The 65.174 acre property was located south of Nowlin Road on the east side of
FM 2181 (Teasley Lane.) generally opposite Hickory Creek Road. The proposal
was for 40,37 acres of Single-family residential at 4 units pcr acre and a minimum
lot size of 5,750 square feet, 20.23 acres of single-family residential with a
minimum lot size of 10,000 square feet and 0.084 acres Commercial (C) for a
future telecommunications tower. The Planning and Zoning Commission
rccomniendcd approval (7.0) with conditions, (Z-99-025, Top of the Hill
Subdivision) ,
The following ordinance was considered:
NO. 99-256
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 65.174 ACRES
OF LAND CONTIGUOIIS AND ADJACENT TO THE CITY OF DENTON, TEXAS,
LOCATED SOUTH OF NOWLIN ROAD ON THE EAST SIDE OF FM 2181
(TEASLEY LANE) GENERALLY OPPOSITE HICKORY CREEK ROAD, IN THE
COUNTY OF DENTON; APPROVING A SERVICE PLAN FOR THE ANNEXED
PROPERTY PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
Beasley motioned, Burroughs seconded to approve the annexation. On roll vote, Beasley "aye",
Burroughs aye ,Cochran "aye". Dunance "aye", Kristoferson "aye", Young "aye", and Mayor
%lillcr"ayc'. Motion carriedunanimously.
Donaldson reviewed the request for rezoning. '
'the %layor opened the public hearing.
T he following individuals spoke during the public hearing:
t
City of Denton City Council Minutes
August 3, 1999
Page 7
Bob Nelson, 3229 Dunes, Denton, 76201 - favor
David Howell, 15851 Dallas Parkway, Addison, 75001 - favor
Ben Pinnell, R1, 13, Corinth - favor
Frank Rabold, 1301 Buena Vista, Denton, 76205 - opposition
The Mayor closed the public hearing.
Kristoferson motioned, Durance seconded to approve the zoning request for Tracts One and
Two and on Tract 3 allow for 3 units per acre net exclusive of the greenspace and amenities and
the removal of the lclecommun[cations tower.
h1ayor Pro Tern Beasley qucstionni :he 3 units per acre net of the greenspace,
Council Member Kristoferson stated that the developers had indicated that the project was 2.82
units on a gross spaceage. That meant that all of the amenities were taken out and then the lot
sire was based on that acreage. The neighbors were under the impression that the density was 3
units per acre. Now the density was listed as 4 units per arse but was figured on the gross
acreage,
Donaldson stated that currently there was nothing in the zoning ordinance that required the open
space. 71te site plan was not attached to the ordinance, only the list of attributes was attached. i
The exhibits attached to the ordinance were the concept plan, the mots aad bounds and the list of
zoning attributes. There was no language in the proposed ordinance that required a certain
,,mount of open space within Tract Three.
Council Member Kristoferson pointed out that Exhibit C indicated 5% open space.
Donaldson replied that was correct so approximately 2.5 acres of open space would be required.
the dcvcloper stated that the lower was already in place and had been done before the
annexation of the land.
i
Mayor Miller staled that he was against the motion as it was a step backwards. Ile felt the j
Council got caught up in the size of lots and was not considering the amenities. The
recommendation by the Planning and Zoning Commission looked at the fact that the 1988 plan
analysis nut the requirements of that plat and also the 1989 plan. He felt the concept was
fm orablc, Removai of the lower was not possible as it had been done prior to the annexation of
the property. He was in favor of approval of the plan as recommended by staff.
Council Mcntber Young stated that he was against the motion. The dcvcloper had done
everything that the City had asked and still sane of the C.runcil was not satisfied, r A
Council Alcmbcr Burroughs felt that that the proposal was a similar goal as to what should be
done w th the city. This development fell in line with the approach for the city. He felt this was
a high quality dcvelopn:enl. The proposal had certain built-ins with the developer's vision for
the property. The bottom line was that the developer was trying to make as much green space as
possible and that was reflected in the concept plan, The entire community would benefit from
G
1 ,
I
I
I
City of Denton City Council Minutes
August 3, 1999
Page 8
that concept. The traffic question was a problem but that was a problem with any city shat was
growing. He would be voting: against the motion.
Council Member Cochran felt that the issue of the tower clouded the motion. The developer had
an existing lease to a third party for the tower and he had a difficulty ignoring that situation. He
questioned how much it was relative to the motion.
Council Member Krisloferson stated that the tower was secondary to the points of traffic and
density. There were no opportunities for mass transportation in this area. The proposed density
in her motion was one way to lower traffic congestion. She would be willing to not consider the
tower for the density.
Mayor Pro Tern Beasley stated that she agreed that the tower should not be considered as a lease
was already done prior to annexation. She wanted to have open space but also did not want
urban sprawl. She felt sonic larger lots in the development would be good but also wanted the
green space and amenities. Four units per acre might be too dense but the motion might be too
less dense. She would vote against the motion.
Council Member Durrance felt that the citizens were concerned with density. The growth
management strategies indicated that this property was for low density. This proposal was not
for low density. Traffic was not the sole issue but was a concern of his.
On roll vote for Council Member Krisloferson's motion, Beasley "nay", Burroughs "nay",
Cochran "nay", Durrance "aye", Kristofctson "aye", Young "nay", and Mayor Miller "nay",
Motion failed with a 2•3 vote, '
Young motioned, Burroughs seconded to approve the proposal as per the Planning and Zoning
Commission's recommendations.
Council Mcm)cr Cochran felt this was a quality project and that the developers had tried to tailor
it to the land, But he also did not think that it meant that the property was right for that level of
development i f the infrastructure was going to fail. He would not vote for the motion.
Mayor Pro Tem Beasley stated that she would not vote for the motion as it was still not right for
her, She felt that 3.5 units per acre wo lld be good.
I he following ordinance was considered,
NO.99.257
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION 4
AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 65,17 ACRES OF I
LAND GENERALLY LOCATED SOUTH OF NOWLIN ROAD ON THE EAST SIDE
OF FM 2181 (TEASLEY LANE) GENERALLY OPPOSITE HICKORY CREEK
ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
c
City of Denton City Council Minutes
August 3, 1999
Page 9
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
After Council discussion of the motion, Council Member Young amended his motion and
Council Member Burroughs agreed to a maximum of 140 units and that Attachment 5 would
become a part of the ordinance as an indication of the type of development of open space.
On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Krisloferson "aye",
Young "aye", and Mayor Miller "aye Motion carried with a 6-1 vote.
The Council considered Item #25.
25, The Council held a public hearing and considered adopting separate ordinances to annex
a 794 acre tract and zone a 2,725 acre tract located generally between 1.35W and Florence Road
and between Crawford road and Lively Road. (A-87 and Z-99.044 Robson Rancb)
A. Considered adopting an ordinance on second reading to voluntarily annex the
subject 194-acre tract; to approve a service plan for the annexed property, to
provide a severability clause and to provide for an effective date. This was the
second reading )f the ordinance. The Planning and Zoning Commission
rccommcndcd approval.
B. field a public hearing and considered adopting an ordinance to zone the subject
2,725-acre tract to a Planned Development (PD) zoning district. The requested
rezoning was for a planned resort retirement community with residential, 1
neighborhood services; outdoor recreation and community service uses. The
Planning and Zoning Commission recommended approval.
The rollowing ordinance was considered.
N0.99.264
AN ORDINANCE; OF THE CITY OF DENTON, TEXAS, ANNEXING 194 ACRES
OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS,
GENERALLY LOCATED AT THE SOUTHWESTERN EXTRATERRITORIAL
JLIRISDIC'T ION BOUNDARIES OF THE CITY OF DENTON, TEXAS AND
NORTHWESTERN EXTRATERRITORIAL JURISDICTION OF THE TOWN OF
NORTHLAKE, TEXAS, PETWEEN I.351V AND FLORENCE ROAD, AND
BIAWEEN CRAWFORD AYD LIVELY ROAD IN THE COUNTY OF DENTON,
TEXAS; APPROVING A ',ERV:CE PLAN FOR THE ANNEXED PROPERTY;
PROVIDING A SEVERAWLITY CLAUSE; AND PROVIDING AN EFFECTIVE ti
DATE.
l1•~
Beasley motioned, Burroughs seconded to adopt the ordinance for annexation. On roll vote,
lieaslcy "ayc'", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young
"ayc and~fayorAfiller"aye". Motion carried unanimously.
1
'r
t
c.
City of Denton City Council Minutes
August 3, 1999
Page 10
Dave Hill, Assistant City Manager for Development, presented the layout of the proposal. The
general use was to rezone the property to at planned resort retirement community. The applicant
structured the permitted land uses and lot sizes and bulk and mass to meet certain product uses.
The Planning and Zoning Commission rccommcrxicd approval with several conditions as noted
in the agenda materials. Robson representatives had asked to have a consideration of variances
to important design elements as part of the concept design approval. Staffwas not comfortable
with that at this point in time. Item #4 of the Planning and Zoning Commission recommendation
acknowledged the fact that there might be some situations to give a variance to the entire concept
plan but acknowledged that they would work with the process. There was a lot of discussion at
the Planning and Zoning Commission relative to landscaping and the intent of the applicant to
comply and wanting some concessions. The Planning and Zoning''-mmission recommended
approval allowing 50% of the required Irecs to be less than 3' a v-iper. Staff felt that if
research showed that there was a need to provide relief to the landscape ordinance, then the
landscape ordinance should be changed rather than provide variances on an individual property
basis. 11 was stall's opinion that at this time there was no data that indicated that a hardship
existed at this point. There was no detailed plan submitted with this concept plan.
The :Mayor opened the public hearing.
The following individuals spoke during the public hearing:
I
Steve Soreano, Robson Properties - favor
Jim Carter, 204 Fresh Meadow, Trophy Club, 76262 - favor
Richard Webster, Ponder, 76259- favor
Terry Clover, 2214 Cedarwood, Garland, 75040 - favor
Riley Mills, 113 Seminole Drive, Trophy Club, 76262 - favor
Peggy Capps, 915 W Oak, Denton, 76201 favor
Bob Moses, 1400 Robinson Road, Donlon, 76205 - favor
D A, Sharpe, 8618 Baltimore Drive, Dallas, 75225 - favor
Raymond Redmon, 710 Prairie Street, Denton, 76205 - favor
Dan Martin, 717 LaFaycite Drive, Denton, 76205 - favor
David Eaton, 1611 Paisley Drive, Arlington, 76015 - favor
Richard Tucker, 406 Country Club Road, .Argyle, 76226 - favor
Ken Burdick, 2112 Pembrooke Place, Denton, 76205 - favor
Tony Clark, 3516 Belmont, Denton, 76205 - favor
Alayor Miller indicated that he had speaker cards and faxes from the following individuals who
did not o,ti ish to speak regarding the proposal,
A petition with 150 names in support
Dave Ross, 1124 McCormick, Denton, 76201 • favor j
Jim Stuckey, 5236 W. Lively Rd., Ponder, 76259 - favor f
Chris Rosprim, 2113 Emerson, Denton, 76201 • favor
Chuck Carpenter, 1112 Pennsylvania, Denton, 76205 - favor
Fllcn Paintcr, 207 N. Bonnie Brae, Denton, 76201 • favor
Ray Bejamno, 2021 Lamprey, Denton, 76205 - favor
Kirk King, 1505 Lynhurst, Denton, 76205 - favor
Darrell Mitchell, 1412 Lynhurst, Denton, 76205 - favor
1
` c
I
I
City of Denton City Council Minutes
August 3, 1999
Page I I
Christine Rowl,1300 Vista Verde, Denton, 76205 - favor
Priscilla Sanders, 408 Hollyhill, Denton 76205 - favor
Greg Sawko, 3505 Forrestridge, Denton, 76205 - favor
Dick Smith, 1903 Maid Marian, Denton, 76201 - favor
Kati Vick, 1008 Coil, Denton, 76201 - favor
Scott Vick, 1008 Coil, Denton, 76201 - favor
Craig Woodeook, P.O, Box 2185, Denton, 76202 - favor
Troy LaGrone, $29 Magnolia, Denton, 76201 - favo-
Ed Frantz, 28011-35, Denton, 76202 - favor
Jon Phillips, 3400 Fallmcadow, Denton, 76201 - favor
Ashley House, 1305 Foxhollow, Denton, 76205 - favor
Andrew Gregory, 921 Edgewood, Denton, 76201 - favor
Bob Haley, 3535 1-35, Denton, 76205 - favor
Janet French, 907 Coil, Denton, 76201 - favor
Nancy Homtt, 2901 D; stin Drive, Denton, 76205 - favor 1
Stephen Finley, 2615 Wellington, Denton, 76201 - favor
Leslie Thompson, 2425 E. Windsor, Denton, 76201 - favor
Gayle Harris, 1305 Foxhollow, Denton, 76205 - favor
Caleb O'Rear, 3344 Ashcroft Lane, Denton, 76207 - favor
Letter from Denton Commuriiy Hospital - Tim Charles - favor
Fred Pole - letter - favor
Ken Willis - fax - favor
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99.265
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2,725 ACRES OF
LAND GENERALLY LOCATED BETWEEN 1.35W AND FLORENCE ROAD, AND
BEaWFEN CRAWFORD AND LIVELY; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE,
Beasley motioned, Young seconded to adopt the ordinance with condition 45 changed to add the
s%ording subject to verification during the detailed plan." On roll vote, Beasley "aye", Burroughs
"aye'", Cochran "aye", Durrance "aye", Kristofcrson "aye", Young "aye', and Mayor Miller "aye". r r
Motion carried unanimously. ,
11cm k22 was considered.
22, The Council continued a public hcanng and considered adopting separate ordinances to
annex and zone a 75.71 acre tract located on the south side of McKinney Street and directly
opposite of Trinity Road, presently in the City of Denton 's ETJ. (A-84, Trinity Meadows)
City of Denton City Coun,11 Minutes
August 3, 1999
Page 12
A. Considered adopting an ordinance on second reading to involuntarily annex the
subject 75.71-acre tract; to approve a service plan for the annexed properly, 1)
provide a scverability clause and to provide for an effective date. This was the
second reading of the ordinance. The Planning and Zoning Commission
rcrommended approval 7-0.
B. Held a public hearing and considered adopting an ordinance to zone be subject
75.71-acre tract to an Agricultural (A) zoning district. The Planning and Zoning
Commission recommended approval 74
The following ordinance was considered-
NO. 99-258
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 75.71 ACRES
OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DEMON, TEXAS,
LOCATED ON 'THE SOUTH SIDE OF MCKINNEY STREET AND IS DIRECTLY
OPPOSITE OF TRINITY ROAD ON THE COUNTY OF DENTON, TEXAS;
APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Burroughs motioned, Beasley seconded to adopt the annexation ordinance, On roll vote, Beasley
"aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and
Mayor Miller "aye". Motion carried with a 6-1.
Mark Donaldson, Assistant Planning Director, reviewed the location of the proposed zoning
district.
The Mayor opened the public hearing for the zoning proposal.
No one spoke during the public hearing.
The Mayor closed the public hearing.
7 he following ordinance was considered
NO. 99-239
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY
DESIGNATING TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION i
AND USE DESIGNATION FOR 75.71 ACRES OF LAND IN THE CITY OF
DENTON, TEXAS, LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET
AND DIRECTLY OPPOSITE OF TRINITY ROAD; PROVIDING FOR A PENALTY
IN THE MAXINIUM AMOUNT OF 52,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
t
City of Denton City Council Minutes
August 3, 1999 §
Page 13
Kristoferson motioned, But roughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye', Durrance "aye', Kristoferson "aye", Young "aye', Pnd Mayor
Miller "aye". Motion carried unanimously.
21. The Council held a public hearing and considered approval of a Detailed Plan for Planned
Development 129 (PD-129) totaling 15.147 acres. The property was legally described as being
15.147 acres in the B.B.B, and C. R. R. Company Survey (Abstract 186) in the City of Denton,
Denton County, Texas. It was located west of Stuart Road, north of Wolftrap Drive, south of
Aspen, and castor Lido Way. The proposal was for Wenly-nine (29) single-family detached lots
and forty-one (41) duplex lots (totaling 82 units). The Planning and Zoning Commission
recommended approval (4.3). (Z99-034, Olympia Creek Court)
This item was postponed.
23. The Council continued a public hearing and considered adopting separate ordinances so
annex and one an 83.75 acre tract located on the northwest comer of Loop 288 and Stuart Road
intersection, presently in the City of Demon's ETL (A-85, Mesquite Meadows)
A. Considered adopting an ordinance on second reading to involuntarily annex the
subject 83.75-acre tract; to approve a service plan for the annexed property, to
provide a severability clause and to provide for an effective date. The Planning
and Zoning Commission recommended approval 6-1.
B. Held a public hearing and considered adopting an ordinance to zone the subject
83.75-acre tract to an Agricultural (A) zoning district. The Planning and Zoning
Commission recommended approval 6-1.
The following ordinance was considered;
O. 99.260
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 83.75 ACRES
OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS,
LOCATED ON THE NORTHWEST CORNER OF THE LOOP 288 AND STUART
ROAD INTERSECTION IN THE COUNTY OF DENTON, TEXAS; APPROVING A
SERVICE PLAN FOR THE ANNEXED PRC""RTY, PROVIDING A
SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Durrance seconded to adopt the ordinance, On roll vote, Heasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Krisloferson "aye', Young "nay", and Mayor
Ali Ilcr "aye". Motion carried with a 6.1 vote.
l he Mayor opened the public hearing for the zoning proposal. t
'I he following Individual spoke during the zoning proposal
Brenda McDonald, 8333 Douglas Ave, Suite 900, Dallas, 73225 - favor
t
City of Denton City Council Minutes
Au6ust 3, 1999
Page 14
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-261
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY
DESIGNATING TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION FOR 83175 ACRES OF LAND IN THE CITY OF
DENTON, TEXAS, LOCATED ON THE NORTHWEST CORNER OF THE LOOP 288
AND STUART ROAD INTERSECTION; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, BLIsley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye'. Motion carried unanimously.
24. The Council continued a public hearing and considMed adopting separate ordinances to
annex and zone a 19.802 acre tract located on the south side of Edwards Road, approximeteiy
2,000 feet west of Swisher Road, presently in the City of Denton's ET). (A-86, Lubbers
,Addition)
A. Considered adopting an ordinance on second reading to involuntarily annex the
subject 19.802-acre tract; to approve a service plan for the annexed property, to
provide a severability clause and to provide for an effective date. The Planning
and Zoning Commission recommended approval 4.3.
B. Hcld a public hearing and considered adopting an ordinance to zone the subject
19.802-acre tract to an Agricultural (A) zoning district. The Planning and Zoning
Commission recommended approval 4.3.
The following ordinance was considered:
NO. 99-262
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 19.802
ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF
DENTON, 'i EXAS, LOCATED ON THE SOUTH SIDE OF EDWARDS ROAD,
APPROXIMi` ELI' 2,900 FEET WEST OF SWISHER ROAD IN THE
COUNTY OF 1. ?NTON, TEXAS; APPROVING A SERVICE PLAN FOR THE '
ANNEXED PR%,,i'ERTY; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "Aye",
Burroughs "aye", Cochran "aye', Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carriod unanimously.
c
i
I
City of Denton City Council Minutes
August 3, 1999 r
Page Is
The Mayur opened the public hearing for the zoning proposal.
No one spoke during the public hearing.
The Mayor closed the public bearing.
The following ordinance was considend;
NO. 99-263
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY
DESIGNATING TO AGRICULTURAL (A) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 19,802 ACRES OF LAND
IN THE CITY OF DENTON, TEXAS, LOCATED ON THE SOUTH SIDE OF
EDWARDS ROAD, APPROXIMATELY 2,000 FEET WEST OF SWISHER
ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE. (A-86, LUBBERS ADDITION)
Kristoferson 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"ayc". Motioncarried unanimously.
"'EMS FOR INDIVIDUAI CONSIDERATION
26. The Council considered adoption of an ordinance amendment correcting the conditions
established by Ordinance 99-140, which established a conditioned Multi-Family 1 (MF-1[c])
zoning district classification and use designation for 18.003 acres; providing for a savings clause;
providing for a penalty in the maximum amount of $2,000.00 for violations thereof; and
providing for an effective date. The subject property was legally described as Lot 1, Block I of
the Jefferson Commons Addition and was located on the south side of Colorado Boulevard,
apnr•, ~-natcly five hundred and fiRy (550) feet west of Southern Hills Boulevard, and on the
north side of 1.35 East, immediately cast of pace's Crossing Apartments complex. (Z-99-009)
!Mark Donaldson, Assistant Planning Director, stated that there appeared to be misinterpretation
of the conditions associated with this rezoning. Aner a review of the tapes of the meeting and
the minutes, it was felt that revisions were in order to reflect the actual motion. The required
fence would be only along the property line adjacent to Paces Crossing and the requirements for
the landscape bufferyard would be revised. The bufferyard would b.- additional'recs one every
20 feet along the property line of Paces Crossing,
'v}ayor Miller indicated there u as a sp:aker card regarding this item, ~ I
Jonathan Vinson stated that they had the videotape trans.ribcd from the prior meeting that
chaifrcd the provisions for approval by Paces Crossing as indicated in the letter of support Paces
Crossing had submitted,
ff
I
c
City of Denton City Council Minutes
August 3, 1999
Page 16
The following ordinance was considered;
NO. 99-266
AN ORDINANCE AMENDMENT CORRECTING THE CONDITIONS
ESTABLISHED BY ORDINANCE 99.140, WHICH ESTABLISHED A
CONDITIONED MULTI-FAMILY 1 (MF.I[Cj) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 18.003 ACRES; PROVIDING
FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beas ey "aye", '
Burroughs "aye", Cochran "nay", Durrance "nay", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carried with a 5.2 vote.
i
27. The Council considered approval of a resolution authorizing the Mayor to sign a
Memorandum of Agreement with the City of Corinth to mutually disannox and then proceed to
annex certain property along the joint Denton and Corinth city boundary.
The following resolution was considered: i
R99-034
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A
MEMORANDUM OF AGREEMENT WITH THE CITY OF CORINTH TO
MUTUALLY DISANNEX AND THEN PROCEED TO ANNEX CERTAIN
PROPERI ALONG THE JOINT DENTON AND CORINTH CITY BOUNDARY;
AND DECLARING AN EFFECTIVE DATE.
Young motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye', Durrance "aye', Kristoferson "nay", Young "aye", and Mayor
Nlillcr "aye". Motion carried with a 6.1 vote.
28. The Council considered adoption of an ordinance approving a real estate contract
between the City of Denton and Ella Jean llcnsley, relating to the purchase of 0.430 irres of land
for the expansion of U,S. Highway 77 (Parcel 33G); authorizing the expenditure of funds
therefor; and providing an effective date.
the following ordinance a as considered:
NO. 99-267
r
rr'
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CI fY OF DENTON AND ETT4 JEAN HENSLEY, RELATING TO THE PURCHASE
OF 0.430 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77
(PARCEL 33G); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE,
t.
t
City of Denton City Council Minutes
August 3, 1999 w
Page 17
Cochran motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burruughs "aye", Cochran "aye", Durrance "aye", Kristoferson "ayr", Young "ay-", and Mayor
Miller "aye". Motion carried unanimously.
29. The Council considered adoption of an ordinance amending Section 2.62 of Chapter 2 of
the Code of Ordinances of the City of Denton to provide conflict of interest provisions for board
and commission members consistent with the confl;~-t of interest provision recently passed by the
voters in the Citv Charter election; amending Section 2-84 of Chapter 2 of the Code of
Ordinances of the City of Denton to provide for the nomination and appointment of members to
the Public Utilities Board and Parks and Recreation Board consistent with the amendments to the
City Charter approved by the voters at the May I, 1999 City Charter election; providing for
ratification of prior action; providing a savings clause; providing a severability clause; and
providing an effective date.
Mayor Miller indicated that there was a speaker card submitted on this issue
Steve Kniatt spoke on the issue.
Council Member Young stated that it was his understanding that this would be a new concept for
making nomin tions to boards and commissions. Council was doing different than what the I
voters wanted and whal The voters had voted on. This would confirm the voting fraud and was a
cover up on what was done.
City Attorney Prouty stated that this ordinance corrected an old ordinance in regards t) the
members on the boards relative to conflict of interest. It also changed the format for nominations
on certain board as per the recent Charter election.
The following ordinance was considered:
NO. 99-268
AN ORDINANCE AMENDING SECTION 2-62 OF CHAPTER 2 OF THE CODE OF j
ORDINANCES OF THE CITY OF DENTON TO PROVIDE CONFLICT OF I!
INTEREST PROVISIONS FOR BOARD AND COMMISSION MEMBERS
CONSISTENT WITH THE CONFLICT OF INTEREST PROVISION RECENTLY
PASSED BY THE VOTERS IN THE CITY CHARTER ELECTION; AMENDING
SECTION 2-84 OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY
OF DENTON TO PROVIDE FOR THE NOMINATION AND APPOINTMENT OF
MEMBERS TO THE PUBLIC UTILITIES BOARD AND PARKS AND
RECREATION BOARD CONS1SIENT WITH THE AMENDMENTS TO THE CITY
CHARTER APPROVED BY THE VOTERS AT THE MAY 1, 1999 CITY CHARTER
ELEC1 [ON; PROVIDING FOR RATIFICATION OF PRIOR ACTION; PROVIDING
A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PR011IDIN'G AN EFFECTIVE DATE,
C
I
City of Denton City Council Minutes
August 3, 1999
Page 18
Durrance mctiorv~d, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye'', Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor
Miller "aye". Motion carried with a 6-1 vote,
30. Tho Council considered approval of a resolution of the City Council of the City of
Denton, Texas expressing its support for the National Low-Sulfur Gu:oline and Tier 2 Emissions
Standards proposed by the Environmental Protection Agency; and providing an effective date.
The following resolution was considered:
NO. R99-035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
EXPRESSING ITS SUPPORT FOR THE NATIONAL LOW-SULFUR GASOLINE
AND TIER 2 EMISSIONS STANDARDS PROPOSED BY THE ENVIRONMENTAL
PROTECTION AGENCY; AND PROVIDING AN EFFECTIVE DATE. i
Cochran motioned, Durrance seconded to adopt the resolution. On roll vote, Bc.:,ley "aye",
Burroughs "aye', Cochran "aye", Durrance "aye", Krislofetson "aye", Young "aye", and Mayor
Siillcr "aye". Motion carred unanimously,
I
31, The Council considered nominations/appointments to the City's Boards and
Commissions.
Attachment A detailed the nominations and the appointments made.
As the re-nomination of Bob Powell for the Planning and Zoning Commission failed to pass, the
City Attr,ncy indicated that Sir. Powe!; would remain in office until a replacement was
approved by the Council.
Council Slember Krisloferson stated that the current Council's Rules of Procedure did not
adequately cover this situation and indicated that she would be requesting staff to prepare an
ordinance to address this issue.
33, Sfiscellancous Matters from the City Manager. (I
City Manager Jez indicated that the August 12'h budget review would start at 11:30 a.m. rather
than the previously indicated start time. It was felt that the review should be completed by the
end of the day and the meeting for August 13'" would not be needed,
33. New Business 4
A. Council Mcmber Kristofcrson requested staff prepare an ordinance for
consideration regarding continuation of nominations when those nominations repeatedly fail.
34. There was no continuation of Closed Meeting under Sections 551.011.331.085 of the
Texas Open Meetings Act.
City of Denton City Council Minutes
August 3, 1999
Page 19
35. There was no official action on Closed Meeting under Sections 551.071-'51.085 of the
Texas Open Meetings Act. I
With no further business, the meeting was adjourned at 1230 a.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
I
{
r
Attachment A BOARDS1CONIMISS10NNOMINATIOR(
AIRPORT ADVISORY BOARD _
Dist Current Member Nomination Term Council
I Hal Jackson Ilallackson 1997.99 Young
Approved 6/22
2 Rick Woolfolk Rick Woolfolk 1997-99 Durrance
Approved W22
6 Don Smith Don Smith 1997-99 Burroughs
Approved 6122
ANIMAL SIIELTER ADVISORY BOARD
Dist Current Member Nomination Term Council
7 Bob Rohr Bob Rohr 1997-99 Mayor
Approved 6121
1 Joartnie Ilousewdght Paul Carberry 1997.99 Young
A rovcd 6121
3 Lynn Stucky Lynn Stucky 1997.99 Cochran
_ Approved 813199
4 Veronica Rolen Jennifer Walters 1997-99 Kristorerson
App, roved 8/3199
s Phyllis Flott Lisa Zolterelli 1998.00 Beasley
Approved 7/27
BOARD OF ADJUSTAIENT
Dist Current Member Nomination Term Council
I Toni Reece Tom Reece 1997.99 Young
A roved 6122
2 _ Larry Collislcr Term Not Expired 1998-00 Durance-
3 Vacant Greg Muirhead 1999.01 Cochran
A roved W22
4 Vacant Jon Bergstrom 1999-00 Kristorerson
Approved 7/27
3 Bob Manning Term Not Expired 1998-00 Beasley
6 Rachel Mays Bryon Woods 1997.99 Burroughs
A roved 7/27
7 Joe Bendzizk Joe Dendzick 1997.99 Mayor
Approved 2
AhA Grant Jacobson 1999.02 Council ~r
A roved 1/13
All .2 John Johnson 1999.01 Council ! f
Approved 7113
Alt.3 Ernest McNeil 1999.00 Council
Approved 7113
i t
I
1
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
Dist Current Member Nomination Trnn Council
I Ilarry Bell Harry Dell 1997.99 Young
Approved 6/22
2 Lisa Polack Pat Colo nna 1997.99 Durrance
Approved 8/3/99
4 James McDade 1997-99 Mstaferson
(not el gble for
tee intr nl
6 Roberts Donsbach Peggy Fox 1997-99 Burroughs
Approved 7/20
CONSTRUCTION ADVISORY & APPEALS BOARD
Dist Speciality Nomination Term Council
1 Contractor Bill Redmon 1999.01 Young
Approved 7/13
2 Contractor Henry Rife 1999.00 Dunance
Approved 8/3199 _
3 Engineer Nicholas Eassa 1999.01 Cochran
Approved 7113
4 Architect Alan Nelson 1999.00 Krislofetson i
Approved 6122 _
S Contractor Scott Richter 1999-01 Beasley
A rovod 6/22
6 Electrical Contractor Doug Grantham 1999.00 Burroughs
Approved 81309
- i
7 Plumbing Frank Cunningham 1999.01 Mayor
Approved 7/13
DENTON 11OUS1NG AUTHORITY _
Scat Current Member Nomination Term
7 Rosemary Rodriguez Rosemary 1997-99 Miller
Rodriguez
7 Bob Sherman Katie Fleming 1997.99 Miller ~i
7 Mark Chew Mark Chew 1997.99 Miller 1
,
2
i
I
HISTORIC LANDMARK COMMISSION
Dist Current Member Nomination Temt Council m
2 Glen Savage Lanelle Blanton 1997-99 Durrance
Approved 8/3199
4 Barry Vermillion Barry Vermillion 1991.99 Kristorerson
Approved 7/13
S Peggy Capps Peggy Capps 1997.99 Beasley
Approved 6/22
6 John Baines John Baines 1997.99 Burroughs
A roved 7/27
I Bullilt Lowry Karen Abernathy 1997.99 Young
Approved 7/13
3 Bob Montgomery Bob Montgomery 1997.99 Cochran
Approved 7/13
HUMAN SERVICES ADVISORY COMMITTEE
Dist Current Member Nomination Term Council
4 Lynn Ebersole Lynn Ebersole 1997.99 Kristorerson
Approved 6/22
S Catherine Bell Jamcs McDade 1997.99 Beasley
Approved 7/13
6 Vacant Terri Rheault 1998.00 Burroughs
Approved 6/22
1 Mae Nell Shephard Mae Nell Shephard 1997-99 Young
Approved G/22
3 Jerd Locke 1997.99 Cochran
S Peggy Kel.v Peggy Kelly 1997.99 Beasley
A moved 6/22
6 Kcnt Miller Kent Miller 1997.99 Burroughs
Approved 7113
7 ElinorlRighcs Elinor Hughes 1997.99 Mayor
Approved 6/22
I
1
I
3
I
c
KEEP DENTON BEAUTIFUL BOARD
Dist Current Member Nomination Perm Council a.
I Vacant Catherine Bell 1998.00 Young
Approved 7113
3 Alice Gore Alice Gore 1997.99 Cochran
A roved 7133
4 Kevin Kasparek Kevin Kasparek 1997-99 Kristofemon
Approved 6/22
S Geri Aschenbrenner Geri Aschenbrenner 1997.99 Beasley
Approved W22
1 Vcmie Wilson Vemie Wilson 1997.99 Young
Approved 7/13
2 Vacant Kathi Randolph 1997.99 Durrance
Approved 7/13 j
I
LIBRARY BOARD
Dist Current Member Nomination Term Council
S Linnie McAdams Ken Ferstl 1997.99 Beasley
Approved 6/22
G MicHho Ilayhursl Michiko Ilayburst 1997.99 Burroughs
A roved 6122
1 Lelean Brown Lckvt Brown 1997.99 Young j
Approved 7/13 1
2 Carroll Trail Carroll Trail 1997.99 Durrance
Approved 7120
PARKS AND RECREATION BOARD
Dist Current Member Nomination Term Council
S Don Edwards Don Edwards 1997.99 Beasley
Approved W22 _
G Willie Hudspeth Coring Ramos 1997.99 Burroughs
Approved 7/13
3 Dale Ycatls Tcmi Not Expired 1998.00 Cochran
7 Dalton Gregory Dalton Gregory 1997.99 Miller
A roved W22
2 Vacant Brandon Bames 1998.00 Durrance
Approved 711)
4 New Position Brenda Phillips 1999.00 Krisloferson t
Approved 7/13
I New Position Gwendolyn Carter 1999-01 Young
Approved 7/13
k
l
i
PLANNING AND ZONING COMMISSION
j Dist Current Member Nomination Term Council
4 Elizabeth Courdie Elizabeth Gourdie 1997.99 Krisloferson
A roved 6/22
7 Susan Apple Susan Apple 1997.99 Mayor
Approved 022
l Bob Powell Bob Powell 1997.99 Young
1 Rudy Moreno Rudy Moreno 1997.99 Durrance
A) roved 6/22 i
6 Carol Ann Ganzer Perry McNeill 1998.00 Burroughs
A roved 7/27
PUBLIC UTILITIES BOARD
Dist Current Member Nomination 1,rm Council
7 Dick Norton Dick Norton 1995.99
Approved 6122
5 Bob Coplen Bob Coplcn 1995.99
A re-md 6/22
3 BiH Giese Term Not Expired 1996-00
4 George Hopkins Tcnn Not Expired 1998-02
6 Charldean Newell Temi Not Expired 1997.01
l New Position Jim Wilson 1999-00
Approved 6/22 +
2 New Position Joe Mulroy 1999.01
A roved 6122
7A1PA BOARD OF DIRECTORS
Scat Current Member Nomination Tcan
Bill Gicsc Sandy Kristoferson 1997.99 ALL
L-] _ - - Approved 7/13
'I RAFI IC SAF'F: N COMM1SSiON
Dist Currcnl Member Nomination Term Council
3 Carolyn Bacon Marshall Smith 1997.99 Cochran
Approved 7/20
4 Harry Phillips Chris King 1997-99 Kristoferson
A roved 7/27
5 Charles Ridem Charles Ridens Approved 6122 1997.99 Beasley
7 Jim Ilobdy Pat Cbcck 1497.99 Mayor
Approved 7/13
t {
5
i
t
A-
i
CITY OF DENTON CITY COUNCIL MINUTES
AUGUST 9,1999
The Council convened into a Joint meeting with the Argyle Independent School District
Board of Trustees on Monday, August 9, 1999 at 12.00 noon in the Council Work
Session Room at City Hall.
Present: Mayor Miller, Mayor Pro Tem Beasley; Council Members Burroughs and
Kristofcrson
ABSENT: Council Members Cochran, Durrance and Young
1. Mayor Miller announced at a quorum of the Council was present,
2. Council and the Board discussed the following topics:
A. Planning and Zoning Procedures
B. Status of Ongoing developments within the AISD
C, Denton Comprehensive Plan
D. Proposed School Sites within the AISD
E. AISD Long Range Plans
F. Other issues pertinent to both entities
Topics A F: B were discussed together. The Council and Board discussed proposed
developments including The Vintage, Robson, Iluffines, Hills of Argyle and HiIlwood
that would affect beth enlities. They also discussed Denton's thoroughfare plan relative i
to roads that connected with Argyle and Denton.
Topic C was a review of the proposed plan.
Council Mcmber Kristofcrson left the meeting at 1:15 p.m, thus losing the quorum of the
Council. Wilh no quorum of the Council, minutes were no longer taken.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CIT Y SECRETARY
CITY OF DENTON, TEXAS i
1 t
CTY OF DENTON CITY COUNCIL MINUTES
August 10, 1999
After determining that a quorum was present and convening in an open meeting, the City
Council convened in a closed meeting on Tuesday, August 10, 1999 at 5,15 p,m. in the Council
Work Session Room at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson and Young.
ABSENT: None
L Deliberations concerning Real Property - Under TEX. GOVT, CODE Sec 55 t.071; and
Consultation with Attorney - Under TESL. GOVT. CODE Sec. 551,071. Considered at,d
discussed the valuation and the possible sale, transfer, or other divestiture of real property
pertaining to the city of Denton's electric utility system, including, without limitation:
the Gibbons Creek generation facility located in Grimes County, Texas; the Spencer
generation facility located on Spencer Road in Denton, Denton County, Texas; the
hydroelectric facilities located in Denton County, Texas; and other components of the
City's electric generation assets. Conduct a consultation with the City's attorneys,
including the City's outside legal counsel, in order to consider and discuss various
options and strategies, and to obtain the advice and recommendations of the City's
attorneys respecting the issues concerning the city's electric generation assets contained
in this numbered paragraph.
i
Work Session of the City of Denton City Council on Tuesday, August 10, 1999 at 6:00 p.m. in
the Council Work Session Room in City Hall.
PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson and Young.
i,BSENT: None
Iran #3 was considered,
3. The Council receive] a report, held a discussion ithd gave staff direction regarding two
amendments to the 1993 Denton Mobility Plan Componca Amendment One was described as
the Southwest Denton 11135W/US77 amendment, Amendment Two w:z described as the
Lakeview Boulevard Route Amendment.
Jerry Clark, Director for Engineering & I ransportation, reviewed the alternatives as indicated in
the agenda materials. Staff was recommending taking S170,000 from right-or-way money and
use towards a Cooper Creek bridge. The developer should donate all right-of-way for the route.
Mayor Miller stated that he did not want another low water crossing in the City. Ile understood
that the Lakeview developers had concerns regarding the proposal.
Paul Spain, I.okevicw developer, stated that they Acre Interested in a better location than what J
was originally proposed. A suggestion was to change the zoning on the section of Lakeview
Ranch between Mills Road and Pecan Creek. Part of that request was to more Lakeview Blvd.
to the west, They had a meeting with the surrounding neighbors who indicated support of the
second option they proposed.
h t
II ,
r
F
City of Denton City Council Minutes
August 10, 1999
Page 2
I
Council Ncmber Kristoferson did not like the idea of a higher level of participation. The bond
money was passed for current citizens while the proposed development of Lakeview was not.
Council Member Yotmg recommended that the development plan b^ adopted. The proposal
mould relieve the area of some of the traffic.
Mayor Pro Tcm Beasley stated that this was a major transportation issue. Development was
rapidly progressing in the area.
Consensus of the Council regarding Amendment Two was to proceed with a traffic study to
determine an estimate of cost for right-of-way and bridges for the options beer.-e making a
determination on which option to support. The developer could continue through the process
with his proposal.
Clark reviewed the proposal for Amendment One located in the southwest quadrant near III 33W
and US 37?, 11 was proposed that the section of roadway between 11133W and US377 be
changed to Primary Arterial Classification which changed the section to Urban from the Rural
Expressway Section used on Loop 288 on the north and reduced the needed right-of-way from
220' to 120'.
r
Consensus of the Council was to proceed with a public hearing on the proposal.
1. The Council received a report, held a discussion and gave staff direction concerning the
construction and operation of a Materials Recovery Facility at the City's landfill or alternative ,
recycling sen ices.
Charlie Watkins, Director of Solid Waste, stated that the 1995 Solid Waste Management Master
Plan recommended the construction of a Materials Recovery Facility. The MRF would be
located at the City's landfill and would process the residential and commercial waste delivered to
the landfill in order to remove its recyclables. It was estimated that the use of a MRF would add
about nine years to the landfill's useful life. Ile presented options for the facility as noted in the
agenda materials. Staff was recommending that the Council postpone further consideration of
the MRF until fiscal year 2001 budget preparation cycle. Staff also recommended the f
continuation of the current recycling program.
Council Member Young stated that he would like to see a private partnership with the City for a
NlkF. If that was not possible, he suggested contracting the recycle program to a private
organization.
Council Member Kristoferson felt the same as Council Member Young and wanted to proceed
Nith looking at a MRF, l
Mayor pro 'fan Beasley felt that the community wanted to recycle and wanted such a facility.
She questioned what another year would achieve.
Martin stated that another year would provide more infomnation concerning cash flow and
making the facility fiscally sound.
t
City of Donlon City Council Minutes
August 10, 1999
Page 3
Council Member Durrance felt that as growth increased, the need for recycling also increased.
lie suggested working on a "blue" based recycling system that might assist in recycling. He felt
the interest in recycling was there in the community.
Consensus of Council was to have staff look at the cost estimates for building a MRF and
purchasing a baler for paper and cardboard. A committee might be formed to look at the issue to
report back to Council.
2. ]'he Council received a report, held a discussion and gave staff direction regarding the
1999-2000 budget adoption process.
Jon Fortune, Director of Management and Budget, reviewed the 1999.2000 budget adoption
process as noted in the agenda materials.
Consensus of the Council was to proceed with 15e recommended schedule.
4. The Council received a report, held a discussion, and gave staff direction regarding a
proposed amendment to the Council's Rules and Procedurts relative to nominations on boards
and commissions.
i
Ilerb Prouty, City Attorney, stated that currently the rules indicated that each council member
was responsible fur nominations to places assigned to him/her. City Council Members made
nomin. ;ions and the entire Council approved those nominations. The concept of the Council's
rules indicated that nominations would try to have new people in the board/commission places
from time to time and from all sectors of the community. There was not much guidance in the
Council's Rules and Procedures relative to the number of times to nominate an individual to a
particular position. Roberts Rules of Order did indicate a procedure for such a case. One
Council recommendation was to antcud the rules to limit The number of times to nominate
candidates to same position. Another recommendation was to limit the number of times to
nominate a Particular candidate and if that nomination failed, to have a vacant position until a
candidate was confim,ed. That would not be possible in the case of decision making boards as
the law indicated a hold over provision there people presently serving in a position kept [bat
position until a new member was appointed and sworn in. His recommendation was to keep the
current procedure to nominate candidates for each place on board or commission. Council
would decide the number of times to nominate each candidate. A single candidate could be
norninatcd for that number of times and if failed, the nominations would be opened to the
Council and every member would have an opportunity to nominate a person to that position.
When nominations ceased, Council would vote on the nominees and the one with four
a[limralkc votes would be confirmed. If the current ordinance were ame:ided, it would take
effect when passed and not be retroactive.
Council Mcmbcr Burroughs suggested a procedure in which each ntemb,6 would submit four
nominations for any one position with no nomination more than twice for I:: same person. If
that Council Member were not able to successfully nominate an individual to that position after
four votes, then the procedure would be opened to the entire Council. Nominations would have
to be completed by September I" and if no nominations were suggested by the council member,
the process would again be opened to the Council for nominations.
I
IiI
r
c
City of Denton City Council Minutes
August 10, 1999 <
Page 4
City Attorney Prouty suggested a time limit of 30 - 45 days with four attempts to nominate.
Council Member Young stated that he had researched this procedure back for 14 years and could
not find where a Council Member had had a nominee rejected. He was the first and now Council
was going to change the rules. This was a racial procedure as he was the only African-American
on Council and the only one this was being done to. Council should not be able to appoint
someone else's position. That would allow for a situation where a block of Council Members
could continue to deny an individual Council Member a nomination to a board or commission.
Council Member Durrance suggested a variance to the proposed procedure whereby each
Council Member would have two nominations per position with two votes on each nomination.
If, at that point, the nomination was not confirmed, the process would be opercd to the entire
Council as a whole with a majority vote confirming the candidate to fill the position. All
Council Members would have an opportunity for nominations at this process. This would J
fomtalire a procedure Council was following. He suggested making the procedure retroactive to
the present nomination process.
Council Member Cochran noted that in July 1995 a commissioner nominated for the Planning
and Zoning Commission was rejected. The current procedure for nominations had only been in
existence for 4.5 years. There was not a 14 year history of this process. This proposal would be I
fine tuning the process that they had been following for a number of years.
Mayor Pro Teri Bcasley stated that all of the Council Members had had nominations rejected
before this new process for the Parks and Recreation Board and the Public Utilities Board as they ,
were open nominations. This was not something rrw.
Council Member Kristoferson stated rhat the proposed ordinance was to clarify the officers rules
of service. Issues were to determine the point of termination of service. It was to clarify
Icmtination of current service and to determine the point of termination if not the current
member was not rc-confirmed,
City Altorncy Prouty stated [hat by law a decision making board had to hold over the current
member until a replacement could be confirmed and sworn in. A distinction would have to be
made regarding which boards that would apply to.
Mayor Slillcr sug,;cstcd not taking any action at this point. if the suggested procedure were
followed there migt,t be a case where a group of council members might purposely not vote for a
nominee in order to have a different nomination.
Council Member Kristoferson felt that there was not a clarification of this particular procedure
and that this type of situation might happen again in the future. If there was an oversight in the ~ t'. `
process iI needed be corrected,
Mayor Pro Tcm Beeslcy was not in favor of having any type of change be retroactive.
City Attorney Prouty reviewed the proposals presented by Council and indicated that an
ordinance for Council consideration would be prepared.
1
c,
City of Denton City Ceunc+l Minutes
August 10, 1999
Page 5
5. New Business
There were no items of New Business suggested by Council for future agendas.
Following the completion of the Work Session, the Council convened into a Special Called
Session.
II The Council considered a motion to authorize the holding of a City Council meeting
outside of City Hall.
Burroughs motioned, Beasley seconded to authorize the holding of a meeting outside of City
Hall. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristofcrson
"aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously.
2. The Council considered nominations/appointments to the City's boards and commissions,
Council Member Kristoferson nominated Diane Crew to the Community Development Advisory
Committee.
Durrance motioned, Burroughs seconded to suspend the rules to allow the Council to vote on the I
nomination at this meeting. On roll vote to suspend the rules, Beasley "aye', Burroughs "aye',
Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye".
,S1otion carried unanimously. On roll vote for the nomination to the Community Development
Advisory Committee, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye",
Kristoferson "aye', Young "aye', and Mayor Miller "aye". Motion carried unanimously,
With no further business, the meeting was adjourned 10;00 p.m.
I
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
Cl TY OF DENTON, TEXAS ' '
c
CITY OF DENTON CITY COUNCIL MINUTES 1
August 12, 1999
The Council convened into a Special Called Meeting on Thursday, August 12, 1999 at 11:30
a.m. in the Council Work Session Room at City [fall.
PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran,
and Kristofcrson
ABSENT: Council Members Durrance and Young
1. The Council received a report, held a discussion and gave staff direction regarding the
1999-2000 operating budget and the 2000-2004 Capital Improvement Program.
I
Jon Fortune, Director of Management and Budget, presented the 1999-2000 budget for Council
review. Major issues included:
General Fund Reserve Level - the proposal was to increase the reserve to 13% of total
expenditures. The Fund Balance would be used for one-lime resources only and not for j
recutring expenditures.
Sales Tax - a 5°ib growth was estimated over the current year estimate. Council discussed
whether or not to allow the sales tax amnesty weekend for next year. The budget might need to
be adjusted by approximately $75,000 to allow for the next three day weekend.
Property Tax - the proposed budget incorporated no change in the ad valorem tax rate of
$.50915 per $100 valuation. This would require a notice for tar revenue increase and a public
hearing on a tax revenue increase.
Park Fees - tho Parks and Recreation Department's revised revenue philosophy was presented to
the Council on June 22, 1999. The proposed budget included additional revenue generated by
increases to existing fees, as well as new user fees.
Animal Control Fees - the proposed budget included an increase in selected fees related to the
impoundmcni and disposition of animals.
Municipal Court Technology Surcharge - Senate Bill 601 allowed municipal courts to require
defendants, con%ictcd of a misdemeanor offense, to pay a technology fee of $4. This revenue
~.u)uld he deposited in a municipal court technology fund and would be used to finance
tLchnological enhancements for the municipal court.
Public Safety Re%cnuc - the proposed budget included an increase in fees related to funeral
escorts, securih provided by off-duty officers at city activities and automobile impoundment
Engineering Fees - the proposed budget included several increases to engineering fees and the
establishment of a traffic safety variance fee. The new Traffic Safety Variance fee was designed
to recover a potion of the costs associated with applications processed through the Traffic Safety
Commission,
Pay Plan - the proposed budget allowed for a market-based adjustment. Civil Service employees
would receive a 5% increase with normally scheduled step increases, Nor-Civil Service
c
City of Denton City Council Minutes
August 12, 1999
Page 2
employees would receive a 2% across the board increase with a 04% increase for pay for
performance. TMIS would increase to 7% and Fire Pension would increase to 101,,0.
Public Safety - through federal grants, the Police Departm(-nt would be able to hire three new
police officers, an automated notification system, 9 patrol bicycles, portable/mobile radios and
bullet proof vests, In the area of traffic enforcement, the proposed budget included an increase
funding for office overtime for the purpose of selective traffic enforcement. A Law
Enforcement Television Network Satellite Training System would provide a computer-based
training system that allowed officers to obtain required training hours on an individual bases on-
site. The proposed budget included funding for the replacement of 2 vehicles used by the
parking enforcement officers and three marked police units with mobile data computers. The
1999.2000 budget included funding for 15 additional firefighters, a dedicated truck company,
administrative office relocation and EMS Life paks.
StrcetslTraftic - $100,000 would be allocated for a "pot-hole" sweep, public transit study
recommendations would be imflemeated in such areas as extending service hours, revising bus
routes, naming, and marketing. Equipment purchases proposed included a paint striper, a water
truck, motor grader, dump-bed truck and an air compressor.
Planning and Development - Funding was proposed to rewrite zoning code and subdivision
regulations, the publishing of the comprehensive plan once adopted, a stenographer for Planning
and Zoning and Zoning Board of Adjustment minutes, a development review planner and a code
enforcement officer.
Human Services Contributions the proposed budget included contributions at the committee
recommended levels.
Parks and Recreation - a new park detail crew was recommended that would add 6 new
maintenance positions and allow for more frequent trimming, edging and litter removal and
included the purchase of 4 trucks and other miscellaneous equipment. Enhanced City
beautification was proposed with additional color plantings, plantings in hi6n•visible impact
areas, median maintenance for Fort Worth Drive and Research Blvd. and a lease for the Keep
Dcnton Beautiful office. Various enhancements were budgeted for at the recreation centers and
expanded youth services.
Ycar 2000 Contingency • 5500,000 would be reserved in the Risk Retention Fund for any
potential Y2K problems.
Capital Improvement Bond Election - the proposed budget included funding for the bond
election expenses.
Other Services - the proposed budget included funding for services at the Airport, Legal / j'-
Department, Municipal Court, Facilities Management, Accounting, Council contingency, and
Vehic!^s.
Council Member Durrancejoined the meeting.
I
i
I
City of Denton City Council Minutes
August 12, 1999
Page 3
Recreation Fund - the proposed budget included funding to expand existing summer camPs
Kid's Day Off and family special events.
Electric Summary - the proposed budget included no basic rate changes. The Energy Cost
Adjustment rate was also proposed to remain unchanged at $.02 per kilowatt hour. One full time
employee would be added, A new Operations and Dispatch Division would be created to
maintain better information regarding responding to customer trouble calls. A Return on
Investment/franchise fee of 3.5% was recommended.
Water Summary - the proposed budget included no base rate changes for retail customers. The
wholesale raw and treated water rates decreased slightly. A net increase of one full time
employee was recommended. Return on Investment/Franchise fee was projected at 3.5% and a i
4% franchise fee payment to the General Fund.
Wastewater Summary - no base rate changes were proposed for wastewater retail customers in
1999.2000. No rate change was proposed for wholesale treated wastewatet to Upper Trinity
Regional Water District. There was a proposed decrease of.5 full time employees. A new No-
solids division would be created to identify and track the cost to manage bio-solids disposal
Return on Investment/franchise fee would be 3.35% and a 4% franchise fee payment to the
General Fund.
I
Solid Waste - the proposed Solid Waste budget included no base rate changes, a net increase of
2.5 full time employees and a 4% franchise fee payment to the General Fund,
Hotel Occupancy Tax Funding - $665,000 was available for appropriation with 5231,066 of
reserves being used, The City Council sub-committee had recommended funding expenditures,
Other Issues - Internal service funds, ambulance service to surrounding cities and health
insurance issues were detailed under this item.
With no further business, the meeting was adjourned at 3:20 p.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
.ENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
I
c~
f
CITY OF DENTON CITY COUNC IL MLQUTES
August t4, 1999
Community Wide Workshop sponsored by the Denton City Council on Saturday, August
14, 1999 at 9:00 a.m. at Calhoun Middle School Cafeteria, 709 Congress, Denton, Texas.
1. Council received public comments and held a discussion regarding the Draft
Denton Comprehensive Plan.
Formal minutes were not taken at this meeting. Public comments were recorded by the
Planning Departrnrat.
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
I
I
I
i
r
~ t
l f
s
CITY OF DENTON CITY COUNCIL MINUTES
August 16, 1999
Special Called Meeting of the City of Denton City Council on Monday, August 16, 3449
at 7:45 p.m, at the Center for the Visual Arts.
PRESENT: Mayor Miller; Mayor Pro Tern Bewley; Council Members Burroughs, and
Durrance.
ABSENT: Council Members Cochran, Kristoferson and Your ;g
1. The Council considered approval of a resolution of appreciation for retiring
Board/Commission members.
Durrance motioned, Beasley seconded to approve the resolution. On roll vote, Beasley
"aye", Burroughs "aye", Durrance "aye", and Mayor Miller "aye". Motion c&li,-d
unanimously.
With no further business, the meeting was adjourned at 8:30 p.m.
JACK MILLER, MAYOR
CITY OF UENTON, TEXAS
JENNIFER WALT rRS ,
CITY SECRETARY
Cl TY OF DENTON, TEXAS
i
f
I
F
e
i
I
i
CITY OF DENTON CITY COUNCIL MINUTES
August 11,1999
The Council convened into a Regular Meeting on Tuesday, August 17, 1999 at 6:00 p.m. in the
Council Chambers at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran,
DwTance, Kristofe,son 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.
2. The Council considered approval of the minutes of May 4, May 11, May 18, May 25, and
May 21-22, 1999.
Cochran motioned, Burroughs seconded to approve the minutes as presented. On roll vote,
Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Krisloferson "aye", Young
"aye", and Mayor Miller "aye". Motion carried unanimously.
PROCLAMATIONS
E
3. Proclamations
Mayor Miller presented proclamations to Brave Combo and Josef Alavidze.
QTIZEN REPORT I
4. The Council received a citizen report from Gerry Baincs regarding Public Information
Offrcc for Denton County MHMR Center.
Ms. Baines stated that she was the new Public Information Officer for Denton County MHMR
Center. She looked forward to working with the Council.
NOISE E\CEPTIOY
5. The Council considered 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.
Beasley motioned, Burroughs seconded to approve the exception. On roll vote, Beasley "aye", i
Burroughs "aye", Cochran "aye", Durrance "aye", Kri;tofetson "aye", Young "aye", and Mayor R
Millcr%ye'. Motioncarriedunanimously.
CONSENT A(sENDA
Mayor Millet stated that Items #11-13 had been pulled from consideration due to a request by the
Denton Affordable Housing G)rporation to delay consideration.
c
I
City of Denton City Council Minutes
ti-
August 17, 1999
Page 2
Council Member Kristoferson objected to a delay of Items 011-13, She t'clt that if approved, the
memorandum of understanding would be current and not subject to negotiation.
Mayor Miller slated that the delay was requested as the documents had not gone to the Board of
Directors at this time.
Council Member Kristoferson requested an update on the progress of the project as it appeared
that the project was behind schedule.
Kristoferson motioned, Durrance seconded to keep items 411.13 on the Consent Agenda.
Mayor Pro Tern Beasley staled that the Board was requesting the delay as they had not yet been
able to approve the documents.
Council Member Durrance stated that the Council had had a work session on this matter several
weeks ago and the Board should have approved the documents by this point in time. This was
preo sly breached. The entire board was present at the last work ess agreemco that on when Council
been another
discussed this item.
City Attomey Prouty slated that the memorandum of agreement had been signed by a
representative of the Denton Affordable Housing Corporation but the Board had not approved
that signature at the time it was signed. He asked if Council wanted to prof •ed without Board
approval I
City Manager Jcz stated that the memorandum of understanding was the Board. The incompicte document was the Amendment to the 1999 Action t Plan and had notf
been signed by the Board.
On roll vote to not Postune Items All-] 3, Beasley "nay". Burroughs "nay", Cochran "nay",
Durrance "aye", Krisloferson "aye', Young "na and Mayor Miller ay". Motion failed with a I~
2.5 vote.
Young motioned, Burroughs seconded to postpone Items #11.13.
Council Member Durrance felt that this was a tactic to delay and the Housing Corporation was
not abiding by their se ,edule.
Council Member Kristoferson reviewed what was suppose to be done and indicated that those
i
items were not done. She wanted to know where the Corporation was in the process. 4
Mayor Pro Tern Beasley stated that the Corporation was working for a solution to the problem.
The majority of the Board and the neighbors were happy with the solution. She did not know
until this meeting that the items were going to be requested to be pulled.
On roll vote to pnstpone Items #11.13, Beasley "aye", Burroughs "aye", Cochran "aye'. Durrance
"nay", Krist ~fersoa "nay", Young "aye', and Mayor Miller "aye". Motion carried with a 5-2 vote.
~ 1.
I
l
City of Denlon City Council Minutes
August 17, 1999
Page 3
Beasley motioned, Young seconded to approve the Consent Agenda and accompanying
ordinances with the exception of Items 11.13. On roll vote, Beasley "aye", Burroughs "aye",
Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye', and Mayor Mdler "aye".
Motion carried unanimously.
6. 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. NO. 99-269
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. (BID #2386 - SANDPIPER AND WESTCHESTER AWARDED
TO OSCAR RENDA CONTRACTING, INC. IN THE AMOUNT OF 5337,653)
8. NO. 99.270
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING 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. (BID #2387 -
HICKORY CREEK SANITARY SEWERLINE CROSSINGS AWARDED TO OSCAR
RENDA CONTRACTING, INC. IN THE AMOUNT OF $549,115.50)
9. NO. 99-271
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 THE AMOUNT OF $35,711)
10. NO, 99-272
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 - l
DISTRIBUTION TRANSFORMERS AWARDED TO THE LOWEST BIDDERS AS
LISTED, ANA UAL ESTIMATED EXPENDITURE IS $450,000)
11. Postponed
12. Postponed
a
t
City of Denton City Council Minutes
Au, ust 17, 1999
Page 4
13. Postponed
14. NO. 99-273
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 U.S.
HIGHWAY 77 (PARCEL 35); AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
15. NO. 99-274
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,
MARILYN B. SLAUGHER ORR AND CONNIF. 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.
PUBLIC IIEARINCS
16. The Council held a public hearing and considered approval of a reso,ution amending
Resolution 95-065 by adopting an amendment to the Roadway Component of the Dei,ton '
Mobility Plan for the City of Denton affecting the southwest Denton IH35W/US 377 area.
Jcrry Clark, Director of Engineering and Transportation, presented the proposed mobility plan
for council consideration. He reviewed the details of the plan as indicated in the agenda
materials.
The Mayor opened the public hearing.
the following individual spoke during the public hearing:
Susan Blakensh3n, Carter & Burgess -opposition
i'he Mayor closed the public hca-ing,
The following resolution was considered;
r
NO. R9o 06 ! 1 A
A RESOLUTION AMENDING RESOLUTION 98-065 BY ADOPTIN40 AN
AMENDMENT TO THE ROADWAY COMPONENT OF THE DENTON MOBILITY
PLAN FOR THE CITY OF DENTON AFFECTING THE SOUTHWEST DENTON
11135VJ/US 377 AREA.
_ k
t
t
City of Denton City Council Minutes
August 17, 1999
Page 5
Beasley motioned, Young 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.
17. The Council was to have held a public hearing and considered approval of an amended
Concept Plan for a Planned Development zoning district (PD-139). The 404 acre property was
located between Bonnie Brae Road and I-35W at F.M. 2449 (Ponder Road). Commercial,
neighborhwd services, single-family detached, single-family at+ached, school, and parkland
development were propos:d. The Planning and Zoning Commission recommended approval (6-
0) with conditions. (Z-99-010, The Vintage- PD Concept Plan).
This item was postponed.
18. The Council was to have held a public hearing and considered approval of a Detailed
Plan for a Planned Development zoning district (PD-139) encompassing 265.48 arses. The
property was located between Bonnie Brac Road and 1-35W at F.M. 2449 (Ponder Road).
Single-family development, a school site, parkland, and open space were proposed. The
Planning and Zoning Commission recommended approval (6-0) with conditions. (Z-99-030, The
Vintage - PD Derailed Plan)
7 his item was postponed.
19. The Council held a public hearing and considered rezoning a 5.0-acre site from an
Agricultural (A) zoning district to a Light Industrial with Conditions (LI(c)) toning district. The
property was legally described as 5.0 acres in the S. Williams Survey, Abstract 1279 in 'he City
of Denton, Denton County, Texas. It was located on the north side of Mingo Road, between
loop 28S and Cooper Creek Road. The proposal was to allow for light industrial use. The
Planning and Zoning Commission recommended approval (7-0). (Z-99-049, bfingo/Loop 188)
Council Nfcmber Durrance stated that this property was next to a historic church and asked about
the regulations regarding light industrial uses next to a church.
Mark Donaldson, Assistant Planning Director stated that there was a five acre tract between the
church and this tract. The property next to the church was zo.ied only for one use.
Council Alcmbcr Kristoferson noted that there was no specific use noted for the properly, there
were not enough fire hydrants for the proposa; ; nd no uses struck from the list ofpermitted uses.
The !Mayor opened the public hearing.
Council Alcmber Kristoferson stated that light industrial zoning was a very broad category. This r' 6
r
proposal was surrounded by agricultural property with no zoning proposed. N
The Mayor closed the public hearing.
Young motioned, Burroughs seconded to approve the proposal as recommended by the Planning
and Zoning Commission with the addition of a site plan review.
3i
I
c
City of Denton City C uuncil Minutes
August 17, 1999 4
Page 6
Council Member Cochran stated that he had concerns with the zoning without knowing what
would be on the property. He suggested an attachment that would prohibit heavy industrial uses
on the property.
Young and Burroughs agreed to add that condition to their motion and second.
Council Member Kristofcrson stated that she was not comfortable not knowing what the use
would be on the property. She felt there might be a case where the developer did not want the
use known at this point in time.
Mayor Pro Tem Beasley stated that she was also not comfortable giving the zoning without
knowing the uses.
Beasley motioned, Burroughs seconded to postpone consideration to the next regular meeting,
On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye', Dunranee "aye', Kristoferson "aye",
Young "aye", and Mayor Miller "aye". Motion carried unanimously.
20. The Council held a public hearing and considered rezoning a .6715 acre site located in
the Oakmont 11 Addition (Lot 6, Block C) from Single-Family 7 with renditions (SF-7[c])
zoning district to a Planned Development (PD) zoning district. The laoderty was legally
described as being .6715 acres in the Stephen Hembrie Survey, Abstract 643, in the City of
Denton, Denton County, Texas. The purpose of the zoning change was to allow for a
ncigi:borhood amenity center, The Planning and Zoning Commission recommended approval
(7-0). IZ-99-043. Oakmont 11 Amenity Center Detailed Plan)
Mark Donaldson, Assistant Planning Director, stated that the current zoning did not allow for an
amenity center in SF7 zoning. A detailed plan was needed to allow for that use. ,
The Mayor opened the public hearing.
Tim May spoke regarding the proposal. Ii
The Mayor closed the public hearing, I
1f
The following ordinance was considered:
NO. 99-275
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM SINGLE FAMILY 7 WITH CONDITIONS (SF-7[Cj) 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 If ADDITION (LOT 6, BLOCK C) LEGALLY DESCRIBED AS BEING
.6715 ACRES IN THE STEPHEN HEMBRIE SURVEY, ABSTRACT 643, IN THE i
CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR APPROVAL
OF A DETAILED PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN
i
f.
City of Denton City Council Minutes
August 17, 1999
Page 7
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye',
Burroughs "aye", Cochran"aye", Durrance "aye', Krisloferson "aye", Young "aye', and Mayor
Miller "aye". Motion carried unanimously.
21. The Council held a public hearing and considered amending condition one (1) of
Ordinance No. 96-145. The property was legally described as 52,969 acres in the Stephen
Hembrie Survey (Abstract No. 643) in the City of Denton, Denton County, Texas. The properly
was located on the north side of Robinson Road, approximately 400 feet west of State School
Road. The proposal was to alter the amount of landscaping within a bufferyard between the
Oakmont II subdivision and right-of-way for the proposed F,M. 2499 highway. The Planning
and Zoning Commission recommended approval (7-0) with conditions. (Z-99-047, Oabnont If)
Mark Donaldson, Assistant Planning Director, reviewed the conditions of the proposal as noted
in the agenda materials..
The Mayor opened the public hearing.
Tim blay spoke regarding the pt,)posal.
The Mayor closed the public hearing.
Cochran motioned, Kristoferson seconded to deny the proposal.
Mayor Miller stated that there was a different requirement for others on the same road. It had
only changed due to a change in the type of road.
Mayor Pro Tent Beasley felt that protection of the neighborhood was needed.
I
On roll vote to deny, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye",
i
Kristoferson "aye", Young "nay", and Mayor Miller "nay". Motion carried with a 5.2 vote.
22. The Council held a public hearing and considered rezoning 3840 N. Elm Street fiom an
Agricultural (A) zoning district to a conditioned Commercial (C[ej) zoning district. The 1.237-
acre property was located on the southeast comer of N. Elm (Hwy, 77) and Riney Road.
Commercial development was proposed. The Planning and Zoning Commission recommended
approval (6.1) with conditions. (7.99-041, 3840X. Elm Street)
Mark Donaldson, Assistant Planning Director, stated that the 20% rule was in ery'act and a super r'
majority vote would be required for approval, There was one property owner with 22% of the
adjacent property, lie reviewed the conditions from the Planning and Zoning Commission as
noted in agenda materials,
The Mayor opened the public hearing.
t
t
City of Denton City Council Minutes
August 17, 1999
Page 8
Council Member Kristoferson stated that the attorney at the Planning and Zoning Commission
meeting had suggested a re •.il use and not conditioned commercial and asked why that was not
considered,
Donaldson stated that the use of a gas station nat allowed in retail zoning.
Khosrow Sadeghian spoke in favor of the prc i L ,-.al.
Counci' Member Kristoferson asked i f he would be willing to strike a dormitory use from the list
ofpernitted used for the property.
Sadeghian stated 'bat this was a comer lot. lie did not want to lake out a dormitory use as it
would not harm anyone, lie did not want to be restricted in applicable uses.
Council ,llember Kristoferson asked if the owner would be willing to strike trailer rentals/storage
buildings from the list of permitted uses.
i
Sadeghian agreed to that removal.
The Mayor closed thu public hearing.
I
The following ordinance was considered;
NO. 99-276
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(Cj) ZONING
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)
Burroughs motioned, Young seconded to approve the proposal with the Planning and Zoning
Commission recommendations plus removing thr uses of storage or sales warehouse, tool or
trailer rental, and donnitory, boarding or rooming house. A site review would also be added as a
condition. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay",
Kristoferson "ayc", Young "aye", and Mayor Miller "aye", Motion carried with a6-1 vote.
23. The Council held a public hearing and considered rezoning 3.086 acres from an
Agricultural (A) zoning district to a conditioned Commercial (Cjcj) zoning district. The r )
property was located on the southeast comer of Pockrus Page Road and 1.35 East frontage road.
Commercial development was proposed. The Planning and Zoning Commission recommended
approval (6-1) with conditions. (2.99-039,1.33 East at Pockrus Page Road)
Mark Donaldson, Assistant Planning Director, noted the location of proposal and the Planning
and Zoning Commission recommendation and conditions.
r
i
City of Denton City Council Minutes
August 17, 1999
Page 9
The Mayor opened tk. public hearing.
The following individuals spoke during the public hearing:
Robert McQue - favor
Alice Pockrus - favor
Don Anderson - favor
The Mayor closed the public hearing.
Council Member Burroughs stated that Council had a concern regarding the image of the
corridor Wo the city. There were already other manufsclurod housing sales in the area. He
suggecled a condition for a site plan review plus a condition for some type of concept plan as a
guidance for the allowance of manufactured homes,
McQuc stated that he would have no problem with a condition of a site plan review. The layout
of the property might have to be changed due to the configuration of the property. They were
also working on the landscrpe of the property. lie would have no issue attaching a site plan
review and general conditions of appearance.
Burroughs motioned, Young seconded to approve the proposal with the recommended Planning
and Zoning Commission conditions plus a site plan review and a concept plan for allowance of
manufactured home sale to be attached to the site plan.
Mayor t'ro Terri Bcaslcy stated that she was not in favor of more manufactured homes sales in
the area.
Council Mcmbcrs Kristofcrson and Cochran were also not in favor as there were other similar
uses in an overused area.
Council Member Durrance was not in favor of the proposal. This was a question of policy
regarding a sensitive area to the community.
On roll vote, Bcaslcy "nay", Bu -roughs "aye", Cochran "nay", Durrance "nay', Kristofcrson
"nay", Young "aye", and Mayor Miller "aye'. Motion failed with a34 vote.
24. The Council held a public hearing and considered approval of a Specific Use Permit
(SUP) to allow a private school located at 1910 E. University Drive, commonly known as the
Dcnton Bible Church. The property was located on the south side of E. University Drive,
bctwccn Nottingham Drive and Shawnee Street. The area was classified as a One-Family .a
))welling 7 (SF-7) zoning district, The Planning and Zoning Commission made no affirmative j !
recommendation (3-3), (7-99.054,Calvan,PrepararoryAcadenmy)
Mark Donaldson, Assistant Planning Director, stated that this proposal was for a specific use
permit for a private school at the Denton Bible Church. The Church woulJ be required to
comply with 7 conditions listed in the agenda materials. The Planning and Zoning Commission
_ ~ ~ II
r
I
City of Denton City Council Minutes
e
August l7, 1999
Pagc 10
did not have an affirmative recommendation but did have five recommendations for Council
consideration.
The Mayor opened the public hearing,
The following individuals spoke during the public hearing:
Dewayne Reeder • favor
Ilene Morris - favor without the expense of a fence.
Wayne Styles - favor.
The Mayor closed the public hearing.
The following ordinance was considered:
NO, 99-277
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT TO ALLOW THE OPERATION OF A PRIVATE SCHOOL ON 9.579
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) ?ONING DISTRICT
CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Kristoferson motioned, Beasley seconded to approve the proposal with removal of the #4
condition from the Planning and Zoning Commission and allowing 500 students with no more
than 250 on any given day.
Council Mcmbcr Young indicated that he had a problem with private schools as they took away
from the public schools. Such schools were also not available for low-income citizens.
On roll vote, Bcaslcy "ayc", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye",
Young "nay", and Mayor Miller "aye". Motion carried with a 6-1 vote.
25, The Council I,ld the second of two public hearings regarding the proposed voluntary
anncxalion of a 37 11 acre tract located on the east side of Teas!ey Lane approximately 700 feet
south of Hickory Creek Road in the City of D~nton's Extraterritorial Jurisdiction (ETJ). (A-88,
7raslet Lane near Nrrkory Creek)
The Mayor opened the public Fearing. {
'Nark Weatherford spoke during the public hearing.
The Mayor closed the public hearing.
e
3
City of Denton City Council Minutes
August 17, 1999
Page 11
26. The Council held the 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
the extraterritorial jurisdiction of the City of Denton, Texas. The zoning at the time of
annexation will be Agdcullt ral (A). (A-91, Kirby Tract)
The Mayor opened the public hearing.
Robert Prendcrgasl spoke during the public hearing.
The Mayor closed the public hearing.
27. The Council held 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 east of Forest Ridge
Drive in the City of Denton's Extraterritorial Jurisdiction (ETJ), (A-90, Shadow Brook Place)
'rhe Mayor opened The public hearing,
No one spoke during the public hearing.
The Mayor closed the public hearing.
t
Item 938 was considered.
38, The Council considered 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 Denton, Texas
by providing and clarifying procedures by which Councilmembers 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 an
effective date.
City Attorney Prouty stated that this was the same ordinance the Council had discussed last week
during :'te work session.
The following individuals spoke regarding this issue:
Carl Williams, (would not give address) - opposition
Raymond Redmcrd, (rddress not given) - opposition
Don White, 2105 Savannah Trail, 76201 - opposition
Bob Pov ell, 2815 Wilsonwood, 76201 -opposition
r ~ A
Mayor A1iller slated that not everyone was in favor of the proposed changes. The proposed
ordinance could lend itself to a block of council members controlling nominations to bonds and
court +issions.
Council Mcmber Young felt that it was not right to not approve his nomination for the stated
reasons. The proposed ordinance would allow for a group of council members to vote down
future nominations and nominate their own candidate.
t
City of Denton City Council Minutes
August 17, 1999
Page 12
Young motioned, Beasley seconded to t'eny the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "nay", Durrance 'nay", Kristoferson "nay", Young "aye", and Mayor
Miller "ay:'. Motion carried with a4-3 vote.
VARIANCF.
18, The Council considered approval of an exaction variance from Code of Ordinances 34-
124(c)(5)(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 was located east of F.M. 1630 and south of Hobson Road. 'The
Planning and Zoning Commission recommended approval (4.1) with conditions. (V-99-011,
Regcucv Oaks)
Mark Donaldson, Assistant Planning Director, stated that the proposal was for a variance from
two provisions of the Subdivision Regulations - a concrete drainage channel and a channel
access road and ramp. The Plnttning and Zoning Commission recommended tang cage that
would allow for private easements so that any maintenance would be the responsibility of the
adjacent land owners.
Kristoferson motioned, Cochran seconded to approve the variance making the owner responsible
for mowing the grass and following all city codes. On roll vote, Beasley "aye", Burroughs "aye',
Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Miller "aye". Motion carried
unanimously.
29. The Council considered approval of exaction variances from Section 34-114(5)(b),
perimeter naving, 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 located in Division
One of the City of Denton's Extraterritorial Jurisdiction (ETJ). The property subdivision •tias
located on the southwest corner of Grissom Road and Trinity Road. Proposal .:as for one (1) lot
for light manufacturing. The 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. 'The
Planning and Zoning Commission made no recommendation, on a 3.3 vote, regarding a full
variance from Section 34.124(c)(2) (V-99-019,11utrs Business Park)
Mark Donaldson, Assistant Planning Director, stated that the drainage variance would no longer
be needed. The variance for the perimeter paving and sidewalks still needed to be considered.
The Planning and Zoning Commission recommended a partial variance from the paving
requirement and a full variance from the sidewalk requirement with a condition regarding
development size. The variance would be revisited if the development size exceeded a certain
limit.
f f1
✓J Greg Ilaycs spoke regarding the issue. He asked for at -intendment to the partial variance. lie
offe~cd 59,660 towards road improrem ,,nls in the area waen they became nccesssry.
I
Burroughs motioned, Young seconded to approve the full vaeances for #2 and 43 and a partial
variance for kl with a requirement of $9660 for future road 'mprovements. On roll vote, Beasley
i
r
City of Denton City Council Minutes
August 17, 1999
Page 13
"aye'", Burroughsi "aye", Cochran "aye', Durrance "aye", Kristoferson "aye", Young "ayeand
Maya. Miller "aye". Motion canicd unanimously.
30. The Council considered cpproval of exaction variances from Sections 34-114(11)6 end
34•114(5)b, :auceming improvements to existing perimeter streets and construction of
sidewalks, of the Subdivision and Land Development Regulations for Lots 1 and 2, Block 1 of
the Campus Housing Addition. The 19.33-acre subdivision was located on the north side of
!Meadow Street and south side of Inman St;ect. The Planning and Zoning Commission
recommended approval (4-3). ti'-99-007, Campus Housing Addition)
Cothran motioned, Durrance seconded to deny the variance for both tN , idewalks and the street
improvements. On roll vote, Beasley "aye". Burroughs "aye", Cochran "aye"Durrance "aye",
Kristofer-son "aye", Young "aye", and Mayor Miller "nay". Motion carried with a 6-1 vote.
ITEMS FQR iND[VIDLIAI~QNSIDF_'R-A'F,
31. The Council considered and take action on appeal of Ins in Realty Group, the owners and
developers of a proposed multi-family project on approximately 14 acres to be located generally
at the comer of Ryan Road and Teasley Lane within the City of Denlnn, Texas. for an exception
to be relieved of the provisions of l(csolution No. R99-022, as upended, which places a
moratorium on multi-family housing.
Council Member KHstoferson stated that she did not want to grant the exemption if there was The
possibility that the existing zoning was not in place.
Burroughs motioned, Beasley seconded to grant ti exemption, On roll vole, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson "nay", Young and Mayor
Miller "aye", Motion carried with a 5-2 vote,
32. 'ile Council considered adoption of an ordinance t, innex a 167.477 acre tract southeast
of the intersection of Robinson Road and Teasley Lane ([Al, 2181), in the City of Denton's ET),
to approve a service plan for the annexed property, to provide a severability clause and to
provide for an effective date. First reading of ordinance. (A-89, Wrecler Ridge) a
The following ordinance was considered:
(FIRST READING)
AN ORDINANCE TO ANNEX A 167.477 ACRE TRACT SOUTHEAST OF THE
INTERSECTION OF ROBINSON ROAD AND TEASLEY LANE (F.M, 2181), IN
THE CITY OF DENTON'S ET), TO APPROVE A SERVICE PLAN FOR THE
ANNEXED PROPERTY, TO PROVIDE A SEVERABILITY CLAUSE AND TO
PROVIDE FOR AN EFFECTIVE DATE.
Burroughs motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kdstoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carved unanimously.
C
i
City of Denton City Council Minutes
August 17, 1999
Page 14
33. The Council considered 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 date.
The following ordinance was considered:
NO. 99-270
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 DATE.
Young motioned, Burroughs seconded to adopt the ordinance. in roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "rye'", Young "aye', and ~hcyor
Millcr "aye". Motion carried unanimously.
34. The Council considered 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,
Council Member Kristoferson - David Neal - Chair
Council Member Burroughs - Jim Kirkpatrick, Joyce Poole
Council Member Kristoferson - Debra Drayovitch, Doug Ebersole
Mayor P ,o Tern Beasley - Jim Engelbrecht, Peggy Fox
Mayor Miller - Christine Rowell, Bob Shelton
Council Member Cochran - Cecile Carson, Steve Fannin
Council Member Durance - Linda Wcirncrg, Karen Reidy
On roll vote for David Neal as chair of the committee, Beasley "aye', Burroughs "aye", Cochran
"ayc'", Durance "ayc'", Kristoferson "aye", Young "aye", and Mayor Stiller "aye". Motion carried
unanimously.
35. The Council received a report, held a discussion, and gave staff direction regarding the
1999.2000 operating budget and the 2000.2004 Capital Improvement Program.
Jon Fortune, Director of Management and Budget, reviewed the questions and answers presented
during the work session on the budget. j
36. The Council considered approval of a resolution of the City Council of the City of
Denton, Texas placing a proposal to adopt a 19W tax rate that will raise more revenue than the
1998 property taxes on the Scrtember 7, 1999 agenda; calling a public hearing on a tar increase
for August 31, 1999; requiring publication of a notice of public hearing on a tar increase in
accordance with the law; am providing an effective date.
c
r
i
City of Denton City Council Minutes
August 17, 1999 e'
Page 15
The following ordinance was considered:
NO. R99-037
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.
Beasley motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran eye", Durance "aye', Kristoferson "aye". Young "aye", and
Mayor i
Miller "aye". Motion carried unanimously.
37. The Council considered a recommendation !root the Oversight Committee for additional
funding for an airport improvement grant from TxDOT.
Rick Svehla, Deputy City Manager, stated that the Federal government was requesting $20,000
to complete more of the improvements at the Airport. There was $22,000 from the Masch
Branch Road extension that could be used for that project.
Burroughs motioned, Beasley seconded to approve the using of $22,000 for the project. On roll
vote, Beasley `aye', Burroughs "aye", Cochran "aye", Durance "aye", Kristoferson "aye", Young
"aye", and Mayor Miller "aye'. Motion carried unanimously.
38. This item was considered earlier in the meeting.
39. The Council considered nominations4ppointments le the City's Boards and
Commissions.
Council Mcmbcr Cochran nominated Betty Tombouiian to the Human Services Advisory
{
Committee.
Council Member Young nominated Bob Powell to the Planning and Zoning Commission.
Young motioned, Beasley seconded to suspend the rules and vote on the nominations at this
meeting. Cn roll vote, Beasley "aye", burroughs "aye", Cochran "aye", Durance "aye',
Krstoferson' aye'", Young "aye", and Mayor Miller "eye". Motion carried unanimously.
On toll vote for Betty Tomboulian, Beasley "aye", Burroughs "aye", Cochran "aye", Durance (1;
"aye", Kristoferson "aye", Young "aye', and Mayor Miller "aye". Motion carried unanimously, ~
On roll vote for Bob Powell, Beasley "aye", Burroughs "nay", Cochran "nay", Durance "nay",
Kristoferson "nay", Young "aye", and Mayor Miller "aye". Motion failed with a 3-4 vole.
' r
t
i
City of Denton City Council Minutes
August 17, 1949 j
Page 16
i
40. Miscellaneous Matters from the City Manager.
City Manager Jez did not have any items for Council.
i
41. New Business
There were no items of New Business sdggested by Council for future agendas.
42. There was no continuation of Closed Meeting under Sections 551.071.551.085 of the
Texas Open Meetings Act.
43. There was no official action on Closed Meeting under Sections 551.07 of the
Texas Open Meetings Act,
With no further business, the meeting was adjoumcd at 11:45 a.m.
i
a
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
i
f
A. t;
' t.
r,
~ I
CITY OF DENTON CITY COUNCIL MINUTES
August 24, 1999
Work Session of !h,; City of ('..don City Council on Tuesday. August 24, 1999 at 6:00 p.m. in
the Council Work Session Room in City Hall.
PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson and Young.
ABSf.NT: None
1. The Council received a report, held a discussion, anci gave staff direction regarding the
Draft Comprehensive Plan Comments Summary and the draft School chapter.
Dave Hill, Assistant City Manager for Development, stated that there had been some minor
revisions to the "School" chapter. He presented a new draft of that chapter for review. The
public meetings regarding the drag Comprehensive Plan were completed and he reviewed the
main comments noted at those meetings. Both positive and negative comments were noted in the
agenda materials.
Council Member Cochran felt that during the workshop meeting there was too much information
to gather in too short a time. There was not adequate time to discuss some of the larger issues.
fie also felt that there were many comments regarding the lack of a chapter on "adequate public
facilities".
Council Mcalbcr Kristofcrson stated that she would find it difficult to adopt a plan that was still I
not accepted by the citizens.
Mayor Pro Tern Beasley asked about the time schedule in conjunction with the Development
Ccdc rewrite. She felt continued public input was essential. She felt there was some condensing
work needed in the chapters so as not to be too wordy.
Council Member Young did not feel enough citizens participated in the process to determine a
consensus of opinions regarding the proposed document.
Mayor Miller pointrd out that the meetings were well publicized throughout the community and
that the meetings were held in the evenings and on the weekends in order to allow for maximum
participation.
Consensus of the Council was to follow the proposed time schedule unless there were major
changes desired to be made to the document after the Planning and Zoning Commission public
hearings and the Council public hearing.
2. The Council received a report, held a discussion, and gave staff direction regarding the
planning efforts for
a. The Downtown University Core District
b. The Southeast Denton Area
Dedra Ragland, Small Area Planning Manager, stated that Council had passed a resolution
authorizing a Small Area Planning Program for the Cily. She presented a draft scope of work for
a DowntownUniversity Core District Plan and the Southeast Denton Area. A timeline for both
t t
!
City of Denton City Council Mlnutes
August 24, 1999
Page 2
projects was presented for Council review. The details of the plans and the timelines were
included i t the agenda materials.
Council Member Kristoferson suggested including an area for the Denia Park area. Perhaps the
areas could be staggered so as to include several areas at the same time. The two neighborhood
areas could be done at the same time staggered from the Downtown/University area,
City Manager Jez suggested adding the Denia area as another area to consider and then rework
the schedule to include staff lime for an additional project. A list of small area plans could be
prioritized by the Council.
Consensus of the Council was to proceed with the Southeast Denton Small Arca and
DowntownTnk ersily plans At same time staff would project a time frame on how quickly it
would be possible to include a Denia project and identify other areas appropriate for small area
plans.
3. The Council received a report and held a discussion concerning the status of activities
related to bulky items.
