HomeMy WebLinkAbout10-19-1999
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October 19,1999
Agenda Packet
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CITY OF DENTAGENDA ON CITY COUNCIL AWs ma 4Iftm r
October 19, 1999 4
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 19,
1999 at 3:15 p,m. in the Council Work Session Room at City Hall. 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 agenda consistent with
Chapter 551 of the Local Government Code as set forth below.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETINO
WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPUANCE WIT11 TEX. GOVT,
CODE CIL 551.171E CITY COUNCIL RESERVES THE KIONT TO ADJOURN INTO A CLOSED MEETING
OR EXECUTIVE SESSION AS AUIIIORIZED BY tEX. GOVT. CODE SEC. 351.001, ET SEQ. (TEXAS
OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A
CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN
ACCORDANCE WITH TIM.' 'TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION
SECTIONS 551, 07 t •551.086 OF THE OPEN MEETINGS A CT.
Regular Meeting of the City of Denton City Council on Tuesday, October 19, 1999 at 6:00 p.m.
in the Council Chambers at City Hail, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
1, fledge of Allegiance
A. U.S. Flag
13, Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
PROCLAMATIO\S
2. Proressional Business Women's Week
P12F,SENTATIO\'S I
Presentation of the Municipal Treasurers' Association of the United States and Canada's
Ccrlification for the City's Investment Policy.
NO S , E.\CEUJDM
4. Consider a request for en exception to the noise ordinance for a Halloween Party at 1218
Avenue A on Saturday. October 31, 1999 until 2:00 a.m.
ClU7EN REPORTS
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5. Receive a report from Lacey Stokes regarding plastic recycling.
6. Receive a report 'rom Billy Brasfield regarding name calling on the Council.
7. Receive a report from Townsend Cassell regarding name calling on the Council.
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City of Denton City Council Agenda
October 19, 1999
Page 2
8. Receive a report from Carolyn Phillips regarding truth, respect and hypocrisy in
democracy.
COYSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on the basis
of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his
designee to implement each item in necordance with the Staff recommendations. The City Council has
received bnckground information and has had an opportunity to raise questions regarding these items
prior to consideration,
Listcd below are bids and purchase orders to be approved for payment under the Consent Agenda
(Agenda Items 9.17). This listing is provided on the Consent Agenda to allow Council Members to
discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent
Agenda Items 9.17 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".
9. Considcr approval of a lax refund to First Bankers Mortgage Corp. for Linda Difrore in
the amount of 5878.68. The 1998 property taxes were paid twice.
10. Consider approval of a lax refund to Scott Montgomery and Alice Bauer in the amount of
5858.82. The 1998 property taxes were paid twice,
11. Consider adoption of an ordinance accepting competitive bids and awarding a contract
for the purchase of a drainage pipe; providing for the expenditure of funds therefor; and
providing an effective date. (Bid #2415 - I fughes Supply - $37,847.50)
12. Consider adoption of an ordinance accepting competitive sealed proposals and awarding
a contract for the purchase of mxl:rials, supplies or services; providing for the
expenditure of funds therefor; and providing for an effective date. (RFSP 2406 - Ilcalth
Insurance awarded to Actna U.S. Healthcare, in the estimated amount of $3,522,608,
voluntary employee paid dental insurance awarded to I lumana Inc., at no cost to the City
of Denton and voluntary cmpluyce paid vision insurance awarded to Superior Vision
1 Services at no cost of the City of Denton.)
13. Consider adoption of an ordinance authorizing the City Manager to execute a
professional services contract with tialff Associates for the design of the Graveyard
Branch interceptor sewer line and related services as set forth in the contract; providing
for the expenditure of funds therefor, and providing an effective date. (Professional
services agreement #2419 --11alff Associates • $293,440)
14. Consider adoption of an ordinance authorizing the City Manager to execute a
professional services contract with Emcon for the engineering design and preparation of
construction plans and specification services for the City of Denton landfill expansion of
Cc11s 1A, 2B, and 2C, and related services as set forth in the contract; providing for the
expenditure of funds therefor; and providing an effective date. (Professional Services
Agreement #2420 • Emcon - S 129,100)
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City of Denton City Council Agenda
October 19, 1999
Page 3
IS. Consider adoption of an ordinatce authorizing the City Manager to execute a
profesrional services contract with Freese and Nichols, Inc. for preliminary design
services for a 60-mgd Hartlee Field Booster Pump Station and ground storage tank;
providing for expenditure of funds therefor; and providing an effective date.
(Professional Services Agreement 02421-Freese and Nichols, Inc. • 541,30$)
16. Consider adoption of an ordinance authorizing the City Manager to execute a personal
services agreement with Barbara T. McCall Associates, Inc, to provide certain
information and services with regard to legislation of interest to the City; authorizing the
expenditure of funds therefor; and providing an effective date.
17. Consider adoption of an ordinance of the City Council of the City of Denton, Texas
authorizing additional penalty on delinquent taxes under Section 33.08, Tax Code; n.rd
providing an effective date.
ANNEXATION ORDINANCES
18. C'onsidcr adoption of an ordinance voluntarily annexing approximately 37 acres located
on the cast side of Teasley Lane, approximately 700 feet south of its intersection with
Hickory Creek Road, to approve a service plan for the annexed property, to provide a
scvcrability clause, and to provide an effective date, Second reading of the ordinance,
(A-88, South Teasley Lane)
19. This item postponed by written request of the applicant.
20, Consider adoption of an ordinance voluntarily annexing approximately 46 acres located
at the southeast comer of Nowlin Road and Robinson Road, to approve a service plan for
the annexed property, to provide a scvcrability clause; and to provide an effective date.
Second reading of the ordinance (A-91 Kirby Tract)
PUBLIC HEARINGS
21. Hold a public hearing and consider the recommendations of the Planning and Zoning
Commission and the Blue Ribbon CIP Committee concerning the 2000 Capital
Improvements Program.
22, Hold a public hearing inviting citizens to comment on the proposed usage of 1998 Local
Law Enforcement Block Grant funding.
23. Hold a public hearing and consider adoption oran ordinance of the City of Denton, Texas
adopting the Comprehensive Plan as an official policy document intended to guide future i ' A
community growth and development decision-making as authorized by Chapter 219 of
the Texas Local Government Code and Charter of the City of Denton; providing for the
repeal of all ordinances in conflict herewith; providing a sevcrability clause; providing a
savings clause; and providi; an effective dale.
24. hold a public hearing and consider adoption of an ordinance toning an approximate 37
acre tract to approximately 33 acres of One-Family Dwelling (SF-7) and approximately 2
acres of Neighborhood Service (NS) zoning district and land use classification. The
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City of Denton City Council Agenda
October 19, 1999
Page 4
property is located on the cast side of Teasley Lane, approximately 700 feet south of its
intersection with Hickory Creek Road, Single family residential and neighborhood.
oriented service development is proposed. The Planning and Zoning Commission
recommends approval (6-0) with conditions. (Z-99-039, South Teasley Lane)
25. This i[crn has been postponed by written request of the applicant.
26. [told a public hearing and consider rezoning approximately I acre from One-Family `
Dwelling (SF-7) to Planned Development (PD) zoning district and land use classification
by approving a detailed Plan, The property is located within the River Oaks Addition at
the southeast corner of Monlecito Drive and Seven Oaks Lane. A neighborhood amenity
center is proposed, The Planning and Zoning Commission recommends approval (7-0)
with conditions [Z•99-063, Riser Oaks Amenity Center)
ITEMS FOR INDIVIDUAL, CONS[ DFI AIIQX
27. Consider suspension of the rules on a request for reconsideration to rezone a 5.0 acre site
from an Agricultural (A) zoning district to a Light Indus!rial with Conditions [LI(c)j
zoning district. The property is located on [be north side of Mingo Road, between Loop
288 and Cooper Creek Road. Light industrial use is proposed. The Planning and Zoning
Commission recommended approval 7-0, the City Council denied the proposal on
September 21, 1999. (Z-99-043, Minge/Loop 288)
28. Consider approval of a resolution of the. City of Denton, Texas, accepting the sum of
$1,000 from Windle Family Partners, Ltd, and Michaa C. Ramos in consideration for
entering into exclusive negotiations for a period of 180 days relating to the possible ]case
of airport property in the vicinity of the existing Windle hanger lease; and providing an
cflcctivc data
29. Consider adoption of an ordinance authorizing the City Manager, as Denton's authorized
represcnlativc, to enter into an Airport Project Participation Agreement between the
Texas Department of Transportation Aviation Division (TxDOT) and the City of Denton
for the construction phase of TxDOT Grant No. 9742DNTON,
30. Consider adoption of an ordnance authorizing the City Manager to execute a second
amendment to the professional services agreement for consulting services previously
entered into by the City and R. J. Covington consulting on January 5, 1999 and as
previously amended by the First Amendment [hereto on June 1, 1999, by adding Task
i Order No. 99-C thereto; providing for additional electric industry professional services to
be pcrfomied relating to the potential divestiture of all or a part of the City's municipal
electric utility and other related matters; authorizing the expenditure of funds therefore; A
providing for relro effect on the agreement; and providing an effective data f
31. Consider approval of a resolution appointing members the Board of Directors of the
North Texas Higher Education Authority, and declaring an effective date.
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32. Consider adoption of an ordinance amending Section 34.17 of Chapter 34 of the Code of
Ordinances to shorten the expiration date for preliminary plats; providing a severability
clause; providing a savings clause; and providing an effective date.
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City of Denton City Council Agenda
October 19, 1999
Page 5
33. Consider approval or a resolution of the City of Denton, Texas calling a public hearing to
consider establishing a Reinvestment Zone II for the Peterbilt Motors Company, ratifying
prior actions; and declaring an effective date.
34. Consider approval of a resolution to declare the intent to reimburse expenditure from the
retained earnings of the Electric, Water, and Wastewater funds with revenue bonds so
that various projects approved in the 1999 & 2000 Capital Improvement Program, more
fully described in the attachment of this resolution, may be commenced,
35. Consider nominationslappointments to the City's Boards and Commissions.
36. Miscellaneous matters from the City Manager.
37. New Business
This item provides a section for council Members to suggest items for future agendas.
38, Possible continuation of Closed Meeting under Sections 551.071.551.085 of the Texas
Open Meetings Act.
39. Official Action on Closed Meeting under Sections 551.071.351.085 of the Texas Open
Meetings Act.
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CERTIFICATE '
I ccoify that the above notice of meeting was posted on the bulletin board at the City Hall of the
city of Denton, Texas, on the day of , 1999 at o'clock
(a,m,)(p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEASE 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-1a SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
I HROUGH THE CITY SECRETARY'S OFFICE.
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AGENDA INFORMATION SHEET Ode
AGENDA DATE: October 19,1999
DEPARTMENT: Fiscal Operations
ACM: Kathy DuBose
Fiscal and Municipal Services
SUB&CT
PRESENTATION OF THE MUNICIPAL TREASURERS' ASSOCIATION OF THE
UNITED STATES & CANADA'S (MTA US&C) CERTIFICATION FOR CITY'S
INVESTMENT POLICY,
BACKGROUND
In August 1999, the city of Denton, 'fexas was formally recognized for having its written
investment policy certified by the Municipal Treasurers' Association of the United States and
Canada (NITA US&C). Denton is on: of 25 governments in the State of Texas to have its
investment policy certified by MTA US& since the program's inception in 1990. Of the
policies received each year for review, only two-thirds of the policies reviewed are accepted
on their first submission,
A written investment policy is ordy certified when the Association's Investment Policy
Review Team acknowledges that the policy has met all critical criteria set forth in the
Program. Following are some of the elements included in the Model: liquidity; selection and
review, of suitable investment instruments; internal controls; reporting; portfolio
diversification; custody and safekeeping; selection of investment institution criteria; ethics;
and conflicts of interest.
PRIOR ACTIONIRFVIEl1'
None,
UWAL INFORMATION
None.
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Re ctfuliys mitt r 0
Diana 0. Ortiz
Director of Fiscal Operations
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AGENDA INFORMATION SHEET
AGENDA DATEt October 19, 1999
DEPARTMENT: City Manager's Office
(All: Michael W. Me, City Manager, 349-8307
S!B FCT
Consider a request for an exception to the noise ordinance for a lialloween Party at 1218
Avenue A on Saturday, October 30, 1999 ,intiI 2 a.m.
BACKGROUND
Air. Christopher 13rown and his. Laura Collins have requested that the City Council grant
an exception to the noise ordinance on Saturday, October 30, 1999 for a Halloween Party.
I he party is scheduled from 8:00 p.m, until 2:00 a.m. and will take place in their
backyard at 1218 Avenue A, The parry will be attended by neighbors, family and friends.
Local ja" combos and acoustic ensembles will provide music. According to police
records in 1998, the Police Department responded to one noise disturbance call during the
event. In 1997, there were no reportol calls.
As you know, the noise ordinance declares loudspeakers, amplifiers, and musical
instruments a noise nuisance, particularly after 10:00 p.m, Monday through Saturday and
anytime on Sunday (Attachment 3). The ordinance does, however, provide that the City
Council may make exceptions when the public interest is served.
i he organiicrs have been infonred that should Council approve this rejuest, responsible
use of the ampliticd sound is still rcquirud by Section 20.1 of the City of Denton Code of
Ordinances. In particular, Section 20-1(a) states:
It shall be unlawful for any person to make or cause any 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.
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PRIOR ACCION/MVIEW (Council, Boards, Comn s 1 s d,
Air. I)row n and Nis. Coilins received an exception to the noise ordinance for a similar
event in 1997. On October 20, 1998 the City Council granted an E;xeeptiou to the Noise i
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Drown/Collins Noise Exception
October 19, 1999
Page 2
Ordinance for Mr. Brown and Ms. Collins's 1998 Halloween Party,
FISCAL INFORMATION
None.
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Respectfully submitted:
'2~4- x4tL-A
Rodne Mitchell
Management Assistant
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Attachments: 1. Request from Christopher Brown k Lisa Collins
2. Map
3. Noise ordinance
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To the City Manager's Offte,
Due to the success of our prey ous Halloween party and the generous approval
of the City Council In granting us pe,,,mission to provide live music, we respectfully
request another opportunity to celebrate this upcoming holiday. Last year the City
Council decided favorably in granting us permission of the use of amplifwd music until
2 am at our house located at 1218 Avenue A.
The costume party was welcomed and attended by most of our neighbors,
friends, classmates and families, and the various live jazz and blues bands contributed
to an enjoyable and safe evening for all, Similar to last Halloween, we aro planning
to Invite local jazz combos and acoustic ensembles to perform on our patio In the back
yard of the house. We feet that this event is a positive and well-organized opportunity
for our neighborhood to visit and enjoy themselves In a relaxed atmosphere.
We understand the many concerns that the council has about noise complaints
and disturbances caused by loud music. It Is our intenflon to adhere to all constraints
that the council members or the Denton Police Department may decide are necessary.
Above all, we hope that our Halloween party will enable all of our guests to safely
celebrate the Fall season In a responsible manner.
Please consider our request for an exemption of the existing Donlon noise
ordinance on the evening of Oct. 3A 1994. We thank you for your time In this matter
and your efforts In keeping our hometown, Denton, a pleasant and exciting community.
Sincerely,
Christopher Brown
Laura Collins
1218 Avenue A.
Denton, Tx 76201
(940) 484-6655
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Noise Zone -1218 Avenue A
O.I.S. Engineering & Transportation Dept. Map Scale-1' = 200ft
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Chnptor 20
NUISANCES•
Art. I. 1,, Goneral, *120.1 -20.30
Art. It. Ab.mdoned Property, It 2031-20.70
Div. 1. Oenerally, 11120-31-20-40
[)iv. 2. Motor Wfilcles, 44 2041--20.70
Art. Ill. Grass and Weeds, 14 20.71-20.73 I
ARTICLE t. IN GENERAL
See. 20.1. Noise.
(a) It shall be unlawful for Any person to make or cause any unreasonably Inud,
disturbing, unnecassnry noise which causes or may cnuse mnlirinl distress, discomfort or
Injury to persons of ordinary sensibilities In the Immediate vicinity thereof
th1 It droll be unlawful for Any person to make or cnuse Any noise of such character,
Intensity and continued duration As to subetnnlialty interfere willr the comfortable enjoyment
of private homes by persons of ordinary senAbili(ies.
rc1 'fhe futlowing acts, arnoogoti ors, Are declared to be nolso nuisances lit violation of ltris
Code, but such enurnernlion shall not be deemed to be exclusive:
III The playing or "ny phonograph, television, radio or any musical instrument in such
manor i or with such volume, pnrticularly between the hours of 10.00 p.m. and TOO
n m , ns to Annoy or disturb the quiet, comfort or repose of persons of ordinary
sensibilities In nny dwelling, hotel or other type or resldence;
121 The use of any stationary loudspeaker, Amplifier or musical instrument lit such
manner or with such volume ns to Annoy or disturb persons ofordinary sensibilities
in like immedinle vicinity thereof, particularly between lie hours of 10.00 p.m. and
7.00 it rot , or the operation of such loudspeaker, nmplifier or musicnl Instrument at
tiny time on Sunday; provided, however, that the city touncil mny make exceptions
upon npplicntinn when the public interest will be served thereby;
1,11 The blowing of any steam whistle Attached to any stationary boiler or the blowing of
nny olhet laud or far-renching steam whlslle within (lie city limits, except to give
notice of the lint • to begin or slap work or As a worning of danger;
141 The erectior, excavation, demolition, alteralion, or res,rir work on Any building at
mn)tirnc other Ilion between the hours of 0:00 a.m. nml 8:30 p m. Monday through
Friday from June 1 to September 30; between 7:00 s.m. and 8:30 P.M. Monday ~
through Fridny from October 1 to May 31; between 8:00 a.m. and 8:30 p.m. on
'Cross referencos-Prnlrcled mlgrnlory bird roosts declared nuktuice, l fr81; Inapec•
Linn mid nbAvinent wnrrnnts, 4 1986 ct scq; insect and rodent control In mobile home and
recreational vvidOe parks, 132-91
Xu1,1, N1 6 1399
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f 20.1 DENTON CODE
Saturday; and between 1:00 p.m. and 8:30 p.m. on Sunday;prwided, however thatthe
city council may Issue special permits for such work at other hours In case or urgent
necessity and in the Interest or public sarcty and convenience.
(5) The creation or any loud and excessive noise In connection with the loading or
unloading of any vehicle or the opening or destruction or bales, boxes, crates or
containers;
(61 The use of any drum, loudspeaker or other Instrument or device for the purpose of
attracting attention by the creation of uoiscs to any performance, show, theatre,
motion picture house, sale ormerchindise or display which causes crowds or people to
block or congregate upon the sidewalks or streets near or adjacent thereto.
(Cade 1966, 01 14.20, 14.21, Oid. No. 95-184, j 1, 942.95)
Cross reference-Animal noise, 16-26.
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AD" AD No
AGENDA INFORMATION SKEET
AGENDA DATE: October 19,1999
DEPARTh1EN'r: Fiscal & Municipal Services/Tax
ACM: Kathy DuBose, Assistant City Manger of Fiscal and Muuicipal Services q_e
SUBJECT;
Consider approval of a tax refund to First Bankers Mortgage Corp. for Linda Difiore. The 1998 lax was
paid twice, resulting in an overpayment.
BACKGROUND:
Chapter 3 1.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing
unit for refunds in excess of $500.00. Property was sold and 1998 tax was paid in the amount of $878.68
by the title company on 11/13/96. Later on 1/19/99 check #183288 was received from First Bankers
Mortgage Corp. for the same amount resulting in an overpayment. All documentation necessary for refund
is attached.
FISCAL. I N FORMATION:
The tax overpayment revenue fund would be reduced by $878.68.
Respectfully submitted: ,
iana OC
Director of Fiscal Operations
Preparedby:
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Caroicne Folse
itc%cnue & Tax Analyst
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APPLICATION FOR TAX REFUND
ng office name co"no tea for ng Oft)
CITY OF DENTON TAX OFFICE CITY OF DENTON
.raaan menq rte. (numbeir a ao
601 E. HICKORY SUITE F
n or Pna Or" a e.
DENTON TX 76205 940 349-8318
To a I fora tax refund, the taxpayer must complete the following.
Step 1: Linda Diflore v `Aid i F ✓ v 6"1".5
n ai, a
owners name 2240 Holly hill Lane
or
poa o e, ZIP Color phor, ,arse tiol, en num er
and address Denton Texas 76205-8274
Step 2: Legal description (a attach copy of mt tax bill or tax receipt): Southridge East Ph 1 Block 39, Lot 10
Describe
the property Address or location of properly: 2240 Holl hill Lane
Account number of property. Tax recelpt number
103104 OR 9810140023
Puma Year Data Mount Amount
Of Tuing Unn From WnxYr For Which Rshnd d The 01 Of To Refund
ReNnd Is Required Is Re"sled Tax Payment Tares Paid Raqueatad
Step 3 1. City-oLDsntgn 1928 11L13198 87L
Give the tax 2, City_ly D-fa= MIS iLi9139 S_~ 87A S9 S 678.68
payment 3.
information 4. I
5,
Taxpayer's reason for refund ( aNach supporting documentation): Ck 8120651 wee received on 11113198
Ming the 1998 taxes In full then $87868 was received on 1119199 causing an overpayment
't hereby apply for the refund of the above-0esaVhed taxes and cart fy Mal ft Infarmatlon I have given on this "is true end
Step 4: conan to me Deal or my knowledge and trelwt.•
ruri&
Ono re f , r` ~R,d~ .>•,~"d, v Is app o re
Sign the form he e tA~r 11►~ - -11)~AA - tll't31 3,
Any porson who makes a false entry upon the foregoing r rd shalt be subject to one of the following penahies:
1 Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of M more than $5,000 or"
such fine and Imprlsonmenl; 2. Confinement in Jail for a term up to 1 year of a fine to exceed $2,000 or both such
fine and Imprisonment as set forth in Section 37.10, Penal Code.
Step 5 This tax refund Is =Approved Disapproved
Au thonyed Of, or Dale
Tex refund sign I I l ;here
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delerminallon readit;c ertalo tax ngunlNa) refund applications over Data
sign
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First Bankers Mort 9age Corp.
September 14, 1999
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Denton, City of Tax Dept.
215 E. McKinney
Denton, TX 76202
Re: LoanN 4005557084
Tax Account HR 103104
Dear Collector:;
First Bankers Mortgage Corp, paid the above account in error for the following reason,
Paid wrong account or ID number.
Account Double Paid
Homestead Exemption
Received Corrected Statement
Other
Enclosed is a copy of the cancelled check this account was paid. Plcase refund i
SUM to First Bankers Mortgage Corp.
Thank, you ror your help in this matter.
Sincerely,
VIR~~KfQ Dd~Z
Virginia Dollar
Tax Department
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PO BOX 21117 VVACO, TEXAS 18702.1111
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REPORT TA610500 09/11109 AT 20:42 O V[ R P A Y M E N T 9 PACE 11
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fBflifl •OBf 11111 L[OA37NOM YfASATBNA~I3i7 VIIRIIPAY
AY
97160100000 f4/10/11.0031 IRY1N IUSiNO N 1.36 a OANII so.41 OVERPAY
07173600000 fl/f11.00][ SPRAWLS, JAN A SCHMITZ AV 70.60 OVERFAV
10217100000 95/10/11.00]7 ILI 11111AIL A DEER FORIST DR 0.40 OVERPAY
ellso 000 00 o[/l9/11.0040 NC~AN Ol `i DlNTO
1 71 OOB 0 y"1 0884 1~T N~N{v 11,_~io sr•TCw ENO OINTON r{IA rN M •1 V~~IAV
SI,ogA000o0 •7i%1g%7~ 0010 i `N `d DII1r • 2 WE FDIj zi i
0348 700000 1t/1 it toil L 1/fR ART T0 f' v 6'1`R"L^~w s1 'e Ov AV
02154100000 98/10/18.0003 CARROLL MATTHIW a HOUSTON PL 0.11 OVERPAY
07011100000 et/10/11-0001 COLlVIN' HAZEL MOHICAN A'/ 1,01 OVLRMY
03173100000 se/10110.0001 L[YIN[1T-COLLINS ASSOC I N LOOP 180 314,00 OVERPAY
9160/900 0 fa/fo/I[•0 atI TR i MIROHANT IVITEMS DINiON f JAr
2 f 00 BB f !TO/1••1116 AY pR%? 11101. RUNT
0{31{BoOOof A06/ 0!S f tfl• CAR" t ~1 100100? 4 , OVt AI
41198 4pgq0 00008 all, 0/311 8 4 AA if • 1; YRY11 r1 01 OV 1E PA
071]0400800 1/70/0Bie ►I,ATRtC14 Y TON164 Ti DB OV ►A
07199100000 98/11/03.0001 0101AN, LEWIN oROOKHOILOW DR 71. IF OVIRPAV
01681700000 99/11/03.0017 HUNDIS, EVER1Tf 0 1 UNIVERSE TV 0 0.07 OVERPAY
01777700000 90/11/03. 0038 WILSON, MARLIN P % SONNII IRA[ 0.09 OVERPAY
037 370000 lJl /1 0 OS WSON AR41t a M {,l ■T 83 NPAV
024 <OOOoe qo •&AN: NO IBi MIlRMN4TY ~f1 - Qpyv 1♦r1130910 y0880 9•S9104 ~UU~ppAAN M((M, RAYr01370/80800 Do/ 1111.1011 141WI P
RdYr
00371400000 98/1111.1.0021 CZAR X, Wlfl[Y US77 2],81 OVERPAY
90171100000 18/11/70.0001 JORDAN ! A/C a HIATINO 1 MCRINNIV sT 10,76 OVERPAY
61706000000 98/11/77.0007 SAUSIDA, MANUEL TEASLEY 4271 L 4,71 OVERPAY
04,102:00403: iii=liei:0$o] 1l/~u Wt•LiXk ugly ~`~~1 ft9 1. 1 i~$M
L" 0]301136008808 foh 33••gg8p# of V{8Aj~,. MM, tall O OAY
80700000000 9!11110'-8 X19 1[171, T[B~YIW~ AT/YUl/8[ Ittall to
dl ' O~V AYY'
12217900000 on/I3120.0000 MIDAS MUFFLER 8 IRARI SHOPS 11.301 111 le OVERPAY
TOTAL Of OVERPAYMENTS 71 ,968.11'1
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AGENDA INFORMATION SHEET
AGENDA DATE: October 19,1999
DEPARTMENT: Fiscal & Municipal ServicerdTax
ACM: Kathy DuBose, Assistant City Manger of Fiscal and Municipal Services ,J(y
SUBJECT: •1~
Consider approval of a tax refund to Scott Montgomery & Alice Bauer. The 1998 tax was paid twice,
resulting in an overpayment.
BACKGROUND:
Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing
unit for refunds in excess of 5500,00. 1998 tau was paid by the mortgage company on l 1124/98, then the
property owners, Scott Monlgomery & Alice Bauer also sent in payment resulting in an overpayment In the
amount of $858.82. All documentation necessary for refund is attached.
f
FiSCAI, INFORMATION*
The tar overpayment revenue fund would be reduced by $858.82.
i
Res fully submitted, '
Diana Ortiz
Director of Fiscal Operations
Prepared by:
Carolene Folse
Revenue & Tax Analyst
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APPLICATION FOR TAX REFUND
C4" W" n.ro
CITY OF DENTON TAX OFFICE CITY OF DENTON
601 E. HICKORY SUITE F
"Ay, VWfl of ;W off", 10111. Or 0831 ~ tme wiina
DENTON TX 76205 940) 349-8316
To apply for tax refund, the taxpayer must complete the following.
xne
Step 1: SCOTT MONTGOMERY & ALICF. BAUER
Owner's name 511ano,aa Tc,
and address DENTON TEXAS 76205-8402 c 4Yo) 211-7;D7
Step 2: Legal desorption (or ehech copy or rie tax bit or tax reoeipl): Montecito Del Sur, Ph 1, Block C, Lot 3
Describe
the property Address or location or pro"Olr 3512 Grande Tr.
Account number of property: Tax recelpt number:
023843 OR 8808230064 i
Marne year Dow Amxxe Maxi I
d T= ` FR S idiicA For MAdh Row Of Ths of Of TAX rbNd
ls Rowelled T !I
PWNN Taus P&M Regwkd
Step 3: 1. City of Danten 11~ ! r/tv/~0 S B5B.B2
Give the tax 2, City of Dentert dggg 3123M S 874.49 85 R2*
payment 3.
information 4.
5.
Texpsyela reason for refund ( attach supporling documentatlon): ' 1998 tax was paid twicol. me on
11124198 with chock M11874 and second was received on 3+23199 • no ck number was recorded, resulU In I
an ova emnt of R58 82.
'I hereby apply fa to R56
of M alave4asulbed taxes and cerofy riot M tnkmweon I held OYM on e,fa arm Is IrA and
stop 4: oonad b the oast of M&Mfd and bell.'
a ro x ro
Sign the form sign
here ee k,,6a, 7, 1499
Any person who makes a false entry upon the 1q record shot be subject b one of the rotbwing perahles:
1. Imprisonment of not more fhal the 10 years not less than 2 years andlor a One of not mare then $5,000 or both
such fine and Imprisonment; 2. Confinement In Jan for a tens up to 1 year or a One to exceed $2,000 or bo h such
fine and Imprisonment as set forth In Section 37. 10, Penal Code. r
r~
Step 5 This tax refund is: X Approved =Disapproved
va +I
rax refund hie *AIM4i /,_L
r .)3~~Js
determination a s x ng u s appocabons over
sign
hard
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REPORT TAA605DW 00/71/99 AT 20:42 O Y E R P A Y M E N i f PAGE IT
ACCOUNT N0. RECEIPT NO. NAME ADONCSS AMOUNT STATUS OF PAYMENT
19646900000 00!06/16-0073 TAYLOR, GREGORY 0 A TINA L OSAGE LN 40.65 OVERPAY
07416300000 90106/17.0016 SA9YYEI1~~GLARRY D NiT IJ1 ST 81.91 OYtA PAY
IJ6r4 s00000 :8/0E/Ih 001 lO YA EO
8511,190 0000 9910E/I8. 007 TUN ► MA VIAL OR W► INC DENTONJOHN DA f X00 OWVIIRI AV 7
51451100000 /9/69/10- 013 811.100 10rORA LTD i ppyy
$a 00 6: 00/
/!1.007! STR AU NN GICd A 00tIrA0 TSY 1:00 O
e2 Y 01AY
077637 00000 91/08/23•p094 JOHNSON JAMCLV TRUST
01070600000 01)00/27-0066 SHERATON RD 390.01 OVERPAY
SYSTEM ONE CORP KIMOi RLY OR 40.77 OVERPAY
02394700000 94104/23•0044 MONTOOMCRY SCOTT 6 A SAWN ALICE GRANADA TR 961.01 OVERPAY
To 91114 06!06/!4.0016 LAM OF 0E>1 OP FARMER A S;66014N W NCKORY 0ppto
9 - 0 OVERPAY
10010960000 99/00/304 p' OMI ipy AM A LLIIM DO •6305 07S•0# 0 iOPAY
91110200J0 i /Of/69.0009 OO LD Id I AMo" M A OfA AY0 4 pp~~ 04
tgj ff ~L YY
rI6i 1ln0000 90/01/30.0002 0.0Y R1 NY AutoM0lilO L0N ~i 1.3Ef~ 0 .1 ppyy ROAY
60361000000 99/01!1 001 7A YL 00, 600 • M:K ORT f ITH 0 9 .6 OVOAPFAY
61100700000 90/06/20.0069 ALL 110 V .40 CO S LOOP 196 0.10 OVERPAY
0170900000 06109/29.0070 COPT I2LLY W A SCANORN. SUSAN REDO EC RE St cm 0.01 OVERPAY
01960600000 01/04/30.00026 ALSUP RON PNESTON PL D AI OVERPAY
03569900000 00100/31.6 060 al Af7LOCX, TORY ll I LLVMILL IN 1. OoV t``AA
AV
If DE YAM►li V ` ►00 i WtAr5Y
1041!100000 V601/1110s RI4RDIN 7j►0~1tFAIT 10140 11 LTD L A TVN ! 2 YY[[[[NU Al
1f 012000000 001.0020 HfIFNdRIUYIGHA[L K A 011NN4 M ksU AO 16fy 1 OVER /Y
67630100000 91/07/01.0000 HICKORY CREEK MHP i MAYNILL 9 44 31,76 OVERPAY
02497000000 0:/07101.0091 LETSON DAMN GROVE fl 143.63 OYC NP AY
01125700000 06/07/01.0111 ROM M6N, GARY TEASLEY A A LN 0.47 OVERPAY
14111100000 01/01!07.00 D0 MARSHALL MANE A 3,►
AU RM11,lN IRPAO
03]41200000 N/07109-0 61 01 T_o" p `
11717000000 • /07/09-809 U Atm` P,7L 4S NO 5 PINAND VARI Ju J O1sTY A y
07!11000000 N
0 %07%0000 FF$N L1NN•L92! CmANOLt11 C~S IOOObNN 1000E ST 1{ OV TAyY
03300600000 00107/Ir-0063 SIMPXINS, FLUID SMITH ST 4.01 OVERPAY
07060000000 611107) 20.0071 AN DIISON, LAURA LEI MRS MRADLIY SI 3.40 OVIAPAV
90047700000 11/07/11-0006 AARON RENTS DENTON TEXAS 197.41 OVERPAY
16400300000 !4/07/21.0011 WN TRR11 OLIN P AUIDO A ar •t a PAy
17306000000 11!07/f:-0030 ST I S/i 4 E PA 1f 0Y ii #0 py 0 y
021600000 0/0} V
00 9
1• O! JA10
4tSTY, 0A` PH II } !11166 0OVy rrAy
01960!00006 99/07!!1.0010 MIR80N RO{I WRY TRUST 11IpGr63ik1 ST,1 OY►A7
11140600000 SS/oi/l 1.0027 rt CK 6UdN, DAVID A
03040700000 9U 07/21.0031 SHOCKLEY, M. S. i ILOWWDOD ST 110.1] OVERPAY
t0431100000 01)07!!1.0079 0241110. CURTIS A :WILOWW PARK ! 0.7! OVERPAY
07009:60001 01!07/21-0077 COLEMAN MUCH LINDE~pNNDR 19A.]8 OV1P1AY NFA
00337906000 99 /07/19.0634 00911T a 6. NOUSSY10R1'k 1< T 10 :11 A(e1+AY
02s732e oO 00 91) I/11•eo39 H1pH[s, EbN r ( At` J rRCE 1
O1+11seeolo sA/OT/ll•0044 SMITH JIa a A II RY
1 1977F690063 9./61/19.0913 HWSLfY Ape ARa ttsf NpCS t p V
tf7 U 100003 6:/O7/21. 00i{ 60NAPA 1 ANt II M SPAIN OC11IINKDIIN tl.
V O~AY
61i9110000> 96/07/]0.000! 6
PA TRIC2A E MCRINNCI 916 11.02 OVERPAY
L it
11366100000 98/07/30.0011 FLYING TOMATO W HICKORY It 11.33 OVERPAY
107327000/0 96/08103.0013 THIS SUDS FOR You AV[ CY t 73.41 00OVERPAY
ISMS 00000 00/ov 3•OO30 IIAC"NSS`t►NONM410k Y0;P 1N0 DEMTGM ,}lAtitlN 1tT N 1:1, .O OVMNI,
63}70700000 •1)06/04.000E FRANkI-1N, LET,
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Apea~
Oats r.
AGENDA INFORMATION SHEET
AGENDA DATE: October 19, 1999 Questions concerning this
acquisition may be directed
DEPARTMENT: Purchasing to krry Clark 349-8390
ACM: Kathy DuBose, Fiscal and Municipal Services
SUBJECT:
AN ORDINANCE ACCEPTIN17 COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF A LRAiNAGE PIPE; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR: AND PF OViDING AN EFFECTIVE DATE (BID 2415 - DRAINAGE
PIPE AWARDED TO HUGHE:; SUPPLY IN THE AMOUNT OF $37,847.50).
BACKGROUND:
(See attached Tabulation Sheet)
RECOMMENDATION:
We recommend this bid be awarded to the lowest bidder, Hughes Supply, in the amount of
$37,847.50.
ESTIMATED SCHEDULE OF PROJECT:
This pipe is available from manufacturers stock and will be delivered in five to seven days a3er
receipt an order.
FISCAL INFO A.TIONo
This purpose will be funded from Street Bond funds (459-020-STRT-9747.9108 and 616-096-
RB98-D90.9105), ff
DID INFORMATION: I
This bid is for the purchase of 2,440 feet of 18" - 36" high-density polyethylene (HDPE) storm
drain pipe. This pipe will be used by the Street Department on new construction of Nottingham
Street and the Ruddell Bridge.
Respectfully submitted: #
Tom Shaw, C.P.M., 349.7100 i
Purchasing Agent r r
Attachment 1: Tabulation Sheet
1281 AGENDA
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ATTACHMENT1
k
TABULATION SHEET
BID 24 Date: 123199
Drainage Pipe
o Qty. I DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR
Y f
Hughes
Su ADS I(emoo US Fiker Utility Plus
PPIY
1 920' HOPE PIPE 36" $18.60 $20.00 $19.20 $19.42 $19.21
2 1180' HDPE PIPE 30" $15.35 $17.00 $15.89 $16.07 $15.89
3 140' HOPE PIPE 24" $0.50 $10.25 $9.74 $9.84 $9.99
4 200' 11DPE PIPE 18" $8.20 0,60 $8.32 $6.39 $6.45
1 ea HDPE 30% BEND 24" $92.50 $95.00 $88.32 $87.24 $89.13
5 COUPLER
1 ea HDPE 45% COUPLER BEND 18"
6 $52.00 $58.00 $48.32 $46.81 $48.89
$37,847.60 $41,368.00 $39,174.44 $39,618.65 $39,250.02
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF A DRAINAGE PIPE; PROVIDING FOR THE E.'VENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2415 - DRAINAGE PIPE
AWARDED TO HUGHES SUPPLY IN THE AMOUNT OF $37,847.50).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; wid
V17IEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lov,est responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown In the "Bid Proposals" on file in the office of the City
Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such
items:
BID ITEM
NUMBER 1I.Q VENDOR AMOUN7
2415 ALL HUGHES SUPPLY $37,847.50
Sfg-TLQI`W. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quandties and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION lIL That should the City and persons submitting approved and accepted items
and of the submitted bids wish to enter Into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained In the Bid Proposal and related documents herein approved and accepted.
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SECTION IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of furxis therefor In the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION V. That this ordinance shall become effictive immediately upon its passage and
approval.
PASSED AND APPROVED this day of , IW9.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: j
2415 SUPPLY. ORDINANCE
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Ap* IUM-.. ~73
AGENDA INFORMATION SHEET Date
AGENDA DATEt October 19, 1999 Questions concerning this
acquisition may be directed
DEPARTMENTS Purchasing to Diana Ortiz 349.8224
Max Blackburn 349-8317
ACM: Kathy DuBose, Fiscal and Municipal Services
SUWECTt
AN ORDINANCE ACCEPTING COMPETITIVE SEALED PROPOSALS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIAL, SUPPLIES OR SERVICES; PROVIDINQ FOR
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE
(RFSP 2406 - HEALTH INSURANCE AWARDED TO AETNA U.S. HEALTHCARE, U4 THE
ESTIMATED AMOUNT OF $3,522,6^,e VOLUNTARY EMPLOYEE PAID DENTAL INSURANCE
AWARDED TO HUMANA INC., AT NO COST TO THE CITY OF DENTON AND VOLUNTARY
EMPLOYEE PAID VISION INSURANCE AWARDED TO SUPERIOR VISION SERVICES AT NO
COST TO THE CITY OF DF,lTON).
BACKGROUND:
Over the past yeah, the City has offered health insurance to employees as pan of their benefit package.
Our current contract expires 12/31/99 with Harris Methodist Health Plan at a current HMO employee
only monthly premium rate of $211.77. With Council approval, a new contract will be awarded to Aetna
as the lowest and best proposal, with an HMO employee only monthly premium rate cf $237.18 (about a
12% increase). This contract will become effective on January 1, 2000.
For the last two yeah, the City has offered a voluntary (no City contribution) dental and vision Insurance
program for our employees a pact of their benefits package. The current dental and vision contract expires
12131199. A renewal contract will be awarded to our current carriers, Humana, Inc. (dental insurance) and
Superior Vision Services (vision insurance) with the lowest quota The contracts will become effective on
January 1, 2000. Doth contracts have a 2-year rate guarantee.
Below is a summarization of the steps in the overall bid solicitation process, which began in the third
quarterof1998:
\ 1) Discussion with William Mercer and Fmployee Insurance Committee (EIC) to establish
1 timeframes and overall objectives for the health plan.
2) Survey the City employees conducted by the EIC members to obtain input from
employees on their needs and preferences. The survey results indicated that most
employees desired that the City contribute to the cost of the dental and vision premium(s)
and over half of the responses stated that they would like to see the city continue under Its
current plan design and structure with no desire to pay additional costs by doing away
with the formulary.
3) Several meetings of the Healthcare 2000 subcommittee of the EIC to review various
options for the plans and gain Input regarding the structure and design for the plans. The '
EIC recommended that the City obtain bids for HMO and Point of Service (POS) plans
with pricing options for ]Tier (open), closed formulary, and no formulary, It was also
recommended that the City consider premium contribution for employees only for the
dental and vision Insurance plans.
4) Two presentations to the Management Team to obtaln approval before the release of the
bid specifications.
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AGENDA INFORMATION SHEET
OCTOBER l9, 1999
PAGE 2 OF 4
BACKGROUND (CONTINVEft
S) Release of bid specifications on March 8, for health, dental and vision insurance plans to
be implemented January I, 2000, Because of the state bidding laws, the City was unable
to use a Request for Sealed Proposal (RFSP) due to our City having a population less that
100,000.
6) Opening of sealed bids on April 29, 1999.
7) Due to concerns about PacifiCare and a law change which allows cities with a population j
of more that 75,000 to use a Request for Sealed Proposal (RFSP), earlier health
insurance bids were rejected and the RFSP was sent out on August 13, 1999, Proposals
were submitted for HMO, POS, and PPO's.
8) Opening of sealed proposals on September 9, 1999.
The evaluation of the bids and determination of the lowest and best proposal was based on the following
criteria and weighted factors:
Premiums (or total cost for self-funded) 30%
Number/Quantity of Denton Physicians in Network 20%
Plan Design 20%
Location of Providers 15Ye I
References from client 5%
Self-funded PPO. ReliaStar offered the best overall proposal at the lowest cost. The RttiaSiar network
includes both hospitals and a network of Denton physicians, which would result in the least amount of
disruption for City employees. 'The other self funded proposals quoted higher fixed costs and estimates of
annual claims cost (see exhibit t). Total costs for ReliaStr's self-funded PPO are estimated to be
$3,947,758 per year.
Fully. insuranced Plan. The lowest and best proposal for a fully insured HMO and Point-of-Service (POS)
plan was submitted by Aetna. Ile Aetna plan includes both hospitals and a visible match with the
existing carriers' network. Disruption for employees and dependent In the selection of a primary care
physician will be within expectations (see exhibit 2). The estimated total cost for the Aetna HMO/POS
plan is $3,522,608 per year (see exhibit 3).
Exhibit 4 portrays an estimate of health cost had the City been self-funded between June, 1997 and May,
1999 using actual claims, cost, stop-loss insurance and standard edministrstive fees, Over the time frame,
a saving to the taxpayers was approximately 51,345,343. Also depicted on the same exhibit is a
comparison of future cost and savings between ReliaStar (lowest self-funded PPO proposal) and Aetna
(lowest fully Insured plan). Estimated cost differential over three years is approximately S946,060.
While these are some advantages to particlpming in a self-funded program, the additional cost and risk
involved outweighs those advantages. In addition to the actual cost, administration of a self-funded plan 1
will require an additional staff member to coordinate fund transfers, administer COBRA and monitor plan
utilization.
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AGENDA INFORMATION SHEET
OCTOBER 19, 1949
PAGE 3 OF 4
A K •ROUND (CONTINUED):
Employee Insurance Committee (EIC). The EIC met on September 22, 1999 to receive Information on
proposals in response to the RFP. After a lengthily discussion about the differences between a fully-
insured HMO and PPO's plan and a self-funded PPO plan, the EIC voted unanimously to recommend to
management that the City award the health contract to Aetna. Their second choice was to award a contract
to United Healthcare choice for their fully insured HMO/POS plan. EEC members expressed their
concerns about the "out-of-pocket" expense to employees of the self-funded PPO option because of
higher monthly premium costs for families plus the yearly deductible amounts. Low Marled employees
may be unable to afford to participate in the City's health plan.
RECOMMENDATIONt
That the City Council authorize the City Manager to select Option One (1) and award RFSP 2406 for
Group Medical Insurance, to Aetns, dental Insurance to Humana, Inc. (voluntary, no city contribution f
basis), and vision insurance to Super Vision Services (voluntary, no city contribution basis). 1
Also, that the City Manager be authorized to renew contracts for up to an additional two (2) years so long
as all contract obligations arc satisfied and rates and services remain favorable to the City. I
ESTIMATED SCHEDULE OF PRQRCTt
The health contract authorizes renewing with Aetna for an additional plan year (January 1, 2M1 through
December 31, 2001), with conditional renewals at 10% for HMO and 0% for POS for the next year.
Humana, Inc. and Superior Vision Services both provide a two-year rate guarantee with an option to
renew the third usumIng rates and service remain favorable to the City.
FISCAL INFORMATION:
The estimated annual cost for Aetna is $3,522,608. The City's one-year Insurance contribution for HMO
employee only is estimated to be $2,695,314, which is withl(: the budget amount approved by FY 1999-
2000.
RFSP INFORMATIONt
Aetns Is the lowest and best proposal for health Insurance per exhibit J.
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EXHIBITS
Exhibit 1 - self-funded bid dab,
Exhibit 2 - fully insured bid rata
Exhibit 3 - lowest and best proposal bid data
Exhibit 4 - medical plan cost analysis
Respectfully submitted:
LA
z
Treasury Director
Prepared by:
-YM Blabkburn tXbtA-~,
Risk Manager
Reviewed byi
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Tom Shaw, C.P.M.
Purchasing Agent
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City of Deacon
Evaluation of Proposed Cods
Self-Forded Propwk
Mercer Cialnu Mercer Claims CHP Claims RelieSt~sr Claims
g~yel CARIB
S~ 3g AdS45~,2i? ~~3,345atddt,toiu 237 $3,425,263 530622,813
Fixed Estimated
F Claims .454 5464,654 S4nigi
Costs x
Fixed
Total Annual Costs X4,0090911 $3,947,758 $3,S89,918 S4,02S,3
rg-1-mated Rate
Ee $271.65 $267.44 $263.52 $272.69
Ee 4 Spouse 5421.09 S414.57 5408.49 5422.10
Ee 4 Child(ren) $364.04 $358.40 $353.15 $3366'543
law U52.01 _
1 _ lamiiy
$4,009,960 $31947,814 539889,949 S4,025;3T~
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City of enm
Health Piro Di Analysis j
MnNaa Total
PCP Narn4 HMO P01 mw4m CNP Wasw UAW 141"
VANS 151 0 IS9 169 16! 158
6 UCKER 110 a 110 11 119 110
HOLT 107 7 114 114 114 _ 114 114 j
ECKEL 112 1 113 112 113 113 1
0000 107 2 01 709 10 0
:ANKE 4 4 56 Be Be so
1tA..EN d' ' e3
Ht:1sTON to 66 B1 5e 55
BCHUr N,Jao
85 Be
LOPE? 62 at 83 62
NOP:11 ae a 75 6
AYLOR 10 1 e1 1 e1 51
CROISS 11 atha• i a
MCOUIR , an 71 4 7b 75 5
MAC 4Ma
2 1 2 1 72 72
SCOTT 52 4 69 59 96 9 16
00 0 9$ 05 bb
K02URA ee 66 55 56 6
56 64 00 00
E 0 00E J 41 49 49 44
MCILI EY, KIM 0 44 M 14 44
GO" 12 43 17 42 43 63
HAAAis, mna 2 42 2 42 42
5HA 21 as as 26 2
U RR 2V 20 to 20
U6 16 1 e 11 19 11
MAMMA
4 2 10 10 10
H2OAY 1 16 16 16 16 to
Y
TArts
14 it 10 1 10
10 15 11 15 15 19 ,
MOOR! 7 14 14 14 14 1
WAHLART 11 11 11 11 N
AVA • V e •
I N 1
KANAD
DHAL AL 1
MCLC Y 0 5
LLEMA 2 2 2
Oran1 TAW j.0
• ae • Ou 1, t,e 1, A 1,•p
71,21% 65.41% I .11% B
GNM12
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Fully Insured Proposals
WWSJMM Um HIM
HMO 211.50 i 289.07 403
237.18 $ 242.07 11 255.21 i 450.07 87
F+ Sp 376.24 $ 395.57 $ 420.82 i 388.84 181
E+CH ESP i $ 387 317'.82 84 i i 324.40 11 341.99 i 458383..81 83 i $ 480-2() 233
409.13 i 431.30 i
DFAM $ 400.83 i 904
Annual $3,341,644 $ 3,410,925 $ 3,595,888 $3,825,394 i 4,083,081
Pas ~ 344.4, 17
E+SP $ 200.48 417.88 S i 290.01 i 283.97 $ $ $33.78 8
EE $ 427.10 $ 440.15 $ 12
i
t; 361.o9---3eo.31 481.48
E+c
E+FAM $ 455.41 $ 601.71 i 479.90 -
$ 21,020 43
180,783 s 194.042 $ 190,485 $
Annual i 947
314,191
Plan Total :3,612,808 II 3,804,981 : 3,788,381 $30628,394 $ 4,
Bath OCH
Hospitals Both Both
Rate Guars 1+ 3 1+ l+
Ext0 3
7
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j City of Denton
Medical Plan Costs
2-Year
06197 - OSM 06!98 - OSl99 Total,
Actual Premiums Paid - JO&m S2,774,834 $3,056,862 15,831,696
ACttul Paid Claim) (minU tarp claims) $3,0810983 $3,236,031 $6,340,014
Es*UW TPA Pees $221,276 $7.47,932 6468,608
Esdramed'UMLoss Premium UALM 11g2j73 1362-417
Total Estimead Self-Funded Cost $1,484,303 $3,692,736 57,177,039
Diffcrcaoe (Ltn) 5709,469 S63S,874 $1,345,343
Estimated Proleetad ftdage 2000 2001 2002
r
Preieeted Relf.Fnnel..t_~~ - Aet~$f~t?1
Estimated Paid Claims $3,54S,257 $3,917,508 S4,328,847
Esdvwed TPi1 Fee! S213,82S 5236,276 5261,085
Estimated SOP Logic Premiums I188.676 S209AR7 X72
Total Estimated Self Funded Cost 53,947,758 $4,362,272 54,820,311
Aetna Premiums) - Closed Formulary $3,322,608 $3,892,481 $4,301,192
Aetna Savings $425,150 $469,791 $519,119
(1) Pr*cti= sre bawd 001,000 employees rod 2.210 total roasbm.l
Cote for bosh eptias inaum by 101% each yea, but neither is at hu11y p am ad.
(2) Projected ►elf f mded ease ON btuW on IM ett mt Heeds Medod'U t HuM NO (11MHP) plan dWv,
(3) the mvinas fat Aeon hove sa ban sdJtaud to feAW differena 11 plm dnlpt.
Eftbit 4
8 W24M
WOMEN
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i
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE SEALED PROPOSALS AND
AWARDING A CONTRACT FOR THE PURCHASE OF MATERIAL, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE (RFSP 2406 - HEALTH INSURANCE
AWARDED TO AETNA U.S. HEALTHCARE, IN THE ESTIMATED AMOUNT OF
$3,522,608 AND RFSP 2344 - VOLUNTARY EMPLOYEE PAID DENTAL,
INSURANCE AWARDED TO HUMANA INC., AT NO COST TO THE CITY OF
DENTON AND VOLUNTARY EMPLOYEE PAID VISION INSURANCE
AWARDED TO SUPERIOR VISION SERVICES AT NO COST TO THE CITY OF
DENrON),
WHEREAS, the City has solicited, received and evaluated competitive seal
proposals for the purchase of necessary materials, equipment, supplies or services in
accordance with the procedures of STATE law and City ordinances; and
\\TIEREAS, the City Manager or a designated employee has reviewed and
recommended that the herein described proposals are the lowest responsible proposals for
the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted
therefore; and
WHEREAS. the City Council has provided in the City Budget for the
appropriation of funds to be used for the purchase of the materials, equipment, supplies or
services approved and accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
II
SECTION L That the items in the following numbered request for proposals for I
materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the
office of the Purchasing Agent, arc hereby accepted and approved as being the lowest
responsible proposal for such items:
l RFSP ITEM
1 N t\ No¢ VENDOR APPROXIMATFAv OLWT i
2406 ALL Actna US, Healthcare $3,522,608
2344 3&4 Humana, Inc. Employee Funded
2344 5 Superior Vision Services Employee Funded
SECTION 1L That by the acceptance and approval of the above numbered items
of the submitted proposals, the City accepts the offer of the persons submitting the
proposals for such items and agrees to purchase the materials, equipment, supplies or
1 ,
scrvi:es in accordance with the terms, specifications, standards, quantities and for the
specified sums contained in the Proposal Invitations, Proposals, and related documents. ! t \
fi4
U-CIMA That should the City and person submitting
items end of the submitted proposals wish to enter into a formal written agreeme teasea
result ofdesignatedhe t acceptancerepresentative, approvalhere
is , and awarding of the proposals, the City Man his
.or
by authorized to execute the written contract; ;provi provided
that the written contract Is in accordance with the terms, conditions, specifications,
standards, quantities and specified sums contained in the proposal and related documents
herein approved and accepted.
SECTIONS That the City Manager is hereby authorized to execute the Letter
Agreement, attached hereto and made a part hereof for all purposes, and contract with
Aetna U.S. Healthcare for RFSP 2406, and contracts with Humana Inc, and Superior
Vision Services for RFSP 2344.
SECTN Z That by the acceptance and approval of the above numbered items
of the submitted proposals, the City Council hereby authorizes the expenditure of funds
therefor in the amount and in accordance with the approved proposals or pursuant to a
written contract made pursuant thereto as authorized herein,
SECTION VI. That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the
dayofI999,
t
JACK MILLER, MAYO---R
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
- - - - - - - - - - - - - - -
f31'APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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('ONTRACTUAL-ItFSpt/ib
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Aetna Health Plans Kellle Fleming
2777 Stemmons FAy. Account Elecutis'!
Suite 400 214.200.8936 1
Dallas, TX 75207 214-200-8959 fax
October 11. 1999
Ms. Christina Stott
liealdt Benefits Administrator
City of Denton. Texas
Municipal Building
115 E. McKinney
Demon. TX 76201
Dcar Chris:
on behalf of Aetna U,S. Healthcare I would like to thank you for the confidence you have placed
in our company by selecting us to be the recommended employee health plan vendor for the year
2000. We look forward to Joining you at the City Council Meeting on October 12. 1999 to
present the recommendation.
I ould like to confirm the agreed upon plan offering, rates, terms and conditions:
I, A point of enrollment program will be offered allowing employees to select between
Health Maintenance Organization (11A10) or Point-,)f•Service (POS) plan during open
enrollment annually,
The selected HNIO plan benefits and tales are attached as Exhibit A.
3. the selected POS plan benefits and rates are attached as Exhibit B.
1. The second year rate guarantee being offered to the City of Denton is attached as
F.xhibiiC.
5. 1 has c received the tentative enrollment schedule (Exhibit D) and will begin to assign i'
mpresentatives to cover meetings as soon as an official contract award is made.
Please sign hclo%% if you are in ogreement and the contract Is awarded to Aetna U.S. Healthcare
fur the plan %car beginning January 1.2000. Note that this letter does not contractually bind
either party but is simply a confirmation of understanding and intent on the pan of both Aetna
I S. I leahlicare and The City of Denton.
Al SI IC Authorized Representative City Of Denton Authorized
Representative
Sioccrel~.
XcIlic A. Fleming
Account Ekccutive
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Paps 4'
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A(,bHC preenefl per CITY OF DENTON Oet r 17, 1089;
Effective Dab 0110N2000 Renewal Dal. 01161/2001
Savft Area Texas • Dallas Quota I 5049114;
aaSgaRRa1e13a~~e1e~3rrpp nry'V Sa1v~+r
w4fteui@iuo~ylA;10
MH[ ODRO~m,t uep~
Routine am (N (JZeleDd
AaullWoo I~
ens , xper~nD I 1rnadauI
t~~rasapaon cco alaom as1, ae aey ~
Cbs~ia F6rmu}i f~~
S1.9a DaIf maa" peon eery)
Dodd Y:~(to
1
PCowNand Chlld(ra+) L117.82
~l - ~
2
FanulY _ f~00.E~,.1 Ams dewmoded by Uw ~lo In Diu a pr ry am. Na YAK vary for dAa seMn areas. Sanka a IS
i
fleas Condition
atuoon4 h~ ~yHyH ~ h~~'~en ~i~d~ ~~arws~f~ar 0lsuwmna0lsq"~tfh7Tu~T~rp"' - ~i
(IerOrtN mlmslfylphyNCelly hendloepped pna b t1N eeM d the eegnel gdaY ne►th sqe 25.
These montliy qucled re»s w Wad u d IM glfec4w DsM anC sppl'y tiny b tM benefit hrN and Dcnd4en9 • god &Wve
anti w sub}ad to jM temq and eondKans set foM In f r MAp s Group MasNr Ca+tran My gaipef n level or
t:onhtbns s ete0 aD0 W mey re0uke a cheege M rates. ReNS vrsre davdoped wn9 Ndarmaapn wMah b bleed ft
group oauw. A11S11C reesrvN tide eight b noddythh reN should duq~oup eensw M Mretctrsne Dr M scDeal
PI A
time mom dfRen mstsnally Dom the group census. Thh propeW h eugect b Gunge at any tlnN prior b Va
Me *Ptw"
DyAUSHCd+`e+giWeyeoffar. 'Employer Auth"awfl OaH
CC: FLEMING.KFLUE i
STOKES.GAVIN
For oMU uN tinyy
Nips -0D' ' "--OuoN I~"Sg40141-- -
RiRc Lodi we R RA
L Sw °roe_ AH2HG„ _ UslonwlD 1pd~312 Pp10 1J!7Hq
~a {,M ~ a r. rr
~Mi{/I IMOMf,{r{n11~1071lM ~W1h tiMMd6dHWiDw Md{pV~rKhlN+aaN
5-S d 94111d Hl'b3i W131 WdM:E0 66, bT 100
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Fogs, 2,
AUSHCProoossifor CITY of DIdNTON Qdo 13,, %999;
Ertaetw ovA 01101 2000 Renewal Date 01101;2001
Service Area Teau - DMWa Quote I 6049144
Class Rawq Fsctar WorWhw
101gNN£Mt,1a6 Summary
SrnCle PadChAd Couple Fat
lit Mate mew MaN
<25.29 30 254 29 1 254 29 8 2 429 , 12
30.34 46
33 • 39 39 5.39 34 36.39 2 -30 ' 33
40.44 27 40.44 22 40.44 7 .44
5.49 32 45.49 26 45.40 a .49 40
436 50-114
53 SO 2' 50-64 12
66.59 14 50:54
50.64 7 60.64 1 8800.-59 64 '7 e . -64 64 26
65+ 1 864 1 $50 2 6 + 2
Male Sublolal: 246 Male Subtotal: 131 Mete SubMak 63 Mall ublotal: 16Y
Female Fema-c 2 le Female <24 0 < 24 1 Femc 4 1
25-29 26 25429 3 26.29 3 2 .29 2
30.34 19 30.34 14 30.34 2
35.30 27 35 - 39 12 35.30 0 3 •3399 6
40.44 21 40.44 14 40.44 1
45.40 18 45.49 a 46 - 49 4 4 -44 p 10
60.54 13 50.54 3 50.64 4
35.69 0 55.59 1 55.59 3 . by . I
60 - 64 9 60.64 0 60.64 0
65+ 1 0 ab+ 0 0
Female SubtoW: 146 FemiU Subtotal: as Founts Subwal: 11 F Subtolet 40
Smgle Subloul: 391 PartCtuld Subtotal: 166 Couple Subtotal: 61 Fam4y 429
Onnd T 617
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6,9'd 9Wd H1313t WAU W&V,.t`0 66. 01 17~0
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CM OF DEMON
Texas -Dallas
1011sw ft
I PRLWARY CARE PHYSICIAN IIIS17S
.
Ofllce Hours $20 copay
Afler Hours I Home Visits $25 copay
SPEC14LFYCARE
Offrce Visits $25 copay
Diagnostic Outpatient Testing $25 copay
3 Phys.Oce,Speech Therapy $25 copay
SPU SURGERY S 100 copay
HOSPITALIZATION $240 copaylA
£.HERGENCY ROOH (ropey waived (fact ldmn $50 copay
NATERA'ITY
First OB Visit $25 copay
j Hospital 5240 copaylA
44I£11'TAL HEALTH
Inpatient MH: S240 copay, 30d
SM1: $240 copayy, 45d
Outpatient MH: $2S copsyN, 20v
SMI: S25 copsyN. 60v
SUBSTANCE ABUSE
Detoxification $240 copay/A
Inpatient Rehabilitation $240oo a /A
Outpatient Rehabilitation $25 eopiyN
PREVENTIVE CARE
Routine Eye Exam (per benefit schedule) $25 copay
Routine GYN Exam $25 copay
PRESCRIPTIONLEA'SRE1,1ldURSEMENT $200 every 24 months
PRESCRIPTIONS $ ID/S20 GB, 30 Day
Contraceptives Covered
31.90 Day Supply (MOD only) $20140 G(B copay'
Mandatary Generks Applies j
Closed Formulary
EI
DURABLE,NEDICAL EQUTAVENT No copay
SPEECH A BEARLVG copay based on med plan
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All nunemcracnc> fpcc;slty and hospital Knices require a writtce ttkrrw 6vm the pdmvy care pnysktaSec Ca: ":ru o(Cowild lPot cumpickfiu of terms, benNiu rid ecctusiom. Fencfu
in pm-Wed by AMA Us, FlWtkmo
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Plan Design & Benefits HMO- l j
Aetna U.S. Healthcare
Texas
Flexed Patriot XV Plan
Plan Features In Network (Referred Cars)
Primary Care Physician Visits
Office Hours S20 copay
After- Hours/Home $25 copay
Specialty Care
Otlice Visits S25 copay
Diagnostic OP Lab/X Ray Testing (at facility) $25 copay with PCP referral
Diagnostic OP Lab/X Ray Testing (at spec. office) Included in Specialist Office Visits copay for
visit with PCP referral.
Outpatient Therapy (speech, ph) s,occup) $25 copay
Outpatient Dialysis/Chemotherapy $25 copay
Allergy Testing/Treatment S25 copay for testing.
S20 copay for routine injections at PCP office -
with or without physician encounter.
No serum copay,
Preventive Care
Routine Physicals $20 copay
Routine Child and Well Baby Care; $20 copay
Immunizations
Routine GYN Care S25 copay. One routine GYN visit and pap
smear/365 days. Direct access to participating
providers.
Routine Mammography $25 copay. One annual mammogram for
females age 35 and over,
Routine Eye Exam S25 copay, Direct access to participating
provider; schedule applies.
Hearing Exam S20 copay. Routine hearing screerings.
Hearing Aids Not covered
Emergency Care $50 copay
L'rgent Care Out-of- Area S50 copay
Aetna U.S. Healthcare
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Plan Design fi Benefits HNIO-2
Aetna U.S. Healthcare
Texas
Flexed Patriot XV Plan
Plan Features In Network (Referred Care)
Ambulance No copay
Outpatient Surgery 5100 copay
Hospitalization $240 copay
Skilled Sursing Facility Care (in lieu of $240 copay
hospitalization for medically necessary covered
benefits)
Maternih
OB Visits $23 copay for initial visit only
Hospital (Includes Newborn Services) $240 copay
Home Health Care/Hospice-Outpatient No copay
Private Duty or Special Duty Nursing Not covered unless pre-authorized by HNIO; no
copay when covered.
Hospice • Inpatient $240 copay
Family Planning/Reproductive Services Covered with applicable specialist, outpatient
Sterilization Procedures surgery or inpatient hospital copay if applicable;
Reversal of voluntary sterilization including
related follow-up care and treatment of
complications of such procedures is not covered.
Mental Health
Inpatient - Serious Mental Illness $240 copay; 45 days per calendar year.
Outpatient - Serious Mental Illness $25 copay; 60 visits per calendar year.
Inpatient - non-Sh11 S240 copay; 30 days per calendar year.
Outpatient - non-SMI S25 copay; 20 visits per calendar year.
Substance Abuse Detoxification
Inpatient Detoxification $240 copay
Outpatient Detoxification $25 copay
Substance Abuse Rehabilitation
Inpatient Rehabilitation 5240 copay; 3 episodes combined IP and OP.
Outpatient Rehabilitation $25 copay; 3 episodes combined IP and OP.
Aetna U,S. Healthcare
G
U
Plan Design Benefits Hid O-3
11111 1
Aetna U.S. Healthcare
Texas
f
Flexed Patriot XV Plan
Plan Featured In Network (Referred Care)
Diabetic Supplies RX copay; otherwise $20 copay
Prescriptions 510/20 (Closed Formulary)
Durable Medical Equipment $0 copay
Lens Reimbursement S200 for 24 months
Emergency Care Guidelines-
Aetna U•S. Healthcare follows the "Prudent Layperson" emergency room policy set forth in the Balanced
Budget Act of 1997 for all HMO members. Under this Act, an emergency medical condition is "a medical
condition manifesting itself by acute symptoms of sufficieat severity (including severe pain) such that a prudent
layperson, vho possesses an average knowledge of health and medicine, could reasonably expect the absence of
immediate medical attention to result in (i) placing the health of the individual (or, with respect to a pregnant
woman, 6c health of the woman and her unborn child) in serious jeopardy, (ii) serious impairment to bodily
functions, or (iii) serious dysfunction of any bodily organ or part."
Urgent Ctre Out-of Area Guidelines:
Aetna U.S. Healthcare follows the Balanced Budget Act of 1997 definition of covered, immediately required
out-of-service area services. Specifically, Aetna U.S. Healthcare covets urgent services outside of the membef s
home service area if the services are "medically necessary and immediately required because of unforeseen
illness. injury, or condition, and it was not reasonable given the circumstances to obtain the services
through" the members home service area . Examples of urgent care needs include:
Respiratory or flu like symptoms with high fever
• Earache
• Severe sore throat
Severe abdominal cramps, vomiting or diarrhea
Urgent care may be obtained from private practice physician, a walk in clinic, an urgicenter or an emergency
facility, Follow up care must be coordinated through the member's primary care physician.
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AUSHC Pmmu Fer CITY OF OENTON Od 14,1099
ERedlva Dale 01101/2000 Rernwd Oats 01101/$001
Service "a Tax" ~ Was Clu0t0 MS2854
eT- ertad A =M5. GI1MD0VIy:~ i pNOn.gahnad, pl~~y~ .y...»
• Si" c~IpaY11001t1ttl-..
~gmpSpaaee C~~ajjppccypplA.' 11240 Coutauman C: ITarwpt 1 '0 1 p&aH . Ey~:1 1 0 j" v'. am U= low mm
@=64 h C owY 1a1 fF miwiry
I I~ eopeyl M00 only)
i OME KOm CON t 1
80Ili.
b; 9 C1 id(ran)--'S~381e~0
Couple 5411.E1!
Fe _ 5455.41
aTa O/rmr~ib ey Ni loop W n of Sia sa 89 SOadli00 O M=m w o v" ror oew Savla Onaa. Suv~w a is
ori+wr cr
AI{ufaSaad'Npna_
~`un~~nTin't MA 't!i n 131NC 3~f'RiTfii'tu~lil"19&TuTGmi"'
OlLdelila b Ih0 WO Of onth n ~ehlrrN 25. Covrape nla r rtdllue for Wq
Deoonte "'I"10YSle1111Y Mndlupped prim to are MQ of IM mono{ Oay roach ape 2S
These momhly WWed males am vakd al of Inc Eeoe" Dama and apply 0* 0 IM OOneal feud rrd 00 loons 14 a00w1
and am a bled to pro temu am oa.d'itlane W faM in du Hk1C0 Group Muter Cwftd &W/W fM Corporate ~
k"WWce Poho/. Any ftnpef in be"& Iavd or eo 4&m eglad abm My rWin a In raroa. tales ro
d101OW Wing lnfermO om which ,ti Dosed on ft group Oenwa. AUSHC raostm the rtphl to k1m *ia rtta the
group craw: be inaccurate of d 6dW pan r+ropnNnt ditm n+aMnMy from the group CIRML TNa proposal' sub led to
1=9 at any 9ma plow IQ pie acceptance try AUSHC W EmploWs oRer. !I;
Empleyof Authortladan Data t
CC: FLEMiNO, KElt1E (f
STONES, OAVIN
For office use Only
Vxo~i7EGp'0Ort00_ Ouofe'ID-%52W4'' -XReCbTF-7CROTTr11N7ETM
_ SeWOrat! AH2H0 ~.._..l;sve men l0 1203712 PPW __140255$..-`_._
Ar r
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6,2 d "Id HI-U34 WOU NdtO:E0 6G, V1 00
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iuFs[ CITYOFOENTON it,Ino
6Meatlw Date 01/OV2000
Serra Area 7.q, . oalrn ftr,.wal wta o,ro1n001
OJOW 0 5052!54
Class Ra! np Fa+,,ar Workshwt
Elp~blWEnrprte. Summary
Sinpta
Male Pr= Co~.
24 Mata r~ala Farm
25.29 S 25 29 2 424 1 ti
30 35 • 74 45 30.34 16 jp 2j a . t9 12 38 40.44 35.39 U 35.39 4 •34 . 35
45.49 27 40.44 5 40.44 2 •36 33
32 45.40 28 40.44 7 •44 36
4 ' 40 40
50-54 21 80.54 12
35.59 26
60.54 7 55• ~ 1 x'59 12 21
0.64 1 7 5 .39
6
65 . 6
llso -64
Male Subtotal: 245 Msl. Subtotal: 171 2
Male Subtotal: 63 Meta ubtatal: 119
Female
< 24 5 Female Female
25.29 ' 26 24 0 < 24 F
30.34 18 30 u 13 25.29 1 2 4 1
35.39 19 3 2 •29
.44 227 1 3S40-.39 12 35.32 2 :.9
4045.40 t 1 11 40.44 0 6
45-49 t
36.59 1p 50.54 3 50.3i ` 4 0 10
66 64 9 55•59 } 55.59 3 5 6
C 60 -64 0 t 1 65+ Female Subtcr:t: 146 femNa Subtotal: 56 6 .44 0
S,npla Subtotal. 301 Pr/Chm Subtotal: 156 C Fla ola Sty otal; 81 Fem,Fty OtW: t 22408
Oraad 7 C la7
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6 E'd 9,011d Hi*"IH WOO Wd10:EO 66,. Ot 1?0
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ALTNA U.S. HEALTHCARE Oi NORTH TEXAS WC+ QUALITY POINT-OF•SEAVIC PAOGAAM i
ILEX HMO I Ltban Ftet Max
CITY OF DENTON
~ctdadcf _ _ ~ '
FJNANCL41
Deductible: SinglwTamily N/A fS00111,100 .
Coituumoce NIA 70%
Coinsurance Limit Siogle/FtmUy NIA 54,DMI,000
Lifetime Maximum Benefit N/A f 1,000,000 E
PRIMARY CARE PHYSICUN "JITS
0mce Hours $20 copay 70% aRa deductible
After HounIHOttleVisits $25 copy 70%afmt"Celle
SPECULTYCARE
01RceVWls $15copsy 70% shet deductible
i
Diagnostic Outpatient Testing sill c spay 70% after deducubk
Pbys,Occ,Spetch Tbenpy 52S copay 70% ofm deductible
SPV SURGERY S 100 copsy 70% after dedwtibie
HOSPITALIZATION $240c00y/A 70%,fterdeductible
SLILLEDNURSING FACILITY 1240copay/A 70%after, deducabk
£MERGENCYROOM (cepaywdvtf/famifftf) 350copay SSOcopay
HOME CARE Nocopay 10% after deductible
MATERNITY
First OB Visit $23 copay 70% after deductible
Hospital $240 copsy/A 70% atlet deQtxtible
MENTAL REAL TIV
I
Inpatient MR. $240 copay, 30d Not covered
paPalin SMI: 5240 copar, 45d 70%aller dedtcabk (SMI) I
SMI: H; S 2J cViy/V 20v SO%after dedxtible (MHI
M
opay/V.60v 70% Sfw deductible (SMI)
SUBSTANCE ASWE
Dem:tficatioo S240eopayfA 70% a flat deductible
lopladentRewilitatioo S240copav/A 70%shadedwidble
Outpatient Rambibtatio s $25 copsyhh// 70% after deductible
PREVENTIVE CARE i
Routine Eyyee Exam (per benefit schedule) $3$ copy Noe coveted
Routine Physica4 $20 e
outs al Kar"n $20 copay 100% Ole Q
R 6, age 60 001 a vered l
outiO, +mmnlraphy 125 ropily 70% Liter deductible
Routine GYNEaam $35ctgay 70%after dedxtibk
Pediatric Preventive Denxat Exam Not Covered Not eOmed
CHIROPRACTICCAR£ 70%After de"tibk,ft snawlfnax
PRESCRIPTIONS f 101$20 GM. 30 Day
Contmcepdves
31-90 Day Supply (MOD only) S2W40 G/B eepay
;Mandatory Generics Applies
Cloud formulary
DLIRASIEMEDICAL EQUIPMENT Nocopsy 70% after deducable
SPEECH A HEARING Copay based on mod ptan
• Member prtaendimnao rcduircd ofbenena pad will be lAumtWly Ndua4 ay=pya
M RltRVd)bYl~llLL'WM+gafnfNrytINWN11w ItM p+eHIN 01+r« all,t groNtauilp pnmvy rsGa p~ysK,atirar rates
I x90% w w,tdAtrw+lna 910 U1, Nn et llala Lux fns.
Ali bal bentet.va .hfi 11,111190% fifli at Cogamw anN Heald Inrwnr M.
AU ll n. utlvtlertl the RM114'JN Le pi0rrdtd W Xt07teCe ~IL lac eplMtDlf l1gN 7lMmenl ens Wy,ytl tOVAtW '6'r'd 91d-ld HI-N3H l013H sldt0:E0 66, >t 00
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Financiallnformation EXHIBIT C
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Aetna Health Plans
Multi-year Guarantee
Malti-year Premium Rate Guarantee
City of Denton
Aetna Inc. guarantees that at the end of the first policy period, for purposes of
scuing the second policy periods monthly per employee and d:pcndent unit rates.
the increase for the second policy period's rates will be no greater than:
I o for HMO
13516 for QPOS
Aetna Inc. reserves the right to review and possibly, modify, or terminate the
guarantee arrangement described above. for any or all sites and/or coverages under
consideration, if Aetna Inc, determines that any of the following occur during the
guarantee period, relative to the assumptions in place at the time this guarantee was
extended:
a. a change (plus or minus) in the number of enrolled members in excess of 101'0, J
by line of coverage, from that assumed at the time the guarantee is established,
b. a change in the demographic and/or geographic mix of the group from that
assumed at the time the guarantee is established which changes the expected per
capita claim costs by more than 4°io,
c. a change (plus or minus) in the size of the eligible population in excess of 200,"
d. change in the plan of benefttyservices offered which is initiated by the customer
or required because of legislation action,
e. failure of the customer to make required premium payments in accordance with
contract provisions.
f. enactment of legislation (either state or federal) which impacts the ability of
Aetna Inc, to contract for efficient, cost effective medical care.
g, all changes in the employee contribution strategy for any plan of benefits
offered must be agreed to by Aetna Inc. on each annual anniversary date.
K. a change in the tier rating structure for any plan of benefits offered,
i. account has an incurred loss ratio of greater than 82%, Incurred loss ratio will
be developed by dividing paid premiums by incurred claims. The definition for
incurred claims is as follows: "the total amount of Heahh Plans liability, with
respect to an experience period as determined by the Health Plan for sen ices
covered by this agreement." j
j. for POS, the preferred access of care does not equal or exceed 90% of care, as I
measured by claims incurred during the base year, r .
Aetna 11 ealth Plans 09/17/1999
t
Aetna U.S. Healthcare of North Tenn Ina.
P.O. Box 669440
Dallas, Texas 7S356.9,Io
214-20O0.8000 or toa•free 1400.992.7911
i
Texas State-Mandated Coverages
Dear Employer:
Texas law requires employers to decide whether they want to offer their employees
certain coverages. Employers must decide whether they want to accept or reject each
of the coverages listed below.
Please indicate below whether you accept or reject the following benefits for your Heal
Maintenance Organization (HMO) In-network benefits and execute by signature on pag
2 of this document.
1. In Vitro Fortilizatlon Benefits
Benefits for in vitro fertilization services.
If you decide to offer this benefit, additional premium will be required,
_Accept X Reject
2. Inpatient Mental Health Benefits
Benefits for mental and emotional Illness and disorders when confined in a hospital,
with corresponding akemative treatment facilNy benefits to the extent that such
benefits are not mandated as serious mental illness.
Inpatient benefits for medical, nursing, counseling or therapeutic services in an
inpatient, hospital or non-hospital residential facility Including a mental health
treatment facility, crisis stabilization unit, or res*nbW treatment center appropriatel
licensed by the Texas Department of Health or its equivalent. Coverage Is subject t a
maximum number of days. Copayments will not be less favorable than for hospital
coverage under your particuiar plan of benefits.
If you decide to offer this benefit, additional premium will be required.
_Accept X Reject i~
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Ma7lvq, L rge8ron ndkr nb991 iev 1-t
6, B'd 4k11d Hll13I UNAd WdEO:Ee 66. 01 IM
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7. Treatment of Speech and Hearing Impairments
Oiagnosto sorvkg9 rendered by a par kipating provider to find out If and to what
extent the membees ability to speak or hear is lost or impaired as a result of discs
Injury or birth defact.
Habilitative and rehabilitative services rendered by a participating provider to rest
speech or hearing 1099 or to correct a speech or hearing Impairment This does
Include charges made for speaking aids or training In IM us* of each ak19: The
services must be directed and monitored by a participating physician and re*m(s ust
be certffmd by health plan In advance.
If you reject this coverage, your plan wVI Wit nonsurgical coverage to any
r=hVans stated In the owtftate of coverage.
If you decide to offer this benefit, additional premium yvill be required.
`Accept X Reject
As Indicated above, the undersigned empbyer hereby agrees to accept or reject
abovo4isted coverages for their emptareas and fully understands the provisions of
These coverages.
Michael Jea
t (Name
Employer ignsture
City Manager
Tine
i Date j
Page 2 of 2
Pro di Us, Is rm"vm AIM44 *991 r" 02
6'6'4 "Id Hl-" MAU WdM f;l 66, 6t LX
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-i-AIBIT D k
CITY OF DENTON PROPOSED
1999 INSURANCE OPEN ENROLLMENT SCHEDULE
November 11 1:00 P.m. N. A. conference Row (601 1. Hickory)
2:30 p.m. 1. 2. Conference Room (601 X. Vickery)
November 2r 7:00 a.m. B.R. Conference Row 1601 1. Bickcryl
1.30 a.m. B.R. Conference lbw (601 Z. Biekory)
10:00 a.m. B.R. Conference prom (601 t. Biekory)
110C P.M. B.R. Conference Row (601 S. Rickory)
20-j P.M. I .R. Conference Room (601 1. Biekory)
X163 P.a. B.R. Conference Room (601 1. Rickory)
'iovember 3r 7:00 a.m. B.R. Conference Row 1601 1. Biekory)
1:30 a.m. B.R. Conference Room (601 Z. Biekory)
10:00 a.m. B.R. Conference Row (601 S. Rickory)
1100 P.M. B.R. Conference Raw (601 B. Rickory)
2130 P.M. B.R. Conference Row (601 1. Rickory)
November it 7:00 ■.m. B.R. Conference Row (601 6. Ilckery)
2230 a.m. I.R. Conference Row 1601 1. Bickery)
10:00 ■.m. M .N. Conference Room (601 Z. Biekory)
1:00 P.M. B.R. Conference Roes (601 B. Sickotyl
2130 p.m. B.R. Conference Room (601 R. Rickory)
November
COSRA 1100 P.M. B.R. Conference Ream 1601 1 Rickory)
R6TIPIts 3:00 P.M. M.N. Conference Row 1601 1. Bickery)
November 21 2:00 p,m. Central Fire Department (217 W. McKinney)
loveober P, 7.00 a.m. Police Training Room (601 2. Rickory)
2100 P.m. central Piro Department 1217 M. McUnnay) ,
3:30 P.M. Police Training Row (601 2. Bickery)
No'. ember 10: 2100 p.m. Central Fire Department (217 W. McKinney)
November 16: 1.00 ■.m. Slectric Production (1701A Spencer)
P:30 a.m. City Ball West Conference Won (221 W. Ile)
11:00 s,m. City Ball West Conference Row 4221 W. Slm)
2:00 p.m. City Fall West Conference Row (221 W. Sim)
November 171 7100 a.m. Ilactric Subs.1ciat. area (1701C Spencer)
12100 p.m. flectric Suba./Disk. arei (1701C Spencer)
2100 p.m. Water Production 417013 Spencer)
NOVembot 16: 9:00 a,m. Utilities Safety Training Row 4001 Texas)
10:30 A.M. Utilities Safety Training Row 4901 Tarns)
2:00 P.M. Laboratory (1100 S. Mayhilll
PL1611SE POST IN YOUR AREA
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~dW141 WR -
AGENDA INFORMATION SHEET r _ _ o
AGENDA DATE: October 19, 1999 Questions concerning this
acquisition may be directed
DEPARTMENT: Purchasing to Jim Coulter 349-7194
ACM: Kathy DuBose, Fiscal and Municipal Services
SVBSECTt
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES CONTRACT WITH HALFF ASSOCIATES FOR THE DESIGN
OF THE GRAVEYARD BRANCH INTERCEPTOR S£WERLINE AND RELATED
SERVICES AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PROFESSIONAL
SERVICES AGREEMENTS (PSA) 2419 - DESIGN OF THE GRAVEYARD BRANCH
INTERCEPTOR SEWERLINE AND RELATED SERVICES AWARDED TO HALFF
ASSOCIATES IN THE AMOUNT OF $293,440).
BACKGROUND:
The Graveyard Branch Interceptor Sewerline (See Exhibit l) will be approximately 1$,000 feet to
length and travel generally in a northeasterly direction beginning at Crawford Road, a; ng
Graveyard Branch of the Hickory Creek, and discharge into the Hickory Creek Intctcept lr at the
intersection of County Club Road and Hickory Creek Road. 11tis wastewater interceptor is a
major component of the City of Denton's Wastewater Collection System to serve the
southwestern part of the City and the CCN area.
The impetus to fast track the design and construction of the Graveyard Branch Interceptor
Seweriine is provided by the accelerating development in the Hwy 377 corridor. Recently, the
design and construction or this Interceptor was proposed by the Willow Lakes Development.
Based on this proposal, this Interceptor would have served the Willow Lakes Development and
1,600 homes in the City of Argyle and was proposed as a 15-itch line. The City of Denton has
cone to in agreement with the Willow Lakes Development and the City of Argyle to take over
the design and construction of this major interceptor with cost participation by the developer and
the City of Argyle, and to oversize the line to serve future growth in the corridor.
After this agreement was reached, the water department invited the following consulting firms to
submit proposals for design of the Interceptor line. The firms listed in alphabetical order were:
I. Halff Associates
2. Carter-Burgess
3. Chiang, Patle, Yerby & Associates, Inc,
4. Huitt-ZolIan, Inc.
RECOMMENDATIQliY
r
We recommend this contract be awarded to Halff Associates for Professional Services in the
amount of $293,440.
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AGENDA INFORMATION SHEET
OCTOBER 19,1999
PAGE 2 OF 2
FISCAL. INFORMATION:
Funds for this project are available from FY 2000 CIP Program.
PROFESSIONAL SERVICES AGREEMENT INFORMATIONt
PSA 2375 Is for Professional Services Agreement related to the Design of the Graveyard Branch
Interceptor Sewerline, HaIIT Associates will Implement the design phase, the development of
construction documents, assist in the bid process and oversee the actual construction. The
contract for architectural and engineering services will not exceed $293,440.
Respectfully submitted:
Tom Shaw, C.P.M., 349.7100
Purchasing Agent
Attachment 1: Exhibit 1
Attachment 2: Exhibit 11
Attachment3: Exhibit Ill
11BOACOMA
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ATTACHMENT 2
r Halff Associates .ALAS FAX
rA7I u+q'7►COpS
EGG11NM9 • ARCHft M 4 SCIENTISTS
KANNFBS • SURVEYORS
I
September 9, 1999
1008.99.0294
{
Mr. P.S. Arora, P.E.
City of Denton
901-A Texas Street
Dentoc., Texas 76201
Re: Graveyard Branch Sanitary Sewer
Dear Mr. Arora'
Halff Associates is pleased to submit this fee proposal and scope of work to provide
engineering services required for the design of Graveyard Branch Sanitary Sewer main.
The construction plans will be prepared In accordance with the City of Denton
requirements. Standard City details and plan notes will be used whenever applicable.
Technical Specifications will be prepared in scootdaooe with the City of Denton
requirements and NCTCOG Standard Specifications for Public Works Construction.
We have {Deluded Exhibit 'A' Scope of Services and Exhibit 13' Fee Summary. We bull .
you will find them acceptable. We look forward to working with you on this project.
Sins Youn,
HALFF ASS IATES, lNC.
rge 1, P.E.
ice 'dent
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TMhaM~1TAT1oN • tM.rpl Aa ld+M vent • aNVWO6041RAL • ltlrU Ak
M9owuk:c #CC 4 PC Pdtoft"rok a.mw
EXHIBIT I I
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EXHIBIT A
SCOPE OF SERVICES
Halff Associates, tne. (HaIM, is pleased to present the following Scope of Services for providing
survey and engineering services for the Graveyard Branch Sanitary Sewer for the City of Denton.
Below is an outline of the major tasks we anticipate for this project. Eaxh task is discussed in
detail in the pages that follow.
Task Nc. c ' ti
I0o Project Management
'.00 Alignment Study
300 Permits
400 Survey
Soo Design
600 Construction
Exclusions
TASK 100 • PROJECT MANAGENIE\T
Halff Associates will manage and control its professional services contract, to provide the most j
efficient completion of the project. Under this task we will; provide scope, schedule and cost
control services.
WORK EFFORT AND COORDINATION:
1. Conduct project kickoff meeting to eatabliah project gods and objectives, review the project
decision process, defog anticipated work products, identify information needed to perform
the wort, reflae the project scbedule and ed&L b points of contact and communication.
2. Produce schedule for the various stages of the project.
3. Attend mootbly coadi odoo meetiogs with City of Denton wet as required.
TASK 200 • ALIGNMENT STUDY (Speelel Senice) f
Halff Associates shall provide the Conceptual Design Analysis for the valuation of a maximum
of four (4) alternative sanitary sewer alignments based on combination of the Carter & Burgess
and City alipmew. The analysis will be summarized in a letter repo t submitted to the City of
Denton Project Management Team.
Coordinate the project with City staff and regulatory/resource agencies to provide early
identification of potential implementation obstacles and to develop & -working consensus" of the
final routing and projec t amenities. ! !
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Subtask 201: Data Collection
I Meet with City of Denton staff to review the design intent for the proposed alignment and
schedule for completing design and construction.
2. Review, as provided by Cityof Denton, available as-built, design and planning information
on existing and planned utilities, transportation facilities, developments, and other surface
and subsurface features within the area. Review existing aerial photographs of the proposed
alignment alternatives.
3. Review available survey, ownership, and topographic data collected to date, as provided by
the City of Denton.
4. Prepare a digital base map based on USGS Quadrangle sheets and available aerial
photogm hs.
Subtark 202 - Alternative Alignments
1. Develop alternative pipeline routes.
2. Tour the routes with City staff to identify special concerns and determine additional
investigative work that may be required.
3. Document pertinent data collected on base maps.
4 Conduct initial field surveys (spot elevations) to supplement base map. Vote, detail surve%s
for design shill be conducted dung design,
5. Identify properties affected and determine the size and number of easements required for the
pipeline routes investigated.
6. Meet with the City of Denton Engineering, Right-of-Way. and other departments to review
the preliminary alignment, and identify naeaaary djustatents.
7. Evaluate the alternative pipeline routes based on social, right-of-way availability,
constructability, anticipated cost, and env ronmeeW factors.
Subtaak 10! • Alignment Flnallia4m
I, Meet with City of Denton for a 1/2-day workshop to discuss and present alignment
evaluations and provide technical assistance to city staff in their selection of a preferred
alignment
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2. Attend and rudest tae City Stag with tip to two (2) ptrbiio metatinp Wduditsg presentations of
the preferred Wgnmeal to dv: Public UtUida goad, mod City Councll.
3. Document and provide the City of Damson the 6os1 proferred pipeline tshpiment
TASK 300 • PERMITS (Speelyd SwAw)
I
Conduct field investigation for the permitting requirements for the entire project aligrtment
Meet with the Corps of Engineers, TXDOT, and Railroad to identify specific requirements and to
defuse the application/review process for the permit(s), a required. Prepare the necessary
supporting documentation for the applicatiords). Assist City of Denton in discussions with the
permitting agencies, as required, for the construction of the pipeline protect. ,
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Subtask 301- Corps of Eadfneers:
I . Meet with the Corps of Engineers to identify specific requirements and to define the
tpplication/retiew process.
Coordinate with design staff to clarify pipeline route and define areas whereter the pipeline
may impact a sensitive area.
3. Conduct an Archeological Surveyof the proposed pipeline route. l
4. Prepare the necessary documentation for submittal of a Section 404 Nationwide Permit No 12
to the Corps of Engineers.
5. Develop a mitigation plan to offset the effects of construction of the proposed pipeline.
6. Attend coordination meeting with City Staff.
Subtask 302 - ff)wrauftc Study:
I. Identify locations of potential stream crossings (maximum S).
2. Obtain available HEC-2 hydraulic models of affected stromns.
3. Conduct field surveys to obtain hydraulic cross sections of affected streams.
4. Perform a flood plain hydraulic analysis of proposed aerial crossings (maximum S) to
determine design parameters and possible impact to adjacent property owners.
5. Attend coordination meeting with City Suff.
Subtask 303 - rsDOrand Railroad:
1. Meet with the TXDOT and the Railroad to idcndfy specific design requirements.
2. Provide City with design sheets related to each permit.
TASK 400 - SURVEY (Special Service)
Conduct the necessary field surveys for preparation of the alignment study, easements, design,
and construction of the project.
Subtmk 401- Survey CON&VI
1. Establish borizanW and vertical survey control (NAD83) utili~ing GAS technology.
2. Sec mm moeuanlofataim diaaiboW ak>og t1r °d piipolioe aaig rat
Saikark 402 - Dnlga Sarmp
I. Obtain pamiasion for access through private property
2. Caedtact topo raphk survey of a 100' wide corridor along the concept pipeline alignment.
Note, addition.! Geld surveys will likely be required during preliminary design at locations
wbero the final alipment maybe located beyond the 100' tauvey corridor.
3. Obtain nwAssary amt sections at proposed stream crouings.
4. Tie all ksawn affected properties and fence lira.
S. Survey railroad markers and newest structures (culverts, bridges, switches, etc.) as necessary
for railroad permits. A
6. Survey all known ! ! " `
parallel and crossing overhead and buried utility lira affecting the
proposed pipeline.
7. Develop derail survey bas" from field data.
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Sublask 403 - Easement Preporarion
I. Coordinate with City of Denton to identify requirements for easement identification and
procurement Cased on final alignment.
2. Identify required easements.
3. Provide necessary surveying to tie property bounrdariet for preparation of easement
documents.
4. Prepare easement documents including necessary exhibits and legal descriptions. Based on
revisions to Texas Board of Professional Land Surveying, Professional Land Surveying
Practices Act and Genersl Rules of Procedures and Practices, dated July 1449, two types of
easements can be prepares:
Type A: if the easement traverses across a tract of land, not adjacent to a
property line, dividing the parcel into two or more tracts field monumentation
or the easement comers is required.
Type B: If the easement is directly adjacent to the property line leaving no gaps
between the easement and the property line, field monumentation of the easement
comers is not required
5. Prepare right-of-way maps for entire project.
Subrask 404 - Construcrion Srakins
1. Establish i set of project horizonW and vertical control points approximately every 2000
feet along the alignment.
2. Provide 1 act of centerline "Cut Stakes" with offset, on 50 foot stations and at manholes.
3. Additional staking will be at the contractors expense.
TASK 500 - DESIGN
Develop specific designs feattarea of the pipeline including the pipeline plan and profile;
cassibWas, ~wsyr roWways aWty, said river e:ossinp; deprgwd sanitary aewen, aerial
crossings, W stream imn rovements.
Sukesk 501- PrdiMi'nary DesfSn:
1. Prepare preliminary plan end profile abso foe the tet*mmaded pipeline alignment. Plans
will be prepared at 1"s50' H, l"-S' V on 22" by 34" sheets.
2. Confirm pipe sizes based on availeblt grades, city provided flow rata and TNRCC
requirements.
3. Prepare preliminary plan foe stream improvements including erosion control and bank
stabilization as required,
4. Identify utilities to be protected and relocated f r
S. Prepare outline of construction specificadons.
6. Prepare estimate of construction quantities and develop preliminary estimate of probable
cost.
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7. Meet with City to discuss Ircliminary plans, specifications, and estimates
9. Distribute preliminary plau to local ntilitycomparics for review.
Subrask S02 - Georechnical Avestlgation:
I. Conduct subsurface explorations of the proposed pipeline route. Note, it is auumed soil
borings will be conducted as follow s. 9 borings to 30 feet depth, 10 borings to 30 feet depth,
10 borings to 15 feet depth, and I I borings to 10 depth.
2. Conduct necessary subsurface explorations at four (4) proposed stream crossings.
3. Prepare soil logs and conduct laboratory ana!yds to determine general soil and ground water
conditions.
4. Provide recommendations for foundation type, depth and allowable loading for aerial
crossing.
5. Prepare report of findings.
Subtask $03 - Pip at Deign;
I. Finalize preliminary plans by incorporating City, regulatory agencies, and utility companies
comments.
2. Prepare special details (i e. manholes, special utility crossings, aerial crossings, etc)
3. Prepare survey control data sheet.
4. Develop Traffic Control plan.
S. Finalize technical specifications.
6. Submit final construction plans and technical specification sections to the City for final
review.
7. Addreu City's final comments and prer,' to final Construction plans and technical
specifications to the City. Submittal of all plans ad specifications will be prepared on
Microstaion CARD (AuWC,ADD 14 compatible), and MS Word., raspecMi ly. DiOW files
and one ad of reproduabtes of the foul documents will be provided to City on CD ROM
and appropriate Media.
s
TASK 600 - Coastraedon
f0thYMateea tlo 3 -
Td the Orly Ob t m tbrotttgbod do bUft pbW 10 dIla W OrhlMW of '
tba oooatrtserjon docrameata and ewahsats bids.
1. Participate in one (1) prabid conference.
2. Respond to design-related inquiries from City and bidders to clarify the hiaent of the contrw
documents. Prepare and submit addenda to City In accordance with ewblished pmeedwes
and format.
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Subtosk 641 • Coestrucdan
Provide construction phase assistance to City of Denton including meeting attendance. h is
anticipated that the City of Denton %ill perform the construction management and inspection
services for the project.
I . Attend one pre-construction conference and one neighborhood meeting.
2. Respond to Request for Information/Clarification on technically complex issues ttlsted
duecdy to design.
3. participate in final inspection as required (one day maximum) at the completion of tht
project.
4. Prepare record drawing from information provided by the Program Manager. Provide
Program Manager with final record drawings on CD ROM.
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EXCLUSIONS F
The following exclusions arc not included with the "Scope of SmioW' for the design of the
Graveyard Branch Sanitary Sewer:
1. Reproduction of Contract Documents for bidding and construction. (To be provided by
the City)
2. Quality control and material testing services during construction (to be pro vided by the
City);
3. Landscape architecture and related details;
4. All surveying, not specifically identified within the "Scope of Services"
S. Filing fen, permit fees and tax on surveys;
6. Environmental evaluations, investigations, assessments, and impact statements, except as
related to 404 permitting;
7. Traffic eagineera,t report or studies;
S. Construction administration except as specifically identified within the "Scope of
Services;
9. Design for relocation, adjustment and'or demolition of existing improvements, or
infraswcture;
10. Paving design or details;
11. Preparation of Stormwater Pollution Prever;tion Plans;
12. Testing and laboratory analysis, construction observation and or quality control;
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EXHIBIT 8
FEE SUMMARY
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BASIC INOINtERING DRAW FOR
OPINION OF PROBABLE CONSTRUCTION COST: f 2.800.000
TSPE Curve A 0 $90%
Same Fee i 152.400
15% Fee Redwilort (CoAmr) S (24,350)
TOTAL BASIC OESION FEE S t3S,040
SPECIAL SF!i ACES
,,ASK 20' • ALKINMENT STUOY i t4,500
blee*WmreaemsD" S 2.000
TASK 3W • PERk41TS
8uoteak301.4%PermK S 12,000
Study 1 2.000
SubWk 302. Mydreulle Study f IS=
TAS9 400 • SURVEY
Suotesk 202,4 Supplemental Survey $ 5,000
Sutuask 401 • Survey Control (OPS Monumenlation) S 6,000
Subtaek 402 Oea10m Survey S 32,000
Subbak 403.10 Eim1., Type A.($1200 u ! S 12,000
- 10 Eamt, Type ti(S960ee) S 9,000
Submk 404 • Conetruedon Stelrhp S 12,000 ~
TASK 500.OE3"
Subleelt 602.04 A' mi - ' 0 S _ 22 00
TOTAL L faRVICIS 147.500
CONSTRUCTION SERVICES ,
TASK 500 • CONSTRUCTION
Subleek 501 • Bidding f 2.600
Submit 102 . CaobVdm 9300
TOTAL FEE S 203,410
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PROJ TITLE: (G) GR.A%EVARD BRANCH INTERCEPTOR
ESTINITEDCOSTt 531109 (s10A1 GROLPASSIGWIENT: 4
DESCRIPTION: Wtosloe of the N auewater Callectloe slstem along Hlshway 371 growth
corridor. Rouse of the wuteroter line will follow the Grasqud Broad
dralasp basis
PL RPOSEt To provide wastewater Mloctloe services to areas of rapid growth h the
soothers Pori of Dutea's ETJ.
i EN(I. SISLF SCES C'1SIIE%PENDITLAES
B0\D REV sK' OTHER TOTAL BOND REV 41C OTHER TOT 1L
•OTAL IST 1 R $3109 so So $6 lit" S31N so s0 s0 sit"
.OTAL 7ND h R so N s• fe SO So so s0 $4 so
TOT %L JRD %R $0 10 SO so SO S0 s0 s0 so s0
GRA.NDTOTAL $3109 SO st so Ul" 131" fo W so Ut"
ENCLMBERANCE DATES: Eacambered as spear
PHASE DATE AMOUNT OBJECT
Eaweeats I09 s 70
t4merlell DWp IM S 737
Tee/eeAae !NI f 79 j
Cuaalsssedee sm 13.9113
M'sc*Banaes
E.HCL Ml ERANCE TOTAL $ 3,1 N
COMMENTS:
Vim ml
I
16 EXHIBIT Ill
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ITEM 13
ORDINANCE NO.
i
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HALFF
ASSOCIATES, INC,, FOR SURVEY AND ENGINEERING SERVICES PERTAINING TO
THE LOCATION AND DESIGN OF THE GRAVEYARD BRANCH INTERCEPTOR
SANITARY SEWER MAIN; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems it in the public Interest to engage Helff Associates,
Inc., it Corporation ("Halrf), to provide professional survey and engineering services to the City
pertaining to the location and design of the Graveyard Branch Interceptor Sanitary Sewer Main,
in preparation for the construction of the Graveyard Interceptor; which wastewater Interceptor is
approximately 18,000 feet In length, and is a major component of the City's wastewater
collection system, serving the Southwestern part of the City; and
WHEREAS, the City staff has reported to the City Council that there Is a substantial need
for the above-described professional engineering services, and that limited City staff cannot
adequately perform the services and tasks with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Govemment 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
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price;
and
I
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used rot the purchase of the professional engineering services, as set forth In the
Professional Services Agreement; NOW, THEREFORE, i
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l: That the City Manager is hereby authorized to execute a Professional
Services Agreement with Halff Assoclales, Inc„ for professional survey and engineering services
pertaining to the location and design of the Graveyard Branch Interceptor sanitary sewer main; In
substantially the form of the Professional Services Agreement attached hereto and Incorporated
herewith by reverence.
SECTION II: That the award of this Agreement by the City Is on the bads of the
demonstrated competence, knowledge, and qualifications of HAW arvi the ability of Halff to a.
perform the services needed by the City for a fair and reasonable price.
SECTION 111: That the expenditure of funds as provided in the attached Professional
Services Agreement is hereby authorized.
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SECTION IV, That this ordinance shall become efrective immediately upon its passage
and approval
PASSED AND APPROVED this the day of , 1994.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WAITERS, CITY SECRETARY
By: _
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By: W--4AQJ
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r / S.~OurUaumensWidinrncel9pNldrtAnal,laPSAOrd•OnvryudBrwKh6oe
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT FOR SURVEY AND ENGINEERING SERVICES
PERTAININGTO THE LOCATION AND DESIGN OF THE GRAVEYARDBRANCH
INTERCEPTOR SANITARY SEWER MAIN FOR THE CITY OF DENTON, TEXAS
THIS AGRILESIENT 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 Street, Denton, Texas 76201
(hereafter "OWNER") and Halff Associates, Inc., a Texas Corporation, with its offices at 8616
Northwest Plaza Drive, Dallas, Texas 75225 (hereafter "CONSULTANT'); the parties acting
f erein, by and through their duly-authorized representatives and officers.
WITNESSETH, (hat in consideration of the covenants and agreements herein rontained, the
parties hereto do mutually AGREE as follows:
ARTICLEI
EMPLOYMENTOF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent contrac 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 Stale of Texas. The professional services set forth
herein are in connection with the following described project (the "Project'):
Professional surveyand engineering servicespertaining to the locationand design of the Graveyard
j
Branch Interceptor Sanitary Sewer Mein, in Denton, Denton County, Texas, f
ARTICLE 11
SCOPEOF SERVICES
'The CONSULTANT shall perform the following basic services in a professional manner:
A. To perform those services as set forth in the Scope of Services which is attached to letter of
September 9, 1999 from Oeorge Prall, P. E., Vice-President of CONSULTANT to P.S.
Arora, P. E., Engineering Administrator of OWNER, which Scope of Services consists of a
seven (7) page document marked as Exhibit "A", which Exhibit Is Incorporated by reference
herein.
B. If there N any conflict between the terms of this Agreement and the two (2) Exhibits attached I
to this Agreement, the terms and conditions of this Agreement shall control over the terms
and conditions of the Attachments.
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ARTICLE III
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 shal I 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. OWNER and CONSULTANT have agreed that all items listed
on page seven (7) of the Scope of Services, attached hereto as Exhibit "A" shall be excluded from
the basic services pertaining to the design of the Graveyard Branch Sanitary Sewer Main.
ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon execution by the OWNER and the
CONSULTANTand upon the issuance 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. CONSULTANT shall make all reasonable efforts to complete the
services set forth herein as expeditiously as possible and to meet the schedule reasonably
establishedby the OWNER, acting through its AssistantCity Managerof Utilities, or his designee,
ARTICLE 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
of professional survey and engineering, or related services. Any subcontract or
subconsultant billing reasonably Incurred by the CONSULTANT in connection with
the Project shall be invoiced to OWNER at the actual cost.
2. "Direct Non-Labor Expense" is defined as that expense, based upon five (5%) percent
above actual cost, for any out-of-pocket expense reasonably Incurred by the
CONSULTANT in the performance 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.
A ,
B. BILLINOANDPAYMENT: rl'~
For and in considerationof the professional servicesto 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 It above; as
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follows:
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1. CONSULTANT shall perform its work on this Project In substantial accordance
with the tasks set forth in the "Fee Summary," which consists of a four (4) page attachment,
the letter dated September 9, 1999 referred to in Article IL A. eh.r;e, which is marked as
Exhibit "B", and which Exhibit is incorporated herewith byreferemc. CONSULTANTshall
be paid for services rendered pursuant to the Agreement on an hourly fee basis, plus
reimbursement for all reasot,ably incurred out-of-pocket expenses, billed monthly. {
CONSULTANT shall bill from time sheets, in minimum '/a hour or smaller time increments,
at the hourly rates set forth in CONS ULTANT'S"Proposed Salary Rate - September 1999 -
September 2000" which is attached hereto as Exhibit "C", and which Exhibit is incorporated
herewith by reference. The OWNER agrees to pay to CONSULTANT for its professional
services perfcrmcd, and for its out-of pocket expenses incurred in the Project, a total amount
not to exceed S 293,440.00.
2. Partial payments to the CONSULTANT will be made monthly in accordance with the
statements rellectingthe actual completion of the basic services, rendered to and approved by
the OWNER through its Director of Electric Utilities or her designee. Ilowever, 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
(10%) percent of the above not-to-exceed amount until satisfactory completion of the Project
by the CONSULTANT,
3. Nothing contained in this Article shall require the OWNER to pay for any work which
is unsatisfactory as reasonably determined by the Director of Electric Utilities or her
designee, or which is not submitted by CONSULTANTto 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 OWNER for any charge, expense or reimbursement above the not-to-exceed
amout,t as stated hereinabove, 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 III. "Additional Services" without first obtaining prior written
author izati on from the OWNER,
C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER
in Article 111. 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
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 R. ,
OWNER no more frequently than once monthly. r l
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
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rate of one percent (l%) per month from and after the said sixtieth (60th) day, and in
addition, thereafter, the CONSULTANT may, 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 i
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 CONSULTANTof that fact in writing.,
ARTICLE VI
OBSERVATIONAND REVIEW OF THE WORK
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.
ARTICLE Vil
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANTS
subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall
become the property of the OWNER upon the termination of this Agreement. The l
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
fumishedby the CONSULTANT are intended only to be applicable to this project and OWNER's
use of these documents in other projects shall heat OWNER's sole risk and expense. In the event
the OWNER uses the Agreement in another project or 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.
I
ARTICLE-Y11
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 E
employee status.
ARTICLE IX
INDEMNITY AGREEMENT
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,
demands, damages, losses and expenses, including but not limited to court costs and reasonable
A
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 omissions of the I
CONSULTANT or its officers, shareholders, agents, attorneys and employees in dw execution,
operation,or performanceof this Agreement.
I
Nothing in this Agreement shall be construed to create a liability 1) any person who is not a
Page 4 of 10
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party to this Agreement and nothing berein shall waive any of the party's 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 governments] immunity, which defenses are hereby 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 limits of not less than
$500,000 for each occurrence aid not less than $500,000 in the aggregate, and with property
damage limits of not less than S 100,000 for each occurrence and not less than S 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 5500,000 for each accident and with property damage limits for not
less than S 100,000 for each accident,
C. Worker's Compensation Insurance In accordance with statutory requirements andEn,ployer's
Liability Insurance with limits of not less than S 100,000 for each accident.
D, Professional Liability Insurance with limits of not less than S 1,000,000annual aggregate.
E. CONSULTANT shall furnish insurance certificates or Insurance policies at the OWNER's
request 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 shall contain a
provision that such insurance shall not be canceiledor 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, fumishingal least the same policy limits and coverage, to OWNER.
i
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the dispute
to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or
alternate dispute resolution arising out of or relating to, this Agreement Involving one party'
disagreement msy include the other party to the disagreement without the other's approval.
ARTICLEXll i ,
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate this
Agreement by providing thirty. (30) days advance written notice to the other party.
M~ a C- ..MOO A.,. ZZ Page S of 10 l
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B. This Agreement may be terminated in whole or in part in the event of eithet party
substantially failing to Hfill its obligations under this Agreement. No such termination will
be effected unless the other party is given (1) written notice (delivered by certified mail,
return 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. 3
C. I f 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 for services to the 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 receivedby CONSULTANT, in accordance with Article
V. of this Agreement. Should the OWNER subsequently contract with a new 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
CONSULTANT a reasonable time to transition and to turn over the Project to a new
consultant. CONSULTANT shall turn over all documents prepared or furnished by
CONSULTANT pursuant to this Agreement to the OWNER on or before the date of
termination, but may maintain copies of such documents for its files.
ARTICLE XIII
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, I
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 any defect In the design or other work prepared by the
CONSULTANT, its principals, officers, employees, agents, subcontractors, and subconsultants.
ARTICLE XIY
NOTICES
All notices, communications, and reports required or permitted under this Agreement shall be
personally delivered to; or telecopied to; or mailed to the respective parties by depositing same in
the United States mail at the addressesshown below, postage prepaid, certified mail, return receipt
requested unlessotherwisespecified herein.
To CONSULTANT; To OWNER:
Halff Associates, Inc. City of Denton, Texas
George Prall, P. E,, Vice-President Howard Martin, ACM/Utilities \
8616 Northwest Plaza Drive 215 E. McKinney
Dallas, Texas 75225 Denton, Texas 76201 1
Fax: (214)739.0095 Fax:(940)349.8120
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All notices under this Agreement shall be effective upon their actual receipt by the party to
whom such notice is given, or three (3) days after mailing of the notice, whichever event shall first
occur.
ARTICLE XV
ENTIRE AGREEMENT
This Agreement consisting of ten (10) pages and three (3) attachments 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, understandings, and
agreements which may have been made in connection with the subject matter of this Agreement.
ARTICLE XVI
SEVERABILITY
I
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
valid and enforceable provision which comes as close as possible to expressing the original
intentions of the parties respecting any such stricken provision.
ARTICLEXVII
COMPLIANCE WITH LAWS ~
The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and
ordinances applicable to the work perfonned by CONSULTANT hereunder, as they may now read
or as they rr+ey hereafter be amended,
ARTICLE XYW
D1 SCRJF I'NATION 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 XIX
PERSONNEL
A. CONSULTANT represents that it has or will secure at its own expense all personnel requlred
to perform all the services required under this Agreement. Such personnel shall not be
employees or officers of, nor heve any contractual relations with the OWNER. t i
CONSULTANT shall immediately Inform the 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 this Agreement,
B. All services required hereunder will be performed by CONSULTANT or under its direct
1 ~4,.,,A~IM(„MMII wiiYR+w.rw i., n+C,.rwlM w.r 24 Page ?of 10
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supervision. All personnel engaged in performing 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.
ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement and shall not transfer
any interest in this Agreement (whether by assignment, novation or otherwise) without the prior
written consent of the OWNER. CONSULTANT shall promptly notify OWNER of any change of
its name as well as of any significant change in its corporate structure or in its operations.
ARTICLE XXJ
MODIFICATION
No waiver or modification of this Agreement or of arty covenant, condition, limitation herein
contained shall be valid unless in writing and 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 the parties hereto out of or affecting this Agreement, or the rights or
obligations of the parties hereunder, unless such waiver or modification is in writing, duly
executed. The parties further agree that the provisions of this Article will not be waived unless as
herein set forth.
ARTICLE XXII
MISCELLANEOUS
A. The following exhibits are attached to, inco.;+rrated within, and are made a part of this
Agreement for all purposes pertinent:
Exhibit "A" Scope of Services
Exhibit "B" Fee Summary
Exhibit "C" - Proposed Salary Rate
B. 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, documents, papers and recordsof 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 examinations
or audits in compliance with this Article. OWNER shall give CONSULTANT reasonable
advance notice of C intended examinations or audits,
C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton r
County, Texas. This agreement shall be governed by and construed In accordance with the r A
laws of the State of Texas.
D. For purposes of this Agreement, the parties agree that George Prall, P, E., Vice-President of
CONSULTANT("Prall") shall serve as the Project Manager of CONSULTANT, respecting
this engagement. This Agreement has been entered into with the understanding that Prall
rv u..., r..., .wµe ,.n. r n..e ewa. w..
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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
Prall serving as the key person 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 firm to
perform the other services required herein, under its supervision or control
E. CONSULTANT shall commence, carry on, and complete its work on the Project with all
applicable dispatch, and In it sound, economical, efficient manner, and In accordance with the
provisionshcreof. In accomplishing the Project, CON SULTANT sbal I take such steps as are
appropriate to ensure that the work involved is properly coordinated with related work being
cudedon by the OWNER.
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 to, and make all provisions for the
CONSULTANT to enter in or upon, public and private property as required for the
CONSULTANT to perform professional services under this Agreement OWNER and
CONSULTANT agree that CONSULTANTis entitled to rely upon information furnished to
it by OWNER without the need for further inquiry or investigation into such information.
O. 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 has executed this Agreement In four
j (4) original counterparts, by and through its duly-authorized City Manager; and CONSULTANT
has executed this Agreement by and through its duly-authorized undersigned officer on this the
day of .1999.
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"CITY"
CITY OF DENTON, TEXAS
By.
Michael W. Jez,City Manager
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
By.
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY AITORNEY
By: quo
"CONSULTANT"'
HALFF ASSOCIATES, INC.
' A Texas Corporation
By. llov,
Geor a Pr4, P. E,, Vice-President
ATTEST:
By;
Secretary
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Graveyard Brueb Sanitary Sewer
Denton, Texas
PROPOSED SALARY RATE
September 1999 - September 20000
Project Manager S 133.00
Sr. Project Manager S 100.00
Project Engineer S 64.00
Enviro. Scientist S 64.00
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CADD Tech S 60.00
Clerical S 47.00
Survey Crew $ X00
DIRECT COSTS Attu at Cost x LOS
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AGENDA INFORMATION SHEET Aplpd~~.. q
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AGENDA DATE: October 19, 1999
Questions concerning this
DEPARTMENT: Purchasing acquisition may be directed
B to Howard Martin 349-8232
ACM: Kathy DuBose, Fiscal And Municipal Services 4-0
SUBJ1
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES CONTRACT WITH EMCON FOR THE
ENGINEERING DESIGN AND PREPARATION OF CONSTRUCTION PLANS AND
SPECIFICATION SERVICES FOR THE CITY OF DENTON LANDFILL
EXPANSION OF CELLS 2A, 2B AND 2C, AND RELATED SERVICES AS SET
FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PROFESSIONAL
SERVICES AGREEMENTS (PSA) 2420 - ENGINEERING DESIGN AND TION OF CONSTRUCTION P AND SPE SERVICES
FOR THE CITY OF DENTON LANDFILLLEXPANSION ANDIRELATED SERVICES
AWARDED TO EMCON IN THE AMOUNT OF S 129, 1100). f
~KSBSUi~IP; ~
After receiving the Permit No. 1590 A for 188.08 acres in 1996 for expansion of the
landfill, the City began using Cell I of the newly permitted landfill area The usable life
of Cell l at current application rate Is estimated to be January 2001. To prepare the Cells
2A, 2B, and 2C for the next phase of the landfill operation, design documents approved
by TNRC'C are required. To accomplish this design, the staff Invited the following firms
to submit their quali fications:
• Chiang, Patel, Yerby and Associates
• HDR Engineering, Inc.
• Emcon
• Schaumburg do Polk, Inc.
• SS Engineers
• Stan Tech Engineering Co.
The Selection Committee reviewed the qualifications and then invited 3 firms to make
presentation on the project these firms were:
• Chiang, Patel, Yerby and Associates r,
• Emcon A ,
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• HDR Engineering, Inc. ~
Based on the presentations, the Selection Committee ranked Emcon as the most qualified
firm and entered into contract negotiations. The consultant scope of work and cost
proposal Is attached as Exhibit 1.
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AGENDA INFORMATION SHEET ;
OCTOBER 19, 1999
PAGE 2OF2
RECOMMENDATION:
We recommend this contract be awarded to Emcon in the amount of $129,100.
ESTIMATED SCHEDULE OF PROJECTi
The project is scheduled to be finished in approximately six months after approval by the
City Council.
FISCAL INFORMATION@
Funding for this project will come from 2000 CIP Program in which $225,000 Is included
for this phase of this project.
PROFESSIONAL SERVICES AGREEMENT INFORMATION:
PSA 2420 for a Professional Service Agreement is related to the design and preparation
of construction plans and specification services for the City of Denton Landfill
Expansion. The contract for professional services is not to exceed $129,100.
Respectfully submitted:
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Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment I: Exhibit I
1311.ADENDA
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$701 Eak I.4" 820"• fad Wwfn Tar 7a11P70a l • pjf7) 4?*'M • M*c (417) 372.3411 • fa (417) 47641114
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iSeptember 16, 1999
Proposal 797074
Mr. P.S. Arora, P.E.
Engineering Administrator
Water and Wastewater Utilities
City of Denton
907•A Texas Street
Denton, Texas 76201
Re: City of Denton
Engineering Design and Preparation of Construction Plans and Specifications
for the Denton Landfill Cells 2A, 28, and 2C
Dear Mr. Arora:
EMCON is pleased to present this scope of services to provide professional services to the
City of Lenton. The scope of services Includes an evaluation of alternatives, preparation
or & design basis memorandum, Class I permit modifications, and construction documents
for Cells 2A, 2B, and 2C at the Denton Landfill. We have incorporated comments
discussed with you In out meeting of September 1,1999.
We ere very pleased to have been selected for this impotent project for the City of Denton
and appreciate this opportunity to be of continued service to the City, Please call if you
have any questions.
Sincerely,
EMCON
~t~~4~
Kenneth J. Welch. P.E.
Senior Project Manager
Attachments: City of Denton Scope of Services r,
Engineering Design and Preparation of Plans and Specifications
for Cells 2A, 2191, and 2C \ J
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SCOPE OF SERVICES
ENGINEERING DESIGN AND PREPARATION OF
CONSTRUCTION PLANS AND SPECIFICATIONS
CITY OF DENTON
CELLS 2A, 26, AND 2C
Prepared for
City of Denton
September 1999
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Prepared by
EMCON/1T
S 701 East Loop 120 South
Fort Worth, Texas 76119 i
9171471.1254
project 797074
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CONTENTS
i APPROACH 1.1
1.1 Project Understanding 1.1
2 PROJECT SCHEDULE 2.1
3 PROJECT BUDGET 3.1
4 ADDITIONAL SERVICES 4.1
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I APPROACH
1.1 Project Understanding
The City of Denton Municipal Solid Waste Landfill is a Type 1 landfill. The landfill
facility consists of the original City Landfill, Permit No. 1590 (36.08 acr a) and the
expansion area, Permit No. 1590A (188.08 acres). Alter receiving the permit in 1996, the
City has constructed a slurry wall along the north and west sides of the expansion area for
groundwater control purposes, Cell I (the initial cell in the expansion aura), and
appurtenances such as groundwater monitoring wells and landfill gas monitoring probes,
The City is seeking to begin development of Phase 2 in the landfill expansion area. The
KFQ identified the following projects for Phase 2:
• Design Cells 2A, 2B, and 2C
• Design 148,000 square feet of composite final cover for Phase I
s Evaluate the groundwater dewatering system for Cells 2A, 2B, and 2C
o Prepare construction drawings for the perimeter drainage system to receive
stormwater runoff from the Phase 2 cells and the south detention pond
• Design the extension of the perimeter road for access to the Phase 2 cells
a Modify the existing permit to remove the requirements of the Interim detention
pond
Based on our understanding of the City of Denton's needs as described in the RFQ and
our understanding of specific site conditions from prior experience at the site, we have
developed the following scope of servieea
Task 1- Evelustlort of Altetna&es
The purpose of this task is to evaluate the fanbility of Increasing the pac nbW depth of
excavation This evaluation will consider the groundwater elevations from the otipnal 1
subsurface chmacterindon, installed monitoring wells, and additional piezomewn
installed in the vicinity of Cells 2A, 28, and 2C. The affect of the slurry trench on the
current groundwater elevations will be determined. The evaluadon will develop a
recommendation as to the feasibility of increasing the depth of excavadon.
Based on the evaluation of the current groundwater elevations, a conceptual excavation
plan will be developed for the remaining disposal footprint. Cells 2A, 28, ,net 2C will be
constructed to their existing permitted depth, the increase in depth will begin with Phase ,
3 and continue for the remainder of the permitted disposal footp inl. The additional k
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airspace available from the increased depth will be determined At this time it is ustrmed
the current permitted final contours will remain
A timeline will be developed that compares capacity of Cells 2A, 2B, and 2C to the time
required to obtain a permit amendment to the existing solid waste pennit. An increase in
depth will require a major permit amendment application, ncludin
hearing. The timeline and the additional capacity due to the di g posa ille public
~ inct will provide
the City with the information needed to determine if an increase in d
remainder of the site is feasible. in depth for the
Task 2 • Design Basis Memorandum
This task includes evaluating the existing permit documents and specific site conditions
prior to preparation of the construction plans and specifications. The RFQ requested that
the existing groundwater dewatering system be evaluated u well u the interim
stormwater detention pond. Recomme^dations will be developed to address the
groundwater dewatering system and the interim detention pond. In addition io these two
items, we will also evaluate other areas of the permit document such as the Soil Liner
Quality Control Plan and permit level design to determine if the existing permit
requirements have flexibility for alternate materials, quality assurance teat frequencies, or
other areas where a modification would potentially save on construction cost.
The final cover design for closure of Phase I will be evaluated to determine if it is
feasible to eliminate the geomembrane element of the final cover design. This evaluation
will include a summary of approved alternate final cover designs, and evaluation of the
specific site conditions affecting approval of an shemate Mal cover. 9be evahustlon will
include the potential for TNRCC approval of an alternate final cover And an ovdmate of
the costs for submittal of a Clan I Permit Modification to eliminate the geomembraoe.
A conceptual Opin non of Probable ConAnxtioo Cost wiU be developed fbr Cell 2A and
2B. This conceptual construction cost will be used to evalume constr tcting only CeU 2A
or constructing both CeW 2A and 20. The oeOmpsriaon of oomsetttolioe noses will
consider that The City win eeario"64 &k etic@ don'of CW 2B."Them bIN time to
excavate CeU 2B with City forces dmM the City decide lo build born ON at dds time.
A Design Buis Memorandutm (DBM) will be prepared which ooa ma the entloa,
design requirements for the devekrpmeut of Phase 2 and win eatabhsh the Ifntits of
construction for Cell 2A and 28 if fasibk. The Wta and design of the perimeter
stormwater system and perimeter accese toad will also be confirmed, The DBM will also
address the limits and deoil7k of the final closure of the Phase I are to be closed.
This task provides for confirming the enginemilt duigm and construction Issues related
to construction of the composite Subtitle D liner system and leschate collection system
%nd the groundwater dewatering system. The detailed DBM will confirm the liner and
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leachate collection system design elements, constnsction materials, advertisement and
award dates, and construction dates. Also included will be a review of how the new
Texas Nabrrai Resource Conservation Commission ('TNRCC) guidelines titled Linen
Constructed Below the Seasonal High Groundwater rabte may affect the proposed
excavation grades proposed in the approved Subtitle D Permit Modification.
Task 3 • Permit Modlfleatlons
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This task will provide development and coordination with the City and TNRCC to
prepare permit modifications that may be identified as a result of evaluating the existing
permit documents and current groundwater information. As noted in the RFQ, a permit
modification to remove the requirements for an interim detention pond will be pursued
with 7NRCC. Other potential modifications could be revisions to the SLQCP to broaden
material specifications or limit testing requirements, revisions to the groundwater
dewatering system, or other revisions that would add flexibility or reduce construction
costs. Preparation of a permit modification for removal of the geomembrane from the
final cover design is not included at this time. Anticipated Class I Perm Modifications
include the following;
• Remove requirements for the interim stormwater detention pond
• Use drainage geocomposite for leschate coUecdon layer
a Approval for the gravity sanitary sewer line along Edwards Road
• Modify current groundwater dewatering system
Task 4 • Engineering Design
This task provides the overall secur layouts, design of the secs anchor trenches
liner components, and leacbve collation system. Also includedv will be design of the
gravity sanitary sews line, perimeter road, and perimeter stormwater system.
• Sector Layouts • Cell 2 will extead aotat boss the Phase I area to the south
pia Mm%Wway and seat to Cell 3 Nmies. Cell 2 is appsottfssably 26
acres with each individual oeU about 8.68 sera. The limits of the odding Bases
along the south edge of Phase 1 wiU be eatabUshed from the Soil and Limey
Evaluation Reports (SLERa) that were submitted to the TNRCC. The all layout
will be based on the grid system poem ted to the permit modification which
coincides with the I&WH grid. Vertical control will be from permanent control
monuments that have been established by the City's surveyor.
• Cell Excavations • The cell excavations wi;l be based on the excavation plan
presented in the permit amendment and adjusted to match the as-constructed r
grades along the south sides of Phase 1 sad the top of perimeter roadway grades e
along the west and south sides. Existing topographic maps will be used for the ,
excavation design. We recommend dw a recent field survey be used to
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determine the existing topography within the proposed construction areas for
estimating earthwork quantities if change in topography has occurred since the
date of the most current topographic map. Earthwork quantities will be
estimated from either the available topographic maps or updated topography
from field surveys.
• Anchor Trenches • The alignment of the perimeter anchor trenches will be E
established from the liner stability calculations, location of existing Subtitle D
linen, and perimeter road elevations. The dimensions of the anchor trench will
be determined by the sideslope liner stability analysis.
• Liner Components • The liner system will consist of a minimum 24-inch-thick
compacted clay liner overlain by a Wtuil HDPE geomembmoe. Smooth 60-mil
HDPE will be used on the landfill bottom, textured 60-mii t DPE will be used
on the sideslopes. The liner system and the leachate collection system will be
covered by a 24-inch-thick protective cover. Groundwater levels from the
permit modification sad existing monitor wells will be used to determine if the j
liner will be below the high-water table. If the finer is below the high-water
table, the liner design will be modified to inciide appropriate ballast. A
demonstration that the liner system meets the new guidance handbook on Linen
Constructed Below the Seasonal High Groundwater Table will be provided if
required. This demonstration would include a minor permit modification to the
Soil Liner Quality Control Plan to include ballast information as required. The
stability or the liner system and sideslopes will be analyzed using assumed
material properties. The material properties of the liner components will be
verified during the construction phase.
• Leach ale Collection System • The lachate collection systems will consist of a
drainage geocomposite collection layer across the cell bottoms and sideslopes
whicb will convey leachme to collection trenches in the middle of the cells. The
collection trenches will consist of a 6-ineb perforated pipe (ADS N12-LP or
equal) encased in aggregate or other suitable dminage media. The collection
trenches will convey the leachate to sumps at the base of the mouth perimeter
berm. The required capacity of the ieachate collection system elemots will be
confirmed by the HELL' model The Cell 2 lemrbate collection my" Wjll be i
connected to the Ntnre leaehate tninmmimdon fonts main.
• Stormwater Drainage Demigrt - The Aormw" d}aiamge design Mill 60W of j
evaluating the stormwata nmofl: potential from both contaminated and
uncontaminated dormwater. Once etormwater comae in oouW with" or
enters the leschate collection system the sWnnwater becomes leachate and will
require treatment as leachate. The stormwater control systems will be designed
to minimize the amount of rainfall that potentially could enter the leachate
collection system through the use of containment berms, cutoff valves, and
temporary plastic coven. Also to be addressed is atormwater containment
adjacent to Cell 2 in unlined areas, A stormwater detention area will be
evaluated to provide storage for uncontaminated runoff and ultimately pumping
over 'he perimeter berm system,
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• Perimeter Rod • the perimeter road will extend fiotn the existing Phase 1 limits
along the west side of the landfill The perimeter road will turn and head east
along the south side of the landfill to the south detention pond. The perimeter
drainage channel will be designed to parallel the perimeter road.
• Sanitary Sewer Transmission Line • A gravity flow sanitary sewer line will be
designed to extend from the existing trw*'force main along Edwards Rod to
the Intersection of Edwards Road and Maybill Rod. The sanitary sewer tine
will parapet the landfill permit boundary in an easement to the City of Deacon.
A leschate transmission line will be designed to convey leachate from the Cell
2A leachate collection sump to the City of Denton sanitary sewer line along
Edwards Road.
• Phase I Final Cover • The composite final cover system for closure of
approximately 3.5 acres of the ?base I area will be designed. Construction
details will be developed for the permit level design and the limits of final
closure area will be confirmed.
• Stormwater Pollution Prevention Plan (SWP3) . An SWP3 will be prepared for
the landfill. The SWP3 will address the overall site requirements and the
requirements specific to the construction of Cell 2A. It is understood the City
has prepared an SWP3 for Cell l which will be reviewed and incorporated into
the SWP3 for Celts 2A, 2B, and 2C.
Tank b • Construction Drawings
This task provides for the preparation of construction drawings that will provide a level of
detail suitable for bidding and constructing the project, Construction drawings wW i
include the following:
• Cover Shat
• Legeod and Abbreviations
• Site Plan
• Perimeter Road Plan and Pro Bits
• 13saration Pbaoa
• Laehate CoUecctioo Sy% m Plana
• Sanitary Sewer Plan and Profile
• Stormwater Drainage Plant
• Phase I Final Cover Plan
• Leachate Collection System Transmission Line Connection Details
a Liner Details
• Lachate Collection System Details
• Final Cover Details
• Storm water Details 1
• Erosion and S"meat Control Death ?
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EMCON will submit construction dra<winp to the City for review at 30 percent and 90
percent completion. Following review of the 90 percent drawing, EMCON will
incorporate final modifications and issue the drawings for bidding and construction.
Task 6 • Technical Specifications and Contraict Documents
EMCON will prepare the contract documents sad technical specifications for this
construction project. The NCTCOO Standard Specifications with the City of Denton
revisions to the NCTC00 standards will be used for the advertisement for bids, bid
proposal forms, bond forms, general provisions, and special provisions, and other
standard roans for the Contract Documents. EMCON will propare technical
specifications for the construction elements of this project. An Opinion of Probable
Construction Cost will be prepared at the 50 percent and the 90 percent design level. It is
anticipated that the following tecWcal specifications wilt be prepared:
a Earthwork
a Drainage Media
a Compacted Soil Liner
a Compacted Final Cover
a Flexible Membrane Liner
a Geotextile and Geocomposite j
a Leachate Collection Pipe and Fittings
a Prolective Cover
e Road Construction Materials
a Erosion Layer
EMCON will prepare the technical spenfiesdons ooncurrently with Task 4. At 30
percent, SO percent and 90 perrert oompletoo, we will F WAN the technical
specifications for review. Following the 90 percent review, EMCON will incorporate the
final modifications and Issue the Contract Documents for bidding and construction.
Task T - Advertisement and Awwd Phase
This task provides services during the advertisement and award phase foe the consoxtion
of Ceti 2A. It is anticipated that the duration of this task will be 30 days. The folowing
services will be provided;
s EMCON will coordinate with the City of Denton for advertisement of the
project in local newspapers as well as notification of contractors earperlenced
with this type of construction projecc
a The City will manage the distribution of Contract Documents to Interested ! r'
Contractors.
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• EMCON will participate in the pre-bid confst'boce.
s Questions Emat Contractors will be coordinated by EMCON during the bidding
phase. The Contract Documents provide that only written requests require
response. Addenda will be issued if required by the City.
After the Bid Opening, the City will tabulate the bids, identify the apparent low
bidder, and evaluate the qualifications of the low bidder.
Task 3 - Survey Requirements
This task provides for surveying services during the engineering design phase of the
project. The local survey firm of Bill Coleman will provide these services. EMCON will
provide coordination of this effort. A current topographic map will be developed for the
area within the limits of construction. This will include the limits of Cells 2A and 28,
perimeter roadway, perimeter stormwater system, :ligament of the gravity sewer line, and
the south detention pond. Key tie-In location to existing features will be detemaM.
Task 9 - Meetings I Preeentations
This task provides for meetings with the TNRCC that may be required during the project.
It is anticlpmed that two meetings will be conducted with TNRCC. One during Task 1 -
Evaluation of Alternatives and one during Task 3 - Permit Modification. It is also
anticipated that one meetings will be conducted with the City of Denton Public Utility
Board and one meeting with the City Council. This task will provide for preparation,
travel, and meeting time.
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2 PROJECT SCHEDULE
We are ready to proceed with the project upon receiving wthorizatim to proceed. The
expected project schedule defined in the RFQ will be used to develop a mote detailed
schedule that will define interim quality review dam to obtain City Input.
a September 1, 1999 - Contract Nelefttlon
• September 20,1999 - Pvblle UdI ty Boats
• October 5, 1999 - City Council
• December 3,1999 - Prelimbamy Desilp Repett
• December 6.17,1999 - Staff Review
• March 31, 2000 - Fiul Desito, Complete sad Deliver
• April 30. July 31, 2000. Bid Process, Public Utility Board A City Council
• August, 2000 - Conetractioo
• December 31, 2000 - LandfM In Operation
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3 PROJECT BUDGET
Eatinwas for each major task, as well as man-hour ea imates, Am included in Table 1.
Our Schedule of Charges Is attached
Table 1
Project Budget
Direct Estimated
Labor Expenses Subconsultant Cost
Description Rn S S Expew $
Task I Evaluation cf Alternatives 112 900 400 9,600
Task 2 Desi Basis Memorandum 160 13,000 400 13 400
Task 3 Permit Modifications 140 1 E 700 400 12.100
Task 4 En ' eerie Des! 220, 17,800 600 18.400
Task $ Construction Drawin s 230 17,000 700 17 700
Task 6 Technical Specifications avid 130 9,800 300 10,300
Contract Documents
Lu Advertisement and Award 60 6,200 400 61600
Phase
Survey R uirements 30 200 28,000
30.8W Meetin so 1000 10
Project ToW I,132 141100 23,000 1^100
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4 ADDITIONAL SERVICES
We have developed the preceding project approach bases on our understanding of the
project. The following is a list of additional services for the City of Denton's current and
future consideration:
e Engineering design sssocisted with leachate storage and treatment, solidification
or stabilization of sludge, or liquid-bearing wastes.
s Subsurface explorations or soil testing beyond that previously prescribed based
on current iNRCC rules and implementing guidelines.
s Construction phase engineering services related to bidding, shop drawing
review, modifications to documents by field order or change order.
s Construction phase services related to construction quality assurance testing for j
clay liner construction. HDPE geomembrane liner, leachate collection protective
cover system
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' ITEM 14
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH EMCON
FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN OF AND THE
PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE CITY OF
DENTON, TEXAS LANDFILL EXPANSION OF CELLS 1A, 28, AND 2C; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems it in the public Interest to engage EMCON, A Texas
Corporation ("EMCON' to provide professional engineering services to the City pertaining to
the design of and the preparation ofconstruction plans slid specifications for the City of Denton
Landfill expansion of Cells 2A, 28, and 2C; and
WHEREAS, the City staff has reported to the City Council that there Is a substantial need
for the above-described professional engineering services, and that limited City staff cannot
adequately perform the services and tasks with its own personnel; and
WHEREAS, Chapter 2154 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
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the professional engineering servic,% as set forth in the
Professional Services Agreement; NOW, THEREFORE,
TIIE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I: That the City Manager Is hereby authorized to execute a Professional
Services Agreement with EMCON, a Texas Corporation, for professional engineering services
pertaining to the design of and the preparation of construction plans and specifications for the
City of Denton, Texas Landfill expansion of Cells 2A, 2B, and 2C; In substantially the fomt of
the Professional Services Agreement attached hereto and Incorporated herewith by reference.
SECTION 11; That the award of this Agreement by the City Is on the basis of the
demonstrated competence, knowledge, and qualifications of EMCON and the ability of EMCON
to perform the services needed by the City for a fair and reasonable price, r
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SECTION Ill: Thai the expenditure of funds as provided in the attached Professional ! t
Services Agreement is hereby authorized.
SECTION IV: That this ordinance shall become effective Immediately upon its passage j
and approval,
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PASSED AND APPROVED this the day of _ 9g9,
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By: A Cal 0
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S'Our bxu"nti*6nmre0"TMC0N PIA Ord • Fnr Undall Celli lA,7tl, ad 2CM
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STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES
PERTAINING TO THE DESIGN OF AND THE PREPARATION OF CONSTRUCTION
PLANS AND SPECIFICATIONS FOR THE CITY OF DENTON, TEXAS LANDFILL
EXPANSION OF CELLS 2A, 2B, AND 2C
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 principalao ops at ?~1 is ~F~McKinney Street, Denton, Texas 76201
(hereafter "OWNER') and EMCON, a ~orporatio with its offices at 5701 East Loop 820
South, Fort Worth, Texas 76119 (hereafler "CONSULTANT); the parties acting herein, by and
through their duly-authorized representatives and officers.
WITNESSETH, that in consideration of the covenants and agreements herein contained, the
parties hereto do mutually AGREE as follows:
ARTICLE I
EMPLOYMENT OF 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 ruch smites in the State of Texas. The professional services set forth
herein are in connection with the following described project (the "Project'):
Professional engineering services pertaining to the design and preparation of construction plans and
specifications for the expansion of the City of Denton Landfill Cells 2A, 2B, and 2C.
ARTICLE 11
SCOPE OF SERVICES
The CONSULTANT shall perform the following Basic Services in a professional mannet,
A. To perform those professional services as set forth in the "Scope of Services Engineering
Design and Preparation of Construclion Plans and Specifications - City of Denton Cells 2A,
2B, and 2C," prepared by CONSULTANT for OWNER in September 1999, which document
is attached hereto as Exhibit "A," and is incorporated herein by reference; which document
consists often (10) pages, and is comprised of four sections;
I Project Approach (the Basic Services set forth in nine (9) tasks from pages 1.1
through 1.7, inclusive);
2 Projt-cI Schedule [page 2.11;
3 Project Budget [page 3.11;
4 Additional Services (page 4.11.
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13. If there is any conflict between the terms of this Agreement and Exhibit "A" attached to this
Agreement, the terms and conditions of this Agreement shall control over the temp and
conditions of the Exhibit.
ARTICLE Ill
ADDITIONAL SERVICES
Any additional services to be perforated by the CONSULTANT, if authorized by the '
OWNLR, 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
cervices by the CONSULTANT. OWNER and CONSULTANT have agreed that those services
listed at page 4-1 of Exhibit "A" attached hereto are "Additional Services," that is, services which
CONSULTANT and OWNER may consider as this engagement progresses.
ARTICLE W
PERIOD OF SERVICE
This Agreement wall become effective upon execution by the OWNER and the
CONSULTANT and upon the issuance 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. CONSULTANT shall make 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 is Assistant City Manager of Utilities, or his des;ghee.
ARTICLE 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 fiats, for services in the area
of professional engineering, or related services. Any subcontract or subconsultant
billing reasonably incurred by the CONSULTANT in connection with the Project shall
be invoiced to OWNER at the actual cost.
2. "Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any
out-of-pocket expense reasonably incurred by the CONSULTANT in the performance A
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.
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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 R above, as
follows:
I. CONSULTANT shall perform its work on this Project in accordance with the
provisions and the nine (9) tasks more particularly set forth on pages 1-1 through 1.7
inclusive, of Exhibit "A' attached hereto and incorporated herewith by reference.
CONSULTANT shall perform the said professional services substantially in accordance with I
the "Project Schedule" set forth on page 2.1 of Exhibit "A". CONSULTANT shall be paid
for services rendered pursuant to the Agreement on the basis set forth in the "Project Budget"
set forth on page 3-1 of Exhibit "A", plus reimbursement for all reasonably incurred out-of-
pocket expenses, billed monthly. CONSULTANT shall bill from time sheets, in minimum
hour or smaller time increments, at the hourly rates provided for in the "Project Budget." !
OWNER agrees to pay to CONSULTANT for its professional services performed, and for its
out-of pocket expenses incurred in the Project, a total amount not to exceed S 129,100.00.
2. Partial payments to the CONSULTANT will be made monthly in accordance with the
statements reflecting the actual completion of the basic services, rendered to and approved by
the OWNER through its Assistant City Manager for Utilities 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 ten
(10%) percent of the above not-to-exceed amount until satisfactory completion letio
rY n of the Project
by the CONSULTANT. ~
3. Nothing contained in this Article shall require the OWNER to pay for any work which
is unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or his
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 OWNER for any charge, expense or reimbursement above the not-to-exceed
amount as stated hereinabove, 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 III. "Additional Services" without first obtaining prior written
authorization from the OWNER.
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C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER
in Article III. hereinabove, CONSULTANT shall be paid based on a to-be-agreed-upon
Schedule of Charges. Payments for additional services shalt be due and payable upon
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 frequently than once monthly.
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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 (I%) per month from and after the said sixtieth (60th) day, and in
addition, thereafter, the CONSULTANT may, 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 CONSULTANT of that fact in writing..
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 any defects or deficiencies in the work of the CONSULTANT
or any of its subcontractors or subconsultants.
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall
become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
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 or 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.
ARTICLE VIII
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.
ARTICLE IX
INDEMNITY AGREEMENT
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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,
demands, damages, losses and expenses, including but not limited to court costs and reasonably
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 omissions of the
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CONSULTANT or 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 not a party to this Agreement,
including the defense of governmental immunity, which defenses are hereby 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 limits of not less than
5500,000 for each occurrence wA not less than $500,000 in the aggregate, and with property
damage limits of not less than 5100,000 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 limits for not
less than 5100,000 for each accident.
C. Workers Compensation Insurance in accordance with statutory requirements and Employer's
Liability Insurance with limits of not less than 5100,000 for each accident.
D. Proressional Liability Insurance with limits of not less than S1,000,000 annual aggregate.
E. CONSULTANT shall fumish insurance certificates or insurance policies at the OWNER's
request 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 shall 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, furnishing at least the same policy limits and coverage, to OWNER.
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the dispute r'
to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or j
alternate dispute resolution arising out of or relating to, this Agreement involving one partys
disagreement may include the other party to the disagreement without the other's approval.
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ARTICLE XII
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate this J
Agreement by providing 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 under this Agreement. No such termination will
be effected unless the other party is given (1) written notice (delivered by certified mail,
return receipt requested) of intent to terminate and setting forth the reasons specifying the
m zperformance or other reason(s), and e .>t 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 for services to the OWNER within
twenty (20) days after the date of temrinatiom 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 a new 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
CONSULTANT a reasonable time to transition and to turn over the Project to a new
consultant. CONSULTANT shall turn ever all documents prepared or furnished by
CONSULTANT pursuant to this Agreement to the OWNER on or before the date of
termination, but may maintain copies of such documents for its files.
ARTICLE XIII
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 any defect in the design or other work prepared by the
CONSULTANT, its principals, officers, employees, agents, subcontractors, and subeonsultants.
ARTICLE XfV
NOTICES 1
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All notices, communications, and reports required or permitted under this Agreement shall be / \ r
personally delivered to; or telecopied to; or mailed to the respective parties by depositing same in
the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt
requested, unless otherwise specified herein.
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To CONSULTANT: To OWNER:
EMCON City of Denton, Texas
Kenneth J. Welch, Branch Manager Howard Martin, ACM/Utilities
5701 East Loop 820 South 215 E. McKinney
Fort Worth, Texas 76119 Denton, Texas 76201
Fax: (817) +IS- SIB 4 Fax: (940) 349-8120
All notices under this Agreement shall be effective upon their actual receipt by the party to
whom such notice is given, or three (3) days after mailing of the notice, whichever event shall fast
occur.
ARTICLE XV
ENTIRE AGREEMENT
This Agreement consisting of ten (10) pages and one (1) Exhibit 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, understandings, and
agreements which may have been made in connection with the subject matter of this Agreement.
ARTICLE )M
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
valid and enforceable provision which comes as close as possible to expressing the original
intentions of the parties respecting any such stricken provision.
ARTICLE XVII
COMPLIANCE WITH 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 he amended.
ARTICLE XVIII
DISCRIMINATION PROHIBITED i
In performing the serices 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.
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ARTICLE XIX
PERSONNEL
A. CONSULTANT mrpresents that it has or will secure at its own expense all personnel required
to perform all tim services required under this Agreement. Such personnel shall not be
employees or officers of, nor have any contractual relations with the OWNER.
CONSULTANT shall immediately inform the 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 this Agreement.
B. All services required hereunder will be performed by CONSULTANT or under its direct
supervision. All personnel engaged in performing 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.
ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement and shall not transfer
any interest in this Agreement (whether by assignment, novation or otherwise) without the prior
written consent of the OWNER. CONSULTANT shall promptly notify OWNER of any change of
its name as well as of any significant change in its corporate structure or in its operations.
ARTICLE XXI
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, limitation herein
contained shall be valid unless in writing and 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 the parties hereto out of or affecting this Agreement, or the rights or
obligations of the parties hereunder, unless such waiver or modification is in writing, duly
executed, The parties further agree that the provisions of this Art+cle will not be waived unless as
herein set forth.
ARTICLE XXII
MISCELLANEOUS
A. The following exhibit is attached to, incorporated within, and is made a part of this
Agreement for all purposes pertinent:
I
Exhibit "A" - "Scope of Services - Engineering Design and Preparation of Construction
Plans and Specifications - City of Denton - Cells 2A, 28, and 2C"
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B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the j
final payment made by OWNER 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
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shall be provided adequate and appropriate working space in order to conduct examinations
or audits in compliance with this Article. OWNER shall give CONSULTANT reasonable
advance notice of all intended examinations or audits.
C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be governed by and construed in accordance with the
laws of the State of Texas.
D. For purposes of this Agreement, the parties agree that the key persons who will perform most
of the work under this Agreement shall be Kenneth Welch, P. E., Ray Campbell, P. E., and
Dick Smith. This Agreement has been entered into with the understanding that the three (3)
above-stated employees of CONSULTANT shall perform all or a significant portion of the
work on the Project. Any proposed changes regarding change of personnel, requested by
CONSULTANT, respecting one or more of the three (3) above-stated employees, 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 firm to perform the other incidental services required herein, under
its supervision or control.
E. CONSULTANT shall commence, carry on, and complete its work on the Project with all
at plicable dispatch, and in a sound, economical, eff.;ient manner, and in accordance with the
provisions hereof, In accomplishing the Project, CONSULTANT shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with related work being
carried on by the OWNER.
F. The OWNER shall 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 t}v;
CONSULTANT to enter in or upon, public and private property as required for the
CONSULTANT to perform professional services under this Agreement. OWNER and
CONSULTANT agree that CONSULTANT is entitled to rely upon information furnished to
it by OWNER without the need for further inquiry or investigation into such information.
1 G. The captions of this Agreement are for informational purposes only and shall not in any way
affect the substantive terns or conditions of this Agreement.
IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four
(4) original counterparts, by and through its duly-authorized City Manager; and CONSULTANT
has executed this Agreement by and through its duly-authorized undersigned officer on this the
day of .1999.
"CITY, t r
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CITY OF DENTON, TEXAS
By: _
Michael W. Jez, City Manager
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ATTEST:
JENNIFER WALTERS,CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By: `
"CONSULTANT"
EMCON
A w orporaflon
By: fi i
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ATTEST:
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By:
Secretary
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AGENDA INFORMATION SHEET Da~?`= 1-/•
AGENDA DATE: October 19,1999 Questions concerning this
acquisition may be directed
DEPARTMENT: Purchasing to Jim Coulter 349-7194
ACM: Kathy DUBose, Fiscal and Municipal Services
SUBJECT:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES CONTRACT WITH FREESE AND NICHOLS, INC.
FOR PRELIMINARY DESIGN SERVICES FOR 60-MGD HARTLEE FIELD }
BOOSTER PUMP STATION AND GROUND STORAGE TANKS; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE (PROFESSIONAL SERVICES AGREEMENT (PSA) 2421 - PRELIMINARY
DESIGN AND RELATED SERVICES AWARDED TO FREESE AND NICHOLS,
INC., IN THE AMOUNT OF $41,305).
BACKGROUND: j
The consultiri,g firm of Freese and Nichols, Inc. designed the Hartlee Field Booster Pump
Station and Ground Storage Tank (HFBPS) in 1992. The population growth of the late
seventies and early to mid-eighties did not mprerialize during the design period, so the
project construction was delayed, even though bids were received for construction of the
project.
In 1998 the City of Denton decided to implement impact fees for water and wastewater
utilities. To facilitate the implementation of impact fees, State law requires development
of population projections. The consulting firm of Rust Environmental and Infrastructure
(RUST) prepared the population forecast through the Year 2020. (See Exhibit 11.) Based
on this population forecast, the consulting firm of Alan Plummer and Associates, Inc.
(APAI), which is a pan of the impact fee consultant team, has updated the water {
distribution master plan. The HFBPS was designed in 1992 for a 35-mgd ultimate
capacity with space for six pumps and to supply water only to the 826 pressure plane.
The water distribution system master plan update indicates that the HFBPS will serve the
826 and 745 pressure planes and will need a year 2020 projected capacity of 60-mgd (See
Exhibit Ill for pressure plane boundaries).
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The pump station will need to provide service to two different pressure zones In the
distribution system that was not identified in the original design. Additionally, the 2N
year design flows for this station have increased dramatically from 35-mgd to 60-mgd.
There are also other changes to the original design that staff feels should be considered in
the areas of instrumentation, supervisory control Laid data acquisition (SCADA), and
chemical storage, handling and safety. Due to these factors, staff is recommending a pre-
design study to clarify scope of services and needed changes prior to proceeding with
final design of the facilities.
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AGENDA INFORMATION SHEET
OCTOBER 19, 1999
PAGE 2 OF 2
BACKGROUND (CONTINUED): j
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For the 60-mgd pump station and 3 million-gallon ground storage tank and related
discharge piping, the probable opinion of cost is $7,136,000 as prepared by Freeze and
Nichols, Inc. As a comparison, the low bid on the project in 1992 was for $3,971,000.
The substantially larger pump station requires larger pumps, suction and discharge pipes,
valves and essentially a redesign of the pump station building. The consultant scope of
services and cost proposal for the preliminary design is attached (See Exhibit IV.)
RECOMMENDATION:
We recommend this contract be awarded to Freese and Nichols, Inc.
FISCAL INFORMATION:
Funding for this project will come from the 2000 CIP Progran.
PROFESSIONAL SERVICES AGRFEM M1T INFORMATION:
PSA 2421 for a Professional Service Agreement is related for the preliminary design
services for 60-mgd Hardee Field Booster Pump Station and Ground Storage Tank, the
contract amount is not to exceed $41,305.
Respectfully submitted:
Tom Show, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Exhibit I
Attachment 2: Exhibit 11
Attachment 3: Exhibit III
Attachment 4: Exhibit IV
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ATTACNMBNT 1 _
i Site Location
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ATTACHMENT
Year Population Porcent Annual Growth
1998 76,6?? 3
1999 78.931 3
2000 81,299
3
2005 99,845 5
2010 129,052 5.35
2015 163,562 4.22
2020 198,069 3.62
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POPULATION FORECAST
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900 Level.
eves'-
745
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Y ~ ~ ~ L` ~ `I'll 1 I
Uevel
E)Nbit 111 - Pressure Plane Boundaries i
ATTACHMENT 4
VON
FREESE-NICHOLS
August 19, 1999
Mr. P.S. Arora, P.E.
City of Denton Water Utilities
215 E. McKinney
Denton, TX 76201
RE: Fee Proposal and Scope of Work
Hardee Field Road Pump Station
City of Denton, Texas
Dear Mr. Arora:
We are pleased to present the scope of work and fee proposal for the preliminary design phase of the
re-design of the Hardee Field Road Pump Station, Attached are the following for your review:
a) Out Proposed Scope of Work
b) As shown on the attached spreadsheets, our proposed lump sum fee is 541,300.
As we discussed, we will develop a proposal for the final design and construction
phase services after the scope and schedule are determined.
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c) As shown on, the attached memorandum, our opinion of probable construction cost
Is =UN111M,f a 10li Isom)
Bared on our discussions with the City of Denton and our review of the original plans and
speaadom, we note the following observations:
a) The original design of the pump station bad an ultimate cspaoity of 35 mgd. The
mrAW "p will have m uidmek capacity of 60 mgd, with the apability of
sen* two ptento pkaes. TWo may require the use of mlddpk medium voltage
variable froqueocy dri ves. The lager pump capacities will also require larger pump
cares, piping, pump control valves, switch gear and starters, more space for pumps r r -
and motors, heavier structural loads, larger chemical facilides, and larger HVAC
systems. We estimate the building will be approximately 25% larger in size.
Therefore, the pump station will require an almost complete re-0ettign.
Frsew and Md olm, ft a Ent;Wom ■ Em*wrwM Sdw*b 0 A Marcia
4066 kRem.sorw Plats Tan a 76100
Jeos
at1 6 at
EXHIBIT IV
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Mr. P.S. Aron, P.E.
August 19,1999
Page 2
b) 71he 3 mg storage tank will have curtaiq baffles, or provisions for adding curtain
baffles. The site will be adaptable to 2 additional 3 mg tanks. M will require
revisions to the tank inlet and outlet piping, and possibly overflow and chemical feed
piping.
c) The site plans and details will be revised for the following:
• Changed off-site d*dnage conditions.
• Revised suction piping
• Provisions for future multiple discharge pipelines
• Revised chemical piping
• Revised tank inlets and outlets
• Revised on-site roads and parking
• Revised site electrical
• Changes to site drainage, landscaping, waste systems, and fencing
due to other site changes
d) The 42-inch pipeline will be revised to a larger size. We assume that any additional
topographic survey will be provided by the City of Denton, as was done in the
original design. Some minor reroutes of the pipeline are expected for changed
conditions.
e) The chemical facilities will require largerequipment, larger piping and more space i
for equipment. f
O The venturi flo%&neterandvauitwillprobably berevised tomorecurrenttechnology,
such as ultra-sonic.
g) The instrumentation and SCADA systems %ill require an almostcomplete re-design.
A station plc will be used. Some additional instrumentation may be required. This
will require adding several sheets to the drawings. We assume Denton will want to
add electrical bulkheads for motor and control leads, so that the vfd's can easily be
switched to alternate pumps.
h) The standard details and specifications should be updated to current standards.
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Mr. P.S. Arora, P.E,
August 19, 1999
Page 3
II
We look forward to starting on the Project and working with the City of Denton. If you have any
questions or comments, do not hesitate to contact us.
Respcctfully,
II
Mike Nichols, A.E.
Vice President
9444V
Russell L. Gibson, P.E.
Associate
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Hartlee Field Road Pump Station - Revisions to the 1991 Design
Scope of Work - Preliminary Design Phase
August 19,1999
The initial design of the Hardee Field Road Pump Station was compieted by FN1 in 1991; however,
the project was not constructed at that time. FNI will update and revise the contract documents and
will provide construction phase services. FNI will provide Phase I . Basic Services as described ii
below. After review and approval of the preliminary design report by the City of Denton, FNi will
prepare a proposal for Phase H - Basic Services, and any additional services as directed by the City
of Denton.
I Hardee Field Road Booster Pump Station - Revisions to the 1991 Design
Phase I - Dutc Services
I) F&Nstructural,electrical, mechanical, architectural, waterlwastewaler,andcivilwill
review the plans, specifications and design tiles to identify any changes that may be
suggested to the City of Denton.
2) F'&N will investigate the following changes, which were suggested by the City of
Denton:
j
a) Revise the initial and future pump selections for higher capacity, The
original design was based on an initial capacity of 10 mgd and an ultimate
capacity of 35 mgd. The revised design will be based on the ultimate future
capacity of 60 mgd. Initial pumps will be selected to serve the upper (826)
pressure plane. Future pumps will be selected to serve the upper and lower
(713) pressure planes.
b) Revise the piping, valves, and power systems for the hipl
selections. Make the piping compatible with the future split in ta~tbet~a
the upper and lower pressure planes.
C) Pevise the building layout for larger pumps, piping, motors, and power
systems (this will affect civil, structu rstL electrical, mechanical, atchitecturai,
and atlwttrj,
d) Review
excess the original design for using the 3 mg slor W06 at HppS to *4
4
capacity him the d ittibuation system at edght, and pr.r+p back Into dw
distribution system during the day. We* the piping and valve aaattg_amt
for this scenario.
e) Provide space for 2 additional 3 tag ground tanks for the fume. The revised
design will Include one 3 mg storage tank, as Originally "good.
f) Review the site layout for a bigger building, revised chemical f dies (bulk
storage and possible relocated chemleal facilities), revised drainage for the ,
wider existing City Street, cut and fill issues, 2 additional future tanks,
revised site roads, and the revised piping layouts.
8) Provide bal les in the storage tanks to permit plug flow. As a minimum, the
tanks will be capable of retrofitting curtain baffles. This may require revising
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the tank inlet and outlet piping and chemical foods.
h) lnvestigateways oftedodngaahofthearc ecty<alonhanc a, without 9
naificing subdowal aoathetic value
i) Revise the roof akylighis for the IwW moron, or provide other moans of
Pig the PUMPL
j) Review the plans and specs for mid code rogtdnmeots.
k) Review the communication methods including fiber optic and radio between
HFPS and Spencer. Denton wants open arcbitecture SCADA systems and
pie's, where feasible.
1) Investlgate providing facilities for a second power feed at the pump station.
The electrical substation will be designed and constructed by others as
originally planned. FNI will coordinate site requirements with the utility
company.
3) FNl will provide cost estimates for various &Itemadves as aprropdate.
4) FNI will provide rive copies of a preliminary design report with summaries,
recommendations, and cost estimates.
S) FNI will attend two meetings with the City of Denton staff' to coordinate the
preliminary design phase. FNI will also attend one meeting with the Public Utility
Board to present the findings of the preliminary design phase.
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` ITEM 15
ORDINANCE NO..
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH FREESE
AND NICHOLS, INC,, FOR ENGINEERING SERVICES PERTAINING TO THE
PRELIMINARY DESIGN PHASE OF THE RE-DESIGN OF THE HARTLEE FIELD ROAD
PUMP STATION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems it in the public interest to engage Freese and
Nichols, Inc., a Corporation ("F&N), to provide professional engineering services to the City
pertaining to the preliminary design phase of the re-design of the Hartlee Field Road Pump
Station; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the above-described professional engineering services, and that limited City staff cannot
adequately perform the services and tasks with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Govemment 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
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price;
and f
WHEREAS, the City Council has provided in the City Pudget for the appropriation of
funds to be used for the purchase of the profer,ional engineering services, as set forth in the f
Professional Services Agreement; NOW, THEREFORE,
THE COUNCIL OF THE C11 Y OF DENTON HEREBY ORDAINS:
SECTION In That the City Manager is hereby authorized to execute a Professional
Scrvices Agreement with Freese and Nichols, Inc., for professional engineering services
pertaining to the preliminary design phase of the re-design of the Hardee Field Road Pump
Station; in substantially the form of the Professional Services Agreement attached hereto and
incorporated herewith by reference.
SECTION Ill That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of F&N and the ability of F&N to
perform the services needed by the City for a fair and reasonable price.
SECTION 1114 That the expenditure of funds as provided in the attached Professional I
Services Agreement is hereby authorized.
SECTION IV: That this ordinance shall become effective immediately upon its passage
and approval.
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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: rl ~N~
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STATE OF TEXAS § r
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES
PERTAINING TO THE PRELIMINARY DESIGN PHASE OF THE RE-DESIGN OF THE
HARTLEE FIELD ROAD PUMP STATION FOR THE CITY OF DENTON, TEXAS
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 Street, Denton, Texas 76201
(hereafter 'OWNER') and Freese and Nichols, Inc., a Texas Corporation, with its offices at 4055
Intemational Plaza, Suite 200, Fort Worth, Texas 76109 (hereafter "CONSULTANT); the parties
acting herein, by and through their duly-authorized representatives and officers.
WITNESSETH, that in consideration of the covenants and agreements herein contained, the
parties hereto do mutually AGREE as follows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the
CONSULTANT hereby agrees to perform the services herein im connection with the Project as
stated in the Articles to follow, with diligence and in accordance with the professic W standards
customarily obtained for such services in the State of Texas. The professional servicts set forth
herein are in connection with the following described project (the "Project'):
Professional engineering services pertaining to the preliminary design phase of the re-design of the
Hanlee Field Road Pump Station, in Denton, Denton County, Texas.
ARTICLE H
SCOPE OF SERVICES
The CONSULTANT shall perform the following basic services in a professional manner:
A, To perform those services as set forth in the Scope of Work which is attached to letter dated
August 19, 1999 from Mike Nichols, P. E., Vice-President and Russell L. Gibson, P, E.,
Associate of CONSULTANT to P.S, Aron, P. E., Engineering Administrator of OWNER,
which letter includes CONSULTANT's "Scope of Work" and"Fee Proposal" and Is a six (6)
page document marked as Exhibit "A", which Exhibit is incorporated by reference herein, r
A
B. If there is any conflict between the terns of this Agreement and the Exhibit attached to this f
Agreement, the terms and conditions of this Agreement shall control over the terms and
conditions of the Exhibit.
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ARTICLE M
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 abov"esen'bed Scope of Services, set
forth as provided by Article ! ` bove, 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.
ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon execution by the OWNER and the
CONSULTANT and upon the issuance 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 herelf. Time is of the
essence in this Agreement. CONSULTANT shall make 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 Assistant City Manager for Utilities, or his designee.
ARTICLE V I
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
professional engineering area, or related services. Any subcontract or subconsultant
billing reasonably incurred by the CONSULTANT in connection with the Project Shall
be invoiced to OWNER at the actual cost.
1 2. "Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any
out-of-pocket expense reasonably incurred by the CONSULTANT in the performance
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 A ,
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 in substantial accordance
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with the tasks set forth in the "Scope of Work" and "Fee Proposal" referred to in Article U. A.
above, marked as Exhibit "A", and which Exhibit is incorporated herein by reference.
CONSULTANT shall be paid for services rendered pursuant to the Agreement and for all
reasonably incurred out-of-pocket expenses on a lump-sum basis, billed monthly. The
OWNER agrees to pay to CONSULTANT for its professional services performed, and for its
out-of gxket expenses incurred in the Project, a total amount not to exceed S 41,300.00.
2. Partial pa; -nents to the CONSULTANT will be made monthly as progress payments in
accordance with the statements reflecting the extent of actual completion of the basic
services, rendered to and approved by the OWNER through its Assistant City Manager for
Utilities 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 ten (1(r) percent of the above not-to-excoed amount until
satisfactory completion of the Project by the CONSULTANT.
3. Nothing contained in this Article shall require the OWNER to pay for any work which
is unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or Hs
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 OWNER for any charge, expen^e or reimbursement above the not-to-exceed
amount as stated hereinabove, 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
authorisation from the OWNER.
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 nf Charges. Payments for additional services shall be due and payable upon
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 frequently 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 (V/9) per month from and after the said sixtieth (60th) day, and in addition, thereafter,
the CONSULTANT may, 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 A
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 CONSULTANT of that fact in writing„
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ARTICLE V1
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable taro 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 subconsultanla.
ARTICLE VU
OWNERSHIP OF DOCUMENTS
All documents prepared or famished by the CONSULTANT (and CONSULTANTs
subcontractors or subconsuttants) 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
fumished 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 or 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.
ARTICLE VIII
INDEPENDENT CONTRACTOR I
CONSULTANT shall provide services to OWNER as an independent contractor, not as an
employee of die 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
officials, officers, agents, attorneys and employees from and against any and all liability, claims,
demands, damages, losses and expenses, including but not limited to court costs and reasonable
attorney fees incurred by the OWNER, and including without limitation damages for bodily and
personal injury, death, or property damage, resulting from the negligent acts or omissions of the
CONSULTANT or 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 not a party to this Agreement,
including the defense of governmental immunity, which defenses am hereby expressly reserved. t
ARTICLE X
INSURANCE
During the performance of the Services under this Agreement, CONSULTANT shall
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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 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 S100,000 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 limits for not
less than $100,000 for each accident.
C. Workers Compensation Insurance in accordance with statutory requirements and Employer's
Liability Insurance with limits of not less than $100,000 for each accident.
D. Professional Liability Insurance with limits of not less than S 1,000,000 annual aggregate.
E. CONSULTANT shall furnish insurance certificates or Insurance policies at the OWNER's
request 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 shall contain a
provision that such insurance shall not be cancelled or modified without thirty (30) days prior
written notice to OWNER and CONSULTANT, to such event, the CONSULTANT shall,
prior to the effective date of the change or cancellation of coverage, deliver copies of any
such substitute policies, furnishing at least the same policy limits and coverage, to OWA'F.R.
ARTICLE XI
ARBI'T'RATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the dispute
to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or
alternate dispute resolution arising out of or relating to, this Agreement involving one party's
disagreement may include the other party to the disagreement without the other's approval,
ARTICLE X11
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agteenmt, either party may terminate this
Agreement by providing thirty- (30) days advance written notice to the other party.
B. This Agreement may be terminated in whole or in pan in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination will
be eff:ated unless the other parry is given (I) written notice (delivered by certified mail, A
return receipt requested) of intent to terminate and setting funh the reasons specifying he 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.
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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 for services to the OWNER within
twenty (20) days after the date of termination. Ile OWNER shall pay CONSULTANT Ir
all services properly rendered and satisfactorily performed, and for reimbursable exp..,aes
prior to notice of termination being received by CONSULTANT, in accordance with Ardcle
V, of this Agreement. Should the OWNER subsequently contract with a new consultant for I
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
CONSULTANT a reasonable time to transition and to turn over the Project to a new
consultant. CONSULTANT shall turn over all documents prepared or famished by
CONSULTANT pursuant to this Agreement to the OWNER on or before the date of
termination, but may maintain copies of such documents for its files,
ARTICLE XM
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 any defect in the design or other work prepared by the
CONSULTANT, its principals, officers, employees, agents, subcontractors, and subconsultants.
ARTICLE XIV
NOTICES
All notices, communications, and reports required or permitted under this Agreement shall be
personally delivered to; or telecopied to; or mailed to the respective parties by depositing same in ,
the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt
requested, unless otherwise specified herein.
To CONSULTANT; To OWNER;
Freese and Nichols, Inc. City of Denton, Texas
Mike Nichols, P. E., Vice-President Howard Martin, ACM/Utilities
4055 International Plaza, ;Suite 200 215 E. McKinney
Fort Worth, Texas 76109 Denton, Texas 76201
Fax;(817) 735.7491 Fax: (940)349-8120
All notices under this Agreement shall be effective upon their actual receipt by the party to
whom such notice Is given, or three (3) days after mailing of the notice, whichever event shall first i
occur. i
ARTICLE XV
ENTIRE AGREEMENT
This Agreement consisting of ten (10) pages and one (1) Exhibit constitutes the complete and
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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, understandings, and
agreements which may have been made in connection with the subject matter of this Agreement.
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 the extent reasonably possible, to replace such stricken provision with a
valid and enforceable provision which comes as close as possible to expressing the original
intentions of the parties respecting any such stricken provision.
ARTICLE XVII
COMPLIANCE WIT?I LAWS
The CONSULTANT shall comply with all federal, state, local taws, rules, regulations, and
ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read
or as they may herealler be amended.
ARTICLE XVHI
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 J
physical handicap.
ARTICLE XIX
PERSONNEL
A. CONSULTANT represents that it has or will secure at its own expense all personnel required
to perform all the senices required under this Agreement. Such personnel shall not be
employees or officers of, nor have any contractual relations with the OWNER
CONSULTANT shall immediately inform the 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 this Agreement.
B, All services required hereunder will be performed by CONSULTANT or under its direct
supervision. All personnel engaged in performing 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. t
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ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement and shall not transfer
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any interest in this Agreement (whether by assignment, novation or otherwise) wiCtout the prior
written consent of the OWNER. CONSULTANT shall promptly notify OWNER of any change of
its name as well u of any significant change in its corporate structure or in its operations.
ARTICLE XXI
MODIFICATION it
No waiver or modification of this Agretment or of any covenant, condition, limitation herein
contained shall be valid unless in writing and duly executed by the party to be charged therewith.
No evidence of any waiver or modification rh:ll 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, unless such waiver or modification is in writing, duly
executed. The parties further agree that the provisions of this Article will not be waived unless as
herein set forth.
ARTICLE XXII
MISCELLANEOUS
A. The following exhibit is attached to, incorporated within, and is made a part of this
Agreement for all purposes pertinent:
Exhibit "A" - Letter dated August 19, 1999 from CONSULTANT to OWNER with
Scope of Work and Fee Proposal contained therein.
B. 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, documents, papers and records of the CONSULTANT Involving
transactions relating to this Agreement. CONSULTANT agrees that O'NNER 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 examinations or audits in compliance
with this Article. OWNER shall give CONSULTANT reasonable advance notice of all intended
examinations or audits.
C. Venue of any suit or cause of action under this Agreement shall he exclusively in Denton
County, Texas. This Agreement shall be governed by and construed in accordance with the laws of
the State of Texas.
D. For purposes of this Agreement, the parties agree that Russell L. Gibson, P. E„ Associate of
CONSULTANT ("Gibson'} shall serve as the Project Manager of CONSULTANT,
respecting this engagement. This Agreement has been entered Into with the understanding
that Gibson shall seine as the CONSULTANT's Project Manager and the key person serving
the OWNER on this Project. Any proposed changes requested by CONSULTANT,
respecting Gibson serving as the key person 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 memters of its firm to
perform the other services required herein, under its supervision or control.
E. CONSULTANT shall commence, carry on, and complete its work on the Project with all
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applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the
provisions hereoL In accomplishing the Project. CONSULTANT shall take such steps U are
appropriate to ensure that the work involved Is properly coordinated with related worm being
carried on by the OWNER.
F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANTS disposal
all available Information pertii+nt to the Project, including previous reports, any other daft
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 professional services under this Agreement. OWNER and
CONSULTANT agree that CONSULTANT is entitled to rely upon information famished to
it by OWNER without the need for Sather Inquiry or investigation into such Information.
G. The captions of this Agreement are for informational purposes only and shall not In any way
affect the substantive tens or conditions of this Agreement.
IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four
(4) original counterparts, by and through its duly-authorized City Manager, and CONSULTANT
has executed this Agreement by and through its duly-authorized undersigned officer on this the
day of 1499,
CITY OF DENTON, TEXAS
By:
Michael W. Jez, City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: _
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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`CONSULTANT"
FREESE 4.ND NICHOLS, INC,
A Texan Corporation
By:
Mike Nichols, P. E., VimPreaident
ATTFST:
By: ,
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AGENDA INFORMATION SHEET
AGENDA Dr TE: October 19, 1999
DEPARTMENT: City Manager's Office
CNI: Michael W. Jez, City Manager
SL~D3FCT:
Consider adoption of an ordinance authorizing the City Manager to execute a personal services
agreement with Barbara 7'. McCall Associates, Inc. to provide certain Information and services
with regard to legislation of interest to the city.
RAC U ND•
In 1997, the City of Denton joined the cities of Austin, Dallas, Lubbock and Piano as part of the
Texas Cities Legislative Coalition that contracted for the services of Barbara T, McCall
Associates, Inc. as the Washington Assistant to these Texas cities. Ms, McCall heads the
Washington office providing Washington advocacy assistance to local governments and their
agencies. The representation includes information about legislative and executive action on
issues of common interest, transmitting city positions on the issues to the Congressional
delegation and to the Administration and pursuing defined projects or individual legislative
priorities for each city. This includes establishing and maintaining contart with Texas Senators
and the city's delegation in the house of Representatives, The Washington advisor also
maintains communications with the White [louse and many federal agencies and departments.
Services of Barbara T. McCall Assoc; , Inc. have been particularly beneficial to the City of
Denton in making elected officials at. staff aware of federal grant deadlines and pending
legislation that could impact the city, The contract retains the adviser's services, provides thirty.
six hours of assured•usagc hours and includes optional hours not to exceed 100,
Q I N
Approve the ordinance allowing the City Manager to execute the contract.
L'Jl~lt 1C1'[ON/I E ' FWt ouncil.Boarde Comrni sJ2IL;
Approval of the previous )car's contract was made with the adoption of Ordinance No. 98.748
on October 20, 1998.
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Barbara T. McCall Associates Inc.
October 19, 1999
Page 2
FISCAL 1NFORb1ATJON1
The service cost of the basic contract is $24,420 that includes thf -ty-six assured-usage hours of
service and reimbursable costs not to exceed $5,000 plus optional hours of service not to exceed
one hundred hours at a cost of $95.00 per hour The total fiscal impact would be $33,920 which
have been included in the 1999-2000 fiscal your budget approved by City Council
Prepared by;
etty wi iams
Director of Management and Public
Information
Attachments; I. Ordinance
2. Contract
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ORDINANCE NO..
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PERSONAL
SERVICES AGREEMENT WITH BARBARA T. MCCALL ASSOCIATES, INC. TO
PROVIDE CERTAIN INFORMATION AND SERVICES WITH REGARD TO
LEGISLATION OF INTEREST TO THE CITY; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton wishes to employ Barbara T. McCall Associates, Inc. to
provide personal services with regard to legislation which is of interest to the Cily; and
WHEREAS, the City of Denton will be participating with a number of other cities that
have entered into similar Personal Services Agreements with Barbara T. McCall Associates, Inc.;
and
WHEREAS, due to the concurrent participation of other Texas cities and that Barbara T.
McCall has unique qualifications and experience that no other person can offer the City during
this period of time as a Personal Services Contract, this Contract is exempt from competitive
bidding in accordance with Tex. Loc. Gov't Code §252.002(a)(4); and
WHEREAS, the City Council deems it in the public interest to authorize the City
Manager to enter into a Personal Services Contract with Barbara T. McCall Associates, Inc. for
the above-mentioned legislative services; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager is hereby authorized to enter into a Personal
Services Agreement with Barbara T. McCall Associates, inc,, substantially in the form of the '
attached Agreement, which is made a pail of this ordinance for all purposes, to provide
inrormation about legislation and other related personal services to the City.
SECTION 11. That the City Manager is hereby authorized to make the expenditures as
outlined in the attached Agreement.
SECTION 1IL That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of , 1999.
JACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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PERSONIAL SERVICES AGREEMENT '
Between the City of Denton, Texas
State of Texas, County of Denton
and
BARBARA T. McCALL ASSOCIATES, INC.
Washington, D.C.
WHEREAS, the City of Denton, ("City"), in consultation with other major cities
ir: Texas, has determined that there is a need for jointly sponsored Washington
representation; and
WHEREAS, this need is particularly pressing in relation to:
1. Information about legislative and executive action on Issues of common
Interest,
2. transmitting City positions on these issues to the Congressional
delegation and to the Administration, and
3. obtaining individual City service to pursue defined projects or Individual
legislative priorities; and
WHEREAS, Barbara McCall, due to the concurrent p-.,i'cipatlon of other Texas
cities has unique qualifications and experience that no other person can offer the city
during this period of time; and
WHEREAS, Barbara T. McCall is known to the Cities and Is capable of and
willing to undertake such representation in Washington as a personal services contrast
exempt from competitive bidding in accordance with Section 252.022 (a) of the Texas
Local Government Code;
NOW, THEREFORE, the City of Denton, in association with and recognizing the
concurrent participation of the Cities of Austin, Dallas, Lubbock, and Plano
(collectively, the "Cities"), enters Into this personal services agreement with Barbara
T. McCall Associates, Inc. ("Consultant").
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1. OBLIGATIONS OF THE CONSULTANT
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A. The Consultant will operate a unit to act as a Washington office for the
Cities and head this unit and as Washington Assistant to the Cities. The
Consultant will furnish requisite staff, office space, utilities, furnishings,
and equipment, secretarial services, common-use office supplies and
services, and general administrative su;,.ort.
B. The Consultant will consult with the "Committee" (see Section IIE) to
determine issues of specific Interest to the Cities and to determine
policies and positions which the Cities as a group hold and wish to be
pursued. In cases in which the City positions differ from or conflict with
the Cities' group position, the Consultant will consult with the City and
the Committee to determine the proper course of action.
C. Information.
1. The Consultant will provide regular information on Washington
issues and events of Interest to the Cities. This will be done by:
a) a regular "Washington Report,"
b) written reports, bulletins, and memoranda on developments
regarding Texas-speciflc issues, and
c) direct phone contact.
2. The Consultant will present federal affairs briefings for
the Cities at times and places specified by the Committee.
D. Congressional Relations.
The Consultant will establish and maintain on a regular basis contact with
the Texas Senators and the Cities' delegation In the House of I
Representatives.
E. Administrative Relations.
The Consultant will advise and consult on behalf of the City with the
White House and the following federal agencies or departments:
Commerce, SBA, Treasury, HUD, Labor, HHS, DOT, EPA, Interior,
Justice, DOE, and such other agencies, departments and commissions as
may be necessary to the performance of Washington service to the r
City. A ,
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F. Individual City Services.
1. The Consultant will Initiate and pursue research, reports, meetings,
consultation and other activitles on matters of interest to the City
and will respond to requests for similar actions from the City. She
will Inform the Administration and Congress of the needs of the
City. Such services and activities will be provided at a cost of
$95.00 per hour.
2. Should billable costs for the contract period appear to exceed the
costs specified In Sections Il, B or C. The consultant will notify the
City, together with her estimates of the extra amounts expected
to be required, the reasons therefore, and her recommendation to
the City.
ll. OBLIGATIONS OF THE CITY
A. The City will contract with the Consultant for specified services for a
period.of one year, commencing October 1, 1999 end ending September
30, 2000.
B. Service Costs
1. The service cost of this Contract is composed of three elements:
a) A retainer of sixteen thousand dollars 1515,000.00) per the
one year period.
b) Thirty-six assured-usage hours of service at ninety-five r
dollars ($95.00) per hour, totaling three thousand four
hundred twenty dollars (53,420.00).
c) Optional use hours of service at the rate of ninoty-five
dollars 1$95.00) per hour, not to exceed $9,500.00.
C. Reimbursable Costs--Not to Exceed five thousand dollars ($5,000.00).
1. Costs incident to travel outside Washington, D.C. for long-distance
telephone calls and for expedited communication services shall be
reimbursed to the Consultant upon submission of Its Invoice to the
City. It Is understood that travel Is to be pre-authorized by the '
City or the Committee. In the case of travel authorized by the
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Committee, the City agrees to pay its pro-rata share of the costs. i '
2. Costs for the following items which exceed the allocation for such
Items in the basic cc a!rnct cost shall, when authorized by the City
and the Committ to reimbursed to the Consultant upon
presentation of an
a) Subscription rnd dues.
b) Printing and graphics.
c) Supplies.
d) Provision of local ground transportation in Washington.
e) Rental of meeting facilities and other meeting expenses.
3. If an expenditure under this section is authorized by the
Committee, the City agrees to pay its prorate share.
0. Contract costs are payable as follows:
1. The retainer and assured hourly costs of (nineteen thousand four
hundred twenty dollars (619,420) are payable, quarterly, in
advance In these amounts:
i
October 1, 1999 $4,855.00 I
January 1, 2000 $4,855.00
April 1, 2000 $4,855.00
July 1, 2000 94,856.00
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2. The optional hourly costs above the first eighteen hours of service
are payable upon billing by the Consr"ant, after the assured hours
of service have been exceeded. (Suc. 11, B. 2)
E. The Committee.
1. The City will appoint a member to a Committee of the Cities
associated In this effort. The Committee will appoint its own 4
chairperson and determine the times and places of its meetings,
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The functions of the Committee are:
a) to determine common positions on federal issues which the
Consultant is to pursue on behalf of the Cities.
b) to discuss apparent conflicts or differences on Issues or
projects which may arise among the Cities and to resolve
them in terms of a course of action for the Consultant.
c) to monitor the function and operation of the Washington
office to determine if it is fulfilling the goals and objectives
for which it was designed.
d) to authorize travel and other reimbursable expenses to be
Incurred for the common purposes of the Cities.
F. General.
i. The City will Inform the Consultant of the person(s) authorized to
request services end to serve as the chief contact,
2. The City will supply the Consultant with a summary of the federal
programs In which the City is participating and other Information
necessary to an understanding of the City's purposes in relation to
the federal government.
III. THE CITY AND THE CONSULTANT AGREE THAT CERTAIN EXCLUSIONS
SHALL APPLY.
The Consultant will not: I
A. Directly or Indirectly participate In or Intervene in any political
campaign on behalf of or In opposition to any candidate for public
office.
B. Will not represent the interests of local constituents In pursuit of
federal business.
C. By virtue of this agreement, represent other local agencies in the
City except those which are instrumentelitiss or agencies of the
City. ~r
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D. Perform any legal, engineering, accounting, or other eimiler
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professional services.
E. Expend more than two thousand five hundred dollars 02,600.00)
provided by this contract In efforts to influence HUD directly, as
specified In Sea 7 (d) and 13 (g) of the Department of Housing and
Urban Development Act 42 USC 3535 (d) and 3537 b(g) and 24
CFR Sec. 88.1.
IV. THE CITY AND THE CONSULTANT AGREE
A. Either party may terminate this agreement at ?ny time bj giving the other
at least thirty days' written notice.
B. This agreement shall take effect on October 1, 1999.
V. PROFESSIONAL COMPETENCY
A. The Consultant agrees that in the performance of these personal services,
Consultant shall be responsible to the level of competency and shall use
the same degree of skill and care presently maintained by other practicing
professionals performing the same or similar types of work. For the
purpose of this Agreement, the key person who will be performing most
of the work hereunder shall be Barbara T. McCall. However, nothing
herein shall limit Consultant from using other qualified and competent
members of her firm to perform the services required herein so long as
they are working In a support role to Ms. McCall.
B. The City shall be able to make copies of any reports and documents
prepared or obtained under the terms of this Agreement, The City shall
be able to use copies of these reports and documents without restriction
on their use and without further compensation to Consultant.
Vi. ESTABLISHMENT AND MAINTENANCE OF RECORDS
Full and accurate records shall be maintained by the Consultant at its place of
business with respect to all matters covered by this Agreement. Such records
shall be mainmi
ned for a period of at least three years after receipt of final
payment under this Agreement.
VII, AUDITS AND INSPECTION
At any time during normal business hours and uNan reasonable notice to the r +
Consultant, there shall be made available to the City all of the Consultant's f I \
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records with respect to all matters covered by this Agreement. The Consultant
shall permit the City to audit, examine, and make excerpts or transcripts from
such records, and to make audits of contracts, Invoices, materials, and other
data relating to all matters covered by this Agreement.
VIII. INDEMNITY AND INDEPENDENT CONTRACTOR RELATIONSHIP
A. The Consultant shall perform all services as an independent contractor
not under the direct supervision and control of the City. Nothing herein
shall be construed as creating a relationship of smployer and employee
between the parties. The City and Consultant agree to cooperate in the
defense of claims, actions, suits, or proceedings of any kind brought by
a third party which may result from or directly or indirectly arise from
any negligence and/or errors or omissions on the part of the Consultant
or from any breach of the Consultant's obligations under this Agreement.
In the event of any litigation or claim under this Agreement in which the
City is joined as a party, Consultant shall provide suitable counsel to
defend City and Consultant against such claim, provided the Consultant
shall have the right to proceed with the competent counsel of its own
choosing. The Consultant agrees to defend, Indemnify, and hold
harmless the City and all of its officers, agents, servants, and employees
against any all such claims to the extent of coverage by Consultant's
commercial liability policy. The Consultant agrees to pay all expenses,
including, but not limited to attorney's fees, and satisfy all judgements
which may be Incurred or rendered against the Consultant's commercial
liability insurance policy. Nothing herein constitutes a waiver of any
rights or remedies the City may have to pursue under either law or
equity, including, without limitation, a cause of action for specific
performance or for damages, a loss to the City resulting from
Consultant's negligent errors or omissions, or breach of contract, and all
such rights and remedies are expressly reserved.
B. Consultant shall maintain and shall be caused to be in force at all times
during the term of this Agreement, a legally binding policy of commercial
liability insurance, with a rating of at least A. with Best Rated Carriers.
Such coverage shall cover any claim hereunder occasioned by the
Consultant's negligent professional act and/or error or omission, in an
amount not less than $500,000 combined single limit coverage
occurrence. In the event of change or cancellation of the policy by the
insurer, the Consultant hereby covenants to forthwith advise the City
thereof; and in such event, the consultant shall, prior to the effective f r
date of change or cancellation, serve substitute policies furnishing the a
same coverage. The Consultant shall provide a copy of such policy or
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the declarations page of the policy or a certificate of Insurance,
whichever is reasonably satisfactory, to the City through its City Manager
simultaneously with the execution of this Agreement.
IX. COMPLIANCE WITH LAWS
The consultant shall comply with all applicable laws.
X. GOVERNING LAW
This agreement shall be governed by the laws of the State of Texas, venue and
jurisdiction of any suit or cause of action arising under this agreement shall lie
exclusively in a court of competent jurisdiction sitting in Denton County, Texas.
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In witness hereof, the City of Denton, Taxes, has caused this agreement to be
executed by its duly authorized City Manager and Consultant has executed this j
agreement through its duly authorized President, dated this day of 1999.
FOR THE CITY OF DENTON, TEXAS
Mike Jez
City Manager
Attest:
Jennifer Walters
City Secretary
Barbara T, McCall, President
Barbara T. McCall Associates, Inc.
1401 K Street, NW Suite 700
Washington, DC 20005
202.842.5430
Federal Employer ID 62.1906049 1
Approved to legal form:
By: 1
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Herbert L, Prcuty, City Attorney
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AGENDA INFORMATION SHEET
AGENDA DATE: October 19,1999
DEPARTMENT: Fiscal OperatlonLTax
ACM: Kathy DuBose
Fiscal and Municipal Services
SUBJErL
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING ADDITIONAL PENALTY ON DELINQUENT TAXES UNDER
SECTION 33.08, TAX CODE; AND PROVIDING AN EFFECTIVE DATE.
9ACKC'RRQIUNND.
The 760 Legislature, under House Bill 3549, provided for a new Section 33.08, Tax Code,
effective September I, 1999. Under this new provision, the additional collection penalty of
15% of the taxes, penalty and interest, sometimes referred to as attorney fees, may now be
imposed against those special delinquent accounts, which are characterized by "delayed
delinquency date". The purpose of the provision is to enable those taxing units whose 1
delinquent taxes are collected by private legal counsel to recoup their costs of collection on
accounts which became delinquent too late in the year to be covered by the routine May
notice under Sec. 33.07. The special delayed delinquency accounts covered by the new law
fall within the four following categories:
(1) Accounts subject to split payments under Sec. 3103 and which did not become
delinquent until July I;
(2) Accounts of over-65 or disabled homeowners subject to quarterly payments under Sec.
31.031 and which generally did not become delinquent until August 1;
(3) Residential homestead accounts located In disaster areas, subject to quarterly payments
under Sec. 31.032, and which generally did not become delinquent until August 1; and
(4) Accounts with delinquency dates, which were postponed until June 1 or later due to late
mailed tax bills under Section 3 L04.
FISCAL INFO NATION
No additional expenses will be incurred by the City of Denton. f
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Res tfully su itt : 1 1
Diana 0. Ortiz
Director of Fiscal Operations
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING ADDITIONAL PENALTY ON DELINQUENT TAXES UNDER SECTION
33.08, TAX CODE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas has contracted with private legal counsel to en-
force collection of delinquent property taxes pursuant to Section 6.30, Texas Tax Code; and
WHEREAS, such private legal counsel is entitled to 15% of the delinquent taxes, penalty,
and interest which are collected and subject to the contract, and the City of Denton, Texas has
previously imposed the additional penalty for collection costs under Section 33.07, Texas Tax
Code; and
WHEREAS, the 76'^ Legislature amended Section 33.08 of the Texas Tai Code to
authorize the City of Denton, Texas to further provide that taxes that become deli. nit on or
after June I of the year in which they become delinquent shall incur an additic,.dt penalty not to
exceed I5%ofthe tax, penalty, and interest In order to defray costs of collection; and
WHEREAS, the City Council deems it in the fablic interest to impose this additional
penalty on taxes that become delinquent; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That all 1998 taxes and taxes for all subsequent years which become delin-
quent on or after June I of the %ear in which they become delinquent shall, in order to defray
costs of collection, incur an additional penalty of 15% of the tax, penalty, and interest.
SECTION 2. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of .1999.
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JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: f
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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BY: I F ,AwJ &pi Lal Ow Dw~v PMnYk,l „n, y y„
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AGENDA INFORMATION SHEET Agenda No. qq . a4&
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AGENDA DATE: October 19,1999
DEPARTMENT: Planning Department
ACM: David Hill, 349.8314
SUBJECT - South Teasley Lane (A-88)
Consider adoption of an ordinance voluntarily annexing approximately 37 acres of land located
on the east side of Teasley Lane, approximately 700 feet south o, its intersection with Hickory
Creek Road, to approve a service plan for the annexed property, to provide a severability clause
and to provide for an effective date. Second Reading of the ordinance.
BACKGROUND
The petitioner requests the property be vo?untarily annexed. It is currently undeveloped except
for a dilapidated barn, which is no longer in use. The future extension of F.M. 2499, which is
identified as a primary major arterial by the DMP, will run across the eastern portion of the
property (see Attachment 6).
The proposed development of this property, including neighborhood-oriented services and a
single-family subdivision, if approved will require several public improvements:
1. Dedication of right-of-way along Teasley Lane and the proposed arterial
2. Construction of sidewalks.
3. Construction of internal streets.
4. C'onstruclion of turn lanes.
s. Participation in construction of a traffic signal.
6. Storm water drainage improvements.
7. Installation of fire hydrants.
8. Dedication of public utility casements,
9. Extension of water and sewer lines.
10. Construction of underground electric utility facilities.
The proposed single-family subdivision will be subject to the park dedication and park
development fees in accordance with the Park Dedication Ordinance (Ord. 98.039).
In accordance with the City's annexation policy plan, approved in June 1993, the City will
"assess on a case by case basis the annexation of areas in the ETJ when significant developments
are proposed." f
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An annexation service plan has been provided for City Council and public review during the j~
annexation process (see Attachment 8 - Exhibit B), The capacity or V.astructure such as
waster, wastewater, streets, electric service, and other services such as police, fire, recreation,
and general government are evaluated with . crnrct to the proposed annexation.
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PRIOR A TION/R Nt .W
July 27,1999-City Council received a report, held discussion and provided staff with direction
regarding the annexation of the subject 37.03 acre tract
August 3,1999-City Council conducted the first of two public hearings concerning the
annexation of the subject 37.03 acre tract.
August 11, 1999-Planning and Zoning Commission recommended approval of the proposed
annexation and zoning districts.
August 17,1999 - City Council conducted the second oftwo public hearings concerning the i
annexation of the subject 37,03 acre tract.
September 7,1999 - City Council conducted the first of two readings of the annexation
ordinance for the subject 37.03 acre tract.
ESTIMATED PROJECT SCHEDULE.
This Is the second of two readings of the ordinance to be conducted by City Council
concerning this annexation. The schedule is consistent with the requirements of state law (see
Attachment 10). This proceeding concludes the annexation process and will result in the
incorporation of the subject property.
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FISCAL, INFOWNIATION
None at this time.
RECOMMENDATION
The Planning and Zoning Commission recommends approval of the annexation (6-0).
PUBLIC NOTIFICATION ,
Seventeen (17) residents within five hundred feet were sent courtesy notices informing them of
the annexation (see Attachment 5),
cU"I'ACIIMENT;i
I . Location Map
2. Vicinity Map
1 Zoning Map
4, Utilities Map
5. 200 - 500 Foot Notice Map
6. Demon Mobility Plan Map
7, Annexation Schedule A,,
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8. Drat Ordinance
9. Planning and Zoning Commission Minutes for A-88, August 11, 1999
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Res tfully submitted:
Mark Donaldson
Assistant Diroclor of Planning and Development
Prep d by:
Wayne R d
Planner It
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ATTACHMENT I
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NORTH
A-88 8F Z-99.039 (Teasley Lane Near Hickory Creek)
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8<FOry CrMF
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LOCATION MAP
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Agenda Date: October 19, 1999 Scale: None
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ATTACHMENT 2
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NORTH
A-88 & Z-99-039 (Teasley Lane Near Hickory Creek)
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Oakmont
Country Club
Hickory
• Creek Ranch
At {
VICINITY MAP
Agenda Date: October 19, 1999 Seale: None t
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ATTACHMENT 3
6.
A-88 & Z-99-039 (Teasley Lane Near Hickory Lane) NORTH
A ETJ
ETJ
5F•7 A ETJ PD•111
ETJ
ETJ Q
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ZONING MAP
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Agenda Dale: October 19, 1999 Scab: None
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ATTACHMENT 4 9.
A-88 & 2.99.039 (Teasley Lane Near Hickory Creek) NORTH
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EXISTING UTILITIES MAP
• Hydrants
- • Water LIne (W. L.)
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Sewer Line (S. L.) '
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Agenda Date: Oclober 19, 1999 Scats: None
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ATTACHMENT 5 4
NORTH
A-88 & Z-99-039 (Teasley Lane Near Hickory Creek)
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200 - 500 FOOT NOTICE MAP
Agenda Date: October 19, 1999 Scale: None
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ATTACHMENT 6
A-88 & Z-99.439 (Teasley Lane Near Hickory Creek) NORTH
4 y
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1 DENTON MOBILITY PLAN MAP
N Freeways
r Primary Major Arterlals
Secondary Major Arterials
Collectors
Ageoda Data: October 19, 19a9 Scale: None
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ATTACHMENT 7
VOLUNTARY ANNEXATION SCHEDULE:
TEASLEY LANE NEAR HICKORY CREEK (A-88)
Rniied Ampo W, !•9V
May 11, 1999 Annexation petition received. Before staff Initiates casework, petitioner
requests staff to wait while the petitioner conducts further research, On June
21, 1999, petitioner requests staff to resume proceedings.
July 27, 1999 City Council receives a preliminary assessment, gives direction to staff and
considers approval of a schedule for public hearings regarding the proposed
annexation,
o Preliminary Annexation Assessment prepared.
o Annexation Schedule prepared.
Saturday, July 18"' Notice published in Denton Record-Chronicle for first City Council public
hearing concerning annexation.
Sunday, August 1" Notice published In Denton Record-Chronlcle for second City Council public
hearing concerning annexation,
Sunday, August 1" Notice published In Denton Record-Chronicle for Planning and Zoning
Commission public hearing concerning annexation and proposed zoning.
Tuesday, August 3"' City Council conducts first public hearing,
• Public notice must ba no less than 10 days and no more than 20 days
before public hearing.
❑ Annexation Study prepared and available for public review.
o Service Plan prepared and avallable for public review.
Wednesday, August 11" Planning and Zoning Commission holds a public hearing and considers
making a recommendation to the City Council regarding the proposed
annexation and proposed zoning.
Public notice must be no less than 10 days before public hearing,
Tuesday, August 17'" 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, September 7'^ City Council by a four-fifths vote Institutes annexation proceedings.
First reading of annexation ordinance.
• Action must be more than 20 days after the second public hearing but
less than 40 days from the first public hearing.
Sunday, September 12" Publication of annexation ordinance with service plan In Denton Record-
Chronicle.
Sunday, September 12" Notice published In Denton Record-Chronicle for City Council public hearing ~
concerning annexation and proposed zoning.
• Public notice must be no less than 15 days before public hearing. r 4
Tuesday, October 12* City Councll by a four-fifths vote takes final action. Second reading
and edoption of them nnexation ordinancit. City Council considers
approval of zoning request
• Council action must be more than 30 days after publication of ordinance
and less than 90 days after council Institutes annexation proceedings.
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0 LOL I ILI IN,u[oa[IfLOLb orrw O.air,x w.,, II QCl, Y I
roe
ORDINANCE NO,
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 37.03 ACRES OF
LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED
ON THE EAST SIDE OF TEASLEY LANE APPROXIMATELY 700 FEET SOUTH OF
HICKORY CREEK ROAD IN THE COUNTY OF DENTON, TEXAS; APPROVING A
SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A•88)
WHEREAS, Mark Weatherford, on behalf of John Whatley, has petitioned for
annexation of 37.03 acres of land to the city of Denton, Texas; and
WHEREAS, the City of Denton on July 27, 1999, heard the petition and agreed to grant
the petition for annexation of 37.03 acres of land described herein- and
WHEREAS, on August 11, :999, the Planning and zoning Commission recommended
approval of the petition for annexation; and
WHEREAS, public hearings were held in the Council Chambers on August 3, 1999, and
August 17, 1999, (both days being on or after the 40 day but before the 20'x day before the date
of the institution of the proceedings) to allow all interested persons to state their views and
present evidence bearing upon this annexation; and
WHEREAS, annexation proceedings were instituted for the property described herein by
the introduction of this ordinance at a meeting of the City Council on September 7,1999; and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton on September 12, 1999, after annexation proceedings were instituted and
30 days prior to City Council taking final action, as required by City Charter, and
WHEREAS, the City Council finds that the annexation will he in compliance with the
19SS Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth
management Strategies and Plan; NOW, THEREFORE,
TI IE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION-1. That the tract of land described in Exhibit "A", attached hereto and
incorporated by reference, is annexed to the City of Denton, Texas.
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SFC'r,~. [oN 2, that the service plan attached as Exhibit "B", and incorporated by
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reference, which provides for the extension of municipal services to the annexed property, is
approved as part of this ordinance,
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SECTION 3. Should any pert of this ordinance be held illegal for any reason, the holding
shall not affect the remaining portion of this ordinance and the City Council hereby declares it to
be its purpose to annex to the City of Denton all the real property described in Exhibit "A"
regardless of whether any other part of the described property is hereby effectively annexed to
the City. If any part of the real property annexed is already included within the city limits of the
City of Denton or within the limits of any other city, town or village, or is not within the City of
Denton'sjurisdiction to annex, the same is hereby excluded from the territory annexed as fully as
if the excluded area were not expressly described in this ordinance.
SECTION 4. That this ordinance shall become effective immediately upon its passage
and aroroval.
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; A41 9~1
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EXHIBIT A
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A-88 (TEASLEY LANE)
37.03 acres
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 part of a (called) 37.08 acre
tract of land described in a deed to John E. Whatley at ux, as recorded in Volume 588,
Page 109 of the Deed Reoords of Denson County, Texas, and being more particularly
described as follows;
BEGINNING at a point for corner at the southeast cemerof said 37.08-acre tract;
THENCE South 890 59' 00" West with the south line of said 37.03 acre tract, a distance
of 2489.65 feet to a point for corner on the existing city limits tine as established by
Ordinance No. 65-43 tract ill, said point lying 6 feet east of and parallel to the east right-
of-way of RM. Road 2181;
THENCE North OG° 50' 10" West, 5 feet east of and parallel to the east right-of-way of
F.M. Road 2181 and the west line of said 37,08 acre tract, a distance of 476.33 feet to a
point for comer;
F
THENCE North 010 21' 10" West, 5 feet east of and parallel to the east right-of-way of
F.M. Road 2181 and the west lino of said 37.08 acre tract, a distance of 164.38 feet to a
point for corner on the north line of sold 3'.08 acre tract;
THENCE North 89° 34' 07" East with the north line of said 37.08 acre tract, a distance
of 2478.03 feet to a point for corner at the northeast corner of said 37.08 acre tract; ,
THENCE South 01 ° 67'00" East with the east line of said 37.08-acre tract, a distance of
658.91 feel to the POINT OF BEGINNING and containing In all 37.03 acres of land.
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A-M LEGAL OESCMTION PAGE 1 OF 1
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EXHIBIT B
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ANNEXATION SERVICE PLAN
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CASE NUMBER: A-68 (Teasley Lane Near Hickory Creek)
AREA: 37.03 acres
LOCATION: East side of Teasley Lane approximately 700 feet scath of Hickory Creek
Road in the City of Denton's Extraterritorial Jurisdict:on (ETJ).
Municipal services to the site described above shall be furnished by or on behalf of the City of
Denton, Texas, at the following levels and in accordance with the following schedule:
A. Police Protection
1. Police service, including patrolling, response to calls, and other routine functions, will
be provided to the property on the effective date of the annexation using existing
personnel and equipment.
B. Fire Protection
1. Fire protection (within the limits of existing hydrants) and emergency medical services
will be provided to the property on the effective date of the anak . t using existing
personnel and equipment.
C. Solid Waste Collection 1
1. Solid waste collection service will be provided to the property on the effective date of
the annexation using existing personnel and equipment '
D. Water/Wastewater Facilities
1. Maintenance of water and wastewater facilities in the area to be annexed that are not
within the service area of another water or wastewater utility will be begin on the
effective date of the annexation using existing personnel and equipment.
E. Roads and Streets
L Maintenance of roads and streets, including road and street lighting, in the area to be
annexed will begin on the effective date of the annexation using existing personnel and
equipment.
2. Upon developmeet of the area, roads and streets will be extended to the property in
accordance to the Denton's Mobility Plan and the appropriate provisions of Article III of
Chapter 34 of the Code of Ordinances.
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F. Parks and Recreation Facilities
1, Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in
the area to be annexed will begin on the effective date of the annexation using existing
personnel and equipment. However, there are no existing parks, playgrounds,
swimming pools, and other recreational facilities in the area.
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ANNEXATION SERVICE PI AN a
(A-88)
Teasley Lane Near Hickory Creek
G. Electric Facilities
L Electric utility service will be provided on the effective date of the annexation using
existing personnel and equipment.
11. Library Services
1. Library services will be provided on the effective date of the -nexation using existing
personnel and equipment.
1. Code Enforcement, Building Inspections and Consumer Health Services
1. Code enforcement, building inspections and consumer health services will be provided
on the effective date of the annexation using existing personnel and equipment.
J. Planning and Development Services
1. Planning and development services will be provided on the effective date of the
annexation using existing personnel and equipment. The Planning and Development
Department currently provides services this property by way of administration of `
Chapter 34 of the Code of Ordinances, concerning subdivision and land development
regulations.
K. Capital Improvements Program (CIP)
The CIP of the city is prioritized according to the following guidelines:
(1) Provision of Capital Improvements as compared to other areas wili 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.
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Planning and Zoning Commission Minu. ATTACHMENT 9
August 11, 1999 4
Page 4 of 6
Planned Development. (Z-99-055. Robson Ranch Water Reclamation Plant, Larry
Reichhart)
Motion by Salty Rishel and seconded by Perry McNeill to recommend approval to City Council.
'Discussion of item Is Included in Court Reporters transcript attached to this set of minutes
(Page 136),
Motion carries 6-0.
PUBLIC HEARING -ANNEXATION
11. Hold a public hearing and consider making a recommendation to City Council
concerning the voluntary annexation and zoning of 37.11 acres located on the east side
of Teasley Lane approximately 700 feet south of Hickory Creek Road In the
extraterritorial jurisdiction of the City of Denton, Texas. (A-88, and Z-99-039, Teasley
Lane Near Hickory Creek, Kathryn Nilssen)
a. Consider making a recommendation to City Council concerning the voluntary annexation.
(A-88, Teasley Lane Near Hickory Creek, Kathryn Nilssen)
Motion by Susan Apple and seconded by Elizabeth Gourdie to recommend approval to City
Council.
'Discussion of item is included in Court Reporter's transcript attached to this set of minutes
(Page 139).
Motion carries 6-0,
b. Consider making a recommendation to City Council concerning the zoning of two (2)
acres to Neighborhood Services (NS) zoning district and thirty-five acres (35) to a One-
Family Dwelling 7 (SF-7) zoning district. (Z•99-039, Teasley Lane Near Hickory Creek,
Kathryn Nilssen)
Motion by Elizabeth Gourdie and seconded by Salty Rishel to recommend approval to Coy
Council
'Discussion of item is included in Court Reporter's transcript attached to this set of minutes
(Page 139).
Motion carries 6-0.
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12. Hold a public hearing and consider making a recommendation to City Council
concerning the voluntary annexation and zoning of 48.21 acres generally located at the
southeast corner of Nowlin Road and Robinson Road in the extraterritorial Jurisdiction of
the City of Denton, Texas. (A-91. Kirby Tract, Larry Relchhart)
a. Consider making a recommendation to City Council concerning the voluntary annexation.
(A-91. Kirby Tract, Larry Retchhart) '
Motion by Elizabeth Gourdie and seconded by Susan Apple to recommend approval to City
Council.
'Discussion of item is included in Court Reporter's transcript attached to this set of minutes
(Page 147).
Motion carries 6.0.
LCondeaacltr" j
Pan 137 Pyle 139
1 and one was oo page 3, which 1 made, and tin one is on I In the audience to speak in favor of this Item No. 107 n
= Page 9• 2 Anybody In the audience to speak against? Anybody to
3 Mit. ItFKEHART: The confusion witb that 3 speak against? Seeing Doric, we have the staffs
4 because they're the same Agenda item You had ulna 4 mommendatioo for approval. And I'll close the public
S backup for the June 23rd staff report was a condition, 5 hearing and ask for a motion.
6 so you might be looking at that motion from the previous 6 M1L 1uSHEL Motion. I move to recommend
7 June 23rd. 7 approval of Z•9"35. j
9 MsL RUSHEE: Thank you for your 8 M& MCKEILL Second.
9 clarification. 9 MR. POWELL, we have a motion and we have a 1
10 MIL POWELL: Thank you for catching it. Go 10 second. Any discussion on this motion? Seeing no f
I I ahead, Mr. Reichhart. We're looking at this location I1 request for discussion, all in favor raise your hand.