Charlie Watkins, Director of Solid Waste, stated that last year the Council adopted an
amendment to the Solid Waste Ordinance relating to bulky items, unauthorized use of waste
containers, adequacy of service and contamination of recycling sites. Staff determined that the
portion of the ordinance rcla!ing to bulky items was not as effective as had been desired. A
meeting was held at which all commercial customers were invited. A committee was formed to
address the issue. Committee recommendations were presented at three additional public
meetings to receive feedback from customers. Recommendations from the Committee were
included in the agenda materials
Consensus of the Council was to proceed with the recommendations.
d. the Council reccked a report and held a discussion on the Lake Ray Roberts Water
Treatment Plant cost update and 10-mid versus 20-mgd plant construction.
tic"ard Martin, Assistant City Manager for Utilities, stated that the original plan to construct a
10 mgd plant needed to be changed and suggested a 20 mgd plant be constructed. This was
based on population forecasts and computed water demand data. The Public Utilities Board
agreed thal the 20 mdg plant would be more productive than the 10 mgd plant
Conse sus of the Council was to proceed as presented.
5. 1'he Council received a report, held a discussion, and gave staff direction regarding the r r
1999.2000 operating budget and the 2000-2001 Capital Improvement Program.
Jon Fortune, Director of Management and Budget, presented answers to previous Council
questions concerning the budget.
Council discussed and commented on the answers to the questions presented.
' c
1
City of Denton C y Council Minutes
August 24, 1999
Page 3
6. Ncw Business
The following items of New Business were suggested by Council for fut re agendas:
A. Council Member Cochran requested a discussion regarding the closing of Ave,tue
C until the completion of the renovations in the area,
B. Council Member Young requested a cost analysis for ScotVReed Street.
C. Mayor Pro Tern Beasley asked for information regarding the egret problem.
City Manage Mated that the Animal Control Supervisor had contacted a federal expert for
information icdiatcly address the problems ir. the area. Staff would be working toward
sreceiving fed rral permits to clean up the area once the birds had left.
Following the completion of the Work Session, the Council convened into a Special Called
Meeting to consider the following:
I . The Council considered 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 Rcwrite process.
Mayor Miller stated that nominations were needed from Council Membcr Young.
Council Member Young nominated Raymond I.edmon and Dale 'rwin,
2. The Council considered nomitnationsfappointmcnts to the City's Boards and
Commissions.
Council Member Young nominated Carl Williams to the Planning and Zoning Commission.
Burroughs motioned, Beasley seconded to suspend the Council's rules and vote on the
nomination at this meeting. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye",
Durrance "nay", Kristoferson "aye", Young "aye", and Mayor Miller "aye'. Motion tamed with a
6-1 vote.
On roll cote for the nomination of Carl Williams, Beasley "aye", Burroughs "aye", Cochran "aye",
Durrancc "nay", Kristoferson "ayc", Young "aye", and Mayor Miller "aye". Motion carried with a
6-1 vote.
3. The Council considered adoption of an ordinance authorizing the City Manager to enter
into separate professional services agreements with Diversified Utility Consultants, inc. to
perform audits and franchise reviews of TXU Electric and Gas and CoServ Gas Company,
authorizing the expenditure of funds therefor.
City Attomcy Prouty stated that these were two separate company audits. First would be an
examination of IXU's current franchise and past year gas franchise and the franchise fee
r
I
I
City of Dentor City Council Mlnules
August 24,19 1
Page 4
calculations. The second part of the agreement would review Coserv Gas Company's proposed
tariff and revenue requirement.
The following ordinance was considered:
NO. 99-279
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO
SEPARATE PROFESSIONAL SERVICES AGREEMENTS WITH DIVERSIFIED
UTILITY CONSULTANTS, INC. TO PERFORM AUDITS AND FRANCHISE
REVIEWS OF TXU ELECTRIC AND GAS AND COSERV OAS COMPANY;
AUTHORIZING 7 HE EXPENDITURE OF FUNDS THEREFOR.
Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Marion carried unanimously,
With no further business. the meeting was adjourned at 9:20 p.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS 1
JENNIFFR WAL7ERS
CITY SEC'RI?TARY
CITY OF DENTON, TEXAS
i
t
c
I
CITY OF DENTON CITY COUNCIL MINUTES
August 31, 1999
The Council convened into a Special Called,leeting rn Tuesday, August 31, 1999 at 6:00 p.m.
in the Council Chambers in C,ty Hall,
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, Kriaofcrson anJ Young.
ABSENT: None
1. The Council received a report from the CIP Blue Ribbon Committee Chairperson.
Item 41 was considered later in the meeting.
2. The Council considered adoption of an ordinance authorizing the City Manager to
execute a memorandum of understanding between the Dcnton 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 dale,
Mayor Miller it:Jicatcd that Items 2, 3 and 4 could be considered together,
Barbara Ross, Community Development Administrator, stated that the memorandum of
understanding was a c )pcrative effort by all the participants. Item #2 was an amendment to the
1999 Action Plan to im.ude the Toledo Court project, Item k3 was an amendment to the DAHC
agreement to add additional money to the original contract. DAHC had not approved the
w" "cement with Section L included, The City Attorney provided alternate language for Sectina L
and f,)ur options were available as detailed in the agenda materials.
Linnic McAdams spoke regarding the issue. She asked the Council to approve the agreement
with the original idemnilicalion and not the revised Wmnification.
Council Memhcr Young asked if the Board agreed with the new wording,
,McAdams stated that the Board would approve the existing contract w.,rding and not the new
wording,
Council Member Burroughs questioned the need for the additional language,
City Attorney Prouty stated that the old language simply indemnified the City by the DAHC f
against actions by 3" parties. The new language was Intended to hold the City harmless in the
event Iltc Federal govcmment did an audit and DAHC had done s,)mcthing contrary to the
contract temts• 11 would also release the City from any liability for acts done by city employees
or city officers which were not in the old language, The DAHC was not a high risk and the
Councii could use the old clauses. however, the old clauses were not effective from either r A
intenhutial acts or negligent acts from Toledo Court, lie felt that the alternative language would '
be satisfactory.
Mayor Pro Tcm Beasley felt that the neighbors and DAHC had done a good job with the
rchabilil. lion of the homes thus far. She was in favor of the language in the current contract.
Site felt that the neighborhood needed to be contacted regarding the situation with the fence.
a
City of Denton City Council Minutes
August 31, 1999 "
Page 2
The following ordinance was considered:
NO.99.281
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 HOUSING
CORPORATION; AUTTIORIZP , THE CITY MANAGER TO EXFCUTE THE
THIRD AMENDMENT AND TO EXPEND FLINnS *Xi 111 RESPECT TO THE THIRD
Abt"NDMENT, AND PROVIDING FOR AN EFFECTIVE DATE.
Bcaslcy motioned, Cochran seconded to approve the contract for Itcm #4 w+i,h the original
language.
Council Member Cochran felt that the original contract language had worked well for a number
of years. He was in favor of approving the contract with the original language, lie suggested
investigating whether a 10-foot fence was allowed in Denton. He felt the maximum height was 8
feel.
City Managcr 1ec stated that he could continue to work with the nclghbors and DAHC regarding
placement and height of the fence along the property line.
Council Member Durranee stated th die original problem was the diffemnee bctacen the
release and the i&ntnificali:-i The proposed language was based on a change in the law and the
•fandard release clause would Le used in all cases where there was a threat of litigation, He was
in favor of the revised language.
On roll vote, Pcaslcy "ayc", Burroughs "aye", Cochran "aye', Durance "nay", Kristoferson "aye",
Young "ayc", and Mayor Millcr "aye". Motion carried with a 6-1 vote.
'fhc fol!owing ordinance was considered:
NO. 99-280
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 TT!E DEVELOPMENT OF TOLEDO COURT; AND
PROVIDING AN EFFECTIVE DATE.
Young motioned, Beasley seconded to adopt the ordinance for Item #2. On roll vote, Beasley
"ayc", Burroughs "aye", Cochran "aye", Durance "nay", Kristoferson "aye", Young "aye", and
Mayor Miller "aye". Motion carried with a 6-1 vote, ~
fhc following resolution was considered:
City of Denton City Council Minutes
August 31, 1999
Page 3
NO. R99.038
A RESOLUTION 13Y THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 1999 ACTION
PLAN YOR 110USING AND COAMIUNITY DEVELOPMENT SUBMITTED IN JUNE
1999 TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WITH APPROPRIATE CERI7FICATIONS, AS AUTHORIZED AND REQUIRED BY
THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1900, AS
AMENDED; AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "eye", Dunmce "nay", Kristoferson "aye", Young "aye', and Mayor
Miller "aye'. Modon carried with a 6-1 vote.
t The Council held a public hearing and received citizen input on the 1999.2000 proposed
b,idget.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing,
6, The Council held a public hearing on a proposal to adopt a tax rate of $,50815 per S100
valuation which will inercace total tax revenues from properties on the tax roll by seven point
seventy-seven (7.17) percent over last year's tax rev cn,Les.
The Mayor opt red the public hearing.
The following individual spoke during the public hearing:
I ;Ilman Uland - consideration of retirees
I he Mayor closed the public hearing,
? The Council considered approval of a resolution of the City Crunci) of the City of
Denton, Texas a,tinuuncing that it will vote on a tax rate at its regularly scheduled meeting of
September 7, 1999; providing for publication of notice of such vote on the ta: rate; and
providing an effective date.
The following resolution was considered: rr
NO. R99-039 11'
I.J
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
ANNOUNCING Tl'1T IT WILL VOTE ON A TAX RATE AT ITS REGUL.'RLY
SCHEDULED MEETING OF SEPTEMBER 7, 1999; PROVIDING FOR
c
G
I
City of Denton City Council Minutes
August 31, 1999
Page 4
PUBLICATION OF NOTICE OF SUCH VOTE ON THE TAX RATE; AND
PROVIDINO AN EFFECTIVE DATE,
Burroughs motioned, Cochran seconded to approve the resolution. On roll vote, Beasley "aye",
Burroughs "aye', Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye", Motion carried unanimously.
Council returned to Item Nl
I . The Council received a report from the CIP Blue Ribbon Committee Chairperson.
Euline Brock, Chair-C[P Committee, presented a report from the Committee. A copy of that
report was included In the agenda materials.
Council Member Young asked whether the Scott Street project had been considered.
Brock indicated that it was on the list that would be prioritized by the Committee.
Council Member Burroughs suggested that due to funding constraints, the CIP committee
consider grouping the next level of projects below those that were fundable.
}
4. The Council received a report, held a discussion, and gave staff direction regarding the
1999.2000 operating budget and the 2000.2004 Capital Improvement Program,
Jon Fortune, Director of Management and Budget, stated that the Council had received final
responses to questions previously asked regarding the budget. He would respond to any
additional questions and would have the budget ordinance prepared for Council consideration at
the next meeting.
S. New Business
1 he following items of New Business were suggested by Council for future agendas: j
A. Council Member Cochran asked that the Planning staff prepare a report on the
zoning distinction at 1$08 North Elm Street.
B. Council Member Young asked for a work session regarding the terns of office for `
the Public Utilities Board. `
With no further business, the meeting was adjourned at 7:25 p,m. I z
J"CK MILLER, MAYOR
CITY OF beN rUN, TEXAS
JENNIFER WALTERS
CITY SECRETARY, CITY OF DENTON, TEXAS
t
Apeetla No.
Aq" Hero
Hate ~
AGENDA INFORMATION SHEET
AGENDA DATE: October S, 1998
DEPARTMENT: City Managei s Office
C,SI: Michael W. )ez, City Manager, 349-8307
St'DJECT
Consider a request for an exception to the noise ordinance for the Denton Main Street
Association third annual Pops in the i'ark Concert to be held Sunday, October 17, 1999,
in Civic Center Park from 3:00 p.m. to 6.30 p.m.
BACKGROUND
The Denton Slain Street Association is sponsoring the second annual Pops in the Park
Concert in Civic Center Park on Sunday, October 17, 1999, from 4:00 p.m. to 6:00 p.m.
The University of North Texas Symphony Orchestra and the UNT Opera Theater will
perform the concert. The Association is requesting an exception to the noise ordinance
from 3:00 p.m. to 6:30 p.m. to allow ample time for setting up and dismantling the sound
system. The main source of noise will be from amplified sound from the loudspeakers
for the orchestra, the gingers, and the emcee. This event was held last year in Civic
Center Park and no complaints were received.
As you know, the noise ordinance declares loudspeakers, amplifiers, and musical
instruments a noise nuisance, particularly :A tr 10:00 p.m. Monday through Saturday and
anytime on Sunday (Attachment 3). T'he orJinance does, however, provide that the City
Council may make exceptions when the public interest is served.
The orgrnizers have been informed that should Council approve this request, responsible
use of tae amplified sound is still required by Section 20.1 of the City of Denton Code of
Ordinrnces. In particular, Section 20.1(x) states:
It shall be unlawful for any person to make or cause any unreasonably loud,
disturbing, unnecessary noise which causes or may cause material distress,
discomfurt or injury to persons ofordinary sensibilities in the immediate r
vicinity thereof A
1
c
c,
i
PRIOR ACTION(REVIEW (Council, Boards, Commissions
An Exception to the Noise Ordinance was granted on October 6, 1498, for the second
annual Pops In the Park Concert.
FISCAL INFORMATION
None.
Respectfully submitted;
Rodney ' chell
Management Assistant
Attachments; 1. Request from Julie Glover, Denton Main Street Association
2. Map
3. Noise ordinance
Seyfem7er 2I, IM
Memorandum
To: Mayor and City Council
CC: Linda Ratliff, Foonomic Development and Rodney Mitchell, City Manager's Office
From: Julie Ofover, Main Street
Dab: 09/24M
Re: Noise vanance for "Pops In the post"
The Dartm Main Street Associaim h pWuwtg the durd rruW Pops in the Pak Camt The
Universty of North Texas Symphony Omhedra and the UNT Opera Tbader will perform to ocrsow
I am aware dot a noise vsmrimsoe is
in Civic Cr.ter Mon S,rday, October 11 t9an 4 p.m to 6 pm
required in order to have wtvhfsed strand in de perk on a Swdsy.
We would like to request the variance for 3 p.m to 6:30 p.m on Sunday, October 17. This time M
frame would ellow for sound chocks before the concert. Amplificationwill be limited to the volume
necessary fcr the ombi ft an emcee, and tinges who will perform s portion of the program.
Admission to the concert is fro to the pjAic. We have had no oomplaints about tds concert to past
) cars, and this ytar's program %i11 be similar in kngth and conterd. The 13en E Keith Foundation
and the Dcnton Record-CImick are underwriting this evert.
Please contact meat 349.6522 if you need additional information. Thank you for your usistanca
i
i
rl
A i'''
'
3
c,
c.
{
WITHERS
Civic Center Park
o
0
6 P
WOMEN'
BUILDING
1
CONGRESS
B~
LISRARY
VVV,}v .
try
kF
DRAINAGE
CMC
O CENTER
CITY HALL
19 bo 0' '
uILDITY 0
I o•
L
IC04NNEY
4
Chapter 20
NUISANCES'
Art. 1. In General, 11 20.1-20.30
Art. IL Abandoned Property, 0120-31-20-70
Div. 1. tlenerally, 11 2031-2040
Div. 2. Motor Velilclem, 11 2041-20.70
Art. Ill. Crass and Weeds, Ili 20.71-2077
ARTICLE 1, IN GENERAL
i
Sec. 20.1. Noise.
(ni It shall be unlawful for Any perenn to make or cause any unreasonably loud,
disturbing, unnecessary noise which causes or may cause material distress, discomfort or
Injury to persons of ordinary sensibilities in the Immediate vicinity thereof.
(b) It shall be unlawful far any person to ianke or cause any noise of much character,
intensity and continued duration As to substantially Interfere with the comfortable enjoyment
of private homes by persons of ordinary sensibilities. 1
(ci The following actor, among others, are declared to be nolse nuisaucee in violation orthis
Cody, but such enumeration ahali not be deemed to be exclu.4-m:
(1) The playing of any phonograph, television, radio or any musical instrument in such
manner or with such volume, particularly between the hours of 10.00 p.m. and 7:00
a m., as to Annoy or disturb the quiet, cumfort or repose of persons of ordinary
sensibilities In any dwelling, hotel or other type or residence;
12; The use of any stationary loudspeaker, amplifier or musical Instrument In such
manner or with such volume as to Annoy or disturb persona of ordinary sensibilities
in the immediate vicinity thereof, particularly between the hours of 1000 p.m. and
7 (0 a an , or the operation of such loudspeaker, amplifier or musical instrument at
any time on Sunday; provided, however, that the city council may make exceptions
upon Application when the public interest will be served thereby;
13) The blowing of any steam whistle attached to any stationary boiler or the blowing of
Any other loud or far•renching gleam whistle within the city limits, except to give
notice of the time to begin or slop work or As a warning of danger;
(4) The erection, excavation, demolition, alteration, or repnir work on any building at
anytime other than between the hours of 6:00 a.m. and 8,30 p.m. Monday through rr,
Friday from June I to September 30; between 7;00 a m. and 8.30 p.m. Monday
through Friday from October I to May 31; between 8:00 a.m. and 830 p,m, on
'Cross refer ences-Pmlecled nilgrotory bird roosts declared nulAAnce, 1 6.87; Insecc•
lion and abatement warrants, 119-86 el seq ; Insect and rodent control In mobile home and
recreational vehicle parks, 132.91
Supp No 6 1388
5
4
Sr
i 20•t DENTON CODE
Saturday; and between 1:00 p in, and &00 p m. on Sunday; provided, however that the
city council may issue special permits for rich work at other hours in case of urgent
necessity and in the interest of public Woty and convenience.
(5) The creation of any loud and excessive nobs In connection with the loading or
unloading of any vehicle or the opening or destruction of bales, boxes, crates or
containers;
(6) The use of any drum, loudspeaker or other Instrument or dovice for the purpose of
attracting attention by the creation of noises to any performance, show, theatre,
motion picture house, sale of merchandiee or display whlchcnuees crowdsor people to
black or enngregate upon tho sidewalks or streets near or adjacent thereto,
(Code 1966, H 14.20, 14.91; Ord. No. 95.184, 11, 9.14.95)
Cron reference-Animal noise, 6.26.
ryr
1
6
t.
~oetta~ 9 .5~..
nMn_ •
oars
AGENDA INFORMATION SHEET
1
AGENDA DATE: October 5,1999
DEPARTMENT: Fiscal & Municipal ServlcestTsix
ACM: Katlrv DuBose, Assistant City Manger of Fiscal and Munlclpal Services
SUBJECT:
Consider approval of a tar refund to Nor :st Mor:gage for James E. Anthony, Jr, The 1998 tax was paid
twice, resulting in an overpayment.
BACKGROUNQ:
Chapter 31.11 of the Texas Property Tax Code requires the approval of the go naming body of the taxing
unit for refunds in er:cess of $500.00. Payment in the amount of $604.94 by check N15706 was received on
November 11, 1995 for 1998 tax, then on December 31, 1998 check #129390 was received for the same
amount, resulting in an overpayment. All documentation necessary for refund is attached,
FI S CA IAV 1'.O RMATI ON
The tax overpayment revenue fund would be reduced by $604.90.
;espectfuily, submitted:
rana Ortiz
Director of Fiscal Operations
Prepared by: r
r~
Carolene FoIsc
Revenue & Tax Analyst
1
l 7`
g-Y. 1~ 1!!ll,C 41YnFRWCIJ G~w QJLYId~ . a~7~ ~ ~
APPLICATION FOR TAX REFUND
Fu=
CITY OF DENTON TAX OFFI GTY NT
641 E. FACKORY SUITE F
DENTON r 349 Sib
To "ON fw a We mud, the t rmwA tl1a
srp 1. S E NY JR PAID BY NORWEST MORTGAGE in5?5N 1760
s name BAY REIMBIM EMENT! 405 SW STH STREET
and b6ftu DE M21NES.IA 0
s* 21 L"W #$Mogan p spa upf d s s M ►f r r rosMQ F s+~ Fd It f. Mock S Lai
0"aiW
fAS pf~psety Aabw r Mr1un dMspn~ 1115 ltaftsld fit.
• Ttg11M ~~MK j
1looorl M1~/M dlirosr0r I
Min OR
01 rha of To A"
91q 2: 1. Gikt plpdm 1111 lima k aea ae
G44 ft tax . Q pl,AftM Safi lawfir s = 1°' e
pfryfllanf 3.
nfonrw4on
TgpaYSh nasoe kf *v"d C somh "W" ovwfflwfto"K 11M 1 J
E
ak N dm ft"tad ek 1 "am ftbmw" in w
pobw of M Imrw MAN M=" in is aM
M
Slap 1, naaa r N a asssi
f
tom K6144
~ pwaM .ho uaon sM ~s'Osl^1 ncwl •Arad b eti d Mn bawYr gwulMa: ,
1, Ampfisenmsfs d a+aa *a to low AN Im ow 2 "m www a *4 of fm men as ti6,ow of W6
W% Ma WW WV h A vna 1 2 CuraMrtrt h Ia1 W 1 w b 1 YM W I (N b 00"6 U.006 of JWlt WWI
rise and asa w"in Saw MO. Pood Cady.
Step 6 This fax rahud Is. Igpowd ~tfbapprawd a
1 TaaisNW wr ■ 1
dr1wlT~iMGOe a 1 ~t~
Dig-
hum
-3-
na Y
i'
61 IS
i
polLp 0907 X
10 Y7(IM03 05b ~U ~~Nll,b 1No
.~ET•~'~ i'f194•~.+n1....w~.p krP , 1T14 r•...r
z
1
r~ ~ + R!'*,~ ~ I „ f ' • V ! a ; 7.:,. i p ~ r L ` I ~n ~ In
1 S xFF i+ I~ I 7ii7 X11 ~'I' .f I ~`V~'V ` ~/}}1t I~ ,I:
1I1 i r
~1 9 f ~~I t i}, ; C d r 1• ,
T
r 'r • f ~
i
a
1
I
I
11721.967 NORWIST MORTOAOE, INC. 11/1l/11
MACHINE DISBURSEMENT CHIC% VOUCHER PACE 153
PAYEE NAME DENTON CITY CHECK•NOMBER 1 121390
6 4DDRESS TAX DEPARTMENT
715 E MCKINNtV ST
DENTON TX 7{401
PAYEE COOEi 171714615 BATCHrTAJ SITt•fD: DNI PA06 1 OT 1
[.OAN-NO SHORT-NAME DESCRIPT3ON ?RAN D%Tt AMOUNT
INIT NAME CODE DUE
PAOPIRTY ADDRESS •
7115710 TA DAVIDSON 1307'5 31) 13.99 1,417.35
3116 NONTECIT70 RD DENTON TI 76105
15769:6 NP 01HAIE 111965 311 13.11 431,80
517 SALIDA CT DENTON TE 71701
7401051 JE ANTHONY 116117 111 13.18 604.10 X
1415 STAATPORD LANE DENTON TE 16301
956014 AP JANESKI 16{564 31) 11-11 661.44
7505 NILLVIEW CT DENTON TI 76101
-HECK TOTAL 4 ITEMS 1,711.}1 ~ J
1
1
lln
EU yl1VE
SEP i -1999
CITY OF DENTON c.
TAX DEPARTMENT
l
c
I
i
REPORT IAA006OW 00/13/00 Al 10:41 O V I A P A Y M I N I S P4G[
ACCOUNT NO. q[Cl lPi N0. NAVE ADDRESS AMOUNI STATUS OF PAVVENI
17060200000 /1/01/00.0234 SMITH. VIRGIL D WILLOWW000 ST
00144900000 00/01/00.0117 OLNfON FAMILY PAAC TI C[ 45St4. P.A. 0.31 OVERPAY
W 1-30 A 0110 S.14 OV ROPY
16401400000 00101/15-0117 OOODI OIINN LOwARD N 1 .34 07
0 , OV R PAY
10006000000 00/01/11.0011 1 ONA 02ItA N YOHAlI11A0 R. NOPO 6T 0.01 OV RPAY
10177100000 06101/30-000 MCNAY L L4 Y CA 1t MIT p1 OV RPAY
100110000a0 t//01/:,1-eor/ He a go+ CHANLES N f TARA SENORf Nf S! to 0'Or OVERPAY
03630700000 00/01/27-0004 ORR. RAINY { SUZANNE FICHLY KNIGHT •1314 S D.O1 OVERPAY
01774000000 07/01110-0004 GROINING, IVORY N ELM S1 D.a1 OVERPAY
01143100000 00/01/10-0074 SEYMORI, TIRE [ M LM Y A / 0.63 OVERPAY
11011100000 00/01130.0011 0M101 Y6ON, AIC0 J { PA1V[L O N rill Ayy E .4 MEN
032f01D0000 00/0!/07.0030 DC~NAlJ1YYY O:
~ MO066,61 A `1y Of OV7~lPAY
07143/00100 0{/O7/0!•0070 r40.NHA RT, HlR1RA L R A 0,10 OWV AY
10111000001 0010310T•0011 rOAT111EAi GN PEA M ((P1tL. 1 OV((RjAY
01672600000, 01101/01.0041 CA Rt[0 PAULO w tIS tY IT OVERPAY
01411100000 16/01/06-0010 so AT WRIOHt, SHARON w UNIVERSE TV O 1,60 OVIA P4V
11172000000 11/02/10-0004 BIAVIN. JAMES M A 00404 OIAMI BENTWOOD CT 0.01 OVERPAY
02141700000 06/01/19•0016 FAALIY, CHARLEY N. GREW It 101.10 OVIAPAY
ooI14900000 111102/10.0010 NIDGWAY BILL O DALLAS 04 tp OY Rr AV
10403400000 00/02190.0011 SOOTf FOR $MING J JR 04 AT It i 0. t OV RIAt
103169000DO 01/01/93-0017 WALK A R CµµAA6l DO { DANA. A rrA D#1 0, A/AY
03360600000 0l/01/03.000s GOOK 31P1R1Y 0 IN IATha01 1! EO. OV OOAr
61610000000 01101113-0070 MUMIN IRA AAY { MANCA C Off OV AY
ON N 10302600000 01/02130.0011 CC`CC N14 ELLA, ROBERT K 6 W[/I A Ill OSPOOO P IT 17 10,00 OVFRFAV
103026[0000 01/01/30-0040 COCCNI4PELL4S POSENt N WINDIMOOK 0T 610,10 OVERPAY
02136600000 00/03/0£•0013 LATHIN, WAY SIMMONS S1 0.20 OVERPAY
16014600000 60103103.0041 LYNOH, GARY L PAIN/ DR 0. Ova PAY
0OE06000000 :0110131;11160-010a 16 RYAN i1NAY L A rr 4 OlAY
03330100000 1/•0NARE Jt P1~11Y Y` ;M l` fr OpyY R Y
10730300000 Or/07/17.0010 wtt lLlOlEr lRN3l 1 l LAURA rPOlltlt S1 NIV Y
10720100000 0f/ 3131.0 04 OUE11 Y, RL NT R I 1 1[[[It Dp OylllY
10720400000 01/03111.0001 AGINS LUKE A KILLV SPAINOCA/IK ON 0.01 OVIAPAV 1
11714400000 0{103/11.0000 CNARLf S10N NPI6 L { RIM, YYEONO JU {P4 NOCRIIN OR 0.01 OVERPAY
10711000000 9t/ 07I S1•0110 HARMAN, IY~I L tPRt
003 NOGR[!N OR 0.01 DYIRPAY
10730000000 10/0 Si I • ACHRL, JAMYpE6 R A M[LIOSA A iP, A tMGC AI IK OR 10600000 66/03/It. qeV OLANK, wl OliT 11617 „~;t 111 PS
011/4300 00 ft1031 7{•Oi DO woo:lN, 0 R MIY F7/ 91, I ` V
01072300000 60/03/!/•0130 1pOOM6 k,404411
■ 1II LL1t T G Ay
03110900000 00/03/!0.0104 CUMMINd1. PHYLLIS A AUN 11114 ~IUSH O1 160 0T 4AAY
l
10492600000 1110]/10.0101 PRlT6CH NIl1pN R SRANDYWIN6 CR 311,46 OV00 MY
11160600000 06/03/21.0739 JONIS, BORA 1[ADLIS ►ON7 wORTM / 0 0, 4f OVERPAY
10714300000 01/03/21.0670 ►RICt, 00100011 N • JULIE D FOAINOCA[IN DP 0.01 OVl RP4Y
01114361:000000 00/01/20.0 01 SCHOSN NIL IA % T R$FI OLLING HILLS 1,00 V 411
10 1000{/03/!:•0070 NAYpyT+61, 6[Y 1 t A
00010000000 01103/lf•f01i TI IOA FAA INO~IWTH O6NTRAL AiI1PORt Rp 10 1AV
02111200000 00/03120• Be wA fON, JUDY CCO Me l fT 0 PAY
10310600000 00103130. 400 w ItOLK, wILIIAM T JR T[ DR It V APAY
11611100000 00/03/30.0661 ANTHONY JAMA5 9 JA a RA3P040 f1' 004.10 OYORM Y'
01021100000 01/03/30-0700 No R%, J~IFINY 0 A PENNY 0 4I001CPIST CR 704.10 OVERPAY
10177600000 06/03/30.00111 w!`1 PHIiiLL ``IP J { MILLI 1. [ 4V OT 34 .s01 B A AV 1
Of{ 01200000 06102 /2~•00f0 O`OI tA"0104Y TA 40y IMA N I1H 411 4 'ft; 0131 1 ~Y
10046100000 91103/lt•trf 01 11011110, OIANg1r L A DI A wN f[ fi` 0
r
apaadr No... 9"
A911116 item e
10 10T'jq 49
Date
AGENDA INFORMATION SHEET
AGENDA DATE; October 5, 1999
')EPARTMENT: Fiscal & Municipal Servlces/Tax
ACM-. Katby DuBose, Assistant City Manger of Fiscal and Municipal Services
SUBJECT;
Consider approval of a tax refund to Irwin Mortgage for Stephanie C. Watson. The 1998 tax was overpaid,
resulting in an overpayment.
BACKGROUND:
Chapter 31.11 of the Texas Property Ta•. Code requires the approval of the governing body of the taxing
unit for refunds in excess of 5500.00. Payment in the amount of S878.33 from Irvin Mortgage check
41029107 was received on January 31, 1999 to pay Stephanie C. Watson's 1998 tax. However, the 1998 tax
was only $278.33, result! rg in an overpayment of $600.00. All documentation necessary for refund Is
attached.
FISCAL INFORIIIATION:
The tax overpayment revenue fund would be reduced by $600.00.
Respectfully submitted:
Diana Ortiz
Director of Fiscal Operations
Prepared by:
Carolene Folsc
Revenue & Tax Analyst r r /r a
I
2
r
APPIJCATION POI TAX REFL%D
CI1Y OF ON TAX ICE
norm F~ 4 E HIC W v
ON"TX 7420!i
~ a . ~ nNat
3M01: S PMII C OwWMNI
I1Yn1s 704 DRI TE
sdd... '
1•
z:
Law' to I.r+IM.lh ~.r.b!.anwyp, ►rltW40
l~YOr 1S
VY NMw a MnM en d pnwl
Rod-
IIq WA16/.1{ SpOV
►w r..* errrr:
OR jQ
a~+wuMf►wrlwl Nrr11TM~.wr
A11M~Y ~ AAIIM/rl Aid 1'~w All OIti A*jW
ft"BAW
~P 3" t C4LOt 1911 u!]~ ! n... ~
,
hAbrnldlpf
TNOYYNs hMVl1 fsr qMd (Nbetl ~ y NMMMn1d0~} bMU
~ t by to lbovr ,
Cpl: aaw~A4M hw 0 bw MM * has ~nf MA Ii Mm 11 omY M1w1
w. fort„ .qn r~Gpp
Mrr '~f w 1, n 9 Z r//
Yl lrrt/l /l P'RQf~ ~+i V 6 •O" tiull~il~1A lY wprtul b em of ry bey ~ ~
111/h$44oL/ WMn~ left wwjw a*w of Am "ft lW$$.on 6r
Ir~Wln uObt~ywalM'~Y 1t.c ow boh woh
sks" sop s:
a nilune 4
Alm9nation
hops"
Won
-3-
a
t.
YYWii'YII lU: 10714 hAl, 004 1 (YV 114" 11% iYjtl" G ~uuy i
r
I
awi aluweuw now. ra eax.one • nawwo~M.owN wwa s{aanl awry
~ cMRw.Xo:, • orot
J 0:9 OT 0{Ra/N
1 I
x' ~rrrfbftt.#Ni.AMO Oi uMTS 4t,40 OS •3
+tLOG1~19O~! sLMM
C1,Y OF OiMTOM ~I A ,H•t~:~
OE11t x Tese1-Oaw '•r f
r
rlomw41tl 1:0449Otb4ir7 03~9Gi9882r 100O0t,4i45Sao
07
t~Gb i 50' t;Ad 3b',
SB~Frk-s. i
$0a asI 0000860 >
_4_
CI
!1
!IIV'134C•01 tRWL1 NOIItOA01 Cp90"tz0M O3J13/7! ii N1146
MMIOMTLt MCIOW//O/107M1 DIp0A10M11 CIOCIt MUM ,700 W, 13/11/91
fUMM 101
.e
YWDOA RV11,oICR ID MWSM !DORM/ CWT IIAT.DAT1 Dip ANT
Low 1 FUN
e
0053,610301 AL-NAWO= !SEAL 191101 114 10119LR 0011 02111/99 116.71 i
1997 FAM1 6"Mt 01/12/!1 10.41 1
Cou014106 MCDOMALD IMLNT A 011107 01122/f1 401.00
006302s111 WIU M Me j 030931 1791 11010131 ML AVMO1 la ~
0041011169 MATS21 PA09= t 161119 3101 CLW &AM0 Rpl1 01/11/99 too 71
006302I967 NAT6DW WNMCDO M 03117/ 706 NOM tMIRW000 I71AIL 01/11/99 174.11 E'"~
0062011404 WILLIAM ONT L 10111 3410 MORTM CAIROLL BL" 0101179 166.19 ,n
00630414/5 JOMr1eW 101"T A 610411 1721 II010ATO MV 02/11/71 SOIAS "I
0041171011 000RAWAM JAW$ ■ 037311 HI 1M1/lLnm Mies 01/11/19 716.64 3~i
IM
:111 ALVAN"m Tun OIJ31/11 971.16
00611710!0 WOOD CMARLM 11 017114 764 J09iTR enm 02/11/to 370.01 e
0063271411 WM DWADO &3M40 611031 1909 ~m LAMIN 02/71/09 134.30 t,
0074su441 C=t1M JIM Y 4111Se
L7M9ctc ! 039107 BURN 1'171 71 P"131 C211 ofuM041112011 R GICA AMOWS 6,414.16
cow MOYCL! VINDWAODOt 00436 $21 !Alt MCIILW37
l^m L101T34
MISS 0l10W 171 76301.43!! +
12
~S
i
1
r
I !
i
~ ,111
I
4
ARPORT tAR1090W 00/26/99 AT 20:47 O V L R P A V Y I N T I PACE 16
ACCOUNT NO. RECEIPT NO. NAME ADORC79 AMOUNT STATUII Of PAYMENT
61904100000 911/06/19.007] TRUJILLO. SAMUEL TEASLEY 0166 L 70,44 OVERPAY
611 410 0 / 0/ 00q
oil I
10.Tt100000 IS/09/!9-OOH $MIIM, Roy a 9RSARY1p00 ST !0 ED OVERPAY
0]119000000 09/09/!9.0040 MAtSON STEPNAVIR C DRif TM000 TR 916.40 OVERPAY
010909700000 00/09/!0.0000 COLD N; DARIN D9AYN1 0 CHARLENE ROYAL MEADOWS 76.40 OVERPAY
oil
HIS L ~~y 5rjv vq v 4n~p2R`
7700 A ~~R11Y.l.a.'r;~d u:.aw:'-• 4'
Jtp? n'M+w
07170100000 00/09/70.0001 NARRI SON iNOM N! O M[1! IA ,1 HAD
OVERPAY
6}770900000 O/OH70-0064 9ALI! DANI[L 1Ex 92211 L 10.40 OVERPAY
01960000 0p0 6gq9l00/1}}~~0-0006 JO NN ~AUCI A TEASLIV 0 76 L 40.20 OVERPAY
0
000~0 N~/^S'~~~ ~ t r 1i 1 r e~T
~q y
Total. OP RMI~AHI Tf .6'd',.~ tl P .3Y~ 1~ ~'I~,n ~X n ry L$ 1. a ~ ' v ~ 1~ ~ ~ gym"
0.00
v
~ ~ K .n te` r w,t i ~ ~ V`, tt ,i f R+ d A aJ rl }T~ ~ r
i' e.. a,~rl't;~r' v}t!~,.~9 a+ w~v,.nls~,K.sSi hG:~~L'"Yyn/~'tna F.!V^E.4i.W~.4:. :1"
~ Q°. x 'k ~ t yKKK G k `y. v
O r r , a^ ~~~M"STiilC,nv,~ ~q•.r'a• v arolV',~k Jbr Q'f . :
1
+ X t~~~~~ik rv :L t `~~.~~i u~'. v~GV ( .bwT A~~tkT 'v e'•
- I.,":~F• .,~d. w. .eh'" ~ .~~~X "kfirwi d9~i.~r-0d;!. ew=~'!"`1" .i
Y L
i
I
r
n Y 1~ F:y r'" 54 ~ a 't ~t'' v' +pl w'~ 'i{: v
I
w
1 ~
r
l
E
a~=1.
111
AGENDA INFORMATION SHEET
AGENDA DATE: October 5, P99
DEPARTMENT: Fiscal &Municipal Servicesl[ax
AC11I: Kathy DuBose, Assistant City Manger of Fiscal and Municipal Services
SUBJECT:
Consider approval or a tax refund to Don Merki for $756.62. 1996 tax was paid twice, resulting in an
overpayment.
BACKGROUND:
Chapter 31.1 l of the Texas Property Tax Code requires the approval of the governing body of the taxing
unit for refunds in excess of $500,03. Payment in the amount of $756.62 by check #2603 was received on
December 29, 1999 for 1998 tax, then on January 21, 1999 check #2338 was received for the same amount,
resulting in an overpayment. All cucumeniation necessary for refund is attached,
FISCAL INFORMATION.
The tax overpayment revenue fund would be reduced by 5756.62.
Resp fidlysubmitted:
Diana Ortiz
Director of Fiscal Operations
Prepared by:
C ~ ~,l Ct5 nA f t1 `1+~-- I ~ ~ ~ r
Carolene Folse j
Revenue & Tax Analyst 1
I
2
c
APPLICATION FOR TAX REFUND
q n*n,.
CITY OF DENTON TAX OFFICE CITY OF DENTON
more rnabrxI ream
601 E. HICKORY SUITE F
owls. CRY, UP & am EMU
ZF'&M- Anse wof-va NOW
DENTON TX 76205 940 349-8318
To a l fore tax refund, tha taxpayer must tom late the following.
Vioirdes ne
Step 1: Don Merkl
Owner's name 12304 W. SO.= oad
. m
CRY, lawn p'""' r or an nurnown
and address Aubre Texas 76227
Step 2: Legal description (or attach copy of the tax WI or W r•oeot, McJones Addn, Block 1, Lot 1 r
Describe
the property Address a iocatron of property: 612 Fort Worth Drive
Amount number of property: Tax reoelpt numtar:
107324 OR 9810140028
Name Yew Dale AMOWA AMMO
Of Taring Unix From Which For MkIi RMx,d cl the Of IX Tax ROW
RaAnd 4 Revered Is Rsqueated To Parmnx Taxes Paid Re"tod
Step 3: 1. City_of Denton 1M 12M190 S 7S&III
Give the tax 2. C*-aLoo= 1990 1IMM S 758.62 S 758.62
payment 3.
nformatmn 4,
5.
Taxpayer's reason for refund ( attach supporting documentation); Ck #2605 was race Ned on 12129/98
wino the 1998 taxes in full then c t4'c338 for $756.62 was received on 1121M causing an overpayment
•1 hereby apNy fa the refund a above-0norlb•d tax" and oeMily "I me Inkrmsson I hove given on this form Is "Ind
Step 4' correct a are test of my x dga and beu
Signature
raw
n
Sign the form sign on& here sin-V ~z
Any porson who makes o false entry upon the foregoing retard shah be subject to one of the following penalties:
1. Imprisomdent of not more that the 10 years nor less than 2 years and/or $ fine of not more than $5.000 or both
such fine and Imprisonment; 2. Confinement In Jell for a farm up to 1 year or a firm to exceed $2,000 or both such
fine and imprisonment asset forth M Section 37.10, Penal Code.
~ r
6
Step 5: This tax refund Is: Approved =Disapproved f
Au 01Z DMOV Data
Tax refund sign ~tCJ
here "I
determiri0on a 1 0 oer<s anpun orb s is ovN •
sign
here
-3-
G
G
i
~?YlolYo~a~
_o
ZA
w,k...~~.` 1
+OOISli+ C{1N064Cik +01 lti /0p00lOft\N
I
E I
i
I ,
E
.4. i
c
c.
f
moll
i ~
i
I
i At
C
I
f L.
I
I
I
I
"i
I
REPORT TAN206DK 00/101110 M 10.11 O V I R P A Y Y 4 N 7 f ►AOE 11
ACCOUNT NO. RECEIPT NO. NAME ADDRESS AMOUNT StAtUS Of PAYMENT
07439000000 110/10/13.0017 NAVIN 9RUCE 2 ASSOC7ATIOII IIANARJ II 0.07 OVERPAY
110[41100p0 9411 /13. 026 ATAIN". `OA01 W OAR FORREST CA T` pYI4P1Y
03700100000 t9/tOJ1 -0007 [ROUX D••V[;OP"N7 L LTD NINbO hW `.11 DV[NPAY r;
14071{00060 tl/10!10.0000 KRU [4 UI far L pAMCs 1M N[z Y]]. t0 OVtRMY
0194000000 :491'1:114-8010 1/14.004 A1R [NSbN, J& NNLN[ t NS
M
Ot17Po900000 SHL RLINO, ENf SA I NORMAN SfY all 103,07 . 9 OY t OV RRM
PAV
01504000000 002/1C114-0012 STAPLEA, JANE M EMEKSON LN 766.45 OVERPAY
07612700000 00110/14.001y ANORIWS, 1061Y IN OTCNEOAYI ON 40.00 OVERPAY
01660400000 04110114.0019 SHAMROCK ADVINTURE INNI N LOCUST ST 400,32 OV94PAY
{1437040000 Oe14o/14.00#2 {TEy1 Sf1AD1U11 It MCKINNtT 163 01 OV[APAV
10710400000 94/le/14.0033 0111 41 t N I1 hOl lYN1l4 tk a130 V04PAY
51700000000 9e/10/14.06 4 DODO AN D u 9104 OINTCN 0 V pPAW
37 #100 ~8# ::'sl~s~3 4`99r R91tA xrr~s+~« rS RIA;
11'01500000 96110114-0033 ERVIN LIAiIN9 WAS1419NAW 4730 77.04 OVIKr4Y
11160,400000 99/10/14.0034 ERVIN LIA31V0 N 1.30 2 11AN11 66.41 OVERPAY
97003000000 1141/10/14.0 70 HANR1/ DA' D 0 Y Stqq L01 4 VIRPAV
0!7731100 00 1 4.0 S 014%, JIO N 101 N1q AA I 0 PAY
11110100 00 :$U/III, t NFL L DI EN ►OR1t DR ` II~1P Al j
11710000000 04ll14.0t S A EOYIOtQh p XfpN IIO AT
!I]l00000 92/10!{{•00 fOG N S1.3 M ,114. 9Yf 1[Yf zwe 004204 ttNAS 4J GGGGY R AY
00433400000 99!10/14.00402 LENIf 00ATNfY J W99ION OK 793.16 OVERPAY
02400400000 04/1o/t4.0048 S911L1 MANIC S WOODSMOON it 709.41 OVEKPAV
03380700000 111/10/14.0041 TALtAfIRAO W Y OAKLAND ST 11.90 OVERPAY
,)1164400000 91!10/19•. 03 OcANROLL NR ?"i* 0 9 pPL 7 DV R04V
0311{1020 000 19!10/•00 OLt . 2[L 0, R AY031]l20Sp 000 /1 / 11 A X r 0>f1O~yy AY 07]!7000000 0#`l0S888 clYI1000
C0AN04100 srSTIMt Df117o4 fT i. Fvv HAIF 1
07926800000 04/10/!11.0071 KH11ELER-LIS10N. CAROL L N LOCUST 51 0.24 OVIR►AV
11450400000 Self 0/]0.0014 FAGEN MILL S VAYHILL At03 4.06 OVERPAY
02932,100000 10/10/30.0011 PEARU, PATRICIA M SION90ATE 04 0,03 OVERPAY
01119100000 1l/ 1/03.0401 0'014R, 401074 I ROOK "M D1 !a$7 fVjj$A;
/07048 00Do 002/{1012 NyROt I. VtT iT 0 IY 4D}' lAOl2H 000000 SUN/ :0 003• 1 ISON, pA
yp~y r
RILMAR`` Al
04704000 1M/l1/tT• Oa`1M44ppNW L 0 7Ll / E lS l,a~/AY
027104000000 90/11/17.0004 t D"M SNO WAINWR DO 1T 1 0 Y M
01611700000 e2/It/13.000.1 tUCNIR, DAVID RAY 1 MCNINNIV N 4 2.7t OVIRP►Y
09770900000 99/1}/14.0012 CLARK, KISLEV US77 71.88 OVERPAY
00379000000 19/11/14.00 17 CIARN, a'SLEY US?? 13.00 OVERPAY
0#371400000 9/11/ 14.0 1 OIARR M[ LEY Ugly Y AV
020!11900000 9/11/)6• 1 AI IArl'S /040 S NEA71NG X NN Y 7 1 0 AY
00770000000 00/l l%01.0000 CIAAKDA491L 1, USTT Ot1lL~Y 0227 L ~'j~ I RI AY
01420400000 04/t2/07.0004 AND Stow ALAN P MCNINNfY 411 1. Y04PAV
077814100000 92112103.0004 AIM S. k A. L.'LIVAR 9t IOt.38 OVERPAY
14141300000 99/12/00-0003 OARNIA, WILLIAM L TRUStIt SH.DV D111 ON 1.74 OVERPAY
TOTAL OP OVEA►AVYRNtS 71,110,30
4.011
a
i
t:
c
I
99' !
N0
N0 0 i
AGENDA INFORMATION SHEET D2te
AGENDA DATEt October 5, 1999 questions concerning this
acquisition may be directed
DEPARTMENT: Purchasing to Sharon Mays 349.8487
ACD1: Kathy Dubose, Fiscal and Municipal Servicesw
SUDJE(."i:
i
AN ORDINANCE. ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE
PURC'IIASE OF REVERSE OSMOSIS WATER TREAIMENT SYS'T'EM - PROVIDING FOR THE
I;XPF.NDTIURF OF FUNDS I IIEREFORt AND PROVIDING AN EFFECTIVE DATE (DID 2369 -
REVERSE: OSMOSIS SYSTEM FOR ELECTRIC GENERATION PLANT AWARDED TO IONICS
Al I11INGER WA1 ER COMPANY IN 311E AMOUNT OF $73,078).
IIACKGROUNU:
(Sec attached Tabulation Sheet)
ARVIN MODA.uON;
We recommend this bid be awarded to the lowest evaluated bidder, Ionics Ahlfnger Water Company in
the amount of $73,079.
;
ES'I'IATATED SCHEDULE OF PROJECT't
Work on this project will begin 12 wreks aver Council approval and be completed In four uccks or
approximately the last seek in January 2000.
PRIOR A(; IIO,NIREVIEW
I'he public I7tility Board considered this contract and recommended approval on Seplentbcr 20, 1999.
I I`;CAL INF'ORMAT1(NI
This contract will he funded from 1998-99 budget fundx account (610.101.1011.3120.9202).
LID INFORDLITIONt
1 his bid is for the replacement of an existing ion exchange water treatment system with a new reverse
osmosis system for the electric generating facility, 'The old system was built in 1952 and has dOcrioraled
beyond its useful life. The old system is somewhat obsolete, labor intensive and requires the mixing of
caustic soda and sulfuric acid to operate, the new system is much more efficient and slgniAcontly
mprores safety in this area. It clitninates O e nerd for acid and replaces a 7500-gallon sodium hydroxide
tank with a 35-gallon drum of product that requires no mlAing. Labor savings on the new system are
voimatcd at S21,I100 per year,
Res ctfull 'fled:
Tom Shaw, C.PAI,, 349.7100
Purchasing Agent
Anachmeril I: Tabulation Shcct
1276 MJItNDA ,
0
i
I
i
I
ATTACHMENTI
TABULATION SHEET
EVALUATED COST
BID 2369 REVERSE OSMOSIS SYSTEM FOR ELECTRIC GENERATION PLAN
DESCRIPTION IONICS GLGG TCI
t, Reverse Osmosis System $42,966 $67,300 $40,000
2. Polishing Beds 2 7,960 $5,600
3. Regeneration of Vessels (2) $400 $5,390 3150
4. Installation $4,000 9,950
5. Temporary supply of RO 8,400 $9,500
durin Installation
6. Con tengency for unforseen $9,352 $9,550 $9,352
plumbing cost of Installation
7. Tralning 3 day NIC $800/DAY
8. Freight DENT ON $1,250 t
I
I
I ~
t
I
ORDINANCE NO. _ W {
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF REVERSE OSMOSIS WATER TREATMENT SYSTEM - PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE
(BID 2369 - REVERSE OSMOSIS SYSTEM FOR ELECTRIC GENERATION PLANT
AWARDED TO IONICS AHLFINGER WATER COMPANY IN THE AMOUNT OF $73,078).
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 1. That the following competitive bids for the construction of public works or
improvements, is described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the Citya Purchasing Agent filed according to the bid number assigned hereto, )
are hereby accepted and approved as being the lowest responsible bids:
BID
Zug CONTRACTOR AMO
2369 IONICS AHLFINGER WATER COMPANY S73,078
SECTION.U. That the aceeptan , and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid fe, -struction of such
public works or improvements herein accepted and approved, until such per.... , shall comply with
all requirements specified in the Notice to Bidden 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 Ill. 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 specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein, '
r.
I
n
t
r
4.
SECTION N. 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 b specified in such
approved bids and authorLed contracts executed pursuant thereto.
SECTION V. That this ordinance 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 I
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY. as~( ce
2369 - REVERSE OSMOSIS CONTRACTUAL ORDNANCE
A
t
I
I
i1
f
Apentle Nm 7~-
AWXIA Item _
AGENDA 1NF011UNIATION SHEET t)24i
AGENDA DATE: October 5, 1999 Questions concerning this
acquisition may be directed
DEPARTMENT: Purchasing to Ed Ilodney 349-6271
ACAt: Kathy Dubose, Fiscal and Municipal Services j
i
Sl'bJEC'T:
i
AN ORDINANCE AU711ORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL
SERVICES AGREEMENT (PSA) FOR SERVICES RELATING TO IMPROVEMENTS TO SOUTH
LAKES PARK AND JOE SKILES PARK WITH SCHRICKEL, ROLLINS AND ASSOCIATES, INC.;
AUTTIORIZING TEE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DA'['E (PSA 2416 - IMPROVEMENTS TO SOUTH LAKES PARK AND JOE SKILLS PARK
AWARDED TO SCHR1CKEL, ROLLINS AND ASSOCIATES, INC. IN THE AMUUNf OF $71,500).
LIACKGROUND:
i
T'he Phase 11 Improvcmenls to South Ickes Park and the improvements to Joe Skiles Park are part of the
1996 CIP approved by Council.
HEC'OMMENDAT[ON:
We recommend this professional service contract be awarded to S.hrickcl, Rollins and Associates, Inc. in
the amount of $71,500.
ESTTNATED SCHEDULE OF FROJE("r:
I'he Project is expected to be completed in approximately 60 days. The construction phase is scheduled to
be submitted for bids in late January 2000.
HKAL INFORMATION:
Funds for this project are available from CIP fund (462.031-PARK •9947.9157).
PROFESSION;%[.SER1'[('ESAGRF,E,%IEh1'F ) FOR:NfAT10N:
1'SA 2415 is for Professional Services Agreement related to improvements to South Lakes Park
and Joe Skiles Park. T he project inciudei design development and complete construction and bid
documents. Improvcmenls include pedestrian trails, athletic practice fields, picnic facilities,
restrooms, signage, parking spaces, playground and site furniture.
Respectfully submitted:
Tom Shaw, CP M, 349.7100
Purchasing Agent
4276 AOrNUA
, I
I \1
1
I
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT FOR SERVICES RELATING TO
IMPROVEMENTS TO SOUTH LAKES PARK AND JOE SKILES PARK WITH
SCHRICKEL, ROLLINS AND ASSOCIATES, INC.; AUTHORIZING THE EXPENDITURE ~
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to enter into a Professional
Services Agreement with Schrickel, Rollins and Associates. Inc., substantially in the form of the
Agreement attached to and made a part of this ordinance for all purposes, for the purpose of
acquiring professional services relating to improvements to South Lakes Park and Joe Skiles
Park.
SECTION 2. That the City Manager is hercby authorized to make the expenditures as
required in the attached Professional Services Agreement.
SECTION 3. That this ordinance ehall become effective Immediately upon its passage
and approval.
PASSED AND APPROVED this the day of_ 1999.
JACK MILLER, MAYOR
1 ATTEST;
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PPROUTY. CITY ATTORNEY
BY: fG~ I
frS
i
r II
i
I,
I
I
I
i
i
`I
PROFESSIONAL SERVICES AGREEMENT FOR
Schrickel, Rollins and Associates, Toe.
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT is made and entered into as of the 21st day of September, 1994,
by and between the City of Denton, Texas, a Texas municipal corporation, with its principal
office at 2lS East McKinney Strect, Denton, Denton County, Texas 76201, hereinafter called
"OWNER" and Schrickel, Rollins and Associates, Inc., with its corporate office at 1161
Corporate Drive West, Suite 200, Arlington, Texas 76066, hercinafler called
"CONSULTANT," acting herein, by and through their duly authorized representatives.
WITNESSETH, that In consideration of the covenants and agreements herein contained, j
the parties hereto do mutually agree as follows;
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with the CONSULTANT, as an independent contractor, '
and the CONSULTANT hereby agrees to perform the services herein in connection with the
Project as stated in the sections to follow, with diligence and in accordance with the highest
professional standards customarily obtained for such services In the State of Texas. The
professional services set out herein are in connection with the following described project:
South Lakes Park and Joe Skiles Park Improvements;
The Project shall include, without limitation, design development, complete
construction and bid documents for improvement at South Lakes Park and Jot Stales
Park. Improvements include pedestrian traits, athletic practice fields, picnic facilities,
restroom, signage, parking spoces, playground and slit furniture.
ARTICLE II
SCOFF. OF SERVICES
The CONSULTANT shall perform the following services in a professional manner;
A. I'h,! CONSULTANT ~,mll perform all those services as necessary and as described in the
OWNER's letter of August 20, 1999, which is attached hereto and made a part hereof as
F.xnibit "A" as if written word for word herein.
A ,
B. To perform all those services set forth in CONSULTANT's Proposal for Professional I 1
Services of September 1, 1999, which proposal is attached hereto and made a parl hereof
as Exhibit "B" as if written word for word herein.
C. CONSULTANT shall perform all those services set forth in individual task orders which
shall be attached to this Agreement and made a part hereof for all purposes as separate
t.
c.
agreements. Basic services to be provided include the following phases: Design
Development, Construction Documents, Bidding and Construction Observation.
D. If there is any conflict bet,veen the terms of this Agreement and the exhibits attached to
this Agreement, the terms and conditions of this Agreement will control over the terms
and conditions of the attached exhibits or task orders.
f
ARTICLE 111
ADDITIONAL SERVICES
Additional services to be performed by the CONSULTANT, if authorized by the
OWNER, which are not included in the above-described Basic Services, we described as
follows:
A, Topographic Survey and Base Map preparation of approximately I$ acres.
B. Geotechnical Investigation and Report
C Reimbursable Expenses including reproduction expenses, postage and delivery expenses
and other reimbursable expenses as requested and authorized by the City of Denton.
ARTICLE IV
PERIOD OF SERVICE j
This Agreement shall become effective upon execution of this Agreement by the
OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and
shall remain in force for the period which may reasonably be required for the completion of the
Project, including Additional Services, if any, and any required extensions approved by the
OWNER. This Agreement may be sooner terminated In accordance with the provisions hereof.
Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts
to complete the services set forth herein as expeditiously as possible and to meet the schedule
established by the OWNER, acting through its City Manager or his designee.
ARTICLE V
COMPENSATION
A, COMPENSATION TERMS:
I, "Direct Non-Labor Expense" is defined as that expense for any assignment
incurred by the CONSULTANT for supplies, transportation and equipment,
travel, communications, subsistence, and lodging away from home, and similar !
incidental expenses in connection with that assignment. A
2. "Subcontract Expense" Is defined as expenses Incurred by the CONSULTANT In
employment of others in outside firms for services in the nature of architecture.
Pave 2
t
B. BILLING AND PAYh1ENT: For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost
estimate detail at an hourly rate shown in Exhibit "C" which is attached hereto and made
a part of this Agreement as if written word for word herein, a total fee, including
reimbursement for direct non-labor expenses not to exceed $71,500.
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its City Manager or his
designee; however, under no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement is rendered. The
OWNER may withhold the final five percent (5%) of the contract amount until
completion of the Project.
i
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or his designee, or which Is i
not submitted in compliance with the terms of this Agreement. The OWNER shall not be li
required to make any payments to the CONSULTANT when the CONSULTANT is in
default under this Agreement.
it is specifically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to this Agreement which would require additional
payments by the OWNER for any charge, expense, or reimbursement above the
maximum not to exceed fee as stated, without first having obtained written authorization
from the OWNER. The CONSULTANT shall not proceed to perform the services listed
in Article III "Additional Services," without obtaining prior written authorization from
the OWNER.
C. ADDITIONAL SERVICES: For additional services authorized in writing by the
OWNER in Article lit, the CONSULTANT shall be paid based on the Schedule of
Charges at an hourly rate shown in Exhibit "C." Payments for additional services shall
to due and payable upon submission by the CONSULTANT, and shall be in accordance
with subsection B hereof Statements shall not be submitted more frequently than
1 monthly.
D. PAYMENT: if the OWNER fails to make payments due the CONSULTANT for
services and expenses within sixty (60) days after receipt of the CONSULTANT's
undisputed statement thereof, the amounts due the CONSULTANT will be increased by
the rare of one percent (1%) per month from the said sixtieth (60'h) day, and, in addition,
the CONSULTANT may, after giving seven (7) days' written notice to the OWNER,
suspend servicei under this Agreement until the CONSULTANT has beer. }paid in full all
amounts due for services, expenses, and charges, provided, however, noth"g herein shall
require the OWNER to pay the late charge of one percent (I%) set forth herein if the
OWNER reasonably determines that the work is unsatisfactory, in accordance with this
J Article V, "Compensation."
Page 3
c
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER tiny defects or deficiencies in the work of the
CONSULTANT or any subcontractors or subconsulmnts.
ARTICLE VII
OWNERSHIP OF DOCUP LENTS
All documents prepared or fumisbed by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant io this Agreement are instruments of service, and
shall become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this Project, and
OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense.
In the event the OWNER uses any of the information or materials developed pursuant to this
Agreement in another project or for other purposes than specified herein, CONSULTANT is
released from any and all liability relating to their use in that project.
ARTICLE VIII f
INDEPENDENT CONTRACTOR I
CONSULTANT shall provide services to OWNER as an independent contractor, not as
an employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status,
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its
officers, agents, and employees from and against any and all liability, claims, demands, damages,
losses, and expenses, including, but not limited to colut costs and reasonable attorney fees
incurred by the OWNER, and Including, without limitation, damages for bodily and personal
injury, death and property damage, resulting from the negligent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, or employees In the execution, operation, or
performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who Is not
u party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby t
cxprssly reserved.
Page 4
t
ARTICLE X
INSURANCE
During the performance of the xrvices under this Agreement, CONSULTANT sh:ii
maintain the following insurance with an insurance company licensed to do business in the State
of Texas by the State Insurance Commission or any successor agency that has a rating with Best
Rate Carriers of at least an A- or above,
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and with
property damage limits of not less than $100,000 for each occurrence and not less than
$100,000 In the aggregate.
B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for
each person and not less than $500,000 for each accident and with property damage E
limits of not less than $100X; `or each accident.
C. Worker's Compensation Insurance in accordance 004 statutory requirements, and
Employers' Liability Insur.^nce with limits of not less than $100,000 for each accident.
D. Professional Liability Insurance with limits of not less than 51,000,000 annual aggregate.
{
E. The CONSULTANT shall furnish insurance certificates or insurance policies at the
OWNER's request to evidence such coverages. The insurance policies shall name the E
OWNER as an additional insured on all such policies, and shalt contain a provision that
such insurance shill not be canceled or modified without thirty (30) days' prior written
notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior
to the effective date of the change or cancellation, serve substitute policies furnishing the
same coverage.
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
the parties may agree to settle any disputes under Na Agreement by submitting the
dispute to arbitration or other means of alternate dispute resolution, such as mediation. No
arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving
one party's disagreement. may include the other party to the disagreement without the other's
approval
ARTICLE XII
1 ERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days' advance written notice to the other party.
B. This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations tinder this Agreement, No such termination
will be affected unless the other party is given (1) written notice (delivered by certified
Page 5
t
i
I~
i '
I
I
I
mail, return receipt requested) of intent to terminate and setting forth the reasons
specifying the non-performance, and not less than thirly (30) calendar days to cure the
failure; and (2) an opportunity for consultation with the terminating party prior to
termination.
C. If the Agreement is terminated prior to completion of the services to be provided
hereunde., CONSULTANT shall immediately cease all services and shall render a final i
bill for services to the OWNER within thirty (30) days after the date of termination. The
OWNER shall pay CONSULTANT for all servicca properly rendered and satisfactorily
performed and for reimbursable expenses to termination incurred prior to the date of I
termination, in accordance with Article V "Compensts1on." Should the OWNER
subsequently contract with a new contultant for the continuation of services on the E
Project, CONSULTANT shall cooperate in providing information. The CONS',ILTANT
shall turn over all documents prepared or fumished by CONSULTANT pursuant to Ibis !
Agreement to the OWNER on or before the date of termination, but may maintain copies
of such documents for its use.
ARTICLE X111
RESPONSIBILITY FOR CLAIMS AND LIABILITIFS
Approval by the OWNER shall not constitute, nor be deemed a release of the ~
responsibility and liability of the CONSULTANT, its employees, usoclates, agents,
subcontractors, and subconsultants for the accuracy and competency of then designs or other
work; nor shall such approval be deemed to he an assumption of such responsibility by the
OWNER for any defect in the design or other work prepared by the CONSULTANT, its
employees, subcontractors, agents, and consultant;,
ARTICLE XIV
NOTICES
All notices, communications, and reports required or permitted under this Agreement
sliall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing:
To CONSULTANT: To OWNER:
Victor Baxter, Vice President City of Denton
Schrickel, Rollins and Associates, Inc. Ed Hodney
1161 Corporate Drive West, Suite 200 321 East McKinney
Arlington, Texas 76006 Denton, Texas 76201
A
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days' mailing. !
Page 6
c
ARTICLEXV
ENTIRE AGREEMENT
This Agreement, consisting of nineteen (19) pages and three (3) exhibits, constitutes the
complete and final expression of the agreement of the parties, and is intended as a complete and
exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous
offers, promises, representations, negotiations, discussions, communications, and agreements
which may have been made in connection with the subject matter hereof.
ARTICLE XVI
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or unenforceable. in such event,
the parties shall reform this Agreement to replace swh stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
ARTICLE XVII
COMPLIANCF. W1TR LAWS
The CONSULTANT shall comply with all federal, state, and ocal laws, rules,
regulations, and ordinances applicable to the work covered hereunder as they may now read or
hereinafter be amended.
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap.
` ARTICLE M
PERFONNEL
A. The CONSULTANT represents that it has or will secure, at its own expense, all
personnel required to perform all the services required under ti,is Agreement Such
personnel shall not be employees or officers of, or have any contractual relations with the
OWNER CONSULTANT shall inform the OWNER of any conflict of interest or
potential conflict of interest that may arise during the term of this Agreement. r
I3, All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized
and permitted under state and local laws to perform such services.
1
Page 1
1
c
i
I
1
ARTICLE XX
ASSIGNABILITY k
The CONSULTANT shall not assign any interest in this Agreement, and shall not
transfer any interest in this Agreement (whether by assignment, novetion, or otherwise) without
the prior written consent of the OWNER.
ARTICLE XXI
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in
writing and duly executed, and the parties further agree that the provisions of this section will not f
be waived ut,less as set forth herein.
ARTICLE XXII
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Agreement:
Exhibit A - Owners Letter of August 20, 1999
Exhibit B - Consultant's Proposal for Professional Services of September 1, 1999
Exhibit C - Consultant's Hourly Wage Schedule
B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after
the final payment under this Agreement, have access to and the right to examine any
directly pertinent books, documents, papers, and records of the CONSULTANT
involving transactions relating to this Agreement. CONSULTANT agrees that OWNER
shall have access during normal working hours to all necessary CONSULTANT facilities
and shall be provided adequate and appropriate working space in order to conduct audits
in compliance with this section. OWNER shall give CONSULTANT reasonable advance
notice of intended audts.
C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
D. For the purpose of this Agreement, the key persons -,,ho will perform most of the work
hereunder shall be Victor Baxter, Vice President. However, nothing herein shall limit
CONSULTANT from using other qualified and competent members of its fine to 4
perform the services required herein. 6< \
E. CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance with
the provisions hereof. In accomplishing the projects, CONSULTANT shall take such
Page 8
M
I`
steps as are appropriate to reasonably ensure that the work involved is properly j
coordinated with related work being carried on by the OWNED„ !
F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's
disposal all available information pertinent to the Project, including previous reports, any
other data relative to the Project, and arranging for the access thereto, and make all
provisions for the CONSULTANT to enter in or upon public and private property as
required for the CONSULTANT to perform services under this Agreement.
0. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of &s Agreement.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement
through its duly authorized undersigned officer on this the day of
19
CITY OF DENTON, TEXAS
MICHAEL W. JEZ, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS To LEGAL FORM:
HERBERT L. PROUTY. CITY ATTORNEY
BY:
CO LTANT
i
I
tor Baxter, Vice Pre' c.
Schrickel, Rollins and A ales, Inc. (fit
WITNESS:
BY:
Page 9
L
I
I
1
SCHEDULE OFCHARGES•1999
BILLABLE SALARY RATE & EXPENSE CHARGES
RANGE OF BILLABLE SALARY RATE
CLASSIFICATION: LOW HIGH
i
PRINCIPAL $125 BITS
ASSOCIATE 66 120
SENIOR ENGINEER 102 111 1
ENGINEER III as 100
ENGINEER n 65 do
[NGINf ERI 55 65
SENIOR LANDSCAPE ARCHITECT 90 113
LANDSCAPE ARCHITECT III 65 90
LANDSCAPE ARCHITECT 11 55 67
LANDSCAPE ARCHITECT I 50 60
SENIOR PLANNER 90 113
PLANNER 73 90
ARCHITECT 60 93
DESIGNER 70 63
SURVEY COORDINATOR 60 75
SENIOR ENGINEERING TECHNICIAN 55 66
ENGINFf RING TECHNICIAN SO 66
PLANNING TECHNICIAN AB 66
PRODUCTION COORDINATOR 70 90
DRAFTSMAN 10 OR CAD OPERATOR SS 70
DRAIW&N II OR CAD OPERATOR 43 56
DRAFTSMAN I OR GAD OPERATOR 33 SO
SEN IOR SECRETARY aS 61
SECRET AR YAAORD PROCESSOR 53 16
CORK 27 76
IN, rnM Md edlr Nwl wln ar are dlu'ud armwAy
QTjIE R SERVICES fuwoked n rate the wnl: j
Four Man Fk1d Pan 11I02Mour 1
Three Man Field Parry 0houe
Two Man Field Par•.y 76fiour
~ I
PC CAD SUtion y 12/hour
PC SGllun 6+hour
i
PRINTING SERVICES lin hmw.l: COMPUTER PLOTTING SERVICTS Cm t
So FF PfR.QILM BLUE IN MYjAX 24 BOND MLLUM BONOMLOIUM OF INK O
PRKE VARY ACCORDING TO SIZE OF ORDER up to I1'e1 T 1$050 y I IM $ 13.50
2Pe36' 11.00 ISM 21.00
6 5170 1110.00 70'e4Y 12,50 2200 .27.00
I 1 1 aeoin add 2.5w 3.36SF 6.305E I
100 25.71 179.00
101400 0AISS V I lws F.
207300 0.1 Vs F. 120 F.
701-1000 0.1 ml. 1.2M P. I
1001•up 0, 11 S.F. IISI5.F.
inAaw teia rr4a~Dmrd.d M 10.07 p ~gk,* m a So. la Per double 14, ropy.
I N ! r
OMn dnM hpenwt rn a rwd M ♦luel cal tMner a TuPIpIIN d I.1Q TM b[lude aa'M prfraGiF M wyvAclkrn eePeme, rum~nfufla 1 / ! 1
waMtenU b•n'rvn M1n2ron Md M' %n IMMIrwln e.pmw Mftft IMue 4 IN, wwk NAuAr l rv b duba* anelYth IM Id R!r M . n..et.amPuRMl~n
pennnr M1wr IKm arP mmhn eeW ked b M dare A SrOependerll
1
i
W MA - I
i
I
I
Ageonft No. 91 - to
AGENDA INFORMATION SIIEF;P A 4atIN a
two I
AGENDA IIAIE: October 5, 1997 Oucslions concerning i
acqukttioa may he (fitecicd
DEPARTMENT: Purchasing to Sharon Mays 319-8497
AOI: Katliy Oul3ose, fiscal and Municipal Scrviccs N
f I
IR F."•
AN ORDINAN(T.OF TIIE CITY OF DMI'ON TEXAS A11111OR1/.INO *tl(E C'I iY MANAGER 'fO
EXECI)'IF A PROFESSIONAL SERVICES AGREEMENT (PSA) WIIIt DIVERSIFIED U'111-I1"Y
CONSUL;fAN'I'S, INC., FOR CCNSULIING SF.RVIC'IS PERTAINING TO 711E h1iVELOPMENT'
01; A NEW F.LECIRIC' SERVICE RAFT: DFSIGN FOR'
OR( DMION MUNICIPAL. 1?1EC'IRIC;
A01110TWING T I Ili EXPENDI'[till[; OF FUNDS'I l ll;RHFOR; AND PROVIDING AN EFFEC'I IVP.
UA'I l: (1'SA • 2418 DIVERSIFIED U111.1 1'Y CONSUL; fAN'IS, INC., IN TL IE AMOUN I' OF $65,000).
BACKGROUND:
On February, 2, 1999 the City Council approved a contract with R. W. 13cck, a ('orporalion for
p ormional services related [,,all electric talc study (Ordinance 99-011) in the anunmt of $109.5004 That
eoalrad aPteeount was a ncellcd m May of 1999 line b a possible conflict of interest. 'file Electric
Otilily Own began a search for another qualified crmsuhani to perform a revised and slightty reduced
scope of work,
14:. ' )N MEMDAr[ON: i
We recommend this Professional Sovices Agreement be awarded fu Diversified thitily Cutisutlirm. floc.
I I1I R'O in the amount of 565,0(10.
EA-11 LI& Ell SC'1fEUULF:Or Ilt-WL ._I;
UIR I has indicated a %ilhngncss to start irrumediately upon notification in proceed
I'RiUlt,1C'I IONlI(F.1'IF,11';
I he Public (Itility Ilnard considered and moomncnded npptoval nn August 23. 1991),
1 }{-k'ALINFORNIAII(1N:
this contract for servia•s v01 be funded front 1998-99 budge( fund account (610.105.1051•
9100.85112).
1(;I(I,FftJLNT' INFORNIM ION:
this hofessional Services Agrccmcn+ is for the performance of an unbundling study and rile design
onnl)sis For Dcrdon Municipal Hecbic. /
Slimficully the scopc of oak includes: f t 9 c
1 tpdatirig 1998 test year data I \
df • I'crrurm unbundling analysis using only directly assignable cost 1
Devclop a tale design plan Io transition DMi. inlo a detcgulaled cnvitonrnenl
• 1'ruvide a series of hilclacfivc presentations rot both PU13 and Council on tale design theory and
:gydicatio i in a dercgufaled environment
• I levelop a Producti(m ('nit Model fix calculafian of gcrceralion ur production atsf
0 Ikvclop a Cily Rn1e Ucsign and Pricing Analysis using the devclopted revenue tequhemed `
_ I
J
r
1
I
AGENDA INFORMATION SHEET
OCTOBER S. 1999
PAGE 2 OF 2
Respectfully su'omitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Diversified Utility Cor~ultants, Inc. Proposal
1261 AGENDA
V
I
I
t
s
i I
I
I
r
t
_c-ie l'~ii iU:37 51715:?ar lx1Cl VaGE v2
ATTA
CINENT 1 DIVER5IPIED UTILITY
EDU3
JONSULTANTS, INC.
. 12111 Roils GR VZ NITS I &G, AvsTM rz 78722
TOLMSONS •Lb HtA••0 FAX 4LW 07 •w
• I
August 13, 1999
f
Cheryl Davenport, C.P.A.
Utility Rate Administrator
9014 Texas Street
Denton, Texas 76201
RE ended Pro4sal to Rariew and Perform Clty o£ Denton's Unbundlin¢
Ludy and Rate Design Analysis
Dear Ms. Davenport:
Per our telgrione conversation earlier this week, DUCT is submitting this
amended proposal to the City of Denton ("City") to include the following additional
sen•ices that Nve discussed
The following is a general description of additional senires to be performed in
Task A.
• Task 4 • A Production Cost Model will be developed if generation
or production ("GENCO") rates are required to be calculated. The
Prodwtion Cost Analysis will review the optimal supply mix to
City power supply costs This analysis will assist the City :n
budgeting for its power supply in the competitive environment,
This analvsis is estimated at 100 hours of labor time.
• Task 5 • Development of the City Rate Design and Pricing Analysis
using the developed revenue requirement. This database, based on
the City's historical bill frequency, w•il) be used to analyze various
rate design "demand tilts" in conjunction with .he unbundled '
revenue requirement by functionalized costs and rate classes. This ±
is estimated at 120 hours.
• Initial cotauha;.!on with the City regarding detailed scope of each
it
I
i
t.
,o. ♦J!1 ,V:. 711:9 r:~.4~ IAA.I J:i
task and development of information required to be provided by the
City to the consultants for each task. This is estimated at 16 hours.
In DUCT's original proposal, it estimated 6 meetings for Task B. Given that the
City Council and Regulatory Board meet on different days, DUCT has Included in
additional 6 meetings as requested per our discussion. Based on our understanding of
the City's request, DUCT has set forth as Alternative B, its price proposal to Include
these additional services. DUCT has estimated a price of $45,000 to complete Task A
and a price of $20,000 to complete Task B.
These are only meant to provide a general outline of DUCT's analysis. I hope this
has provided enough detail for the additional services we discussed on the phone.
Once again w,e would like to thank you for allowing DUCT to submit this Proposal
to the City. We are prepared to commence work on this project immediately upon
selection, and would complete the project in a timely and efficient manner. Should you
have any questions with regard to this proposal or other matters, please feel free to
contact Dan Lawton at (512)257.2600.
Sincerely,
~ursit't d Utilit} Consultants, Inc.
1
li I!
c
46
o...o;.... Lkx l PAGE E4
PART IR
RIGS PROPOSAL
I
MANPOWER AND COST REQUIREMENTS
TO PROVIDE REVIEW OF
CITY OF DENTON•S UNBUNDLING AND RATE OESION
ON BEHALF OF THE CITY OF DEN TON
ALTERNATIVE B
1 SRO R!A IReu NTS • TAAK A
OLEMAW
LAWTON PODS WEENZEL TOTAL TOTAL ,
7ASK W25M liltSA18I Ii1020 M yMJR6 AUQUmt
t N • 10 Q 1SAW -
2 11 10 0 24 ss,210
2 48 S S Sr 11,100
4 00 20 20 100 112.000
S w 10 20 120 111,100
In" Con" 16 0 0 16 S20m
lours ZU 66 00 206
i
Amount
12llLfifl 1347!0 iS000 111004
ESTH" e!=OFNU! . T"l(A {
OAntirq tspp
Polugs 1 Dow" sTS
Ph" s TS
I
TOTAL EXPENSGS um
ORAND TOTAL • TAAX A ULW
A2QRRFOLIIR INFNTQ . TAIAK R
POU&
LAWTON TOTAL
SASH IifsSR AN41RiI
wave MsWN@ 1~0 gig 2"
Moue y~G
Amount 110.2$0 llTu"10
STIAT O PXPENUS . TAOX N
CoOrlPriR^0 1'60 4
TmmspwWW . Tw wo Maeop 100 /
mold & Meals Ne" NrTrys 1100
Ai TrnM . Tw*vs m"Lvs 12,400 l ' \
TOTAL EXPENSES am
GRAND TOTAL • TASK I MAW
GRAND TOTAL • TASK A A S UAW
1
r
II
i
i
D V C1 DNERSWIED UTILITY
CONSULTANTS, INC.
I I I I$ RO ZEE DRrV 6 SUn R 110. AUSTIN. TI 70729 j
TZ1."HOUN4LO, 0071" rat 610nfa"I
i
August 11, 1949
Cheryl Davenport, C.P.A.
Utility Rate Administrator
901-A Texas Street
Denton, Texas 76201
RE: Proposal to Review City of Demon's Unbundling and Ratr Design
Dear Ms. Davenport:
Diversified Utility Consultants, Inc. ("DUCI") is pleased to submit this proposal to the City
of Denton ("City") to analyze the unbundling and rate design issues. j
DUCI is a Texas Corporation located in Austin, Texas, with an international client base. The
principals of DUCI, Messrs. Pous and Lawton, have over forty (40) years of utility rate and
regulation experience. In particular, Messrs. Pous and Lawton have testified and/or made formal
presentations before federal, state, municipal, and provincial regulatory bodies, REA Cooperative
boards and U.S. Environmental Protection Agency review boards on all aspects of utility cost of
sen ice, ratemaking, and rate design.
DUCI is well qualified to perform the various services necessary to complete a thorough
analysis of the City's unbundling and rate design issues. DUCI's personnel have the extensive,
current and relevant utility rate regulation experience necessary to review the accounting,
engineering and economic issues reflected in the City's request. In addition, Messrs. Pous and
I.awton have been involved in more than 200 different utility rata regulation proceedings and,
moreover, have been project leader, negotiator and/or expert witness for the vast majority of such
cngagemcnt~.
As shown on the resumes of Mr. Lawton and Mr. Pous, they are very familiar with these
types of issues. As DUCI has been involved in numerous similar past reviews, DUCI has an
excellent understanding of the numerous underlying methods, procedures and theories that most
fikeiy will be needed to perform the necessary studies.
DUCI's prior experience is set forth in Pan I of this proposal. Based in part on this prior
experience, DUCI has set forth in Part If of this proposal its understanding of the scope of work \
necessary for this case. DUCI has further enumerated in Part 11 a detailed plan of action 10 complete
the necessary tasks associated with a comprehensive rate review in a timely and cost efficient
Ii
manner.
Based on our underst.uxbrig of the Company s prior practices, DUCI has set forth in pan III
:u, estimated price of $16,625 to armplete Task A In the proposal. This price includes all out-of-
pocket expenses, but does not include the charges associated with any services or expenses that have
or will be defined as additional services. Also included in Part III is a breakout to complete Task
B included in the proposal. DUCT has set forth an estimated total cost of S 10,006 to prepare for and
attend the limeetings. It is our intent and de-are to provide the City with the highest quality analyses
and work product at the most economical cost DUCT is prepared to modify the scope of service and
corresponding costs in order to meet any appropriate changes proposed by the City.
As can be seen from the resumes in Pass I of this proposal, the personnel who will be
available to the City for the analyses, discussions and educational meetings have substantial
experience in the areas of cost of service for electric, gas, water, and ether types of utilities. These
staff members also have experience In rate design analyses, cost allocations, corporate auditing, as
well as substantial experience with regard to review of revenue requirarent issues. DUCI personnel
have testified before various regulatory commissions and are very well experienced in working with
electric utilities.
We would like to thank you for allowing DUCI to submit this Proposal. We are prepared
to commence work on this project immediately upon selection, and would complete the project in
a timely art efficient manner. Shot:ld you have any questions with regard to this proposal or other
matters, please feel free to contact Dan Lawton at (512)257.2600.
SincerelyDt ility y Consultants, Inc.
Enclosure
i
i
I
f ~ i
A G-\
II
. _._...v
,
t
I
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
DIVERSIFIED UTILITY CONSULTANTS, INC., FOR CONSULTING SERVICES
PERTAINING TO THE DEVELOPMENT OF A NEW ELECTRIC SERVICE RATE DESIGN
FOR DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems it in the public interest to engage Diversified Utility
Consultants, Inc., a Corporation ("DUC'), to provide professional consulting services to the City
pertaining to the development of a new electric service rate design for Denton Municipal Electric
("DME") in preparation for the expected transition of the City into a competitive deregulated
electric marketplace; and
WHEREAS, the City staff has reported to the City Council that there is a substantial r :cd
for the above-described professional consulting scr,•ices, and that limiNd City staff cannot
adequately perform the services and tasks with its own persorknel; and I
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act", generally provides that a City may not select a provider of
professional services on the basis of competitive bids, but must select the provider on the basis of
dcmonstrdled competence, knowledge, and qualifications, and for a fair and reasonable price; ,
and
I
WHEREAS, the City Council has provided in the City Pudget for the appropriation of
funds to be used for the purchase of the professional consulting services, as sat forth in the
Professional Services Agreement; .VOW, THEREFORE,
1 1111. COUNCIL OF THE CITY OF DENTON HEREBY ORDAIN&
SI C.fION I: That the City Manager is hereby authorized to execute a Professional
Services Agreement with Diversified Utility Consultants, Inc., a Corporation, for professional
consulting services pertaining to the development of a new electric service rate design for j
Denton Municipal Electric, in substantially the form of the Professional Services Agreement
attached hereto and incorpor-itod herewith by reference.
S_E("LION jj That the award of this Agreement by the City is on the basis of the r !
demonstral;d competence, knowledge, and qualifications of DUC and the ability of DUC to 6
perform the scrviees necde-i by the City for a fair and reasonable price. j
SECTION IIL That the expenditure of funds as provided in the attached Professional
Services Agreement is hereby authorized.
i
I
C'
I
SECTION IV: That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of 1999.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
I IERBERT L. PROUTY, CITY ATTORNEY
Dy;J
W
+ J~
lit
5\Ow Documcn910rdineaces199DlvmirwdUliliq Comultunls PSA• DMF (toe deslgn) doc
`IlI
1
1 t
I
i
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES
PERTAINING TO THE DEVELOPMENT OF A NEW ELECTRIC RATE DESIGN!
FOR DENTON MUNICIPAL ELECTRIC
THIS AGREEMENT is made and entered into as of the day of
_ 1999, by and between the City of Denton, Texas, a Texas
Municipal Corporation, with its principal offices at 215 E. McKinney Stmt, Denton, Texas 76201
(hereafter "OWNER') and Diversifred Utility Consultants, Inc., Inc., a Texas Corporation, with its
offices at 12113 Roxie Drive, Suite 110, Austin, Texas 78729 (hereafter "CONSULTANI'); the
parties acting herein, by and through their duly-authorized representativesand officers.
WITNESSETH, that in consideration of the covenants and agreements herein contained, the
parties hereto do mutually AGREE as follows:
ARTICLE I
EMPLOYMENTOF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the
CONSULTANT hereby agrees to perform the services herein in connection with the Project as
stated in the Articles to follow, with diligence and in accordance with the professional standards
customarily obtained for such services in the State of Texas. The professional services set forth +
herein are in connection with the following described project (the "Project');
Professional consulting services pertaining to the developmentof Phase 11 of a new electric service
rate design analysis and unbundling study for Denton Municipal Electric.
SCOPE OFSERVAR ICES
I
The CONSULTANTshall perform the following basis services in a professional manner:
A. To perform those services as set forth and resolved in the following three (3) letters:
1. OWNER'S Request for Proposal appended to the letter dated July 6, 1999 from
Cheryl Davenport, CPA, ("Davenport") a Utility Rate Administrator of
OWNER, to Dan Lawton, a Principal of CONSULTANT (the "RFP'), which
consists of Om (3) pages, a copy of which RFP is attached hereto and
r
incorporated hercwithbyreference as Attachment"A".
2, CONSULTANT'S"Proposal to Review Cityof Denton's Unbundlingand Rate
Design, ' appended to the letter dated August 11, 1999 from CONSULTANT to
Davenport (the "Proposal'), which consists of 21 pages, a copy of which
~~~---K-~ M• Page I of 10
i
t
t
i
it
f '
1
Proposal is attached hereto and incorporated herewith by reference as
Attachment"B",
3. CONSUL TANT'S "Amended Proposal toQeviewandPerformCity ofDenton's
Unbundling Study and Rate Design Analysis" made in the letter dated August
19, 1949 from CONSULTANT to Davenport (the "Amended Proposal'), which
consists of three (3) pages, a copy of • vhich Amended Proposal is attached hereto
and incorporated by reference as Attachment "C".
B. If there is any conflict between the terms of this Agreement and the three (3) Attachments
appended to this Agreement, the terms and conditions of this Agreement shall control over
the terms and conditionsof the Attachments.
t
ARTICLE lit
ADDITIONAL SERVICES
Any additional services to be performed by the CONSULTANT, if authorized by the
OWNER, which are not included as basic services in the above-described Scope of Services, set
forth as provided by Article 11. above, shall be later agreed-upon by OWNER and CONSULTANT,
who shall determine, in writing, the scope of such additional services, the amount of compensation
for such additional services, and other essential terms pertaining to the provision of such additional
services by the CONSULTANT.
I
ARTICLE I V
PERIODOFSERVICE
This Agreement s4tall become effective upon execution by the OWNER and the
CONSULTANTand upon the issuance or a notice !o proceed by the OWNER, and shall remain in
force for the period which may reasonably be required for the completion of the Project, including
Additional Services, if any, and any required extensions approved by the OWNER. This
Agreement may be sooner terminate) in accordance .-iith the provisions hereof Time is of the
essence in this Agreement. CONSULTANT shall m, dte all reasonable efforts to complete the
services set forth herein as expeditiously as possible and to meet the schedule reasonably
established by the OWNER, acting through its Directorof Electric Utilities or her designee.
r1RTI_____C . V_
COMPENSATION
A. COMPENSATION TERMS:
1. "Subcontract Expense" is defined as those expenses, if any, incurred by
CONSULTANT in the employment of others in outside firms, for services in the area i
of professional consulting, or related services. Any subcontract or subconsuizant r t
billing reasonably incurred by the CONSULTANT in connection with the Project shall ! 1 r
be invoiced to OWNER at the actual cost.
1 "Direct Non-Labor Expense" is defttted as that expense, based upon actual cost, for any
out-of-pocket expense reasonably incurred by the CONSULTANT in the performance
o.rf,~,,, wp1,Yl w., dwI n.. 11. Icy n r Page 2 of 10
1
I
i ,
of this Agreement for long distance telephone charges, telecopy charges, messenger
services, printing and reproduction expenses, out-of-pocket expenses for purchased
computer time, prudently incurred travel expenses related to the work on the Project,
and similar incidental expenses incurred in connection with the Project.
B. BILLING AND PAYMENT:
For and in consideration of the professional services to be performed by the CONSULTANT
herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion
of the basic services tasks set forth in the Scope of Services as shown in Article 11 above; as
follows:
I. CONSULTANT shall perform its work on this Project an hourly fee basis, plus
reimbursement for all reasonably incurred out-of--pocket expenses, billed monthly.
CONSULTANT shall bill from time sheets, in minimum 1/. hour increments, at the rates set
forth in CONSULTANT'S "Manpower and Cost Requirements to Provide Review of City of
Denton's Unbundling and Rate Design on Behalfof the City of Denton" schedules respecting
compensation and expense price structure, which are identified as Pan III of the Proposal,
and as amended as Pan III of the Amended Proposal; attached hereto as Attachment "B" and
Attachment "C", respectively, which have been incorporated herewith by reference. The
OWNER agrees to pay to CONSULTANT for its professional services performed, and its
out-of pocket expenses incurred in the ?reject, a total amount not to exceed S 65,000.00.
3
2. Partial payments to the CONSULTANT will be made monthly based on the percent or
actual completion of the basic services, rendered to and approved by the OWNER through its
Director of Electric Utilities or her designee. However, under no circumstances shall any
monthly statement for services exceed the value of the work performed at the time a
statement is rendered. The OWNER may withhold the final ten (fta) percent of the above
not•to-exceedamountuntil satisfactory completion of the Projectby the CONSULTANT.
3. Nothing contained in this Article shall require the OWNER to pay for any work which
is unsatisfactory as reasonably &e rmined by the Director of Electric Utilities or her
designee, or which is not submitted by CONSULTANT to the OWNER in compliance with
the terms of this Agreement. The OWNER shall not be required to make any payments to
the CONSULTANT at any time when the CONSULTANT is in default under this
Agreement.
4. It is specifically understood and agreed that the CONSULTANT shall not be
authorized to undertake any work pursuant to this Agreement which would require additional
payments by the O1INER for any charge, expense or reimbursement above the not-to-exceed
amount as stated hcminabove, without first having obtained the prior written authorization
from the OWNER. CONSULTANT shall not proceed to perform any services to be later
provided for under Article Ill. "Additional Services" without first obtaining prior written
authorization from the OWNER. l +
C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER
in Article Ill. hereinabove, CONSULTANT shall be paid based on a to-be-agreed-upon
Schedule of Charges. Payments for additional services shall be due and payable upon
„•d°° r-•^°~ .-a.. ^.,.^K.,,. Page 3 of 10
t
submission by. the CONSULTANT, and shall be in accordance with Article V.B.
hereinabove. Statements for basic services and any additional services shall be submitted to
OWNER no more 6 equently than once monthly.
D. PAYMENT; If the OWNER fails to make payments due the CONSULTANT for
services and expenses within sixty (60) days, after receipt of the CONSULTANTS
undisputed statement thereof, the amounts due the CONSULTANT will be increased by the
rate of one percent (1%) per month from and after the said sixtieth (60th) day, and in
ad&tion. taereafter, the CONSULTANT tray, after giving ten (10) days written notice to the
OWNER, suspend services under this Agreement until the CONSULTANT has been paid in
full for all amounts then due and owing, and not disputed by OWNER, for services, expenses
and charges. Provided, however, nothing herein shall require the OWNER to pay the late
charge of one percent (1%) per month as set forth herein, if the OWNER reasonably
determines that the CONSULTANT's work is unsatisfactory. in accordance with Article V.
B. of this Agreement, and OWNER has notified CONS ULTANTorthat fact In writing..
ARTICLE Vi
OBSERVATIONAND REVIEW OF THE WORK i
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT
or any of its subcontractors or subconsultants.
I
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or famished by the CONSULTANT (and CONSULTANT's
subcontractors or subconsuhanls) pursuant to this Agreement are instruments of service and shall
become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
famished by the CONSULTANT are intended only to be applicable to this project and OWNER's
use of these documents in other projects shall be at OWNER's sole risk and expense. In the event
the OWNER uses the Agreement in another project ur for other purposes than specified herein any
of the information or materials developed pursuant to this agreement, CONSULTANT is released
from any and all liability relating to their use in that project.
A13=&Vlll
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as an
employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status. r
ARTICLEIX ( r
INDEMNITY AGREEMENT j
the CONSULTANT shall indemnify and save and hold harmless the OWNER and its
officials, officers, agents, attorneys and employees from and against any and all liability, claims,
Page 4 of 10
f
I~
k
i
I
i
demands, damages, losses and expenses, ircluding but not limited to court costs and reasonable
attorney fees incurred by the OWNER, and including without limitation damages for bodily and
personal injury, death, or property damage, resulting from the negligent acts or onnissions of the
CONSULTANT cr its officers, shareholders, agents, attorneys and employees in the execution,
operation, or performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not a
party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or
equity, to any claim, cause of action or litigation filed by anyone rnNt a party to this Agreement,
including the defense of governmental immunity, which defenses are hemhy expressly reserved.
ARTICLE X
INSURANCE
During the performance of the Services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in the State of
Texas by the State Insurance Board or any successor agency, that has a rating with A. M. Best Rate
Carriers of at least an "A-" or above:
A. Comprehensive General Liability Insurance with bodily injury limiti of not irss than
$500,000 for each occurrence and not less than 5500,000 in the aggregate, and with property
damage limits of not less that, S 100,000 for each occurrence and not less than S 100,000 in the
aggregate. E
B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each
person and not less than $500,000 for each accident and with property damage limits for not
less than $100,000 for each accident.
C. Worker's Compensation Insurance in accordance with statutory requirementsand Employer's
Liability Insurance with limits of not less than S 100,t100 for each accident.
D. Professional Liability Insurancewith limits of not less than 51,00,000 annual aggregate.
E. CONSULTANT shall famish insurance certificates or insurance policies at the OWNER's
reques+ to evidence such coverages. The insurance policies shall name the OWNER as an
additional insured on all such policies to the extent that is legally possible, and sha!I contain a
provision that such insurance shall not be cancelled or modified without thirty (30) days prior
written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall,
prior to the effective date of the change or cancellation of coverage, deliver copies of any
such substitute policies, fumishingat least the same policy limits and coverage,to OWNER.
ARTICLE X1
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under d is Ag eement by submitting the dispute
to arbitration or other means of alternate dispute resolution such as mtdiation. No arbitration or
alternate dispute resolution arising out of or relating to, this Agreement involving one party's
disagreement may include the other party to the disagreement without the other's approval.
Pflgl 5 of 10
t
a
ARTICLE Xn
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate this
Agreement by providing thirty- (30) days advance.vMtten notice to the other party.
B. This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination will
be effected unless the other party is given (1) written notice (delivered by certified mail,
mum receipt requested) of Intent to terminate and setting forth the reasons specifying the
nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the
failure; and (2) an opportunity for consultation with the terminating party prior to
termination.
C. If the Agreement is terminated prior to completion of the services to be provided hereunder,
CONSULTANT shall immediately cease all services upon receipt of the written notice of
termination from OWNER, and shall render a final bill f)r services to tha OWNER within
twenty (20) days after the date of termination. The OWNER shall pay CONSULTANT for
all services properly rendered and satisfactorily performed, and for reimbursable expenses
prior to notice of termination being received by CONSULTANT, in accordance with Article
V. of this Agreement. Should the OWNER subsequently contract with anew consultant for
the continuation of services on the Project, CONSULTANT shall cooperate in providing
information to the OWNER and to the new consultant. If applicable, OWNER shall allow 1
CONSULTANT a reasonable time to transition and to turf over the Project to a new
consultant. CONSULTANT shall twn over all documents prepared or furnished by
CONSULTANT pursuant to this Agreement to the OWNER on or before the dale of
terminatioa,but may maintain copies of such documents for its fifes.
-ARTICLE XII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute nor be deemed a release of the
responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors,
and subconsultants for the accuracy and competency of their designs or other work performed
pursuant to this Agreement; nor shall such approval by the OWNER be deemed as an assumption
of such responsibility by the OWNER for :uiy defect in the design or other work prepared by the
CONSULTANT, its principals, officers, employees, agenls, subcontractors, and subconsultants.
ARTICLEXIY
NOTICES
i
All notices, communications, and reports required or permitted under this Agreement shall be '
personally delivered to; or telecopied to; or mailed to the re +pxtive panics by depositing same in
the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt
requested, unless otherwise specified herein.
1,.Or~sr[w.r K1iV[Y,yi e.,~ M9 oK MA! Page 6of 10
t
e
To CONSULTANT: TUOWNER:
Diversified Utility Consultants, Inc. City of Denton. Texas
Dan Lawton, Principal Sharon Mays, Director, DME
12113 Roxie Drive, Suite 110 901-A Texas Street
Austin, Texas 78729 Denton, Texas 76201
F-ix:(512)257.2243 Fax: (940) 349-7334
All notices under this Agreement shall be effective upon their actual receipt by the party to
whom such notice is given, or tame (3) days after mailing of the notice, whicheverevent shall fast
occur,
i
ARTICLE XV
ENTIRE AGREEMENT
This Agreement consirting of ten (10) pages and three (3) attachments constitutes the
complete and final expression of the Agteement of the parties and is intended as a complete and
exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous
offers, promises, representations, negotiations, discussions, communications, understandings, and
agreements which may have been made in connectionwiththe subject materofthis Agreement.
ARTICLE XV I
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to
be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement,
and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall
reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a
vali,t and enforceable provision which comes as close as possible to expressing the original
intentions of the. parties respecting any such stricken provision.
c1EI YV-U
COMPLIANCE Al TH LAWS
The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and
ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read
or as they may hereafter be amended.
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required heaunder, the CONSULTANT shall not discriminate
against any person or the basis of race, color, religion, sex, national origin or ancestry, age, or i '
physical handicap.
Page 7of10
t
it
I
~I
ARTICLE X1X r
PERSONNEL
A. CONSULTANT represents that it has or will secure at its own expense all personnel required
to perform all the services required under this Agreement Such personnel shall not be
employees or officers of, nor have any coatra;tual relations with the OWNER.
CONSULTANT shall immediately inform th; OWNER in writing of any conflict of interest
or potential conflict of interest that CONSULTANT may discover, or which may arise during
the term of thi%A grecment.
B. OWNER requires that CONSULTANT carefully safeguard all documents, data, and
information provided by OWNER to CONSULTANT incident to this engagement.
CONSULTANT recognizes that such documents, data, and information involve sensitive,
competitive issues, in some cases confidential information, in some cases proprietary
information, and the disclosure of such information by CONSULTANT to any third party,
without the express written consent of OWNER, is expressly prohibited by OWNER, and
would likely cause significant economic loss and detriment to OWNER. Any such disclosure
of information by CONSULTANT shall constitute a material default of this Agreement.
CONSULTANT represents to OWNER that it will safeguard OWNER's information and
will, upon OWNER'S request, provide OWNER with CONSULTANT'S policies regarding
its procedures for identifying conflicts of interest, and its procedures and safeguards which
are in place which would apply to CONSULTANT'S treatment and handling of OWNER'S
documents, data, and information during this engagement.
C. All services required hereunder will be performed by CONSULTANT or under its direct
supervision. All personnel engaged in pcrforming the work provided for in this Agreement,
shall be qualified, and shall be authorized and permitted under state and local laws to perform
such services.
i
ARTICLE
ASSIGNABIL11Y
Rte CONSULTANT shall not assign any interest it this Agreement and shall not V=fer
any interest in this Agreement (,tihcthet by assignment, novation or otherwise) without the prior
%Ti1tcnccnscntofthc0WNER. CONSULTANT shall promptly notify OWNER of any change of
its name as well .,s of any signific^nt change in its corporate structure or in its operations.
y ICLEXXI
MODIFICATION
No waiver or modificatieuof this Agreement or of any covenant, condition, limitation herein
contained shall be valid unless in writing vtd duly executed by the party to be charged therewith.
No evidence of any waiver or modification shall be offered or received in evidence in any
proceeding arising between th,r parties hereto out of or affecting this Agreement, or the rights or
obf3ations of the panics hrvunder, unless such waiver or modification is in writing, duly
executed. The parties further tegree that the provisions of this Article will not be waived unless as
herein set forth.
.w...,....., ti~.ti~a.,,. Page 8of10
I
I
i'
ARTICLE XXII ;
MISCELLANEOUS
A. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the
final payment made by OWNER under this Agreement, have access to and the right to
examine any directly pertinent books, doaunents,papers and records of the CONSULTANT
involving transactions relating to this Agreement. CONSULTANT agrees that OWNER
shall have access during normal working hours to all necessary CONSULTANT facilities and
shall be provided adequate and appropriate working spec: in order to conduct examinations
or audits in compliance with this Article. OWNER shall give CONSULTANT reasonable
advance notice of all intended txaminatiortsor audits.
B. Venue of any suit or cause of action under this Agreement shall lie exclus,'vely in Denton
County, Texas. This Agreement shall be governed by and construed in acco -dance with the k
laws of the State of Texas.
C. For purposes of this Agreement, the parties agree that Dan Lawton, Principal of {
CONSULTANT L3wton') shall serve as the Project Manager of CONSULTANT,
respecting this engagement. This Agretment has been entered into with the understanding
that Lawton shall serve as the CONSULTANT's Project Manager and the key person serving
the OWNER on this Project. Any proposed changes requested by CONSULTANT,
respecting Lawton serving as the key persoa on the Project, shall be subject to the approval of
the OWNER, which approval the OWNER shall not unreasonably withhold. Nothing herein
shall limit CONSULTANT from using other qualified and competent members of its ri;.n to
perform the other s-rvices required herein, under its supervision or control.
D. CONSULTANT shall commence, carry on, and complete its work on the Project with all
applicable dispatch, and in a sound, economical, t icientmanner,andinaccordancewiththe
provisions hereof In accomplishing the Project, CONSULTANT shall take such s!eps as are
appropriate to ensure that the work involved is properly coordinated with related work being
carried on by the OWNER.
E. The OWNER shalt assist the CONSULTANT by placing at the CONSULTANTS disposal
all available information pertinent to the Project, including previous reports, any other data
relative to the Project and arranging for the access to, and make all provisions for the
CONSULTANT to enter in or upon, public and private property as required for the
CONSULTANT to perform professio,oal services under this Agreement. OWNER and
CONSULTANTagree that CONSULTANT is entitled to rely upon information furnished to
it by OWNER without the need for further inquiry or investigatior, into such information.
F. The captions of this Agreement are for informational purposes only and shall not in any way
affect the substantive terms or conditions of this Agreement.
IN WITNESS WHEREOF, the City of Denton, Texas tat executed this Agreement in fora !
(4) original counterparts, by and through its duly-authorized City Manager; and CONSULTANT
has executed this Agreement by agd through its duly-authorized undersigned officer and Principal,
on this the day of ,1999,
Page 9 of 10
L"CITY"
CITY OF DENTON, TEXAS
By: _
ATTEST: Michael W. Jez, City Manager
JENNIFER WALTERS, CITY SECRETARY
j
Bv:
APPROVED AS TOIEOALFORM:
HFRBERT L. PROU; Y, CITY ATTORNEY
By: _ O
"CONSULTANr,
DIVER. U7ILITY~E?ONSULTANTS,MC,
A TeK Cn tion
By: 5(
D on, teal
ATTEST:
By:^~'[ rB~-
,f
sec"Em
IAAwrf,rv.,ARlro.e,n.Me,e lNr Page l0 of 10
1 t
I
t i
1
I
Agenda No
AGENDA INFORMATION SHEET Apia Hem
.
AGENDA DATE: Octotcr 5, 1999 01" 9 co-ne ng this
Questions co
acquisition may be directed
DEPARTMENT: Purchasing to Howard Martin 349.8232
ACM: Kathy DuBose, Fiscal and Municipal Services
SUWECT:
AN ORDINANCE OF THE CITY OF DENTON, TUXAS ACCEPMO AN OFFER FOR THE SALE
OF CERTAIN REAL ESTATE OWNED BY THE CITY OF DENTON; AND PROVIDING FOR AN
EFFECTIVE DATE (FILE 2417 - SALE OF LAND 0.161 ACRES WELL SITE NO 5 AWARDED TO
TRW" PRESBYTERIAN CHURCH IN THE AMOUNT OF $300).
BACKGROUND:
The Water Department has been plugging old wells and selling the well site if they are no longer useful to
the Utility and to the City. This si,- was plugged in 1993, this site is no longer essential for the Water
Department.
This site is located on the North side of Shemtan Drive East of Bell Avenue between the Piggly Wiggly
grocery store and the Trinity Presbyterian Church. The 0.161 acre site 6 too small for on-site
development. The notice of the si le of the property was sent to the adjoining property owners, The City of
Denton only received one offer.
RECONIMENDATION:
We recommend the acceptance of the $300 offer from Trinity Presbytman Church.
ESIDIATED SCHEDULE OF PRQaUl
A quit claim deed will be executed within two weeks after Council approval.
PRIOR ACTION EVIEW:
The Public Utility Board approved the sale of this property, Well Site No S. in October of 1997.
FISCAL INFORM ATI ON:
The sale of the property generates approximately $300 of revenue. The main advantage is the elimination
of the liability and the future maintenance costs.
I
LAND SALE INFORMATION:
This contract is for the sale of approximately 0.161 acres of land located on the North side of Sherman
i
Drive. East of Belt Avenue and known as Well Site No S. Chapter 272.001 subsection b. of the It= r '
Local Government Code exempts small parcels of land that cannot be used independently from 04 bid
process.
i
a
' AGENDA INFORMATION SHEET 4
OCTOBER 5,1999
PAGE 2OF2
i
Respectfully sul fitted:
Tom Shaw, C, P.M., 3441[00
Purchasing Agent
Attachment 1: location Map
Attachment 2: Field Notes
1277.AOENDA
i
r
{
r
a
u
I
ORDINANCE NO,
AN ORDINANCE OF THE COPY OF DENTON, TEXAS ACCLPTINO AN OFFER FOR THE
SALE OF CERTAIN REAL ESTATE OWNED BY THE CITY OF DENTON; AND
PROVIDING FOR AN EFFECTIVE DATE (TILE 2417 - SALE OF LAND 0.161 ACRL•S
WELL SITE NO S AWARDED TO TRINITY PRESBYTERIAN CHURCH rN THE AMOUNT
OF $300).
WHEREAS, the City of Denton, in accordance with the requirements of
TEX1OC.GOV'T CODE ANN. CHAPTER 272,001 (VRRNON 1988), has offered the
sale of a certain tract of real property located on Sherman Drive and described as Well
Site No S.
WHEREAS, the City Marger having recommended to the City Council that the
said sale of land be approved; anal
WHEREAS, in accordance with Section 12.04 of the City Chapter, the Council
hereby finds that the property described above is not essential to continued effective
utility service; NOW, THEREFORE, h
THE COUNCIL OF THE CPTY OF DENTON HEREBY ORDAINS:
SECTION 11. That the City Council of the City of Denton, Texas accepts the
offer of Trinity Presbyterian Church, providing for the sale of real property described in
the offer, a copy of which is attached hereto as Exhibit "A" and incorporated by reference
herein.
s
SECTION 11. The City Council hereby authorized the City Manager to execute
any and all comments necessary to consummate the sale of real property in accordance
with the offer.
SECTION III. That this ordinance shall become effective immediately upon Its
passage and approval.
PASSED AND APPROVED this the day of ,1999.
I
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS. CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM: Ar
HERBERT PROUDY, CITY ATTORNEY
/ I
BY:r
1999 LAND ORDINANCE
i
EXHIBIT "A"
QUITCLAIM DEED
DATE: October 5,1999
Grantor: City of Denton
Grantor's Mailing Address:
213 E. McKinney Street
Denton, Denton County, Texas 76201
Grantee: Trinity Presbyterian
I
Grantee's Mailing Address:
i 2200 N. Bell Avenue
Denton, Denton County, Texas 76201.2013
Consideration: Cash and other valuable consideration
Property: See Exhibit "A"
Reservations from and Exceptions to Quitclaims:
I
(1) The property shall not be utilized for the undergrowid storage of
chemicals or hazardous waste.
For the consideration Grantor quitclaims to Grantee all of Grantor's right, title, and
interest in and to the Property, to have and to hold it to Grantee, Grantee's heirs,
executors, administrators, successors, or assigns forever. Neither Grantor nor Grantor's
heirs, executors, administrators, successors, or assigns shall have, claim, or demand my
right or title to the Property or any part of it.
CITY OF DENTON
By:
Michael N. lee ~
City Manager
i
,
1 ~
II
4
WET WELL NUMBER 5
~4nyiwuy
O~c PARK- MS
6o
PEACH
GREFIJVIK)CD -
qAo
lQR~ST i ~ ' I
R -
s.. YINQOtN~
UNIVERSITYONVE
LOCATION,
N
17,
S
I
~urc,i vof, +ts, raye ~c u,K,
I
i N 89° 07' 37" E 146,1T" CO C RET 4
neroae nt y me Grocery AcMtfo
one oPDe scat By
Osbornel Groce Addition
CITY ❑ F DE N 0~~0~
V LUME 278, P 132 D,R, ee
0.161 RE'S
e
~Y`rh 4~'` ~ ~ 1
~ ~ p0 ~ Or
k
C>
i
U ~
' i
III',
I
FIELD NOTES
ALL that certain lot, tract, or parcel of hand situated in the R {I
N. H. Molsenheimer Survey A-1111 Denton County, Texas and being-part of a
tract deeded to the City of Denton, Texas on August 14, 1939 by Norman
-Tumor, st of and recorded in Volume 278, Page 132 Deed Records of Denton
County, Texas and being more particularly described as follows:
BEGINNING at a 3/8 Inch Iron Fin set at the northwest comer of sold
City of Denton trod and 1.09 fset north of a steel fence comer post;
THENCE N 87 07' V E with the north One of sold City tract and the south
I lino of a tract deeded to the Trinity Presbyterian Church recorded in Volume 948
Page 421 Deed Records, 148, 17 feet to an ")C cut In concrete,,
i
THENCE S 56' 00' W parallel with and 50 foot northwesterty from the contoriine
of Sherman Drive ( Old Hwy. 10 ) 175.74 feet to a 3/8 Inch Iron pin set
I In the most westerly east line of said Trinity Presbyterian Church tract
I end the west line of sold City of Denton tract; j
i THENCE N 00 18' 13" W with' the west line of sold City of Denton troet
{ 96.05 r'set to the POINT OF BEGINNINO and containing 0.181 acres of land.
I
I
NO'A, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: I
I
That I, Joy C. Green, Register Professional Land Surveyor, do hereby
I certify that this plot was pre red from an actual' survey on the ground
I and that the iron pins shown croon were placed under my supervision.
i rny
oy Peen
N
w
Registered Professional 11M
Land Surveyor Number 1797 w aQ
I
f ~r
i
C
rv
u
04
TRINITY PRESBYTERIAN CHURCH
I
I
. I
July 13, 1?98
John E. Hudson
Management Assistant
Water/Utilities Field Services
901•A Taw Street
Denton TX 76201
Dear Mr. Hudson:
This confirms our conversation this 4ernoon that Trinity Presbyterian Church Is willing to
purchase Well Site 05 for 5300. We appreciate your assistance in this matter.
Sincerely,
v y `ti CJ ~t
Don W. S tip ulinp Elder A Trustee
r•~
L_ cy
Ronald W. Farnsworth Ruling Elder 1
1200 N. Betl Avenue • Denton, Tarss 76201-N13 • telephone: (910) 352.8813 • amaa: trhn %11 i;lot+al.net
Kant C. Millet pastor
I
r
0
Ma q9-ocl~/ r
AW46 NM
AGENDA INFORIb1ATION SHEET Nte
AGENDA DATEt October 5, 1999
DEPARTMENT: Engineering & Transportation
DCM: Rick Sveble,Deputy City Manager96
SUBJECT;
AN ORDINANCE OF THE C17Y OF DENTON, TEXAS PROVIDING FOR TWO HOUR
PARKING ON THE NORTH SILK OF MULBERRY STREET FROM ITS INTERSECTION
WITH ELM STREET TO ITS INTERSECTION WITH LOCUST STREET FROM &00 A.M. -
5.00 PAL MONDAY THROUGH FRIDAY; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILiTY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED
TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE.
BACKGROUND; This request is from the merchants along this block. In this case, the signs
and ordinances did not match the existing condition. The officer working this area, Officer
Burson, worked with the business owners to gain a consensus for the parking that was acceptable
to all parties because it worked practically and on paper. Traffic Safety review ed and approved
the request.
RF.CO:NfAIF,NDATlO11: Approve the ordinance.
LRIOR ACTION/RFVIFIV (Council, BQW4s, Commissions) Traffic safety recommended
approval.
FISCAL INFORMATION $500 for signs
Respectfully submitted:
r- G~A
Jc\ lark, irector
Engineering & Transportation
I /
.
I
t,
a
FURNnNE WORU
a.r rx >sui
111"140 ti
Apo717,1999
TO WHOM tT MAY CONCERN:
We the merchenb on and around Mulberry Streeet oppose any ad all ordohanas that would bake away any
parkins plain fa ow cuswmea, We an twt opposed to Smitini puff but ma is the not side otMul etry
paldt$ mum would hint a of out bu'meas. if needed we would be w&* to come to spark on
= behalf
Furniture Wor1n
41Gm R'rire?
OffThe squem Amtqum
4ewom
Dana Ear
ivv- ~ ~ P ~
sweetwder
Texfcut On'tl
nopky H
r,/e
I
I
J
1:,; a
2
I
r.
II Ls
1
1
V
Trafflc Safely Commission Minutes - ASay 1999
ITEM N3 REVIEW AND CONSIDER APPROVAL OF A FO E cT TO CnANCITH
PAkKING ON THE NORTH SIDE OF 11 B R V S K T FROM NO P AXING
TO 2 HOUR PARKING:
Clark sold this request Is again the result of Officer Burson's good work. He located the
6ct that this is called out as "no parking", There is one sign here, but there are people
parking here. It is not cleorly defined in the old ordinance, It is called out as restrictive
parking. Staff measured the n trcet, arse It has enough for four full lanes. It is45 feet back
to back. It has room for parking on both sides and two full lanes to go through it.
All the owners in this area recommend that ibis happen. They feel It will help their
businesses.
Staff recomiticnds that the Commission consider 2 hour parking on Mulberry, Monday
through Friday from $11) a.m to 5;00 p.m, between Elm and Locust. It is Just the next
rood euuih of Walnut where the last action was taken.
Waiters Asked what they planned to do with the dumpsters on that side. ClsYk said there
would have to be ionic consolidation. Glover said she did not think there was a dumpster
at that location, Clark said there is one at the antique store. Thisaheady exists on the
south side and this will add It to the north side. Parking will be added to the area.
Walters asked if there was enough parking during the day. Clark said he thinks that
belongs to the Texicin Grill. Not all of them tray hove access. Wolters asked if the First
Methodist Church owned it, Glover said she thinks it belongs to First Sate Bank. Clark
said he knew the Methodist had permission to cite First Sate Bantu parking lots.
Luce asked Olover; if the concept people were signing off on was done by her. Glover
said yes
Luce asked if there were any questions.
Luce asked if anyone was r "rent to speak againa the proposal, Gathering no one Is
going to speak against i es any commissioner entertain a motion?
STAFF kIiCOMMHND Approval
1 C'ONI MISSIONERS: Phillips nude a motion to change the parking on the north side of
Mulberry Street to 2 hour parking, Monday through Friday, 9:t0 a.m, to 5:10 p.m.
Ridcm seconded the nation. Motion passed unanimously.
3
- t.
YJ~1~ •
Fl-~116
~ IlVlllnm- I
LLn
• f~''~ •.1. ~ Y Y ' 31
Y. ! .ri 1' . 1 ~ ~ • - . : 111 " ~ -_1 : ~
J ~1 X1;1.' L:' • Y _ __'I
i `11`•• / i • 1 • ~ Y iy l
p ` • fCED/IR NCEOIR I
1
1 S. FlN
N. tlN
Y : • Y V Y 'I • r I' Y I` i,
+ 1
J S. LOCVSt r N. LOCUST
. 1 u:Y
• • r ~ r ~ IN M.IVSiLN ~ i
•
PRMAL
OAXLAMO
Y
f•
'•I ••••I•Il, ,Irlf~ a 1111 lllf I1 ~ Y~
1 -
PHASE T/ L E•-2464
l „11 1,11
i
I
l
N
ORDINANCE NO. _ f
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR TWO HOUR
PARKING ON THE NORTH SIDE OF MULBERRY STREET FROM ITS INTERSECTION
WITH ELM STREET TO ITS INTERSECTION WITH LOCUST STREET FROM 8:00 A.M. -
5:00 P.M. MONDAY THROUGH FRIDAY; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED
TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. On the north side of Mulberry Street from its intersection with Elm Street
to its intersection with Locust Street all parking from 8:00 am. to 5:00 p.m. on Monday through
Friday shall be limited to no longer than two hours.
SECTION 2. That all provisions of the ordinances of the City of Denton in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall
remain in full force and effect.
SECTION 3• That if any provision of this ordinance or application thereof to any person
or circumstance is held invalid, such invalidity shall not affect the other provisions or
applications, and to this end the provisions of this ordinance are severable.
SECTION 4. Any person adjudged guilty of parking a vehicle in violation of this
ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred
Dollars ($200.00).
i
SECTIONS. 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, the official newspaper of the !I
City of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the _ day of ,1999
I
JACK MILLER, MAYOR
i~ A
i
5
J
r
1
M
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L, PROUTY, CITY ATTORNEY
BY:
r
A
PAGE2
a. n.rrew. wri0 NoW Mnrtu rr
a
t
c,
AGENDA INFORINIATION SHEET No.
r
AON* hm w,
Date O
AGENDA DATE: October 5,1499
DEPARTMENT: Engintcrlng& Transportation
Cn11DCM/ACN1: Rick Svebla, Deputy City N1xringere5
St'siru: AN ORDINANCE OFT E CITY OF DENTON, TEXAS C A GING WALNUT
STREET TO A ONE-WAY STREET HEADING WEST BETWEEN ELM AND LOCUST
STREETS; PROVIDING FOR SIXTY DEGREE ANGLE PARKING ON THE NORTH SIDE
OF WALNUT AND PARALLEL PARKING ON THE SOUTH SIDE OF WALNUT
BETWEEN ELM AND LOCUST STREET',', :''.')VIDING FOR PARKING TIME ON THIS
PORTION OF WALNUT STREET TO BE LIMITED TO TWO HOURS FROM g:00A.M.
TO 5:00 P.M. ON MONDAY THROUGH FRIDAY; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED
TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE.
BACKGROUND: The request for the change is from the Main Street Program, Julie Glover,
who obtained public input through meetings and surveys to determine the need, evaluate
potential solutions, and then processed those recommcndatiom through Traffic Safety
Commission,
RECOMMENDATION: Approve the Ordinance
I
PRIOR ACTIONIREVIEW (Co>rncll. Boards. Commissions) Traffic Safety recoromends
Approval
i
FISCAL INFORATATION SI000 for signs, markings, etc
Respectfully submitted:
Jcrry Ark, Di for
Engineering & Transportation
trA
. I.
Ci
1 _
R
Memo
To Jeq park
w.~e Jule W wr, Mein 8 r" Pmgrsm m&ngW
a.w 04*M
fw VV" arrow
Recoo rmddorc 8falf w w wWa making the 100 block of WOU Street one way In cider to cut
dawn on trafAc corrpestion rd paddrp pkoblarm
Sumrnsryt
A sway was sent out to Nb 14 Winess and bk"V owners that would be alleded by dwOV V*
street b orb wsy. CO the nk a mWoooft sit were in /warm and one was opposed. 7M
memhwb Sm ewaw Mat U* meper Is p rft, VIM hew also bean wCAN on cons walm d
Dumpom on W&M and to bmu* ft sm.
I
i
AJr ~ n
0 pope t
II
1 t~
f
MINUTES
Traffic Safety Commission
May 3,1994
PP.F.SENT: Silvia Leskn, Greg Sauko, Barry Walters, Charles Ridens, Harry Phillips, and Larry
Luce
STAFF: Jerry Clark, Staff U41son
Lois Scobee, Administrative Secretary
If8M#1 REVIEW ANDCOXSDERA_EPROVALOFMARCH 1 19.99M[NUTE&
Walters made a motion to approve the minutes as written. Lesko seconded the motion.
Motion passed unanimously,
IIEMg2 PEVIEWANDCONSIDER APPROVALOFAREQUEST TOO(jANGEWALNCtT
STREET TOA "ONE WAY' SIRE T HEADING WEST [ITW N M AN
L OCUST STREETS. AND PRQVIDE FOR 60° DEGREE AN ,r PA KiNO„Qj L=JE
NORTH SIDE OF WALNUT AND PARALLE SPACES 0. TFl SOUTH SID OF
WAL UTy
Clark said this request L4 coming from Main Street. Ms. Julie Glover Is present if the
Commission has any questions She will not make a p"sentation unless the Commission
asks her to come up.
This reap, in front of you, Is a drawing of What staff described in your packet. Hopefully,
the photos give you an idea of the situation. Photo p4 shows congestion a its best.
People arc parking various ways. There is too much parking when people are heading in
on both sides to even get one lane of traffic through. There are large delivery trucks and
peopm: parking there all day.
Su If is tequesting parallel parking on the south side. There will be one lane of traffic
hea i;ng westbound which is opposite of mckory that heads eastbound, so there is some
c irct.la,;on. There are 60^ degree angle spaces here. They will be subject to Loading
Zone requirements if they want to park there all day.
It will be 2 hour parking, as indicated in the last sentence. Dist allows people to came in
and out of businesses and do their activities.
Ms. Glover did an eecellent job of getting all the details together. She sent out a detailed
survey addressing all the Issues Seven out of nine were for iL That Is a good consensus
on a Major Issue like this. It shows the extensive work done behind the scenes by his
Glover,
Staff recommends approval.
Ridens asked if there is a time limit of how long trucks can sit there, Clark said they are ,
parking illegally now. If they get In here, unless in a loading zone, they would be p irked
illegally, if this does not work, they nuy have to create a block for loading like Fry
Street lbcre are three "general loading zones" on Pry Street. Long term, this may be
what they need to do.
1
l
'
Traffic Safety Commission Minutes - May 1999
'A's hers asked if this would cleat up some of the qur,tions and'or comments stated on the
survey. Almost everyone checked beer bottles, trash, etc. Is this going to improve that
situation? Clark said there is work to consolidate dumpstets, so dumpsters are not all the
way up and down. If you have a dear direction of %hem people park, it will be easier to
pick up. Like on the south side, It is going to be easier to get in, out. and around those
spaces to clean up. Ms. Glover is working with them to convey that the appearance of
the overall area adds to the Main Street and Do AMoms concept. It is not just creating
something, but maintaining it too. She works with them on those type Issues.
Sawko asked if parking was behrg "picked up" adding more parking in the area. Thal has
created some congestion too. Clark acid that with all the illegal parking some are being
lost but not that many. They are parking head-In right here, and there,
Ridens asked if it would stop all that head-in parking at Sweetwater. Clark said yes,
people are parking bead-in along this area. Ridens said they tend to park where the motor
dies.
Phillips said he noticed empioyccs parking there, Clark said they w<mld have to look at
that too. If it becomes 2 hour parking, it mill be enforced. There isno way now for the
Police to enforce it because it is not clear what is going on. This has been looked at for
about IS years.
Walters said we are talking about that %bole block between Item N2 and Item 03. (lark
said Elm to Locust. Walters said on the Mulberry side parking Is being changed ton.
Clark said parking would be added over there. Them are people parking them now, but
Cris will actually add spaces. Thal is one of the ordinances Officer Burson found where it
was actually o parking restriction. There should not be anybody parking there, 'flute is
not "no parking" sign that nobody is ,;!towing,
Luce said he appreciates Ms. Glover's Presence, In the interest ofeflictetscY, is there
anyone present opposing this proposal? Not unsing any opposition, is the Commission
interested in entertaining it motion?
S rAFP REf OMNIENDATION: Approval r
COMMISSIONERS: Sawko motioned to approve it as %Tittcn, but would like to add some
limitations on 2 hour parking artdor loading zone type restrictions. Clark said the lost
sentence before the dark print talks about 2-hour parking. Sawko asked if this was
something that needs amending. Clark said yes. Luce said the correct way to do thla is
take an amendment to the motion to snake this 2-hour parking. Sawko agreed. Walters
asked, from what time to what time? Luce said it was unspecified. Glover said Monday
through Friday from B:00 ..n. to 5.00 p.m. Clare said this would be consistent. Ridens
seconded the motion
Luce said Item 02 is modified to have 2 hour parking, Stands) through Friday from 9:00
a m. to 5:00 p.m. Sawko made a motion for approval. Lesko seconded the motion.
Motion passed unanimously.
e
Walnut Street
Y •11u
Y p
M
1 '1 ► r i
• Y~is. _ 'J• - r
1
y t
r7 1 rt
Photo 1. Looking south on Elm to intersection of Elm
and Walnut.
I
II,
i
Walnut Street
V
1
• f
I
I
I ~F , _ , "6on~?avert
rz,
~ ,4 y ~ y, 4 r
j s! .~'S! ~ r~~~ ~'ayyf J I;f~~7 .Y9'#•y~ ~ld~rr fie
'`4 L,
K'~"y"~1~'~~ .i ~•~,1,•1 V, r,~.[•♦y I Cfyeel, ♦ .r,r1~ r,jl 4'ti ~r l~r r l l~ a vrY r `.i
. • 1
Photo 2,
,.J Looking west from
Locust.
south sid Note that the cars on the
e are parked at different angles,
i'
t
II
i
.I
i
~!I
ORDINANCE NO.
I
AN ORDINANCE OF THE CITY OF DENTON. TEXAS CHANGING WALNUT STREET
TO A ONE-WAY STREET HEADING WEST BETWEEN ELM AND LOCUST STREETS;
PROVIDING FOR SIXTY DEGREE ANGLE PARKING ON THE NORTH SIDE OF
WALNUT AND PARALLEL PARKING ON THE SOUTH SIDE OF WALNUT BETWEEN
ELM AND LOCUST STREETS; PROVIDING FOR PARKING TIME ON THIS PORTION
OF WALNUT STREET TO BE LIMITED TO TWO HOURS FROM 8:00 A.M. TO 5:00 P.M.
ON MONDAY THROUGH FRIDAY; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED
DOLLARS; A.NI) DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION., When signs or markings are in place giving notice thereof, the following
street or portion of a street shall be designated for only one-way traffic heading west and it shall
be unlawful to travel east on that portion of the street:
On Walr-ut Street from its intersection with Elm Street to its intersection with Locust
Street.
SECTION 2. The parking of vehicles on Walnut Street from its intersection with Elm
Street to its intersection with Locust Street shall be designated as described below and any
parking contrary to the following provisions shall be unlawful except when it is necessary to stop
a vehicle to avoid conflict with other traffic or in compliance with the direction of a police
officer or official traffic control device.
I
I. On the north ride of this portion of Walnut Street, sixty degree angled parking will be
allowed. No parking within twenty-five fe,M of Elm Street or Locust Street will be
allowed and no parking that blocks acce:4 to any driveways will be allowed.
2. On the south side of this portion of Walnut Street parallel parking will be allowed.
No parking wit,iin twenty-five feet of Elm Street or Locust Street will be allowed and
no parking that blocks access to any driveways will be allowed.
SECTION 3. All parking in any of the areas designated by Section 2 of this ordinance
shall be limited to no longer than two hours on Monday through Friday from 8:001.m. to 5:00
P. M.
SECTION 4• That all provisions of the ordinances of the City of Denton In conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the r' t
r
ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall
remain in full force and effect.
7
r
SECTION S. That if any provision of this ordinance or &Mi, ication lhereof to any person
or circumstance is held invalid, such invalidity shall not affect the other provisions n
applications, and to this end the provisions of this ordinance are severable.
SECTION 6. Any person adjudged guilty of parking a vehlcla in violation of this
ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred
Dollars ($200.00).
SECTION 7. That this ordinance shall become affective fourteen (14) 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, the official newspaper of the
City of Denton. Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the _ day of 1999
JACK MILLER, MAYOR
ATTEST; '
JENNIFER WALTERS, CITY SECRETARY
BY: ,I
APPROVED AS TO LEGAL FORM. '
HERBERT L. PROUTY, CITY ATTORNEY
BY: r+~
~ I
1
i
PAGE 2
,vr.,o~ ro,.rixwnurxud a.war.. wo..~w, r
8
I
Ap~nle No..~7 -uv
s t
AGENDA INFORAIATIONSHEET n -s %7-
AGENDA AGENDA DATE: October 5, 1999
DEPARBIENT: Fire
I
CITY AIANAGER:Mike Jez, 349-9307
SUBJECT
Consider adoption of Ordinance and approval of an Interlocal Ambulance Agreement between the
City of Denton and the cities of Argyle, Corinth and Ponder.
BACKGROUND
The Interlocal Agreements for Ambulance Scrvice between the City of Denton and the cities of
Argyle, Corinth, Hickory Creek, Krum, Lake Dallas, Ponder, Sanger and Shady Shores began in
1930 and provide for the contindation of emergency medical sr, vices to the small cities within our
service area.
EST] MATED SCIIEDULE OF PROJECT (toot Applicable)
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Co,mcil has approved these agreements since 1980. The revisions being made to the 1999-20(10 +
agreements from last year ate:
Per capita chargo is increasing from S6.50lo 58,00
Y Populations will be based on the cslimated January 1, 1999, North Texas Council of
Government figure,
FISCAL INFORMATION
This will comprise approximately 10% of our total EMS Revenue for this fiscal year. No other
program or department is afTected, hoxever, without this agreement we would have to stop service
to the small cities.
BID INFORWIIATION (Not Applicabic)
11AP (Not Applicable) ~
Respectfully prepared & submitted, l
Ross Chadwick
Fire Chief
I
I
1
t
t 1,
ORDINANCE NO.
E
AN ORDINANCE APPROVING AN [NTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DFNTON AND THE CITY OF ARGYLE FOR AMBULANCE
SERVICES; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council of the City of Denton hereby approves an Interlocal
Agreement for Ambulance Service between the City of Denton and the City of Argyle, a copy of
which is attached hereto and incorporated by reference herein, and the Mayor, or in his absence
the Mayor Pro Tom, is hereby authorized to execute said Agreement on behalf of the City.
i
SECTION 2. That this ordinance shall become effective immediately upon its passage J
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 ATT NEY
i
I ,AY,J Jyi LOL QR GRYIMny ()aI Y'p "411 MM1Id Yul hl
F
I
1NTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF ARGYLE
Recitals
The City of Denton currently provides emergency medical services to the citizens of
Denton, The City of Argyle would like to contract with the City of Denton to receive emergency
medical services for its citizens. Pursuant to Chapter 774 of the Tex. Health and Safety Code
(Vemon 1992) and the Interiocal Cooperation Act, Tex, Gov't Code Ann. §791.001, el. seq.,
(Vernon 1994), a city may contract to provide emergency medical services to the county or another
city.
WHEREAS, both the City of Denton and the City of Argyle have the authority to perform k
the services set forth in this Agreement individually and in accordance with Tex. Gov't Code Ann.
§791.011 (c)(2), and
WHEREAS, the City of Argyle will make all payments for services out of available current
revenues and the City of Denton agrees that the payments made by the City of Argyle hereunder
will fairly compensate it for the services performed; NOW, THEREFORE,
WITNESSETH
Agreement
This Agreement is made on the _ day of 1999, between the City of Denton,
1 esas ("Denton"), and the City of Argyle ("Argyle').
The parties agree as follow s:
1. Definitions Emergency Medical Services or F..N1 S. means personnel and ground
transportation vehicles used to respond to an individual's pmceived need for immediate medical
care and to prevent death or aggravation of physiological or psychological illness or Nury.
2, Denton to Provide EMS to Argyle. Denton shall provida emergency medical
services to Argyle in response to requests for emergency medical services in accordance with this
Agreement. All requests for emergency medical services for persons residing in the corporate
limits of Argyle shall be communicated to Demon in the manner specified by Denton.
3. Discretion In Providing E.M.S. Argyle understands that Denlou must also
respond to requests for emergency medical services for persons in Denton and that Denton has '
other contracts to provid. amcrgency medical services to other entities. Denton shall have the sole
tight and discretion, v ithout being in breach of this Agreement and without liability to Argyle, to
determine:
(a) Whether or not to respond to a request for medical emergency service;
PAGE 1
L
I
1
I
I
I~
4
(b) Whether and when personnel or equipment are available to respond to a request
for emergency medical service;
(c) The order is which to respond to a request for emergency medical service; and
(d) The time in which to respond to a request for emergency medical service.
4. Senlce Pee. In consideration for providing emergency medical services to Argyle,
Argyle agrees to pay to Denton the sum of 517,200.00 for fiscal year 1999-2000 based on a
population of 2,150 multiplied by 58.00. The population figure used Is contained in the latest 4
edition of the North Central Texas Council of Governments estimate for January 1, 1999. The
annual payment shall be paid to Denton in equal quarterly payments on or before October 1,
January 1, April 1, and July 1. Denton may, after giving prior notice, suspend service to Argyle
during any period of time Argyle is delinquent in the payment of any undisputed service fee.
5. Patient Charges. In addition to the service fee paid by Argyle, Denton may charge and
collect from persons provided emergency medical services, the patient fees established by ordi-
nance of Denton.
6. Governmental Immunity Not Waived. Neither Denton nor Argyle waives, not shall
be deemed hereby to waive, any immunity or defense that would otherwise be available to it against
claims made or arising from any act or omission resulting from this Agreement.
7. Term, The tern of this Agreement shall be in one-year increments, beginning on
October 1, 1999 and continuing to September 30 of the following year and thereafter from year to
year until terminated in accordance with this Agreement.
8. Termination; Default. Either party may terminate this Agreement at any time without
cause by giving 90 days advance notice in writing to the other, specifying the date of termination.
If either -arty breaches a provision of this Agreement, the other party shall give the defaultns patty
written notice of the default. Should the defaulting party fail to correct the default within thirty
days of the date notice of default is sent, the other party may declare the Agreement terminated.
Argyle shall be liable to Denton pro rata for the payment of emergency medical services provided
up to the date of termination,
9. Notlees. All notices sent under this Agreement shall be mailed, postage prepaid, to the
respective addresses, as followsr
To Denton: To Argyle:
r
City Manager Mayor 4
City of Denton City of Argyle
215 E. McKinney P, 0. Box 1035
Denton, Texas 76201 Argyle, Texas 76226
10, Agreement Not for Benefit of Thtrd Parties. This Agreement is not intended and
shall not be construed to be for the benefit of any individual or create any duty on Denton to any
PAGE2
t
third party.
11. Assignment, Neither party shall assign this Agreement except upon the prior written
consent of the other.
12. Venue. Venue of any suit or cause of action under this Agreement shall lie exclusively
in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
EXECUTED on the day of .1999.
CITY OF DENTON, TEXAS
i
BY.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _
APPROVED AS TO LEGAL FORM:
I IERBERT L. PR0 Y,CITYATTORNEY
C
BY:
CITY OF ARGYLE
I
BY G~-rM►.E
YOR
ATTEST:
OF Aq~
' fo
4~~ R
.A Q7
r#..ravLa,o.p~~wtsepwnbamw,n.04►: (P
'bwrtrrw~''"
PAOEI
~ 1
L.
l
1
ORDINANCE NO.
i
AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR AMBULANCE
SERVICES; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council of the City of Denton hereby approves an Interlock]
Agreement for Ambulance Service between the City of Denton and the City of Corinth, a copy
of which is attached hereto and incorporated by reference herein, and the Mayor, or in his
absence the Mayor Pro Tem, is hereby a-ithorized to execute said Agreement on behalf of the
City.
SECTION 2. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of ,1994.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
A n
r'fr\
dnd 4V LOL'Nr b.~ olobmn ft OP~mDul~„evla olnd M
t ;
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF CORINTH
Recitals
The City of Denton currently provides emergency medical services to the citizens of
Denton, The City of Corinth would like to contract with the City of Denton to receive emergency
medical senices for its citizens. Pursuant to Chapter 774 of the Tex, Health and Safety Code
(Vemon 1992) a,td the lnterlocal Cooperation Act, Tex. Gov't Code Ann. 1791.001, et. seq,,
(Vernon 1994), a city may contract to provide emergency medical services to the county or another
city.
WHEREAS, both the City of Denton and the City of Corinth have the authority to perform
the services set forth in this Agreement individually and in accordance with Tex. Gov't Code Ann,
§791 A11 (c)(2); and
WHEREAS, the City of Corinth will make all payments for services out of available cumnt
revenues and the City of Denton agrees that the payments made by the City of Corinth hereunder
will fairly compensate it for the services performed; NOW, THEREFORE, I
WTTNESSETH
Agreement
This Agreement is made on the _ day of , 1999, between the City of Denton,
Tczas ("Denton'), and the City of Corinth ("Corinth").
The parties agree as follows:
1. Definitions. Emergency Afedical Services or E.St& means personnel and ground
transportation vehicles used to respond to an individual's perceived need for immediate medical
care and to prevent death or aggravation of physiological or psychological illness or injury.
2. Denton to Provide EMS to Corinth. Denton shall provide emergency medical
services to Corinth in response to requests for emergency medical services in accordance with this
Agreement. All requests for emergency medical services for persons residing in the corporate
limits of Corinth shall be communicated to Denton in the manner specified by Denton.
3. Discretion In providing E.M.S. Carinth understands that Denton must also
respond to requests for emergency n%Aicai services for persons in Denton and that Denton has
other contracts to provide emergency medical services to other entities, Denton shall have the sole
right and discretion, without being in breach of this Agreement and without liability to Corinth, to
dclemtine,
(a) Whether or not to respond to a request for medical emergency service;
PAGEI
i
t
1
I
t c;
i
(b) Whether and when personnel or equipment are available to respond to a request
for emergency medical senile;
(c) The order is which to respond to a request for emergency medical smite; and
(d) The time in which to respond to a request for emerge icy medical smite.
I
4. Senice Fee. In consideration for providing emergency medical services to Corinth, i
Corinth agrees to pay to Denton 573,200.00 for fiscal year 1999.2000 based on a population of
9,150 multiplied by S8.00. The population figure used is contained in the latest edition of the North
Central Texas Council of Governments estimate for January 1, 1999. The annual payment shall be
paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1,
of each annual term. Denton may, after giving prior notice, suspend service to Corinth during any
period of time Corinth is delinquent in the payment of any undisputed service, fee.
5. Patient Charges. In addition to the service fee paid by Corinth, Denton may charge and
collect from persons provided emergency medical services, the patient fees established by ordi•
nance of Denton.
6. Gowromental Immunity Not Waived. Neither Denton nor Corinth waives, not shall
be deemed hereby to waive, any immunity or defense that would otherwise be available to it against
claims made or arising Gom any act or omission resulting from this Agreement.
7. Term. The term of this Agreement shall be in one-year increments, l ,g{nning on
October 1, 1999 and continuing to September 30 of the following year and thereafter from year to
3 car until terminated in accordance with this Agreement.
8. Termination; Default. Either party may terminate this Agreement at any time without I
cause by giving 90 days advance notice in writing to the other, specifying the date of termination.
If either party breaches a provision of this Agreement, the other party shall give the defaulting party
written notice of the default, St ould the deraulting party fail to correct the default withln thirty
days of the date notice of default is sent, the other party may declare the Agreement terminated.
Corinth shall be liable to Denton pro rata for the payment of emergency medical services provided
up to the date of termination.
9. Notices, All noticca sent under this Agreement shall be mailed, postage prepaid, to she
respective addresses, as follows;
To Dcntom To Corinth;
i
City Manager Mayor Ak ,
City of Denton City of Corinth
215 E. McKinney 2003 S. Corinth Street
Denton, Texas 76201 Corinth, Texas 76205
10. Agreement Not for Benefit of Tbtrd Parties, This Agreement is not intended and
shall not be construed to be for the benefit of any individual or create any duty on Denton to any
PAGE 2
I
I
third party.
11, Assigamenl. Neither party shall assign this Agreement except upon the prior written
consent of the other,
i
12. Venue. Venue of any suit or cause of action under this Agreement shall lie exclusively
in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
EXECUTEDonthe day of
I
CITY OF DENTON, TEXAS
BY: _
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Bl': _ I
APPROVED AS TO LEGAL FORM:
HERBERT L. PROr.ITY, CITY ATTORNEY
G/
BY: /
~F• C~oA% CITY OF CORIM
y,
•titti
* 1 * BY
ti MAYO
ATTEST: r
BY:C~'~?j71GlJ ~ifdddL i` f . ~
SECRETARY
PAGE)
i`
ti
t,
ORDINANCE NO.
AN ORDINANCE APPROVING AN INTBRLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER FOR AMBULANCE
SERVICES; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENi'ON HEREBY ORDAINS:
SECTION 1. That the City Council of the City of Denton hereby approves an Interlocal
Agreement for Ambulance Service between the City of Denton and the City of Ponder, a copy of
which is attached hereto and incorporated by reference herein, and the Mayor, or In his absence
the Mayor Pro Tem, is hereby authorized to execute said Agreement on behalf of the City.
I
SECTION 2. That this ordinance shall become effective immediately upon its passage
and approval.
i
PASSED AND APPROVE:' 4ir the day of 11999.
I I
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
'I
C%
BY:
i
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
h _
BY:,
d L01 Cu Qvwmw Ordlnw,w ~rMw1 wrngpw,dw d.~ % {
i
I
t
I'
i
l
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
B£TIVEEN THE CITY OF DENTON AND
THE CITY OF PONDER
Recitals
The City of Denton currently provides emergency medical services to the citizens of
Denton. The City of Ponder would like to contract with the City of Denton to receive emergency
medical services for its citizens, Pursuant to Chapter 774 of the Tex. Health and Safety Code
(Vernon 1992) and the Interlocal Cooperation Act, Tex. Gov't Code Ann. 4791.001, et seq.,
(Vernon 1994), a city may contract to provide emergency medical services to the county or another
city,
WHEREAS, both the City of Denton and the City of Ponder have the authority to perform
the services set forth in this Agreement individually and in accordance with Tex. Gov't Code Ann,
1791.011 (cX2); and
WHEREAS, the City of Ponder will make all payments for services out of available current
revenues and the City of Denton agrees that the payments made by the City of Ponder hereunder
will fairly compensate it for the services performed; NOW, THEREFORE,
I
WITNESSETH
Agreement
This Agreement is made on the y, Lay of , 1999, between the City of Denton.
Texas ("Denton'7, and the City of Ponder ("Ponder'),
The parties agree as follows:
t. Definitions, Emergency Medical Services or E.M.S. means personnel and ground
transportation vehicles used to respond to an individual's perceived need for immediate medical
care and to prevent death or aggravation of physiological or psychological illness or injury.
2. Denton to Provide EMS to Ponder. Denton shall provide emergency medical
services to Ponder in response to requests for emergency medical servim in accordance with this
Agreement, All requests for emergency medical cervices for persons residing in the corporate
limits of Ponder shall be communicated to Denton in the manner specified by Denton.
3. Discretion In Providing E.M.S Ponder understands that Denton must also
respond to requests for emergency medical service 'or persons In Denton and that Denton has r !
other contracts to provide cmwgency medical scrvioh to other entities, Denton shall have the sole
right and discretion, without being in breach of this Agreement and without I'sbility to Ponder, to
determine:
(a) Whether or not to respond to a request for medical emergency service;
PAGE 1
_ i
i
4
I
(b) Whether and when personnel or equipment are available to respond to a request
for emergency medical service;
(c) The order is which to respond to a request for emergency medical service; and
(d) The time in which to respond to a request for emergency medical service.
4. Service Fee. In consideration for providing emergency medical services to Ponder,
Fonder agrees to pay to Denton the sum of 53,936 for fiscal year 1999-2000 based on a population
of 492 mckptied by $8.00. The population figure used is based on a 6.631: increase for Denton
County contained in the latest edition of the North Centel Texas Council of Governments estimate
for January 1, 1999. The annual payment shall be paid to Denton in equal quarterly payments on or
before Octob,x 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving
prior notice, suspend service to Ponder during any period of time Ponder is delinquent in the
payment of my undisputed service fee.
S. Patient Charges. In addition to the service fee paid by Ponder, Denton may charge and
collect from persons provided emergency medical services, the patient fees established by ordi•
nance of Denton.
6. Governmental Immunity Not Waived. Neither Denton nor Ponder waives, nor shall
be deemed hereby to waive, any immunity or dcfense that would otherwise be available to it against
claims made or arising from any act or omission resulting from this Agreement.
7. Term. The term of this Agreement shall be in one-year increments, beginning on
October 1, 1999 and continuing to September 30 of Ore following year and thereafter from year to
year until terminated in accordance with this Agreement.
8. Termlostion; Default. Either party may ter,ninate this Agreement at any time without
cause by giving 90 days advance notice in writing to the other, specifying the date of termination.
If either party breaches a provision of this Agreement, the other party shall give the defaulting party
written notice of the default. Should the defaulting party fail to correct the default within thirty
days of the date notice of default is sent, the other party may declare the Agreement terminated.
Ponder shall be liable to Denton pro rata for the payment of emergency medical services provided
up to the date of termination.
9. Notices. All notices sent under this Agreement shall be mailed, postage ptepald, to the
respective addresses, as follows:
r
To Denton: To Ponder: r 4
City Manager Mayor
City of Denton City of Ponder
215 E, McKinney P.O. Box 297
Denton, Texas 76201 Ponder, Texas 76259
10. Agreement Not for Benefit o! Third Parties, This Agreement is not intended and
PA6E2
G
I
1
f
,
shall not be construed to be for the benefit of any individual or create any duty on Denton to any
third party.
11. Assignment. Neither party shall assign this Agreement except upon the prior written
consent of the other. i
I
12. Venue. Venue of any suit or cause of action under this Agreement shall lie exclusively j
in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
EXECUTED on the day of 11999.
CITY OF DENTON, TEXAS
BY:
JACK MILLER. MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: C:
CITY OF PONDER
BY:
OR
ATTEST: h
8Y. '
SECRETARY
s M..e.airn u. o.M..ra+..w. rw a.« Poo &
rE1fA41
1
PAGEI
AObndeNo.~ "
ApeAda 1t6rt1.._ _ 4
AGENDA INFORM I-ION SHEET (We_ 1Q S
AGENDA DATE: October 5, 1999
DEPARTMENT: Engineering & Transportation
CIUDCSVACII: Rick Svebla, Deputy City Manager QS
I
SUBJECT:
CONSIDER AN ORDINANCE APPROVING A REAP. ESTATE CONTRACT {
BETWEEN THE CITY OF DENTON AND LEE ROY NI[TCIIELL AND J.C. 11
Ml WIIELI„ RELATING TO THE PURCHASE OF 0.644 ACRES OF LAND FOR THE
EXPANSION OF U. S. HIGHIVAV 77 (PARCEL 12); AUTHORIZING THE
EXPENDITURE OF FUNDS TIIEREFOR; AND PROVIDING AN EFFECTIVE DATE.
BA('KGROIiND: f
Lee Roy and J.C. Nlilcbcll have executed a Real Estate Contract for the required right-of-
Nay for the U. S. Ilighwmy 77 Widenhig Project. The contract amount of $11,052.00 Is
based on the fair market value for the land and improvements as determined by an `
independent appraiser and reviewed by a separate appraiser for conformity sad as
required by the Texas Department of Transportation (TxDOT). The Appraiser and
Review Appraiser s.rvices were approved by the City Council in 1997 (Professional
Scnices Contracts).
OPIIONS:
Not Applicable
i
RE('OSf\IENDATION:
Staff recommends approval of the real estate contract belween the City of Denton and Lee
Roy mod.LC. Mitchell for the purchase of 0.664 acres of land (or widening U.S. Hwy. 77.
PRIOR AC TIONlREVILW (Council. Boards. Commissions :
he Planning & Zoning ('am miss$,jn recommended approval on July 23,1997.
FISCAL INFORMA1ION:
i
I he r archase price Is S11,652.00 plus closing costs of approximately SS00.00.
MAP:
,Utaehed
1
cF
Respectfully submitted:
Jer C ark, irector
Prepared by: Fng ring Transportation
Paul Williamson
Right-of-Way Agent
d
f
2
1
I
V '
s
I
N
MO SCALE
SIT!
r~•
~f LL!. W h.q iws 111
r~
JJJ~~~~~f 1
w
1
A
r ~
i
7!
i
Y ~
~ d
i
w
LOCATION MAP
3
F
A
I
t12 !
BRIAN P. CATALANO, TRUSTEE
VOL. PG.
F28050 S.F, OR 0.644 AC,
REM. - 22.568 AC.
I
f
0 4 I
r
Rfhty AND
SITE MAP
1
Planning sad Zoning minutes
July 23, 1997
Page 2
IM;. Scbertt: Are there Spy other nomljWons? If there am none, nominations ve dosed.
We will vote on the nominees is he order of theft nomination. I will fin their name and
rhea
are after I eat through If you will raise your right hand if you are in friar . As many as
In favor of Jim Bnyelbrecht please raise your right hand. (Vote - 3 .
as
in favor many are
of Ellen Sche tt please raise our
by majority L Ellen Scheitz. your right hand. (Vote - 4) The new Chair person
Thank you.
For the second nominee we will be elt,,Wq Vioe.Chafr person. The floor Is open
Ms. Apple: I would lice to nominate :Bob Powell.
Ms. Schertz: Are there any further nomtn tiom?
Mr. Moreno: I would nominate Jim F..agelbreebt.
Ms. Schertz: Are them any further nominatoou s? Seeing none, nominations are dosed.
As many as am In favor of Bob Powell, please raise your right hand. (Vote - 4) Seeing
them is a atijority, tie tkw Vice-Chair person will be Bob Powell. Congratulations.
III. Consider approval of the minutes of the July 9, 1997 meeting.
Ms. Schertz: Are them any corrections? Seeing none, the minutes will stao' approved
as written.
W. Consider making recommendation to the City Council for the acquisition of the Right-of- k
Way for U.S. 377 from F.M. 2164 to 1.35.
Mr. Powell: That's sot 377 but Is 77. j
Ms. Schertr: You are correct. Let the minutes reflect that.
Mr. Powell: would move that we recommend to the City Council the a-
1 ght--bf•Way for US 77 from FM 2164 to I.35. 9~itfoa of
Ms. Gazer; Second.
Ms. Sche : Is them Any dhct lion? All In favor, please raise your right hand. Motion
~us4' (-0)
V. Consider maak~es tecommettt doa to the City Council for the acquisition of the Right-of.
Woy for I et Boulevard.
M:. Powell: I move 10 we make recommatdadon to the City Council for the acquisition
Of the Right-of-Way for Latevkw Boulevard.
.Mr. E.tlbtecbh: Second.
5
c
I
tO. Lr~r~O:Yr~Ml6ld Ny.NHY i
4
ORDINANCE NO,
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND LEE ROY MITCHELL AND J.C. MITCHELL, RELATING TO THE
PURCHASE OF 0.644 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77
(PARCEL 12); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION L That the City Manager is hereby authorized to execute a Real Estate
Contract between the City and Lee Roy Mitchell and J.C. Mitchell, in substantially the forth of
the Real Estate Contract which is attached to and made a part of this ordinance for all purposes,
for the purchase of 0.644 acres of land for the expansion of U. S. Highway 77 (Parcel 12).
SECTION 2. That the City Manager is authorized to make the expenditures as set Forth
in the attached Real Estate Contract.
SECTION 3. Thai this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the dayof .1999.
JACK MILLER, MAYOR
ATTEST:
JEWN FER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
i
i
BY: 4.~ " C
6
c
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
i
THIS CONTRACT OF SALE is made by and between Lee Roy
Mitchell and J.C. Mitchell (hereinafter referred to as "Seller")
and CITY OF DENTON, TEXAS, a home rule municipality, of Denton,
Denton County, Texas, (hereinafter referred to as "Purchaser"),
upon the terms and conditions set forth herein.
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser
hereby purchases and agrees to pay for all that certain tract,
lot or parcel of land described in Exhibit "A" attached with all
rights and appurtenances pertaining to the said property,
including any r,lght, title and interest of Seller in and to
adjacent streete, alleys or rights-of-way (all of such real
property, 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 i d subject to the terms,
provisions, and conditions hereinafter eat forth. Seller shall
pay all cost for the removal, installation, construction,
reinstallation, reconstruction, labor and materials for any
and/or improvements located within the property described in
Exhibit "A". Any improvements not removed by January 1, 2000
shall become property of the City of Denton, Texas.
Pmcaksd PRICE
1. Amount of Purchase Price. The purchase price for the
Property shall be the sum of $11 052.00.
2. Payment of Purchase Price. The full amount of the
P =cha,3 Price shall be payable in cash at the closing.
PURCHASER'S OBLIGATIONS
I
The obligations of Purchaser hereunder to consummate the
transactions contemplated hereby are subject to the satisfaction A
of each of the following conditions any of which may be waived
in whole or in part by Purchaser at or prior to she closing.
I
7
. c
1
I
!
1
1. Preliminaty Title Report. Within twenty (20) days after
the date hereof, Seller, at Purchaser's sole cost and expense,
shall have caused the Title Company (hereinafter defined) to
issue a owners policy commitment (the "Commitment") accompani.ad
by copies of all recorded documents relating to easements,
rights-of-way, etc., affecting the Property. Purchaser shall
give Seller written notice or. or before the expiration of ten
(10) days after Purchaser receives the Commitment that the
condition a&' title as cot forth in the Commitment is or is not I
satisfactory. In the event Purchaser etates the condition of I
title is not satisfactory, Seller shall, at Sellers option,
promptly undertake to eliminate or modify all unacceptable i
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 If
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.
t
2. Survey. Purchaser r:y, at Purchaser's sole cost and
expense, obtain a current survey of tb2 Property, prepared by a
duly licensed Texas land surveyor acceptable to Purchaser. The
survey shall be staked on th-i ground, and shall show the
location of all improvements, highways, streets, roads,
railroads, rivers, creeks, or other water courses, fences,
easements, and rights-of-way on or adjacent to the Property, if
any, and shall contain the surveyor's certification that there
are no encroachments on the Property and shall set forth the
number of total acres comprising the Property, together with a
metes and bounds description thereof.
Purchaser will have ten (10) days after receipt of the
survey to review and approve the survey. In the event the
survey is unacceptable, then Purchaser shall within the ten (10)
1 day period, give Seller written notice of this fact. Seller
shall, at Seller's option, proar+tly undertake to eliminate or
modify the unacceptable portions of the survey to the reasonable
satisfaction of Purchaser. In the event Seller is unable to do
so within ten (10) days after receipt of written notice,
Purchaser may terminate this Agreement, and the Agreement shall
thereupon be null and void for all purposes and the Escrow
Deposit shall be returned by the Title Company to Purchaser.
Purchaser's failure to give Seller this written notice shall be
do<xmed to be Purchaser's acceptance of the survey. a.
2
AE F,rip?FF.
8
1rtlllYlYrllr•aa~
I
i
I
3. Seller's Compliance. Seller shall have performed, ob-
served, and complied with all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing.
REPRESENTATIONS 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. Thera 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 Seller is any
such proceeding or assessment contemplated by any governmental
authority.
3. Seller has complied with all applicable laws,
ordinances, regulations, statutes, rules and restrictions 1111
relating to the Property, or any part thereof.
4. To the best of the seller's knowledge, there are no {
toxic or hazardous wastes or materials on or within the
Property. Such toxic or hazardous wastes or materials include,
but are not limited to, hazardous materials or wastes as same
are defined by the Resource Conservation and Recovery Act
(RCRA), as amended, and the Comprehensive Environmental Response
Compensation and Liability Act (CERCLA), as amended.
CLOSING
The closing shall be held at the office of Dentax Title
Comp.ny on or before September 30, 1999, or at such title
company, time, date, and place as Seller and Purchaser may
mutually agree upon (which date is herein referred to as the
"closing date").
i
3
AF,F008FE
9 i
I
I
CLOSING REQUIRECHTS
1. Seller's Requirements. At the closing Seller shall:
A. Deliver to State of Texas, acting by and through the
Texas Transportation Commission a duly executed and
acknowledged Deed in the form as attached hereto as
Exhibit "E" conveying good and marketable title in fee
simple to all of the Property, free and clear of any and
all liens, encumbrances, conditional easements, asses-
sments, 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
pursuant to Purchaser's Obligations
hereof; and
3. Any exceptions approved by Purchaser
in writing.
S. Deliver to Purchaser a Texas Owner's Policy of Title
Insurance at Purchaser's sole expense, issued by Dentex
Title Company, Denton, Texas, (tha "Title Company"), or
such title company as Seller and Purchaser may mutually +
agree upon, in Purchaser's favor in the full amount of
the purchase price, insuring fee simple title for the
State of Texas to the Property subject only to those '
title exceptions listed in Clos_'ng Requirements hereof,
such other exceptions as may be approved in writing by
Purchaser, and the standard printed exceptions conta...ed
in the usual form of Texas Owner's Policy 4)f 'title
Insurance, provided however:
1. The boundary and survey exceptions
shall be deleted if required by
Purchaser and if so required, the costs
associated with same shall be borne by
Purchaser;
2. The exception as to restrictive
covenants shall be endorsed "bone of 4
Record"; ( 1 \
' I
4
AF.EOOE E'E
10
I
1
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 "None of Record".
i
C. Deliver to Purchaser possession of the Property on
the day of closing.
2. Purchaser's Requirements. Purchaser shall pay the
consideration as referenced in the "Purchase Price" section of
this contract at Closing in immediately available ,funds.
3. Closing Costs. Seiler shall pay all tax-ss assessed by
any tax collection authority through the date of Closing.
All other costs and expenses of closing in consummating the
sale and purchase of the Property not specifically allocated
herwin shall be paid by Purchaser.
REAL ESTATE COMMISSION
All obligations of the Seller and Purchaser for payment of
brokers' fees are contained in separate written agreements.
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform
any of its obligations hereunder or shall fail to consummate the
sale of the Property except Purchaser's default, Purchaser may
either enforce specific performance of this Agreement or
terminate this Agreement by written notice delivered to seller.
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the
purchase of the Property, the conditions to Purchaser's
obligations set fcr':h in PURCHASER'S OBLIGATIONS having been
satisfied and Purchaser being in default Seller may either
enforce specific performance of this Agreement, or terminate A
this Agreement by written notice delivered to purchaser.
S
AEUp99FF
11
NUNN
MISCELLANEOUS
1. AasiQnment of Agreement. This Agreement may not to
assigned by Purchaser without the express written consent of
Seller.
2. Survival of Covenants. Any of the representations, wai-
rantie.s, covenants, and agreements of the parties, as well as
any rights and benefits of the parties, perteining 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 i
States mail, postage prepaid, certified mail, return receipt
requested, addressed to Seller or purchaser, as the case may be,
at the address set forth beneath the signature of the party.
4. Texas Law, to Apply. This Agreement shall be construed
under and in accordance with the laws of the State of Texas, and
all obligation` of tho parties created hereunder are performable
in Denton County, Texas.
5. 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 Construction. In case any one or more of the pro-
visions contained in this Agreement shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, said
invalidity, illeg-ility, or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as
if the invalid, illegal, or unenforceable provision had never
been contained herein.
7. Prior Agreements Superseded. This Agreement constitutes
the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the
parties respecting the within subject matter.
8. Time of Essence. Time is of the essence in this
Agreement. A
'r
I
6
AEE00?EP:
12
I
L
I!{I
9. Gander. Words of any gender used in this Agreement
shall be hold and construed to inolude any other gender, and
word.,, in the singular number shall be held to include the
plural, and vice versa, unless the context requires otherwise.
i
10. Memorandum of Contract. Upon request of either party,
both parties nliall promptly execute a memorandum of this
Agreement suitable for filing of record.
11. Compliance. In accordance with the requirements of the
Texas Real Estate License Act, Purchaser is hereby advised that
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 Limit. In the event a fully executed copy of this
Agreement has not been returned to Purchaser within ten (10)
days after Purchaser executes this Agreement and delivers same
to Seller, Purchaser shall have the right to terminate this
Agreement upon written notice to Seller.
DATED this _ day of 5e7 rm,3on- , 1999:
SELLER PURCHASER
THE CITY OF DENTON, TEXAS
BY:a ~L~ BY: '
Lees 0y Mitchell Michael W. Jos
City Mana£er
BY 215 E. McKinney
C. Mitchell Denton, Texas 75201
' ! fr\ C
7
AEEOOBFE
13
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this day
of , 1999 by Michael W. Jes, City Manager,
of the City of Denton, a municipal corporation, known to me to
be the person and officer whose no" is subscribed to the
foregoing instrument and acknowledged to me that the same was
the act of the said City of Denton, Texas, a municipal
corporation, that he was duly authorized to perform the same by
appropriate ordinance of the City Council of the City of Denton
and that he executed the same as the act of the said City for
purposes and consideration therein expressed, and in the
capacity therein stated.
Notary Public in and for i
the State of Texas
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this ~CTf day
of 1999 by Lee Roy Mitchell .
Pr' ti AOL *ALDT14 rl
k1a')P
CUoue,suuoiTn No a olio in and for
kyCom~ussmnf~panpA;. State of Texas
'4t
STATE OF TEXAS
COUNTY OF DENTON {
This inst mei:t is acknowledged before me, on this day
of 1999 by J. C. Mitchell.
ta
Notary Public in and for
ttp~'•••~st~ CARa wuDMAN the State of Texas
i.;• NotaryP&ICSUUof TM
m) Commission torn M-0740
B
A}:EnCPF'E
14
_ 1
r
~ I
EXHIBIT 'A'
County p i3 Pape 1 of 1
Highway U.S. 77
Project Limits: From Rev, June 30, 1894
To U.S.380
CSJ: 0195-02•
Account:
FIELD NOTES FOR PARCEL ~j
BEING A PARCEL OF LAND SITUATED IN A CALLED 23.2112-ACRE TRACT CONVEYED TO BRIAN P. CATALANO,
TRUSTEE, RECORDED IN VOLUME 2219, PAGE 645, DEED RECORDS OF DENTON COUNTY, TEXAS IDRDCTL
AND BEING SITUATED IN THE J.S. COLLARD SURVEY, ABSTRACT NO. 297, CITY OF DENTON, DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING for reference at a found 6/9-inch iron rod in the west line of said Catalano tract, same being an
angle point in the east Gn• of a called 39.381-aces tract of land conveyed to Elactronk Dots Systems Corporation
Retirement Plan and Trust IEDSI, recorded in Volume 1881, Page 887, DADCT;
THENCE N 13e 50' 35' E, along a Ins common to said Catalano tract and acid EDS tract, a distance of
688.13 feel to a set 5/8-inch Iron rod with on alundnum cap for the POINT OF BEGINNING, also being a transition
point in the existing south right of way Ene of U.S. 77, aama being the northeast comer of said EDS tract;
Of THENCE N 134 50' 35' E, with the existing south right of way One of U.S. 77, and the west Fate
of said Catalano tmM a dtstonco of 32.77 feet to a found 1f2-kwh Iron rod for the northwest
corner of sold Catalano tract; !
121 THENCE S 58' 10' 22' E. along the north line of said Catalano tract and the aidsting south right
of way Ina of U.S. 77, a distance of 900.36 feet to a found 6/8-inch iron rod, being the nortthsast
tuner of said Catalano tract, and the northwest corner of a 14.198-acre tract conveyed to Cod
Joint Venture (Cod J.V.1, recorded in Volume 1688, Page 9, DRDCT;
131 THENCE S 000 39' 12' W, along a One common to sold Catalano tract and said Cod J.V. tract,
a distance of 58,05 feet to a set PK nag with shine in the new south right of way fine of U. S. 77;
141 THENCE N 586 11'360 W, with the new south fight of way fins of U.S. 77, a distance of 908.90
feet to the POINT OF BEGINNING, and containing 0.644 acre, of 28,050 square feet of land, more
or less.
-_1 QN£blrFy
ti, Ce
John F. Wilder, R.P.L.S. JOHN F. WILDER , Dst• i
Texas No. 4285 •,,.6,119 .669.6.6 ~14,
4285 ~
1 5 esis.m v
r
r
4
G
A
I~
i ~
Tex" Derwam t of Tneqwafim mill? `a"
lama D•l!•14
hp l de 1 Rev. 0&1
"S
DEED
THE STATB OF TEXAS
COUNTY OF =WOW ALL MEN BY LEESB PRESENTS:
of the County of L . State ad7esas, bare after ref rr d to as Ono= whether
ate or mono, for and In 100 1 the amt of
in hand paid by tine Stote D<Tease Dollars I ) to Ommors
which is here , ~g by and ~tou~ the Tau 7'nospmtadon Convak toe, ret of
by scimawledled, and for which no lien & cc-,bid , aMer eap+oated or tmpdied, haveale this
day Sold and by these pia do GMt4, Bargtdn. Salk and Convey moo the Stave of Tertu ap tha certain
trot or parcel of land la Cmq, Tau, more prAculady dualbed In Ex.
h ibit "A," which Is attached hereto and incetpoated arty and all porpoaa.
SAVE and EXCEPT, HOWEVER9 -
tide to the following improvements hoc edd ~y anderstoW and In"MExhn, A, to wk g
G
rantor covenant and agree to ttmtove the improvements Barn old land by the
da of
by dte S ma In writing; and far , subjem bost+eves 0e sm h mores slons of time a tray be grantad
lat any my r er ~ ' Mrs of tellw to remove ante whhin acidperiod of
time prescribed, rhea, id
pact such fmproventasts
not so removed dull pass to rod vest in the~State of 7bx hem to n dl or soy of
Grantors reserve all of the oil, Sm and snlpirut in and tmdcr the laed hter+ehsl a ^"tam but waive alt dghts
of sad egrtes to the striate dteteof for the~pnrpose of eaplodng, devil .p , mWq or ddi]inQ for
ante;ingrt ss however, nothing in tdis reservation shall a:>lstx do d& sod rights of the S to taloe trod too aII
other minerals and materials tbereoa, Rain and dsaander.
• 4
16 ~
i
I
Ions Departmcw otTn Venuioo
Form D. u.1/
Pap 2 of 3 Rev. 9/9t
TO HAVE AND TO
HOLD lb* premises herein descnlw aed herein caoveyed together with sII and
singular the silts red
forever, and rants n s~ bind Omlerew selvw, poor hein tud in cxmlot ssatlmthe S of Tau ieistrators, and in aui
s bm
igns to Weuarst and Forever Wind &U and amgWu the Jayap herein t oav~ meson and as.
Teals and its assigns againsteverypm - oem Iawfa 'yed unto the state of
M whom
thereof hy-4-A"".sh ".4 ,J,~.,t~r~
6rYticr pY~^w "r`,catoclaimtheJasnt:oranypi;
IN WI77YWS WHEREOF' this meat is executed on this the
day of
♦►r►r►►►•►•►«r►•r►•rp►rr«rer•r►a►r►►r►►r►►►««r►re,.r«irrr►rsr«r«r►►rrarwrr►•
THE STATE OF TEXAS, ACKNOWLEDGMENT
COUNTY OF
BEFORE MB, tie tmderrlSoed. a Notary PubLiA oa tyy day personally appeased !
to roe on the oath of , kaowo to me (or proved
tsarrte(r) L (am) sobsaibsaf to she fomgoloP insmmtmt and a credible witnetr,) to be she pezoo(r) whose
WrPos and sxnsic1cmdon therein a achoowlodpd to me that hyaherlhay etemed the ume for she
I
O1VEN UNDER MY HAND AND SEAL, OF OFFICB, thin day of
Notary MOOG. Star of Tatar
My Commirom $VON m dw day
aa♦rrr♦r►rrr«•rrr«rarrrarrrrerrar►s«rrrrNr►ire«r►rarrrrrrrrr►r►r«•«r^r~rrrrrrr.
THE STATE OF TEXAS, CORPORATE ACKNOWLEDGMENT
COUNTY OF I
BEFORE M8, the undeMped, ANoury Pob@c, rm thin day penoWy appeared
ale to be she persssp and omtxi wIm tome it
wu the act of the "W mbscdbed to do fteioinS jam meat and Sd=wWpd to me > m & aame
duty wshorind loperform the same by appropewa eaoludoa of the hood dBretton of strsft opond 0o4 that
ewcuted the tame u the so of god corpsradm for the emporad e #a wu twit.
therefa aased, parPoaaa and oomEderadaa thereia ettpretsed, and In d a gpagy
O1VEN UNDER MY HAND AND SEIL OF OFFI($ d"
Qty of .
,19.. t.
Vf y Pubne JNa of Tear
My Coasmittloa expires oo the day of
17
c
No J at 3 1t... Wei
After recording pkm tetum tots lastrmtetit tot
i
y ~ ~ yy
1' O ~ 1
ell1
CrLRr KATE OF RECORDING
THE STATE OF TEXAS,
COUNTY OF
18
c
AO~d1 No._~
Apenda Poem . _
WENDA INFORMATION SHEET
AGENDA DATE: October 5,1994
0EPAR1,NIENT: Engineering& Transportation
CINM'h1/ACM: Rick Svehla, Deputy City Manager 1-~
SUBJECT;
CONSIDER AN ORDINAN0. APPROVING A REAL ESTATE CONVEYANCE
BEIWEEN TIIE CRY OF DENTON AND STATE OF TEXAS, RELAIING TO 0.127
ACRES OF L%ND FOR THE EXPA%!,3N OF 11. S. HIGHWAY 77 (PARCEL 26);
AUTIIORI7.ING TIIE EXECUTION OF THE DEED; AND PROVIDING AN
F.FFECI WE DATE.
BACKGROUND:
Parcel 26 of the U.S. 77 Widening and Right of Way Acquisition Project is a portion of is
tract that Has acquired in 1999 by the City for the U.S. 77 Widening and Right of Way
Acquisition Project. 'The entire triangle tract was acquired to create a cul-de-sac al the end
of Riney Road and eliminated the connection with U. S. 77 at tads point. The existing
intersection or Riney Road with U.S. 77 is st an angle thol does not meet the current design
requirements.
OPTIONS:
Not Applicable
RECOMMENDA I ION:
Staff recommends approval of the real estate conveyance between the City of Denton and
the State of] exas of 0.127 acres of land for widening U.S. Ilwy. 77.
PRIOR ACI IONIRFA IEW (Council, Board% Commissions):
the Planning & Zoning Commission recommended approval on July 23,1997.
i
FISCAL INFORMAI ION:
i
f 'The closing costs of approximately 5500.00.
J 4 t.
n r_:
~A r t ,
AUa ehed
1
c
Respect.*ully submitted:
i
Jtr C rk, Dir etor
Prepared by: Eng`a ring&Transportation
peutul ~
Paul Williamson
Right-of-Way Agent
I
f
I
I
I
i
f
t ~
r
NO SCALE
Ion*~,
ti 1.
Jll~e~ ln+ Lq i
Y
J r
i
SITE
t
sr ~ i
I
8
v r
•
i `
i I
i
I
LOCATION V"
f
s `
r 1
c
1
'F
I
it
S' ~+nwo Urn
all
~"`;~',",`Td'; .~~.5:• •M.\..,r~•i;'+1r!; s«tr~is;''','••'''~ •.11b•f / I
•
We rnas s.05~ c
~~'g0~w (TRACT 2) h ~J
t of M
\ ~ Z
rw urn
•
4'261
II
..5544 S.F., OR 0,127 AC,
/ o
SITE MAP
4
4
1
Planning and Zoning Minutes
July 23, 1997
Page 2
Ms. Schertz: Are there lay other nominations? If there are now, nominadons an closed.
We will vote on the nominees In the order of their numiaation. I will list their name and
then after I am through if you will raise your right hand if you are In favor. As many as
are in favor of Jim Eagelbrecbt please raise your right had. (Vote - 3) As many as are
in favor of Ellen Schertz please raise your right hand. (Vote - 4) The new Chair person
by majority Is Ellen Schertz. Thank you. `
For the second nominee we will be electing Vke-Chair person. Tire floor is open.
Ms. Apple: I would like to nominate Bob Powell.
Ms. Schertz: Are there any further nominations?
Mr. Moreno: I would nominate Jim Engelbrecht.
Ms. Schertz: Are there any further nominations? Seeing none, nominations are closed.
As many as are In favor of Bob Powell, please raise your right hand. Note - 4) Seeing
there is a majority, the new Vice-Chair person will be Bob Powell. Congratulations.
M. Consider approval of the minutes of the July 9, 1997 meeting.
Ms. Scheru: Are there any corrections? Seeing none, the minutes will stand approved
as written.