12 right hero. 71ie CS which is a community service, 12 We have six hands in favor, zero against.
13 identified as a community service on the Whole 13 MR. Rtsm- Mr. Bob, 1'd like to point out
14 development, what We're looking at tonight is the Detail 14 that I& Engelbmcht always says nose your right hand
IS Plan for the water reclamation plant that is being IS and I really appreciate the opportunity to to either
16 constructed by the developer and upon completion at a 16 raise my right hand or my left time so I can get
17 certain time in the future, it will be dedicated to the 17 exerci in or those. So thank you v much.
i 8 City . The City will take over maintenance of that. LL 1 purposely have
19 This is not a manned facility. 72rere's alarms that come 19 you down to your right hand. No. 11, public hearing,
20 back to the main control station here In the City. So 20 annexation, hold a public hearing and consider making a
21 traffic to the site is very thin mal, 21 recommendation to City Council concerning the volun
22 And at the time as this property is 22 annexation and zoning or 37.11 acres located on the east
23 completely surrounded by either the Robson property or 23 side or Tessley lent approximately 700 feet south of
24 outside the City limits there was no notification except 24 Hickory Creek Road in the extraterritorial Jurisdiction
25 to the property ow ocr. We did post a sign on the site 25 of the City of Denton, Texas. Ms. Nilsson.
Page l38 Page l40
I and there were advertiwincrits in the paper. Staff Is 1 Ms. h'1tsS&v: Thank you, Mr. Chairman,
2 recommending approval. 71it proposed Detail Plan Is in 2 Commissioners. As mentioned this is a request for
3 compliance with the concept plan and morts all the 3 voluntary annexation and zoning. The property is
4 requirements of the Detail Plan as identified in Section 4 located about 700 feet south of Hickory Creek Road in
5 35.176 of the Code of Ordinance. Tborprm, staff is 5 this location. I'll give you a vicinity map. The
6 recommending approval of Z•99.035. 6 petitioner is requesting the property be zoned 35 acres
7 MA POWELL! Staff has recommended approval. 7 Single-Family 7 and two acres, Neighborhood Services
e Is three any questions of staff at this stage of the 8 With Conditions. The petitioner has recently put more
9 gam' Seeing none, I'll ask if thews anybody lust 9 restrictions on the Neighborhood Services that was
10 I'll ask if there is anybody from Robson Ranch that 10 initially a Gtteral Retail district. But he has elected
11 would like to speak about this? 11 to make that Neighborhood Serviom
12 MR T11011TON: Ijust want to identify 12 The neighborhood seniors is in thew
13 myself My name is Stevan Thorton I'm the project 13 northwest corner of the property and staff does
t 4 manager of construction with Robson Ranch. I live at 14 recommend that they be developed to serve the immediate
15 1619 Villa Court in Corinth. I'm proud to be here in 13 nco& of the neighborhoods. This property was well,
16 Texas and representing this conununity. If there art any 16 this request was published in the Denton
17 questions 1 can answer at a I ater time, I think staff 17 Rocord-Chronicle Aug" I st and throe property owner r
18 has probably done that, but 1 have some non. 1 Will 18 wtre notiPod and 17 courtesy notices were sent out
19 not actually be directly Involved in building this 19 Staff does recommend approval of A•89 for annexation. ~t
20 particular site, I'll be in charge of all the vertical 20 The Armcxatioa Savior Plan indicates that the area can
_ 21 construction. 21 be served and the request is generally consistent with
22 MA POWELL, Thank you. Just stick tight a 22 the Dutton Plan and the 1998 Denton Plan Policies,
23 second. Let's sex if that's any questions here. No 23 Staff recommends approval of Single-Family 7
24 questions shown, We'll go and ask if there's anybody in 24 zoning district. This request Is consistent with the
25 the sudience who would like to speak in favor. Anybody 25 1988 Denton Policies and the 1998 Denton Plan Policies,
PLANNING & ZONING AUGUST I Is 1999 Page 137 - Page 140
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Page 141 Page 143
3 as well, fording that it provides for compatible land I anyplace for anyone to go end hang out or run around or .
2 uses and protects existing land uses. And also staff 2 whatever, I'm just trying to uedwstend the need fa
3 recommends approval or the Neighborhood Services zoning 3 SF-7 without any open space.
4 district with Gmditions. Those conditions are that the 4 MR. WFATI4ERFORD Actually, we will have
S uses be restricted as listed in Endostme 7, that the S some open space. We will probably have approximately
6 lighting on the property shall be designed and 6 five acres on the kind of the eastern portion, which is
7 maintained so as not to shine on or otherwise disturb 7 lloodplain which we will leave open. We will not touch
8 m7o nding residential property or shine end project 8 it
9 upward to prevent the diffusion into the night sky, and 9 MS. GOURDIE: Okay. All right. Thank you.
to that site plan must be submitted and approved prior to 10 MR POWELL, Any other questions of the
I t development. J I petitioner? Seeing no other questions, thank you, sir,
12 MR POWELL: Anyone have a question of staff 12 Anybody in the audience want to speak in favor of this
13 at this time? Ms. Ciourdie. 13 isle? Anybody wanting to speak in favor? Anybody wish
14 MS. GOIIRDIE: Thank you, Abere is the 14 to speak Against? Anybody wish to speak against?
13 nearest park Send? 15 Nobody is speaking for or against I'll ask the staff
16 MR. NILSSEN: The nearest park land? 16 for final recommendations. And 1 understand we have to
17 MS. Comm: or open Spay that these 17 do this out at a time so if you would just make a
18 people can go to? 18 recommendation on I la and then we'll call you again
19 MA DONALDSON: Probably be the area 19 for 11 b.
20 adjacent to McNair Elementary down Hickory Crock Road. 20 MS. P7ISSEN: okay. Staff recom rends
21 That would be the only dedicated park land in that ans. 21 approval of A•88 for annexation
22 MS. STLSSEN: Tle maj Ority Orthe 22 MR. POWELLr 7bank you very much. There's
23 surrounding property is in the ET) at this point. So 23 no conditions on that, I Suppose. ,
24 I'm not familiar with what's actually dedicated in the 24 MS. NTLSSEr: No, sir.
25 ETJ. 25 MR POWEU„ It's just a straight annex
Page 142 Page 144
1 MS. GOURDI E: So you say McNair which is I recommendation. Do we have a motion since I'm now
2 down IIickory Crock Road about a mile and a half down the 2 closing the public hearing?
3 road. Is that what you're speculating on that? 3 Ms. APPLE: r11 move to recommend approval
4 MP DONALDSON: 1 don't know what the 4 of A•88 for annexation.
S distance is but that's probably pretty close. S MR POWELL: We have a motion. Is there a
6 MS.GWRDIE: okay. Thank you. 6 second?
7 MR PowE tl : I have a question. I can't 7 MS. GOURDIE: Second.
8 find the conditions In my backup. Give me a page number 8 MR POWELL. we have a second. Any
9 please. 9 discussion on this motion? Seeing no request for
10 MS. N1L55EN: Page 5. to discussion, I'll ask for a vole. All In favor raise
I I MR. POwELL! I'm Sorry, I found them. It's I I your hand. I have six hands in favor, zero against. We
12 born pointed out to enc. Thank you. Any other questions 12 move onto Item I lb and ask for staff recommendation.
13 of staff at this time? Seeing no questions of staff, 13 MS. Nn.LSEN: Staff recommends approval of
14 HI ask if the developer is here and would like to 14 Z•99-039 for Single-Family 7 zoning district far 35
15 speak on this issue or petitioner as this case may be. 15 acres and for Neighborhood Services with Conditions for
16 MR. wEATHERFORD My name is Mark 16 two acres, with the conditions as outlined,
17 Weatherford, 4005 University Boulevard, Dallas, Texas 17 MR Pow'E lL With the three conditions
t8 I'm hear to answer any questions. 18 listed above on page 5, canna?
A
19 MR POWELL! Anybody have any questions or 19 Ms. le'A"Lm Yea, sir.
20 Mr. Weatherford? Ms. Gourdie 20 MR. P FtL. Thank you very much. 1 did f t `
21 Ms. oovitDm: Mr. Weatherford, I we that 21 find them, see, with a little help. All right.
22 you want to put SP-7 homes which you say is 22 Questions? We have it
23 approximately 140 hones on the property, without any 23 MS. GOURnsE: For legal counsel. I keep
24 open space. And I know that that's boconting a 24 forgetting that Mr. Weatherford brought up the point
25 controversial issue to We density like that without 2S that they would like to make the floodplain an open
PLANNING & ZONING AUGUST It, 1999 213, Page 141 • Page 144
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Page 145 Page i1?
1 erns, not developable. Is this part of this case or 1 11 there any discussion on this motion? Swing no
2 does that go further into our next step? 2 request for discussion or questions, I will ask for a
3 MR. BUCER You know, I think this is a 3 vote, All In favor raise your hand, We have six bards
4 straight zoning so there really won't be a development 4 in favor, acrd against. Passes.
5 plan later. So based on his statement there, you may S And we're moving quickly onto Ircm 12, if
6 want to add a condition that under your general 6 f have this right. Hold a public hearing and consider
7 categories you could have those I I or 19 different 7 making a recomrnendatlon to City County concerning the
8 conditions. One of them could be that five acres of s voluntary annexatioa end zoning of 46.21 acres generally
9 open space be requited. 9 located at the southeast corner of Nowlin Road and
10 MS. GOURDIE: Could I ask Mr. Weatherford to 10 Robinson Road In the extraterritorial jurisdiction of
I I come up here for just a moment? I l the City of the Denton, Texas. W. Reichhart 0h, for
12 MR. POWELL: Absolutely. Let's have 12 the record, sir, this is Item 12.
13 everybody here on the same page. 13 MR. REICHRART: Thank you. The site that
14 MS. GOURDIE: Mr. Weatherford, I would like 14 we're looking at lonight for annexation and Agricultural
15 to clarify that with you, please. IS zoning Is adjacent to the Wheeler Ridge site that we
16 MR. WFATHERNDRD; We have not calculated 16 looked at two wicks ago and it Is just north or the
17 exactly how many but we think it's approximately five 17 previous case, another graphic that identifies some of
I s acres. 18 the recent activity in this area. The fast one than
19 MS. GOURDIE: If f make the motion with the 19 came up was The Top of the Hill, then to the troth was
20 condition that the floodplain in your southeastern 20 Wheckx Ridge. We just looked at A-88 and now we're
11 portion of your property be dedicated as open space? 21 looking at the site adjacent to Wheeler Ridge. This
22 MR. WFATHERFORIT. That would be fine. The 22 site is either being purchased or is purchased by the
23 floodplain, that would be fine. 23 owners of Wheeler Ridge also and they're going to try to
24 MS. GOURDIE: I just wanted to make sure 24 incorporate the Iwo developments and work them together
25 that would be all right. Thank you, Mr. Weatherford. 23 At this time we're looking at Agricultural zoning. I
Page 146 Page 148
1 MR POWEL L: Any other comments by staff? 1 They're still going through their analysis as to what
2 We have your recommendation. And I'll close the public 2 the best configuration will be for this site.
3 hearing if 1 haven't at Cady done that. I guess I hare. 3 But we arc looking at annexation for the
4 Are there any further questions of staff? Is there a 4 zoning there were five property owner notifunl. We
S motion on the floor? S have gotten one response back In favor. And as I was
6 MS GOL'RDIE: I'll make the motion. 6 going through the report 1 see that that response is
7 MR. POWELL: Nis. Gourdie 7 missing and I just tried to look for it, can't find it.
8 MS. COCRI)M t nova to recommend approval 8 So 1 will try to make that available for City Council.
9 of Z-99.039 with the conditions as outlined by staff, 9 Regarding the annexation, the Growth Management Plan
to finding th, t it is consistent with the 1988 Mown 10 indicates that this era should be developed as low
I 1 Development Plan and it is consistent with the 1998 11 density residential. And since thus property is outside
12 1-velopnent Plan and Growth Management Plan. It 12 the City limits, annexation is the logical step to
13 provides compatible land use,, a mixture of lot sires. 13 ensure that this does occur. It will provide the City
14 Sorry, SF -7 straight zoning, how is that a mixture of 14 or Denton the authority to regulate land uses based upon
15 lot sizes? 15 a zoning classification. Therefore, staff does
16 bus. %iLmLm when you compare it to the 16 reconunced approval or A-91, We can move onto the zoning
17 surrounding areas, the surrounding land uses. 17 or wait.
18 MS. COURD1E! okay, And the opportunityof I11 M0. POWELL Why don't you give us your r
19 neighborhood-type services with a,t additional condition 19 recornnendatiom as that also.
20 that the floodplain located in the southeast portion of 20 MR. REKHRART: 1 shall. As this is
21 the property will be dedicates) for open space. 21 coming in right now as Agricultural zoning. That Is our
22 MR. rowEtt: Is there it second to Ms. 22 most restrictive classification and would be in
23 Gourdie's motion? 23 substantial comp( anoe with the '93 Denton Plat Policies
24 MR. RISIiEL Second. 24 and Growth Manager ont Plan. Staff doer recommend
23 MR POWELL- We have a motion) and a second. 25 approval of Agricultural zoning classification for A-91.
PLANNING & ZONING AUGUST Ili 1999 Page 14S - Page 148
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AGENDA INFORMATION SHEET Agenda No.
Agenda hem 410
AGENDA DATE: October 19, 1999 Date 1 f
DEPARTMENT: Planning Department
ACM: David Hill, 349-7233
B F -Kirby Tract (A-91)
Consider adoption of an ordinance voluntarily annexing approximately 46 acres located
at the southeast comer of Nowlin Road and Robinson Road, to approve a service plan For
the annexed property, to provide a severability clause, and to provide for an effective
date. Second reading of ordinance.
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BACKGROUND kk
The petitioner requests the property be annexed and zoned with an Agricultural (A) land use jl
designation and classification.
The petitioner is also the owner of Wheeler Ridge, located to the west and adjacent to the subject t
property. They have submitted a Planned Development zoning request for single-family
development to rezone approximately 39 acres of the tract. It is anticipated that the council will
hear this zoning request on November 2,1999.
A preliminary annexation Service Plan has been prepared for City Council and public review 1
during the annexation process (see Attachment 3). The capacity of infrastructure such as water,
waste water, streets and electric service and services such as police, fire, recreation, and general
government are evaluated with respect to the proposed annexation.
RECOMMENDATION
The Growth Management Plan indicates that this area should be developed as residential
neighborhood centers, Since this property is outside of the city limits, annexation is the logical
step to ensure tliat this occurs. It will provide the City of Denton the authority to regulate land
use based upon a zoning classification. The Planning and Zoning Commission recommended
annexation of the property (6-0).
PRIOR ACTION/RF1'IEW { ouocil Boards ommi sloe 1
• On August 11, 1999, the Commission recommended approval (6-0) of the utnexation and the
Agricultural (A) tore! district classification. t, c
• On October 13, 1999, the Commission recommended approval (7-0) of a Concept Plan for a
Planned Development zone district for approximately 39 acres of the property.
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FISCAL INFORMATION
None at this time.
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ATTACHMENTS
1. Planning and Zoning Commission staff report for August 11, 1999, A-91,
2. Planning and Zoning Commission minutes from August 11, 1999.
3. Drafl Ordinance,
Respectfully submitted:
Mark Donaldson
Assistant Director, Planning and Development
Prepared by.:/
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L eichhart
Development Review Manager
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9! _nd N-odnrr a~~-uJr Rn~urH da2.
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ATTACHMENT 1 _
PLANNING AND ZONING COMMISSIONS
STAFF REPORT
ub ec : Kirby Tract Case Number: A-91
Sta : Larry Reichhart, Development Review Manager ,(agenda Date: August It. 1999
Hold a public hearing and consider making a recommendation to the City Council concerning the
proposed voluntary annexation and subsequent zoning to Agricultural (A) zoning district of 46.21
acres. The property Is generally located at the southeast corner of Nowlin Road and Robinson j
Road in the extraterritorial Jurisdiction of the City of Denton.
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LOCATION MAP
Location: The property Is generally located at the southeast corner of Nowlin Road and Robinson
1 Road In the extraterritorial jurisdiction of the City of Denton
Size: 46.21 acres
5fenan~e
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ATTACHMENT 1 /QI~dlMD
PLANNING AND ZONING COMMISSION ~ r~
STAFF REPORT
Subject: Kirby Tract Case Number: A•91
Sta : Larry Reichhart, Development Review Manager Agenda Date: August 11, 1999
IfW
Hold a public hearing and consider making a recommendation to the City Council concerning the
proposed voluntary annexation and subsequent zoning to Agricultural (A) zoning district of 46.21
acres. The property Is generally located at the southeast corner of Nowlin Road and Robinson
Road in the extraterritorial Jurisdiction of the City of Denton.
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LOCATION MAP 1
Location: The property Is generally located at the southeast corner of Nowlin Road and Robinson
Road In the extraterritorial jurisdiction of the City of Denton
Size: 46.21 acres
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GENERAL.'INF,ORMATION';
Applicant: Owner(s):
Dowdey, Anderson & Assoc., inc. Jerry Keith 6 Sandra Gail Kirby
5225 Village Creek Drive, Suite 200 Rt. 6 Box 41
Plano, TX 75093 Denton, TX 76205
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Cynthia Gayle Barthold
1788 W.F.M. 922
Valley View, TX 76272
SUMMARY,OF ANNEXAT(ON AND ZONING:REQUESTs ' ~2;r'`,M~S~?
As no zoning request was submitted with the annexation petition therefore the property wail be zoned
Agricultural (A), upon annexation. The petitioner is also the owner of Wheeler Ridge, located to the
west and adjacent to the subject property. They are currently analyzing potential zoning scenarios.
At this time they anticipate zoning the entire tract single-family residential. The final zoning and land
use configuration is somewhat dependent on the final alignment for F.M. 2499 (see Attachment 8).
The final alignment may provide an opportunity for neighborhood services a day care center or an
assisted living facility. Floodplain Issues might also provide a reason for use other than single-family
residential. The site is in the Extraterritorial Jurisdiction (ETJ) of the City of Denton.
Although an application for platting has not been submitted, If platted prior to annexation the proposed
development would be exempt from the park development fees of the Park dedication Ordinance,
because it Is located in the ETJ. If it were within the City, park development fees ($291 per residential
lot and/or unit) would be collected when building permits ware issued.
A preliminary annexation Service Plan has been prepared for City Council and public review durhg the
annexation process (see Attachment 6). The capacity of infrastructure such as water, waste water,
streets and electrk service and services such as police, fire, recreation, and general government are
evaluated with respect to the proposed annexation.
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PRIOR AMONIREVIEW fCouncil. Boards. Commissions)
July 17, 1999 - City Council approved annexation schedule.
August 3,1999 - City Council conducts first of two annexation public hearings,
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The ; ti~~I~ ~
COM bRwiEng E SIgVEa analysis based ANALYSIS
an Agricultural (A r e P 2 Ise y: igiw
zoning classification and use for the site.
Any subsequent request for a zoning change will be analyzed at the time the request is made.
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1988 Denton Development Plan Analysis
'he 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 develol. vent.
Neighborhoods are to to serviced by a network of small commercl31/retail centers spaced a, about
mile intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip
generation due to development within Low Intensity Areas is restricted to 60 trips per day per acre in
order to balance land use with road capacity. Staff finds the proposed development to be
consistent with both the policies and trip Intensity standards of the 1988 DDP (see Enclosure
2).
1998 Denton Plan Policies Analysis
The 1998 Denton Plan (DP) is to be used In conjunction with the 1988 Denton Development Plan in
evaluating the consistency of proposed development with the long range vision for the city. Staff
finds the proposed development to be consistent with the policies of the 1998 DP (see
Enclosure 3).
SPECIAL INFORMATION r t%^.
1. Transportation
A. Trip generation
No development Is proposed at this time. The permitted land uses allowed within agricultural (A)
zoning district are the most restrictive and trip generation would be minimal.
B. Road Capacity
Sufficient capacity exists in the surrounding road network to accommodate the minimal traffic Impacts
associated with development within an Agricultural (A) zoning district.
C. Pedestrian Linkages
Sidewalks along all public streets are required.
2. Utilities
A preliminary annexation Service Plan has been prepared for City Council and public review during
the annexation process (see Enciosurel, Attachment 6). The capacity of Infrastructure such as water,
waste water, streets and electric service and services such as police, fire, recreation, and general
government are evaluated with respect to the proposed annexation.
3. Drainage and Topography
New development will be required to design and construct is drainage system to city standards. A
preliminary drainage study will be required with the submission of a prelimlr3ry plat. The study must d ,
Include calculations of the 100-year storm for all drainage areas on this property and any area that ! t
drains towards this property. The developer must Indicate the method by which the run-off will be
married across the property or stored on the property.
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4. Signs
As per the sign ordinance. j
5. Off -Street Parking
New development must provide parking according to the regulations of Chapter 35 (35-301) of the
Code of Ordinances.
6. Landscaping
This property will have to comply with the new Landscape Code, which requires fifteen (15) trees per
acre and twenty (20) percent of all surfaces to remain pervious (plantable area).
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T. 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.
C. Lighting
Non-residential lighting on the property should be designed and maintained so as not to shine on or
otherwise disturb, surrounding residential property or to shine and project upward to prevent the
diffusion into the night sky.
9. Environmental Quality Impacts
No negative environmental Impacts have been identified.
PROPERTY.. HISTORY
August 3,1999 - City Council hold, a first of two required public hearing on the proposed voluntary
annexation. (see Enclosure 1, Attacnment 4).
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The subject property is not platted and would need to be platted prior to any development.
PUBLIC NOTICE;'.
41
Notice of the zoning request was published In the Denton Reoord-Chronicle on August 1, 1999.
Five (5) property owners were notified of the request on July 30, 190 (see Enclosure 1,
Attachment 7), As of this writing, there have been one response In favor of the proposal.
A neighborhood meeting has not been held.
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'ANNEXATION,FlECOMMENDAT .
IOM'~„~';,ti; , $`lxthe Growth Management Plan Indicates that this area should be developed as low density
residential. Since this property Is outside of the city limits, annexation is the logical step to ensure
that this in fad occurs. It will provide the City of Denton the authority to regulate land use based
upon a zoning cle3sification. Therefor9, staff recommends approval of A-91:
ANNEXATIONI MOTION,-?'-1 *;MWWIVI W.~ i1„r,d
I move to recommend approval of A-91.
As the proposed Agricultural (A) zoning district Is the most restrictive classification and would be in
substantial oompliance with the 1998 Denton Plan Polldes and Growth Management Plan, staff
recommends approval of Agricultural zoning dassificatlon for A-91.
20NiNG MOTION t"a
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1 move to recommend approval Agricultural (A; zoning district and land classification for A-91.
aJ~ ~i ~Yf'f r.., ~ t1.~715'."'~rt: ~i?.~a- iA ~'~r•'v.4 f m~C 1~ f: J~r'u.~:~i':5 ~i
1. Recommend approval as submitted.
2. Recommend approval with conditions.
3. Reoommend denial.
4. Postpone consideration.
5. T4ble Item.
1. August 3,1999 City Council Agenda Information Sheet (1" public hearing staff report).
2. 1988 Denton Development Plan policies Matrix.
3. 1998 Denton Plan Pollcles Matrix
4. Draft Ordinance
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ENCLOSURE 1
A/ VA, XNFORMATION SHEET ' ~ ' ~-O3D
Dob
AGENDA RATE: August 3,1999
DEPARTMENT: Planning Department
CM/DCMIACM: David Hill, 349-831 1
SUBJEt -A-91: (Kirby Tract)
Hold a public hearing regarding the proposed voluntary annexation of 46.21 acres located
at the southeast comer of Nowlin Road and Robinson Road. in the extraterritorial
jurisdiction of the City of Denton, Texas. The zoning at the time of annexation will be
Agricultural (A). (A-91, Kirby Tract)
BACKGROUND
The petitioner is also the owner of Wheeler Ridge, located to the west and adjacent to the subject
property, They are currently analyzing potential zoning scenarios. At this time they anticipate
zoning the entire tract single-family residential. The final zoning and land use configuration is E
somewhat dependent on the final alignment for F.M. 2499 (see Attachment 8). The final
alignment may provide an opportunity for neighborhood services, a day care center or an assisted
living facility. Floodplain issues might also provide a reason for use other than single-family I
residential. The site is in the Extraterritorial Jurisdiction (BTJ) of the City of Denton.
Although an application for platting has not been submitted, if platted prior to annexation the
proposed development would be exempt from the park development fees of the Park dedication
Ordinance, because it is located In the BTJ. If it were within the City, park development fees I
($291 per residential lot and/or unit) would be collected when building permits were issued.
In accordance with the City's annexation policy plan, approved In June 1993, the City will
"assess on a case by case basis the annexation of areas in the ETJ when significant developments
are proposed".
A preliminary annexation Service Plan has been prepared for City Council and public review
during the annexation process (see Attachment 6). The capacity of infrastructure inch as water,
waste water, streets and electric service and services such as police, fire, recreation, and general
government are evaluated with respect to the proposed annexation
RJR ACTION/REVIEW (Council, Boards. Commlasloosl
July 27,1999 - City Council Institute annexation proceedings r
FISCA[_. INFORMATION
None at this time.
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FR7TMA'pFD PROJ CT SCRKn P F
Thb Is the first of two public hearings to be conducted by the City Coandl eoneeroing thli
annexation. The schedule for public he, hW is consistent with the requirements of State law.
(see Attachment 4).
The Planning and Zoning Commfulon will hold a public hearing and consider making a
rocommendation to the City Council regarding the proposed annexation and zoning on
Wednesday August 11,1999•
A,TTAtE>y
1. • Location Map
2. Vicinity Map
3. Zoning Map
4. Annexation Schedule
5. UtilitiesMsp
6. Service Plan.
7. 500 Foot Notice Map
S. Denton Mobility Map
Respectfully submitted:
Mark Donaldson
Prepared by: Assistant Director of Planning and Development
y rchharl
Development Review Manager
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Attachment 9.
NORTH
►1 (KIRBY TRACT)
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LOCATION MAP
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ganda Data: Aug: %.1999 8cuto: None
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4.
At.chjnent 2.. • ,
(KIRBY TRACT) NORTH
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VICINITY MAP
ends Date: Aug. 3, .1899 Scale; None
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Attachment a
-91 (KIRBY TRACT) NORTH
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PD•111
M Ok*AOW
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ZONING MAP
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Agenda Data, Aug,•3,1999 Beam: None
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Attachment 4
I* (Kirby Tract)
ANNEXATION SCHEDULE
July 8,1999 Staff recelves annexation petition.
J4 27.1996 Citycouncil Waives a prellminary assessment, gives directlon"to
staff and considers approval of a schedule for public hearings
regarding the proposed annexation.
a PrelirrrinaryAnnexationAssessment preparod.
a Annexation Schedule prepared.
July 24,1999 Notice published in Denton Reoord-Chronicle for first public hearing.
a Annexation Study prepared and available for public review.
a SaMce Plan prepared and avaliable for public revlew.
August 1, 1999 Notice published in Denton Reoord-Chronide for Planning and
Zoning Commission public hearing.
August 3, 1999 City Council conducts first public hearing.
• Public notice must be no less than 10 days and no more than 20
days before public hearing.
August 7, 1999 Notice published in Denton Record-Chronlde for second City Council
public hearing.
August 11, 1999 Planning and Zoning Commission holds a public hearing and +
considers making a recommendation to the City Council regarding
the proposed annexation and the proposed zoning.
• Public notice must be no less than 10 days before public hearing.
August 17,1999 City Council conducts second public hearing.
• Public notice must be no less than 10 days and no more than 20
days before public hearing.
September 7,1999 City Council by a four-fifths vote institutes annexatlon proceedings.
First reading of annexation ordinance.
• Action must be more than 20 days after the second public hearing
but less than 40 days from the first public hearing.
September 19, 1099 Publication of annexation ordinano3 In Denton Record-Chronide.
October 19, 1999 City Council by a four-fifths vote takes final action. Second reading
and adoption of the annexation ordinance, City Council oonside re
epproval of zoning request.
• Council -action must be more than 30 days after publication of
ordlnanco and less than 00 days after council institutes
annexation proceedings,
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Attachment S
NORTH
•91 (KIRBY TRACT)
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EXISTING UTILITIES MAP
• Hydiants
Water Line (W. L.)
• - Sewer Llne (S. L.) ,
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Agenda Date: Aug. 3,1999 Scale; None
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ANNEXATIONSERVICE PLAN ,
CASE NUMBER: A•91 Nrby Tract)
AREA: 46.21 acres ' • 4
LOCATION: Southeast comer of Nowlin Road and Robinson Road, in the
extraterritorial Jurisdiction of the City of Denton, Texas.
Municipal services to the site described above shall be furnished by or on behalf of the City of
Denton, Texas, at the following levels and in accordance with the following schedule:
A. Police Protection
1. Police service, including patrolling, response to calls, and other routine functions, will
be provided to the property within sixty (60) days after the effective date of the
annexation using existing personnel and equipment.
B. Fire Protection
1. Fire protection (within the limits of existing hydrants) and emergency medical services
will be provided to the property within sixty (60) days after the effective data of the
annexation using existing personnel and equipment.
C. Solid Waste Collection
1. Solid waste collection service will be provided to the property within sixty (60) days
after the effective date of the annexation using existing personnel and equipment.
D. Water/Wastewater Facilities
1, Maintenance of water and wastewater facilities In the area to be annexed that are not
within the service area of another water or wastewater utility will be begin within sixty
(60) days after the effective date of the annexation using existing personnel and
equipment.
E. Roads and Streets
1. Maintenance of roads and streets, including road and street lighting, In the area to be f
annexed will begin within sixty (60) days after the effective data of the annexation using
existing personnel and equipment.
F. Parks and Recreation Facilities
1. Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in !
the area to be annexed will begin within sixty (60) days after the effective dale of the
annexation using existing personnel and equipment, HoweVer, there am no existing ,
parka, playgrounds, swimming pools, and other recreational facilities In the area.
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ANN,r;ltATXON, SERVICE PLAN
(A-89),.
Wheeler Ridge
O. Electric Faculties
1. Electric utility service will be provided within sixty (60) days after the effective date of
th6 annexation using existing personnel and equipin"t.:
H. Library Servlees
1. Library services will be provided within sixty (60) days after the effective date of the
annexation using existing personnel and equipment.
1. Code Enforcement, Banding Inspections and Consumer Health Services
1. Code enforcement, building inspections and consumer health services will be provided
within sixty (60) days after the effective dale of the annexation using existing personnel
and equipment
J. Planning and Development Services
1. Planning and development services will be provided within sixty (60) days a8er the
effective date of the annexation using existing personnel and equipment. The Planning
and Development Department currently provides serviced 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:
(l) Provision of Capital improvements as compared to other area will be based on
characteristics of topography, land utilization, population 4ensity, magnitude of
problems as related to comparable area, established xbnlcal 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 to the upcoming CEP plan. This
property will be considered according to the established guidelines.
A-DI Maaadoa Jake PAM&C
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A , 3ob.ment 7. .
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200-500 FOOT NOTICE MAP
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Agenda Dote: Aug. 3;1999 Sale: None
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ENCLOSUREZ
Isom
1988 Denton Development Plan Analysis
Th9 table below provides a summary of the 1988 Denton Development Plan policies applicable to this
project: (Based upon annexation and agricultural zoning
Denton Development Plan
Policy Analysis Summary
Low Intensity Area
Development Rating vs. Nicy
POLICY COMMENTS Ire ea~l:tent
Intent These areas rwm t Primary
housing areas vAthln the City, x
intensity. To be Consistent with vie Akwed Intensity a 60 trlpyaUe
development aiv* not "CW its A kcstud IntensRy • 2,760 trWslte
(I ac. Lob • 460 t6ps/dey) x
SltePlanControt. Sirldpr„perty
development conbd WtNn 1,600 reet of
eksbrq low density re"ndal areas, x
Traffic Design. Access OWd be
provided to w n Hat mAtldamlty or
noo-mmOdendal um taw aaess to
mWors or tarryY arterials oth no dred
boom through rtsiderntal streets, x
rwea ia1 fadlitlnd Op Spate. S~ green
are prodded. x
Public Partldpayon Irq t Into
pamirq ty neighborha+d assodstlonf and
owndls ts encounged, x
Land Use Diversity, honie"ntlal end
multi-famAy deveioprnent Is encouraged to
a Wed degree. x
Manufacbrred Housing. TNI Form or
*44 farnN housing may be mrrpabble
ntth developments in the iow Intensity
areas Lk)ed to corxMOons x
Strip Cammerdal. Any ram of
continuous strip eommerdat Is strongly
dsrouregrd 1Na new low intensity areas. x
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ENCLOSURE 3
1996 Denton Plan Policies Analysis
The table below provides a summary of the 1998 Denton Plan Policies applicable to this project:
(Based upon annexation and agricultural zoning) 11
Denton Plan
Policy Analysis Summary
Development Rating vs. Polity
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CATAGORY POLICY Inconsistent consistent
Transportation. Compliments lenton's Long-Range Thoroughfare Plan. i X
Promotes Access Management Practices X
optimizes opersbons for emergency service provident aryl ,w
other public service providers. x
Promotes public transportation system, ';4* I:, ' x
Contributes to the Denton TraAs network. x
Stormwater Drafnage, Protects 100-year I'l oelpfain areas In amordance with
Denton's watershed management plans, x
Conforms to local subdw sIon regulations. x
Contributes to regional detention fad iVes, 9W "X4
RoaAdes ror natural riparian environment along floodplatn. x
Upgrades existing substandard drainage systems as Infill y
and redevetopment occur. ! '
Water and Develops and malntatns property and private f
Wastewater. Infrastructure. , x
Creates opportunely for oversizIrg water and wastewater j
lines M meet future development demands. l
Provides review of proposed water and wastewater
Infrastructure to ensure pudic safety and health. x
Promotes Infill Improvements over new Lne eatemions. X
Electric, Provides underground electric service ror new residential
and nonresidential development, X i
Solid Waste. Promotes efficient access to all devetopmx nl for %$d
waste servke delivery. x i
1 Parks and Recreation, locates parks and recreation facilities in accordance wRh -
1I the Parks and Recreabon Strategk Plan,
Enhances parks and recreation opportunities for residents, t
Reserves Ooodplatn for parks and open spas to aid In
floodplain conservabon el", x
Allows comdning of parks Wth oU*t pudic fadlibes to
achieve cost e"ve delivery of pudk seMus,
Residential development should deeate land or fw In
Ueo or land for neighborhood parks.
Environmental Quality. Promotes preservation of natural resources, x
Integrates ernkronmental Protection with economic
growth and community development, x ! r
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1996 Denton Plan Pollcles Analysis (continued)
Denton Plan
Policy Analysis Summary
DevelWnent Radng vs, Policy
! CATAGORY POLICY tnmrwtent ApplbN Oorrht_rt
faalohborhoods Piro Adetlsdao~aa and aw my fackw for
&Owrages a M14." a lard uses that bank reodlsft x
vroteds and p vvm ed_ ft ndoPDorhoods x
Prortxdes bipde and pedestrian trafnc within and
between nelphboAoods b reduce vehiadu trtpa,
Housing s r_nW of I ousltnhp types tlrat appeal to dRMrq x
a evarkndtyNAOf alnSpe hmty lot sues,
bullring rise,
! Offerspsis rmga
and
Preserves ex(_tlrig housing, Nu ft a% t" houefng x
twesses Irdul housing mn*udsm x
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tteenomte Contribute to a strap and dvftMed lud emnony by
DIM11 latfon. krveasirq employnxm and evand ng Un tax base.
GowrnmanL = dal co&dnadw to provide x
thban Dillon. Addresses amm mity apprarana in a mmprehnh*
manner, x
DfverdRes srddtedural appesraM of"ewhre ent.
Nelghbodnod W I devdoynent bold be map Wo~ I~
With exbtlrq sand uses and bupmngs.
Protect a d preserves Demon's wcMedural, OIW and
hlstarkal resource.
I E ftnon the appearance along major wWftwayf.
Pramntes the presuvaum of tree and imdwpNp. x
Vublle Involvement Proof ks an opportunl v for pjW eplnlon Osinp N
planning proom, x
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Pilenarue
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1'LNAtCAR14.O+Or^eMir,NM~IMC/OM'~MRY
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ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 46.21 ACRES OF
LAND CONTIGUOUS AND AD)ACENT TO THE CITY OF DENTON, TEXAS, LOCATED
AT THE SOUTHEAST CORNER OF NOWLIN ROAD AND ROBINSON ROAD IN THE
COUNTY OF DENTON, TEXAS; APPROVING A SERVICE PLAIN FOR THE ANNEXED
PROPERTY; PLACING THE PROPERTY IN A AGRICULTURAL (A) ZONING DISTRICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FORA PENALTY IN THE
MAXIMUM AMOUNT OF 52,00040 FOR VIOLATIONS THEREOF; AND PROVIDING AN
EFFECTIVE DATE (A•91).
WHEREAS, Dowdey Anderson & Aasociales, Inc., on behalf of Jerry Keith, Sandra Call
Kirby and Cynthia Gayle Barthold has petitioned for annexation of 46,21 acres of land to the
City of Denton, Texas; and
WHEREAS, the City of Denton on )uly 27, 1999, heard the petition and agreed to grant
the petition for annexation of 46.21 acres of land; and
WHEREAS, on August 11, 1999, the Planning and Zoning Commission recommended
approval of the petition for annexation; and
WHEREAS, public hearings were held in the Council Chambers on August 3, 1999, and
August 17, 1999, (both days being on or after the 40ei day but before the 2e day before.the data
of the institution of the proceedings) to allow all interested persons to state their views and
present evidence bearing upon this annexation; and
WHEREAS, annexation proceedings were Instituted for the property described hereln by
the introduction of this ordinance at a meeting of the City Council on September 7,1999; and
WHEREAS, this ordinance has been published In full one time in the official newspaper
of the City of Denton on September 19, 1999, after annexation proceedings were instituted and
30 days prior to City Council lakie, iinal action, as required by City Cbsrter, and
WHEREAS, the City Council funds that the annexation will be in compliance with the
1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth
Management Strategies and Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: f
SECTION U. That the tract of land described In Exhibit "A", attached hereto and
Incorporated by reference, Is annexed to the City of Denton, Texas, 4
SECILON-Z. That the service plan attached as Exhibit "B", and Incorporated by
reference, which provides for the extension of municipal services to the annexed property, is
approved as part of this ordinance.
21.
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SECTION 3. Should any part of this ordinance be hold illegal for any reason, the holding
shalt not affect the remaining portion of this ordinance and the City Council hereby declares it to
be its purpose to annex to the City of Denton all the real property described in Exhibit "A"
regardless of whether any other part of the described property Is hereby effectively annexed to
the City. If any part of the real property annexed is already included within the city limits of the
City of Denton or within the limits of any other city, town or village, or is not within
the City of Denton's jurisdiction to annex, the same is hereby exclupded from the territory
annexed as fully as If the excluded area were not expressly described in this ordinance,
S= ION 4. That this ordinance shall become effective thirty (30) days from the dater of
its final passage and publication, and the City Secretary is hereby directed to cause ue entire
ordinance to be published once and the descriptive caption 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 ivi passage.
PASSED AND APPROVED this the day of 1999.
' i
JACK MILLER, MAYOR
. I
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
I
BY:
i
APPROVED AS TO LEGAL FORM,
HERBERT L. PROUTY, CITY ATTORNEY
BY:
lit
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IL 2 2'. Page 2
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EXHIBIT A
46.21 ACRES
FIELD NOTES to all that certain tract df land situated In'the Bevy Merchant Survey, Abstract
8800, Denton County, Tow and being part of a called 80.35 acre tract described in the deed
from L.H. Head e4 al to Thomas T. Kirby, at ux recorded •in Volume 382, Page 339, Deed
P.ecords, Denton County, Tend W all of a called 1,973 acre trac! beiciibed In the deed from"
*AVa Joyce kIky'1d ferry Kelth Kirby et'ux recdrded in'VglurAe 1615, P*je SSs AQ Property:
Records, Denton County, Texas, the subject tract being more particularly described is follows;
BEGINNING for the Northwest comer of the herein described tract at a P.K. roll found In the
Intersection of Robinson Road and Nowlin Road for the Northwest corner of said 80.35 acre tract
and the Northeast comer of it called 84.786 acre tract described In the deed'from Joe M. Brooks
and Marjorie Lynn Brooks to Mel Wheeler et ux recorded In Volume 1054, Poga 17, Deed
Records, Denton County, Texu;
THENCE S. 8905748" E., with Robinson Road and the North line of said 80-y, we tract a
distance of 951.51 feet to a point for the Northeast comer of the herein described tract;
THENCE S. passing at 26.83 feet a 35" iron rod found In the occupied South line of Roblwoa
Road and continuing along said course along and near a fence, In all, a total distance of 2216.88
fat to a W' iron rod found In the South line of said 80.35 acre tract for the Southeast comer of
the herein described tract;
THENCE S. 89°45'39" W., with the South line of said 80-i4 acre tract along and near a fence a
distance of 862.87 feet to a Iron rod found In Nowlin Road for the Southwest comer of the
herein described tract;
THENCE N. 02017'09" W., with said road a distance of 2222.61 fat to the PLACE OF
13E01NNiNG and enclosing 46.21 acre of land more or less.
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THIS PAGE LEFT HL4NA MENTIONALLY.
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EXHIBIT B
ANNEXATION SERVICE PLAN
CASE NUMBER: A-91 (Kirby Tract)
AREA: 46.21 acres
LOCATION: Southeast comer of Nowlin Road and Robinson Road. in the
extraterritorial jurisdiction of the City of Denton, Texas,
Municipal 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 vrith the following schedule:
A. Police Protection
1. Police service, including patrolling, tesponse 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. WaterAVes1twater 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 pemrinel and
equipment.
E. Roads and Streets
1, Maintenance of roads and streets, including road and street lighting, in the area to be
annexed will begin within sixty (60) days after the effective date of the annexation using
existing personnel and equipment
F. Parks and Recreation Facilities
1. Malnten ante of parks, playgrounds, swimming pools, and other recreational facilities In
the area to be annexed will begin within sixty (60) days #fter the effective date of the ` i
annexation using existing personnel turd equipment. However, there are no existing ! s,
parks, playgrounds, swimming pools, and other recreational facilities in the area. I ! ! '
9! ,tarn ed<.a S.riA'e Phm,AM
cc~
ANNEXATION SERVICE PLAN
(A-89)
Wheeler Ridge
G. Electric Facilities
1. Electric utility service will be provided within sixty (60) days after the effective data of
the annexation using existing personnel and equipment.
H. Library Services
1. Library services will be provided within sixty (60) days after the effective date of the
annexation using existing personnel and equipment.
I. Code Enforcement, Building Inspections and Consumer Health Services
1. Code enforcement, building Inspections and consumer health services will be provided
within sixty (60) days after the effective date of the annexation using existing personnel
and equipment.
J. Planning and Development Services
1. Planning and development services will be provided within sixty (60) days after the
effective date of the annexation using existing personnel and equipment. The Planning
and Development Department currently provides serdees this property by way of
adm Astration 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 eflxtiveness of providing a specific facility or improvement.
The annexed area will be considered for CEP Improvements In the upcoming CEP plan. This
property will be considered according to the established guldelines.
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Planning and Zoning Comrnisslon'Minutes ATTACHMENT 2-
August 11, 1999
Page 4 of 6
Planned Development. (Z-99.055. Robson Rench Water Reclamation Plant,
Relchhart)
Ssity Rishel and seconded by Perry McNelll to recommend ap City Council.
'Dis Rom Is Included in Court Reporter's transcript attache set of minutes
(Page 13 . hhh,
M2tion carries
B IC
11. Hold a public hearin nslder mokln mmendetion to City Council
concerning the volunia atlon a of 37.11 sores located on the east slde
of Teasley Lone opproxim f of Hickory Creek Road In the
extraterritorial Jurlsdictlon of th on on, Texas,. (A-88, and Z-99.039, Teasley
Lone Near Hickory Creek, Ks en)
a. Consider making a rococo on to ncll concerning the voluntary annexation.
(A-88, Teasley Lane Nea cry Creek, K ilasen)
Motion by Susan Apple oonded by Elizabeth Gou recommend approval to City
Council.
'Discussion of Item I dad In Court Reporter's transcript a d to this set of minutes
(Page 139),
I r
b. Consl eking a recommendation to City Council concerning th g of two (2)
acre elghborhood Services (NS) zoning district and thirty-flue a 5) to a One-
Fa ailing 7 (SF-7) zoning district. (Z-99-039, Teasley Lane Near ry Creak,
n Nilssen)
M y Elizabeth Gourdie and seconded by Salty Rishel to reoomm end approve ity
oil,
iscusslon of hem Is Included In Court Reporter'e transcript attached to this set of ml
Page 139).
MALI car 46 0.0•
12. Hold a public hearing and consider makng a recommendation to City Council
concerning the voluntary annexation and zoning of 48,21 acres generally located at the
southeast comer of Nowlin Road and Robinson Road In the extraterritorial Jurisdiction of
the City of Denton, Texas. (A-91, Kirby Tract, Larry Relchhart)
a. Consider making a recommendation to City Council coneeming the voluntary annexation.
(A-91, Kirby Tract, Larry Relchhart)
Motion by Elizabeth Gourdis and seconded by Susan Apple to recommend approval to City
Council,
'Discussion of Item Is Included In Court Reporter's transcript attached to this set of minutes
(Page 147).
M4.ti41].S~.rrfes 8-0. '
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Page 145 P a 147
I area, velopable. Is INS part of this use or 1 Is there any disco
2 does tha r Into our text step? 2 request fA~ a
3 MR. K: You know, I think 1
4 stralgM zonin re really won't veloptncnt 4 rum.
s plan later. Sob n his ate , you may S And we're moving quickly onto Item 12, If
6 want to add a non that un ear general 6 f Aave this rIgl t Hold a pubic bearing and consider
T utegoriea you could of 19 different 7 making a nacontmeedatioe to City County ^oooerning the
8 conditions. One of the that five acres of 8 voluntary annexation and eoolng of 46,21 acres g oemlly
9 open spar be required. 9 located at the southeast ocimer of Nowlin Rohd and
10 MS.OOMIE: Mr. Weatherford to 10 Robinson Road in the extraterritorial Jurisdiction of
I I come up hero for I I 1 the city of the D mtoo, Texas. Mr. Relchhart Oh, for
12 MR POWE solutel is have 12 the reaxd, sir, this Is Item 12
I) evcryt ocly Mre same page. 13 MR Rl:1CH}iAllT: ?hank you, The site that
14 MS.OO Mr. Wuthe 1 would like 14 we'rc Docking at tonight for annexation and Agricultural
1 S to clarify tha you, please. is zoning is adjacent to the Wheeler Ridge sita that we
16 MR, 11ERFORM. We have alculated I6 looked at two weeks no and h Is Just north of the
17 exactly he any but we think Its app ately five 17 previous can, another graphic that identifies some or
16 acres. 1 a the recent activity to this a-ea The first one that
19 ME& If I make the motion the 19 came up was The Top of the Hill, then to the north wen
20 wn ' that the floodplain In yo tr souther 20 Wheeler Ridge. We. Just looked at A-88 and now we're
21 of your property be dedicated as open 7 21 looking at the site adjacent to Wheeler Ridge. This
22 MR WFATIIERFOM That would be f 22 site is either bhlog purchased or is purchased by the
23 floodplain, that would be fine. 23 owners of Wheeler Ridge also and they're going to try to
24 14S.0011ftDiE: I just wanted to makes 24 incorporate the two developments and work them togcthen t
23 that would be all right, hank you, Mr. Weer d. 25 At thls time we're looking at Agricultural zoning. i
Page 146 Page 148
1 Ma POwF.tta Any other comments by staff? 1 They're still guing through theta analysis as to what
2 e your recommendation. And I'll close the p 2 the best eonfigursdoo wlU be for this site,
3 haven't already done ,hat I guess 1 h 3 But We are looking at annexatloo for the
4 Am 0, further qutations or staffl it 4 zoning there were five property owners notified. We
S motion on oor? s have gotten one response back In favor. And as I was
a Ms tE: 1'11 make the moti 6 going through the report I ace that that response Is
7 MR. POW Nis. Oourdie. 7 missing and I Just tried to look for 14 can't fund it
6 Ms. uou move to approval 8 Sc 1 will try w make that available for City Council.
9 of Z•99-019 with the Wont Iced by staff, 9 Regarding the annexation, the Orowth Management Plan
10 finding that It is consi 1988 Denton to indicates that this arts should be developed as low
I 1 Development plan end it t with the 1998 I 1 density residential. And shoe this property Is outside
12 Development Plan and Or anagement Plan, it 12 the City limits, annexation Is the logical step to
13 provides compatible Ian xture of lot slug. 13 erasure that this does occur. It will provide the City
14 Sotry, SF 7 stralght z b that a mixture of 14 of Dtuton the authority to regulate land uses based upon
15 lot stirs? IS a zoning clauTleadon. Therefore, staff dots
16 MS. rnLS.S you on it to the 16 recommend approval of A-91. We can move onto the zoning
17 surrounding areas surrounding t 17 or wait
18 MS. oou Okay. And the ity or l8 Ma. FOWELU why don't you give its your
19 neighborhood-t loo with an al condition to reccrnmcodatldo on that also.
20 that the flood located in the wuthea an of 20 MA JUM& ART: I shall. As --this is w
21 the property be dedicated for open sp 21 coming to right raw as Avicult od toning, That is oar I ! "
22 EIL Is there a second to 22 most restrictive ctasstficadeA and would be to
23 Oour&e' 'on? 21 subdandal compliance with the 198 Denton Plan Policies
24 SnEu Second. 24 ind Growth Management Plan. Staff does recommend
25 Powmt we have a motion and a sewed. 2S approval of Agricultural zoning elassilladoo for A•91.
PLANNING do ZONING AUGUST 11, 1999 Page 145 • Page 148
.ter
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Condonsollm"
Page 149 Page 1S]
I MR POWELL. Thank you, sir. Any questions 1 bands In ravor, wo against Moving onto
2 of staff at this firm? Seeing none, IT ask if the 2
3 petitioner Is hero to speak on this Issue. Please give 3 q .
4 us your name and address, sly. 4 POwe1.4 I'M softy.
S MR PEHDSRORASS: My name Is Robert S oltP e t do have a q' Ytlon, not on
6 Pendergrass, 3701 T urde Crock, Dallas. We're the 6 this parts cue, but Just kind of am am 840d in
7 peddoner. We're also the petitioner that was in front 7 general. A a nay be for Mr, a Mr.
6 of you two weeks ago In the Wheeler just to the west g Relchhut, ei Dui we've umber of these
9 At present we're coming under the AS, at Larry said. 'It 9 annexations come tour t weeks it
I o is our intention to do it twder the sane concept or 10 seems that we ha or two every time we mat,
I l typical or type of plan that you all saw two weeks ego. 11 But in looking at cep in our drag copy
12 MR. POWELL: Any questions of the 12 Denton oomprehcoai I'm reading it right, we
13 petitioner? Seeing none, we'll move forward. Anyone 13 have a cumber of what d caU donut holes in our
14 wishing to speak in favor of this issue? Anyone in the 14 City limlts, psrticul that we were
I s audience wishing to speak in favor" Anyone In the I s discussing earlier out beyond MayUH
16 audience wishing to speak against? Anyone in the 16 Rood and to f d also to th of our City.
17 audience wishing to speak against the issue? Seeing 17 An31 t or recent I've read
16 none, we'll close the public hearing and 1 believe we 1 is in the come",* some t eonfusloo u
19 have staff a rtcomm-cdation on both issues. And 5 will 19 to who's in of jurisdiction a has
20 ask for a motion on the 12a, voluntary annexation. 20 Jurisdictl authority, pafJculvly to lice and
I I MS. oOURDia. 7 move we rooorrunend approval 21 fie dep ts, there seems to be a f case
r3 of A-91. 22 where It been some cooralon d to a
27 MR. POWELL: We have a motion. 33 parties ploy or property was In the City or
34 MS. APPLE: Second. 24 not. I guess I'm questlonini what meharsl to
25 MR. POWELL: Second by Ms. Apple. We have a 2s camununicate these annexations and our City limits to the
Page ISO Page 152
I motion and it second. Is there any discussion on the I end fue depart sects, not only the city or Denton
2 motion? 3 b the other Jurisdictions that are out these In
3 MR lumltu Discussion, 1 presume, and 1 3 our ty.
4 don't want to put words In Mr, Pendagra4s' mouth, but 4 RUCIDW r3 The process that as
3 because the City of Iknw i was so easy to work with on 5 we go an annexation, we request ca plan
6 the fast piece or property, you came back and wanted to 6 e+talysls f department In the C . That
7 have an opportunity to work with us again. So I presume 7 includes rue, library, and utilities
s there's sort or consensus there. A nnctorical question, is and transports And we gal see back as to the
9 That's okay, Thank you, 9 levuh of service supply respook lines,
1 10 Ma POWFLU Okay. Any other questions or 10 an 1 such like that an on I know there Is a
11 discussion on this motion? We do have a motion, don't it large mailing Ust twtifylog numerous
12 we? Vet, we do. And a second. AU right. Since we 13 agemcla of the none Maybe Mark knom If the
13 have no mote discussion or questions, I'm going to call I3 MlJaoemt
14 for a vote on Item 12s. All In favor raise your hand. S4 MA DON 4 to 30 addresses that
15 We have six hands In fav", zero against is we scod the on to ronSlog from the
16 We are on horn 12b, We already have the 16 State Comp emwamentx We
17 staff recommendation. Is tiero a motion on the Iloor7 17 probably It do it to the Clerk
is Ms. o0trante: I move to recommend approval l s Volunteer I. cis is the primary
i
19 of Agricultural A coning district and land 19 service p to that doout hot hn. spoke i b
10 classification for A•91. 20 about
21 Ms.APPL& Second. 21 Mop"O Right why
23 MR POwELU Motion by Ma Courd e, second 22 R PMCWWT: I don't bowr,
23 by Mc Apple. Is there nay discussion or questiotu on 23 . MR. DOKUDS R's not on the L The
24 this motion? Seeing come, I will ask for a vote on 24, fire department may have a regular leadoo with
25 Item 12s. All In favor raise your band. We have six 25 them
PLAWN1140 alt 77ON1NO AUOUST 11t 1999 Page 149 • Page 152
29.
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FIN MFaatlt'WL0.ra..w.YAfrr,nAFI aI1pxANRft
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y
1 ORDINANCE NO.
AN ORDINANCE OF TIFE CITY OF DENTON, TEXAS, ANNEXING 46.21 ACRES OF
LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED
AT THE SOUTHEAST CORNER OF NOWLIN ROAD AND ROBINSON ROAD IN THE
COUNTY OF DENTON, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED
PROPERTY; PLACING THE PROPERTY IN A AGRICULTURAL (A) ZONING DISTRICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN
EFFECTIVE. DATE (A•91).
WHEREAS, Dowdey Anderson & Associates, Inc., on behalf of Jerry Keith, Sandra Gail
Kirby and Cynthia Gayle Barthold has petitioned for annexation of 46.21 acres of land to the
City of Denton, Texas; and
WHEREAS, the City of Denton on July 27, 1999, heard the petition and agreed to grant
the petition for annexation of 46.21 acres of land; and
WHEREAS, on August 11, 1999, the Planning and Zoning Commission recommended
approval of the petition for annexation; and
WHEREAS, public hearings were held in the Council Chambers ors August 3, 1999, and i
August 17, 1999, (both days being on or after the 40th day but before Lae 20'h day before tht rt:Ftc
of the institution of the proceedings) to allow all interested persons to state their views and
present evidence bearing upon this annexation; and
WHEREAS, annexation proceedings were Inslsr-tcd for the property described herein by
the introduction of this ordinance at a meeting of the City Council on September 7,1999; and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton on September 19, 1999, after annexation proceedings were instituted and
30 days prior to City Council taking final action, as required by City Charter; and
WHEREAS, the City Council finds that the annexati,)n will be in compliance with the
19SS Deuton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth
Management Strategies and Plan; NOW, THEREFORE,
THE COUNCIL OF THE CII Y OF DENTON HEREBY ORDAINS:
SECTION 1, That the tract of land described in Exhibit "A", attached hereto and
4
incorporated by reference, is annexed to the City of Denton, Texas,
SECTION 2, That the service plan attached as F'xhibit "B", and incorporated by
reference, which provides for the extension of municipal services to the annexed property, Is
approved as part of this ordinance.
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f
SECTION 3. Should any part of this ordinance be held illegal for any reason, the holding
shall not affect the remaining portion of this ordinance and the City Council hereby declares it to
be its purpose to annex to the City of Denton all the real property described in Exhibit "A"
regardless of whether any other part of the described prnperty is hereby effectively annexed to
the City. If any part of the real property annexed is already included within the city limits of the
City of Denton or within the limits of any other city, town or village, or is not within
the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory
annexed as fully as if the excluded area were not expressly described in this ordinance.
SECTION 4. That this ordinance shall become effective 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 LEOAL FORM:
HERBERT L. PROUTY,-CITY ATTORNEY
BY: ce
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EXHIBIT A
46.21 ACRES
FIELD NOTES to all that certain tract df land situated In the Be" Merchant Survey, Abstract
*800, Denton County, Texas and being part of a called 80-% acre tract described in the deed
from L.H. Head et a] to Thomas T. Kirby at ux recorded in Volume 382, Page 539, Deed
Records, Denton County, Texas and all of a called 1973 acre tract described In the deed from
Ava Joyce Kirby to Jerry Keith Kirby et ux recorded In Volume 161 S. Page 51, Real Property
Records, Denton County, Texas, the subject tract being more particularly described es follows:
BEGINNING for the Northwest comer of the herein described tract at a P.K. nail found in the
intersection of Robinson Road and Nowlin Road for the Northwest comer of and SO-YS acre tract
and the Northeast comer of a called 84.786 acre tract described In the deed from Joe M, Brooks
and Marjorie Lynn Brooks to Mel Wheeler et ux recorded in Volume 1054, Page 17, Deed
Records, Denton County, Texas;
THENCE S. 89057'48" E., with Robinson Road and the North line of said 80-%a acre tract a
distance of 951.51 feet to a point for the Northeast comer of the herein described tract;
THENCE S. passing at 26.83 feet a K" from rod found in the occupied South line of Robinson
Road and continuing along said course along and near a fence, in all, a total distance of 2216.88
feet to a K" iron rod found In the South line of said 80-% acre tract for the Southeast comer of
the herein described tract;
THENCE S. 89°46'39" W„ with the South line of said 8041 acre tract along and near a fence a
distance of 862,87 feet to a Yi" Iron rod found in Nowlin Road for the Southwest comer of the
herein described tract;
THENCE N. 02017'09" W., with Bald road a distance of 2222.61 feet to the PLACE OF
BEGINNING and enclosing 46.21 acre of land more or less.
FHN99MS~deurlpdon j I
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EXHIBIT B
ANNEXATION SERVICE PLAN
CASE NUMBER: A-91 (Kirby Tract)
AREA: 46.21 acres
LOCATION: Southeast comer of Nowlin Road and Robinson Road. in the
extraterritorial jurisdiction of the City of Denton, Texas.
Municipal 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. Water/Wastewater Facilities
1. Maintenance of water and wastewater facilities in the area to be annexed that are not
within the service area of another water or wastewater utility will be begin within sixty
(60) days after the effective date of the annexation using existing personnel and
equipment.
E. Roads and Streets f
L Maintenance of roads and streets, including road and street lighting, in the area to be
annexed will begin within sixty (60) days after the effective date of the annexation using
existing personnel and equipment.
F. Parks and Recreation Facilities
1. Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in
the area to be annexed will begin within sixty (60) days after the effective date of the
annexation using existing personnel and equipment. However, there are no existing
parks, playgrounds, swimming pools, and other recreational facilities in the area. i '
fYl Ivu'r rayon frroh~l9im.Art•
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s .
ANNEXATION SERVICE PLAN
(A-91)
G. Electric Facilities
1. Electric utility service will be provided within sixty (60) days after the effective date of
the annexation using existing p monncl and equipment.
H. Library Services
1. Library services will be provided within sixty (60) days after the effective date of the
annexation using existing personnel and equipment.
1. Code Enforcement, Building Inspections and Consumer Health Services
1. Code enforcement, building inspections and consumer health services will be provided
within sixty (60) days after the effective date of the annexation using existing personnel
and equipment.
J. Planning and Development Services
1. Planning and development services will be provided within sixty (60) days after the
effective date of the annexation using existing personnel and equipment. The Planning
and Development Department currently provides services this property by way of
administration of Chapter 34 of the Code of Ordinances, concerning subdivision and
land development regulations,
K. Capital Improve meats Program (CI P)
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.
(1) The overall cost effectiveness of providing a specific facility or improvement.
The annexed area will be considered for CIY improvements In the upcoming CIP plan. This
property will be considered according to the established guidelines.
r~ ` G
69! dninadr.n 4ntr, P6m, drK
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All Ye. 9-
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AGENDA INFORMATION SHEET
AGENDA DATE: October 19,1999
DEPARTMENT: General Government
CN1/DCM1ACM: Rick Svehla, Deputy City Manager
SUBJECT: Hold a public hearing and consider the recommendations of the Planning and
Zoning Commission and the Blue Ribbon CIA Committee concerning the 2000 Capital
Improvements Program.
BACKGROUND: Council approved formation of a Blue Ribbon Committee on April 20, 1999.
During the next month each member appointed seven people. The Council unanimously
appointed Euline Brock as chairperson of the Committee on April 27 h. Ms. Brock chose Tim
Charles as the Committee co-chair. The Committee held its first meeting on June 21'. They
organized into seven groups to begin gathering data. The groups selected their own chairs and
met with the following entities: City Council, Planning and Zoning Commission, Chambers of
Commerce, Universities and DISD, the County Commissioners, citizens (public meetings) and
the city staff. In addition, each member was assigned to interview ten individuals for their top
five priorities. Over 350 surveys were completed.
After this information-gathering phase was completed, the Committee reorganized into three
project teams. Members served on the teams of their choice. The three project teams were
Facilities, Parks & Recreation and Transportation Ms. Brock and Mr. Charles chose the chair
and co-chair of each of these project teams. The task of these teams was to review all of the
projects that were mentioned in the information gathering and survey stage and then to prioritize
them using public input and data provided by the staff. Each team went on tours to learn as
much as possible about proposed projects.
On October 4`h the Committee met as a whole. Each lean presented their teams' critical needs,
Kith funded and not funded, After considering all of this Information, the committee voted
unanimously to recommend projects worth $22.6 million to the Council. Further, the committee
also recommended $12.27 million of critical unfunded needs to the Council, A motion to attach
a "no additional taxes" proviso failed 22.5. The projects themselves received unanimous support
from the Committee.
On October 13'h the City Council and Planning and Zoning held ajoint meeting. At that meeting
a public hearing was held by the Planning and Zoning Commission. The CIP Blue Ribbon
Committee presented their recommendation to Planning and Zoning, The Committee's rf t
recommendation is two fold, 77te Committee recommended $22.6 million of funded projects
plus an additional $12.27 million worth of critical unfunded needs, The Committee stressed that
they believed that this was the charge given to them by the Council of "providing a $22.6 million
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Agenda Information Sheet
City Council Meeting
October 19, 1999
Page 2 i
list and any other critical needs" that the Committee felt should be recommended. Planning and
Zoning voted 7.0 to endorse the Blue Ribbon Committee's recommendations.
OPTIONS:
1. Review the findings of the Blue Ribbon CIP Committee and its recommendation along
with the unanimous endorsement of the Planning & Zoning Commission and approve that
recommendation.
2. Make substitution or changes to that recommendation.
RECOMMENDATIONS: The Blue Ribbon CIP Committee and the Planning & Zoning
Commission recommend approval of the CIP's overall recommended list.
FISCAL INFORMATION: Assuming a 6% annual growth rate, the $22.6 million program Is
buildable without any additional fiscal Impact on the tax rate. The additional $12.27 million
might need to be funded with other revenue sources including the option of an incremental tax
increase of approximately six (6) cents or waiting for growth in the assessed tax value or a
combination of these strategies to fund this additional $12.27 million worth of improvements.
Respectfully submitted:
Rick Svehla
Deputy City Manager
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CITY OF DENTON TEXAS OFFICE OF THE CITY MANAGER D215 E. McKinney StMI.Dantan, Teton 76201
MEMORANDUM
DATE: October 119, 1999
TO: Mayor and Members of the City Council
FROM: Euline Brock, Chairperson, BLUE Ribbon CIP COMMITTEE
SUBJECT: BLUE RIBBON CIP COMMITTEEAND P&Z'S BOND PROGRAM
RECOMMENDATIONS
I
I am pleased to report to you that on October 131h Planning & Zoning Commission
recommended the Blue Ribbon Committee's recommendation to you, Our
recommendation includes $22.6 million worth of projects as well as an additional $12.27
million worth of improvements for the 2000 CIP Bond Program. The Committee continues
to reiterate that all of these projects are critically needed. We feel that these projects
should be put to the voters of the city. We have pledged to work energetically and
enthuslasticallyfor the approval of this program and believe we will be successful
At Tuesday's meeting we will present a summary of the information that was presented to
you and the Planning & Zoning Commission Wednesday evening, Our project team chairs
and co-chairs and committee members stand ready to answer any questions you might
have. I've attached several pieces of Information that I hope will help you understand the
projects that are Included in our recommendation. They include a list of the projects, the
cost to the city, and the "levaraged" money that the city will be able to use In the
completion of each of those projects. I've also Included a short summary of each of the
projects listed that provides additional Information on each project, and finally a map
showing the approximate location of specific projects mentioned in this Information.
We look forward to seeing you on Tuesday evening. If we can answer any questions in
the meantime, please feel free to call the staff or us at your convenience.
Euline Brock 6ChaLrfes
Co-Chair Co-Chair t l "
Attachments
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W" GhroUMIOnmm
"Uolicalod to Quality n
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PROPOSED
a
BREAKDOWN OF PROJECTS
2000.2004 UP PROGRAM
Total Total
Critical Critical
Leverage', { Funded Unfunded Total
Parks and Recreation/Beautificedoo/LibrarIn (PRBL)
1 Upgrade Parks t S 2,000,000
2 Additional Athletic Fields 550,000
3 Community Park Land Acquisition 1,800,000
4 Trails/Linkages { 640,000
5 Beautification 160,000
6 American Legion Hall Annex 175,000
7 North Branch Library/ a
8 Emily Fowler Renovation 6,800,000
Leverage $
PRBL - Critical Funded - S 12,125,000
I I Aquatic Center S 3,500,000 $ 4,000,000
12 Civic Center Upgrade & ImprovemLrt 850,000
Leverage $ 31500,000.
PRBL - Critical Unfunded S 4,830,000
Total PRBL Leverage S 3,500,000
Total PRBL S 16,975,000
Total Leverage S 67,440,000
Total Bond Election S 21,730,000 S 12,270,000 S 34,020,000
Certilicates of Obligation
9 Jail Expansion $00,000
10 Firearms Facility 350,000
Total Certificates of Obligation $ $ 850,000 S 850,000
TOTALCIP 567,440,000 522,600,000 S 12,270,000 $ 34,870,000
I
'Estimated mnchim$ funds i
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PROPOSED
BREAKDOWN OF PROJECTS
2000.2004 CIP PROGRAM
Total Total
Crldcal Critical
Leverage' Fuoded Unfunded Total
Transportatioa StreetwTraMc Cootrol/81kewayf/5WewalkslAirport
I Brinker Road $ 600,000 S 900,000
2 Traffic Signals 290,000 ~ 800,000
3 Hickory Creek 1,00,60; 750,000
4 Ramp Reversal tLillian Miller/288/1-35) 2,000,000: 500,000
5 Paving/Sidewa',,'tiikelanes 1,500,000
6 US 77 4,500,000 1,450,000
7 Fort Worth Drive (widen) 3,000,000 1,000,000
8 Bonnie Brae 230,000 ; 250,000
9 McKinney Street (FM426) 6,000,000 250,000
10 Hwy 380 (US 77 to 1.35) 3,800,000 230,000
11 Airport Control Tower 500,000
12 Fry Street 300,000 250,000
13 Mass Transit Initiatives 225,000
Leverage S 22,240,000
Transportation - Critical Funded S 9,625,000
14 377 Alternate S 2,000,000 S 1,900,000
15 Loop 288 (12,009') 5,000,000 1,000,000
16 Loop 298 (26,000') 10,000,000 259,000
17 Widening Hwy 2181 5,000,000 250,000
18 Land Acquisition 2,200,000 220,000
19 Hwy 2499 10,000,000 500,000
20 FM 1830 2,000,000 300,000
21 Windsor Interchange 5,500,000 500,000
2,500,000
22 Misc. Paving Leverage S 41,700,000
Transportation • Critical Unfunded S 7,420,000
Total Leverage S 63,940,000
Total Transportation S 17,045,000
•Estimated motchina funds
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FACILITIES PROJECTS
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RANK PROJECT DESCRIPTION COST
CRITICAL FUNDED
07,18 North Branch Library/ Emily This project would establish a North S 6,900,000
Fowler Renovation Branch Library and renovate Emily
Fowler. Approximately S1.2 million
would be used for renovations. The
remaining funding plus $350,000 from the
1996 bond issue would be used to establish
the North Branch Library, either by
purchasing an existing structure or buying
land and building a new facility.
09 Jail - Immediate Expansion This expansion would complete the initial 500,000
pod of the jail. It would help meet the
immediate needs of the jail and finish out
the space currently allocated for the jail at
City }call past.
010 Police Firearms Facility These funds would be used to 350,000
remodel/automate the existing firing range
on Airport Road. The facility would then
be able to provide state-of-the-an firearms
training with movable targets, obstacles,
and other "real-life" situations.
TOTAL CRITICAL FUNDED S 7,650,000
1 CRITICAL NOT FUNDED
012 Civic Center Upgrade & This project would widen the indoor track S 950,000
Improvement at the facility and construct offices under
i the track, That would allow staff to move
from the rear of the building to these
offces and then restore the rear portions to
the meeting room and kitchen originally
designed by O'Neill Ford. The
J modifications will allow for additional
~f types of uses for the building €
TOTAL FACILI I IES PROJECTS S E,500,000
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PARKS/RECREATION/BEAUT IFICAT1OlVARTS PROJECTS
PRIORITY PROJECT DESCRIPTION ESTIMATED COSTS
CRITICAL FUNDED
01 Upgrade Existing Parks Bring all park parking lots and drive into S 2,000,000 j
(Denia, hlack, North Lakes, compliance with City code requirementsfor
and Evers) pavement and landscape screening; reconstruct
and'or resurface existing lots, add curb where
practical; replace existing park signage in
accordance with new standards.
02 Additional Athletic Fields Construct 2 lighted soccer or baseball fields, S 550,000
picnic, playground, walks, drives, parking,
utilities and landscaping to serve rapidly
grow ing area in south Denron.
03 Community Park Land Acgrisition Acquire land for community parks in S 1,600,000
rapid growth areas in for south and far
east Dcnton (approx. 60 acres at $25,000
per acre plus 20!4),
44 Tratls'Linkages Construct up to 3 miles of hikefo ke trails in S 640,000
parks and greenbelt. Standard trail would be
concrete, 10 leer wide, but surfacing is flexible.
Also includes interior 6dom walks In various
par4
as Dcautl (cation Provide 540,000 per year for first four years for S 160,000
beautification projects to be recommended
annually by the City and confirmed by the Oversight
commince and confirmed by City Council. Types of
projects could include large-scale Irrigation A land.
scaping on public property, entranceways, public art
fountains, curb tecoratructiordpattemed
concrete on medians, etc. Funds could be
used to leverage marching funds from other
entities
I
06 American Legion I N11 Annex Construct new building of 1600 squire feet S 115,000
adjacent to existing American Legion Hall
in Fred hloore Park,
TOTAL C'R111CALIUNDFD S 5,325,006
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PARKS/RECREATION/6EAUTIFICATIO,N/ARTS PROJECTS
PRIORITY PROJECT DESCRIPTION ESTIMATEDCOSTS
CRITICAL NOT FUNDED
Oil Aquatic Center Combine recreation!%ater play elements wirhynr• S 4,000,000
round competition pool to serve both DISD
vd leisure needs. DiSDW eIlocated $3.5
Million for this project.
TOTAL S 9,31!,000
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TRANSPORTATION PROJECTS
RANK PROJECT - DESCRIPTION LEVEMOE _ j COST, i TOTAL COST
CRITICAL FINDER L... - _ .
41 f.RINKERRO
, tlDl),OOII 000,000` IOO,000
,This prated is a partnership between oily of Donlon and Denton County
The protect funds will cover engineering. construction, and contingenclea.E
The "ed will provide a fourdano divided arterial between Wal-Me l orni
Brinker Road lo Colorado Boulevard al Southern Nina (Brinker). Denton
County funding is in place currently covering englreerkg glans. The
owner along the route are donating the rightof soot'.. 1
e2 TRAFFIC SIGNALS
200000 b011,000 1,TOG,`Kf0
The prq'ecl will p•ovda to Cry of Demon's match In a Federal Congestion,
Mitigation Air Quality projed tal links and ooordinolea signal systems on,
the Loop 28nRlOn Miller corridor between McKinney Street and Hickory
Creek Road at Teasley, signals systems on Teasley Lane (FM 21611'
between Wo"" Lane and Londonderry, and on US 377 between Collins'
and Oenleis street, This covers design and oonshclion, The project Is'
ranked very high on CMAO Call for "eds In June 1990. Miscellaneous t~
b traffa signal funding provides design and construction for traf0o signal I
projects throughout the city as traffic alpnal warrants era met {I
03 HICKORY CREEK Thi3 . - _ 1
breed 4 another paMership with Donlon Count' and .allo-w_s is 4500,000 ~ 740,0001 2,480,600
design and construction of a four-lone curbed section between PM 1830
and FM 2181. The county bonds are already approved. Private funds ari
also available to help with construclan costs In some areas
as RAMP REVERSAL Ths project 1Lnding coven the Cry of lknFanoi-coi'trili n for ■ 2006,000 gWo` 2. 50,000
TXDOTMCTC00 project a modify IH-35E seeeas ram" between State,
School Road and Teasley Lane. The ramp reversals Reprove soon to,
propertas while reducing to through baffle hrough the,
underpasses and frontage roods at the mayor fntsrectans, such all loop
288, The funds cover design and oonstrudan. The project Is on the new
Metropoiltan Mobility (MM) list at NC I'000.
05 PAVINO'SIDEWALKSBIKE LANES This project provides funds to design and build sidewalks. Nike peths,-andj ' T,30g 000 111,a DOg
trahs In city and stta rightsof-way. A trolls plan under deveapment now
win guile the programming of fu ride that will oamplemenl the hha propoeadi
in the parks area Miscellaneous street paving funding will allow and f'
e;panelon of the repavkg, reconsWctan, and conatructan of cly street, {
Thera Is currently an est,rntied 616 melon of backlog of streeel repavtrg
needs
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TRANSPORTATION PROJECTS ;
RANK PROJECT DESCRIPTION - i UkkAOE I COST TOTALCOS7
43 US 77 IjThe northern section Is a TXCCIT project IMI was itsrted h the 1/30'l t So3,ooo . 1,450,D00, 1,100,000
The City of Denton has signed agreements b provide 11,000,000 lowarJs '
construction, 0200,000 lox oldewalks, and to acquire ale rights or way for the i
pro{sd. Right-of-way ecqulsnion Is curtently funded and nearing
;compielion. The project Is "Ifuled far construction in 20004001, Tht
proposed US 77 repaving N a project Intended to provide a stimulus laic
T%DOT to upgrade the pavement condltktn on the section of US 7?
between US 330 and Eagle Drive (Locust and Elm Street). This prgw Is
Intended to provide a Npnilconl ombioul n award a partnership Iii
TKDOT on the upgrading of the central arteries In Denton.
h 7,100,000
35E past FM 1830)
TXDOT to share Ins des n and construction costs of tN widening of Fart'
47 WIDEN FT WORTH DRIVE (south from Il;• ~th aDrive between mother MerMI Hp between ~ FM QUeO nton, tort Corf u a, 3,01:10.0615 I 1 ODO p00,1 at the 48
BONNIE BRAE (between Riney Road end 'This Project CwW hovide di!e pla tonetrudtbn of one-411 oftfie iecUon o~ 250,000 _ ...250 0002 .
a tin 1,110,060 ,
US 77) Bonnie &as between Rkhoy Rood and US 77. These funds win collaborate
w1t h developer funds 10 complete ON lost remainN section of Bonnie Brat
between US 77 and IH35E.
M9 MCKINNEY STREET (FM 123) (four-lane The funds eetlnuted for this p piciect are to cover mircetlaneow ii hlof-weI
C l I 250,0002 1,/00,000
divided urban) clipa, slo easements, ark other small normal In aa ilon with ThDOT
~esii orMthis s e0atdaat Lehe r bet Lewisville oodrdw ILNen project Is west ~ n~ 6000000
The discretionary MM hill at NCTCOO with m estimated 2001 start dais.
010 US 330 (FROM US?? TO 135) The Ilmits of the project (Rhose 111 or Ut 330) are bdm US 11 (Elm erkl - 3100,OW '
250000 ~ 2,150,000
Locust) on the east to IH35 on Iht west This proed his also recently
been eefeded on the new MM DaVotbnery list at Nl3T000. Phase I N' j
nearing completion, and Phase 11 Is expected to start In ?000. Phase lit hat
an estmated 2001 start date Funds will cover miscellone0 a rlghtof-i
dips, stope allotments, and other minor cash needed to blend this "ocl
into L'Y existing condurd.
Oil CONTROL TOWER Funds provds a control lower at the Denton Airport b direct We elloroR I 1 600,000 1,110,000
movements bh and 00 of rhs.airport.
com eled for N F total arts b address 250,600,-
412 FRY STREET A traffic small issues area , ede an won has u, been parking, end other related Issues. These funds wltln 1,100,^00
match tapiW raised bay the Fry Sired community in a partnership of public,
and ivats Interests
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TRANSPORTATION PROJECTS
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RANK PROJECT ~ OE9CRIPTION LEVERAGE C09i TOTI~LCOST__ .R
es US 77 Tha naMern sedan Is a TXDOT project Wt was started in the 1980's.1 4,900,000 1,450,000 111,1100,900
The City of Denton has signed agreements to provide 57,000,000 bwardla
construction. 5200.000 for sidewalks, and to acquire an rights of way for the! h
projeaL Riphlof-way acquisltlon Is Currenoy funded and nearirq~
Completion. The project Is scheduled for Construction in 2000.2001. The
proposed US 77 repaving is a project intended to provide a stimulus toy
TXOOT to upgrade the pavement condition on the section of US 77:
between US 380 and Eagle Drive (Locust land Elm Streets). This project li
Intended to provide a significant Contribution toward a perlrtarship wlth J
e,7 WIDEN FT WOR tH DRIVE (south 1i fH: T 44i ~nOther paths nip of the central Deiween sC~ily ee D Donlon. nonn. Donlon Count', firth 7,000,000 1 000000 - i
1,/Obb00 i~
35E past FM 1930) TXDOT to snap be design and Construction costs of the widill of Fort
Wrath Drive between 11614% to pest FM 1630 at the second rsllrcod
in ad.
06 BONNi£ BRAE ~belween Riney Road and Th s project witl pr r Ce daslgn and rAhstru,tan on1 nal of the section 251 25000 4450,000
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US 771 Bantle Bret betwe.a Riney Road and US 71. Theis funds will Wisticrfte,
with devektper funds to complete the lost remalnirig section of Swirls Brae
__---between US?? and H-341E.
09 MCKINNEY STREET tFM 4281(four4i i -Tl,i furies eelimaleG for InGproject an to oovar mbcellans0us Mpht •way~ 4000,009 250,000 __11,460,OOq
dWed urban) dips, slope eosemen% and other small lima 0 cooperation with TXDOT.,
\1 The limits of this project are between Woodrow Lane an Ina welt and Camp i
CODaii On the east at Lake Lewisville, The projed Is on that new'
disuetkM MM Ilst st NCTCOO with an estimated 2004 start data,
Mt 0 US 790 jF1iDM U9ii
project (Prase III of U9 3801are
1 - - tom U977 ( im and 7,600,000 290,000
list N This pimiact has also recently.
Locust) oil east t new 3 on the west
T013d b cCTC een t seecle e can t and w M OthIf Iser crello expected b start P. 2000. PhPha 111 h s:
an estimated 2004 staA data. Funds will cover miscOarlsoue rlghtcf•wey'
dips, slope easements, and other minor Coen needed W Wend this project
Into tie exist) cond'~Ibne,
all 'CON10Ol TO"FR_ funds 06;,di i poi va` lows ii mil &A-0KA1r 1 I airici 4F iiivan i`-`~" `f` sod abo " I,iio,doo
movemenls kl and out of Me isorL
_ rry §tr eNarea b eddreos 700.000 _-X50.000"` -i 400,300
012 - FRY STRE~.f . tr imlilt a iue..-. - pat - ha .-sJbeencomp- ..___l eted _-_fame
e, sidewalks, parking, and other related Issues. These funds wfli
match Capital raised bay" Fry Street Community In a partnership of pubs c
and Nate interests.
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TRANSPORTATION PROJECTS
RANK PROJECT - ESCRIPTION _ -LEVERAGE L- COLT _ TOTALCOBT-,
TM farrnufa lar these funds la to ded Ibe 7% d the funds aveltable toward 225000 9125,000
M13 MASS TRANSIT INITIATIVE/ -
Imass transit Funds cold eddreas opaatbn plane, Inlerconnedbn with
regional systems Ike DART or the T or transl system cosb
_ .
TOTAL CRITICAL WOO
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TRANSPORTATION PROJECTS
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RANK PROJECT bESCRIPTION - t LEVERAGE { - COST j TOTAL COST
CRITICAL NOT FUNDED
014 377 ALTERNATE This protect Is to provide funds towards 0 partnership wHh devebpers to - 2,000.000 t,900,000' 11,525,000
create a bansportaton Corridor between US 777 end [H-35W. City costs
w11 fund street costs on the eastern and and the ra Proad crosalrgs. Right
of-way For the en0ra routs has to be dedicated and In place prior to
expending these funds. _
015 LOOP 288112.000) This Section is between IH 35 and US M. The preliminary schematics and 5,000,000' - 1,000,000 12,523,000
environmental clearances are being funded by Denton County and the CRY'
of Denton row These funds would partner with Denton County and TXDOT,
to pet the constructor pane done and then to buy riphl of way to speed the
potential funding of the construction by TXDOT. This route completes the
Loop 288 Truck Route that atows US 380 to be taken o5 the truck route
through the center of Denton.
018 LOOP 288 )28,000) This Tsection Is
will tome 1000,000 250,000E (9,175,000
o complete 3oonstruction 55. Funds would u t psirer
DantoneeCounty n US HO and
TXDO
next eher the preliminary work That Is currently being funded by Oentart,
County end the City of Denton fa schemotlcs and emilronmental approvals.'
Funding lor rlghtof-way and construction should come in the 2008 bond!
017 WIDENING HWY 2181 This prated Is to hind engineering plane for the remainder of Teasley Lane, 5,DOO,000 ji 250,000 13,023,006
from the southern branch library o the Corinth City Limits, This project
would also be ■ panneship between TXDOT, Denton County. the City of,
Denton, and Corlndr to speed can let'an of the cruclsl artery
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018 LAND ACQUISITION Funds will cover the purchase of (and on the ends of the runway as neededE 7,200,00 220,000 - - 13,245,000 j
to safely expand Ihs Iegih o attract larger jets and more airport e0c. ! i
019 HWV 2490 These ulunds are to
by y funding constructs plane, The mrsimaks 2 andf 10,000001 60,000r 13,i11,G60
towards construd
environmental clearances are currently undanvsy in a partnership between r
Denton County end the City of Denton. _ i
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TRANSPORTATION PROJECTS
_RANK - PROJECT.✓ DECRIPTX3N -'i
- - -J~-----_-,-. L&ERAOE COST TOTALZrOST
CRITICAL NOT FUNDED _
- TL-
alt 377 ALTERNATE Thin prcyod Is to provide funds towards a partnership with developers b'~ 2,DDD,DDO 5,900,000 11,S2S,OlM
,create a transportation corridor between US 377 end HOW City =4
win fund street costs on the eastern and and line ranroad crossings Right,
01-woy for the entire routa has to be dedkAled and In place prior to
expand nthese funds.
al S LOOP 289 I t 2,uoo l 1'ha section b between IH 35 end U3 X80. TM Preliminary acl+amatks and 000 1,00p,000
environmental Ueorancee aro bring funded by Denton County and the C4
of Denton now. These funds would partnx with Denton Canty and TXDOT,
to pet the construction plans done and then b buy right of way to eased 1M `
potential funding of Me oonaeuctlon by TXDOT. This rate completes the
Loop 268 Truck Routs that allows US 360 to be taken off the truck rate
IhroughMecenterofDenton,
ri19 LOO;' 288(28,000')---- sis ectbn b between US 360 and 1H-35W. Funds wduM partner with, 10,000.000 250000 12,77!,000
TXDOT and Donlon Canty Ito Compiela construction plans that will come,
next after Me preliminary work that M Cw Ply being funded try Danlorti
N County and Me City of Denton fa schematics and onvkonmentat spprovals
Funding for Nhl-of•wsy end cons"clon should come In 1M 2005 bond
pogrom. ~
1117 WIDENiNIS HNA' 2181 Thi1 proJeUTf W ,~ndingineenng phne Me remainder WTusiq Uns~ 5,000,000 250,000 13,025,000
from " soulhwn branch library 10 the Corinth City Limits. This project'
wou:d also be a partnership between TXDOT, Donlon Canty, Ms City
oft
Denton, and Corinth to speod rwmaetion of MI cruWl orlery,
#I ti LAND ACOUISiTICIN - - --~--Fundf will coves the rWSO of land on IM ands the rumvaa neododi 2,200,000 220,900 ~ 737314-06b
_ runway
to safely expand the lenslrpM gth to attrect ie gar iota and more InHk
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019 HVVY2494
Tnesa funea sn ~ - movant + tT o~ F FM 1~9~
towa 0-- --'iJ,7e5,000
COMIrUCI b bn pabyy for N or I MS movement fop aanssc. tbn The va scMm o0 10000,00
environmental clearances aura curron0y underway 0 s partnership between, i
Denton Canty and MCI N Dentin, L _ _ r
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TRANSPORTATION PROJECTS
RANK PAOJECT DESCRIPTION Lt?YERA08 __T _ COST I TOTAL 1:OST
020 FM 1670
projed K td by i r4 the devebprt+eM d desipri icAan>o73, 2000,1010 300.000 14,046,000
and enWrommental dearences d,rough T%DOT for FM 1630 Wween USA
~i3TT and " DentwArgyle Cny timita FM 1630 has m*r(dy been
expended b hdude shoulders from 614 Derbn Coy fhdb south to FM 407
j Thin project also nnks b FM 2499 at FM 407. I - ^
_ _ 111
021 WINDSOR INTERCIIANOE ;Tirisfull overpass N propoeeQ b riploca !hi ittg ode k treriedbn of KNPi 6,600,000 V u 5&,6m
14 (/1,000
Rowrloop 2S8. The project la needed b aid conversion d ft north Loop
288 section b an expressway to support Ora movement d ticks and b
preserve the capacity of Loop 268 for regional traf& venue klcal access
using at-Weds crossinpo
022 MISC PAVING This projW Is b p,jv do fundlrq Air Seel oonneci onS needed '1o prortala~ - .2,400000 _ 11,04!,000
nonfvsoulh and east wesi anerles In the C4 of Denton. Some d IM funde
will be used b repave and reo"buct existing City Streets that are pan d
the tfi million paving backlog,
TOTAL CRITICAL NOT PuN01b ~ ~ _ _41x700,000 1S 7 4}0,000 _ i
W TOTAL- of
of i-" ff".00
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PROPERTY TAX
Ten Year History
YEAR PROPURTY TAX
Y~lw Rate Lev
198990 2,129,815,882 0.61030 13,107,415
1990.91 2,004,082,124 0.85510 13,718,332
1991.92 1,970,085,154 0.68510 13,496,918
1992.93 1,012,619,666 0.71800 13,732,809
1993.94 1,075,109,346 0,74790 14,023,943
1994.95' 1,975,426,752 0,50090 11,080,189
1995-96 2,047,819,765 0.54090 11,076,657
199&97 2,169,892,097 0.52840 11,465,710
1997-98 2,320,880,444 011315 11,940,387
1990-99 2,348,190,890 0.60615 11,932,373
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AGENDA INFUILAIATIONS11EET D*
AGENDA DATE: October 19, 19W
DEPARTMENT. Police
CAI: Michael W. Jet
SUBJECT
Hold a public hearing inviting citizens to comment on the proposed usage of 1998 Local
Law Enforcement Block Grant funding.
HACKGROULN
In accordance with the Omnibus Appropriations Act of 1998, the Director of the Bureau
of Justice Assistance set aside funds for units of local governments within a State. The
amounts per State are proportionate to the State's average annual amount of Part 1 violent
crimes compared to that for all other States for the three most recent calendar years of
data from the FBI. Awards to units of local government are proportionate to each local
jurisdiction's average annual amount of Part 1 violent crimes compared to all other local
jurisdictions in that State for the three most recent calendar )cars, A local cash match of
Icn percent is required. Block Grant funding must be obligated and expended within 24
months of the date ofinitial payment.
Funding can be used for rbe follow in I
g purposes related to law enforcement:
(1) the employment officers or support personnel;
(2) overtime pay of officers and support personnel;
(3) equipment, technology, and other material directly related to basic law
enforcement functions; or
(4) enhancing security measures in and around schools or other locations
considered a special risk for incidents of crime.
Upon receipt, grant funds must be placed in an interest bearing account Prior to the
obligation of any funds, an advisory board that includes representatives of groups with a
recognized interest in criminal justice and crime or substance abuse prevention and
trcatnicut must be established to review the application and make a non-binding
recommendation for the use of funds, The Board must include representatives from the
local law enforcement agency, local prosecutors office, local court system, local public
school system, and a local nonprofit group active in crime prevention or drug use
prevention or treatment, Additionally, at least one public hearing must be held regarding
the proposed use prior W the obligation of any funds received, i'
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In June 1998, the City of Denton received notification of its eligibi7ty for an award
through the Local Law Enforcement Block Grant Program in the amount of $102,229.00,
with a required local match of $10,223.00. An application was submitted designating its
use for equipment and the local match was included in the 1998.99 budget. The grant
award was approved.
The following individuals were appointed to an advisory board under the administrative
authority of Gary L. Matheson, Chief of Police;
Stephanie Berry - City of Denton Attorney's Office
Ken Royal - Denton Independent School District
Robin Ramsey- City of Denton Municipal Judge
Joyce Snay -Mothers Against Drunk Drivers
Clovis George Denton Police Department
A meeting of the Advisory Board was held on September 20, 1999, at the Police
Department. Police Capt. Joanie Housewright presented the committee members with
infonnation about the grant program, application, administration and the award amount.
Members were also provided with the following information regarding the need to utilize
this funding for a geographic-based automated calling system, police bicycles, and
portable and mobile police adios.
The geographic-based calling system will allow the Police Department to quickly contact
citizens in a very specific geographic area and communicate urgent information to them.
Department personnel would type a message into the computer and then select a
geographical area for contact. The system's computer will then call every phon^ number
listed in that area and deliver the message. It also has personnel grouping capabi'ity to
facilitate the rapid deployment of personnel. The system includes a stand-alone i?C and
all necessary software, including mapping is provided. The system "grabs" existing
telephone lines designated by the agency to tee •%hcn making calls and, therefore, no
additional lines must be installed for dedication to the system. While the system offers a
variety of features, we see greatest benefit in the following spccifie areas:
• Notification of large numbers of residents when an emergency situation exists
in theit area, For example, the provision of information to Southeast Denton
residents upon notification of a Denton County Jail escapee; the provision of
information regarding missing children; or the provision of information of a
hazardous material spill that requires evacuation.
• Notification of Department personnel when rapid deployment is necessary.
For example, the Tactical Team can be grouped in the computer with up to
four contact numbers. A message would be typed into the computer ordering
the Team members to report. The system will call all four numbers, home
phone, cellular, pager and office, and continue to call until it receives
confimiation from the Team member.
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The Department currently maintains a fleet of thirteen bicycles. Some of the bicycles
were purchased as early as 1993 and have experienced great wear and tear over the years.
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Repairs are increasingly expensive as the replacement of certain parts requires the E
replacement of other parts. This can result in the repairs costing as much as half era new
bicycle. Bicycle patrol has been an extremely successful program and the Department
has just created a true bicycle unit that is deployed in specific areas to address identified
problems. It is imperative that the Department purchase nine new bicycles to insure
officer safety and the continued success of this program.
The Department has requested three additional police officer positions through the
Federal COPS Universal Hiring Program. Should that request be approved, the
Department will use part of this grant funding to purchase portable radios for those
officers. Any remaining funding will be used to begin replacing the mobile radio units.
These radios are approaching a state of obsolescence as the manufacturer ceases
production of the mobile radios.
Following a discussion of the information provided, the commitiee agreed to support the
Department's recommendation that this grant funding be used fcr the purchase of the
automated notification system, bicycles, and radio equipment. A public hearing must
now be held prior to the obligation and expenditure of these funds.
PRIOR ACTIONIREVIEW'
The required local match was appropriated in the 1998-99 budget. The Advisory Board
supposed the recommendation of the Police Department that funds be used for the the
listed equipment
FISCAL IMPACT
The funding for this program is as follows:
Federal Contribution 5102,229
City Contribution 10.223
Total 112,452
The proposed expenditures are as follows:
Notification System 535,100
Bicycles 10,800
Radio Equipment 66,652
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As stated the local match was included and approved in the 1997-98 budget process.
Respectfully submitted,
AG L. Matheson
Chief of Police
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Prepared by;
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7 io Wright
Caplain
Support Services Division
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U,S.DEPARTMENT OF JUSTICE GRANT MANAGER'S MEMORANDUM, PT.1:-
OFFICE Or )VST1CE PROGRAMS
DIP O BJA F] GJ PROJECT SUMMARY
O GRAM E] COOPERATIVE AGFEEMENT
B15 U NU ~ OVC
d
Q~an'td CHECK APPROPRIATE BOX PROJECT NUMBER
96L0VX219
ttrsda
This Dro~'eat h supporkQ Tide 1 of the Omnibus Crime Control and We Streets
lb"N) USC 3701, at amended.
Thh project B supported under Uie Js. tnkle lwdu and Delinquency Prevention Ael of 1974,as upended
X Other Omnibus Appropr)pion Act of 1996
I. STAFF CONTACT (Name, address A kkpbone numba) 2, PROJECT DIRECTOR (Namgaddress A kkpbone number)
Grant Adminlssration Brnch Michael le:
LLEBO Division, BJA Asshstam Manyer
610 7th Streit, NW, 4th Floor City of Denton
Washingm DC 19531 601 E Hrekory, Suite E
(202)30!-2061
Denton, TX 76201
(910349.7926
3a. TITLE OF THE PROGRAM 3b. POMS CODE
Local Law Enforcement Btock Grants Program LE
4. TITLE OF PROJECT
Local Law Fnforo ment Block Grants Propam • 1991
NAME A ADDRESS OF GRANTEE 6. NAME ! ADDRESS OF SUBGRANTEE
City of Denton
21! E McKinney
Denton, TX 76201
1. PROGRAM PERIOD 1. BUDGET PERIOD
FROM IOroir)991 TO: 09I7012000 FROM: i0TJ1/1991 10: OW30/2000
9, MOUNT OF AWARD 10. DATE OF AWARD
S 101,729 913W 199)
I I. SECOND 1'EAA'S BUDGET v 12, SECOND YEAR'S BUDGET AMOUNT
NA N/A
IJ. TIBRDYEAR'S BLDGET PERIOD 14 THIRD YEARS BUDGET AMOUNT
NrA N/A
IS. SUbfNL1RY;>MRlMON OF PROJECT
The Locd Uu Enfgrcemcnt Block Crcants Program wu mthor&ed by the Omnibus Fiscal Year 1991 Appmpr)atioro Acf, Pub1k Law SO!-I 19 for die purpose of
provid'ng units of hoed government with funds to undcrwdta projects to reduce crime and Impeove public safety. The Bureau of Justin Aulstam will make direct
atom h to unlp ofLrcd government when award amounts are at least 510,000 to be used eomhtent with the statulory program purpose aeu specified In kmion i
101(a)(2).
The City of (4nton has indicated that It bmnds to distribute Its Local Law Fnforcemeni Block Granu A" under dte followby purpose area(s):
(I c) Equipmepl 6102,229 /
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Ceni0ed compliance, pursuant to fecdun 61l, Public Sakly ORken Health Beneftu provi:lon. ~
NCNCF s
OJP FORIv140003 (ARV. 5-111 PREVIOUS EDITIONS ARE OBSOLETE
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1998 LOCAL LAW ENFORCEMENT BLOCK GRANT
ADVISORY BOARD MEETING MINUTES
September 20, 1999
On September 20, 1999, at 9:00 a.m,, the 1998 Local Law Enforcement Block Grant
Advisory Board appointed by the authority of Chief Gary L. Matheson, met in the Front f
Conference Room of the Police Department, 601 E. Hickory, Denton, Texas. The j
following members were present: i
Stephanie Berry - City of Denton Attorney's Office
Clovis George - City of Denton Police Department
Joyce Snay - North Texas Chapter, Mothers Against Drunk Drivers
Robin Ramsey - City of Denton Municipal Judge
Ken Royal - Denton Independent School District
Capt. Joanie Housewright, Denton Police Department, presented the committee members
with information regarding the grant application, award and administration and explained
the Police Department's desire to utilize the grant funding to purchase a geographic-
based automated notification system, police bicycles, and mobile and portable police
radios. All written documentation provided is attached.
Following discussion, the committee agreed to support the Department's
recommendation that the funds be used to purchase MDC's. The meeting was adjourned
at 9:35 a.m.
V J e o sewright
Caplai
Support Services Division
Denton Police Department
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1998 LOCAL LAW ENFORCEMENT BLOCK GRANT
ADVISORY BOARD MEETING
September 20,1999
Grant i ln: Local Law Enforcement Block Grants Program
Bureau of Justice Assistance, U.S. Department of Justice
Grant Program: In accordance with the Omnibus Appropri>tions Act of 1996, the
Director of the Bureau of Justice Assistance set aside funds for units of local
governments within a State. The amounts per State are proportionate to the State's
average annual amount of Pal l violent crimes compared to that for all other States for
the three most recent calendar years of data from the FBI. Awards to units of local
government are proportionate to each local jurisdiction's average annual amount of Part I
violent crimes compared to all other local jurisdictions in that State for the three most
recent calendar years. A local cash match of ten percent is required.
Funding can be used fdr the following purposes related to law enforcement:
(1) the employment of officers or support personnel;
(2) overtime pay for officers and support personnel'
(3) equipment, technology, and other material directly related to basic law
enforcement functions; or
(4) enhancing security measures in and around schools or other locations
considered at special risk for incidents of crime,
Upon receipt, grant funds must be placed in an interest bearing account. Prior to the
obligation of any funds, an advisory board that includes representatives of groups with a
recognized interest in criminaljustice and crime or substance abuse prevention and
treatment must be established to review the application and make a non-binding
recommendation for the use of funds. Additionally, one public hearing must be held
regarding the proposed use prior to the obligation of any funds received.
Award Aw~ at Federal Funding - $102,229
Local Match o 10.223
Total = 112,E :2
Department Proposal for Use of Funds,
Reverse 911 - 535.000
Reverse 911 is a geographic-based calling system that would allow the Police t
Department to quickly contact citizens in a very specific geographic area and
communicate urgent information to them. Department personnel would type a message
into the computer and then select a geographical area for contact. The computer would
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then call every phone number listed in that area and deliver the message. It also has
personnel grouping capability to facilitate the rapid deployment of personnel. According
to the vendor, Sigma/Micro Corporation, the system includes a stand-alone PC and all
necessary software, including mapping is provided. The system "grabs" existing
telephone lines, designated by the agency, to use when making calls and, therefore, no
additional lines must be installed for dedication to the system. Delivery could be made j
within 60 days of purchase and, after minimal staff training, will be immediately ready
for use. While Reverse 911 offers a variety of features, we see greatest benefit in the
following specific areas.
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• Notification of large numbers of residents when an emergency situation exists
in their area. For example, the provision of information to Southeast Denton
residents upon notification of a Denton County Jail escapee; the provision of
information regarding missing children; or the provision of information of a
hazardous material spill that requires evacuation.
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• Notification of Department personnel when rapid deployment is necessary.
For example, the Tactical Team can be grouped in the computer with up to
four contact numbers. A message would be typed into the computer ordering
the Team members to report. The system will call all four numbers, home
phone, cellular, pager and office, and continue to call until it receives
confirmation from the Team member.
• Notification to residents of community events in their area. For example, the
system could be used to notify residents of neighborhood meetings or
community activities such as the Owsley Easter Egg Hunt. It would also be
available to other City Departments for notification of public hearings, such as
Planning and Zoning, with agenda items that may affect their area.
Police Bicycles - 510.800
The Department currently maintains a tleetof thirteen (13) bicycles. Some of the
bicycles were purchased as early as 1993 and have seen great v car and tear over the
years. Repairs are increasingly expensive as the replacement of certain parts requires the
replacement of other parts. This can result in the repairs costing as much as half of anew
bicycle. Bicycle patrol has been an extremely successful program and the Department
hasjust created a true bicycle unit that is deployed in specific areas to address identified
problems. It is imperative that the Department purchase nine (9) new bic,rcies to insure
officer safety and the continued success of this program.
Portable Radios • S7.500
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The Department has requested three (3) additional Police Officers through the Federal <
COPS Universal Hiring Program. We propose using a portion of the 1998 LLEBO to
purchase portable radios for these new positions.
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Mobile Radios • 559.1
The Department's mobile radios are approaching a state of obsolescence when the
manufacturer stops production of replacement parts. We propose using the remaining
funds to begin replacement of the mobile radios.
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AGENDA INFORMATION SHEET Apkbkn
D*
( AGENDA DATE: October 19",1999
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DEPARTMENT: Planning & Development. DD arlment
CMIDCM/ACM: Dave Hill, 349.8314
SUBJECT '
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas adopting the
Comprehensive Plan as an official policy document intended to guide future community growth and
development decision-making as authorized by Chapter 219 of the Texas Local Government Code and
the Charter of the City of Denton; providing for the repeal of all ordinances in conflict herewith;
providing a severability clause; providing a savings clause; and providing an effective date.