IV. Consider ra,4tng recommendation to the City %:ouncO for the acquisition of the Right-of-
Way for U.S. 377 from P.M. 2164 to 1.35.
Mr. Powell: That's not 377 but Is 77.
Ms. Schertz: You are correct. Let the minutes reflect that.
Mr. Powell: i would move that we recommend to the City Council the acquisition of
Right-of-Way for US 77 from FM 2164 to 1.35.
Ms. Gamer Second.
Ms. Schertz: Is there any uiscussIon? AS In favor, please nice your right haal. Motion
passes, (7-0)
V. Cousider making recommendation to the City Council for the acquisition of the Right-of- j
Way for Lakeview Boulevard. e
Mr. Powell: I move that we make recommendation to the City Council for the acquisition
f the Right-of-Way for Lakeview Boulevard.
M. Sagelbmht: Second.
5 ~
l
1
II
ICI
~I
' I
ORDINANCE NO, AN ORDINANCE APPROVING A REAL ESTATE CONVEYANCE BETWEEN THE CITY 11
OF DENTON AND STATE OF TEXAS, RELATING TO 0.127 ACRES OF LAND FOR THE
EXPANSION OF U. S. HIGHWAY 77 (PARCEL 26) AND AUTHORIZING THE i {I
EXECUTION OF THE DEED; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution SMI the City of Denton agreed to acquire and to
provide all costs of the right of way for the widening of U.S. Highway 77, for the State of Texas,
and having purchased 0.127 rcres of land (pared 26) as right of way and needing to convey such
right of way to the State of Texas; and
I
WHEREAS, that the proc.~ss for determining the fair market value of the right of way I
ebove, as applicable, pttrsttant to Section 372.001 of the Texas Local Government Code tclating
to the conveyance of property to a governmental entity that has the power of eminent domain,
shall be followed in effectuating this conveyance; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
JECTIQN 1. That the City Manager is hereby authorized to execute a deed between the
City and the State of Texas, acting by and through the Texas Transportation Commission, In
substant;ally the form of the deed which i:j attached hereto and made of part of this ordinance for
all purposes, for the conveyance of 0.127 acres of land for the expansion of U. S. Highway 77
(Parcel 26) which is more particularly describe in Exhibit "A" and is incorporaWe erein by
refe.-ence and made a part of the ordinance for all purposes.
SECTION 2. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the _ day of .1999.
JACK MILLER, MAYOR i
1 {
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBEERTf L. PRO~UTTi, CITY ATTORNEY i
BY: ' f~1
6 ~
F
1
l c,
Texas De"ert ~(Transporudoa
Form D-ts•14
Faye t of s Rev. 9/91 }
DEED
s
THE STATE OF TEXAS
COUNTY OF nENTnN KNOW ALL MEN BY THESE PRESENTS:
That,the City of_Dentons a Texas MuniciDal erDOratien
of the County of ,pr Zton , State of Texas, hereinafter referred to u Grantors, whether
one or more, for and in eo ulderation ofihe sum of ONO DQ11ar and Not cants
Dollars (S_1- on
) to Grantors
in hand paid by the State of Texas, acting by and through the Texas Transportation Commission, revelpt of
which is hereby acknowledged, and for which no lien is retained, either expressed or Implied, have this
day Sold and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain
tract or parcel of land in Denton County, Texas, mono particularly dese..fbed In Ex-
hibit "A," which is attached hereto and Incorporated herein for any and all purposes.
SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining
tide to the following Improvements located on the property described In said Exhibit "A," to wit:
NIA Grantors covenant and agree to remove the above-described improvements hom said land by the
day of . N/A ,19_ , subject, however, to such extensions of titres as may be granted
by the State in writing; and If, for any reason, Grantors fail or refuse to remove same within said period of
time prescribed, then, without any further consideration, the tide to all or any part of such Improvements
not an removed shall pass to end vest in J)e State of Texas fomver,
Grantors reserve all of the oil, gas and sulphur In and under the land herein conveyed but waive all rights
of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for
same; however, nothing in this reservation shall affect the title and rights of the State to take and ueAyll
other minerals and materials thereon, therein and thereunder.
i
i
c
Tsui fxparonent of Traeapwwioa
Porm D•1!•14
Psae 3 o(3 Rev. 9191
• i
TO HAVE AND TO HOLD the prernises heroin described and herein conveyed together with all and
singular the rights and appurtenances thereto in any wise belonging unto the State of Texu and Its assigns
forever; And Branton dobereby bind ourselves, our heirs, executors, admInlstrators, successors and as-
signs to Warr ant and Forever Defend all and singular the said prerrilses herein conveyed unto the State of
Texas and its assigns Against every person whomsoever lawfully chinning or to claim tlai tame or any pan
thereof, by, through or under, bit not otherwise.
IN WITNESS WHEREOF, this instrument is executed on thi the day of
CITY OF DF.NTAN_r TRYac
RYr
f1l1!!!1l rlNrlfl►►frl►l►fUf/►Hre►►rrrfr/►►►frr►/f•flrrff 1fHffr►r1l►►ffrffrlf►N/
ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF
BEFORE ME, the uodersigr ed, A Notary Public, em this day persooalsy appeared
_ known to me (or proved
to me oA the oath of , A aedhte witueas,) to be the person(s) whose
nun(s) is (am) subscribed to the fomgoing inmumeni and adnowledVd to me thin he/sh0they executed the same for the
purposes Ind cowwratiea therein expmoeed.
GIVEN UNDER MY HAND AND ;SAL OF OFFICE, this day of
Notary Pnblie, State of Texas
My Connisdan eapims on tae day of l9_
f!f r1l1/11#f f firr►►ff f r11r!►rf 11►f►rr►►►f1llki►l►r►►►f rrrli►►♦►f rUrr►►f►r►l►f/f►►f f
CORPORATE ACKNOWLEDGMENT
THE STATE OF TEXAS, I
COUNTY OF
BEFORE ME, the undenigned. a Notary public, on this day personally sNeased
of , known to
me to be the person anti of cei whose name is subscribed to the fomgoing lnmtumot ud aeimowledged to the that the me
was the act of the said , a corporation, that bshbe was
duly authorized a perform the same by appropd•te msolu `oa of tie board of directors of tua corporation and do b0iihe
executed the sane as the Ad of such corporation for the puTosss and com{deradoa themin expressed 1od to the a xpa ky
dxmin chased. ell
A
GIVEN UNDER IAY HAND AND SEAL, OF OFFICE, this day of 19-.
Notary Pobbe, Stste of Tous
i
My Commissloo expires oo the day of ,19_ •
f
8
Tem Depertmeat of Twipoaetion
Form D•15.14
Pep 7 of 1 Rev. 9/91
After recording please return this instrument to:
t
PAUL WILLIAMSON
CITY OF DENTON
221 N. ELM STREET
DENTONe TEXAS 76201
pro i D W O
d W z it
z z A < ;
~'i FO
7'-s c
al 0% In
CERTIFICATE OF RECORDING
THE STATE OF TEXAS,
COUNTY OF DENTON
r
c
I
t
EXHIBIT "A"
G.tunty Denton ,
Paps 1 oft
Parcel 28 D-15-
Highway U.S. 77 Revised June 11, 1999
Project Llmits:from I.H. 36
to U.S. 380
CSJ: 0195-02-
Account:
FIELD NOTES FOR PARCEL 28
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO DAVID A.
COGGIN, TRUSTEE, (TRACT 21 RECORDED IN VOLUME 2514, PAGE 845, DEED RECORDS OF
DENTON COUNTY, TEXAS IOROCTI, AND BEING SITUATED IN THE N.H. MEISENHEIMER
SURVEY, ABSTRACT NO. 810. CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCING at a found 11/2-Inch Iron rod for the most westerly corner of a tract of land
conveyed to Charlie Melvin Cunningham and wife, Janis Cunningham, to recorded In Volume
832, Page 217, DRDCT, and the most southerly corner of sold tract 2, being on the existing
north right of way line of Riney Road;
THENCE N 48011'62' E. along the common property line of said Cunningham tract and said
Coggin tract two, a distance of 98.61 feet to a *at 518-inch Iron rod with an aluminum cep on
the new south right of way line of U.S. 77 for the POINT OF BEGINNING;
(1) THENCE N 66°11'38' W, along the now south rl0ht of way line of U.S. 77, s distance
of 155.05 feet to set a 518-Inch Iron rod with an aluminum cap;
(2) THENCE S 60005'36' W. along the new south right of way line of U.S. 77, a distance
of 12.32 feet to a 5J8-Inch Iron rod wick an aluminum cep set in the west One of sold
Coggin tract and the easterly right of way Ina of Riney Road;
131 THENCE N 25066'13" W, along the west Ilse of sold Coggin tract and the easterly fine of
Riney Road, a cutsnce of 71.89 feet to the most northerly cornet of said Coggin tract In
the existing southerly right of way One of U.S. 77;
141 THENCE S 68a 12'48' E, along the existkq southerly right of way line of U.S. 77 and the
northeasterly One of said Coggin tract, a distance of 227.58 feet to a found 5/84nch Iron
rod for the most a eloriy corner of said Coggin tract and the most northerly corner of sold
Cunningham tract;
{51 THENCE S 48011'52' W, along a One common to said Coggin tract and sold
Cunningham tract, a distance of 27.90 feet to the POINT OF BEGINNING, and
containing 0.127 acres of fend, or 5,544 Mare feet of land, more or less.
B. Glenn Crouuih, p. .3. "-t -+Yy -f-f Data
Texas Registration No. 6265 t
S~ ~QF~
rn► oss ! p. ~
M,MMIM,MM W M,A,,,,y„
MBMMNN EMWh~M,~ IN ~ * 5255 Q n0-2449.tuv
10
i
, t
ii
V
Apenda 140„_ ~.g' Q7'
AW4a Item. k
Date
AGENDA INFORMATION SHEET
AGENDA DATE: October 5, 1999
DEPARTMENT: Parks and Recreation f
CAI/D01[/ACM; Rick Svehla, Deputy City Manager)Ckil
SU13JF:CT
HOLD A PUBLIC NEARING AND CONSIDER AN ADOPTION OF AN
ORDINANCE OF THE Cl TY OF DENTON, TEXAS, ADOPTING STANDARDS OF
CARE FOR YOUTH PROGRAMS ADMINISTERED BY DENTON'S PARKS AND
RECREATION DEPARTMENT PURSUANT TO TEXAS HUMAN RESOURCES
CODE SECTION 42.041 (b) (14); AND PROVIDING AN EFFECTIVE DATE,
BACKGROUND
An ordinance approving the Standards of Care which are requirements that either meet or
exceed the current Slate Day Care requirements. The Standards of Care are intended to
he minimum standards by which the City of Denton Parks and Recreation Department
will operate the City's Youth Programs. The programs operated by the City are
recreational in nature and are not day care programs,
Senate Bill 212 was approved by the Texas Legislature during the 741h legislative session
exempting recreation programs from day care licensing as long a Standards of Care
has been adopted. In order to be exempt an elemenlary-age (ages 5.13) recreation
program operated by the municipality provided the governing body of the municipality
annually adopts standards of care by ordinance after a public hearing for such programs,
1 that such standards are provided to the parents of each program participant, and that the
ordinanres shall include, at a minimum, staffing ratios, minimum staff qualifications,
minimuio facility, health, and safely standards, and mechanisms for monitoring and
enforcing the adopted local standards; and further provided that parents be informed that
the program is not licensed by the stale and the program may not be advertised as a child
care facility.
The current Aftcr School Action Site program, operated at all elementary schools, is a
licensed day ..are program by the state of Texas. Each year the Parks and Recreation
Department pay annual fees to maintain this licensing and is inspected annually for f 1'
compliance. Staff has investigated establishing Standards of Care that establish
requirements at a level equal or greater to the current State Day Care requirements. The
0
1
'I
I
I
+R
proposed ordinance and Standards of Care are stWhed for your consideration and exceed
ratios cmd guidelines that are required by the Stale.
OPTIONS
The City Council may direct staff to keep the current licensing Ir. effect or accept the
propc, ad Standards of Care, i
RECOMMENDATIONS
It is recommended the City Council approve the proposed ordinance and agreement, as
presented.
PRIOR ACTIONIRF VIEWt
The Youth Services Advisory Board unanimously recommended the dtwelopment of the
Standards of Care and to discontinue State Day Care Licensing when it expires in
O.Iobcr, The Parks and Recreation Board rrvicwed the proposed Standards of Care on
August 12th and recommended approval.
FISCAL INFORMATION
This ordinance and Standards of Care require no additional City funding.
EXHIBITS
L Ordinances
2. Standards of Care
3. Copy of Senate Bill 212•Exemptio+is
4. Park Board Minutes
Respectfully submitted;
Ed Nodney, Direct r
Parks and ati Department
Prepared by
'r `
Katy c aeffer
Youth Services Manager
it
1
.
i
t
4
I
t
I
I
I ~
P4HAUMLM Ow Dornrnr'iy,rndM~wdra stem ymA p am i~
T
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON. TEXAS, ADOPTING STANDARDS OF CARE
FOR YOUTH PROGRAMS ADMINISTERED BY DENTON'S PARKS AND RECREATION
DEPARTMENT PURSUANT TO TEXAS HUMAN RESOURCES CODE SECTION 42.041 (b)
(14); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton. Texas recognizes that many children of school age need an
organized program for recreational activities after the end of the school day and for other non.
school days; and
WHEREAS, the City of Denton, Texas, through its Park and Recreation Department,
proposes to operate a recreational program entitled Youth Programs for children to be opereed at
City Recreational Centers and schools of the Denton hmdependent School District; and
WHEREAS, the City of Denton, Texas needs to adopt Standards of Care for this recreetional
program so licensing as a day care facility will not be necessary; and
WHEREAS, the City of Denton, Texas has formulated a Standards of Care that at a minimum
includes staffing ratios, minimum staff qualifications, minimum facility, health and safety standards,
and mechanisms for monitoring and enforcing the local standards; and further provides for notifying
parents that the program Is not licensed by the state and that the program may not be advertised as a
day care facility;
WHEREAS, on day of 1999, the City of Denton held a
public hearing on the above Stand+uds of Caro as required by Section 42.041(bx14) of the Texas
Human Resources Code; NOW, THEREFORE, +
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City of Denton, Texas adopts the Standards of Care for Youth
Programs which is attached as Exhibit "A" and incorporated herein by reference as if written word
for word pursuant to Section 42,041(b) (14), Texas Human Resources Code.
SECTION 2. 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:
r 1
a
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
~ iF
BY: / lZ
I
I
1
i
E
j I
Page 1
r
t
t
c.
t
CITY OF DENTON YOUTH SERVICES
STANDARDS OF CARE
The following Standards of Care have been adopted by the City Council of the City of Denton,
Texas in order to comply with Senate Bill 212 as approved by the Texas Legislature during the
741h legislative session. The Standards of Care are intended to be minimum standards by which
the City of Denton Parks and Recreation Department will operate the City's Youth Programs.
The programs operated by the City are recreational in nature arh are not day care programs.
GENERAL ADMINISTRATION
I . Organization
A. The governing body of the City of Denton Youth Programs is the City of
Denton City Council.
B. Implementation of the Youth Programs Standards of Care is the responsibility
of the Parks and Recreation Department Director and Departmental employees.
C. Youth Programs ("Program') to which these Standards of Care wi It apply are
the After School Action Site, Holiday Camps, Kids Day Off, Sumner Camps, I
Middle School After School Program and Teen Summer Camp programs.
D. Each Youth Program site will have available for public and staff review a
current copy of the Standards of Care.
I
E. Parents of participants will be provided a current copy of the Standards of Care
during the registration process.
F. Criminal background checks will be conducted on pr. ,ective staff, No person with
conviction or who is under indictment for, or is the subject of an official criminal
complaint alleging violation of any of the crimes listed In the Texas Department of
Protective and Regulatory Service's Day Care Center Minimum Standards and
Guidelines Appendix 11 as same may be amended or a felony violation of the Texas
Controlled Substance Act may be present while children are in care. An example of
current Appendix If is attached as Exhibit A.
2. Definitions
A. City: City of Denton.
B. City Council: City Council of the City of Denton,
rr,
S
i
I
t?
C. Department: Parks and Recreation Department of the City of Denton.
D. Youth Programs or Program: City of Denton Youth Programs consisting of the
After School Action Site, Holiday Camps, Kids Day Off, Summer Camps, Middle
School After School Program and Teti, Summer Camp programs.
E. Program Manual: Notebook of policies, procedures, required forms, and
organizational and programming information relevant to City of Denton
Programs.
F. Director: City of Denton Parks and Recreation Department Director or his or
her designee,
G. Program Manager or Manager: City of Denton Parks and Recreation
Department full-time Programmer who has been assigned administrative
responsibility for a City of Denton Youth Program,
H, Program Specialist or Specialist: City of Denton Parks and Recreation
Department full-time employee who has lien assigned responsibility to
implement the City'sYouth Programs.
I. Program Site: Area and facilities where City of Denton Youth Programs are
held consisting of Civic Center, Martin Luther King Recreation Center, Denia
Recreation Center, North Lakes Recreation Center, McMath Middle School,
Evers Elementary, Hodge Elementary, McNair Elementary, Lee Elementary,
Houston Elementary, Borman Elementary, Rivera Elementary, Rayzor
Elementary, Ginnings Elementary, Wilson Elementary,
1. Participant: A youth whose parent(s) have completed all required registration
procedures and determined to be eligible for a City of Denton Youth Program.
K, Parent(s): This term will be used to represent one or both parent(s) or adults who
have legal custody and authority to enroll their child(ren)/leen(s) in City of c
\ DentonYouth Programs.
111 L. Employee(s): Term used to describe people who have been hired to work for the
City of Denton and have assigned responsibility for managing, administering,
or implementing some portion of the City of Denton Youth Programs.
3. I n spections/Mo nitoring/Enforcement
r~
A. A monthly inspection report will be initiated by the Specialist of each Program A
to confirm the Standards of Care are being adhered to. j f'
6
c
.
r
1
I
A
F
y
(1) Inspection reports wili be sent to the Manager for review and kept on
record for at least two years.
(2) The Manager will review the report and establish deadlines and criteria for
compliance with the Standards of Care.
B. The Manager will make visual inspections of the Program based on the following
schedule:
(1) Each After School Program site will be inspected bimonthly;
(2) The Holiday Camp Program will be inspected once during its
holiday schedule; and
(3) The Summer Camp Program will be inspected twice during the summer
break.
(4) The Midd!e School After School Program site will be inspected
bimonthly;
(S) Teen Camp Program will be inspected once during the summer break;
(6) The Kids Day Off Program will be inspected three tirt.:s a year,
C. Complaints regarding enforcement of the Standards of Care will be directed to
the Manager. The Manager will be responsible to take the necessary steps
to resolve the problems. Complaints regarding enforcement of the Standards of
Care and their resolution will be recorded by the Specialist. Serious
complaints regarding enforcement of the Standards of Care will be addressed by
the Director and the complaint and resolution will be noted.
D. The Director will make an annual report the City Council on the overall status of
the Youth Programs and their operation relative to compliance with the Standards
of Care.
4. Enrollment
A. Before a child can be enrolled, a parent must sign registration forms that contain
the chi Id's:
(t) name, address, home telephone number;
r~
(2) name and address of parents and telephone number during Program hours;
(3) the names and telephone numbers of people to whom the child can be
6
IBC
i
I
i
I
i
released;
(4) a statement of the child's special problems or needs;
(S) emergency medical authorization;
(6) proof of residency when appropriate; and
(7) a liability waiver.
S. Suspected Abuse
Program employees will report suspected child abuse or neglect in accordance with the
Texas Family Code.
STAFFING • RESPONSIBILITIES AND TRAINING
6. Youth Program Specialist ("Specialist') Qualifications
A. Specialist will be full-time, professional employees of the City of Denton
Parks and Recreation Departmeut and will be required to have all Program Leader
qualifications as outlined in Section 7 of the document.
B. Specialist must be at least 21 years old.
C. Specialist must have a bachelor's degree from an accredited college or I
university. Acceptable degrees include:
(1) Recreation Administration or General Recreation;
(2) Physical Education; and
(3) Any other comparable degree plan that would lend itself to working in a
public recreation environment
D. Specialist must have two years experience planning and implementing
recreational activities.
E. Specialist must pass a background investigation including testing for illegal
substances.
F. Specialist must have successfidly completed a course in first aid and Cardio A
Pulmonary Resuscitation (CPR) based on either American Heart Association or
American Red Cross standards.
i
7
if
1
s
t
G. Specialist must be able to furnish proof of a clear tuberculosis test within 12
months prior to their employment date.
7, Specialist's Responsibilities
A. Specialists are responsible to administer the Programs' daily operations in
compliance with the adopted Standards of Care.
i I
B. Specialist arc `mponsible to recommend for hire, supervise, and evaluate
Coordinators and Leaders.
C. Specialist arc respon.We to plan, implement, and evaluate programs.
B. Youth Program Coordinator ("Coordinator's and l ca, r ("Leader) Qualifications
A. Coordinators and Leaders will be pan•llme or temporary employees of the Parks
and Recreation Department.
8. Coordinators and Leaders working with children must be age 17 or older;
however, each site will have at least one employee 18 years or older present at all
times.
C Coordinators and Leaders should be able to consistently exhibit competency, good
judgement, and self-control when working with children.
D. Coordinators and Leaders must relate to children with courtesy, respect, tolerance,
and patience.
E. Coordinators and Leaders must have successfully completed a course in first aid
and CPR based on either American Heart Association or American Red Cross
standards, An exception can k e made for no more than one staff person at each
site, and that person shalt successfully complete a first aid and CPR course within
` four weeks of starting work.
}f F. Each Coordinator and Leader applicant must be able to furnish proof of a clear
tuberculosis lest within the 12 months prior to their employment d►te.
G. Coordinators and Leaders must pass a background investigation including testing
for illegal substances.
9. Coordinators and Leader Responsibilities J
A. Coordinator and Leaders will be responsible to provide participants with an
environment in which they can feel safe, can enjoy wholesome recreation
8
i1
I
1
I j
activities, and can participate in approprioe social opportunities with their peers.
B. Coordinators and Leaders will be responsible m know and follow all City,
Departmental, and Program standards, policies, end procedures that apply to City
of DCUtonYouth Programs.
C. Coordinators and Leaders must ensure that participe nts at 1 released only to a
parent or an adult designated by the parent. All Prog.-am sites will have a copy of
the Department approved plan to verify the identity ot'a person authorized to pick
up a participant if that person is not known to the Cool dinator and Leader.
10. Training/Orientation
A. The Department Is responsible for providing training and orientation to Program
employees in working with children and for specific job responsibilities.
Specialists will provide each Coordinator and Leader with a Program manual
specific to eachYouth Program.
B. Program employees must be familiar with the Standards of Care for Youth
Program operation as adopted by the City Council.
C. Program employees must be familiar with the Program's policies including
discipline, guidance, and release of participants as outlined In the Program l
Manual.
D. Program employees wil l be trained in appropriate procedures to handle
emergencies.
E. Program employees will be trained in areas including City, Departmental, and
Program policies and procedures, provision of recreation activities, safety
issues, child psychology, and organization.
F. Program employees will be required to sign an acknowledgment that the-,
received the required training,
1
OPERATIONS
11. Slaft=Participant Ratio
A. In a City of Denton Youth Program, the standard ratio of participants to
Leaden will be 17 to 1. In the event a Leader is unable to report to the Program A
site, a replacement will be assigned. j
9
`r
t
B. Each participant shall have a Program employee who is responsible for him or her
and who is aware of the participant's habits, interests, and any specia' problems
as identified by the participant's parent(s) during the registration pro '-ss.
12. Discipline
A. Program employees will implement discipline and guidance in a consistent
manner based on the best interests of Program participants.
B. There must be no cruel or harsh punishment or treamient.
C. Program employees may use brief, supervised separation from the group if
necessary.
D. As necessary, Program employees will initiate discipline reports to the parent(s)
of participants. Parents will be asked to sign discipline reports to indicate they
have been advised about specific problems or incidents.
E. A sufficient number and/or severe nature of discipline reports as detailed in the
Program Manual may result in participant being suspended from the Program.
F. In instances where there is a danger to participants or staff, offending participants
will be removed from the Program site as soon as possible.
13. Programming
A. Program employees will attempt to provide activities for each group according to
the participants' ages, interests, and abilities. The activities must be appropriate
to participants' health, safety, and well-being. The activities also must be flexible
and promote the participants' emotional, social, and mental growth.
8. Program employees will attempt to provide that indoor and outdoor times
include:
w
(1) alternating active. rtd passive activities;
(2) opportunity for indivi&.i and group activities; and
(3) outdoor time each day weather permits.
C. Program employees will be attentive and considerate of the participants' safety on
field trips and during any transportation provided by the Program,
(1) Duri ng tips, Program employees supervisingparticlpants must have '
immediate access to emergency medical forms and emergency contact
10
s
II
s
I
~I
information for each participant.
(2) Program employees must have a written list of the participants in the
group and must check the roll frequently.
(3) Program employees must have first aid supplies and a guide to first aid
and emergency care available on field trips.
14. Communication
A. Each Program site will have a pager to allow the site to be contacted by
Parks and Recreation personnel, and each site will have access to a telephone for
use in contacting the Civic Center or making emergency calls.
B. The Coordinator will post the following telephone numbers adjacent to a f
telephone accessible to all Program employees at each site,
(1) Denton ambulance or emergency medical services;
(2) City of Denton Police Department;
(3) City of Denton Fire Department;
(4) Civic Center;
(5) Numbers at which parents maybe reached; and
(6) The telephone number for the site itself.
15. Transportation
A. Before a participant may be transported to and from city sponsored activities, a
transportation form, completed by the parent of the participant, must be filed with
the Specialist.
B. First aid supplies and a first aid and emergency care guide will be available in all
Program vehicles that transport children.
C. Alf Program vehicles used for transporting participants must have available it
6-BC portable fire extinguisher which will be installed in the passenger compart-
ment of the vehicle and must be accessible to the adult occupants.
i
FACILITY STANDARDS
I1
i
r
4
I
I
II
i
I
16. Safety
A. Program employees will inspect Program sites daily to detect sanitation and
safety concerns that might affect the health and safety of the participants. A daily
inspection report will be completed by Program employees and kept on file by
the Specialist.
B. Buildings, grounds, and equipment on the Program site will be inspected,
cleaned, repaired, and maintained to protect the health of the participants.
C. Program equipment and supplies must be safe for the participants's use.
D. Program employees must have first aid supplies readily available at each site,
during transportation to an off-site activity, and for the duration of any off-site
activity.
E. Program air conditioners, electric fans, and heaters must be mounted out of
participants' reach or have safeguards that keep participants from being injured.
F. Program porches and platforms more than 30 inches above the ground must be j
equipped with railings participants can reach.
G. All swing seats at Program sites must be constructed of durable, lightweight,
relatively pliable material.
H. Program employees must have first aid supplies readily available to staff in a
designated location. Program employees must have an immediately accessible
guide to first aid and emergency care.
17. Fire
A. In case of fire, danger of fire, explosion, or other emergency, Program employees'
first priority is to evacuate the participants to a designated safe area
I
B. The Program site will have an annual fire inspection by the local Fire Mar. haI,
and the resulting report will detail any safety concerns observed. The report will
be forwarded to the Director who will review and establish deadlines and criteria
for compliance. Information from this report will be included in the Director's
annual report to the Council,
C. Each Program site must have at least one fire extinguisher approved by the Fire
Marshal readily available to all Program employees. The fire extinguisher is to i
be inspected monthly by the Leaders, and a monthly report will be t
forwarded to the Specialist who will keep the report on file for a
minimum of two years, All Program employees will be trained In the proper use
1T
I
I
li
i
c
c
a
of fire extinguishers.
D. Fire drills will be initiated at Program sites based on the following schedule:
(1) After School Program and Middle School After School program; A fire
drill once every three months (Program employees will confer with school
staffto ensure that city and school procedures do not conflict),
(1) Spring Break Camp and Holiday Camp: A fire drill once during the
session.
(3) Summer Camp Mania: A fire drill twice during the session.
(4) Teen Camps: A fire drill once during session
18, Health
A. Illness or Injury
(1) A participant who is considered to be health or safety concern to other
participants or employees will not be admitted to the Program.
(2) Illnesses and injuries will be handled in a mannei to protect the health
of all participants and employees.
(3) Program employees will follow plans to provide emergency care for
injured participants with symptoms of an acute illness as specified in
the Program manual.
(4) Program employees will follow the recommendation of the Texas
Department of Health concerning the admission or readmission of any
participant after a communicable disease.
A. Program employees will administer medication only if:
(1) Parent(s) complete and sign a medication form that provides authorization
for staff to dispense medication with details as to time and dosages. The
form will include a hold harmim clause to protect the City,
(2) Prescription medications are in the original containers labeled with the
child's name, a date, directions, and the physician's name. Program
employees will administer the medication only as stated on the label.
Program employees will not administer medication after the expired date, r,
(3) Nonprescription medications are labeled with the child's name and the
13
t
a
k
date the medication was brought to the Program. Nonprescription
medication must be in the original container. Program employees will
administer it only according to label direction.
(4) Medication dispensed will be limited to routine oral ingestion not
requiring special knowledge or skills on the part of Program employees.
No injections will be administered by the Program employees.
(5) Program employees must ensure medications are inaccessible to
participants or, if it is necessary to keep medications in the
refrigerator (when available), medications will be kept separate from
food.
C. Toilet Facilities
(l) The Program site will have inside toilets located and equipped so
children can use them independently and Program staff can supervise as
needed.
(2) There must be one (l) Flush toilet for every 30 children. Urinals maybe
counted in the ratio of toilets to children, but they must not exceed 5019
of the total number of toilets.
(3) An appropriate and adequate number of lavatories will be provided,
D. Sanitation
(1) The Program facilities must have adequate light, ventilation, and heat.
(2) The Program must have an adequate supply of wal •.r melting the I
standards of the Texas Department of Health for drinking water and
ensure that it will be supplied to the participants in a safe and sanitary
manner.
(3) Program employees must see that garbage is removed from buildings daily.
14
i
c
c. ,
4
APPENDIX 11
Criminal Offenses from the Texas Penal Code
The following constitute criminal offenses included in the Texas Penal Code, Sectivna 19.25
and Section 43:
Title: 5.Offenses Against the Person Title 6. Offenses Against the Family
Murder Bigamy
Capital murder Incest
Voluntary manslaughter Interference with child custody
Involuntary manslaughter Enticing a child
Criminally negligent homicide Criminal non support
False Imprisonment Sale or purchase of a child
Kidnapping Solicitation
Aggravated kidnapping Harboring a runaway child
Rape Violation of a court order
Aggravated rape
Sexual abuse Section 43. Public Indecency
Aggravated sexual abuse Prostitution
Homosexual conduct Promotion of prostitution
Public lewdness Aggravated promotion of prostitution
Indecent exposure Compelling prostitution
Rape of a child Obscene display or distribution
Sexual abuse of a child Obscenity
Indecency with a child Sale, distribution„ or display of
Assault harmful material to a minor
Aggravated assault Sexual performance by a child
Sexual assault
Aggravated sexual assault
Deadly assault on a peace officer
Injury to a child or an elderly individual
Reckless conduct
Terroristic threat
Aiding suicide
Tampering with consumer products
h
i
I /
1s
i
r ~
7 --7
t
Denton Parks and Recres6oo
Advisory Board
August 12, 1999
Denton Senior Center
Members present Don Edwards, Dalton Gregory, Brenda Phillips, Corina Ramos, and
Gwendolyn Carta, Members absent Dale Yeatts and Brandon Barnes,
Stafj'present: Ed Hodney, Janet Simpson, Kathy Mosby, Bob Tickner, Janie McLeod, and Kathy
Schaeffer.
~I
Others Present Michael Bucek. City Attornry, and Jennifer Walters, City Secretary,
Chairman Don Edwards called the meeting to order at COS p.m. Don had board members
introdswe themselves.
Swearing In of New Memben. Jennifer W
alter, City Secretary swore is the members to the
board Jennifer dawill return rned in September to discuss City Council 's request for board member's
quarterly, Michael Bucek, City Attorney discussed the respoesibilitia
and liabilities of board members.
DISCUSSION ITEMS
Board OrfentaNom. Ed discussed with the Board: how the agenda will be put together; when to
expect the packets; bow to get an item on the agenda; tours data . f the facilities; board retrerd;
and various training opportunities tbat the Board will be invited to attend. He also discussed
open communication with PARD staff members and cautioned individuals on spaldng on behalf
of the entire Board
2000 Bond Program. Ed discussed the 2000 Bond Program provides finding for projects that
are not provided by the City's general fund Ed reviewed the lint of the Parks and Recreation
proposed Capital Improvements for the years 2000.2005. The Blue Ribbon Committee will
we on approval of the final CEP recommendations in October and make its report to the City
Council in November.
ACTION ITEMS
1999.2000 Budge. Ed said that the City Manager has presented the 1999-2000 proposed budget
to City Council. Ed discussed the fee proposals, whkh were based on the recently completed
revenue study and the adopted pricing philosophy. Ed also discussed the supplemental budget
requests.
Brenda asked how the Park Foundation's funds work with the City's budget. Ed explained that
am Foundation's funds are kept separate from the City. He added that when Fmmdation funds
are collected, they must be spent for the exact purpose for which they are collated Brenda
expressed her concerns about the increase in user fees and the Impact it will have on lower
income citizens. Ed said that the fees are set at a level that the majority of citizens can pay and
16
t
that time bare bob various payment methods for those who we vaable to
discussed the various scholarahips available through the Ci athe fee. Ed
Ed said that price should not be a reason to exclude anyone ro Participating the Park Faak and
Recreation ticipating in Perdu and
programs. Brenda asked about how the lower income citizens were notified of
scholarships. Ed explained that outreach strategies are being used such as: King Kids Day
Kamp, the Owsley Day Camps, A.F.Y.I.D., and various referrals through the CDBd
(Community Development Block Grant) recipients. Kathy Mosby added that PARR offer j
complimentary swim camps at the begirming of the summer to low income participants a well
as giving approximately 80 passes to various groups or individuals,
Dal too Gre
BaY' squired about the vendor riles permit fan being increase from $B per hors to a
flat fee of $15 for non-profit and $25 for commercial vendors. Dalton asked if the innate
would apply to the Denton Arts Festival, Cinoo de Mayo and the other larger events chit take
plow a~~ ~~responded that the fen would app1Y to those events, unless
Dalton moved that the Board endorse the 1999-2000 proposed fees and budget, Corina Ramos
seconded The motion was carried by a unanimous vote.
Standmn* of Care. Kathy Schaeffer, Program Ara Mansga for Children Programs, discussed
how the After School Action Site Is a licensed day arc by the State of Texas and Is Inspecxed for
compliance. She added to ensure standard we met, the City pays a fee for the ~
though recreation programs am exempted from the State licensin . AIf the City even
maintains its license, staff has investigated establishing Standards of Care that o establish
requirements at a level equal or greater to the current State Day Care requirements. Kathy
proposed that more stringent guidelines be adopted,
Dalton Gregory moved to approve staffs report on the Standards of Care and Gwendolyn Carter
seconded the motion. The motion was passed unanimously.
Concert for the KW This item was pulled from the agenda
1
Consider o Request for the CoServ Utilities, Communication Divirion. Bob Tkb w srdd that
CoServ has requested the subsurface use 6f a portion of the Denton Branch MVrmd for the
installation and maintenance of a fiber optic cable in accordance with Chapter 26 of the Texas
Parks and Wildlife Code.
Staff re wean nded that after reviewing all other alternatives that the Board approves the use of
the Denton Branch Ul/frail. Because the use own underground, there is no direct reduction
of park land available to the general public for recreational use. There would be no impact on
current park operations or programs. The Parks and Recreation Department has indicated that
the city of Denton investigated all other alternatives and has used reasonable planning to
minimize harm to the land, restoring the park surface to its original condition.
Brenda asked if citizen input has been requested Bob said that three public notices must take f
place before it Is presented to City Council. Don Edwards asked if the City would be
17
C
c
f
AGENDA INFORMATION SHEET 9I-044
Apenda Pb,
NgW& Adm.
D* o.
AGENDA DATE: October S, 1999
DEPARTMENT: Planning Department
CNI/DCM/AC11I: Dave Hill, 349-831
SUBJECT-Z-99.066: (7-11 Derailed Plan)
Hold a pt'blic hearing and consider approval of a Detailed Plan for 1.1 acres within the Planned
Development (PD-41) zone district. The property is located at the southeast comer of Loop 288
and East McKinney Street. A gas station and convenience store is proposed. The Planning and
Zoning Commission recommends approval (7-0) with conditions. (Z-99-066, 7-Eleven)
BACKGROUND
The applicant is requesting approval of a Detailed Plan for a 1.1 acre portion of the Planned
Development 41 (PD-41) zoning district located at the southeast corner of East McKinney and
Loop 288. The proposal is to alluu for construction of a gas station and convenience store (see
Attachment 1 - Enclosure 4). The Concept Plan for I'D-41 has designated this area to be
reserved for General Retail use, which allows the development of retail stores and gasoline
service stations (see Attachment I - Enclosure S).
The subject property is located in the Planned Development 41 (PD-41) zoning district,
which was originally created in 1982 by Ordinance 81.83.
D The proposed development is consistent with most of the policies of the 1988 Denton
Development Plan (DDP) as applicable and many of the 1998 Dcnion Plan (DP) Policies (see
Attachment I - Comprehensive Plan Analysis section).
Five (S) property owners were notified of the zoning request. Two (2) responses have been
received in favor of the zoning request, (see Attachment 1 - Public Notice section).
PRIOR ACTION/R VIF'yy'
The following is a chronolog; ofZ-99-066, commonly known as 7.11 Detailed Plan:
Application Date - August 18, 1999
~ I
DRC Datc(s) - August 26, 1999
i
P&Z Date - September 8, 1999 r 1 A
F.;i2N.IA7'ED PROJECTS 'II[•'b it F
This property is not platted and would need to be platted prior to any development, The applicant
has submitted the preliminary and final plats and is awaiting review and approval from the
Planning and Zoning Commission.
1,
t I
c•
I
I
FISCAL INFORNIATION
Development of this pi ..rty will increase the assessed value of the city, county, and school
district. It will require no short-term public improvements that are the responsibility of the city.
As a form of Infill development, no extension of public infrastructure is necessary to service this 1
site.
RJECONINIENAATION
The Planning and Zoning Commission reconunended aprroval (7-0) of this zoning request 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 of to shine and project upward to
prevent diffusion into the night sky.
OPTIONS
1. Approve as submitted.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
ATTACUMENTS
1. Planning and Zoning Commission Report, September 8, 1999, Z-99-066.
2, Planning and Zoning Commission minutes from September 8, 1999.
3. Draft Ordinance.
Re fully submitt I
rr-
Mark Donaldson
Assistant Director of Planning and Development
Prepared by: ~j
Thomas B, Gray
Planner 1
A,
v
I
1
t
® ® ATTACHMENT 2 s 9-blr/
PDate_ 9.,?• 9s
PLANNING AND ZONING COMMISSION REPORT
STAFF REPORT
Su lec : 7-11 Detailed Plan Case Number. 2-99-068
fiL1ff : Thomas B. Gray Agenda pate: September 8, 1999
PURPOSE
Hold a public hearing to consider recommending approval to City Council regarding a Detailed
Plan for 1.0214 acres of the Planned Development 41 (PD41) zone district. The purpose of the }
Detailed Plan is to develop a gas station and convenience store.
r r t _ ALA-
UN y Hall
Y ~ ~ 1
I: tome'
SITE ~ -
r 1
i o-
tttt
{ V
1
e.{.aar.la. t. a.
LL -
LOCATION MAP
Location: Southeast corner of East McKinney and Loop 288
Size: 1.0214 acres
vo r
3.
e
Applicant: Richard King, AIA Owner: Dale Irwin
The Dimension Group 625 S. Carroll Blvd, Suite too
10755 Sandhlll Road Denton, TX 76201
Dallas, TX 76238
PE kNNED.DELOPMT-.1 ONI~J~i..P, Of3CCDllp~$ ' .r
Planned development zoning districts fPD) are Intended to provUe for the development of land as an
Integral unit for single or m.Pred use In accordance with a plan that may vaoo from the established
regulations of other zoning districts for slmilarland uses. They are also meant to encourage flexible
and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing
demands to meet the current needs of the community, and to provide for a development that Is
superior to what could be accomplished In other zoning districts by meeting one or more of the
following purposes:
(1) Provides for the design of lots or building; Increased recreation, common or open space for
private or public use; berms, greenbelts, trees, shrubs or ether landscaping features; parting
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, ciseks, ponds, floodplains,
slopes or hills; or
(3) Protects or pro serves existing historical buildings, structures, featurt9 or places.
There are three (3) types of plans that may be used In the planned development process; concept
plan, development plan and detailed plan.
CONCEPT PLAN - This plan Is Intended to be the first step In the PO process for larger or long
term developments. It establishes the most general guidelines, Identifying the land use types,
approximate thoroughfare locations within the boundaries of the district.
DEVELOPMENT PLAN - This plan is Intended to be used most often as a second step in the
PD process. It Includes the sarne Information that Is provided on the concept plan, plus details
as to the specific land uses and their boundaries.
DETAILED PLAN - This plan Is the final step In the process and Is required prior to any
development. For smaller tracts or where final development plans are otherwise known prior to
rezoning, the detalled plan may be used to establish the district and be 11~e only required plan
In the planned development process, It will contain Information specific to the ate.
All detailed plans should be In substantial compliance with landscape, sign, subdivision and other
regulations of the Code of Ordinances. Wnen concessions from these regulations are requested by
a developer, there needs to be corresponding benefits that merit deviation from those regulations.
I
.
T 97 Oa5
4.
C
c
c J
F
The applicant Is requesting approval of a Detailed Plan for a 1.0214 acre portion of the Planned j
Development 41 (PD41) zoning district located at the southeast comer of Cast McKinney and Loop
288. The purpose is to allow for construction of a gas station and convenience store. (See Attachment
4) The concept plan for PD-41 has designated this area to be reserved fur General Retail use, which
allows the development of retail stores and gasoline service stations. (See Attachment 5)
Much of the area surrounding this property Is service, retall, office or light Industrial In nature or is
undeve!oped. There Is some single family and multifamily residential development within a quarter-
mile of this site. (See Attachment 2)
1988 Denton Development Plan Analysis
The 1988 Denton Development Plan (DD P) shows this area to be within a Moderate Activity Center.
These areas emphasize a diversity of land use developments. They are Intended to place jobs and
housing in close proximity to one another. Vehicular trip generation due to development within
Moderate Activity Center Is restricted to 35D 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, (See attachment T)
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 policles of the 1998 DP, (See
attachment 8)
1999 Draft Denton Comprehensive Plan Analysis
The 1999 Oran Denton Comprehensive Plan Is still In the development stage and has not been
approved by City Council. It currently places this property within a Community Mixed Use Center.
Although a comprehensive plan analysis Is not required for a Detailed Plan, one Is provided for
Informational purposes.
Z 97 a.
S
t
e
I. Transportation
A. Trip generation
Table 1. Proposed Retail Trip Generation
Land U Average Trip Total Trip Maximum Buildoul
Generation per Generation
General Retail 40.67 trips11,000 fe 119.57 2,940 square feel
t 'ffir. s r3„ 'i, ,
ToarTrtP+ 4 tl~~l ° .4y y
gin.,~
Allowed Trip Generation 1.0214 acres 357.49 350 tripslacre
Difference 237.92 32% below allowed trips
• calculations provided by tho lnstllule of Tnnsport,tron Engineers, 1901.
B. Access
f Access to this development will be provided primarily to and from East McKinney. There will be
some entrance-only access from the northbound lanes of Loop 288.
C. Road Capacity
East McKinney and Loop 288 are both classified as primary major arterials by the 1998 Denton
Mobility Plan, These roads are designed to be slx (6) lane divided streets 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.
East McKinney Road is currently constructed with two (2) lanes without parking. The most
recent traffic count for this portion of East McKinney Indicates that there Is adequate capacity
to handle the calculated trips that could be generated by the proposed development. A traffic
count at East McKinney Just east of Loop 288 taken In April of 1999 Indicated a volume of
12,654 vehicle trips
per day, this Is over 15,000 trips below the tratf,,, flow that this roadway will
be designed to carry when completely built out. This development, according to the trip
generation analysle above, Is expected to generate only 238 additional vehicle trips per day.
Loop 288 is currently constructed with four (4) lanes without parking, There are no recent traffic
counts for Loop 288 within this area. However, as was noted above, the primary access from
;his development will be to McKinney, not Loop 288.
0. Pedestrian Linkages
E.
Sidewalks along all public streets are required. ti
Z 4) a,s
6.
F i
2 . Utilities
This site has access to existing water and sanitary sewer lines. This Detailed Plan calls for the
installation of new fire hydrants,
E
3. Drainage and Topography
New development will be required to design and construct a drainage system to city standards, i
Because this property Is less than 3 acres In size, a drainage study will not be required at the
time of platting.
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 (ptantable area).
7. Open Space
Nonresidential development is not required to participate In the development of public
recreational areas. f
i
8. Lighting
Lighting on the property should be designed and maintained so as not to shine on or otherwise 1
disturb surrounding residential property or to shine and project upward to prevent the diffusion
into the night sky. This restriction will need to be written In as a condition of the Ordinance
approvinm the Detailed Plan.
9. Environmental Quality Impacts
No negative environmental impacts have been Identlned.
PROPERTY HISTORY 7
January 14, 1969 - The subject property was placed In the Agricultural (A) zoning district and
land use classification by Ordinance 69-01.
October 19, 1982 - The subject property was rezoned from the Agricultural (A) zoning district
classification to the Planned Development 41 (PD41) zoning district by Ordinance 82.83.
11'x.
The subject property Is not platted and would need to be platted prior to any development.
Z 9'1 O( 5
7,
v
r
J. • ~Y.
Ain
Notice of the zoning request was published In thi Denton Record-Chronkle on Sunday, August
29, 19S12). Five (5) property owners were notified of the request on Thursday, August 26, 1999.
As of this writing, there have been two (2) responses In favor of the zoning request.
b No nelghboyrrh~oodd meetings were held.
~t ,
~(e `In f
MMENOATION ra+ 54 'P;" ~~¢¢}(x'Sa h mRla a
at-W♦ii7`rJ~.X.'/, .~.~6'43+"7.Ia~:,Hsy. ~v
~.lL ua.. •.r .
Staff recommends approval of Z-99-066 with the following condition:
t. 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~IL I.I t]lY~ 1 I h'tr"v xT~'~ ,iii r r , 6 xt 1 yµ s
I move to recommend approval of Z-99.066 with the folloving condition:
1. Lighting on the property shall be designed and maintained so as not to shine on or
otherwise disturb surrounding residential property or to shine and project upward to prevent
the diffusion Into the night sky.
1. Recommend approval as submitted.
2. Recommend approval with conditions.
3. Recommend dental.
4. Postpone consideration.
5. Table item.
ENCLOSURES 41
1. Vicinity Map.
2. Zoning Map.
3. 200' Property Owner Notification Map.
4. Site Plans.
5. Concept Pian for PD-41. zi approved by Ordinance 82-83,
6. Photographs.
7. 1988 Denton Development Plan Matrix.
8. 1898 Denton Plan Policies Matrix.
9. Draft Ordinance.
8. a~r~
ENCLOSURE I
Z-99-066 {7.11 Detailed Plan) NORTH
SITE
r6
■~^1 C ,
a IT
l..
~ V
~'J y
hhMGhr*ik
~ . ,Ml~l~llb '
VICINITY MAP
r~
Agenda Date: September 8, 1999 Scala: None
9.
4
C;
ENCLOSURE 2
Z-99.086 (7-11 Detailed Plan) NORTH
( SITE
4 L1 \ r i
SF•7 l 1 I
` ifettirt:YdAl : '.~?j,• J~ I i +
is I A 1 1
,A I I \ \ 1 !
O 1 I I
.1 1 ti•
~ a
PD-0 \ fl~~filr~~C
,
i
ii
ZONING MAP 1
Agenda Date: September 8, 1999 Sea tc None
10.
r
I
i
ti
~I
Z-99-066 (7.11 Detailed Plan) NORTH
SITE
shw" asks
rwfth N'c
40 F IOT \
NOTIF CA71 N
~iEA IT
2 0 FOOT r~
N TIFICATION
A EA
200.500 FOOT NOTICE MAP
F
200' Legal Notices sent via Certified Mail; 6
500' Courtesy Notices sent via I" Class Mall: 12
i
Number of responses to 200' Legal Notice
• In Opposition: 0
• In Favor: 2
• Neutral; 1 f t
Percent of land within 200' In opposition: 0%
Agenda Date: October 5, 1999 Scale: None
11,
t
4J o W\ r 1.. ~ Y.yrr rY.hYrrl\rr.r..
i ~ OOM ~ r r.wl rr \n.. lu f r\ r\ r wr \ \rl
r Y ra rr r.......~ E
1 ® r 1' 1 Y wtrwrYr.~\w
~ r1. r.. r\r\ww ~j
rrw.rr w.r rwrr\ww 2
rte.. \rl .Yr Y. \ y M
\h r r w Ir1 =
, I.. • rrY www Yrr xnr Mr~Y\ 2W
r 8 ~Irr \r rYwl•f Yr Yr
1 ~u 7 Q r~.rwr.\r ~\w~
...~iwr i h'LM,`4'rA. 8Q rrr•\r.lr r.\rr
s'~!/~~• (/p0 ~l M'H(f Sf r.rYrwr\fr Y
......,..u. / ~.i, Ap~'~il f 748 rrrrr y ~
1 •.V\• ~ ~~1 ~ y; •~r` YhrfrYU nwrr\wl iwr 1
.__~.r.r ~R 1 ~ v „~I ';f`~Li•.Zs'~~'1'rriwrw. I
r.-wr ~V ~ rrr.r ww+*h. r.rlr\•u.r \ r✓1..y l.r ..~\w rY•\r~Yr.~y
1 .rWY\Yr
l} • w iY 1 J { • •r ~L ~y, • , Mrrl W OY \ w Y if
...-.-.wrr I . ~ rYwr+\prtiYr,w\ iilflf >
\wrr i ~ r o~ r+rrrr.rw\wrl Cf J
~ n.u orrewM i 1 •~1 ~~f 'Im aaa'••, ra.Y.w\.r.. ! j~rl
rY,~. wrrrr I 1•f17i A~ le]iC bail \Vi a
rrrrwr ) O
a r.~.... s 1` I EMI u...~ ~ ^0 *D'Z'!'f2S71 'L.71i Td.T0. I ^q
w_rrnr~r.r Y II ~ I~ s
W .Y--wrrw rr I 1 .Y~ .7r\\.Y i
-.era ~ I 1 1 ~ fir' \ •wYl_ ~ {
Air
4 •r \ rA♦4r
M r4 • rH \ i 7 ~ 1. I+ 1~/lN.1mi1P~M • \Y~rr/ rt~~yrl rrr J
1bf➢r611 • Y,r
MAU
V- 00
Cl/
ewnrN
u1 marl Man/Yrar ~YF, f
uI• r ravel ••"r r\ ~\II aauroi
sammilwWousm"
•v w ww•[ riff*1 MyIIIIIIW LMI,RMI
rr.•r oliY ~A N • 1•,\ -W I 0I KAU
rwwwmr^m irw _ Rpm "armumm P'
f` ~amrv_ Mu- ► O" 1 of 2
c
:raw .w . rr ~"Q7LCprS'atI'a{fl~' X ~ i 1
y~ .r.. yr-• f r r" rveteCSrsmttat"'
t rrw rw. w ..•r •~•.r,.C3L7I/4lLt~C.* uu
' Yr ~.■~`7Awwlaassw.~~. r.'r.r~~.rr~. f ~TJ+,~ i R
31
~s~I'p~•r•~lea~ea~rsas 3
I • • (e1! 4sr ,{Malt..
` k ~ II
mmmt~
. ~ ~rrr ~ i .N f QdT.. r~~•rr.rrwnr R Jill
wr ~
~...~r.11~ ~ l r' err/./V~✓♦.r.r ~ I
r. wrr 1 r rri•~r
. r.., rr. n... ,ir.r ~ r wrrusa>],(~d,$f~O7
w~ w.M
• , p~IWI r H
.1...... rrr
r MM•w .J~ u ~I y,y
~ Sam.
14
I
Mr
~~{SSS ~r, pp f
Y v
.
11 RSyi7~ ISa?.'r w r t
. 'P
"'::L
r'~M°r
b:o 40
r r~.~If2.:G.______. ~ / f UMIO NOM/ aw,r•Y1~~1~"r
w~~ '.I'YY" FYWNYM ~NMM~'P MIO'
1 w rN..
~N Z4. o°e.. r~ wa sr~~
i f ~ HI~i4ri%
' ~pRIgAS! MIL I ~AG~ldl
w u►a OOMA~6~ ~1'OI'~ ,
.h\ °w°__~k+~W° NMI w'c•
~
' \ •e m~_ IsSarync~'. y~t'rpLof 2
wi
t -NOTE: This is the Concept Plan for-PD-41 as.
was originally approved by Ordinance .
82-V. The shaded areas have since been
SITE PLAN - Z-1540 removed frm the PD by later council
action.
LIETRDPLEX EOUITIES
o.• tcw'. EAST
•y W
AL'N GENEAaL• 16 fSt
RETAIL
♦ / YIr 1,t•1}CC. 3,.^tr 1U. Itf
SITE PLAN LAND USE ro S1AICi
♦ to
At Kwi. ptI :A .l.1 acnu
g
b,ry:.t riu't•t,ft.uta is I&
~ ~1 8 ~br
Ui Lt,. ALI ,1 30.11 •
et'a. 1L,t 1+ 'o 4.97 •e.
b,ten. y ,
rw 1,at :1.4 , 1.47 ee. Ck ' '
T 1
N Al[:1 pR 1~^Itl niPd•pr.wu rdi
} 1o ' ♦d
lore IIt M W(A s MULTI-FAMILY ' •r
W
y. r C MULTI-FAMILY
o SINGLE FAMILY 1 DWELLING OISTRICI DWELLING DISTRICT
N Y,pe Carl, y9nH, y..ty nr
O 4T1AfHED
e
V DWEL.ING DISTRICT 10.0 •e. 3440 1376 •0.
if •1i `SI
- ds~ . 1„ ti a 18,18 mo. O
`Y•1°.p ♦ '25' ` A'.1 MULTI-FAMILY 0
AC, 1
SING E f - DWELLING DISTRICT
" ti . WE, I D fjlC,♦♦ , 1w ? 7.A 1 so.
area no longer
included in
r ; ` ' '.r . ' ! IDO•rt r1000Y11 Ort4 tract
BSI GlE FAMAMJ ' Y0 d
a
s, CRFEK
ry ~DWELL~N10L6 1 ti ' yj 10,34 60.
~ ~i ' Tyr ~ .i.~ :.,ry`~~Ytr"_
c,
c;
I
ENCLOSURE 6
2-99-066 (7.11 DETAILED PLAN) PHOTOS
F
Photo 1. The property as seen from the nortl, Photo 2. A view from the property looking
side of East McKinney Street. northwest acropj the Intersection of East
McKinney and Loop 288.
t'
iY W
!p
1
Photo 3. The property as seen from the west Photo 4. The property as seen from the
side of loop 288, northwest corner of Loop 288 and East
McKnney.
1
?S~
l
c~
u
Ii
ENCLOSURE 7 aeae~
988 Denton Development Plan Pollcles Analysis "
The table below provides a summary of the 1988 Denton Development Plan policies applicable to
this project:
Denton Development Plan
Policy Analysis Summary
Moderate Activity Center
Development Rating vs. Policy
Poury_ COMMENTS Inoonsh"
L„ c„ t
IntwL These areas are Intended to
enwurage a dverW of land use
developments ttat place Jobs and houdrq
in dose prondmity N one anothm x
InRvaPty Standard. Moderate Advlty Moored Intensity • 3so trlps/aae
Centers shah have a standard vehlde Oip Atboted jrkemty . 2M t pVste
at "ty of 350 trips per day per grow
eat (t/d/ac). x
Dimslty, land use dverrft Is dented
n uses When Umn the dorinant lard uses
h the area wdr as oomroerdal, retan,
tight hdustrial, and o"ke. x
High-Density housing. MA-family not apprtable,
hovAng is encaxagw in tfxse area;
hdrdng manufKboed housing.
Low Density neighbofiood Housing not epplIcable,
ProtWdon, Sagk-family re9datxs
OOM be protected by st1d site design
control, IndAng setbacks, bAed% and
landsaphg.
smp Commerdat, the plan encoiages I
centers of budrKas actvity We 1
drsmuragirq strip convrwdat
development x
I
l
i
(A< h
16.
c
I
I
it
I
s~ ENCLOSURE 8 aaaaa
1998 Denton Plan Polleles Analysis
The table below provides a summary of the 1998 Denton Plan Policies applicable to this prop. d:
f Denton Plan
Policy Analysts Summary
Development Rating vs. Polity 1
CATEGORY POLICY
In0on5fQMt ',AppAmbid~ Consistent
Transportation. Canpimenu.Denton'sLOVItange7hora lfarePlan.
Promotes Aaass Management Pradka
optimises operations for emergency service providers and ;y
other pulp k service providers. X
Prorates public transpor ion system
Contributes to dm Denton Trans network.
Stormwater Drainage. Protects 100-year ttoodplaln areas in aaaldance with "
Denton's watershed management plans. X j
conforms to local sutidxnsion regulations. X
Contributes to regional detention fadlities.
Provides for natural riparian environment aloe; Aoodptaln. 7t
upgrades existing substandard drairwge systems as Infill -'+y
and redeve nt occur. V
'
kpnx ,y X 1
Water and Develops and maintains property and private
Wastewater, infrastructure. rt x
Creates opportunity for oversiVng water and wastewater
lines to meet ruture dev.4opment demands. X'
Provides review or proposed water and wastewater
Infrastructure to ensure pudic safety and health. X
Promotes infia Improvements over new line extensbns. X
Electric Provides underground electric service for riew resfdenb'al
and nonresidential development y' rd ' v X
Sond Waite. Promotes efficient access to an development for send
waste service delivery . X
Parks and Recreation. Locates parks and reaaation facilities in accordance with a
Lk Parks and Recreabon Strategic Plan. X
Enhances part and recreation opp r unibes to residents,
Preserves Aoodptain fa parks and open space to aid In
roodplain conservation efforts.
Allows comdning of parks with other pudic fadGbes to
ad,leve cost tRective delivery of pudic services. X:::
Residential development should dedicate lard or fees in '
lieu of land for neighborhood pads. t:i.., X +
Environmental Quality. Promotes preservation of natural resources.
Integrates environmental protection with economic
growth and cortvnurwty devebpment, X
I
I
I
17.
r
u
saaa~ ENCLOSURE 8
1998 Denton Plan Policies Analysis (continued) ~
Denton Plan
Policy Analysis Summary
Development Rating vs, Polley
CATAGORY POLICY > App cede CmrdWzt
R x
Encourages a mlxbre of land uses that bent re9dents. x
Rotects and wnerves edow ne;06wtm4 ?4
Framotes bkyde and vedesbw traMt wrd* and yc
behwm neighborhoods to reduce vd*utr b%m S ' kr
Housing. Provldt t a range of housing types Mat appeal to dMfe ing
emrcm k and Mvldal ife-styles r .
Offal a variety of slrgle"famny Id sires, butdkq am;, ':F` ~'t } *
and pft ranges, ?~{',.X wi
erewm oestS V housIM ksdudrq affmfd" trasbg. "M
Lrveases an housing =wbucdw. Avy t: u
Economic Conblbutn to a"and dvftW local ecoranry ty Wversillntlon. kweasfng erro&rient and e*"ng the ices base. EPA"
x
Govammant. Er u g Intergov~ e~ntal o dnadon to prav&
Urban Dwigm Addesses cvwu lty appearance In a cwVrehenstm f°
mama. r' a t
DrversW arwternra' apoewance of DWIt erMmornent.
Wghbafaod hV deve4irnent sh Wd be cw"tble
with wilting land Lets and bulldrgs Xr;,
proteds and preserves Demon's w ttem", urlGaaf and
hrtstorial remircm
Enhances the appearane aicfg major entrarice*&A
Prorrctes the preserva m of trees and bndsaO + x
Public Involvement Provides an oppor wft for pubtk ooh Ion during the
plannkq process x
1 A . ararra►
t
i
t
ENCLOSURE 9
f x
ORDINAD hyn
AN ORDINANCE OF THE CITY OF DENTTON, TEXAS AMENDING ORDINANCE NO. 82-
83 TO PROVIDE FOR A DETAILED PLAN FOR 1.0214 ACRES LOCATED WITHIN
PLANNED DEVELOPMENT 41 (PD-41) ZONINU DISTRICT; THE SUBJECT PROPERTY
BEING LOCATED ON THE SOUTHEAST CORNER OF EAST MCKINNEY STREET AND
LOOP 288; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF S2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING
FOR AN EFFECTIVE DATE (Z-99-066).
WHEREAS, on October 19, 1982, by Ordinance 82-83, the City Council approved a
change in zoning for 112.88 acres of land to Planned Development 41 (PD-41) Zoning District;
and
WHEREAS, on August 17, 1999, Richard King, AIA, on behalf of Dale Irwin, submitted
a detailed plan for 1.0114 acres located within PD-41; and
WHEREAS, on September 8, 1999, the Planning and Zoning Commission recommended
approval of a Detailed Plan for, ich 1,0214 acres; and
WHEREAS, the City Council finds that the Detailed Plan is in compliance with the
Concept Plan for Planned Development 41 (PD-41) Zoning District, the 1988 Denton
Development Plan, the 1998 nenton Plan Policies and the Growth Management Plan Strategies;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SEC-.ON L That Ordinance No. 82-83 providing for the approval of a Planned
Development Zoning District Classification and Ilse Designation for the property described as
PD-41 is amended by approving the Detailed Plan attached hereto aktd incorporated herein by
reference as Exhibit B for 1.0114 acres located within PD-41, more particularly described by the
legal description attached hereto and incorporated herein by reference as Exhibit A, subject to
the follow ing conditions:
L 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 diffusion into the night sky.
SKCTION 2. That the provisions of this ordinance as they apply to the 1.0214 acres
shown in the detailed plan herein approved, shall govem and control over any conflicting r1
provisions of Ordinance No. 82-E3, but all the provisions of Ordinance No. 82-83 as they apply c
to that rc naining portion of the district not herein amended, shall continue in force and effect f
and steal apply to the remainder of said district.
19.
y
~I
caoiwr~nws+.aw.~.r ENCLOSURE 9
• ~ I
SECTION 3. That a espy of tIttached to Ordinance No. 82-
83showing the amendment herein approved.
SECTION 4. That any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 5. 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, official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of .1999.
JACK MILLER, MAYOR
i
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM: "
HERBERT L. PROUTY, CITY ATTORNEY
BY:
I
2o.
_ 1
t
~I
i
i
I
ATTACHMENT 2
Page 12?
1 if this is done according to the new land use plan, for r I the second half of the process, which completes the
2 example, they would be even lesser driveway space in the 2 zoning, is the detailed plan which, as the name implies,
3 front of the home. 3 is a more dctaitod pins or dcxign for a eertsln section
4 So how are these residents, once they'r. in 4 of that site.
3 there, how are they to manage all of that so 0,al they 3 Planned Development 41 as it was originally
6 don't have that problem or oversixd rushing boats in 6 created covered all this land. Hero's Loop 288 and
7 the stints and oversirrd motor homes In the streets, et 7 here's McKinney. These shadod areas have since been
R cetera? And I'm not asking for that tonight, 1 would 8 zoned out of rD 41 and the property that we are looking
9 like for you to bring that back at the text meeting 9 at is right here, which has been designated by the
to because I think it plays in directly to their concerns 10 conlepl plan of PD-41 to be a General Retail district. ,
11 and to what they've experience in this area over time I I And this site is, of course, slated to become a gas
12 Any other questions? In that case, we have 12 station and convenience store. With that, l will show
13 a motion and I believe we're ready to vote if we can get 13 you the detailed plan itself. Here i the store. Here
14 the vote, please The motion carries unanimously. 14 is the area where the gas pumps are located
15 All right. We will bring it back in two weeks that is One thing that the applicant wantel to make
16 MR. ARTERauioc Thank you very much for your 16 sure that you understood, access to the site. Right
17 comments. We will meet with the neighborhood and we'll 17 now, the applicant is proposing a right turn in only
18 get all the details cleaned up for the next time. 18 access to the site. Most of the access, the in and out
19 MR. E!4GELSAECHT: Thank you And, 19 access will occur over here at McKinney. However, TxooT
20 Commissioners, let's take ten minutes. 20 has plans for Loop 288. In the future they'll be
21 (Break lakcm.} 21 widening Loop 288 and doing some modifications here.
22 MR. ENGELBRECHT: At this time, I'll 22 And at that time this right in only will become a right
23 reconvene the Planning and Zoning Commission. 23 in, right out. So in the future this detailed plan is
24 Commissioners, Agenda Item 11 is to hold a public 24 being submitted with the idea that in the future there
25 (tearing to consider recommending approval to City 25 will be more access from that side depending on when
Page 126 Page 528
1 Council regarding a detailed plan for 1.0214 erns or I TxDOT improves Loop 288.
2 the Planned Development 41 sere district. The 1.0214 2 And that is about it. 1 have a few notices
3 acre property is located at th; southeast comer of Loop 3 from surrounding property owners. I found two in favor
4 288 and East McKinney. The proposal is to develop a gas 4 and one neutral. I will pass these around I'll be
5 station and convenience store. At this time I'll open 5 happy to answer any questions.
6 the public hearing. Mr. Gray will provide us with the 6 h1A. L%;aLBREC'Frt: Commissioners?
7 staff rcpart 7 MR. MORE,, Yes, air. How far from the
8 MR, G Y, This is a site 91 the comer of 8 interscttion of Loop 288 and McKinney is your right hand
9 Loop 288 and , cKinney. It is an area that has some 9 In only7
to development. There i3 some residential over here and 10 MA GRAY: I'll ask Mr. Salmon that
it over hero I think there is a hardware store directly I 1 question.
12 across the strut here. On the other side of the I. Met. SAtmos': And I Just have to t )ok at the
13 intersection, there is some other retail. Generally, 13 dinjensions that are on the drawing.
14 much of the area is currently undeveloped. Let me put 14 MR MORENO. That's what I was trying to do
15 som¢ pictures up right now. Ile northwest intersection 15 without any luck.
16 or Imp 288 and McKinney. And this is the site as seen 16 MR SALMON: H looks like it's about
17 from the north side of McKinney. This is the site as 17 well, the property is 170, about 170 feel long on that
18 seers across Loop 288 and this is a picture looking from IS side and the driveway is as far to the south a, we can !
19 the site across the intersection to die northwest side 19 possibly get it and still have it on the property. So r A
20 or the intersection. As you can am, there really Isn't 20 it's probably in the neighborhood of 150 feet. -
21 that much there at this point to give you. 21 MR MOAENat is that okay with TxDOTt
22 I'll go over the Planned DeveiopmenL A 22 MR SALMON: Yes.
23 Planned Deveopment, of Course, is a two•sicp Process. 23 MR ENGELBRECHT. Arc there other questions?
24 The first sup is the concept plan which lays out the 24 1 noticed that, Mr. Gray, one of the rocommendmions
2S general basics or tough uses for a given site, And then 25 from the staff is the standard lighting statement, And
PLANNING & ZONING SEPTEMBER 8, 1999 Page 123 - Page 128
21.
r t
t
M
i
h
~ Con4tentwitt'r '
Page 129 Page 131
I I wonder if you would put back up that photograph you I implementod. Were it had have been sdoptal, we s
2 bad of the facility cater-cornered across the stmt. 2 certainly could use those kinds of criteria to attach
3 Six C?.AY: Okay. Let me locate it. 3 conditions to the detailed plan. There may be
4 o:A ENGEt9NECHT: And I don't know %tat you 4 comparable language In the DDP.
5 call that cover over the pumps that seems to be ■ S MR. ExG"RECHT: But We do cite the '99
6 standard here in the City, the canopy. 1 know that that 6 draft Denton ComFebensive Plan in our analysis section
7 canopy has boar refitted with lights and several new 7 and have done to for quite some time. So it would seem
8 ores in t,e City have come out with a different form of , e to me that we could go ahead and begin to make
9 light. And I'd like for staff to research whether, In 9 considerations of other aspecu of it, as well. I'll
10 fact, that does not shine and otherwise project upward 10 Ieave that for staff comment as they deem appropriate,
I I into the night sky and, therefore, determine whetter I I But I would like to know how we might consider that in
12 those are, In fact I don't know that we had that 12 this particular situation given that we do look at otter
15 requitement for those particular facilities but we do 13 aspects of the draft
14 have for this one. 14 MR. RrsHEU acing that Mr. Engelbrocht
15 And, a matte of fact, I'm not sure we IS brought it up, it seems like there's a tremendous
16 didn't have that far a facility at the comer of Woodrow 16 retrofit process going on at service stations right Dow
17 Lane and McKinney Stmct, which 1'd like to have you-all 17 under existing canopies that we hive already approved
19 research. It might have boon on that request, although 18 and it seems like the amount of total light that's being
19 I'm not sure. It might have been toned beforehand. But 19 emitted from those Is beyond what our initial standards
20 1'd like to knew whether this would apply to those 20 might have been.
21 Canopies. 21 So my question and my concern is when they
22 MR. GRAY: okay. Staff will look into that 22 go and retrofit existing c pnpies to our within our
23 MR. EN'GELBRECHT: And furthermore, in the 23 City, do we have any sort of ordipuun that oversee
24 we're going to be next addressing [be M-nion 24 that type of thing that we can limit, as Jim was trying
25 Compreh,nsive Plan draft and there is a statement, 25 to elude to, I think, the total amount of tight that's
Page 130 Page l32
1 several statements in there I'd like to address. Page 1 emitted and potentially upward light that's emitted into
2 117, the appeamm of a proposed development and its 2 the upward sky?
3 relation to its surroundings are material 3 MR, DONALDSON. We have no lighting
4 considerations. Considerations to what spocifhcalty7 4 standards currently. That's why we've been attaching
S Zoning? S this condition to roan zoning cases so that we have
6 N! R. Mc!eE]LL: Are you reading that in 6 some leverage for newly zMed property.
7 response to this property? 7 MA xisHEL so my question Is, the standard
8 MR. ENGFLSRFCHT: Yes. And there's another 8 does not apply to gnandfathered pleas or are they
9 one 1 want to It will take me just a moment. 1 lu d 9 grandfathered or do we need to Implement something that
io some of these marked. Bear with me a moment, please. 10 we:dd require them to submit a plan to us on the total
1I On page 114 under architectural design, it says that we I ! amount of light that are capable under these canopies?
12 frequently see market-based color schemes that are ■ 12 MR. DOt4ALDWN: the eonditon would apply
13 Flamboyant market-based color schemes. These tend to 13 only to those cases that have come to us with a:ezoning
14 work formalization design. They reduce the 14 request within the last two years.
13 distirntivcncss of different districts of the City as a IS MR. Bucm And, Mr. Rishhel, in relation to
16 whole. And I'd like to know how son can fit that concern 15 that, it sounds like any other zoning violation.
I7 into this particular case if possible. Those are my 17 Usually you have a neighbor or someone that calls you
18 questions IS and says there's a zoning violation and then we enforce r
19 MR. GRAY I assume we Could put a note on 19 it, but certainly the Commission, when you we a project
20 the detailed plan. 20 in the last two years like you're saying McKinney n (f r
21 MR DON'ALDSON: xccp in mind that you're 21 Woodrow, that is something that we probably have the
22 quoting from the draft comprehensive plan that has not 22 right to look Into.
13 yet burn adopted, 21 MA x1SHELr Well, that canopy was lost
24 MR ENGELORECHT: 1 malin that. 24 because of high winds and so they've roplaced that
25 MR DONAt.DSoN: And it's certainly not yet 2S canopy.
PLANNING & ZONING SEPTEMBER 8, IM Page 129 • Page 132
22,
Jl
t
Con4lrnaelt"r j
Page 133 Page 135 I!
I e R. SUCEK: At McKinney and Woodrow? 1 definitely will have a median which, of course, will s
2 MR. RISHEL: Yes, if I'm not mistaken, or 2 enable them to have a right turn In, right turn out
3 maybe it was taken down because a truck hit it or 3 because you won't be able to make a left turn at that
4 something, 4 locatiam.
S MA. ENGELBRFCHT: 7hal's new construction. 3 MR. ENGELBRECHT: Any other questions?
6 MR. RLSHEL: New construction, okay. f 6 Thank you, Mr. Gray.
7 think what I'm referring to and one or the things that I 7 MR WILLtAMS: i do have a quesdo L How I
6 see most prevalently Is at the corner of University and 8 close Is the closest neighbor to this project I From my
9 1-35 on the far end of town, a canopy that has just 9 memory, it's not any there aren't any houses that
10 recently ntrofutcd and it's brighter than daylight
10 close.
I I under there. I1 MA CRAY: There arc some houses up here
12 MIL BUCEK: Right See, all th= predated 12 behind Singing Oaks Church of Christ and that's -
13 our rules, We don't hav: a lighting standard like 13 MR. WELLINS: okay. And I'm really
14 there's a tnx and landscape ordinance. We don't haves 14 speaking from my in your recommendation where it says
15 lighting ordinance that we could go back and enforce. 15 lights shouldn't disturb them so and I'm not a
16 I'm worried that even if we bad it, those would probably 16 physicist so I don't even know the proper term,
17 ton-conforming uses if they went in before we adopted l7 candlelight hour or whatever I'm trying to say that
18 it. But there's nothing that says the City can't adopt 18 would disturb them prople.
19 a lighting standard and then at least cv-ery future 19 MR. GRAY: That is a consideration that you
20 development and what we plan to do, as you r on 20 flight want to took at is that we do hart some
21 this, under the comprehensive plan, you'll have thst in 21 Multi -Forrily dowm here and some Single-Family up here.
22 for every future cases, and you won't have a separate 22 But I don't have a scale In front of me, but l would
23 item on that. That's just going to be a given 23 assume it's at lest a quarter-mile away, maybe further.
24 MR. RISHEL: Thank you. 24 MA. ENGLIBRECHT, Inst a continent, I think I
25 MR ENGELBRECHT: I would like to ask one 23 our lighting standard, standard lighting statement that
Pave 134 Page 136
I more because Ccre was this the new one of the the 1 wt put in here does not necessarily apply to,
2 comments on one of the public notices that you received 2 Single-Family residential nest door. The idea wr: io
3 in return . Said &,re was a concern about the curb cut 3 reduce the amount of light emanating into the n';ht sky,
4 on the McKinney intersection. And it is within our 4 I think was the goal.
3 Subdivision Regulations, the curb cut, the distance from 3 M.R. WILtsAMS: okay. I was just reading
6 the intersection or the curb cut on McKinney Street? 6 what was here, it said residential property, so I'm just
7 MR. GRAY: I believe, yes. I'll once again 7 reading what's tem.
8 rerer to David Salmon, but I believe that is the case. 8 MR. ENGELBRECHT: Yeah. Any Oder
9 MR. SALMON': It Is ear ordinance gives us 9 questions? T%mk you, Mr. Gray. Is the petitioner or
10 a little bit of la-way in firms of providing shared 10 petitioner's representative present? If you would give
I I access with other properties and therm they're proposing 11 us your name and business address, please.
12 to do that. And also in this case on their Imp 288 12 MR. KING: Yes, Siir. My name is Richard
13 frontage, they've got an existing crock that separates 13 King. Fm an architect with The Dimension Group, 10755
14 them from the property to the south which would preclude 14 Sandhill Road in Dallas. The Dimension Group represents
IS them from having rhr joint access. Set
they've put the 15 7-11. 7•11 is planning and would like to build at this
t6 driveways back as far as they can, physically. 16 site in Denton. Mr. Gray, thank you far leaving the
17 MK ENGF.LBRECHT: All right. Thank you. 17 small drawing up here. I understand acme or yew
18 Any other questions, Commissioners? 18 conditions arc I think I do. 1'd tike to go through
19 MR. RISHE:L: Mr. Salmon, as ti.• development 19 those in a minute and address some of the staff's k
20 of the Imp is furthered, do you anticipate that they'll 20 questions and then go through the rest of my % f -
21 be some sort of boulevard separation that will separate 21 presentation. The term I think you were looking for was
22 the east side from the west side on the south side or 22 foot candies, In the set of drawings what we normally
23 McKinney? 2) provide cc what we do provide Is a foot candle and a
24 MR SALMON: Right. It's either a far or a 24 calculation on the foot eardles generated on the site
23 six-lane dN idol section that's being proposed so it 25 and we trial, you know, to not have any tight scttathy
PLANNING & ZONING SEPTEMBER 8, 1999 Page 133 - Page 136
23.
e '
Con sell'
Page 137 Page 139 I
1 eman sting or very little light emanating from the site t dowa and atop but the water wiiiwt going anywhere, W we
2 itself. What we're interested in is light on the ground 2 put in a drainage easement for you to try to eliminate
3 at the car:opy for security and access to and from It the water ti nv corning back down ihrottgh here.
We're not, 7.1 I, generally we don't try to throw light 4 The building that we're proposing
Is Just
S out, You know, across the intrsection that type of S wrier 5.000 equate feet. It is a standard prototype
6 thing where you're blinded coming down the road. 6 building trade of masonry. It's a Concrete block
7 Something else to keep under consideration 7 thMC-tone eoncrcw block, rat fluted at the bottom, ■
8 that was brought up was my discussions with TxDoT is a whiteband, white tan at the top. The carsopy is a
9 they are in the preliminary design phases of redoing 9 standard canopy plan with the stripes.
10 that Loop 288. It is being planned to be improved three 10 We have pmsentod in this site plan you
I 1 to six years base i On whether there is right•of•w•ay t I don't see any irm shown. There is a second drawing in
12 acquisition requ. red or not. So their schedule 12this that does show the tree and landscape. I do want
I7 flucmatts quite a biN But they will be improving and 13 to note that I believe we noted there arc, l believe,
u this plan is to improve Loop ?88. 14 leaving three or for existing trees that arc like two
S One thing 1 do want to point out and I'm 13 20-inch oaks and one I a-inch oak. We are rcnxA ins eight
16 glad Mr. Perry bought it up, the one way in design from 16 treess ten-Inches or I
I 7 Loo 288, it's desi t We're also putting bee: in,
A sued at the width and at the radiuses 17 [think, 17 trots. But all ail those trees do emu in
18 and things that the Engineering Department asked us to 18 those easement areas and that has gone through the
19 do. We presented one, They came back and told us what 19 LAnd%cape Department and been reviewed and approved.
20 th ey l ked and that's what we put in there. And the 20 And the rust thing when I looked at the sit, was, man,
21 width of it currently is at 20 fort which was okayed by 21 there's ■ lot of trees, But I'm also putting back 17.
22 the fee department, everybody because they're just 22 OkaY7 But in trying to save the ones 1 can and the ones
23 trying to get the one way in. At the point, what 1 23 that will stay move the trees out of the easement as
24 wanted to bring kind of into rcconl, is at the point 24 far as I can so TxDo7 maybe won't tear them up In five
25 whin Txoor does improve the Loop, redoes a at drive, the 23 years. If you have any question, I'd be glad to answer i
I drainage in th ~ area, does everytldng, they lower tux Page 138 1 them. Page 140
2 Loop prohably about two or three foes. for drainage as 1 2 MR LNGELBRECHT: Commissioners, any
1
3 understand it, we would like to have the 30-foot or 3 questions? Yc% Mr. Moreno.
4 maximum drive at that point just for accessibility to 4 M0. MOBEN-0 Yes, stir. On your fight hand
3 and from and out of the site. And there is a note to s in only drive, what's to prevent a motorist from using
6 that affect on the site or on the detailed plan. I just 6 that m an exit?
7 wanted to make o nbody aware that that is the plan. 7 MR. IUYG: We did the radiuses and the
8 The location of the approaches was actually 8 entries ao ording to what this City engineering staff
9 governed to 7-11 and in this data led site plan by the 9 wanted. And we made it two reasons, one, 20 fat wide
" cumnt landowner and the City in a pre-agroed upon 10 for the fire deparunent to
I I location. I think, thouthe gh, in and if you Wcc the extension of 11 As fa as t}tern to make, litre, a left out or a right out?
12 the Property lints here, extension of properly, lines 12 MR MOREN'O A right out or a kit out,
13 here, you're still around 200 fat really from this 13 either one.
14 Point UP here right actually where the drive occurs 14 MX tuNch At 20 foot, f guano, you possibly
115 and where the culverts and whatnot go underneath the 16 could do it if you did a back turn on it.
16 street, 16 MX E2+OEl9 REl m other questions? Ijust
17 In this location hack all the way along this 17 have a comment, You had indicated something about you
IS area right here, this little section through here is a is have a standard lighting setup fo the f don't kaow r
i9 drainage easenscnt of TXDOT's drainage easement and that 19 what that is but you can go look at the one across the
20 probably does r,eternd all the way up going up and down 20 street that's joist been done. And they, used to have the f f'_
21 the east sWr of the Loop. TxDOT will be using that to 21 lights recessed In the canopies and nary they've dropped
22 drain a-,d work the drainage out coming down through the 22 the lights outside of the canopies and Increased the
123 site here underneath I& drive. We have granted in this 23 candle power. So not only do 24 area right here an easement to the City for a Y they have mote
light on
24 the ground but there's more light going this is way,
23 drainage casement Because, like, TxDOT had theirs come 23 MR KNo 31e lights that 7-11 does have,
PLANNING & ZONING SEPTEMBER 8, 1999 Page 137 • Page 140
24.
6
CondenseItn"
Page 141 Pagc 143
1 they do have a drop, a tittle bit of a drop on the edge t support of this petition? It you would please give us
2 of the canopy so we try to reduce some of that That 2 your name and address for the record. I
3 light that you're referring to is made by fst out of,1 3 MR PRIG;; My name is Gene Price, 725
4 think it's Cincinatti, Chic, or somewhere out The 4 Chisholm Trait. Yc1, l would Me to support this.
s element, you know, as far as how close and we deal 5 Number one, that puts another gas station there, more
6 with this in several cities is how far is the canopy 6 competition means lower pdoes for gas. 77e lighting, l
7 from the street, how many lights are there, and what is 7 don't care what it takas. If it shines in the street
e the foot candles actually emitted from the property 8 that's fine with me as long as the crooks know that
9 line? 9 there's lots of lights then -,d there's no the more
10 Actually, one thing that's of benefit on to lighted the better, as far as I'm concerned because at
I I this comer if you're going northbound on the Imp and I I night you don't want to be anywhere where it's dark
12 you have the trees there, you're not going to pick up t 2 because somebody could get you real easy.
13 those lights as dramatically anyway. The main concern 13 As far as the trees and all are concerned,
14 or things that they run across is it does put more light 14 if he wunts to take out a couple of more oaks that
is on the ground, it's a WLrity IS wouldn't be bad because, from what 1 understand, ticks
16 MIL ENGELBRECHT: Right, right. I Just --I 16 are real prevalent in oak trees. So if Aye could look at
17 recognize the recd for the security on the ground, but 1 17 the fact of possibly allowing more developers to get rid
IS do not believe, and you'll have a hard time making me 1s of them, it would be extremely pleasing. As far as the
19 bcli.vn that you need the light going this w•ay, which is 19 entratim, I guess that's, you know, just fire
20 what all of these new ones In town do. They do put a 20 department sct. I think he has a good plan and I hope
21 lot more light on the ground ',wt they put a great deal 21 y'all vote for it.
22 more light going out and that has nothing to do with 22 MR. ENGELBUCHT: Thank you. Is there
23 Security. 23 anyone else present who would like to speak in favor of
24 MR. KING: what we generally have is three 24 this petition? Anyooc else present to speak in favor of
25 t,, fzur lights per pump or per MPD and we can provide, 25 the petition? In that case, is there anyone present to
Page 142 Page 144
1 rhich is probably a third less than probably what's I speak in opposition to the petition? Anyone present to
2 %cross the street. Okay? Soo, generally, you run like 2 speak in opposition? Seeing no opposition, the rebuttal
3 I ive to six per pump and they stock four Am% the bay 3 is waived. Public hearing Is closed. Mr. Gray, any
4 L,slead of thrm and they icatly overkill it to where, 4 final staff mnarks?
S Yeah, they're using it as a ma,~,Iing fool. I mean, S MY. GRAY: staff recommends approval.
6 come sce this big noon deal up there and that's not the 6 MR. FNOLI9RECHT: commissioners, do you have
7 case, Thcre an we can provide the drawings and the 7 %n• questions for atai'9 In that case, I would like to
a d ita of what we Save. We have some recent Installations 8 as. Mr. Salmon, the question was raised about the
9 in Piano. We can have staff go look at it if that type 9 Rbdity to I think Mr. Mo. eno raised it --to exit
10 or thing ages with them. I was not familiar with your 10 the property oirof a Loop 288 ingress. And l'm not
11 language in your comprehensive plan, didn't know about I 1 sure from this drawing, I can't W-1 how that - la that
12 it, wasn't prv-,cnted to me. 12 designed timilar to the ingrem that's down at Colorado
I3 MA FNGEt.nnecrtr: No, no, That's fine. No, 13 and 288 at you designed one over at Dallas Drive at an
14 I can mcognim that, Had these not all been 14 auto parts store? An they of that sLttilar design where
15 retrofitted it might not have been an issue, but I would is it's sat of a curb
16 ask that I would hope that when you're finished we 16 MR sALmoN: Right. This would probably
17 can rum to y ou as an example of what we'd like to be 17 of course, this would only be half of Blot you've got at
I F ,acing in town. And if you would pass on those examples 18 the Auto Zone on Dallas Drive. I mean, because that
19 to staff I would really appreciate it so that r
they can 19 driveway has a lax that goes out and one that comes in
20 take a look at some of those. 20 and kind of makes a little triangle median. And this f / \
21 MR. KNO: sure, be happy to. 21 would be just the lane coming in.
22 Ma FNGELBRECHT: Any other questions? 22 MR. mcietARECBT: And it will have some sal
23 7 nank you. Is there anyone present yam, I do have 23 of a curb along there?
24 well, you're W. King so that takes tale of that. Is 24 MR SALMON: Right.
25 there anyone else preset wh he would like to speak in 25 MA LNGELBRECHT: so it would be kind of
PLANNING & ZONING SEPTEMBER 8, 1999 Page 141- Page 144
:S,
i
L
Condeoselt"r '
Page 14$ Page 147
t difficult to make a right turn out of there? 1 intmovtion. We haven't soon 1ny plans ycL But I'm
2 MR mmom unfortunately, with the 2 assuming they're going to provide tame additional rum
3 existing Loop not having curb and gutter on I% the S !alts at this intersection. I Just dr i't know how many.
4 Texas Department of Transportation will not allow rub 4 f would assume we're going to htvc a left turn, a right
S in the right-of-way. So it may be physically a little 7 turn, and then probably a couple of thro ugh lanes, but
6 bit difficult to keep people from turning left. 6 that would Just be my guess.
7 Obviously, the shape of the drive spproacb is going to 7 MR ENGELBRECHT: 1hatiit you. Any other
8 be such that, you know, if people want to remain on the 8 questions? Thank you, If there are no other questions,
9 pavement it's going to be a difficult tun to make. But 9 are there any comrcots or a motion?
t0 that probably won't preclud; people if they really wrest 10 MIL MCNEILU VII make a motion. 1 move to
i i to turn out of that driveway because there wouldn't be 1 i moommend approval of Z-'+?-066 with the following
12 curb on it out in the right-or-way, which Is a TxDOT 12 cond tionc that the lighting on the property shall be
13 requirement, that they couldn't drive over the dirt and, 13 designed and maintained so as not to shine on or
14 you know and then the same thing, someone could conic 14 otherwise di curb surrounding residential property or to
15 out of here and turn left xrom And, you know, one of 13 shine and project upward to prevent the diff rsion into
16 the things we'll require on their site plan when they 16 the night sky,
17 come in to apply for a building permit is that the 17 Ms. APPLE: second.
18 driveway is properly signed. You can put all the is MR. ENGELBREaT R's been moved and
19 signage out there you want and you can try to make it 19 seconded to recommend approval with conditicas. Any
20 di ft icult to turn out of, but I'm sure therc'a going to 20 discussion? Vote, please. Motion carries unanimously.
21 be some people that will try to drive out or it anyway, it Thank you, Mr. Pray.
22 MR. LNGELBRECUT: okay. But we'rc going to 22 MR GRAY; Thank you.
23 do all we can in design to stop that? 23 MR. ENGEtimEcHT: iliat moves us to Item No,
24 MR. SALMON: Righl. 24 12, hold the second of two public hearings and consider
25 MR. ENGELBRECHT: Any other questions for 25 making a recommendation to the City Council regarding
Page 146 Page 148
i stall? I the draft 1999.2020 Denton Comprehensive Plan. And 1
2 MR. RISHEL: Question. 2 believe we're going to have hlr. !Till provide the staff
3 S1 R, ECGu 9RECUT, Yes, Mr. Ai slel. 3 report this evrning. 1 knew he was hanging around bete
4 NIA. Rt.Siif.L: I know, Mr. Salmon, as you 4 for something,
3 approach McKinney in the far right-held lane, there is a 5 MA HILL: I miss you folks, I want to come
6 turning lane there. I don't know if it's a turning large 6 back and see you every once in a while. Tonleit is your
7 or not, but you can turn from that far end side in that 7 snood public hearing for the draft comprehensive plan.
8 direction. Is it proposed that as nor would be able to 8 And at your last meeting you asked for some additional
9 turn into the 7-11 service station that there would be 9 Information and, hopefully, we were able to answer and
10 nunicrous turning lanes that would be available? Is to correctly write down your questions or get the gist of
I I there enough right-of-way there for that? And I greet I I your request and respond to L4at properly. And wtat I'd
12 the next question would be what is the stacking disunx 12 like to do is because 1 do not believe that some of the
13 between the intcmxction of McKinney and wbcte the turn IS folks interested in the audience have access to this
14 of the driveway is at this point in time? How many cars 14 information, I've been making some copies and I'd like
t 5 would yru envision being able to be in there? I S to we if our staff could hand that out so they could
16 'AR. SALMON: well, if your actually measure 16 have that.
17 from the -dge of the pav+etrWnt back to the proposed 17 Mi ENGELBum. All right, Great.
18 driveway, ; ou've got close to 200 fret which would be Is MP-MLL 'item's been an awful lot of r
19 about ten cars. Currently, bcltoe at this t9 information presented regarding the comprehensive plan. k
20 intersection you've got a Icft turn lane and then you've 20 Not only is the plan itself fairly lengthy, but then
21 got a lane that's a thro rgh and then right turn. You've 21 have been a lot of spinoff issue and we've had sever-Li
22 got two two lames in he northbound direction. 22 different kinds of products which we basically comment
23 Now, there would be no additional turn lanes 17 summaries from the public hearings, a comment SUTrnary i
24 wit. the construction of this convenience store. I 24 from the workshop. We have in Our staff report to
2 S dcm't know what the State is planning to do at this 25 Council, which I Wiese we made available to you, as
PLANNING & ZONING SEPTEMBER 1999 Page 14$ • Page 148
26,
i
{
ATTACHMENT 3
4
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS A-`.1ENDING ORDINANCE NO.82-
83 TO PROVIDE FOR A DETAILED PLAN FOR 1.0214 ACRES LOCATED WITHIN
PLANNED DEVELOPMENT 41 (PD-41) ZONING DISTRICT; THE SUBJECT PROPERTY
BEING LOCATED ON THE SOUTHEAST CORNER OF EAST MCKINNEY STREET AND
LOOP 288; PROVIDING A SAVING.; CLAUSE; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF 52,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING
FOR AN EFFECTIVE DATE (Z-99-066).
WHEREAS, on October 19, 1982, by Ordinance 82-83, the City Council approved a
change in zoning for 112.88 acres of land to Planned Development 41 (PD-41) Zoning District;
and
WHEREAS, on August l7, 1999, Richard King, AIA, on behalf of Dale Itwin, submitted
a detailed plan for 1.0214 acres located within PD-41; and
WHEREAS, on September 8, 1999, the Planning and Zoning Commission recommended
approval of a Detailed Plan for such 1.0214 acres; and
WHEREAS, the City Council finds that the Detailed Plan is in compliance with the
Concept Plan for Planned Development 41 (PD-41) Zoning District, the 1988 Denton
Development Plan, the 19nb Den!en Plan Policies and the Growth Management Plan Strategies;
NOW, THEREFORE, i
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Ordinance No. 82.83 providing for the approval of a Planned
Development Zoning District Classification and Use Designation for the property described as
PD-41 is amended by approving the Detailed Plan attached hereto and incorporated herein by
reference as Exhibit B for 1,0214 acres located thin PD-41, more particularly described by the
legal description attached hc•cto and incorporated herein by reference as Exhibit A, subject to
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 diffusion into the night sky.
SECTION 2. That the provisions of this ordinance as they apply to the 1.0214 acres
shown in the detailed plan herein approved, shall govern and control over any conflicting
provisions of Ordinance No. 81.83, but all the provisions of Ordinance No. 82.83 as they apply
to that remaining portion of the district not herein amended, shall continue in force and effect r r
and shall apply to the remainder of said district.
27.
1 L
1
I
I
I
i
1
i
I
I` ~o. m..Ma~.astiwr I,
SECTION 3. That a copy of this ordinance shalt be attached to Ordinance No. 82-
I
83 showing the amendment herein approved. ~
SECTION 4. That any person violating any provision of this ordinance shall, upon
conviction, be rimed a sum nc4 exceeding $2,000.00. Each day that a provision of this ordinance
is violated sh.•11 constitute a separate and distinct offense.
SECTION S. 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, official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of ,1999,
JACK MILL FR, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I
BY:
I
APPROVED AS TO LEGAL FORM:
HERBERT L. PROM, CITY ATTORNEY
BY:
r
PAGE2
28.
r
c
c
EXHIBIT A
7.1 1 LOOP 288 ADD1710N
CITY OF DENTON, DENTON COUNTY T,&C
tE 6L0E 'gaIPTIO
EEING SITUATED IN THEME P.ANO P.R.R. COMPANY SURVEY, ABSTRACT No. 027, DENTON COUNTY, TEXAS.
BEING APART OF A CALLED 6.5751 ACRE TRACT CESCR IS ED IN DEED TO CRAIG IRWtN AND DAL F, IRW IN AS
RECORDED IN DENTON COUNTY CLERK'S FILE No. 15.R?050144. AND BEING MORE FULLY DESCRIBED AS
FOLLOW $
BEGINNING AT THE WEST NORTHWEST CORNER CF SAID 6 5751 ACRE TRACT AT A 112' IRON R00 SET WITH
YELLOW CAP STAMPED VOTEX RPLS 4613'AT THE INTERSECTION OF THE EAST RICH 7-OF-WAY OF STATE
HIGI I14AY LOOP 266 WITH THE SOUTHERLY RIGHT-0F-VI0 OF EAST McKINNEY STREET.
THENCE NORTH 55 DEG. 50 MIN. 27 SEC. FAST WITA A h'+GHJr,1Y FLARE A LISTANCE OF 57.06 FLE7 TO A 112"
IRON ROD FOUND FOR CORNER,
THENCE SOUTH 64 DEGREES 15 MINUTES 56 S EC07,C 5 EAST, WITH THE SOUT HFIRLY RIGHT-OP WAY OF
EAST VcKINNEY STREET, A DMTAN^ E OF 60.66 FEET TO A 1.2' IRON ROD SET FOR CORNER WITH YELLOW
CAP STA' IPED'VOTER RPLS 4617^,
THENCE SOUTH 52 DEG. 05 MIN. 12 SEC. EAST, W I T H ThE SOUTHERLY RIGHT-OF-WAY OF FAST McKWNEY
STR£FT, A DISTANCE OF 174,02 FEET TO A 112' IRON ROD SET FOR CORNER WITH YELLOW CAP STAM^LD
'VOTER RPLS 4613';
THENCE SOUTH 40 DEG. 20 MIN. 01 SEC. Y1EST, A GSTANCE OF 257,27 FEE' TO A 1,'Y IRON ROD SET FOR
CORNER WITH YELLOW CAP STAMPED VOTEXRPLS 4613';
THENCE NORTH 42 DEG. 05 MIN. 25 SEC. V1EST, A CIST},NCE OF 111,24 FEET TO A 1R' IRON SET FOR
CORNER V41TH YELLOW CAP STAMPED'VOTEX RPLS 4517';
THENCE NORTH 66 DEG 45 M , 00 SEC, WEST, AD . S7A04S OF 6.67 FEET TO A 516' IkOtl R00 FOUND FOR
CORNER IN TH1. EASTERLY LINE OF S.H. LOOP 265
THENCE NORTH 01 DEG. 15 MIN. 00 SEC. EAST, W!-H ThE EAST RIGI4T4)f-WAY LINT. OF SAID S.1t. LOOP 266, A
DISTANCE OF 16947 FEET TO THE POINTOF BcGI`,S!KG, CC"T:dN!NG 44,441 SGUAREFE:TOA 1.0214
ACRES CF LAND, MORE OR LESS.
i
29.
1
I
tr
I~
l
~F
I
w wriww i
O i w. r fn ~ r+rrw ~rrr r. rr.y.wrrr.. G
r.rwr ..r... r I r r r r.rr .....1
~ Yw Y 1 a rrr r+.rr wrl
r.wrrw.rrw. r..rr, Z
rr., rr r.. r r
4! rfr.. M~y.l W~F
OD f
~ ~-LrWwaw4f~Mrar~~ 2W~~
rf.A 3 1
~ i rfr.. rr..w•rrw 1 ND~~
, ~ j n.r,..r I.wr b4.~rwrrr~M II
.Y.w ~ ~N `C , ~'a~~' $ rfwa r.r..afrrrrrr I
_...rrr \ J ~~fj : rfw.r, rr.. rr r~rw..r. r.au. rrr
.rr I r\ 'la'~sµr"'r;lw'~SCLwS`wi1.'SC`ra.
•rr wr 1 , ~ I .y.;~ rrrr+rr.rtbrry r..r ~r
-.wrr.aa 1~~ I ~ ~ \ r+f~fr.,..ww. +wrwr r.+. ~r
wr~w v ~ rwr.ra
-wrw 1 ~ ~ I , .47~ ~~r~r.wwrw.rr~..r ~ lilEj
:ar..h 1 / / ImtaoQk.~ 7y~ rr.+►r~M~.e
f. rrawrr w 1 . I r ~ I~ai'}"te aril '~i t~ I .
+ ~wwwr
tYJ raw ..Z7 ~ 11 Ilttul N - - • ~ ` w ~'.S~r'l'rSS p.'S .~'.7vim t'1
~ -wwwrw f _
Ll -0"
`t ~ / rr J
war ~ I1~ ! f . a. r' ~ 4
w .rw 1 I C ~tL.
< _ rw~ I _ • f • • r ea
ormw
T.rr -MR xw__ or w 'P' ' 1ti~aSfT-+'fresms 9
_ _a ~ 'l~fi#~.11iREtiita,truess
'"~~~1~~1w~~~~.~.wwww1((1~~■■ /1 w'1M0it~~wl' .u~`.~yw.~Ir
'u'~'•f r1.! w71~MMmMM :M..ar.r Frw.w.i r.r.
. r ro}r ,i~ ~ • rxrtra oft w><rirrrr
ell 0
neu SUMMA W 16ME
DamrNnlW, ALtenonrint
.wl Mm LWI,LMO
M bD NK . r+r...r r..r
gFra±ru~'H.u~►}oa~rtutnn t of 2
1
I
1
IF
i~ r pry=~ ~~Y•~ i6! p~emzsssaf i
~ P-1
7~ . .r~r. ~ fly ♦ v (I~Yro,f`Yn N♦N~, PI~Q~~'S11fiM'ruw
iwr yX '1
~~rrrrrw 7R \ , a~ 9~7Aw wrrrrY\~
•••~•-•~Yrw r j " SG{~151417L1.ira.w ~i
war i ♦ 2 \ Ij
rrrrr ~ i 1011. wvrr~■ir,r~i~T.'a'7C? II
-wrr~ %~"j b, eos io w'~ ~~+7rsi1ll. F
_..~~rr s r KrKlr.r
~w~r r 1 ♦ O~ ~ • .
~ .rr r M
r. I ~0
..r
1 1
fA wwr ■ \1 11 OOI
H rr I r
rlf VVV • - a
I 1il
rrr =r i=. _ ' a1s1~•r~7lrrwrr s
10
I '
oar~w
ri MtJ y Y"/ I• , I t~'IN MM4 ~~•Ywrr.rw ^
M'J V 4 ~ ~ '~fNawe N 'loaytp.l~t
!iHlLi071 JOE]
♦ ti M
MEN=
SOVMTIFWfALISACMIM
•,,9~,~ oaibaKOdC~TCne
foor
--101 `lrs- &iw MNNV 2 of 2
i
J
4
AGENDA INFORMATION SHEET Ageadallo. 47-044A.
x
kends item O
Date a- 67
AGENDA DATE: Oclober 5,1999
DEPARTMENT: Planning Denartnicri
CNVDCNVACAI: Dave Hill, 349-8314
a
SUBJECT - Z-99-059; (PD-20 Development Plan) f
Hold a public hearing and consider approval of the Development Plan for approximately 133.4 1?I
acres within the Planned Development (PD-20) zoning district. The property is located on the
south side of Interstate 35 East, at its intersection with Wind River Lane. The planned
development allows light industrial, general retail, office, multi-family residential and single-
family residential uses. The Planting and Zoning Commission recommends approval (5-0). (Z-
99-059, (Unicorn Lake)
BACKGROUND
The applicant has requested approval of the Development Plan for Planned Development 20 i
(PD-20). The current request to approve the Development Plan is the second step in the approval
process for a Planned Dcvclopmcni zoning district. If tt:e Development p!an is approved by the
City Council, then the Planning and Zoning Comm'vion is delegated the authority to approve
subsequent detailed plans (see Attachment I - Planned Developmenl Zoning Procedures
section).
Y The subject property is located in the Planned Development 20 (PD-20) zoning district, f
which was originally created in 1974 with the approval of the Concept Plan The Concept
Plan was amended in 1998.
D Twenty-eight (28) property owners were notifO of the zoning request. Six (6) responses
have been received; three (3) responses are opposed to the request and thtte (3) are neutral
to the request.
PRIOR ACTIONIRE,VILI
The following is a chronology of Z-99.059, commonly known as PD-20 Development Plan:
Application Date - June 1, 1999
DRC Datc(s) - August 11, 1999 J
P&Z. Date - August 25, 1999 l l~;
ESTIMATED PROJECT SCHEDULE
The final step in the Planned Developmcrn zoning process is the submission and approval of a
Detailed Plan. This is required before any development can begin. This property would also need
to be platted prior to any development.
i
F
I
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.
RECOMMENDATION
The Planning and Zoning Commission recommended approval (5-0) of this zoning request.
OPTIONS
1. Approve as submitted.
2. Approve with conditions.
3, Deny.
4. Postpone consideration.
5. Table item.
i
ATTACHMENTS {
1. Planning and Zoning Commission Report, August 25,1999, Z-99-059.
2• Planning and Zoning Commission minutes from August 25, 1999.
3. Draft Ordinance,
Resp clfullysubmitted:
(L.,
Mark Donaldson
Assistant Director of Planning and Development
Prepared by;
Thomas IB3. Gray
Planner I
A i r.
2.
r
I
I
ATTACHMENT 1
Apende No. PLANNING AM.O ZONING COMMISSION o ~ a. I
~ STAFF REPORT
Subject: PD-20 Development Plan C0Ae Number; Z-99-059
tag: Kathryn Niissen Qgenda Date: August 25, 1999
I
PURPOSE
Hold a public hearing and consider making a recommendation to the City Council concervi,ig the
Development Plan for PlannE I Development 20 (PD-20). The Development Plan Is the seco ,d
i stage of zoning of a Planned Development (a Concept Plan was approved by City Council on
November 3, 1998). The Planned Development currently contains the following land uses: Light-
Industrial, General Retail, Office, Multi- and Single-Family Residential.
r
I
SITE
I
I
LOCATION MAP
Location: South side of Interstate 35 East, directly west of Brighjon Road, And north of the Denton
State School. 1
Size: 133.480 acres
3.
Mw,
Applicant and Owner: Windjammer, LTD.
3505 Teasley Lane
Denton, Texas 76205
PLANNED DEV L_OPMENT ZONING PRbCEDURES
Planned development zoning districts (PD) are Intended to provide for the development of land as an
Integral unit for single or mixed use in accordance with a plan that may vary from the established
regulations of other zoning districts for similar land uses. They are also meant to encourage flexible
and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing
demands to meet the current needs of the community, and to provide for a development that is
superior to what could be accomplished in other zoning districts by meeting one or more of the
following purposes:
(1) Provides for the design of lots or building; Increased recreabo,o, common or open space for i
private or public use; berms, greenbelts, trees, shrubs or other landscaping features;
parking areas, street design or access; or other development plans, amenities or features
that would be of saecial benefit to the property users or community;
(2) Protects or preserves topographical features, such as trees, creeks, ponds, fioodplains,
slopes or hills; or
(3) Protects or preserves existing historical buildings, structures, features or places.
There are three (3) types of plans that may be used in the planned development process; concept
plan, development plan and detailed plan.
CONCEPT PLAN - This plan is Intended to be U+ a first step in the Pt) process for larger or long t
term developments. It establis`ies the most general guidelines, identifying the land use types,
approximate thoroughfare locations within the boundaries of the district,
DEVELOPMENT PLAN • This plan Is Intended to be used most often as a second step In the
PO process. ft includes the same Information that is provided on the concept plan, plus details
as to tie specific land uses and their boundaries.
DETAILED PLAN - This plan Is the final step in the process and is required prior to any
development, For smaller tracts or where final development plans are otherwise known prior
to rezoning, the detailed plan may be used to establish the district and be the only required plan
in the planned develop rent process. It will contain Information specific to the site.
All detailed plans should be in substantial compliance with landscape, sign, subdivision and other
regulations of the Code of Ordinances, When concessions from these regulations are requested by
a developer, there needs to be corresponding benufits that merit deviation from those regulations,
SUMMARY OF ZONING REQUEST AND,PROPERTY HISTORY ,
The developer Is requesting approval of the Development Plan for Planned Development 20 (PD-20). - ,
The property was annexed and classified as a Planned Development In September 1974 with the
✓ approval of a Concept Plan. The Concept Plan was nmended in 1998. The current request to
approve the Development Plan Is the second step In the approval procedures for a Planned
,
4. l
I
III
Development (PD). If the Development Plan is recommended for approval by the Planning and
Zoning Commission and approved by the City Council, then the commission is delegated the authority s
to approve the detailed plan as stated In Section 35-154 of the Code of Ordinances: F
I
The commission is delegated the authority to approve a detailed plan or the amendment of a detailed j
plan for pruperty for which a development plan has been approved by the city council, unless no
detailed plan has been approved for the property within ten (10) years of the date of approval of a s
development plan, In which case the detailed plan must be approved by council, after hearing and I
notice...
The Development Plan must show all the information required for a General Concept Plan, plus the
following:
1. Permitted uses. A table listing the specific permitted uses proposed for the property to the detail
specified by the department.
2. Boundaries. A map showing the boundaries of the different land uses and the boundary
dimensions,
The subject property is not platted and would naed to be platted prior to any development.
SPECIAL INF
_0MATION
1, Transportation
Trip generation
The information as provided for z nd approved in the Concept Plan regarding trip generation has
not changed. It must be pointed out that a traffic Impact analysis shall be required prior to any
subsequent detailed plan approval.
B. Access
The property will have direct access to Interstate 35 East Service Road.
C. Pedestrian Linkages
Sidewalks along all public streets are required.
2, Utilities
This site has access to existing water and sanitary sewer lines.
3. Drainage and Topography
New development will be required to design and construct a drainage system to city standards. A
preliminary drainage study will be required with the submission of a preliminary plat. The study
must include calculations of the 100-year storm for all drainage areas on this property and any
area that drains towards this property. The developer must indicate the method by which the run-
off will be carried across the property or stored on the property. The Development Plan indicates
that, when fully developed, future floodplain will be contal:ied within the park.
4. Signs
As per the sign ordinance.
5. I
III
S. Off-Street Parking
New development must provide parking according to the regulations of Section 55-301 of the 1
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).
i 7. Open Space
The Development Plan provides for 33.3 acres of parkland.
i
8. Lighting
Lighting on the property shall be desis ied and maintained so as not to shine on or otherwise
disturb, surrounding residential property or to shine and project upward to prevent the diffuslon
into the night sky.
PUWQ NOTICE j
Notice of the zoning request was published in the Denton Record-Chronicle on August 15, 1999.
On August 13, 1999, twenty-eight (28) legal notices were mailed as well as ninety-one (91)
courtesy notices. informational signs were placed on the property as well. As of this writing, there
have been zero responses to the request. Since the Development Plan only provides for
additional technical information and not changes in land use classification, no neighborhood
meeting was held.
l2ECOMMENDATION;._;~ y c ?:<«i. s`i`..i"yA
As the Development Plan meets the minimum requirements as Identified in Section 35-175 of the
Code of Ordinances, staff recommends approval of Z-99-059 as submitted in the Development
Plan.
A'JTION
As the Development Plan meets the minimum requirements as Identified In Section 35.175 of the
Code of Ordinances, I move to r•,,•:ommend approval of Z-99-059 as submitted in the Development
Plan.
(ALTERNATIVES r
1, Recommend approva! as submitted.
2. Recommend approval with conditions.
3. Recommend denial.
4. Postpone consideration.
5. Teble item.
ENCLOSURES
1. Vicinity Map.
k,
2.
200 r
500
Foot PropeatY Owner Notification Map.
~
3. Development Plan.
1 4. Draft Ordinance.
ra,P
6. i
ENCLOSURE 1
Z-99.059 PD-20 Development Flan NORTH
SITE
~ \ ti r
5
E
• orN C111 low a he
VICINITY MAP
,
Agenda Date: August 25, 1999 Scale: Nona
7,
i
i
A '
I
i
ENCLOSURE
Z-99.059 PO-20 DEVELOPMENT PLAN NORTH
v
SITE
i
i
az>~n ~ i
All
>i
j 0 FO BU E
200 FOOT FF
200.500 FOOT NOTICE MAP
200' Legal Notices sent via Certified Mail: 28
500' Courtesy Notices sent via 1" Cfass Mail: 91
i Number of responses to 200' Legal Notice
In Opposition; 3
• In Favor:0
• Neutral:3 ,
Percent of land within 200' In opposition: 1.48%
Agenda Date: August 25, 1999 Scale: None
s•
c
{
. I
I
II
ho w
N1%
I.r YY1 hM Iy hIr IV, I SUMP
,li L11 uY ura
Jill
~ u~ernlF r rN/r~
Ir .11.x..
ra roar"
♦ US 00
AN"
~qq
• ora nur~irw
/ r I,Ir.
0 &V CAN"
~~~yr~ZlWylrrlw•
Jill Orr.r. V
„ 1hIbN.I rMR nVi.r
R♦ f- .uw. w.~y~w..r~w.
rY \ KES Of S1NO01rN RANCH
NIICOM LAKE)
ru QT~=~rr~r I+
L l.LJ11 LL 7dtlPN 10.19i+rKRIS
r" 1~ / ~ i ` WM "110
•.W X11 1 1
r
1IifI ~ G
d 11111
l~r 11 a1
M. r
■
. LL r ~y y
I \
t
ENCLOSURE 4
ORDINANCE NO.
4
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN APPROVED
DEVELOPMENT PLAN FOR 133A80 ACRES OF LAND CURRENTLY WITHIN PLANNED
DEVELOPMENT DISTRICT TWENTY (PD-20) LOCATED ALONG THE SOUTHEAST SIDE
OF INTERSTATE HIGHWAY 35-E BETWEEN LILLIAN MILLER PARKWAY AND STATE
SCHOOL ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-
99-039)
WHEREAS, Windjammer, LTD. has applied for approval or & Development Plan currently
within Planned Development Twenty (Pd-20) for 133.480 acres of land; and
WHEREAS, on August 25, 1999, the Planning and Zoning Commission recommended
approval of the Development Plan; and
WHEREAS, the City Council finds that the Development Plan will be in compliance with
the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth
Management Strategies and Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the Development Plan of the 133.480 acres of land within Planned
Development District Twenty (PD-20) described in Exhibits A and B, attached hereto and
incorporated by reference herein, is approved, i
SECTION 11. That the City's official zoning map is amended to show the change In zoning
district classification.
SECTION [ff. 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 Y. That this ordinance shall become effective fourteen (14) day's 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 or the date of its passage,
, J
PASSED AND APPROVED this the day of 1998.
d
10.
e
ii
JACK MILLER, MAYOR 4k
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY;
APPROVED AS TO LEGAL FORM;
HERBERT L. PROUTY, CITY ATTORNEY
BY:
J
{ ,fit,,
11.
08/20,00 FR1 11:44 FAX 211 030 0117 C & 8 DALLAS 14002
a
LEGAL DESC(UPTION
133.480 ACRE TRACT
BEING A 133.480 ACRE TRACT OF LAND SITUATED IN THE M.E.P. P.RR. CO.
SURVEY, ABSTRACT N0.950, CITY OF DEMON, DENTON COUNTY, TEXAS, AND
BEING PART OF A CALLED 136.50 ACRE. TRACT OF LAND, CONVEYED TO
WINDIAMMER, LTD. BY DEED RECORDED IN COUNTY CLERK'S FILE NO. 98.
R0093041, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS. SAID 133.480
ACRE TRACT, WITH REFERENCE BEARINO BEING THE NORTH LINE OF THAT
TRACT OF LAND DESCRIBED IN DEED TO WESTMINSTER, LTD., RECORDED IN
COUNTY CLERK'S FILE NO. 97-R0019209, REAL PROPERTY RECORDS, DEMON
COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS;
COMMENCING AT A 3/4" IRON ROD FOUND IN THE SOLITIIWEST PJOHT-OF•WAY
LINE OF INTERSTATE HIGHWAY 35E, A VARIABLE WIDTH RIGHT-OF-WAY, AT THE I
MOST EASTERLY NORTHEAST CORNER OF SAID 13630 ACRE TRACT AND BEING I
THE NORTH CORNER OF A 1.570 ACRE TRACT OF LAND, CONVEYED TO )OSTEN'S,
INC. BY DEED RECORDED IN VOLUME 571, PAGE 39, DEED RECORDS, DENTON
COUNTY, TEXAS;
THENCE NORTH 49 DEGREES 57 MINUMS 22 SECONDS WEST, ALONG THE
NORTHEAST BOUNDARY LINE OF SAID 136.50 ACRE TRACT AND SAID
SOUTHWEST RIGHT-OF-WAY LINE, A DISTANCE OF 200.00 FEET TO A 5/8" IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER 43 BURGESS" SET FOR THE
PONT OF BEGINNING;
THENCE, OVER AND ACROSS SAID 136.50 ACRE TRACT THE FOLLOWING TWO
COURSES AND DISTANCES:
SOLMI 40 DEGREES 02 MINUTES 38 SECONDS WEST, A DISTANCE OF 553.70
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER
& BURGESS" SET FOR CORNER;
SOUTH 49 DEGREES 57 MINUTES 22 SECONDS EAST, A DISTANCE OF 367.32
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED 'CARTER
& BURGESS" SST FOR CORNER ON THE EAST LINE OF SAID 136.50 ACRE
TRACT;
THENCE, SOUTH 02 DEGREES 43 MINUTES 43 SECONDS WEST, ALONG SAID EAST
LINE, A DISTANCE OF 2131.27 FEET TO A 5/8" [RON ROD W4TH YELLOW PLASTIC
CAP STAMPED "CARTER & BURGESS' SET AT A FENCE CORNER POST FOR THE
SOUTHEAST CORNER OF SAID 136.50 ACRE TRACT;
THENCE, SOUTH 89 DEGREES 49 MINUTES 43 SECONDS WEST, ALONG THE SOUTH
` 11. J
J li
r
u
Oli:aiYO "1 11:45 FAa 214 638 0447 C L B DALLAS saooo
BOUNDARY LIMB OF SAID 135.30 ACRE TRACT, A DISTANCE OF 1111.30 FEET TO A
1/24 IRON ROD FOUND FOR CORNER;
THENCE ALONO THE WEST BOUNDARY LINE OF SAID 136.50 ACRE TRACT THE
FOLLOWNG TWO COURSES AND DISTANCES:
NORTH 00 DEOREES 27 MINUTES 31 SECONDS EAST, A DISTANCE OF 191 SAS
FEET TO A 1124 IRON ROD FOUND FOR CORNER;
NORTH 00 DEOREES 36 MINUTES 32 SECONDS EAST, A DISTANCE OF 1113.03
FEET TO A 3/4" CAPPED IRON PIPE FOUND FOR CORNER;
THENCE, SOUTH 89 DEGREES 52 MINUTES 33 SECONDS EAST, A DISTANCE OF
1274.71 FEET TO A I /2" IRON ROD FOUND FOR CORNER;
THWCF. NORTH 40 DEORESS 08 MINUTES 36 SECONDS EAST, A DISTANCE OF
309.47 FEET TO A 1/2" IRON ROD FOUND ON THE AFORESAID NORTHEAST
BOUNDARY LINE OF SAID 136.30 ACRE TRACT AND THE SO(TI4grEST IUGHT.OF.
WAY LINE OF INTERSTATE WORWAY 3513;
THENCE, SOUTH 49 DEGREES 57 MWUTES 22 SECONDS EAST, ALONO SAID
NORTHEAST BOUNDARY LINE AND SAID SOUTHWEST RIGHT-OF-WAY LINK A
DISTANCE OF 726.80 FEET TO THE POINT OF BEOINNING AND CONPAMO
133.480 ACRES OF LAND, MORE OR LESS.
I
i
i
I
13, l+~
dmlmwhwd~
c
ATTACHMENT 2
rage lei Page i23
I required. Setback dull be a minimum of ten fort in 1 mther has been approved by City Council, then the
2 width and contain a minimum of six campy trees and six 2 Planning and Zoning Commission is the ultimate authority
l under•storytries. Buffer yard requiremcrtta maybe used 3 In terms of the detalled plan. Otherwise, the detailed
4 to mat any landscape requlrcrttrnta, 4 plan is recommended by the Planning and Zoning
S MX RtSHEU Second. 5 Commisslon and then goes to City Council,
6 MIL ENGELBAECHT. It's been moved and 6 One thing I did need to point out, since the
T seconded to recommend approval. Any discussion on the 7 staff neon was written we have received three property
1 motion? 1 owners opposed to the request and throe other properly
9 Ms. GGURmie I think %e should have a 9 owners neutral to the request I could either read
10 number four saying It has to be built to his wife's 10 these or pass these out,
l I conditions. I1 MIL ENOELBRECHT: Pass them around I think
II MA.ENGELBRECHT:That' Ipretty general, 11 will be fine,
13 Isn't it? I don't know if Mr, Rocd can enforce that, 13 MA GRAY: I'll let y'all take a look at
14 Any other discussion? If not, vote please. Motion 14 them,
15 carries unanimously. IS MR. ENGELBRECHT: While you're on that, duca
16 M0. BUCHANAN: Thank you very much, 16 that constitute 20 percent opposition?
17 Appreciate it. 17 MIL GRAY; No, it does not. And other than
is MIL ENGELBRECHT Conunlssioners, we've bon 11 that, I'll be happy to answer any questions that you
19 almost an hour and a half Do you want to hear one more 19 might have about this Planned Dn,cloprnent.
20 and take a break or do you want to take a break row? 20 MA- E:GELBRECHT: CommisSloners, questions
21 MS. GOURDIE: One more. 21 for Mr. Gray? &is. Gourdie.
22 MA. ENGELBRECHT: one more, okay. We'll 22 MS. GOURDIE: I just want a clarification.
23 move onto Item No. 9 this evening is hold a public 2) In this development plan, I think a lot of people were
24 hearing and consider making a recommendation to the City 24 contused that this was a zuning case and 1 don't know if
25 Council concerning it development plan for Planned 25 people understand what we're really doing hero.
Page 122 Page 114
1 Development No, 20. The doclopment plan Is the second I MR. GRAY; okay.
2 stage of zoning in a Planned Development. The 136-acre 2 MA BUCEK; well, It is a zoning case.
3 pruNrty is located on the south side of Interstate 35 3 M5. GGL'RDIE; But we're not changing toning.
4 Fart, dircedy west of Brighton Road, and north or the 4 We can't change the zoning and that's what a lot of
5 Q.*nton State School The Planned [luvelopment cum'nily $ these people came here for to see if they could they
6 contains the fallowing land uses Light•Industri al, 6 didn't understand the zoning Issue. 71ey wanted to we
7 Cenral Retail, Office, Multi•Famity, and Single-Family. 7 if this was a zoning case. It's not really like they
8 At this time, I will open the public hearing and I I can go and say we're opposed to this Light-industrial or
9 believe Mr. Gny is going to provide us with the staff 9 the Multi-Family. 71e zoning is where the zoning is.
10 report 10 We're just taking It the step further and showing the
I I MR. GRAY; This is Planned Dcvelapmrnt 20 11 boundary lines.
12 located, as you can sce on the reap, 1.35 Fast, more or 12 M0. EN'GELBRECHT; Well, that dtYSn'1 mean we
13 less across the highway from Mingo Road. This Is the 13 couldn't one. I mean that's our prerogative we have,
14 development plan which is the second stye In the Planned 14 MR DUCEx: You could chap this plan, this
15 IMwelopment process, The cowept plan was previously 15 dcvstopment plan. You can make adjustments to the plan
A approved and now the &vehopct has come up with a 16 tonight What we're saying is if the uses were given,
17 development plan for how he would like that property to I7 and I dun't know say, if them was residential uses
18 be developed 18 or commercial uses shady given, those uses we act but r ,
19 The one thing that reeds to be pointed out 19 you still have all the resign criteria and masonry. You t
20 here is that there is a difference betworn a development 20 can do all those kind of things at this stage if you J'
21 plan and a detailed plan When a development plan is 21 like
22 sppro%ol by City Council, then the developer still needs 22 MS.OOURDIE: We just can't rezone the
23 to provide a detailed plan when he actually begins to 23 propertyl
24 move dirt on this piece of property. However, if the 24 1111 1. Wejust can't ° we can't take
25 detailed plan has born approved the development plan 25 the properly if it's I wish I could if there's
I~ PLANNING & ZONING AUGUST 25, 1900 Page 121 • Page 124
14,
t
I
I
Condenselt''
Page 123 Page 127
1 five uses in there, we couldn't reduce it, say, to three I there also wu a 50-foot setback for all uses and a
3 uses at this point. 2 100-foot setback for some uses.
3 MA ENOELBRECHT: Basically, l suppose you 3 Ms. ooua ig; okay. I guess it's kind of
4 Could rearrange the uses so that you stayed within the 4 hard for me on this one. Mr. McNeill wasn't here for'
5 limits of the acreages that are already assigned. Any S this zoning, So I kind of feel like we don't have
6 other questions for Mr. Gray? Thank you, sir. Is the 6 enough Information to let him know kind of what's going
7 petition or petitioner's reprosentative present? If you T on here. Because If we're able to make changes or a
a would please give us your name and address for the 8 request, if we weren't here for the zoning part of 1%
9 record. 9 it's hard to know the setbacks or what the new people on
10 SIX SIIBLTON Bob Shelton, 3505 Teasley 10 the Board want to we and so forth. So I'm just kind of
I I Lane, Anton, Tease. I tutu the petitioner on it. I am 11 wondering If we all understartd it really wasn't
12 simply here really to answer any questions you might 12 presented with very much information. It waejust kind
13 have We feel like we have net the requlremrnts far the 13 of given to us and said, here, what do y'all want to do
14 development plan at this stage and 1 have Mr. Brad Meyer 14 with this and it kind of leaves me I'm not feeling
13 with Carter and Burgess engineering firm hen to answer 15 confident with the situation.
16 any wbnical questions that you might have. 16 MR. BUCEK: Mr. Gray, one of the things I
17 MIL ENOELBRECHT' Commissioners, arc dare 17 guess Is the development plan has a different criteria
18 any questions for the petitioner or the petitioner's 18 of Information that's requested ouer a cakept plan.
19 enginocring representative? It would appear not. Thank 19 And for staff to recommend approval. I presume that
20 you, sir. Is dare anyone present to speak In favor of 20 means that there Is no conflict between the developm=t
21 this petition? Anyone present to speak in favor or the 21 plan and what was on the concept plan. You did check
22 petition? 22 those things end there Is no conflict bct%w the two?
23 In that case, is there anyone present to 23 Ma OKAY: I was not the person who prepared
24 speak in opposition to the petition? Anyone prcient to 24 this staff report. Of course, the person who prepared
25 speak in opposition to the petition? Seeing no 25 this staff report is no longer a staff member. But
Page 126 Page 128
1 opposition, the rebuttal perlod Is waived and the public I staff reels that the development plan meets the minimum
2 hearing is closed. Mr. Gray, a little difficult to have 2 regviremcnts identified in Seetian 35.175 of the Code of
3 any staff remarks relative to the testimony. Ile you 3 Ordinance and I assume that that would, In the hierarchy
4 have any other staff remarks? 4 that would include.
S SIR. OKAY Not really, other than that staff 5 MR BUCEK: I wasjusl thinking legally it
6 recommends approval of this development plan, 6 would be good on the record if we had maybe bit. Shelton
7 SIR ENOELBRECHT: Any questions for Mr. 7 or someone confirm to us In rcTonx to what you're
8 Gray? 8 saying that nothing In his development plan preempts
9 NIS GOURDIE YCS. I remember this one but 9 anything that was reflected In his concept plan. Would
to it's still kind of faint to tee, There is a wasn't to that do what you reed?
I1 the buffer bctwrcn the light industrial and the I I MS. CK)URDIE I think that would be helpful
12 residential off of to the west? Do you recall what 12 and also just, Thomas, for future if you help us and t
13 that buffer is? 13 know that here It has restricted uses on here. Just
14 kilt DONALDSON; AS I teal l on 6 0 concept 14 show me where it said what the uses are. It's easier
15 plan it actually called out two buffer yards, one I$ for us to see what's allowed versus what's not allowed.
t6 bctwtvn the restricted Light-Industrial and the 16 Ma GRAY: This Is just a list that I
17 residential and the other one between the Multifamily 11 believe was provided as part of the concept plan as to
18 and the residential that's on the east. They had 18 what uses were pmnitted and r"Uirted within the ,
19 different specifications. I'm not seeing it here. 19 Light-Wustrial restricted and Llght•Industrial zoning
20 SIR GRAY: Here is a copy of the Concept 20 districts. And this is actually a few pages. f 1
21 plan I have on-hand that shows it 20-foot landscape 21 Ma ootta=t Mr. Shelton, could you do that
22 buffer yard right here in between the LI restricted and 22 for us, bring us up to record that pretty much what
23 the boundary of the 23 you've Bald to us on the caneepl plan zoning is exactly
24 Ms. Gt1URDIE: That's not Correct, 24 what you've offend to us tonight?
25 MR. DONALDSON: The buffer yard could be • 25 SIX SHELTON: It's exactly the same.
PLANNING & ZONING AUGUST 25, 1990 Page 125 • Page 128
15.
i
C'oedeoaelt"c ,
Page 129 Page 131
1 W.000RDIE: All right. Thank you, Mr. t of six feet in height.
2 Shelton. 2 MIL ENOELBRECHT: That had a width of what?
3 MR. ENGELBRECHT: Appreciate it, Mr, 3 MR. GRAY: Twenty foot.
4 Shelton. 1 believe, Ms. Clourdie, your concern Is with 4 MR. ENOELBRECHT: That may be what that
s the Light-Industrial restricted that backs up to the S dotted line is on the that's shown on the drawing. j
6 Singe-Family? 6 However, It's not in the notes.
7 MS.000RDIE: Yes. 7 MR DONALDSON: 1 think that's probably the
I MR. ENGELBRECHT: Note 4 simply says 1 $0-foot setback there
9 appropriate buffer yards between residential and 9 MR ENGELBRECHT oh, Is that the SQ-fool
1 o non-residential uses shall be determined with the 10 setback line? Okay. At any rate, we can simply make a
i I detailed plan. That's in Note 4 on the right-hand side, I I change to No. 4 and that should handle It according to
12 MS, 000RDtE: Didn't we discuss that in the 12 Mr. Donaldson. Any other questions for staff?
13 that it was supposed to be landscaped to help 13 MS. GOURDIE: so the buffer only has to be
14 SIR. ENOELBRECI IT: Yes. As I recall, when 14 20 fat but it has to have a SO-foot setback before any
13 you brought that during the on the concept plan, IS building can and when it says any building, It means
16 there was considerable discussion I believe with regard 16 clarify for me, does that mean parking or the
I1 to that. 17 building? So he could actually take the puking 30 fact
II MR. DONALDSON: there were two types of II back to right up against the 2C -foot buffer and the
19 buffer yards actually specified on the concept plan, an 19 building has to be 30 fat from the residential line; is
20 A and a B and they had different specifications, One 20 that correct? And do we have requirements about
21 applied to the east side, the other applied to the west 21 lighting and so forth on this property?
22 side. 22 MR. ENGELBRECHr That's stated m Item No.
23 MS. oowmm: Daps that need to be on 23 2, or Note No. 2, 1 should say.
24 MR. DONALDSON: It ought to be that the 24 Ms. oociii E: Okay. Thank you.
23 buffer yards that were approved as part of the concept 2s MR MCNEILL H seems all the questions
Page 130 Page 132
1 plan be included an the devetapnicnt plan. I that Ms. Oourdie Is raising, they're listed hens in the
2 MR. ENarl BREciIT: that would pretty well 2 drawing and then they're also listed here in the notes
3 take cant of it, wouldn't it. if we - in other words, 3 Ms. oovaDIE: well, if you read No. 4 It's
4 we just lake No 4 and simply restate it, that the 4 notlisted, It says it will be determined with the
3 burrLr yards will be as outlined on the concept plan, S detailed plan which is the next step,
6 MR. GRAY, And I do have the buffer yard 6 MR MCNEILL: aul if you look at the drawing
7 rNuircincats here on the concept pion, Iranybody Is 7 over here Isn't that a dotted, dashed lire there, isn't
6 intercited in swing them I that the buffer zone?
1 9 MR. ENGH BRECRT: Do you want to put that up 9 M.S. GOURDIE: Right. But it doesn't state
10 quickly? 10 what's in the buffer zone and that's what we're
I I MR. GRAY: I don't know it w'e can we them I I questioning Is what's In the buffer zone.
12 any further but I'll read them to you Landscape buffer 12 141 MCNFILG That's what your concern is?
13 yard A is betwom single-family midential to the east IS Ms. OouRDtE: All right. 11bank you for
14 and proposed multi-family residential. So I'm assuming 14 dcrining all that for me.
16 it would be over here. A width of IS feel, one canopy 13 MR. ENaFt2IRECIIT: Any other questions for
16 true for each 20 fat or length, one and one half to staff? Mr. Gray, did you have a comment?
11 unukrstory tines for each canopy tree, and a solid 31 MR. GIIAV: I was Just going to ask if staff
is fence a minimum of six fat In height. 11 had any concerns about any particular land uses within
19 Buffer yard B which Is the buffer yard 1 19 Light-Industrial restricted or Light-IndusWal? 4
20 think the Commission is concerned with in between the M MR ENGFLSRECHT: wlether wr did? (f !
21 Light-Industrial rrstricted and the properties over here 21 MR GRAY: Yeah, if you bad any questions.
22 betwain single-family residential to the west and 22 MR MORENO I have a question in that
23 proposed light Industrial is A width of 20 fat, one 23 regard, When you're Lighhfndusuiat restricted, on
24 canopy tree for each IS fort of length, two under-story 24 your map you say that all uses which on allowed in the
25 tmcs for each canopy tree, and a solid fence it minimum 2$ City of Denton except the following and you have a whole
PLANNING & ZONING AUGUST 25, 1999 Page 129 - Page 132
1
c.
CondoosoltD1
Page 133 Page 133
1 litany or things listed there on your map. But what's I with 100-root setback. A restaurant is allowed with
2 Icn over? 3 I DO-fool setback. Retail stores and shops 400 square
3 MR GRAY: What's ICR over? Whatever Is an 3 fat or less, retail stores and shops over 400 square
4 the overhead that doesn't have an X is what's left over. 4 feet, a studio for photographer, musician, artW or
$ Ms, oovxnm And that's really hard to S health, animal clinle or hospital with no outside runs
6 reed, to be honest with you. 6 or pens, a ranch or form for field crops only,
7 MR. MOM*O; was that in our backup? 7 greenhouse or plant nursery, building material sales,
8 MR GRAY, itds is out or the concept plan 6 food store, job printing or rwmpaper printing. A
9 1 can read the.-se off if you're I will go ahead and 9 commercial laundry plant Is allowed with a special use
to read what would you like me to read what is panatted to permit or a specific use permit. Plumbing shop, a
1 I or what is not? 1I fraternity, sorority, lodge or civic club. Mining or
12 Nm ENortostrcHT. what's pertnitW. 12 storage of mInIng wastes Is allowed with a specific use
13 1,13 GOURME In U restricted. 13 permit, And that's 1
14 NIA. GRAY: In LI restricted, one-family 14 MR. ENGELBRECHT: Mr. Moreno.
i) dwelling restricted, dortnitory, boarding or rooming Is MR. MORENO: What was that last one?
16 house, hotel of motel, an gallery or a museum, church 16 MR. GRAY: The last one was a mining or storage of
17 or rectory, college or university or private school, day 17 mining wastes,
18 camp, day nursery or kindergarten school, a hospital for 18 MR. MORENO, Whal's that?
19 general acute care, a hospital for chronic care, 19 MA GRAY: I'm assuming that that would be
20 Institutions of religious or philanthropic nature, 20 ACNIE Brick.
21 public library, monastery or convent, nursing home or 21 M.S. GOURDiE: They're digging up Unicom
22 residents home for the egad, occasional sales, park, 22 Lake using the sediments to do whatever they're doing
23 playground or public community center, a private primary 2) and they're storing it over there until a subsequent
24 or secondary school, a public or denominational school, 24 tine which they choose to close that down.
23 business or trade school, accessary building, private 25 MR. ENGELSRECHT: That came up I think in
Page 134 Page 136
1 community center. Electric substations are allowed with 1 the original concept plan, that was discussed. That was
2 100-foot setback, Temporary field or construction 2 the reason why it was left In, 1 think.
3 office, rirc station or similar public safety building 3 MS. OOURDiE: To Clarify is that they have
4 Gas transmission lines and mclering stations are allowed 4 to come back with a SUP. They just can't do it without
s with 100•foot setback, liome occupation, off-stmt j coming back to us to have %t approved and that's what I
6 parking Ind&knlal to main use, private utility shop or 6 was told.
7 sloragr yard, public building shop yard of govemmcnt, 7 MR. ENGELBRECHT: Any other questions for
8 Let me go onto the next page here Private A Mr. Gray? If not, is there any eommonts or a motion?
9 swimming pool, 1clephon0 business office, telephone line 9 One question, have any of the boundary lines of any of
10 and exchange switching or relay station, an Indoor 10 the zoning districts on this development plan changed
I I comnwrdal center, public or commercial golf course, a I I from the concept plan? In other words, have any lines
12 public play field or stadium, a roller or ice skating 12 moved around?
t) rink, s swim or Tennis club. A gasoline service station 11 MR. DONALDSON; Did you mention that the
14 and new auto parts sales stores arc allowed with 14 three-acre office district is not included In the
15 f 00•focn sctback. Antique shop, retail bakery or is development plan that was Included? That's the only
16 confectionery shop, a cleaning and pressing small shop 16 d,ffelrnee,
17 and pickup, custom personal service shop, drapery, 17 MR, GRAY: Yeah. Here's the throe-acre
18 needlework or weaving shop, florist or garden shop, it office district In the concept plan and here's where it
19 grocnhousc or plant nursery retail, handicraft shop. 19 would be In the development plan.
20 Household appliance service and repair shop is allowed 20 MR. ENGELMUCHT: So It's become General f
21 with 100 foot setback. Sclf-sm toe laundry or 21 Retail?
22 cleaning, mimeograph, stationery, or letter shop, 22 MR. DONALDSON: It's just been excluded.
23 mortuary or funeral parlor, profcssional administrative 2) MR. GRAY: it has been excluded. There's a
24 offices 24 run here that you can see the difference In the two
25 Off-premise sale of bar or wine is allowed 23 litres here that this three-acre area Is Just cut out
PLANNING & ZONING AUGUST 25, 1999 Page 133 • Page 136
17.
t
Condeoseltnr
Page 137 Page 139
I completely, So the boundary ended up being right here, I 4 - well, It's simply as I we it, would eliminate
2 as you can we on the development plan. 2 those and says that we would address that at the
3 MR. ENOELBRECHT: Oh, Okay. I got you. 1 3 detailed plan stage.
4 we. And that was office, 4 MR. AISHEU would you tarn to make a
S MR. GRAY: Uh-huh I also well, let's S friendly motion?
6 sm. Okay. Otherwise, I don't we any changes to the 6 MR. ENGELBAECH7: Okay. I'll make a
1 boundaries. 7 friendly amendment that Note No. 4 simply read that the
6 MA. RISHFL: I have to comment that your 8 buffo yards will be u outlined on the concept plan.
9 orange line drawing here looks like a three-year-olds 9 MR. RISHEU I would accept that,
to conceptual drawing of Texas, exactly. 10 MR. MCNEtLG t wlIt accept that,
I I MS. GOURDIE: W. Bucek, you said that at 11 MR. ENGELBAECHT: Any other discussion an
12 this moment in time, you sold something about detailing I3 the motion? If not, vote please, Motion carries
13 something about restrictions we could say. Maybe I 13 unanimously. And at this time we will break until 9,30.
14 misheard you. I'm not sun what you said we could do. 14 (Break taken)
Is MR. BUCFK: I'm saying what you can do with 15 MR. ENGEI BUCHT, All right, At this time
la lids plan is if there's something In this portion of the 16 we will reconvene the public portion and continue with
17 plan that you have a problem with, you can affect the 17 our next Agenda Item No. 10, that's hold a public
18 plan, You can't affect the uses today, but you can make 18 bearing and consider making a recommendation to City
I9 suggestions for changes to the plan and, tike, what I'm 19 Council regarding the reimIng of a .58 -acre site the
20 saying Is some of the kind of things that I guess we've 20 Planned Development 72 zoning disc lct to a One-Fan ly
21 always said is design kind of things like masonry and 21 Dwelling, sr-7 zoning d strict. The property It located
22 things like that. We may have discussed those in the 22 on the northeast corner of BCH Avenue and Windsor
23 past on the concept plan. I don't remember. But 1 23 Drive The proposal Is to allow the development of
24 assume you could do those same kind of things now. 24 single-fancily housing And I'll ask Mr. Cray to bring
25 MS. MOVE: So this Is the tine, because 1 25 the staff report In this case.
Page 138 Page 140
1 would like I MR. GRAY. In this cage the petitioner would
2 MR. BUCLA: You can do that at the detailed 2 like to rezone the site shown right here at the corner.
3 plan stage, too. 3 The junior high is currently part of the Planned
4 wts.0XIlniE: recause I would like it 4 Nnclopment 72 and the petitioner would like to divide
S sonx-where In there that anything that abuts a S the lot to put single-family houses there. Under the
6 neighborhood has a feeling of that neighborhood, kind of 6 current Planned Mvc1opmcn4 he cannot do that because
7 like what we were doing before that. If you're in 7 the detailed plan that Is approved Is one lot.
6 Light-Industrial, and I realire there's a ton of uses, 6 I'll show you some pictures to get an idea
9 but no metal buildings, things like that that can take 9 of what the site looks like, Tbls is the site
j o away from the esthetics or the neigh' orhoods that 10 looking toward the site from the soutbwest coma of
I t they're up against. I don't know if y'all want to do 11 Bell and Windsor. This is another view of the site from
t2 this now or if you want to wait till the detailed plan 12 the northwest This is the site looking north. INS Is
U but I'm putting it out there. Il the site looking south directly. And there it crosses
14 MA. I:NGEI. uRmHT: Either way, do we have any 14 Bell to the West.
15 other comments or a motion? IS We have had seven responses from the
16 MR RISHEL ell make a motion. I move to It surrounding property owners in fiver of "a zoning
i l neomm rd the approval of Z•99.059 as submitted in the 17 change and there aren't any comments on them. Bull
is Minton Plan, in the development plan Excuse me. is guess I'll go ahead and pan them out. One thing I do
19 NIR MCNEILL Second 19 need to point out is the applicant Informed me he would 4
20 MR ENGEL8aEc1iT: It's been moved and 20 not be able to make it to tonlght's meeting,
v 21 seconded to mommo-nd approval, Is that as submitted or 21 MA ENGEI.BAECHT: And the staff's
22 Is that with the change with regard to the buffer yards 22 recommendation is for approval of the toning change?
21 with Note No. 4? I'm trying to understand. Basically, 23 MR. GlUY Yes.
24 as we discussed, the concept plan laid cut some 24 MR. ENGELBRECHT: Commissioners, are there
23 specifics with regard to buffer yards and this Note No. 2S any questions for Mr. Gray? Since it would appear that
PLANNING & ZONING AUGUST 23, 1999 1 t3 Page 137 • Page 140
ICH LOINOL I vA WJ p11OLar DoumnnaJlnn.
ATTACHMENT 3
ORDINANCE NO,
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT
TO ORDINANCE NO. 98-366 BY ADOPTING A DEVELOPMENT PLAN IN ACCORDANCE
WITH THE CONCEPT PLAN APPROVED BY ORDINANCE NO 98.366 FOR 133.480 ACRES
OF LAND CURRENTLY WITHIN PLANNED DEVELOPMENT DISTRICT T'VENTY (PD-20)
LOCATED ALONG THE SOUTHEAST SIDE OF INTERSTATE HIGHWAY 3!-E BETWEEN
LILLIAN MILLER PARKWAY AND STATE SCHOOL ROAD; PROVIDING FOR A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF S2,OW.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-059).
WHEREAS, Windjammer, L.T.D. has applied for approval of a Developmetd Plan cunently
within Planned Development Twenty (Pd-20) for 133.480 acres of land; and
WHEREAS, on August 25, 1999, the Planning and Zoning Commission recommended
approval of the Development Plan; and
WHEREAS, the City Council finds that the Development Plan will be in compliance with
the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth
Management Strategies and Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the Development Plan of the 133.480 acres of land within Planned
Development District Twenty (PD-20) described in Exhibits A and B, attached hereto and
incorporated by reference herein, is approval.
SECTION 2. That a copy of this ordinance shall be attached to Ordinance No. 98.366 (the
ordinance adopting the Concept Plan for this property) showing the amendment herein approved.
SECTION 3. Thal the provisions of this ordinance as they apply to the acreage showx in the
Developme-t Plan herein approved, shall govern and control over any conflicting provision of
ordinance No. 98.366 but all other provisions of ordinance No. 98.366 riot in conflict with this
amendment, shall continue in force and effect and shall apply to the remainder of said district.
SECTION 4. That any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,C. 0.00. Each day that a provision of this ordinance is
violated shall constitute a separate and distinct offense.
SECTION 5. That this ordinance shall become effective fouri.en (14) days from the date a
of its passage, and O.e City Secretary is hereby directed to cause the caption of this ordinance to be
published lutice in the Denton Record-Chronicle, a daily newr-per published In the City of Denton,
Texas, within ten (10) days of the dal: of its passage.
l
_ _4 19. a
4
u
rca-wuv0uww~QL0w oau.m~nn..,.wa rfoHa
4
PASSED AND APPROVED this the day of 1999
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: {
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:.~
I
f
I
i
I~
{
Page 2
20-
~ I
S
EXHIBIT A
LEGAL DZscwT70N
133.480 ACRE TRACT
BEING A 133.480 ACRE TRACT OF LAND SITUATED IN THE M.E P. A P3LR CO.
SURVEY, ABSTRACT N0.950, CITY OF DENTON, DENTON COUNTY, TEXAS, AND
BE
WINDJAM)vf!El;~ LTD. BY DEED RECORDED IN ING PART OF A CALLED 136.50 ACRE TRACT OF LAND, CONVEYED TO
R0093041, REAL PROPERTY RECORDS, ENTON COUNTY, TEXAS. AID 133.480
ACRE TRACT, WITH REFERENCE BEARINO BEING THE NORTH LINE OF THAT
TRACT OF LAND DESCRIBED IN DEED TO WESTIjNSTER, LTD., RECORDED[
COUNTY CLERK'S FILE NO. 97-R0019209, REAL PROPERTY RECORDS, DENTON
COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCINO AT A 314" IRON ROD FOUND IN THE SOUTHWEST RIGHT-OF-WAY
LINE OF INTERSTATE HIGHWAY 3513, A VARIABLE WIDTH RIGHT-OF-WAY, AT THE
MOST EASTERLY NORTHEAST CORNER OF SAID 136.30 ACRE TRACT AND BEINO
THE NORTH CORNER OF A I,S70 ACRE TRACT OF LAND, CONVEYED TO IOSTEN'S,
INC. BY DEED RECORDED IN VOLUME 571, PAGE 39, DEED RECORDS, DENTON
COUNTY, TEXAS;
THENCE NORTH 49 DEGREES 57I+IINUTES 22 SECONDS WEST, ALONG THE
NORTHEAST BOUNDARY LINE OF SAID 136.50 ACRE TRACT ARID SAID
SOUTHWEST RIGHT-OF-WAY LINE, A DISTANCE OF 200.00 FEET TO A 54" IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER A BURGESS" SET FOR THE
POINT OF BEGINNING;
THENCE, OVER AND ACROSS SAID 136.50 ACRE TRACT THE FOLLOWING TWO
COURSES AND DISTANCES:
SOUTH 40 DEGREES 02 MINUTES 38 SECONDS WEST, A DISTANCE OF S53.70 '
FEET TO A S/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER
A BURGESS" SET FOR CORNER;
SOUTH 49 DEGREES 57 MINUTES 22 SECONDS EAST, A DISTANCE OF 367.32
FEET TO A S/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER
A BURGESS" SET FOR CORNER ON THE EAST LINE OF SAID 136.S0 ACRE
TRACT,
THENCE, SOUTH 02 DEGREES 43 MINUTES 43 SECONDS WEST, ALONG SAID EAST
LINE, A DISTANCE OF 2131.27 FEET TO A 518" IRON ROD WITH YELLOW PLASTIC
CAP STAMPED "CARTER & BURGESS" SET AT A FENCE CORNER POST FOR THE
SOUTHEAST CORNER OF SAID 136.50 ACRE TRACT;
{
THENCE, SOUTH 89 DEGREES 49 MINUTES 43 SECONDS WEST, ALONG THE SOUTH 1 1
21,
r
I
4
t
I
1
EXHIBIT A -
If i
BOUNDARY LINE OF SAID133.50 ACRE TRACT, A DISTANCE OF 1331.30 FEET TO A ,
V24 IRON ROD FOUND FOR CORNER;
TH ENCE,%LONG THE WEST BOUNDARY LINE OF SAID 136.30 ACRE TRACT THE
FOLLOWING TWO COURSES AND DISTANCES:
NORTH 00 DEGREES 27 MINUTES 31 SECONDS EAST, A DISTANCE OF 1915.45
FEET TO A 1 /2" IRON ROD FOUND FOR CORNER;
NORTH 00 DEGREES 36 MINUTES 32 SECONDS EAST, A DISTANCE OF 1113.03
FEET TO A 3/4" CAPPED IRON PIPE FOUND FOR CORNER;
THENCE, SOUTH 39 DEGREES $2 MINUMS SS.SECONDS EAST, A DISTANCE OF
1274.71 FEET TO A Ill" IRON ROD FOUND FOR CORNER;
THENCE, NORTH 40 DEOREBS 03 MINUTES 36 SECONDS EAST, A DISTANCE OF
309.47 FEET TO A 1/2" IRON ROD FOUND ON THE AFORESAID NORTHEAST
BOUNDARY LINE OF SAID 1300 ACRE TRACT AND THE SOUTHWEST klOHT-0F.
WAY LINE OF INTERSTATE HIGHWAY 3SE;
THENCE, SOUTH 49 DEGREES 37 MANTES 22 SECONDS FAST, ALONG SAID
NORTHEAST BOUNDARY LINE AND SAID SOUTHWEST RIGHT-OF-WAY LWE, A
DISTANCE OF 726.110 FEET TO THIS POW OF BEGINNING AND CONTAININO
133.400 ACRES OF LAND, MORE OR LESS.
jj
I
I
i
j
22.
I
i
I
h
3 ICI'
i
~ II
I.rrr[~/r.,lw .r r Nr~ ~ r r r 1
1 -
J'#I r na
1•~1/~ w
~~rstts~s • ur~+r d Ir'111KW OR
11 r r~~
RY w smog"
Nu
A. i M w1 d"nW
awr wrlr
or
• I . jli •M~M/1M
• ,Y
frw R'
I
H
•
H
IMM4Mf 14
'4} lift • L JL"
i ~
fir./r1~•rrIMM
ill •OWOA - .pdrfAr
w
I Data C"tr. WAS
1 , Nam
jIIII ' ..nom
'lM.r calm/p
` . twl 'G
IIHIIIIIIIIII con `.r`Ir
LWAM
_I~ii
• ■ORM
c~
t
t
AGENDA INFORMATION SHEET AQW8No, 9q_ p44
Ajw%% Item it 7,- 1
AGENDA DATE: October 5, 1949 tl+r'
DEPARTMENT: Planning Department
ACM: David Hill, 344-722
SUBJECT-Z-99-053 (neelerRidge)
Continue a public hearing and consider approval of a Concept Plan to zone 168.57 acres as a
Planned Development (PD) zoning district. The property is located between Nowlin Road, F.M.
2181 (Teasley Lane) and Robinson Road. Single-family residential and commercial development
is proposed The Planning and Zoning Commission recommends approval (6-0) with conditions.
I
BACKGROUND
The public hearing was continued from September 21, 1999 to allow the applicant time to confer
with the Denton Independent School District regarding a potcatial school site
I
ATTACHMENTS
1. September 21, 1999 City Council back-up material
I
Respectfully submitted:
Mark Donaldson ,
Assistant Director, Planning and Development
Prepared by:
L Reichhart
Development Review Manager
I
i
I~ I
i
r
I
COVERSHEET
c
AGENDA INFORMATION SHEET LN q1-
-D¢3 -
Date
AGENDA DATE: September 21,1999
DEPARTMENT: Planning Department
ACM: David Hill, 349.7223 /LJ
SUBJECT-Z-99-053 (KeelerRfdge) / i
Hold a public hearing and consider zoning 168.57 acres to a Planned Development (PD) zoning
district. The property is located between Nowlin Road, F.M. 2181 (Teasley Lane) and Robinson
Road. The proposal is to develop the property for single-family residential and commercial use.
The Planning and Zoning Commission recommends approval (6-0) with conditions.
BACKGROUND
The developer is requesting a Planned Development (PD) zoning district classification for this
168.57 acre property. The concept plan (See Attachment 3, Exhibit B) Identifies 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 feel. The
proposed residential densit-y is 4 unites per acre (with a maximum of 628 units). Approximately
18 acres of open space (including floodplain)will be preserved.
Y The subject property Is currently proceeding with annexation (A-89).
➢ The proposed development is consistent with the policies of the 1988 Denton Development
Plan (DDP) as applicable and the 1998 Denton Plan (DP) Policies (See Attachment I -
Comprehensive Plan Analysis section).
I
D Seven (7) property owners were notified of the zoning request and sixteen courtesy notices
were sent on July l5, 1999, No responses have been received.
I
PRIOR ACTION/RF.YI W
The following is a chronology of Z-99-053, commonly known as Wheeler Ridge:
June 28, 1999 Application Date
July 8, 1999 DRC Date
July 28, 1999 P&Z Date (All the revisions to the Development Standards recommende3
by P&Z have been made and are Incorporated in the ordinance as Exhibit
B).
ESTIMATED PROJECT SCHEDULE
{
Prior to any development Detailed Plans will be required to finalize the zoning and the subject
property will need to be platted,
r
S
1
I
FISCAL INFORMATION
Development of this property will increase the assessed value of the city, county, and school
district. Public improvements associated with the development will be paid for by the developer.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (6-0) of this zoning request with
the following conditions:
1. That permitted land uses and development staniards be 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.
2. Building elevations, for all buildings proposed for Tracts 1 and 3, shall be required at the
time of detailed plan submittal. R
3. 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.
4. The Proposed Planned Development District Development Standards (Enclosure 4) be
revised as follows:
1.03 Building Materials: All mess buildings shall have an exterior finish of glass,
stone, stucco, brick, tile, concrete, exterior plywood or similar materials or any
combination thereof. The use of wood as a primary, exterior building material i
shall be limited to a maximum or twenty-five (25) percent of the total exterior i
wall surfaces.
1.12 Land Area Permitted: The amount of acreage permitted in Tract 1 shall not
exceed ten (10) acres 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 elbowsleyebrows may have a minimum width of fifty (50) feet at the
building line; provided all other requirements of this section are fulfilled.
2.06(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 (IS) feet. In
no case shall a garage door opening be any closer than twenty (20) feet to
the right-of-way.
2.07(c). Lot Width: The minimum width of any lot shall not be less than forty-five (45)
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.
2.07(1) Side Yard: The minimum side yard on each side of a lot shall be five (S) feet.
A side yard adjacent to it side street shall not be less than fifteen (IS) feet. In
no case shall a garage door opening be any closer than twenty (20) feet to
the right-of-way. f 1
Note: All the revisions identified in condition 4 have been made to the Planned Development
District Development Standards and are incorporated in the ordinance as Exhibit B.
2.
a
c~
OPTIONS 4
1. Approve as submitted.
2. Approve with conditions.
3. Deny. '
i
4. Postpone consideration.
S. Table item.
I
E
AUACHMENTS
1. Planning and Zoning Commission Report, July 28,1499, Z-99-053.
2. Planning and Zoning Commission minutes from July 28, 1999.
3. Draft Ordinance.
Resp tfully submitted:
U 1-
Mark Donaldson
Assistant Director, Planning and Development
Prepared by:
eichhhaart
Development Review Manager
i '
I
I
3.
i
M
l•
I
ill
ATTACHMENT 1
PLANNING AND ZONING COMMISSION Aper+daFio. _ 99-/d
STAFF REPORT Agenda Aem%&JLr
Subject: Wheeler Ridge Case Number: Z•99-053 8 A-89
Larry Relchhart, Development Review Manager Agenda patQ: July 28, 1999
PURPOSE
Hold a public hearing and consider making a recommendation to the City Council concerning the
Annexation with temporary Agricultural (A) zoning district classification and subsequent Planned
Development (PD) zoning district, The 167.477 acre property is located between Nowlin Road,
F.M. 2181 (Teasley Lane) and Robinson Road in the extraterritorial jurisdiction of the City of
Denton, Texas. The zoning at the time of the annexation will be Agricultural (A). The proposal is
to develop the property for single-family residential and commercial uses.
,
1 r t a s
4.
LOCATION MAP i
Location: Between Nowlin Road, F.M. 2181 (Teasley Lane) and Robinson Road (See Enclosure 1)
Sixe: 167.477 acres
i
2 99-053 (yiy¢elK Ri:%.) $r3r Rem t
4.
i
I
i
Owner/Applicant: Wheeler Ranch, LTD,
6225 Village Creek Drive, Suite 400
Plano, Texas 75093
P1AN[VED DES/EL'OPMENTrzONING'PROGDUESi"~
Planned development zoning districts (PD) are intended to provide for the development of le-
Integral unit for singfe or mixed use In accordance with a plan that may very from the established
regulations of other zoning &strcts forsimllarland 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 most the current needs of the community, and to provide for a development that Is
superior to what could be accomplished in other zoning districts by meeting one or more of the
following purposes:
(1) Provides for the design of lots or building; increased recreation, common or open space for
private or public use; berms, greenbelts, trees, shrubs or other landscaping features;
parking areas, street design or access; or other development plans, amenities or features
that would be of special benefit to the property users or community;
(2) Protects or preserves topographical features, such as trees, seeks, ponds, fkwdplains,
slopes or hills; or
(3) Protects or preserves existing historical buildings, structures, features or places.
f here are three (3) types of plans that may be used in the planned development process; concept
plan, development plan and detelled plan.
CONCEPT PLAN - This plan is intended to be the first step In the PD process for larger or long
term developments. It establishes the most general guidelines, Identifying the land use types,
approximate thoroughfare locations within the boundaries of the district.
DEVELOPMENT PLAN • This plan Is Intended to be used most often as a second step In the
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 Is the fnal step In the process and Is required prior to any
development. For smaller tracts or whe'e final development plans are otherwise known prior
to rezoning, the detailed plan may be used to establish the district and be the only required plan
In the planned development process. It will contain Information specific to the site.
All detailed plans should be in substantial compliance with landscape, sign, subdivision and other
regulations of the Code of Ordinances. When concessions from these regulations are requested by
a developer, there needs to be corresponding benefits that merit deviation from those regulations.
rr
A
C
Y,99 051(whteter ridge) $tam kex4
5.
L
f
The developer is requesting annexation (See 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 tloodplain)will be preserved.
Secti6n'35-17, (GV rat concepkplarp Inf6ir a! 6on)'o,~,the oode,otord~na6ce ident"es the
lnfotr~iasior th3hII 6cd"t'aliled;on~
e` a Co Zep;t 1 e General co, cue t~' a "In~gRnation is .
. .7 P,.... p p
(ntena2dioVici' 8a`ckgro nd nfor ePonfegardin :therequtrern ntso.a.oonceptplan
A general concept p?an 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.
(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 us:.s and the acreage for each use, including open I
space. For residential development, the total number of units and the number of units per
acre.
• Proposed land uses are identified on 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.
j (Showing collector and local streets is optional.)
i 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: l t _
a, Minimum lot area.
b. Minimum lot width and depth,
c. Minimum front, side, and rear yard areas.
d. Maximum height of buildings.
e. Maximum building coverage.
i 2.99-05) (W~eeier Ridge) Sian Report
6.
c
r
I
y
f. Maximum floor to area ratios for nonresidential uses.
g. Minimum parking standards for each general land use.
• The applicant has Identified proposed development standards for this development (See
enclosure 4). The proposed uses and development standards will become part of the
final ordinance.
i
I
(7) Existing conditions. On a scaled map as specified by the department, the f6lowing 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 floodplain, floodway and major drainage ways.
d. City limits and E.U. boundaries,
e. Zoning districts.
f. Land use,
g. Utilitles, Including water, wastewater, and electric lines,
• All required existing conditions are Identified on the concept plan.
(Ord. No. 91-016, § 14 2-5-91)
0IMP,REHFNSIVE .VAN ANALYSIS `1;',i', r! 7 i,s . ,u,?~• w
1988 Denton Development Plan Analysis
The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. {
These areas are Intended to be developed primarily for single family residential development.
Nelghborhoods are to be serviced by a network of small commercial/retall 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 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 OP. (See Enclosure 10)
The proposed PO 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
entities this area as a Neighborhood Center with protection of the 100 year floodplain,
I
f 2.99 M (Wheeler Aid(?.) stag Repa+t
7.
c
c
4,13 Mmy
VIN POAAM AT) D RAW* IN
1, Transportation
A. Trip generation
i
Table 1. Proposed Land Use Trip Generation
Land Use Average Trip Maximum Total Daily
Generation Bulldout Trip
Veneration
DDP' Low Intensity 69 tr)ps/daylac X 16 b areas': 100y50'
:Classification 'Area~..:,:;r.-r`f~': ~rt.•y~..fpf°+•~y .q ~13!'~ k:
Proposed Use Single-Family 9.65 trips/day/unit x 628 homes 6,997
Detached
Proposed Use 1 General Retail 40.67 'x 278,780 sf 19,338
tri s/da 11,000 st
Note Proposed Average Trip Generations provided by the Institute of Transportation Enginears,1991.
• The maximum buildout for commercial was calculated at an average lot coverage of 40 %(assuming 20%
openspace and 40% needed for parking).
Although the proposed development is 174 0% above the allowed capacity identified as a low
intensity area In the 1988 Denton Development 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,
s Teasley Lane and the future FM 2499 are designated as a Primary Major Arterial
e Robinson Road is designated a secondary major arterlal.
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 developer, as a
result of this development.
C. Pedestrian Linkages
Sidewalks along all public streets are required.
2. Ulllitles
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)
t•ss os~ (wncdcr ruege) sr~rt Amon
8.
c
r
c
1 i
I
Drainage and Topography
New development will be required to design and constrim a drainage system to city standards.
A preliminary drainage study will be required with the submission of a preliminary plat. The
study must include calculations of the 100-year storm for all drainage areas on this property
and any area that drains towards this property. The developer must indicate the method by
which the run-off will be carried across the property or stored on the property.
4. Signs
As per the sign ordinance.
6. Landscaping
This property will have to compfywith the new landscape Code, which requires fifteen (1s)
trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area).
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 preservation of fioodplain.
7. Environmental Quality Impacts
No negative environmental Impacts have been Identified.
i'ROPERTY HISTORY 77
. ~s
The subject property Is proceeding with annexation. At the time of annexation the property will
be placed in the Agricultural (A) zoning distrlct and land use classification .
The subject property Is not platted and would need to be platted prior to any development
PU13iM.NO.TICE c ,t r'"'"~"j: ~t .,r,• , „ r
rt Y. +rii, r•, ? ~~sr't. r1'~(!'' t ° iii}~'4,
Notice of the zoning and annexation request was published in the Denton Record-Chronicle on
Sunday July 18, 1999. Seven (7) property owners were notified of the request and sixteen
courtesy notices were sent (See Enclosure 7) on July 16, 1999. As of this writing, there have
been no responses.
A neighborhood meeting has not been scheduled.
~r
Z49 033 (wheeler Ridge) Staff Polvi
- 9.
k
c
t
I
I
hTNS=R0IO.N;i2EC0M, ~~+I-.. Afi...N >G A -Y-97W ~l t r 7..•4
f D ib
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:
MOTION
''cl , , 1', l,Y t f rt s N
I
I move to recommend approval of A-89.
ZONING RECOMMENDATION r
As the proposed development is in substantial compliance with the 1998 Denton Plan Policies 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 2-99-053 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 into the night sky,
2. The Proposed Planned Development District Development Standards (Enclosure 4) be
revised as follows:
5.12 LandArea Permllfed. The amount of acreage permitted In Tract 1 shall not
exceed ten (10) acres 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
elbowsleyebrows may have a minimum width of fifty (50) feet at the building line;
provided all other requirements of this section are fulfilled.
2.06(f) Side Yard: The minimum side yard on each side of a lot shall be rive (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.
2,07(c). Lot Width: The minimum width of any lot shall not be less than forty-five (45) 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 minlmum side yard on each side of a lot shall 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 than twenty (20) feet to the ,
side yard, r I
MOTION
i move to recommend approval of Z•99.053 with the standard lighting condition and the revised
Development Standards as proposed by staff.
2.49 Oi) (`r,ce e' R4i^S Stan Repat
10.
i
.
eyyee~..~. ~a~a[ry{E yy~
_ _ _ _ a~.a~ikecyp9~FU'Rr7 tl'd C
I. Recommend approval as submitted.
2. Recommend approval with conditions.
3. Recommend denial.
4. Postpone consideration.
5. Table Item.
~t,^
Vt~'iLs ka 9''tiFr(rP Vii? ` ` i'~.; 1';
1. Vicinity Map.
2. Prellminery Annexation Assessment and Annexation Schedwe
I Concept Plan
4. Draft Ordinance (with Development Standards)
5. Conceptual Design
8. Zoning Map.
7..200' Property Owner Notification Map.
8. Denton Mobility Map
9. Service Plan
10. Utility Map
11.1998 Denton Plan Matrix.
MOM M'hee:er aope) stiff Repcrt
_ _ 11.
c
ENCLOSURE 1
I
a
. ,09-053 (WHEELER RIDGE N0fjTH
- lop
1~'~ RY
WOOG fl~T[l~~"r r
fie
1 E `i
s
OAKM 0 NT
I •T----]
VICINITY MAP
Agenda Date: July 28, 1999 Scale: None
,o
c
I
f
f
ENC2ASM 2
h
PRELIMINARY ANNEXATION ASSESSMENT
A-91 (Kirby Tract)
Owner/Petitioner: Wheeler Ranch, LTD.
5225 Village Creek Drive, Suite 400
Plano, TX 75093
Location and Size: Between Nowlin Road, F.M. 2181 (Teasley Lane) and
Robinson Road. !
I
Existing Land Use: Undeveloped,
Surrounding Land Use: West: Undeveloped
East: ET3 and Oakmont Community (PD 111)
North: Lakewood Estates
South: Undeveloped ('fop 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 floodplain). i
Analysis: fI
PJ The snbices 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 peritions. South Denton
has been experiencing a great deal growth especially along the Teasley Lane (F.M. 2181)
corridor, this proposed subdivision is an extension of that trend.
h ® Annexation (along with a fulwe corresponding zoning request) will ensure that the city
controls rho zoning and dinvlopment of this property.
PJ The development as proposed will require public improvements. The following is a
preliminary list of those improvements which may be triggered by theplatring process:
1. Right-of-tiny dedication along Teasley Lane, Robinson Roadand Nowlin,
2. Right-of-way dedication for the fiituee extension of. FR 2499.
3. Participation in a traffic signal at Ryan Road and Teasley Lane.
4. Consi'mction of internal streets.
J. Construction of sidewalks along all public streets, t
6, Extension ofpublic utilities to service the development. 4
7. Possible upsizing of existing Granada Ili? station and sewer lines. I 1
8. Installation of fire hydrants.
9. Dedication of public utility easements.
10, Dedication ofthe flood plain area as a drainage easement.
AaO 0rrnminnry Auerlrneni doe
_ 13,
a
{
ANNEXATION SCHEDULE:
WHEELER RIDGE (A•83)
Saturday, July l0'^ Notice published in Denton Reoord-Chronicle for first City Council
public hearing.
Tuesday, July 20"' City Council conducts first public hearing.
• Public notice must be no less than 10 days and no more than
20 days before public hearing.
a Annexation Study prepared and available for public review.
o Service Plan prepared and avallable for public review. f
Sunday, July 1891 Notice published in Denton Record-Chronicle for Planning and
Zoning Commission public hearing.
Wednesday, July 2 Planning and Zoning Commission holds a public hearing and
considers making a recommendation to the City Council regarding
the proposed annexation and the proposed zoning.
• Public notice must be no less than 10 days before public
hearing.
Saturday, July 17w Notice published in Denton Reoord-Chronicle for second City
Council public hearing.
Tuesday, July 27"' City Council conducts second public hearing,
• Public notice must be no less than 10 days and no more than
20 days before public hearing,
Tuesday, August 17th City Council by a four-fifths vote institutes annexation
proceedings,
First readina of annexe {on ordinance
• Action must be more than 20 days after the second pubiic
hearing but less than 40 days from the first public hearing.
Saturday, August 2111 Publication of annexation ordinance In Denton Reoord-Chronicle.
Tuesday, Sept. 216t City Council by a four-fifths vote takes final action. Second
reading and adoption of the annexeUm ordinances. City Council
considers approval of zoning request.
• Council action must be more then 30 days after publication of
ordinance and less than 80 days after council Institute's
annexation proceedings. 14,
c
frr1R4 I I ! T
I I w m W uf.l~ TT
RE L
m relit I I
1
I
er1A ~ Ir1
I /
j / ~ti _ rrrrr
U
H3 JUL 2 1 1999 j
Y/wn i I
PLANNING & DEVE14 MEl,: i
s
I
WHEELER RIDGE
_ - ~ _ ~ u■euw+r■■/lr IIwwA111Y1
1i•11 IrWf UMIM 1■YI ti ■r•N rrr rrr rrr rrrl ry r.. 111M/ hA
I ~ . . ■b 1 ■ r•I V• V W Mr W Irr 111r1 rr Ir .rrl
I /~I I VM Y Y Y Y Y W W IM / r
i
~ / / ♦ 1 w rMrrr L.r rr w r.r r~ r~ r r • r r ~
fr.f/ + rrrrM Irr w r r / r r yl
/ ~r.rr.r+r.tirrM..Yr~rY~...rr.►■r .0 1.0 maol
b p~A~• b twrrr.•~rr.,rrr,.rrrrr.rrwrr►ryY. w.r_rr
1 Lrr 1►1M Ir,.rrr.Mrrr.r.r~4rr■r.rrw■.rrM+IWM
I4 ■ / ~
-I rr■r■rr~nrrrY lrY.■■rrVrYll.Yr1•rr1
I ~ / f I I
✓~wwrr:v Wrrs h11~ _ IYYY}r~rrl~Iw■Y
r...• .r r.w. ~ •n pMi
IL ./.f WHEELER RIDGE
IANODYAMXM11Nt4LtNG nlMAlltnmcr*me Planned Development Distrlet nrn rti
7anI Exhibit and trm;
General Concept Plan
c
i
•'BNCLOOS M 4
DRAF-1.0RDINANCE 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 DEVELOPMENT (PD) ZONING DISTRICT
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 MAXASUM AMOUNT OF $2,000.00 FOR I
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 recommended approval
of the requested change in zoning; and
WHEREAS, the City Council finds that the change in zoning will be In compliance with the
1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management
Strategies and Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
sseTION L That the zoning district classification and use designation of the 167.477 acre
property described in the legal description attached hereto and Incorporated herein as Exhibit A is
changed from Agricultural (A) zoning district classification and use designation to Planned
Development (PD) zoning district classification and use designation under the comprehensive zoning
ordinance of the City of Denton, Texas, subject to the following conditions:
1. That permitted land uses and development standards be restricted to those described In
the Planned Development District Development Standards attached hereto and
incorporated herein by reference as Exhibit A, and allow land uses permitted with a
Specific Ilse Permit in an Commercial (C) zoning district.
SECTION11• That the City's official zoning map is amended to show the change in zoning
district classification
SECTION Ili. 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 1V. That this ordinance shall become effective fourteen (14) days from the date
of its passage, and the City Secretary Is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PAOE 1
16.
cf
I
PASSED AND APPROVED Us the day of 1998. ;
JACK MILLER, MAYOR
ATTEST: JENNIFER WALTE' ` Y SECRETARY
BY:
APPROVED fAAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
I
r
r .
Cl~~ f J,
1
PAGE Z
J7.
i`
EXHIBIT g
WHEELER
RIDGE ~
Planned Development District
Development Standards
Applicant:
Dowdey, Anderson: and Associates, Inc.
Planning and Engineering
5225 Village Creek Parkway
Suite 200
Plano, Texas 75093
(972)93 1 -U94
(972)931.9538 Fax
Owner/Developert
Wheeler Ranch, Ltd.
5225 Village Creek D.ive
Suite 400
Plano, Texas 75093
(972)267-6888 ~p 0 n~
(972) 818.8885 Fax Ud V D
JUL 2 1 1999
Submitted June 28, 1999 PLANNING 3 DEWLOP~AENT
E I
For Review by the City of Denton ' A, ,
Planning and Zoning Commission on July 28, 1999 and
For Review by the Denton City Council on September 21, 1999
f 98064Pdcoveryage72199
18,
r
WHEELER RIDGE
PLANNED DEVELOPMENT DISTRICT STANDARDS
1.0 Planned Development District - Commercial
Tracts 1 and 3
1.01 G1n1ral De uJ91(oa: The Commercial tracts will provide the ability to
encourage and accommodate the development of office, retail and commercial
center(s).