BACKGROUND
A third draft comprehensive plan public hearing has been scheduled for October 19`h, 1999. Council is
also scheduled to consider adoption of the draft Plan after the public hearing has been closed.
Council Members last reviewed the draft Plan on October 12ih, and made several revisions as identified
in the attachments. Asper Council instructions, Council Members Kristoferson and Cochran met with
staff to make final adjustments to the Urban Design chapter. The most recent version is Included in the
attachments.
The Planning & Zoning Commission conducted a third public hearing on October 131', during which
one person spoke in opposition and one person submitted written comments. For a variety of reasons,
the Commissioners declined to make a draft Plan recommendation to City Council by a vote of 5-2
(Gourdie and Englebrecht opposed). Among the reasons cited for such a decision were: the process
seems rushed, the issue of density has not been resolved satisfactorily, affordable and manufactured
housing issues were not properly addressed, there is still citizen opposition, the Denton community
deserves a better quality Plan, and a final version of the Plan needs to be reviewed before it is
approved.
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OPTION'S
1. Make final revisions and adopt the Comprehensive Plan.
2. Make further revisions and extend public review schedule.
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RECOMMENDATION A
The Comprehensive Plan should be adopted in a form suitable to facilitate continued Development
Code Rewrite work. Staff intends to submit a publication-ready draft of the plan for review prior to
{ printing and public release of the final document.
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ESTIMATED PROJECT SCHEDULE
October 10 Third City Council Public Hearing & Action
PRIOR ACTQN T.EViEW
Date (all In 19491 Draft Comprehensive Plan Review Actbity
February 23 d City Council Review: Introduction, Population Forecasts, & Growth
Management Strategy Chapters 1
March 30'" City Council Review: Infrastructure Chapters (Transportation, Water,
Wastewater, Stormwater Drainage, Solid Waste, Electric Utilities)
April 13" City Council Review: Parks & Open Space, Urban Design, "The Street", &
"The Edge" Chapters
April 27" City Council Review: Historic Preservation, Public Facilities, & Economic
Diversification Chapters
May 11'" City Council Review: Environmental Management & Public Involvement
Chapters
May 21" City Council Retreat Review: Land Use Chapters (Residential, Commercial
Retail, Civic / Institutional, Industrial, Special Districts), Recommended Land
Use Plan, Implementation Strategy, "Maintenance! Enforcement", & School
Districts Chapters
June 22"d City Council Release of draft Comprehensive Plan forpublic review
Approval of Public Involvement Schedule
June 23'd P&Z Review Session (during RegularMeeting)
July 14'" P&Z Review Session (duri ng Regular Meeting)
July 21" P&Z Review Session (Special Called Meeting) (I
July 2& Public Meeting - Denton High School
July 20 P&Z Review Session (during Regular Meeting)
July, 20 Public Meeting - Center for Visual Arts
August 2"d Public Meeting - Wilson Elementary
August 5 h Public Meeting - Borman Elementary
August 0 Public Meeting - Sam Houston Elementary
August 11'" P&7, Review Session (during Regular Meeting)
August 12'" Public Meeting - MLK Recreation Center
August 14'" Public Workshop - Calhoun Middle School
August 25'" First P&Z Public Hearing
September 7" First City Council Public Hearing
September S'" Second P&Z Public Hearing: P&Z Commissioners forwarded several concerns
to City Council, declining to make a recommendation to City Council until
revisions are made, by a unanimous vote
September 10 City Council Revisions Work Session
September 2l" Second City Council Public Hearing
September 22nd P&Z Public Hearing
October 4" Joint City Council - DISD Board Meeting to discuss "Schools" Chapter
October l2m City Council Work Session
October 13'" Third P&Z Public Hearing: P&Z Commissioners forwarded several comments
to City Council, declining to make a recommendation to City Council, by a vote
of 5.2 (Gourdie and Englebrecht opposed)
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FISCAL. INFORMATION
The draft Comprehensive Plan has been produced using existing city staff resources oece the Growth
Management Strategy was completed and approved by City Council.
The Comprehensive Plan, upon adoption, will influence significant public and private investment and
funding decisions for several years into the future.
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ATTACHMENTS
Attachment A: Summary of Draft Comprehensive Plan October l2s' Work Session revisions
Attachment B: Draft revised Urban Design Chapter
Attachment C: Revised Draft Comprehensive Plan updated to reflect October 12'r' Work Session
Revisions and revised Urban Design chapter
Attachment D: Draft Ordinance
Res tlntly submitt
Dav s11
ssistant City Manager, Development Services
evi Draft
an cBe
Comprehensiv P ng Manager
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Revised Section 3 Growth Management
& Land Use
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Key Vision & Growth Management Strategy Elemenfs
C. GROWTH MANAGEMENT STRATEGY
Density levels should reflect the goals outlined in the Growth Management Strategy.
1. Policies
h. The city should be designed to accommodate people rather-thaq along with
automobMs. Transit, bicycle, and pedestrian linkages should beptannedand
knplemented lo serve daily transportation needs safety and conveniently.
V/V,
Goals & Strategles
A. RESIDENTIAL LAND USE
2. Housing Target Densities by Area
Housing should be allowed within all land-uses districts vfMin Wesity; except for industrial
districts However, long-tens care facilities and boarding and rooming houses may be
feasible in some cases within industrial districts.
Residential density k targeted aooordi V to ft Following schedules
DELETED: Table 3.1 Targeted Residential Densities
INSERT: Adopted Growth Management Strategy Densities
Average residential densities will be the some as exists today.
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There will continue to be an aersue citywide of 2.8 people per single-family
residential unit and 1.8 people per multifamily unit
The average citywide Single-Family-singb-family lot size will continue to be 10,000
SF, which corresponds to a density of 3 units per acre. The Single Family single-
family residential density in Nneighborhood Ccenters will averge 4 units per acre.
The average citywide density for Multi-Family-multifamily development will continue
to be 14• units per acre, which corresponds to existing development patterns.
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The minimum lot size for Sk"&Family-Low Density single-family low-density
development will be 2 acres, or more if required to support a septic system.
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COMPREHENSIVE PLAN REVISIONS ADDENDUM 1419-99 PAGE 1
H on 19 i F..s C4.1MwMw V Oa
ATT.,..~nT
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Revised Section 3 Growth Management
& Land Use
NOTE: Retirement mes, manufactured homes, group q s, an
housing types were Included In this calculation.
' NOTE: Densities higher than the average 3 units per acre for single-family
ar,d the average 14 ur.its per acre for multifamily will not be allowed with new
proposals until after adoption of the development code.
Residential land uae should not require minlrwm M saes; -except In rural areas where -1 to
2 acres should be required to suppertartJndivi" SeptiG-pispcaat Syatam .-kwAead; ahe
nwAbw el housing units slowedtn a paFticuler development wA be *wWo%d by the gross
dor si.'; requifemen4sof the zone9iskict,
Future definition of density ranges wig be ooroaiAed wr Mo tlwe hand development code,
Geographioaiignmentof #*"useswilld -enAhe zoning maµ
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Further definition of residential land use classifications that differ by type, density,
and geographic location will be Included In the revised develop sent code and
citywide zoning map. Three evaluation criteria will be taken Into account to d9%rr6! to
appropriate site-specific residential densities:
• Design quality
• Adequacy of public facilities
• Amenities provisions
The elements Identified above cannot and will not be separated from each other when
relative zoning densities are assessed. Development standards addressing design
quality, adequacy of public facilities, and amenities provision will be codified and
applied to all development The rationale governing the m gulation of residential
density include the following points:
a. Dense development can be magnify negative Impacts If Improperly
constricted.
b. Denton has experienced first hand the detrimental effects of high density
development that have caused resident concern.
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c. As density increases, the expectations of quality and assurance of proper
regulation must Increase.
d. As density Increases, the ability of a developer to provide higher quality and
more amenities per dwelling unit Increases. The city will use these opportunities
advantageously.
e. Density Increases can be used advantageously to protect or acquirot lands that
are environmentally sensitive or of signi icsnt value to the city.
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The recommended land use plan identifies the areas that will be treated as separate
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character areas.
Increased levels of home ownership is an objective that has been determined to
provide many potential community benefits, and serves an Important public purpose,
COMPREHENSIVE PLAN REVISIONS ADOENDUM 1419-99 PAGE 2-
H,1611 W PwW ConpJrisM pin let
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Revised Section 3 Growth Management
& Land Use
Diftrent a options will be cons to facHilmle the mp me I
stated objective: to achieves 80% single family- 40% multifamily ratio of residerfdal
development over the next twenty years.
4. Goals & Strategies 1
a Balance
2) Strategies
Revise the zoning and subdivision regulations to affect desired residential land
use Including.
b) For undeveloped land, replace take Into account both minimum
residential lot size in the zoning sode-with and density ranges that are
consistent with the principles and concepts of the Go-.4i Management
Strategy and Plan.
d) RequieeEncourage a variety of housing styles, ty,,es, and prices with
large, newly-developed neighboAwods.
b. Meet Projected Dew
Over the period from 1998 to 2020, N growth projections are accurate, nearly
50,000 additional housing units are needed In the city to a Waccommodate the
projected demand. created by antidpaledmeAel feroee
1) Goal
Add accommodate 30,800 27,000 single-famiy homes end 18,000
multifamily units by the year to briny the ratio of single to muMarroly housing
`rom 51 A9 in 1998 to 58.42 in 2020,
c Location Lq~.9Qgn. Location
1) Goals
Add Accommodate 10,000 urban-style housing units in the univers+ty oore
area by 2020. Add Accommodate i0,000 owner-occupied (condominiums,
townhouses, duplexes and singWfamily detached) housing units Inside the
bop (Loop 288,1-35 and 1.35E). Revise the development regulations and
allow urban-style housing in mixed-use districts.
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COMPREHENSIVE PLAN REVISIONS ADDENDUM 10-19-99 PAGE 3 -
M1161s M R"b" C0VM &%iq Mn ft
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Revised Section 3 Growth Management
& land Use
-S ra Fes
a) Define a Ddowntown Uuniversity Ccore DdisOct and develop small area
plans that identify specific housing opportunities and goals.
b) - Create a density bonus for qualified affordable housirvj projects and
cb) Es atabin aftNable fish le housing pa~q fee for water distribxAion and
wastewater collection fines that encourages development In the center of
the city.
dc) Establish c iteria for evaluating residential zoning changes to
assure consistency with the growth management strategy and Denton
plan policies and consistency with area plan reoommendatians,
ad) Encourage an new development to be contiguous to existing
development
to) Establish regulations that allow neghborhood-oriented, nonresidential
land uses In neighborhood centers.
0 A11mv higher-density, single and multifamily housing along major arterial
roads and near intersections of arterial and oollector roads.
h)-Explore meshanlsnvste trar►sFsr9evetepm~t flghta frmmt+nearea da
parcel 7o another; andImmone fwoelAoanother-
d. Dens' Where it Makes Sense
2) Strategies
a) Allow high-density, urban-style housing to appropriate areas waft the
University I DowrNown AFeadowntown univers ity core, and other urban i
activity centers.
b) Adopt minimum density standards in activity centers.
c)-Create a 4WAdy-bows forquaV*d aftrdable housirpVpMj$Gs and
pwbcipants in affordable housing programs-,
dc) Require adequate levels of service prior bo residential
development.
ed) Prohibit w4deratiai deveioparent in Ibe 4A4yeer ftoodpiain;-but
allow developers to k"xfe Noodpisin area to determine allow edAumber
of housing units in density calculations;-Determine the appropriats
methods to prevent development In the t 00-year AoodplaIn,
C. INDUSI RIAL LAND USES
2. Proposed Land-Use Classtficatloris
b Em ploymenenten
Employment centers are intended to provide locations For a variety of workplaces,
including limited light manufacturing uses, research and development activities,
offices, and Institution. Employment centers are also Intended to accommodate l'
secondary uses that rwmplemen t or support the primary workplace uses, such as
hotels, restaurants, convenience shopping, and child care.
COMPREHENSIVE PLAN REVISIONS ADDENDUM 10-19-99 PAGE 4-
r , ID ►ii an..a Gsprrrw ohn ~
Revised Section 4 Housing
r.
Introduction
RELOCATED:
Housing and residential land L%e Issues k xk4e, #*Uowk~
(REORDERED LIST(
UNeighborhood Protection
F;Heuslnq density
f~~ A►oods and convenient nsiyhbodwed servW"
! 4pravA andand kniTioleM Prov{ston of urban aervtess
rri.
Existing Situation
Denton's SNIe-family homes oome in many styles, sizes, and apes. In the much-admired,
historic core of the community, older Slone bungalows and clapboard&kWmansionslarper
estate-style homes epst side-by-side. Many dwellings in the older part of Denton would today
be classified as accessory dwellings: dwellings such as an apartment above a garage or at the
rear of a home that is seeo idary to the primary residence on the property.
IV.
Issues
A. GENERAL HOUSING ISSUES
Housing and residential land use Issues Include the following:
• Neighborhood Protection
• Housing density
• Walkable neighborhoods snd convenWM neighborhood senrlcea
• Hojising affordability
• Housing accessibility
• Sprawl and InefRclent provision of urban services
• Manufactured (rousing siting
AS. ROLE OF MANUFACTURED HOUSING
SC. DOWNTOWN UNIVERSITY CORE HOUSING
CD. VARIETY OF HOUSING IN NEW NEIGHBORHOODS A
COMPREHENSIVE PLAN REVISIONS ADDENDUM 10.19-99 PAGE 5-
H 10 1. 0 R.•rq corOWWW4 AW toe
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Revised Section 4 Housing
ICE.
2. Accessibility
In general, housing In Denton Is becoming less accessible to jobs, shopping, schools
and other activities. New sing"mily residential subdivisions often are located on
the fringe of the community, Isolated from work places, stops and schools that are
centrally located. InAll maldenWt development that is accessible to other
community facilities and activities should be encouraged. In the downtown university
core area and community and regional activity centre, some types of housing can be
encouraged In close proximity to other acti fifties. iJausinglnl~nlen is~eoomir►~prare
"onts. Ole tea ma}erigr ntosl al the *Nsfa
common, W449- developed wah louses #W QFs Oka 49 s
NWFOw MV-4Ofneidenis-Inadddi9W4WWsingle ha lreuc(ggdevelepmentisoftn
iseiafed vnyops shopping,. ad"sa 4olh r places lo vIsko 41ah
basis 4144M Aa is noNssesafblo lo-otheNanduaes
Yll.
Goals & S"fegles
A. ENCOURAGE AFFORDABLE HORN
1. Goal
Theoverall 90al One of the housing oonponent goals Inal the comprehensive pion is to
encourage tiro development and preservation of affordable housing appoNunitiss for low-
andmWerate-InwmehouseWds. Aplese peopiecanvvorkamd~we Dsnion-has
been k*cmasinq ftnurnber4d jot*h # esi y sI-# r * Nme@-" m eof
Housing must be made available and affordable for those who work in the aty. La'6.n.-* with
agencies to increase owrw-occupied affordable houNng,
B. CONSERVE FASTWca HOSING STOCK
2. Strategies
a. Affocale more then up to SD%percent of Community Development Block
Grant (CDBG) funds annually to housing assistance programs for low- and
moderate-Income households.
b-Mstcl►C(l96 hN►ds~r~rai .
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COMPREHENSIVE PLAN REVISIONS ADDENDUM 10.19-99 PAGE e-
N 116 t► A IV.M/ [ap~lq p,,, a,
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Revised Section 7 Water Services
Goals and SlWaftles
8. STRATEGIES
3 Build an additional water treafineM plant to improve the cWs ability to manage
nonessential water demands during periods of supply shortages, equipment Wures or
related emergencies. Build the plant at the Lake Ray Roberts site rbaginnhj-wtth a 4420
MGD (million gallons per day) capacity. Phase Vo plant in whh 10 #A6Dineremanla;
beginning hitial epsratioafathe sprlagof2003:-lira plant willf*W- abesipandaairam40
1a.4 ;ace *Ah Mw0arm4popuaYa►pvajadie".
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COMPREHENSIVE PLAN REVISIONS ADDENOUMi 10.19-99 PAGE 7
H 1101►M IbAw cow"** "won
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Revised Section 13 Environmental
Management
~
H.
Goals 6 Sbategles
C. ATER
The value of trtutarles and watersheds, until recently, has regrettably been overlooked.
However,#x"eaaslNalarDevelopm"BoardreoerrllypulA hedMis for-Texas--A
Conaepa~rs-~ated~pdNsla&raSlsds 14i(asAlan.-Tfitspubfieati4rsdm9w* fee the
impertanseet"eAwsarstiaheirial&Wd** ersheds.
2, Strategy
a. Recognized Open Vaoea have been recognised as a requisite to a heamy
community. asearlyas lfrs#M idleA9ea-SiF PWO as in
hisMeiene of Wopiensi0es, OUF AOV 60OAQ oounlYla~e 08A COMA cow*.
established k►11 M Woh s P ty PrakW
lakesideresreatiom anddpa0m habkMooaitlam-Denton, like its neighbor, will continue
to acquire and manage land and water to preserve, protect, and enhance Important
natural areas.
r '
COMPREHENSIVE PLAN REVISIONS ADDENDUM 10-19.99 PAGE 8
H na.►a ft.b w c.w"aw Am at
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Revised Section IS Historic Preservation
if
Goals and S&vftl"
D. ARCHEOLOGICAL RESOURCES
2. Strategy
Steps should be taken to ensure that Important remains and artiffeds ere not dsturbed
whenever possible. In some Lnstancos, mitigation may be a"ved sin" twough
documentation rather thin a mpbte preservation. The pirawnce of
~snasins {i
WA RA fade mayi+at dmlepmeeA e4 - WW
COMPREHENSIVE PLAN REViSiONSADDENDUM 1419-99 PAGE 9
w o-+as+a~ car.h.w wn e.e J
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Revised Section 16 The Street
Street Development
eh ~ ~r
A. NEIGHBORHOOO STNS AND
1
7. Cul-de-sac
Use of 4cul-de-as" is diecour*gW Use of cul-de-sacs In functional street design
reduces the ability for interconnsedvity to neighborhoods. Isom" lots, allows for
only one way of Ingress and egress from a lot and emergency access Is less
accessible. Now strss~ address Ovew Issues. An designs
to otll-da-sac Is the limited In length r et. No #lo to
courtyard stntat. -oul-
desas afASeRwltlbeany longer#lenglh►Maaapovwd b~tlwoereMe6-The
cul-de-sac Is designed for use with large lot development. No lots will have frontage
st the ends of the courtyard so that clear pedestrian passage and view corridors an
be used to connect to the" sysbnns.
• Access from shared drhveways at large lots
• Access from alleys with use of the raahdentlah lane
• Supplemental parking required
Access to path system nw4uked at cul-de-sac end
fo~rivaMlol-boatageatondo4auF de aso
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COMPREHENSIVE PLAN REVISIONS ADDENDUM 10.18.94 PAGE 10-
Hn0.+4M Nob" cowowF%A
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Revised Section 18 Schools
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School Siting Gulderrnes
A. PHYSICAL CHARACTERISTICS
Each school district has IVs own standards for development The following are general
guidelines for school development
1. Acreage
Minimum acreage requirements will be determined by the types of proposed schools and
their planned capacities.
School Acreage Paqukomente, Guidelines by Type of Facility
Type Facility Ac Idea! Site Additional Issues
Elementary 12 to 17 acres 15 acres Must accommodate separate parent and
buslservice traffic.
Middle 25 to 35 acres 30 acres
Most accommodate ofl-streM traffic
High 45 to 55 acres 50 aces circulation and parking.
B. ES RVICE AREA
Service areas vary by the type of educational facility and the density of the residential area
served. Service area criteria guidelines help ensure an equitable distribution of school facilities
throughout the planning aria.
Service Area t:ribAaGuidelines _
Type_ Maximum Maximum Maximum
Facift, _ Ser Ice Area _ Walking Distance Commute Time'
_E_lementafy 4.0-mile radius_ 442 miles _ _ 30 minutes
M ddle 8.5-mile radius 4,42 mllei 45 minutes
___High_ _ 9.5-mile radius 4,s2 rules 60 miutes
The maximum time a student should spend on a d&Wct school bus.
!V.
Public School Goals & Strategies
A. DE DATE SCHOOL FACILITI S
2, Strategies
a The city should share development proposal information at the earliest pcssible A
stage to allow school districts to facilitate school distrid-deve" content and allow time for discussion and mitigation of school impacts, and de-oolop a process to
expedite implementation of this strategy. School distrlcta may provide their
standards at the tiw of development proposals.
COMPREHENSIVE PLAN REVISIONS ADDENDUM 10-19-99 PAGE 11
M x!61►q grv~M CanpkwVA PYn h
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Revised Section 18 Schools
b. The city and school districts will nwtuaily Aanslyze shxWg kTacts of proposed
residential developments at the pre-dssiyn zoning, and plot phases. Assess er~d
determine the adequacy of schools as an important Wrostnrdure component
necessary to serve a proposed development. Dsvekv a oonsistent approa_
evaluate ft impact of proposed development.
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COMPREHENSIVE PLAN REVISIONS ADDENDUM 10.19.99 PAGE 12
M 1161/# ~MY~I Cayn/ww R1n /s
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Implementation & General Notes
No rages are expect the mentation section of to comprehensive plaft a-Xcw as
indicated below. AM information In this section is expected b remain as printed in the July
1999 draft comprehensive plan.
Add Schools imciemenWon•
e Develop a cornistent approach to avaluats the Impact of proposed residential
development on the various school districts.
e Determine the adequacy of schools within tine community by developing a program
that determines school needs.
e Develop a pmoess to share developmerk proposals with school districts.
e Develop a program to promote state legislation regarding school funding.
e Develop a school sib Wection, assessment, and acquisition system.
e Develop a program for jokd school-city facility acquisition and use,
NOTE: A9 tables, figures, and text boxes (text printed within a box In a dark background) will
remain the same as prWed in the July e, 1999 and all text as edited in the October 120, 4999
draft comprehensive plan except as noted within this October 19w, 1999 revisions or as follows;
FIGURE 2.1 Population Forecasts by Sub-Area Map
Revisions made to hctude all annexations of land Into the city limits that occurred
since prepar,*wi of this map In 1998.
FIGURE 3.1 Land Use Plan
Revision made to reflect City Camas change ri land use sarth of IH35E and
east and west of Teasley Lane. Lend original y indicated as downtown university
axe changed to reflect existing residentiaU'rfip compabbiGty east Teasley Lane
and community mixed-use centers west of Teasley Lane.
FIGURE 6.1 Mobility Plan Roadway Component
Revised to Include approved City Corm l revisions to the plan In the southwest
quadrant of the city along the east side of IH35W, south of fro proposed Loop
288, and west of the Union Pacific Railroad.
SEE ATTACHMENT B FOR ANY CHANGES TO THE URBAN DESIGN SECTION
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COMPREHENSIVE PLAN REVISIONS ADDENDUM 1419-99 PAGE 13-
1f 1/Glow 1W be Ce V -*,w MW ON
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c URBAN DESIGN late$:drat;:October it, 1999
"Urban Design" Is a term used to define how a community manages the physical and visual character
of Its built environment, Urban design has become an increasingly dominant Issue In Denton in
response to growth In development and construction activity. The quality of design of the built
environment can have a profound effect on the economic and social health of a city. The quality of
the surroundings where pe,)pie work, I!ve and play affects Denton's image and attractiveness to
developers searching for With quality business and residential locations. By contrast, a poorly
designed urban envlronmeW can be a barrier to Investment and economic development. A high
quality environment is a funeamental requirement to attract long-term, high-quality Investment, The
Issue of urban quality must be addressed rigorously if Denton is to achieve the quality of development
that most citizens desire.
he urban r',sign st atrgy aims to substantially raise the quality of Denton's urban environment. As
the twenyfirsl century approaches, expectations of quality will be raised. Denton will take an urban
design readership rile within the region. A quality-based philosophy will be adopted and embraced,
Urban design should receive equal consideration alongside concurrent objectives related to
environmental quality, social equity, economic stability, and long-term prospority.
Community expectations of quality have risen considerably, and urban detolgn Issues must be
addressed comprehensively. The City of Denton will take a leading role within the melroplex In the
field of urban design. A new approach will be adopted that embraces a quality-based philosophy. it Is
possible to create prosperity, while a so enhancing the environment, social welfare, and long-term
economic performance, without corn xomising the prospects of future generations.
f ollcles
Properly developed urban closign policies need to acknowledge economic realities and functional
necessities. Different areas Ir. the city serve different purposes, so disldct-oriented urban design
strategies are appropriate. Practical and reasonable expectations "quire that urban design efforts be
concentrated on the "public environment", a term that refers to areas that are either physically
accessible or visually prominent to members of the general public. Denton seeks to maximize both
public and private benefits by improving visual quality and perceptions of our Image.
A. Visual quality objectives and a healthy business climate should not be considered mutually
exclusive. Urban dsslgn concepts should be Incorporated Into private devolopn ent plans early
Inlo the review process, Attention should be paid to design principles that In me ny cases do not
increase project cost,
B. The Impact of public features such as signage, electric lines, valve boxes, soIlJ waste receptacles,
streets, curbs and gutters, sidewalks, buildings, parking lots, and parks should be recognized as
Important factors in affecting community appearance. City govcrAment will exert a leadership role
In following the principles of good urban design.
C. The city's urban design strategies will be guided by the principle that the spaces between
buildings aro just as important as the buildings themselves. The form of public spaces should
Attachment B Page 11
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csupport their Intended functions, and their visual qualities should communicate the values we feel
are important,
I
D. Concern for community appearance should be addressed In a comprehensive manner. Such an
approach provides the opportunity to Integrate urban design objectives with other planning
mechanisms, such as land use, zoning, subdivision regulations, historic preservallon, economic
development, and environmental protection.
E. Architectural diversity and creativity should be encouraged to avoid homogeneity and sterility.
Contrast and variety ooNdWo strongly to visual Interest and viewer perceptions of quality.
Implementation of design standards by the City will pay strong attention to avoid regulations that
promote sameness and We Indivlnuailty.
F. Urban design principles should bri emphasized In reighborhood revitalizallon plans, and residents
should help to determine social end cultural values that are raGected visually. Infill development
should be evaluated carefully to promote compatibility with existing structures. New development
can provide contrast yet complement older structures.
0. Opportunities for the display of public art and practice of the performing arts should be provided In
a variety of public property venues, including parks, street rights-of-way and public buildings.
H. The unique and distinctive cultural and architectural foatures of Denton should be Identified,
restored, preserved and maintained through a partnership between the City and private Interests,
in keeping with the Historic Presentation Plan.
1. Development along major entranceways innuences first Impressions and the Image of Denton.
Good urban design should be encouraged and promoted to enhance the appearance and
perception of quality along thoroughfare corridors.
J. The City of Denton's Image Is strongly Influenced by Its universities, and efforts should be made to
enhance their appearance whenever possible, The City should strive to encourage more
community Interaction with the universities by linking physical access between these InsGtLAons
and public property.
K. The value of trees and landscaping should be recognized as Important features that strongly
Inlluence the aesthetics and environmental quality of ft City. This recognition of value will be
reflected In all development standards.
L The City will continue to view the Downtown as a unique and dominant area that merits special
attention. A comprehensive downtown revitalization program, based on the strategies of the Texas
Urban Main Street program, will be pursued to mairtaln the momentum created by recent
Improvemer ts.
Urban Design Princlpfes
a. Urban Design policy Implementation will be guided by several principles. The Urban
Design Principles address, on a policy and/or dotal" level, the following Issues. Proper
consideration of these Issues wnl be achieved using regulations, flexible guidelines, or
conditional funding:
1. Accessibility
l
Attachment B Page 2
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b
support Vielr Intended functions, and their visual qualities should communicate the values we feel
are Important.
D. Concern for community appearance should be addressed in a comprehensive manner, Such an
approach provides the opportunity to Integrate urban design objectives with other pianning
mechanisms, such as land use, zoning, Pubdivislon regulations, hlstc is preservation, economic
development, and environmental protection.
E. Architectural diversity and creaUvity should be encouraged to avoid homogeneity and sterility.
Contrast and variety contribute strongly to visual interest and viewer perceptions of quality.
Implementation of design standards by the City will pay strong attention to avoid regulations that
promote sameness and stifle Individuality.
F. Urban design principles should be emphasized In neighborhood revitalization plans, and residents
should help to determine social and cultural values that are reflected visually. Infill development
should be evaluated carefully to promote compatibility with existing structures. New development
can provide contrast yet complement older structures.
G. Opportunities for the display of public art and practice of the performing arts should be provided In
a variety of public property venues, including parks, street rights-of-way and public buildings.
H. The unique and distinctive cultural and architectural features of Denton should be Identified,
restored, preserved and maintained through a partnership between the City and private Interests,
In keeping with the Historic Preservation Plan.
1. Development along major entranceways Influences first Impressions and the Image of Denton.
Good urban design should be encouraged and promoted to enhance the appearance and
perception of quality along thoroughfare corridors.
J. The City of Demon's Image is strongly influenced by its universities, and efforts should be made to
enhance their appearance whenever possible. The City should strive to encourage more
community Interaction with the universities by linking physical access between these Institutions
and public property.
K. The value of trees and landscaping should be recognized as Important features that strongly
influence the aesthetics and environmental quality or the City. This recognition of value will be
reflected In all development standards.
L. The City will continue to view the Downtown as a unique and dominant area that merits special
attention. A comprehensive downtown revitalization program, based on the strategies of the Texas
Urban Blain Street program, will be pursued to maintain the momentum created by recent
Improvement,;.
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Urban Design Principles k
a. Urban Design policy implementation will be guided by several principles. The Urban
Design Principles address, on a policy and/or detailed level, the following Issues. Proper j
consideration of these Issues will be achieved using regulations, flexible guidelines, or
conditional funding:
1. Accessibllity
Attachment B Page 2 j
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This Is the ease with which people can access a ruB range of facilities such as shops,
leisure, employment and other public areas. Accessibility is affected by the location
and distribution of uses; transportation choices, Including facilities for less mobile
people; the physlcal design of spaces and pedestrian ciroutalion systems. Now
development will be accessible to the widest range of people both In terms of Its
location and the physical design of spaces and buildings.
2. Safety and Health
A well-designed built environment can help to improve safety and security. An unsafe
environment can discourage human activity and render a site useless. Good lighting
and proper site design are also Important factors. Efficient transportation design can
contribute to reduce air pollution emissions. Strategically placed landscaping and
careful architectural design can reduce energy consumption and save money.
Designers will be expected to demonstrate that the health and safety of the city has
been a factor in producing new development schemes.
3. _P_erlpeabill
The number of alternative ways through an environment Is a measure of an area's
permeability. New development should maximize permeability both within the site and
In the neighborhood. Site design must be based on efficient use of existing paths and
patturns of movement. New development should be designed to complement the
existing network and maximize the choice of movement within and through the site.
Paths Into a site should connect rather than forming a series of dead-ends. New
development will be expected to take advantage of opportunities to Improve choice and
cunvenience of movement.
t 4. Durability and Endurango
Durabllily and endurance are very Important factors In achieving a sustainable built
environment. The use of high-quality materials for surfaces should be a priority. The
resistance of materials to wear Is Important if they are to last and not require excessive
maintenance. Flexibility and adaptability In the design and layout of space are also
Important factors to accommodate changing demands and a variety of activities in
coming decades,
5. legibility ~
Legibility refers to the ease with which people can understand and are comfortable with j
the organization of a place, Good legibility is important because It allows people to find
their way around the city. Devolopment schemes will be expected to complement and
reinforce the urban character of.,
I
. Paths that help define proper routes for movement;
a Districts that are recognized as areas of similar character, with unified
features such as land use, density, architectural style, scale, or construction
age
• Landmarks that provide specially recognized feature unique to the city;
• Edges that Indicate distinctions between d'.fferent neighborhoods or land use
districts; and
• Nodes that are created at the juncture of paths orare created as special
activity centers
6. Deslgn Context
Site analysis will be considered an Important aspect during the development of design
and construction proposals, and will include, but not be limited to;
Attachment B Page 3
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Paths In and around the site Sunlight
- Changes in levels Landmarks
Behavior pattems in and Orientation
around the site Strategic qualities of the site
Urban form - Native and existing habitats
Views Into ano out of the site • The nature of boundaries
Relationship to existing • Proximity to others
structures • Public transportation routes
• Vistas . Riparian and Wplain
• Enclosure of streets and protection
spaces - Diversity of use
Topography In and around the • Climate
site
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7, Architectural Duality
The impact of architectural quality will strongly influence the quality of growth during
the next twenty years. The following architectural principles shall be used to guide
decisions regarding structural design,
New buildings should demonstrate thorough knowledge of historical architectural
information and context, but should not Imitate older buildings.
High-quality architectural design should be encouraged. Innovation, creativity and
originality are considered to be primary ingredients or high-quality architecture.
Radical or challenging design solutions will be welcomed. Such buildings are
Individualistic, provide contrast, and in these ways create local Identity and
contribute to local distinctiveness,
Careful consideration of proportioning, detailing and context Is Important In
designing buildings adjacent to landmark buildings by providing variety and defining
space. f
Architectural design will be used to Integrate the functions of buildings with public
spaces, adding to Interest and vitality, The Impact of architecture on public spaces
must be considered. Main frontages and corners should Include major entrances,
windows, or other features to create activity and visual interest at the ground floor
level.
Design materials will be used and expressed authentically and appropriately.
The City will partner with developers on development projects and will actively
explore the use of competitions in the development of significant publicly owned
sites as a means of encouraging more distinctive design. Celts for design and
programs for development related to projects that demonstrate consistency with the
comprehensive plan may be explored by the city In partnership with potential
developers and design professionals.
8. Transportation Infrastructure
The design of transportation systems strongly Influences the form of the built t
environment and the quality of life of Its users. The City will take steps to reduce the
negative Impact of motor vehicles on the quality of the urban environment.
Transportation infrastructure principles Include;
Attachment B Page 4
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• Location
Mixed-use and urban village developments of appropriate scale and compatible
design are encouraged. Isolated nonresidential land uses will be discouraged if f
they generate excessive vehicular travel or are not well served by public
transportation. Use or transit-oriented design (TOD) Is encouraged.
• Transportation Priority end Choice
Integration of pedestrian and public transportation systems with new development
Is encouraged. This Includes consideration of the approaches and access to
development, and the arrangement of spaces within the site. Developers should
contribute funding for public transportation Improvements where warranted,
accompanied by a reduction in off-street parking requirements.
• Parking Standards
Off-street parking requirements should reflect respect for environmental quality
considerations, Parking location and associated landscaping should be carefully
regulated to avold unacceptable expanses of pavement. Large parking lots should
be bruDen Into smaller sub-lots. Parking standards should be carefully set to avoid
unnecr ssary pavement Shared use parking facilities should be encouraged.
• Car-Frye Development
Experimental developments that propose to employ a 'no car-parking" provision on
a voluntary basis should be encouraged. The use of Innovative vehicles, such as
electric cars, should also be encouraged.
• Design of Bridges and Transportation Structures
Qualified and creative engineering input should be used in the design of
transportation infrastructure, with Interesting structural solutions, rather than the
addition of decorative detailing to a standard structure.
• Solid Waste
Solid waste containers should be located out of public view on private property, in
areas specially designed to accommodate withstand truck maneuvering. The use
of innovative technologies to reduce the visibility of solid waste operations should
be encouraged. Small area plans should contain strategies for sold waste
Improvements In existing developed areas.
• 100-year Floodplaln
Roadways should be located parallel to, and outside of, the 100-year floodpiain
limits to establish green space between the road and the Floodplaln to serve as
open space, limit flood exposure, and facilitate channel maintenance.
• Street Trees and Landscaping
Trees and landscaping will be designed as a cricial component of all roadway
networks, Trees and other plantings will be propsrly coordinated with utilities to
avoid conflicts and competition for limited underfiround space on city-owned `
properties and right-of-ways. The city will fully oonslder the significant value of
trees and the urban forest when resolving Infrastructure conflicts; select and plant
appropriate tree species on public rights-of-way that maximize planting potential
while protecting the safety of the public. 1
Attachment B Page 5
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9. New Nelahborhpod Districts 8 Mlxed Use Design
The following principles are Intended to apply to new neighborhoods and activity
centers with a variety of densities, The pattern of development described has been
called variously the urban village, new urbanism, neo-lradillonal planning, traditional
neighborhood development, and transit-oriented development.
• The Planning Unit
The basic unit cf pt ;nn~ng Is the neighborhood,
• The f'oighborlsood Size
A ncighborhord Is limited in physical size, with well-defined edges and a focused
center. The srce of a neighborhood should be defined as a five minute walk crone-
quarter mile fr" the neighborhood edge to its' center and a ten minute walk edge to
edge. Human scale is the proportional standard for all structures and accessory
components. Automobiles are allowed within the neighborhood but do not take
precedence over the pedestrian or human needs, particularly the aesthetic functions
that Include a "sense of place". These neighborhoods will typically contain transit
stops and will utilize transit oriented design,
• Corridors and Districts
Corridors form the boundaries between neighborhoods, both connecting and defining
them. Corridors can Incorporate natural features like streams and hillsides. They
can take the form of parks, nature preserves, travel corridors, or railroad lines, A
neighborhood or part of a neighborhood can compose a district. Districts are made
up of streets or ensembles of streets where special activities are emphasized. A
corridor can also be a district such as a major shopping avenue that connects
neighborhoods.
• Mixed Use and Compatibility f
Mixed use that meets predetermined standards may be permitted within the
neighborhood and provides a variety of housing for people with various Incomes,
Buildings may have a variety of functions but must be compatible with one another in
size and their relation to the street. Uses may change within a building both vertically
and horizontally. Neighborhood services should be accessible within the five minute
walk, Retail Is Integrated with residential, oommerclal and even some types of
manufacturing use, though not typically on the same street in a given nelghborhood.
Apartments are also permitted over stores and offices. Forms of housing may
Include apartments, duplex, townhomes, and single family, homes, accessory
apartments, and outbuildi, 9s. Multifamily develo
pment Is IYPIcsllY In smaller, human-
scale buildings on separate lots.
• Definition of Public Space
Buildings should be sited carefully to create to defined public space. "Bultd-to" lines
should be utilized to establish a consistent series of building facades, and to promote
regular alignment. The street is an Important form of public space, and the buildings
that define It should be expected to reinforce and enhance the streelscape corridor, 1
• Street Pattern
The neighborhood street pattern should be gridded. Parks, squares, diagonals, T•
Intersections, rolarles, landmarks, and other devices should be used to relieve the
Attachment B Page 6
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visual monotony of the grid system. The range of ptreet type is limited, from mixed-
use neighborhood collectors to narrow lanes and alleys. Limited access highways
may only exist within a corridor. Cul-de-sacs are discouraged except under
extraordinary circumstances, such as cases where rugged topography requires them
or large lot uses occur.
• Civic Buildings and Open Space
Civic buildings, such as city halls, churches, schools, libraries, fire and police, post
offices, and museums, should be placed In prominent locations. Potentlal sites
Include the frontage of squares, In neighborhood centers, and where street vistas
terminate in order to serve as landmarks and reinforce their importance. Buildings
should define parks and squares, which are distributed throughout the neighborhood
and appropriately designed for a range of neighborhood functions. Design and scale
should be compatible with surrounding structures, Open space Is a required
component of the neighborhood, Public open space Is a necessity that links different
parts of the neighborhood and establishes a sense of place for residents.
• Architecture
I
Architectural guidelines may be required for nelghborhoods to establish unity with
respect to massing, facade details, materlals, and roor pitch, although many
variations would be possible. Such architectural guidelines would be neighborhood-
specific and would supplement citywide design standards.
• Street Walls and Baste Design Components
In order for a street to achieve the Intimate and welcoming quality of an outdoor
room, the buildings along it should compose a suitable 'street wall'. Building height
should be sized In proportion to the width of the street. 18uild-to' lines should be
used to determine how close buildings will stand to the street. If parking lots are
necessary, they should be located behind or to the side of buildings. Additional
standards maybe employed to govern recess lines for upper stories *nd transition
lines, which denote a distinction between ground floors used for retail and the upper
story floors for offices and apartments.
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Goals 6 Sfrategles
A. u8BAN DESIGN S7ANDA
The most significant improvement to be made regarding Denton's urban design policies Is to
Incorporate regulatory standards Into the zoning code that address aesthetics and visual quality.
1. Goal
Develop urban design standards to be Included as part or the city's development code. The
standards may be vary In application to different parts of the city, but In all Instances, the
requirements should be tied to a legitimate public purpose and consistently applied to all
properties of similar nature. Specific attention should be paid to urban design elements Including, r
but not limited to: r r;
rr-\
Attachment 6 Page 7
a. Site Design
► Subdivision design
e Street layout
e Site deslgn
e Compatibility with nelghboring properties
e Open space
e Outdoor storage i
e Parking placement 13
b. Architectural Design
e Bt Wing height and bulk
e Building placement
e Building orientation
e Garage orientation
e Building materials
c. Site Elements
e Fences and screening devices
e Lighting
► Buffering of adjacent properties
► Mechanical equipment, dumpsters, and utilities
e Landscaping
► Signage
Strategies
a. Revise the city development code to include urban design standards, Use land use
classifications to Impose appropriate standards upon different types of development.
b, Require the consideration of design standards at the earliest possible stage In the
development review process,
c. Incorporate design standards that may be unlque to specific geographic areas, such as
transportation corridors or redevelopment districts, as appropriate during the
development and adoption or Small Area Plans.
d. All proposed development in the city wiil undergo some form of site plan and design
review, Review complexity should be proportional to the potential visual Impact of the
proposed project.
e. Determine In advance the deslgn standards that will apply to any given property, and
differentiate between the qualitative standards that will require discretionary review and
approval versus quantitative standards that can be measured and administratively
satisfied.
f. Detailed design standards will be developed for new Neighborhood Centers. The
relationships between permitted density, limited mix of uses, adequacy of services, and
amenities will receive special attention. The Issue of buffering between existing
neighborhoods and new Neighborhood Centers will be also be addressed.
g. Develop street tree standards for adoption as part of the Landscape Ordinance once
proper alignment of streetscape Infrastructure has been resolved In revlsions to the
city's subdivision regulations. r
h. Develop a design strategy intended to coordinate public appurtenances such a k
sidewalks, Signage, utility poles, utility lines, valve boxes, and solid waste receptacles.
i. Adopt specific urban design review processes that apply to city and other
governmental development projects,
Attachment 8 Page 6
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B. VARIETY & DISTINCTIVENESS
New development should be allowed the opportunity site specific design solutions. Development that
complements and reinforces local distinctiveness stimulates visual Interest and enhances the urban
character of an area. Replication of structural styles and detailing becomes monotonous and Is less
appealing than compatible variety.
1. Goal
Development proposals that require discretionary review should contain site-specific design
solutions, based on an understanding of the character of the surrounding area, and should
reinforce and enhance Denton's distinctiveness. Developers should be encouraged to utilize and
Invest In architectural design services that promote Individualistic, creative and distinctive design.
The city and other governmental entities should also adopt such an approach.
Strategles
a. Project design concepts should be Identified and explained as Important criterion for
consideration during discretionary review processes. The appearance of proposed
development and its relationship to its surroundings should be properly communicated and
considered prior to project approval. Poor designs should be Improved to acceptable
standards or rejected.
b. The city will undertake urban design studies and analyses, either Independently or as part
the Small Area Planning Program, to develop guidelines that promote variety, and
distinctiveness. Different character areas vAthin the city should be specifically Identified,
and a broad-based urban design approach that treats all properties the same should be
avoided.
I a Design review processes shall be structured to provide opportunities to demonstrate
alternative compliance within a reasonable period of time.
C. VISUALLY SENSITIVE LOCATIONS
Visually sensitive locations Include unique natural or manmade areas considered to be Important
community places, historic areas, special open spaces, key entryways Into the city, or other locations
that merit special consideration due to public visibility.
1. Goals
In sensitive locations, new development will be expected to demonstrate high standards of
architectural and urban design In a manner that complements or enhances the urban context.
Architectural style, site design, and impact on surrounding properties should be carefully
examined whEn development is proposed in a sensitive location. Demolition In sensitive locations
should also be reviewed to determine the Impact of both removal and replacement features.
2. Strategies
a. Visually sensitive locations should be identified, geographically defined, and protected r
through formal Council action.
b. Development and demolition review and approval will be required for visually sensitive
locations, and will require discretionary review based on predetermined standards.
Attachment B Page 0
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C. The Impact of sensitive kxa'Jon designation on private property should be assessed and
evaluated to determine the development potential of the site.
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D. PUBLIC ART
Public art provides a number of benefits to the city. It can create Interest, create local distinctiveness,
provide a memorable Image associated with the city or certain districts within the city, lend character
to urban spaces, and make the urban environment more attractive.
1, Goals
The provision of public art will normally be ?xpected as parlor any large development schemes.
Public art should be considered as an Integral part of the design of spaces In and around
development, Encouragement Is given to the involvement of commissloning experts, so that
opportunities are available to a wide range of artistic talent.
2. Strategies
a. Public art should be encouraged as part of public and private projects.
b. Potential funding mechanisms should be explored to develop a public art program,
c. Temporary displays of public art should be encouraged to increase awareness of its effect
and beneRU.
d. Public art should be located In suitable locations that include city entryways, gateways,
urban open spaces, areas of high visitation, pedestrian areas, and other locations. Public art
should be used In strategic locations to provide emphasis to places that should be memorable.
e. Pubic art should be used to complement design features of the specific location in which it
Is placed.
f. Practical Issues should be considered in the design of public art such as maintenance,
durability, and safety,
E. URBAN DESIGN PLAN
t, Goal
A citywide Urban Design Plan should be developed that describes the Denton community's
approach to vlsu3l quality and Image. The plan should be used as policy document to describe
ongoing efforts to coordinate urban design objectives with other public concerns such as utilities,
streets, environmental management, or parks, and should be used to critically examine areas in
need of Improvement or protection.
Strategies
a. The Urban Design Plan should be used to formally bfentify vlsually sensitive sites and
locations. fill
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b. The Urban Design Plan should be used to identify rind map the city's character areas that
will be treated separately. Features that are significant, such as transportation corridors,
Attachmanl B Page 10
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waterways, activity and mlxed-use centers, large open spages, major development sites,
historic areas, or conservation areas should be considered In terms of visual Impact and
attractiveness.
c. The Urban Design Plan should be used to w le and pdoritlze the sensiUvlty of different
sites, The development of priorities will allow the sl!ocalion of limited resources where they are
needed most.
d. The city should develop the ability to prepare and use visual simulation techniques as a
way to evaluate specially designated projects, Private developers should be required to {
provide renderings, computer simulation, or videotape simulation to allow proper assessment
of projects considered to be of significant visual Impact
e, The Urban Design Plan should be used a device that enables the coordination of private
and public Improvements that are designed to be visually compatible.
f. Preparation and adoption of the Urban Design Plan should be a public process, open for
citizen review and comment. Design workshops, public meetings, and public hearings should
be held to raise citizen awareness end determine community consensus regarding aesthetics
and visual quality Issues.
q. The Urban Design Plan should contain a monitoring mechanism devised to provide
parlodic feedback regarding plan Implementation and support
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Attachment 8 Page 1 f
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comprellemalive Plan
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ATTACHMENT C i
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Revised Comprehensive Plan October 12'h, 1999
Table of Contents
Section 1 Introduction Page 1
Statement of Purpose Page 1
Vision Statement Page 2
Section 2 Population Forecasts Page 4
City Background Page 4
Market Position Page 4
Holding Capacity Page 5
Population Estimates Page 5
Section 3 Growth Management & Land Use Page 7
Introduction Page 7
Key Vision & Growth Management Strategy Elements Page 7
Key Planning Principles Page 11
Goals & Strategies Page 12
Residential Land Uses Page 13
Commercial Land Uses Page 20
Industrial Land Uses Page 24
Civic Land Uses Page 28
Municipal Facilities Page 30
Special Districts Page 33
Section 4 Housing Page 36
Introduction Pae 36
Policies Page 37
Existing Situation Page 38
Issues Page 39
Goals & Strategies Page 41
Section 5 Economic Diversification Page 43
Policies Page 43
Goals & Strategies Page 44
Section 6 Transportation Page 48
Policies Page 48
Goals & Slralegie, Page 49
Section 7 Water Services Page 59
Policies Page 59
Goals & Strategies Page 69
Section 8 Wastewater Services Page 62
Policies Page 62
Goals & Strategies Page 63
Section 9 Stormwater Drainage Page 65
Policies Pae 65 i
Goals & Strategies Page 66
Section 10 Solid Waste Page 88 f t'.
Policies Page 68
Goals & Strategies Page 68 {
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Section II Electric Page 70
Policies Page 70
Goals & Strategies Page 70
Section 12 Parks, Recreation & Open Space Page 72
Policies Page 72
Implications of the Growth Management Strategy Page 73
Goals & Strategies Page 73
Section 13 Environmental Management Page 76
Policies Page 76
Goals & Strategies Page 77
Section 14 Urban Design (Original Edited Section) Page 81
Policies Page 81
Goals & Strategies Page 82
Specific Design Guidance Page 92
Section 14 Urban Design (Rewritten Option) Page 100
Policies Page 100
Goals & Strategies Page 101
Section 15 Historic Preservation Page 106
Policies Page 106
Goals & Strategies Page 106
Section 16 The Street Page 108
Street Development Page 108
Utilities in the Street & Alleys Page 113
Street Aesthetics Page 115
Section 17 The Edge Page 117
General Policies Page 117 l
Specific Policies Page 118
Strategies Page 119
Section 18 Schools Page 121
Needs Assessment Page 121
School Siting Guidelines Page 121 j
Policies Page 123
Public School Goals & Strategies Page 124
Section 19 Maintenance & Enforcemoat Page 127
Policies Page 127
Goals & Strategies Page 127
Section 20 Public Involvement Page 130
Policies Page 130
Goals & Strategies Page 131
Section 21 Implementation Page 134
TABLES, FIGURES, PLANS & TEXT BOXES Pago 135
CONTACT: City of Denton
Planning tl, Development Department
City Hall West, 221 N. Elm, Denton, TX 76201 l ! \
040.349-8350
small: nkmcbethacltyofdenton.com
www.cityofdonion.com/plannlng
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Revised Section 1 Introduction
INSERT: Statement from the City Council
INSERT: Statement from the City Manager
1.
Statement of Purpose
t
The City of Denton Comprehensive Plan Is intended to guide community growth and
development for the next twenty years. The plan is the start of an enduring process to make life
better for all citizens, During the next two decades, regional market forces may cause Denton's
population to double or even triple. City limits may expand from 55 to as much as 100 square
miles. Thousands of Investment decisions will affect the character of the city for years. Areas
known for decades to be wooded tracts or pastureland will become part of Denton's urban
environment, with lasting impacts that our grandchildren will Inherit. The city faces many
challenges to ensure that growth is positive.
The purpose of the comprehensive plan is to translate a vision statement and planning policies
into meaningful actions to benefit the entire community. The plan describes the steps city
government will take to protect public health and safety, to provide services efficiently and
effectively, and to provide the quality of lire that out citizens expect. The plan expresses
community sentiments and values for all to see, and Implementation seccess Is dependent upon
support and consensus. Potential Investors, developers, businesspersons, and residents should
/ use this document to learn more about the community that they may decide to join.
1 The land-use plan Is intended as a guide to land use decision making by public officials,
residents, and existing and potential property owners. This should help the city achieve its
vision, meet its goals, and provide efficient and fiscally prudent services.
The plan incorporates the following purposes:
a The plan Is a statement of policy, addressing the community's vision and goals.
The plan will be implemented by adopting zoning and land development regulations.
6 The plan Is long-range, expressing strategies that will shape the for twenty years and
more.
a The plan covers an area that describes the city's sphere of Influence, where land-use
will impact the community.
• The plan may be used to make a variety of long-range decisions that affect the
community.
• The plan informs property owners and potential developers about the community's
desired future and expectations regarding future development.
The plan guides evaluation of zoning and annexation proposals.
a The plan assists in budget setting and capital Improvement priorities.
The comprehensive plan will need to be updated within rive to seven years, which Is the period
of emphasis for implementation. The plan Is not fixed and may be changed as more Information f
becomes available. The plan Is by no means the end of a process; it Is only a starting point.
The real test of the plan how well it Is put Into practice, and the extent to which today's vision
becomes reality in twenty years,
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Rennie d Section 1 Introduction
11.
Vision Statement
Denton is a unique community whose diversity gives it strength. This uniqueness is a point of
community pride, and it Is the goal of the Denton comprehensive plan to insure that growth,
development and the use of community resources foster, encourage, and promote the
preservation of this vital quality.
The proper stewardship of our community assets while managing the pressures of growth Is a
balancing act that will require foresight, long range planning, and a great amount of community
involvement. The Denton comprehensive plan should represent the best of our collective
community aspirations and, while preparing Denton for the 21st century, should never lose sight
of the fundamental qualities on which this town was built
Quality, diversity, and opportunity are the keys to future success. People with all kinds of
different backgrounds are welcome to Denton, where they will continue to find a community that
offers well-paying jobs, reasonably priced housing, and good schools and parks. Homes of all
types and sizes offer a choice of lifestyles. Neighborhood centers will contain small shops and
:cores that are designed to harmonize with surrounding homes and provide daily necessities for
the neighborhood. Residents will be able to choose to walk, ride a bike, use the transit system,
or drive to many destinations throughout the city. Local businesses and employers will prosper,
catering to customers' needs and promoting Denton's Image at the same time. There must be a
place in the city for all types of development necessary for a healthy, vibrant market. We want
to preserve the distinctive qualities of our city while growth occurs, a goal that we know requires
foresight and preparation.
The Downtown is and always shall be the heart of Denton; the Square and surrounding streets
will be used every day and night as a gathering place for commerce, civic events, and
entertainment. Growing numbers of downtown residents will Increase the energy level of the
downtown, and the renovated Civic Center Park will draw new visitors from throughout the
region. Yet the scale of the downtown will remain the same, human and comfortable, and
examples of the city's history will continue to remind our citizens of their heritage. Historic
preservation will be a major theme In all development and redevelopment efforts. The
downtown will become even more pedestrian-friendly, with new streelscapes and Improved
sidewalks connecting the square to both Eagle and University, encouraging sidewalk cafes, and
other outdoor businesses.
i
To grow properly, Denton must nourish its university partnerships. The University of North
Texas will flourish, and the LINT campus will Increase its visibility as a Denton landmark,
prominently displayed to travelers passing through the city. The Fry Street Area and Oak-
Hickory Historic District will continue to serve as important physical and social links between the
Downtown and UNIT, Texas Woman's University will also contribute to Denton's distinction as a
City, and will be even more strongly connected to the Downtown as a result of Civic Center Park
renovations The LINT -Downtown - TWU corridor will achieve its full potential as a dynamic
and lively area, essential to the well being of the city. Working with city government and the 4
business community, the two universities will realize their full potential as magnets for high-tech f
and research-oriented development. The city, county, and school districts will increasingly
coordinate their efforts to Improve public facilities and services, with careful planning for
schools, roads, and utilities to accommodate growth. Residents must always have reason to be
confident that their taxes are being spent wisely and efficiently.
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Revised Section 1 Inh uctlon
The Denton community will always be committed to enriching the Uves of its citizens regardless
of age. Income, or ethnic background through education, allure, recreation, and entertainment.
Through the efforts of our schoois and universit es, our government, our civic and cultural
groups, and our businesses, Denton will build on its distinctive reputation as an arts city, and
most especially a music city. Through its outstanding public art, its galleries and studios, its
museums and theaters and dubs, its renowned university musicians and artists, its festivals and
concerts and shows, Denton will provide to citizens a wide range of cultural and entertainment
activities that will also attract numerous visitors to our community.
We need nature as much in the city as In the countryside. Our built environment cannot remain
healthy without property managed land, air and water resources; as we grow these resources
will become even more precious. We can avoid the costs of thoughtlessness white we
capitalize on our natural assets, As the benefits of Lake Ray Roberts and the Elm Fork Nature
Conservatory become fully realized, they will prove to be resouroes of Incredible value, well
worth our Initial Investment. Floodplalns and creeks will emerge as greenway corridors that
serve many needs, such as flood protection, recreation, tree preservation, and habitat support.
Environmental planning must take Its rightful place as an essential part of Denton's strategy to
grow wisely.
The entire world is within easy reach of Denton, sitting at the convergence of two interstate
highways and focaled a short distance from two International airports. Denton Is a regional
partner within a major metropolitan area, and will share regional significance with Dallas and
Fort Worth, with each of the three cities being recognized as a county seat with a unique
Identity. The ability to interact within Denton itself, with the metroplex, or with the world Is an
asset that will continue to be useful In marketing Denton as a progressive, forward-looking city
with a "hometown" atmosphere.
t
Denton can achieve what we want, growth that enhances rather than destroys the qualities that
make Denton attractive. Denton will bequeath to future generations a dynamic, Interesting, and
healthy city. Denton will prepare for growth and prosperity by considering all community
interests. Our values and heritage are important to us. We like Denton now, but we know we
can make it even better. Growth wil4 cause change, but the essential Ingredients that make
Denton unique today will be preserved and cultivated ~ i the future.
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Revised Section Z PoptlW 1 F+DecaSts f
1.
City Background
Denton is located about 35 miles north of Dallas and Fort Worth where Interstate Highways 35
East and 35 West join. The Dallas Fort Worth reglon, a 16 county region known as the
Metroplex, has grown substantially In recent decades, except during an economic downturn In
the late 1980s. The regional economy has been diversified considerably since the 1980s, and {
sustained growth is expected. C
The City of Denton is the seat of Denton County government and Is located approximately in the
geographic center of the county. The city is served by excellent highway and rail corridors. It Is
close to two major airports, Dallas Fort Worth (DFW) International Airport, second only to
Chicago's O'Hare Airport In passenger tralftc, and Alliance Airport, the Nation's first alt-cargo
airport.
For planning purposes, we have looked at four land areas as a study area of importance to the
city. The study area accounts for 29 percent of the 957 square miles within Denton County.
These are:
The area within the current city limits;
The area that Is expected to become urbanized:
The area within the city's current 3-'/v mile extraterritorial jurisdiction (ETJ); and.
• The area within the city's future 5 mile ETJ once a population of 100,000 Is achieved.
Table 2.1
Summa of Land Areas Used for Stud
Land Areas Acres Square Miles
City of Denton 39,475 61.68
Urbanizing Area 25,357 39.62
3.112 Mile 78,253 122.27
Extraterritorial Jurisdiction
5 Mile 32,966 51.51
Extraterritorial Jurisdiction
TOTAL STUDY AREA 176,051 275.08
A _
Market Position
Three factors stimulate economic development and corresponding population growth within
Denton County: proximity to air service, the highways linking the city with Dallas and Fort Worth
employment centers, and the presence of major publlc Institutions within the city. The University
of North Texas and Texas Woman's University provide a significant economic base for the city
and provide a skllled labor pool for local employers. Denton County, the City of Denton, several
school districts, Denton State School, and the Federal Emergency Management Agency provide
additional economic base.
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Revised Secdon 2 Population Forecasts
t Denton is located to take advantage of Metroplex growth and development activities. Because
of regional development patterns, real estate In the Denton area has become very desirable.
Land In and around Denton is relatively inexpensive when compared to other rapidly developing
areas of the Melroplex such as southern Denton County and southern Collin County. Major
land developers are beginning to be attracted to the city. Rapidly growing communities such as
Carrolton, Flower Mound, Lewisville, Corinth, and Frisco in southeast Denton County and
southwest Collin County have been experier cing annual growth rates throughout the 1990s
ranging from 10 percent to 30 percent.
Holding Capacity
Denton's current population density Is approximately 1,220 people a square mile within the city
limits. About 40 percent of Denton land within the city is developed, with a density of 3,655
people per square mile. The average density observed for Metroplex cities is 2,461 people per
square mile. This ranges from University Park at 6,162 per square mile to Rockwall at 828
people per square mile. Using the 101-square mile urbanizing area as Denton's build-out land
area, the following table of holding capacities is derived:
Over time Denton will most certainly become more densely populated. With only 40 percent of
the land area developed within the current city limits, significant tracts of land within the core
area of the city and at its periphery are not developed. Those areas will probably be developed
l within the time frame of the population forecast In addition, areas outside the current city limits
will be annexed Into the city and developed, primarily for residential uses. The best population
estimate of the holding capacity of the urbanizing area Is approximately 228.000, based on an j
average density of 2,200 people per square mile, less than the average for other metropiex +
cities. Within the current city limits of about 61 square miles, the population estimate of the
holding capacity is 137,250 people.
IV,
Population Estimates
The population forecast estimates a "most likely" population for the 275 square mile Denton
study area of 215,100. The City of Denton Is expected to grow to 101 square miles with a
population of 183,600, or 85 percent of the study area population. In 1998 it is estimated that
approximately 88 percent of the study area population lived within the City of Denton. The
population forecasts are only an estimate of the city's potential population growth. The
estimates are used for planning purposes by the city to gauge services and development, which
may occur in the future,
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Revised Section 2 PopuWon Forecasts
Table 2.3
Denton Planning Area and City of Denton
Forecasts of Additional Population and Land Area
1999 - 2020
3-Mile ETJ Stud Area CI of Denton
Annual Annual Study Ares Density
Year Percentage Numeric Area Populatlon (eQ miles) (poplmlls)
Growth Growth Population
1999 3.0% 1 850 87 930 77 300 61.7 1,220
2000 3.096'• ' 2,180 90,870 77,860 82.0 1,261
2001 3.0% 2,680 93,280 79,890 84.0 1,248
202 3.0% 2.760 96.080 82,280 66.0 1,247
2003 3.0% 2.840 98 970 84.750 68.0 1 246
2004 5.0% 468-0- 103 910 $8990 70.0 1 271
8. 6 a
2006 5.0% 51380 114,570 98 110 74.0 1,326
2007 5.0% 5 650 120,290 103,020 76.0 1,356
2006 5.0% 5,940 128,310 108170 78.0 1387
2009 5.0% 6 230 132,820 11-315- 80 80.0 114-20-
2010 : 6.0% 6.550 139,260 119,250 82.0 1454
2011 5.0% 8 880 146.220 125,220 84.0 1 491
2012 5.0% 7,200 153,530 131,480 86.0 1.629
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2014 4.7% 7,700 168,910 144,540 90.0 11606
2015 4.6% 7,700 178 810 151,040 0,642
2016 4.3% 7,700 184 310 157,640 94.0 1,676
2017 4.1% 7,700 192,010 164,000 96.0 1,708
2018 4.0% 7,700 199 710 170.51M) 98.0 1,740
2019 3.8% 7.700 207,410, 177 040 100.0 1!770
'
2020 3.796 7,700 215,110 163 690 101,3 1 812
1999- +145% +144% 64,'o +49%
2020
Source: The City of Denton Planning 8 Development Department, Oclobtir 1999
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Revised Section 3 Growth Management
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1.
Introduction
The City of Denton land-use plan has been developed to Implement the growth management
strategy and long-range vision of the community In the city's comprehensive plan, The land use
plan focuses on the use of land and future development within the Denton planning area and
the Denton urbanizing area. All parts of the land use plan should work together to achieve the
vision statement adopted by City Council In 1998 (See Section 1).
Key Vision & Groi Management Strategy Elements
A. THE VISION CABINET
A visioning effort, recently conducted over several years, sponsored by the City of Denton,
Denton Chamber of Commerce, Denton Independent School District, Denton Record-Chronicle,
Texas Woman's University, United Way of Denton County, and the University of Ni rth Texas
resulted in 'A Vision For Denton - the 21st Century" (See Section 1).
B. TUE DENTON PLAN POLICIES
in 1998 the City Council adopted the Denton Plan Policies and Growth Management Strategy
that outlined many elements that are directly applicable to the proposed Land Use Plan.
The Vision Statement Included these concepts:
1 Denton is a unique community whose diversity gives 0 strength..,. It is the goal of The
Denton Plan to Insure that growth, development and the use of community resources foster,
encourage and promote the preservation of this vital strength.
2. Quality, diversity and opportunity are the keys to future success. People with all kinds of
different backgrounds Houses of all types and sizes Neighborhood centers will
contain small shops and stores that are designed to harmonize with surrcunding homes and
provide daily necessities for the neighborhood. Residents will be able to walk bike use
transit or drive to many destinations throughout the city, There must be a place In the city
for all types of development.
3. The Downtown Is and always will be the heart of Denton Growing numbers of
downtown residents will Increase the energy level of the downtown The UNT - Downtown
- TWU corridor will achieve its full potential as a dynamic and lively area, essential to the
well being of the city,
4. We need nature as much in the cityas In the countryside. Our built environment cannot
remain healthy without properly managed land, air and water resources Lake Ray
Roberts and the Elm Fork Nature Conservatory will prove to be resources of Incredible
value Fioodplains end creeks will emerge as greenway corridors that serve many needs.
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Revised Section 3 Growth Managerne~rt
C. GROWTH WANAMMETr & Land Use
Density levels should reflect the goals outlined in the growth management strategy.
1. Policies
a. Development patterns that make the most efficient use of public services and f
infrastructure should be promoted.
b. The community should establish development rules that are clearly stated,
administered efficiently, and enforced consistently.
c. Land uses should be balanced to maintain a diverse economy and a well-
proportioned tax base. The city will provide opportunities for... a full array of land
uses within the ciy.
d. Zoning should be used to identify performance standards that allow and uses In
defined districts based on their ability to mitigate potential negative Impacts on
neighboring property,
e. Development guldolines should be established to allow a wider range of land
uses to coexist within close proximity to each other. Site design principles should
be Investigated as possible tools to promote land use compatibility and encourage
developmental diversity.
f. The location, placement and design of public facilities should be used to create
neighborhood activity centers,
g, Residential development that establishes a variety of lot sizes, dwelling types,
and housing prices should be encouraged.
In. The city should be designed to accommodate people rather than automobiles.
Transit, blcycie, and pedestrian linkages should serve daily transportation needs
safely and conveniently.
i. Denton's ability to grow and expand should be identified In the city's annexation
strategy.
2. Specific Strategies
t Quality of Growth
Quality of growth will be strongly managed.
i
s Qyatity of Growth
Quantity of growth will be managed through adequate public facilities
requirements and proactive planned extensions of service.
Location of Growth
Location of growth will be strong'y managed.
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Timing of Growth
Timing of growth will be strongly managed through tools such as adequate
public facilities requirements and the Capital Improvements Program.
a. Anticipating and allowing growth along the southern city borders, provided
development pays its own way, except where the Gty wishes to provide Incentives to
encourage a desired urban form or corridors.
b. Adopting an aggressive annexation policy in order to manage the density and
quality of growth within current ETJ land, and to maintain the existing certificate of
convenience and necessity (CCN),
c. Using Infrastructure master plans to develop expectations of adequate levels of
public services. In areas where water and sewer services are provided, moderate
density development can be accommodated. In areas where services are not
available, low-density development will be necessary, using seph'e systems and
wells.
d Single-family low-density residential uses will be allowed to develop in areas
outside of the urbanizing Areas. The size of the lots In those areas will be based
upon the area required to support a septic system, and wili vary based upon each
location's sails. The remaining land within those areas would remain as agricultural
uses
e. Within the urban and urbanizing areas, higher density residential patterns can
occur, if strict quality standards are observed.
f. These areas could be developed as 'Neighborhood Centers" that are developed in
an inwardly oriented manner with a focus upon the center of the neighborhood.
These developments should lt3 established In a manner that locates the center of
the neighborhood within a 5-to 10-minute walking distance from the edge of the
neighborhood. The center would contain uses necessary to support the surrounding
neighborhood These support uses could Include service oriented retail such as a
small grocery, hair salon, dry cleaner, or sma!I professional offices. Residential uses
could occur at higher densities with townhomes or residential flats above service
oriented uses. Open space would be encouraged in neighborhood centers with park
uses Including central neighborhood "greens" and floodplain preservation. Civic uses
such as fire stations, schools, libraries, and mass transportation nodes would be
encouraged to be essential elements of neighborhood centers as landmarks that are
a focus to tha neighborhood. The mix of uses Identified to support each
neighborhood may be developed to incorporate shops on the ground floor and
offices r r residences on the upper floors, a
g. Develop future residential within established residential areas In a manner that
responds to the existing residential development with compptible land uses and
patterns. Existing neighborhoods within the City are Protected and preserved.
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h. The center o in ill development would be in the downtown district where
preservation, restoration, redevelopment and Will would be the focus. Also, it is
recommended that the city consider creating "University Distrlrts" at UNIT and TWU.
These disMcts would focus on developing compatible, supporting land uses adjacent
to the universities.
I. Accommodate multifamily residential development In a variety of forms. Many of
the deteriorating apartments adjacent to the universities could be renovated or
redeveloped as new student housing In order to better support the needs of UNIT and
TWU. Additionally, other types of multifamily development such as townhomes
should be considered within the city. It is recommended that multifamily development
be located In areas that provide transitions between lower and higher Intensity uses,
and In a manner that will not negatively impact surrounding uses. Additionally,
multifamily uses should be located in small groupings around the city to provide a
mix of uses and densities, rather than concentrating all multifamily uses in one area,
which can have negative Irr,,- ncls upon the city.
j. Accommodate future commercial uses at key nodes throughout the city. It is
recommended that commercial uses not be located continuously along corridors In a
"strip' manner.
k. Accommodate business in several activity centers. At the Intersection of Loop
288 and iH 35, the plan calls for activity center. This center would be a mixed-use
center containing office, retail, and high-density residential uses. This center could
also include some research or technological uses that would be compatible with the
activities at the universities. A second activity center south of the intersection of
Loop 288 and IH 35E could contain medically related offices with a mix of supporting
uses. A third activity center un the south side of town would be located at the City's
ETJ along 11 -1135 west. This center would probably develop after the first two activity
centers and could support general office uses or activities supporting Alliance
Airport.
1. Cons!der extending the Denton Municipal Airport runway to 7,500 feet to
accommodate business Jets. Areas immediately adjacent to the airport would be
reserved for Industrial uses. Industrial uses are typically very compatible with
airports due to noise restrictions. These could Include fight manufacturing,
distribution centers, or other Industrial uses compatible with the city's environmental
quality policies. Existing floodplains in this area could provide an effective visual
buffer between industrial uses and other surrounding uses.
m. Locate future parks and Institutional uses as required to adequately support
future residential development These uses will be located In a manner that
encourages community building within neighborhoods. The layout of neighborhoods
should provide focus upon these facilities, with strong pedestrian links from the
surrounding neighborhoods, and with links to the city's regional pedestrian and
transportation systems
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n. Preserve the 1100-year floodplain to provide adequate drainage systems, wildlife
habitats preservation, passive recreational uses, trails systems, and buffers between
Incompatible land uses. j
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o. Evaluate the value and function of the natural environment within the study area to
Identify areas with unique ecological significance to suggest more site-specific plans.
r>. Consider the city's urban design objectives on a more site-specific basis.
YL
Key Planning Principles
i
During development of the Denton plan policles and growth management strategy, four planning
principles captured the essence of citizens' comments were Identified and defined.
Understanding each principle and their interrelationships is a important to understanding the
vision of Denton citizens and the ways we can take to achieve that vision.
A. PRINCIPLE OF INCLUSION
The plan vision states that Denton is a city for all types of people and all types of uses.
Participants throughout the plan process reiterated this principle. Denton Is a city, end a city f
creates opportunities for all types of people and businesses. To accommodate all types of
people, a city must allow all types of housing. And to accommodate a complete range of
business opportunities, the city must organize those uses to minimize land use conflicts and
must define performance requirements that require property owners to perform to community
standards,
B. PRINCIPLE OF SUSTAINABILITY
Community sustainability can be defined as the ability of a community to use its resources to
ensure that its members can attain a high degree of health and well-being, economic security,
and a say In shaping their future This Is done while maintaining the integrity of the ecological
systems upon which all life and production depends. This Implies a sense of fairness and
justice within the community, across generations, and across communities. The citizens of I
Denton stated that they wish to five in a community that is sustainable on all levels.
C. PRINCIPLE OF BALANCE
Balance is the condition of stability and cohesion within the systems of governments, residents,
organizations, and the environment. A community in balance Is resilient and sustainable. The
practical aspect of land use balance Is rellected in the ratio between residential and t
nonresidential uses and the relationships among residential and nonresidential land uses. The ,
city must also be aware of the financial implications of its land use plan, The citizens of Denton
asked that the city organize its land to accomm:date a balance of land uses.
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D. PRINCIPLE OF MAINTENARCE
A city must allow development to occur that provides the resources to maintain its Infrastructure
and public facilities. In a community that has a high percentage of public lands, it may be
advantageous to create a tax base with multiple revenue sources. The citizens of Denton have
asked that the city maintain and enhance the opportunities to expand the tax base of the
community and that adequate resources are made available to maintain and enhance public
lands and facilities,
I
V.
Goals 8 Strategfes
Wilhin the land use plan framework of neighborhood, community, and regional classifications
are found the more traditional residential, commercial, and civic land uses. In addition, the plan
also establishes several districts that are of special Interest to the community;
s The Downtown University Core District
Ray Roberts Lake
The Denton Municipal Airport
e Industrial districts
• Employment districts
a The city's undeveloped 100-year floodplain area
A summary of developed, undeveloped, and zoned land In the city follows:
NEW TABLE 1111111
City of Denton
1993 Summa of Dove lo ed Land Uses
Land Use Developed Percent of Percent of
Area All Developed Atl Area
(Acres) Area In City
Residential 6,679 50.8 19.8
Commercial 1,235 9.4 3.8
Industrial 1,167 8.8 3.4
Civic 4080 30,9 12.0
Under Construction 17 0.0 OA
Total 13,184 100 38.8
Developed
Total 20,818 81.2
Undeveloped
Total 34,002 100
Area
Source: North Central Texas Council of Governments, 1995 Lend Uses
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NEW TABLE 02
City of Denton
1998 Summa of Zonin Classifications
Zoning Area Percent
Classification (Acres) of all
Zoned Area
Agricultural A 14,150 39,6
One family Dwelling SF-18 1,076 3.0
One family Dwelling SF-13 8 0.0
One Family Dwelling (SF-10) 2,042 6.7
One Family Dwelling SF•7 3,630 10.1
Two Family (21F) 241 01
Multifamily Restricted MF-R 44 0,1
Mullfamily Dwelling•1 (MF-1) 772 21
Multifamily Dwelling-2 (MF-2) 792 2.2
Parking (P) v 7 0.0
Office 0 158 0,4
Neighborhood Service (NS) 1s 0.0
General Retail (t3R) 433 1.2
Commercial (C) 1,546 43
Central Business CB 64 0,1
Light Industrial LI 4,448 12.4
Heavy industrial HI 117 0.3
Planned Development PD _6209 17.3
Total 35 742 100
Source: City of Donlon OIS Zoning Coverage, October 1998
A. RESIDENTIAL LAND USE
Housing is the predominant land use in Denton, accounting for about half of the developed land
In the city. The city's 1998 housing stock of single-family residences comprised 48 percent of 1,11
housing units In Denton and used 82 percent of all residentially developed land, with an averrge
density of 2.6 units per acre, ranging from multiple-acre properties to 6 to 8 unite per acre.
Multifamily residencos comprised 45 percent of all housing units in Denton In 1998 and used 8
percent of all residentially developed land, with an ave age donsity of 24.6 units per acre and a
range of 8 to 50 units per acre.
lip
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A summary o rest entra ly developed land, an uses, a zone a In the city follows!
NEW TABLE 03
City of Denton
1995 Developed Residential Land Uses
Type of Area Number Density
Residential Developed of (Units per
Land Use Acres Housln Units Davslo ed Acre
Single-Family S M4 14,387 2.81
Muld-Faml 547 13,476 24.64
Other Residential 628 2,323 3.70
Total Residential 8 679 30188 4.52
Source: North Central Texas Councll of Governments, 1995 Land Use
North Central Texas Council of Governments, 1998 Current Housing Estimates
Definitions:
Sinole Famd means one•fam0y detached unit and duplexes.
Muhl-Family means struclures with three or more separate units such as apartments, lownhouses
and condominiums.
Qther Res7dentlal includes mobil - homes Inside mobile home parks and free standing units outside
parks. Also includes group quartors or nursing homes, orphanages, college dormilorles, jail, military
base personnel quarlers.
NEW TABLE 04
City of Denton
1995 Developed Residential Land Uses
As a Percent of All Developed Land
Type of Residential Area Percent of
Land Use Develo d Acres All Developed Area
Single Family 5,504 _ 41.7
Multi-Family 547 4.1
Other Residential 828 4.7
Total Residential 8,879 50.6
Developed Area
All 13,184 100
Developed Area
Source: North Cootral Taxes Council of Governments, 1995 Land Use
North Central Texas Council of Governments, 1998 Current Housing Estimates
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NEW TABLE M5
City of Denton
1998 Residential Zoning Classifications
Zoning "Straight" PD Total Percent
Classification Zoned Zoned Zoned Of All
Area Area Area Zoned
Acres Acres Acres Land
Agricultural A _14149.8 5.2 14155,0 39,6
One Family Dwelling 16) 10761 41,3 1,117.4 3,1
One Family Dwelling SF-13 7.8 25.3 33.1 0,0
One Family Dwelling SF-10 2,042.3 385.4 2,427.7 6.7
One Family Dwelling SF-7 3629.7 1053.5 4,683.2 13,1
One Family Dwelling Small 204.8 204.8 0.5
Two Family Dwelling (2F 240.7 122.8 363.3 1,0
Multifamily Restricted (MF-R) 44.3 267.7 312.0 0.8
Multifamily Dwelling-1 MF-1 771.6 8110 11584.6 4,4
Multifamil Dwelling-2 MF-2 792.3 792.3 2,2
Total Residential 22 754.6 2,918.8 25 873.4 _ 71.8
Total Zoned Area 2-9,50.2.5- 0,20Y.4 35 741.9 100
Source: City of Denton t31S Zoning Coverage as of October 29, 1998
Notes', MF-2 is the zoning classtflcatbn used for land owned and developed by the University of North
Texas and Texas Woman's University, Including their golf courses.
1, Primary Residential Land Use Principles
a. Promote a Diverse Housirxi Stock
The residential component of the land-use plan should be to allow all types of people
to live in Denton by allowing a variety of housing types, sizes and prices, The
housing stock should reflect the demographics and economic structure of the
community.
b. Limit Sprawl
The residential component of the land-use plan should guide development of
housing palterr s that limits sprawl, accommodates projected housing demand, and
allow quality high density development where it is close to jobs, shopping, schools,
and transit.
c. Demand Quality
The preservation of existing and future neighborhoods can be achieved by r
demanding high-quality development through establishing design and construction r t
standards that are fair and evenly applied,
2, Housing Target Densities by Area
Housing should be allowed within all land-uses districts except for Industrial districts.
However, long-term care facilities and boarding and rooming houses may be feasible In
some cases within Industrial districts.
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• Average residential densities will be the same as exists today.
• The average citywide single-family U size will continue to be 10,000 SF, which
corresponds to a density of 3 units per acre. The single-family residential density In
neighborhood centers will average 4 units per acre,
• The average citywide density for multifamily development will continue to be 14'
units per acre, which corresponds to existing development patterns.
• The minimum lot size for single-family low-densRy development will be 2 acres, or
more if required to support a septic system,
• NOTE: Retirement homes, manufactured hones, group quarters, and other housing
types were Included In this calculation.
Further definition of residential land use classifications that differ by type, density, and
geographic location will be Included In the revised development code and citywide zoning
map. Three evaluation criteria will be taken Into account to determine appropriate site-
specific residential densities:
• Design quality
• Adequacy of public facilities
• Amenities provisions
The elements Identified above cannot and will not be separated from each other when
relative zoning densities are assessed. Development standards addressing design quality,
adequacy of public facilities, and amenities provision will be codified and applied to all
development, The rationale governing the regulation of residential density Include the
following points:
a. Dense development can be magnify negative Impacts H Improperly constructed,
b. Denton has experienced first hand the detrimental effects of high-density
development that have caused resident concern,
c, As density Increases, the expectations of quality and assurance of proper regulation
must increase.
d. As density Increases, the ability of a developer to provide higher quality and more
amenities per dwelling unit Increases. The city will use these opportunities
advantageously.
r
e. Density Increases can be used advantageously to protect or acquire lands that are ( t'- ~ '
environmentally sensitive or of slgni8cant value to the city.
i
The recommended land use plan identifies the areas that will be treated as separate
character areas.
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Increased levels o home ownership is an objective that as been determined to prov e
many potential community benefits, and serves an Important public purpose. Different
regulatory options will be considered to facilitate the Implementation of the stated objective:
to achieve a 60 percent single family - 40 percent multifamily ratio of residential
development over the next twenty years.
3, Residential Neighborhood Districts
a. Existing Residentiatllnfill Compatibility
Within established residential areas, new development responds to existing
development with compatible land uses, pattems, and design standards. The plan
recommends that existing neighborhoods within the city be protected and preserved.
Housing that Is compatible with the exlsAng density, neighborhood service, and
commercial land uses is allowed,
b. Neighborhood CenterslNew Neighborhoods
Within the undeveloped urban and urbanizing areas of the city, mixed-use and mixed
housing types are allowed to develop in a pattern of 'neighborhood centers'. These
are oriented inwardly, focusing on the center of the neighborhood, These
neighborhoods will exemplify the inter-relationship between quality of development,
density, services and provision for adequate facilities, These developments should
locate the center of the neighborhood within a 5- to 10-minute walking distance from
the edge of the neighborhood. The center would contain uses necessary to support
the surrounding neighborhood. These support uses could Include service-oriented
retail such as a small grocery, hair salon, dry cleaner or small professional offices.
Residential uses could occur at higher densities with townhomes or residential flats
above service oriented uses. Open space would be encouraged in neighborhood
centers with park uses including central neighborhood `greens" and floodplain
preservation. Civic uses such as fire stations, schools, libraries, and mass
transportation nodes would be encouraged to be essential elements of neighborhood
centers as landmarks that are a focus to the neighborhood. Limited multistory
development In the neighborhood may be developed to Incorporate shops on the
ground floor and offices or residences on the upper floors,
Cr Large-Lot Rural
Single family large-lot residential uses will be allowed to develop in areas outside of
the urbanizing areas. The size of the lots in these areas will be based upon the area
required to support a septic system, and will vary based upon each location's soils.
The remaining land within these areas would remain as agricultural uses.
d. Other Residential
Residential uses will occur within the downtown university core, community mixed
use centers, regional mixed-use center, and employment centers. Multistory uses
may develop uses other than residential such as office, retail, and service uses.
Uses may occur In separate structures but follow a pattern of development that
focuses on the mixed-use center. (See Urban Design)
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Revised Section 3 Growth Managentertt c
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oa a tre 0979
- a,
Accommodate balanced future residential developments: 1) between residential and
nonresidential land uses, and, 2) among the various types, styles and prices of ;
housing.
1) Goals
Maintain about 50 percent of the developed land area within the city as
residential land uses. Increase the percentage of owner•occupled housing to
60 percent by the year 2020,
Revise the zoning regulations and consider requirements for a variety of
housing types In new development.
2) Strategies
Revise the zoning and subdivision regulations to affect desired residential
land use Including:
a) For land that has been developed, maintain minimum residential lot sizes
In the zoning code to protect existing neighborhoods.
b) For undeveloped land, replace minimum residential lot size In the zoning
code with density ranges that are consistent with the principles and
concepts of the growth management strategy and plan.
c) Establish design standards for all housing according to housing type,
d) Require variety of housing styles, typos and prices with large, newly I
developed neighborhoods.
b. Meet Protected Demand
Over the period from 1998 to 2020, if growth projections are accurate, nearly 50,000
additional housing units are needed In the city to meet the projected demand.
1) Goal
Add 27,000 single-family homes and 18,000 multifamily units by the year to
bring the ratio of single to multifamily housing from 51:49 In 1998 to 58:42 in
2020.
2) Strategies
a) Establish land use plan density criteria for all housing according to the
growth management strategy.
b) Establish mixed-use development areas that allow housing In regional,
community, and neighborhood centers and the Downtown University Core
District.
c. Location. Location, LocetlonLocation Location
Increase housing opportunities In the core of the city, i
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Revised Section 3 Growth Manage rent
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Use
1 Goals
Add urban-style-housing units In the university core area by 2020. Add
owner-occupled (condominiums, townhouses, duplexes and single-family
detached) housing units inside the loop (Loop 288,1-35 and 1.35E). Revise
the development regulations and allow urban•s
le housing In mixed-use
districts. ty 9 2) Strategies
a) Define a Downtown University Core District and develop small area plans
that Identify specific housk ig opportur'ttes and goals.
b) Create a density bonus for qualified affordable housl ng projects and
participants In affordable housing programs.
c) Establish a variable-rate impact fee for water distribution and wastewater
oollectlon lines that encourages development In the center of the city.
d) Establish criteria for evaluating residential zoning changes to assure
consistency with the growth management strategy and Denton
comprehensive plan policies and consistency with area plan
recommendations.
e) Encourage all new development to be contiguous to existing
development.
f) Establish regulations that allow neighborhood-oriented, nonresidential
land uses in neighborhood centers.
g) Allow higher-density, single and multifamily housing along major arterial
roads and near Intersections of arterial and collector roads.
d. Density Where it Makes Sense 1
To achieve environmental goals, deliver urban services efficiently and allow lower
densities elsewhere, higher residential density occurs In regional, community, and
neighborhood activity centers.
1) Goals
High densities should be concentrated where infrastructure can support them
and near jobs, schools, shopping, and cultural centers. Increase the number
of housing units and achieve higher housing densities In the downtown
university core and urban centers. Enable the creation of moderate housing
densities within neighborhood centers in a mixed-use setting.
2) Strategies
a) Allow high-density urban-style housing within the downtown university
core and other activity centers,
b) Adopt minimum density standards in activity centers.
c) Create a density bonus for qualified affordable housing projects and
participants In affordable housing programs.
d) Require adequate levels of service prior to residential development, l
e) Determine the appropriate n•sthods to prevent development in the 100•
year fioodplaln.
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S. COMMERCIAL LAWUU
The role of commercial activity in a city is to provide convenient and available retail, service, and
office opportunities to residents of the Denton market area. Commercial activity provides return
in investment for business and property owners, employment opportunitles for local residents,
and an economic base for local taxing entities. Commercial activity generally supports
community residential activity, but certain aspects of the retail, service, and office uses such as
big-box retail, and service and office headquarters may be more regionally oriented and act as
basic elements of the economy,
A summary of commercially developed and zoned land In the city follows;
NEW TABLE MB
City of Denton
1995 Developed Commercial Land Uses
Commercial All Percent of All
Develo ed Area Develo ed Area Develo ed Area
Acres 1,235 13,184 9.4 f
Source: North Central Texas Council of Governments, 1995 Land Use I
Definitions
Qgmmorcia Includes all office structures and retail buildings, such as department stores, repair
shops, supermarkets and restaurants, as well as hotels and motels.
NEW TABLE 07
City of Denton
1998 Commercial Zonln ClaseMcatlone
Zoning Area Percent of
Classification Acres All Zoned Land
Office (0) 158.3 0.4
Neighborhood Service (NS) 14.9 _ 0.0
General Retail GR 432.9 1.2
Commercial (C) i,545.15 4.3
Central Business (CB) 545 0.1
Planned Developments 1.739.9 4.8
Total Comma rctal 3 948_1 11.0
Total Zoned Area 35 741,9 100
Source: City of Denton GIS Zoning Cove,oge as of October 29, 1998
City of Denton Planning Dept, Planned Development Summary; March 1998
1. Primary Commercial Land-Use Prlp.clpl*s
a. Mijotalnino Balance
It Is the desire of the residents of Denton to maintain and enhance the balance
between residential and commercial land uses and assessed values In Denton.
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b. Limiting
One of the overall goals of the land use plan is to limit the amount of strip
commercial development along Denton's arterial streets, collectors, and highways.
C. Demanding Quality
The quality of development, particularly commercial development along the city's
corridors, is a significant factor in the quality of neighborhoods, the urban
environment, and the suslainability of structures,
2, Commercial Land-Use Classifications
a. ReaIona I Acti-olty Center
for a regional activity center, the focus area contains the shopping, services,
recreation, employment, and Institutional facilities supported by and serving an entire
region. A regional activity center could Include a regional shopping mall, a number of
major employers, restaurant and entertainment facilities, a large high school or
community college, and high-density housing. A regional activity center Is
considerably larger and more diverse in its land uses than any other activity center.
It Includes vertically Integrated uses where different uses may occur on each floor of
the building.
b. Community Activity Cqn g!
The focus area of a community activity center contains the shopping, services,
recreation, employment, and Institutional facilities that are required and supported by
the surrounding community. Thus, a community activity center could contain a
supermarket, drug store, specialty shops, service stations, one or more large places
of worship, a community park, midsize offices, and employers, high- to moderate-
density housing, and perhaps an elementary or middle school. It includes vertically
Integrated uses where different uses may occur on each floor of the building.
c. Nelahborhood Center Services
The focus area of a neighborhood center contains facilities vital to the day-to-day
activity of the neighborhood. A neighborhood center might contain a convenience
store, small restaurant, personal service shops, church or synagogue, daycare,
individual office space, or a small park, These diverse facilities are Ideally located in
close proximity to one another In the center, so that all the essential neighborhood
facilities are In one convenient location, accessible In a single stop or by walking or
biking It includes vertically integrated uses where 4 fferent uses inay occur on each
floor of the building,
d. Downtown University lore District
The Downtown University Coro District should be a place of great vitality, with a mix
of educational, residential, retail, office, service, government, cultural, and q
entertainment development. The health and vitality of the area can contribute in a
major way to the City of Denton, the city's local and regional Image, and quality of
lira It Is a place where residents can live, work, learn, and play In the same
neighborhood. It Includes vertically Integrated uses where different uses may occur
on each floor of the building.
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3. Goals Strategies
a. Qfganize Commercial) and Uses:
1) Goers
To provide for reasonable amounts and distribution of various types of
commercial land use in attractive and well-located settings. To provide for
commercial activities in planned activity or neighborhood centers, rather than
on scattered sites or highway strips. To develop activity centers where
commercial uses, professional offices, and public facilities are located near
residential development, while providing sate and convenient pedestrian
access. To maintain, intensity, and/or expand existing cornmercial areas,
where appropriate, while removing commercial uses from, and stopping
intrusions Into, areas not appropriate for commarcial use. To locate
neighborhood-oriented, commercial activities conveniently to dwelling units In
order to minimize the need for frequent automobile trips for everyday
household needs. To encourage the location of day-care centers, housing,
churches, social clubs, and other quasipubtic uses within or adjacent to
activity centers in order to share public facilities and help establish these
areas as focal points.
2) Strategies
a) As commercial t reas are developed, redeveloped, or expanded, the
provision of multiple-use activity centers, as Identified in the plan, Is {
developed in lieu of development as single-function shopping areas.
b) Commercial activity or neighborhood centers are the preferred location for
retail, commercial, and community services and encroachment of these
uses Into other areas is discouraged.
cl Commercial development occurs only in activity centers that are
appropriate to its service and trade area and that are compatible with
adjacent existing emid proposed land uses and with existing and
programmed public services and facilities.
d) Service-commercial establishments locate in appropriate activity centers,
rather than at haphazardly chosen locations that contribute to the
formation of strip or spot commercial development.
ej The location and size of neighborhood centers areas relate to the
character and needs of the specific residential development these centers
are Intended to serve,
b. Develop Desion Standards: '
1) Goals
To provide for convenient, aesthetically pleasing, and environmentally sound
commercial opportunities that are easily accessible to the existing
transportation network. To encourage and provide for the upgrading and
maintenance of commercial corridors. To develop and maintain a healthy,
vital downtown. (See Urban Design Section)
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2) Strategies
a) Redeveloped and expanded commercial areas are subjected to high
standards of site design and designed In relation to surrounding areas so as
to provide safe, visually pleasing vehicle and pedestrian access without
compromising the character and appearance of the built and natural
environments.
b) Activity centers are integrated with surrounding streets and uses, where
appropriate, by means of landscaping, berms, fencing, and the siting of
structures. Facades, architectural screering (walls, fences, parapets, etc.)
and a unified landscape treatment is conststint and creates an Identifiable
activity center.
c) Neighborhood centers may Include uses specifically supportive of the
neighborhood, uses In scale with residential structures, and service-oriented
uses such as day-care centers, dry cleaners, corner stores, civic structures,
and moderate-density housing, when the design demonstrates adequately
that these uses and structures will be compatible with both the neighborhood
center and the surrounding neighborhood,
d) Renovation and reuse of downtown buildings will be appropriately scaled,
high-quality design, and maintenance is necessary to bind the downtown Into
a quality environment.
f
e) Buildings are designed to be compatible with the established character
and built form, or with surrounding development
c. Maintain a Diversity of Land Uses in the Community
t) Goats
To create job opportunities and enhance the economic base of the planning
area and the county, by focusing on retaining and attracting commercial uses,
in particular retail and service-oriented business, in addition to focusing on
industrial economic development activities, and by developing an up-to-date
inventory of all businesses and buildings within the planning area.
Information on size, average rents, property values and amenities, traffic
counts, and estimated sales of existing businesses should be included. A
breakdown of the categories for types of businesses wilt also be useful.
2) Strategy
a) The amount and type of proposed retail-commercial uses permitted in an
activity center is based upon an analysis of the potential market generated by
the size and type of popul,tion that will live within the center's market area, A ,
The analysis should also take into consideration all other nearby existing or I
approved commercial uses and the possibility of overlapping service areas,
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The role of industry in Denton is relatively new. Two historic industries date back to before the
turn of the century: Morrison's Milling, a processor and manufacturer of food products located
near downtown Denton, and Acme Brick, a manufacturer of building products located south of I-
35E, east of Fort Worth Drive. Denton's economy has been more dependent upon government,
education, and retail activities for its base. In the past several decades, many additional
manufacturing entities have made their home In Denton, broadening the employment base in a
time when most communities are becoming less dependent upon industrial jobs,
Denton currently has approximately 5,098 acres (nearly 8 square miles) of Industrially zoned
land located throughout the city. Depending upon site and Infrastructure needs, prospective
businesses are presented with several options as to location, price of land, and degree of
infrastructure in place. Intemal existing infrastructure varies as well as directlindirect highway
access. It Is very important that opportunities for pubiielprivate development partnerships be
formed to identify and encourage addressing specific infrastructure needs within the industrial
and employment centers.
A recently completed land use inventory indicates that there are approximately 1,167 acres of
daveloped industrial land use, less than 24 percent of the industrially zoned land within the city.
The developed Industrial land represents 16 acres per thousand population.
A summary of industrially developed and zoned land In the city foliov s:
NEW TABLE #8 i
City of Denton
1995 Developed Industrial Land Uses
Industrial All Percent of
Developed Developed All Developed
Area Area Area
Acres 1,167 13,184 88 1
Source: North Central Texas Council of Governments, 1995 Land Use
Definitions:
fndustM Includes manufacturing plants, warehouses, once showrooms, etc.
NEW TABLE #9
City of Denton
1998 Industrial Zoning L'lassificatlons
Zoning Area Percent of
Cfassifeatlon Acres All Zoned Land r
Light industrial LI 4,448.5 12.4 k
Heavy Industrial HI 11615 0.3
Planned Developments 532.7 1.4
Total Commercial 5,097.7 14.2
Total Zoned Area 35 741.9 100
Source: City of Denton GIS Zoning Coverage as of October 29. 1998
City of Donlon, Planned Development Summary, March 1998
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Note: Planned eve o ent •t 4 a
pm l a c ass ca lion usiness ark at
allowed commercial and industrial uses, Fof the Purposes of these tables,
business park has been included in commercial land uses.
Community goals should be incorporated Into industrial recruitment and expansion programs.
Therefore, a primary goal of economic diversification Is to attract and recruit industries tha; use
high-quality environmental practices, bring new capital into the economy, and provide higher-
than-average wage jobs. Just as important as the make-up of Industrywithin Denton is its
location. The land use plan focuses on designated locations for certain types of industriat uses
with large manufacturing facilities locating in Industrial centers and light manufacturing facilities
in both industrial centers and employment centers. Current development standards and
permitted uses should be reviewed to ensure oompatibiliy within the centers and surrounding
land uses.
1. Primary Industrial Land Use Principles
a. 9raantzing to 111nimize Conflicts
It is the desire of the residents of Denton to organize Industrial and employment land
use districts so as to minimize conflicts with adjoining land uses and to most
efficiently utilize the existing transportation systems.
b, Developing Performance Standards
( Just as the quality of commercial development is Important to Denton residents, the
performance of industrial and employment development Is critical to the health,
safety, and welfare of the community, its environment and its security.
2. Proposed Land-Use Classifications
a. Industrial Centers
industrial centers are intended to provide locations for a variety of work processes
and work places such as manufacturing, warehousing and distributing, indoor and
outdoor storage, and a wide range of commercial and Industrial operations. The
industrial centers may also accommodate complementary and supporting uses such
as convenience shopping and child-care centers. There will most likely be Instances
where industrial and manufacturing processes used in industrial centers may be
characteristically incompatible with residential uses,
b. Employment Centers
Employment centers are intended to provide locations for a variety of workplaces,
including light manufacturing uses, research and development activities, offices, and
Institutions. Employment centers are also Intended to accommodate secondary uses
that complement or support the primary workplace uses, such as hotels, restaurants, r
convenience shopping, and child-care. r
! j
Additionally, employment centers are Intended to:
• Encourage the development of office and business workplaces Inclose
proximity to housing, civic, aftd recreational uses;
• Promote excellence in the deslgn and construction of buildings, outdoor
spaces, transportation facilities, and streetscapes;
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• Direct the development of workplaces consistent with the availability of
public facilities and services; and,
• Continue the vitality and quality of life in adjacent neighborhoods.
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c. Industrial Uses
Industrial uses could be described as those engaged in the basic processing and
manufacturing of materials or products predominately from extracted or raw I
materials, or a use engaged In storage of, or manufacturing processes using 1
flammable or explosive materials, or storage or manufacturing processes that
potentially Involve hazardous conditions. Industrial would also Include those uses
engaged In the cleaning of equipment or work processes Involt ing solvents, solid
waste or sanitary waste transfer stations, recycling eslablIshmants, and transport
terminals (truck terminals, public works yards, container storage), industrial uses
would be allowed In industrial centers as designated on the land use plan.
d. Light Industrial Uses
Light Industrial uses could be described as those engaged in the manufacture,
predominantly from previously prepared materials, of finished products or parts, l
Including processing, fabrication, assembly, treatment, packaging, incidental storage,
sales, and distribution of such products. Further, light Industrial would include the
manufacture of electronic instruments, preparation of food products, pharmaceutical
manufacturing, research and scientific laboratories, and similar uses. Light Industrial r
uses would not include mining and extracting Industries, petrochemical Industrles, 1
rubber refining, primary metal and related industries. Light industrial uses would be
allowed in industrial centers and employment centers as designated on the land use
plan.
3. Industrial Centers
The land use plan identifies four industrial centers and four employment centers. Denton is
strategically located at the junction of U.S. Interstate 35, 35EasL and 35Wesi, providing
excellent transportation of goods from Mexico to Canada. In addition, State Highway 380
establishes access to east and west markets. All industrial zoning districts are located along
these major thoroughfares or are connected via Loop 288.
a. Western Industrial Center
Denton's largest industrial area is located in the western-most Denton, with the
Denton Municipal Airport as its central focus. It Is bordered by U.S. Interstate 35 on
the east, by the proposed extension of loop 288 on the west, and by U.S. Highway
380 on the north,
b. Acme Industrial Center
This center is located In south central portion of Denton between US 377 and
Teasley Lane. Mission Road provides the southern boundary.
c, Southeast Industrial Center /
This center is located to the southeast portion of the city with Loop 288 providing the
northwestern boundary and the abandoned railroad providing the southwestern
boundary.
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d. Northeast Industrial
This Industrial center is located on the north side of U.S. 380, Immediately east of
Loop 288 in the northeast portion of the city. The Union Pacific Railroad runs along
the northern boundary of the area.
e. Northwest Emolovment Center
The Northwest Employment Center Is located to the west of U.S. Interstate 35 and to
the south and east of the proposed Loop 288 extension. The Kansas City Southern
Railroad bisects the area running from the northwest to the southeast
f. Southwest Employment Center j
The Southwest Employment Center Is located south of the Western Industrial Center
on the west side of 1-35W. The proposed Loop 288 extension defines the western
boundary of the center.
g. East Loot) 288 Emolovment Center
This center runs along both sides of the easternmost portion of Loop 288 from
McKinney north beyond Mingo Road.
h. North Texas Research Park Employment Center
This center is located in the southeast portion of Denton. The center extends past
Woodrow Lane on the west and past Mayhill on the east Spencer Road provides the
southern boundary. The northern boundary is formed by the floodplaln between
Woodrow and Loop 288.
4. Goals and Strategies
a. Infrastructure Partnerships
1) Goat
Whenever possible, the city should form public/private partnerships to meet
Infrastructure needs within the industrial districts. Development that
compliments existing businesses in the district should be encouraged,
2) Strategy
a) Considerations should be given to businesses that are In line with
economic diversification and environmental policy statements.
b. Marketira Partnershios
f) Goal
The economic development partnership formed by the City of Denton and the
Denton Chamber of Commerce should work closely with property owners
within each industrial district to market land to businesses Identified as
approprlate for each district x t
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Strategies
a) Provide assistance to property owners by maintaining a complete and
current Inventory of available sites.
b) Create a "target' list of businesses suitable for each district to be included
in the overall marketing plan.
I
c) Encourage public/private partnerships to stimulate location and expansion
of businesses within the district
c. University Partnerships
1) Goal
The University of North Texas, Texas Woman's University, and North Central
Texas College should be considered a vital part of the marketing program.
2, Strategies
a) Continue to develop partnerships with the higher education Institutions,
focusing on the development of research activities, training, and
entrepreneurial opportunities.
b) Assist the higher education Ir itut;ons In creating links with private
Industry. r
0. CIVIC LAND USES `
Civic land uses are lands that are public or quasipublic in nature. Including but not limited to:
• Lands owned and utilized by public agencies or governments for the public good;
• Lands dedicated as parks, drainage facilities or open space; and,
• Lands that are owned and operated In a quasipublic manner such as churches or f
private schools.
f
1 Civic land uses represent 30.9 percent of the developed land in Denton, second only to
residential developed area (50.6 percent) and three times the amount of commercial and
industrial land. Transportation right-of-way is second only to single-family residential land uses
in terms of percent of all land used. Institutional land uses are nearly equal to the amount of
existing industrial and commercial land uses. j
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A summary o deve ope civic and follows:
NEW TABLE #10
City of Denton
1993 Developed Civic Land Uses
Type of Civic Area Percent of All
Land Use Developed Developed
Acres Land
Institutional 1062 8.0
Infrastructure 1,838 13.9
Dedicated 1,060 8.0 f
Water 126 0.3 !