1.02 Permltt d es: All uses identified In Article III, Section 35.77, Use Regulation
Districts, Use of Land and Buildings, of the City of Denton Zoning Ordinance
under the heading of Commercial District (C) shall be permitted within Tracts I
and 3 In the Planned Development District.
1.03 fluildlog Ugertah: All main buildings shall have an exterior finish of glass,
stone, stucco, brick, tile, concrete, exterior wood or similar 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 But ding HeW1ht The maximum permitted height of all buildings within the
commercial tracts of the Planned Development Distri^.t shall be three (3) stories.
1.05 Loaf 1'ard: 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 aide Yard: Side yard requirements for commercial tracts shall be as follows:
a No side yard ahatI be required where commercial structures are to
be attached.
b. A ten (10) foot side yard shall be required where commercial
i structures are to be located adjacent to one another and where
vehicle access is not required.
C. A twenty (20) foot aide yard shall be provided adjacent to single
family residential zoning.
d. A twenty (20) foot side yard shall be provided adjacent to it
dedicated street.
1.07 Rear Yard: Rear yard requirements for commercial tracts shall be" follows:
July 19,1999 I
9Mpd.doc
19.
t
& 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 ore another and where
c Avehicltwenetyac(cess is not required.
• 20) foot rear yard shall be provided adjacent to single
family residential zoning.
d. A twenty-five (25) foot rearyard shall be provided adjacent to a
dedicated street.
1.08 Landscaa Plane; Landscape plans for proposed development areas shall be
submitted in accordance with the City of Denton Landscape Code as it presently I
exists at the time this Planned Development District is approved.
1.09 Screen tt: 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 a 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 shalt be constructed of stone,
brick, or similar materials or any combination thereof.
1.10 Floor to Area Raflo 'at;t;
within the comme- rci- a is shall be 2:1 ~~r Free of 11 buildings located
1.11 1114alredu., Parking shall be provided In accordance with Article Vf,
Section 35-301, Vehicle Parking Regulations of the City of Denton Zoning
Ordinance. Parking shall be permitted within all required yard areas.
1.12 Land Area Pen1ltt d~
s~ S~The amount ofacreage parmi tied in Tract I shall be ten
10) acres net of right-of-ways. The amount of acreage permitted in Tract 3 shall
be six (6) acres net of right-of-ways.
2.0 Planned Development District - Single Family Residential
2,01 S,enrral De crlattoa;
The Residential Tract is intended to accommodate a variety of single family ,
residential uses. The residential units will be comprised of Single Fami[y-7.2
(SF-7.2) and Single Family-6.0 (SF 6.0) products. Development standards for \ +
each of the aforementioned housing types are outlined within this text.
2.02 Permitted Land uses permitted within the PD are as follows:
July 19, 1999
98004pddoc 2
~n
r
k
a. Residential units as described herein.
b. Private or public recreation facilities.
C. Churches/rectories.
d. Schools - pubic, private, or state accredited.
C. Parks, playgrounds and neighborhood recreation facilities including, but
not limited to, swimming pools, clubhouse facilities and tennis courts.
f. Fire stations and public safety facilides.
9. Real estate sales offices during the development and marketing of the
Planned Development.
h. Public streets and private streets.
i. Electronic security facilities including gatehouse and control counter.
J. Accessory buildings and uses customarily incidental to the permitted uses.
k. 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 157 acres). The percentage of Single
Family-6.0 and Single Family-7.2 will vary withla the Planned Development
District, but in no case shall the total number of units within the Planned
Development District exceed (628) units.
2.04 42lrtred WkLgL Pang shall be provided in accordance with Article VI,
Section 35.301, Vehicle Parking Regulations of the City of Denton Zoning
Ordinance.
2.05 Buildin¢ blaterlaL 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, cemenddous fiberboard, or similar materials, 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 ShgIt mltv7 2• Single-Family-7.2 units are a form of single family, detached
housing. This residential We will consist of larger units and lots, having access
and frontage on a public or private street. Building and area requirements are as
follows:
a. Lot Area: The minimum area of any lot shall be seven thousand two
I'
hundred (7,200) square feet
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 j /
accessory buildings. Swimming pools, spas, deck, patios, porches, i
driveways, walks, and other paved areas shall not be included in
determining maximum lot coverage.
MY 19, 1999
9ti0o4pd,doc 3 i
21.
C
C.,
Lot Width: The minimum width of any lot shall not be less than fifty-five . '
(55) feet at the raid-point of the lot depth, 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 mid-point of the lot depth; provided all other
requirements
d. Lot Depth The minimsection are um depth foflanylot shall be one hundred (100)
feet, except that a lot at the terminus of a cul-de-sac or along street
elbows/eyebrows may have a minimum lot depth, measured at mud-point
on front and rear lot lines, of ninety (90) feet; provided all other
requirements of this section arc fulfilled,
e. Fron t Yard: The minimum depth of the front yard shall be twenty (20)
feet. Front porches, roof esves, 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 aside street shall not be less than fifteen (15)
feet.
91 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 one-balf (2
stories, j
2.07 StnQle~ Farl6 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 pemutte4_. in Single-Family-7.2. These
residential units will have access and frontage on a public or private street.
Building and area requirements are as follows:
a. Lot Area: The minimum area of any lot shall be six thousand (6,000)
square feet.
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
accessory buildings. Swimming pools, spas, deck, patios, driveways,
walks, and other paved area shall not be included in determining
maximum lot coverage,
C. Lot N$Idth: The minimum width of any lot shall not be less than forty-
five (45) feet at the mid-point of the lot depth, except that lots at the
terminus of a cul-de-sac or along stmt elbows/eyebrows may have a
minimum width of forty-five (40) feel at the mid-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) 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 f ,
on front and rear lot lines, of ninety (90) feet; provided all other
requirements of this section are fulfilled. r
e• Front Yard: The minimum depth of the front yard shall be twenty (20)
feet. Front porches, roof eaves, chimmeys and other similar architectural
elements may extend Into the front yard.
My 19, 1999
9Mpd,doc
22 j
MISSION
c
f. Side Yard: The minimum side yard on each side of a lot shall be five (S)
feet. Aside yard adjacent to aside street shall not be less than fifteen (IS)
feet,
S.
be a maximum of shall be len (10) feet.
Building Height: Buildings depth
stories.
3.0 Planned Development District - General Conditions
3.01 Coeformance to All Aoolicable Articles of the Dentoe 7~n
Except as amended herein, ttus Planned Development District shall conform to
any and all applicable articles and sections of the Denton Zoning Ordinance, as it
presently exists.
3.02 Ameelty enter: The Developer for the Planned Development District shall
provide for an amenity center which may include, but not be limited to a
satimming pool, cabana, and landscaping to be owned, operated, and maintained
by a property owner's association.
3.03 ,Screenl~/L.andscaoing stop Robtasn Road and Teasley Lane:
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 fence with metal posts, landsc ape planting,
cementitious fencing, masonry walls, living screens or a combination thereof.
3.04 park Laed/Open pace Req Mfr m nt: 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 Planned Development District is approved, en
space shall be approximately 18 acres and shall consist of tree preserve areas
common areas, amenity center site, greenbelt parks, pocket parks, pedestrian/park
connections, landscape buffers, floodplain, electricat/power/atility easements. A
minimum area of park/op e, space, based on the formula provided in Ordinance
No. 98-039, Article III, Section 22.36 (c) shall satisfy all park/open space
requirements of the City of Denton.
3.05 General Concept Plan; A General Concept Plan is hereby attached and made a
prrt of the ordinance. It establishes 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 district,
3.06 Street Tree,: A minimurn of one (1) street tree shall be required on all residential 1
lots within the street parkway.
July 19, 1999
99004pd.doc S
23.
Q
3.07 Sltss!!: Streets and other paved areas within the planned Development District
maybe construMed otconeret0 or asphalt paving. The entrance road from
Teasley Lame to the traffic circle awl consist of a sixty (60) foot right-of--way
with a paved section of thirty-four (34) feet back of curb dimensions (b-b). All
other residential streets within the planned Development District shall consist of a
fifty (50) foot tight-of-way with a twenty-seven (27) foot paving Section. One
way residential streets within the planned Development District Shall consist of
forty-one (41) foot right-of-way with a twenty-one (21) foot paving sections (b-b).
3.08 Malnteaance of Fa M ■;'I'he Owner(s) shall establish, with each pretinrikuy
plat submittal, a property owners association, membership association or other
designation that will be responsible for the improvement and maintenance of all
common area and/or common facilities contained within the area of the
development plan.
1 1
x'5 1 r ~ o
MY 19,1999
9600dpddoc 6
24.
c
I
r
g.
0 u
I ~ w
C~ ~ u
4~ t C-• , JUL 21 1999 D
I / LANNINO & .DEVELOPMENT
WHEELER RIDGE
CONCEPTUAL-DESIGN
Lm Aw AX=EM W- LAUDD6ACN►Mf NlRd M
ANDt~fOfl rAbbC,orC
Mll'ti 0.~ H 11~ MM M W In tw 4r 4n4 Or
ti 4y MIl hr 11O M 1y I.f~ IYr MI
' j
t
f
a
c.
. ,~t~c~svae s , • '
99-053 (WHEELER RIDGE) NORTH
i
~ ~ unt r~-• I
r I ti l l
3Zi•(1.000 / T1 • I
PD- 3 A ~Ics- t s j PO
I
M
.
A
SF-10 TE to
p A
PD•911
A
OAKMONT
e * I
I
ZONING MAP
4
Agenda Date: July 28, 1999 Scale: None
26.
cc, ,
L'nCI,OBURE 7
99.053 (WHEELER RIDGE) NORTH
l
~ L• ~ ~ f~l +S 11+'
f' ♦ IY~11 M^r C 1
~ r
'il tyY j• f!
~+y~1 ~ ~ ~x011
C\ C ~ ~Vrt + ~
0 t 1 * -
,
I
p
200' 500' NOTICE MAP
Agenda Date; July 28, 1999 Scale; IJOnA I
~I
17.
r
ENCLOSURE 8
^9.053 (WHEELER RIDGE) NORTH
r .1 n ~ r 7u 11 M ~ f
J 1
/ Y~ -lr Ity.ti I J.• J
lug
w
SI E
l PTE
>f
I~ .
oAXmoto J
i
i
a I I
DENTON MOBILITY PLAN MAP
i
N Freeways
+ Primary major Arterials
Secondary Major Arterials ,
Collectors r a
I
Agenda Date: July 28, 1999 Scale: None
28.
1
t
ENCLOSORE 9
ANNEXATION SERIIICE PLAN
CASE NUMBER: A-89 (Wheeler Ridge)
AREA: 167A77 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 furnished by or on behalf of the City of
Denton, Texas, at the following levels and in accordance with the following schedule:
A. Police Protection
1. Police service, including patrolling, response to calls, and other routine functions, will
be provided to the property within sixty (60) days after the effective date of the
annexation using existing personnel and equipment.
B. Fire Protection
1. Fire protection (within the limits of existing hydrants) and emergency medical services
will be provided to the property within sixty (60) days after the effective date of the
annexation using existing personnel and equipment.
C. Solid Waste 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. R'aterAl'astewater 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 petsormel 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 j
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 (f;-
annexation using existing personnel and equipment. However, there are no existing
parks, playgrounds, swimming pools, and other recreational facilities in the area.
~ .YV.1mi t u f1rM A'rvlft PAUi,Trw'
29.
r
ANNEXATION SERVICE PLAN J
(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.
H. Library Services
1. Library services will be provided within sixty (60) days after the effective date of the
annexation using existing personnel and equipment.
L Code Enforcement, Building Inspections and Consumer Health Services
1. Code enforcement, building inspections and consumer health services will be provided
within sixty (60) days after the effective date of the annexation using existing personnel
and equipment.
J. Piano Ing and Development Services
L Planning and development services will be provided within sixty (60) days after the
effective date of the annexation using existing personnel and equipment. The Planning
and Development Department currently provides services this property by way of
administration of Chapter 34 of the Code of Ordinances, concerning subdivision and
land development regulations.
K. Capital Improvements Program (CIP)
The CIP of the city is prioritized according to the following guidelines:
(1) Provision of Capital Improvements as compared to other areas will be based on
characteristics of topography, land utilization, population density, magnitude of
problems as related to comparable areas, established technical standards and
professional studies.
(2) The overall cost effectiveness of providing a specific facility or improvement.
The annexed area will be considered for CIP improvements in the upcoming CIP plan. This
property will be considered according to the established guidelines.
30.
c
ENCLOSURE 10 '
99-053 (WHEELER RIDGE NORTH
i
i
21I(~W 000E TES.
1 I TE
E ,
OAKMONT
I
4 '
EXISTING UTILITIES MAP
Hydrants
' Water Line (W. L.)
j
• ' _ Sewer Line (S. L.)
.IJ Elec. Lines
Agenda Date: July 28, 1999 S'iale: None
31.
t
ENCLOSURE 11
I
"he table below provides a summary of the 1998 Denton Plan PolEcles applicable to this project:
Denton Plan
Polity Analysis Summary
DRating vs. Policy
CATAGORY POLICY ~•deY Cor+ ststent
Transportation. Compliments Denton's Larg Ve Thoroughfare Wan. • ~ ••u
X
Promotes Access Management Practices arvs
Optlmi:es ntlons for emergency servbce providers and
other pubrope service providers, x
Promotes pubnc transportation system x
Contributes to the Denton Trans network. x
Stormwater Drainage. Protects I00-year floodpfatn areas In accordance with
Denton's watershed management plant x
Conforms to local subdivision regulatlons. w x
Contributes to reglonat detention fadlit'es. x
Provides for natural rparan erwirorrnent atong floodptain, x
Upgrades exlsU'ng substandard drolnage systems as Infill
and redevelopment occur, x
Water and S-,
Wastewater. Orastr s and maintains property and percale q.
Infrastructure. X
Creates oppartuNty for overslAng water and wastewater t~( l
lines to meet future development demands.
x
Proddes review of proposed water and wastewater
Infrast uctu a to ensure public salty end heal h, x
Promotes Infill Improvements over new line extenslons.i•. X
Elechle
Pravldes Underground electric seMtt for new residentlat
and nonresidential development x
Solid Waste, Prongtes effifent access to ae development for sotld
waste service deN". ;.=+F x
Paris and Recreatlon. Locates Parks and receatlan facilities In accordance with
the Parks and Recreation Strategic Plan I.,•;. x
Enhances parks and meation opportunites for residents, i x
Preserves floodplain for parks and open apace to aid in
noodplain conservatfan efforts. x
Atlows comblning of parks with our puEfic ldlnues. to
achieve cost-effective My" of pudic services. X
Resident al development should dedicate land or fees in .
tleu of land for nelghborhood parks, L< X
EnvfronmentalQuality, Promotes preservation of natural resources. x
Integ ales envrann enw protection wth economic
J growth Ind community devek+p"rit X r
I 4 ,
LZ-99,05) (10eeier R dge) Staff Report
32,
L
r
+E.
i
1998 Denton Plan Policies Analysis (continued)
Denton Plan
Policy Analysis Summary
De-eloprnent Rntlng vs. Poiky
CATAGORY POLICY
Neighborhoods. Provides access to pjblk and cortvrunity "ties for tnrord:<eK r Consisten
raslder>tialneip'rborhoods, r°.3 yAr4~t X
Enco nges a m xtys of land uses that benent residents. x
Protects end preserves suing rwghborhoods• y z s rat
Pronates bkyde and pedestrian traffic wift and e r
between neVtortoods to redua vehbdar W M x
Housing. Provdes a range of hoWng types tMt appeal to dReAng Y;it t?.'r UM s and tndVI" tfe-Wes, UMs x
i and pike nnp of strgledarNy lot slxs, bLMrq Wes, ;,,e ;
x
preserves a flsting housIM Ndudng affordable hoard, q. Z 11,WN'~r}. t'
inaeasa YdIU hadrg axatrtrctioa 4: { + fW,
Economic C.ontr0utes to a " and DHenltlation Ins lasing empi and dtv! yfled ioaP ex omy b w y
expandng the to Sax. raj' r x
Government. Encourages Intergovernn*ntal covdInatbn to prowe
cost-eneNve pubik servioes. yv4 x
Urban D"194, Addresses convmw ty appearance in a cwWehensive + ► Sv
manner, x
Dtverynes arditectural appearance of bunt environment x
Ne4lbohood Inns developrnent #Wd be compaBble to °:•r
with existing land use and buildup
Protects and preserves Denton%ardAecturai, aitunl and
Mstorkar resources, ti "~X Tpr
Enhances N appearance along mayor entranceways, x
Pro tes the preservation or trees and landscaping.
'A x
f Pubtle tmotvement Prov&s an opporbAty for WA opinlon dung the
11 w
f
Ai
I
2.99.053 (Wheeler Ridge) Staff Report
33.
.
Planning and Zoning Commission . Minutes ATTACHMENT 2
July 281999
Page 2 of 3
4. Bold a public hearing and consider approval of the preliminary and final plat of Lots 1 and
2, Block A of Vapa Addition being a replat of Lot 4 and part of Lots 5,8,7,8 in Block 2 of
Greenlee Addition and being 1.928 acres In the E. Puchalski Survey A-998. The 1.028
acre site is located at the southeast Intersection Greenlee Street end 1.35 Service Road.
The property is zoned General Retell (GR). Purpose of the plat Is to alow development of
a hotel and restaurant. (PP-99-035 and FP-99.053, Vapa Addition; Larry R-:'chtiart)
Motion by Susan Apple and seconded by Salty Rishel to approve.
'Discussion of Rem is included In Court Reporter's transcript attached to this set of minutes
(Page 5).
Motion carries 6-0.
OTHER ITEMS FOR CONSfDERATIOIN
5. Consider approval of an exaction variance from Code of Ordinances 34.124(e)(5)(c)
i
concerning the construct on of a concrete plot channel meeting the specifications of the
drainage manual and 34-124 (e)(6)(c) concerning the construction of channel access
roads end ramps. (V-99-011, Dale Hoelting)
Motion by Elizabeth Gourdie and seconded by Susan Apple to approve.
'Discussion of item is included In Court Reporters transcript attached to this set of minutes
(Page 7).
Motion carries 4.1.1 Salty Rishel opposed and Bob Powell abstained
PUBLICHEARING - ZONINCHANGE
6. Hold a public hearing and consider a request for a Specific Use Permit for a private school +
at 1910 E, University Drive. The property Is located on the southeast comer of University
Drive and Nottingham Drive, as Is commonly known as Denton Bible Church. The private
school, however, Is not to be run by the Denton Bible Church. (Z-99-054, Calvary
Preparatory Academy, Wayne Reed)
Motion by Bob Powell and seconded by Jim Engelbrecht to approve with conditions.
'Discussion of Item Is Included in Court Reporters transcript attached to this set of minutes
(Page 51).
No action taken. vote 3.9 Elizabeth Gourdie. Sai1y Rishel and Susan Apple opposed
7. Wheeler Ridge. 167.477 acre property is located between Nowlin Road, F.M. 2161
(Teasley Lane) and Robinson Road in the extraterritorial jurisdiction of the City of Denton,
Texas.
a. Hold e p and consider making a recommendation to the ncl
concerning the Annex mporaryAgdcultural (A isldet ciassificalion. (A.
89, Whe eler Ridge, Larry Reichha r,
~ h
Motion by Salty N ooded by Susan Apple to recom aaDD t 1 "
'Discuy em Is included In Court Reporters Uanscript attached~~this oval to C
set of m nutescil.
(Page 107).
Motion carries 6-0
b. Hold a public hearing and consider making a recommendation to the City Council
/ oonceming rezoning from temporaryAgrkxritural (A) zoning district to a Planned
Development (PD) zoning district. The zoning at the lime of the annexation will be
34.
C
F
i
Planning and Zoning Commiselon FAinutpa -
' Jufy 281999
Page 3 of 3
AgricuCiuel (A). The Proposal Is to develop the property for aingle-family residential and
commercial uses (Z-99-053, Wheeler Ridge, Larry Reichhart)
Motion by Bob Powell and seconded by Elizabeth Gourdie to recommend approval to City
Council.
'Discussion of item is included in Court Reporter's Iranscrtpt attached to this set of minutes
(Page 145).
MPuon ca rtes A
8. o a pu +c ea ng a consider making a recommendation to City CouFerrhor
rding a
proposed concept plan for a Planned Development (PD) zoning district on. ing
2,745.61 acres. The property is generally located at the southwastern a al
sdicUo
n boundaries of the City of Denton, Texas and northeastern sterdtorfal
)u diction of the Town of Northlake, Texas, between 1-35W and F nce Road, and
be n Crawford and Lively. The requested rezoning Is for a P ned Development
zone di ct with approximately 1,926.1 saes of residential, 3 acres of neighborhood
services, acres of outdoor recreation and 14.1 acres o mmunity service with 95.7
acres of stre ROW and parldng. The developer is re sting a Planned Development
(PD) zoning die t classification for a master-planne sort retirement community. (2-
99.044 Robson R Larry Reichhart)
Motion by Susan Apple and a nded by Salty Ris to recommend approval to City Council
Discussion of hem is Included urt Reporter onscdpt attached to this set of minutes
(Page 155),
Motion carries 6-n
E G ~
(This hem will be presented du' g the 7. p.m. dinner break)
9. Recelve a report regarding arks, Rser lion and Open Space, Historle Preservation,
and Maintenance and Enfo emenl sections he draft Comprehensive Plan.
DIRECTOR'S REPORT
10, Council Action.
'Discussion or hem is ciuded in Court Reporters transcript aha ed to this sat of minutes
(Page 220).
it. Future Ad da items.
'Discussion of Item Is Included In Court Reporters transcript attached to IN t of minutas
(Page 220).
,
35.
L
I
con Solt",
t Page 145 R
2 been a pleasure to work with them The Page 147
' y tmdashtod what
3 We're trying to nooompliah here and It's been a good
4 B, bold ■ In that ease, we have Item 3 cxperlence. Thank You.
public hearing noes coader making a 4 MR. ENGELERECHIs Tbank you. Appreciate '
S recommendation to the City Council concerning rezoning 5 time comments. Is that an
6 from temporary agricultural to penned development 6 yone Prrseat who would Like
7 district Zoning at the time or the Sanex4ot will be io favor of tyre peesgain? If you would give
7 us y yoLr our name and address again for the record.
3 agricultural. I MA. FTlEeox: roe Freeman. I live at 4424
9 7be proposal is to develop the property for 9 Glen Oaks Drive In Flower Mound. 1 own the pio"
10 Single family residential and commercial cues. At US to across the street The remarks I made before I think
I1 time I will open the public hearing. And we've already 11 got into this. Again, I think this Is an outstanding
12 received a staff report DO you have an
13 Mr. Rekbhart7 Y8 to $A 12
13 Proposal. And 1 would strongly urge that the toeing be
14 MR REICIGLART: I would just add that the 11 Panted. MR. 15 minutes from the previo'is public hearing would be used 15 anyone else prroett who would ~k like you,
sir. Is than
16 again for this public hearing, also. to speak It favor of
17 MA E~cELBAECIiT: All. right. 16 the petition? Anyone would
else to speak in favor of the 37 petition? In that ease
Who
I I MR. RMCHH"T: I Would recommend that. I I would like to Sp , Is there anyoo the peeatetition?
19 NM ENGELBRECHT: Now, you did have you 19 ~ ~ in opposition
20 had made two cban Yng present to speak opposition p to the petition?
Ses to the stiff momrrteedatiot with 20 Seeing no 0 opposition, rebuttal to waived Public
2l regards to rigbtW.ways striking 21 heart Is closed .Mr. Rei
22 MA RMCHHAAT: Throe changes ms' any other
ENGE 1ART: No.
23 two were the two d8ltt•or-ways frdtotal. The 22 e ya,d to right- 23 Nix
24 of-way and the third was striking 3.07 roads. 24 questions for r staff Commissioners, or a rcany
gt4 , comme comroents. , or motion?
MR. FNGELEAECHT: Correct 2S Me. GOVR M I'd make the motion, but I
Page 146 Pape 14
1 MA. DONACmsoN: And we had a suggestion to 1 don't even want to go there. 1 baveo't a cute what ~
2 strike the ad;ective "main' from main buildings. In 1.03. 2 we're supposed to say. It's just way too much Any
3 MR POWEtt: 0% another suggestion if 1 3 of bra:•c Bmb?
4 may, that the roofs of all the buildings be pitched with 4
S a minimum of 6 and 12. MA POWECtr I'm Certainly ma against j
S making a motion. I just don't know wbere it ix I'm
6 AIR ENGELBAECHT: That's In the commercial? 6 lost hat
7 MA POWECL Correct. 7 MR ENGELBAMCHT: Well, Its on
I MR D:GELsRECHT; Well, I'd give you an I It's the later Part of the zonIr pap 7.
9 opportunity to just - Soy other questions for staff? 9 And it has Items I and 2pare, 8 d on 9.06F and
10 If not, we'll . We changed on 2.06E and
1, 10 2.07F. 76e last two words wee stricken and to their
MR RFJCWWtT: tat I make one suggestion? I I place of 'side yard" wss written'rigbt-of way,- 7beo
12 We could do the roof pitch or we could require 12 than wordd be a coodidon 3 to atril e
13 elevations prior to say detailed plan approval. And 1) And then there would be a 4, which would aobil a the word
14 then you could take a look at exactly Kbat's being 14 'malo" from paragraph 1.03. Doa that pretty well get
15 proposed. 17 It, Mr. Donaldson?
16 MR POWEttj I like that better. 16 MA. DONAUMN; And then A fifth to require ~
17 MR. ENGELDRECTr: Yeah, more flexibility. 17 elevations, if any, detailed plan submittal for Me r '
16 All right, Any other questions for eAM MAY. It 16 commercial zoning district d' '
19 tot, I know the pcaticoa Is here, Would you care to 19 MR. At9HECr clarification. Door the ! r
20 make any comments with regard to the PD.? You've heard 20 strildre of the word "aide " II some suggested than to the staff yd and right of way
Ies report and f didn t 21 apply to 2.06 as well as 2.07F?
22 know if Ivu vnkd to make any comment 23 MA ENGELgMOM Yes.
23 MR. A7.tikl3m: We appreciate everything that 23 Mfr POWELL I hope i can get Us right
24 staff has done. In all fiuness to them, they have horn 24 I'm going to try to make it simple. 1 move W recd orneod
23 real progressive ouH hat And al's bcem -It's really 2S approval of 7x99.033 with the standard lag dt
P1,ANNING & ZONING NLY 28, 1999 - 36,
Pegg 145 • Pegs 148
i
COadenseIt'r
Y. Page 145 11 Page 141 x
I MR PNOEIBRECtrrr Any disassdoo on the t bees a pleasure to wall with them. They understand what
t' -atioo7 Ali in favor Man your right band. Motion 2 we're trying to accomplish here cod It's been a good
nits umaelmously. Okay. In.that case, we have Item 3 experience. Thank you.
4 B. bold a public hearing and consider making a 4 MIL ElaOETBum. Thank you. Appuoctate
5 . recommendation to the Qty Council concerning rezoning 3 those comments. Is there anyone present who would Lace
6 from temporary agricultural to planned development 6 to speak to rs%mr or this petition? 11 you would give
7 district Zoning at the time or the aanexation will be 7 to your name and address again for the record.
S agricultural 8 MIL FREiRkN: toe FmemwL I live at 4424
9 The proposal is to develop the property for 9 Olen Oaks Drive In Flower Mouod. I own the pioycrv
0 single family residential and comuercial uses . At this 10 across CA street. The remarks 3 made before 1 thick
I time I will open the public bearing. And we've already 11 gat Into Us. AS" I think this Is an outstanding
12 received a staff report Do you have anything to add, 13 proposal. And 1 would strongly orge that the zoning be
13 W. Relchbart? 13 granted
14 MA REICHHART: t would just el that the 14 m;L Lroamcn. Thank you, air. Is there
15 minutes from the previous public bearing would be used 15 anyone else present whQ would like to speak 1a favor of
16 again for this public bearing, also. 16 the petition? Anyoo else to speak rn favor of the
17 MIL ENGELBREM. All right. 17 petition? In that eau, 11 them anyone present who
18 MA REICHWT: t would recoo mend that it would like to speak in opposition to the petition?
19 MIA ESO'_tBRECNT: Now, you d,d have - you 19 Anyone presaot to speak is opposition to the petition?
20 had made two changes in the staff rccommendation with 20 Seeing no opposition, rebuttal is waived Public
21 regards to right-of-ways striking 21 hearing Is closed Mr. Rckcblurt, any other comments?
22 MR. RMCHHART: Three 6&nm total. The 22 MR. FUUCH 4ART: No.
23 two were the two right-of-ways from aide yard to right- 23 MR. V~GEIBRECKT: COmmisslooers, any
24 or•way and the third was striking 3.07 roads. 24 questions for staff, comments, or a motion?
MR. VtGELBRECHT: correct 25 M& comm. rd make the motion, but I
Page 146 Page 14
1 MA DONALDSON: And we had a suggestion to 1 don't even want to go thee. I haven't a clue what '
2 strike the adjective `main" from mako buildings to 1.03. 2 we're supposed to say. it's just way too much. Any
3 MR. POWELL• Oh, another ilggestioa if 1 3 other brave soul? Bob?
4 may, that the roots or all the buildings be pitched with 4 MA POWMir I'm certainly not against
3 a minimum or 6 and 12, 3 making a motion. I jusf don't know where It it. I'm
6 MR. ENOEtBUCHT: That's in the commercial? 6 lost here.
7 MR. POw•EL4 Cormt 7 MA LN-GEUREC'NT: well, it's 00 page 7.
8 MR. MEtBRECHT; Well, I'd give you an 8 L's the lava part or the page toxins recommendation.
9 opporiumity to just any other questions for staff? 9 And It has Items i and 2. We changed on 2.06F and
10 If nor, we'kl 10 2.07F. The tut two wads were stricken and In their
I1 MR. PMOU ART: Can I make one ruggestiou? I I place of 4& yard" was written'rlgbt-of way., They
12 We could do the roof pitch or we could require N there would be a condition 3 to strike paragraph 3.6.
13 elevations prior to any detailed plan approval. And 13 And thee that would be a 4, which would strike the word
14 theo you could take a look at exactly what's being 14 "male" from paragraph 1.03. Does that pretty well get
IS proposed. 15 I%1&Donaldson?
16 MR. POWELtu I like that better. 16 MA DONAIDSON: Aad then t, fifth to require
17 MR. FNGEtBAECHT, Yeah, more flexibility. L7 elevoticas, If any, detailed plao submittal for the
18 Ali right. Any other questions fa staff? Okay. If l8 commercial tooing district A r
19 not, I know the petitioner Is hat, Would you ere to 19 MIL R1attru Clarification. Does the j N
1
10 make any comments with regard to the P.D.? You've heard 20 striking or the word 'side yard" and "right-of-way,
some suggested changes to the stag report and I didn't 21 apply to 2.06 as weU as 2.0717
22 know V you wanted to make any comment 22 MIL V40EUREM: Yes.
23 MR. ANDERSON: We appreciate My'thlog that 23 MR. MEW I hope I can get this right
24 staff has done. In all fairness to slum, they have beam 24 I'm going to try to make it simple. I move to eecommeod
23 real progressive out bare. And it's been It's really 23 approval of 7OH53 with the standard lighting
PLANNiNO do ZOMNO JULY 28r 1999 • 37. Page 145 • Page 148
t
Condenselt"
k
: P a g e 149 ~ Page I S I
I condition and the revised development standards as ' 1 those, wben we walked one that did not have strew
2 proposed by staff with the changes recommended by the 2 tro 1, wbere you have ytwr typical street You have
:balrmeo and by Mark Donaldson. 3 you sidewalks. And then the people put a tree half way.
4 MS. GOURDIE aecood. 4 betw'an therr home and a street. We saw those street
S MR. FNGEtBRECH7r ft's been moved sod S saps. And it looks lire an oaem of either asphalt or
6 seconded to recommend approval with the conditions. Any 6 coocrete. 'that's one of the fallacies that wbea people
7 discussion on the motion? Ms. Apple. 7 say that development doesn't put any trees bscl, it's
b W. A1'rLi. Oust want to gay I'll be 8 because we lave such a large wide swath through there
9 voting to favor of the motion.' And 1 am very Impressed 9 of public improvements with co greenery In It So ws
10 with what y'RU have presented to us tonight And I to didn't really want to do that And that was a blg
I 1 hope that will follow through the whole process, t I push. Wbat we want to do and incorporate into our plao,
12 MR. E•NGELB RECHT: Ms. Gourdie. 12 was we wanted to put a mtairoomi of one street tree Per
13 W. GOVRntE: Ijust want to say 1 drive by 13 lot We all it ■ street tree because it would be a
14 this property all of the time and that was another one 14 tree that would be between the back of curb and the
IS that I have bees looking at going, wow, it's going to go 15 sidewalk, even if that means putting an easement and
16 someday. And I was very saddened by that, but tv ;,e 16 putting It back. What we were requestius coming forward
17 that y'aU arc preserving a flood phahn that •esily 17 Is Is we do a lot of communities that have alleys.
18 doesm't exist and to sec that you're rn of those 18 There's many Communities getting away from alleys. This
19 beautiful oak troy that i just that's i vbcm my bout 19 is kind of a twist for Dcnton to go to alleys from where
20 was sinking to think those were going U be gone, and 20 all the others. Coppeti Is a city 1 have done probably
21 y'atl preserved it. And to also am that you ins'rad 21 35 subdivisions In. • And the last five or six
22 of putting houses up against Teasley, y Q made it a 22 subdivisions have gone away from that And the problem
23 rand, which I think is just very intuitir a and a smart 23 with them Is something you raced to take into
I24 tlunp, to do, and 1 hope that we're able to take some of 24 consideration is one, you do lose some kind of
the ideas that you've all presented here and put them 23 sensitivity towards your nelghborbood I Eve In an
Page 150 Page 152
1 into roam development. So 1 appreciate you opening i alley serve. I know r ry neighbors wben they open their
2 the door to a new way of swing things. And I hope that 2 garage door behir+d me. And that's something you
3 we an continue a good groca trend around bere. Thank 3 socially you need to kind of take into consideration.
4 you. 4 The second thing is wbeo you have the alleys, we choked
S MA Dr'GetBREcrrr; Mr. Moreno. S in Coppcll for aC example, 7o percent of the crime was
6 NIX MOMO Question along those lines. In 6 committed in the alleys because the criminal drives his
7 preserving that line of oak tress as well as the greens 7 car. He pulls up, ducks up Into your driveway. No
8 areas, wEl the developer get any credit toward park I ewe's home. No one's on the Strata Patrolling It And
9 land dedication? 9 then someone goes around front, knocks on the front
10 Mrs REICNHART, Yes, If ft's privately 10 door, nobody answers the door, boom, you've got a direct
11 owned, be can get up to 50 percent credit depending upon I t stuns in, Bcfore we made The decision to go alley, no
12 the amenities. And I would assume they'd have more than 12 alley, in that community, that was an element we took
13 Como amenities, 13 Into consideration. And that IS something that the
14 MA. MOReIP. Okay. Tbank you, Good. 14 pollee told us and so we have rant bad any problems with
1 S MX 040Et1RECNT: Mr. Powell. I S that. There's other cities, South lake, Flown Mound,
Id Mk rouatu I would Eke to comment that 16 et esters that don't want item That's the character of r
I7 this was a quality way of getting the message across to 17 their particular community. I lice the character of r '
I3 the Piannias and Zoning CommicsIon. What I'm trying to 16 your community, the way it V with this. r
I9 say to you is you made a good presco aticm, AM 1 19 What we' were asking for on this was whoa
23 appreciate that 20 staff was lesalog toward very narrow streets with
MR RUCHHART: The applicant haft requested 21 alleys, we wanted to - we lilted the narrowness, a
41 to speak regarding the roads if be may. 22 little bit narrowed street, bemuse it tightens that up.
23 Mkt JumEmoer. Once again, I keep colas back 23 We want to push the sidewalks back s4dy tighten it
24 to the maakr plens that we weot and looked at and one N up, but we didn't want to go In extreme messines. So we
21 of the elements that was very Interesting wben w'0 saw 23 looked at what Piano and what Datlm used for their
PLANNING & ZONING JULY 28,1999 38, Page 149 • Page 152
COOdeoaelt:r" '
1 typlc d city street and that's the narrowest that ere Page 153 -
2 wanted to go down Itio 60 You eadd still have ) Any other disoadot on the mouton? All In Pap ] 5S
traffic in and out **ith em The adequate 2 favor MIX your tight bend motion carries
4 1 said, we want to incorporate tract env. But like . 3 ~~y
5 'avast to d that for corporate the sheet tree. And we 4
o
6 h■ve 1 Our typical shat And then we S
one other unique situation N Is the area wbere to
7 uve have the grorabdt that runs in the total northlsouth 6 bef we begin? All right. Let's take rive
takm
8 wheue you have the tromp frontIrii it. We ldnd of watt 7 reak
3
9 to make it like Swiss Aveou e' in Dallas a Unto bit 8 aELaRECFrr: okay. Co
10 where you have the ona•wa 9 everyone All 00°s'
y traffic going back end ft At this ' 1'U reconvene 4
11 but it's not like a typical thor 20 the public hearie And we'll mo on to Agenda item
12 lot wider and stuff. O1'fam because it's a 11 No. 8, is to hold a p 'c d consider making a
13 Arid so what we wanted to do on that was to 12 reconsmcbWoo to Ci regarding a Proposed
14 go ahead and up front establish a criteria which was a 1) concept plea for a pL0 dry district enaompasslng
15 21 foot back to back a eset is a One-way 1 2,745.5 acres. The p y located at the
16 gd that out of the way and have an u n c direction and 15 southwestern extraterrt jut! 'lion boundaries of
11 thea we had a typical eoUector street as we came inin And 16 the City of Dentoo and to 17 jurisdiction of the extraterritorial
18 But the way we've land Planned our property!: there of North Irk axes between
19 will be as parking on that road as you eater into the 18 1.33 and Florence and between ofd and LtveIy
20 property. So with that sai(, what we were es l9 Roads. The req rrraaina Is for a asking for is 20 de. rlopmmt d with approxl matel
21 on the entry road, we want a 34 back to back, 13 foot 21 reside om 3 y 1'9 acres of
22 parkways. 1i'e'lI have taodsape strips on either side as cm of nei8ltborhood sema 2
23 you see in s typist section. And the road that's 2I seep Cr ou Mcreatioo sad t4 acres of co try
N adjacent to when the post _ 23 service, th 95.7 acres of ghats, right of•way and
developer gequ toa planned
one way to each the direction s mad then on e a typ a1 it 2s parklog. Thor is
development district cisssifiution ion for a master planned
1 bereotiai Stine gaga ]S4
S the glamors only want to go to 27 1 sorthettrernent Page 151
2 whM staff was going smaller r than that. Our censer. Is ty. At this time I will open
7 is if you go smaller than that le going
are 2 ublic baseless. And Mr. Retchhart, I bcUeve, is
4 of one side visitors arc goEtg to park 00 One side of ) go in provide to with the staff report.
s the road or the other. I dida't want is situation where 4 RE100MT: Thank you. Tonlght u
6 if you've got homes facing each other that everybody 5 the tlstrd we've had On this appUeatlo I'd
7 Parks like you put a "ao parks sign up on one 6 like to take ore lisle bit of housekeep'
8 side, so If my neighbor across the street Is having 7 During the b I handed out an adden to the staff
9 people over at big house, ever 8 report and 1 also cut a revised book that
tb e0 it always parking g Just can be subrti fa the extort' tt0etbat you
10 front of my house. Every now ca'~d y
would be kind 10
1 t of nice for them to have. This we 8« y and addresses the
park
12 That' In front of their owe house. 11 comments that were I ed the ruff report
That's the other reason why we don't reaUy to 12 '
1) narrow the abuts anymo avast
re thane 27 foot. And that wv 1) M0. WCEL8RECtt,, red?
14 our request. , Met RFJCIIHART: Well, the comments
1 S MR. EN6ELBttECHT; t jug! Wanted to a that N to r!d%"M the Ones v""t tined to address our
16 1 don't believe any of the changes tail any impact on an IS original t4mnenU. a had comments on those.
I7 of that in that I rata Y I6 Th1g Is the c 00 of 1111 of the the most r
may he wrong, big. Donaldson.
IB 17 up to date that we have. The dam to the j
1.sR GOMALDSON: No. We certainly w • ,
19 thaw u itimately being able to do that. We simply aren't 19 ~ wheat addresses the final p Oct, which
20 prepared to do It now with the ecaoept plan, °f the report thud You've gotten t.
20
NJl 2NCEtbRECH7•: And I jtut wanted to add, And a addendum addresses them to the revistoas
•a given this is a planned development, the Ida is for 21 this proposing to that. We also have
2) creativity and if You digggree with s 22 wire faxed In today that 1 just want to get to
bring your argument ln, You know, t to aff, feel free to 23 record We have a kner from Bob and Betty
I4 1 , that's 24 and
IS the basic purpose as I see it for a pi), they the Che
ail owners of ianghorn Wcry, d
PLANNING & 20NIN(i JULY 28, 1499 2) ~Y AM ve y mtsrh 1. lever of this appliadoa, We
+ 39. Page .153 - Page IS6 l+
J ,
i
t
i
Planning and Zoning Commis ion Minutes
July 1999
Page 3
4. Hold a p hearing and consider approval of the preliminary and final plat of Lots 1 a
2, Block A o a Addition being a replat of Lot 4 and part of Lots 6,6,7,8 In Block
Greenlee Additi nd being 1.928 acres in the E. Puchalskl SurveyA-998. Th 28
acre slte is located a southeast Intersection Greenlee Street and 1-35 S ce Road. ,
The property is Toned era[ Retail (OR). Purpose of the' plat is to ell evelopment of
a hotel and restaurant ( 9-035 and FP-99.053, Vapa Addition; Relchtiart)
i
Motion by Susan Apple and seconde Salty Rishel to approve,
'Discussion of item Is Indudad in Court rter's transcript att ed to this set of minutes
(Page 6).
Mmio carries 6-0
OTHER ITEMS FOR CONSIDER RATIO
6. Consider approval of an exaction vadan om a of Ordinances 34.124(e)(5)(c)
concerning the constructlon of awn pilot cho I meeting the specifications of the
dralnage manual and 34.124 (e){6 conceming the structlon of channel access
roads and ramps. (V-99-011, D oelting)
Motion by Elizabeth Gourdie a econded by Susan Apple to op e.
'Discussion of item is includ In Court Reporter's transcript attache this set of minutes
(Page 7).
oti carries 4-1. , t ishel o ose d b Powell abs acne
1?UBLIC E -20 1 0 C t3
6, Hold a p Ic hearing end consider a request for a Specific Use Permit fo private school
at 191 University Drive. The property is located on the southeast come i University
Driv nd Nottingham Drive, as is commonly known as Denton Bible Church. he pdvale
is ol, `,owever, Is not to be run by the Denton Bible Church. (Z-99-054, Coly
reparatory Academy, Wayne Reed)
otion by Bob Powell and seconded by Jim Engelbrecht to approve with conditions.
Discussion of Item Is Included In Court Reporter's transcript attached to this eel of minute
(Page 61).
p1o a do lake vo a 3-3. c
7. Wheeler Ridge. 167.477 acre property is located between Nowlin Road, F.M. 2181
(Teasley Lane) and Robinson Road in the extraterdtodal lwisdiction of the City of Denton.
Texas.
a, Hold a public hearing and consider making a recommendation to the City Council
concerning the Annexation with temporary Agricultural (A) zoning district classification. (A•
89, Wheeler Ridge, Larry Relchhart) '
Motion by Salty Rishet and seconded by Susan Apple to recommend approval to City County.
'Discussion of Item Is Included in Court Reporter's transcripR attached to this set of minutes
(Page 107).
1~1~c~tmles 8.0 ~
b, Ho nslder making a recommendation to the Cit C
concerning rezoning from tern armed
Development ng at e r annexation will be
Condenselt"r
: Page IOS p ~ 7
I part of the suz. if they don't met the c ,
aoditioas, 1 would you like to twice 10 e're
Oey can get the "pulled or be fined, by the way. = going to take utes
MA REED: Ibe MY staff would go out there 3 MR' 611CU of the
1 if a reason, a call or U D Prooeas,
they were Ids! ' 4 Qte vote will be cond action by the P alt Z
s the si te to check if they were In compli if s MA : And aw. forward
6 they saw a Ilion, they would give them 6 to Think you.
7 opportunity to back In eooformance then visit 7 (1301sAdaso
8 the site again to a sure that they ' It. U they I MR. ExcELaRECHT: Item No. 7 w'bhcb Is
9 did not, scale, a cita would be at that time 9 Wheeler Ridge, 167.4 awe property located between
10 and we could bring it b to P and City Council. 10 Nowlin Road„ no i i t, and Roblason Road in the
I I M MORENO. I Those comments arc 1 i extraterritorial jurisdiction. Hello. Somebody pushed
12 very helpful. U something somewhere. Thank you. 1Ve're oe Agenda item
13 MR MELBRE : t)tlxr mments, 13 7, there's two putt. The fast is to hold a public
14 Commissioners? 11 want to one statement 14 bearing and consider making a recommendation to the City
I s before we call for vote. Obviously, seconded It IS Cotmcil coooerning the annexation with temporary
I s 1 will be voting Ivor or the motion. ve fat In 16 Agricultural zoning classif radon. At this time I'U
17 all the doors b . 1 recognize tbexe em be oblems 17 opea the pubtic hearing. Mr. Relchhart will provide us
Is with the hoe residents particularly those that ack up is with the SWf report. Sir.
19 more so t the ones across University. I a a 19 Mk RuCMWT: Thank you. U I could, at
20 private ool in a selling very similar to this to 20 the asme time we'll roll right into the proposed coocept
21 of roblems we had over the years always was 'th 21 plan public bearing, if you will, too, for the zoning.
22 eighbors. And there wzs co requirement for fee s 22 7bey're Interrelated. • We are lool&j at 167.471 acre
2) d there weren't any or what they were were minim d 23 site, it is in one of the southern, southeastern
14 it didn't work. I think that eight foot fence Is very 24 portion of the City. Will you get the overhead, please?
Important 2S And just to point out, this I.s Teasley Iran running
Page 106 Page 101
I l like to see all forms of education, I along here. 71ils area Is currently going through a
2 p lie, private and others, and that's the part about 2 number of annexation requests. Reccotly, we heard thls
3 this at I like. I do have some concerns a/Ocs
3 site right here which was Top or the Rill Subdivision.
4 much owth and I thinly the 150 limit sorcare 4 W
e're now looking at this site tonlghL In the war
S of that p blem. And with that 1'd shut u s future you'd be Sctio annexation requests for the
6 MR. EICHHART, If I may, I jus ad one 6 site adjacent » to the east or this site cud a little
7 thought Ls 1 s listening to the deb and if I may 7 further south We're dewing filling In the bola as cox
8 1
us um
in, e
J us of the u+od;tiP o with the eight foot 8 proceed further south So this is almost a natural
9 tens extendia
g and what a consider the liunits of 9 r oa of ro
p ot P pertia that are being requested to be
10 the Sup, there are a umber 0
ring cues, typically, 10 annexed
11 where we require or 'te rovvnocnts whether It's 11 As we took at the annexatioo. In the prcket
12 regarding the traffic, g ]am, drainage, any of 12 there's a schedule of public hearings associated witb
I I those issues, because oblem created by the new I3 this and also a service plan and all lndicatioas to•date
14 condition goes f than 1 the site to we make the 14 indicate that all public services, fire, libraries,
15 Applicants mitigat at. An that's one of the reasons IS police, utilities, will be sufGcicotly be able to
16 to extend the f further th 16 service this site when it Is annexed
17 MR, IN L13RECHT: Oka Well, 11hU we've 17 Associated with the annexation the applicant '
I I got It cowre 'thin the SUP, Oka Any other 18 has requested a to zoning for this site. And here's a 1
! r
19 discussion All fa favor c the mo a raise your right 19 little blow-up or the site. We're toohdng at three
20 hand, 0 ed same sign. 20 outs associated through the whole site. Tract I,
21 . GOURDIE: d
31 werslook'
OPPox tng up ben in the northwest coma of the
22 M. RISHEL: Opposed 22 site Is looking to be a comuerdal-odented waing. The
23 MS. APPLE: Opposed. 23 Iowa tract is also looking at commercial. I should
14 MR. ENOELBRECIM 7hrce to three. otion U point out at WA time that Collins through the ponw
j 2$ tails for a lack of a majority. Next Item.. 21 is the proposed extendon of DU499 coming right through
PLANNING & ZONING JULY 28, 1999 41. Page I05 • Page IN
C
Coa4teasellt1le
P 109 " ~ t
I here, this portion of the site. And bere'i the fotwe I Policies, and, again. with the added deslg0 coctrots p 111
7 Mobility Plan. You an am that cutting right Wotgh 2 that wo pi through the next phase of the detail desipt
r cornea of this site and the applicant Is propoing a 3 that would be rcquthcd for rooiog, staff does reeommend,
a commercial use In that cater of the aim. The 4 approval
s =At der or the aim would be seddena'd and we do S There are a concha of conditions and 1'd
S have some flood plains associated with this Site in 6 like to go through thM cub one wpamteiy. The
7 through here, also. 7 first Wag that the L'r%dng condition, if tbere are
6 Very quickly, this is the conceptual &dp 3 commercial proper4r i the site, lighting on the • k.
9 as being proposed I'll let the applicant explain this 9 property should be designed and maintained so as cot to
3 a little bit more In depth. What we're looking at Is a 10 shlae on or otherwise disturb surrounding residcotial
1 series of parks, geenbelts, open space areas throughout l t property or to sh Ine and project upward to prevent the
2 the residential portion of the site associated with the 12 diffusion Into the night sky.
3 existing trees and flood plains that an on the site. 13 And then the proposed plan development
4 Agaln, this Is a eonnept plan that we're iooking to 14 district development standards, they were the Enclosure
S recommend approval to the City Council. is 4 In the staff report, should be revised as follows: in
6 The concept plea as submitted does have 16 1. 12. lead area permitted, the amount of acreage
7 meet all the requirements as set forth In the code. Our 17 permitted in Tract I• shall cot exceed 10 acres. We'd
8 analysis rinds that the proposed development to be i8 like to add that not exceed portion as we discussed with
9 consistent with the policies and somewhat consistent 19 the applicant Should not exceed 10 acres, there was
0 with the trip Intensity standards of the 'g8 Denton 20 some discussion wbeo they were at rac that they weren't
1 Development Plan. It is also oonsistcnl with the 21 sure of the total aueage, Quite hoot stly, it will
2 policies of the 198 Denton Plan and the Growth 22 probably go less but we're setting the cap at 10 acres,
I Management Plan. And also the proposed land uses are 23 but that did not exceed 10 acres.
A also consistent with the drag Dentoo Comprehensive Plan 24 MA ENOEURECHT: staff report says six,
hIch Identifies this area as a neighborhood center and 25 correct?
Page 110 Page 112
1 further with the protection of the flood plain, which as 1 MR. KEXH HART. Tract 1 is 10. For Tract 3,
2 we go through the conceptual design does protect the 2 stall not exceed six acres. Tract 1, again, was the
3 flood plains. 3 northwestern tract 2.06(e), lot width, the minimum lot
MR. ENGELBRECHT: Could 1 interrupt you just
4 width of any lot "loot be less than SS feet at the
S a moment? Are you giving us the staff report rot both s building line except oat lots at the terminus or
6 7a and 7b? 6 cull'do-sao or along street eibo%sleyebrows may have a
7 MR. REICHHARTr Both 7a and 7b, yeah. 7 minimum tot width of 30 fat at the building line,
6 MR. ENQEUAECHTr we only have the public 8 provided all other requirements of this section are
9 hearing for 7a at the moment and that's okay. 1 just 9 fulfilled: 11 you'll took at what vas proposed. It said
10 want to let the Commissloners know where wro are on that 10 PI the median of the lot or somcthlq like that and It t
t 1 NIX REICHKART: Maybe I di dolt make myself 11 was very subjective bow that would be measured so we'd
12 clear but I thought I said I'd roll tight to to that. 12 like It measured at the building line.
13 MR. ENOEtattECHT. You may bave and I missed 1) Side yards, the tnlnlmum aide yard on each
14 It 14 side or a lot than be Ave fat A aide yard adjsoeot
13 MR. §MCHHART: That's okay. 13 to a side street shall cot be less than 13 fat And
16 MA. ErioEL gRECHT! Okay. l6 we'd like to add is to case shall a garage door opening
17 M0. REICHHART: The notiep, there were 17 be any closer than 20 fat to the - we originally had i r
I6 seven property owners that were notified, 16 courtesy I8 aide yard, we'd like to cb&W that to the right-of-way.
19 notices were sent regarding the annexation and the 19 And that 20 feet of the garage, it gives you room to
20 200109. Regarding the aanexatioc, as the proposed 20 park a car. If the side setback Is 13 fat, we'd just
levelopment Is in substantial compliance with the 198 21 like to make sun that the garage opening Itself is 20
2. Denton Plan Policies and Growth Management Plan Pad with 22 fat back. And that's the same for 2.07 and the lot
2) the draft Comprehensive Plan, staff reoommeods approval 23 width for 2.07(x) is the s= requirement that we'd like
24 of A•89. Aod tegarding the zoning rocommeodadca, Sian 24 to add for building lines. The applicant has bbl=
23 because it Is in compUmoe with the above-mentioned 23 down the development stsndards into two area and they
PLANNINQ & ZONING JULY 28, 1999 42. Page 109• • Page 112
c
commseltr
page 113 Page 11 S
MOW to the different lot widths that are being • . I mart: concrete site plans that we're looking at and
maybe
nroposed in that zoning. And, again, they coo to Into 7 there's certain building elevations that are more
it a little bit more In depth 3 critical aim others.
And dso one that we'd like to add, to 4 The amount of building materials, Aaff
t additional cooditioo we'd like to add Is on page 21 or S looked at that at a positive u opposed to just oailiog
i their proposal. We'd like to remove Section 3.07 which 6 oa: building material down and that they are looking r
I Is the roads section. And the team for that Is the 7 a wide range of building materials that would be
I Denton Comprehensive Plan has sddrsssed roads to that 8 compaote with whatever Is happening In eunromdiog .
) there will be times, especially with Waller lots, where 9 areas. So thu's why we didn't alter it. We can - .
) we may be able to allow smaller than normal street 10 obviously, you have the ability to reduce the amount or
t sectioos, require less pavement. But In order to do 11 wend, strike that coapictely and analyze it at the
2 tbat, we'd require an *111"y In back of the houses so 17 detailed plan pbase. j
3 we would have basically backloaded houses. The reduced I S F: .t usttEU 1 (lank one of the things we're
4 road then would get the parking in the back alloy. The 14 trying to look to in our future planning In the City of
S applicant Is proposing to reduce the road widths, but at 15 Dcotoo Is ways to promote more permanent-type buildings
6 the came 6 me, they have not really shown any alleyways is as oppwd to 20-year buildings that we sx under metal
7 in the concept plan. Now, botti or these, the reduced 17 buU=g type of structures. So I'm looking for a way
s road widths and alleyways can also be addressed In the is to eehuee that desire that we'd like to have in our
9 detail plan when they come forward with that. But at 19 community, particularly things that art along major
:O this brae we'd just like to strike that whole section. 20 highways for us and thoroughfares
I I went over the majority of this fairly 21 Under the next thIng right there, and it's
?2 quickly. If there are my specifte queetims that f can 22 more of a polat of Interest or a question for you, the
t3 answer, I'd be happy to do that now. 23 1.04, building beiAts, three-stories, Is there a
24 FIH. SVGELBEtECHT: Questions? hL- Risher,. 14 requirement when we talk about stories with regard to
Mkt. RlsttEU Uadcr my page 16 which leads 25 overall belgbt or it building. In our touictiow that
Page 114 Page 1 t.
I out Wheeler Ridge under your Section 1.03, this is t we have? Is there anything that limits to 42 foot or 38
2 talking about commercial Tracts I and 3; is that 2 foot?
7 correct? 3 MX DG\AIDSON: In the Zoning Code, a story
4 MR. REICHHART: Correct 4 is denied either as the distance between a !loon and
S MR. RISHEL: Okay. I'm a little bit S ailing or 11.6 feet or 11.5 fed,
6 concerned about the broadness that we've made the 6 im tusHEu to it defines Itself. Oka/.
7 building materials under this and It says, all main 7 Thank you.
8 buildings shall have an exterior finish of glass, stone, s 3,m tao\Atm : tuck to 1.03, building
9 stucco, brick, tile, concrete, exterior wood, or similar 9 materials, they r wifcally do not mention metal.
10 material in any combination dv.eof. I doo't think so MR usHEtr Thank you.
I I wv%r ever done anythtag that broad. 1'd Me to see a I L FIR eONALMOM: You meo8oned maul as being
12 higher concentration of less wood and more stucco, 11 one of those things that we don't want.
13 brick, tile, and concrete. I3 FIR Roc omTr stone, stucco, brick tile,
14 MR. REICHHART: You can change that 14 and coecrete, the majority of those could probably be
is MR. RISHEL: is touts an oversight or Is ills 15 considered masonry. So cox are locking at those as betas
16 something that we're mo+ing toward? I6 more ora pumment
17 MR. RMCHHART: No, 1 think staff looked at 17 F,m mmu rm more concerned about the I +
18 that, one, as a limitation of 25 perceoI of total 11 wood part and the auintensece that's required on that 4
19 exterior wall stuface as being the wood style. Tbat 19 and the fact that It may at may not be malotalned to be t
20 left 75 percent being glass, brick, masonry, and stone, 20 the visual we'd Ile to sec In o r community,
which are similar to what we typically have been 2 i M L sum. Let me be sure I'm clear. What
z i requiring on buildings and somtimes 100 percent and 22 you're say! tg Is they could have worded this that the
)3 sometimes it's more. We could say at a minimum 25 23 building eitcrials be 73 percent muoury.
24 percent or at a maximum of 25 percent and that could 24 Mrs Itf CMUT, YA they could have.
25 always be revised at the detail plan whoa we have some 23 FIR POWSW sir. dokmaa
PLANNING & ZONTNO JULY 28,1999 . 43 . , Page 113, • Page 116
t.
t
I ~
t
• t^ondenseTtr'r • ' I
Page 117 Page 119
1 MR. EN0LMR f-. Let mm - I just want to I plan addresses that a little bit, too. 1 mesa - and
t interrupt, an admtnistradve note. If you'ro pushing 2 there may come a time when we cin't provide zevioet to
rut speaker buttons, this isn't worldrig• It's off 3 a aile tad we won't tax" It because we Can't I don't
4 again. I noticed, Mr• Moreno, l think you had a 4 know if that's t year off, five years off, or what but
S question. 3 that may happen.
6 MR. MORENO. Yes, I do. 6 Mx sucm And T might comment, the new
7 Mgt. ENOELBRECHT. Okay. It's on tilain. All 7 annexation laws take effect September 1. On a service
6 Aiahf. It's ore train. I plan almost all services have to be provided within
9 t cat MJQENJ: 1 have a question to regards to 9 seven years under the old role before you could annex
o the amoexudon service plan which is page 26 or 1o And that's been lowered. I'm thlnldng It's four years,
1 Enclosure !r. Given all the annexations that we've been it So to other words, we ='I even come forth wills a plan
2 facing, are we complying with what we an saying we'll 12 In the future unless we say we can do it in that period.
3 comply with on a service plan? 11 But you're right, in this here we're way under the seven
4 1. A. RPICHHART: Yes. Every tL-c we get an 14 lean but it looks like lilt all automatic,
.S Annexation request, we do a request for a-vices and it is m EN.=aA.ECHT, rd just litre to latedect
6 r,,xs out to the utilities, the police, the fire, h5^+ry 16 cost question. Is this a voluntary or involuntary?
systems, parks, and all those departmeots reply L.:k to 17 MA REICKHART: This is A voluntary
is us i s to how they are what they're typical response 1st annexation.
19 time would be for an emergency call, if they're going to 19 MR. ExoctsstEcsn Thank you. Mr. Poweti,
20 have to put on additional staff in order to mat those 20 MR. towEt u octllriE back to page 16, item
' i response times, will we have adequate parks In the area 21 1.01. I'm wondering wby the word "male" is there sad
2 z to service this site, and ail those type of issues are 22 sot just all buU&ss. Why do we ay "all main
23 addressed prior to going to eho first reading of the 23 buildings"? Are there some euxllitry buildings w.
24 ordinance. 24 should be worried sbm
MR. MORENa I can see possibly h police or 23 MA. RErCHWTi There may be. • Ne can strike
Page 118 Page 120
1 fire protection is needed out there within 60 days after I 'main" and 1,4A say r!! buldings.
2 the effective date of the annexation. I can see us 2 MR towEitr I would prefer to, Of course,
3 probably complying with that But what about solid 3 wbether we put that in it motion, I don't know, but
4 waste collection and water and waste water facilities? 4 personally I'd prefer to get that word 'main' out of
s Can wY do that? 5 here and If we're going to have a criteria, I think It
6 MR REICHHART: There are utilities It 6 should effect sU of the buildings, not Just, quote,
7 wou!dn't be our responsibility now to bring utilitles. 7 main buildings.
` I I mean, as the development gas forward, it's the 6 atR ENOELBRM M okay. Ma. Gourdie.
9 applicant's responsibili ty to bring ut have utilities 9 Ms. oouRDm Thank you. I have a quesdom
D In the area, it's their responsibility to bring them j o coaaroing Tract l with the commercial property. You
1 I Into the site. We have enough capacity in our system to I I said it was is there lay problem with the strip
12 service this site. Okay? We're mot going to be taking 12 commercial sense bappening with that piece of property
13 the water main out to this light Our system has emcugh l1 right to the I don't know, to that south or north to
114 capacity to service that site. 14 Limed?
is MA MORENO. I guess basically 1 was IS MR RE HHA1tTr Noruy it's north of this,
16 concerned about what kind of burdens we would be puttiog 16 Ms.00MIE: I think It's west for some ~
17 upon the di fferent departments within the City of 17 retsm.
18 Not Yo, but you have addressed those with the 11 MR ARICHWrt we have site control, f'.
J 19 departments. l9 badally, over the detalled plan. And at this phase con
Io MA P FICAHMT: 0h, I means, there's 20 could prvmote other type of develop menu as opposed to
letu%itely coauro about additional staffing that's 2! strip development I'm not sun bow we would tam t6a
t. gotog to be required for all the - even solid waste 12 but when a detailed plan Is brought forward, it would
43 pick up and ail the departments. Taut is a concern. 23 say strip development and doesn't mat certain criteria,
14 And as we look forward to future annexation plans and 24 the elm dkounge that type of development,
15 how we're going to grow and, again, the comprehensive 2S Ms, oomm. Also I.Illiso Miller sod
PLANNITIO & ZONING IMY 28t 1999 44. ~ Page M, • Page 120
t
1
I
CAOii salts"
P
1 Taaley Lane has been settle $ rooedent co" LO 121 Page 127
6 P the I farce on scat poets.
2 way the buildings have been being built with pitched 2 MR. IENG .8RECNrr on page 17, 1.097
VON and, r aalo, with the masonry Issue and so forth 3 MR. Rncmwi*3 3 don't think - I mean,
I'm just " arlous, there's nothing, at least I an't find 4 that could be interpreted st the time tf a detailed plan
S about a pitched root S and that could be left up to
6 MA. PMCHNARTr We can oeft ly ask the 6 MR. RISHEU with a poured connate wall or
7 applicant what tbey'ro thinklag 11 00 that and that is 7 a cart concrete or coocrete block, would those all be
! something that we can defmttciy put it these controls 8 similar-type materials under our classification now?
9 that v e add 4 on 1I pitched roofs, minimum 9 . MA REtCHHUTI well, wider a strict '
to Ms, COMM, I just kind of got the fealins 10 definltlot of masonry, ya, they world be. But under an
11 that since we started that precedent and aerywe's bees I1 interpretation of brick or atone or other similar t
1 t using this as the showcase 12 mated &I. it could be classified on a look And we
13 Mil MELBRECBT; To i. In charuW .,?Jtb I3 coed prohibit block.
14 the residential ceighhorboods. 14 MX R7SHEL Rlgbl I guess my question Is
17 Ms. 0005 MILL, We're always saying this is 13 It looks likes cementations board Is becoming
16 how we make neighborhoods distinguished Were they ever 16 cement-type material so I'm worry about the wood look
I 17 offered the I guts were they ever offered the 17 here and does R comply or does It cot comply.
I! 18 initial one that everyone's boo passing down a they I I MR. RmcHHAAn i would think with the
19 bead south down Teuley7 If Just kind of goes from one 19 applicant, and the applicant can answer this for
20 developer to the othr. Sol guess they &do's know 20 themselves, but with the proposal being a brick or stone
I I about it or 21 or other material, I think they're looking for certain
22 MR. REtcKwT: it's probably an oversight. 22 design control sad a resign look that they're trying to
23 MS. GOMM That's rice. 1 wsls just 13 promote through the whole subdivision and that will come
24 curious. Thank you. 14 through a Little bit more with their presewilloe. And
MR. DONALDSO`t: Again, this is a concept 25 I think they're trying to tie In sad they have bridges
Page 122 Page 11
I plan before any development A detailed plan has to be I and walkways and different things that they're proposing E
I approved at which time we could sce elc•; stioos. We may 2 throughout the whole subdivision that maybe with those
3 decide that a fiat roof locks good. 3 graphics in their presentation tonight would become a
4 MR a26HEL Question. Carrying your 4 little bit clam in what they're trylag to promote.
S formula through on heights, on page 20 tinder the S Yes, that does lave it open to a little bit more
6 residential section, It talks about structures belts as 6 broader interprttation sod we can eilmrrate that to say
7 high as two and a half stone., As I carry through that 7 not to include certain materials if the applicant and
8 11.5 factor and I'm trying to get a half a story so I'm 8 Commission come to some agreement or something.
9 at sine or so, I'm just guessing, 11.5 and 111 It 9 m usuu 1'd like io bear from them,
10 might be 29 foot of height for a building and I'm teeing 10 That's fine. Thank you.
I1 you m ght have of a ricer house that might have a l l MIL ENOELBRECHT. No questions? Page 20,
12 14/12 pitch and a lot of that would be roof structure. 12 No. 3.03, It ba to do with the screetIng along Robiosm
13 MA wrALDsom the height sbose the plats 11 Road and Teasley Lane. Obviously, a variety of
14 line is treasured at the midpoint beM ors the plate line 14 materials were all". I will go to my standard
1S and the ridge, so there Is some IlexlblUty to there. I IS gwAot about the coo tioulty of the view. Does that
16 don't recall the exact language but I can gel It. 16 vim that we an just mix it all up through there in say r
I7 MA RLSHEU I'm just maki08 sure we hm a l7 form or fashi x per lot or is there some standard across
18 enough Rea tbtlity for the builder to do the quality of 18 the 11 1)
19 house that he wants to do. And under - bcN= the - 19 MA. REIC AkRTr 1 think, with my 4EscussI00
20 the screcning wall between the separation between the 20 with the a, yLcaot, they're looking to put Id one style
commercial property and the raldeotial property, l we 21 of fence along there but I don't think every other lot
. that that Is spelled out at stone or brick and those are 12 Is going - when you're going to find ooe, you know,
23 the only two eriteris we have In there, or similar 21 wood fence, ooe metal fence, one wood fees. 1 think
24 materials. flow art we Interpreting aim lace muteriais st 24 they're going to be looking at doing some type of a
2S this point in time in our - there won't sty wooden 2S design theme and agile, durtng the detail phase we can
PLANNING & ZONING JULY 28,1999 45, 121- Page 124
Page
t CondelisellN
I can nail ills lot will have A B 0 Pope 12S P880 1
ill have this allows for a wider rap. nd C.Two lot t Some acaVkws nd r'Y want open more Sec itif t of 2 while We're herle. DM the 1 w got to sslr' at 4ueotioo 27
provide some more Some they gl'I want to s ai the State put that tr0fic
6 M~ t OEtBREC in Okay. Va r 1 tad? gnat In or do wo have to pay for the boring under the
f
MR. RLSHEL: Are ~ crepe $
7 mynlo clause sve have nos swan of the crepe p UX SALMON: Well, the City
a Pay for most of that The Ci Y has to
y MR RBIC0tor: VII make them aware, 7 most of that ty (Prot+blcallyP+Y for
BNOELBRECy7: Any other q 1 ~ ENOELBRECHT: Oka,
uestions for
to staft7 9 coos! Y Thata oIn
I I MS. APPLE l haveox doable, f would suspect g 8 to be
? , 10
MA MX SALMON: Yeah, a traffic si
. ENOELB RgCHT: Oka t1 course that's a 8raf of
7 MS. APPLE: 1 want to Y' Ms. Apple. 11 sway a tralrre si
a pears and ask a traffic lust completely switch 17 typical four-way lnters"60n is about $100 for a
i traffic Impact anal ql'tion and f know it Iays the 21 00
urig platting or MX ENOELBRECHT: Thank you.
s dn rio will be done down the road NS• APPLE: Thank You ~
Prior toplatting. But f IJ MR ENOELBRECHT. rYmuch,
I lust concerned because !know w now it's very ass I' in 16 4'p Powell.
the tamer questions for alaff7
turn off of Ryan Road onto no Teasley. difficult to 17 day where There are times of 18 aliow oMoe?
MIL WELL. Traci 1, eomnxrcia), will that
ralaule Just you literally ill nit there for maybe 15 19
greatig b turn anwd the density of this would 20 U' aREtc ght nowlt
Y impact that Are there +a HHART: Rl
have to address this Y " and David may rl MR POWELL- but asking would.
whether that
coming up; red "9111 ate there any future thlags Particular zoning would allow offices.
feel better about thar7 or anything that would make me 2 r1 aL REICHHART; Yes, it does.
W POWELL: ?hank
MA, AEICtiHART; 1 can let David 74 4 MR EN03 You,
answer that, a! LBRECHT; You. K fn Other questions? Thank
d, tssiontn
But 1 know the htr;c analysis that Is requited Page 126 eep min Corara • we're actually on
Es taking lnto account wb+ddr'tlooal laaes may be t 7a whicb Is Page 128
requited for left turnip8 a on all of It +o°ezatioo. We pot the staff rem
those type of isnrA . r~El:t tunlog aucklog, and Petitioner or i
And I'll let David I hPRse°tative Petitfona a
I'M ApptF; Thera s r ty atecicinp !'m 4 and busioeas Pteseot7 [ u would give w your came
ti orried about it ate zen of +ddmss for the record and If
PP~e. 3 "Pedite the next public hearin you want to
MR SALMON: Yeah, what a ahead and fill us in oo you might Just so
cur:re. Obviously, as Part of t>v I.Arlyjutt Mid lopmeotwu 7 aanexuion and the the information
with regard to
ms's golnp to have to be some additional 1 :oning, as well,
' e particiy have been having level lam' 9 Is Bill Anderson. 1, r: Okay. Mr, Chairman, my name
ments ong Tfts* 10 1 m with Dowd% Anderson and
Inc Participate in traffic Signal imp
all
that will be part of the formula when t I WAssoelatea ww re a civil engineering firm to Dallas.
It and they'll have to have a uaflie lm ~Y come Into 1I Wand e've been ~8 0. tbis Prolai for several months
determDne what the r impact analysis t7 ever began a layout or anything else on
be, Participation amounts arc gclag 14 tb Property' my silent whlcb Is Eyteey Devel
However Company wanted to do so opnrent
s know a one Piece of news I I I And we dr ax~g that was fairly tm1
bout this ev t0lnS w guess 1 can let
16 that wootrd y the are; he found a plane of proputl4ue.
dy at Ryan R ee recently did a warrant b Pu+sue, which bee r
]toad and Teasley [sae and It doss warrant 17 Particular proper y h' hick happened to be this
940 real ~
any
goal. a hvt forwarded that ioformarioo 10 the 11 >kU b we came L. FWd looked at what the city bid
sand we 10 on 'ai at RY+o Road and T Will be kclop a tr+ffic 20 that t natter Plan to it's ~ %t totally coincidental
U alley is the very near future. tea gat that we re trying to comply with It its
IS. ArrLE oh bless your leart That's 21 because we started with the
+s " I feured with your know3 rI tried to work within the f given lafar ud wed taco
rt have something that m th1 ° that you ramework tau that was I
r somet wits ev make feel a Utde 21 given. We met with the County, %I met with
_``wyrhinp out them Th+ak the City, and basically this piece of roPar
nN0 & 20NIN0 I you tS see hem ~'a a tree lift properly that you
ULY 28,1999 that rams in this
t
1
i
• tt^oadenaeTtTM
I rfirectIom and it's a Page 129 Page 131
predominantly p~ osks. Our I those differeat commtmides. stepping off lots, seeing
1 •v perieoce In development is you can have true 2 the Integrate things because it you read any of your
l naoocs, you can do Ole mlopmeot; but it's extremely 3 National publiadow, those are the type of communities
t difficult to work around a post oak true. It's Just 4 that they try to highlight. The good oewa 1;1 guess,
S kind of a unique tree. So what also made us very unique $ Is we are doing some things right in Texas. 1 mean,
6 is tbu'a an old pood and It's only about two or three 6 when you go and look at a lot of their communitick
1 or four fat deep so it's not a quality pond. But this 7 they've actually got names that we use to Dallas and '
I area G calque that It's a loci thin area and that was I such and a lot of their land plat aing, et cetera. But
9 something that wan wanted to h Ighlight. It's also on a 9 what we did notice down them is they have a tot of
o ridge sod so It's not coincidental that that ridge is 10 pocket parks. They like to use that concept. And, of
I Involved In the name because that is part of the 1 I course, amenities an popular anywhere. That's fine.
2 element. 12 With this Particular plan we wanted to come
3 Anyway, that was real Important that we saw 13 in and our main entrance for marketing reasons to either
4 the cbarWer of the land that we had to work with In 14 going to be Robinsoo or Teasley. We feel tiles Teasley
S the beghming before we started dolog any land plans. 15 will give us the rise that we're looking for off of
6 Dn addition, there's an existing pond here and there's 16 them and it gets to the ridge where we want to put an
1 an existing pond here that the Whaler family worked 17 amenity tenter. We Incorporated that round circle as a
I with ova the yean and creatrd. So in our planning we 16 traffic circle. That was really as a disctwion with
9 me wanted to Incorporate that. Technically, It's to a 19 the staff, et octet; because we're seeing that that's s
o flood plain but It has boa turned Into a nice cries of 20 way - we're seeing speed bumps on becoming popular,
I lakes and such. And to where we can we're going to try 2l traffic Circle; ways to how do wan slow people down but
t2 to work the meanders of that lake into our plan, 22 sill move traffic through Communities.- We're doing It
13 May. Now I'll get into the elcmeots of the 13 on the front end.
14 plan. Some or t}e givens are that at this intersection 24 The other thing is we have a bridge that's
'Robinson Road and Teasley to us was some sort of 2S at the beginning over where my finger Is that we saw to
Page 130 Page 1:
1 opportunity. We're not 100 percent sure what that 1 Celebration wbem It's actually an embed-type bridge.
2 opportunity Is but it Is Roblown Road will be a 2 it rill makes the tnfr~c now but when you go by that
3 fox-lane divided and Teasley will be whatever the 3 bridge, it slows you down somewhat as you're corning in
4 Highway Department ultimately determines, And when I 4 and out of the romminky.
S say that, t used to work at the Highway Department. S to addition, I guess 1111 turn to another
6 Wben you can justify the traffic flow, they will then 6 page in our plan to $bow you a couple of the elements
7 spend the money. It's kind of - that's just the way 7 flat we want to incorporate. What we'd like to think is
/ the Sue works. But In soy event, that was an 1 is we'll have something that looks approximately like
9 intersection for us. 9 this as you enter Into the comrmmity, There's a taiga
10 ibex the other Is there's an existing power 10 rendering of it off Teasley. We want to take into
t I line that runs on a diagonal, Okay? We've atrmady I 1 consideration that we do have a flood plain. It doe
I2 talked about 2499 coming up there. 1 don't know if that 12 carry water through them but we also want to make that
13 will happen fev a years, 10 y=%, 20 }man but we're I3 an smee ty for our project. As you can see, the wheel
14 assuming 4-it will happen at some point. So that is to Olds area hem, that's the We arch of the road
15 line made a aahusl barrier between what we would 15 that we'd like to locofpm:e. We've talked that over
16 consider single-family and some other we. It also gave 16 with staff and t don't think they'll have say problems r
17 us a buffer betw m what ultimately will be 2499. Those 17 with that.
I I are all the elements that we put in to take Into I I Toe text element, sad that wu a tot of
19 coo sldmdoo before we ever really even surf planning 19 discussion earlier regarding building materials that
21 because those are givens of suttounding (reformation. 20 were wanting to do on our commercial property. the of
Tie next part of our presentation was we 21 the things that we'd like to incorporate In this project
22 went down to Florida sad looked at master plan 21 by the way, toasting this project whet we tried to
23 communities is Orlando and In Tampa to ace some of the 23 do was to ahead and Incorporata our team together so we .
14 things such u Celebratioo to see the pros and coos that 24 Incorporated to architect, flew Architects, 10 work oa
23 they had done. And we spent close to a week walking 2s w amenity centers on the front Cod of the project.
PF.ANNINO & ZONING JULY 2811999 47 Page 129 - Page 132 I
i
Condensolt,
v'. Page 133 Page 135
They came out and looked u (be property and everything I commercial ocater, the one at the northwest comer, into
Nve that. lead Nip Partners Is our landsape 3 the community. One of the planning elements that we did
ital. We've already brought them cc-board, We've 3 In this Is u you look at our plan, we don't bave any
walked the property. They've son the lend plan and 4 lots that back up to Teasley. We tried to back off of
everything like tbat. So many or the elements that S it and we wonted to go with a greenbelt along thee. We
you're acing hen toolght are after a tot of discussion 0 fact like that's a -1 tail them planning Bad primary
that we've had with the team, trying to put everybody 7 image sooe. And that Is so ek , , t we Incorporatod.
together on the front end of the project. 1 But what 61 also allows us to do Is we as have
T10s is ens Amenity center with a pool area 9 trails, et cetera, that you're not having to via down
that we'd like to put In tbm. There's an existing 10 the bar ditch of Teasley. You're actually mmoved from 1
home that's kind of sitting in the center of the I1 it and it allows for pedestrians or bicyclists to go up
property and basically in that same vicinity is when 11 and down there but not have a coaftict with traffic.
we'd Bite to take and put the amenitycenter. You cea 33 On the north, there's an exhsdrng pond where
Mod of sec an overview of what that Is. 1t has a lot 14 my finger Is. And we fclt like that would give us
of different features in it. Of coupe, you know, 13 adequate scow from the two direetioos to that we could
architecture Is up to taste. Thhs was basically a 16 get Into the neuter. It allows people to get nary
omoepl we Wed to do that brought some history back to 17 acres to the center. We did try to take that into
this type of an environment. And you sec the different t 1 coosideratieo.
buU&S matcrials, 19 The tact element' and 1 touched on It
The We system that we have on the north is to earlier, but it's really to to the foal point of the
Robtnsoo Road and then It curves down, as 1 discussed 21 overall project U this linear trail system that we have
earlier In our overall plan, and it coma out at Tessley 21 along thent and that was those post oak tray that I
and then it Will be along Teasley. That's just a quick 13 described earlier. What we'd like to have Is we'd like
overview of what We expect to do In that area. And then 24 to have staglyloaded Iou that face onto that but yet
more quick glance of an overview or where we want to 25 have a park so it's kind of, if you Will. a central
Page 134 Page i6-
put our amenity center. It's a fairly goad size amenity I park-type linear tell. 7be good and the bad is 1
enter but we left enough room, and like 1 Wld, there 2 guess there really Isn't a bad - it takes about 11
am some trees in that vicinity, as well, where the 3 acres, a minimum of i 1 acres on Us that you sec In
actual main clubhouse though is a thinoal out Arta where 4 gra-obelu, which is far in excess. 1 thlnk the Parks
L4 trees because the homes and o,crything wrn S Department would be something In the order of like four
a'.rwdy there. So we kind or want to set some of Ibst 6 and a half to rive acres.
Tito that area. Those are the - those arc some of the 7 But those were elements that have givens on
larger elerneots. 1 the property and we felt strongly enough that we would
what I'd like to do now is I've kind of 9 try to work those elements into our plan. I've kind of
briefly gong over it and 1'd like to go one back to 10 taken your time so what I'd like to do Is tit back and
tie overall piaa. The commercial corners that we have 11 answer any questions you might have and go forward from
I that would be at the northwest corner of the property, 12 there.
s that's the one that We have as kind of a floating Area, I3 Mx. Eh'GEIBRECHrr Commissiooers? W.
I the largest we ever envision that it might be something 14 Rishel.
! like a grocery store, an anchor. But that's the maximum 1I M0. luSHEta On the greenbelts to the
s site. We just don't anticipate that there will be that 16 rioodway that you have, do you anticipate those being r
7 demand Howevcr, there are a lot of homes in the Lea 17 deeded to the City? i '
4.
! that may need dentists, doctors, et cetera, and that s 1 M0. W+2sEUO;v: No. The way were
' j f-
2 could also be used in those victn Ides. 1t can have 19 Anticipating it right now Is we're gotag to have a
1 service uses. The areA quite honestly, down at 2499 20 muter Homeowner's Amoclodow on thle property and
it probably sit there for a long time becawe until 21 that would be - then are some areas that we have
2 1499 develops, I don't really anticipate that comet er6gal n discussed with the Parks Ieputmeot. Tbere is some
3 use. So It may be many yeah off. 13 discussion about some of that and they might partleipate
4 When We were working through this doe of the 24 tin, but to summery, these aped spaces predominantly will
5 things we tried to do with staff wu how an we tie the 23 be malaWried by the Homeowner's Association.
'LANNiNO & ZONING JULY 28, 1999 49, Pop 133 - Page 136
J
t
1
I
6
i~
Condenselt'sr
s: Page, 137 Page 139
I Mx R3SHEx As I look at the placement of I NM VOatEUMs other questions? I guest
I amour - what you've titled entry road appropriately, 2 that all. lbank you. Oh, yts, Ms. Oourdie.
obably Wheeler Drive, Is the bridge that crosses - s ma.000ama+ Although you really don't have
4 does the bridge cross the lioodway or does the floodway 4 any plans for what you're Sale$ to do with the top
S come on past your • S commercial area, again, l we from what your drawing,
s MX ANDERSON: No, no. Actually, if you 6 the conceptual drawings, y'all have some wonderful
7 went out there today and looked on the property, It 7 Imagination in architecture and I think that's
3 doesn't even look like there's a crock. It's Just ■ a wonderful. I'm eomoeroed. 1s that same kind of
9 gradual deal. Okay? And when tn" which Is the flood 9 architecture that you're planning for your amenity
) agency, Identified this It's not a model crock and It's 10 center what the concept Ida was, would that be kind of
I not that large of a crock. But what they tend to do l t drawn Into the same UM when you go Into your
2 when they get upstream of a major crock, they Just put a 12 commercial areal?
3 large blob, for lack or better words, around an area and 13 MA ANDEMON: No. One of the We&$ we
4 call that flood plain because they know there's wata 14 looked at in this project Is we wanted arcW cetumi
S coming through there but they haven't exactly studied 13 control with the HOA for this overall development. And
6 it We know that we'll have to study that. But the I6 the only reason 1 tell you today that I couldn't tell
7 actual shape of the crock cones more of as angle like 17 you exactly what the architect will Inoorporate In his
I this in a meandering pattern and Into a point right 18 look, we would like to take some of the elements, if
9 hest. 19 there's somethIng about the signage that he puts In
0 And then what we're doing is In this area, 20 there, for instance, that can have some or the elements
t this Is exactly where the crock is today and all we're 21 that we might have In our bridge or might have In our
2 doing Is in thds area here trying to get it from here to 22 amenity center or something, we would like to
3 here. So we'll have waW features and then have the 23 Incorporate those things. I just left San Antoolo, for
4 bridge, the arch-over, and have fountains so it has a 24 Instance, and they have a place called the Quarry and if
Ice pop when you en ter. 23 you wrat and looked at that, It's an awesome &splay and
Page 138 Page 1 +
1 MR. RISHEL: Okay. Thank you. I if I tried to explain to you the building materials in {
2 MR. ENOELDRECHT: Other questions? Mr, 2 1% you might have a hard t'ume with it. But if any or
3 Powell. 3 you have seen 1% It's a really outstanding thing. But
4 MR. POWELL! Yes. You used a term that 1 4 It gives architects the abili ty to do some things.
s didn't quite catch, you know, when you spoke about the s Ms, oOLran1E: would you, when you come back
6 post oaks and you spoke about the houses and you were 6 to us with the detailed plan and is forth, would you
7 talking about some kind of loaded sad that went right 7 have a better idea of what you're planning?
I put me. 1 didn't get what you sold, a MR AsramsoN: 1 don't know that I will in
9 MR. ANDERSON: Okay, In our planning 9 the comirercial. What we are Lyles to set up is and
0 L-m-drOlogy we call - we'll have a double-loaded or to wbatever that takes to establish certain general
1 I single-loaded, and basically what that means Is if you 1I criteria, but when they come Into develop the commercial
12 go down the street and you only have houses on one side 12 tbey've got to go through a series of two entities. The
13 of the street that are facing the strect, we call that 13 first is they will have to go through an HOA for the
14 single-loaded, So what that means Is wherever you we 14 drvelopmeot but they also have to go through your
i s those oak trees, there Will be homes that will be [king 2s process.
is but they'll be across the stmt from the long tinear 16 MA ENOEtIBaEM This 11 0 Oa $0 they'll
17 trail, And then Inside that trail system, it may not be 17 have to come back with the detailed plan. r ' 1
I I a concrete path. One of the elements that we're looking l I Ms. oouaDla; Fly comoerm It the visual f j
19 at Is there's a cinder-type material that we could put 19 aspect of it and so that's just kind of my little hint
120 In and it's a plastic edging and it really feels like 20 Thank you.
you're walking through the woods. It's a lot more 21 Nut v;oELaREeHr: Questions? Yes, Mr.