Total Civic 4 088 30.9
Source: North Central Texas Councilor Governments, 1995 Land Use
Definitions:
rnsr;ruN°nai includes uses such as churches, government facilities, museums,
schools, hospitals, medical clinics, libraries, and military bases.
Infrastructure includes all roads, airports, {including terminals and runways,
railroads, radio and television communication stations, truck terminals, sewage
treatment and power ptante, power line easements, pump stations, water treatment
plants, and water systems, etc.
Dedicated Land includes all public and private parks, golf courses, cemeteries.
tennis courts, swimming pools, amusement parks, sanitary landfills, land
applications and similar waste management facilities. Also Includes major flood
control structures, levies and flood channels.
SNaterincludes all water bodies
In addition to the local municipal government, Denton Is home to the University of North Texas,
Texas Woman's University, the Denton State School, Denton County, and the Federal
Emergency Management Administration, all of which have significant land holdings. In addition,
within Denton there are two major interstate highways, two major railroad fights-of-way, and
numerous other state highways.
In planning civic land uses should be used to the maximum extent possible to lead and guide
development. The community should invest in civic development that serves as local Iandmarks.
Civic land uses can be organized to provide focus for regional, community, and neighborhood
activity centers. Civic land uses can be located to provide shared facilities and most efficient
use of land Civic land uses can be used to prevent strip commercial development along the I
regional and community highway system.
1. Role of the Universities and Schools
Collectively, the University of North Texas, Texas Woman's University, the Denton State
School, and the facilities of the Denton Independent School District comprise a significant, /
but not large, portion of Denton's developed land area. These Institutions are major
employers in the community and are the most significant economic engine In Denton.
Individually, each entity owns IanJ area that Is less than many recently platted subdivisions.
Within these lands are recreational facilities, golf courses at the two universities, and open
space and park lands at many schools, that have community-wide benefits.
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2. Impact on Tax Base
The tax base of the community has historically been thought of as "taxable property", but
since the advent of the additional Ma cent sales tax in Denton, total city sales taxes collected
are now greater than the total city property taxes. The dominant tax base in Denton is now
"taxable expenditures".
Even though public institutions do not appear on the property tax rolls, their impact on the
city's tax base is significant. Institutional expenditures and payroll that Is spent locally are
an Important component of local sales taxes collected. The more administrators, teachers,
and students that live and make expenditures in Denton, the greater their Impact on the
local tax base. Utility profits derived from the universities are an Important benefit to the city.
Less significant is the role of these civic land uses on the tax base of the local school district
and Denton County. These entities do not have the ability to collect sales taxes and
therefore are limited to local property taxes and Intergovernmental transfers for revenues.
The impact on county and school tax bases is secondary In nature, depending upon the
investment of employees in their housing and the investment of community commercial
entities seeking to capture the expenditures of the institutions and their employees,
Civic land uses include lands owned by public or private nonprofit entities that are
accessible to the general public and contribute to the civic fabric of the community. This
uses include the streets, parks and public buildings maintained by the city, county, state and
federal governments, as well as privately-owned and maintained Institutions such as
churches and private schools. Civic land uses make up a significant share of the total
developed land In the city.
3. Primary Civic Land Use Principles
a. Providing Adeggg}e Public Facilities
One of the primary functions of civic land uses is to support existing and proposed
development with adequate public facilities.
b. Building Landmarks
A measure of the identity of a community is its enduring landmark buildings and
places. Most of these are civic in nature, public or quasipublic places that enhance
the quality of life for all residents.
c. Enhancing Corridors
Civic land uses. inducting the city's corridors themselves, can be enhanced to
distinguish and encourage the beautification of the non-cMe land uses along these
corridors,
E. MUNICIPAL FACILITIES
Denton's city government is obligated to provide high quality public facilities while, at the same
time, limiting the financial burden of these facilities as much as possible. The availability of an
array of public facilities relates strongly to the quality of life for residents. These facilities can be
centralized or decentralized and they are managed based on performance standards related to
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growth, new development, service standards, an convenience. he development a
implementation or goals and policies helps the city to ensure public facilities will be available to
serve new development. It also supports the city's efforts toward In-fill development and
redevelopment by ensuring that development away from the city core does not deprive in-fill and
redevelopment activity because of Inadequate facility capacity. These policies should be
coordinated with the city's overall program for scheduling and funding capital facilities.
Public facitities include a vast number of local government buildings, facilities, and places,
including-
• Streets
• Utilities
• Police facilities
• Fire facilities
Parks and recreation facilities
libraries
• Airport
• General government facilities such as the service center, city hall, city hall east, and
city hall west.
In addition, other levels of government mainUain comparable public facilities. Denton County
maintains its general government, courts and jail facilities. The State of Texas maintains many
geraral government offices as well as Texas Department of Transportation (TXDOT)
maintenance facilities. The federal government also maintains many facilities in and around
Denton.
1, Categories of Service
Public facilities may be centralized or distributed around the city. Many services, such as
administration, customer service, code enforcement, building inspections, engineering, and
planning are developed as centralized manner. These offices are located towards the center
of the city to provide equal access to all the residents. Other public facilities are located
throughout the community. Parks, fire stations, schools, and even some police facilities are
located in many different areas.
2. Goats 8 Strategies
a. AdItguate Public Facilities
f) Goal
To provide public facilities adequate to support the future development of
Denton.
2) Strategies
a) Identify thresholds of development that require civic support and
Investment In civic facilities. 4
b) Combine civic uses for most efficient use of resources - for ex.,-nple, the
location of city parks adjacent to school facilities.
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b. nt i
f) Goal
Te organize civic land uses into regional activity centers.
2) Strategles
a) Locate major recreational activity centers within or adjacent to regional
activity centers, industrial, or employment districts.
b) Locate high school and school athletic facilities within or adjacent to
regional activity centers.
c) Consolidate university land uses within the downtown university core
area,
d) Locate major local government facilities within the downtown area,
b. Community Cenler Activities
1) Goat
To organize civic land uses into community activity cente e.
2) Strategies
a) Locate middle schools within or adjacent to community activity centers.
b) Churches, service clubs, and other quasipublic uses are encouraged to
locale within appropriate activity centers, to help establish these areas as
focal points and to provide for the sharing of parking and other facilities.
c. Neighborhood Qenter Activities
1) Goal
To organize civic land uses Into neighborhood centers.
2) Strategy
a) Locale elementary schools within or adjacent to nei(thborhood centers.
d. LQ-nd-M-41~2
f) Goal
To de elop civic landmarks.
2) Sfrategles
a) Provide a budget for exemplary architectural details when constructing
community facilities.
b) Develop civic landmarks that lead by example.
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e. Leading Development f'
1) Goal
To utilize civic land uses to lead and guide other development.
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trafegies
a) Locate civic facilities along major corridors to prevent strip commercial
development.
b) Implement the parks and recreation master plan to provide a system of
parks and greenways.
F. SPECIAL DISTRICTS
Use of small area plans will be used to develop distinctive and specific plans for special districts
or areas of the city that require specific treatment because of that areas uniqueness or specific
issues should be used. f
Within the planning area, several special districts warrant special attention because of their
unique character, special role in the land use patterns or unique opportunities for the
community. They Include:
• The Downtown University Core District
The Ray Roberts Lake District
The Denton Municipal Airport Area
The undeveloped 100-year floodpla ins
These special districts help knit the components of the community Into a place that has unique
identity and special character. They are important destinations for living, working, shopping,
and playing, and become focal points of the city. These districts represent the opportunity and
potential to achieve the cohesiveness of a cir,' rather than a .tAection of individual
neighborhoods and subdivisions,
1. The Downtown University Core District
Residents will continue to view the downtown university core as a unique and dominant area
in the heart of the city that merits special planning attention. A comprehel live downtown
revitalization program, based on the strategies of the Texas Main Street program, should be
implemented to maintain the momentum created by recent successes and improvements. It
is important to encourage the broadest mix of activities and greatest intensity of
development within the entire downtown university core, To promote the continued vitality
of the downtown area, particular attention should focus on the retail core, including
encouragement of hospitality uses.
Demon's image is strongly influenced by its universities, and efforts should be made to f
enhance their appearance and connectivity to the community whenever possible. The city
should strive to encourage more community interaction with the universities by linking
physical access between university and public property. In support of a Vision for Denton A
2001 proposal, the City of Denton allocated funds to begin the connectivity process. Street and landscape improvements are being designed to Improve downtown and begin the
creation of an 'arts corridor" linking the Visual Arts Center with the courthouse square.
The uniqueness of the downtown university core drives special needs for the area. Further
study should investigate zoning, parking, specal mixed-uses, density, and the creation of
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tax increment financing or other special improvement wriefs. Consideration o a historic
district for downtown and conservation districts In such areas as Congress and ElnvLocust
should be investigated. Small area plans should be used to delineate special needs areas
within the district.
2. 1 he Ray Roberts Lake District
Perhaps the greatest environmental, economic, and recreation asset of the City of Denton,
as well as North Central Texas, is Ray Roberts Lake. The less obvious but nonetheless
primary purpose of the reservoir, however, is its use as a crucial raw water supply for the
c;ties of Dallas and Denton. B?lancing Ihe,,e competing Interests - recreation/development
uses and environmental concerns, especially water quality issues - is a primary concern for
the city. Because of the many unique aspects and opportunities this reservoir offers, the city
considers it a special district within the comprehensive plan.
i
Located twelve miles north of the city and forty-five miles from the heart of the Metroplex,
Ray Roberts Lake not only supplies Denton and Dallas with a significant raw water source,
but also offers an o~ itdoor recreation experience rarely found so close to a large urban area.
The dam that creates the lake is on the Elm Fork of the Trinity River, thirty miles upstream
from the Lake Lewisville dam. The Elm Fork watershed above the lake has a total drainage
are of 692 square miles, The conservation pool is 29,350 acres at an elevation of 632.5
feet. In addition to a large water surfaco area, 19,216 acres of recreation and wildlife
management area are associated with the lake. The authorized purposes of the lake are
v,ater supply for Dallas and Denton, recreation (specifically parks, boat ramps, camping
sli9s, and trails), and fish and wildlife conservation and enhancement.
3. The Dentor, Munlclpal Airport
The economy plays a major role in the health and vitality of the aviation industry and Is
reflected in the arremrit of hangar and business development at municipal airports
throughout the natu . Aviation development at the Denton Municipal Airport was nearly
nonexistent during the i 180s - a low point in the na ~ln!j s aviation economy. However, the
city has witnessed a significant Increase in airport development In the last three years. It Is
important that expansion and capital Improvements continue to be coordinated with the
Federal Aviation Administration and Texas Department of Transportation Aviation Division,
and the existing partnership must be nurtured In order to ensure adequate facilities for future
growth.
It will be necessary to take a close look at unique development opportunities for the Denton
Municipal Airport in its relation to the growth of the City and the industrial base nearby. The
small area plan process should also be implemented at the Airport In order to provide
appropriated regulations where special circumstances warrant variation from or
supplementation of standard zoning and building provisions (e.g , landscape ordinance, zero
lot lines, fire, and building codes).
4. The Undeveloped Floodplalns of the Area A
Among the most dominant physical features of the planning area are the floodplain areas of
Clear Creek, Cooper Creek, Pecan Creek and Hickory Creek. Within the planning area,
these floodplains enrAmpass 65 square miles, or nearly a fourth of the entire land area.
Only about 5 percent of the Foodplaln area within the planning area have been reclaimed by
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development about 95 percent o the floodplain area remains In undeveloped, natural
condition.
The undeveloped floolplaln areas represent a unique opportunity to preserva an important
natural feature of the community while meeting significant con rnunity goals.
Preservation of Aoodplain offers these benefits:
• Prevents development In the floodplaln subject to flooding
• Protects adjoining and downstream property from impacts of eroding
• Conserves natural habitat for wildlife
• Maintains the quality of the city's water supply
• Provides vital open space for recreation opportunities
• Provides important corridors for pedestrian and bicycle trails linking
neighborhoods together
9 Enhances values of adjoining property
e Creates a'green" Identity for Denton
Regulations that preserve to the maximum extent possible these floodplaln areas In their natural
condition should be developed and Implemented through the zoning and land development
codes of the city,
NOTE: REVISED LAND USE PLAN LOCATED TO THE REAR OF THIS DOCUMENT,
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Introduction
Housing is the predominant land use In Denton. Housing and residential land use is one of the
most important factors considered in the Comprehensive Plan. Housing is important, not only In
its own right, but also because it strongly influences the size of the population and its balance of
demographic factors, such as household size, age, and Income.
Housing has different meanings to different people. Some people envision a farm with acreage,
while ethers think of an apartment on the Square. }come ownership continues to be an
important element of the American Dream. Housing construction and land costs have made this
goal of many households much more difficult to achieve, and growth Intensifies the competition
and demand for existing homes. Homes that are similar to each other tend to be concentrated
in one area, a phenomenon that creates neighborhoods based on Income. Development and
lending practices are market-driven, and construction that is affordable for low- and rnoderate-
income households Is becoming more and more rare. Because of their potentially greater
impact on infrastructure, higher density apartments and manufactured housing should be
located with great care.
Neighborhoods can be defined in many ways, but for the purposes of the comprehensive plan,
they are viewed as clusters of residential development that share a variety of functional and
social ties. Neighborhoods form the background of Denton's citizenry; these areas are where
people live. Neighborhoods are expected to be safe and secure, places of quality where
families thrive and children go to school and play.
Neighborhoods face challenges as well. Low-Income and minority neighborhoods need
revitalization assistance. Other neighborhoods feel overwhelmed by traffic congestion and
development that outstrips the city's ability to provide schools and other services. An increasing
body of knowledge indicates that large-lot, single-use neighborhood subdivisions contribute to
urban sprawl, causing city infrastructure systems to be stressed and inefficient. When services
are inefficlently provided, lax dollars are not spent wisely. A recent series of national debates
has also focused on the relationship between neighborhood design and quality of life. Current
zoning trends tend to separate land uses from each other, increasing the need to travel and
promoting social Isolation for the less mobile members of the community, primarily the young,
the elderly, and the disabled. These subdivislon practices have been found to contribute to
greatly increased vehicle use, vehicle speeds, and thoroughfare traffic congestion. These
issues must be understood as Denton's future Is planned,
Housing and residential land use Issues Include the fotlowing:
• Neighborhood protection
Housing density
Walkable neighborhoods and convenient neighborhood services
• Housing affordability 1
• Housing accessibility
Sprawl and inefficient provision of urban services
• Manufactured housIng siting
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Polkles
The city adopted the following housing-related policles In 1998:
A. HOUSING POLICIES
1, Alternative types of housing that respond to the differing economic and Individual life-
styles of Donlon's citizens that should be developed In all areas of the city to achieve
balence and diversity.
2. Homes that vary in lot size, building size, and cost may be permitted In new
developmenL i
3. Existing housing stock, particularly for afforda: le housing, should be protected and
preserved to avoid the loss of dwelling units that are unlikely to be replaced.
4, Incentives should be Investigated to encourage Infill housing construction, especially In
conjunction with neighborhood revitalization plans.
5. Design and construction quality expectations should not be relaxed In order to °at
affordable housing objectives.
6. City review and inspection fees should be reviewed to determine if changes could be
made to ease affordable home construction costs. Such a program should be undertakon
only if benerits are passed on to low- and moderate-income homebuyers,
7. The need to provide enough land to meet housing demand should be balanced by the
desire to maintain compact urban patterns.
8. Thu range of housing types available for the specialized needs of the elderly, disabled,
low-income, students, single-person, or female-headed households should be
acknowledged as part of a strategy to diversity the city's neighborhoods.
9. Areas where higher housing densities are allowed should be supported by the availability
of employment, commercial services, public utilities and facilities, and transit, pedestrian,
and bicycle systems.
B. NEIGHBORHOOD POLICIES k
1, All neighborhoods shall be served by adequate Infrastructure and shall have adequate
access to public and community facilities.
2. Land use policies that encourage a mix of uses should be investigated to offer a range of
benefits to residents and the entire city. Standards could ensure well-designed mixed-use
projects for undeveloped property, including the mitigation of any potential adverse Impacts ! / ' \
on existing neighborhoods.
3, Existing neighborhoods should be protected and preserved.
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4. Bicycle and pedestrian traffic within and between neighborhoods should be encouraged
to promote public safety and reduce vehicle use.
5. Discussions should be Initiated to determine how neighborhoods can be designed to
promote social contact and civic responsibility. The mobility-impaired citizens of the city,
Including the elderly, young and disabled, should be provided affordable and timely access
to stores, libraries, parks, amusements, and other facilities that promote social well-being,
6. A forum should be developed to address neighborhood quality-of-life Issues, avoid
competition for resources among neighborhoods, and ensure that the larger community
interests are not sacrificed for the interests of a single neighborhood. The City of Denton
will designate a "single point of contact" staff liaison to provide information and support to
neighborhood groups.
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Existing Situation
Denton's single-family homes come in many styles, sizes, and ages. In the much-admired,
historic core of the community, older bungalows and clapboard sided mansions exist side-by-
side. Many dwellings in the older part of Denton would today be classified as accessory
dwellings: dwellings such as an apartment above a garage or at the rear of a home that Is
secondary to the primary residence on the property.
The University of North Texas and Texas Woman's University play a significant role In the
demand for housing In the city, Because of a relatively young, transient, and very mobile
university-related population, Denton has a greater percentage of multifamily dwelling units that
any other community In the Dallas Fort Worth melroplex. There is a wide variety of rental
multifamily housing types, ranging from duplexes to large apartment complexes that offer many
amenities, such as clubhouses, pools, and security.
Denton's existing housing situettoo is strongly influenced by the same regional forces that affect
the local economy. Denton is primarily a free-standing community with a balance of work, live,
play and learn opportunities, yet Is linked to the DFW melroplex and to the surrounding rural
countryside. A significant number of people who work in other places within the Dallas-Fort
Worth area choose to make Denton their home, while a large number of those who work In
Denton choose to live in outlying communities or rural areas. Recent estimates Indicate that on
any given day an equal number of commuters leave Denton and come to Denton for work
opportunities
The trend In newer residential development has been toward subdivislons and neighborhoods
that have similar characteristics.
The nearly equal mix of single- and multifamily housing In Denton produces household
characteristics that are very unusual. Denton has an unusually large number of households that A
have only one or two people, resulting In an average household size of 2.3 persons per i
household which is about 20 percent less than the average elsewhere In the region.
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Table 4.1
Denton Planning Area and Denton Urbanizing Area
Estimates of Population and Required Housing Units
1999.2020
Denton Denton
Planning Urbanizing
Area Area
1999 Population Estimate 87,930 80 220
1999 Area (Square Miles 275 71
1999 Population per Square Mile 320 1,130
2020 Population Estimate 215,110 183,950
2020 Area (Square Miles 275 101.3
2020 Population per Square Mile 782 1,812
Change In Population _ 127,180 108,290
Percent Change 1998-2020 145% 144%
Change In Single-Family Population 94,100 75,210
Change in Multi-Family Population 33,080 33,080
Required Single-Family Units 33,600 65% 26,860 59%
Required Multi-Family Units 18,400 35% 18,400 41%
Source City of Denton, REI Populalion Forecast, 1999
IV _
Issues
~ I
A. ROLE OF MANUFACTURED HOUSING
The role of manufactured housing in the community must be resolved. For some time city
leaders have struggled with this issue. The character of manufactured housing has been
perceived as having a negative impact on the property value of nearby single-family homes.
Current zoning in Denton allows manufactured housing in parks on less land per unit than
conventional single-family housing, This Is possible with an approved specific use permit within
the agricultural, commercial, light industrial and mullifamily-two zoning districts. Manufactured
housing offers to low- and moderate-Income households an alternative to rental apartments.
Strict design and compatibility standards must be maintained for manufactured housing.
S. DOWNTOWN UNIVERSITY CORE HOUSING
The historic downtown area of Denton offers unique opportunities for housing a growing
segment of the community: small, nonfamity households for those who want to live near where
they work, play, or go to school. The area generally bounded by Carroll Boulevard, Eagle Drive,
Bell Avenue. and Congress Street has several stable and affordable single-family
neighborhoods that need to be preserved.
Throughout the United States, downtown housing Is booming. Cities are reversing a long, „
steady decline in the number of housing units In their core areas, In Denton, this phenomenon l
is occurring at a very small scale. Housing units are being created above stores a few units at a
time. The Pecan Place senior housing project Is the largest recent downtown housing project.
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High-density, urban-style housing should be en(mraged in the downtown area through mixed-
use types of projects. The city can do this by:
• Offering convenient transit service connecting to universities, job centers, and
shopping areas
• Providing streets with safe, pleasant pedestrian connections from downtown to both
universities
• Keeping major city institutions such as Lie library, city halls, and police departments
in the downtown area
Collectively, the University of North Texas and Texas Woman's University had a 1998
enrollment of about 34,000 students. It is estimated that less than half the enrolled students live
In the city. If more students lived on the campuses or adjacent to the campuses, many positive
Impacts on the community would be created:
• Opportunities for transit, bicycle and pedestrian travel between home, work, play,
and school would be greatly enhanced;
• Pressure on parking in and around the campuses would be greatly reduced;
• Pressure on the roads of the city and the surrounding area would be greatly reduced;
and,
• More disposable Income would be captured in the city.
University students live in unique households with unique transportation demands. The
demographics of university-oriented households tend to be either small households or larger
households made up of several unrelated individuals. Asa result, many of these households {
could be accommodated with relatively high density In proximity to the two campuses. The area
along the 1.35E corridor between Carroll Boulevard and Avenue 0, northward to Mulberry Is an
ideal location for university-oriented, high-density housing.
C, VARIETY OF HOUSING IN NEW NEIGHBORHOODS
One of the adopted policies related to housing Is to enccuroge a variety of housing types, styles,
sizes, and prices within the same neighborhood. Neighborhood stability could be enhanced by
allowing households to stay within the same neighborhood as households and housing needs
change. A newly-wed couple does not need the same size house as a two-parent, huo-child
family, or an empty-nester household or a widowed grandparent. The current zoning oraritance
and prevailing development patterns often cause families to move from one neighborhood to
another as their housing needs change.
Traditional neighborhood mixed-use development encourages a variety of housing types within
a new development. Types of housing that may be consider3d In traditional neighborhood or
mixed-use neighborhood development Include:
• Standard lot single-family detached dwellings
• Small lot single-family detached dwellings '
• Accessory dwelling units f ;
• Two-family dwellings
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• Single-family attached dwellings
• Mixed-use dwelling units
• Small multifamily dwellings
D. ATTAINABLE HOUSING
Housing in Denton must be attainable to those who work or attend school in Denton and want to
live in Denton. Attainable housing is housing that is available, accessible, and affordable.
1. Availability
The demand for housing in Denton is currently very high relative to its supply. This is true for
university student housing, new types of housing for changing household characteristics,
and conventional single-family housing.
2, Accessibility
Housing In Denton is becoming more and more Inaccessible to most of the city's residents.
New subdivisions offer a common lot size, developed with houses that are like all the others,
accessible only to a narrow range of residents. In addition, new single-family housing
development Is often Isolated from fobs, shopping, schools and other places that people
need to visit daily.
3. Affordability
Housing demanJ has led to rapidly Increasing housing prices. This pressure tends to
produce new housing only at the upper end of the housing cost spectrum. For most
members of the community, living In new housing Is less and less likely. A full range of
housing should be available in Denton so that all members of the community that want to
can live here. This housing should be accessible to work, play, education, and shopping.
V,
Goals 6 Strategies
A. ENCOURAGE AFFORDABLE HOUSING
1. Goal
The overall goal of the housing component of the comprehensive plan is to encourage the
development and preservation of affordable housing for low- and moderate-income
households. Housing must be made available and affordable for those who work In the city.
Work with agencies to increase owner-occupied affordable housing.
2. Strategies
a. Add housing units at the same rate of growth as that of job growth. J
i A
b. Half the new housing units should be affordable (no more than 30 percent of
household Income should be allocated for housing costs) for households with less
than the median household Income In the city.
c. At least sixty percent of new housing should be owner-occupied.
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B. CONSERVE EXISTING HOUSING STOCK
1. Goal
One of the best ways to assure that some affordable housing remains available for those
with low and moderate Incomes Is to maintain the existing housing stock In good condition.
As new housing Is created, households move-up, leavi;ig behind an existing housing unit
that is usually available at less cost than new housing.
2. Strategies
a. Allocate more than 50 percent of Community Development Block Grant (COBG)
funds annually to housing assistance programs for low- and moderate-income
households.
b, Match CDBG funds with general funds on a donor-for-dollar basis.
C. ENCOURAGE ATTAINABII-fTY
1. Goal
Attainability Is the confluence of availability, accessibility, and affordability. The housing
needs of the existing and projected population must be met.
2. Strategies
a. Use Incentives, bonuses, and public-private partnerships to develop housing for
low- and moderate-Income households In areas accessible to jobs, education, and
civic facilities.
b. Structure an impact fee for new development to discoumge sprawl and the long I
extension of utilities. Encourage the development of affordable housing where
infrastructure capacity already exists. ,
c. Revise the development codes to allow residential and nonresidential land uses
within the same zoning districts.
d. Use Incentives such as residential density bonuses and allow accessory dwelling
units where appropriate.
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Revised Section 5 Economic
Divlersiiication
In the broadest sense, economic development refers to the changes in an economy ewer time
that occurs because of the formation of population centers such as towns and cities. Economic
development usually has a connotation of growth. Economies develop due to simultaneous
interactions among Increasing population, increasing numbers of employers and workers, and
increasing numbers of businesses that provide goods and services for local consumption as
well as for export.
Economic diversification refers to a more directed type of economic development resulting in a I
more stable and resilient economy, which provides high-quality jobs in businesses acceptable to i
Denton. Diverse and developed economies are characterized by many different types of
industries intedinked by mutual suppliers and consumers. These economies often export goods
and services to other population centers. Such an economy will be more resilient, stable, and
self-sufficient, thus being less vulnerable to the national and regional economic fluctuations
caused by federal and state policies over which local governments have little control.
A healthy economy Is important to all city functions. Major Issues that must be addressed
include job creation, business recruitment, business expansion, and small business formation.
A number of elements merit consideration, including job quality, environmental Impacts, public
resource demands, quality of the location (inside or outside of the city), and quality-of-life
prospects. All are important In determining strengths and weaknesses of a healthy business
climate.
i,
Policies
A. The City should encourage a strong, diversified, and self-sustaining economy, creating a
wide range of employment opportunities, enhancing local ownership opportunities, and
expanding the tax base of the city.
8. Local business ownership and small business creation should be considered high economic
diversification priorities.
C. Development incentives should be considered to encourage Industries and businesses to
expand or relocate within the city, A costibenefit analysis should be performed to define and
measure short-and long-term benefits prior to granting Incentives. Incentives should be
considered only when proposed development is consistent with community plans. Projects
involving retention or expansion of existing businesses should be given the highest priority,
D. Development incentives may vary by size and type of establishment and by initial and
potential capacity as a generator of employment and other economic gains. Priority may be
given to basic Industries that are clean and that will make a significant contribution to j
Denton's employment or its tax base. 1
E. Consideration of site planning, urban design, or neighborhood compatibility objectives will
be included in the eligibility requirements for business retention, expansion, or recruitment
incentives.
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Revised Section 5 Economic
DiVewiff 81 - don
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Goafs and Strategies
A. EMPLOY11i OPPORTUNITY
1, Goal
The city should encourage a strong, diversified, and self-sustaining economy, creating a
wide range of employment opportunities, enhancing local ownership opportunities, and
expanding the tax base.
I
2. Strategies
a. Sustain and support business development activities to retain, expand, and recruit
businesses.
b. Encourage Investment In the development, redevelopment, rehabilitation, and j
adaptive reuse of land and buildings for employment opportunities, 1
c. Support community-based economic development Initiatives consistent with this
comprehensive plan and compatible with neighborhood livability. III
d. Promote and enhance the special character and identify of designated commercial t
areas.
e. Promote a business environment within designated industrial areas that Is conducive
to the formation, retention, and expansion of industrial businesses.
f. Promote a variety of efficient, safe, and attractive industrial and mixed employment
areas In Denton.
B. LOCAL AND SMALL BUSINESSES
1. Goal
Local business ownership and small business creation should be considered high economic
diversification priorities.
2. Strategies
a. Foster a positive entrepreneurial environment for business Incubation and small
business growth,
b. Encourage development of university-related efforts Into Independent entrepreneurial
spin-off businesses. A r ,
c. Seek ways to assist clusters of related businesses to oollaborale more closely with
one another and to market themselves as magnets for capital, research talent and high-
skill manufacturing jobs,
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Divier'sHiication
d. Support the retention of existing business and major Institution base,
e. Support DAnlon's artists, art organizations, and Institutions because of their
significant c butions to the city's healthy business climate, their role in creating a
cultural emironmenl that attracts high-wage employers to the region, and the substantial {
benefits they provide to residents.
f. Promote close working relationships between 8nanoal Institutions and the business
community. Where appropriate, promote the development of new initiatives and
innovative programs (e.g. Denton Community Development Corporation, loan packaging
for SBA, loan guaranties, Industrial Development Bonds) to lower the cost of borrowing
or to assist small business growth through increased access to capital.
g. Where appropriate, support efforts to assist small business through technical
assistance for business start-up and expansion.
h. Seek ways to improve the environment for small buslnesse:: to thrive in Denton
where consistent with the goals and policies of the plan.
C. WORKFORCE
1. Goat
To ensure a skilled, diversified workforce for existing and future employers, the city will
encourage employers, employee organizations, and education and training institutions and
agencies to provide training and retraining opportunities to Denton citizens.
2. Strategies
a. Facilitate the creation of coalitions of business with the University of North Texas,
Texas Woman's University, North Central Texas College, and local school districts to
develop competency-based education and training programs for Denton community
members that are targeted to the needs of business. This may include vocational
training programs, r,1pronticeship programs, entrepreneurial skills training, customized
on-site training, and technical and vocational preparatory programs at the high school
level.
b. Encourage increased linkages between community job access and information
systems and training programs.
c. Increase access to literacy development and English-as-Seoond Language (ESL)
programs to help overcome literacy and language barriers to employability.
d. Work closely with school districts to Idc ,tify and achieve basic competencies needed %
by young people who enter the workforce upon graduation.
e. Offer apprenticeshtp and other workplace learning opportunities with the City of
Denton and Denton Industries,
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revised Section 5 Economic
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0. p~VELGPMENT INCENTIVES
1, Goal
Development incentives should be corsidered to encourage Industries and businesses to
expand or locate within the city.
2. Strategies
a, Site planning, urban design, and neighborhood compatibility obsctives will be f
included In the eligibility requirements for business retention, expansion, cr recruitment
incentives. Incentives should be considered only when proposed development Is
consistent with community plans. Development Incentives should focus on businesses
that.
6 Provide higher-than-average wage levels;
• Bring new capital Into the economy;
• Have good future growth prospects; I
Involve a cluster of businesses engaging In similar activities; f
• Use quality envirormeoAl practices;
o Diversify the economic base; and,
• Keep tholr workforce In Denton.
b. Incentive agrw.,ments will require businesses to meet specific thresholds or
performance standards In order to receive benefits (e.g., capital investment,
employment and payroll).
E. INDUSTRY RECRUITMENT
To diversify the existing tax base, econorn o development programs will focus Industry
recruitment and marketing efforts on businesses that are compatible with ";tecommunity,
workforce, and economic development goals.
1. Goal
Recruitment activities should be defined in a targeted marketing plan. Strategies should
focus on Identified markets. As conditions witnin the community change, target markets
should be reassessed.
2. Strategies
a. Identify existing and prospective Industry workforce needs and enlist the resources of the
University of North Texas (UNT), Texas Woman's University (TWU), North Central Texas
College (NCTC), and the local school districts to develop customized training programs as
part of a marketing strategy. A
b. Target those industries that require an educated workforce, Match existing degree
programs at UNT, TWU, and NCTC to businesses that require a significant workforce In
these fields. {
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c. Foster a positive environment for International trade,
d. Recognize and support environmental conservation and enhancement activities fa; their I
contributions to the local economy and quality of life for residents, workers, and ecosystems
of the city.
e. Encourage new commercial businesses to locate In established oommerclaVmlxed use
areas. Where suitable sites In those areas are not available, encourage those businesses
to locate in other designated commercial areas.
f, Encourage development that attracts a diversity of employment opportunities.
g. Promote pub[Idprlvate partnerships for the development of Infrastructure to foster
economic development.
h. Seek ways to assist related technology-oriented businesses to locate In close proximity to
one another and near research institutions. Promote the development of technology by
connecting research institutions, hospitals, and manufacturing companies.
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Revised Section 6 na11SNOt~Or1
As the binding force of the city, Denton prevides and maintains transportation, water,
wastewater, solid waste, stormwater drainage and electrical infrastructure system services. This
section details the policies and the direction In which these vital services will grow through 2020.
Franchise services such as gas, telephone, and cable television will be addressed within the
"Street" section of this document. An approach that coordinates several transportation
alternatives, such as transit, bicycle, and pedestrian systems has been found to cost less, work
better, and Improve the city's appearance. Denton must handle interstate and regional traffic
with Innovative solutions that meet or exceed local needs using appropriate and coordinated
state-of-the-art transportation systems.
1
Polkles
A. Denton shall use access management practices io make the Investment In the roadway
Infrastructure as cost efficient as possible. These practices Include placement of curb cuts,
median opening spacing, and parallel access roads (public and private).
8. Residential streets shall be designed to Include traffic calming practices that promote the
use of collertors and arterials for trips that are not locally oriented,
C. The transportation network shall be designed to optimize emergency routes for police and
fire operations and to promote efficient delivery of services such as mail and solid waste.
D. The city should plan, design, and build a network of freeways, arterials (major and
secondary), and collectors that provide acceptable levels of service while complementing
the land-use decisions in the comprehensive plan. The Denton transportation system must
be compatible with regional plans including the Mobility 2020 Plan, the Regional
Thoroughfare Plan (NCTCOG), and the Denton County Thoroughfare Plan
E The city shall use the thoroughfare plan to plan and design transportation improvements,
program capital Improvement plan projects, and guide development review decisions. Many
of the arterials In Denton are state roadways, so cooperation with the Texas Department of
Transportation (TXDOT) Is essential to the construction and operation of the city's
transportation system,
F. All freeways shall be designed with limited access that Includes frontage or parallei access
roads. Loop 288 between US 380 and iH 35 East shall be upgraded in this way to the extent
possible,
G. Major arterials are Intended to carry traffic across town and between major intensity centers.
These facilities shall be divided by landscaped medians. Minor arterials should be at least
four lanes, with left-turn lanes provided at all major Intersections. Collectors shall have at
least one full lane In each direction to carry traffic to the arterial system.
H. A transportation lobbying campaign should be conducted to ensure participation In federal,
state, and regional infrastructure funding decisions. Local funding participation in priority
projects should be considered for Inclusion in the city's Capital Improvement Program,
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h The public transportation system shall provide services to all citizens at a reasonable cost,
using routes that maximize service delivery and that meet the needs of the mobility
Impaired, the system shall be compatible with eventual connection to regional systems
such as Dart, the "T', DFW Airport, and other future systems.
J. The Denton trails plan should be adopted and the network of sidewalks, bike trails, and
greenbelt paths should be Included In the CIP for funding. Developers shall aid this network
by dedicating rights-of-way and constructing portions of the network across their properties.
Linkages to daily destinations that serve dally needs should be emphasized to reduce use of
automobiles,
K. The Denton Airport shall be a key component In the multi-modal transportation system.
Denton Municipal Airport Is effectively located to optimize the movement of goods and
services throughout the Metroplex.
i
L. The City will promote the use of roadways parallel to and outside the limits of the 100-year
fioodplalns to provide a natural riparian environment by establishing green space between
the road and the noodplain. Green space is required even If the channels are Improved so
that the limits of the parallel roadways may be dedicated to the City to serve as open space,
limit flood exposure, and facilitate channel maintenance.
1l. _
Goals and Strategies
A. ENVIRONMENTAL STEWARDS IP
Increased trips by motor vehicles, Increased travel time, congestion, and longer trips all
contribute to deteriorating environmental quality. Policies in other parts of the plan
(Environmental Management and Growth Management Strategy) and elsewhere In the
IransportaGan element are key to reducing transportation-related environmental impacts. These
reduce single-occupant vehicle (SOV) use, support transit, and encourage walking and
bicycling In addition, the strategies below address specific air, water, and noise environmental
Impacts. k
1, Goal
Reduce and mitigate air, water, and noise pollution from motor vehicles. Promote energy-
efficient transportation.
2. Strategies
a. Identify, evaluate, and fully consider environmental Impacts of transportation
Investments and operating decisions.
b. Pursue transportation projects, programs, and Investment strategies consistent with k
noise reduction, air quality, and water quality objectives. r
a Encourage travel demand management (TDM) Initiatives Including but not limited to
park-and-ride sites, adjustments to work schedules, ride-sharing initiatives, and
Improved blcyclelpedestrian facilities.
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Revised Section 6 Transportation
d. Continue air-quality mitigation procedures as recommended by the North Central
Texas Council of Governments (NCTCOG).
B. CHANGING AND MANAGING TRAVEL DEMAND AND TRAVEL BEHAVIOR
I
To slow the trend of increasing single-occupant vehicle (SOV) use, the city must provide
alternatives and must change the way people think about and act upon travel choices.
Transportation alternatives to the SOV should respond to people's needs for mobility, privacy,
comfort, safely, and convenience. The city recognizes that transportation needs and travel
choices will change over time as altemalives to SOV travel become more viable,
1. Goals
Meet the current and future mobility needs of residents, businesses, and visitors with a
balanced transportation system. Provide a range of viable transportation alternatives,
including transit, bicycling, and walking. Reduce use of the SOV's over time or maximize
occupants per vehicle. Invest in transit planning and transit systems
2. Strategies
a. Educate the public, especially youth, about the Individual and societal benefits of
alternatives to SOV's. Encourage Incentives and support efforts to Induce future
generations to become regular users of transit and nonmotorized modes of travel.
b. Initiate and support public awareness campaigns, focus attention on the societal
and environmental Impacts and costs of travel choices. Inform people of the range of {
travel choices available. Inform those who now commute by single-occupant vehicle
about the economic, societal, and environmental costs of their choices. Support federal,
state, and other efforts that Increase the single-occupant vehicle driver's share of the
true cost of SOV use.
c. Support and promote commuter trip reduction (CTR) programs, teiecommuUng,
electronic communications, variable work-weeks, and flex-time. Travel demand
management (TDM) strategies to reduce the number and length of SOV trips and
increase transportation efficiency. Develop and Implement a coordinated program of
incentives, alternative travel options, land-use measures, Innovative design, regulations,
services, and marketing strategies. Allow developers to choose among TDM strategies.
Where appropriate, pursue TDM strategies at the regional level. Support Implementation
of advanced transportation and communications technologies, such as Intelligent
vehicle, highway, arterial, and transit systems.
d. Evaluate the success of the city's and the region's land-use strategies, and
transportation systems and programs, in reducing single-occupant vehicle use.
C. t-AND USE d TRANSPORTATION
Land use and transportation are fundamentally Interrelated. That Is why the growth
management strategy focuses development In concentrated rather than linear patterns, directs
transit investments to link pedestrian-oriented activity centers, and provides more opportunities
for walking and bicycling. Low-density development spreads the city over a greater area,
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Revised Section 6 Transpw tatlon
( causing the need to construct more miles o roads. Increased amounts o pavement lead to
higher Initial capital Improvement costs and continuous maintenance costs. Development
patterns with more density together with gridded street networks can allow for transit-orlented
design and a diffusion of traffic along many different routes. However, the city recognizes that
auto access will continue to be a key element In accommodating growth In aC.ivity centers and
neighborhoods.
1, Goal
Ensure that land use and transportation decisions, strategies, and Investments are
coordinated, are complementary, and support the growth management strategy.
2. Strategies
a. Provide transportation facilitie, and services to promote and accommodate growth
and change In activity centers, neighborhoods, and Industrial centers. Seek to provide
transit services and walking and bicycling opportunities so that activity centers and
neighborhoods will minimize single-occupant vehicle travel.
1
b, Promote the use of the thoroughfare master plan and Capital Improvement Program
as tools to achieve desired land-use patterns.
I
c. Build transportation facilities to reflect the character of the surrounding
neighborhood, and be accessible, comfortable, and safe. Make the scale of
transportation facilities consistent with surrounding land uses. (See The Street section)
d, Involve the public in identifying needs fcr transportation facilities, programs, and
services. Encourage and provide extensive public involvement opportunities, both for
city decisions and for those of other agencies. In this process, address the special needs 1
of low-Income people, children and youth, the elderly, people wi h disabilities, 1i
businesses, and residents.
e. Minimize direct vehicular access from developments facing arterial streets,
f. Avoid through-traffic within Industrial and commercial developments to reduce
conflicts between automobiles and commercial vehicles except within the downtown
university core and activity centers.
g. Limit new traffic demands on local streets through residential neighborhoods. Large-
scale multifamily uses generally should not take primary access through a lower-density
residential neighborhood unless it Is by way of a collector or arterial street. Traffic to and
from a commercial land use should not be routed through a residentially zoned area
unless it is by way of an arterial or collector street.
h. Require new subdivisions to be designed so that the Internal local street system
provides access to collector streets. Whenever possible, access to arterial streets Is
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limited to collector and arleHe ` street intersections. 4 ,
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D. USE OF STREETS
The city has a limited amount of street space, and Is unlikely to expand this space significantly.
Thus this space must be carefully allocated among competing uses.
1. Goals
Make the best use of the city's limited street capacity, and seek to balance competing uses.
Ensure adequate capacity on the street system for transit and other Important uses. Support
a shift towards transit, carpools and vanpools, bicycling, and walking. Support efficient
freight and goods movement. Differentiate among the various functions of city streets.
Protect neighborhood streets from through traffic, Design residential streets that will promote
safe driving speeds and turning movements,
2. Strategies
a. Designate principal arlerials, a transit priority network, and major truck routes to
identify the key functions of these streets. Make operating, design, access, and service
changes to enhance the key functions of these streets when congestion significantly
hinders the key functions. Changes to these streets should take Into consideration the
expected type and volume of traffic, safety, accessibility, and for pedestrians walking
along and crossing a street.
b. Designate roadway classifications as shown In the roadway component of the
Denton mobility plan (Figure 6.1).
c. Coordinate with the Texas Department of Transportation and adjacentjurisdiction$ to
discourage diversion of traffic from regional roadways and principal arlerials onto lesser
arterials and local streets.
d. Use neighborhood traffic control devices and strategies to protect local streets from
through baffic, high volumes, high speeds, and pedestrian/vahlcle conflicts. Use these
devices and strategies on collector arterials where they are compatible with the basic
function of collector arterials. Expand the traffic calming polity to accommodate more
variety In street designs and traffic calming techniques. Use traffic calming techniques In
both existing and new nelghborhoods and activity centers.
e. Use an Irter-connected transportation system to Increase traffic flow, reduce traffic
congestion, increase emergency access, and provide Increased transportation system
routes.
E. LEVEL QF SERVICE
1. Goals
Use level -of•service standards to judge the performance of the arterial, collector, and transit
system, Develop and maintain a transportation model for the city, ,
2, Strategies
a. Consider development of an adequate public led lilies ordinance as a fool that would
allow for transportation needs (LOS) to be addressed when land uses are considered for
development.
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{ b, Transportation modeling Is the key component for measuring level of service end
development Impacts, designing future arterials, and providing quantitative
measurements of cause and effects to elected and appointed offldals, citizens, and
regional entities.
c. Arterial Level-of-Service: Define arterial level-of-service (LOS) lobe the volume-to-
capacity ratio (v!c) at designated locations. Measurements will be provided using the
highway capacity manual, Traffic Simulation Programs (Tran-SIMS), and the
TRANPL/W programs. Measure p.m. peak hour directional traffic volumes on the
arterials crossing at each location to calculate the LOS. To judge the performance of the
arterlal system, compare the calculated LOS for each location with the LOS standard for
that location. Develop a LOS map to for locations to be calculated.
d, Transit Level-of-Servloe; Oefine transit level-of-service (LOS) to be the volume-1o-
capacity-ratio (vlc) at designated locations. Measure p.m, peak hour directional traffic
volumes on the arterials crossing each k cation to calculate the LOS, To judge the
performance of the transit system, compare the calculated LOS with the LOS standard
for that location.
e. Complying with Level-of-Servloe Standards: When the calculated LOS approaches
the LOS standard (Level of Service 0), pursue strategies to reduce vehicular travel
demand and/or Increase the operating capacity.
F. P-ARKINQ
Long or short-term parking Is part of every single-occupant vehicle (SOV) trip and Is a key factor
In the choice of mode for a trip. The availability and prlcs of parking influences people's choices f
about where to live, work, shop, and conduct personal business. Parking policies can Influence
SOV use. The challenge Is to provide enough parking to meet mobility and economic needs
while limiting supply to encourage people to use non-auto modes.
1. Goals
Reduce use of cars over time, particularly for commuter trips. Make the best use of the city's
limited street space, seek balance among competing uses, and protect neighborhoods from
overflow parking.
2. Strategies
I
a. Consider establishing maximum parking limits for long and short-term off-street
parking to be provided by new nonresidential development tied to the changing
ava1ability of non-auto modes In a particular area, Review minimum parking
requirements and maximum limits periodically as conditions change, such as land-use
mix, land-use density, and the availability of transit and other non-auto modes.
b. Consider the development and use of off-site and shared partdng for high density A
areas, such as the downtown university core, Fry Street area and the developing activity 1 t
centers. Coordinate parking areas with access to the public transpodallon system.
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c. Balance the removal of long and short-term on-street parking over time with the
availability of non-auto modes and with the availability of off-street parking, In part to
preserve the vitality of oommerclal areas.
d. Allow long-term parking on most collectors and local streets, limited only by safely, j
street design, and property access needs. Use strategies such as parking duration, time-
of-day limits, or restricted parking zones (RPZs), to keep parking in commercial or
activity centers from spilling over onto residential streets.
e. Allow flexibility In meeting long-term parking needs In commercial areas, activity
centers, and neighborhood centers, such as discouraging long-term accessory parking
for singl"ccupant vehicles while allowing principal-use parking.
f, Emphasize short-term parking over long-term parking in commercial areas, both on-
street and off-street,
g. Establish or maintain minimum long-toms andlor short-term off-street parking
requirements for new development for special vehicles and purposes. This could Include
carpools, vanpools, bicycles, zero-emission vehicles, and vehicles for persons with
disabilities,
0. TRANSIT
Provide a special lane or other priority treatment for transit to help people move around the city
and the region The transit system will need to change so It can respond to people's behavior
and travel needs. A major Investment will be needed to provide more innovative transit service,
along with related land-use changes and capital facilities. These policies will guide city decisions
to enhance transit, and guide decisions of other agencies that operate transits to, from, or within
Denton
1. Goal
Provide mobility and access with public transportation for the greatest number of people to
the greatest number of services, jobs, educational opportunities, and other destinations.
2. Strategies
a. Designate the transit priority network. Monitor bus speeds and operations along the
transit priority network and, where needed, pursue measures to Increase bus speeds
and reliability and to plan future rail corridors.
b. Strive to maintain at least the minimum goals for bus speeds and making changes as
warranted to city street design and operations. Focus on designated segments of the
transit priority network, monitoring average p,m. peak period directional bus speed,
excluding dwell time (time stopped for loading/unloading passengers).
c. Work with small area planning to develop specific area transit solutions for high- a
density areas such as the Downtown University Core. Ensure connection of the smaller ( 1
system is Integrated with the city-wide transit system.
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1 d, Work activey toward a ci , r~n~
Circulation (LiNC). This Inelud es twD transit o type system, the Local Inlliative or eighborhood
connecting activity centers, neighborhood cents
servI& s, acnd Industrial) centersf sand 2) ervlce
Intracommunity feeder service connecting homes and businesses with neighborhood
transit facilities. The Wracommunity service may Include small vehicles, flexible routes,
demand-responsve or dial-a-ride service, subsidized taxis, night shuttles, or other types
of service,
e. Work with the transit provider(s) to offer transit service that; E
• Is within 1/4 mile of at least 90 percent of the city's residences and
businesses;
• Connects activity centers and neighborhood centers;
• Is competitive with auto travel;
• Operates rollaby;
• is convenient, safe, secure, and comfortable; and,
• Has affordable fares and an Integrated fare system,
f. Integrate transit stops, stations, and hubs Into existing communities and business
districts to make N easy for people to ride transit and to reach local businesses. Provide
adequate lighting, security, pedestrian amenities, and weather protection. Mini
negative Impacts of transit service and facilities on surrounding areas.
g. Work actively to obtain convenient connections to regional transportation services
such as commuter rail services to Dallas and Fort Worth,
H, PEDESTRIANS AND BIGY l land 1
With ternatves IIo dr vln0 (especially transportation
short trips), contribute walking and tthe lquality andrvital ly of
the street scene, and help achieve environmental goals. Pedestrian and bike improvements to
Intersections, sidewalks, and other facilities can Improve access and safety, and are particularly
important for children, senior citizens, people with disabilities, low to moderate income
residents, and people who choose to use this mode of transportation.
1, Goals
To Increase walking and bicycling. Create desirable, safe, convenient environments that are
conducive to walking and bicycling.
2. Strategies j
a. Create an urban trails system to facilitate walking and bicycling as viable
transportation choices, provide recreational opportunities, and link major parka and open
spaces with Denton neighborhoods.
b, integrate pedestrian and bike facilities, services, and programs Into both city-wide /
and regional transportation systems.
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Revised Section 6 Transportation
c. Provide these features:
E Pedestrian amenities and weather protection;
E Safe and convenient pedestrian and bike access to transit stops, centers, and
stations;
E Adequate lighting, security, and other Improvements for persons with
disabilities and special needs;
e Bike capacity on buses, rail, and other modes; and,
• Covered, secure bike parking at transit centers and stations.
d. Recognize the importEnoe of walking and the contribution It makes to personal
mobility and to the environment, Improve the pedestrian nnvironment throughout the
city.
e, Designate key pedestrian streets within the highest-density portions of activity and
neighborhood centers, Design and operate these streets to be safe and aSlracNe for
pedestrians, improve access to transit, encourage street-level activity, and facilitate
social interaction. Integrate pedestrian facilities into Improvements on these streets.
f. Accelerate the Improvement of pedestrian facilities and develop new ones
throughout the city. Increase pedestrian activity, enhance pedestrian safety, and
promote a pleasant walking environment. Provide recommended school walking routes,
access to transit, access for people with disabilities, and access to and within activity
and neighborhood center environments,
{
g. Maintain direct, continuous bicycle routes, and make all appropriate streets bicycle-
friendly. Accelerate development of bicycle facilities In, around, and between mixed-use
centers, neighborhood centers, and other key locations. Facilitate bicycling, where
appropriate, with separate trails or bicycle lanes.
I. MOVING GOODS AND SERVICES
Commercial transportation mobility anu access are critical to DAnlon's economic development.
1. Goal
Preserve and Improve commercial transportation mobility and access.
2. Strategies
a. Designate major truck routes. Monitor these streets and make operating, design,
access, and/or service changes, as well as capital Investments, to accommodate trucks.
b. Support efficient movement of commercial goods by rail where appropriate. Promote
continued operation of existing rail lines.
c. Coordinate commercial trans x
portation by rail, trucks, and air. Work toward Improved
connections between modes of transportation,
d. Consider the needs for delivery and collection of goods at bL sinesses by truck when !
making street operating decisions, and when developing projecbr and programs for
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Revised Section 6 Transportation
highways, streets, and bridges. Consider at least these features; access to freeways;
street width, turning radii, and overhead clearance; railroad crossings; and traffic
congestion and conflicts with cars, bicycles, and pedestrians,
J. MUNICIPAL AIRPORT
The Denton Municipal Airport is an Important link In Denton's highway, rail, and aviation
transportation systems. The Airport will continuo to meet cu-rent and future aviation growth
trends. This proactive approach will maintain the Airport as an asset to the community and
those conducting business In the region.
1. Goal
Provide aviation facilities that will integrate with the various coordinated transportation
system.
2. Strategies
a. Maintain and Improve airport infrastructure to promote additional development
through high-quality service and to reduce costly reconstruction.
b. Coordinate with the Federal Aviation Administration (FAA) and State Aviation
Division to deiermine likely funding of proposed airport Improvements. Get in queue for
runway extension, air traffic control lower, and terminal expansloNreconstruction.
c. Plan active property acquisition to avoid Inflated real estate costs. Investigate joint
use or low-Impact land usage (open space, nature areas, maintenance depot, etc.).
d. Maintain a development pattern consistent with the airport master plan, Work with
neighboring and affected property owners to ensure Airport Consolidated Land Use
Distrlcls (ACLUD) are effective. Maintain Integrity of Airport Height Hazard District and
ACLUD.
e. Investigate public-private partnership agreements to assist with Infrastructure and
facility development.
f. Establish a formal western entranceway Into the airport when Loop 288 Is completed
to the west side of the airport, Design transportation routes to maximize truck, auto, and
aircraft mobility.
g. Since the airport is located in the industrial centers within population subarea 1, it will
support activities In the movement of goods and services of city businesses.
K. INTELLIGENT TRANSPORTATION SYSTEMS ZITS]
1. Goal r
Develop Intelligent transportation systems for freeway management, incident management,
traffic signal control, electronic toll and transit fare payment, transit management, highway-
rail Intersections, emergency management, and regional transportation systems traveler
information.
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2. Strategy
To Initiate investments that integrates intelligent transportation systems into the
Transportation Infrastructure. These systems reduce Investments to enlarge capacity by
maximizing the existing Infrastructure.
L. TRANSPORTATION FINANCING
1. Goal
To use available financial resources to Implement transportation goats.
2. Strategies
a. Emphasize investments for maintaining existing transportation facilities; safety;
transit priority Improvements; and transportation system facilities and programs to
stimulate a shift towards transit, carpools and vanpools, bicycling, and walking; freight
and goods movement; supporting the growth management strategy; and complying with
level-of-service standards.
b. Identify funding sources and strategies, Including the following:
t Contributions from those that benefit from an Investment, such as property
owners nearby an Investment;
• Grants from local, regional, state, and federal funding sources;
t Conlributons from the region for Investments that serve regional destinations
and investments In regionally-designated activity centers;
a Growth-related revenues where consistent with economic development
policies; and,
t New locally-generated revenues for expanded local transit services.
c. Maintain sufficient flexibility so the city can take advantage of new funding
opportunities and maximize competitiveness for funding.
d. Require new developments to provia'e or share the cost of transportation
Improvements including pavement, traffic control, parking, public transit, and bicycle and
pedestrian facilities.
e, Consider operating and maintenance costs associated with Improvements when
making transportation capital investment decisions.
f. Coordinate debt-financing strategies with other Jurisdictions In the region.
g, Use any funds or grants for transportation Improvements as they become available.
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Revised Section 7 Water Services
Across Texas, establishing new water supplies is becomi
ng increasingly difficult. The city's first
priority is to ensure that Its citizens-customers have a sufficient source of raw water. Through
existing and future surface water rights, contracts with other entities, and careful oonsc Yation,
the city can provide sufficient water to meet Denton's population projections through UK- ! ear
2015, New sources will have to be established, either through contracts or Construction, to
meet the projected long-term demand.
Policies
A. The city will develop and operate a water Infrastructure system that Is safe, reliable, cost-
effective, environmentally sensitive, and sufficient to meet future demands In cooperation
with other entitles.
8. Developments will be constructed and property owners will maintain their properties and
private Infrastructure so they do not compromise public health, endanger public drinking
supplies, or pollute the environment,
C. Water facilities should be located In areas that meet engineering criteria and are compatible
with adjacent properties to the greatest extent possible.
D. Generally, Infrastructure extensions to residential and commercial development will be the
responsibility and expense of the developer. The city will follow development as determined
by the private sector or as directed by the governing body by oversiztng lines and upgrading
trunk system. The city may also extend Infrastructure to certain areas targeted for growth in
the growth management plan, The city may participate In the cost of oversizing water lines
to meet future development.
E. Promote Infill Infrastructure Improvements over new line extensions that expand the
geographic coverage of the city's Infrastructure systems.
F. Use phase 11 impact fees to fund additional Infrastructure to accommodate system
growth and help manage utility rates.
0, Use adequate public facilities criteria or other tools to Influence compact versus satellite
growth policies.
11.
Goals and Strategies
A. GOALS
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Develop long-term water supply contracts to ensure an adequate water supply. Expand water
treatment capabilities and prcvlde additionat overhead storage to meet anticipated Increase In
demand. Design the water distribution system to provide flexibility In the refilling of tanks,
providing sufficient water to rrwtet average-day, peak-day, and peak-hour demand conditions as
well as emergency fire conditions. Construct Improvemen's to the lransmisslon and distribution
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Revised Section 7 Water Services
systems to accommodate population growth demands. Maximize raw water supplies and
increase wastewater reuse to extend existing water supplies.
B. STRATEGIES
1. Renew the city's untreated water supply contract with the City of Dallas. Based upon
recent population projectors, Denton may need to purchase additional water supplies from
the City of Dallas beginning In 2012 through 2015. The most significant Issue to be
renegotiated is the renewaVexpiration terms. Denton has historically been an untreated
water supply customer of the City of Dallas and wants to reaffirm this relationship and
commitment for a long-term water supply.
2. Follow the provisions of SB1, passed by the Texas Legislature in 1997, as a
comprehensive approach to water planning. Among other Issues, SB1 provided a framework
for the state to develop a state-wide drought contingency plan that Incorporates water
planning through the year 2050. Denton County falls Into Region C, along with 14 other
counties, Because growth within Reglon C will demand more water supply than the region
can provide, negotiations for possible future inlerbasin transfers from Region D are
beginning.
3. Build an additional water treatment plant to Improve the city's ability to manage
nonessential water demands during periods of supply shortages, equipment failures or
related emergencies. Build the plant at the lake Ray Roberts site, beginning with 10 MOD
(million gallons per day). Phase the plant in with 10 MOD Increments, beginning Initial
operation In the spring of 2003. The plant will need to be expanded from 1010 20 MOD by
the year 2007 to keep pace with the current population projections.
4. Build additional elevated storage over the next 20 years to accommodate future water
needs. The locations should Include an additional 1 MO storage lank in the upper plane
area for the northwest, a 1 MG elevated tank for the upper piano area for the southwest, an
additional 1 MO elevated tank In the lower plane and two, 2 MO tanks In the middle plane
area. Phase the existing Peach Street tank out of service because of age, location, and
limited capacity. Convert the McKenna Park standplpe to serve a ground storage role for the
upper pressure plane. Regain credit fo o existing elevated storage by modifying the
boundaries of the upper plane in a manne• 1, satisfies regulatory criteria for elevated
storage.
5. Construct two new booster pump stations (the Hardee Field booster pump station and the
high school booster pump station) and increase ground storage capacity to 12 MO.
6. Build a new Hartlee Field Road booster pump station on the north side of Hartlee Field
Road and east of FM 428 to serve both the middle and lower planes. This facility will provide
for needed expansion of ground storage and high service pumping for the lower pressure
plane on the east side of Denton as well as for the upper pressure plane on the northwest
side of the city. i
7. Construction of a high school booster pump station will help supply the upper plane area. t 1
8. Build three million gallons of additional ground storage for the Initial phase of the Hardee
Field ground storage and booster pump station facility. This will serve as a rcmole ground
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ReAsed Section 7 Wafter Services
storage and high servlce pump station for the new water treatment pliant of lake Ray
Roberts. A total capacity of 12 MO of ground storage Is ultimately planned at this location. '
3. As Denton grows, the Infrastructure rnust be upgraded to provioo A- t%e following:
• Transportation of treated water from the plant and storage facilitles through
the existing system Into newly developed areas; and,
• Proper balancing of new elevated storage tanks to the existing elevated
storage tanks and allow for adequate refill rates.
10. Develop a water conservation and drought contingency plan to help reduce per capita
water use during peak summer months. The conservation plan should strongly encourage
the use of drought lolerantinatlve species for landscaping, reduction In lawn grasses, low
water-use plumbing fixtures, Increase public awareness through public education, and
conduct internal and external audits.
11. The city currently operates a wastewater reuse program for supplying treated
wastewater efRuent for cooling tower use at the Spencer Power Plant. This program should
be expanded to serve other customers. The expansion of this system would extend the
existing capacity of the water supply, treatment, and transmission systems and lower
operating costs for high-volume water users.
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Revised Section 8 Wastewater Services
For wastewater services, the city's purpose Is to provide effective collection, transmission, and
treatment of wastewater generated In Denton with minimal Impact to the environment. Though
simplistic by description, this mission Is challenging In the face of a rapidly growing population
and In the midst of an ever-Increasing body of environmental regulations.
To meet these challenges, the city recognizes the need to modernize and expand the
wastewater treatment plant, Increase the btosolids management (compo.ting) program,
enhance the industrial pretreatment and stormwater program, expand the laboratory facilities
and services, and intensify efforts to upgrade and maintain lines and lift stations, In an effort to
maximize existing water supplies for a growing population, the current beneficial use of
wastewater effluent must also be expanded.
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Polkles
A. Developments will be constructed and property owners will maintain their properties and
private Infrastructure in such a manner that will not compromise public health, endanger the
public drinking supplies, or pollute the environment.
B. Wastewater facilities will be located in areas that meet engineering criteria and are
compatible with adjacent properties to the greatest extent possible,
C. Oversee the development and operation of wastewater infrastructure so that it Is safe, {
reliable, cost effective, environmentally sensitive, and sufficient to meet future demands in
cooperation with other entities.
D. Generally, wastewater collection infrastructure extensions to residential and commercial
development will be the responsibility and expense of the developer. The city will follow
development as determined by the private sector or as directed by the governing body by
oversizing lines and upgrading trunk system. The city may also extend infrastructure to
certain areas targeted for growth In the growth management plan.
E. The city may participate In the cost of oversizing wastewater lines to meet future
development, subject to fund availability and approval by City Council.
F. The city will promote Inllowlinfiltration Infrastructure Improvements over new line extensions
that expand the geographic coverage of the city's Infrastructure systems.
G. The Environmental Protection Agency (EPA) recently issued an administrative order
requiring the elimination of Sanitary Sewer Overflows (SSOs). An estimated cost of
rehabilitation of the system is approximately 6,2 million dollars and is budgeted In the five-
year CIP. Infill-infiltration (Ui) studies for Hickory Creek basin will also be conducted, and
funds have been Identified In the CIP to address rehabilitation In this area also. ' a
H. In order to help finance Improvements necessary to serve population Increases, the 'N
legislature enacted legislation enabling cities to charge a Capital Impact Reoovery (IMPACT)
tee to each new commercial and residential development,
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Revised Section 8 Wastewater Services
1. The city reserves the right to prohibit any connection to the city sewer system when it Is
determined that a line or the system is overloaded,
J. The city requires citizens utilizing failing septic systems and located within two hundred
(200) feet of a city sewer main to connect with the sewer main.
A
Goals and Strategies
A. GOALS
Protect surface and groundwater supplies from contamination by on-site sewage systems.
Expand beneficial use of wastewater effluent, reducing the demand for raw water supply and
treatment while at the same time decreasing the cost of water to certain large customers.
Expand on the current recycling and reuse programs by Increasing compost production,
increasing the marketability of the products, reduce the cost of managing blosolids and wood
waste, and prolong the life of the landfill.
6. STRATEGIES
1. Provide wholesale wastewater services to entities outside the Denton are3In the Hickory
Creek watershed to protect the city's drinking water Intake from wastewater pollutants. R
2 It is anticipated that the rural areas and a few small communities will continue to use
septic tanks beyond the year 2010. All communities in areas around Lakes Lewisville and
Ray Roberts must establish effective collection and treatment systems to alleviate potential
water quality problems. Active permitting, monitoring, and enforcement will be required.
3. Because the city's intake for drinking water is located on the Hickory Creek arm of Lake
Lewisville, it is Imperative to prevent contamination of this water supply. By providing
wastewater services to entities outside of the Denton area but located in the Hickory Creek
basin, the city can limit the number of wastewater discharges to Hickory Creek.
4. Beneficial use of treated wastewater effluent Involves using effluent as it leaves the
Pecan Creek WRP but before it enters the Pecan Creek tributary. Though this effluent Is
not treated at the water treatment plant, the effluent water Is of high enough quality to be
safely used for a number of purposes. An effluent reuse system is already In place
providing cooling tower water for the Spencer Power Plant, Components of this system can
be utilized to further the capabilities of providing this water to the industrial and commercial
sectors of the city, In particular parks and golf courses. By using wastewater effluent, costs
for treating raw water to drinking water standards can be avoided. This would make cheaper
water available to large users, cut down on the amount of water treated at the water
production plant, and help meet water conservation standards currently being Impiemented.
5. As '
population continues to grow, raw water is quickly becoming the most valuable
commodity in the North Texas area. Because treatment technology Is rapidly evolving and
regulatory requirements are becoming more stringent, the quality of effluent Is Improving
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dramatically. With the cost o developing new raw water sources becoming astronomlca ,
direct reuse of wastewater effluent will soon become the economic alternative.
6. Compost Is produced by mixing wood chips and blosolids. Wood construction debris and
yard waste provide the source for the wood chips, The sludge used for the composting
program comes from the Pecan Creek WRP secondary blosolids. The secondary biosoilds
account for only one-half of the total blosolids ultimately planned for the composting
operation, Primary blosolids are presently land appliedfinjected, The composting program
permits citizens to participate In the city's largest recycling program with trees and
wastewater from citizens to produce compost for citizen and consumers.
7. The city began compost-marketing activities In 1997. Customers currently pick up
compost material In an unpackaged form at the compost site, but plans are underway for
wlWesaie distribution. I
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9, The city may establish a tree farm. The tree farm will utilize wastewater effluent for
Irrigation amt Dyno Dirt for fertilizer.
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Revised Section 9 Stormwater Drainage
The stormwater drainage system Is responsible for conveying all runoff In the city from each
storm event through a network of street Inlets, under ground pipes, culverts, Improved channels,
and natural channels. The runoff Is eventually channeled Into Lako Lewisville. The drainage
system uses a t DO-year flood as the design storm. In the 1950s. Denton experienced a flood
close to this magnitude. One-half to two-thirds of the town flooded.
The lack of a devastating storm in recent history and memory has given homeowners and
developers a false sense of security. Conslructlon within the 10D-year floodplain is prevalent,
leaving little floodplain and floodplain fringe to absorb a significant storm. As the city of Denton
has grown and waters!eds have become more developed, runoff has Increased accordingly.
Relatively small ten-year floods are becoming a challenge to manage, as floodplain area
becomes a scarce commodity. Flooding during these events Is the direct result of Inadequate
designing. poor construction techniques, and lack of undeveloped foodplain area.
Over time we have observed the value of the foodplaln area with respect to flood control.
Areas with the foodplain left In a natural state absorb flooding events and provide water quality
improvements far more successfully than areas where the floodplain has been filled and
modified. By filling and developing floodplain areas, protecting property during flood situations
became more difficult and expenslva (Figure 9.1),
The city recognizes the value of keeping the floodplain intact, maximizing the city's ability to
manage storm events. By promoting this basic approach to stormwater martagemenlI city
will be able to effectively address the challenges of managing storm events In the face of
significant growth.
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Polkles
A. Preserve, protect and, where possible, dedicate hoodplains to the city In accordance with
the city's watershed management plans and the parks and recreation plan. Floodplalns
should perform multiple functions for flood conveyance, transportation (Iralls), recreation and
open space, habitat protection, and environmental preservation.
B. Drainage infrastructure for development shall conform to approved watershed management
plans that address both water quality and quantity Issues, Including giving guidance on
where natural versus Improved channels and rural versus urban drainage systems should
be located.
C. Minimize erosion occurring during the physical construction of Infrastructure and private
improvements of developments using adopted best management practices. These
practices should reduce the potential of erosion during and after construction.
D, Implement regional detention ponds rather than onsile detention ponds, according to the
approved watershed management plans. The city and private developers will form
partnerships to satisfy regional detention plans.
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Revised Section 9 Stormwater Drainage
E. Minimize the number of channel crossings to reduce potential restrictions and safety
hazards and replace the existing box culvert crossings with clear spans that will bring the
roadways out of the 100-year floodplaln.
F. As Infill and redevelopment occur Inside the developed portions of the city, existing
substandard drainage systems must be reconstructed to a cost-effective manner to limit
impacts on the adjacent developed properties.
G. Endeavor to protect the life and property of its citizens from the 100-year storm by requiring
that all built structures be above the 100-year flood level and removing those structures in
the 100-year flood level as opportunities develop.
H. Provide and oversee a safe, effective drainage system that respects both the natural and
urban environment within the city limits.
Ir.
Goals and Strategies
A. GOALS
Prevent the addition of new structures in the fioodplain to reduce flooding and improve water
quality, Correct the defidencles associated with street flooding, Inadequate channel capacity,
and the existence of an estimated 1000 structures currently located In the 100-year iloodptaln.
Limit the amount of reclamation of floodplain property to protect water quality. Protect the water
quality of streams and takes from stormwater runoff through enhanced monitoring, enforcement,
and public education programs.
B. STRATEG,Jf&
1. Revise the current ordinance to prevent any new structures from being constructed in the
100-year floodplain. The ordinance would allow the floodplain property to be dedicated to
homeowners' associations or directly to the city as a park or open space area. The property
would be dedicated as one lot, preventing individual homeowners from constructing
structures at the back of their lots In what has traditionally been floodplain easement.
2, Promote open space and buffer zones to enhance water quality.
3, Focus on the development of an organized, systematic and documented approach to
operation and maintenance through;
e A focused operational objeclive;
a A definable schedule of operation and maintenance activities;
• A measure of continuous operational and productivity improvements; and,
• Documents that can educate the public In duties and responsibilities of the '
drainage operation, resources required to maintain the system, and problems
preventing efficient progress.
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Revised Section 9 Stormwater Drainage
4, Increase channel capacity, enlarge creek crossing structures, and purchase some
properties to accommodate larger channel designs. Remove existing structures from or
adjacent to the 100-year floodp lain as opportunities develop.
5, Adopt an aggressive Capital Improvements Program {CIP) to fund the stommwater facility
upgrades.
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6. Acquire and develop regional versus site-specific detention ponds.
7. Upgrade the flood monitoring system to provide predictive flooding condition capabilities.
6. Develop new drainage regulations thp! require a new or existing development to make
floodplain Improvements In or adjacent to .a floodplaln to meet the 100-year floodplaln
restrictions. Provide drainage facilities by reserving a sufficient amount of land for
landscaping, green space, or other permeable areas based on fully developed watershed
conditions in developments.
9. Provide criteria with a balance among the value of multiple uses, and low maintenance
life-cycle costs.
10, Develop methods to eliminate excess dirt, leaves and construction debris from entering
the stormwater network, restrictions concerning excess water runoff, and removal of soll and
leaves from construction sites. Methods of erosion control wilt be explained through public
education programs.
1 i. Develop an active role In monitoring and enforcement of an construction activities,
establishing the control agency for the program at the local level and requiring and enforcing
pollution prevention plans for construction activity.
12. Develop an education program for citiza is regarding potential problems that result from
throwing grass clippings, leaves, and tree limbs Into drainage channels. The program will
address the common desire of citizens to have trees and other large vegetation remain In
the channels as a 'natural habitat," when such practice only Increases flooding problems.
13. Establish natural channels with appropriate vegetation to avoid excessive aBtatlon from
channels during storm events,
14. Address stormwater Issues on a watershed-wide basis,
15. Propose pretreatment of water before disposal at each Industrial sNe, Regulate surface
runoff and control pressure washing of Industrial and commercial parking lots.
16. Increase street sweeping activities to pick up pollutants before they get into the storm
system.
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Revised Section 1 0 Solid Waste
The City of Denton recognizes the absolute necessity to protect public health by the responsible
collection and disposal of the waste generated by the community. No modem community can
remain healthy, desirable, or economically attractive without adequate collection and disposal of
its waste stream.
The city approaches waste disposal with a priority towards reducing waste at Its origin and
recovering recyclable materials. The city is minimizing the amount of waste which must be
landfilled by providing recycle material collection, separate collection of yard waste, composting
of Wosolids waste, recycling discarded appliances and bulky items, collection and disposal of
household hazardous waste, and providing waste education programs to the public. The landfill
itself will soon collect and use methane gas generated by decomposing waste as another
example of resource recovery.
A well-operated solid waste management system ensures waste minlmization, resource
recovery, environmental protection, and disposal capabilities to meet future demands.
Policies
A. Protect public health by the consistent and efficient removal of trash and rubbish from each
residence, buslness, and institution.
B. Support cost-effective recycling programs through policies that encourage public education,
waste minimization, materials reuse, and environmental stewardship.
C. Site planning for all residential and commercial development will promote efficient on-site
access for solid waste collection.
D. Consideration will be given to community when planning solid waste collecUon and recycling
services during the development process.
1L
Goals and Strategies
A. GOALS
Protect public health, reduce litter and fugitive trash, and enhance communitt, appearance by
the efficient. cost-effective collection of solid waste. Ensure that the environment Is adequately
protected through the proper disposal of solid waste. Encourage waste minimization and
maximize material recovery and reusa.
B. STRATEGIES
I. Site design for commercial, multifamily, Industrial, and Institutional land uses will require
construction of revetments (typically vertical screening, ramps, platforms and gates) to
house containers (both dumpsters and/or compactors) for fully automated collection9,
Speaficatlons will be developed for revetments and for the paving of the surface on, and
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Revised Sectioc z 10 Solid Waste ~
{ leading to, the container sufficient to withstand th a welght of the collection vehicles. The
collection of bulky Items will be addressed to redude the appearance of these items at the
c irb. The city will conUnue to support community elorts tc remove litter and fuglove trash.
2. Utilize groundwater prolection and monitoring systems, methan s collection and
monitoring for ott•slie methane migration prevention, cU!action ar d treatment of leschate,
and management of stormwater to ensure that the landfill Is or crated without harrn to the
environment.
3. Construct a materials recovery facility (MRF) adjacent to the landfill, The facility could
recover recyclable materiais and also bale the remaining solid waste bound for disposal.
Development of a MRF would accelerate the achievement of the Plan's waste diversion
goals and recycling volumes. Because the MRF anticipates baling solid waste Intended for
the landfill, landfill space would be used up at a significantly slower pace. This In turn would
extend the life expectancy of the landfill and otter other opportunities for the city to offset
some of Its capital and operating costs by taking In waste from outside the city.
1 J
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Revised Section 11 Electric
Denton Munlcipai Electric (D E), the City of Denton's power company, provides electricity to
moro than 35,000 customers. By generating and purchasing power, providing transmission,
and maintaining customer service through an expanding distribution system, DME is able to
meet the power demands of a growing population in a cost-effective, service-oriented manner.
At the "street level," maintaining and developing an infrastructure that Is safe, reliable, and
environmentally sensitive is a top prlority. Long-term plans focus on securing future sources of
wholesale power to meet projected demand as the city continues to grow.
Electric power Is a vital component of the community, and DME will expand the electric services
it offers as the city grows.
Policies
i
A. Electric service to all new commercial and residential developments will be installed
underground,
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B. Electric service providers and the city will work together to achieve the goal of installing
electric utilities underground along and adjacent to major entranceways.
C. Now electric feeder lines to major load centers may be Installed overhead except In specially I
designated areas or where existing electric, communications and cable facilities have
already been converted to underground facilities.
D. Electric service initiatives will continue to fund the conversion of existing overhead electric
facilities to underground on a fiscally responsible basis.
E. All tree trimming or other removal of vegetation to clear electrical lines will be In compliance
with existing city policies and ordinances,
F, The city will promote the use of municipal lighting fixtures that direct efficiently, reduce
potential nuisance lighting problems, and enhance views of the nighttime sky.
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Goals and Strategies
A. GOAL
Provide safe and reliable electric utilities that will meet future demands, Ensure that electric
utility Installation a sd operation Is environmentally and aesthetically sensitive. Use ccsl-effective
methods to develop and malnialn the electric system.
s ,
B. sTRATEM ! 1
1. Provide cost-effective purchase power through wholesale electric providers, to achieve 1
the best customer rate for energy genoration In a deregulated market place,
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iteW.%bd Section 11 Electric "
( 2. Electric service providers Wit continue to expand the Installation of underground
dlstdbuUon facilities to ensure the reliable delivery of elecft services to a growing
population. Electric service to all new commercial and residential developments will be
installed underground. Electric service providers and the city will work together to achieve
the goal of installing electric utilities underground along and adjacent to major
entranceways.
3. The utility will provide of 1deni and effeOve customer services by maintaining tepid
response times (less than 15 minutes) to customer outages, enhancing oommunkation
systems, developing automated meter reading caps bilitles and Improving system
automation and analysis capabilities.
4. Underground electric utility service to development Is important to promote good urban
design and enhance the aesthetic quality of the developing neighborhoods. The city W11
continue to encourage service providers (cable, telephone, electricity, data communlcatbns)
In the dty to cooperate with Initiatives to convert existing overhead facilities to underground.
The city will adopt and promote the same service criterion (through ordinance development,
etc.) utilized by Denton Munidpal Electric for all providers related to overhead versus
underground conversion, tree trimming and planting requirements and new service
installations.
5. A11 street tight fixtures In new developments will be In compliance with city specifications.
The city will use municipal lighting fixtures that direct illumination efficiently, reduce potential
nuisance lighting problems, and enhance views of the nighttime sky.
8. A cooperative effort between local government and the private sector Is required to
provide electric ferllitles In a cost-effective manner. Polides related to electric service will
be based on fair and equable participation in the costs by both public and private Interests.
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Revised Section 12 Parks, Recreation r&
Open Space
Urban open-space lands may publicly or privately owns developed with recreation a lities
or a preserved natural landscape, as small as a house tot or as large as thousands of acres.
While private open space and recreation facilities are Important elements of urban design, this
chapter addresses only the public system of parks, recreation facilities, and open space.
Attractive, safe and welkmalntained public parks, open spaces, and recreation facilities are
essential elements of Denlon's Image and quality of life. If strategically placed and equitably
distributed, they can provide a wide array of opportunities for both Individual and community
enrichment. In addition, parks and open spaces may serve to protect environmentally sensitive
lands from potentially harmful effects of urban development, while preserving their recreation
and transportation benefits.
Parks and open spaces are places to play, to relax, to enjoy the natural environment, and to
connect socially with others in the community. They can define a neighborhood and provide a
cultural and historical focal point, as does Fred Moore Park. If properly designed and
maintained, parks can enhance the economic value of nearby properties. Linear open spaces
can be used to knit together neighborhoods with other important elements of the city's fabric,
Including schools, government service centers, and commercial developments. Such lands can
also serve as an effective buffer between Incompatible land uses.
In short, public parks and open spaces help to protect the social, economic, and aesthetic
qualities that Denton value. In order to preserve these qualities, the city will continue to expand
its award-winning parks system as the community grows. I~
Policies
A. A wide array of parks and recreation opportunities should be equitably distributed and
accessible to all Denton residents. Park and facility locations will be determined in
accordance with the parks and recreation strategic plan and the parks, recreation, and
open-space master plan,
B. Parks and open spaces should be located In or adjacent to floodplalns, where possible, to
aid In floodplaln conservation efforts and to enhance recreation opportunities. Such areas
may be developed with recreation facilities or set aside as open space to preserve sensitive
areas.
C. The city should acquire and develop parks in combination with other public facilities to
provide the most cost-effective public services. Park property o)uid be developed jointly with
new schools, storm water detention basins, drainage channelf, fire and police stations, or
libraries. This policy should not contradict the spatial disiribution objecllves of the parks and
recreation strategic plan and the parks, recreation, and open-space master plan.
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D. To ensure the reasonable distribution of public parks in accordance with plan objectives,
residential developers should provide In their projec!; land for neighborhood parks sufficient
to meet the needs generated by their development or provide an alternative strategy to
satisfy this demand.
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Revised Section 12 Parks, Recreation &
Open Space
E, The city should be responsible for the acquisition and development of community-wide
parks.
11.
Implications of the Growth Management Strategy
Denton's population Is projected to reach 192,000 by 2020, most of which will reside in planning
subareas 3a, 4a, S, ?a, Sa, 14 and 15. Approximately 2,400 saes of neighborhood, community-
wide parkland will be needed, an increase of 1,588 acres. Growth In these areas will require
public Investment In the acquisition and planning of community parks, multipurpose centers, and
athletic facilities primarily in the south and far-east parts of the city. Park dedication
requirements should help the city keep pace with the need for neighborhood parks as new
subdivisions are platted and homes are built.
Other implications of the growth management strategy and planning policies are:
A. Park dedication may be used to acquire ownership lands along drainage corridors in order
to preserve environmentally sensitive lands and recreation opportunities. However,
substantial public Investment will be required to unite these lands into the continuous
greenbelt and trail system envisioned In the Growth Management, Storm Water, Parks and
Transportation elements of the Comprehensive Plan.
B. To provide efficiently for public services, the city should work with the Denton Independent
School District and other school districts to consolidate lands for parks, libraries, fire
stations, and school sites. To achieve the objectives of the transportation system, these
facility clusters could be linked by the greenbelt system to residential areas, major
commercial centers, and the universities.
C. A new parks and recreation master plan Is needed to guide the acquisition and Improvement
of new parks, greenbelts, and other significant natural and historic resources. The master
plan should be completed and adopted In 1999, and should be updated at least once every
five years.
D. The rapid growth of Corinth and other surrounding communities may present opporlunHies
for cooperative ventures with Denton and should be mutually explored.
IIr. _
Goals and Strategies
A. DIS.TRIBUJION OF PARKS r ' A
1, Goal
Ensure the adequate and equitable distribution of parks, open space, and recreation
facilities.
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Revised Section 12 Parks, Recreation $
Open Space l
2. Strategies
a, Complete a new parks, recreation, and open space master plan that addresses
public needs In all park and oFan space categories and meets the city's urban
design, transportation, drainage, and environmental conservation objectives.
b, Based on service standards for each park category, acquire, and maintain
sufficient land to keep pace with Denton's population growth.
c. Develop, fund, and Implement future capital Improvements programs consistent
with the parks, recreation and open-space master plan.
B. PARK AND OPEN SPACE ACQUISITION
1. Goal
Achieve urban design, transportation, drainage, and environmental oonservalion objectives
through park and open-space acquisition
2. Strategies
a. Identify land and4F easements necessary to establish a unified greenbelt and trails
system that achieves recreation and transportation system objectives. {
In. Identify significant scenic, historical, and environmentally sensitive lands, and
determine strategies to preserve them.
C. FINANCIAL EFFECTIVENESS
1. Goal
Ensure the cost-effective provision of parks, open-space, and recreation facilities.
2. Strategies
a. Working with city departments, area school districts, and developers, Identify
opportunities for clustering multiple public functions with parks and recreation facilities
Into neighborhood service centers. Develop appropriate planning policies, development
regulations, and Implementation strategies,
b, Research the need for and feasibility of developing specialized parks and recreation
facilities that can function as profit centers, which reduce the dependency on property
tax revenue and generate profits to underwrite other recreation facilities and services,
D. RESPONSIVENESS
1. Goal
Ensure that future parks and recreation Improvements are responsive to the changing needs
of Denton's citizens
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2. Strategies
a. Periodically survey the wants and needs of Denton's citizens for their parks and
recreation system;. Incorporate this Information into revisions of the strategic plan,
annual action plans, and updates of the parks and recreation master plan.
b. Update the parks, recreation, and open-space plan at least once each b years.
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Revised Section 13 Environmental g'
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Environmental protections one the most s gnu scan ongo ng concerns expresso by our
community. During the pubiic review process for development of the growth management
strategy and plan, citizens repeatedly questioned the existing quality of their environment and
the means the city could use to protect and manage it,
Environmental protection encompasses a host of Issues: (water quality, air quality, soil erosion,
habitat preservation, public health, conservation, compatible development, wetlands protection,
retention and enhancement of urban forests, floodptaln protection, open space designations,
etc. Management of these issues Is extraordinarily challenging. To successfully address all of
these Issues, a holistic approach, aimed at balancing a myriad of values and Interests, must be
utilized. The city Is committed to a built environment that protects the health and safety of Its
citizens.
The City of Denton recognizes the need to value Its environmental resources appropriately. By
identify;ng, protei.4% and preserving those areas with significant ecological value, further loss
of our natural heritage can be avoided, Minimizing environmental degradation and pollution Is
an associated priority. With environmental concerns reaching out far beyond our city limits, any
successful program addressing these Issues must determine the value these resources hold for
our local community, our regional community, and our global community. Our responsibility lies
finally to this not-so-infinite planet on which nothing less than our very survival depends.
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A. Development policies will emphasize environmental awareness, prorate the ethlcal use of
natural resources, and encourage the preservation of native habitat.
3. Environmental protection will be an Integral consideration in the development of policies
concerning economic growth and community development.
C. The city will evaluate the value and function of ;he natural environment and Identify areas
with unique ecological significance.
D, Appropriate protection measures and management techniques will be used to minimize
harmful discharges directly to the environment.
E. Site-specific pollution control techniques will be based on the environmental significance of
the area and the pollution potential of the development,
F. Environmental mitigation, or lessening of the force or intensity of developments will be
considered for development In areas of ecological significance. r
0, Development policies will establish the equitable distribution and use of natural resources.
For example, provide floodplain and open space octets as a recreational resource for the
community Instead of singular ownership by one person or a single neighborhood,
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The city will take a ea ers p ro e In s ap ng an mp emenbng federal regulations an
programs for water quality Issues including slormwater discharge and erosion control.
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Goals & Strategies
A. ECOSYSTEM MANAGEMENT
Denton will be a responsible steward of the natural environment, by Improving air quality, water
quality, conserving resources (land, water, etc.), and reducing solid wastes. The city will work
with regional, state and federal agencies and neighboring jurisdictions to strive for
improvements in the quality of the city's and regions natural environment. The city will consider
environmental impacts of plans, programs, and regulations in regard to protecting the region's
natural environment.
Denton will have strong resource conservation programs Including energy, water, native, and
restored wildlife habitat areas, sensitive lands and urban forests. Energy conservation will be
an Important component In our management programs, Including electricity, natural gas, coal,
and other forms of fossil fuels, as well as alternative sources of energy such as solar and wind.
Water conservation will be promoted through education programs, Incentives, design standards
and regulations, use of native, drought tolerant plant species, and the fee sinlcture.
Preservation and restoration of our sensitive lands and habitats requires strong governance and
programs to enable development and administrators data relevant to sites,
1, Goals
Develop conservation and development priorities by:
• Providing city planners and decision makers with a method to systematically
Identify, evaluate, and synthesize various environmental attributes;
• Using assigned ecological values to determine what type of growth is compatible
with each habitat area;
• Acquiring and preserving open spaces considered to be of high value by the city;
• Requiring proposed developments to protect the natural resources associated
with the development site to the greatest extent possible;
Encouraging "Green Builder" standards; and,
Expanding the public education program.
Z, Strategies
The City of Denton contracted with the University of North Texas (UNT) to develop
descriptions, rating criteria, functions, and values for local and regional habitats. The
objective of this ecological values project is to provide the city with a method for
systematically identifying, evaluating, and synthesizing the various environmental attributes f a
associated with a particular plece of land. The project considers ecosystem services (air f
quality, water quality, stormwater treatment/flood control, recrealtonValls, wildlife habitat,
fisheries municipal economic benefits, and rehabilitation need) and ecological goods
(aesthetic values, heritage attributes, native species, core habitat, connectivity habitat, and
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restoration nee Once criteria an va ues are ass gne ,1 a Gty can ant w a areas
are appropriate for what types of development, conserving the most critical environmental
resources while permitting more irdenslve development of lower prioritized resources.
a. Utilize the scientific and technical expertise of UNT, literature related to ecological
valuation (particularly on the city and county government level) and develop a framework
for identifying and prioritizing various habitats.
b. Draft a list of ecological functions and values of the Immediate area. Develop
associated geographic Information system (GIS) layers. By adding these different criteria
layers together, habitat value can be Immediately identified for any place of property
within Denton County,
c. By utilizing this approach, development will be integrated into the natural landscape
by directing it away from sensitive natural areas and by applying Innovative planning,
design and management practices, such as protection, buffering and mitigation, when
such development occurs In close proximity to sensitive natural areas. The city will
develop effective partnerships with the county, other governmental agencies, and the
private sector for the protection and preservation of important natural areas.
d. Establish values and rating criteria for various ecological functions associated with a
specific area. Develop associated geographic Information system layers Indicating
different ecological values to determine the most suitable area for development. Identify
and describe ecological values as-either'ecosystem sorvioes' (financial benefits) or as
'ecological goods' (less tangible but still has beneficial value). Rate each habitat area
based on site characteristics and value of that characteristic,
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e. Maks broader use of mitigation banks to facilitate market-based compensation to
landowners that choose to help protect environmentally sensitive lands.
f, Facilitate wise real estate development, especially In difficult economic times, real
estate developers and lenders know that certainly of approval and availability of
Infrastructure, rather than speculative leapfrogging, will reduce costs and processing
time. Therefore, new real-estate developments can be brought to market more quickly
and Inexpensively within areas where effective consensus plans for conservation and
development have been created,
g. Relate ecological values to the growth management and land use plan to determine
what areas are appropriate for what type of growth.
h. Implement adequate public facilities requirements,
1. Require an environmental Impact analysis for development sites. For developments r
In areas with high ecological values end services (environmentally sensitive areas), '
require appropriate management practices Including any necessary mitigation actions. r !
J. Enhance clearing and grading requirements to minlmlze eroslon, eliminate clear-
cutting, reduce sedimentation, and reduce fugitive dust (airborne particles).
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B. Ala
Denton will continually Improve its air quality as the city grows, through comprehensive
programs, policies, and Implementation. Effective strategies will be applied to address the
following Issues: motor vehicle emisslons, commercial and industrial pollution, wood-smoke
emissions, street dust, Indoor air quality, and visibility. The city shall endeavor to minimize the
amount of allowable particulate emissions, odorous, noxious, and toxic matter into the air.
1. Goals
Encourage public transportation systems and efficiencies. Develop policies to reduce ozone
concentrations from mobile and stationary sources.
2. Strategies
a. Develop pedestrian transportation routes such as a 'veto-web' to encourage hicycle
commuting and connected trails to encourage walking, (See Urban Design and he
Street Section)
b, Enhance public transportation alternatives. (See Transportation Section)
C. WATE$
The value of tributaries and watersheds, until recently, has regrettably been overlooked.
However, the Texas Water Development Board recently published Water for Texas: A
Consensus • Based Update to the State Wafer Flan. This publication acknowledges the
importance of the rivers and their related watersheds.
A watershed approach to water quality will be taken that conserves stream Corridors and other
water bodios as natural and managed ecological systems and as critical wildlife habitat. Water
quality MI be protected and monitored to ensure high standards, addressing all forms of water
resources such as drinking water, streams and water bodies, stormwater runoff, ground water,
ar,d wastewater treatment.
1. Goal
Preserve floodpiain areas to Improve water quality and maintain floodpiain habitat.
2. Strategies
a. Implement and enforce Aoodplaln•zoning restrictions, Including development
restrictions and use of greenbelts and other iowdnlenslty land uses.
b, Comprehensive guidelines and policies will to applied to manage exl sting and
proposed development adjacent to floodplalns or bodies of water, to minimize Impacts
on and restore the riparian ecology and to minimize hazardous conditions associated l J
with flooding.
c. Expand the city limits to Include the enure greenbelt corridor and 1135 project area. it
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d. Acquire and preserve the 1 DO-year floodptains and conservation easements.
e. Coordinate development of greenways and Ira [Is along the good plain of tributaries.
f. Use measures to minlmize stormwater runoff that significantly Improve environmental
impacts.
o. D4LL
1. Goal
Encourage preservation of open spaces.
2. Strategy
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a. Open spaces hw,e been recognized as a requisite to a healthy community as early
as the Middle Ages. S;r Thomas Moore Included open spaces in his visions of utoplan
cities. Our neighboring county to the east, Collin County, established an open space E
plan in 1988 with a priority, on aoquldng native prairie, lakeskle recreation, and riparian f
habitat corridors. Denton, like its neighbor, will continue to acquire and manage land
and water to preserve, protect, and enhance Important natural areas.
b. Create an Integrated system of publicly owned natural areas to protect the Integrity of
Important conservation sites, protecting corridors between natural areas, and preserve
outstanding exe.mples of our diverse natural envlrcinments. AdmInWer a strong program
to acquire and manage Important natural areas that preserve wildlife hebltat and native '
landscapes, while providing oppodunltles for education, scientific research, nature
Interpretatlon, art, fishing, relaxation, wildlife observation, hiking, and other actIitles
which do not require a motorized vehicle. Actively protect, manage, and enhance our
natural stream oorridors and other waterways as natural ecological systems, important
wildlife habitat and accessible recreational areas.
c. Develop creative approaches to conservation of other habitat and open apace, such
as prime agricultural land.
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REVISED FROM THE JULY 9", 1999 SECTION:
Increasingly, design Issues are of central Importance in decision making by the city. There are
strong social and economic reasons for raising the quality of design in the built emIronment.
The quality of the surroundings where people work, live and play affects how they feel about
Denton, their perception of safety, and how accessible different facilities are. A poor urban
environment is also a serious barrier to Investment and economic development. A high-quality
environment Is a fundamental requirement to attract long-term, high-quality investment. The
Issue of urban quality must be rigorously addressed if Denton Is to achieve real social
improvement and 'sustainable' development in the future.
The urban design strategy aims to substantially raise the quality of Denton's urban enyv mment.
It Is now realized at all levels of 1be city government and the community that the market akne
will not create safe, sustainable, attractive, well functioning and, In the longer term, prosperous
places for the majority of the community (Figure 14.1).
As the twenty-first century approaches, expectations will be raised and the Issue of urban
quality seriously addressed. Denton will take a leading role within the metroplex eente*t in the
field of urban design. This will require a determined change of approach by adopting a quality-
based philosophy. It Is possible to create prosperity, while also enhancing the environment,
soclaI welfare, and long-term economic performance, without vompromising the prospects of
future generations.
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Policies
"Urban Design" Is a term used to define how a community mantges its physical and visual
character. Properly developed urban design policies need to acknowledge economic realities
and functional necessities. Different areas In the city serve different purposes, so district-
oriented urban design strategies are appropriate. Practical and reasonable expectations require
that urban design efforts are concentrated on the "public environment", a term that refers to
areas that Is either physically accessible or visually prominent to members of the general public,
We seek to maximize both public and private benefits by Improving visual quality and
perceptions of our Image,
A. Visual quality objectives and a healthy business climate should not be considered mutually
exclusive. Urban design concepts should be Incorporated Into private development plans
early into the review process. Attention should be paid to design principles that in many
cases do not Increase project cost.
B. The impact of public features such as signage, electric lines, valve boxes, solid waste
receptacles, streets, curbs and gutters, sidewalks, buildings, parking lots, and parks should
be recognized as Important factors in affecting community appearance. City government will
exert a leadership role In following the principles of good urban design. 4
C. The city's urban design stralegles will be guided by the principle that the spaces between
buildings are just as Important as the buildings themselves. The form of public spaces
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Revised Section 14 Urban Design
should support eir intended functions, and their visual qualities should communicate the
values we feel are Important
D. Concern for community appearance should be addressed In a comprehensive
manner.
Such an approach provides the opportunity to integrate urban design objectives with other
planning mechanisms, such as land use, zoning, subdivision regulations, historic
preservation, economic development, and environmental protection.
E. Architectural diversity and creativity should be enoourag~--u to avoid homogeneity and
sterility. Contrast and variety contribute strongly to visual Interest and viewer perceptions of
quality, implementation of design standards by the city will avold regulations that promote
sameness and stifle individuality.
F. Urban design principles should be emphasized in neighborhood revitalization plans, and
residents should help to determine social and cultural values that are reflected visually. Infitl
development should be evaluated carefully to promote compatibility with existing structures.
New development can provide contrast yet complement older structures.
G. Opportunities for displaying public art and for the performing arts should be provided In a
variety of public venues, including parks, street rights-of-way, and public buildings.
H. The unique and distinctive cultural and architectural features of Denton should be identified,
restored, preserved, and maintained through a partnership between the city and private
Interests, in keeping with the historic preservation plan.
1. Development along major entranceways Influences first impressions and the Image of
Denton, Good urban design should be encouraged and promoted to enhance the
appearance and perception of quality along thoroughfare corridors.
J. Denton's Image Is strongly Influenced by its universities, and efforts should be made to
enhance their appearance whenever possible. The city should strive to encourage more
community Interaction with the universities by linking physical access between university
and public property,
K. The value of trees and landscaping should be recognized as Important features that strongly
Influence the aestlietics and environmental quality of the city. This recognition of value will C
be reflected In all development standards.
L. The city will continue to view the downtown as a unique and dominant area that merits
special attention, A comprehensive downtown revitalization program, based on the
strategies of the Texas Urban Main Street program, will be pursued to maintain the
momentum created by recent Improvements.
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Goals & strategles
The decislon- strae for the tThe strategy Islas environment much about will
promoting lawaarrene s of design Issues practice
as It is
of providing o policy framework for development So, In addition to being a tool for cIty staff and
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elected officials involved In development control, it is aimed at architects, devekoMrs,
neighborhood groups, and members of the community with an Interest in the built environment.
The strategy is a framework where qualitative valuation of development schernes is trade.
Good design control requires this approach, avoiding arbFtrary judgements based on personal
preference, but intervening where inadequate care has been taken h the forming develolxnent
designs.
The presumption should be in favor of creating good urban design, for people'usirrg' the built
environment, especially those on foot. This will often require a flexible approach to quantifiable
standards. New development that fails to raise or maintain the quality of the urban environment
will be interpreted as being poor design.
A. URBAN STRUOURE
Changes in policy have recognized the desirability of a greater mixture of uses In different
areas. This section highlights the benefits of mixed-use (Figure 14.4) and urban village
development as being more sustainable and helping create vitality and diversity and reducing
the need to travel,
1. Goals
Development schemes should complement or reinforce the urban structure and urban
sustainability, of the city. New development will be expected to reinforce the city's structure
by:
• Contributing to the special roles of the downtown, universities. mixed-use
centers, and subsidiary developments so that each becomes the focus for a
distinctive range of facilities and uses;
• Providing urban village development (Figure 14.2) that changes urban Patterns,
adding to the original structure and permeability of the ray; and,
• Providing mixed-use center schemes at significant and key sites (Kure 14.3).
2. Strategies
a. Reinforce existing city fabric and give priority to mixed-use developments and urban
villages.
b. Introduce residential uses Into mixed-use and actMty centers to place people near
concentrations of facilities. Improve activity and surveillance in the evenings, reduce the
need for vehicular journeys, and Increase the market area population for local shops and
facilities.
c. Increase the diversity of uses In mixed-use centers by making more efficient use of
existing properties.
d. Accessibility will be emphasized in design guidance for infill and development sites
or significant sites tt centers, which will specify a mixture of uses and predude single-
use developments. 0-
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e. The development of significant sites, including key activity and employment centers,
may include mixed-use, and plans for urban village and transit-oriented developments
(Figures 14.5, 6, 7, and 6).
f. Residential developments will be expected to Include variety In the type,
configuration, and size of accommodations (Figure 14.9), thereby making local facilities
more viable, Including vertical changes In use (Figure 14.10). Some uses and employers
require large single-use sites for their efficient operation, but this does not preclude
these sites from meeting the urban design standard.
g. Reinforce and Identify the various roles of mixed-use and activity center
developments.
h. Ensure that development reinforces the muiticenlered structure of the city and
contributes to a more sustainable distribution of uses. New development will be
encouraged to provide a greater diversity of uses and to reinforce the different roles of
the various centers.
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8. URBAN DESIGN
The design of spaces and contribution made by development to the city should be a result of
informed and thoughtful design decisions and should not be left to a late stage of the design
process. Development should enhance the established spatial character of roads and spaces. It I
Is essential that the design of development be based on a thorough analysis of the site and Its 1
surroundings. Factors to be taken Into account in the design of development schemes Include
accessibility, variety, safety and health, permeability, durability and sustainability, legibility, the
natural environment, and urban context.
1. Goats
The basic elements of high-quality urban design should be Incorporated into new
development schemes, the design of public spaces and transportation Infrastructure. The
city will consider the quality of urban spaces within the development site, as well as the
contribution made to public spaces outside of the site. New development are expected to:
Reinforce, enhance or Improve the established urban character of streets,
squares, and other urban spaces;
Functionally complement existing pedestrian sidewalk, trail, and circulation
networks;
Respond to contextual features Including existing development, topography, site
boundaries, paths, edges, nodes, views, natural environments and other
features;
Contribute to a safe and secure urban environment;
Enhance the city's character In terms of variety and diversity of experience;
Be accessible and useable to people of a range of mobility and physical ability;
Create attractive, well-functioning spaces within the site; and,
Create usable spaces for trash, mechanical equipment, and signage within a site r
in a creative and consistent manner.
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2. Strategies
a. Create better streets and public spaces (Figure 14.12). Create high-quality spaces,
squares, and streets that enhance circulation and social Interaction. Spaces will create a
`sense of place' and arealdistrict identity (Figure 14.13 and 14). Use formal planning to
produce spaces of high quality.
b. Coordinate design, even for Informal spaces as part of a larger scheme rather than In
Isolation. Ensure external effects of any development on the built environment are
considered so that new development reinforces area and district character and
enhances the quality of the public spaces (Figure 14.15).
c. The Impact on public spaces will betaken Into account when considering
development proposals and planning public spaces. Consideration of these principles in
good urban design practice Include:
* Accessibility
This is the ease with which people can access a full range of facilities such as shops,
leisure, employment and all areas of the public realm. Accessibility Is affected by:
the location and distribution of uses; choice In the means of transportation, including
facilities for less mobile people such as noncar users; the physical design of spaces
and pedestrian circulation systems such as facilities for a full range of physical
abilities. New development will be accessible to the widest range of people both In
terms of its location and the physical design of spaces and buildings (Figure 14.16) j
* Variety
Variety of uses is related to accessibility (Figure 14.17). The greater the variety of
uses In each district of the city, the more accessible they are to the widest range of
people of varying degrees of mobility. Variety of facilities is desirable at different ,
scales: citywide; in each mixed-use, activity center, and district; and within Individual
sites or blocks. Variety also refers to the quality of the built environment
Different spaces and streets have their own distinctive character. Older buildings can
also be useful in promoting variety of use, by providing low-cost floor space. New,
contemporary design also increases variety. Variety is also about the range In types
of accommodation available with any building type. Taking housing as an example,
this refers to the range of size, tenure, building-type, affordability, location, etc.
• Safety and Health
A well-designed built environment can help to engender feelings of safety and
security (Figure 14.18), An unsafe environment can literally Imprison people in their
own homes, especially during the hours of darkness. Good lighting and good layout
are further Important factors. The Clean Air Act has done much to improve air quality
since it was enacted. However, an additional threat to health has arisen from
Increasing exhaust emissions. An integrated transportation strategy at the national,
state and local levels Is necessary for this problem to be seriously addressed. ,
Designers will be expected to demonstrate that the health and safety of the city has A ,
been a factor In producing new development schemes.
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• Permeability
The number of alternative ways through an environment Is a measure of an area's
permeability (Figures 14.19 8 20). New development should maximize permeability
both within the site and In the wider context. This will require site planning to be
based on an analysis of existing path structures and patterns of movement and for
new development to be designed to complement that network as well as maximizing
the choice of movement within the development site itself. Paths into a site will join
rather than forming a series of dead-ends. New development will be expected to
exploit opportunities to Improve choice and convenience of movement
• Durability and Endurance
These are very Important In achieving a sustainable and adaptable built environment,
The use of high-quality materials for surfaces should be a priority (Figure 14.18). The
resistance of materials to wear is Important if they are to last without excessive
maintenance. Flexibility and adaptability In the design and layout of space are also
Important factors to accommodate changing demands and a variety of activities in
coming decades.
• Legibili
The legibility of a place is the ease with which people can understand its layo it
(Figure 14.21). Good legibility is Important quite simply because it allows people to
find their way around the city. Development schemes will be expected to:
complement and reinforce the urban character of paths by reinforcing definition and
enclosure and providing landmark features at strategic locations; emphasize edges
in the townscape; contribute to diversity and distinctiveness In the character of the
city's various districts; emphasize the definition of nodes and corridors and make
them more memorable through distinctive landscape, features, and landmarks; and,
emphasize and protect the natural and riparian environments and features within the J
site and provide connectivity through these systems. 1
d. Analysis of a site and its environs will be considered In design schemes and
Includes:
• Paths in and around the site
• Changes in level
• Behavior patterns in and around the site
• Urban form
• Yews Into and out of the ste
• Relationship to existing strictures
• Vistas
• Enctosufe of streets and spaces
• Topography In and around the site
• Sunlight
Landmarks
• Orientation r
• Strategic qualities of the site '
• Native and existing habitats t
• The nature of boundaries
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t • Proximity to others
• Public transportation routes
• Riparian and floodplaln protection
• Diversity of use
• Climate
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e, Creative design Input Is required to achieve the needs of the potential use of the site,
while reading to the site's unique set of characteristics.
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f. The characteristics of existing public spaces and road frontages (Figures 114.22 & 23)
should be reinforced or complemented by new development, In teens of enclosure,
definition of road frontages, height, and mass. Where the established character is based
on enclosure, new development will complement this. Development should relate directly
to adjacent paths, internal paths, future railways, transit-oriented designs (TODs), nodes,
or bodies of water.
g. Where there Is a consistent, established building line or height, new development will
normally continue and reinforce it, except where there Is an urban design reason for not
doing so, for example the creation of spaces or architectural landmarks at strategically
determined locations. Where an existing frontage building is redeveloped, the
replacement development should normally preserve the degree of definition and
enclosure created by the original, In terms of height, mass, and the relationship to road
or lake frontages. However, if the area is in transition, new build4o lines will be
established and these directives will be adhered to otherwise (Figure 14.24),
h. Comers, junctions, and gateway sites will be reinforced by landmark buildings of
similar or larger scale to the adjoining properties (Figure 14.25), Use of comer sites for
car-parking or servicing space is not appropriate.
1. Car parking areas will normally be located away from street or water frontages and
screened by buildings or other means (Figure 14.26). Larger car parks will incorporate
imaginative landscape design to enhance their appearance. Car parking in new housing
developments will be located to the side of the properties or, In the case of perimeter
blocks, to the rear (Figure 14.27). Where parking at house frontages is unavoidable and
the garaging structure should be setback well beyond the front fagade. Use of shared
drives and permeable paving is appropriate to reduce the Impact of multiple front entry
loading of drives and car parking. Provisions for parking within the block is required
where the narrowest of path widths are utilized.
High-quality urban design will betaken Into account by developers when choosing
their designers and planning their development.
C. ARCHITECTURAL DESIGN
The intention of these goals and strategies is to encourage creative, principled architecture. r,
Factors considered to contribute to architectural quality include: creativity, Innovation, fitness for A, -
purpose, ecological and urban sustalnability, knowledge of design theory and principles, and !
attention to detail. The urban design diagram will be applied to Indicate sensitive locations.
Prominent locations would Include those on main road frontages, adjacent to nodes, and in
elevated or highly visible positions.
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Revised Section 14 Urban Design
1. Goals
Proposals for new buildings in prominent or sensitive locations should clearly show that
there has been creative architectural design Input. The following should be apparent In new
buildings:
• A creative design solution specific to the site in question;
• An understanding of the fundamental theoretical principles of any chosen style;
• Attention to the quality of materials, finishes and details; and,
• Consideration of efficient functioning and sustainabllity.
2. Strategies
Encouraging high-quality, creative, well-functioning architecture.
a) New buildings will be Informed by thorough historical architectural knowledge and
context, but not Imitate older buildings.
b. Encourage high-quality architectural design. Innovation, creativity and originality are
considered to be primary Ingredients of high-quality architecture, Radical or challenging
design solutions will be positively welcomed. Such buildings are Individualistic, provide
contrast, and In these ways create local identity and contribute to local distinctiveness.
c. Careful consideration of proportioning, detailing and context Is Important in designing
buildings that are adjacent to landmark buildings by providing variety and defining space.
d. Architectural design will be used to Integrate the functions of buildings with public
spaces, adding to Interest and vitality (Figure 14428). Tne Impact of architecture on4he
public spaces must be considered. Main frontages and tamers would include main
entrances, windows, or other features to create activity at the ground-floor level.
e. Architectural quality should Inctude these principles:
• Creativity
• Innovation
• Fitness for purpose
• Sustainability & green material use
Design principles
• Historical knowledge
► Attention to detail
► Social purpose
f. Design materials will be used and expressed authentically and appropriately.
i Principles such as good proportioning, clear architectural grammar, and good planning
will be used,
g, The city will work in partnership with developers on significant projects and will '
actively explore the use of architectural competitions In the development of appropriate
sites In its ownership.
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Revised Section 14 Urban Design
D. CONTEXT & DISTINCTIVENESS
These goals and strategies seek to ensure that new developments Include site-specific design
solutions. Complementing context and reinforcing local distinctiveness are concerned with
reacting to the urban character of the area, not with copying the style and detailing of nearby
buildings.
1. Goals
Development proposals should contain site-specific design solutions, based on an
understanding of the urban context, and reinforce Denton's distinctiveness. New
development will complement existing physical, spatial, and functional chararAeristics of the
built environment. In terms of architectural design It should be Interpreted to encourage
individualistic, creative, and distinctive design.
2. Strategies
a. Enrich local character by continuing the process of creative development.
b. Design concepts will consider context as material consideration in development
proposals. The city will reject poor designs. Poor designs include those inappropriate to
their context, for example, those clearly out of scale or Incompatible with their
surroundings.
c. Special attention will be paid in conservation areas to the desirability of preserving or
enhancing the character or appearance of that area. Respect the established urban
grain and create modern, site-specific design solutions that genuinely reads to context
and represents continuity with the best practice from the past.
d. Use of standard, off-the-peg design that falls to read to the specific urban context
and fails to reinforce local distinctiveness does not meet the quality design standards of
the community.
e, Where new buildings are being designed for sites adjacent to architecturally
outstanding buildings or in conservation areas, it Is especially important to avoid
Imitation which results In a blurring of historic buildings with their setting and results in a
loss of distinctiveness and authenticity {Figure 14.30).
L Design of distinctive landmark bulldings should make an Individualistic statement,
setting them apart from their surroundings (Figure 14.31).
g. In prominent or sensitive locations, the choice and quality of building materials will be
considered an important elemerl of the design and development.
E. DEVELOPMENT IN VISUALLY SENSITIVE LOCATIONS
Sensitive locations include conservation areas, historic parks and gardens, and sites affecting
the setting of listed buildings (Figure 14.32), and buildings of special Interest In these locations A ,
it is especially important that a suitably qualified and experienced designer be commissioned.
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Revised Section 14 Urban Design
1. Goals
In sensitive locations, new development will be expected to demonstrate high standards of
architectural and urban design in a manner that complements or enhances the urban
context.
Imitations of historical styles should be avoided In sensitive locations. Where a building of
special local Interest has been demolished, or Is intended to be demolished, the
replacement development should equal or exceed the architectural interest of the original
building Where alterations or extensions are proposed to listed buildings, buildings In
conservation areas, or buildings of special local Interest, consideration will be made of the
impact.
2. Strategies
a. Respond to special architectural or historical character of the area,
b. When considering new development in a conservation area, the city will pay special
attention to the desirability of preserving or enhancing the character or appearance of
that area.
c. New additions In historic districts and conservation areas should be of an appropriate
quality.
d. Development proposals for sites In visually sensitive locations will be carefully
considered against the historical and urban ~:esign context of the area. Inappropriate or
insensitive development will be discouraged in sensitive locations. Creative and
principled design will be used in environmentally sensitive locations.
e. Use of modern authentic materials, traditional materials, of a combination of both can
all be acceptable. Modern materials and constructional techniques ere used, !hey should
not be disguised under a false tradilionai skin, but should be clearly expressed. The
painting, rendering or cladding of naturally expressed material surfaces, such as brick,
stone or concrete, will always be avoided.
i. The development control process will be used, as far as possible, to protect recent
buildings of architectural or historic Interest.
g. The preservation of existing buildings will be encouraged In conservation areas,
h. Where the case for redevelopment is established, listed buildings, buildings In
conservation areas, and replacement development will be expected to preserve or
enhance the special interact of the site &s far as possible. Raising the standard of design
compared to the original bu ding, to compensate for the loss of scarce historic fabric, Is
expected. Principled contemporary architecture will be expected in these circumstances.
Similar criteria will be applied when considering proposals for replacement development
on sites occupied, or formerly occupied, by buildings of special local Interest.
1. Extensions to existing buildings should be designed and positioned to complement i i
the original buildings. Where the original building is a complete and coherent
composition, the extension should normally be designed to dearly contrast with the
original building.
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Revised Section 14 Urban Design
F. PUBLICART
Public art provides a number of benefits to the city. It can create interest, create local
distinctiveness, provide a memorable image associated with the city or certain districts within
the city, lend character to urban spaces, make the urban environment more attractive, and
provide an Indication that an area Is being invested in. For Individual development sites, public
art can provide Identity, use Image, and a noticeable local presence (Figure 14,33).
1. Goals
The provision of public art will normally be expected as part or any large development
schemes. Public art should be considered as an Integral part of the design of spaces in and
around development Encourage commissioning of experts so that opportunities are
available to a wide range of artistic talent.
2. Strategies
a. Use art to enrich the urban environment,
b. Accommodate public art with care Into the overall urban and landscape design of
sites.
c. Encourage a variety of public art throughout the city.
d. Public art should be located in suitable locations that Include gateways, urban
spaces, gable walls and other building surfaces, pedestrian areas, left-over areas of
land, and circulation space, etc. Use public r7l In strategic locations to contribute to
legibility, for example to provide emphasis to nodes, paths snd districts. Use public art to
provide new landmarks in the built environment,
e. Public art should be designed for specific locations in context with its environment.
f. In the design of public art, practical issues ere such as maintenance, durability, and
safety will be considered. These issues will have Implications for the physical design of
structures and the choice of materials,
G. URBAN DESIGN DIAGRAM
1. Goals
Development proposals for sites identified on the urban design diagram, or affecting
features included on the diagram, should explicitly reflect that status in the quality of urban r
and architectural design. The diagram will be used to identify significant and sensitive sites,
as referred to in other goals and strategies.
The Inclusion of any site on the urban design diagram, or proximity of any site to features on
the diagram, shall be a material consideration in determining planning applications for J
development. The diagram will be applied by the City Council as an indication of the r 4
sensitivity of different development sites. The Image analysis plan will also be used as an
indicator of sensitivity. High quality design will be rigorously applied at significant and
sensitive sites.
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Revised Section 14 Urban Design
2, Strategies
a. Identify sensitive and significant sites and locations.
b. Prepare an urban design diagram as a plan of the city with features that are
particularly significant from an urban design point of view such as main roads,
waterways, activity and mixed-use centers, large open spaces, major development sites,
listed buildings, conservation areas, riparian and floodplaln areas, and tree preservation.
c. Use the diagram as an indicator of the sensitivity of different sites. Sites Identified,
adjacent to or affecting features Identified on the diagram will be considered to be !
sensitive from a design point of view. This Indicates that a pad cularly good standard of
architectural design, urban design, site planning, and landscape design Is appropriate, j
d. Prepare an Image analysis plan to be used as an Indicator of sensitivity.
e. The effect of proposed development on features and sites Included on the urban i
design diagram and the Image analysis plan will be a material consideration in the
determination of planning applications. Where the diagram Indicates that a site is
environmentally sensitive, particular attention will be paid to the standard of architectural
and urban design.
Specific Design Guidance
The City will produce detailed design guidance for significant sites and areas in the city and {
specific subject areas.
In different defined parts of the city, it Is possible to identify strong urban characteristics, which
are desirable to preserve or enhance. For Important Individual sites, it is also necessary to
produce design guidance, specific to the site in question. Guldanca for areas and specific
development sites will aim to achieve high standards of architectural and urban design and to
reinforce essential urban characteristics of the area, The most important development sites and
areas will be designated on the urban design diagram and may have specific criteria developed
for the area through the small area planning process.
Thematic guidance normally applies at a citywide level, dealing with specific issues or types or
development. Area and site-specific guidance will be based on an analysis of urban form, taking
account of the historical process that treated the existing urban environment as well as the
existing fabric itself. Design guidance will only specify building materials where an area has a
strong and uniform character, which it is desirable to preserve. Guidance will not normally
prescribe style or detailing.
A review of design guidance is considered supplementary to the comprehensive plan and this
strategy and will be undertaken to determine what further guidance is required.
1
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A. CONSERVATION OF THE HISTORIC uulROf~A~PhT
1. Goals
The city will encourage and give support to the continuing use or reuse of buildings of
architectural of historic Interest and era ure high standards In their repair and mainten ince.
The city will facilitate high-quality conservative repair and maintenance of buildings of
special architectural, historic, or local interest through the provision of advice, education and
guidance regarding financial support mechanisms.
2. Strategies
The City will promote the preservation and enhancement of the historic environment through
varlous means:
I
a. Tec~l~a~ro
The City will make available written guidance to the owners of historic structures.
b. B ildings al Risk Survev
A survey will be prepared indicating building at risk In the city and kept current.
c. ManaeemeM of Hi~enrir ;{dinos
The city will adopt good practice in the management and maintenance of its own
listed and other historic buildings.
d, Sc4r?~ervalion Area r~ance
The city will produce guidance for conservation areas defining the special
architectural and historic Interest of the areas, putting forward a strategy for their
preservation and enhancement, and providing guidelines for new development.
e. Buiklinq Prot ion I
The city will actively promote the statutory listing of buildings considered to be of
special architectural or historic Interest against a state and national context.
f. Conservaton and Hi loric c
The city will declare areas of speclal architectural or historic Interest as historic and
conservation areas. The urban design diagram will Identify additional potential
conservation areas or districts.
g. Ekm Structure Inventon~
The city will prepare and keep up to date an Inventory of historic structures and sites, i
B. IBM S2 RTATION INFReorar rnLUj3g I
Transportation patterns and trends fundamentally influence the form of the built environment
and the quality of life of its users. The location and nature of development effects the amount
and method of travel; and the pattern of development is itself influenced by transportation
infrastructure and policies. By planning land use and transportation together (Figure 14.35) in
ways which enable people to carry out their everyday activities with less need to travel, the city
r
can reduce reliance on private car use and make a significant contribution to the environmental
/ goals set out in the city's growth management strategy and comprehensive plan.
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Revised Section 14 Urban Design
1. Goals
The City will take steps to reduce the negative Impact of motor vehicles on the quality of the
urban environment.
Enhancement programs will be formulated to provide and renew surfaces and transportation
Infrastructure In areas of special townscape value.
2. Strategies
a. Reduce reliance on the car, provide a far greater choice of modes of transportation,
and Improve the negative Impact of transporabon Infrastructure on the built
environment. There are various that meet these objectives;
• Location
Mixed-use and urban village developments are encouraged. Uses in locations
remote from their potential population catchment will be resisted if they comprise a
slogle-use or are not well served by public transportation. Use of transit-oriented
design (TOD) will be required (Figure 14.36).
• Trar. xrtation Priority and Choice
Emphasize giving pedestrians and public transportation priority In new
developments. This Includes consideration of the approaches and access to
development, and the arrangement of spaces within the site. In the case of sites on
routes well served by public transportation, it may be appropriate for developers to
make a financial contribution toward further public transportation provision
accompanied by a reduction in normal parking levels In at least part of the i
development.
• j?arking Standards
Take a balanced approach in development parking provisions while giving full
consideration to environmental quality. Areas that are well served by public
transportation may provide lower levels of parking. Regulations will emphasize the
desirability of reducing the need to travel ar Peductlon in parking requirements. In
conjunction, the Improvement of facilities fc ,ublic transportation, walking, and
cycling will be required.
• Car-Free Development
Encouragement will be given to experimental residential developments on Inner-
cityluniversity center sites, In which no car-parking provision Is made, Where
Innovative vehicles (ie. electric cars, etc.) are used, this parking restriction Is lifted
and parking Is allowed on the street for these vehicles. Such developments will cater
to noncar owners, or as otherwise stated and will be In locations with good access to
public transportation and to a range of facilities such as shops, It will be necessary
for the occupancy to be limited to noncar owners or innovative vehicle owners
(Figure 14.37).
r `
• Gar Park and Surface Design
Encourage multi-use spaces rather than single-use, dedicated parking, Dispersed r f '
parking arrangements will be favored and encouraged over mass provision. In
residential areas, on-street parking may be taken into account as part of the overall
provision where an appropriate layout is proposed. The use of alternative and varied
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Revised Section 14 Urban Design
surfacing materials will No encouraged. Parking to the rear and side of structures Is
to be used wherever possible.
• Oesian of Bridaes and Transportation Structures
Qualified and creative design Input is to be used as well as an engineering Input in
the design of transportation Infrastructure, with Interesting structural solutions, rather
than the addition of decorative detailing to a standard structure.
e Signage and Street Furniture
Encourage coordinated traffic signage and street furniture. Careful consideration will
be made of the location and design of signage and street furniture in sensitive
locations (Figure 14,38).
a Traffic anagement
Formulate traffic management measures for sensitive locations such as residential
areas, activity/mixed-use centers and conservation areas. Rerouting options will be
investigated. Options will be considered for reducing the impact of transportation
infrastructure, by minimizing As ground coverage through the narrowing of roads and
widening of footways.
• Solid Waste
Provision will be made for all solid waste containers off of the street and alley right-
of-ways and Into private areas designed specifically for those purposes. The use of
Innovative technologies when dealing with solid waste pick up, use of compactors,
and vehicle types will be explored. In existing areas of the city where solid waste
and recycling receptacles are located at street frontages, or actually on the street
pavement or within the right-of-way, new design, and provisions for these containers
will be made or alternative facilities utilized. i
• 100-year Floodoialn
The city will promote the use of roadways parallel to and outside of the 100-year
floodplaln limits to provide a natural riparian environment by establishing green
space between the road and the ffoodplaln. Green space Is required even if the
channels are Improved so that the limits of the parallel roadways may be dedicated
to the city to serve as open space, limit flood exposure, and facilitate channel
maintenance.
~ street Trees and Landscaoina
Trees and landscaping will be designed as a crucial component of all roadway
networks. The city departments will address any conflicting tree-related Issues on
city-owned properties and rights-of-ways. The city will fully consider the significant
value of trees and the urban forest when resolving Infrastructure conflicts; select and
plant appropriate tree species on public rights-of-way that maximize planting
potential while protecting the safety of the public. The city will encourage and should
require the preservation and maintenance of existing healthy native tree cover in
areas undergoing development. Maintain and enhance the city's urban forest as a A
healthy and dynamic natural resource, a system of trees and understory that thrives
and grows Mthin the context of a changing urban environment
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Revised Section 14 Urban Design
C. NEW NEIGHBORHOOD DISTRICTS 8 MIXED USE DESIGN
i
In order to meet the urban design strategies and the Intent of the comprehensive plan and
growth management strategy and plan, some new options will be developed to augment the
city's current development. To create a new model for Denton's environment, the following
guidance will move the city in the direction needed to achieve these goals and strategies.
In general, the principles apply to new neighborhoods and activity centers with a variety of
densities. The pattern of development has been called variously the urban village, new
urbanism, neotraditional planning, traditional neighborhood development, and transit-oriented
development.
I
The following principles of design and use are components necessary to develop in the urban
village form. These design principles should be followed In new development.
1. The Planning Unit j
The basic unit of planning Is the neighborhood {Figure 14.39).
2, The Neighborhood Size
A neighborhood is limited In physical size, with well-defined edges and a focused center
(Figure 14.40). The size of a neighborhood is defined as a five-minute walk or one-quarter
mile from the neighborhood edge to its center and a ten-minute walk edge to edge. Human
scale is the proportional standard for all structures and accessory components.
Automobiles are allowed within the neighborhood but do not take precedence over the
pedestrian or human needs, particularly the aesthetic functions that include a "sense of
place". These neighborhoods will typically contain transit stops and will use transit-oriented
design,
3, Corridors and Districts
Corridors form the boundaries between neighborhoods, both connecting and defining them,
Corridors can Incorporate natural features like streams and hillsides. They can take the
form of parks, nature preserves, travel corridors, railroad lines, or some combination of
these. A neighborhood or part of a neighborhood can compose a district. Districts are
made up of streets or ensembles of streets where special activities get preferential treatment
(Figure 14.41). A corridor can also be a district such as a major shopping avenue that
connects neighborhoods.
4. Mixed Use and Compatibility
The neighborhood Is mixed use and provides a variety of housing for people with various
incomes Buildings may have a varlety of functions but must be compatible with one
another In size and their relation to the street. Uses may change within a building both
vertically and horizontally. The needs of dally life will be accessible within the five-minute
walk. Retail Is Integrated with residential, commercial and even some types of
manufacturing use, though not tym'caily on the some street in a given neighborhood.
Apartments are also permitted over stores and offices. Forms of lousing are mixed, r
Including apartments, duplex, townhomes, and single-family houses, accessory apartments, h
and outbuildings. Multifamily Is typically In smaller, human-scale buildings on separate lots. r'-
(Figure 14.42)
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Revised Section 14 Urban Design
5. Definliion of Public Space
Buildings are sited carefully on their lots to define public space successfully. In other words,
build-to lines are utilized which determine how close buildings will stand to the street and
promotes regular alignment The street Is an important form of public space, and the
buildings that define it are expected to honor and embellish it (Figure 14.43 & 44).
6. Street Pattern
The street pattern is conceived as a interrelated network In order to create the greatest
number of alternative routes from one part of a neighborhood to another. The network is
gridlike. Networks based on a grid must be modified by parks, squares, diagonals, T.
Intersections, rotaries, landmarks, and other devices that relieve the grid's tendency to
monotonous regularity (Figure 14.45). The streets exist in a hierarchy from mixed-use
neighborhood collectors to narrow lanes and alleys. Limited access highways may only
exist within a corridor. Cul-de-sacs are strongly discouraged except under extraordinary
circumstances, such as cases where rugged topography requires them or large-lot uses
occur.
7. Civic Buildings and Open Space
Civic buildings, such as city halls, churches, schools, libraries, fire and police, pest offices,
and museums, are placed on preferential building sites (Figure 14,46). These sitf s include
the frontage of squares, In neighborhood centers, and where street vistas terminate in order
to serve as landmarks and reinforce their Importance. Buildings define parks and squares,
which are distributed throughout the neighborhood and appropriately designed for
recreation, repose, periodic commercial uses, and special events, such as political
meetings, concerts, theatricals, special events exhibitions, and fairs. Because streets differ
t. In importance, scale and quality, what Is appropriate for a part of the city with small houses
may not be appropriate as the town's main shopping street. These distinctions are property l
addressed by physical design. I
Open space throughout the urban village is required as a component of the neighborhood.
Use of natural preserved features to formal squares, neighborhood parks and block open
space all promote connectivity and a sense of nelghborhood within the development.
Private and public facilities reinforce the walkway and biking linkages as well as the
connections to the neighborhood center or the commercial core of the development.
Because densities are Increased within these developments with smaller private yard areas,
public open space Is a necessity that links the neighborhood together as well as providing
activity and open space for all to enjoy.
8. Architecture
Architectural guidelines may be required for neighborhoods to establish some fundamental
unities of massing, facade delineation, materials, and roof pitch, within which many
variations may function hamwnlousiy (Figure 14.47). The architectural code esiabtishas a
standard of quality for Denton's design framework and Is supplementary to the urban
design standards.
r '
9. Street Walls and Basic Design Components A
In order for a street to achieve the Intimate and welcoming quality of an outdoor room, the
buildings along it must compose a suitable street wall. Although they may vary In style and
expression, some fundamental agreement, some unity, must pull buildings Into alignment.
Buidings must be sized In proportion to the width of the street, Low buildings do a poor job
CNMY0a 11WCMnMOMIREHENSnt"SWONSIVY nVERSONIarts,o-u.rarvia.n.aeo ,.PWft Pepe 67
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Revised Section 14 Urban Design
In defining the street, especially overly wide streets. Build-to lines determine how close
buildings will stand to the street. If parking lots are necessary, they are behind or to the side
of the building. Additional rules govern building height, recess lines for upper stories,
transition lines, which denote a distinction between ground floors used for retail and the
upper story floors for offices and apartments. Zones of transition may occur between the
public spaces and the semiprivate spaces of the shop or the private spaces of the house.
Successful transitions are achieved by regulating devices such as arcades, the storefront,
the dooryard, the ensemble of porch and fence, even the front lawn. Mansions and civic
buildings merit setbacks with lawns sometimes deeply separated from the street. The scale
of these structures makes this necessary so the full architecture of the structure can be
comprehended at a human scale. A mixture of uses Is a necessity if these developments
are to work harmoniously and financially. Vertical mixes of use may occur such as
residences over shops, work-live units, granny flats or garage apartments, more Intense
densities that include retail/service uses, office, and multifamily on the upper floors.
D. SIGNA ,tom
This section focuses primarily on signage within private properties, primarily those areas
between the street and the adjacen. development's building edges. Avoiding visual clutter that
results in Information overload that actually Interferes with effective communication is
encouraged.
1. Goal
To enhance the city's urban form and quality of visual communication.
2. Strategies
a. Signs should be used primarily for Indexing or Identifying the business rather than to
a myriad of advertisements.
b, Use simple signs that are more attractive and communicate more effectively (Figure
14.49), loceted signs that are easily viewed near eye level and are less likely to conflict
with street trees. Use signs that help create a sense of human scale, warmth and
pedestrian appeal regardless of the monumental height of buildings or the length of a
block.
c. Use smaller signage sizes and proper placement to prevent tree and sign conflicts.
Rather than following a rigid spacing plan, planting In coordination with signs,
storefronts, and other existing facilities can help to reduce potential conflicts. Use
variable spacing of street trees as well as a mixture of species and tree sizes can add
Interest and appeal to the streets,
d, Use of excessive and overly large signage will be limited to mee: criteria established
within particular corridors, nodes, and districts, Signage will provide ldentification while
not detracting from the desired character of the streetscape and the character of the
neighborhood, district, node, or corridor.
a ,
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Revised Section 14 Urban benign
E. COMMUNICATIONS
1. Goals
Positive steps will be taken to achieve a better understanding and Interpretation of
community needs and aspirations by establishing processes of public participation In
formulating development specifications for significant sites in the city.
The city will establish and promote an ongoing dialogue with design professionals, the
development Industry, academic Institutions, amenity groups and other organizations to
promote the cause of good architectural and urban design In the city.
2. Strategies
a. Public participation should be used from the beginning of the design process, as a j
means of specifying preferred uses, facilities and the functional and operational
requirements of development. In this way, public participation allows urban design to
take on a social role. Encourage a balance between public participation and aR
experienced design input to create the best and most relevant schemes.
I
b. Use design workshops and community meetings to Involve local people, landowners,
developers, business leaders, and elected and appointed officials to Increase its benefits
In raising awareness of these Issues and allowing local people to actively participate in
design Issues.
a Partnerships witli academic institutions, amenity groups, developers, professional
bodies and other interested groups will be sought. Exchange promote edu'ation and
understanding, and extend the knowledge base available In the city.
F. MONITORING AND EVALUATION +
A procedure wilt be established to monitor the quality of new development in terms of Its
contribution to the urban environment, against the context of this strategy.
This strategy puts forward a new approach to design In the city's built environment. It relies on a
change of character and beliefs In the community, with design issues and particularly the
concept of sustalnability underlying a wide range of decision making. This will not be easy, but
it will be very beneficial, socially, economically and environmentally. In the past, pressure for
investment has led to an acceptance of mediocre design. Expectations must now be raised. The
production of the strategy alone will not achieve anything, It will rely on everyday decisions for
its implementation.
Monitoring of decislon-making Is required to assess the Impact of the Strategy. This will be
carried out on a regular basis by a professional with the necessary expertise In both architecture
and urban design. The monitoring wilt take the form of an appraisal of new development either
approved or built during the period, considering whether it compfies with the principles put
forward in the strategy. The appraisal shall be submitted In the forth of a written document in
part of the comprehensive plan performance reviews produced on a yearly basis. r A
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Revised Section 14 Urban Design
REWRITTEN URBAN DESIGN SECTION OPTION:
"Urban Design" is a term used to define how a community manages the physical and visual
character of its built environment. Urban design has become an Increasingly dominant Issue in
Denton in response to growth In development and construction activity. The quality of design of
the built environment can have a profound effect on the economic and social health of a city.
The quality of the surroundings where people work, live and play affects Denton's Image and
attractiveness to developers searching for high quality business locations. By contrast, a poorly
designed urban environment can be barrier to investment and economic development A high
quality environment Is a fundamental requirement to attract long-terra, high-quality investment.
The Issue of urban quality must be addressed aggressively If Denton is to achieve the quality of
development that most citizens desire.
The urban design strategy aims to substantially raise the quality of Demon's urban environment.
As the twenty-first century approaches, expectations of quality will be raised. Denton will take an
urban design leadership role within the region. A quatity-based philosophy will be adopted and
embraced. Urban design should receive equal consideration alongside concurrent objectives
related to environmental quality, social equity, economic stability, and long-term prosperity.
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Polkles
Properly developed urban design policies need to acknowledge economic realities and
functional necessities. Different areas in the city serve different purposes, so district-orlented
urban design strategies are appropriate. Practical and reasonable expectations require that {
urban design efforts be concentrated on the "public environment", a term that refers to areas
that are either physically accessible or visually prominent to members of the general public.
Denton seeks to maximize both public and private benefits by improving visual quality and
perceptions of our Image.
A. Visual quality objectives and a healthy business climate should not be considered mutually
exclusive. Urban design concepts should be incorporated Into private development plans
early into the review process. Attention should be paid to design principles that in many
cases do not increase project cost.
S. The impact of public features such as signage, electric lines, valve boxes, solid waste
receptacles, streets, curbs and gutters, sidewalks, buildings, parking lots, and parks should
be recognized as important factors in affecting community appearance, City government will
exert a leadership role In following the principles of good urban design.
C. The city's urban design strategies will be guided by the principle that the spaces between
buildings are just as Important as the buildings themselves. The fort of public spaces
should support their Intended functions, and their visual qualities should communicate the
values we feel are Important.
D. Concern for community appearance should be addressed in a comprehensive manner, % Such an approach orovides the opportunity to Integrate urban design objectives with
other
planning mechanisms, such as land use, zoning, subdivision regulations, historic
preservation, economic development, and environmental protection.
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E. Architectural diversity and creativity should be encouraged to avoid homogeneity and
sterility. Contrast and variety contribute strongly to visual interest and viewer perceptions of
quality. Implementation of design standards by the City will pay strong attention to avoid
regulations that promote sameness and stifle individuality.
F. Urban design principles should be emphasized In neighborhood revitalization plans, and
residents should help to determine social and cultural values that are reflected visually. infill
development should be evaluated carefully to promote compatibility with existing structures.
New development can provide contrast yet complement older structures.
G. Opportunities for the display of public art and practice of the performing arts should be
provided In a variety of public property venues, including parks, street rights-of-way and
public buildings.
H. The unique and distinctive cultural and architectural features of Denton should be Identified,
restored, preserved n A maintalned through a partnership between the City and private
Interests, In keep;ng with the historic preservation plan,
1. Development along major entranceways Influences first Impressions and the Image of
Denton. Good urban design should be encouraged and promoted to enhance the
appearance and perception of quality along thoroughfare corridors,
J. The City of Crenton's Image Is strongly influenced by its universities, and efforts should be
made to enhance thulr appearance whenever possible. The city should strive to encourage
more community Interaction with the universities by linking physical access between these
institutions aid public property.
K. The value of trees and landscaping should be recognized as Important features the'. strongly
influence the aesthetloi and environmental quality of the city. This recognition of value will
be reflected t t all development standards.
L. The city will c,>ntinue to view the downtown as a unique and dominant area that merits
special attention. A comprehensive downtown revitalization program, based on the
strategies of tie Texas Urban Main Street program, will be pursued to maintain the
momentum oraaled by recent improvements.
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Goals & Strategies
A. URBAN DESION STANDARDS
The most significant Improvement to be made regarding Denton's urban design pol'&n is to
Incorporate regulatory standards Into the development code that address aesthetics and visual
quality. r
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1. Goal <
Develop urban design standards to be Included as part of the city's development code. The
standards may be vary In application to different parts of the city, but In all instances, the
requirements should be tiod to a legitimate public purpose and consistently applied to all
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RvAsed Section 14 Urban Design
properties of similar nature. Specific attention should be paid to urban design elements
Including, but not limited to:
• Subdivision design
• Site design
• Building height and bulk
• Building placement
• Building orientation
• Garage orientation
• Building materials
• Fences and screening devices
• Lighting
• Outdoor storage
• Parking placement
• Compatibility with neighboring properties
• Buffering of adjacent properties
• Mechanical equipment, dumpslers, and utilities
• Landscaping
• Open space
• Signage j
2. Strategies f
a. Revise the city development code to Include urban design standards. Use land
use classifications to Impose appropriate standards upon different types of
development II.
b, Require the consideration of design standards at the earliest possible stage in 1
the development review process.
c. Incorporate design standards that maybe unique to specific geographic areas,
such as transportation corridors or redevelopment districts, as appropriate during the
development and adoption of small area plans,
d. All proposed development In the city will undergo some form of site plan and
design review. Review complexity should be proportional to the potential visual
impact of the proposed project.
i
e. Determine in advance the design standards that will apply to any given property,
and differentiate between the qualitative standards that will require discretionary
review and approval versus quantitative standards that can be measured and
administratively satisfied.
f. Detailed design standards wilt be developed for new neighborhood centers, The ,
relationships between permitted density, limited mlx of uses, adequacy of services,
and amenities will receive special attention. The Issue of buffering between existing l t
neighborhoods and new neighborhood centers will be also be addressed.
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Revised Section 14 Urban Design
g. Develop street tree standards for adoption as part of the landscape ordinance
once proper alignment of streetscape Infrastructure has been resoh~ed In revisions to
the city's subdivision regulations.
h. Develop a design strategy Intended to coordinate public appurtenances such
sidewalks, signage, utility poles, utility lines, valve boxes, and solid waste
receptacles.
i. Adopt specific urban design review processes that apply to city and other
governmental development projects.
B. VARIETY&DISTINCTIVENESS
New development should be allowed the opportunity site specific design solutions. Development
that complements and reinforces local distinctiveness stimulates visual interest and enhances
the urban character of an area. Replication of structural styles and detailing becomes
monotonous and is less appealing than compatible variety.
1. Goal
Development proposals that require discretionary review should contain site-specific design
solutions, based on an understanding of the character of the surrounding area, and should
reinforce and enhance Denton's distinctiveness. Developers should be encouraged to
utilize and invest in architectural design services that promote individualistic, creative and
distinctive design, The city and other governmental entities should also adopt such an
approach.
2, Strategies
I
a. Project design concepts should be identified and explained as Important criterion for
consideration during discretionary review processes. The appearance of proposed
development and its relationship to its surroundings should be properly communicated
and considered prior to project approval. Poor designs should be improved to
acceptable standards or rejected.
b, The city will undertake urban design studies and analyses, either Independently or as
part the small area planning program, to develop guidelines that promote variety and
distinctiveness. Different character areas within the city should be specifically Identified,
and a broad-based urban design approach that treats all properties the same should be
avoided.
c. Design rolew processes shall be structured to provide opportunities to demonsLate
alternative compliance within a reasonable period of time,
C. VISUALLY SENSITIVE LOCATIONS
i
Visually sensitive locations include unique natural or manmade areas consklererl to be a ,
important community places, historic areas, special open spaces, key entryways into the city, or
other locations that merit special consideration due to public visibility.
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Revised Section 14 Urban Design {
1. Goals
In sensitive locations, new development will be expected to demonstrate high standards of
architectural and urban design In a manner that complements or enhances the urban
context.
Architectural style, site design, and impact on surrounding propertkns should be carefully
examined when development is proposed in a sensitive location. Demolition In sensitive
locations should also be reviewed to determine the Impact of both removal and replacement
features.
2, Strategies
a. Visually sensitive locations should be Identified, geographically defined, and
protected through formal council action.
b, Development and demolition review and approval will be required for visually
sensitive locations, and will require discretionary review based on predetermined
standards.
c. The Impact of sensitive location designation on private property should be assessed
and evaluated to determine the development potential of the site.
D. PUBLIC ART
I
Public art provides a number of benefits to the city, It can create Interest, create local
distinctiveness, provide a memorable Image associated with the city or certaln districts within
the city, lend character to urban spaces, and make the urban environment more attractive.
1. Goals
Tho provision of public art will normally be expected as part of any large development
schemes.
Public art should be considered as an integral part of the design of spaces In and arouna
development. Encouragement is given to the in jolvernent of commissioning experts, so that
opportunities are available to a wide range of artistic talent
2.: vateglec
a. Public art should be encouraged as part of public and private projects.
b. Potential funding mechanisms should be explored to develop a public art program.
c. Temporary displays of public art should be encouraged to Increase awareness of its
effect and benefits.
i
d. Public art should be located in suitable locations that include el!y enryways, a ,
gateways, urban open spaces, areas of high visitation, pedestrian areas, and other
locations. Public art should be used in strategic locations to provide emphasis to places
that should be memorable.
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Revised Section 14 Urban Design
e. Public aA should be used to complement design fcct,r es of the specific location In
which M is placed.
f, Practical Issues should be considered in the design of public art such as ?
maintenance, durability, and safety.
E. URBAN DESIGN PLAN
1. Goal
A citywide urban design plan should be developed that describes the Denton community's
approach to visual quality and Image. The plan should be used as policy document to
describe ongoing efforts to coordinate urban design objectives with other public concerns
such as utilities, streets, environmental management, or parks, and should be used to
critically examine areas in need of Improvement or protection.
2. Strategies
a. The urban design plan should be used to formally identify visually sensitive sites and
locations,
b. The urban design plan should be used to Identify and map the city's character areas
that will be treated separately. Features that are significant, such as transportation
corridors, waterways, activity and mixed-use centers, large open spaces, major
development sites, historic areas, or conservation areas should be considered In terms
of visual Impact and attractiveness.
c. The urban design plan shcutd be used to rate and prioritize the sensitivity of different
sites. The development of priorities will allow the allocation of limited resources where !
they are needed most.
d. The city should develop the ability to prepare and use visual simulation techniques
as a way to evaluate specially designated projects. Private developers should be
required to provide renderings, computer simulation, or videotape simulation to all.nv
proper assessment of projects considered to be of significant visual Impact,
e, The urban design plan should be used as a device that enables the coordination of
private and public Improvements that are designed to be visually compatible.
f. Preparation and adoption of the urban design plan should be a public process, open
fcr citizen review and comment. Design workshops, public meeC-Ns, and public
hearings should be held to raise citizen awaroness and determine community consensus
regarding aesthetics and visual quality issues.
g. The urban design plan should contain a monitoring mechanism dvvlsed to provide
periodic feedback regarding plan Implementation and support.
c
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Revised Section IS Historic Preservation
Denton received designation as a Texas Historical Commission Main Street City in 1989 and
Received the National Trust for Historic Preservation "Great Main Street City Award' In 1999. In
addition, Denton's downtown was listed as a district on the National Register of Historic Pla,;es
l in 1999, having more than 120 renovated structures In the downtown area. The unique anc
distinctive cultural, historical, and architectural features of Denton should be identified, restoaed,
preserved, and maintained through a partnership between the city and private Interests, In
keeping Kith the historic preservation pten,
Policies
A. Existing neighborhoods should be protected and preserved.
B. The city will continue to view the downtown as a unique and dominant area that merits
special attention A comprehensive downtown revitalization program, based on the
sVategles of the Texas Urban Main Street program, will be pursued to maintain the
momentum created by recent improvements.
U.
Goals and Strategies
A. HISTORIC DISTRICTS
1. Goal
Identify and create additional historic and conservation districts.
2. Strateglea
The Historic Landmark Commission and city preservation officer will Identify and
recommend areas within the city limits that qualify for historic doitrlct designation. Historic
districts receive appropriate zoning classification In order to enforce and ensure preservation
of structures within the district. Potential historic district sites aurenlJy under consideration
are:
i Courthouse Square District
Congress School Distrlel
The Historic Landmark Commission and city preservation officer will identify and
recommend areas within the city limits that qualify for conservation district designatlon.
Potential consorvation district sites currently under consideration are:
a Austin-Locust Conservation District i
e Bell Avenue Neighborhood Conservation District A
The Historic Landmark Commission and city preservation officer will educate property
owners of historic district benefits and encourage participation In district development, I 1
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Revised Section 1 5 Historic Preservation
The city will designate structures having historic or cultural significance. Property owners o
designated Individual sites rr ey receive an Incentive in the form of 50 percent exemption
from city taxes for fifteen years. Plans within the historic districts will be reviewed by the
Historic Landmark Commisslon.
B. HISTORIC TOURISM
1,0041
Enhance the historic tourism potential of historic districts.
2. Strategies
a. The city will actively promote preservation as a means to increase economic, cultural
and educational diversity within the community. In the spirit of preservation, the
commission will seek to balance preservation goals with the economic realities of the
community.
b. The city will support and encourage the restoration, preservation and maintenance of
areas having historical or cultural signifrcanoe.
C. HISTORIC SITES
1. Goal
Protect Individual sites or aspects of areas identified as being of historical significance.
2. Strateglos
e. 'rh, ^:ity will encourage voluntary landmark designation as a vehicle to protect sites
sivith Nilorical significance.
b. In brose cases where structures located In the downtown 7rea do not qualify for
historic designation, encourage use of property appearance gut%.,jlines when renovating,
to maintain a consistent and aesthetic atmosphere.
c. When Improving Infrastructure within historlc districts, efforts will be made to Iden0i
and preserve historically significant features. Infrastructure construction will be reviewed
by participating departments prior to performing work.
D. ARCHEOLOGICAL RESOURCES
1. Goal
Protect remaining archeological resources.
2. Strategy
Steps should be taken to ensure that Important remains and artifacts are not disturbed
whenever possible. In some instances, mitigation may be achieved slmply through r „
documentation rather than complete preservation. The presence of archaeological remains
and artifacts may not necessarily prevent developrricnt of a site.
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Revised Section 16 The Street
The "Street" can be e inad as the most mportant, enduring public space at determ nes our
urban environment. The "Street" should be comfortable and enjoyable, as well as provide
efficient movement of people and goods.
• The street Is the single largest public space In the City and should be acknowledged
on that level.
• The street should complement the distinctive character of the neighborhood or
district whhe providing connections to adjoining neighborhoods,
• Formation of the Street will include prescriptive standards, which specify exactly how
a facility is to be built, and performance standards that describe the objectives a
facility will meet. Our "Streets` need to be aesthetically and envlronmentally pleasing
and sensitive to local ailuations and needs.
• Costs should be based on consideration of life cycle costs, level of service, and level
of risk and Impact of facility failure.
• The street has a major Impact on creating development that Is sustainable,
facilitating a walkable community, and creating a pleasant and nurturing environment
for our citizens.
t
• By better distributing the cost per household through increased densities, the cost
benefi Is of these new street requirements outweigh the Initial costs and In fact N►e
per dwelling unit cost is lower than conventional development. Public benefits
include reducing the burden of the infrastructure and the tax base as well as
Increasing in infrastructure sustalnablliy.
• The large-lot street section Is basically the same as currently used in residential
developments of all densities.
• Reductions In residential speed limits are Included benefits along with reductions In
street pavement widths, strengthened pedestrianism, traffic calming usage, and
safety factors.
In recent history, Denton has developed exclusively on the back of the single occupant vehicle.
Suburban sprawl has impacted our highways and city roadways as people find their way
through Denton on regional trips or Into Denton from ouUying areas. The largest single Issue we
face Is reducing the need to continually expand the transportation roadway system. The best
available solution is to embrace development concepts, where trips are satisfied internally using
a variety of transportation modes.
1._.
Street Development
A ~
Streets are generally classified Into freeways, major arterlals, secondary arterials, collectors and f
residential streets. Each of these roadway classifications has urdque street sections, amenities
and associated infrastructure. The development of these sections needs to provide thb basis for
sustainable development. ( {i
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Revised section 16 The Street
A. NEIGHBORHOOD STREETS AND ALLEY
Neighborhood streets should be designed in an Interconnected or grld system with smaller
( blocks and more dense development (Figure 18.1). The Interconnected system provides
multiple routes that diffuse automobile traffic ^ t' shorten walking distances. The pattern keeps
local traffic off of regional roads and regional r is off of local streets. The streets In a
neighborhood need to be designed to providr a aultably for pedestrian comfort and automobile
nrovement. Slowing the automobile and Increaslng pedestrian activity encourages the casual
meetings that form the bonds of a community. Traffic calming as referenced In the traffic
calming policy should be designed Into new subdivisions
This proposal addresses the separation caused by the conventional 'ranch home" or 'estate lot"
concept by moving the home tuward the street using build-to lines from the right-of-way. Bulld-to
lines require structures to be set at a specific line parallel to the street. The existing setback
criteria are not compatible with the creation of interaction because of the separation of the home
from the street.
Special residental lot conditions at block erids may not require streal frontages where the front
yard faces onto a green or community space and thore Is alley access to the property.
Supplemental parking Is required In this Instance within the block.
1. Residential Alley
New neighborhoods and districts with lots less than 10,000 square feet can use public alleys
for primary access (Figure 10.2), The alley will be dedicated to the public. Solid waste
service will work to serve from the alley. The alley also serves as fire protection access.
2. Residential Lane 1
This street Is designed to reduce the Impermeable area from current standards while
providing for basic access needs (Figure 18.3). This street section or the residential street
may be used at the discretion of the designer.
• Alleys required
• Use with lots less than 10," CO SF
• Access from rear lot lines
• Parking allowed one side
• Recreational vehlde storage needs occur In separate lots for that purpose
• Supplemental parking insets within the block or block ends
3. Resldentlal Street
This street Is designed to reduce the Impermeable area from current standards while
providing for basic access needs (Figure 18.4). This section has a wider right-or-way
requirement and a narrow pavement section to allow all utilities within this right-of-way. This
street section or the residential lane may be used at the discretion of the designer. r
• Use with lots less than 10,000 SF
• Parking allowed both sides ! f
• No alleys
• Access iron, .,,ared driveways
• Recreational vehicle storage needs occur in separate lots for that purpose
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Revised Section 16 The Street
4. Large-Lot Street
The large lot (10,000 SF or more) street allows on-street parking on both sides with the
travel lane In the middle (Figure 16,5). Use of pervious materials for private-car storage and
shared dr'veways Is favorable.
• Similar to current residential street section
• No alleys
• Access from shared driveways
• Parking allowed both sides of the street
5. Rural/Suburban Street
On the outskirts of the city's urbanizing area, this street section w' i be used for properties
subdivided Into one acre or more. This section will remain the same with 24 feet of
pavement and `arrow ditches along either side of the pavement.
6. Courtyard Street
The courtyard street is designed for use with either small or large-lot development (Figure
16.6). The courtyard street block length is no more than 150 feet to facilitate fire service,
No lots will have frontage at the ends of the courtyard so that clear pedestrian passage and {
view corridors can be used to connect to these systems.
• One-way street section
• Alley used for small lots
Ingress 3 egress from shared driveways at large lots
• Supplemental parking required
• Access to path system required at courtyard end
• No private lot frontage at end of courtyard
7. Cul-de-sac
Use of cui-de-sacs Is discouraged. Use of cul-de-sacs In functional street design reduces
the ability for Interconnectlvity to neighborhoods, Isolates lots, allows for only one way of
Ingress and egress from a lot and emergency access Is less accessible. New street designs
with cut-de-sacs will be severely limited In length. An alternative to the cul-de-sac Is the
courtyard street. No cul-de-sac street will be any longer In length than allowed by the
courtyard street. The cul-de-sac Is designed for use with large lot development. No lots will
havo frontage at the ends of the courtyard so that clear pedestrian passage and view
corridors can be used to connect to these systems.
• Access from shared driveways at large lots
• Access from alleys with use of the residential lane
• Supplemental parking required
• Access to path system required at cul-de-sac end
• No private tot frontage at end of cul-de-sac ,
~ t
6. Neighborhood Sidewalks, Landscaping and Visibility . ,
The sidewalk section for all residential cross sections will be 5 feet to allow two persons to
walk together (Figure te.7). Sidewalks and crosswalks will Include alternative paving
materials such as concrete and pervious paver mdterials to promote that blend into the
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Revised Section 16 The Street
neighborhood concept versus the starkness of concrete. The sidewalk section will be placed
at the rlghl-of-way line to separate pedestrians from vehiclas and to old In connecting the
residential structures. The residential sidewalks are expected to connect to other sidewalk
systems and trails.
All of the proposed residential sections will provide a minimum 6' landscaped area between
the sidewalks and the curb. Street trees will be placed In this area along with other
neighborhood specific landscaping to establish the character or theme of that district.
Corner clips for residential streets will be 15 feet.
B. COLLECTOR STREETS I
Collector streets will have multiple functions, all of which are different than residential streets.
Collectors have to play a major part In establishing coordinated transportation systems. The
collector has to provide equal or better aesthetic features to maintain the character established
in the residential areas, Larger comer clips of 25' to 50' will be provided at Intersections to
encourage lines of sight, landscaping, and adequate room for utility transitions. The residential
collector collects the traffic from residential streets and takes it to minor destinations or to
arterial streets. The lane width will beat the minimum allowed to promote slower speeds. The
collector streets complete the overall system connections of the grid pattems (Figure 15.1)
defined In the residential streets. The shorter block lengths and features such as traffic circles
(Figure 16.8) will reduce speeds to encourage the feeling of safe interactions between the
modes of transportation.
Traffic calming design techniques will be used on the residential collectors, Access
management requirements apply utilizing techniques like shared access, driveway separation,
and corner clearances to again maximize capacity while improving the aesthetic characteristics.
Right-of-way for the residential collectors will provide adequate lines of sight and promote
vertical sight clearance levels for landscaping. Special right-of-way flares are encouraged to
create special design features (Figure 16.9) such as seating areas, landscaping features, or
public art along the linear sections.
Separations caused by the conventional retail and commercial will now be rc alized as mixed
uses with vertical integration of offices, retail, and residential. The urban village concept moves
these types of structures to a determined line offset from the street right-of-way edge which
becomes the build-to iine requfremont (Figure 16.10).
1. Commercial Alley
The commercial alley section (Figure 16.11) will be used to promote better view lines,
servicing, parking access and to separate the truck traffic from the mlxed-use customers.
The alley also serves as additional fire access around the commercial structures.
2. Residential Avenue
The residential avenue will provide for an outside lane on each side for parking use and two A
traver lanes In the middle (Figure 16.12), No single family front or rear yard frontages wlll
occur along this collector street. Driveway access will be to the rear along the residential
alley where attached housing or other uses occur along this street
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Revised Section 16 The Street
• Parking both sides of the street
• No single family front or rear yard frontages
Access from the rear at the alley
3. Main Street! Mixed-Use Collector
The main streeUrnixed-use collector will have standard lane widths to promote the flow of
traffic and blend the neighborhood commercial/mlxed use center traffic that includes service
trucks (Figure 16.13). Access management regulations will apply to Improve capacity and
sight lines,
• Parking on both sides
• Single family residential lots front and rear yard frontages not allowed
• Access from the rear at the alley
4, Commercial ! Mixed Use Center Collector
Commercial/Mixed Use Center Collectors (Figure 16.14) will be provided In
commerclaUmixed use centers to provide Increased capacity, trucks, and the Interaction of
all transportation modes. These roadways will provide for four standard-size lanes with no
parking allowed at intersecticns with arterials. The right-of-way should be expanded to
provide adequate space for eight-turn lanes on and off the arterial, Alleys will be utilized for
servicing, parking access, and to separate truck traffic from the typical user,
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• 2 travel lanes with parking or 4 lanes with no parking allowed
• Single family residential lots front and rear yard frontages not allowed
• Ingress and egress from the rear at the alley
5. Miscellaneous Collector Issues
Sidewalks will be 6' feet wide, placed on both sides to create class II paths that would blend
pedestrians and bicycle traffic (Figure 1 e.15). Since one of the functions of the class it paths
is to carry bicycle traffic, the main surface of the walk should be concrete. Concrete pavers
or other like surface materials may be used when commerciallmixed use structures abut the
right-of-way line In neighborhood or commercial mixed-use centers.
Pavers, other similar paving materials, and those with rough textures that cause tire
vibration will be used to enhance the aesthetic features at Intersections, areas of interest,
special nodes and corridors, at crosswalks, at parks, and transit areas, to alert the driver that
the vehicle is In an Intersection, warning drivers to slow their vehicles (Figure 16.16).
Transit-oriented design will be Incorporated Into the overall design of ootlectors. Transit-
oriented design (TOO) features will be considered essential for high-density attached
housing, mixed-use, and commerctat or employment activity centers (Figure 16.17).
Collector streets will also Integrate a reserved planting area to provide opportunities for
landscaping and greenery for district themes.
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Revised Section 16 The Street
C. ARMIA
Arterials are classified into primary (major) and secondary. Arterials are designed to carry traffic
across a district of town (secondary) or to provide major north-south or east-west routes across
the city (major). All arterial streets should be divided with a median. (Figure 18.18)
• No parking allowed
s Reserved planting In the median and along both sides of paved lanes
a Limited ingress and egress through shared drives and connecting streets
a Off-street parking to side or rear of structures
• No residential front or rear yards adjacent to arterials
• Bike lanes required
• Transit nodes and bus queue jumpers
• Special features
1. Arterial Lanes A Access Management
Arterials will provide four lanes In the secondary classification and six lanes in the major
classification. The lanes shall be standard width except the outside lane on each side will
provide an integrated bike lane. The design of the Intersection will blend the various nodes
so that transfers and Interactions occur safely and efficiently. Access management tools will
serve to direct the traffic at collector connections with arterfals and some minimized shared
driveway connections,
D. RETROFIT AND RECONSTRUCTION
When Improvements. Repair, or reconstruction of streets are planned, every effort will be made
to reduce these amount of pavement, use traffic calming devices to slow traffic, update +
sidewalks or build new ones, and furnish landscaping where applicable. Sidewalks and planting
areas may be established In the Interim taking Into future plans that Include such features in the
future. Traffic calming devices in the interim may be used to reduce traffic speeds with
techniques such as reduced travel lane stripping or marking, and rough pavement texture insets
at Intersections and along the street. Use of new street standards is Implicit where
redevelopment, retrofit or existing neighborhoods, or reconstruction occurs.
ll.
U1111ties in the Street and Alley
All utility systems will be designed with the orlginal subdivision so that they can be constructed
prior to placing the paving course on the street or alley.
A, NEIGHBORHOOD STREETS
New neighborhoods with alleys allow the design of wet utilities under the street and dry utilities
under the alley. Utilities are not to be placed in the reserved landscape or planting area. All e
utilities, other than transmission and feeder lines, wlll be underground. Standards will be
developed that locale all utilities In a manner that coordinates design, installation and overall
construction of a development.
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Revised Section 16 The Street
Wet Utilities
Sewer lines may be placed a! the centerline of the street with water lines on one side and
storm sewers on the other side depending on site-specific conditions. Encourage the
placement of water on the north and east skies whore possible. Gas would be placed under
the sidewalk on the north or east side,
T, Dry Utilities
Electric, telephone, cable N, fiber optics, and other similar utilities may be placed In a duct
system where some reserves are made for future expansions by new companies or
reworks/upgrades by existing companies. Service connections may be consolidated except
In extreme circumstances or where there Is an odd number of structures being served. This
may requires use of joint trenches and placing lines within a set prescribed area Instead of
the continuous separation across the entire lot. This Is particularly critical for small-lot,
attached housing, rlustered, and compact developments, Street lights will be coordinated
with all other utilities and construction,
3. Special Lot Conditions
Large-lot districts and neighborhoods will have all utilities in the front right-of-way. The wet
utilities will be placed like the small lot blocks and neighborhoods. The dry utilities will be
placed In a dud bank (with expansion room) under the sidewalk opposite the gas line.
Service lines will be consolidated as much as possible to maximize the area for undisturbed
landscaping and aesthet'; Improvements. All utilities, other than transmission and feeder
lines, will be underground.
B. COMMERCIAL 1 MIXED USE CENTER COLLECTOR {
Utilities In the Collector Street right-of-way will be placed as described In the large lot district or
neighborhood of residential streets. Utilities are not to be placed In the landscape or planting
area, All utilities, other than transmission and feeder lines, will be underground.
C. Af:TERIALS
Many arterials will have to provide adequate room for transmission or feeder lines. A specific
location will be provided for these on major and secondary arterials. The right-of-way will
contain the landscape reserve and sidewalk reserve on each side and additional landscape
reserve within the median. The variable width will be based on the need for turn lanes and for
placement of utility transmission lines. Utilities are not to be placed In the landscape reserve
area All utilities, other than transmission and feeder lines, will be underground.
D. SHARED btdCT DAN"
Developers will be responsible for working with all utility companies f: ovlding service to the
neighborhood in order to address technical Issues for shared dry utility dud banks. Specific
routings, termination points, and methods must be Identified to accommodate utilities. Duct
banks will provide a rs., :mum of four reserved ducts for future expansion, upgrades, or
replacement and will be provided by the developer, 4
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Revised Section 16 The Street
t ru.
Street Aesthetics
The `Street" Is mora than just a place to move people and stow utilities. As the most intensively
used public space in the urban lands .ape, the Street should also be recognized as a social
space, a'Ihread' that can knit together neighborhoods, Institutions and business. It's design
and appearance should reflect the Importance of this space and the desired Image of the
community, Elements of this aesthetic Image Include street trees and other plants, colors and
textures used on paved surfaces, lighting, signage, public art, and site furniture. These
elements can be woven together to create a comfortable and pleasing space through which
people in vehicles, on bicycles, on ska'es, on foot or In strollers, and the handicapped may
travel.
A. MAHBIAL.$
Require the use of altemative paving materials, Including the use of different textures, pat'erns,
colors and permeability, to delineate pedesWan and bicycle paths, crosswalks, transit $148,
other non-vehicle spaces, and at major Intersections (Figure 18.22 d 23).
B. LIGHTING
Adopt standards for street and security lighting that are consistent with urban design,
environmental, public safety and transit objectives (Figure 18.24).
C. SIGNAGE
Design and adopt directional and Informational signage schemes that are effective, attractive
and reinforce a desirable Image for the City (Figure 18.25)•
D. LANDSCAPE DESION
Adopt landscape design standards that achieve urban design objectives, while allowing for
variation In style and design along different corridors, nodes and gateways and on adjacent
private property (Figure 18.28).
E. FURNITURE
Use site furniture (benches, planter seating, trash containers, drinking fountains, and other
features) to create gathering places for pedestrians within the street right-of•way (Figures 18.27,
28, 29, 6 30).
F. TRAINSI
Adopt design standards for transit stops and bus shelters that are consistent with urban design
objectives (Figure le.31 & 32).
G. 114MMAM SYSTEMS r t'~ ` 11
Use Information kiosks at strategic focal points and gathering places along the Street to I
communicate vommunity news and events (Figure 18.33).
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Rev!sW Section 16
ThQ: Street
N. FU6Ll_ C_ p~Np
Apply adopted design standards for paving, fighting, signage, and landscaping to public parking
spaces.
I. FUBL
Adopt standards to guide placement of art In public places, such as landmarks, view corridors,
pockets, traffic circles and other locations of prominent stature (Figure 18.34).
J. WHANDESIGN
Use the urban design crilerla to create relationships between the street and the structures built
adjacent to tho right-of-way line that exemplify quality design and sustainability (Figure 18.35).
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Revised Section 17 The Edge
The "Edge' addresses the relatlonshrps etween the developed parts o tho city and its
undeveloped edges. A period of rap!d growth Is projected, and significant challenges wll! h9
faced regarding Denton's "Edges" dui ing the nex120 years, The City of Denton currently holds
about 75,000 people. By contrast, areas on the perimeter of Denton will accommodate 110,000
additional persons by the year 2020. Not all of the areas that will grow are inside the City of
Denton at this time, A 3.112 mite extraterritorial jurisdiction, cr ETJ, extends outward from the
city limits, which can be annexed and made part of the city If municipal services are made
available to the annexed properties. Another boundary hat Is Important at the city's edges Is the
CCN, or Certificate of Convenience and Necessity, is an area certified by the Texas Natural
Resources Conservation Commission (TNRCC) for water, wastewater, or other utility services.
The City of Denton water and wastewater CCN s grant exclusive authority to provide these
services within specific boundaries.
Many cities grow from the center o .ward, through annexation, by extending utilities and
services Incrementally from existing points of service. As a member of the Dallas Fort Worth
metroplex region, extending water and sewer lines is very expensive and a "leapfrog-effect"
occurs when thousands of acres of undeveloped land are bypassed. Polloe and fire protection,
solid waste collection, and other services likewise experience stress when 'urban sprawl"
occurs, Should the City of Denton decline requests to provide services to properties within its
ETJ, particularly for water and wastewater services, other providers such as Municipal Utility
Districts could serve ETJ areas in place of city government, Development would then be
exempt from zoning and building code requirements, creating an environment of uncertain
density, land use patterns, and unmanaged growth.
As a member of the Dallas Fort Worth metroplex, Denton must also consider the Impact of edge
development on neighboring municipalities. Several Interlocal agreements have bsen made
with other cities such as Argyle, Corinth, and Shady Shores, and help to define boundaries l
between municipalities to the benefit of property owners near city borders, 1
When Denton's population surpasses 100,000, the ETJ will extend 5 miles from city borders,
This would raise Denton's ETJ from 165 square mites to 197 square miles. Slate annexation
statutes will be reflected in any annexation plans for the city,
L--
General Pollcles
Proaclive planning Is considered the preferable approach, and proper "Edge' planning Is
Important to define a growth management strategy that will benefit the most people. Proactive
planning requires preparation and an Investment of resources in anticipation of growth. Public
Involvement is critical to plan success, Anticipation of potential adverse Impacts of unmanaged
growth Is a key objective. The less preferable alternative Is to read to growth and Its imparts as
they happen, Adverse Impacts are typically more expensive to fix than to prevent. Proaclive
planning Is slaying a 'step ahead" of growth; reactions to growth are always a'step behlnd.'
The "Edge" po!icles are Intended to keep Denton a'step ahead."
Denton should endeavor to set finite boundaries that make sense, rather than allolvln '
annexations to set arbitrary ETJ edges. ETJ edge areas that are Isolated w pose accessibility r
problems esbasis. Political subdivisions lla adjacent to Denton such ~as vArgyle or nCorinth, are obvious
( hard edges to Denton's jurisdiction. Geographic boundaries can also be used advantageously -
D'M
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Revised Suction 17 The Edge
water bodies such as Lewisville Lake and Lake Ray Roberts represent natural barriers that
define Denton's current edges. Watershed delineation Is another method useful to determine
the feasibility of jurisdiction extenslons, because watersheds define directional gravity flow for
sewerage and drainage systems to a common point, and water quality objectives can be
addressed within individual basins, The Hickory Creek Watershed (to the west) and Clear
Creek Watershed (to the north) represent two edge basins that may help to define jurisdiction
expansion ob;ectives. Proactive planning should be utilized to perform cost-benefit analyses
whenever edge expansions are considered.
lu. _
Specific Policies
A. Essential services provided by government must be maintained at the highest levels of
quality possiblo. City services Intended to protect and preserve public health and safety
must be provided to all existing and future Denton stakeholders,
B. The growth management strategy should support the coordination of public services with
private development. Development patterns that make the most efficient use of public
services and Infrastructure should be promoted. The tine Impact of private development
should be accurately Identified and assessed In prof%ortion to public costs and benefits.
C. The community should establish development rules that are clearly stated, administered
efficiently, and enforced consistently. If developmerd :s proposed that does not satisfy all the
rules, it should not be allowed.
D. Land uses should be balanced to maintain a diverse economy and a well-proportioned tax
base. The city will provide opportunities for the development of a full array of land uses
with ;n the city.
E. Areas of the city susceptible to environmental damage, or where Infrastructure systems are
stressed, or where development would contradict city planning objectives should be
Identified and protected.
F. Zoning should be used as originally Intended, to address extreme Incompatibilities between
land uses. Zoning should be used to identify performance standards that allow land uses In
defined districts based on their ability to mitigate potential negative Impacts on neighboring
properties. A reexamination of the use of zoning as a planning tool should be conducted to
renect community values successfully.
O. Development guidelines should be established to allow a wider range of land uses to coexist
within close proximity to each other. Site design principles, aesthetic guidelines, and
construction standards should be Investigated as possible tools to promote land use
compatibility and encourage developmental diversity.
H. The location, placement, and design of public facilities such as parks, schcnls, fire stations,
libraries, or human services facilities shoud be used to create neighborhood activity centers. % i
I. Coordination of planning efforts between different units of local government should be
encouraged to save money and yield greater benefits to residents. Residential development
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Revised Section 17 The Edge
that establishes a variety of lot sizes, dwelling types, and housing prices should be
encouraged.
J. The city should be designed to accommodate people rather than automobiles. As growth
occurs, a variety of mobility systems should be given space to conned people to
destinations that are important to daily functions. Transit, bicycle, and pedestrian linkages
should be planned and Implemented to serve daily transportation needs safely and
conveniently.
K. Denton's ability to grow and expand should be IdenUfied in the city's annexation strategy.
City limits and extraterritorial jurisdiction (ETJ) boundaries should be clearly established, and
relationships with other jurisdictions should be determined through Interlocal agreements.
The annexation strategy should also reflect the costs of service provision and external
environmental Impacts associated with land located in the ETJ.
L. Denton will endeavor to protect the Integrity of neighboring communities where development
in Denton occurs adjacent to those communities.
Ill"
Strategles
A. The City of Denton will prepare an annexation plan, In accordance with state legislation and
with a minimum 3-year Ume horizon, to coordinate the availability of municipal services with
areas likely to experience development pressure at urban densities. The City of Denton
a-sexation plan will be considered a master plan that requires coordination with other
mister plans that address water, wastewater, drainage, transportation, parks, libraries,
capital Improvements programs-, and other Improvements.
i
B. The City of Denton will not encourage development at the edges of its ETJ, In recognition of
the higher costs of "leapfrog" development and haphazard "urban sprawl," An estimated 60
percent of the land area within the city remains undeveloped, and services are for the most
part reasonably available to vacant land Inside Denton. Incentives encouraging Infrll
development will be implemented, particularly within existing city limits.
C. The City of Denton will proactively annex land within its southern ETJ and other urbanizing
areas that become attractive for urban development due to evallability of municipal utilities,
and due to location within close proximity to areas being subdivided and devoloped. Proper
management of development In the urbanizing areas depends upon annexallon and
application of zoning regulations that support the recommended land use plan. Pending
anticipated changes in state law regarding municipal annexation authority and the Vested
Rights statute, the City of Denton annexation plan will Identify areas that should be annexed,
by priority, to ensure that zoning regulations will govem proposed subdivision plats and
subsequent development,
D. The City of Denton will work with adjacent municipalities to determine shared boundaries, c
and will execute interlocal agreements based upon mutual agreement that will benefit r'.
affected property owners. The municipalities along the western edge of the ETJ - Northlake,
Ponder, and Sanger - will be approached to determine if jurisdictional boundaries can be
determined through the negotiation of Interlocal agreements.
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Revised Section 17 The Edge
E. The ETJ area that extends south from Hickory Hill Road, tower Bartonville and Copper
Canyon, will not be annexed by the City of Denton. The City of Denton will provide
wastewater services In this area, and will relinquish its ETJ authority to other Interested
municipalities that are prepared to provide full services required by state annexation law.
Hickory Hill Road will be considered the southernmost boundary of ETJ that wail be
eventually considered for annexation.
F. The ETJ area that extends east from Hickory Hill Road, toward Lewisville Lake between
Highland Village and Corinth, will not be relinquished by the City of Denton unless all water
quality concerns are addressed with respect to Denton's raw water supply, stormwater
quality, end other environmental objectives. This area is not likely to be annexed due to the
extent of tk+odplaln land under the Jurisdiction of the U.S. Army Corps of Engineers.
0. The extent of westward ETJ expansion Will be analyzed In the upcoming City of Denton
annexation plan. Consideration will be given to the emrironmental management objectives
being formulated for the Hickory Creek Watershed, and the feasibility of extending ETJ
Jurisdiction Into other watersheds. Additional research will be devoted to the policy choloes
Involved In extending ETJ boundaries to the west side of Krum, Justin, Northfake, and Fort
Worth, where access to ETJ areas will prove difficult.
H. The northern edge of Denton ETJ win be determined through examination of the extent of
the Clear Creek Watershed, the jurisdiction governed by Sanger, and the Impact of Highway
1-35N. Lake Ray Roberts Is a significant resource and geographic barrier to the northeast
The Lake Ray Roberts District Plan will contain analyses as needed to prepare 'Edge'
recommendations in the northeast comer of the City of Denton ETJ,
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Revised Section 18 Schools
Whenever vaiues are discussed within a community, the quality o education is consistently
mentioned as a priority of the residents. The City of Denton Is fortunate to be served by several
comprehensive and innovative Independent school districts. The school districts are challenged
with continuing their level of service to area students in a climate of population growth and
Increasing responsibility mandated by the State of Texas.
Recent residential development activity within the City of Denton planning area has been
located primarily within the Argyle and Denton Independent School Districts. These two districts
contain almost all of the urbanizing areas and are expected to experience most of the projected
residential growth over the next several years. As development continues to move from the
southern portion of the planning area to the north, the remaining districts are also expected to
receive a share of this significant residential activity,
1_
Needs Assessment
The estimated addition of 35,888 single family and 18,430 multi-family dwelling units over the
next 20 years will have a significant impact on the districts located within the study area. This
residential development Is projected to add another 28,800 students to area schools -15,300
elementary, 8,500 middle, and 7,000 high school students. The urbanizing sub-areas are
expected to generate 85 percent of the projected student growth, a total of 24,500 school-age
children - 13,000 elementary, 5,500 middle, and 8,000 high school students.
11.
School Slting Guldellnes
The establishment of school siting guidelines will help ensure that future elementary and
secondary campuses are located, desigsied, and built In the most efficient manner possible.
They will also enable the city to work more closely with all Its school districts for the reservation
and acquisition of adequate school sites and the integration of future schools with other city
services, such as transit systems and parks facilities.
Requirements for each school site will vary by the Intended use and physical characteristics of
the property being analyzed. The specifications outlined here are intended as general
guidelines for the Identification, evaluation, and acquisition of appropriate school property.
Siting guidelines may be expressed In three categories - physical characteristics, service area,
and locational criteria.
A. PHYSICAL CHARACTERISTICS
1. Acreage
Minimum acreage requirements will be determined by the types of proposed schools and ,
their planned capacities, f A
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Revised Section 18 Schools
School Acreage Requirements by Type of Facility
Type Facility Required
Acres a Ideal Site Additional Issues
Elementary 12 to 17 acres 15 acres Must accommodate separate
parent and bus/service traffic.
Middle 25 to 35 acres 30 acres
Must accommodate off-street traffic
High 45 to 55 acres 50 acres circulation and parking.
2, Topography
School sites should not have any slope less than 2 percent nor greater than 10 percent.
Furthermore, the grade should not exceed 5 percent at all building and paving areas,
3. Drainage and Easements
Preferred sites should be primarily free from flood plain and drainage areas. Outdoor play
areas may be located within flood plain areas pending city approval of site plans; however,
all permanent structures will be located well outside flood plain areas.
The Interiors of proposed sites should be clear of easements. Utility easements may be
located along the perimeter of a site.
8. SERVICE ARgA
Service areas vary by the type of educational facility and the density of the residential area f
served. Service area criteria help ensure an equitable distribution of school facilities throughout 1
the planning area.
Service Area Criteria
Type Maximum Maximum Maximum
Facility Service Area Walkln Dletance Commute Time"
Elements 4.0-mile radius f.5 miles 30 minutes
Middle 8.5-mife radius 1.5 miles 45 minutes
HI h 9.5-mile radius 1,5 miles 60 minutes
'The maximum time a student should spend on a disWct school bus.
C. LOCATIONAL CRITERIA
Educational facilities should be located appropriately according to their intended uses and
anticipated impacts on adjacent property. Elementary, middle, and high schools each serve
significantly different populations and provide significantly different services and should be
located accordingly.
1. Elementary Schools
a. Nelohborhood Schools
Elementary schools are Intended as nelghborhoododented facilities and should be
closely tied and Immediately adjacent to the residential areas they serve. Every
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Revised Section 18 Schools !
effort should be made to Incorporate them with neighborhood faRfles such as
neighborhood parks and community centers. r
f
b. Land Use Relationships
1) Elementary schools should be immediately abutting and/or within residential
developments,
2) Primary access to each elementary site should be from a residential collector.
3) Bus service access should be separated from primary access - preferably from a
secondary site access p.e. side street).
2. Middle Schools
a. Community Schools
Middle schools are Intended as community-oriented facilities since they are intended
to serve several neighborhood areas. Middle school sites also contain outdoor
facilities - tracks, football/soccer fields, baseball diamonds, and tennis courts - that
may be incompatible with lower density residential land uses.
b. Land Use Relationships
1) Adequate buffers ere recommended between immediately adjacent single-family
land uses. Appropriate buffers Include parkland, green belts, streets, etc.
2) Primary access to each middle school should be from a residential or commercial
collector.
3) Adequate separation Is recommended between primary and secondary access -
preferably from a secondary site access (i.e. tlde street).
t
3. High Schools
a. Regional School i
High schools are located centrally to a region of the district In which they are located.
They should be Incorporated with community or regional facilities like community
parks, regional parks, or unlvemlty facilities,
b. Land Use Relationshlps
1) Due to noise, traffic, odor, light, and other similar impacts, high schools are
typically considered less compatible with single-family land uses.
2) High schools should be generally located at the fringe of commercial centers with
direct connectivity to the residential areas they serve, via the thoroughfare
network, transit connections, and/or blcycle/pedestrian systems.
3) Primary access should be from commercial collectors.
4) Adequate spacing should be provided between primary and secondary access -
preferably from a secondary site access Q.e. side street).
tr~•
Pollcles
A. The city should strive to facilitate the establishment and growth of high-quality public school ! I
systems.
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REAsed Section 18 Schools
B. Intergovernmental coordination should be facilitated to the maximum extent possible,
regardless of jurisdiction or service iesponsibililies. Efforts should be made to share resources
whenever possible, and redundaLCies or duplication of effort should be eliminated.
C. Local government projects should comply with the same regulations that are Imposed on
private development within the community. Every effort should be made to ensure compliance
on the part of city, school disVlct, and county projects.
D. The Impact of residential development on school district facilities shall be evaluated to
measure anticipated student enrollment Impact; to facilitate the reservation and donation of
adequate sites for future educational facilities; and to integrate school sites with other public
facilities including, but not limited to, neighborhood parks, pedestrian/bicycle systems, and
transit systems. Municipal development decisions should consider the adequacy of school
facilities as an Important criterion during the evaluation of Infrastructure capacity.
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IV,
Public School Goals & Strategies
A. ADEQUATE SCHOOL FACILITIES
1. Goal
Adequate school facilities should be planned and constructed to accommodate
anticipated student growth.
2. Strategies
a. The city should share development proposal Information at the earliest possible
stage to allow school districts to facilitate school district-developer contact and allow
time for discussion and mitigation of school Impacts, and develop a process to
expedite Implementation of this strategy.
b. Analyze student Impacts of proposed residential developments at the pre-design,
zoning, and plat phases. Assess and determine the adequacy of schools as an
Important Infrastructure component necessary to serve a proposed development.
Develop a consistent approach to evaluate the Impact of proposed development.
c. Encourage developers to donate and reserve adequate school sites.
d. Partner with school districts to support state legislation that would allocate adequate
funding for mandated programs.
e. Promote economic diversification in the form of commercial and industrial tax base to
Increase available funding for future school facilities.
8. LAND USE COMPATIBILITY
1. Goal f 1
A network of educational facilities should be developed that provides the greatest bereft
to the residential areas they serve.
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Revised Section 18 Schools
2. Strategies
a. Coordinate with school districts to site future schools in areas that are best equipped E
to accommodate residential growth.
b. Work with school districts to design school site access plans that mitigate negative
traffic Impacts. Devise "typical" site designs to help ensure consistency of design
and compatibility with adjacent neighborhoods.
c. Create connectivity between schools and immediately adjacent residential areas,
Elements to achieve Include:
• Comfortable pedestrian and landscape systems,
• Reliable and efficient bus systems. and
• Integrated school and parks/recreation facilities.
d. Meet architectural and urban design criteria set by the city.
C. ADEQUATE SCHOOL INFRASTRUCTURE
1. Goal
Properly timed transportation, utility, and parks infrastructure Improvements should be
planned and integrated to serve school facilities adequately.
2. Strategies
a. Develop a school site selection, assessment, and acquisition system that allows
school districts to protect confidential acquisition plans, allows assessment of
impacts on city Infrastructure prior to acquisition, enhances the city's and school
districts' ability to coordinate capital Improvements, and facilitates the pursuit of an
early site acquisition program. An interlocal agreement should be considered to
Identify the terms under which confidential information will be shared.
b. Coordinate city capital Improvements programs with school district bond programs to
coordinate the provision of adequate Infrastructure to serve all school sites.
Elements to achieve Include:
• Street Improvements Immediately adjacent to and 'aithin close proximity to
each school site,
• Sidewalk construction and rehabilitation Immediately adjacent to and within
close proximity to each school site;
• Water and wastewater line upgrades and extensions to each school 0%
• Electric line upgrades and extensions to each school site; and,
• Where possible, the davelopment of parks and recreation facilities that are
integrated with an existing or future school site.
c. Assist school districts with the evaluation of future school locations that conform with
and take full advantage of the city's long-range parks, transportation, and utility f '
master plans. + t
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Revised Section 18 Schools _
D.
1. (coal ~
Engage In collaborative projects Wth the various school districts to maximize public
funds and the functionality of public pla,xs.
2. Strategies
a. Coordinate city capital Improvement programs and district bond packages for the:
Joint purchase and acqulshion of publicly held land that may be used for city
and school district uses; and,
Development of collaborative projects like public libraries, pools, playgrounds,
athletic facilities, and education centers.
b. Maximize the use of existing city and school district facilities for muitiplo uses - Le.
after school action sites, community oducetion programs.
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Revised Section 19 Maintenance &
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The image o Erdorcement I
a community is v a t 1ty as a p ace o rv 11 w an prosper 5-4s lo s great
extent determined by the condition and appearance of both public and private properties and
structures. The degree of care applied to public and private buildings, roads, sidewalks, parks,
utilities, trees, landscaping, slgnage aM other urban features ref ect directly the vislon and
values Denton's residents hold for their city.
1.
Policies
A. All paved surfaces, including streets, alleys, parking spaces, ramps, and sidewalks within
the public right-of-way In accordance with adopted standards.
B. All signage, lighting, site furniture and transit-related improvements within the public right-of-
way in accordance mah adopted standards.
C. The city will adopt maintenance standards for public and private facilities that enhance and
support Denton's Image and appearance.
D. Provide a level of enforcement that ensures the standards are applied uniformly to all areas
and structures In the city of Donlon and that ensures the standards are not used as an
r Instrument for harassment of any person,
Goals and Strategies
A. j°_OLIC ASSETS
1. Goals
Maximize the service life and performance of paved surfaces by maintaining them In
accordance with adopted standards and practices, Maximize the life and protect the
Investment value of trees and other landscape placed In the public righlof-way.
2. Strategies
a. Develop and Implement alternative funding strategies in order to defray maintenance
cost&
b. Adopt and Implement pavement design and materials spodfiicetions that meet cost l
and performance objectives,
r
c. Ensure that paved surf cas are constructed to meet city standards ty implementing
strict quality control measures.
d. Adopt maintenance schedules and budgets to achieve performance specifications
and desired design life cycles.
ew D*n *Wce4TftOWMH1k MRM/KCTI"VVM AKSONt"I0-1a.waevOW 44 ewwo&%m mwePegs 127
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Revised Section 19 Maintenance &
Errfolrrement
e. Adopt and implement landscape design and materials specifications, Including tree
species and irrigation systems, that meet urban design, performance and life cycle
objectives.
f. Implement landscape system installation and maintenance requirements to ensure
that city standards is achieved.
g. Adopt maintenance schedules and budgets to achieve performance and life cycle
objectives in the most cost-effective way possible,
B. INSPECTION AND ENFORCEMENT
1, Goals
Promote community pride and economic values while curtailing the expansion of urban
blight. Establish measurable goals based on identified community needs. Pursue violations
actively rather than reactively. Remember that compliance Is the primary objective while
penalties and/or punishment are secondary. Routinely assess results for effectiveness by
determining whether regulations are understandable and readily enforceable. 150cate the
community of ordinances to prevent future violations.
2. Strategies
a, Ensure that all property fences are maintained In sound condition and good repair at
all times.
b. Sidewalks and driveways on private property should be maintained to be safe, free of
holes, and significant breaks cracks or changes in grade.
c. Inspect all off-street parking areas to ensure that They are maintained In good repair
to be free of holes, significant breaks or changes In grade.
d. On private structures, the city should ensures that every foundation, exterior wall,
roof, window and all exterlor surfaces are maintained In good repair and maintain the
structural integrity as exhibited at the time of original construction or comply with current
standards, whichever is least restrictive. Repairs on private structures should be made
with materials of like kind as the original construction or better.
e. Initiate a program to inspect all apartment complexes on a yearly basis.
f. Evaluate enforcement issues during the drafting of ordinances.
g. Evaluate all available enforcement options and to resolve enforcement cases r,
effectively. r A
h. In an effort to remove visual blight and public nuisances throughout the City of
Denton, specific areas will be targeted, The targeting of these areas will be limited to an
increase In officers assigned to the area due to the number of violations. Additional
cuga<.wmaca¢»rtoMOr~~NSnavUnxcrganwaaK Ecnran~raun~.waCa"W*w»FWenPage 128
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Revised Section 19 Maintenance &
F.r~orcemeYtt
target areas may bee added, as determined by " city a based on the needs of the
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community.
t. M order to educate the community of code violations, each year officers will provido
property owners and tenants with a brochure of the most common violations. This will
provide the community with proactive enforcement versus reactive,
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ReAsed Section M Public Involy tent
Public involvement is a cyclical process that includes three primary orms o communication -
notification (we tell you about it), education (we explain the options to you), and participation
(you tell us what you think about Q. Cities have traditionally shown a tendency to concentrate
efforts on notification and participation. As Is true in many areas of specialization, city planning
and development Issues have become Increasingly complex. Education has recently been
recognized as a very Important process if citizens are to be empowered to make well-Informed
comments and decisions.
Determining the appropriate level of public Involvement for different planning processes is not
always easy. Stale law requires the city to post meeting agendas, notify adjacent property
owners, and hold public hearings to hear public comments before declsi.)ns are made. A
legalistic view of public Involvement Is often too narrow to involve those affected by planning
decisions. Local procedures that extend beyond the minimums set by state taw need to be
considered to meet citizen expectations.
For example, the city recently Improved the process of notification for zoning-related public
hearings. The law requires notficallon for zone changes and other similar matters to property
owners within 200 feet of the subject property. The city has gone beyond this by notifying
residents outside the required area as a courtesy and by posting signs on the property in
question. This was done after evaluations of the benefits of improving the notificaton were In
line with the cost of providing the notice. Other opportunities to Improve public notification,
education, and participation should be explored and developed.
Polkies t
A. City of Denlon stakeholders should be invited to participate In all stages of city planning ,
processes. City staff will develop procedures that actively engage stakeholders in city
planning. This approach should extend beyond planning Into design and project-specific
activities, Charettes, which are used to Involve groups of people In project design, and
demonstration projects should be considered to obtain citizen Input before major projects
are implemented or to introduce Innovative design concepts,
B. Public Involvement should serve the planning process as an educational loot. The
comprehensive plan Is of only limited value if members of the community don't understand
what it means. Development concepts can be highly technical and complex, wid plan
should explain unusual concepts that may not be easily understood.
C. The city should find out which types of media will engage as many stakeholders In the
planning process as possible. Television, newspapers, newsletters, meetings, speaking
engagements, publications, resource centers, and other options should be used as
appropriate to communicate with as many stakeholders as possible,
D. The city must coordinate these efforts to avoid communication mover- saturation".
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c car oxvnnuwcxrMCOMnnfNCwhe non o~cTpnnwow vuwn to rn a r•oo sun n.~n.a coops rwN AnAoc Paps 130
RLmAsed Section 20 Public irwoNernent
Il.
Goals and Strategies
A. GOALS
Public participation In planning involves people who are not professional planners or
government officials, These citizens and other stakeholders review, discuss, debate, and
Influence the development of public plans, regulations, and development projects. Citizens In
Denton do take part In planning and decision-making. They have consistently shown Interest in
many community Issues. Public Involvement brings In Individuals, Interest groups,
organizations, government agencies, and corporations.
Citizens ars invited to take part In planning for several reasons:
0 Democratic government guarantees citizens the right to hava a strong voice in all !
matters of public policy. E
• Citizens often provide needed information to develop, maintain, and carry out effective
public policies. 1
Local officials need comments and ideas from those who will be directly affected by ii
proposed policies.
• Citizen Involvement educates the public about governmental Issues. It creates an
Informed community which, in turn, leads to better decision-making.
• GNIng citizens a sense of empowerment and ownership In the development of policies,
t plans, and projects create a higher level of public participation and consensus In making
government decisions.
e Citizen Involvement Is an Important means of enforcing our land-use laws. Having
citizens Informed about laws that effect them and acknowledging their right of access to
governmental processes ensures that the laws are applied property,
B. STRATEGIES
1. Planning
The best way to have strong citizen Involvernent Is to have strong planning for citizen
Involvement. A successful public participation procedure must be carefully designed and
managed,
a. Manage public Involvement as a major element of planning,
b. Provide away for the publlc to take part in each major action and to address
important community Issues In land-use decisions.
c, Develop and use formal procedures to make sure the public Is notified and Involved.
d. Provide timely and accurate Information to members of boards and commissions to
Improve the quality of public decision-making, A
e, Maintain a registry of stakeholders, Interest groups, and Individuals with expertise or
Interests In specific processes or areas. Make sure appropriate Information Is
continually distributed regarding projects, plans and development codes,
cwra~ Pegs 131
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Revised Section 20 Public Inviolvemer~t
f. In recognition of the cost of public notification, education, or particlpatlon, the city t
should provlde resources (staff and funds) to support new public Involvement processes.
g. The city should continue to recruit residents who express Interest In serving as board
or commission members. It should Improve the process if needed. Such volunteers
should continue to be recognlzed for their contribution of time and expertise.
2, Public Notification
The most common complaint from citizens about government Is 'Nobody told usl' In spite of
city efforts, people do not always get the Information they want. State law requires some
forms of media, but these don't always do a good job of getting the word out to the public.
We should add to traditional notice and hearing procedures to let everybody In the
community know about Important matters.
The following may make the message heard more widey:
a, Information should be sent to the people most likely to be affected. This shouldn't be
limited to the minimum requirements of state law.
b. Notices should be posted In conspicuous places such as public buildings, community
centers, public gathering places, the affected property, or any other koation where many
people can see them. }
c. Public Information messages should be clear, simply stated, and supported with {
photos or Illustrations when appropriate.
d. Newsletters could be distributed regularly to report on community planning issues,
major projects, upcoming meetings, and other matters of public interest.
e. A speaker's bureau should be developed, listing city officials and other well-Inrormed
persons avallable to speak before service groups, clubs, and school classes.
f. Newcomers to the city should learn Immediately about how they can take part in
public city ectivltles. They could be reached by notices placed In high-visibility sites in
high-traffic areas.
g. City staff members should work actively to provide news media with Information for
the public.
3. Public Education 1
When major planning tasks .rise, the city could create a special task force or advisory
committee should be considered. Resources should be adequate for the job, Including city
staff support.
The following are ways to educate the public,
f1, ~
a. Brlefings or roundtable discussions with key community leaders and stakeholders.
C w, DocurtrnrWAVRC*WftHtN rn rug Uararm*M VERA n mrta+d1:m ar,w aw COY&*."PwaA Page 132
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Revised Sedan 20 PlAilic I
b, Summa ea new policies and regulations or the people and groups who
participate or testify in development process. Explanatlons of the findings made by
declslon-makers to help people understand conclusions.
c, Ask schools and teachers to help get students Involved In planning and participation
on government Marty very successful curriculum modules have been developed for use
In classrooms of all ages and sizes.
d. Develop specific materials, using a wide variety of media to let citizens know more
about planning and development. Use of the public-access cable channel for
Informational tapes on growth and development Issues.
4. Public Participation
A common criticism of government Is "You didn't listen to our concerns". Strategies should
be used to get public comments so that we have dear communication and constructive use
of the public's Ideas.
a, Public meetings in neighborhoods should be a requirement before scheduled public
hearings for zoning changes,
b. The public should be invited to meal in places that are dean, safe and secure, are
handicapped accessible, and have plenty of off-street parking.
c. Times of public hearings and neighborhood meetings should be chosen to keep from
conflicting with other events as much as possible.
l d. Telephone surveys, man surveys, or door-to door Interviews should be considered
when community views are needed to gauge feelings abswt signHicani Issues.
e, Speakers from Interest groups or other a sndes should be Invited to make
presentations to the planning staff, public officials, council, boards, committees and
comrnisslons.
I. Town hall meetings, workshops, charades, and brainstorming sessions should be
considered as alternatives to audience meetings when appropriate.
1 g. Written records of public comments should be made part of the public record, and
city staff should indicate a response to each comment.
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Revised 3eatkm 27 implemenfatlon
No changes are expected in this section of the comprehensive pion. Al Information in this
section is expected to remain as printed In the July 1999 draft oomprehensive plan.
a
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cry +awcetnroo ruM «enontn~ow vUMOM ~a ass+~* d wi Ywre c. w~rw+PWM Pape 1 34
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s
All tables, figures, and text boxes (text printed within a box in a dark background) will remain the
same as printed In the July S°i, 1999 draft comprehensive plan except as noted within the text of
these revisions or as follows:
FIGURE 2.1 Populatlon Forecasts by Sub-Area Map
Revisions made to Include all annexalfons of land Into the city Ilmits that occurred
since preparation of this map in 1998.
FIGURE 3.1 Land Use Plan
Revision made to reflect City Council change of land use south of IH35E and
east and west of Teasley Lane. Land originally indicated as downtown university
core changed to reflect existing residentlaUfnfill compatibility east Teasley Lane
and community mixed-use centers west of Teasley Lane.
FIGURE 8.1 Mobility Plan Roadway Component
Revised to Include approved City Council revisions to the plan In the southwest
quadrant of the city along the east side of IH35W, a" of the proposed Loop
288, and west of the Union Pacific Railroad.
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LEGEND
Subareas L_ %
R
Roads
ty Umits 1 IV
+Ty .ti
Lakes
Urbanizing Ara In ETJ
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31A M It ETJ - t3 JIL 1~ i'h
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111
P1 oMl 4~TlON FORECASTS BY SUBAREA MAP " October • 1999 ( r
&A~hw 14 Am 4, 004 ~ Und ko" squam Yan
I >}D@nlon ar
MAN amrn'1 tr{ M /A M MMIIIw1 9= " 0a' lilt tin
t,.,tning and Develoymant 0opsrtrnrnt a Irsal►unwAwr w MCM
I 1 N Elm M Vfdrl rrr.rIMMIY a7JInr
ast
Danton,7raa11at01 rnNdA ask I rmw r%Yall?J In"
t MwrM w to A nftskd IAAAAMI M r1Y11
M401 7N 1160 IN r~ w I.r Woo Ow w to Is rtr rY/i '
LEGEND
Railroads y ~A
_ Fxabmp Roads Future Roads
Lakes
L
100 Year Floodpfain +
- OevNoped Areas of Floodptein c `s y
Future Land Usaa
RuralOistncts " t ! yy4', fA
Existing Neighborhoods /
7 Will Compabbillty
Neighborhood Callen
Downtown University Cora Districts
Community Mixed Use Centers y
Fevonal Mixed Use Comers
Employment Centers i 1
Industrial Cenhrs
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Figwo 3.1
DRAFT - CITY OF DENTON FUTURE LAND USE PLAN N OCTOBER-1999
PlanninD and Development Department
221 N Elm
Denton Texas 78201 Texas LOCAI IGo M C M21e. 5
(940) 349.8350 or 91`11M zoning mut b a° "s zonlnq repulaHona
~,~2ao
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- IWO.1rFM. '-e~e.w. ~ M.M4YM». MI ..F.4..Y.F. r •
MYM. WIM YnY~rY F.tWAM1IM111 0 .ll
• MOYMFY/NM.F.YM~ Yy M-f'a-.au..FYYNYM.YF.MW
Y1..q Y11111~YI ~ ~ FMIYF WIO.W YYrVrY~IWrN~119IO.YO11~M~Y~MI10Y
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Figure 6.1
CITY OF DENTON - MOBILITY PLAN ROADWAY COMPONENT OCTOBER Y 1"I f
CNy of Denton N
i 318 • Erpinaninb ! Transportation A
221 N Elm CIIJ
Denton, Tesu 16201
0013664166
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Apntda 06 - 044
AGENDA INFORMATION SHEET AQlrtdlplns
Dds
AGENDA DATE: October 19". 1999
DEPARTMENT: Planning & Development DD partmcnl
CM/DCM/ACM: Dave Hill, 349-8314 1
SUBJECT /
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas adopting the
Comprehensive Plan as an official policy document intended to guide future community growth and
development decision-making as authorized by Chapter 219 of the Texas Local Government Code and
the Charter of the City of Denton; providing for the repeat of all ordinances in conflict herewith;
providing a scverability clause; providing a savings clause; and providing an effective date.
BACKGROUND
A third draft comprehensive plan public hearing has been scheduled for October 19°x, 1999. Council is
also scheduled to consider adoption of the draft Plan after the public hearing has been closed.
Council Ivfembcrs last reviewed the draft Plan on October 12i°, and made several revisions as identified
in the attachments, As per Council Instructions, Council Members Kristoferson and Cochran met with
staff to make final adjustments to the Urban Design chapter. The most recent version Is included in the
attachments.
I
The Planning & Zoning Commission conducted a third public hearing on October 13a, during which
one person spoke in opposition and one person submitted written comments. For a variety of reasons,
the Commissioners declined to make a draft Plan recommendation to City Council by a vote of 5-2
(Gourd ie and Englcbrecht opposed), Among the reasonq tiled for such a decision were; the process
seems rushed, the issue ofCcnsity has hot been resolved satisfactorily, affordable and manufactured
housing issues were not properly addressed, there is still citizen opposition, the Denton community
deserves a better quality Plan, and a final version of the Plan needs to be reviewed before it Is
approved,
OATIONS
1. Make final revisions and adopt the Comprehensive Plan.
2, Make further revisions and extend public review schedule.
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RECi MIJIENDATION
The Comprehensive Plan should be adopted in a form suitable to facilitate continued Development
Code Rewrite work. Staff intends to submit a publication ready draft of the plan for review prior to
printing and public release of the final document.
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ESTIMATED PROJECT SCHEDULE
October 19'h Third City Council Public Hearing & Action
PRIOR ACTION(REVIE.W
Date fall In 19991 Draft Comp reheastvr Mn Review Act)vlty
February 23' City Council Review: Introduction, Population Forecasts, & Growth
Management Strategy Chapters
March 30'h City Council Review: Infrastructure Chapters (Transportation, Water,
Wastewater, Stormwater Drainage, Solid Waste, Electric Utilities)
April 13'h City Council Review; Parks & Open Space, Urban Design, "The Street", &
"The Edge" Chapters
April 27'h City Council Review; Historic Preservation, Public Facilities, & Economic
Diversification Chapters
May I I'" City Council Review: Environmental Management & Public Involvement
Chapters
May 21 City Council Retreal Review; Land Use Chapters (Residential, Commercial /
Retail, Civic / Institutional, Industrial, Special Districts), Recommended Land
Use Plan, Implementation Strategy, ",Maintenance / Enforcement", & School
Districts Chapters
June 22nd City Council Release of draft Comprehensive Plan for public review
Approval of Public Involvement Schedule
June 23'd P&Z Review Session (during Regular Mecting)
Jul), 14'h P&Z Review Session (during Regular Mecting)
July 21" P&Z Rcvicw Session (Special Called Meeting)
July 261h Public Meeting - Denton High School
July 20 P&Z Rcvicw Session (during Regular Meeting)
Jul), 29'h Public Meeting - Center for Visual Arts
August 2°d Public Meeting - Wilson Elementary
August 5'h Public Mewing - Borman Elementary
August 91h Public Meeting - Sam Houston Elementary
August i t'h P&-Z Rcvicw Session (during Regular Slecting)
August 12"' Public Mecting - MLK Recreation Center
August 14"' Public Workshop - Calhoun Middle School
August 25'h First P&Z Public Hearing
September 7'h First City Council Public Hcaring
September 8'h Second P&Z Public Hearing; P&Z Commissioners forwarded several concerns
to City Council, declining to make a recommendation to City Council until
revisions are made, by a unanimous vote
September 14'h City Council Revisions Work Session
September 21" Second City Council Public Hearing
September 22nd P&Z Public Hearing
October 4'h Joint City Council D1SD Board Meeting to discuss "Schools' Chapter r
October 12'h City Council Work Session
Oclobcr 13'h Third P&Z Public [fearing: P&Z Commissioners forwarded several comments
to City Council, declining to make a recommendation to City Council, by a vote
of 5.2 (Gourdie and Englcbrechl opposed)
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FISCAL INFORMATION
The draft Comprehensive Plan has been produced using existing city staff resources once the Growth
Management Strategy was completed and approved by City Council
The Comprehensive Plan, upon adoption, will influence significant public and private investment and
funding decisions for several years into the future.
ATTACHMENTS
Attachment A: Summary of Draft Comprehensive Plan October 12'" Work Session revisions
Attachment B: Draft revised Urban Design Chapter
Attachment C: Revised Draft Comprehensive Plan updated to reflect October IP Work Session
Revisions and revised Urban Design chapter
Attachment D: Draft Ordinance
Respectfiilly submits
Dav ill
ssistant City Manager, Development Services j
evi Ainn
aln Comprehensiv ing Manage r
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Exhibit D
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ADOPTING COMPREHENSIVE
PLAN AS AN OFFICIAL POLICY DOCUMENT INTENDED TO GUIDE FUTURE
COMMUNITY GROWTH AND DEVELOPMENT DECISION-MAKING AS AUTHORIZED
BY CHAPTER 219 OF THE TEXAS LOCAL GOVERNMENT CODE AND THE CHARTER
OF THE CITY OF DENTON; PROVIDING FOR REPEAL OF ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton initiated the Denton Plan process in Jul),
1997; and
WHEREAS, the City Council adopted a Community Vision Statement and Plannin; Policies
on April 7", 1998; and
WHEREAS, the City Council adopted a Growth Management Plan and Strategy on January
19`n 1999; and
WHEREAS, the City Council has determined that a Comprehensive Plan is necessary to guide
future decision-making related to growth and development of the Denton community; and
WHEREAS, Chapter 219 of the Texas Local Government Code authorizes Texas
municipalities to create and adopt comprehensive plans; and
WHEREAS, the powers granted under Chapter 219 are for the purpose of promoting sound
development of municipalities and promoting public health, safety, and welfare; and
WHEREAS, the City Council of the City of Denton may adopt a comprehensive plan for the
long-range development of the City, and may define the content and design of a comprehensive plan;
and
WHEREAS, a comprehensive plan may include but is not limited to provisions on land use,
transportation, and public facilities, may consist of a single plan or a coordinated set of plans organized
by subject and geographic area, and may be used to coordinate and guide the establishment of
development regulations; and
WHEREAS, the City of Denton may define, in its charter or by ordinance, the relationship
between a comprehensive plan and development regulations and may provide standards for
determining the consistency required between a plan and development regulations. i
WHEREAS, a comprehensive plan may be adopted or amended by ordinance following a (a'-
hearing at which the public is given the opportunity to give testimony and present written evidence
and, if one exists, review by the municipality's planning commission or department; and the City of
Denton may establish, in its charter or by ordinance, procedures for adopting and amending a
comprehensive plan; and
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WHEPEAS, the comprehensive plan does not limit the ability of the City of Denton to prepare
other plans, policies, or strategies as required; and
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w7IEREAS, a map of a comprehensive plan illustrating future land use contains the following
clearly visible statement: "A comprehensive plan shall not constitute zoning regulations or establish
zoning district boundaries."; and
WHEREAS, the City of Denton conducted more than twenty-five public meetings and public
hearings devoted to public review, comment, and revision of the draft comprehensive plan; and
I
WHEREAS, the City of Denton Planning and Zoning Commission conducted three public
hearings to hear citizen comments regarding the City of Denton Comprehensive Plan, and on October
12`", 1999 declined to make a recommendation regarding the Comprehensive Plan to the City Council;
and
WHEREAS, prior to the adoption of the comprehensive plan, the City of Denton City Council
conducted three public hearings and heard citizen comments and gave the public the opportunity to
give testimony and present wTitten evidence regarding the City of Denton Comprehensive Plan, and
conducted several work sessions to review and revise the Comprehensive Plan, and it is the intent of
the City Council to adopt the Comprehensive Plan;
NOW TIIEREFORE
TH E CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the findings set forth in the preambles to this ordinance are true and correct I
and are hereby adopted. II
SECTION It The Denton Comprehensive Plan 1999-2020, attached hereto as Exhibit A. is
hereby adopted as the comprehensive land use and land development plan to be used as a guide for
planning and land use decisions in the manner and for the purposes stated therein until such time as it
is repealed or hereafter amended. It is the intent of the City Council to implement the land use and
growth management policies of the comprehensive plan through the adoption of consistent zoning an_,
development reguNtiors and to promulgate standards by which development decisions can be
revicwcd for consistency with such policies.