2, natural. 22 Memo.
23 MR. POWHLL: The only thing I didn't catch 23 nisi mom a Yes, sir, W. Anderson. It
24 was that loaded part. Now 1 understand. Thank you. 24 looks like you've dome a very good job In buffering your
23 MR. ANDERSON: shank you, 23 homes along the, I think, western boundary then from
PLANK INO & ZONMO MMY 28, 1999 49. Page 137 • Page 140
t
. ' Condeagelt°`
Teasley Lane. But m uatioo IS in ' - Page 141 ~ Page 143
Y 9 regards to 1 would be quite a ehatknge. But rtds is a marvslow
bufTe&g of about 14 different lou from your 2 situation Compared to other things that are going IbM
=,A, Ara up there. You rcauy you've IM 3 013 that commercial strip I think if you look At what's
C .Uendsl, I think, right up against your commercial 4 of the other side. U them as
P Yd&i VVY do would be a
properties and I'm woodering have you given any tbottght s lot more attractive than that little strip that's there
a some buffering that or do you think you can market 6 already. In fact, I think most of those units are even
:hole lots right next to a commacial area? 7 closed, But in Any event, I think this would be a
sat ANUE0.SON: that's a good question. It's 1 marvelous addition 10 the City.
dways difficult to know exactly how to bleed from one 9 MA. &NOELDREM: Thank you. Any questions?
hero use to another type use. One thing that we are 10 MS.00URDIE: I just want to say your
raying up front Is though, and many cities have it but 11 property is beautiful. And every, time I drive by I% I
not all cities have 1; we went ahead and wrote into our a dream of owning your property, in if you ever have a
eD about the masonry requlremeola that we would have 12 contribution to mind, I will take it over for you.
along them. The only other clement that you could 14 MR. rNOELBRECirrr is there anyone else
possibly put In there Is In the commercial If there was 15 present who would Me to speak in favor of the
At a landscape strip on the back side of the venter, 16 petition? Anyone else present to speak in favor of the
I've kind or got mixed emodons about that because 1 17 petition? In that case, is there Anyone present who
work a lot In Coppell, as as example, where they rid Ia would Me to speak In opposition to the petition?
Doly commercial side. The problem is any of the shrubs, 19 Anyone present to speak In opposition? Seeing no
fees, et oetara you put on the commercial side, most of 20 opposition, the rebuttal is waived. Public hearing is
hem are blocked by the fence. So if you live on the 21 closed. And we'll ask W. Reichhart, first if he has
ybdivision side, until the trot really matures you 22 any final staff remarks.
rally don't even get the benefit of it. So V wt did 21 MIL RFMCHHART: Just to one of the
anything 1 would ra ther Intens(fy the landscape on the 24 conditions, 1.09 is that there would be A six-foot
yards of those homes that abut that. So when you 21 screening wall made of, l believe It was stone orage 144
Page 142
look out your back window of your home, you see ail the I masonry or other similar material that would be
landscape with the wall on the back side of it. 2 &-Vale* at the time the cocumclal property is that
MP MOREA'G okay. Thank yc% sir. 1 would be page 17. 1 Just wanted to point that out.
W. DMELBRECHT: other questions? I have 4 They would address that scrcealas at the time of the
one, As I understand it them would be pedestrian 1 commercial development. But, again, this to two
access to that commercial center from the south and from 6 hearings. One is for the annexation. And one Is for
the east? Is that what you were saying? 7 the zoning recommendation. And I Just wanted to and
Mac ANDERSOV: Yea. 1 we do have two separate recommendatioes.
Mn. 04GELORECKT: okay. Very Ant. Thank 9 MA WOEUItEttrn Commlulonert, do you have
you. Is there anyone present who would like to speak in 10 any questions for staff? I only opened the public
favor of this petition? Yes, air. If you would please I I bearing with regard to A, to we would only need A at
give us your Dame and address and also Indicate whether 11 this point be able to take a motion for the top on page
you're addressing the Issue of zoning of annexx6o 11 7.
or of the zoning to the Planned Development L 4 MR usHiu make a motion.
1dR rP.EEMAV. Both,1 suppose, My came Is is MR. ENGEL.BRECHT: I,(r, Wshel.
Joe Freeman. I actually five In Flower Moumd. My 16 MA usHEu I move to mcomneod the r
Interest Is I own 58 sera right across the street 17 Approval orA•89. t
MR ENGEL BRECHT: Okay. You can, point at it 11 Fta. APPLE 86oned
right here. 19 MA ENGEURECHTt SM moved And Wooded to
NIA FREEMAN; It's now operating as an 20 recommend approval? Any discussion?
Van facility. I think snoexatioo makes stmt now 21 Mx. BUCEx: Let me ask you this, Do you am
o,. „oth aides or Teasley. I think this Is a marvelous 22 on page 7? The staff's only recommendation, do you
Proposal. Sometime ago,1 had proposed rooing, Lod for 21 MR. E21auamcHTt we're going to take that
one reason or Another, the thh.g hasn't gooe so I'm 24 one next.
going to lacy to rethink certainly to match thsL This 21 NM BUCEJL• Okay. I'm eorry.
ANNIAIO & ZONING JULY 28, 1999 $0, Page, 1.41 • Page 144
t
"'Lo P➢tIMGIW Da O'dG~ Wl 0443J ORDNANn d,
ATTACHMENT 3
t
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A PLANNED
DEVELOPMENT NO. 176 (PD-176) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 168.57 ACRES OF LAND LOCATED BETWEEN NOWLIN ROAD, F.M,
2181 (TEASLEY LANE) AND ROBINSON ROAD; PROVIDING FOR A PENALTY W THE i
MAXIMUM AMOUNT OF $2,000.00 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 168,57 acres of land to a Planned Development (PD-176) zoning
district classification and use designation; and
WHEREAS, on July 28,1999, the Planning and Zoning Commission recommended approval
of the requested change in zoning; and
WHEREAS, the City Council finds that the zoning will be in compliance with the 1988
Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management
Strategies and Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
property described In the legal description attached 1 Ceeto and incorporated designation herein as eE168.57 acre
xhibit A Is
designated to Planned Development (PD) zoning district classification and use designation under
the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following
conditions:
1. That permitted land uses and development standards be restricted to those described in the
Planned Development District Development Standards attached hereto and incorporated
herein by reference as Exhibit B, and allow land uses eligible for a Specific Use Permit in
an Commercial (C) zoning district if such permit is approved by City Council
2. Building elevations, for all buildings proposed for Tracts 1 and 3, shall be required at he
time of detailed plan submittal.
3. Lighting on Tracts 1 and 3 shall be designed and maintained so as not to shine on or
otherwise disturb, surrounding residential property or to shine and project upward to j
prevent the diffusion into the night sky, i
kLQ1LQN1, That the City's official zoning map is amended to show the change in (J' '
zoning district classification.
SECTION . 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,
5I,
1
V
• eaaauva.rawwoleutaoto.o.l...ar.w.a►s.wa„wenvu/c~ a
i
I
{
SECTION 4. That this ordinance shall become effective fourteen (14) days from the date
of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice In the Denton Record-Chronicle, a daily newspaper published In the City of Denton,
Texas, within ton (10) days of the date of Its passage.
PASSED AND APPROVED this the day of 1999,
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
i
Ore
S2. Page 2
EXHIBIT A
All that certain lot, tract or parcel of land lying and being situated in the B. Merchant
Survey, Abstract No. 800, Denton County, Texas, being all of a tract of land described in
a deed to Wheeler Ranch Ltd., dated 3.3-1999, as recorded under County Clerk's File
No. 99.0020100 of the Real Property Records of Denton County, Texas, being more
particularly described as follows:
BEGINNING at a point at the southwest corner of a tract annexed by the City of Denton
by Ordinance No. 83-33, same beinn a point on the east line of the present Denton city
limits tine as established by Ordlnance No, 65-43, Tract Ill, same being the north right-
of-way of Robinson Road, said polm being 25 feet north or the northeast comer of said
Wheeler Ranch Ltd, tract;
THENCE South 89' 08'420 East with the present Denton city limlts line as established
by said Ordinance No, 83.33, 25 feet north of and parallel to the north line of said S.
Merchant Survey same being the south fine of the S. Hembrie Survey, Abstract No, 643,
with the north right-of-way of Robinson Road, a distance of 1,213,52 feet to a point for
corner,
THENCE South 89' 19'644 East with the present Denton city limits line a5 established
by said Ordinance No. 83-33, 25 feel north of and parallel to the north line of said B.
Merchant Survey, with the north right-of-way of Robinson Road, a distance of 1,213.52
feet to a point for corner, said point lying on the projected centerlind of Nowlin Road;
THENCE South 01' 35' 15" East, passing the Intersection of the centerlines of Robinson
Road and Nowlin Road, and continuing along the centerline of Nowlin Road same being
the east line of said Wheeler Ranch Ltd, tract, a distance of 2,247.19 feet to a point for
comer,
THENCE South 01' 62'30" East with the east line of said Wheeler Ranch Ltd., tract, and
the centerline of Nowlin Road, a distance of 700.91 feetto the southeast corner of said
Wheeler Ranch Ltd. tract;
THENCE North 89' 59' 14" West with the centerline of Nowlin Road and the south line of
said Wheeler Ranch Ltd, tract, a distance of 1,240.01 feet to a point forcorner,
THENCE South 89' 29' 18" West with the centerline of Nowlin Road and the south fine
of said Wheeler Ranch Ltd„ tract, a distance of 1,225.65 feet to a point for corner, on the
present Denton city limits line as established by said Ordinance No. 65-43, Tract III, said
point lying 5 feet east of the east right-of-way of F.M. Road 2181;
THENCE North 02' 07' 00" West with the present Denton city limits line as established
by said Ordinance No. 65-43, Tract III, being 6 feet east of and parallel to the west line of
said Wheeler Ranch Ltd. tract and the east right-of-way of F.M. Road 2181, a distance of
2,992.58 feet to the POINT OF BEGINNING and containing In all 168.67 acres of land.
t
53,
cc.
EXHIBIT B f
I
WHEELER RIDGE
Planned Development District
Development Standards
f
Applicant:
Dowdey, Anderson and Associates, Inc. 11
Planning and Engineering
3223 Village Creek Parkway
Suite 200
Plano, Texas 75093
(972)931-0694
(972)931.9338 Fax
Osvner/Developer:
wheeler R.nch, Ltd.
3225 Village Creek Drive
Suite 400
Plano,Texas 73093
(972) 2616888
(972) 818.8885 Fax
Submitted June 28, 1999
For Review by the City of Denton
Planning and Zoning Commission on July 28, 1999
and
For Review by the Denton City Council on September 21, 1999
I
98000dcoverpg02199
54.
r
WHEELER RIDGE
PLANNED DEVELOPMENT DISTRICT STANDARDS
1.0 Planned Development District - Commercial
Tracts I and 3
1.01 [ eneral Dr_criotton: The Commercial tracts *Ail] provide the ability to
encourage and accommodate the development of office, retail and commercial
center(s),
1,02 Fermttted * All uses identified in Article U7, Section M-77, UseRegulation
Districts, Use of Land and Buildings, of the City of Denton Zoaing Ordinance
under the heading of Commercial District (C) shall be permitted within Tracts 1
and 3 in the Planned Development District.
1.03 D MAft Y Materials- All buildings shall have an exterior finish of+tlass,-
stone, stucco, brick, tile, concrete, exterior wood or similar materials or cry
combination thereof The use of wood as a primary, exterior building mate.'al
shall be limited to a maximum of twenty-five (25) percent of the total exterior
wall surfaces.
1.04 Dvildtng N lehts: The maximum permitted height of all buildings within the f
commercial tracts of the Planned 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-
live (2S) feet. Front yard setbacks are required on both streets for comer lots.
1.06 Side Yard: Side yard requirements :.r commercial tracts shall be as follows:
a. No side yard shalt be 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 o:,e another and where
vehicle access Is not required.
C. A twenty (20) toot side yard shall be provided adjacent to single r ,
family residential zoning. A
d. A twenty (20) foot side yard shall be provided adjacent to a ! t "
dedicated street.
1.07 Riat YArd: Rear yard requirements for commercial tracts shall be as follows:
July to, 1999
1
98004pddac
r
C
c.
w
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 rear 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 proposed development areas shall be l
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 SSteeplne- 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 sir (6) foot screening wall. This screening
wall shall be constructed at the time a commercial property is developed and shad
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 anycombioation thereof.
1.10 Floor to Area Ratio (FAR): The permitted floor area of all buildings located
within the commercial tracts shall be 21 (floor area ratio).
1.11 &equlred Park n2: Parking shall be provided in accordance with Article VI,
Section 35.301, Vehicle Parking Regulations of the City of Denton Zoning
Ordinance. Parking shall be permitted within all required yard areas.
1.12 Laud Area Pcrmltt d• The amount of acreage permitted In Tract I shall
not exceed ten (10) acres net of right-of-ways. The amount of acreage
permitted in Tract 3 shall not exceed six (6) acres net of right-of-ways.
2.0 Planned Development District - Single Family Residential
2.01 General Description:
The Residential Tract is intended to accommodate a variety of single family r
residential uses, The residential units will be comprised of Single Family-0.2 1 <
(SF-7.2) and Single Family-6.0 (SF-6.0) products. Development standards for O
each of the aforementioned housing types are outlined within this text.
2.02 Pcrmltled t. L Land uses permitted within the PD are as follows:
July 19,1999 2
986dtpd doe
_ t {
c
a. Residential units as described herein,
b• Private or public recreation facilities.
C. Churches/rectodes.
d. Schools -public, private, or state accredited.
e. Parks, playgrounds and neighborhood recreation facilities including, but
not limited to, swimming pools, clubhouse 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 streets.
I. Electron c security facilities including gatehouse and control counter. {
J. Accessory buildings and uses customarily incidental to the permitted uses.
k. 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 157 acres). The percentage of Single
Family-6.0 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 R~ulred Parktr¢ Parking shall be provided in accordance with Article VI,
Section 35-301, Vehicle Parking Regulations of the City of Denton Zoning
Ordinance,
2.05 Misting hfatertals: A minimum of seventy-five (75) percent of the total exterior
wall surfaces ofall main buildings shall have an exterior finish of glass, stone,
stucco, tile, brick, cementitious fiberboard, or similar materials, 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 &ajLc-Famllj•7.2: Single-Family-7.2 units are a form of single family, detached
housing. This residential type will consist of larger units and lots, having access
and frontage on a public or private street. Building and area requirements are as
follows:
a. Lot Area: The minimum area of any lot shall be seven thousand two
hundred (7,200) square feet,
b. Lot Coverage: In no case shall more than forty-five (45) percent of the f A
total lot area be covered by the combined area of the main buildings and
accessory buildings. Swimming pools, spas, deck, patios, porches,
driveways, walks, and other paved areas shall not be included In 1
determining maximum lot coverage,
July 19, 1999 3
980oapd.doe
i
li
57.
l
J 1
1
t
• I
C. Lot Width: The tntatmum width of any lot shall not be less than fifty-five ,
M) 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 tine; provided all other requirements of this
section are fulfilled.
d• Lot Depth: The minimum depth of any lot shall be one hundred (100)
feel, except that it lot at the terminus of a cul-de-sac or along street
elbows/eyebrows may have a minimum lot depth, measured at mid-polnt
on front and rear lot lines, of ninety (90) feet; provided all other
requirements of this section are fulfilled.
C. Front Yard: The minimum depth of the front yard shall be twenty (20) i
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 aside 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 right-of-way.
9. 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 one-half (2
stories.
2.07 S(nele-F_amlty-60:Single-Fatuity-6.0units are another fornof single family,
detached housing. This residential type is designed to provide single family
bousing at a slightly higher density than permitted in Single-Family-7.2. These
residential units will have access and frontage on a public or private street.
Building and area requirements are as follows:
a. Lot Area: The minimum area of any lot shall be six thousand (6,000)
square feet.
b. Lot Coverage: In no case shall more than forty-five (45) percent of the
fatal lot area be covered by the combined area of the main buildings and
accessory buildings. Swimming pools, spas, deck, patios, driveways,
walks, and other paved areas shall not be Included In determining
maximum lot coverage.
C. Lot Width: The minimum width of any lot shall not be less than forty-
five (45) feet at the building line, except that lots at the terminus of a cut-
de-sac or along street elbowsleyebrows may have a minim= width of
forty (40 feet at the building tine; provided sit other requirements of this
section are fulfilleJ.
d. Lot Depth: The minimum dept of sny lot shall be one hundred (100) feet,
except that a tot at the terminus of a cul-de-sac or along street
elbowsleyebrows may have a minimum lot depth, measured at mid-point
on tiont and rear lot lines, of nbety (90) feel; provided all other
requirements of this section are fulfilled. !
e• Front Yard: The minimum depth of the front yard shall be twenty (20) j
feet. Front porches, roof eaves, chimneys and other slMlIsr architectural !
elements may extend Into the front yard.' !
)uly 19, 1999 4
93004pddoc
t
f• Side Yard: The minimum side yard on each side of a 101 shall be five (5)
feet. Aside yard adjacent to aside street shall not be less than fifteen (15)
feet. In no case shall a'guage door opening be any closer than twenty (20)
feet 10 the rigbt-of-way.
g. Rear Yard: The minimum depth of the rearyard shall be ten (10) feet.
h. Building Height: Buildings shall be a maximum of two and one-half (2
stories.
3.0 Planned Development District - General Conditions
3.01 Conformance to All-Agplicable Article f the Denton Zonlag.DL&IM:
Except as amended herein, this Planned Development District shall conform to
any and all applicable articles and sections of the Denton Zoning Ordinance, as it
presently exists.
3.02 Ameol Ceoter: The Developer for the Planned Development District shall
provide for an amenity center which may include, but not be Limited to a
swimming pool, cabana, and landscaping to be owned, operated, and maintained
by a property owner's association.
3.03 Sdieedin andscaping along Robinsoo Road and Teasley Lane:
Landscaping and screening shall be provided along Robitison Road and Teasley
Lane in areas where lots back to said thoroughfares and may consist of decorative
metal fencing, stained wood fence with metal posts, landscape planting,
cementitious fencing, masonry wails, living screens or a combination thereof. J
r 1
3.04 Park Land/Open Space Reguir m n1: 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 Planned Development District is approved. Open
space shall be approximately I8 acres and shall consist of tree preserve areas,
common areas, amenity center site, greenbelt parks, pocket parks,pedestrian/park
connections, landscape buffers, tloodplain, electricWpow•er/utility easements. A
minimum area of parklopen space, based on the formula provided in Ordinance
No. 98-039, Article III, Section 22-36 (c) shall satisfy all park/open space
requirements of the City of Denton.
3.05 General Concept Plan, A General Concept Plan is hereby attached and made a
part of the ordinance. It establishes the most general guidelines for the district by
identifying the land use types, approximate thoroughfue locations and project
boundaries and illustrates the integration of these elements into a master plan for
the whole district.
3.06 Street Trees: A minimum of one (t) street tree shall be required on all residential
lots within the street parkway. {
I
Jaty 19. 1999
S
9t Upd.doc
59.
r
u
3.01 Miinteoaaee d FacllldM• The Owner($) sl>all estsbUsh, wish each re '
plat submittal, a property owner's essoeiadon, membership association or other
designadon that will be responsible for the improvement and maiateaanee, of all
common areas and/or common faclUdes contained within the area of the
development,
i
July 19,1999
96004pdrloc 6
60.
C
~t
e.ri.b I I ~ eww w►.wr
s.rm jI
I `-----LRsIFriS %6, .ftr*b g%_-~itereMCl4l~~~
1
1 / r► /
I'd E tnj 3
JUL 2'? 1999
I
in ~ Rcddmt¢
PLANNING a DEVELpflu NT
/ WHEELER RIDGE
LANOMPAWAW
- ■ror,•aw
_ .rw rr urr rwr w r•r .w w•.w iwr r..■ ~ rr rww~ M •.w
w r■rb mrr ~nrwiw.sw rrr r ~ r
I - ~ w wr r rr w rr rr•r
I ~ r r r r • • • • w r
f..~r. I ~ % ~ / • , r •y~.'"r;y r.r wr r rr' r • • r w r w
1 ~ ~ r.r r~ • • • " r w
/ d 6 Ir err owr.•r~~.Y~M.~rM.•~i.rr~rr-"r.
WMill
.rrr.•rr~-rr•r~r~wru•rr.•.r•rr.►•r
I ■
~ "'1 / rww"•+w.rwrr rwr.r.rrr r•wrrwrrrrr•
I I 1 ` r
!rd I I ; /
1 r~ i rr i
r
I r
AM K WHEELER RIDGE
S.INDDRtMNlAITM■R1,IbC M,,, Planned Development D[Orld „„o,,,, Ter
IMbyy .~.•UG' ~i
Zoning Exhibit and r ~ • •.y.
Genera Concept Plan w..r+•r r„y,,,,,
c~
AGENDA INFORMATION SHEiT
Aparba (tern 2
AGENDA DATE: October 5, 1999 pia 0- -
DEPARTMENT: Planning Department
CM/DCM/ACM: Dave Hill, 349-8314~*
SUBJECT - Z-99-021: (415-417 Egan Street)
Continue a public hearing and consider approval of the proposed rezoning of 0.241 acres
commonly known as 415 and 417 Egan Street from a two-family dwelling (2-F) zoning district
to a multi-family dwelling-I (MF-1) zoning district. The property located at the southeast comer
of Carroll Boulevard and Egan Street. The Planning and Zoning Commission recommends
approval (6-1) of multi-family restricted (MF-R) zoning classification with conditions.
BACKGROVN
The public hearing was continued from September 21, 1999 at the applicants request.
ATTACHMENTS
1, September 21, 1999 City Council back-up material
Res fully submittedd:
Mark Donaldson
Assistant Director, Planning and Development
Prepared by:
-Larty eichhart
Development Review Manager
t
COVEA VIE ET
r
AGENDA INFORMATION SHEET Agenda No, 44 0
AGENDA DATE: September 2l, 1999 Agar bm
Date
DEPARTMENT: Planning Department
CM/DCM/ACM: Dave Hill, 349-8314
SUBJEZ-99-021: (415-417 Egan Sheet)
Hold a public hearing and consider approval of the proposed rezoning of 0,241 acres commonly
known as 415 and 417 Egan Street from a Two-family dwelling (2-F) zoning district to a
Multifamily dwelling-1 (MF-1) zoning district. The Planning and Zoning Commission
recommended rezoning the subject properties to Multifamily restricted (Iv>F-R). The property Is
legally described as being part of lot 7, Block 2 of the Barb's Addition in the City of Denton,
Denton County, Texas. The Planning and Zoning Commission recommends approval to MF.R
(6-1) with conditions.
BACKGROUND
The applicant has requested to rezone this property to develop a mull-story apartment building.
The subject properties are currently undeveloped.
D The subject property is located in a Two-family dwelling (2-F) zoning district created in
1969.
D Uz proposed development is consistent with most of the policies of the 1988 Denton
Development Plan (DDP) as applicable and many of the 1998 Denton Plan (DP) Policies (see I
Attachment 1- Comprehensive Plan Analysis section).
Twenty-two (22) property owners were notified of the zoning request. Seven (7) responses have '
been received; two (2) are neutral to the request, four are opposed and one (1) is in favor of the
request (see Attachment 1). The 20 percent rule is not in effect.
PRIOR ACTION/RFVIEW II
The following is a chronology of Z-99-021 commonly known as 415417 Egan Street:
Application Date - March 17, 1999
P&Z Date - May 12, 1999
The application was scheduled for the June 15, 1999 City Council Meeting but due to the
pending multi-family moratorium the application was put on hold. t
E$T11~1ATED PAO CT cr^upDU
The subject property Is not platted and would need to be platted prior to any development.
I
0
FISCAL INFORMATION 0
Development of this property will increase the assessed value of the city, county, and school
district. It will require no short-term public improvements that are the responsibility of the city.
As a form of lnfllt development, no extension of public infrastructure is necessary to service this
site.
PAZ SUGGESTED RECOM-ME"AlION
The Planning and Zoning Commission recommends approval (6.1) of this zoning request with
the following conditions:
1. That the zoning district classification and use designation of the subject property be
rezoned to Multi-family restricted (MF-R)
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 maximum building height be limited to two(2) stories.
Finding that:
I. As in-fill development it will provide a transition to the existing residential
neighborhood,
2. It provides for a variety of housing styles within the general area and provides higher
density housing in close proximity to the central business district as identified in both the
! 1988 Denton Development Plan and the 1998 Denton Plan.
3. Rezoning the site to Multi-family restricted (MF•R) zoning district will provide
additional density controls for the site and limit development of the site to four one or
two bedroom units, which ii more in keeping with the existing residential character of the
neighborhood
OPTIONS
I iove as submitted.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
S. Table item.
I
ATTACHi11ENTC
1. Planning and Zoning Commission Report, May 12, 1999, Z•99-021, r
2, Planning and Zoning Commission minutes from May l2, 1999. i
3. Draft Ordinance.
; c
2.
t
0
u
Respectfully submitted:
Mark Donaldson
Assistant Director, Planning and Development
Prepared by:
L eichhart
Development Review Manager
I
i
3.
c
• II
ATTACHMENT !
PLANNING AND ZONING COMMISSION
.I-AFF REPORT
Sublect: 415 - 417 Egan Street Case Number: Z-99-021 i
Staff: Larry Relchhart, Development Review Manager Agenda Date: May 12, 1999
Hold a public hearing and consider making a recommendation to the City Council concerning the
rezoning of 0,241 acres commonly known as 415 and 417 Eagan Drive from a Two-family dwelling
(21F) zoning district to a Multifamily dwelling-1 (MF-1) zoning district. The Intent is to develop a two-
story mufti-family dwelling
uwvvl m DR
7
SITE
i
o ~
I IF I
Nn U
LOCATION MAP ,
' b
Location: 415 and 417 Eagan Drive (See enclosure 1)
Size: 0,241 acres I
2"021 5teR pexl
q.
I
0
c.
.aaaaaaaaaaaa~.u., cati s✓~rsaaaasa~
Applicant: Owner:
Shahab Banihashem Mohammad Bagher Hasheml
Avant-Garde Homes 1136 Perry St. # 3
2661 Midway # 224.129 Irving, TX 75060
Carrollton, TX 75006
The applicant is requesting a Multifamlly dwelling-1 (MF-1) zoning district classification for the 0.241
acre propertles In order to develop a two (2) story multi-family dwelling.
CO PREH NS E CAI ► MAIS
i
1988 Denton Development Plan Analysis
The 1988 Denson Development Plan (DDP) shows this area to be within a Moderate Activity Center.
These areas emphasize a diversity of land use developments. They are intended to place jobs and
',ousing in close proximity to one another. Vehicular trip generation due to development within
.loderate Activity Center is restricted to 350 trips per day per acre In order to balance land use with
road capacity. Staff finds the proposed development to be consistent with both the policies and
trip Intensity standards of the 1988 DDP (See Enclosure 7).
i
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 somewhat consistent with the policies of the 1998 DP
(See Enclosure 8).
Ir
Z-99-021 Staff R"'t
5.
r.
Y 1
Transportation
A. Trip generation
i
j Table 1. Proposed Land Use Trip Generation
Generation Generation
rApartments Use Average Trip Maximum Sultdout Total Daily Trip
{a Activtlyr~lf 350 trig iylac - x 0 2~1 ':res 84' ,
rs! r o615~'~w Zrr ~rtsr t r' i. ry Y ~ l r'; ii ~a t"}l it , ^nY
•Famlly" 9.65 trips/day/unit x 2 homes 19
6.59 trips/day/unit x 6 apartments' 40
' Per 1998 Denton Development Plan.
" Single-Family - for comparison use for existing 2F zoning. Ilk
Assumes 40% lot coverage, 2-story building b 1,4oosr units.
Note: Proposed Average Trip Generations provided by the Institute of Transportation Engineers, 1991. ,
The proposed development Is 52 % below the allowed capacity Identified In the 1988
Denton Development Plan and approximately 50% above the trip generation of a two.
family development.
B. Access
Access to the site is from Egan Street.
C. Road Capacity
Egan Street i< 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 trips per day.
Carroll Boulevard Is identifieJ as a primary major arterial road by the 1998 Denton Mobility Plan
(See enclosure 4). 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. The most recent traffic counts for Carroll Boulevard
indicates that there Is adequate capacity to handle the calculated trips that could be generated by
the proposed development. 1997 traffic counts for Carroll Blvd. Indicated 22,103 trips in the
general area of the proposed development
0. Pedestrian Linkages v
Sidewalks along all public streets are required.
z99o71 stem RepOt
6.
c•
2. Utilities
This site has access to existing water and sanitary sewer lines (See Enclosure 3):
3. Drainage and Topography
New development will be required to design and construct a drainage system to city standards.
A preliminary drainage study will be required with the submission of a preliminary plat. The study
must Include calculations of the 100-year storm for all drainage areas on this property and any
area that drains towards this property. The developer must Indicate the method by which the run-
off will be carried across the property or stored on the property.
i
4. Signs
As per the sign ordinance.
5. Off-Street Parking
New development must provide parking according to the reg,.,Wlons of Chapter 35 (35-301) of the
Code of Ordinances. The total number of parking spaces required by anyone development is a
factor of:
One-bedroom: 1.50 parking space
Two-bedroom: 1.76 parking spices
Three-bedroom: 2.00 parking spaces
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).
F 7. Open Space and Recreational Areas
This residential development will be required to participate in the development of public
recreational areas. Through the Park Dedication Ordinance (98-039), this development will
contribute to park land dedication and park development fees. Dedication requirements are
required during the platting process. Park development fees are required prior to the Issuance of
building permits,
8, Lighting
Lighting on the property should be designed and maintained so as not to shine on or otherwise r t,
disturb, surrounding residential property or to shine and project upward to prevent the diffusion into 0-
the night sky.
v
Z-99 021 Starr Report
7.
r
i
4
I
t
a. Environmental Quality Impacts
No negative environmental impacts have been Identified.
f
h p It 1 v;.. w f,` IS C f L
PRO ERTYti fSTORYa': rig: 't ~V
January 14, 11969 - The subject property was placed in the Two-family dwelling (2-F) zoning district
and land use classification by Ordinance 69-01 which adopted the first zoning ordinance and map for
the City of Denton (See Enclosure 2). g p
f
The subject property is not platted and would need to be platted prior to any development.
K5iIONOT(CE 7: f ! aY M. ~e 1 4^`~ _
Notice of the zoning request was published In the Denton Record-Chronicle on Sunday, May 2,
1999. Twenty-two (22) property owners were notified of the request by certified mall on April 30,
1999. Ninety (90) courtesy mailing were sent on April 30, 1999 (see Enclosure 6). As of this
writing, there have been four responses, two opposed and two neutrals. (See Enclosure 9)
As of this writing, the applicant has not indicated a desire to hold a neighborhood meeting.
i
STAFF'S'~ANALYSIS' r ~a, r ,,yr frr;, A,. ~qy~yy
Staff supports the development of multi-family housing on the subject property with a density
limitation. The site is adjacent to Carroll Blvd and Is compatible to an existing apartment complex to
the south. As In-511 development it will provide a transition to the existing residential neighborhood.
It provides for a variety of housing styles within the general area and provides higher density housing
in close proximity to the central business district as Identified in both the 1988 Denton Development
i
Plan and the 1998 Denton Plan, Rezoning the site to Multi-(amity restricted (MF-R) zoning district will
provide additional density controls for the site and limit development of the site to four one or two
bedroom units, which Is more in keeping with the existing residential character of the neighborhood.
i
RECOMMENDATION;,,
Staff recommends approval of 2.99-021 with the following conditions'
1, That the zoning district classification and use designation of the subject property be rezoned
to Multi-family restricted (MF-R) t'.
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 u'Yusion
Into the night sky.
2» 021 StallP.exrt
8.
mood
i
1 4'
i
l
` c.
t
I
I~
I~
ENCLOSURE 1
4
(.-99-021 (415 - 417 Egan Drive) NORTH
I V
IP' i me P Loo LAW W* 1~ q t
fey o ~rj a q ~ Ma ■■~1 • 'r ~~+T . t~,.■~
SITE ~ ~ r. r r. sr~■A~ ~
■ ~ rani P1■ 0m
~ ■
ap
F,i ~ n ~ bbd Bloom= : a :
JL [r. I
a+° "opens air r ar#
o •
e
A
i
a~a~;Otis
n wn r r mils - b
~,o m r r Is • • Chamb rat
~y 01dr2 Commerce
,low -Amm
-
VICINITY MAP
i
Agenda Date: May 12, 1999 Seale: None
9.
r
ENCLOSURE 2
j
i
-99-021 (415 & 417 Egan Drive) NORTH
MI IN
Q are;
■ d ■r Fr.
I 2F MINI
Egg ip
f SITE ON s . ;
2F or
r j ~~t)e2 Vrf®ll r■~ i c
B41dlrmoms ~k! P IS i ag
MID it
u
r r
~ 2f 2R ( FN]
! r s■■rwnr et- • ; 1. r dal
ZONING MAP
(A
Agenda Date: May 12, 1899 Scale: no
c,
c,
ENCLOSURE 3
("-99-021 (415 $ 417 Egan Drive) NORTH
8"_ 9. L
EGAN OT
SITE
Q
c
J
EXISTING UTILITIES MAP
• Hydrants
Water Line (W. L,)
Sewer Uns (S. L,) r l
1
Agenda Date: May 12, 1999 Scale: None
r y
a
z
4 n:
ENCLOSURE
3
#--99.021 (415&417 Egan Drive) NORTH
it It h
I II
1
1 I
' I
I I
I LJ~
1 ,
1
1 ~ 1
SITE
I i
t~reove~ sr ~
~ I 1
~I \ 1 ,
DENTON MOBILITY PLAN MAP
• Collector
_ . Primary Major Arterlala
Agenda Date: May 12, 1999 Scale: None
12.
r
ENCLOSURE S
(..•99-021 (415 "17 Egan Street) NORTH
i
i
SITE
6 ,
' r
200 Foot Notice b aoo Foot Notice
. ~
a~ ■ ~ S
SITE ' lll~~y
ea ~ a
Cham6.r of
Commerce
y a i
200-500 FOOT NOTICE MAP
i t'- ,
Agenda Dole: May 12, 1999 Sale: None
13.
t
w
ENCLOSURE 6 Page ! of l
1 '~("f~''t7~7~ 4~~yY~,Ln, rti^t~f~.'.I'w'yr" ..~'yr. 7y{
iii Y Phi
r 7 ~~C~f~~y♦ It ,r f q ~F} T rr t a r j!
Y
a
r ,y
' t s
I
I
I `f
I ~
i
l
f11e,//CAFUJ1F1L"SCM2.JPG 14. `
_ . - - l/17/00
t
c
K.
1 j
i
7yr~•,2~4rY,C~ 1aL/„y p i~ i ,
IJ rlri ~OL l.t'E \j^ ~~1,,r~ ~~KV~' 1 ~~y'r ~ ~ L } yt~
~ rrly~ .i, y, ~:1~4 Ty'L ,Ny~~"r 47M i~ ~ • r+. 11 ~Y'~
1
I
r
f
f Ie:NC:1PUJIFILMIDSCD000 JPd
5112/99
Q
t,
ENCLOSURE 7
s
I
.R .
l
1988 Denton Development Plan Analysis
The 1988 Denton Development Plan (DDP) shows this area to be within a Moderate Activity Center.
These areas emphasize a diversity of land use developments, They are intended to place jobs and
housing in close proximity to one another. Vehicular trip generation due to development within
Moderate Activity Center is restricted to 350 trips per day per acre in order to 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.
The table below provides a summary of the 1988 Denton Development Plan policies applicable to this
project;
Denton Development Plan
Policy Analysis Summary
Moderate Activity Center
Development Rating vs. Policy
POLICY COMMENTS r
F nt. These areas are intended to
vage a dverslty of land use
opments that place Jobs and housing
se prwdmlty to one aro*w. x
nslty Standard, Moderate AdNvlty
inters snap haw a standard vehds trip
tensity of 350 trips. per day per grog
sot (Vdlac). x
Diversity, land uses Mthln these centers
should itAlWt a mlxUo of "dental and
nonresidential land uses Corm erdal and
retail land uses OOAd be nmited to V3
N tow we age and stwuM not be
albwed on mwe than tree tamers of an
lntersedbn wltNn a center, x
Koh-Derwityhousino. Mutt-famly
housing Is ensm aged In these areas,
!!'dudng mr6fadured housing. x
Low Dainty nelghborhood housing
Protection. SingledaMlyresldences
O* M be pMWA by strld site design
MIMI, Ytduding letbeU buffering, and
landsogng, x
Strip commercial, The Van encaur"
centers of business acbv sty vAdls
cis ng sUfp oamrerdal
N/A
E,
f
Z.".021 Staff Rapoq
16.
_ t
r
r
ENCLOSURE 8
n Plan Policies Analysis
of. an (DP) is to be used In conjunction with the 1988 Denton Development Plan In
consistency of proposed development with the long range vision for the city. Staff
osed development to be somewhat consistent with the policies of the 1998 DP.
N provides a summary of the 1998 Denton Plan Poticies applicable to this project:
Denton Plan
Policy Analysis Summary
I
Development Rating vs. Policy
Y POLICY Na
Incorostent w04 4 Consistent
Ccmptlments Denton's LoVIltange Thoroughfare Plan. St,'.%a_.
Promote Access Management Practices _ 'r X ^I%
Opthnites operations ra emergency sWce providers and C', ~1 y 7
r ter pulok serda providers, .`'x.A,, 4
Promotes public transportation system, 3<
Contributes to the Denton Trails network. X''.10
ape. Protects 100 year floodpialn areas in accordance Wth ? 2
Denton's watershed management plans. X'.;„' 2'':;
conforms to local wbdwlslon regulations.
Contributes to regional detentlon WIItie&
Provides for natural riparian environment along floodplaln. X
Upgrades exlsbng substandard dralnage systems as InAM a ? '~1
and redevetoprnentouw. 'iX,f ny,
Develops and rnalntalns property and private!,
Infrastructure. x
Creates opportunity for oversitng water and wastewater
fines to meet future develooment demands
Provides rNew of proposed water and wastewater
hnfrastruchm to ensure putrllc safety and healh >,'1 x
Prorotes Infill Improvements over new line extensloris, x
Provides undo g ound a ectric servke for new residential
and nonresidential Qevetopment x
Promotes eMdent access to an development for solid ..r
waste servloe delivery. x
don. Locates parks and rweabon facilities In amordaroe with
the Parks and Reveaton Strategic Plan, ;>ifJ~
Enhances parks and recreation opportunltles for residents, p 4 F' X
Preserves fioodpialn for parks and open space to ald In I,, ,
Roodplain conservation efforts X ,
Mows comWing of parks wnh other pudic fadlites to
addeve cost-effective delvery of pudic senvkes, X
;
Residential demogn ate oM a fees In
neu of tand ror nelgh bortood pa U # x 1
abty, Promotes preservation d natural resources. X
Integrates 4wroww al protection with economic x
growth and community development.'^.
17.
c.
I
'1998 Denton Plan Policies Analysis (continued)
Denton Plan
Policy Analysis Summary
Development Ratlng v^ . Pollcy
CATAGORY POLICY rave
lrtoonststent ApptigWe Congstatt -
Nalphborfiooda, Proms aooai to putAle and CofMVli~r fadit{es for ."',~G"4~'+"'
neighborhoods. lT`.C
&w npes a mfxme of land tees Nat t>cr,ent readmts. e;`~'1Z.J:7r' X f`
Roteds and pnesaves e)Mmg nelotor hoods X t ; -7 :
Promobn bkyde and pedest; n traft WtNn and
k k
between neignb&tw& to reduce vehicular btps. X
Housing. Provides a range of housing Imes ft appeal to c4 e, q
Was a ~eof dnpfrfamiy bf dzes,%nU 9re;
gErcream nd hdddutl Ile sMes x
ww Pica datrg hotdng, Yrdudrg affordable hudnp a"'+ x
Aq housirp oantrttc tlpt :'dti'3r' X
Econ flit Oonbibutes to a strong and dvers4kd bcal ew vM by 4Y ~
tnotasfng employment and e,gandrg the tae base. u Nrw X
Govarnmant. Encourages Magamnmentd ooo*wbw to provide l {
wsbeA'tctlv! Prbac SnHors. i~ X
ban Deilpn. Addresses om way appearance in a wnreherdve x
manner.
Dt"m s wddtedxd appearance of bunt &Nfmunent (}?llb}3Y4i15
wt good M uses dt ~ be moostde r1 X and protects and presmKS Denton's ardtoctnl, altuai and t~s
historical resources
£nha Ices the appearmoe OWN major enbancewaye.
promotes the preservatkn of trees and landstap+g.
PubAc Involvement. PerProMes
es am FOoOpM oko0dm de
x
4G..
~ Y
Z-99-021 stag Report
r
r
c
NOTICE OF PUBLIC WEARING
Z-99-021
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
May 12, 1999, to consider recommending approval to City Council to consider the rezoning of 0.241
acres, from a Two-family Dwelling (2F) zoning district to a Multiple Family dwelling-1 (MFt) zoning
district. The properties are located at 415 and 417 Egan Street. The proposal Is to develop a twn-story
multi-family dwelling.
The public hearing will start at 5:30 p.m. In the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. Because you own property withIn two hundred (200) feet of the
subject property, the Planning and Zoning Commission would like to hear how )vu feet about this
zoning change request and Invites you to attend the public hearing. Please, In order for your opinion to v
be taken Into account, return this form with your comments prior to the date of the public hearing. (This
in no way prohibits you from offending and participstvhg In the public hearing.) You may fax it to the
number located at the bottom, mail it to the address below, or drop it off in-person:
Planning and Development Department
221 N. Elm 8T
Denton, Texas 78201
Attn: Larry Relchhar% Development Review Manager
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
esponses 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 oppositan, than six
out of seven votes of the City Council are required to approve the zoning change. These forms are
used to calculate the percentage of landowner opposition.
Please circle one.,
In favor of request Neutral to request <jpppo:sad:t:o request
Comments:
Signature:,
Printed Name:. LrA] D$e? ~jE7H WEn1P_1n14
Mailing Address: f %&'&-A J 1 Q ' k i sf - 1
r
City, State Zip:. 1-f W r 5 V r L L E-1 '7-v 766 -7-7.4 lL /
Telephone Number: _q17.2- 317. (o a t?p ' r!
Physical Address of Property within 200 feet: -Al IV EcrhA-) Sr
li
CITY OF DENTON, TEXi 8 CITY WALL WEST DENTON, TEXAS 78201 , 940 349,8350 ~ (F) 940.349.7707
19.
i
i
F
NOTICE OF PUBLIC HEARING
Z•99.021
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
May 12, 1999, to consider recommending approval to City Council to consider the rezoning of 0.241
acres, from a Two-family Dwelling (2F) zoning district to a Multiple Family dwelling-1 (MF1) zoning
district. The properties are located at 415 and 417 Egan Street. The proposal Is to develop a two-story
multi-family dwelling.
The public hearing will start at 5:30 p.m. in the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the
sub*f property, the Planning and Zoning Commission would like to hear how you feel about this
zoning change request and Invites you to attend the pubfrc 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 hearing. (This
In no way prohibits you from offending and padkipeting In the public hearing.) You may fax it to the
number located at the bottom, mail it to the address below, or drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 70201
Attn: Larry Retchhart, Development Review Manager
The zoning process includes two public hearings designed to provide oppodurilves 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
field before the Planning and Zoning Commission. The Commission 1s Informed of the percent of
asponses in support and in opposition. Ssoond, 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. Thess forms or*
used to calculate the percentage of landowner opposltlon.
Please circle one:
In favor of request Neutral to request pposed to request
comments-
Signature:
b BZL~l,Cl~_
Printed Name:, (.l>.p co f i 'e-_ ~a n!f-
MailingAddress: 1. Lb V
City, State Zip; t r
MAY 5 fs99 (1- ~
Telephone Number:
Physical Address or Property within 200 feel PLA11,4iNO & D'c'4EIAPMENT
CITY OF DENTON, TEXAS CM WIt WEST • DEWON, TEW 79204 - 940.349.83b0 - (F) 940 340.7707
20.
r
i
a `
I
i
I
NOTICE OF PUBLIC HEARING
Z-99-021
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
May 12, 1999, to consider recommending approval to City Council to consider the rezoning of 0.241
acres, from a Two-family Dwelling (2F) zoning district to a Multiple Family dwelling-1 (MF1) zoning
district. The properties are located at 415 and 417 Egan Street. The proposal is to develop a two-story
multi-family dwelling.
The publlo hearing will start at 5:30 p.m. In the City Couna'1 Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the
subject property, the Planning and Zoning Commission would Pike to hear how you fee/ about this
zoning change request and Invites you to attend the public hearing. Please, in order for your opinion to
be taken Into account, return this form with your comments prior to the date of the public hearing. (This
In no way prohibits you from attending and participating In the public hearing.) You may fax it to the
number located at the bottom, mail it to the address below, or drop it off In-person
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Larry Relchhart, Development Review Manager
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
esponses 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) feel of the site submit written opposition, then six
out of seven votes of the City Council are required to approve the zoning change. These forma are
used to calculate the percentage of landowner opposition.
Please circle one:
In favor of request Neutral to request Opposed to reQuest
Comments: Eve., y`tez ofz~. it~w!?e uwty 44- rzc a~et. y,
1 .0
a'c.1'~i.~ atin•~-+~~G~rf~i%-./Y+~e~t.,i~fe~r/.~farr..ld.et,/.r_
Signature:
Pr nted Name: e
Mailing Address: 42Z & C~~„ ,s v O O r
City, Stale zip: AgIV-241 7Y 762,05-
Telephone Number. 5-o t .z6 de 11AY 1 11949 i 1
Physical Address of Property within 200 feet: o "I c,4e eoec v
PLANNING & DEVELOPMENT
CITYOFDENTON, TEXAS CITY HALL WEST • OENTON,TFW 76201 • 040 349 8350 • (FI0401340.7707
1
_ I
MAY-11-99 TUE 12t46 PM DOUG OR MILLIE !OHt4SOtr 940 3193 2960 P,02
;y
NOTICE OF PUBLIC HEARING
Z-99.021
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday.
May 12, 1999, to consider recommending approval to City Council to consider the rezoning of 0.241
acres, from a Two-family Dwelling (2F) zoning district to a Multiple Family dwelling-1 (MF1) zoning
district. The properties are located at 416 and 417 Egan Street. TM proposal is to develop a two-story
multi-famlly dwelling.
The public hearing will start at 610 p.m. In the City Council Chambers of Gty ball located at 21S E.
McKinney Street, Denton, Taxes. Because you own property within two hundred (200) feet of the j
subject properly, the Plannktg and Zoning Commission would like to hear how you fear about thb
zoning change request and Invites you to attend the public hea ft. Please, In order for your opinion to
be taken into nocount, return this form with your comments prior to the date of the public hearing. (This
In no way prohibits you from artendbg and paY/apatktg in the public hearkV.) You may fax h to the
number located at the bottom, mail it to the address below, or drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Tetras 76201
Attn: Larry Relchh*M Development Review Manager
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 berore the Planning and Zoning Commissiort The Commission 13 Informed of the percent of
3sponses in support and In opposition. Second, the zoning petition is forwarded to the City Council for
nal action providing the Commission reoommends approval. Should the Commisslon 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 she submit written opposition, then six
out of seven votes or the City Council are required to approve the zoning charge. These forms are
used to calculate the percentage of landowneroppost6on.
Please circle one:
In favor of request Neutral to request Opposed to roquest
Comments: dC.. t„ ~,L,t e ofLi /Prf is L,~. •/~,t
.cEuG ftssr fr diulPe.; i• G. ✓ e
i . '
a . E' dh y a e, r. (a , ✓Z:,•ts ^ /~e t, e7.G / ,L tAtt.pp
.~re.ld etc c
,o~+rct'~ur:r 127
?Y, r.-eac dead4~tpt,✓tss.E/ew1~l![.Lif%,tr~(r Peo/~.r
(lr7a siF:..~ ~fu
Signatre;
Printed me;
Na
Lk
MaftingAddress: (.N,
City, State Zip: 1Jf~ 2ne 7!, 2.n 5--
Tabphone Humber. 5-6 s'-.? 66 8o r
A
Physical Address or Property within 200 feet A" L'kAeee Ae ~e f t? r
CITYOFDENTON, TEXAS CITY HALL WEST • DENTON.TEXAS 76201 940.349.8750 • (F) 940.3491707
22.
t.
05-10-1559 03141FIl MYI OIL TO 349 X, -P.m
n
NOTICE 'OF PUBLIC WEARING
( I Z-99-021
The Planning and Zoning Commisslon of the City Of Denton will hold a public heerkg on Wednesday,
May 12. 1999, to consider recommending approval to City Council to consider the rezoning of 0241
acres, from a Two-family Dwelling (2F) zoning district to a Multiple Family dwegN.l (MF1) zoning
district- The properties are iocated'at 415 and 417 Egan Strnet. The proposal Is to develop a two-story
multi-family dwelling.
The P01`60 hearing will start at 5:30 P.M. In the City Council Chambers of City Hall located at 215 E,
McKinney Street, Donlon, Texas. i 84csuse you own property within two hundred f200) feet of the
subject property, the Planning and Zoning Commissib n would a* to hear how you feel about this
Zoning change request and Invites * to attend the public hearing. Please, in order for your opinion to beta In noken Into
prrohraccount
is you return thls form with your cornrnents prior to the date of from attending and partidpating In Me public hearing.) You may tax it to thte
number located at the bottom, mail It to the address below, or drop it off in-person:
• 1
Planning and Development Department
221 N. Elm ST
Denton,Texes 76201
Attn: Larry Reichhart, Development Review Manager
The zoning process includes tw~ public hearings designed to provide opportunities for citizen
involvement and comment. Prior tb the public hearings, landowners within two hundred (200) feet of
the subject property are notified of tie zoning request by way of this notice The first public hearing is
held before the Planning and Zoning Commission. The Cofrvnisebn Is informed of the percent of
responses in support and In opposhlon. Second, the zoning petition is forwarded to the City Council for
ial action providing the Commission recommends approval. Should the Commission recommend
.nonial, the petitioner may then appeal the request to the City Council. If owners of more then tweMy
(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 Courlcl are required to approve the zoning charge. These forms are
used to cafe Wale the percentage of landowner opposition.
Please circle one:
In favor of request Neutral to request Opposed to request
Common
Signature: i~+ Z ek< tea, tiN
Printed ame: Q d44 r T
Mailing Address: .?fr ems( fvo. Jr
City, Stale Zip: -Pi__ , ~'X I;l 2 S
Telephone Number. 7nyfD- 3C~~ SGtr~ rr'
Physical Address of Property within 200 Wt
r7YOFDENTON, TEXAS csr1i ALLymsr • o84TOKTEAS 78204 • 810.349. (F)846 .Se0
.7707
23. TOTAL P.01
c
it
i
ENCLOSURE 9
NOTICE OF PUBLIC HEARING
( Z-99-021
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
May 12, 1999, to consider recommending approval to City Council to consider the rezoning e: 0.241
acres, from a Two-family Dwelling (2F) zoning distrkA to a Multiple Family dwelling-1 (MF1) zoning
district. The properties are located at 415 and 417 Egan Street. The proposal is to develop a two-story
multi-family dwelling.
The public hearing will start at 5:30 p.m. In the City Council Chambers of City Han located at 215 E.
McKinney Street, Denton, Texas. Because you own property wthin two hundred (200) feet of the
subject property, the Planning and Zoning CommissAm 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 prohibits you from attending and participating in the public hearing.) You may fax it to the 1
number located at the bottom, mail it to the address below, or drop it off In-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Larry Relchhar% Development Review Manager
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 Ois notice. The first public hearing is
eld before the Planning and Zoning Commisslon. The Commission Is Informed of the percent of
sponses In support and In oppositlon. 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) feel of the site submit written opposition, then six
out of seven votes of the City Council are required to approve the zoning change. These forms are
used to calculate the percentage of landowneropposltion.
- -1-P ease circle n
in favor of request Neutral to request opposed to request
Comments:
l
Signatur I - I
Printed Name, M,, 91710
Mailing Address: _n~ yo ]eLf-♦ d -S ~ r
City, State Zip: ow LX 76 40~~ r A,
Telephone Number. gvrc 3~ S (5547•-ZZ 9
Physical Address of Proporty within 200 feet: ~t C&Ue'd
CITY OF DENTON, TEXAS CITY HALL WEST • DENTON. TEXAS 76261 ~ 940.349,6350 ~ (F) 940.349.7707
24.
f
A
I
~ i
i I
I
I
I
i
I
I
I i
I '
I
NOTICE OF PUBLIC HEARING
Z-99.021
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday.
May 12, 1999, to consider recommending approval to City Council to consider the rezoning of 0.241
acres, from a Two-family Dwelling (2F) zoning district to a Multiple Family dwelling-11 (MF1) zoning
district. The properties are totaled at 415 end 417 Egan Street. The proposal is to develop a Mro4lory
mufti-family dwelling.
The public hearing will start at 5:30 p.m. In the City Council Chambers of City Hail located at 215 E.
McKinney Street, Donlon, Taxes. Because you own property wttibi two hundred (200) feet of the
subject property, the Planning and Zoning Commission would tike to hear how you leel about this
zoning change request and k writes you to attend the public hearing. Please, In order for your opinion to
betaken into account, return this form with your comments prior to the date bf the public hearing. (This
in no way prohiblis you from attending and participating In the public hearing.) You may fax it to the
number located at the bottom, mail it to the address below, or drop it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Larry Reichhart, Development Review Manager
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
spouses in support and in opposition. Second, the zoning petition is forwarded to the Chy 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 subm" written opposition, then six
out of seven votes of the City Council are required to approve the zoning chs,%ge. These forms are
used to calculate the percentage of landowner opposltlon.
Pleasa.o cle one:
In favor of request to request Opposed to request
Comments:
Signature: l r I'V
Printed Name: 1 t IKe Noble fF
Matting Address: Q 0 QDi( 253 r
city, State Zip: _ O6orm TX- 7I.
Telephone Number. 540 387• 6f$0
Physical Address of properly within 200 feet: _ 40 (amiles5 ,
CITY OF DEMN, TEXAS CITY HALL wt=_sT - DertTOK TEW 76201 940.349.8350 • (F) 940.348.7707
25,
now
1
t t
I
i ~
I
l
i
- -
Planning and Zoning Commission Minutes ATTACHMENT 2
1
May 12, 1999
Page 4of4
'Discussion of Rem Is Included In Court Reporter's transcript attached to this set of minutes
(Page 286).
Motion carries 7-0.
13. Hold a public hearing and consider recommending approval to City Council the Involuntary
;I
annexation of 83.76 acres and a temporary Agricultural (A) zoning district classification
and use designation for such property. The subject property is located on the northwest
comer of the Loop 288 and Stuart Road Intersection. (A-85, Mesquite Meadows, Wayne
Reed) €
E
Motion by Salty Rishel and seconded by Bob Powell to continue public hearing to next regular
meeting.
'Discussion of item is included In Court Reporter's transcript attached to this set of minutes
(Page 286).
Motion carries 7-014. Hold a public hearing and consider recommending approval to City Council the involuntary
annexation 19.90 acres and a temporary Agricultural (A) zoning distdcl classification and
use designation for such property. The subject property Is located on the south aide of
Edwards Road, approximately 2,000 feel west of Swisher Road. (A-88, Lubbers Addition,
Wayne Reed)
Motion by Salty Rishel and seconded by Bob Powell to continue public hearing to next regular
meeting.
'Discussion of item is included in Court Reporter's transcript attached to this set of minutes
(Page 286).
Motion carries -0
15, Hold a public hearing and consider making a recommendation to ft City Council
regarding the rezoning of 0.241 acres commonly known as 415 and 417 Egan Drive from f
a Two-family dwelling (SF2) zoning district to a Multifam ly dwelling-1 (MF-1) zoning
district. The property Is legally described as being part of lot 7. Block 2 of the Barb's
Additon In the City of Denton, Denton County, Texas, The proposal Is to develop a two-
story mufti-family dwelling. (Z-99-021,416 &417 Egan Drive, Larry Reichhart)
Motion by Salty Rishel and seconded by Susan Apple to approve.
'Discussion of item is Included in Court Reporter's transcript attached to this set of minutes
(Page 287),
Motion carries S-1 (Carol Ann GWzer opposed 1
AIRECTOR'S REPORT i
a ,
18. Council Actlon. l r , ~
'Discussion of item is included in Court Reporter's transcript attached to this set of minutes
(Page 3(10).
17. Future Agenda Items.
'Discussion of Hem Is Included in Court Reporter's transcript attached to this set of minutes
(Page 300).
26.
i
t
Coadeoselt'" - -
Page 281 Page 283
I forth. I got to looking at other towns to we what they I Theft lots are plenty adoquate to both width
2 were putting on their main steets, I didn't we any 2 and square footage to build a good home on. In fact,
( minimal size lots, small houses. 1 found nice housed, s even in your staff report in here, it is said and we
4 well•built. They were obviously trying to project an 4 completely agree with this, that there Is no
s image of a prosperous happy town that traveler might s relationship between the tine of the lot and the quality
6 want to live in and maybe move their business to. They 6 or the price of the borne. I can take you throughout the E
7 didn't want to put their worst side out. They were 7 area and show you three and four and 5,000 square foot
e trying to get their best foot forward a Wes and afro lot lines or townhouse areas that got
9 I've spent two weeks trying to get something 9 boom selling for rive, six $700,000, very substantial.
10 to say to you and then 1 got up here and realized that to so that is not always the definition of the quality of j
I1 we've run out of time and you have run out of patience 1 i the lot.
12 and I have, too. 1 wanted to say that 1 would lice to 12 To the issue of it being protective zoning
13 ask you to respect the zoning that's been there all this 13 granted In 171, I would only say that that was zoning
14 time, retain the SF-10. 14 shortly after it was annexed Into the City. If It's
1 $ The only person in the world that I can see 1 s been zoned that way now for corn':rg on 30 years and
15 has any advantage to this proposal is the developer. 16 hasn't been developed and our dcvelopen looked at it.
17 And 1 do believe that be should not be the predominant 17 He's bad another enghneer look it. He's had our
16 Interest in this case. And I ask you to retain the 19 planning firm look at It It just doesn't make seou
19 hearing the zoning we have and thank you for your 19 right now to develop It like It's zoned, but It does
20 time and I'm sorry for running over on you. M wi:'i the request that we bring for you.
21 M;L ENGEL13RECHT: Thank you, W. Holland 21 And to the issue of traffic, it's zoned
22 Any questions, Commissioners? Is there anyone else 22 right now where you could build houses on there. You're
23 present who wants to speak in opposition to this 23 going to be putting some traffic on these streets. It's
24 petition? Anyone else present to speak in opposition to 24 just an bnemmeatal difference that we're Wkiag about.
S the petition? In that case, we have an opportunity for 25 And if you take your own staff report at 14 or is lots
Page 282 Page 284
1 rebuttal by the petitiomr, t and multiply It by the 9.55 trips per Slagle family hoax
2 M0. contxum: r1i try to be very brief, 2 that they use, using your numbers again and figure that
3 because 1 know it Is very late. Let me talk about a few 3 not over a 24-hour period of time, but say over a 12
4 or the things that Mr. Holland has said to you To the 4 bout day, you're looking at one additional car probably
s issue about the changing of the line on the south. The s somewhere stand every nine to ten minutes In and out of
6 changing of the line on the south, we own the same 6 this project. That is an insignificant Incremental
7 property, and if you're going to provide a buffer or the 7 difference in the number of trips. 1 would submit to
6 same type or zoning, which was suggested before would be a you that we don't add any additional trips that are
9 a good idea we agree that's a good Ws. It was done 9 significant to this mix. That what we're going to build
10 because that's the way that's the only way you could 10 Is a quality-type project. We've provided our own
I I do I% and we think that's good planning to do that, to 11 buffer. We've done away with the retail and W. Holland
12 use our own property to provide the buffer, and not let 12 said one other thing, that we should do something that
13 the buffer be on someone else's property. 13 protects the interest of the wighborbood mod of Denton.
14 And in talking about treats size lots,1 14 1 would say that getting a plece bf Ind
15 could nl out to you that point y throughout the 1)allas4L IS east's been zoned the same way sine 1971 has had no
16 Worth, ?forth Texas area, that you'd find that they're 16 constructioa whatsoever on it sad finding a develops ~
17 predominant size lots throughout they vary all over 17 that builds quality houses all over the rnetroptex to 1'
18 the place, the smaller ones and the larger coca. But 16 come in here end build some homes will benefit the City I (t-
19 the mean average would be somewhere In the 7 to 8,000 19 of Denton with some new tax base. Thank you very much I
20 aqua: a foot range. So that Is a fairly predominant size 20 fa : ,14 us be here tonight We'd appreciate it if
I lot that houses are built on all the time Is to the 21 you wound groat our request. ~
22 issue of undesirable homes the applicant that we 22 Min ENGSLORIXIM Commisslomrs, any
23 represent builds very substantial homes. He's a very 23 questions for the petitioner? Thank You. The public
24 good home builder. These will be very nice homes that '4 hearing is cloud. W. Reed, any real staff =Arks?
25 be will be building bee, 27.s Commiutoners, am there say questions for staff,
PLANNINO AND ZONMO COMMISSION :MAY 12,1999 Page 281 -Page 284
t
Ccndenseltrsr
Page 285 Page 287 r
1 eommrots or a motion? 1 200 fat was of Swisher Road. At this time 1 will open
2 MA WHEU comment. 2 all three public bearings.
Mx POwELL Motioo when he's fnlabed 3 MR WHEt. Mr. Chairman, matte the modoo .
e MR RISHEL t don't -1 ddak whet we 4 that we lave there items open and postpone them far
s discussed the fast time - I look back on the minutes s dismWon next regular meeting.
6 and the discussion that wt had was a concern for the 6 Mx rowEu, secood.
7 neighborhood that we saw and a oeighborhood that was 7 MA Emt. s.Eeter, it's Deco moved and
8 consistently on two sides of it, SF-14. I think that 8 Woooded to postpone and lave these items open until
9 the gaaxamanship that's been going on hero is not 9 the next public mating. Any discussion on the modoo?
10 appreciated And I think that my vote would be to 10 The text regular mating. We do have a motion, but if
I 1 maintain SF-10 in this area. I I you have no objection, we will simply ask if them h
12 MA ENGESBUXWR Mr. PowtU. 12 anyone who would bike to speak to any one of these
13 MR. rowEu if there are no other comments, 13 issues
14 1 am ready for a motion. Mr. Chairman, I would move to 14 Mk X13HEU Please.
13 deny approval or deny Z•99-036. IS MA EricwuaECtrr: is tbae anyone present
16 MA RISHE1_ Second. 16 who would like to address Agenda sum 12, 13, or 147
17 MA MEIDRECHT: it's been moved and 17 Anyone present wbo would like to address Agenda Item 12,
is seconded to deny. Any discussion on the motion? is 13 or 147 In that rase Is there any discussion on the
19 Sts. A►71£ rU just say 1'11 be voting for 19 modoo? All In favor raise your right hand Motion
20 the mwtioo. This looks pretty much like what we had 20 curl" unanimously.
2 t before. Arid at the time 2 know we had a number of 21 Move on to Item 15 hold a public baring
22 concerns about the extra lots as well as the lot size, 2>. and consider making a reeommendatioa to the City Council
23 MR mEuxECHT: Any other discussion? All 23 regarding the rezoning of 014 sues commonly known as
24 in favor of the motion raise your right bawd. Opposed 24 415 and 417, Eagan Drive from two family zoning to
(Ms. Gourdie is opposed.) 23 Muld-FamUy Mr-I zoaln,.
Page 286 Page
I MR LNGEURECrTr: Motion terries five to 1 The property Is legally described as being
2 one. And I have been requested that we have a short 2 part of Lot 7, Block 2 of the Barbs Addition, City or
3 break 3 Denton, Texas The proposal is to develop a two-story
4 (Short break) 4 Multi-Family dwelling. The public bearing Is open. Mr.
s MIL D4GELBRECHT: Item 12 is to bold a 5 Reichbart
6 public hearing and consider we are reconvened Hold 6 MA REXHWT: Thank you, Mr. Chairman. 1
7 ■ public hearing and consider recommeoding approval to 7 will try to be brief, the thing I want to point out
8 City Council the involuntary annexation of 80.7 acres 8 that the designation for Two-Family dwelling 2•F not
9 and temporary ail zoning district classification and use 9 sfi we don't have way 2,000 square foot lots That
10 of such property. 'the property is located on the WA 10 are some developers that would desire that probably.
it tide of Mcicina_y street and is direedY o f
12 Trinity Road. opposite of 13 ']his property, approximately 0.241 ears is
f
h 13 located on the coroer of Carroll Boulevard and Ewa
13 Item No. 13 Is bold a public hearing and 13 Stmt. Just to orient yourself, this is the Cbsmber of
14 consider recommending approval to City Council for the i4 Commerce, The lot on the corner of Carroll and Congress
is Involuntary annexation of 83.7 acres and temporary 15 Is the mew parking lot that Is being cocoveed right i
16 agricultural zoning district classification and use 16 now. 7U request is forMuld•FamUy zalrp Oa this '
17 des gnation for such property. Tae property Is located 17 property per the 198 Deal= Development Plm It's
18 in the northwest comer of Imp 288 and Stewart Road I8 Identified as a moderate activity toter and our r f'-\ r,
19 intersection. 19 analysis finds it - the proposed development Is
20 Item 14 is to bold a public hearing and 20 consistent with both the policies and trip Intensities
consider recommending approval to the City Council 21 of tbe'88 Dcutoo Plan. We also find that this proposed
Involuntary uoexatioo of 19.9 acres and a tempcewy 22 development is somewhat consistent with the policies of
23 agricultural zoning district dasAfizedoo and use at the 191 Denton Plar
24 designation for such property. The subject property Is 28. Analysis of the trip gauerstion indicates
23 located on the smith Side of Edwards Road approximately 23 that as a moderate activity center. We could generate
PLTNNINU AND ZONTNO COMMISSION MAY 12,1999 Page 285 • Page 288
i
I
t
COVdMW1tTM
?&V 289 Page 291
1 up to 84 trips per day from a site of d a Size. We 2 Multi-Family housing on this property with a density
2 Indicated that a p%Ie-Family with two homes, rWtring 2 limitation .
j that wan a duplex, would generate approximately 19 trips 3 The site is Ksoeat to carrot] Boulevard
4 per day, when an yxrtmeot complex, we estimated 4 sad is compatible to an existing apartment complex 10
3 took ao assumption if it was nix win, Considering the S the south. And this is a view or the site looking
6 site Coastraints, setback requiremeals, square footage 6 aouti* we're taking about the comer parcel right yen
7 of the lets, the parking requirements associated with 7 and the parcel just beyond this, And this is looking
8 that, that we might get six units. You might get a 8 north now on Carroll BOUICY&A this is the existing
9 rink bit more, We really don't think that's posxible. 9 apartment complex that's right bchiad that property.
10 Assumlog a 40 percent lot Coverage, that 10 7be - as an la-field development, it will provide a
I I would generate 40 trips per day and that's still below 11 transition to the existing «sidrntial neighborhood It
12 what's recotnmendcd as ■ moderate activity center. 12 provides for a variety of housing styles within the
13 Access from the site would be from Figen Stmt, not 13 general ores and provider higher density housing
14 Carroll Boulevard. We believe that the rout capacity t4 close proximity to the Central Business District s as
13 16 the Increased with Carroll Boulevard is adequate to handle 16 ideatihed to both the'88 Decto0 Development Plan and
16 acrrased over s Two-Family dwelling twit 16 the '98 Deoton Plan.
17 Sidewalks would be required along all public streets for 17 Rezoning the site to Multi•FamUy
III development during tin platting atage. 18 Restricted, which is mMzoning District will provide
19 Off street parking would have to be per code 19 additional density controls for the site and limited
20 deMdiag 00 one, two, three bedroom conftgtxations of 20 development or the site to what we estimate as at the
21 the future development. The property would have to 2t maxhmrar would be four, one at two bedroom units, whicb
22 coarorm with the f e0dscaptng Ordinance. Atso would halt 22 Is more b keeping with the existing cbmcw of the
23 to conrorm with the park dedication and park development 23 oetghbori, vd. So :loft' does recommend approval of this
24 fees. We would propose the standard lighting 24 with the M cnaditions that the zoaing district
stipulation, that lighting an the property should be 26 elassiftcation and tae designation of the property,
Page 290 Page 292
I des geed and maintained so as not to shine on or 1 subject property be rezooed to Muld-Family Restricted
2 otherwise disturb surrounding residential property or to 2 and then we have the lighting condition that we've also
3 shine end project upward to prevent the diffusion into 3 recommended. And I'll answer any questions.
4 the night sky. 4 six. ENOEL sRECHT: commissioners? Would you
S Notice was published to the Denton Record S please briefly review how you came to the restriction?
6 Chronicle Sunday May 2nd. 22 property owners were 6 What art the criteria of the restriction? I somehow
7 notified by certi f ied mail. 90 courtesy mailings went 7 missed part of that
8 o it I do have since the staff report, we have 8 ask AMCHBAAT: Tlse Multi•Fao ily Restricted
9 gotten a couple of eddidocal responses, In all we have 9 Zoning requires, I believe, 2,600 square fat for a two
10 six responses now. ilia arc opposed, two ate neutral 10 bedroom.
I t to this, and one Is in favor. Of the ones that are 11 Mk DMOJZsW. 2,300 square fat of Isms
It opposed, that you don't have in the staff comment and 12 area for a one bedroom
13 I'll pass these out. Here's a little written comment, 13 MX aF3OUMTo And MuitiyFamily is in the
14 also, and It comes from the property cater-cornered 14 range of 1,600 square fat, l believe it ii for a two
Is across the stmt 'chat even though then are other IS bedroom. And then every additional bedroom requires 3D0
16 Multi-Family units in the area, I still feel that the 16 square fat So that MFR reatr:Ctioo with the size of
17 proposed dwelling Is out of cbancter with the basic 17 the lot will limit the maxlmrw capacity with a 40 r 1
18 Single-Family dwelling stmospb" of tins neighborhood. 18 percent lot coverage laodscaping, 20 percent
19 It would set a precedent lading to furtlmr high density 19 landscaping, setbacks, parking, ilhe most he'll get on
20 development. And it would ultimately lead Loa 20 there Is four. And considering the lot eonfigmadoo,
degradatloo of the quality of life In this neighborhood 21 wizen the road cut has to be and everything, it might
e2 And 1'U pass these out 22 even be. difficult to set four on then,
23 There are utilities 't. the am that s"oe 23 Mk FNOELBKECHT: is that two or three
14 this site, existing utili4es, water and sanitary sewer 24 story?
23 in the area TLC staff guppo(U the development of 29. 2f Mk nElcNMT: Two story.
PLANNTNO AND ZONMO COMMISSION :MAY 12, 1999 l Page 289 • Page 292
J
CondenseltO1
Pop 29)
Page 295 ~
I six rowed: tr be puts more spartmexats In 1 loot. EXCEURECHT: How, this is Single-Famt?y
2 three stories, you've got to bave nape parking, ao I 2 tbst'a -
don't know that be's gaining anything. Just a commaL s six RES7a1ART: it's Two-Family.
+ MR. REICHHART: well, that was part of our 4 six ENGEteRECtrr: well- IN toted, but it
S anslyals too, AP -a put more ttrdts on you need ttrore s serves as Single-Family behind them, so we have this
6 parking. And if you recall, this was an existing 6 mate of the throe storks up against the Single-Family
7 footprint of a building that was on them it's no 7 Apia?
8 longer on the Site. 1 believe that we're going to try 8 Mx REtOMUT: 1 believe we have the
9 to require - of will require that the curb cut be on 9 ability to put a height restricdoo on a toolog, 1
10 this cod of the site farther away from the Intersectfoq 10 believe w c have the ability to put additional buffering J
I I Well now limits if he's got to seas the site from I1 on the Site. Tbere is a set-foot site setback
12 hero, maybe you pull over Into this arcs for your 12 requirement and that would be a buffer yard per the
13 parking and that pushes your building back Into the site l3 Landscape Ordinance and we cat increase that or identify
14 a little bit MOM which is going to make It - you have 14 what type of buffer we want In that.
is kas area to really develop. 35 Ms. APPLE: wouldn't this be next door to
16 $1 the sit' Is it very unique site to try to I6 that existing two-story apartment building?
17 develop and it's in this configuration. It's two l7 Mx RMCHHARn n would be - the existing
I I propertia right now. And, basically, this one Is 18 two-story spartmcat building Is right wbeae my pen is
19 undevelopable, and it because that toarvirstioo, we 19 here. It's South of that.
20 believe, when Carrots Boulevard was widened And a lot 20 stx RrsHEU since be owns the property
21 of the rot-of-way takings were done in that area. 21 right text door to that, if he developed that as
22 1615. APPLE: Do you have any Ideal what 22 Muld-Fatuity or whatever else, isn't be required to put
23 they're thinking about, like, since you can only do four 21 a buffa fence or it fence between, the residents behind
24 units, maybe four two-story townhomes or, I mean, did 24 him or east of him In that unit?
YOU get any Indication of what they're looking at? 23 Mx REIC't1RUT: I don't know because they're
Page 294 Page i
t MS. REICHHART: I do know the applicant was I both toed 2-F. I think it's use of use between
2 going to be here tonight. We talked just before the 2 user, It doesn't for any buffer yard it doesn't
3 mating started. And 1 don't know if he was here and 1 speak in tams of itxampa4'ble toning. It's diferent
4 ended up going home because of the hour. I really can't 4 uses. So if you went to a duplex or a two unit,
3 speak of that. S additional screeaing would still be required
6 But the first time we spoke, he had it Is 6 mx RrsHiu would be?
7 an architect that's representing the owner of the 7 Mx RMRKART: I brUev'C $o. j
e property also owns the adjacent property. He is an s six uoKeosorr multi-Family uses shell
9 architect He thought he was going to get up to 12 9 buffer when adjacent to Single-Family housing wen
10 units on then site. And, you know, that is totally 10 Mx aE1Cmwr- Another consideration that
11 unfeasible, just given the physical constraints of the 13 we bad along Carroll Boulevard is that a lot of these
12 site. So 12 especially In this area, you m a lot of the bouses up
13 E 1R. E14OELBRECHT: So it's relatively obvious 13 and down Carroll Boulevard turning over a little bit
14 that they're trying to put as many on here as they can 14 into commercial-type activities with a 6e1msUM
15 get? is Tbem's a psychologist on the corner, to diffaeut -
16 MR. REICHHART: I would believe that they're 16 mots lr7re home owu*oa% attorneys and those type of ~
17 going to try to maximize the site, but given a 40 17 things along Carroll because - A
18 percent lot coverage and a 20 percent landscaping, that to Mx ENOELnRP.CHT: well, l mean, not ! J
19 leaves 40 percent to parking, and wo haven't found that I9 totally -
20 that 40 percent you know, 50150 ratio to building and 20 ' Mx aE1CE wts The borne ownership, in that !
parking works out 21 the cwtta of the property In a lot of these taus wasn't
MS. APPLE: Are they aware of that? 12 residing at these addresses. So 1 mat, they're metal
23 MR. REICHHART: ON yes. And they are aware 23 and -
24 of our conditions. 17hey did get a copy of the staff 14 six ENQEt9RECHT; night. Fxwdy. So these
25 report 30. s ca ld be restricted to two-AW
PLANNING AND ZONiNO COMMISSION MAY 1999 l Page 293 - Page 296
t
t
Condenselt" - '
Pap 297 page 299 s
1 VOL JIMCHKART: it could be. 1 remarks? Commissioners, soy questions?
1 Mx ENGETBREOM ADOtber Item, In the 3 Mx WSHEU Comment and a motion,
analysis, you bad a atatemeot, l don't ]mow If I've ever 3 Mx ENOELBRECHT: Yea.
4 seen this before. Neigbborbcod infield deveklpmeot 4 Mx RMHEU 1 think this is a great
s should be It's page - well, Denton Planned Policy s opportunity for us. I think it's consistent with what
6 Analysis Summary, neighborhood infield development 6 we we In the existing are with regard to construction
7 should be compatible with existing Ind uses and 7 and use and type and l thlak this is a good opportunity
8 buildings and we bave tadmown. I to develop a piece of property that already uses our
9 Mx RMCHHART: And the reason that was Is 9 Infrastructure in our community and I'm going to be
I D because to be compatible In my opinion and in staffs to voting for this, and I'd like to make a motion unless
I 1 opinion, is we coed to know exactly what it's looking t 1 there's other comment I'd Ut to trove to recommend
12 like. I men, you could have tame uses, side-by-side, 12 approval of Z-99-021
with the following conditions as
j
13 even Single-Family houses, but if someone builds a roetai 13 identified by staff, two conditions u identified by
l4 shed residence Dext to a brick resl&moe, it's not N staff.
Is compatible. And I was looking mote not of use as much Is Mx REICHHART: Would you like to put the
16 as visual compatibility with the neighborbood. Design 16 two-story restriction on?
17 issues and 1 guess 17 MR. RLmHELt Yes, I would like to put the
I I Mx ENGELSRECHT: Okay. I wssn't sure what I I two-story restriction on that, and I forget what that
19 that meant and that's why I was asking. 19 was exactly. Would you mind reading that again?
20 Mx REICHHART: And In that nelghborhood, 1 20 MIL RMCHWT: That was developed during
21 don't know if a total brick building would be 21 conversation, so I think it would be with a limitation
22 compatible. I hewn, most of the buildings in that area 22 of a two-story maximum buH&S height
23 aren't L,,tal, 100 percent brick. So the archltectural 23 M. APPLE: second
24 compatibility is a good question, 24 MIL REXHHART: A third additional so
t Mx ENGELBRECKr: in addition, them were 23 there will be than condition. The maximum of two
Page 298 Page 300
1 three folks in opposition. And there two earlier, 1 stories, Multi-Family Restricted woing and a lighting
2 and now three. And there was an indication that the 2 condition arc the three.
3 applicant did not want to have a public hearing? 3 Ma;'OWELL: SO It's a maximum height
4 MR REICHHART: The applicant would be 4 condition of two scoria plus the two conditions by
S the last I talked to him about that, would be willing to 3 staff. 'Hat's what you meant wain'; W.
6 have a public or a neighborhood meeting, Quite 6 MR RISHEL Yes, sir.
7 honestly, he wanted to ace what the issues were, l 7 ASS. Art 1E That's his motion and I'll
8 guess. And I'm speaking for him and I'm paraphrasing, I second that motion.
9 to sec what the issues of the major topics would be 9 Mx mcuaEaff. Any discussion on the
ID prior to having that meeting before City Council, to motioo? Ali in favor false your right hand. Opposed
I I MR ENOELBRECHT: For who? Us? 11 same sign.
12 MR REMWART: Well, if there's any 12 Ma. 0AV1ER: opposed
13 neighborhood opposition. 13 MRLItGMJRECKTI Mod*aCanis IIx to
14 MR. ENGELBRECHT: But you did inform him 14 one. 71st motes us to the Director's report which I'm
is that traditionally we have these before Is sure can be done to one ialoute.
16 ASR. REICKRART: I did inform him, 16 MR DONAIASGN: 1 wan! to thank you for r
I I MA ENOELBRECHT: All right. Commissioners, 17 maintaining ym good humor tonight. These are tough I A ,
18 any other questions? 'thank you. Is the applcant 16 but sometimes It's just best to follow through. I'll
f
19 present? Obviously not, but we'll ask the question. 19 remind you of the special ailed mating for a week from
20 Care to speak to this issue? No applicant Is present. 20 whenever it was wbem we started. May l9rh. Dave Hill I
I Anyone present who wants to speak in favor of this 2 t has been sick and we had promised you to have a packet
22 petition? Anyone present want to speak in favor? 21 W'e're unable to deliver that 10 you tonight. We'll get
23 Anyone present want to speak b opposition to the 23 it 10 you AW.
14 petition? Seeing no opposition, rebuttal opportunity is 24 Mx L-I''GELAAEC31T: 'that's It?
13 waived. Public hearing is closed. Any final staff 2! 31 • Mx iusHm mow do we avoid matIngs that
PLANNING AND ZONiNO COMMISSION 1 MAY 12j 1999 Page 297 • Page 300
t
3
_ - - 1
Condaudit"
Page 301 }
1 go to 2:10? What is the aoout to thds?
2 MA Dowuneorr: we've had some discussion.
71e CommWoo has the ability to adopt rules 1
4 haven't talked with Mike about Wt. But previous i
S Commissions and Councils that I've wonted for have
6 actually adopted rules that they won't talte on a new
7 Agenda Item after whatever time they pick.
8 M0. RISHEts But even if you've held public
9 notice.
10 Mk BVCEx: I've had some raga In some
11 cnmmuoidea of how many public hearings they'll do on an
12 Agenda, and when you get to, hire, five public hearings,
13 you say, I'm sorry. you're oe the teal
L4 MR. DONALmm we don't feel that the staff
13 has the authority right now to say, I'm sorry, we just '
l6 can't take -
17 Ms. APPLE: we need direction from the
i
18 Commission.
19 MR. MmEaRECtrr: so ladies and gentlemen,
20 we need to think about this.
21 MA Rtsm- id like to look into ways of
21 limiting that. I think we become less erfective this
23 late at night.
24 Ms. APPLE: 1 do, too, I feel uncomfortable ,
s making important decisions at this time of olghl or
Page 302
I morning. 2 MS. GOU LDIE Can WC discuss this later?
3 MR PGwEL4 t would recommend that we
4 consider a rule adoption that we don't take any new
3 items after 11:00 pm. I'm not asking for a vote
6 tonight. I'm just asking that wt: consider that at our
7 neat meeting. Might put it on the Agenda
8 MR. BUCEK- So long IS WhAt you're saying is
9 you open the public hearing on the next one and you
10 continue it to the next mating. Because the problem
11 once we post that notice, we've got to do that But
11 once you have that policy, if you're sitting out there,
13 you know that's going to happen. You know U it's 11:30
14 and yours comes up, you know you're not go'mg to hear it
is and the public would be on codoe of that.
16 MX ENGELERECHM Yea& If the Coramissioa /
17 would consider that, and we would ask staff to bring us
/ d
16 back comments with regard to that approach to we if
19 d='s any other Issues we need to consider. We are
20 adjourned. 71ank you, ladies and gentlemen,
a
21
u
24
is 32. _
PLANNING AND ZONING COMMISSION :MAY 12* 1999 k4e 301 • Page 302
4 t
I
Kxwt+vaiuxs~taa~rtucaa. m..~.sam.wsr: wmi as,.,. I.
ATTACHMENT 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
TWO-DWELLING (2-F) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION
TO MULTI-FAMILY RESTRICTED CONDITIONED (MF-R[C]) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 0.241 ACRES OF LAND LOCATED AT
415.417 EGAN STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE (Z-
99-021).
WHEREAS, Shahab Banihashem, on behalf of Mohammad Bagher Hashemi, has applied
for a change in zoning for 0.241 acres of land from Two-family dwelling (2-F) zoning district
classification and use designation to Multifamily dwelling-1 (MF-1) zoning district classification
and use designation; and
WHEREAS, on May 12,1999 the Planning and Zoning Commission recommended approval
of a change in zoning to Multifamily restricted (MF-R); and
WHEREAS, the City Council finds that the change in zoning will be in compliance with the
1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management
/ Strategies and Plan; NOW, THEREFORE,
\ THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the zoning district classification and use designation of the 0.241 acre
property described in the legal description attached hereto and incorporated herein as Exhibit A is
changed from Two-family dwelling (2-F) zoning district classification and use designation to
Multifamily Restricted Conditioned (MF-R[c]) zoning district classification and use designation
under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following
conditions:
I. That permitted land uses be restricted to those described in the list attached hereto and
incorporated herein by reference as Exhibit B, and allow land uses permitted with a Specific
Use Permit in an Multifamily restricted (MF-R) zoning district.
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. Maximum building height is two (2) stories +
i A
SECTION 2. That the City's official zoning map is amended to show the change in tuning +
district classification.
SECTION 3. That any person violating any provision of this ordinance shall, upon
conviction, be fined a suns not exce tding $2,000,00. Each day that a provision of this ordinance is
violated shall constitute a separate and distinct offense.
33.
I
XWtWV0LiWARAVOcr OMWate..as~«aeKhmin a
4
SECTION N, That this ordinance shall become effective fourteen (14) days from the date 1
of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage. {
PASSED AND APPROVED this the day of 1998, 4
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
C APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: A40 ~
i
'A I
Page 2
t
MAR-e4-99 04122 PM GREG EDWARDS 1400919002 e2
EXHIBIT A
LEGAL DESCRIPTION
Being All that certain lot, tract of PAW of land lylag end befns situated in the Cky Land County of
Vernon, State of Texas, out of the ROBRRT BEAUALONT StIR%%Y, AASTRACT NO.31 and
bsir g part of lot 7, Block 2 of the BAIM'S ADDITION, an addition to the City of Denton, T,%as,
according to the plat thereof, shown of record In Vulume Q, Page 136, decd Records of M-ni on
County, Texas, and being the some property described as Tracts 1 In Warranty Deed to Seyed
Moharrunad BagherIlashemirecorded In Volume 2351 Page 006 afthe Decd Records Denton.