~ T QN-U Th. Community Vision and Planning Policies adopted by City Council on
April 7' , 1998, and Growth Management Plan and Strategy adopted by City Council on January 19'",
1999, are hereby incorporated and adopted as part of the comprehensive plan, and are no longer
recognized as separate adopted planning documents of the City of Denton. In the event of any conflict
between these documents, the Denton Comprehensive Plan shall control.
SECTION IIV, The Denton Comprehensive Plan may be amended by ordinance by the City 4
Council, upon prior receipt of an advisory recommendation from the City of Denton Planning & ! -
Zoning Commission. A minimum of one public hearing must be held by the Planning & Zoning
Commission and City Council before taking action on pr.-posed amendments. The City of Denton City
Council may further define by ordinance the conditions'under which proposed amendments to the
Comprehensive Plan will be evaluated and considered.
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SECTION V. That this ordinance shall repeal the Denton Development Guide and the 1988
Denton Development Plan, and these documents are hereby replaced and superseded by the attached
Denton Comprehensive Plan. In addition, 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 VI, 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 decla-rs that it
would have enacted the remaining portions despite any such validity.
SEQTION VIh That this ordinance shall become effective, after its passage and approval, on
October 19', 1999.
PASSED AND APPROVED on this the _ day of ,1999.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
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BY: r "e, i
HERB PR UT , CITY ATT EY A
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AGENDA INFORMATION SHEET 4endsNo. R9.04&
Agenda Rom i
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AGENDA DATE: October 19, 1999
DEPARTMENT: Planning Department
ACM: David Hill, 349-8314
SUBJECT -South Teasley Lane (Z-99-039)
Hold a public hearing and consider adoption of an ordinance zoning an approximate 37 acre tract
to approximately 35 acres of One-Family Dwelling (SF-7) and approximately 2 acres of
Neighborhood Services (NS) zoning district and land use classification. The property is located
on the east side of Teasley Lane, approximately 700 feet south of its intersection with Hickory
Creek Road. Single family residential and neighborhood-oriented services development is
proposed. The Planning and Zoning Commission recommends approval (6-0) with conditions.
BACKGROUND
The petitioner requests the property be zoned with a permanent land use classification of
Neighborhood Services conditioned (NS[c]) zoning district on 1.73 acres and a One-Family }
Dwelling 7 (SF-7) zoning district on 35.37 acres. There is a 0.07 acre difference in the amount
of land being annexed and that being zoned because a previous annexation that extended the city
limits south along Tealsey Lane included the western most five feet of the subject property,
reducing the acreage to be annexed at this time. The legal description for A-88 annexation +
references the legal description of the prior annexation(s) to avoid any overlap of property being
annexed at this time (as is customary for all annexations).
The proposed Neighborhood Services conditioned (NS[c]) zoning district is located at the
northwest corner of the property (see page 13: Attachment 1 - Enclosure 4). The applicant has
proposed to restrict the permitted land uses within this area (see Attachment 3 - Exhibit B). The
property is currently undeveloped except for a dilapidated barn, which is no longer in use. The
future extension of F.M. 2499, which is identified as a primary major arterial by the DMP, will
run across the eastern portion of the property (see Attachment 1 - Enclosure 2).
The proposed development t f this property will require several public improvements;
L Dedication of right-of-way along Teasley Lane and the proposed arterial.
2. Construction of sidewalks.
3. Construction of internal streets.
4. Construction of turn lanes.
5. Participation in construction of a traffic signal. r
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6. Storm water drainage improvements.
7. Installation of fire hydrants.
8. Dedication orpubtic utility casements.
9. Extension of water and sewer lines.
10. Construction of underground electric utility facilities.
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The proposed single-family subdivision will be subject to the park dedication and park
development fees in accordance with the Park Dedication Ordinance (Ord. 98-039).
PRIOR ACTIONIREVIEA
The following is a chronology of Z-99-039 (South Teasley Lane):
Application Dale - May 11, 1999
DRC Date(s) - None
P&Z Date - August 11, 1999
ESTIMATED PROJECT SCHEDULE
This properly must be platted before any development can occur.
FISCAL INFORMATION
Development of this property will increase the assessed value of the city, county, and school
district. It will require no short-term public improvements that are the responsibility of the city.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (6-0). Conditions were attached to
the Commission's recommendation of approval for the requested zoning districts. Three
conditions were attached to the Neighborhood Services (NS) zoning district:
1. That permitted land uses be restricted as proposed by the applicant (see
Allachntent 9 - Exhibit B).
2. Lighting on the property shall be designed and maintained so as not to shine on
l or otherwise disturb, surrounding residential property or to shine and project
upward to prevent the diffusion into the night sky.
3. A detailed (site) plan must be approved prior to any development.
One condition was attached to the requested tmc 1"amily Dwelling (SF-7) zoning district:
I. That the 100 year lloodplain on this property shall be dedicated as a
drainage easement to preserve open space.
PUBLIC NOTIFICATION f \ r
Three (3) property owners within two hundred feet were mailed legal notices of the zoning
request and seventeen (17) residents within five hundred feet were sent courtesy notices
informing them of both the annexation and zoning requests (see Attachment I - Enclosure S).
No responses have been received, A neighborhood meeting has not been held.
G
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ATTACHMENTS
1, Planning and Zoning Commission Starf Report rot Z-99-039, August 11, 1999
2, Planning and Zoning Commission Minutes for A-fib & Z-99-039, August 11, 1999
3. Draft Ordinance
Respectfu y sub ' ted:
Do a n
Assistant Director of Planning and Development
Pre ed by-. A, AA.
3n Irv
Wayne Re
Planner ❑
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ATTACHMENT 1
Ap«rd1 W
PLANNING AND ZONING COMMISSION DW -
STAFF REPORT
Sublect: Teasley Lane Near Hickory Creek Case Number: A-882-99-039
Staff: Kathryn Nilssen Agenda Date: August 11, 1999
Hold a public hearing and consider making a recommendation to the City Council concerning the
voluntary annexation and zoning of 37.11 acres of land to two (2) acres Neighborhood Services
with Conditions (NS(c)) and thirty-five (35) acres Single-Family 7 (SF-7) zoning district.
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LOCATION MAP
Location: The subject property is located on the east side of Teasley Lane approximately 700 feet
south of Hickory Creek Road.
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Size: 37.11 acres J A i,
Newt
4.
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Applicant: Mark Weatherford Owner: John Whatley-Don Whatley-
4008 University Blvd. Nancy Ann Smith
Dallas, Texas 75205 2008 Switzerland Ave.
Plano, Texas 75025
The developer Is requesting to be annexed Into the City of Denton and conburrentiy zone two (2) acres
Neighborhood Services with Conditions (NS [c)) and thirty-five acres (35) One-Family Dwelling (SF-7)
zoning classification and land use designation for this 37.11 acre property. As proposed, the
Neighborhood Services (NS) zoning district area would cover the northwestern comer of the property
and the remaining 35.11 acres would be for residential lots,
The general policy of the city Is to assess on a case-by-case basis the annexation of areas in the
extraterritorial jurisdiction (ETJ) when significant developments are proposed, occurring, or likely to
occur in the near future, according to Section 3435, concerning annexation, of Chapter 34
(subdivision and land use regulations) of the Code of Ordinances.
I
f An annexation schedule was approved by City Council on July 27th (See Enclosure 1). The process
Includes three public hearings to provide opportunity for public input two before City Council and
another before the Planning and Zoning Commission. After the public hearings, City Council will
officially initiate the annexation proceedings by voting to approve the request, including two readings
of the proposed ordinance. Approval requires a four-fifths vote (8 out of 7) in-favor. City Council held
the first public hearing on August 3, 1999. Upon Planning and Zoning Commission action, City +
Council will conduct a third public hearing (second for the Council) on August 17, 1999, and then
Initiate the formal annexation procedure on September 7, 1999, and conclude on October 19, 1999.
The property owner has requested to zone the subject tract concurrent with annexation. Section 35-
14, concerning platting property not permanently zoned, of Chapter 35 (zoning regulations) of the f
Code of Ordinances states the policy of the city Is "If the Planning and Zoning Commission holds a
hearing on proposed annexation, it may, at its discretion, at the same time hold a public hearing upon
the permanent zoning that is to be given to the area or tract to be annexed and make recommendation
on both me..ers to the city council so that the city council can, if it desires, act on the matter of
permanent zoning and annexation at the same time
If the city chooses not to annex this property, 4 may still develop In the City of Denton's extraterritorial
jurisdiction (ETJ). Residents living In the ETJ still attend DISD schools and pay school taxes as well
f as county taxes, however would not be liable for city taxes. If in the ETJ, the development will not be
subject to any zoning regulations, but will have to comply with the City's subdivision and land
development regulations. City utilities will be provided through private contract to the development, ,
at an Increased rate. Police services would not be provided and emergency medical services would
be provided by the Denton fire department. All other city public facilities will be accessible to these
residents.
Cut arc paste D 6 Y rpwrt,dr
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1988 Denton Development Plan Analysis
The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area.
These areas are intended to be developed primarily for single family residential development.
Neighborhoods are to be serviced by a network of small eommercial/retati 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 of the 1988 DDP;
however, inconsistent with the trip Intensity standards. The approval of annexation and the
requested single-family zoning would ensure that the property remains consistent with the City's vision
for this area. Staff suggests that the Neighborhood Services (NS) be developed to serve the daily
needs of the surrounding neighborhoods and restrict the use as much as possible !n order to ensure
compatibility.
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 4998 DP. The Growth
Management Plan Identifies this area to be residential. There is existing residential development to
the west and this request for Single-family 7 (SF-7) would maintain and continue this pattern and also
allow for a variety of lot sizes as provided for In the Comprehensive Alan. Again, the Neighborhood
Services (NS) zoning district uses should address the daily needs of the surrounding neighborhoods.
This type of development would support the Draft Land Use Map as it defines this area as
Neighborhood Centers.
~SP,ECi•14L~I1~~,~ORh~AT~Q „ ,
1, Transportation
A. Trip generation
The proposed development would generate approximately 1,341 trips per day if built out with one
hundred and forty (140) homes (4.0 lots per acre is an estimated average number of lots for SF-7).
The 1988 Denton Development Plan provides for Neighborhood Service Centers (small nodes of
nonresidential establishments) that typically offer convenience goods and services at the
neighborhood level (with considerations on access and spacing). This development provides for these
standards and, by limiting the number of uses allowed In the district (See Enclosure 7), will further
reduce trip generation.
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B. Access
At this time, the proposed development would have one (1) access to Teasley Lane meaning the
residential development and the Neighborhod Services (NS) district would be required to tie Into that
local access in order to enter and exit onto Teasley proper. The proposed FM 2499 route cuts through l 1 '
the eastern portion of the property and this would offer another direct access to the residential portion
and an indirect access to the Nelghborhod Services (See Enclosure 2).
Cut and Date D & i report.doc
6.
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C. Pedestrian Linkages
Sidewalks along all public streets are required.
2. Utilities
There are existing water and sewer lines that would be extended to serve the development (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.
4. Signs
As per the sign ordinance.
5. Off-Street Parking
New development must provide parking according to the regulations of Chapter 35 (35-301) of the
Code of Ordinances. Eacti single-family lot shall provide two off-street parking spaces. The parking
requirements for the Neighborhood Services (NS) would be dependant on the use.
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), and buffering and
screening between residential and nonresidential uses.
7. Open Space and Recreational Areas
This residential development will be requires 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.
PROPERTY H,ISTORY,IMMU
The subject property is located withln the City of Denton's extraterritorial jurisdiction (ETJ) (See
Enclosure 4).
The property would need to be platted prior to any development.
Notice of the zoning request was published in the Denton Record-Chronicle on August 1, 1999. Three
(3) property owners were notified of the request by certified mail and seventeen (17) courtesy notices
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Gd a 1 Pest,e P R 2 rererI &-c
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were mailed on July 26, 1999 (See Enclosure 4). Informational signs were placed on the property
prior to the first public hearing held before the City Council. As of this writing, theie have been no
responses to the request. No neighborhood meeting has been held.
ANNEXATION: Staff recommends approval of AM for annexation. The annexation service plan
(See Enclosure 6) Indicates that the area can be served. If the property Is not annexed, utilities and
services would still serve it, but city taxes would not be collected. The request Is generally consistent
with both the 1988 DD
P policies and the 1998 DP policies.
ZONING: Staff recommends approval of Z-99-039 for Single-family 7 (SF-7) zoning district
designations. The request is consistent with both the 1988 DDP policies and the 1998 DP policies.
The proposed development provides for compatible land uses and protects existing land uses. In
addition, the proposed subdivision provides for a mixture of lot sizes when compared with the
surrounding land uses. Staff also recommends approval of the Neighborhod Services (NS) zoning
district with Conditions (which are offered and agreed to by the applicant). Those conditions are as
follows:
t. The uses be restricted as listed In Enclosure 7.
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. Site plan must be submitted and approved prior to development.
"MOTIOfJ
ANNEXATION: i move to recommend approval of A-88 finding that:
1. It is consistent with the 1988 Denton Development Plan;
2. It is consistent with the 1998 Denton Plan and Growth Management Plan;
ZONING: I move to recommend approval of Z-99-039 with the conditions as outlined by staff Ending
that
1. It is consistent with the 1988 Denton Development Plan;
2. It is consistent with the 1998 Denton Plan and Growth Management Plan;
3. It provides for compatible land uses;
4. A mixture of lot sizes; and
5. The opportunity for neighborhood type services.
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1. Recommend approval as submitted.
2. Recommend approval with conditions.
3. Recommend denia: ,
4. Postpone consideration.
5. Table item.
I Cut and Paste P & Z report.doc
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1. Annexation Schedule.
2. Denton Mobility Map.
3. Utility Map.
4. Zoning Map.
5. 200 - 500 Foot Buffer Map.
6. Annexation Sen';ce Plan.
7. List of Prohibited Uses for Z-99-039 Nelghborhood Services dis riot.
8. Vicinity Map.
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ENCLOSURE 1
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VOLUNTARY ANNEXATION SCHEDULE: A-88
TEASLEY LANE NEAR HICKORY CREEK
May 11, 1999 Staff receives annexation petition. Before staff can Initiate
casework, pettioner requests staff to wait while the petitioner
conducts further research. On June 21, 1999, the petitioner
requests that staff resume proceedings.
July 27, 1999 City Council receives a preliminary assessrpent, gives direction to
staff and considers approval of a schedule for public hearings
regarding the proposed annexation.
a Preliminary Annexation Assessment prepared.
o Annexation Schedule prepared.
August 3, 1099 City Council conducts first public hearing.
• Public notice must be no less than 10 drys and ro more than
20 days before public hearing.
n Annexation Study prepared and available for public review.
o Service Plan prepared and available for pubr c review.
August 11,1999 Planning and Zoning Commission holds a public hearing and
considers making a recommendation to the City Council regarding
the proposed annexation and the proposed zoning.
• Public notice must be no toss than 10 days before public
hearing.
August 17, 1999 City Council conducts second public hearing.
• Public notice must be no less than 10 days and no more than
20 days before public hearing.
September 7, 1999 City Council by a four-fifths vote insttutes annexation
proceedings.
First reading of annexation ordinance.
• Action must be more than 20 days aftor the second public
hearing but less than 40 days from the first public hearing.
October 19, 1999 City Council by a four-friths vole takes final action.
Second reading and adoption of the annexaton ordinance.
City Council holds putiic hearing and considers approval of
zoning request.
• Council action must be more than 30 days after publication of
ordinance and less than 90 days after council institutes A
annexation proceedings. Cr
i. 10.
ENCLOSURE 2
3
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A-88 Teasley Lane Near Hickory Creek NORTH
SITE
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OAKMONT
y SITE
DENTON MOBILITY PLAN MAP
A/ Freeways
Nrlmary Major Arterla!s
000 %4 ' 0' ,I , Secondary Major Arterlals
Collectors
Scale: None
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ENCLOSURE 3
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A-88 Teasley Lane Near Hickory Creek NORTH
SITE
M !
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EXISTING UTILITIES MAP
Hydrants
Water Line (W. L.)
• Sewer Lino (S. L.)
41 i c.
rt~\
Scale: None
12.
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ENCLOSURE 9
A-88 Teasley Lane Near Hlckory Creek NORTH
SITE
r
A ETJ
ETJ
A ETJ PD-111
ETJ
ETJ . .
•
•
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ZONING MAP
zO~NOIJ( bISTf~1C~~C1~ 35Ac0.~S) S CKs~
Scale; None
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ENCLOSURE 5
•
Z-99-0391A-88 Teasley Lane Near Hickory Creek NORTH
SITE
777 F FVF--~ IF p
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WW
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7 .v •
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200 - 500 FOOT BUFFER MAP
Seale; None
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ENCWSURE 6 i
ANNEXATION SERVICE PLAN
CASE NUMBER: A48 (Teasley Lane Near Hickory Creek)
AREA: 37.11 acres
LOCATION: East side of Teasley Lane approximately 700 feet south of Hickory Creek
Road in the City of Denton's Extraterritorial Jurisdiction (ETJ).
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 !
L Police service, including patrolling, response to calls, and other routine fumcdons, will
be provided to the property on the effective date of the annexation using existing
personnel and equipment.
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B. Fire Protection
1. Fire protection (within the limits of existing hydrants) and emergency medical services
will be provided to the property on the effective date of the annexation using existing
personnel and equipment,
C. Solid Taste Collection
1. Solid waste collection service will be provided to the property on the effective date of
t're annexation using existing personnel and equipment.
D. WaterAN'astewster 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 w;li be begin on the
effective date of the annexation using existing personnel and equipment.
E. Roads and Streets
1. Maintenance of roads and streets, including road and street lighting, in the area to be
annexed will begin on the effective date of the annexation using existing personnel and
equipment.
2. Upon development of the area, roads and streets will be extended to the property In
accordance to tyre Denton's Mobility Plan and the appropriate provisions'of Article III of
Chapter 34 of the Code of Ordinances.
F. Parks and Recreation Facilities
L Maintenance of parks, playgrounds, swinuninll pools, and other recreational facilities in
the area to be annexed will begin on the effective date of the annexation using existing /
personnel and equipment. However, there are no existing parks, playgrounds,
swimming pools, and other recreational facilities in the area.
f 5 5};X,I110.Y S}.RV I(t Yl.,I,V Ara'
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ANNEXATION SERVICE PLAN
(A•88) Teasley Lane New Hickory Creek t:
C. Electric Facilities
1. Electric utility service will be provided on the effective date of the aruiexation using
existing personnel and equipment.
H. Library Services
1. Library services will be provided on the effective dale of the annexation using existing
personnel and equipment.
1. Code Enforcement, Building Inspections and Consumer Health Services
1. Code enforcement, building inspections and consumer health services will be provided
on the effective dale of the annexation using existing personnel and equipment.
J. Planning and Development Services
1. Planning and development services will be provided on the effective date of the
annexation using existing personnel and equipment. The Planning ar,d 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 rtandards and
professional studies.
(2) The overall cost effectiveness of providing a specific facility orimprovement. I
The annexed area will be considered for CIP improvements in the upcoming CIP plan. This
property will be considered according to the established guidelines.
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c. 16,
co ENCLOSURE 7
NaIUUBrnood serving Distriat
3.
PERMITTED Dses:
Primerv Ae idential Uses
One Family Dwelling Restricted,
as ~-Z-wv
Educa ionala rnstttutional & Sae(Iial U es
Art Gallery or Museum E
Church or Rectory
College or University or Private School
Community Center (Public)
Day Nursery or Kindergarten School
Group Homes
le s
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
oeaauionai sexes
Park, Playground or Public Community Center
School, Private Primary or Secondary
School, Public or Denominational.
School, Business or trade
j(rili~y. Accessory and incidental Uses
Accessory Building
Community center (Private)
--Eleetriml -b
Fire Station or Similar Public Safety Building
Home Occupation
Rpvwree...li~uai q-ckat~tor~., . .
Telephone, Buein face
Telephone Line and Exchange switching or Relay Station
vw~
Recreational and Entertainment Usas
Public Park or Playground
Public Play field or Stadium
Swim or Tennie Club
17,
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` ux8n Neig~borhoo8 6•erviaae eietriat [aontinu°41
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Transpor+ation Related Uses
4
or Itight of ".7
i
Retail and Rervice Toe Uses
Bakery or Confectionery Shop. (Retail)
Cleaning and Pressing Small 9hop•and Pickup ,
Custom Personal Service Shop
Drapery, Needlework or Weaving Shop
Florist or Garden Shop
Handicraft Shop
Laundry or cleaning Self Service
offices, Professional and Administrative
Retail Stores and Shops - 4,000 square feet or less
Studio for Photographer, Musician, Artist or Health
Ag S .iul ural Type Uses
PERMITTED USER VXTH APPROVED RpEdiYIO Vag VVRMITI
Educational. Institutional 6 Rneoial Uses
cemetery my Ne---
Ut{lity, Acceasozy and incidental Uses
Transportation Related Uses
Retail and Sentiea'rypa Uses
Antique bhop
cafeteria
Restaurant
Retail Stores and Shops - over 4,000 square feet
Agri +1 +rAl TYRO UMA
Greenhouse or Plant Nursery
18.
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• ~~HB~~ NeiQ2~t>nr~eeA eervieas Diskriet taentintiadl_ ,
Y1RD RE UIREMuTBt
Front Yardt Minimum 25 feet.
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Side Yards No side yard is specified for non-residential use
except where- & non-i.esiddntial use abuts upon a
district boundary lira dividing such districts from
a'residentJV district or' when the side•.yard is-
ad j scent to the street-, ' in "icS , event a' ten
foot side yard shall be provided.
Rear Yards No rear year is specified for non-residential use
except share retail, commercial or industrial uses
back upon 's oommon district line, whether separated
by an allay, or riot, dividing the district from any
of the residential districts listed, a minimum of
ten (10) feet shall be provided.
$&19BT RVOULATT6N61
Two (2) stories, except that cooling towers, chimneys, HVAc
structures may extend to a maximum of 45 feet..
AREA mauLATIONBt
Floor area ratio, building coverage, lot size, lot dimensional
No Standards
SUPPLEMENTAL REGULATIONBI
1. Parking (Based on use. See Article 34-115.)
2. Signs
3. Lighting
4. Landscaping
5. Screening and Fencing
A. U
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ENCLOSURE B
A-88 Teasley Lane Near Hickory Creek NORTH
SITE
i~ Oakmont
Country club
w I,
Hickory Creek Ranch
• s.
VICINITY MAP
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Seal*: None
1. 20.
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ATTACHMENT 2
Planning and Zoning Commission Minutes
August 11, 1999
Page 4 of 6
Planned Development, (Z•99-055. Robson Ranch Water Reclamation Plant, Larry
Relchhart)
Motion by Salty Rishel and : econded by Perry McNeill to recommend approval to City Council,
'Discusslon of Item Is Includes In Court Reporter's transcript attached to this set of minutes
(Page 139).
Motion carries 6-0.
PUBLIC HEARING -ANNEXATION
41. Hold a public hearing and consider making a recomrnendatlon to City Council
cone-wning the voluntary annexation and zoning of 37,11 acres located on the east side
of reasley Le-oa approximately 700 feet south of Hickory Creek Road in the
extraterritorlil jurisdiction of the City of Denton, Texas., (A-88, and Z-99-039, Teasley
Lane Near Hickory Creek, Kathryn Nilsson)
a. Consider making a recommendation to City Council concerning the vuiuntary annexation.
(A-88, Teasley Lane Near Hickory Creek, Kathryn Nilsson)
Motion by Susan Apple and seconded by Elizabeth Gourdie to recommend approval to City
Council.
*Discussion of item is Included In Court Reporter's transcript attached to this set of minutes
(Page 139)
Motion carries 6.0
b. Consider making a recommendation io City Council concerning the zoning of two (2) 1
acres to Neighborhood bnrvices (NS) zoning district and thirty-five acres (35) to a One-
Family Dwelling 7 (SF-7) zoning district. (Z-99.039, Teasley Lane Near Hickory Creek,
Kathryn Nilsson)
Motion by Elizabeth Gourdie and seconded by Salty Rishel to recommend approval to City
Council.
'Discuss on of Item Is Inck ded In Court Reporter's transcript attached to this tot of minutes
(Page 139).
Motion carries 6-
12 Hold a public hearing and censlder making a recommendation to City `ii
concerning the voluntary annexation and zoning of 4621 acres generally located at the
southea3t corner of Nowlin Road and Robinson Road in the extraterritorlsijurlsdiction of
the City of Denton, Texas. (A-91. Kirby Tract, Larry Reichhad)
a Consider making a recommendation to City Council co,uerning the voluntary annexation.
(A-91. Kirby Tract, Larry Relchhart) A
Motion by Elizabeth Gourdie and seconded by Susan Apple to recommend a >proval to City
Council.
'Oiscusslon of item Is includel Ir Court Reporter's transcript attached to this set of minutes
(Page 147)
Motion carried&0,,
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Page 137 Page 139
1 and one was on page 3, which i made, and then one is on t In the audiepce to speak in favor of this Item No. 107
2 page 9. 2 Anybody in the audience to speak Against? Anybody W
3 MIL REICML RT: The confusion with that 3 speak against? Seeing now. we have the stab"s
4 because they're the same Agenda item. You had the 4 raommeodallon for approval. And I'll close the public
S backup for the June 23rd staff report was a condition, S bearing and ask for a motion.
6 so you might be looking at that motion from the previous 6 MA. RISHELI Motion. D move to recommend
7 June 23rd. 7 approval or 2.99-055.
a MA RIM EL: Thank you for your 1 MR. rtCr FAD Second.
9 clarification. 9 Mx POWELLt We have a motion end wt We a
10 MR. POWELLr Thank you for eater ing it, Oo 10 second. Any discussion u,I this motion? Seeing no
I I sliced, Mr. Reichhart. We're looking at this location I l request for discussion, dl in favor raise your hand,
12 right here. The cs which is a commun ty service, 12 We h six hands In favor, t ero against,
13 identified as a community service on the whole 13 Mx RrsHEU W. Bob, 1'd like to point out
14 development, what we're looking at tonight Is the Detail 14 that Mr. Engelbrecht always says raise your right hand
IS Plan for the water reclamation plant that is being is and I really appreciate the opportunity to to tither
16 constructed by the developer and upon completion at a 16 raise my right hand or my left time a I can get
17 certain time in the future, it wil l be dedicated to the i7 exerci In of those. So thank yojpu,.blijcfwarIq,
16 City. The City will take over maintenance or that LL, 1 purposely have
19 'rhis is not a manned facility. There's alarms that come 19 you down to your right hand. No. 11, ing,
20 back to the main control station here In the City. So 20 ann
exation, hold a public hearing and cking a
21 traffic to the site Is very minimal, 21 recommendation to City Council concelun
22 And at the time as this property is 22 annexation and toning of 37,11 acres le east
23 completely surrounded by either the Robson property or 23 tide of Teasley Lane Ppproximately 70or
24 outside the City limits there was no notification except 24 Hickory Creek Road in the extraterritoron
25 to the property owner. We did post a sign on the site 2S of the City of Denton, Texas. Nis Nilswo,
Page 138 Page 140
I and there were adverti-events iii t1K paper. Staff is 1 Ms M ssw; t hank you, Mr. Chairman,
2 recommending ap;, oval. The proposed Detail Plan is in 2 Commisslorers. As mentioned this Is a request for I
3 compliance with the concept plan and mocts all the 3 voluntary annexation and zoning. )1e property Is
4 requirements of the Detail Plan as identified in Sectioe 4 located about 700 fat south of Hickory Creek Road in
S 35.176 or the Code of Ordinance. Thcreforc, staff is S this location. I'll give you a vicinity map, The
6 recomne-ding approval or 2.99.055. 6 petitioner Is requcating the property be zoned 35 acres
7 Ma. POwttLr Stall has recomtncndah approval. 7 Single-family 7 and two acres, Neighborhood Services
a Is there any questions of staff at this stage of the 8 with Conditions. The petitioner has recently, put more
9 game? Seeing none, I'll ask if there's anybody 11" 9 restrictions on the Neighborhood Service, that was
10 I'll ask if there Is anybody from Robson Ranch that 10 initially a General Retail district, But he has elected
t I would like to speak about this? I1 to make that Neighborhood Services.
° 12 MR MORTON, S Just want to identify 12 The neighborhood services Is in de*
13 myself. My name is Swvcn Tborton. I'm the project 13 northwest comer of Cie property and staff does
14 manager or construction with Robson Ranch. 1 live at 14 recommend that they be developed to serve the immediate
Is 1619 Villa Courtin Cwimh. I'm proud to be ben in 15 nods of the nelghborhoods. This property was ^ well,
16 Texas and representing this community, if there are any 16 this toque# was published In the Denton
17 questions I can enra er at a later time, I think staff 17 iWord•Chr4cle August I st and lira property owners
18 has probably done that, but 1 have some notes. 1 will 16 were notified and 17 courtesy notices were sent out r
19 not actually be directly Involved In building this 19 Staff does recommend approval or A-88 for annexation.
20 particular site I'll be in charge of all the vertical 20 The Annexation Service Plan Indicates that the and can ! f `
21 construction. 21 be served and the request Is generally consistent with
22 MR PO% LL: Thank you. Just stick tight a 22 .the Denton Plan and the 1998 Denton Plan Policies.
23 second. Let's sot if there's any questions here , No 23 Staff recommends approval of Single-family 7
24 questions thrown, we'll go and ask if that's anybody in 24 zoning district. This request is consistent with the
23 the audience who would like to speak in favor. Anybody 23 1988 Denton Policies and the 1998 Denton Plan Policies,
PLANNING ZONING AUGUST 11, 1999 22 Page 137 • Page 140
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Page 141 Page 143
I as well, finding that It provides for compatible land I anyplace for anyone to go and hang out or run around or '
2 uses and protects existing land uses. And also Staff 2 wbatever. Vin just trying to understand the need for
S moommrnds approval of the Nelghborbood Services Pon3ng 3 SF-7 without any open space.
4 district With Conditions. 7bose eooditices an that the 4 MR WFAT HERFOan Actually, we will have
S uses be restricted as listed in Enclosure 7, that the S Some apes space, We Will probably have approximately
6 lighting on the property shill be designed and 6 five aces on the kind of the eastern portion, which is
7 matnWined so u not to shine on of otherwise disturb 7 Ploodplain which we will lave open. We will not touch
6 nurounding residential property or shine and project 1 It.
9 upward to prevent the diffusion into the night sky, and 9 Ms, OW"19 Okay. All *L Thank you,
10 that site plan must be submitted and approved prior to 10 MR POwELU Any other questions of the
I I development I I petitioner? Seeing no other questions, thank you, sir.
12 MA POW£LLi Anyone have a question of staff 12 Anybody in the audience want to speak in favor of this
13 at this time? Ms. Gourdie. 17 Issue? Anybody wanting to speak In favor? Anybody wish
14 Ms. owa.Die: Thank you. Where is the 14 to speak against? Anybody wish to speak against?
13 nearest park land? IS Nobody Is speaking for or against I'll ask the staff
16 atx.ln.ssEN: The nearest park land? 16 for final recommendations. And I understand we have to
17 MS. GOURDIF: Or open space that these 17 do thls one at a time so if you would just make a
16 people can Be to? 13 recommendation on I I a and then we'll all you again
19 MR DONAtDSON: Probably be the area 19 for i 1 b.
20 4aeeot to McNair Elementary down Hickory Crock Road. 20 Ms. NLtssEm Okay. Staff recommends
21 That would be the only dedicated park land in that are. 21 approval of A-88 for annexation.
22 Ms. n7LssE.N: The majority of the 22 MIL POWEU: Thank you very much. 7bete's
13 surrounding property Is In the ET! at this point So 23 no conditions on that, I Suppose.
24 I'm not familiar With what's actually dedicated In the 24 Nis. Nlts8EN: No, sir,
27 ETl 27 MR POWELL. n's f ust a Straight annex
Page 142 Page 144
l Ms. coiRD1E: so you say McNair which Is 1 recommendation. Do we have a motion since I'm now
2 down Hickory Crock Road about a mile and a half down the 2 closing the public hearing?
3 road. Is that what you're speculating on that? S Ms. APPLE: r11 move to recommend approval
4 MR DONALDSON: I don't know what the 4 of A-88 for annexation.
S distance is but that's probably pretty close S M0. POWELU we have a motion. Is there a
6 SIS. OOLTtDtE: Okay. Thank you. 6 second?
I Ma. POWRU I have it question I an't 7 Ms. OOCILD1Et socond.
8 find the conditions in my backup, Givc me a page number I M0. POWELU We have a second, Any
9 please, 9 discussion on this motion? Seeing no request for
10 Sts, hituiv: Page S, 10 discussion, I'll ask for a vote. All in favor ralse
I I MR POw ELL: I'm Sorry, I found them. It's I L your hand. I have six hands in favor, zero against We
12 ban pointed out to me. 'thank you. Any other questions 12 move onto Item I lb and ask for Staff recomtrenWon.
I I of scarf at this time? Seeing no questions of Staff, I7 Ms. NLLLSEN. Staff recommends approval of
14 I'll ask if the developer Is here and would like to 14 Z-99.039 for Single-Family 7 wring district for $S
15 Speak on this issue of petitioner as this ease may be. 15 acres and for Pkighborhood Services With Conditions for
16 Ma. wEATHERFoaD: My name is Mark 16 two acres, with the condi dons as outlined.
17 Weatherford, 4005 University Boulevard, Dallas, Texas 11 MR PgwEtt, with the three conditions
18 I'm bear to answer any questions 18 listed above on page S, correct? i '
19 NIX POWELL! Anybody have any questions of 19 MS. NILt.SEN: Yes, Sir.
20 Mr. Weatherford? Ms. Gourdie. 20 MR PoWELb Thank you very much. I did , 1 1
21 MS. OOVRDIE: Mr. Weatherford, I see that 21 find them, we, With a little help. All rill l
22 you want to put sP•P homes which you Soy Is 22 • Qustions? We have It.
21 approximately 140 homes on the property, without any 21 Ms. oouanre: For legal eamsel. 1 keep
24 open "cc. And 1 know that disk's bocoming a 24 forgetting that Mr. Weatheeard brought up the point
21 controversial Issue to have density like that without 2S that they would like to make the floodplala an open
PLANNING & ZONING AUGUST I la 1999 Page 141 • Page 144
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Page 143 Page 147
1 area, not developable. Is this part of this case or 1 Is there any discussion on this motion? Seeing no
2 does that go further into our text step? 2 request for discussion or quatioa% I will ask for a
3 MR BUCEK: You know, I think this is a 3 vote, All in favor raise your hand. We have six had,
4 straight zoning to them really won't be a development 4 in favor, zero against. Passe,
s plan later. So based on his statement there, you may S And we're moving quickly onto Item 12, if .
6 want to add a condition that under your general 6 1 have thlr right Hold a public hearing and consider
7 categoric, you could have those 18 or 19 different 7 making a recommendation to City County coocemIng the
s conditions. One of them could be that five acres of 8 voluntary annexation and zoning or 46.21 acres generally
9 open space be required. 9 located at the southeast coma of Nowlin Road and
10 Ms. oOURDiE: Could I ask Mr. Weatherford to 10 Robinson Road In the extraterritorial jurisdiction of
I1 come up here for just a moment? I t the City of the Donlon, Texas. Mr. Relchhart. ph, for
12 MR. POWELL: Absolutely. Let's have 12 the record, sir, this is Item 12.
is everybody here on the same page. 13 MR REICHKkRT: Thank you. The site that
14 MS. ooURDIE: Mr. Weatherford, I would like 14 we're looking al tonight for annexation and Agricultural
is to clarify that with you, pleam. 13 zoning is adjacent to the Whaler Ridge site that we
is MR. W'EATHERFORD; we have not calculated 16 looked st two wocks ago and it is just north of tha
17 exactly how many but we think it's approximately five 17 previous case, another graphic that Identifies some of
Is acres. is the recent activity in this area. The first one that
19 MS. GOURDIE: If I make the motion with the 19 cunt up was The Top of the Hill, then to the north was
20 condition that the floodplain in your southeastern 20 Wbeclcr Ridge. We just looked at A•88 and now we're
2I portion of your property be dedicated as open space? 21 looking at the site adjacent to Whaler Ridge. 11ds
22 V IL WEATHERFORD: That would be fine, 71e 22 site Is either being purchased or Is purchased by the
23 floodplain, that Would be fine. 22 owners of Wheeler Ridge also and they're going to try to
24 MS, OOURDIE: I just wanted to make sure 24 incorpor ate the two developments and work there tagethen
25 that would be all right Thank you, Mr. Weatherford. 25 At this time we're looking at Agricultural zoning, I
Page 146 Page 148
1 MR. POWELt: Any other comments by staff? t They're still going through their analysis as to what
I We have your recommendation. And I'll dose the public 2 the best configuration will be for this site,
7 hearing If 1 haven't already done that. I guess 1 have 3 But we arc looking at annexation for the r
4 Are there any further questions or staff? Is there e 4 zoning there wore five property owners notified, We
s motion on the floor? S have gotten one response back in favor, And as I was
6 Nis, omitb E: 111 make the motion. 6 going through the report I we that that response is
7 SIR. POw'ELU Nis Gowdie 7 missing and I Just tried to look for It, can't find it.
e SIS GOURnIE: I move to recommend approval 8 So I will by to make that available for City Council.
9 of Z-99-039 with the conditions as outlined by staff, 9 Regarding the annexation, the Growth Management Plan
Io finding that It Is consistent with the 1988 Denton 10 Indicates that this area should be developed as low
I I Dcvcloprncnt Plan and it is consistent with the 1998 11 densityresldential. And olna this property is ouWde
12 Deveiopmen, Plan and Growth Management Plan. It 12 the City limits, annexation is the logical stop to
If provides compatible land uses, a mixture of lot sire, 13 ensure that this does occur. It will provide the City
14 Sorry, SF-7 straight zoning, how Is that a mixture of 14 of Dcntonn the authority to reguhate land uses based upon
is lot sizes? Is a zoning classification. There rore, tuft does
16 FIS. mi snsr: when you compare it to the 16 recommend approval of A-91. We cur nave onto the zoning
17 surrounding areas, the surrounding land uses. 17 or wait.
18 Ms couRntE: okay. And the opportmity of l e MIL POWELG Why don't you give us yaw
19 neighborhood-type services with an additional condition 19 recommendation on that also.
20 that the lloodpiain located in the southeast portion of 20 MA REicHHART: 1 Shall, As this is {
I t the property will be dedicated for open space. 21 coming in right now k Agricultural zoning. that Is our
22 MR. P014-ELL, is there a second to Ms. 22 most restrictive classification and would be In
27 Gouudie's motion? 23 substantial compliance with the 198 Denton Plan Policies
24 MR. lusHEL: Second, 24 and Growth Managemenl Plan. Staff dos recommend
23 MR PowELt: we have a motion and a second. 23 approval of Agricultural zoning elasaification for A•91.
PLANNING} & ZONING AUGUST I1,1999 24, Page 145 • Page 148
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r 1 ulNt»)u" I[NI. McWpyy.,y
ATTACHMENT 3 "
ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY PLACING A
NEIGHBORHOOD SERVICES CONDITIONED (NS[C]) ZONING DISTRICT ON 1.73 ACRES
OF LAND AND A SINGLE-FAMILY 7 CONDITIONED (SF-7[C')) ZONING DISTRICT ON
3537 ACRES OF LAND LOCATED ON THE EAST SIDE OF TEASLEY LANE
APPROXIMATELY 700 FEET SOUTH OF HICKORY CREEK ROAD; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF 52,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE (Z-99.039).
WHEREAS, on July 27, 1999, City Council received a report, held a discussion and then
directed staff to proceed with voluntary annexation of the 37.03 acres of land described by Ordinance
and
WHEREAS, Mark Weatherford, on behalfofJohn Whatley, has applied to initially place a
Neighborhood Services conditioned (NS[c)) zoning district classification and use designation on
1.73 acres of land and a Single-Family 7 (SF-7) zoning district classification and use designation on
35,37 acres of land; and
WHEREAS, on August 11, 1999, the Planning and Zoning Commission recommended
approval of the proposed Neighborhood Scnices conditioned (NS[c]) zoning district classification
and use designation on 1.73 acres of land and a Single-family 7 conditioned (SF-7[c)) zoning district
classification and use designation on 35,37 acres of land; and
WHEREAS, on October 19, 1999, the City of Denton voluntarily annexed 37.03 acres of
land described by Ordinance , which was made efTective upon its passage; and
WHEREAS, the City Council rinds that the proposed zoning will be in compliance with the
1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management
Strategies and Plan; NOW, THEREFORE,
1 HE COUNCIL OF T HE CITY OF DENTON IIEREBY ORDAINS:
SECT ION.,, That the zoning district classification and use designation of the 1.73 acre
property described in the legal description attached hereto and incorporated herein as Exhibit A is
Neighborhood Services conditioned (N'S[c)) zoning district classification and use designation under
the coanprchcnsive 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 end incorporated herein by reference as Exhibit B.
2• Lighting on the property shall be designed and maintained so as not to shine
on or otherwise disturb, surrounding residential property or to shine and
project upward to prevent the diffusion into the night sky,
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3. A detailed (site) plan must be approved prior to any development.
SECTION 2. That the zoning district classification and use designation of the 35.37 acre
property described in the legal description attached hereto and incorporated herein as Exhibit C is
Single-family 7 conditioned (SF-7[c)) zoning district classification and use designation under the
comprehensive zoning ordinance of the City of Denton, Texas, subject to the following condition:
1. That the 100 year f)oodpWn on this property shall be dedicated as a drainage
casement to preserve open space.
SECTION 3. Tnat the City's official zoning map is amended to show the change in zoning
district classification.
SECTION 4. That any person violating any provision of this ordinance shall, upon
conviction, he fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is
violated shall constitute a separate and distinct offense.
SECTION S. That this ordinance shall become effective fourteen (14) days from the date
of its passage, and the City Secretary is hereby directed to cause thecaption of this ordinance to be
published twice In the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage,
PASSED AND APPROVED this the `day of , 1999, J
1
JACK MILLER, MAYOR r
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
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BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Fly:
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EXHIBIT A
Z•9"39
1,73 acres
FIELD NOTES to ell that certain lot, tract or parcel of land situated In the deny Merchant Survey,
Abstract 0 800, Denton County, Texas and being part of a called 37.08 we Tract dsserloed In
the deed to John E. Whatley, at ux, recorded In Volume 588, Pape 100, Deed Records, Denton
County, Texas, the subject tract being more particularly described as follows:
BEGINNING at a found 112-Inch Von rod found with a cap for the Northwest corner of said 37.08
sere tract In the East line of a road under apparent public use posted as Farm to Markel Road
2181, or Tessly Lane;
THENCE North 89 Degrees 34 Minutes 07 Seconds Eaef with the North line of said 37.08 acre
trio a distance of 21500 feel to Yrlnch Von rod set with a cap;
THENCE South 01 Degrees 04 Minutes 45 Seconds East leaving the North One of said 37.08
sere tract a distance of 351.00 feet to a Yrlnch Von rod set with a cap;
THENCE South 89 Degrees 09 Minutes 60 Seconds West a distance of 215.00 feet to the East
line of sold public road to Yrlnch Iron rod set with a cap In or near a fence line;
I
THENCE North 00 Degrees 60 Minutes I D Seconds West with the East tine of sold public road
along or near a fence a dlslance of 188.13 feet to a Yo-Inch Von rod found with a cep for an angle
point in the East line of said public road;
THENCE North 01 Degrees 21 Minutes 10 Seconds West with the East tine of sold publlo rood e
di.slance of 164.40 feet to the PLACE OF BEGINNING and enclosing 1.73 acres of lend more or
less.
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EXHIBIT B
"NS" NEIGHBORHOOD SERVICE ZONING DISTRICT PERMITTED USES
(Z•99-039)
I
One Famiry Dwelling Restricted
Art Galls or Museum
Church or Recto
Cole a or LIOIVersil or Private School
Community Center Public
Da Nurse or Kindergarten School
Grou Homes
Hospital General Acute Care
HoS ital Chronic Care
i
Insliiulions of Religious or Philanthr Ie Nature
Public Libre
Moneste or Convent
Nursin Home or Residence Home for Aged
i
Park, Pla round or Public Community Center
School, Private Prime or Secondary
School, Public or Denominational
School, Business or Trade
Utli t "AM iso and rtc fate lee 1G '
A wi~h5r if'
Accessory Bulldmg
Communit Center Private)
Temporary Field or Construction Office (Subject to Approval 1
and Control b Building Inspector)
Fire Station or Similar Public Safe Building
Home Occupation
Tole hone, Business Office
Tele hone Line end Exchange Switching or Reta Station
Reereetlotlst en Enterta riMeht /ill 1
Public Park or Playground
Public Play Field or Stadium
Swim or Tennis Club
,I
Retal er 81tv,o INit.ASdI' S?rp'
Bake a Confections Shop Retail
Cleanin and Pressin Small Shop and Piickup
Custom Personal Service shop
Dra a ,Needlework or Weaving Shop
Florin! Or Garden Sho
Handicraft Shop '
Laundryor Cleaning Self Service S
Offices, Professional and Administrative
Retail Stores and Sho s • 4,10 s uare feet or toss
Studio for Phol rapher, Musician, Artist or Health
Permitted Uses, Page 1 or2
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EXHIBIT B
"NS" NEIGHBORHOOD SERVICE ZONING DISTRICT PERMITTED USES
(Z.".039)
PERMITTED USES WITH AN PPROV D SPECIFIC A PERMJT~
i
An ue Shop
cafeteria
Restaurant
Retail Stares and ShVi • Over 4,000 square feet
ffenhouse or Plant Ursa
Permitted Uses, Pape 2 of 2
29.
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EXHIBIT C
t
Z•99-039
35.37 acres
FIELD NOTES to all that certain lot, tract or parcel of tend situl le,+ to the Berry Merchant Survey,
Abstract 8 800, Denton County, Texas and being a resurvey of cl or a called 37.08 acre Tract
described In the deed to John E. Whatley, at ux, recorded In Volume 568, Page 109, Deed
Records, Denton County, Texas, the subject tract being more particularly described as follows:
BEGINNING on the recognized South line of said Berry Merchant Survey at a capped iron rod
found at the Southeast comer of the herein described tract and the Southeast comer of said
Whe0ey tract;
i
THENCE South 89 Degrees 59 Minutes 00 Seconds West along and near a fence with the
recognized South line of said Survey, a distance of 2494.54 feel to Yrlnch capped iron rod set for
the Southwest corner of the herein described tract In the East right-of-way One of FM Road 2181;
THENCE North 00 Degrees 50 Minutes 10 Seconds West with sold rightcf-way line, along and
near a fence, a distance of 288.13 feet to a YWnch capped iron rod eel for corner;
THENCE North 89 Degrees 09 Minutes 50 Seconds East leaving the said right-of-way line, a
distance of 215.00 feet to a Yrlnch capped Iron rod eat for corner;
THENCE North 01 Degrees 04 Minutes 45 Seconds West a distance of 351.00 feet to a Yeinch
Iron rod found with a cap for comer in the South line of a called 37.817 acre tract of land
described In the deed to Herschel V. Forester, recorded In Volume 605, Page 621 of the Dead
Pecords of Denton County, Texas;
THENCE North 69 Degrees 34 Minutes 07 Seconds East a distance of 228803 feet to a Winch
capped iron rod set for the Northeast caner of the herein described tract end being the Southeast
corner of said Forester tract and being In the West line of a called 59,242 seta tract of land
described In the Deed to Pults Homes of Texas, Lp, recorded In Volume 4134, Pegs 94 of the
Real Property Records of Donlon County, Texas;
THENCE South 01 Degrees 67 Minutes 00 Seconds East along and near a fence a distance of
656 90 feet to the PLACE OF BEGINNING and enclosing 35.37 acres of lend more or less.
4 r,
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AGENDA INFORMATION SHEET Agenda No -04i
Agenda Item
Date
AGENDA DATE: October l9, 1999
DEPARTMENTt Planning Department
CNUDCM/ACNI: Dave Hill, 349-831
SUBJECT - River Oaks Amenity Center Detailed Plan (Z-99.063)
Hold a public hearing and consider rezoning approximately I acre from One-Family Dwelling
(SF-7) to Planned Development (PD) zoning district and land use classification by approving a
Detailed Plan. The property is located within the River Oaks Addition at the southeast corner of
Montecito Drive and Seven Oaks Lane. A neighborhood amenity center is proposed. The
Planning and Zoning Commission recommends approval (7.0) with conditions.
LACKGROUND
The applicant has requested a Planned Development (PD) zoning district classification for this
approximately one acre property, which is located within and completely surrounded by a One
Family Dwelling (SF-7) zoning district. The applicant would like to develop a neighborhood
amenity canter which will include a pool, a basketball court, a volleyball court, a covered
pavilion and a playground. The proposed amenity center will exclusively serve the surrounding
River Oaks subdivision, which when fully completed will consist of 633 homes. The applicant is
requesting the zoning change because Denton's Zoning Code defines this use as a private
community center, which is a use not currently permitted within One Family Dwelling (SF-7)
zoning districts.
> The subject property is located in a One Family Dwelling (SF-7) zoning district created on
October 7, 1986 per Ordinance 86-196.
> One (1) property owner was notified of the zoning request. No (0) responses have been
received (see Attachment 3).
PRIOR ACTIONIRFVIEw
The following is a chronology of Z-99-063, commonly known as River Oaks Amenity Center
I[Mailed Plan:
Application Date - August S, 1999
f
DRC Date(s) - September t6, 1999 6 '
P&Z Date - September 22, 1999
2,
a
c.
ESTIMATED PROJECT SCHEDULE
a
The subject property was platted as Block Q, Lot I of the River Oaks Addition In March of 1999.
Development of the Amenity Center could begin as soon as the ordinance authorizing the
Detailed Plan goes into effect.
FISCAL INFORMATION
Development of this property will increase the assessed value of the city, county, and school
district. It will require no short-term public improvements that are the responsibility of the city.
PAZ SUCr;£STI D RECOMMENDATION
The Planning and Zoning Commission recoinmends approval (7.0) of this zoning request with
the following conditions:
1. Permanent bicycle racks shall be provided on site.
2. The fence along the eastern side of the property shall be constructed of either
decorative wrought iron or wood on steel post.
OPTIONS
L Approve as submitted.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
S. Table item.
Al fACHMEN.TS
1. Planning and Zoning Commission Report, September 22, 1999, Z-99.063.
2, Planning and Zoning Commission minutes from September 22, 1999.
3. (haft Ordinance.
i
AuRestflly submitted: Mark Donaldson
Assistant Director of Planning and Development
Prepared by:
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Thomasomas 11, Gray
Planner I
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ATTACHMENT 1
Agenda No,
Agenda ts '~mt_`" ti
Date ~ 4-22-qg•
PLANNING AND ZONING COMMISSION oa
STAFF REPORT
Subiect: River Oaks Amenity Center Detailed Plan Sase Number: 2-99-063
At& Thomas B. Gray Agenda Date: September 22, 1999
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POR OSE
Hold a public hearing and consider making a recommendation to the City Council concerning the
rezoning of a 1.168 acre site from One-Family Dwelling (SF-7) zoning district to a Planned
Development (PD) zoning district. The purpose of the zoning change Is to allow for a
neighborhood arrienity center.
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LOCATION MAP
Location: Southeast corner of Montecito Drive and Seven Oaks Lane. The subject property Is
legally described as Block O, Lot 1 of the River Oaks Addition,
Size: 1.166 acres
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GENERAL INFORMATION
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Owner and Applicant: Fox & Jacobs Homes
2800 Surveyor Road
Carrollton, TX 75006
PLANNED DEVELOPMgNT,ZONING PR0CEr3URE4
Planned development zoning dist6cfs (PD) ano intended to provide for the development of land as an
integral unit for singlo or mixed use In accordance with a plan that may vary from the established
regulations of other zoning districts for slmflar land uses. They are also meant to encourage flexible
and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing
demands to meet the current needs of the community, and to provide for a development that is
superior to what could be accomplished In other zoning districts by meeting one or more of the
following purposes:
(1) Provides for the design of lots or building; Increased recreation, common or open space for
private or public use; berms, greenbelts, trees, shrubs or other landscaping features; parking
areas, street design or access; or other development plans, amenities or features that would
be of special benefit to the property users or community;
(2) Protects or preserves topographical features, such as trees, creeks, ponds, floodplalns,
slopes or h;tls; or
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(3) Protects or preserves existing historical buildings, strictures, features or places, i
There are three (3) types of plans that may be used In the planned development process; concept
plan, development plan and detailed plan.
CONCEPT PLAN - This plan Is Intended to be the first step In the PD process for larger or long
term developments. It establishes the most general guidelines, Identifying the land use types,
approximate thoroughfare locations within the boundaries of the district.
DEVELOPMENT PLAN - This plan Is Intended to be used most often as a second step In the
PD process. It Includes the same Information that Is provided on the concept plan, plus detail
as to the specific land uses id their boundaries.
DETAILED ALAN - This plan Is the final step in the process and Is required prior to any
development. For smaller tracts or where final development plans are otherwise known prior to
rezoning, the detailed plan may be used to establish the district and be the only required plan
In the planned development process. It will contain Information specific to the site.
All detailed plans should be In substantial compliance with landscape, 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.
SUMMARY OF ZONING REQUEST
The developer Is requesting a Planned Development (PD) zoning district classification for this 1.168
acre property, which is currently located in and completely surrounded by a One Family Dweeling (SF-
7) zoning district. The proposal is for a neighborhood amenity center, which will include a pool, a
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basketball court, a volleyball court, a covered pavilion and a playground. The amenity center will
exclusively serve the neighborhood, which when fully completed will consist of 633 homes. The City
of Denton defines this use as a private community center and, due to the fact that the current uses
allowed in the current zoning district (SF-7) do not include a private community center, the applicant
Is requesting the zoning change.
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1. Transportation
A, Trip Generation
Due to the fact that the amenity center will serve the neighborhood exclusively, will not have direct
access to any street other than the streets within the subdivision, and Is promoting bicycle and
pedestrian traffic, the trips generated will be minimal.
B. Access
The amenity center has direct vehicle access to Seven Oaks Lane and sidewalk access to Seven
Oaks Lane, Montecito Drfve and Glen Falls Lane.
C. Pedestrian Linkages
Sidewalks along all public streets are required.
2, Utilities
This site has access to existing water and sanitary sewer lines.
3. Signs
The applicant Is not proposing any signage.
4. OH-Street Parking
As this use is defined as a private commun,ty center, the minlmum number of parking spaces
required per code Is twenty-five (25). The applicant is proposing twenty (20) parking spaces which
staff finds to be adequate. Staffs reasoning regarding the reduction in parking is two-fold. First,
by providing fewer parking spaces, pedestrian and bicycle traffic In this residential area will be
encouraged over vehicle traffic. Second, the reduction in required parking Is consistent with other
zoning cases similar In nature, such as Z-97-016 Wind River Estates Amenity Center and Z-99-
045 Oakmont II Community Center.
5. 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 (piantabte area).
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I PROPERTY HISTORY
April 8, 1986 - The subject property was annexed by the City of Denton and placed in an
Agricultural (A) zoning district per Ordinance No. 86-76.
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October 7,1986 -The property was rezoned from an Agricultural (A) zoning district to a One
Family Dwelling (SF-7) zoning district per Ordinance Number 86-196.
The subject property was platted as River Oaks Addition, Phase One, and was filed with Denton
County on March 22, 1999.
Notice of the zoning request was published In the Denton Record-Chronicle on September 12,
1999. Because the applicant currently owns all the property within two hundred feet of the site,
one (1) legal notice was mailed. Because there are no residents or buisnesses within 500 feet of
this site, no courtesy notices were mailed. As of this writing, no responses have been received.
No Neighborhood Meetings were held.
Staff recommends approval of Z-99-063 a; submitted in the Detailed Site Plan,
I move to recommend approval Z-99-063 as submitted In the Detailed Site Plan.
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1. Recommend approval as submitted,
2, Recommend approval with conditions.
3. Recommend denial.
4. Postpone consideration.
5. Tabllee item.
ENC4~iSURE3..v~: 1 '8 i Syr K~h~ ik r :y~, S .~~H.. 4^ Z
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1. Vicinity Map,
2. Detailed Site Plan.
3. Detailed Plan Notes.
4. Draft Ordinance.
NOTE: Tho applicant will provide a consolidated 24"x38" Detailed Site Plan to the Planing
and Zoning Commission on the evening of the hearing.
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ENCL. _
C OSURE 1 C
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Z-99-063 (River Oaks Amenity Center) NORTH
SITE
SITE
VICINITY MAP
Agenda Date; September 22, 1999 Seale: None
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I ENCLOSURE 2 j
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' { ENCLOSURE 3 {
River Oaks Homeowner
Association Amenity Center
Centex Home
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1. Acreage: 1,168 acres (noted inn plot plan)
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2. Land Uses: Property Is located within a residential su 'ision (River Oaks). See
attached plat for location of offsite improvements etc,
3. Off-site Information: See attached plat of subdMsion for location of property to
adjoining streets etc. This amenity center will serve 633 homes located within the I
subdivision.
4. Traffic and Transportation: It is an amenity center to be used by only the
homeowners within the subdivision. We have provided 20 parking spaces, however
most homeowners will walk or ride bikes to this center. (Traffic generated will be
minimal.)
5. Buildings: See attached building plans for size and height of building and attached
plot plan for set back information.
6. Residential Development: See attached pl^t for location of this property within the
subdivision.
7. Water and Drainage: There are no creeks, ponds, lakes, flood plains or other water
retention facilities located on this property,
8. Utilities: Noted on attached plot plan.
9. Trees and Landscaping: There will be 10 "Large" trees and 10 "Medium" trees per
the city of Denton approved list and agreement with the city for Ns subdivision.
Also, all open space Ail[ have sod with an irrigation systern installed. Additional
Landscaping shrubs will be installed around the pool decking,
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10. Open Space: See attached plot plan. `
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11. Screening:
6' decorative wrought iron fence around pool area. . _ (t
4' decorative wrought iron fence around playground, volleyball court and basketball
court,
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ENCLOSURE 3
■ 6' wood fence Installed where this property meets backyards of homes. (See attached
plot plan.)
12. Signs: 'T'here will be no signs Installed on the property.
13. Sidewalks and Bike Paths: See attached plot plan for location of sidewalks.
14. Legal Description of the Property: Block Q Lot 1 River Oaks Addition Phase One
Cab. Q. Page 63
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C ENCLOSURE 4
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM ONE FAMILY DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND
USE DESGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR A 1.168 ACRE TRACT OF LAND
LOCATED IN THE RIVER OAKS ADDITION (LOT Q, BLOCK 1) IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR APPROVIAL OF A DETAILED
PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN
EFFECTIVE DATE (Z-99-063),
WHEREAS, Fox and Jacobs Homes has applied for a change in zoning for a 1.168 acre
tract of land from One Family Dwelling (SF-7) zoning district classification and use designation
to Planned Development (PD) zoning district classification and use designation, aid
WHEREAS, on September 21, 1999, the Planning and Zoning Commission
recommended approval of the requested change in zoning; and
WHEREAS, on September 22, 1999, the Planning and Zoning Commission
recommc.tdcd approval of the Detailed Plan shown as Exhibit" B'; and
WHEREAS, the City Council finds that the Detailed Plan is in compliance with the 1988
Denton Development Plant and 1998 Denton Plan Policies and the Growth Management Plan
Strategies; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the zoning district classification and use designation of the 1.168 acre
property described in the legal description attached hereto and incorporated herein as Exhibit
"A" is changed from One Family Dwelling (SF-&) zoning district classification and use
designation to Planned Development (PD) zoning district classification and use designation and a
Detailed Plan for the 1.168 acres is adopted, said detailed plan being attached hereto and
incorporated herein as Exhibit "B" for all purposes, to allow an amenities center in accordance
with the comprehensive zoning ordinance of the city of Denton, Texas.
SECHON Ii. That the City's official zoning map is amended to show the change in
zoning district classification.
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SECTION 1V. That any person violating any provision of this ordinance shall, upon A
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION V. That this ordinance shall become effective fourteen (14) days from the
date of its passage, and the City Secretary is hereby directed to cause the caption of this
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`W"mov" zWWI0'5^'r r ENCLOSURE 4 r
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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 11999.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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ATTACHMENT 2
Page 73
I MR DONALDSON: They will be rescheduled for I one from '86. But I also think that would be 4
2 the October 13th meeting. 2 interesting information.
3 MS. GOURDIE: But didn't you say these 3 Ma ENGELBBECHT. that's what I thought was
4 people could, when we get done with our break, make 4 being requested. All right. Any other administrative
s their comments so they don't have to come back for the S Issm? I have one more, Item 1 A on the Agenda will
6 next matting; is that Corms? 6 be rescheduled for our next regular meeting, which was
7 Ma ENGET.BRECHT: we could take those 7 to receive a report regarding attendance,
a comments, yes. ](they want to make comments, we can do a All right. At this time we'll move onto
9 that. 9 Item No. 12. It's to hold a public hearing and
10 Ms. Gtx' mD All right. Thank you. to consider making a recommendation to City Council
I I MR. ENGELBREC'HT: And, COmmissionera, one 11 regarding the rezoning of a one-acre site from
12 other Item, we will be receiving a briefing from Mr. 12 Single-Family 7 to Planned Development. The subject
13 Bucek during our break. All right. We'll take 30 to is 13 property is t galIy described as Block Q, Lot I, River
14 minutes, 14 Oaks Addition and is located in the soutSmst corner of
Is (Break taken.) 13 Montecito Drive and Seven Oaks Lane. 'the purpose of the
16 MR. ENGELBRECHr: At this lime I'll 16 zoning change Is to allow for a neighborhood amenity
17 reconvene the regular session of the Planning and Zoning 17 center, At this time I'll open the public hearing and
18 Commission. We'll continue on we're going to go I8 ask I& Cray to provide us with a staff report and
19 ahead without Mr. Bucek. He'll join us in a few 19 recommendation.
20 moments. I would ask staff, if they would, for our 20 MR. GRAY; Thank you. Just a note, right
21 backup for the neat meeting, we have had 11 continued 21 befere the meeting began I placed a eonsolidattd site
22 and 13 and 14 pulled. If there are - I'm going to ask 22 plan in front of everybody's seat. It looks like this,
2) for comments momentarily on thow and the comments for 23 And it was just basically the information contained
24 11. If you would include those in our backup for the 24 within the start report put on one page and we suggested
25 next meeting, we'd appreciate it, 2$ that the developer do this because It would be much
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1 MR. w1tuAMS while we're doing backup I eerier for everybody to read and also to reproduce. Of
2 could we get for peoplq especially me, since I haven't 2 course, this Is we're seeing this happen with more
3 been here, I would like to look at the average density 3 frequency. A new subdivision is built and the 1
4 for the the Planned Development that have been approved 4 devrlopa, as part or ow subdivision, wants to plea an
3 in 1999 to see if Item No. I l is in-line with any of 5 amenity center within the subdivision. Our current
6 that, anything of that nature. 6 Zoning Regulations such u for single-family dwelling
7 MR. ENGELBRECTIT You mean the density of 7 zoning districts do n 3t permit amenities centers to be
e the one that is approved that was approved in 1867 8 used by right; therefore, the dcvetopa has to go back
9 MR, w7LLlAMS. No. Again, the average 9 and zone a Planned Development specifically for the
1o density or the average density units per ire of the 10 amenity center.
I I plats that were re's that were approved In 1999. 11 This particular one to in the River Oaks
12 alit DONALDSON: By the lime we Id to the 12 Subdivision which Is currently under construction. 1
13 next meeting, we will be able to summarize Oat very 13 believe all the streets and everytl ing arc built now
14 easily. 14 that the houses are actually being constructed. And it
15 MR. w1LLUMS thank you. Is is an amenity center that will contain a pool, a
16 M0. LNGLLBRFCHT: 1'II ask for a point or is basketball court, a volleyball court, a covered
17 clahrication, one or the points that has come up in 17 pavilion, and a playground. And the developer ha
is discussions of the development plan has been density as 18 provided acme illustrations of the amenity center that r
19 It relates to the lots or density as It relates to lots 19 the Commission might be Interested in looking at. 7h1s f ' 1
20 plus the green span Docs that exclude commercial 20 is just a rough site plan of what the amenity center f j
21 properties, ct cclera7 21 mlght look like and then they have some pictures of some
22 MR. k71.SIAM3: That's all l want, very 22 of the playground equipment. 7be pavilion, another
21 simple. 2) picture of the pavilion. It's mainly fa a picnic ara
24 MR. McNm L 1 would like to sa that on 24 and also contains festrooms. And then fencing around
25 the old 3D which is, what, ►D something or other, the 23 the site, And as noted, it's about 1.16 acrd. WO
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PLANNING At ZONINO COMMISSION SEPTEMBER 2211999 Page 73 - Page 76
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l exclusivel for the use of the reside its of the River 1 that's wby parking is part of the detailed plan that Is
2 Oaks Subdivision which is, let's am, 63) homes. And 2 approved by ° reviewed by the Planning and Zoning ?
3 staff recommends approve]. 3 Commis ion and approved by City Council.
4 MR ENGELaRECHT: Commhaloncn, are that 4 In this case we felt that 20 parking spaces
S questions for staff? I'm assuming that the drive 3 ts opposai to 25 would be adequate. First of all,
6 approach has ban approved by e%inoaing and rcviewod 6 because we're providing fewer parking spaces, we will
7 and et cetera. 7 increase or the Ida is to Incre pedestrian
8 MR. GRAY: Ycs. There was a and Mr. I bicycle traffic. Seeing that this is a neighborhood
9 Salmon can answer this question if recd be. The drive 9 amenity center, the Ida is to encourage people W walk 1111
10 approach 10 or ride their bikes there at opposed to drive there
I I MR. ENGELBRECHT: As long eu that's all been 1 I And we foci that by reducing the number of poking
12 approved. 12 spaces that gives people an added Incentive not to drive
11 MR. GRAY: That has been approved, There 13 their car. And this reduction required parking Is
14 nods to be, 50 feet betwocri the street here and the 14 consistent with other roning cages that have come before
13 drive approach and it has been provided. 13 this Commissicav where we felt that a reduction in
16 MR, W6ELBRECHT: Can you tell me is then: i6 parking from the requirements In L4 Zoning Code was
17 any if there were provisions far a bicycle, parking 17 appropriate.
18 facilities, would they be included? fb we require them Is MR. wILI TAMS: okay. And the word I heard
19 on a detailed plan? 19 was might not have may meaning that it's not a
20 MR. GRAY: Such as a bike rack? 20 requirement, it's an option of this Commission?
21 MR. ENGEI.BRECHT: Right. 21 MR, GRAY: To reduoe the parking?
22 MR. DONALDSON: we bate no requirements. 22 MR. wILLLkM& Yes, an option and not
23 It's probably within your authority to make that 23 something that we have to do by aLitute.
24 recommendation. I suspect If they get a slew of bikes 24 MR. GRAY; it's part of the detailed plan
2$ there, they'll have a bike rack very quickly. 25 that you approve. If you feel that you would like to
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I MR. ENGEIBRECH T Wcll, I would anume that I sot a greater nuinher of parking spans, then you could
2 but it's Intcrosting and wt don't require diem in our 2 amend the dzWW plan.
I parks area. It's cxw of those areas when wt do code S MR. wILLLkM.i: Thank you.
4 revisions, the amenity center Issue in garter.-I and bike 4 MR. ENG1 LBRFCHT: Contrnissicstcrs, are there
S racks Is another Issue that wt nxd to Wrest if we're 3 other questions? Yes.
6 going to be putting money up for bike trails and all 6 MIL R1SgEt. aloe again, still within the
7 that. And we're trying - we don't require anybody, to 7 parking, it show, cot here as just having one handicapped
8 have a bike rack, And those folks who ride them 8 parking spot. W7 a! is the criteria that WC determine
9 complain about that. There's no place to sec:ut it, 9 how many handiaf pod parking spots there would 1:0
10 MR. WTI.II-Ws I was Iooking at, since 1 10 MR. GRAY: that is Covered under Texas
11 drive everywhere I go, I always look at parking places l i AccessabilAy Standards. That is a State itw and not a
12 sing I've had some complaints even before 10 on the 12 local ordinance.
13 Board about all these parking lots wt have to hest at I I MR. AISHEL: And is that a function of the
14 churches. I am kind of concened about the reduction in 14 number of parking spits total or Is that a function of
15 parking lots from 20 parking slots from 25 to 20. 13 tint facility and the use of that type or facility? It
i 16 Could you respond to that? 16 just seems to me like a pool Is an excellent
17 MR, cRAY Yeah, In straight coning cages 17 rehibilitation•type of thing rot people that might be
le where an amenity crater Is permitted, such as In a 18 handicapped and I don't know whether one is adequate r
19 Commercial toning distrlct or something which would 19 MA OKAY: Right. Pnxn my experlenee with A
20 allow an ari nity center, our parking regulations which 20 Texts Aswssability Standards, the number of accessible
21 tre written into our &nIng Code would require a minimum 21 parking spits is based on the total number of parking
22 number of parking spans or 25. Ilowcver, in s Planned 22 spans, And, of course, before this amcnlty eenttr is
2) tkv'clopm nt those parking rcquiretrlcrtts In our Zoning t3 built, the construction doctuntnts, the architoctutral
24 Code do not necessarily apply In a Planned Development 24 documents will have to be submitted for review.
23 IIIe parking +cqulrcments can be altered or adjusted and 25 MIL AItHEL: The detailed plan.
PLANNING do ZONING COMMISSION SBPTEMBLR A 1999 Page 77 • Page 80
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1 Mil GRAY: The blueprints of the site I Okay. Any other questions? Mr. Rishel.
2 itself, the construction doctmlents of the site itself 2 Me- RISHEL: I did notice that there was also
3 will have to be submitted for on accessibility review. 3 a six-foot fence involved fhae and Is that fens
4 MR. RISUEL: in that type of review we would 4 anticipated that would be some sort of a mye
S have an opportunity to look at something that would give S permancrit•ype fci c structure such as with metal posts,
6 us some sort of a ramping from the parking lot area 6 the Bob Powell clause In there?
7 through the sidcwnik and whatever else? 7 MR GRAYI t believe that says it's an iron
8 MA GRAY; Right. The City would not a fence.
9 conduct the review. The review Is conducted by either 9 Me McNEttL: it says iron fence on t}a
to the Texas 0.partmerrt of Licensing and Regulation or what 10 drawing.
I I do call an independent contract provider which has 2I MR RISHEw n said wooden fence. Some
12 been contracted by ToUI to provide assessability review 12 areas it does say Iron fence. If you look further
13 for all public facilities in the State of Texas. They 13 toward the right-hand side, that Is talk of a wooden
14 would be the ones that would insure compliance with 14 fence and I didn't know whether there was specification
13 Texas AssessabiIity Standards in terms of parking, 13 on the posting of that or not.
16 ramps, slopes, wbalchair access, that kind of issue. 16 me. GRAY; I would have to defer that
17 MR ENGLLHRECHT: other questions? Yes, Mr. 17 question to you.
19 Moreno, is MA RISHEL: could we make that
19 MR MORENO Yes, sir. I'm assuming L ! 19 recommendition7 I'd like to make that recommendation
20 your Note No. 6 undo tnxs and landscaping dote comply 20 that we look at somr1hing for the Homeowner's
21 with the Landscape Ordinance or excotd it? 21 Association that will eventually, that It be something
22 MR. GRAY: Yes, it does. 22 more aubstsntial.
23 FIR. FIORENO. And are we also exceeding the 23 MR ENGEIBRFCHT. Any other qucsti%;,i for
24 20 percent permeable arcs? 24 staff? Thank you, to the petitioner or petitioner's
23 MR. GRAY: We believe so. Ail this area 1s representative present? If you would give us your dame
Page 82 Page 84
I that generally, I guess there would be a fence back I and business address for the record.
2 &--re and a fence over here This arcs overhere would 2 MR. POOLE: t'm Robert Poole with Syntex
3 all be gran space as would the perimeter or the amenity 3 Homes, 2800 Surveyor Boulevard, Carrollton, Texas.
4 ocnicr and that is above and beyond 20 pcrecm, 4 MR. ENGELBRECHT: Do you have any questions?
3 MR. MoxLso: Thank you 3 MR. POOLE: t don't have any questions or
6 MR. RISHLL: have we included the crepe 6 cowntcnts. I'm here to answer questions from you if I
7 myrtle clause in this sct of plans, do you know? 7 can.
I MR. GRAY: No, Commissioner, we hive not, I MR. ENOELBRECHT: Ms. dourdie,
9 M." sSrr.LBRICHT: rd point out it's the 9 Ms. oounw: Mr, Poole, I'd like to kttov,,
Io only thing 1'vc oam t looming In the last two months. to Mr. Engclbrocht made a interesting point about bike
I I So keep that in mind. With regard to this would be a l i racks and being that we are reducing the number of
12 Pa, wili probably be lurnul over to the l lumccwttcr's 12 parking spaces to attract bicyclists and pedestrians,
13 Association at build-out. In the event what I was 13 would it be possible for you to put a few In there for
14 noticing is is that you h.ve a c.mple of gates there 14 us?
I S that go into the back p Prtian of No facility. In the 13 MR. POOLE: Probably so.
16 event the liomeowner's ALvMiation finds that they need a 16 MS.OotiRUtE: we'd appreciate it. 's'hank
17 gate moved to a diffcrcnt site or they want to s. I a 17 you, Mr. Poole,
Is gate because of the way that the general pedestrian Is MR, IUSIIEL: And I did want you to know that r
19 traffic configuration Is, would that be considered a I9 the crepe myrtle things was a joke among am Council ~
1 2a minor amendment and they could come In and simply 20 here. But the recommendation on some sort V a metal / f
21 request that of staff and that could be done? 2 i post on the wooden fence would be
U MR. GRAY: fhal's comet. 22 MR. POOLE: 2 think the intent would be to
23 MF tNGLt.BUCHT All right. SO they 23 use wrought Iron all the way around the site. I have
24 wouldn't have to go through the entire process to make 24 not men this drawing that you're looking at, but l
25 some minor changes to make the thing more mmageable 23 think that was the intent. You saw pictures of a
PLANNING ere ZONING COMM[OR SEPTEMBER 22, 1999 Page 81 - Page Be
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1 similar amenity center we've used in several 1 MR RISHEL: A rn066n.
2 neighborhoods and they've used wrought iron around the It MR. ENGELBRECHT: W. Mattel.
3 perimeter of those sites and they're planning on 3 MR. RISHEL: I mow to recomnitmel approval of
4 duplicating it here 4 Z-99-063 as submitted In the detailed site plan..
3 MR RISHEL: As you do wrought iron fervors, S MS. APPLE: Second.
6 does the spocification on the bar spacing represent the 6 MR ENOELBRECEET: it's been moved and
7 four-Incb steel ball? 7 seconded to approve. Any discussion?
It MR. POOLE: Exactly. It MOM the City 6 MS. OOt3RDtE: Yes, please.
9 ordination on that, 9 MR. ENOELBRECHT: Yes, Ms. Courdie.
10 Ms. eouRmE: t think the only place you had 10 MS. OOURDIB: t would like to 1 don't
11 the wood was right up against the basketball court and 11 know if we need to put tills as a condition or whatever,
12 it probably was to keep a little sound down and to keep 12 but I'd like to see that there would be sonic bike racks
13 the ball nearby. 13 be put in there, that the property that abuts the
14 Mi, DONALDSON: 1be site Is adjacent to two 14 neighbor is really a wood fence on steel posts versus
1s homes. 1s the as they've got it written In the plan, which is
16 MR. POOLE: There's a lot that backs up, the 16 right now, iron and wood, a combination of the two, if
17 backyard sides to, I guess, the back of the amenity 17 possible.
Is onter. That particular lot has a lot of extra depth on Is MR. RISHEL: It sounds like a friendly
19 it, too, Mark. 1 think we mlght be able to work with 19 motion. I would accept that.
20 that particular lot. 20 MR. MCNEILL: Are you baying that the
21 MIL ENCELPRECHT: Yes, Mr. McNeill. 2t homeowner has to put in what iflte doesn't want to
22 Mg. MCNEn U But we're not suggesting that 22 put in a steel fence or steel posts, he wants to put In
23 the homeowner be forced to have a wrought iron fence if 23 wooden posts?
24 he wants a %oo&,n fens, are we? I don't think we're 24 MS. OoURDIE: No. Well, wooden posts don't
25 suggesting that. 25 provide enough support for a fence After a few years
Page 86 Page 88
1 NtR. POOLE: Okay. That's some flexibility I it begins to deteriorate
2 is what you're offering then. Okay. That's fine. 2 MR MCN'EILU That's his choice.
3 MR. ENGELDRECHT: I just want to Interject 3 Ms. cmgm: I'm asking the developer to do '
4 that it seems to me tiuat I'm not sure why others were 4 it. I'm not asking the homeowner, I'm saying that the
s asking the question. Thee wrought iron to me was a s developer In this plan that he presented to us says a
6 question from the perspectiv. of visibility so that 6 good portion of it will be a four-foot iron fence and
7 folks can sc'e in and out of there for safety and all 7 that par of it will be a six-foot wood fence on the
8 that sort or thing I'm assuming that you're putting up 8 portion where the basketball court is, What I was
9 a fence that you eon see through. 9 suggesting was that whole area be a wooden fence to keep
10 MR. POOLE: Exactly. Now, Mr. McNcild's 10 the neighborhood, that home a privacy, where tiny could
1 I point is well taken. But on the other throe sides it have their home versus having everyone playing
12 wrought iron, I think, would be appropriate for that 12 basketball or volleyball looking into their backyard,
13 reason so it Is visible. Exactly. 13 That was my request And if it's on a anal post it
14 MR. ENGELDRECIIT: Okay. Outer questions? 14 would last longer and he wouldn't have to maintain it as
Is Thank you. Is there anyone present who would like to 15 Iona.
16 speak in favor of this petition? Anyone present to to MR. RISHEtd I acceplet that as a friendly
17 speak in favor of the petition? In that case, anyone 17 motion.
1s present to speak In opposition to the petition? Anyone ii MR ENOELBRECHT: Okay. 1 guess my question
r I
19 present to speak In opposition? Seeing no opposition, t9 with regard to tN bike rack, we have no specifications
20 mbuttal is waived and the public hearing is closed. 20 here and I ace Mark going, huh. Do you have some f
21 And, Sit. Cray, any final staff remarks? 21 specifications of a minimum of 'X' number or bicycles,
21 MR (RAY: Other than staff recortuttends 22 five, ten? The reason 1 said that minimum was, bee"
23 approval. 2) know those i think they come in dandwd sins and as
24 MR. ENUL6RECIIT: Commissioners, any 24 Iota as they get above there's leeway for them to
23 questions for staff, comments, or a motion? 25 act.
PLANNING tit ZONINO COMMISSION SBPTBMDFR 22, 1999 Page 85 • Page 8f
16,
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lt
ICI
I
l
M CoBtSt5GaC11"'
Page 89 Page 91
I MS.OOt1RDIE: YCAIL last a bike rack i we don't have to make a mind amendment to the plan if
V.
2 whether it holds 25 bikes or eight bikes, I'm happy. 2 they char r their mind, Either way they go they're
3 MR. wltt IAMB. I guess I'm having a problem 3 okay,
4 because I'm looking at visibility. And I don't know the 4 MR. WILLIAMS: I can Eye with that.
S way other parents are but if my child Is out playing. I 5 Mx RISHEta On fleet posts?
6 would prefer to be able to look out my backyard, if 1 6 MR. ENGELSRECHT: Oh, yeah. Obviously,
7 can, and we him rather than have to drive all the way 1 wu assuming steel poste. Tat would actually allow
B around the park to we who's there end what they're A them to simply put the boards under the wrought iron at
9 doing. And I think we need to think very closely why we 9 some later point and still maintain the entire patter
10 are thinking about aesthetics and also consider safety. to and a whole variety of things. Anyway, I'm just
I I And being & juvenile patrol oMoef, I dad with some I I throwing ads out there. 1 guess 1 put that out there
12 awfully bad people at times and I think we may need to 12 as a friendly amendment.
13 consider diet reconsider that amendment and consider I7 MA wsHEL: that's certainty acceptable to
14 saftty rather than aesthetic. 14 me and I made the motion. So, yea, I would accept that
IS Ms. OOVRDM let me rebuttal that, It's 15 u a friendly motion.
16 just one dot that's up against the amenity center. You 16 MR. E:OELBRECHT: All right. I don't know
17 arc asking so what you're saying is this one lot has 17 who made the second.
is to endure everything that's going on at the center but Is MR. YALLtAM5: I didn't make the second. It
19 the lot next to that lot gets to have a woodea fence. 19 was just a discussion point before It's a discussion
20 So there really Isn't any here in Dmton we're very 20 point.
21 known for putting fences between each house so what 21 MA ENGELERECHT: Susan merle the second.
22 you're going to have and if you look at this the way 22 MS. APPLE: It's been so long, I can't i
23 it is drawn up, there's only one house, one property 27 remember.
24 that's on the die here, right here, that would have the 24 M0. ENOEt9RECHT: would you accept that
25 wooden fence. All these other homes ell the way around 25 amendment?
Page 90 Page 92
1 can come find their child. 71cy can go look through the I MS. APPLE: Absolutely, Absolutely. 1 tend
2 iron fence on the dm sides. It's just the one side. 2 to agree with Commissioner Williams.
3 If you look really close hen, it's just this one lot 3 MR. ENGELBRECHT: Any other discussion on
4 that would have the woodcut fence. And that's what 1 am 4 this motion? The motion then is to approve with the
s Questioning. I'm not questioning the other three sides, 5 bike rack and an optional fence along the private
6 MR. WILUAMS: okay. But my concern 1 think 6 property lot. Okay. Vote, please. Motion carries
7 we might need to 1ct the homeowner and the developer 7 unanimously.
s make that deoisioo and just leave it done Basically, 1 And as Mr, Donaldson told you earlier,
9 that's what I'm saying. 9 Items 13, 14, and IS were pulled, We will sm those
10 MS. GMRDIF: I un&Tstand what you're Io next hearing, not moves us to Item No. 16.
11 saying. I just know from being here over two I I MR. DONALDsom could we have a collative
12 starting my third year, this is a big something that 12 motion to contir'uo those items?
13 people have a condition put on. We consistently try to 13 MR. ENOELBRECHT: Would there be a motion to f
t4 maintain a ccdain appearance by having a fence that 14 continue Items 13, 14, and IS?
15 conforms, If y'all don't foci that that's in ism, I S MR. RISIIEL: Were you going io bold open
16 that's fine. I'm willing to accept that. But I think 16 discussion if anyone was present to give Input on those?
17 that it's sotething that we've done before This 17 MR. ENOELBRECHT: U earl do that
Is Commission considers that as a viable interest for the is Mdt RISHEL: You had suggested that before
1, neighbor. 19 we took our break. A
20 MR. EN'GELOALCi1T Could I Interjtet an RCM7 20 MR ENGELBRECHT: Mr, Donaldson talked to
21 Owen this is a to and whatever we world at least 21 time folks during the break and they were gone,
22 require a minor amendment If the neighbor and the 22 MR. RISHEL: As long as we understood that
23 Neighborhood Association wanted to change the fence. 23 in the public,
24 What if we just said In that section that it could be 24 Mix E24GELDRECHT: What 1 can do At this time
25 wrought iron or whatever it is or wood and then at least 23 is simply ask if there Is anyone present who would like
PLANNING & ZONING COMMISSION SUI EMBER 22, 1999 Page 89 • Page 92
17.
c
KN.4G11011 Jvrq,l¢0. O..r,pYN wJ.~
ATTACHMENT 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM ONE FAMILY DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR A 1,168 ACRE TRACT OF LAND i
LOCATED IN THE RIVER OAKS ADDITION (LOT Q, BLOCK 1) IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR APPROVAL OF A DETAILED
PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM `
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN 1
EFFECTIVE DATE (Z•99.063).
%%IfEREAS, Fox and Jacobs Homes has applied for a change in zoning for a 1,168 acre
tract of land from One Family Dwelling (SF-7) zoning district classification and use designation
to Planned Development (PD) zoning district classification and use designation, and
WHEREAS, on September 22, 1999, the Planning and Zoning Commission
recommended approval of the requested change in zoning; and
WHEREAS, on September 22, 1999, the Planning and Zoning Commission
recommended approval of the Detailed Plan shown as Exhibit "B"; and
WHEREAS, the City Council finds that the Detailed Plan is in compliance with the 1988
Denton Development Plan and 1998 Denton Plan Policies and the Growth Management Plan
Strategies; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1, That the zoning district classification and use designation of the t,168 acre
property described in the legal description attached hereto and Incorporated herein as Exhibit
"A" is changed from One Family Dwelling (SF-7) zoning district classification and use
designation to Planned Development (PD) zoning district classification and use designation and a
Detailed Plan for the 1,168 acres is adopted, said detailed plan being attached hereto and
incorporated herein as Exhibit "B" for all purposes, to allow an amenities center in accordance
with the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following
conditions:
1. Permanent bicycle racks shall be provided on site,
2. The fence along the eastern side of the property shall be constructed of either
decorative wrought iron or wood on steel post,
SECTION 2. That the City's official zoning map is amended to show the change In
zoning district classification.
18.
o .
u
SECTION 3. That any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 4. That this ordinance shall become effective fourteen (14) days from the date
of its passage, and the City 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
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
PAGE2
19.
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FIELD NOTES EXHIBIT A
E0, 889.124 Square Feet or 1.1683 Atres
Denton, Texas
September 20,1999
BEING a 50, 889.124 square foot or L 1683 acre tract of lend situated in the B.M.
ROGERS survey, Abstract 01 lot in the City of Denton, Denton County, Texas and Being
all of Lot 1, Block Q of River Oaks Addition Phase one, an addition to the City of Denton
as recorded in Cabinet Q, page 63 of the Map Records of Denton County, Texas, and
being more particularly described as follows
BEGINNING at a one half inch iron rod found at the intersection orthe North line ofGlen
Falls Lane (a 50 foot wide right-of-way) with the Ease line of Seven Oaks Lane (a 50 foot
wide right-of-way) said corner being the South West corner of Lot 1, Block Q.
THENCE North 01 degrees, 43 minutes, 00 seconds, East along the East be of said
Seven Oaks Lane and along the west Gne of said Lot 1, a distance of 75.00 feet to a one
half inch iron rod set for comer said corner being the beginning ore curve to the right
along the East Gne of said Seven Oaks Lane, said curve to the right having cent red angle of
22 degrees, 03 minutes, 51 seconds, a radius of 225.00 feet and a chord bearing of (North
12 degrees, 44 minutes, 56 seconds, East and a chord distance of 86.11 feet.
THENCE Along said curve 8665 feet, to the end of said curve to a one half inch rod set
for comer.
THENCE North 23 degrees, 46 minutes, 51 seconds, East along the East be of said
Seven Oaks Lane and along the West line of said Lot I,A distance of 88.15 feet to a one
half inch iron rod set for comer said comer being the Intersection of the East line of Seven
Oaks Lane ( a 30 foot wide right-of-way) and the South fine Moniecito Drive ( a 60 foot
right-of way) and the North West corner ofsaid Lot I, acid comer being the beginning of
a curve to the Left along the South be of said Moniecito Drive and the North line of said
Lot I, said curve to the Left having a central angle of 12 degrees, 46 minutes, 33 seconds,
a radius of 960.00 feel, and a chord bearing of (South 74 degrees, 05 minutes, 37 seconds
East and a chord distance of 213.62 feet).
THENCE Along said curve 214.06 feet to the end of said curve to a one half Inch Iron rod
set for corner, said comer being the North rest comer of said Lot 1.
THENCE South 06 degrees, $3 minutes, 19 seconds, West departing the South line of
said Mont ecito Drive and being along the East line of said Lot I and the West line of said
Lot 2 a distance of 190.77 feet to a one half inch iron rod set for comer said iron being the
South East comer of said Lot I said Iron being the beginning of a curve to the left, along
the North Gne of said Glen Falls Lane and the South Line of pfd Lot I sold curve to the
left having a central angle or :1 degrees, 10 minutes, 19 seconds, a radius of 273.00 feet
and a (chord bearing orNorth 83 degrees, 41 minutes, 31 seconds, West and a chord r
distance of 24.82 fat) A
THENCE Along said curve to the left 24 62 feet to the end of said curve to a ont half inch--
iron rod set for comer, {
THENCE North 88 degrees, 17 minutes, 00 seconds, West along the North Line of said
Glen Falls Lane, and the South line of said Lot 1 a distance of 214 71 feet to the point of
beginning and contai ling 50, 689.124 square feel or 1,1683 acres of land, more or less
20,
_ ~ 1
4
EXHIBIT 8
II! ~ I IJJ~;!! ~r'~! ~
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AGENDA INFORMATION SHEET A9ertaaNo. 016
Agenda ii;
lkta
AGENDA DATE: October 19, 1999
DEPARTMENT: Planning Department
DCM: David Hill, 349-8314
SURKI • Z•99.043 (MingAoop 288)
Consider suspension of the rules on a request to reconsider to rezone a 5.0 acre site from an
Agricultural (A) zoning district to a Light Industrial with Conditions [LI(c)] zoning district. The
property Is located on the north side of Mingo Road, between Loop 288 and Cooper Creek Road.
Light industrial use is proposed. The Planning and Zoning Commission recommended approval 7-
0, the City Council denied the proposal on September 21, 1999.
BACKGROUND
The applicant submitted a request to rezone this tract from Agricultural (A) to Light Industrial (LI)
zoning designation on May 25, 1999. The property is currently undeveloped.
At its September 21, 1999 meeting, a motion to approve the zoning change with conditions failed
by a vote of3-4.
OPTIONS
By suspending its rules, the Council may reconsider its action of September 21, 1999.
PRIOR ACTION/ REVIEW (Council Boards Commtssions)
'
a July 14, 1999. The Planning and Toning Commission recommended approval (7.0) of the
zoning request.
n August 21, 1999. The Council continued the public hearing for the zoning request.
• September 7, 1999. The Council continued the public hearing for the zoning request
■ September 21, 1999. The Council failed to approve the zoning request with conditions by a
vote of 3 - 4,
ATTACHAIENTS
I. Letter dated October 12, 1999 from Cooper Creek United Methodist Church.
2, September 21, 1999, City Council back-up,
i
Respectfully submitted: (1
Mark Donaldson
Assistant Director, Planning and Development
i
I.A
Oct 14 99 08,14a jot 2tnr-- 878 538-2599 p.;.,
ATTACHMENT I
CO(wRR rRIFN I. NITED METHODIST SHURCH
3209 ML400 ROAD
DENTON. TEXAS 75208
"TU U17Lt CN Ut® %?M A M star
d Jae tlneer
P"W
October 14,1999
M IMO TO: Randy Smith
(fall 972.691-1416)
MOMI Joe'Llnser,Pastor - CooperCreekUNiC
'hove retie,ted the dn,efopment plea we ditcusaed with the Trrstees for
Co% - Creek United Methodist Church. I here Is no oppnaldon loth* use of the
tto or more acres adjarenl to the church for ligh t Industrial development or the
rwopneed housing subdivision. ,
%it appreciate the time you have taken to reAtiv the plans with us and
loop
forward to %orking with you and our new neighborst
' rdiall ,
u
IITl'P.IAM- V nnn%1- nuC I.MlyMbit
ly
r~r~r1 I.."Micro M a no Nits ,
1,8
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ATTACHMENT 2
AGENDA INFORMATION SHEET k
AGENDA DATE: September 21, 1999 ~
DEPARTMENTr Planning Department
ACM: David Hill, 349.8314
I
MUM - 2.99.043 WingwZoop 788)
Continue a public nearing and consider rezoning a 5.0 acre site from an Agricultural (A) zoning
district to a Light Industrial with Conditions (Ll(c))) zoning district The property is located on
the north side of Mingo Road, between Loop 288 and Cooper Creek Road. Light Industrial use Is
proposed. The Planning and Zoning Commission recommends approval (7-0).
BACKGROUND
The applicant has requested to rezona this property to a Light Industrial zoning district with
conditions. The property Is currently undeveloped. At the September 7, 1999 public hearing,
City Council postponed the hearing to allow the applicant time to review the list of permitted
uscs and propose restrictions associated with those uses. The applicant has proposed to limit
some commercial uses and allow only light manufacturing uses on the site (See attachment 1).
Exhibit B of the draft ordinance (See attachment 2) strikes the uses Identified by the applicant.
In addition to the probibiled uses, the applicant has proposed that 50% of the front exterior of the
building, exclusive of doors and windows, be brick. The applicant also states that a TNRCC air
quality permit will not be required for then operation.
ATTACHMENTS
L Applicants proposed land use restrictions.
2. Revised Draft Ordinance
3. September 7, 1999 City Council agenda backup.
Res ectfully submitted;
Mark Donaldson
AssisOnt Director, Plapning and Development
Prepared by,
f
eichhart Y
Development Review Manager
I.C
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4
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iEP-~O-ff 0@$Oe AM GREG_CVWARb8
903"•0362 P'.OI
ATTACHMENT 1
AA0
414 6■AIR;!lV~ AIIOr
~harrni
Thursday, September 09, 1999
City of Denton
Attn.; Muk Donaldson
City Hall West
Denton, Texas 76201
Re: Rezoning on Mingo Road,
Deu Mark,
As discussed at the City Council meeting the Owner proposed to a!low all uses which are In the
commerdal dislr(ct and allow Llght Manufh.ludng tises, All other uses would be excluded.
Attached is a copy orthe list orcommere(a1 uses that you recornmended be excluded f
k0eleg request.' The Owner has agreed that these uses an be excluded. rom our
We hwo confirmed from Sirius EnterMrises that a 7NRCC a?r quality per rrn
Operation, In addition we have confirmed that brick trim at it Is not required for their
the front of the It 13 not
wiridoawt ble. be We
brieck, propose that 31Wj ofthe would be
front extedorof the building exclusive of doors and
wiridowi be brick,
Please cell if you have any questions, or need additional Information r
Sincerely,
Gr FdH'uds, p. R,
CC; Randy Smith
i
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2,
1. ,4
C'
ZAl:lula. D._
CONDMONI -0 RESTp ~PNS -
j Pvr1 ~C((o)• ~.•.J ; ~
• COMMIRCNLCONDItiONEDDISTRIGT
AEOUEBT BY EPIO bEVILOPUlINf. MO -
A. BETRACKK~FORBUILDINOSANDSTRUMAEB;
TMs LAN be 140 root soft* along M49 and MeyAB Road (Tulurn toop 208)
wM no Pat" Now" in V% Aral pr6r4 RD jok
B. PAONIBITEDVSEB;
1Ae A OWM us". odwwloe pem*od M If J. dnlrkk or offo pvrMtW
wm opproved speaft uN porn* sW be proW*d in tAla oorWA{o *d d wkt.
1.
b; Trw& ~~Pwk
k )
Edut 1afIAL Imattl
b L +brW House
a USUC Accfucrl. And inclds tal Us*f
bi ZWdlfo Imd TOW= or Mama" Tower.
1. RaersagonalendEnlydalnmenlUse*
bi Drag FFakgprrmod or E>'h oMm Ara
c Go GA lrtdc
Rodeo Grounds
o BeacxR~r'Wed Bushes
0 0" FrMb dub
q) Subi..C Tff*cWPAnW
S, Awon,obrt.B.nlayjE4
~ rie Aetrudlnp a CopPV+O
fl. b Qmlan and l4rAto TM PGeow 4 Slone, (Used FLrrbxa or Armu" Sale
7. Asekuhurfil We OP
a at PrMU)
c N+td>,C PovAr MoWWor lfWW oft oA" Awn of Pane
A Cammuel■1T Ufa
I Food Stop
b Fee Mrlcel
c Shope and Salsa of Fwr txo or AppWoot oubide a buk*V)
Traler Aerdal or Seth
S.
_ ! Favfccon and Drape of Batd CAW*. &ON, Clay. a Gravfl
WM m4w Pape 1 d 1 Mardi 31.1M
ATTACHMENT 2
• I
ORDINANCE NO. I
t
AN ORDINANCE OF THE CITY OF DENTON. TEXAS, PROVIDING FORA CHANGE FROM
AGRI(,'ULTURE (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO
LIGHT INDUSTRIAL CONDITIONED [LI(C)) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR 5.0 ACRES OF LAND LOCATED ON THE NORTH SIDE OF
MINGO ROAD, BETWEEN LOOP 288 AND COOPER CREEK ROAD; PROVIDING FOR A
PENALTY IN THE MAXIbIUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE. (Z-99-043)
WHEREAS, Greg Edwards of Greg Edwards;4n?ineeri,g Services, Inc., on behalf of Dr.
Ed Wolsld, Lm applied for a change in zoning for 5.0 acres of land from Agriculture (A) zoning
district classification and use designation to Light Industrial Conditioned (LI(c)] zoning district
classification and use designation; and
WHEREAS, on July 14, IM. the Planning and Zoning Commission recommended approval
of the requested change in zoning; and
WHEREAS, the City Council finds that the change in toning will be in compliance v4th 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 5.0 acre
property described in the legal description attached hereto and incorporated herein as Exhibit A is
changed from Agriculture (A) zoning district classification and use designation to Light Industrial
Conditioned [LI(c)) zoning district classification and use designation under the comprehensive E
1 zoning ordinance of the City of Denton, Texas, subject to the following conditions:
L That permitted land uses be restricted to those described in the list attached hereto and
incorporated herein by tet'erence as Exhibit B.
2. Lighting on the property shall be designed and maintained so as not to shine on or otherwise
disturb, surrounding residential property or to shine and project upward to prevent the diffusion
into the night sky.
3. A buffer yard along the westem and northem boundaries that is at least E een (15) feet wide
with one canopy tree per every twenty (20) feet of buffer yard and with 1.5 understory trees J,
(rounded to the next highest whole numba'r) for every canopy tree. 1. ,
~t SECTIiZ. That the City's official zoning map Is amended to show the change in zoning
district classification.
t
PA 4.
c~
SECTION M. That any person violating any provision of this ordinance thall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that } provision of this ordinance is '
violated aba11 constitute a separate and distinct offense. j
SECTION N. That this ordinance shall become effective fourteen (14) days from the date I(
of its passage, and the City Secmttq 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, i
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the _ day of .1998.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:~
r~
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EXHIBIT A
f MAY 26,1660 ' j
JO6 N0.11166
5 T CtRTAINtgWT PD 4YIN0 6@1kQ ~iTIrATED (N THE 0.`
88lJRV4YM r'xna
1f76, Dlhrf GN spy, ANA DTI► II'
LED i6C.#osACpp%~TRACT; Al Q~pp{~~ TOAR
6YSTIM6 CORPOAX ON TO'a~1tl. M D d+di 1 ►110rlRTIEY~ ' .r . , » ,
RECORDED IN COUNTY CLEANS INSTRUMW NUMBER 96•R0013T74 REAL PROPERTY
1 WORDS DVNTON OOUNTY, TWO. AND IBM MOAP-PARTICUlM~Y ORSON ! O M
CQ~MRNOWOAATA'WC600RN0iPOSTATTHEidIJTFNYWOoFt 18ROFTHE
CGDPER Cl1EEK UNITED HETHODIOTOHLMN TRACT, KING RLOORDED N VOLUME 03
Will 03, DEED RE00RD6, OENTON COUNTY, TW►6;
FE3 Ng TH Dt4KEE4 20 MW=6I 189001M WEST MONO AND NEAR A
F OE DWITHNORTHRIOHT•OP'WAYOFMW00ROAD,AN&TANCEOF!61,66FEET
T07HE POINT OF UWNNINO OF"HEREW MORM TRW.
TKNOE SOUTl140 DIGREEB 40 MWUlE8116RCONDi WPBT, ALONG ANO NEAR A
.FENCE ANO WITH THE NORTH RIOHT4P-WAY OF MINGO ROAD. A 016TAto= OF nut
FWTO ACORNER;
• THENO6 NOWN 11 DlOREEB SI MWUTS® 27 88CONDE WEST, A OwM a OF nag
FEET TO A CORNER;
1 ~OIl DECREE6 Sf MINUTES 06 6ECON05 EAST, A DI STANCE OF 601.41
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EXHIBIT B j
mill i~ght industrial Distrint j
)REAHITTEn tI8EB1
primary Residential Use's i
One Family Dwelling Restricted f
Dormitory, Boarding or Rooming House
Hotel or Motel
Edur. enal, •institutiorial k s eaisl lees
Art Gallery or museum
000 vb~
Church or Rectory
College or University or Private School
Community Center (Public)
Day camp
Day Nursery or Kindergarten School
Group Homes
i~+yl•iielre
Home for Care of Alcoholic, Narcotic or Psychiatric Patients
Hospital (General Acute Care)
Hospital (Chronic care)
Institutions of Psligious or Philanthropic Nature
Public Library
monastery or convent
Nursing Home or Residence Home for Aged
Park, Playground or Public Community Centex
School, Private Primary 'or Secondary;
School, Public or Denominational
School, Business or Trade
sUt.ility, Accessory and Incidental UAL
Accessory Building
Community Center (Private)
Electrical Generating Plant
Electrical Substation
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.
off Street Parking Incidental to Main Use
Off Street Remote Parking
Private Utility shop or Storage Yard
Public Building, Shop, Yard of Local,'State, or Federal Government
r ;
Sewage Pumping station
Private Swimming Pool
Telephone, Business office
Telephone Line and Exchange switching or Relay station
Water Reservoir, Water Pumping Station or Well
Water Treatment Plant
3!ght -Xi-4ria1 Dielr4 F feat. vedf 4.4
r
Reereationat anti n er airnmant 119
' I
Amusement, Commercial (Outdoor)
lmusement, Commercial (Indoor)
Country Club (Private) with Golt Course
Dance Hail or Night Club
Public Golf'Course
Commercial Golf Course
.Public Park or Playground
Public Play field or Stadium
Roller or ice Skating Rink
Swim or Tennis Club
Theater, Other than Drive-in Type
Transportat~en,gq)ated Uses
Airport Landing Field or Heliport
.Sus Station or Terminal
Hauling or Storage Company
Motor'Freight Terminal
Railroad Freight Terminal
Railroad Passenger Station
Railroad Track or Right-of-Way
Railroad Team Track
Truck Parking Lot
Commeroial Parking Lot or Structure
Automobile serylen uses
Auto Laundry ~
Auto Painting and Body Repair
Auto Sales and Repair (In Building)
Gasoline Service Station
New Auto Parts soles Store6
?New :or• Used Car Sales 'Lot . In 0 en ; r• '
Seat Cover and Muffler Installation Shop
dm-- 1_ A
Used Auto Parts Sales (In Building)
Retail and Service Tune Usga r
A
Antigua Shop ,
Bakery or Confectionery Shop (Retail)
Cafeteria
cleaning and Pressing Small Shop and Pickup
Custom Personal Service Shop
Drapery, Needlework or Weaving Shop
Florist or Garden Shop
Greenhouse or Plant Nursery (Retail)
~G Al
16LY11 Light ; Adhtri. al nietriot foontii Adl
Retell and Service Tune trees (pon -inued)
ndicraft Shop
.,usehold Appliance service and Repair
Laundry or Cleaning Self Service
Mimeograph, Stationery or Letter Shop . j
Mortuary' or Funeral,. Parlor ,
Offices,' Professional and 4aministrhtive'.'