('ounty. Texwt. and being more particularty, described as roilnws:
Bcj Inning at the northeast earner of said lot 7 block 2 of the Barb's Addition a point in she south
line of L:gan Street,
Thence South n1ong the East boundary tine of Lot 7, a distance of 150 feet, more or less to a point
for wmer, same being the southeast comer ort of 7;
Thcnce Weat fang the South boundary Gne of t.ut 7, a distance of 50 feet, more or less, to a paint
for comer;
Thcnce North parallel with the can line of sold Lot 7, a distance of 60 rect. more or less. to a point
for corner,
Thence Welt and parallel with the north fine of acid Lot 7, a di stance of 31 feet, more or less. to a
point fur corner;
Thence North and parallel with the East boundary line of said toot 7, a distance of so fm-t, morn or
less, to a print for corner in the north line ofsald Loot 7;
I hence Fav with the North line of said Lot 7, a distancx at $ I feet, more or leas. to the place of
bex:nning containing approximately o. t481 acres of land.
1
i
? EXHIBIT B'
eMF-Ati Dtvlti Pily Dwelling Dierrict Raetriotad i
PERMITTED USES1
Primary Rasfdentfa sea
One Family Dwelling Detached
One Family Dwelling Attacheo
Two Family Dwelling
Multiple Family Dwelling or Apartment
Community Unit Development
Educational, Institutional L special Uses
Church or Rectory
Group Homes
Occasional Sales
Park, Playground or Public Community Center
School, Public or Denominational
Utility, Accessory an Incidental Uses
Accessory Building
Community Center (Private)
Electrical Transmission Line
Temporary Field or Construction Office (Subject to Approval and
Control by Building Inspector)
Fire Station or Similar Public Safety Building
Gas Transmission Line and Metering Station.
Home occupation
off-street Parking Incidental to Main Use (If main use is allowed
in MF-R district.)
Sewage Pumping Station
swimming Pool (Private) ,
Telephone Line and Exchange Switching or Relay Station
Water Reservoir, Water Pumping Station or Well
Recreatlonal and Fntertainm nt Uses
Public Golf Course
Publio Park or Playground f
Transportation Related Uses
Railroad Track or Right-of-Way
Agricultural Tyne Uses
Farm or Ranch i
4
~ n
n
/ 36.2-;0
t
i
1 ~
I
6
A
I
1 •
"Mr-Ait multi milt' nvellinq nistriat Reetriated
laontinvea:
Pf4HITTRn QBEB WITS APPRO D BY ;PZO QBE PxRXTT2 ; i
Educational - I` ns enal & special tees
Art Gallery or Museum
Cemetery or Mausoleum
college or University or Private School
Day Camp
Day Nursery or Kindergarten School
Fraternity, Sorority, Lodge or civic Club
Halfway House j
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
School, Private Primary or Secondary
Utility. Accpnnory and Incidental Uses
Electrical Substation
3ff Street Remote Parking
Public Building, Shop, yard of Local, State or Federal Government
Radio and/or Television Microwave Tower
Water Treatment Plant
Recreational and Entertainment Ucag
.ountry club (Private) with Golf Courae
Public Play field or stadium
Stable, Private Club
Swim or Tennis Club
Trar1$,p,Qrtat1On Related U u
Airpozt Landing Field or Heliport
\ 1ff-street parking incidental to MF-1, MF-2, or any non-residential
sse.
[1AEA REQVIREMENTBt
Kinimum Lot Size: 6,000 Single Family Detached
2,000 Single Family Attached
60000 Two Family Dwelling
6,000 Multi Family Dwelling (1 to 3 Stories)
Minimum Lot width: 60 feet - Single Family Detached
20 feet - Single Family Attached
60 feet - Two Family Dwelling
60 feet - Multi Family Dwelling
44 'mum Lot Depth: 100 feet for Residential Uses
4aximum Building Coverages 40% of Lott Area
3
I~!. 37.
i
61mr-It" multi riily Dvellina„Diftriet Remtrieted
Mnntinuedt '
YARD 1EnUIRRM1KTe! -
Front Yards 25 feet minimum.
Side Yardt Minimum 10 feet for 2 stories, or 1 foot for every
2 feet of building he!.ght, not to exceed 50 feet.
Rear Yardt Minimum 10 feet for 2 stories, or '1 foot for every
2 feet of building height, not to exceed-50feet.
Hum .tQuraT12 6f
Three stories except as followss
In the districts where the height of buildings is restricted to two
(2) or three (3) stories, cooling towers, roof gables, chimneys and
vent stacks may extend for additional height not to exceed forty-
five (45) feet above the average grade line of the building. Water
stand pipes and tanks, church steeples, domes and spires, and
school buildings and institutional buildings may be erected to
exceed three (3) stories in height in residential areas restricted
to two (2) or three (3) stories in height, provided that one
additional foot shall be added to the width and depth of side and
rear yards for each foot that such structures exceed three (3)
stories in height.
DENSITY ATANDARrgt
(a) Onit density standards for MF-R zone. A one-bedroom unit
requires a minimum land area of two thousand three
hundred (2,300) square feet. For each additional 1
bedroom, an additional three hundred (300) square feet of
land area is required.
PAREINa REdUL•ATIONet
Residentialt
(a) One (1) space for each bedroom unit in dormitories,
rooming houses, or other group housing structure.
(b) one and one-fourth (1.25) spaces for each efficiency
unit.
(e) One and one-half (1.50) spaces for each one bedroom unit. 4
(d) One and three-fourths (1.75) spaces for each two bedroom
unit.
(o) Two (2) spaces for each three bedroom or larger units. ,
Non-re_identialt See Article 34-115 (8) which is based on use.
6UPPLEMENTAL• RE6U•ATIONBt i ,
' i
1. Signs
2. Lighting
3. Landscaping
4. Screening and Fencing
3 3B
E
c
1
I
i ~
Aa«w k-I
nano s 49_ 4
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE
SETT LEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND WILTON RAINEY
IN FINAL SETTLEMENT OF LITIGATION STYLED WILTONRAINEYV.. CIIYOFDENTpN
AND RANDYA. LEAYELL, CASE NO. 99-20152-158 FILED IN THE 158"' DISTRICT COURT
OF DENTON COUNTY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION L That in litigation styled Wilton Rainey v. City of Denton and Randy A.
Lemrll, Case No. 99.20152-158 filed in the 15e District Court of Denton County, the City
Manager is authorized to execute the proposed Compromise Settlement Agreement between the
City of Denton and Wilton Rainey, attached hereto and incorporated by reference herein.
I
SECTION 2. That the City Manager is hereby authorized to make the expenditures and
take the actions set forth in the attached Settlement Agreement.
S CTION . 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
I
BY:
APPROVED AS TOLEGAL FORM:
HERBERT L. PROUTY, CIT4 TORNEY
F',nntdepJ.OLOW OawanrQdlnnt 'nq nrtemnn Ae
r
f
c
i
t
f
r
CAUSE NO. 99-20152-158
WILTON RAINEY, § IN THE DISTRICT COURT
Plaintiff §
V. § 158T JUDICIAL DISTRICT
$
CITY OF DEN rON AND §
RANDYA. LEAVELL, §
Defendants. § DENTON COUNTY, TEXAS
COMPROMISE TT L ENIENT & E ..A . OF I t ~t st1NC
KNOW ALL MEN BY THESE PRESENTS:
That it is agreed by and between PLAINTIFF, Wilton Rainey, and the RELEASED
PARTIES identified as the City of Denton, Texas, and its past, present, and future officers, elected
officials, employees, agents, and allomeys (all in both their official and individual capacities), and
their respective insurers, and those in privity with any of them, and Randy A. Leave]), and his
family members, employees, agents, insurers, and attorneys, and those in privity with any of them,
as follows:
1. The City of Denton, Texas will pay to PLAINTIFF the total aggregate sum of
THIRTY THOUSAND AND N01100 DOLLARS ($30,000), and will also require Randy A.
Leavell to undergo additional sensitivity training within the next six (6) months as a condition of his
employment by the City of Denton, Texas, the receipt and sufficiency of such consideration being
hereby acknowledged.
2. For and inconsideration of said payment, PLAINTIFF, Wilton Rainey, hereby fully
releases, discharges, and acquits the RELEASED PARTIES, from, and agrees That the sum so paid
shall be in full and final satisfaction and compromise of. all actions, causes of action, claims
(including subrogation claims, claims for contribution or indemnity as to money paid in connection
i
with this settlement, claims under the survival of actions statute Tex. Civ. Pray & Rem. Code
ti
t
§71.021, etc.), and demands, 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 injuries, damage to reputation, pain and j
suffering, grief, bereavement, loss of consortium, loss of companionship, damage to familial
relationship, mental anguish, psychic injury, loss of earning capacity, loss of household services, {
{
loss of wages, loss of profits, loss of money, damage to property, taking of property, attorney's fees,
pre- and post-judgment interest, and all other causes of action and damages whether known or
unknown and whether heretoror asserted or not, owned or possessed by PLAINTIFF aganst any of
said RELEASED PARTIES growing out of or in any way connected with: the incident which
occurred on or about February 28, 1998, all as more fully described in the pleadings on file herein,
to which reference is made for more complete description; any events or litigation tonne -ted with or
growing out of said incident or this settlement or any event which occurred prior to the date of this
settlement. PLAINTIFF does hereby agree to indemnify and save harmless the said RELEASED
PARTIES of and from all further claims, demands, costs, or expenses arising out of tmy injuries and
damages sustained by Plaintiff or by any of his respective natural or adoptive family members or
relatives, as a result of said incident; any of the events connected with, or growing out of, said
incident or this settlement; or any event which occurred prior to the date of this settlement
t
3. PLAINTIFF understands and agrees that the amount paid under this agreement is in
full satisrkction of all injuries and damages arising on account of the above described events and
that he will receive no fi,rther sums of money therefrom. PLAINTIFF agrees to not asset or
prosecute any further claims or lawsuits therefor against anyone whomsoever, whether or not herein
or otherwise named, described or identified. Any and all claims against parties not specifically i~
released hrrrin, if any, are hereby assigned in full to the parties hereby released. t
I
COMPP MASE SEMLMEN'r AND REL EASE OF ALL CLANS FACEr I,
_ 1
c
i e
4. Further, PLAINTIFF expressly warrants that there are no outstanding unpaid
hospital liens, medical insurance subrogation claims, or property damage subrogation claims, and it
is expressly understood and agreed that PLAINTIFF has already paid or will pay out of the
aforementioned sum of THIRTY THOUSAND AND NO1100 DOLLARS ($30,000) all property
damages and medical, doctors' and hospital charges received In the past or to be incurred in the
future, and that PLAINTIFF will defend, indemnify, and hold harmless the said RELEASED
PARTIES, of and from the payment of such subrogation claims and hospital liens (especially with
reference to any liens under the Texas Hospital Lien Law). 1
5, PLAINTIFF expressly warrants that his spouse, if he has one, has not suffered any
loss of consortium as a result of the events in question or PLAINTIFF'S alleged injuries and
damages. PLAINTIFF also expressly warrants that no member of his family has suffered any
psychic injury, mental anguish and/or damage to the familial relationship'as a result of the events In
question or as a result of PLAINTIFF'S alleged damages and injuries. PLAINTIFF agrees to
defend, hold harmless and indemnify the RELEASED PARTIES from the payment, and for the
defense, including, expenses, and reasonable attomey's fees, of any and all such claims for loss of t 1
consortium, psychic injury, mental anguish and'ordamage to the familial relationship.
6. PLAINTIFF hereby represents Imd warrants to the RELEASED PARTIES and to
the Court that no promises, representations or agreements not set out herein have been made to him;
that this Compromise Settlement & Release of All Claims is executed without reliance upon any
statement or representation of any person or parties released or their representatives, conceming the
nature and extent of the injuries, damages andor legal liability therefore, that acceptance of the
consideration set forth herein is P. full accord and satisfaction of a disputed claim, which is incapable
of being exactly determined, and for which liability is expressly denied, and that this Compromise 1 f
COSfl'ROMISE SEtt+ EM ENT AND AELEASEcX ALL CLAVI PAGEI
,
1
t~
t~
4
Settlement & Release of All Claims is made of his own free will and accord after consulting with
and acting upon the advice of his attomeys.
7. The parties agree that neither PLAINTIFF nor the RELEASED PARTIES shall
release, publish, or otherwise make known to third parties the terms of this Agreement, unless
required by a court of competent jurisdiction or the Texas Attorney General, or unless otherwise
required by law.
S. FOR THE SAME CONSIDERATION, it is agreed that the above-styled suit will be
dismissed with prejudice to refiling the same, and that costs of rourt M11 be taxed to the City of
Denton, Texas.
9. Although originally drafted by attorneys for the City of Denton, Texas, this
Compromise Settlement & Release of All Claims is a contract which is the product of negotiation
between the parties and attorneys for the parties and which shall, in the event of any dispute over its
meaning or application, be interpreted fairly and reasonably, and neither more strongly for or
against either party. This document contains the entire agreement of the parties hereto. THE
PROVISIONS OF THIS COMPROMISE SETTLEMENT & RELEASE OF ALL CLAIMS ARE
CONTRACTUAL AND NOT MERE RECITALS. I
WITNESS OUR HANDS this day of 11999.
I
Wilton Rainey
APPROVED:
t (fir
Atlomey ror PLAINTIFF
i
i
COMPROM, S'c SETTLEMENT ANO RELEASE OT LLL CLA OqS..,PAOE /
(
t.
crw
THE STATE OF TEXAS )
i
COUNTY OF DENTON )
This instrument was acknowledged before me on the, day of i999, by
Wilton Rainey,
Notary Public-State of Texas
My Commission Expires:
CITY OF DENTON, TEXAS
Michael W. lez, City Manager
APPRO D:
i
Icr _br ce, r.
tomey for City of ton, Texas
THE STATE TEXAS }
}
COUNTY OF DENTON }
This instrument was acknowledged before me on the _ day of 1999, by
Michael W. Jez.
Notary Public-State of Texas
i
My Commission Expires: f o
I ,nr,d.Y,IL[ILUV Arvr~ Ulm. 1•"W**
~
COMPROMISE SETTLEMENT AND RLLEASE MALL CLAIMS... IAOE
Mod
C
1
._57..
AGENDA INFORMATION SHEET flateL
AGENDA DATF.t Oclober S, 1999
DEPAR'T'MENT: Fiscal Operations
ACM: Kathy DuBose
Fiscal and Municipal Services
SUBJECT
A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF DIRECTORS OF
THE DENTON CENTRAL APPRAISAL DISTRICT, AND DECLARING AN
EFFECTIVE. DATE.
BACKGROUND
The Denton Central Appraisal District (DCAD) has notified the City •,4at the term for
members on the current DCAD Board of Directors expires December 31, 1999. Therefore,
DCAD is seeking nominations from taxing jurisdictions in the district. The attached
resolution is available for City Council to make a nomination(s) for members to the DCAD
Board of Directors. Once nominations from all taxing Jurisdictions are received by DCAD, a
ballot will be sent to the City for City Council to cast their formal vote to elect a member at
the November 2, 1999 City Council meeting,
I
The number of votes a taring unit has is determined by their proportional share of the total
levy in the district from the prior tax year. There are a total of 5,000 votes throughout the
district. One thousand votes are the maximum number needed to elect a local
rcloresentat1v0nomince to the Board of Directors. In September 1997, the City had 218 votes
and the Denton Independent School District (DISD) had 824 votes to cast. Therefore, the
City and DISD collectively voted and elected Bill Giese. This year, the City has 173 votes
and DISD 758 votes. DISD will announce their nominations at the September 28, 1999
school board meeting.
The current DCAD Board Mcmbcrs include Richard Smith (Lewisville), Mary Horn
(Denton), Bill Giese (Denton), Lee Baker (Lewisville), and Ben Harmon (Lewisville).
SCHEDULE
Applies only to every other year:
Prior to Oct. I • DCAD notifies taxing entities of the number of votes they are entitled c:
to cast for appropriating board members.
Prior to Oct, IS • Nominations for DCAD Board of Directors are submitted to DCAD by
each jurisdiction (via resolution).
J}
1 t
1
i
i „
Prior to Oct. 30 • DCAD compiles comprehensive list of nominees and forwards list to
each taxing unit in ballot form.
Prior to Nov. 15 • Tax ng units choose by written resolution a candidate(s). Name(s)of
candidate(s) are submitted to DCAD along with the number of votes
for each candidate.
Prior to Dec. I • DCAD tabulates votes and forwards results to taxing units. The five
(5) candidates with the most voles become the Board of Directors as of
January 1.
Eligibility Guidelines:
• The selection process is set forth in Section 6.03 of the Property Tax Code.
a An appraisal district director must reside in the appraisal district for at least two (2) years
immediately preceding the date he or she takes office. Most residents are eligible to
serve as a director.
• An employee of a taxing unit served by the appraisal district is not eligible to serve as a
director. However, if the employee is an elected official, he or she is eligible to serve.
• A statute relevant to the Board selection process prohibits nepotism and conflict of
interest for appraisal district directors and chief appraiser. In summary, the law slates
that:
.,"a person may not serve as director if closely related to anyone in the appraisal
district or if related to anyone who represents owners in the district, or if the person has
an interest in a business that contracts with the district or a taxing unit. A chief appraiser
may not employ someone closely related to a member of the board of directors".
• EXPERIENCE - in considering individuals to serve as directors, taxing units should look
for expertise in such areas as accounting, finance, management, personnel administration,
contracts, computers, real estate or taxation. Historical involvement in local govemment
activities also indicates that someone should make an excellent Board member.
TREQUF,NCY OF MEETINGS - The applicable statutes require the board of directors to
meet not less often than once each calendar quarter. The DCAD Board mcels more often
than is required by law.
FISCAL. INFOFOIATIOY
There is no fiscal impact to the City of Denton.
R pcctfully subm' led:
Diana 0.Orti7
Director of Fiscal Operations
2
C III
` I
i , III
l
NOMINATION FORM
Please return this form to DCAD before October 15th. Reminder.... your Jurisdictlon
may nominate up to five candidates to the Denton Central Appraisal District Board of
Directors.
Please include the address and phone number of your nominees.
Name of your Jurisdiction
Name of nominees:
Name Name
Address Address
City Zip City Zip
Phone N•____ Phone M(~___•____
Name Name
Address Address
City Zip City Zip ,
Phone 0(`)r__•____ Phone MCJ_,__•_,._r
Name r
Address
Ciy Zip
Phone M(
II
I
i
r
c1 ,
I
h
RESOLUTION NO.
A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF DIRECTORS OF THE
DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the term of office for the Board of Directors of the Denton Central
Appraisal District will expire on December 31,1999; and
WHEREAS, the City of Denton, Texas wishes to nominate a member to said Board;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1, That the City of Denton, Texas hereby nominates
as a member to the Board of Directors of the Denton Central Appraisal District for a two year
term to commence January 1, 2000.
SECTION 2, That this resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the _ day of .1999.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.
APPROVED AS TO LEGAL FORM;
HERBERT L. PROUTY, CITY ATTORNEY
BY: Ar"144 rri,` n
i A..E.kpL(,L OV drumn~ Iw,duNwn x~,nm emW ppYW lskl Aw
' i
t
II
I
Agenda No,O
Agenda Item
A
ACF.NDA INFORMATION SHEET Dale 14)
AGENDA DATE: October 5,1999
DEPARTMENT: Engineering&Transportation
CM11VDCM/ACM: Rick Svehla, Deputy City Manager
SUBJECT:
An Ordinance of the City of Denton, Texas, providing for the renaming of Southern Hill
Boulevard to Brinker Road, and Providing For an Effective Date.
BACKC,ROUND:
Brinker Road will be extended south from Loop 288 to connect to Southern Hills Boulevard at
Colorado Boulevard. Presently, Southern Bills Blvd. runs between Colorado Blvd. and South 1.
It. 35•E. Presently, there are no properties addressed along Southf rn Hills Boulewrd.
OPTIONS:
None
RECOINAIENDATION:
Approval recommended for name change,
FSTINIA1 ED SCIIEDULE OF PROJECT:
None
PRIOR ACTION/REVIEW (Council. Boards. Commissionsl:
The Development Review Committee recommends approval
The Planning & Zon;ng Commission recommends approval
FISCAL INFORMATION:
None
011) INFORMATION:
None
1 r•
Attached
1
I
~ I
l
Respectfully submitted:
PreaL6~a_ Jerj ark, D ector 1
En nearing Transportation
Chrystoj%ff Owen ,
Technical Assistant
I
2
c
I
ul, t
\ 1..
.
„ ~~y ~l• i• nu
1
uu
fi
,
1
00'
111.
.111 Jlf =,IQ. J. WHITS WII.
N•. NO. 1113
ay~~ J
all,
/hit .
11.1 1111
too,
' .NI
.IU
f
G
~ iO p ~
r
EXHIBIT %Am
r a
o d ~ g
OatKN tatAMLC
WL
t
l
a~rwlae 110Gtio~o aroma
Reoeme this Nctlon of
rad "Brinker Road"
nc ~I ~
0111K • y t~~
1111 /I.p' k ~ tt
ara 4 d ra vM am w M€c:'Fk t[C
vM "M a
LM ~
City of Denton 99"0001
Engineering 7' -ansporiaWn Department
Right-of-Way Division
Ir`
I
MINUTES
PLANNING AND ZONING COMMISSION
August 25, logo
Regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held
on Wednesday, August 25, 1999, and began at 5:30 p.m. In the City Council Chambers at City
Hall, 215 E. McKinney.
Commissloners Present: Jim Engelbrecht, Elizabeth Gourdie, Salty Rishel, Rudy Moreno, and
Perry McNeill.
Commissioners Absent: Susan Apple and Bob Powell (had been replaced),
Staff Present. Mark Donaldson, Assistant Director of Planning; Mike Bucek, Assistant City
Attorney; Larry Relchi Development kevlew Manager; Wayne Reed, Planner II; Thomas
Gray, Planner I; David Salmon, Engineering Administrator, Dale Hoelting, Senior Engineer and
John Gillette, Assistant Fire Marshall.
1. Consider approval of the minutes of the July 28, 1999 meeting.
Motion by Salty Rishel and seconded by Elizabeth Gourdie to approve the minutes.
'Discussion of item is Included in Court Reporter's transcript attached to rots set of minutes
(Page 1).
Motion carries 4.O,Perry McNeill abstained
i
OTHERtUMSFORCONSIDE eT10N
2. Review an alternative landscape plan and submit an advisory opinion to City Council,
regarding perimeter screening of a parking lot, for Southmont Baptist Church located at
2801 Pennsylvania Avenue. (Southmont Baptist Church, Larry Reichhart)
Motion by Perry McNeill and seconded by Rudy Moreno to approve,
'Discussion of item Is Included in Court Reporter's transcript attached to this set of minutes
('Page 3).
Notion carries 5 0
3. Consider the street name change of Southern Hills Boulevard to Brinker Road.
Motion by Elizabeth Gourdie and seconded by Salty Rishel to approve.
'Discussion of item Is Included In Court Reporter's transcript attached to this set of minutes
(Page 32).
Motion ar ries 5.0.
4. Consider the street name change of Thicket Trail to Montecito Drive. i
r A ,
Motion by Elizabeth Gourdie and seconded by Perry McNeill to approve.
'Discussion of item Is Included in Court Reporter's transcript attached to this set of minutes
v (Page 34).
Motion carries 5.0
5
ME
c~
Condaseltt'r f
Page 33 Page 35
1 from the Engineering Department will provide us with 1 Drive. W. Salmon will provide is the staff report for
2 staff report. 2 that case, also,
3 MR SALMON: 711101k yen, Chair. Good 3 MR SALMON: 71,1s pore Is somewhat Similar
4 evening, members of the Commiuloc. I'll try to make 4 to the last one. We have an existing section of
S this very brief, if you'll look at the map on the s Monecito Drive, which I've got shaded In yellow. that
6 overhead, we've got Southern Hills Boulevard currently 5 runs through the River Oaks subdivision and adjacent to
7 exists between t-35 and Colorado Boulevard. Brinker 7 McNair Elementary School. And then we've got a section
e Road already exists adjacent to Wal-Mart coming off of IS of a dreel called Thicket Trail, that I've also got
9 Loop 288. Our Thoroughfare Plan was amendu5, I believe. 9 highlighted in yellow, constructed off of Teasley Lane
10 last 0.cember showing a connection between Brinker Road 10 in the Hickory Crack Ranch subdivision.
11 and Southem Hills Boulevard. The City is going to be I 1 Whoa the Hickory Creek Ranch subdivision was
12 building this section of road that I've gat highlighted 12 originally platted, their Thicket Trail and the proposed
13 in pink in the very near future. In fact, we already 13 Montecito Drive were not going to connect or they were
14 have a consultant preparing the design, construction 14 going to cori=4 but there was going to be some
is plats for that section of road. And, of course, Iva is separation in whoa they conmected and they were going
td come to our attention that if we don't that we're 16 to be two distinctly different strolls. Some of you may
17 going to have another street in town with two street 17 recall a few months ago the developers of Hickory Creck
IS names if we don't do something about it. is Ranch tune In with a revised preliminary plat that
19 We've chosen to recommend that Southern 19 proposed extending Thicket Trail directly into Monecito
20 Hills Boulevard be changed to Brinker Rood. There arc 20 without having a Jog, it just has a slight curve in it
21 currently no buildings addressed on that particular 21 which essentially would give us two street names on one
22 street, so that way if that street name changes, we 22 street again. I think we discussed this very briefly at
23 don't have the usual Issue that we have with people 23 the time and we knew at that point we were going to have
N having to change stationery, ct octal, et cetera So 24 to change the name of one street or the other so bete we
25 staff is certainly recommending that we change the name 23 on.
Page 34 Page 36
1 of Southern Ili Ili Boulevard to Brinker Road so that we I ANr, I guess, much debate and discussion
2 can have one street name consistent between Loop 288 and 2 with the developers in the area, everyone has decided
3 1.35. 3 that the simplest and best thing to do would be to
4 MIL ENGELBRICHT: ConlndssioneM any 4 rename the existing segment of Thicket Trail/Montecito ,
3 questions for staff? S Drive.
6 M0. moRrNG I think this Is Elizabeth's 6 The street currently does not connect. I've
7 motion 7 highlighted in pink the section that has not been
8 MR ENGE LBRECHT: If there are no questions s eOngrlkred yet. Bur we would expect that that will be
9 for staff, I just nttti to ask if there's anyone present 9 connected sometime In the oear future. Starr is
10 who wants to address this issue. Anyone present to 10 necommoding that Thicket Trail be changed to Montecito
1 I Wress this issue? Thank you. In that ease, I 1 Drive.
12 Commissioners, any comments a a motion? 12 MR. ENGELBRECHT: ComMlasiWM are that
13 M5. GOUILDIE: rd like to make a motion on 13 questions?
14 my most favorite subject. Thank you. I move that we 14 M3.0GUIVE: I Just have one, There's only
13 recommend to the City Council approval or the street 13 a few homes that are up on this road right now, right?
16 name change request of Southern Hills Boulevard to I6 lust model homes, is h?
I7 Brinker Road. 17 M0. sAL%4o,;. that's right. I don't believe
Is MR RiSHEL: Second. 18 that anybody lives on Thicket Trail yet. 1 think there 4
19 MIL EN'GELBRECHT it's ban moved and 19 arc some homes under coostnlction m maybe some model r• t',v
20 seconded to recommend approval, okay. We'll use the 20 homes.
21 buttons here. Go ahead and cut your vote, press the 21 MS. OGURDmE: TWA you.
22 yes or no lid then the cast button. Motion carries 22 MIL ENOELBRECHT: other questiotu? If not,
23 unsnirnously 23 are there any comments or a motion?
24 Item 4 then this evening is to consider 24 MR RISHEL 1 have a comnint.
25 the street name change of Thicket Trail to Montecito is Mp tl4 abitECHT: Yea, Mr. R.l".
PLANNING do ZONING AUGUST 25, 1999 6 Page 33 - Page 36
t
CondenwIt"s
Page 37 Page 39
1 MA 7USHEL, when you give us our maps to 1 regarding the draft Denton Comprehensive Plan, public or
2 indicate City of Denton stuff, if you would put a scale 2 community momtings We are going Into the public
3 on there from here on out, it would help me to get a 3 bearing phase. This is the first of four public
4 little bit more proportioned to things. Thank you, air. 4 bearings we have scheduled at this time. Just a bit of
S Ms. Gwwm: t'll make a motion. I move 3 history, we started this process in July of 1997 and we
6 that we recommend to the City Council approval of the 6 have accomplished the adoption a'the Denton Plan
7 street name change request of Thicket Trail to Montecito 7 Policies which was the beginning of this Comprehensive
I Drive. 6 Plan and also the adoption of the Growth Managemeol i
9 MIL MCNEILL: Second. 9 Suategy which became the foundation of the Denton Plan i
10 MIL EINGELBRECHT: H's been moved and to or Comprehensive Plan in January of 1999.
1I seconded to recommend approval. If you would at this I I We had six public meetings and it culminated
12 time please vote on the motion. Motion carries 12 into a community workshop. We had approximately 223
13 rmanimously. 13 people altogether at those mactings, which is about .03
14 Ms, ooLrniE: Thank you, staff, for doing 14 percent of the population, who gave their opinion
13 that. 15 regarding that. Some were repeat people. That process
16 MA EN'GELaRECHT: At this time we will move 16 will now be going Into, like I sold, this public brarUV
17 into the public hearing portion of our meeting this 17 process. Ttds is the rust of the pubtic hearings, You
16 evening. And before we do that I would like to review 16 will have a second public bearing on September the 6th
19 the procedure for public hearings and we would ask a 19 which we would continue this one into. The public
20 staff mmt. to place those on the podium, the overhead 20 bearings an meant as another opportunity to gather
21 so we can review them, 21 information and opinions and more discussion regarding
22 Fuss thing we'll do is open the public 22 the plan and to make final comments to the Planning
23 hearing Following that, the staff will read the 23 Commission. We arc expecting that the Planning
24 petition and give the staff report. At that time the 24 Commission will deliberate at their second public
26 petitioncr will k granted an opportunity, ten minutes 25 hearing on the 6th and hopefully tender a recommendatio n
Page 36 Page 40
I to speak to the petition. And then No. 4 on the l to the city council.
2 overhead, persons in favor of the petition will be each 2 At the wok session last night with City
3 granted an opportunity to speak. 3 Council, they discussed having a work session prior to
4 Following that, we will allow persons with 4 their second public beating on September 2lst, that they
S opposition to the petition an opportunity to speak. And 5 would gather all the information including whe we've
6 then if there is opposition, then No, 6, the petitioner 6 already gone through, all the public hearings, your
7 will be allowed five minutes to speak in rebuttal. At 7 recommendation, and come to a culmination or consensus
e that time the Chair will close the public bearing, The 6 on all of that information at that time.
1 9 staff will present any final remarks and the Commission 9 1 do want to make some mention of a couple
10 will discuss the petition and makes its recommmndation to of things. One is there's a new school chapter which we
11 A couple of noes, any speaker may be i I have included in your packet to replace the two-par
12 allowed additional time to speak by a vote of three 12 kind of wimpy school section that's in the bound plan.
n members of the Commission We would ask each speaker to I) We Just got that just recently. IDowever, we do have one
14 concem him or herself with presenting new Information 14 minor change. I don't have copies of it for you at this
13 not given by previous speakers for a given caw. And IS time but I will have it in your next packet and that
16 Commissioners may at any time ask questions of anyone or 16 would be an your page 41, under Goals and Strategies,
17 call on the staff at any tine and may adjourn to closed 17 A2.
16 session as allowed by law. Okay. is And loll just read to you what the addition,
19 Ilaving reviewed that, wv will move onto 19 it's an addition to the text And that would include
N hem S which is to hold the first of two public 20 un3cr a, it begins, Analyze student Impacts of proposed
21 hearings rckuding the drat! Comprehensive Plan. And 21 residential developments at the pre-design, zoning, and
22 for the start report, l believe Ms. McBeth from the 22 plat phases. And a new senurla I t addition, Include
2) Planning Department Is here. 2) the adequacy of schools as an essential component of the
24 MS. Nico 71 Good evening, Comndssi xun. 24 Inrrastructure necessary to serve a proposed
23 We have just culminated die Denton Plan process 25 development. And then under b, currently It u
PLANNINO & ZONING AUGUST 25, 1999 7 Page 37 • Page 40
t1CH-L0VV0L1WwtdAp6W00wDa nvnubdiwKtOftkiibtobrinkrmd.doe
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON. TEXAS, PROVIDING FOR THE
RENAMING OF SOUTHERN HILLS BOULEVARD TO BRINKER ROAD; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the proposed extension of Brinker Road will he extended from Loop 288 to
connect to Southern W1I Boulevard at Colorado Boulevard and it was recommended by DRC
that Southern Hills Boul .ward be renamed to Brinker Road ; and J
WHEREAS, said renaming will simplify stmt names and provide for more consistent II
addressing; and
i
WHEREAS, the Planning and Zoning Commission of the City of Denton conducted a
public hearing on July 14, 1999, and recommends renaming of Southern Hills Boulevard to
Brinker Road; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the stmt officially designated as Southern Hills Boulevard, being a
public stmt connecting the 1,H.35-E Service Road to Colorado Boulevard, as illustrated [D the
attached Exhibit "A", which is incorporated and made a part hereof, Is renamed to Brinker Road
SECTION 1: That the Director of Planning and Development is directed to amend the
official map of the City of Denton to reflect the change in the street name es provided herein.
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
r'
BY:
8
i
I
~ M
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
i
BY: ~ ~r.G~ II
t
h
z .
Agenda No,___ ~Q- /2 t
Agenda ItetnlTy 40
AGENDA INFORMATION SHEET Date-1
AGENDA DATE: October 5,1999
DEPARTMENT: Engineering & Transportation
CNVDCNVACbi: Rick Svehla, Deputy City Manager
SUBJECT:
An Ordinance of the City of Denton, Texas, providing for the renaming of Thicket Trail to
Montecito Drive; and Providing an Effective Dale,
BACKGROUND:
Thicket Trail extends west from F. M. 2181 through Phase I of Hickory Creek Ranch. The
preliminary plat for Hickory Creek Ranch was revised so that the proposed extension of Thicket
Trail now aligns with the proposed extension of Montecito Drive in the adjacent Royal Oaks
Addition. Phase 11 of Hickory Creek Ranch will adhere to this design and thus Thicket Trail
(from Phase 1) should be renamed as the eastern extension of Montecito Drive,
OPTIONS:
None
RECOMMENDATION
Approval recommended for name change.
ESTIMATED SCHEDULE OF PROJECT:
None
PRIOR ACTION/REVIEW (Council. Boards. Commissiousl:
The Development Review Committee recommends approval
The Planning & Zoning Commission recommends approval
FISCAL INFORMATION:
None
i
HID INFOMIATION:
None
MAP.
Attached
I
1
i
Respectfully submitted:
A -A- Prepared Y 1 C k, b recto
Eno erino Transportation
Chrystoptier 6h ens,
Technical Assistant
l
f
L
i. r • s I } \ ~•-'c__•~~:'r .~y {if 11 -
R rr f
" Iw►a f 4 IIr.1 1 It.....
■f rl ' i J 1 • .I
r r
■ r a 1 r~ 1 `i f l'Nft ti~ i
r N. •~'O Vl I r
.10
01
Md~
i+ilirl IEOLLI~.lapyZLOiIIL ' J
r / I e rr■r
r Is r rl 1, r aC,Y 11 ~i (A
r 'W:ly~miMe. raw'
120
Oc or /M
11 ! l/ I rw l NptORf am RAW
i '
~ r tb~I~
r y r/ .1 d11IId IW 1Nwf. te.lt
1
r / a
I. '1 ` B /.j 1 r 1. r 1 r r •6.0 wMYOrrl llll
Y • r. f I ~ L "rnrr
' C / Jo I r r. r• r• r r r r• r I Had rr
r
OMPOA~
ti r r .r
` 1 / I • r r r ■ r r r ■i r , zl. i .t r■~•rrr S
room MI
t
ICL
f
01 ~ I •
i
a
NOVUN ROAD
HICKORY CREEK ROAD
~ SITE
W
7
OLD ALTON DRIVE
City of Denton
EnginQartng & ftnsportaMon Dtpartm*w
Right-of-May Divtston. ro ruR
4
i
c
f
4
MINUTES
PLANNING AND ZONING COMMISSION
August 25, 1999
Regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held
on Wednesday, August 25, 1999, and began at 5:30 p.m. In the City Council Chambers at City i
Hall, 215 E. McKinney.
Commissioners Present: Jim Engelbrecht, Elizabeth Gourdie, Salty Rishel, Rudy Moreno, and
Perry McNeill.
Commissioners Absent: Susan Apple and Bob Powell (had been replaced).
Staff Present: Mark Donaldson, Assistant Director of Planning; Mike Bucek, Assistant City
Attorney; Larry Relchhart, Development Review Manager; Wayne Reed, Planner II; Thomas
Gray, Planner 1; David Salmon, Engineering Administrator; Dale Hoelting, Senior Engineer and
John Gillette, Assistant Fire Marshali.
1. Consider approval of the minutes of the July 28, 1999 meeting.
Motion by Salty Rishel and seconded by Elizabeth Gourdie to approve the minutes.
'Discussion of item is Included in Court Reporter's transcript attached to this set of minutes
(Page 1),
Motion carries 4-0 Perry McNeill abstained
OTHER ITEMS FOR CONSIDERATION
2, Review an alternative landscape plan and submit an advisory opinion to City Council,
regarding perimeter screening of a parking lot, for Southmont Baptist Church located at
2801 Pennsylvania Avenue. (Southmont Baptist Church, Larry Reichhart)
Motion by Perry McNeill and seconded by Rudy Moreno to approve.
'Discussion of item is included in Court Reporter's transcript attached to this set of minutes
(Page 3).
Motion carries 5-0.
i
3. Consider the street name change of Southern Hills Boulevard to Brinker Road.
Motion by Elizabeth Gourdie and seconded by Salty Rishel to approve.
'Discussion of item Is Included In Court Reporter's transcript attached to this set of minutes
(Page 32).
Motion carries 5-0.
4. Consider the street name change of Thicket Trail to Monteclto Drive, r
Motion by Elizabeth Gourdie and seconded by Perry McNeill to approve. j V
'Discussion of Rem Is Included In Court Reporter's transcript attached to this set of minutes
(Page 34).
Motion carries 5-0.
5
C
l
i
I
COOdeO I4."` 1
Page 29
Page 31 a
I MR MORENO: Question. When you lay 1 trees them if they desire.
2 appropriate number of tiers, you're speaking to the 2 MILENOELBRECHT: My other discussion,
3 Pastor's landscape plan? 7 Commissionrn? I Just want to say that this has always
4 MR. MCNED.L: Right, 4 been a very lovely site out there. I think it's been an
5 MR. ENGELSRECHT: Question for staff. In 5 addition to the comrmmity from the time it was built
6 the event this landscape plan WLI have a number of 6 And 1 we no ream for the screening along the
7
trees al .
ong Pennsylvania. I mean, it's going to show 7 shrubbery long Prnnsylvama, particularly given what
8 those that are there and some Mcon mcnded additional. 8 they wish to do with the manorial traa and I certainly
9 Now, they wire using these as memorial 9 wouldn't want to preclude them » preclude Y'all from
10 trees. In the cmt that they fill 1 those spaces and to the ability to do that in the future.
I I it's possible to put some more in as memorials, would I l Obviously, I've been asking a lot of
12 they have to modify the landscape plan or could they 12 questions about that along Teasley because I think it
13 simply go ahead and do that? 13 important that we provide a bit of visual Interdiction
14 MR. REICHHART: I believe they could simply 14 between all these flat concrete and asphalt surfaces and
15 do thaL Anything in above 13 the large masses of buildings and I've advocated that
16 MR. ENGELBRECriT: Because anything in 16 for a long time, And that's why I am pleased that we
17 excess? 17 were able to do something to put something in there and
Is MR. REICHHART: Correct 18 yet, at the same time, allow you ail the spaces possible
19 MR, ENOELBRECHT: Okay. All right 19 because working with my church I know that's a problem.
20 MR. RISHEL: Question of staff. Does the 20 Always a problem at every church if you're growing is
21 angled parking on the northeastem parking end as it's 11 finding adequate parking. So I'm really comfortable
22 bcrnxd now meet the existing rode? Will it take the 22 with this at this point
23 place of what screening might have done? 23 MA RISHEL Mr. Chahlaq I guess my
24 MR. REICHHART: The majority of that berm 24 question at this point would be if this were to pass, is
25 does screen 25 there going to be some sort of a list of proposed tract;
Page 30 Page 32
1 MR. RiSHF~,, So the berm would suffice? I that would be aceeptab!e that wouldn't, over a period of
I Mt. RFICHHART: - a lot of that parking lot 2 time, be where we're continually having to repair the
3 right now. When I was out there earlier and maybe 3 sww a? is there a use that would grow in that a es
4 are these spaces in already, these new parking spaces? 4 hat's going to be suffi cienk that ten years from now,
3 DR. REYNOLDS: Those spaces air In but you S l2 years from now, we're not in a continual maintenance
6 cannot we the grills of cars at all from Pennsylvania. 6 situation and a liability sinadon7
7 You might sec the side of the car but the grills RM not 7 MR REla*wT: There are a number of tees
I visible at all. 8 and we'll review wfiat they're proposing. There are a
9 MR. RISHEL: So as you would see it as a 9 number of smaller trop that
you could probably plant In
to staff person, you would think that the berm itself is 10 there whore the root system won't be pushing up the
I I sufficient for screening? I I sidewalk and we'll look at that, depending on what they
12 MR. REICIIIIART: 1 mean, that is sufficlent 12 propose.
13 screening. 0 MR RISHEL: Thank you.
14 MR. RISI IEL: Y'ou wouldn't have any problem 14 MR ViGELBRECHTt I suspect Crepe Myrtle
15 with that? 15 would work there. Any oiler discussion? All in favor
16 MR. REICHHART: No. 16 of the motion raise your right hand. Motion carries
17 MR. RISHEL: Okay. Thank you. 17 unanimously, 11 hank you for having it up. We may try it
1s MR. RE1011tART: Because a berm Is allowed 18 next case, fr
t9 for screening. 19 DR REYNOLDS: Thank
i you very much,
I 20 MR. ENOELBRECHT: Any other discussion? Mr. 20 MA mwLBRECHTr Think you.
21 Moreno. 21 Ms. oWRDm Thank you for orfaity that
22 MR. MORENO: 1s that little triangle there 22 suggestion, Appreciate IL
23 that's serves as screening, would that be an appropriate 23 Ms. ENOELBRECTTr: rtem 3 this evening is
24 place to plant some trees if the applicant so desired? 24 to consider the street fume change of Southern Iillls
15 MR. REICHHART: ON sure. They could plant 25 Boulevard to Brinker Road And I believe Mr, Sam
PLANNING do MINING AUGUST 25, 1999 Page 29 • Page 32
c,
Condease:10'
Page 33 Page 35
1 from the Engineering Department will provide us with I Drive. Mr. Salmon will provide us the staff report for
2 staff report 2 that cm also.
3 MR. sRutom 'thank you, Chair. Good 3 Met sALmuN: this case Is somewhat similar
4 evening, members of the Commission. I'll try to make 4 to the lest cm. We have an existing section of
3 this very beef. If you'll look at the ra v on the 3 Mooecito Drive, which I've got shaded In yellow, that
6 overhead, we've got Southern Hills Boulevard curreody 6 nmi though the River Oaks vlbdivislon and adjacent to
7 exists between 1.35 and Colorado Boulevard. Brinker 7 McNair Elementary School, And then we've got a section
It Road already exists adjacent to Wal-Mart coming off of a of it street called Thicket Trail, that I've also got
9 Loop 288. Our Thoroughfare Plan was amended, I believe, 9 highlighted in yellow, constructed off of Teasley Lane
10 last December showing a connection between Brinka Rood 10 In the Hickory Crock Ranch subdivision.
I I and Southern Hills Boulevard The City is going to be 11 Whoa the Hickory Crock Ranch subdivision was
12 building this soction of road that I've got highlighted 12 originally platted, their Thicket Trail and the proposed
13 in pink in rho very near future. In fact, we already I) Montecito Drive were not going to connect or they were
14 have a consultant preparing the design, construction 14 going to connect, but there was going to be some
17 plans for that section of road. And, of course, it's 13 separation in where they connected and they were going
16 come to our attention that if we don't - that we're 16 to be two distinctly different streets. Some of you may
17 going to have another street In town with two strcct 17 recall a few months ago the dcv-,lopes of Hickory Creek
IS names if we don't do something about iL 18 Ranch crune in with a mvised p oliminary plat that
19 We've chosen to recommend that Southern 19 proposed extending Thicket Ter it directly into Mone6to
20 Hills Boulevard be changed to Brinker Road Then arc 20 without having a jog, it just has a slight curve in it
21 currrntly no buildings addressed on that particular 21 which essentially would give us two street merles on one
22 street, so that way if that street name changes, we 22 strut again. I think we d'ccussed this very briefly at
23 don't have the usual issue that we have with people 23 the time and we knew at that point we were going to have
24 having to change statiorxry, et Mae, el oaten. So 24 to change the name of one street or the other so here we
25 staff is ccrWnly recommending that we change the name 23 are.
Page 34 Page 36
I of southern hills Boulevard to Brinker Road so that we I After, I guess, much debate and discussion
2 can have one street name consistent between Loop 288 and 2 with the developer in the arrs, everyone has decided
3 1.35. 3 that the simplest and bat thing to do would be to
4 MR ENGELBRECHT: Commi95iotnas, any 4 rename the existing segment of Thicket Trait/Mootecito
3 questions for staff! S Drive
6 MR. MGRENa I think this is Elirabcth's 6 Thx street currently does not connect. I've
7 motion. 7 highligbted in pink the section that has not been
9 MR. LNGEt0RECHT: If there are no questions a constructed yet. But we would expect that that will be
9 for staff, I just need to ask if there's anyone present 9 connected sometime in the near future. Staff Is
10 who wants to address this Issue. Anyone prcscnt to to recommending that Thicker Trail be changed to Montecito
I I address this issue? Thank you. In that cast, I I Drive.
12 Commissioners, any comments or a motion? 12 MR ENGELBRECWt commissioners, arc then!
13 acs. GOURDE rd like to make a motion on 13 questions?
14 my most favorite subject, Thank you, I move that vve 14 MS. t2Gt.7IDIE: Ijust have one. There's only
13 recommend to the City Council approval of the stext 15 a few homes that are up on dds road tight now, right?
16 name change request of Southern Hills Boulevard to 16 lust model homes, Is it?
17 Brinker Road. 17 Mx sAL mN: 7hu's right. I don't believe
Is MR. RISHEL: Second, is that anybody twee on Thicket Trail yet. I think there r 4
19 MR ENGELIIRECH It's been moved and 19 are some homes under construction of maybe some model 1
20 seconded to recommend approval. Oksy. We'll use the 20 Domes.
21 buttons here. Go ahead and cast your vote, press the 21 $IS. ooL•RDtE: Thank YOU.
22 its or no end these the cast button. Morlon carries 22 MA rNott9RECH: other questions? If not.
23 unanimowly. 23 arc &M any comments or a notion?
24 Item 4 then this evening is to consider 24 MR RISHE4 I love a comment.
23 the strict name change of Thicket Trail to Montocito 25 MA ENGEt9RECNT: Yes, Mr. Risher.
PLANNING dt ZONING AUGUST 25, IM Page 33 • Page 36
7
t
c.
1MH-L0UV0LNhueAdep%W00w Doc umrnhX)141 ft,Wkkn b mmtaie M,, rum,ha+rdX
I
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
RENAMING OF THICKET TRAIL TO MONTECiTO DRIVE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the proposed extension of Thicket Trail will now extend to the proposed
extension of Monlecito Drive and it was recommended by DRC that Thicket Trail be renamed to
Montecito Drive; and
WHEREAS, said renaming will simplify street names and provide for more consistent
addressing; and
WHEREAS, the Planning and Zoning Commission of the City of Denton conducted a
public hearing on July 14, 1999, and recommends renaming of Thicket Trail to Montecito Drive;
NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the street officially designated as Thicket Trail, being a public street
connecting F.M. 2181 to the future extension of Montecito Drive, as illustrated in the attached
Exhibit "A", which is incorporated and made a part hereof, is renamed to Montecito Drive.
SECTION 2. That the Director of Planning and Development is directed to amend the
official map of the City of Denton to reflect the change in the street name as provided herein.
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
r
DY:
t2
0
c
i
P
I
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
I
Ih
i
i
i
i
i
4
i
i
0
i,
ApNtd~ No. 9 - ~
pate /D/_s/99
AGENDA INFORMATION SHEET
AGENDA DATE: October 5'x, 1999
DEPARTMENT: Planning & Development 17e enl
CM/DCMlACM; Dave Hill, 349.8314
i
3
SL IHJF.CT
Consider adoption of an ordinance of the City of Denton, Texas amending and adopting the schedule
of fees as authorized by Chapter 34 and Chapter 35 of the Code of Ordinances for the City of Denton,
Texas, for filing applications for review, approval, grant or issuance of plats, plans, licenses,
certificates, variances or designations required by the subdivision rules and regulations and zoning
regulations of the Code of Ordinances; providing for repeal of all ordinances in conflict herewith;
providing a severabilky clause; providing a savings clause; providing for publication; and providing
an effective t'ete.
BACKGROUND
In February 1999, City Council approved fee schedule changes, assigning the cost of certified mail,
courtesy notices, and rezoning signs to applicants submitting proposals to the Planning & Development
Department. The fee schedule changes were consistent with Council's policy to assign reasonable
costs associated with development review applications to property ow ::rs or developers.
An adjustment to the fee schedule is proposed, allowing newspaper publication costs to be bome by
applicants when such publications are required by law (see the bottom note added to the existing fee
schedule, attnched to the draft ordinance). Examples of required newspaper publications are public
hearing notices, annexation ordinances and service plans (which must be published in full), and
ordinance captions alter adopted by Council. In most instances, the costs of publication are less than
$100, In the case of annexations, however, the costs become significant. The full annexation f
ordinance and service plan must be published verbatim, resulting In costs that approach and sometime
exceed $1,000, well in excess of the $730 annexation application fee. J
OPTION
1. Approve the draft ordinance.
2. Decline to approve the ordinance.
3. Approve the ordinance with modifications.
RECOMMENDATION
Staff recommends approval of the fee schedule amendments. The fees can be collected only for
voluntary annexations. 'hie costs of involuntary annexations will continue to be paid by the city, since
the city is the petitioner and applicant that initiates the annexation.
I
t
u
1
I
1
ESTIMATED PROJECT SCHEDULE.
The effective date of the ordinance, if approved on October 5`,1999, will be October 19'h, 1999.
PRIOR ACTION/REVIEW
Substantial changes to the development review fee schedule were made in October 1998. Further
revisions were made in February 1999, when the costs of public notification for development-related
public hearing notices and signs were added to the fee schedule. The changes proposed this year,
although minor by comparison, are compatible with the intent to assign the cost of development.
related services to the applicants that use the service.
FISCAL INFORMATION
Staff anticipates a savings of 56,000 to 57,500 if the ordinance is adopted.
ATTACHMENTS
Draft Ordinance
Respectfully subnu''Lied:
-Assistant City Manager, Development Services
0
l
z
i
I
t3
F. ZHAREMDEPTLGTXw Dwu 4\O,diwmil,9Mv Rev Fee A n rJm t.dm
ORDINANCE NO. r
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF FEES
CONTAINED IN ORDINANCE 98468 BY ADOPTING A NEW SCHEDULE OF FEES AS
AUTHORIZED BY CHAPTER 34 AND CHAPTER 35 OF THE CODE OF ORDINANCES FOR
IHE CITY OF DENTON, TEXAS, FOR FILING APPLICATIONS FOR REVIEW, APPROVAL,
GRANT OR ISSUANCE OF PLATS, PLANS, LICENSES, CERTIFICATES, VARIANCES OR
DESIGNATIONS REQUIRED BY THE SUBDIVISION RULES AND REGULATIONS AND
ZONING REGULATIONS OF THE CODE OF ORDINANCES; PROVIDING FOR REPEAL OF
ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Ordinance 98-268 is hereby amended by the adoption of the Development
Review Fee Schedule set forth in Exhibit "A", attached hereto and made a part hereof for all purposes,
and authorized to be imposed for the filing of applications, review, approval, grant or issuance of plats,
plans, permits, licenses, certificates, variances or designations required by the Subdivision Rules and
Regulations and Zoning Regulations set forth and authorized in Chapters 34 and 35 respectively of the
Code of Ordinances of the city of Denton.
SECTION 2. That this ordinance shall repeal every prior ordinance in conflict herewith, but
only insofar as the portion of such prior ordinance shall be in conflict; and as to all other sections of the
ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative except
as to such prior ordinances or portions thereof as are expressly repealed hereby.
SECTION 3. That if any provision of this ordinance or application thereof to any person or
circumstance is held invalid by any court, 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 that it
would have enacted the remaining portions despite any such invalidity.
SECTION 4. That this ordinance shall become effective, after its passage and approval, on
October 19, 1999, and the City Secretary is hereby directed to cause the Lnption of this ordinance ;o be I
published twice in the Denton Record Chronicle, a daily newspaper published in the City of Denton,
Texas within ton (10) days of the date of its passage.
PASSED AND APPROVED this the day of , 1999.
JACK MILLER, MAYOR
r
r1!'\ r
i
,
I
i
I
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~'rLcl.. / (a
I
I
i
~ 1
t
EXHIBIT A. DEVELOPAIENT REVIEW FEE SCIIEUULE
H YyPC of APPlication Fee
1. Predesign Conference $250 (is ro credited toward other fees}
2. Preliminary or Final Conveyance or Development Plat SF R 2F: $200 + $61 lot
All Others: $200 + S 101 acre
Residential: < 10 lots: $200 + $6 / lot
3. Preliminary, or Final Plat Residential: > 10 lots: $300+$101 lot
Nonresidential: S300+$15/acre
4. Amending Final or Amending Preliminary Plat / Replat S250
5. Minor Plats $300 + $6 /acre
6. Extension of Time for Plat $100
1. Vacation of Plat $250
B. General Development Plan 5100 +$Wacre
7 Variance to Subdivision Regulations $250 per variance
IQ Annexation Petition 5750
11. Historic Landmark Designation $65
12. Specific Use Permit $1,500 + $65 / acre
13. Minor Amendment to Specific Use Permit $250 + additional $100 if processed
administratively
14. I?xtension of'fime for Specific Use Permit $250
13. Zoning Change 0. 5 acres: $850
5+ - 25 acres: S1,250
l6. Uownzoning 25+ - 50 acres: $2,000
50 + acres: $2,000 + S 10 ) ac re
IT Zoning Verification Letter $20 per site
0 - 5 acres: $1,500
18 Planned Development District; 5+- 25 acres: 52,000
Concept or Mvelopment Plan 25+ - 50 acres: 53,000 i
50 + acres: $4,000 + S10 / acre
19, Planned Dovelopmcnl District: Wailed Site Plan 51,000+$25 /acre
Planned Development Detailed Site Plan: $250 +additional $100 if processed
!Minor Amendment administratively
Planned Development Detailed Site Plan: $250
Timc Extension
22. Right-ol-Way or fasetnent Abandonment S 150 per lot
23 D3uard of Adjustment $150
24 Public I learing Legal Notice for Property Owners w ithin 200 Fee' Current Postal Rate for Cenif ed Mail + $0.55 -each
25 Public llearing Courtesy Nutlet fur Residents within 500 Feet* Current Postal Rate for First Class Mail - each
26. Public }tearing Sign -2'x 3' for road frontages or45 or less mph' 565,00 each
27. Public I fearing Sign - Y x 4' for road frontages of 45 r mph' $100.00 each r
' 'fee fees fur items 024, 25, 26, d 27 w ill be collected at least five days in advance of mailings and j
sin oslin s. ['allure to ay fees ss ill result in removal from scheduled a ends, r
Note the cost of newspaper publication for public hearings, annexation ordinances and sere ce plans, zoning
Otilinarnces, or other required notifications related to an application received after October 10, 1999 shall be paid
at cost at the time of applkallon submittal, in an amount determined by the Planning h Development Department,
on addition to the application revs posted in this schedule,
r
. Aoenda No.__~~~
Apettda Item
AGENDA INFORMATION SHEET
AGENDA DATE: October 5, 1999
DEPARTMENT: Economic Development
ACM: Kathy DuBose, Assistant City Manager, Fiscal & d
Municipal Services
SUBJECT
Consider an ordinance authorizing the City Manager' i execute the second amendment to
the airport lease agreement between the City of Denton and Nebrig & Associates,
incorporated relating to leasing promises at the Denton Municipal Airport for
construction of hangars, a fuel fart and related aviation facilities thereon; and pro%iding
for an effective date.
BACKGROUND
In September 1996 Ncbrig & Associates entered into a 30-yea- lease agreement with the
City of Denton and relocated their aircraft brokerage firm from Dallas Lote Field to the
Denton Municipal Airport. The original lease agreement provided Nebrig & Associates
with the right to buy fuel from the City's fuel farm and market fuel to Nebrig tenants.
Furthennore, the original least agreement provided Nebrig & Associates the right to
extend the terms of their agreement to an additional 124,470 square feet or 2.86 acres.
Nchrig & Associates is now proposing to construct a multi-hangar and office complex
that will encompass the original 2.86 acres, plus an additional 47,615 square feet or 1.09
acres for an approximate total of 172,085 square feet or 3.95 acres of Airport property.
This will bring the Nebrig & Associates combined leasehold to 251,110 square feel or
5.45 acres.
i
The total investment for the project is estimated at 51,500,000.00 and will include the
following;
r 20 singfc-engine aircraft T-hangars
16 twin-engine aircraft T-hangars
flour box hangars designed for co porate aircraft
r Construction of a 24,000-gallon fuel farm
Construction of associated aircraft aprons and access taxiways
i
a
In return for constructing approximately 80,000 square feet of hangar and office space,
the exrcnsion of a public taxiway, and the construction of a 24,000-gallon fuel farm,
Nebrig & Associates is requesting the City to discount the 50.15 per square foot rate on
the proposed 3.95 acre addition to their existing lease. The proposed discount would
1
F
C-
I
provide a discount of ten cents for five years and five cents for an additional nine. The
cost to construct the public taxiway and fifty-percent of the fuel farm is approximately
$110,000.00. The fourteen-year discount will provide a $163,480.00 discount that will
also incorporate the interest lost on the capital, in addition to the lease disnount, Nebdg
& Associates has also requested a tv,v year right of first refusal on an additional tract of
land incorporating approximately 238,411 square feet or 5.47 acres.
QPTIONS
1. Amend current lease with The exception of participation in devefopmer I. cost,
11. Amend current lease with exception of providing a right of first refusal on
additional properly.
III. Amend current lease as proposed.
RECOMMENDATION
Staff and the Airport Advisory Board recommends Option III, because the size of the
proposed development will significantly enhance the development of the Denton
Municipal Airport. The characteristics of the proposed development will encourage the t
relocation of general aviation and corporate aircraft from surrounding airports in North
Cential Texas to the Denton Municipal Airport. The increased number of based aircraft
will benefit businesses at the Airport that provide aviation related services, as well as
improve [he opportunity for increased funding front the Texas Department of
Transportation (TxDOT) and improve the Airport's opportunity to receive air traffic
control services.
Staff and tic Airport Advisory Board also believe the five-year discount of ten cents and
the nine-year discount of five cents on the proposed lease is appropriate. It provides the
Airport with an opportunity to receive revenue on land that currently does not have the
necessary infrastructure for development. Furthermore, since the taxiway is not
incorporated in our upcoming "projects" list with TWOT, it would not be constructed for
at least Iwo years. The addition of the proposed fueling system will allow Nebrig &
Associates to provide 24-hour over wing fueling capability [hat can be atlractively
packaged with hangar services, thereby encouraging corporate aircraft relocations.
ESTIMATED SCI ILDULE OF PROJECT
If approved, the anmetidnienl becomes effective November I, 1999 and continues through
the 22nd day of September 2026. The discount of the lease rate for the public
improvements will be for a period of fourteen years beginning November I, 1999,
PRIOR ACTION~ r
A
The Airport Advisory Board recommends approval of the anmetdnicni.
1
1
i
a
~I
'I
~I
1
1
R1
FISCAL INFORMATION
The lease tale for the additional commercial property is $0.15 per square foot. The
proposed amendment provides for a discounted lease rate of .$0.05 per square foot for
172,085 square feet or $8,604 per year for the first five years. The proposed amendment
provides for a discounted lease rate of 50.10 per square foot for 172,085 square feet for
nine years or S 17,208.00 per year for years six through fourteen. The final thirteen years
provides a lease rate of MIS per square foot for 172,085 square feet or $25,812.00 per
year. The total projected lease revenue is $533,464.00, plus consumer price index
adjustments. Additional revenue will be generated through increased fuel flowage fees
expected from an increase fuel usage from newly based aircraft at the Denton Airport.
EXHIBITS
Ordinance
Lease Amendment
}
Respectfully submitted:
Linda Ratliff, Director
F.cono;nic Development Department
Prepared by:
Mark Nelson
Aigiort Manager
3
t I
C
E!
C.
k
i
ORI)i "4 4\C'E NO.
AN ORUfN'ANCE AUTtigkf7_fNG 1HE CITY MANAGFR TO EXECL;TE THE SECOND
A~1F.NUM@NT TO THE AIRPORT LEASE AGREEMENT NE:MVEEN THE CITY OF
DENTON AND NF.BRIG & ASSOCIATES, INCORPORATED RELATINU TO LEAS(NU
PREMISES AT THE DEVON NFUNICIPAl. AIRPORT FOR CONSTRUCTION OP
HANGARS. A FLIFI, rARHl AND REI.ATE.D AVIATION FACILITIES THEREON; ANu
PROVIDING; AN EFFEC'T11'E DA FE.
THA C(yliNCli, f)It Tl{E CI f 5' OP DtN1ON H1:NtH5' iJftT1.41NS:
SFC1'ION I That the City Manager is authnrircd re evecute the Second Amendment to the
Air}wrt Lease Agreement behveejt the I' ity of Damon, Texas and Ncbng k Assucidtes,',nc. relating
to leasing premises of the lhnbm Alunkipai Airport for the construction of hangar., a fuel fain
and tetated aviation facilities thereon, under the lennsand conditions canteined within this Second }
Amendment. which is rttaehcd hereto atkl trade a part itereot,
5El'TfOV 2. That this ordinance shall become effective immediately upon its passage and
applovel
VASSM AND APPRQW.D this the day of_____ , Iggy,
JACK MtLLLR, !-AYOR -
A T 1 LST:
1FVN1FFR WALT FRS. ( 11 Y SECRE I Alt)
Ity
APPR0VFD AS To I WAI I ORM
IIFRDF!kI I.. PROIITY, CITY A'I IOk\E'r'
4
r 1
t
k
SECOND AMENDMENT TO
NEBRIG & ASSOCIATES LEASE AGREEMENT DATED SEPTEMBER 23,1996
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
WHEREAS, Ncbrig & Associates (Lessee) and the city of Denton, Texas, (Lessor) desire
to effectuate the Second Ai iendment to their Commercial Airport Lease executed on September 23,
1996 and first amended oo February 18,1997; and
WHEREAS, Ltssce and Lessor desire to amend the Airport Lease to provide for the
extension of an existing taxiway, construction of 36 T-hangars and 4 box hangars and the
installation of a fuel farm to serve Lessee's tenants;
NOW, THEREFORE, in consideration of the mutual promises and agreements contained in
this Amendment, including the recitals set forth above, the parties agree as follows;
I. Section A relating to "Land" and Section C relating to "Public Improvements Provided by
Lessee' of Article 11 of the lease (as amended per Ordinance No. 91.050 hereinafter referred to as
"Ncbrig Lease") are hereby amended to read as follows:
11. LEASEDPRF,MISES
Lessor, for and in consideration of the covenants and agreements herein contained to be kept
by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby lease and take from
Lessor, the fol loµ ing described land situated in Denton County, Texas, w described as follows:
A.,
2. Parcel 2, A tract of land approximately 235 feel by approximately 671 feel
for a total of 157,685 square feet and a tract of land 120 feet by 120 feet,
being approximately 14,400 square feet, having a combined area of
approximately 172,085 square feel or 3.95 acres described in Attachment
"A" as Parcel 2.
3. Right of First Refusal to Lem P reef. 3A a d ig. Provided thal, and for so
long as Lessee stays in lawful possession of the land denoted above as i
Parcel I and Parcel 2, Lessee shall have a right of first refusal on any lease C A
negolialeo on the Iracts of land Identified and drawn on Attachment "A" as (r
Parcel 3A, measuring approximately 57,499 square feet, plus an area
approximately 180,912 square feet identified as Parcel 39, having a
combined area of approximately 238,410 square feet or 5.47 acres.
5 I~
t
i
i
- I
The Lessor shall notify Lessee, in writing, of any bonafide offer on lease
options with third parties on the identified Parcel 3. Lessee shall have
thirty (30) days to exercise its right of first refusal on Parcel 3. Any future
lease negotiated on Parcel 3 shall be subject to whatever lease terms may
be negotiated between Lessor and Lessee, and Lessee shall have no vested
right to lease said parcel under any particular terms of agreement, or
specified rental, whether contained within this agreement or any other.
Lessee's exercise of said right of first refusal is expressly conditioned
upon Lessee's continuous and simultaneous rental of Parcel 1 and Parcel 2
above. In no event shall this right of first refusal extend more then two (2)
years past the execution of this Agreement.
C. Public Improvements Provided By Lessee,
1. The construction of a public taxiway 30 feet wide by approximately 729 feet
in length, continuing the current taxiway from Parcel I to Parcel 2 as drawn
and defined in Attachment "C."
See Article VIII Section C,2.b.
The consideration for the construction of the idemified public improvements
is the adjustment of the $0.15 rental rate as defined in Article IV Section A.
2. hereof.
2, Section A relating to "Rent" and subsections I and 1 of Section E relating to "CPI" of
Article IV of the Nebrig Lease are hereby amended to read as follows:
t
IV. PAYMENTS, RENTALS AND PEES
A, &W.
I. Parcel 1. Lessee shall pay to the Lessor for the use and occupancy of the
Premises the sum of five cents ($0.05) per square foot per year for the first
three (3) years of the initial Lease (to compensate Lessee for taxiway to be
constructed), for a total of Three Thousand Two Hundred Sixty Seven
Dollars (53,267) per year, to be paid in twelve (12) equal monthly install-
ments in the sum of Two Hundred Seventy-two Dollars and Twenty-five
Cents ($272,25) per month in advance, with the first installment being due
on or before the first day of the month following the execution of the initial r
Lease. For years four (4) through thirty (30) of this Lease, the rental will be
f flccn cents (S0.15) per square foot per year. The rental for years two (2)
through thitty (30) of initial Lease and for the two fen (10) year renewal
periods will be adjusted annually based on the consumer price Index criteria
in Section IV. E.
6
c
k
2. 1'arccl 2
a. 1 LI_02 - IW3.jNA: 50.05 per squme fool miuimunr yearly rental, Iw
C I'1 adjusimemts per Section IV.E.
11 / ! - IOLJM: So. 1() per square fool miniumal yearly rental, no
Cpl adjushmenls per Section IV. E.
C. 1 Ul/04 - IW31j' $0.10 per square fool nlininlun yearly rental,
adjuslcd etinually per Section IV. E.
J. j l/LL3 =991.2jL20 I Ile cuucnl lease rate will be adjusted by a sum of
$0.05 per ,(plate foot nlininluul yearly reulal. Beginning It/l/13 rind for
the two tell (10) year renewal periods the than rental will be adjusted
a11u1,1311y per Section IV. E.
li• Si! " it
1. 'file yearly lcnlai for lend and improvements herein leased shall lie
readjusted al Ilia cud of each year period dw iug the lei in of lids Lease oil ilia
basis of the proportion that lire Ilien curtent United Slates Conslmler Price
halex far all urban cons11rmcls (CPI-U) for the Dallas-Port Worth
geogiriphical regiar, as compiled by the U.S. Vepelhnent of Labor, Bureau
of Labor Slntistics bears to 1he Qdgjg 199U, index for Parcel I and to the i
NwcmllZr,J327, index for Plucel 2. Each rental adjustment, if any, shall
occur oil Iflc !3111 day of ec t&I, beginning IM, aril every year
tilcleincr on Stich (late for I'areel 1. Dell rental adjustment, if any, shall
occur un Ilia I" Jay orQgj_ g, beginning in M, slid every year ltlerealler
oil such dale for Pnrccl 2.
2. Alto adjustments in [lie yearly rent shill be dctmoined by muhiplying the
rnininnml yearly lad as set forth in Section W.A. by a fraction, the
nonlemlor of which is the index number for the last nlonai prior to the
adjustment, and the d-nominator of which is the index number for OsI&,
jY9S? rdf~'at4e3 1 aIiJ~IQV_r~tt12€f,~P9~C4tPatcel 2. If ilia product of this
In uliiplicrition is greater 111,111 the minimum yearly rent as set fordo ill Section
IV A , Lessee shrill pay This greater amount as ilia yearly rent until the lime
of the next iculal -idjusimcni as called for fit this section. If the product of
t is 11111hlplican(Ur is less than tine millit11ti111 yearly rent of a1 set forlll In
Seclion IV.A, tilde shall be no adjustment ill file annual rent at that little,
and Lessee shall pay (lie suininlum yearly rent as set forth in Section IV.A.,
unfit the iiule of Ibe next lculal adjustment as called for in this section. (n no
event shall ally 1e111,11 adjustnlcut called for in II1is secllon result In all annual
rent less Man the uliniulum yearly rent of as set forth fit Section IV.A. *1 lie
adjustnlcut shall be limited so that the annual rental payment delen iacll for
7 -
A
any given year shall not exceed the annual rental payment calculated for the
previous year by more than ten percent (10;10).
3. Subsection A3(a) relating to "Use of Leased Premises"of Article V of the Nebrig Lease is
amended to read as follows:
V. RIGHTS AND OBLIGATIONS OF LESSEF,
3. sale of fuel, including Jet A and Av Fuel.
(a) Sale of fuel to be provided via the above ground fuel system to be
constructed by Lessee in the southeast section of Parcel 2 and shall
be for the express use of Lessee and Lessee's tenants. Fuel
purchased by Lessee from a non-Fixed Base Operator shall be
assessed a fuel fee of five percent (5%) per wholesale gallon.
4. Section A relating to "Required Improvements" and Subsection C.2 relating to "Owrieiship
of Improvements" of Article VIII of the Nebrig Lease is amended to read as follows:
VIII. LEASEHOLD IMPROVEMENTS
A. Required Improvements. As part of the consideration for the privilege herein
granted, Lessee is required to and hereby agrees to construct or otherwise make
improvements to the premises, as specified herein, but not limited to, the following:
The construction of an office and hangar facility for storage and maintenance of
aircraft on Parcel L {
Lessee shall provide Lessor with preliminary plans for the development of the entire
premises together with a proposed t;t^:!able or schedule for said development.
I
2. Plans for Parcel 2. Lessee agrees that it shall, within one hundred eighty
(180) calendar days from the date of this Lease, submit to Lessor for
approval detailed plans and specifications for the construction of thirty-six
(36) T-hangars, four (4) box hangars, a 24,000-gallon above ground fuel
system, and a public taxiway 30 feet by 720 feet drawn and identified in +
Attachment "C" as proposed leasehold improvements. Said fuel system will A
provide twenty-four (24) hour service to tenants via automated credit card + e
pumps Lessor agrees that it shall either approve the plans and specifications
as submitted, or transmit proposed revisions to Lessee within forty-five (45)
calendar days of receipt of the plans and specifications from Lessee. In the
event that Lessor requires revisions of the original plans and specifications,
8
I ~
Lessee shall have forty-five (45) calendar days from the date of receipt of the
proposed revisions to resubmit the plans and specifications for Lessor's
approval. Lessee shall commence construction within forty-five (45)
calendar days of Lessee's wcipt of Lessees final approval of the plans and
specifications, hereinafter referred to as "Approval Date" and the
improvements shall be s:hcdulod for completion not later than two hundred
seventy (270) days after commencement of construction.
3. Additional Reau'remcnrs. Before commencing the construction of any
improvements upon the Premises, Lessee shall submit:
i
(a) Documentation, specifications, or design work, to be approved by the
Lessor, which shall establish that the improvements to be built or
constructed upon the Premises are in conformance with the overall
size, shape, color, quality and design, in appearance and structure, of
the program established by the Lessor's Master Plan for the Airport.
The Master Plan shall be approved by the Lessor and copies shall be
on file at the Office of the Airport Manager and the City Secretary.
(b) All information required by the City of Denton Subdivision and Land
DcTelopment Regulations an outline of such requirements is on file
in the Planning Department of Lessor.
(c) The estimated cost of such construction.
No construction may commence until Lessor has approved the plans
and specifications and the location of the improvements, the
estimated costs of such construction, and the agreed estimated life of
the building or structure. Approval by the Lessor shall not be
unreasonably withheld. Should the Lessor fail to deny Lessee's plans
and specifications within sixty (60) days of submission thereof to the
Lessor, such plans and specifications shall be deemed approved.
C. Ownership of Improvements.
21 Assumption.
(a) All buildings and improvements of whatever nature, except the fuel
system, remaining upon the Premises at the end of the primary term,
or any extension thereof, of this Lease shall automatically become A,
the property of Lessor absolutely in fee without any cast to Lessor.
(b) The fuel system remaining upon the Premises at the end of the
primary term of this Lease shall automatically become the property
of Lessor absolutely in fee without any cost to Lessor. Said fuel
9
c
4
h
system shall be in good working condition with normal wear and
tear excepted. Lessee and tenants shall maintain the right to access
said fuel farce at the 5% fee established per Section V. A. 3. (a).
5. Section A relating to "Indemnity" of Article XIII of the Nebrig Lease is amended to read
as follows:
XIII. INDEMNITY
A. General Operations:
1, Lessee agrees to indemnify and hold harmless Lessor and its agents,
employees, and representatives from and against all liability for any and all
claims, suits, demands, and/or actions arising from or based upon intentional
or negligent acts or omissions on the part of Lessee, its agents,
ruprescntatives, employees, members, patrons, visitors, contractors and
subcontractors, if any, and/or sublessees, which may arise out of or result
from Lessee's occupancy or use of the premises and/or activities conducted
in connection with or incidental to this Lease,
2. As the administrator of an aviation fuel dispensing operation, Lessee shall
indemnify and hold harmless the Lessor, Lessor's successors, assigns,
servants, agents, employees, of and from any and all claims, demands,
actions, causes of action or suits in equity of any and every kind or character,
arising out of or in any way related to fuel releases that occur on the
premises, airport property, City of Denton Property, and/or the property
adjacent thereto. If such a release occurs, Lessee shall be responsible for
mitigation and remediation efforts as required by the Texas Nahval Resource
Conservation Commission, the U. S, Emironm, ttal Protection Agency,
and/or any and all other governmental agencies.
This Amendment is intended to amend the provisions of the Nebrig Lease (as amended per
Ordinance No. 97-050) only to the extent expressly set forth above. All of the terms, covenants,
provisions, and conditions set forth in the Nebrig Lease are ratified and confirmed except as
expressly modified by this Amendment. This Agreement shall be binding upon and shall inure to
the benefit of the respective successors and assigns of Lessor and Lessee.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the - day
of _---'1999.
CITY OF DENTON, LESSOR
BY:
MICHAEL W. JEZ, CITY MANAGER
10
c
c
a
f ~
i
ATrEST:
JENNIFER WALTERS, CITY SECRETARY j
I
BY:
APPROVED AS TO LEGAL FORM:
I I ERBERT L. PROUTY, CTrY ATTORNEY
BY:
NEBRIG & ASSOCIATES, LESS E
{
BY:~
'C1TLE: t t l ,
STATE Of TEXAS §
COUNT Y OF DENTON §
On this day or 1999, before me, the undersigned
Notary Public, pcrsonally appeared Michael W. Jez, personally known to me to be the person
and officer who execuled the wilhin instrument as Cily Manager of the city orUenton, Texas on
bchalrof Ibe MUnicipal Corporation Iherein named and acknowledged to me that the corporation
executed it.
W1 '1'NFSS my hand and official seal r
4
Notary Pubic, State of Texas
tt
t
J
L
C.
Commission Expiration Dale
STATE OF TEXAS §
COUNTY OF DENFON §
BEFORE Ml, the a tderai ned authority, in and for said County, Texas, on this day
personally appeared MN; known to me to be the person and officer
whose name is subscribed to [lit foregoing 1 trumenl and acknowledged to me that the same
was the net of (lie said Nebrig & Associates. Lie., a ,orporation of the Slate of Texas, and that he
executed the same as the act of said corporation rot the purposes and consideration therein
expressed, and in the capacity therein stated.
Jy GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the cAkiday of
AA f~v~. xQl 1999.
v 11A11111 110ti 4NoryPiubic, Slate of Texas
NOTARY ruSLIQ 3 _ 3L_ O f
STATB OF TEAS
my gcmntegontvirn0331-2001 Commission Expiration Dale
(l c
I
12 _
e
ca
Poo
Ph1ttEL It
S 8B036'07'E 452,78' S BB'36')0'E 670.86'
ws/cAP
1
i c
I ~y
I PARCEL 2a off'
IN w t~sa ~ C O
n
ICD
pp i0.O N
0 5~ _ 9
Q rv z h
y~ in
W d PARCEL N 88'36'10'W 550,86' g :J y
P' 167 POD %Z54.76" iRS/c►p tRs/C is L
Q Ike 90 Pool TA,1ni7 EA9tM T C 0
1° O -se)
i to root sAKie&. [u[rEwT o G L
5 88' 36'10'E ° N 0
o - 2 -
S BB'36'10'E 564.44' lo.o ' lcso IRVC►r {
120.00'
c in N 88'300'1'
.w PARCEL 31, O N PARCEL 39 W)
in
L O
i L m #
m 0 N D
2 L M1
lV
x O t•
N 88'36'lo'W 281.86'
N 801636106W 684.44'
c~
cr
ATTACHMENT A_I
7.95 ACRES.
PARCEL2
N Out certaln $ A, had or parnt of send sauated In she WUIMM NEb Suer. Abslrad Numb r
970 In Ore Csy d Donlum Denson Cuddy, taxes and being part d Lol 1. Block I d Sowh" J
Akporl Addl6orL an addlbn b the Csy of Denlw% Daion Cots f ews occadrq b 9se PCd
lhered recorded in Cebinel 0 Page 295 or the Piet Records of Denson County, Tessa. the
subted lad bW q mote psaallady drso bet as blows:
COMMENCING N the Not tweet Caner at said Addibn at a frond tow We sesrwwnent
THENCE South 06 DsWoes 78 Minutn 21 Secolwla east wan M West one of and Addison a
detarrce d 915.701" b a po" so cans:
THENCE South N DoWees 76 Mhdn 10 Seconds Enal Isswq the West Ine of UN Add6hsl a
dlelance of 152 78 sod to the POCCT OF E EGIN ING for he NorOwwesl cane of to bad b9 q
desorbW tam W a Y.irch Iron rod food in the South Ina of a Access. Drainage and flea,
Ease wA;
Tl1ENCE South"Depress 76 Mbadn f 0 Seoaldt Eael w1th Ou Srwrth sons d aid Enewol a
distance of 670.60 too to a YLbwh capped Yon rod set Its ca not. same bOFig In the West b e of
a 00 fod Access. Manage and MY Easement
THENCE South 01 Degrees 27 Minuses 50 Seconds Wes! w0h the West thin of said Ealownf a
dnfance of 755.00 fed to a *A4xh capped bon rod set
THENCE Norio, 88 Degrees 70 Mrwrles 10 Seconds W'-J teawhq pre Weald said Easenwd
a distana of 110.00 leaf b a 1d4nch capped bon rod set:
THENCE North O t Depess 27 MsoWes 50 Seconds East a distance d 120.00 bet b a Mro h
capped bon rod set
THENCE North 06 Degrees 76 WmAn 10 Seconds West a distance of 550,60 feat to a M-InOi
capped bon rod set For the Southwest came or Ow twek •'esatred bad km whkh a *Irw h
Iron rod sound bears South 01 Deem 27 Minutes Ss Seconds West a dlstann of 71.8 Of feel
THENCE North 01 Deem 27 MwMn 50 Seconds East • dislonce o1235,101ee1 b lie PL 1r;E
OF DEGM ING and enclosing 7.95 was of Land more or less.
k. 07-fC,-99
If. THOMPSON R.P L . "857 Oak
!Ir `
j { ff~ r
I
14
C
I
~I
ATTACHMENT A-II
132 ACRES
PARCEL3A
AS OW cata►m K bad of Vocal of lard Waled bm Iw W ILLMM NEIL Survey, Abdad Maness I
970 in I+e City of Donlon Donlon Counly, Teee3 and be" pa 1 of td 1, Bock I of SouOm*d
A6pat Md31on, an oddMon lo M City of Railm+m. Denton County. Iaces eccadnp b We PW 1
Om a& recorded in Cabbnel 0 Page 295 d Iw Plat Reca d% of OrAn Coady. Tuts: 6m '
auaecl kact being mane pmlkdah desabed as IwS w
COMWNCNO at Ina NwOnvesf Canna of sad Add%un at a found co noale monument
THENCE South 00 Dowses 36 Mtrndts 21 Seconca West with Ow West Imo of sad Adnllhan a
distance d 015 ?0 lost lo a pukt lor cane.;
f HENCE South M Depnees 35 Mk mules 10 Seconds Ftst leavap Una West fns of sold Ad.Mon ■
distance of 226 80 IM to a pokil for rnne In the South fns of a Access. On~ and I ball
Easement
I I IENCE South 00 Del ens 35 Wrsde; 21 Srm h West leaving; IM Swot One d "M
Enti hart a dstance of 337 70 Peel b be POW I OF BEGINNING ra Ime Nom Orwt-A co n•7 d Ina
MreM deambed sect
It ENCE South 00 Dog en 36 Ww*Aes 10 Seconds Fast a OslaMe of 251.11 fed b a P iA !a ! 1
cane; i
TI IENCE Seth 01 Dogtees 23 Mlnuln 50 Seconds West a dlslance of 214 OS test to a Fakt for
canna In Ur Norih Ow of 9 SO toot Tachmay. Dnalnope, and %Ott, Easement
T I IENCE Nalh M Dee on 36 Mb A" 10 Secads West with the North One of sold Er a net a
cktace at 701 06 IM b a point la cans in the tas:Ine of a Vadable -Mb Iastway,
Do aline". end UiOy Faaament;
THENCE Nalh 00 Degeas 36 Mlrnules 21 Seconds East a dslanre of 215.16 lee1 to Inn PLACE l
OF StGWNNG and enmtoshp 1.32 "es of lad more a Ins.
4 16 ACRES
PARCEL 39
As Inel calak' kt, sad a excel d lad saualsd ti tm 'NIA MM NEI. Survy. Absasd lalmber
91C in One Cyy of Orton, Datum County. Tests xmo Ldp parl at l ot 1, 0h, 4 t or South"
Akpat Addition, an addWon to the CIy of Dertam. Donlon County. Id-31 eccor dip b Ins 10 at
pnaed m ecended in Csbknd 0 Pape 29S of go 17x1 Reards d Delon Cm*. Tacos: Ins
subHd Irad bekV more pancidafy described ts blows:
COMMENCWO a the Na Omesl Canna Of sold AdXiOn 2 11 band o0wele mpnWMK
I HEf1CE South 08 Deg no 36 Wnvin 21 Seconds West wok 6,e West bw of saw A"'O" a
dslarca d 915 70 rod b a pokt lot ca nn:
[HENCE SauBm 68 Deg en 36 W. In 10 Seconds Ees1 kaefp Oro Wed M of add AdJbrs a
dislace of 226 60 leel b a Pokt ks ca ml In the South One Of a Accost Qs%m" and l)Hly
Easement
IIIFWf South Da Deg sea 35 Mkvln 21 Seconds West tnvkV IN South Ono of sold
F nemat a dWance of 337.16 ket to a V*rd Ion cans:
i!1£NCE SMh pa Doge" 36 m_,_ IO sauands E ts1 s dlstan¢o d 254.20 w b Ora POINT
OF BEGINNWO, tame beip Ow Nor Unmesl corns d Imo henes+QtsabN fact: !
[HENCE Sash D8 Oepen 36 Mknda■ 10 Swords Ent o nlFSlance d 661.1 Pled b a p'f t fa !
caner:
I II£NCE South 01 Oepees 73 Miwdn So Seconds Wags dlslanne d 1919 feet b D 'A b c%
capped bon roc ad;
k THENCE Horl' 00 Oepen 36 MwwAn 10 seconds west A dlslarca Of 12000 tH b a :1 Inncls
capped Yon rod sal bm 9me West Imo of a t01od Access, Dak,aye, and tlMly Easement
tll£NCE Nafh 01 Degen 23 Mtnutts 50 Seconds Easl w,rh ow West Ina of sold Easatotn[ a '
dislamce of 244.6510400 Nom Ise d s 50 lad tax"- Drdnno. and D101y Easement r n
A. i
[l1ENLE NorOn M begtso 36 ltknuln 10 Seconds Weol w0h Ow Nora fnma d sold 50 ktt r ~ • ` l,:
Easement a mislxca d6N.11 b a pd't !or cans: 1
t HENCE lawn, O I Depon 23 MI.N1n W Sacu ds Enl leavap the Not Ime d Bald Woof
Fawned a dlsrance d M $S feel 10 9,a PLACE OF BEGNNNO and adoaap 1.16 a Ins Of
tad mac of less
.-r
JE. tl I[kq'SONH lS fe05i 15 bale
c
c
I
i
r
Q I-i-IA ^1GA0. COnIST RUCT ION PR OSLSCf
C e,+-n~~ any l~~-aR~4 E q40 - 24 7':".
No-j j v 5c.a~E
~ 1... S~9fvq~K
Z \ / c t d
I ~ f ''-~W Sa,Fy C ' l 0 W X \ L t la \ 41tl~H
J g 4 co CIO
1
~ µEA r~/,M= ytr~n li OV
.
G
I
I
I
I
END OF
FILE