Off Premise Sale Of Beer acid/6Y Wine
On Premise Sale of Beer and/or Wine
Licensed Private Club
i~rwiiw!
Restaurant
Retail Stores and Shops - 4,000 square feet or less
Retail Stores and Shops - Over 4,000 square feet
studio for Photographer, Musician, Artist or Health
Tool or Trailer Rental
Agricultural Type Uses
Animal Clinic or Hospital (no outside runs or pens)
Farm or Ranch
Greenhouse or Plant Nursery
tmmgrclal Type Uses
Bakery (Wholesale)
Building Material Sales
Cabinet and Upholstery Shop
Cleaning and Dyeing Plant (commercial)
Cleaning Plant, Bags or Carpets (Special Equipment)
Clothing Manufacture or Light compounding or Fabrication
Contractors Shop and Storage Yard
Engine and Motor Repairing
jiarrl.~ir~rr .
Heavy Machinery sales and Storega
Job Printing or Newspaper Printing
Laundry Plant SCommeioisl)'
Milk Depot, Dairy; or Tce Cream Plant :
Paint Shop
Petroleum Products, Storage - Wholesale
Plumbing Shop
Scientific or Research Laboratories )
Storage or Sales Warehouse
c.._„_.. _ _ _ A
Transfer, Storage and Baggage Terminal 01\
Wholesale Office and Sample Room
Special Tndsstrjal Processes
g
C.
"LT" L•ighi nduatria] istr nk [aont. RA
General Manufaotaring and jnduatrial Uaea
Light Manutaoturinqq industrial uses which mist the performance
Stan3ariis-presaj'iTed by Article 13, 18A, 1 through 7.
pS jRM~T2~ED U'sSe 1•TITR APPROOED SPSOIPSO U6S PERMIT!
Prinary-Iggaltiontial Xiang
F.d a tonal, institutional &oial Uses
Fraternity, Sorority, Lodge or civic club
11t lity. Accessory and jnoidental Uses
Sewage Treatment Plant
Agricultural T.YAD-11fifin
commarefal Tyq W= '
Natural Rec_eurce storage att Extraction
Extraction and Storage of Sand, Caleche, Stone, Clay or Gravel
Mpeniyl Tndustrial Processes
~Qwlis- WIN 66 t
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ARP.A AEOUIRI'_x_ENTS2
Floor/Area Ratio 2:1 Maximum
YARD REQUIRE •NTRi
Front Yards Minimum 25 feet
Side Yards No side yard is specified for'non-residential use
except where a non-residential use abuts upon a
district boundary line dividing such districts from
a residential district or when the side yard is
adjacent to the street, in which event a tan (10)
foot side yard shall be provided
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tnLYu L121st~rALetrlal 104e4tvict feeht eQ1
YARb REQOIRLHBNTe faoatinueAlt
Rear Yards No rear year,is specified for non-residential use j
except where retail, commercial or industrial uses
back upon a cod+mon district lies; whether separated f
by an alley or not, dividing the district from any
of the residential •districts listed, a minimum of
aen' (10) feet shall. he provided... .j
HEIattT REOVLMONat
To any legal height not prohibited by other laws or
• ordinances.
In the districts where the height of buildings.is restricted
to two (2) or three (3) stories, cooling towerst roof gables,
chimnays 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.
BUPPLTIMN'AL REgurATiON82 '
1. Parking (Based on use. See Article 34-115.)
2. signs
3. Lighting
4. Landscaping
5. Screening & Fencing
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5 X60
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ATTACHMENT 1
AGENDA INFORMATION SHEET Apatrda Noa
ll 99=038
w& Mtn
Dab
AGENDA DATE: September 7,1999
DEPARTMENT: Planning Department
ACM; David Hill, 349-8314
SUBJE ST -299.043 (M1ng&7oop 18)
Continue a public hearing and consider rezoning a 5.0 acre site from an Agricultural (A) zoning
district to a Light Industrial with Conditions (LI(c)J) zoning district. The property is located on
the north side of Mingo Road, between Loop 288 and Cooper Creek Road. Ught industrial use is
proposed. The Planning and Zoning Commission recommends approval (7-0).
)3ACKGROLfi!D
The applicant has requested to rezone this property to a Light Industrial zoning district with
conditions. The property is currently undeveloped. At the August 17, 1999 public hearing, City
Council postponed the hearing and requested additional information on the proposed use. To
date the applicant has not provided any additional information.
ATTA---_DIE
1. August 17, 1999 City Council agenda backup.
Re flatly submitted: ,
i d L+-
i Mark Donaldson
Assistant Director, Planning and Development
Prepared by:
i
LOW R tchhart I~
Development Review Manager / r
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GEND~ TNFORIb(A'1'JON SHEE1-o•4: ' 99-035
- /Ipjrdako" a
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ATTACHMENT 1 Dab `
,ENDA DATE: August 17,1999
DEPARTMENTr P1suningDepa1ment
ACM' David Hill' 349 8314!
SUWE.Q-Z-99-043 (MinZA4"p 28)
Bold a public hearing and consider rezoning a 5.0 acre site from an Agriculdiral (A) zoning
district to a Ught Industrial with Conditions [U(c)]) zoning district. The property 1s legsily
described as 5.0 acres in the S. Williams Survey, Abstract 1279 in the City of Denton, Denton
County, Texas. It is located on the north aide of Mingo Road, between Loop 288 and Cooper
Creek Road. The proposal is to allow for light industrial use. The Planning and Zoning
Commission recommends approval (7-0).
BACKGROUND
The applicant has requested to rezone this property to a•Light Industrial zoning district with
conditions. The property is currently undeveloped.
D The sbbject property was annexed into the City of Denton with a temporary Agricultural (A)
zoning district classification and ust 'j October, 1996.
D The proposed development is consistent with some of the policies of the 1988 Denton
Development Plan (DDP) as applicable and many of the 1998 Denton Plan (DP) Policies (see
Attachment 1- Comprehensive Plan Analysis section).
D Two (2) property owners were notified of the request by certified mail on June 29, 1999.
Three (3) courtesy notices were also mailed. Informational signs were placed on the property
as well. As of this writing, there have been one (1) response received In favor of the request.
No other responses have been received.
PRIOR ACTION F. W
'The following is a cbrouology of Z-99; 043, eommoaly known es Mingo Road4.oop, LBg:
Application Date-May 23, 1999. `
P&Z Date --July 14,1999.
LiTIMATED PRom CCI -yLE
' .
Tlie property must be platted prior to development. t"
Development of this property will increase the assessed value of the city, county, and school
district. It will require no short-term public improveme6ts that are the responsibility of the city.
13.
a
a •
The Plapnins aad•Zycing Comnriasion reoommenda appsowl (7-0) of tbls toning request with.
the tollo~jLig T o
'
]l fighting on the property shall be destined and maintained so a' pot to shine on or otherwise r`
disturb, surrounding residential prop' Ry or to al& snd project upw to prevent the
diffusion into the night airy. ,
2, A buffer yard along rho wwtem andpoithera boundaries that fait least fifteen (15) feet aide '
~?th onb ~py.~o 1 1 C! y t►d~+ (20)'f, Qf buffer yard find wrth 1,3 tradeistbry trees ,
(rounded io the nexi blotst whole number) for every can6py trees' ;
QMONA
1. Approve as submitted, i
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
5. Fable item.
ATTA~LVT$ '
1. Planning and Zoning Commission Report, July 14,1999, Z-99-043,
2. Planning and Zoning Commission minutes from July 14,1999.
3. Draft Ordinance.'
tfuliyr sub tied:
A ;~O I bMI T jt%P--'
Mark Donaldson
Assistant Director of Planning sad
Development
Prepar by:
thr)m Nilssen u
P1aan« J
fAti
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ATTACHMENT
PLANNING AND ZONING COMMISSION e
STAFF REPORT Dab
v
Subject: Mingo/Loop 288 Case Number; Z-99-043
Ste: Kathryn, Nilsson '',Agenda Date: July 14 1990
room
4old a public hearing and consider making a recommendation to the C'ra'y Council concerning the
ezoning of 6.0 acres from a Agricultural (A) zoning district to a Light Industrial with Conditions (LI(c)) j
zoning district. The proposal Is to allow for light industrial use.
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LOCATION MAP.
Location: The property Is located on the north side of Mingo Road, between Loop 288 and Cooper
Creek Road
Size: 6.0 acres °
Filename
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>pncant: Greg Edwards Owner. Ed Woisid
eg Edwards Engineering Services 24361-35 E South
0 N. Carroll BLVD., Suite D Suite 336
aton, Texas 76201 Denton; Texas 76205
T~
e developer Is requesting a Light Industrial CondConed [LI (c)) zoning digtrict classification for this
) acre property. The proposal is to allow for light-Industrial use.
)88 Denton Develrapment Plan Analysis
ie 1988 Denton DevEloprnent Plan (DDP) shows this area to be within a Low Intensity Area.
iese areas are Intended to be developed primarily for single family residential development. ~
aghborhoods are t, be serviced by a network of small commerciailretalt centers spaced at about
mile intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip
merat on due to development within Low Intensity Areas is restricted to 60 trips per day per acre In
1:ar to balance land use with road capacity. Staff finds the proposed development to be
)nsislent with some of the policies of the 1988 Denton Development Plan and Inconsistent
its, the bip Intensity standards rf the 1938 DDP (See Enclosure 4).
e,,,, Denton Plan Policies Analysis
ie 1998 Der,lon Plan (DP) is to be used in conjunction with the 1988 Denton Development Plan in
ialuating the consislen(y of proposed development with the long range vision for the city. Staff
-ids the proposed development to be consistent with some of the policies of the 1998 DP (See
nciusure 6).
iPFi(?iA1L O
ME M
'rronsportation
A. Trip generation
Table 1. Proposed Land Use Trip Generation
[Atowed and Use Average Tri Avera a Level of Avera a trips P 9 D per sere
Generation Per Development
ustrial 6 trips per 1,000 sr
~I17,424 sflacro 105
I
Trip 6.0 acres 300 trips 60 Vpslaere neration
erence 225 76% above allowed trips
aIW" IIOnlTrRdadby the InstIM4of TronsportallonEnglnears,loll
'
uename
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Access
Access leavallable onto Mingo Road.
L. Road Capacity
Mingo Road Is Identified as a collector street by the 1998 Denton Mobility Plan with a capacity of
9,100 trips. While the Mobility Plan designates Mingo Road as a collector on the east side of ,
Cooper Creek Road, the west §lde holds no such dassiflcetio6 until it crossss;south at University
and It beoo'mes designated as 's aeoondery major Medal. The 1997 traffic fnunl indicates 1.476..
trips on Mingo Road, just west of Cooper Creek Road. There is capacity to handle the trips
generated from the proposed development. Mingo Road is currently bu4t below standards and
can handle 3,800 trips as the two lane undivided rural road that it Is.
r
D. Pedestrian Linkages
Sidewalks along all public streets are required.
Utilities
This she has access to existing water and sanitary sewer lines.
Fire:
There are existing fire hydrants on the south side of Mingo Road, however they are not adequate
to serve the proposal and additional hydrants will be necessary.
t. Drainage and Topography
'ew development will be required to deslgn and construct a drainage system to city standards.
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.
1. Signs
As per the sign ordinance.
i
5. Off-Street Parking
Newdevelopment must provide parking according to the regulations of Chapter 35 (35-301) of the
Code of Ordinances. The total number of parking spaces required by any one development Is a
factor of one (1) space for each two employees, or one space for every, 1,000 square feet,
whichever Is greater:
6. Landscaping
This property will have to comply with the new Landscape Code, which requires fifteen (15) trees
per acre and twenty (20) percent of all surfaces to remain pervious (plantable area).
17.
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Llghting,,
thong on the property shall be designed and maintained so as not to shine on or otherwise
,curb, surrounding residential property or to shine and project upward to prevent the diffusion Into
the night sky.
tober 15,1996-The subject property was placed In the Agriculural (A) zoning disldctand land use
sstfication by Ordinance 96-233.
s subject property is not platted and would need to be platted prior to any development.
dice of the zoning request was published in the Denton Reoord-Chronicle on July 4, 1999. Two 44
property owners were notified of the request by certified mall on June 29, 11999. Three (3) I
urtesy notices were also mailed. Informational signs were placed on the property as well. As of
s writing, there have been one (1) response received In favor of the request. No other
,ponses have been received.
e applicant elected not to have a neighborhood meeting because there are very few, if any,
sidential homes In the area that would be impacted by the zoning change.
aff finds this proposal consistent with the surrounding land uses finding that, recently, a five (5) acre i
rct Immediately east of the subject property was zoned Light Industrial Conditioned. Also, directly
Guth of the property is Classic Corrugated and Safety Ween Corporation both being Industrial users.
hile the Growth Management Strategy designated this area for multi-famlly, the surrounding land
;es and transportation systems would likely Impede the development or muttl-famity uses on this she.
ie land-use map currently under construction in draft form does designate this area as an
nployment center. Therefore, staff does recommend approval with conditions. These conditions
e consistent with the conditions imposed on the tract to the east.
:EG Mb
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taff recommends approval of Z-99.043 with the following conditions: !
Lighting on the property shall be designed and maintained so as not to shine on or otherwiso i
disturb, surrounding residential property or to shine and project upward to prevent the diffusion Into !
the night sky.
A buffer yard along the western and northern boundaries that is at least fifteen (16) feet wide with
one canopy tree per every twenty (20) feet of buffer yard and with 1.5 understory trees (rounded
to the next highest whole number) for every canopy tree.
iiena.ne
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,e to reoommend approval of 2-99-043 with the oondttions as outlined by staff.
R~oommprid approval as subinhted ~ , '
Recommend approval with oondiHons:
Recommend denial.
Postpone consideration.
Table hem.
Vicinity Map.:
Zoning Map.
200 - 600' Property Owner Noti icatlon Map.
1988 Denton Davelopment Plan.
1998 Denton Plan Policies.
Draft Ordinance,
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FJeMme
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ENCLOSURE
NORTH
.43 MinoolLoop 288)
r, SITE
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Ch=b
claak;-
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VICINITY MAP '
knQa bate: July 140 Ogg 20,
Saalc Nord ,
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. , `ENCLOSURE 2
NORTH
L -043 MingolLoop 288
SITE ,
A
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LI (c LI
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ZONING MAP
Benda Date: July 14, 1990 Scala: None,
i -."-21.
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.-ENCLOSURE 3
NORTH
.43 MINGOILOOP 288
. SITE
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UFFER
pp F001
Of W OR
200 - 500 FOOT BUFFER MAP
Oman=
genda Date: July 14, 1999 Scale: None
E
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EN&0190k 9 4
Denton Development Plan Analysis
a 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area.
3se areas are intended to be developed primarily for single family residential development.
ighborhobo$ are lobe serviced. by a network of small comrnercial/retall centers spaced at about "
rnilt3 Intervals with direct, access to a collector type street, or lergt3r th6r6u6hfai6. Vehlpular trip
Seratlon tiue to development within Low IntensitiAreas le restricted to 60 trips per day per acre In
for to balance land use with road capacity. Staff finds the proposed development to be
nsistent with some of the policies and Inconsistent with the trip Intensity standards of the
88 DDP. l
e table below provides a summary of the 1988 Denton Development Plan policies applicable to this
)Jecl:
Denton Development Plan
Policy Analysis Summary
Low Intensity Area
Development Rating vs. Policy
POLICY COMMENTS IncorMa~ 1rLCs orient CarLSlstant
ntent. These areas represent prunary
okdng areas rdtNn the aty. x
nt.nsity. To be oxst* it with the Ka"d Intendty • 60 bWacre
L dew Owd not excsed ft momw in%-siy r 300 tepVsite X
ita Plan eontrof. sM property Stralght LV* Ir dustrtar wkv offers gMe
levelopment oonbd WtNn 1,600 feet of cite plan contd.
,dtbrg law deridty reddenbal arm. X
'r&McDeilyn. Access should be
Aovlded to ensure ftt mOd-fam0y or
vn-residentlat Lacs have aoxss to
nnedors or Wrper arterials Wth no dired
10=5 WM0 modenual streets. x
7pen Space. Subident preen space, No open space Is proposed or reOred,
ecreabond hurtles and diversity of parks
ire provided. NA
public Partldpatlon. IW kilo No meeting was held.
Manning by neighborhood assodattons and
murds Is enmurayed. x
Land Use Dlverslty. NwragdeMat and
rmAb-family devetopnwd Is eriomiraged to
a pmhd degrm x
ManufacturedHowing. This Form of
d e-famly howng may be compabde
W1 &-Moprtnblin the low inlwvg~
areas ~
Strip t:ommerclat. My form of
contlnuous strip oomrnerdal k strongly A'
Q eel Wa near low
wwrap hteratty areas, x
llama"
NONE
r~NCLOSURB'$
,S Denton Plan Policies Analysis
`18 Denton Plan (DP) is to be usad In conjunction with the 1988 Denton Development Plan in
l 19 the consistency of proposed development with the long range vision for the city. Staff
s the proposed development to be somewhat consistent with the policies of the 1998 DP.
table below provides a summary of the 1998 Denton Plan Policies applicable to this project:
Denton Plan
Policy Analysis Summary
Developrent Rating vs. Policy
CATEGORY POLICY tnaonststent a Corutstmt j
nsparbldon. CompnmentsDentons I
lon¢Rarge Tlaroughfan! Plan,
Pcornotes Atom Manaoernent Practices x i
Optimizes operatioru for emergem sWce providers and
other public s"ce providers. ' x
Promotes public transportation system i
Contibutes to the Denton Trans network. j
nnwater Drainage. Protects I0Dyear Foodplain areas to accordance with {
Denton's watershed management plans
Conrorns to foal subdivision tegutaUmt x
Contributes to regional detentlon facilities.
Rovldes for natural rfparlan environment along foodoaln. X
Upgrades eudsting substandard drainage systems as Infll
and redevelopment occur.
ter and Develops and malntains property and private
stewater. Infrastructure. It
t
Creates opportunity for everlOng water and wastewater
Goer to meet future development demands i
Rovldes review of proposed water and wastewater
trMastructure to ensure public safe!/ and healh x
promotes Infil Improvements over new line eAenslons. x
Xtric, Proddes underground electric service for new residential
and ranresidential devetopme& x
lid Waste. Promotes effdent access to an development for sond
waste service delivery. x
rks and iteueatlon. locates parks ==c ides In accordance with
the Park: and Plan.
Enhances parks and recreation opportunldes for residents. i
Reserves foodplaln for parka and open apace to old In
f oodplain conservation effaft
Allows combining of parks with other public fad ides to
aNeve cost-tRectlve delivery of public IeMaa.
Fesideotlat development shasAd dedate land or fees In
feu of land for neighborhood parks r,
svtronmentat Quality. Promotes preservation of nabnl resaurcm
Integrates environmental protection with eaonomk
_ growth and community development x
wme '
c,
188 Dentgn Plan Pollcles Analysis (continued)
Denton Plan
Policy Analysis Summary
Development Raft vs. Polley
.CATEGORY' ' :POLICY . rv+modsnni App chic
dghborhoods Pr ,,,;aass and wffgmrAy Willies for
Enomrapes a mbmre of lard uses that berasilt rddents.
Pro" and Preserves Oftv neloboMoods.
Promotes bkyde and pedWan bemc WM end
betve nevw*oda to reduce "Na ff trips.
ouainp. OPrW M seotk! dw housing ~.thet eppe+i to Merv
sera vave of drr¢*-" lot dm, bA&V dzm
Preserves edaV houdnp, Wu ft affordable housing.
Irwpses MG housing aro4udloru
Mraffla ConbllxRa to end o rag the bd brae. x
+nwMattan. YKred
;ovarement ErMwm htapamrtunerrtel mardnatlon to prwfde
a*Vfe&m public aer*m
Jrban Design. Addresses mrrimMy appearance fn a am
prdreredve
manner.
ohwMes aroNtedurel appearance of bunt wMr nnent.
Ndghborbood M devefopnent tAM be mmpallbte J
with t Ming fend uses and bulldnys. x 1
Protects end preserves Denton% ardAectrrel, Weirs! xd
hhUrlasi resources.
r
FMances ft appearance along moor er&wawft%
Promotes the pnea motion d trees and fard&xMI", x
Public Invohrement. Provides in oppvtu* for pAlk o*don &ft the l
pamiq process x
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ENCLOSURE 6
ORDINANCE NO.
AN ORDWWCE OF THE CITY OF DEMON, TEXAS, PROVIDING FOR A CHANGE FROM
AGRICULTURE (A) ZONING DISTRICT dfASSIF?CATION AND USE DESIGNATION TO' .
LIGHT INDUSTRIAL. CONDITIONED (LI(C)] ZONING DISTRICT CLASSIFICAtION AND
USE DESIGNATION FOR 5.0 ACRES OF LAND LOCATED ON THE NORTH SIDE OF
MINGO ROAD, BETWEEN LOOP 288 AND COOPER CREEK ROAD; PROVIDING FOR A
PENALTY IN 71M MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECT1W,, DATE. (Z-99-043)
WHEREAS, Greg Edwards of Greg Edwards Engineering Services, Inc., on behalf of Dr.
Ed Wolsld, has applied for a change In zoning for 5.0 acres of land from Agriculture (A) zoning
district classification and use designation to Light Industrial Conditioned (LT(e)] zoning district
classification and use designation; and
WHEREAS, on July 14,1999, the Planning and Zoning Commission recommended approval
of the requested change in zoning; and
WHEREAS, the City Council finds that the change in zoning will be in compliance with the
988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Gov . Management
trategies and Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS:
H-QTLM. That the zoning district classification and use designation of the 5.0 acre
property described in the legal description attached hereto and incorporated bereln as Exhibit A is
changed from Agriculture (A) zoning district classification and use designation to Light Industrial
Conditioned [LI(c)] zoning district classification and use designation under the comprehensive
zoning ordinance of the City of Denton, Texas, subject to the following conditions:
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 a1ry.
2. A buffer yard along the westernand northern boundaries that is at least fifteen (15) feet wide
with one canopy tree per every twenty (20) feet of buffer yard and with 1,3 underdory trees
(rounded to the next highest whole number) for very canopy tree.
i
SECTION . That the City s official zoning map Is amended to show the chaapi In zoning I
district classification.
SECTION M. That any person violating any provision of this ordinance shall, upon
,onviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance Is
violated shalt constitute a separate and distinct offense.
26.
i•
Skr][ION IV. That this ordinance shall become effective fourt2ea (14) days from the date
of its passage, and the City Secretary is b"y directed to csuso the caption of thin ordinance to be
lublished twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
texas, within ten (10) days of the date of its passage.
PASSED M'," APPROYEI) this'the dayof.., ; :1948
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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s•A 1~~ C I
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Pagel
` ~ `r Page'3OS ,,f~~ , v., ,.~,~+~'~,'!~9at3+cdabola 07 i
F' `SEC ET: It was In tba orlgipal„ , , . , a tsonth ago •I mink it w±p µllpd 'n . ' ' j
3 co~ilileort wliL'aa 986 Deatoo Developmeo Ufa n
M It W"*M eady MvlM1 4,'How", tells laooali~eat with tbe'trtp`i ~wnsdod
M(> Okay. 'hunk you. S Thb is ctawtfied by that pine m g low-tutmityaroa
tht
pow di Q1ps d: ,eratad would be ?S paant }bovo , i
IELBRECHT: YeS~ M!. Oourdie • • 6
,lieldW . ,
>t UL I jtrsfdtiat toju~st l ? pwPd#ipx' ao`e is e(arentl`y buitt
n So tttn7le$ that y'i1l SM' Qr~t ` 8 -'sj+mdatdi~s f t gs roes 4p°a'c~H Bova. Wit 6W
c that's wonderful. And the while reason 9 hurdle 3,800 trips as is. Su~Jad property hie bean 10
'alts care, and I'm sorry, about that, Is 10 the AgAcultural wdq dle-40t dm October of 1996.
Asley Lane is me* bothedcg tae. • ' 1 l Nod ro was given on this nee to the paper
3ELBRecirrt Obviously. t= on July 4t% 1999. It wes p6blished on that data Two
JMM- But I just wpnt to spologim 13 property owneri were given legal mod, a and three
o strong. Sam to you, Muk, I 14 courtesy Dodoes were malled Tbere's bap one response'.
t it just took the by surprise. 1 think 15 ycoeived in favor or thU request. Tbd epplieant did
Fall am tbtnldng that way. Thank Joe 16 not elect to love a Delghborbood meeting because them
bank you. 17 am very few, if my, rWdendat bermes that would be
WELL: Elizabeth, l thought i tuns the is impacted by ehb r dog change.
Irized to get on staffs car, 19 sun' rinds this coostent with the
URDM- I'm moving im. 20 surrounding land uses coo &ft that Classio
'aELBp.P.Ctttf Any other comments? 21 Cori&&W Is over bat, is directly south or the site.
)Mo. W. Powell, ploog with Ms, 22 The alto tbi t you have reowdy changed for UCA I$
•ttld encourage tta7 to bring its Was of 23 right here sad 1 have a sonlog map. Let me get that for
d Dot get discouraged because of our vote 24 your And we do have a light Industrial district over
23 bete. Jim Is a MIWW Churi'k'* the career`. it's
Page 106 Page 108
weASON: we'll bring picture text t every smallchurch smd 1 know that Just speaking with
2 some of the ividents out there apparently them trod
3mo: yes, that would be helpful. 3 to be a small communlty out there, Rod I know that those
;(StuxtCasn Don't forgd those Crape 4 residents bave talked about trying to get ire a
outside, veld Ira? . S blstodal district or wbat-Dot. But it does have some
)MLP, tang live the Crepe Myrtle. 6 nice troy to the wet or it and hat somewhat of a
tAYr Staff will lake U Into 7 buffer from the TRCAL Of course, this sire is bdweeD
6 the church on the otha side of UCCA. so it wotddn't
40ESBREOn, Any other discussion? All 9 impact the elrorch e3 much as the. 1AG site would
motion raise your tight bawd. Motion 10 The Growth Msmatlememt Strategy originally
lowly. it ailed for•tbat to be a mutddsmlly site.. It's pot a ' . ,
e
very frteagly site. Poi,ihat `76e rgilioid rek l~: ,
vo.11 thee, Vold a'pubiie }eating ' 12
mald`sg a rocommeDdadon to City Coumoil I3 imtmedi2tely 446=6 0 that dta,'Thae's, an overpass
e rt2oning of 5.0 acre from Agriwltural 14 Just hem that you an See. It's visually unappealing
strial. The property Is looted on the 15 for my Mod of told-famlly or retdenttal hotom It's
Mingo Road bctwwo imp 238 end Cooper 16 mom of a hi fher•we area. Mr• Dooddsoo has Wormed
r
The proposal Is to allow for indusbW 17 IN that the Lend use pram that we"txs M11Y Weddell
a lei UM - at this time 1 wltl open the 13 on WA. is ire draft form Is ailing for that area to be
is. Mr. MILM will provide us with the 19 an Employment Center. f
20 so where - I think staff to really not too .
4e.: TbMk you, Mr. Cbalr, 21 omoernod at this point veldt the trtps geoeredoo and it
cm As nxodoned, this Is a 5.0-acre plwxe 22 CUUWy Is 02ttdstmt with the trurroUt diog uses
foaled our the north side of Mingo Road. It 21 nmfore, gritdoes nxomroeod approval of 2*44I
wood Agrlc i ural sod the applicant Is 24 wltb the foilOWW MU M4 led tbae taodidoos rue
Iigbt IaduatrW with Coodidons ronlag ` 2S ooadstW1 w1Jch ph+oed oe 60 TRCA ttootng ease.
mo Amy 14, 1109 Page 105 -.Pogo ICS
A zol
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Pip109 page T,
se, till llgbthag'bo V» property shall be dalmid add , 1 ' ' M K tt1 HMA What non?
r:..Toed so is not to abate' oa,oi of wAse diftb V.. rr o a MS. mts.aR: r gentlemm,tyho aria on out
diaa reddeatial pro party or to shiers and p act'' S ! tax roles iu oonlicl for, the church Nraa ieot'a 1006M
sward to prevent the dUfudoa In ale night airy, And 4 I don't know whist W normal tide 1s. .
so & buffer yard was put on the 6ing dutrtct fa 3 MR RL4EIDLe What Is tbo distance betwtxo
tat and I Lava Included that buffer yard Havleva, ale, 6 the property and tbe~cbitrcb properq?
rpllaa},lf'r6gaiatiag t5at 1 W ooodid66 to Of 9 • Ms: tt1<.tiss~f: We~li; y9u',v9 got p4 ivgacre
tddidob ii - ttiid could be't'6it this bulfei yard tNrdd a Traci betwoEn fhli opexty 44 d {ids {iropeity, '
x1y be oppNed if it is abutting a mom re wcdvo 9 MIL 170NALUSO: The c}rurch property tell
N11011 district And the bolter yard deog the westw 10 Within the 500 foot just barely. .
M9. MIMEN: Oh, I'm; sorry. Yesh. That's
23 aartlera boundaries Is at lent 1S fat wide with 11
oar aaopy tree Per every 20 fat of butler yard with 12 what you were asking mb..I can show you that.
5 unda-story trees rounded to the text blghest wbole I S MR. ZNOta2.BREM: PESOS is the backup.
umber for every canopy trot. 14 W. NB.SSEN: If just barely got the eburch
MR DONALDSON-. R'd probably be Crept IS property bete. , .
.fyrtles. Id M FL ENOEL13RFXM: Other queWots? Since
Ma EVOEU EECSm YealL I way getting reedy 17 we've thready covered the Crepe Myron, I'll go on to
o ask wbether there was my crepe Myrtles or other 19 two other ones. 9Tria church property, does that include
lowering perOW4 to be placed on this property. Any 19 the Cemetery back them or Is that further down the
iuesdots for staff? 20 road? . _ , . .
M3. aANUA. Mr. Saimoo may have to addrea 21 MS. NIISSEN: No, sir. It's actu any
his, but foe Infamadooal pwpose4 wbet is the 22 further down the'road.
nolmdon rot any t:pgradea to Mingo? 23 MR. t3NOF1.8RECtrfs Okay, This is different
Fu taro tort: our Mobllity plan slows that 14 With regard to,the other piece that WC zoned, we did
a or bfago Road as just t local road so it + 25 have the buffer re4wrement, did we not?
Page 110 Page 112
probably would mvr be any wider really than what it I M. NE.SSEM, Yes, we did.
is, two'and. But 1 think Re'm trying to dasmphmize 2 MR. BNOELBREM3 And wbem was that buffer
that section of road for drainage because thert's some 3 required on that property?.
drainage concerns alert. 4 im. t41 EN. i believe it was the eastern,
143. APPLa Okay. Thanks. 5 northern, and western sides.
M.fR 134f3PLBREC2rr: W. lwwell. 6 MR. ENost aREM.- okay. It was ell throe
1,11L POWELL This is probably a little off 7 sides: And we're only requesting ails one on two sides.
e this time, but I'm going to tncation it is there g Nm N¢SSsm Yea, sir. And the applicant
some WAY We could designate this lighting condition to 9 is requesting only if it's abutting a more rewetive
standard or as Lighting Conditloo No. I or something to toning district
Rp don't have to read the dad-burn 64 every time? it Met ENOF,t.BRBCtrt't We wouldn't know that
A uoNAS WON: `well,' It's'', isy for us for i i t ts, t+nssei3:. wo1l; gucsa his tbaoryis '
ax computers,.. 13 that right now It's Agricalw' 'M id if be went otrt and
Met BvCM- You could say lighting as 14 built today, be would have to construct a buffer yard.
recorn ded by staff, 15 If at some point the property to the north and weer is
M FL DONALDSON. Yeah, that will work. I6 retooed Mato a less r"Wedve toning diaMct;
M!L ENOELBMM: other - yea, Mr. Moreno. 17 themfcre; be wouldn't haw 10 do the buffer yard. So r' A
Mt. MORENO: Yeah, a question. You ssld you to bo's kind of protecting himself from building a buffer _
had 00 aelghborbood mating aol you mentioned 9%' 19 yard up atgalnst, Me, a Heavy Industrial or the rime
Cbwcb, ate members of the Cburch at W aware of the 10 type of wning dlatrlCt . ,
Ing change requested? 21 Met RL4HEi a He's be't&, s on tb) feet that
W. t m.55EN: They Reis on and I don't 22 they're going f o Nava t0 d0 I; not him,
Witt to ley what q&cdy he represents but the name on 23 MS. HaMEN: Or txitlter one
our tax roks for the cbwch was Kai a coda; 24 MIt. R1Sit73L; Or he'll have a Compatible
MIL MORENt? Okay, 23 ellghbor.
; ANNINO & ZONING JULY 14o 1999 - " " ;page 109 - Paige 112
C
CoadetiseItsas ,
pagb113 a,;, t,•.;,. Page31S
I.nt. DONAM56N, if before tits oertilioite of : t ; industrial use,to proteM,them iron;-, or do mooning
icy Is lsiti Ibe'?wlni to ccmxpaiible 9 industrial tue.froal `dud it dxlo;~ RaP1 T ~
district; d1C6 as rogticdod by a e appliant, 2 i Deoesaary if shag, AgriaultuW t, some more irottrlcdve
uld Lot be required to'do;tha buffer yard, ' 4' use, aro don't have a pu8culu problem With that ' $ut
> u. N1Ll4dENo tt would tetease him fiom S Just 10 try to eliminate that so lout soom~eltim'eLio ilie
t •.i i'} a~~. . r. , 6 fYturcj ft propQ~a am 1=14ie`~fl._ MV.•ldn't hivi '•~1. '
J ' Mx EN6t~aEr2nx tahy ale we a loi fct 7 ~q a0 tttings fhal.Wp!eeot ~ypScali~ ■w ;uw;to b~R
Tts aoiitt 1~dv/wluu gi aill by tb:t` g betw6 rises and that's basically our tequedt for!
10,
i just As and that's why? 9 condition.
w NnssEtr: why are we caking for the 10 1 think staff has done a good job of
Ifer yard? , t t presenting the information to you. 7be City is looldag
M0. @iOP,12ttECHT, iaight 12 for this area to,bo a wont employmeot•type cater.' We
Ma idr MEN. robe consistent with the 13 do have a person under contract on this particulu - or
aing cue ibat'a right next door,aad right now we do N our clients have a person under contract on this
:ve as Agricultural zoning district. is property who would be interested is building at dis
M EatGEURMm And it's going to sort of 16 particulu location and•lbat's why we're requesting the
rftce UP this - 17 toning at this thee. If you have any questions, I'll
Mx. Dottu=N: within the Employment Ccn,cr 1e try to answer those,
istdet designation is we ens don It, ke whoa have 19 • MIL ENOEI.BPXM: Oommissiown. It would
Axed type. of con=adal uses. You may even tuve an 20 appearnot. 'lbamk you, sir.
Mce buMng next to something that's more Industrial 21 mp- EnwARDs: Thank you.
t nature. , 22 MR.' ENOELBRF 1s ahero anyone present
MX NGEUPECxr, go you've sort of got it 23 who would Me to speak to favor of this Wdoo?
itfle break in there for people? Okay.- No Crepe „ 24 Anyone present tp speak in favor of dw petition? In
a but we've got a strip. Okay. 2s 'that'ease; anyone pttaeat to speak in opposition to the
Page 114 ' Page 11
W. Nit EN: And understand the more 1 petition? Anyone present to speak In oppoddcL?
estrictive zooing district would include Commeretal, 2 Seeing no opposition, we'11 walve the rebuttal. Public
Office, 0MC1111 MAIL So the only tldag it would bave 7 bearing is closed. bts. Nussea, any find staff
to be light industriil of Heavy Industrial that be 4 remarks? CommisslooeM do you bays questions of staff
wouldn't bave to do the buffer yid on. S or comments?
NM FNOEU EQRr Right H It got more 6 Mx. Rtsm i bave a question of mi.
antrnse, then we wouldn't have a buffo yard. 7 Ndssea. Sven with the devetopmeot of the property. VV
1 MS. N=EN: Less restrictive. I still havd our ghndaM Emdsape Ordinum and Wags
Mx. 69OEtstiEam t.ess restrictive but It 9. that this piece of property wul bavi to meet with our •
would be more intense, j o without & buffer yard tbat errs; written bt6 fhb exsatIq
Ms. tIn ss FN, t Lore inten9e, torrut I I ordioaaoea thatltt bare aovv. .
f ~'fs_i.trR,ssi>rt, t7oetlct. , ~
'M 1ENdF11lRMrri;D"Y, ilnyoUrquestions• ~ 11
for slatfl Tl aoicyoa. T petitioner or petitioner's 13 . MR. P"HEti gow does the buffer Wd 6t The
n7reseotative present? 11 buffer arc relate to wbat we might require with regard
MA EDWARM: chairman, members of the is to our own Landscape Ordinanocs?
Carnmluion, my game is Orm Edwards. We're at 300 North 16 Ms. tO1s w. well, out Iendecape Ordins6ec
Carroll Boulevard, Suite D here In Dectoo. As Kathy 17 doaa't specify exactly wbtce they landaape a bow the
tneoticoed on the buffer yard with the acts olning I g tray the plaotd it only specifies It has to be 20
Property, TAC& t think we ale basically wilting oa a i9 peroeat of the property that's tandselped. $y,uUxg the /
Nrmlt from the railroad for the water line to am 20 buffer yard we we dictating io tbem where exactly that
t bdom they begin ooosiPxd 'a 7bey're oomlag !e 21 the tandscaplog willoacttr.
ea tdj scent property to them Is banally dxa s+me, 22 M1L Rsalt0.s ao it gives them more ,
23 fleaibllit to their deafga alteds tout 114 der Wale
suquestiag at lama z?dn8 ' N wltb? : Y • • r.
i[youapprovetbat;theyhaveaeoodidoe `t tbat they've got to pul 4 buffer yard betwow th* ...I' t - '-W., Ma Na gtM The Ise: , &eips Ordiaiaee, yes.
LANNIAIG & ZONMO JULY 14, 1999 - 3 0 , Page t 3 3 - Page l t 6
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• Condeoghm
Pi$d ! 17 , . - . ' Page 119
w Put mu )W As opposed to just 1 by star(. Any dimai n on the motion? All to favor
1 you have to have this stripped out and this 2 raise your t%bt Land. Motion arras unadmousiy.
„red out and this stripped out 7bat :eery is ra¢ be 3 At this time yes, we've been asked by
beir landsaping If vva M It to them. And now If m4 4 several to take a break. We're soing to take tea
lon't do that proca% then they have more flexibility s mlautes. Be back at 9.00.
ip bow , Ovate their 20 percent 6 . (c ;.LAX rAxa+O
Gsorsoct , 7 f u~+rbm ealPtrr; Item 14 b the next ite4u} E
.''Mil R13HEU olny. .era the tAgee3itlds eveamY.wbich u to open a public , ;
Mil ENGELBRWM t'ommisdooeM otber 9 bearing and consider maldag,a recommendation to City
questioos7 it we're requtrlog this along tba watem 10 Council concerning rewaing of 11 sera from
and northern boimdaeia at least 1S fat, is them still I I Agricultural to Commercial. 'she property commonly mower
within that 20 percent i fegdr mmt or would there be t2 as 3840 North Elm Is foaled oa the southeast corner of
some along the frontage of Ivrirego, wtdch is to the south, 13 North Loosest itoad (Highway 77) sod Riney Road 7be
right? 14 proposal to for commercial developm ot. At 02 limo
MA DOMMON. I don't believe that they 1s •1111 open the public ?arias and Mr. Rod, I believe, Is
could meet the entire 20 percent requirement with the 16 going to provide us with the staff reporL
two 1 5-foot strips w then would be some additional 17 Mn. REM, vbank you. Chairman Figdbrecbt
landscaping and depeediag upon their parldog lot it ?onlgbt we have a request for a Commercial zoning
confwradoo, they may be required to do some l9 district on 1237.=u located on North Elm Street
laadsaping Woos! to a parting area. 20 Let me pull the map out I7be request here Is
MR EstatxaRMrxn okay. And then ails - 21 essentially sofas from the original desfgnstioo of this
the comment watt made tbat Es is not typically 22 property, Agricultural, wbea it was zoned ad so the
required. 3' at asnnniag that you sort or are sobs - 23 Qty b as not tompmheadvety eoasiderod wbat Is
• "v haven't gone beyond the percentage or the tmdseape 24. approprista for this property pr:viouusly. in staffs
laanoe; you've simply sort of specified wbire bemuse is analysls we have found that it Is mostly coadsteot with
Page 118 Page 120
this Is a major employment ontr and we're looking at 1 both the policies and trip Intensity etanderds of the
some sort of visual aspect to the property. 2 1988 ooP and that it is somewhat consistent with the
bier, APPM Consisteacy. 3 policies of the 1998 Do? for a st..::bt Commerdal
M MtAIMON; that, plus the uncertainty 4 zoolog district. We've called out in the staff report
13 to what any adjaoeat property may be used for. S slut the 1999 draft comprehensive plan Identifies NJ
MA ENattSaMOM All r%bt Other 6 ma as a regional m(xod use center, Betas on the
questions for staffs If then are co other questions, 7 fdage of a 1116-Ialeasity area also fecilitaW
1 arts there any comments or It motion? 8 eommertid activity that provides a fraasltioo from j
1 Ms, APP M rd like to make a motion, 9 regional to neighborhood osientadoa. So u we move
Based on the fact that coo have talked a lot about how to Huey from our' 88 plan, our hew politdes ere saying that
t' we're b*s to be consistent in'wbst we d3 sad we'ret t this is more condstgat OM It would have been 10 the :
2 'trying to took ln'%" the ruture, I rm gclns to move to t2
I reeomaxad approval or Z•99.043 with the condkims that 13 The particular property U euirently '
4 have been recommended by staff. nose being IiA&S on 14 abutting acme reddeotial use or cues. As Identified no
s the property shell be designed and malaWntd w M not is the zoaing map, everythtag to the art off of Riney
6 to shine on or otherwise distwb surrounding rtd& did t6 Road, to the south side of Riney Rood and to the vorth r
7 property or to shine'and project up%wd to prevent the 17 side of North Elm Street or Highway 771s exlstlag e
8 diffusion Into the night sky, and a buffer yard aloes 18 raideatisL Staff has received one mvoosa which I
9 the wutcro and aorthem bounderia that is at least 15 19 was handed toolght and I'll hand this to i4ia. Oouram and
it' rxi wido with 00e canopy tree per every 20 foot of 20 she can pass it wound 7be particular response that
ufrer yard and with 13 undo-story tree' rowtded to 2I ytwrc 100114 at wblch Is in favor to from the most
22 the next his a vAola numbs for every canopy tree, 22 4 scent property owner, As yet ow tell on the snap on
21 MA RMRE a Scomd 23 the document ama=4 the property ovvoer Mro's tespo13ded
24 M0. E 401UPI err Ws been moved and 21 in favor adjoins this subject pro" 110eg Its sabers
23 setoodod to repommeod approved with ogodidow outtlged IS astern property 11130, la total, the pabll0 soda was
PLAM MO & ZONING JULY 14,1999 ' ` ~ t Page 117 0 'Page 120
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F ~wi)ieaaErrLL'o~ r one, l: rnuiaa. •'V2.ss443eoe' - -
ATTACf!MT 3. 11
ORDINANCE NO ! I i s
AN O7M NANCB OF THE CITY OF)MENTON,TRW, PROVjbJN0 FORA CHANPE.PROM' 1
AIGRICULTUkE (A) iONINODISTRICT CLACSIFICATi& AND VSE,DESiGWA'i fUt4 Tb
LIGHT INDUSTRIAL CONDITIONED [Li(Q) TONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR S.0 ACRES OF LAND LOQATED ON THE NORTH SIDE OF
MINGO ROAD, BETWEEN LOOP 288 AND COOPER CREEK ROAD; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF 32,0D0.00 FOR VIOLATIONS THEREOF; AND ~
PROVIDING FOR AN EFFECITVE DATE. (2.99.043)
WHEREAS, Greg Edwards of Greg Edwards Engineering Services, inc., on behalf of Dr.
Ed WoIski, has ipplied for a change In zoning for S.0 acres of land from Agriculture (A) zoning
district classification and use designation to Light Industrial Conditioned [Li(e)) zoning district
classification and use designation; and
WHEREAS, on July 14,1999, the Planning and Zoning Commission recommended approval
of the requested change In zoning; and ,
WHEREAS, the City Council finds (bat the change in zoning will be in compliance with the
1988 Denton Development Plan, the 1998 Denton Plan Policies, and the) 999 (ho)vth 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 S.0 acre
property described in the legal description attached hereto and incorporated herein as Exhibit A Is
changed from Agriculture (A) toning district elassifieation and use designation to Light Iodustria:
Conditioned [LI(c)) zoning district classification and use designation under the oomprehensive
zoning ordinance of the City of Denton, Texas, subject to the following conditions,
A.' Lighting on the property sball be designed and maintained so,as not tQ "son or
otherwise disturb, surrounding residential property or to shine and project upward to prevent
the diffusion into the night sky.
B., A buffer yard along thi western and northem boundaries thai Sri at ieast been (15),
feel wide with one canopy tree per every twenty (20) feet of buffer yard and with 1.5
understory trees (rounded to the next highest whole number) for everycanopy tree.
EECTION2• That the City's official zoning map Ispmeeded to show the change In zoning r' t
district ciassilication
SECTION 3. That any person violating any provision of this ordinance shall, upon ,
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is
violated sball constitutea separate and distinct offense. „
a
C;
►aswpuiroaml,ot~o,p a~,,,~a3,a,,*.,v~,yp.ou,e«
SRMON 4• That this ordinance sba11 become effective fourteen (14) days tom the date
of Its passage, and the C i t y Secrotary is hereby directed to case the caption of this ordinance to be o i l
Texltshbd loYica 1n;t6b bepiort RaodrA C it Anirtle, di31Y newspipe,published
in the.GYtYcPAentop,
tivithln ten (10)'diyt''of the date df its
PASSED AND APPROVED this the day of 1999.
r
JACK MILLER, MAYOR
ATTEST;
JENNMM WALTERS, CITY SECFWARY
BY:
APPROVED AS TO LEOAL FORM;
tMnERT L. PROM, CITY ATTORNEY
,
33. Page 2
u
va.ry•iy~S'I a~°Fi~yNjt'/ L~XNI'B~~1ti : i Qy(~'' X476 f pow '
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WAY 3611
JOB No. 2111!6
A YOIItTA~IN~T~'Aq~ OKFARO>L*oFLgbLYm' ~y0~llUk'it;KMINTM*;" •
onim.AISTRAOT'llVt.DENTON ,'1EIfA1 BEINb TOFU j
0 tea bo.eoa~cgtTliAOT:'e; itoRa DjIS 10 OWr~ q~tt f
aY{TBMa COphORATION TO EA F
RECORDED IN OOUNfY OUWS INFR6MENT NtkdSfR ~ROG,37~<, lI~AL PROP,1RTY
K~ UDI1~INA~TON000NW,TV AND~HINOMOAB'FMTI~ARLLYIeOpB1F0TflHIINDAt
WAR REBK~ANNr"D MBMOOOI~6T ONURCH T'RAOT. i NO'R OOZZ IN VOLI<lMtt 9a
FA61S 4a, Daeo pi Rbm, bsNTON OOUNIY, Vvm,
P Of ANND~M NOORTH RIGHT-MAY OF MINGO ~ROOAD. A NG AN a 01! H M FM
TOYHI POINT OF UOINNIN4 OF VA HlRBIN D40AWD TRAOT,
TdNo@ IOUTH 4 D>loo" so MINw" It 8BOON WWT ALONG AND NeAR A
-PENCE AND 7HENORTHRIONT-0F•WAYOFWH00ROAb.AOISU404ofMJ4
"AT TO AOORNeR;
TH✓EgOE NORTH i I DlORWS 11 MINll S 27 SECONDS WCOT, A DISTANCE OF 79442
FEET TO A CORNER;
T~ fo"~" P%Vjk CGRIBS 21 kNMI'Ca SECOND$ EAST, A OISTANOe OF /02.41
'~^^~~~~~1k~?III'~~I#~~'18~A~''a,~'lfl~~b~'L~t~°
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AD" No.
AGENDA INFORMATION SHEET
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AGENDA DATE: October 19, 1999
DEPARTMENT: ECONOMIC DEVELOPMENT
ACM; David Hill, Assistant City Manager, Development Services
SUBJECT
A RESOLUTION OF TI H: CITY OF DENTON, TEXAS, ACCEPTING THE SUM OF
51,000 FROM WINDLF FAMILY PARTNERS, LTD, AND MICHAEL C. RAMOS IN
CONSIDERATION FOR ENTERING INTO EXCLUSIVE NEGOTIATIONS FOR A
PERIOD OF ONE HUNDRED EIGHTY (180) DAYS RELATING TO THE POSSIBLE
LEASE OF AIRPORT PROPERTY IN THE VICINITY OF THE EXISTING WINDLE
HANGAR LEASF4 AND PROVIDNG AN EFFECTIVE DATE.
13ACKKS?ROM
Windle Family Partners, Ltd, and Michael C. Ramos have indicated an interest in a
certain tract of land at the Airport for commercial development (See attachment A). As
you may renumber, Judge Don Windle currently leases space for his private hangar. The
proposed lease property is near his current tract. In return for $1.000 (non-refundable)
they request that we enter inlo exclusive negotiations with them for the lease of this
property for a period of 180 days.
LS I1MAI ED SCIWDULF OF PRQJEC1
The agreement would end after the I80-day period, and the property would be available
li)r lease to all interested parties.
PRIOR ACI ION/REVI[.N'
The Airport Advisory Board has reviewed and approves this proposal.
FISCAL INFORMATION
A check in the amount of S 1,000 has been submitted b- Windle Family Partners, Ltd and
Alichacl Ramos in consideration for exclusive negotiations on the proposed tract. The
property is currently available at $0.10 per square fool, If the City were to lease the
entire tract to another tenant, the revenue would amount to $2,700 per month. However, r ,
the property is not considered a prime location, and staff does not anticipate a great deal
~ r interest in the near future. ( !
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EXHIBITS
Resolution
Attachment A: Location Map
Respectfully submitted:
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Linda Ratliff, Director
Economlc Developme Department
Prepared by:
_ /Z
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Airport Manager
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, wdiNab0.m~~wYlrwMIrY
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS, ACCEPTING THE SUM OF $I,000
FROM WINDLE FAMILY PARTNERS, LTD. AND MICHAEL C. RAMOS IN
CONSIDERATION FOR ENTERING INTO EXCLUSIVE NEGOTIATIONS FOR A PERIOD
OF ONE HUNDRED EIGHTY (180) DAYS RELATING TO THE POSSIBLE LEASE OF
AIRPORT PROPERTY IN THE VICINITY OF THE EXISTING WINDLE HANGAR LEASE;
AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HERESY RESOLVES:
SECTION L That in consideration for the receipt of Check Numb,.-r 1089 in the arnourt
of S I,000 by Windle Family Partners, Ltd. (Payor) payable to the City of Denton, the City agrees
to enter into exclusive negotiations for a period of one hundred eighty (180) days with Payor and
Michael C. Ramos relating to the possible lease of Denton Airport property measuring 4S0 feet
by 720 feet in the vicinity of the existing Windle hangar lease and more particularly described in
the letter of September 8, 1999 from Michael C. Ramos to the attention of Linda Ratliff, which is
attached hereto and made a pail hereof for all purposes.
SECTION 2, That this resolution and the negotiation period shall continence effective
immediately upon the passage and approval of this resolution,
PASSLD 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:
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ATTACH ENT A
DENTON
MUNICIPAL
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AGENDA INFORMATION SHEET
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AGENDA DATE; October 19, 1999
k
DEPARTMENT; Economic Development F
ACM: Dave Hill, Development Services
SUDIFC'F
Consider an ordinance of the City of Denton authorizing the City Manager to execute on
behalf of the City of Denton an Airport Project Participation Agreement with the Texas
Department of Transportation Aviation Division relating to the constriction of
improvements at the Denton Municipal Airport; and declaring an effective date.
BACKGROUND
In 1997 the Texas Department of Transportation, Aviation Division (TxDOT) was given
authority to administer federal and state funds for capital improvement projects for all
reliever and general aviation airports statewide. This was done to assist Tx DOT in
facilitating the Texas Airport System Plan, In addition to the authority to administer
federal grant funds, TxDOT was also provided with the ability to act as the sponsor's
agent, if desired, for the purposes of applying for, receiving and disbursing all funds for
approved projects and administration of contracts necessary for the implementation of
improvements.
On October G, 1997 the City of Denton entered Into an Airport Project Participation '
Agreement (APPA) that provided engineering services for an improvement project
including the clearingJgrubbing of trees, regrading and replacing security fencirg in the
runway safety area; realignment of the approach lighting system; improve drainage and
reconstruction of the terminal epron at the Denton Municipal Airport. with the acceptance
of the 1997 APPA, the City of Denton is required to commit to the construction phase of
the project within Iwo years,
FxDOT Aviation Division has accepted a bid for the construction phase of this project and
is now requesting the City of Denton to enter into an APPA cuthorizing TxDOT to Issue a
notice to proceed for the construction phase of the project. This APPA names TxDOT as
' the City's agent for the project and describes the state's responsibilities as the City's agent,
outlines the state's offer for financial assistance and identifies the City's obligations in
accepting financial assistance for this project. Furthermore, the APPA requests
documentation on the following; certification of a separate fund for airport revenues,
certification of a pavement maintenance plan, and certification of a drug free workplace. 1 `
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ESTIMATED SCHEDULE OF PROJECT
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TxDOT is requesting a signed agreement no later than October 31, 1999. This will allow
constructions to begin as soon as possible and avoid some weather-related delays during
construction. Completion of the project is scheduled for 120 days from the date of the
notice to proceed.
I
PRIOR AQTION/REVIEW
i
fhe City Attorney's Office has reviewed and approved this ordinance. Airport Advisory
Board and staff recommend the approval of the APPA.
FISCAL
INFORMATION
The total cost of the project is $1,437,260. The City's share of the project is $143,726 or
ten-percent of the total cost of design and construction. The City of Denton has submitted
a total of 5118,041 as of September 27, 1999. The remaining $35,691,70 has been
approved and will be submitted by October 31, 1999.
EXHIBITS
Oidinance
Res tfully submi ed;
Linde Ratl Director (J I/
Economic Development Department
Prepared by:
A1ark )qclson
Airiw Manager
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER TO EXECUTE ON DE13ALF OF THE CITY OF DENrON AN AIRPORT
PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRATISPORTATION RELATING TO THE CONSTRUCTION OF IMPROVEMENTS
AT THE DENTON MUNICIPAL AIRPORT; AND DECLARING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION L That The City Manager of the City of Denton Is hereby authorized to
execute on behalf of the City of Denton an Airport Project Participation Agreement with
the Texas Department of Transportation telating td clearing/grubbing trees, regrading and
replacing security fence in safety area, realign MALSR (medium intensity approach
lighting system with sequenced flashers), improve drainage and reconstruction of a
terminal apron at the Denton Municipal Airport, a copy of such contract being attached FI
hereto and made a part hereof for all purposes and referenced as TXDOT Contract No.
7X2FA086.
SECTION IL That the City Manager or his designate Is hereby authorized to
execute and the City of Denton agtees to comply with any assurances, conditions, or
agreements required to be executed to receive the funds provided under this agreement
SECTION I11. That this ordinance shall become errect've Immediately upon its
passage and approval
PASSED AND APPROVED this The day of` , 1999
I
JACK MILLER, MAYOR
AT`rGST:
JENNIFER WAITERS, C:IIY SECRETARY
APPROVED AS TO LEUAL FORM: ~r
IIERDERT L. PROUTY, CITY ATTORNEY
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CER11FICATION OF AIRPORT FUND
TxDOT Contowt No.:7X2FA086
TxDOT CSJ No.: 9742DNTON
TxDOT Project No.: AP DENTON
The City of Denton does hereby certify that the Genera I Fund , Alrporl Fund
(Nana of Fund)
has been established for the City of Denton, and that all fees, charges, rents, and money from any
source derived from airport operations will be deposited rot the benefit of the Alrport Fund and
will not be diverted for other general revenue fund expenditures or any other special rand of the
City of Denton and that all expenditures from the Fund will be solely for airpmnt purposes. Such
fund may be an account as part or another fund, but must be accounted for in such a manner that
all revenues, expenses, retained earnings, and balances in the account are discernible from other
types of moneys Identified in the fund as a whole.
The city of Denton, Texas, has caused this to be duly executed in its name, this , day
°f 1999.
-Dv-ULQf-L2s ut a. Texas_
(Sponsor)
Ely:-
title Assistant City Manager Finance
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CERTIFICA1'10N REGARDING rAVEMEN 1' I'REVENY'IVE MAINTENANCE
TxDOT Ccntowt N0.:7X2rAO96
TxDOT -V r No.: 9742DNTON
TxDOT Pr.,; :r l ro.: AP DENTON
1lie city If Denton, 'texas, assures or cce6ries 11,31 it has iwplemenlcd an effective airport
pavement n,iintenance-management program and it assures 111,11 it will use such program rot the
useful life or any pavement constructed, reconstructed or repaired with rederal financial
assistance at lire airport. 11 will provide such reports on pavement condition and pavement
managenxol programs as the State delennines maybe useful.
1 he City of veil l Texss
(SPONSOR)
<< 1.
(SIGNATURE)
Atrport Manager
('17'I'LE}
( ATE)
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APW&
AGENDA INFORMATION SHEET
AGENDA DATE: October 19, 1999
DEPARTMENT: Elechic Utility
ACIM: Howard Martin, 349-82321 Jw_
SUBJECT:
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ALIT I IORIZING 1 HE CITY
MANAGER TO EXECUTE. A SECOND AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT FOR CONSULTING SERVICES PREVIOUSLY ENTERED INTO
BY TEES CITY AND R. J. COVINGTON CONSULTING ON JANUARY, 1999; AND AS
PREVIOUSLY AMENDED BY FIRST AMENDMENT THERETO ON JUNE 1,1999; BY
ADDING TASK ORDER NO. 99-C THERETO, PROVIDING FOR ADDITIONAL
Fl.LCIRIC INDUSTRY PROFESSIONAL SERVICES TO BE PERFORMED RELATING TO
I I I E POTENTIAL. DIVESTITURE OF ALL OR A PART OF THE CITY'S
MUNICIPALELECTRIC UTILITY AND OTHER RELATED MATTERS; AUTHORIZING
111E F.XPE'.NDI I'tJRE OF FUNDS THEREFOR[i; PROVIDING FOR RET'RO EFFECT OF
T I IF. AGREF.MF.NT; AND PROVIDING AN EFFECTIVE DATE.
EI_ACKGROUND:
The Electric Utility uses R. J. Covington Consulting for specialized support in a number of areas.
One of those areas is attending Public Utility of Texas (DUCT) and and Electric Reliability
Council of Texas (ERCOT) meetings as Denton's representative, preparing comments and filing
language +br both of those organizations, and negotiating with other stakeholders on Denton's
hchalf Mr. Covington's location in Austin, afiere most meetings of these organizations are
held, allows efficient use of time and avoids travel cost for Denton Municipal Electric (DIME)
starfinenthcrs. Preparation for implementation of SB7 bas resulted in an extremely high level of
activity at both of these organizations. A list of the mmings attended by Sir. Covington or a
member of his staff between May 21, 1999, when the SB 7 activity began, and the end of July is
attached. This list does not shoA the hours spent in preparation for the meetings, writing
comments, consulting with Denton staff on appropriate strategy, and negotiating with DUCT
staff and other stakeholders. It is very important that DME be represented in the SB7
implementation process. I he rules and procedures developed by the PUCT slid industry
stakeholders uill directly effect DME's ability to function in the new marketplace.
Mr. Covington has been performing this work under Task Order 98-D of DME's February 16, I,
1998 contract with his firm. Task Order 98•D "as initiated on August 0, 1998. The SI00,000 !
in that Task Order has been spent. The work at the PUCT and ERCOT on SB 7 implementation
is continuing at a frenzied
pace. [hnton needs to continue its participation in the process.
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Therefore, a new Task Order 99-C of DME's January 5, 1999 contract with Mr. Covington's
firm for a not to exceed amount of S 100,00 is proposed.
In the past, Denton and Garland have spilt the cost of Mr. Covington's work in this area on a
50e/J50%basis. Recently, Greenville hasjoined in this cost sharing arrangement. Most of the
costs related to this work will now be split on the basis of the three cities' participation in
TMPA. That results in the following cost sharing percentages:
e Greenville-12.8%
e Garland - 60%
s Denton • 27.2%
The only time when this cost sharing is not split will be when all three Cities do not agree on a
position and Mr. Covington has to prepare more thmt one set of comments, etc, on the same
issue.
OPTIONS
None
RECOMMENDATIONS:
Approve the proposed Trsk Order 99-C. Without the support of Mr. Covington's firm, the DME
staff is not capable of keeping up with the SB7 implementation, Lack of participation by DME
in this process could result in adoption of PUCT Rules and/or ERCOT electric system operating
procedures that will harm DME's ability to function in the new market.
PRIOR ACTION/REVIEW-nuncil Boarde Commissloet•
The Public Utility Board recommended approval at its meeting on October 4, 1999 with a vote of ,
b to 0 with one member absent.
HSC,4L INFORMATION:
Cost not to exceed $100,000. j
Respectfully submitted:
Sharon Mays t
Director of Rlectdc Utilities
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Summary of Meetlngs, Phone Calls, Conference Calls For Task Order Den99•D • January 1999 • July 1999
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Data Took Hours consultant
May 7f. 1999 Dscuss TCOS with R. Hemalal review PLr-SRCOT data, review Comments Avid M parties in TOGS 1.50 Carrington
May 2f. 1999 Attend Ganef at'on Interconnection ad hoe meeting - 1 27 Garza
Msy 24, 1909 Review TCOS numbers, talk with R. Hamill evefuale effect of losses on postage stamp allocation, lark with 3. 4 25 Covington
Guermonche at PUC: levtew with R. Hamala re. Aling of reply Comme MS on Issue; cars to Cities to gel support for
telecommunications d0
Mry 24, 1099 Attend ISO ad hoc Committee meeting 1.73 Garza
May 25. 1099 Review of POC TCOS filing, discuss losses on postage stamp coWsllon with R. Hamala review reply Comments 2.00 Covington
for City and provide edits to R, Hamala
May 27, f999 Padiapale M Congestion Management phoi» all. Prepare wrhe-up of May 21 Genarallon interconnection treating 1.50 Garza
June 2. 1990 Discuss legislation with J. Boyle, download SB7 emotled version 050 Covl,y,on
June 3 ?1 Cal R. Hama! *0 Comments on Bryan Comm" to 0, C, Reply Commere, summarize S87 enroned version 1.25 Crymn l
June 4, 1099 Respond to arras from R. Hamala regarding Reply Comments. dismiss Implementation of SB7 with J. Boyle 1.011 Covkglon
regarding i
June 7, 1999 Amended meeling of Congogion Management Wbrkkp Group 200 Garza
Junes, 1999 o1CUas congestion management! Issues will W, Callender (San Antonio); Retrieve and review Congestion 1.00 Garza
management documenls from other reglori Phone um to S. Mays re: Special TAC meeting
June 10, 1999 Amend ERCOT TMOS meeting 2.75 Carze
June 11, 1999 Attend meeting of the TAC ad ho Committee on ISO f Network Policy Issues 200 Garza
June 15, 1999 dacuss response of Cities to request from ERGOT regarding short term planned pricing with R, Hamala, review 113 Covington
ERCOT and PUC Issues
June 17, 1999 Review PLC TCOS Issues; review Code of Conduct project Melva. Talk wmh O. Parsons at Thr regarding 200 Covington
TCOS Fax Irrlerconnection to L, Townsend
June 21, 1999 Discuss filing of comments regarding PUC Implementation plan with R, Hamala, review transmission Congestion 050 CoWglon
management work Ing group Issues with e. Garza
June 21, 1 Amended meeting of Congestion Management Waking Group, review Congestion management end ERGO 325 Garza
issues with R. Cevlnplon
Jure 22, 1999 Attended meeting of the TAC ad hoc Canmmes on Single Control Area, Review comments received In Dock 2 00 Garza
20970 (Plan for implementing SB7)
June 21, 1909 Amended PUC workshop h Docket 20970 (Plan for Implementing S87) 350 Gana
June 26 . 1999 Amend Code of Conduct workshop, Prepare snagsls of planned losses, Prepare wane-up of W22 Single Comm 3 25 Garza
Area meeting
June 29. 1999 Amend meeting of 1M Congestion Management Working Group 1CMWG) 250 Garza
June 30, 1999 Attend ERCOT TAC meeting 525 Garza
Jury 5 1999 Attend Functional Unbundling workshop at PUC: wri memo on same {.25 Covington
July e. 1999 Amend PUC Unbundling workshop', Discuss ERGOT and PVC Issues with R, Covtrglon 3.00 Garza
Jury 7, 1999 Amend ERGOT ISO Poky Network meeting Mid N LCRA to discuss moll primetples and ISO obligations 100 Covington
July 3 1099 Atl" Rate Filing package Task Fora messing at PI)i Mend Stranded Coq Task Fora meeting at PUC: ad 3 15 Covington
summary of Functional Coal workshop
Jury 9. 1999 Attend Role Design Task Fora meeting at PUC edms to ISO Percy Network meeting summary; review Comment 300 Covington
to be filed by City In Project 20914 Renewable Energy Mandated Rules discuss with R. Hamala Comments a
status of Rate Filing Package Task Face, respond to small from LCRA regarding Rate Fang Package Tuk Fares
Iswas for ron-IOU utilities
July 12 1990 Amerd Code of Conduct workshop at PUC: III Comments to Ole w" ISO regarding Transmission Pl 700 Covington
procedures review of PUC I ERCOT data, review of TCO9 Issue
Jury 13. 1999 Work on TCOS language few Role Filing Package Task Forca, discuss will ICRJk; attend Stranded Cost Too 3.75 Covington
Fora meeting at PUC
July 11 1099 Aeend nitrating of ERCOT ad hoc Committee on ISO 1 Network Policy issues', Prepare corn l6 me ISO alter 3 25 Garza
Transmission Planning procedures
Jury 14, 1999 Attend meeting 01 Separation Plan Task Fora N PUC; attend mee0ng of pale Filing Package Task Fora at PUC 330 Covki
July f9, 1999 Amend moving at Gartamd to discuss ERCOTI III Issues with S Maya, J. Harder, P. Bali 4.00 Counglon
Jury 19, 1099 Attend Issues update meeting wish Denton and Garland In Demand, Submit Comments to ISO he Transmlgl 3.00 Garza
Planning procedure
Jury, 20 1999 Review comments filed by various remixes to PLIC Separation Plan, Stranded Cwt. Rate Design, and Rats Filing 3 75 Covington
Package task fercas discuss rotated tissues with L. Townsend and B Garza f
July 20 1999 Amend maeling of Scheduling WO of Single Control Area ad hoc Committee 325 Garza v
July 21, 1999 Review of Functional Cost Unbundling tad forces reports; review proposed Order In 1999 TCOS Dirckel 203!11 273 Covington r
meat with J Harder and B Garza to discuss TOGS Orden and contact with S. Jones ngerdirg PL1C Order, discus
restructuring Nsws 011 L. Townsend for workshop on Tnii Comments review
Jury 21, f990 Attend ring of ERGOT ad hoc Committee on ISO I Network Pal" Issues 200 Garza
July 22 1999 Afford Coal Ssplia0on workshop at PUC to discuss resume of Rate Co"m, Rah Fdkg Package, Stranded Costs 400 Covington
and Separation Business Plan hsk twat
July 22 1909 Amend ER COT ad ha Committee on Sugle Control Area Issues 7 23 Garza
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Summary of MseUnya, Phonw Cage, Coeferonu Calls For task OrAer Den9B-0 • January 1998 -July 4898 ~
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Dalo Took ""in uhnrt
July 21 1999 INsms PL1C task force issues wMh L, Tuwrt"W, "ar Congestion 14anpertwrd New wtm B, Garza; rev/ew o 1.50 ioWplon
PL1C task force position papers, discuss TCOS poe tion w1h L Townsend
July X IM Arend meetNp of Sdwdu9rp V4 of State Control"ed hoc drimmgtes
July 27, 1991? AOerdRerlowa6N Enirpy warkahop at PVC; discuss w6h L, 7ownssnd raid to Win- ramienle regarding 375 Cavkrplon .
application to municipals, drsom conpeation marwpemerA Nava wMh B Gana, update PVC calendar
July 27, 1999 Attend me*" of tM Conpeitbn Minapenwrd Wor" Group (CIuJJGt DNcini ERCGT Issues wih A. 325 Bari
CoNnplon, Review materials for SaTlenwrd mestinp _
Girzi, 3 NJ omArgton..
Jury 28, 1999 AIAft" me "of at Rate Energy Ta~orce M PLC, review MUM of E a Package Task Force 06r rpwardMhUlB.p TCO
review TCOS 100% Poste Stamp ulwldlon msmca an Palo F
Jury 28, 7999 Arend meeknp of the 9"merd WO 61 the ISO J Network Poky W hoc Commmes; Reviewemaq re: SB7 roNl 550 Garza
projede. Discuss ERCOT Nsues wM A. CoWglon
July 29, 1999 Mend TMGS meeting 225 Gerd
JUDY 1999 Review PVC task bra emags review PL1C task force docutle ts;-wuM w 6 L Townsend on TGGS atculitlon . 7S &44oh
of 100% Postape Stamp, comple notes from mesAys; pro)ed adminRnatlon
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, "TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT FOR CONSULTING SERVICES PREVIOUSLY ENTERED INTO
BY THE CITY AND R. J. COVINGTON CONSULTING ON JANUARY S, 1999; AND AS
PREVIOUSLY AMENDED BY FIRST AMENDMENT THERETO ON JUNE 1, 1999; BY
ADDING TASK ORDER NO. 99-C THERETO, PROVIDING FOR ADDITIONAL
ELECTRIC INDUSTRY PROFESSIONAL SERVICES TO BE PERFORMED RELATING TO
THE POTENTIAL DIVESTITURE OF ALL OR A PART OF THE CITY'S MUNICIPAL
ELECTRIC UTILITY AND OTHER RELATED MATTERS; AUTIORIZING THE
EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE EFFECT OF
THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON IIEREBY ORDAINS:
SECTION I: That the City Manager is hereby authorized to execute a Second
Amendment to the "Professional Services Agreement For Consulting Services Relating to the
Denton Municipal Electric Utility" (the "Agreement"), heretofore entered into by and between
the City of Denton, Texas and R. J. Covington Consulting, Austin, Texas on the 5's day of
January, 1999, (which Agreement was appmrd by the Council in Ordinance No. 99-011.
enacted on January 5, 1999), providing for professional consulting services in the area of electric
restructuring and the potential divestiture of all or a part of the City's electric system, all as set
forth in Task Order No. 99-A; and which Agreement was thereafter first amended to provide for
additional professional consulting services in the area of electric restructuring as set forth in Task
Order No. 99•B, which First Amendment to the Agreement was approved by the Council in
Ordinance No, 99.187, enacted on Jame I, 1999. The Second Amendment to the Agreement is
set forth in Task Order No. 99•C (the "Task Order"), a copy of which Task Order is attached
hereto and incorporated herewith by reference; and which Task Order provides that R. J.
Covington Consulting shall perform additional regulatory, technical, and related support electric
industry professional consulting services to the City, and which Task Order provides for the
i payment by the City of additional tees and expenses not to exceed S 100,000.00 respecting the
additional services to be performed by R. J. Covington Consulting pursuant to Task Order No.
99-C.
M ION I[- That the expenditure of funds as provided for in the attached Second
Amendment to Agreement pursuant to Task Order No. 99-C is hereby authorized.
5MroN I1r;_ That the above-referenced Second Amended Agreement Is hereby ~f
ratified and retroactively approved, and shall be effective from and after September 1, 1999. A
SECTION IV: That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of , 1999.
5
cJACK MILLER, MAYOR
At TEST:
JENNIFER WALTERS, CITY SECRETARY
By: _
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
I •-B,,:
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5'W Na umcnls~()rdlnwcul99JUCtnd Amended PSA•TO 99{ONE4,x
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SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
DATED JANUARY 5, 1999
BETWEEN THE CITY OF DENTON AND
R. J. COVINGTON CONSULTING
TASK ORDER NO. 99-C
Electric Industry Services
Activities to be performed under this task order by R. J. Covington Consulting (RJC) are
for the purpose of providing regulatory, technical and analytical support to the City on
activities associated with electric restructuring in Texas and on issues relating to the
City's participation ui the Denton, Garland, Greenville sub-control area (DGG).
RJC will provide professional consulting services and technical support for City staff
(Staff) related to various regulatory and operational acti0ties affecting the City. Tasks
provided for in this Task Order include participation in projects, workshops and
rulemakings at the Public Utility Commission of Texas (t UC). RJC will act as Staff
liaison to the PUC to keep Staff informed on activities at the PUC, work with Staff and
their attorneys in developing positions on issues, assist Staff In responding to issues that
affect the City ank' provide technical support for Staff and City's legal experts on
regulatory issues.
At the Electric Reliability Council of Texas (ERGOT), RJC will monitor and report on
activities that are in progress to define and develop systems for retail access as
mandated in Senate Bill 7. RJC will partidpate oncommittees and working groups to
assist Staff in representing the interest of the City and DGG. RJC will also conduct
technical analyses and studies as directed by DGG that will assist DGG in evaluating
positions and responding to market changes related to on-going restructuring activities,
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Background
The PUC has, in Project 20970 • Plan For Implementing Senate Bill 7, identified 16
projects for developing the rules and policies that will shape the electric industry
leading up to retail acc,.ss on January 1, 2002. These projects will either directly affect
the City's municipal electric systemand DGG operations, or by shaping and defining the
competition, indirectly affect the way the City and DGG will conduct its electric
business.
the shaping of the industry is taking place at several levels on a very fast paced -
schedule, This includes; l.) PUC Projects leading to Rulemakings; 2.) Other PVC Dockets f
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and Activities; and 3.) ISO Activities. The niles, policies, proced ares ank' systems are to
be in place by June 1, 2001, for the start of the customer choice pilot praaram. This
means that there are multiple projects and associated rulemakings, as well as, multiple
ERCOT groups working on addressing Implementation issues that will affect the City's
electric system. Often these projects and working groups are proceeding simultaneously
and at a rapid pace.
Some of the key issues presently being addressed that directly affect municipalities
include:
• When and under what rules will municipals be required to make transmission costs
of service filings. This wIII affect the City's recovery of its investment In
transmission plant for current as well as future filings.
• Will municipals have access to transmission to transport power from existing
resources, or will they have to go to the market and purchase special congestion
management rights to transport that power on a firm basis.
• Will municipals have to purchase renewable energy credits if it decides to opt-in to
retail access and at what price will those credits be available.
• Will municipals have to purchase credits for natural gas generation to meet state
mandates that favor natural gas over coal?
• How will units be designated as must-run units and how will they be compensated,
• The costs associated with implementing customer choice, who pays how much, and
when?
Some of the issues that are currently ]zing addressed that will indirectly affect
municipalities are:
How is stranded costs allocated to customer classes for the IOU's.
• How %%-ill the IOU's be unbundled into separate business units?
• What services will the unbundled entities offer, when and where?
• 14 hat Code of Conduct will be adopted for IOU's and how will the PUC deterrnine
the Code of Conduct for municipalities that opt-in to retail access.
Some of the other activities at ERGOT that will affect municipalities and DGG operations
include:
Sloving from multiple control areas to a single control area.
• How scheduling of loads and generation will work in a retail environment.
• How settlement will work to track and reconcile costs and how municipalities will fit
into that process.
• How can the City and DGG best position itself in the evolving market?
RJC's work will focus on activities at the PUC and at ERCOT to address restructuring
and tegulatory issues. RJC's activities will include:
1,) Attending workshops hosted by PUC and ISO.
c2.) Address Issues at ERCOT that affect City and DGG costs, such as ERCOT policies
on redispatch of generation due to transmission constraints.
3.) Participating on relevant PUC and ISO committees to discuss issues ar.I develop
positions.
i.) Analyzing proposed rules filed by PUC and policies presented by ISO.
5.) Preparation of comments b be filed at the PUC to present tha City's position on
issues.
6.) Analyzing comments filed by other parties on issues affecting City.
7.) Working with City Staff and legal team to develop responses to positions taken by
other parties adverse to the City's positions.
8.) Providing technical support to Staff and the City's legal team on Issues before tr,.e
PUC and the ISO.
4.) Maintaining information on activities at the PUC, ERGOT ISO and the Legislature
that supports effective representation on issues in these and related proceedings
associated with restructuring in Texas.
10.)Meeting with ERCOT staff to discuss operational concerns of City and DGG.
I1.)Meeting with representatives of other utilities and other market segments to discuss
proposed rules and procedures that may impact the City and DGG.
12.)1(i:vp Staff informed of issues need'uig their attention and assisting Staff in preparing
for deregulation.
Scope of Services
Task A Attending Workshops At PUC And ISO
L RJC will stay informed on activities at PLC and M and will attend workshops as
needed.
2, When appropriate, RJC will participate in workshops to represent interest of City
based on directions of Staff.
Staff Will lr briefed on issues addressed and positions taken by parties at
workshops.
f ask li Participation On Committees Tisk Forces, and Working Groups I
1. RJC will participate on PUC and ERCOl committees, task forces and working groups,
as approved by Staff, in order to evaluate issues and support solutions to the larger
group that will reflect the City's and DGG's position on Issues being addressed.
2. Staff will h kept informed of Issues being addressed in committees and positions of
parties.
3. RJC will discuss %vith Staff positions which should be taken and Ftrategies for working
A
tivitii parties involved,
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Task C Analyze Proposed Rules and Policies
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1. The proposed new rules and rule changes from the PUC and associated proposed
policies from the ISO will be analym-3.
1. RJC till discuss proposed new rules and changes to existing rules with Staff, helping to
identify areas of concern and preparing positions on rules that represent interests of
City,
3. RJC M11 meet with PUC staff as appropriate to discuss the proposed rules and present
the City's concerns regarding PUC staff proposals,
Task D Preparation of Comments
1. RJC will prepare or assist in preparing comments to be filed with PUC representing
City's position on issues brought up in proposed rules.
2. These comments will be coordinated through Staff and the City's legal team.
3. RJC will assist the City's legal team as necessary in the preparation of and filing of
c on linen ts.
Task E Work With Staff And Legal Team
I. RJC ",ill have continuing communication with Staff and the City's legal team in order
to monitor proposed industry changes and address those issues affecting
murUcipalities.
2. An on-going dialog will be maintained with Staff and the legal team in order to
evaluate chan&g p oposals and evaluate potential effects on City operations.
3. Information necessary to supplement and support the decision making process will be
provided as requested.
•i. RJC ewiU K, available to discuss with the Utility Board and Citv mviagement activities
at PUC and the ISO as requested from time to time by Staff,
5. As dinxied by Staff, RJC will cexwrdinate anal support other consultants, attorneys, and f
lobbyists used by the City in order to insure coordination of planning and other
aetivilies.
Task P 'Technic] Support
I . RJC will provide technical support to the City's legal team to assist in the evaluation
of proposals and the potential impact on the City under different scenarios.
2, RJC will provide lechnical support to Staff, providing information as requested from
time to time to assist Staff in its evaluations and planning prmesses.
3. RJC will evaluate scenarios and proposals from persp&tive of City utility and as a
memlx,r of TNIPA. ,r
t 15'orkpapers will be developed to support the analysts and will be provided to City t•
upon request, t
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` 5. Presentations to Staff will be made as appropriate to discuss results of analyses and
recommended strategies based on the results.
Budget
The budget for the above scope of services for labor and expenses is difficult to estimate
due to the fact that the implementation rulemaking proceedings are just beginning.
There are 36 PUC projects that have been identified to implement retail competition, and
numerous ERCOT committees working to address the details of how retail access will
work. Costs for RJC labor and expenses under the Task Order will be shared with the
Cities of Garland and Greenville based on percent splits as approved by the three Cities.
RJC recommends a budget of $10000 for labor and expenses be approved. This
budget will not be exceeded without prior approval of the City. RJC will bill monthly
with supporting documentation of activities performed. The work being performed will
be under the supervision of the Director of Electric Utilities and may be modified at any
time upon appropriate notice to RJC.
EXECUTED this day of , 1199.
AUTHORIZED BY: ACCEPTED BY:
CITY OF DENTON, TEXAS R. J. COVINGTON CONSULTING
By: By~
Dated: Dated,_ ~55le
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1 A17EST: APPROVED AS TO LEGAL FORM:
JENNIFER WALTERS HERBERT L PROUTY
CITY SECRETARY CITY ATTORNEY
By: By: r i
Dated: Dated:
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AGENDA INFORMATION SHEET
AGENDA DATE: October 19,, 1999
DEPARTMENT: Fiscal Operations
ACM: Kathy Du Bose
Fiscal and Municipal Services
SUUBJECT
A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE
NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN
EFFECTIVE DATE,
BACKGROUND
The North Texas Higher Education Authority, Inc. was established as a non-profit
corporation for the purpose of furthering educational opportunities of students by providing
funds for the acquisition of student loans. The Cities of Arlington and Denton exercise the
poucrs enumerated under Section 53.47 of the Texas Education Code and the dircclors of the
Authority are appointed by the Cities. Under Section 53.47 the Authority may issue revenue
bonds or borrow money to provide funds for the purchase of student loans guaranteed under
provisions of the Higher Education Act of 1965, as amended. The Authority issued its first
revenue bonds for such purpose in 1979.
The incumbents Dr. Lindsay Kefl'er, Place 6 and Mr. )ay Anderson, Plaoe 8, have expressed
a willingness to serve another term Therefore the names of Dr. Keffcr and Mr. Anderson are
respectfully submitted for the City Council's consideration for reappointment
PRIOR ACTIONZREYIFv
At its August 12, 1999 meeting, the North Texas Higher Education Authority Board took
action to nominate individuals to Places 6 and 8 on its board for the term October 1, 1999
through September 30, 2001.
FISC',u. INF'ORIIFATION
Nona
Res tfully subm' led;
Tana G. Ortiz
Director of Fiscal Operations
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S.~Our Docunenu`JtrwlutioneWNonh Tew Wlher U MOM AuOwHtydoe
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RESOLUTION NO.
A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE
NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the term of office for Places 6, and 8 on the Board of Directors of the North
Texas Higher F iucation Authority, Inc. have expired; and
WHEREAS, the Board has nominated Dr. Lindsey Keifer - Place 6 and Mr. W. Jay
Anderson - Pace 8 on the Board; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. That Dr. Lindsey Keifer is hereby reappointed to Place 6 on the Board of
Directors of the North Texas Higher Education Authority, Inc. for a term commencing October
1, 1999 and continuing through September 30, 2001.
SECTION 2. That Mr. W. Jay Anderson is hereby reappointed to Place 8 on the Board of
Directors of the North Texas Higher Education Authority, Inc. for a term commencing October
1, 1999 and continuing through September 30, 2001.
SECTION 3, That this resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of 01999.
JACK MILLER, MAYOR
1 ATTEST;
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY r A
BY:~`
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Aptteda _
Dde_ .
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 34.17 OF CHAPTER 34 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON TO SHORTEN THE EXPIRATION DATE FOR
PRELIMINARY PLATS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A JJ!
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, with the enactment of 0C new vested rights statute - Tex, Loc. Govt Code
Ch, 245 - it is advisable for the City to provide and to shorten to the extent possible expiration
dates on various permits; and
WHEREAS, the City Council deems it in the public interest to shorten the expiration date
on preliminary plats; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECT QN1• That subsection (d) of Section 34-17 "Procedure for approval" of the Code
of Ordinances of the City of Denton, Texas is hereby amended to read as follows:
Sec. 34-17. Procedure for approval.
(d) Expiration of preliminary plat. Except for preliminary plats filed prior to the
effective date of this amendatory ordinance, a preliminary plat shall become null and void within
twenty-four (24) months alter its approval, unless a final plat is filed and approved for all or part
of the preliminary plat within that time. Approval of a subsequent final plat shall extend the
expiration date for the remaining portion of the original preliminary plat for a period of not more
than six (6) months afler the date of approval of the final plat. Approval of a subsequent final
plat within such period shall extend the expiration date for the portion of the original preliminary
plat for which no final plats have been approved for an additional six (6) months from the date of
approval of such final plat. Each extension period for the expiration of the original preliminary
plat runs from the dale of the latest final plat approval; extension periods are not cumulative. If a
final plat is not filed and approved during the extension period, the original preliminary plat,
together with any unapproved final plat applications or expired final plats, lapse.
SECTION 2. That if any section, subsection, paragraph, sentence, clause, phrase, or word
in this ordinance, or application thereof to any person or circumstance is held invalid by any
coup of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance, and the city council of the City of Denton, Texas hereby declares it
would have enacted such remaining portions despite any such validity. II
Sf,C[IQ~U. That save and except as amended hereby, all the sections, subsections, A
sentences, clauses, and phrases of Chapter 34 of the Code of Ordinances of the City of Denton i
shall remain in full force and effect.
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SECTION 4. That this ordinance shall become effective immediately upon its passrep
and approval.
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PASSED AND APPROVED this the day of .1999.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEOAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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AGENDA INFORMATION SHEET
AGENDA DATE: October 19, 1999
DEPARTMENT: Economic Development Department
ACM: David Hill, Assistant City Manager of Development Service
SUBJECT
A resolution of the City of Denton, Texas calling a public hearing to consider
establishing a reinvestment zone 11 for the Peterbilt Motors Company; ratifying prior
actions; and declaring an effective date.
BAC'KOROUND
At the June 22, 1999 City Council meeting, Council directed staff to prepare a resolution
calling a public hearing regarding the establishment of a reinvestment zone in
consideration of a tax abatement for the Peterbilt Motors Company tart abatement
application
The attached resolution sets the public hearing date for November 2, 1999. In order to
meet the requirements of a seven-day public hearing, we mill post the public hearing in
the Denton Record-Chronicle on Sunday, October 24, 1999, and Monday October 25,
1999.
ESTTMAI 'D SCIIEDU OF PROJECT
October 19, 1999 Call a public hearing to establish Reinvestmenl Zone II for the
Peterbilt Motors Company tax abatement application.
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October 24.25, 1999 Post Public Hearing Notice in Denton Record-Chronicle
November 2, 1999 hold a public hearing regarding establishment of Reinvestment
Zone 11.
November 2, 1999 Consider ordinance establishing Reinvestment Lone H.
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November 2, 1999 or Consider tax abatement agreement between the City of Denton
November 16, 1999 and Peterbilt Motors Company.
PRIOR A ITONlRLVIE14, /
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'I he resolution has been prepared as directed by the City Council at the June 22, 1999
meeting.
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FISCAL INFORMATION
None
EXIIIB1TS
Resolution
Reinvestment Zone Map and Description
i
Respectfully submitted:
L
at lifT, D'uector
Economic Development epartment
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS CALLING A PUBLIC HEARING TO
CONSIDER ESTABLISHING A REINVESTMENT ZONE II FOR THE PETERBILT
MOTORS COMPANY; RATIFYING PRIOR ACTIONS; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City has previous to the passage of this resolution re-established its Tax
Abatement Policy by adopting guidelines and criteria governing tax abatement agreements in
accordance with Tex. Tax Code ch. 312, and has declared that it elects to become eligible to
participate in tax abatement; and
WHEREAS, the City finds that it is in the public interest to call a public hearing to
consider the creation of a reinvestment zone for tar abatement purposes for the purpose if
offering a tax abatement to Peterbilt .'Motors Company, a division of PACCAR, 1n', in
accordance with Tex, Tax Code §312.201; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City Council hereby calls a public hearing and the City Manager
is hereby authorized to give notice of a public hearing for the establishment of a reinvestment
zone (Reinvestment Zone io, comprised of the property located on approximately 100 acres of
land near Airport Road and Interstate 35W within the corporate limits of the City of Denton as
more fully described in the attached Exhibit "A," for the purpose of entering into a tax abatement
agreement with Peterbilt Motors Company for a project to be developed within a 100-acre tract
of land within this Reinvestment Zone and other eligible projects under the City's Tax
Abatement Policy, which Exhibit "A" is made a part of this resolution for all purposes as if
written woad for word herein. At the hearing, the City Council will determine whether the
improvements sought are feasible and practical and would be a benefit to the land to be included
in the Zone and to the City after expiration of any tax abatement agreement entered into under
Tex. Tax Code ch, 312. Notice of the public hearing will be substantially in the form of the
attached Exhibit "A," which exhibit is made a part of this resolution as if written word for word
herein. The public hearing will take place on the 2nd day of November, 1999 at 6:00 p,m. in the
City Council Chambers at City Hall at 215 E. McKinney, Denton, Texas 76201, but not until at
least seven days after notice of this public hearing has been published in the Denton ReccrA-
Chronicle, a newspaper having general circulation within the City, and specific notices are
delivered in writing to the presiding officer of the Board of Trustees of the Denton Independent
School District, the Commissioners Court of Denton County, and to other taxing units, if any,
that include in their boundaries the real property described in the attached E°hibit "A" in
accordance with Tex. Tax Code §312.201, All prior actions of the City Manager, the Director of
Economic Development, the City Attorney, and their staffs in providing the required notice are r r
hereby ratified and approved.
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SE ION 2. That this resolution shall become effective immediately upon its passage
and approval at a regular meeting of the City Council of the City of Denton, Texas on this the
day of , 1999, at which meeting a quorum was present and the
meeting was held in accordance with the provisions of Tex. Gov't Code §551.001, et seq.
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: ' /
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11K*1t* naata. DWW Ar WkW WprerWlim KIM wre
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EXHIBIT "A"
NOTICE OF PUBLIC HEARING
PUBLIC NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE
CITY OF DENTON, TEAS WILL HOLD A PUBLIC HEARING TO ALLOW
INTERESTED PERSONS TO SPEAK AND PRESENT EVIDENCE FOR OR AGAINST
THE ESTABLISHMENT OF REINVESTMENT ZONE 11 FOR COMMERCIAL AND
INDUSTRIAL. TAX ABATEMENT PURPOSES. THE PURPOSE OF THE ZONE IS TO
ATTRACT THE PETERBILT MOTORS COMPANY PROJECT AND SIMILAR
INDUSTRIAL AND COMMERCIAL BUSINESS ENTERPRISES TO THE CITY OF
DENTON, CREATE JOBS, EXPAND THE LOCAL TAX BASE, AND TO ATTRACT
MAJOR INVESTMENT IN THE ZONE THAT WOULD BE A BENEFIT TO THE
PROPERTY AND THAT WOULD CONTRIBUTE TO THE ECONOMIC
DEVELOPMENT OF THE CITY. THE PROPOSE OF THE HEARING WILL BE TO
DETERMINE WHETHER THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND
PRACTICAL AND WOULD BE A BENEFIT TO THE LAND INCLUDED IN THE
ZONE AND TO THE CITY AFTER EXPIRATION OF THE TAX ABATEMENT
AGREEMENT UNDER CIIAPTER311 OF THE TAX CODE.
ALL INTERESTED PARTIES, INCLUDING RESIDENTS OF THE PROPOSED
ZONE, ARE ENCOURAGED TO PRESENT THEIR VIEW'S AT THE HEARING.
THE PUBLIC HEARING WILL BE HELD ON NOVEMBER 2,1999 AT 6:00 PAL
IN THE CITY COUNCIL CHAMBERS AT CITY HALL AT 215 EAST MCKINNEY
STREET, DENTON, TEXAS.
REINVESTMENT ZONE 11 WILL BE COMPOSED OF APPROXIMATELY 100
ACRES OF LAND OUT OF THE JOHN DAVIS SURVEY, ABSTRACT 3269 JAMES
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PERRY SURVEY, ABSTRACT 1040, AND EUGENE PUCHALSKI SURVEY,
ABSTRACT 996, DENTON COUNTY, TEXAS, THE REINVESTMENT TONE IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND LYING AND
BEING SITUATED IN THE JOHN DAVIS SURVEY, ABSTRACT NO. 326, THE
JAMES PERRY SURVEY, ABSTRACT NO. 1040, AND THE EUGENE PUCHALSKI
SURVEY, ABSTRACT NO. 996, DENTON COUNTY, TEXAS, AND BEING ALL OF
LOT 1, BLOCK A, PETERBILT ADDITION, AN ADDITION TO THE CITY AND
COUNTY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF
RECORDED IN CABINET H, PAGE 195 OF THE PLAT RECORDS OF DENTON
COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND DESCRIBED IN A
DEED TO SUDERMAN AND YOUNG TOWING COMPANY, INC., AS RECORDED IN
VOLUME 12719 PAGE 759 OF THE REAL PROPERTY RECORDS OF DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
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BEGINNING AT THE SOUTHWEST CORNER OF SAID PETERBILT
ADDITION, ON THE NORTH RIGHT-OFAVAY OF F.M. ROAD 1515 (AIRPORT II
ROAD), SAME BEING THE SOUTHEAST CORNER OF LOT 11 BLOCK 1 OF
WESTPARK, AN ADDITION TO THE CITY AND COUNTY OF DENTON, TEXAS,
ACCORGaVG TO THE PLAT THEREOF RECORDED IN CABINET Co PAGE 127 OF
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THE PLAT RECORDS OF DENTON COUNTY, TEXAS;
THENCE NORTH 010 29' 40" EAST WITH THE WEST LINE OF SAID
PETERBILT ADDITION AND THE EAST LINE OF SAID WESTPARK, A DISTANCE
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OF 2075.19 FEET TO A POINT FOR CORNER AT THE NORTHWEST CORNER OF
SAID PETERBILT ADDMON AND THE NORTHEAST CORNER OF SAID
WESTPAM SAME BEING ON THE SOUTH LINE OF SAID SUDERMAN AND
YOUNG TOWING COMPANY, INC., TRACT;
THENCE NORTH 010 30' 25" EAST, A DISTANCE OF 508.10 FEET TO A
POINT FOR CORNER;
THENCE SOUTH 880 30' 20" EAST, A DISTANCE OF 1678.31 FEET TO A
POINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE RIGHT;
THENCE WITH SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE
OF 90° 00' 31", A RADIUS OF 40.00 FEET, AN ARC LENGTH OF 62.89 FEET, A
CHORD WHICH BEARS SOUTH 430 30'04" EAST, A DISTANCE OF 56.62 FEET TO
A POINT FOR CORNER;
THENCE SOUTH 010 29' 20" WEST, A DISTANCE OF 468.06 FEET TO A
POINT FOR CORNER AT THE NORTHEAST CORNER OF SAID PETERBILT
ADDITION, ON THE SOUTH LINE OF SAID SUDERDIAN AND YOUNG TOWING
COMPANY, INC., TRACT;
THENCE SOIT'TH 01* 29' 40" WEST WITH THE EAST LINE OF SAID
PETERBILT ADDITION AND THE WEST RIGHT-OF-WAY OF PRECISION DRIVE,
A DISTANCE OF 952.13 FEET TO A POINT FOR CORNER AT THE BEGINNING OF
A CURVE TO THE LEFT;
THENCE WITH THE WTST RIGHT-OF-WAY OF PRECISION DRIVE AND
THE EAST LINE OF SAID PETERBILT ADDITION WITH SAID CURVE TO THE
LEFT, HAVING A CENTRAL ANGLE OF 410 40'00"o A RADIUS OF 397.82, AN ARC
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LENGTH OF 289.30, A CHORD WHICH BEARS SOUTH 190 20' 20" EAST A
DISTANCE OF 282.97 FEET TO A POINT FOR CORNER;
THENCE SOUTH 400 10' 20" EAST WITH THE EAST LINE OF SAID
PETERBILT ADDITION AND THE WEST RIGHT-OF-WAY OF PRECISION DRIVE, f
A DISTANCE OF 41.60 FEET TO A POINT FOR CORNER AT THE INTERSECTION
OF THE NORTH RIGHT-OF-WAY OF F.M. ROAD 1515 AND THE WEST RIGHT-OF-
WAY OF PRECISION DRIVE, SAME BEING THE SOUTHEAST CORNER OF SAID
PETERBILT ADDITION, AT THE BEGINNING OF A CURVE TO THE LEFT;
THENCE WITH THE NORTH RIGHT-OF-WAY OF F.M. ROAD 1515 AND
SAID CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 210 38' 04", A
RADIUS OF 617.96 FEET, AN ARC LENGTH OF 298.05 FEET, A CHORD WHICH
BEARS SOUTH 320 50'01" WEST A DISTANCE OF 295.17 FEET TO A POINT FOR
CORNER AT THE BEGINNING OF A CURVE TO THE RIGHT;
THENCE SOUTH 190 01' 00" WEST WITH THE SOUTH LINE OF SAID
PETERBILT ADDITION AND THE NORTH RIGHT-OF-WAY OF F.M. ROAD 1515, A
DISTANCE OF 207.60 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A
CURVE TO THE RIGHT;
THENCE WITH THE NORTH RIGHT-OF-WAY OF F.M. ROAD 1515 AND THE
SOUTH LINE OF SAID PETERBILT ADDITION, WITH SAID CURVE TO THE
RIGHT, HAVING A CENTRAL ANGLE OF 720 03'00'0, A RADIUS OF 527.96 FEET,
AN ARC LENGTH OF 663.92 FEET AND A CHORD WHICH BEARS SOUTH 550 02'
30" WEST A DISTANCE OF 621.03 FEET TO A POINT FOR CORNER;
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THENCE NORTH 88° 56' 00" WEST WITH THE SOUTH LINE OF SAID
PETERBILT ADDITION AND THE NORTH RIGHT-OF-WAY OF F.M. ROAD 1515, A
DISTANCE OF 1131.28 FEET TO THE POINT OF BEGINNING AND CONTAINING
IN ALL 100.04 ACRES OF LAND.
4 W.r 0.n~..mMM.tl.wwnMglrrilk Mln A Irr~l IN ~1
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AGENDA INFORMATION SHEET
AGENDA DATE: October 19, 1999
DF.PARTNIENT: Management and Budget
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ACM: Kathy DuB0sc, Assistant City Manager, Fiscal and Municipal Services
SUBJECT
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM
UNRESERVED RETAINED EARNINGS OF VARIOUS ELECTRIC, WATER, AND
WASTEWATER FUNDS WITH REVENUE BONDS SO THAT VARIOUS PROJECTS
APPROVED IN THE 1999-2000 CAPITAL IMPROVEMENT PROGRAM BUDGET MORE
FULLY DESCRIBED IN THE ATTACHMENT TO THIS RESOLUTION MAY BE
COMMENCED; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND
A bond sale is planned in the spring of 2000 to provide funding for various Electric, Water, and
Wastewater Capital Improvement Projects that were previously approved. In order to expedite
the completion of several important projects, this reimbursement rer,iiution is requested so that
retained earnings from the Electric, Water, and Wastewater funds may be used to begin these
projects. Current Treasury regulations allow the passage of a reimbursement resolution to
reimburse current planned expenditures from the issuance of revenue bonds to finance the
projects.
PRIOR ACTIQNJREVIEW (Council, Boards, Commissions)
The Public Utility Board is scheduled to approve this reimbursement resolution at their
October 18, 1999 meeting.
FISCAL, INFORMATION
Electric Fund retained earnings will be reimbursed by 52,349,000, Water Fund retained
earnings will be reimbursed by 51,289,000 and Wastewater retained earnings will be
reimbursed by 56,500,000.
Respectfully submitted:
Ar
to ort une
Director of Management and Budget
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RESOLUTION NO.
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM
UNRESERVED RETAINED EARNINGS OF VARIOUS ELECTRIC, WATER, AND
WASTEWATER FUNDS WITH REVENUE BONDS SO THAT VARIOUS PROJECTS
APPROVED IN THE 1999-2000 CAPITAL IMPROVEMENT PROGRAM BUDGET MORE
FULLY DESCRIBED IN THE ATTACHMENT TO THIS RESOLUTION MAY BE
COMMENCED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton (the "Issuer'} is a municipal corporation/political
subdivision of the Slate of Texas; and
WHEREAS, the Issuer expects to pay expenditures in connection with the design,
planning, and construction of the respective Total Electric Capital Improvement Program
("CIP') project requirements, Total Water CIP project requirements, and Total Wastewater CIP
project requirements all previously approved in the 1999-2000 CIP budget and as more fully
described in Attachment "A" hereto (the "Projects"), which Attachment "A" is attached hereto
and made a pan of this resolution for all purposes, prior to the issuance of obligations to finance
the Projects; and
1V'HEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer
for the payment of such expenditures will be appropriate and consistent with the lawful
objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the
provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at
such time as it issues the obligations to finance the Projects; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENfON HEREBY RESOLVES:
SECTION 1. That the Issuer reasonably expects to incur debt, as one or more series of
obligations, with an aggregate maximum principal amount equal to 516,138,000 for the purpose
of paying the costs of the Projects, as set forth in the attached Attachment "A".
\1 SECTION 2. That all costs to be reimbursed pursuant hereto will be for design and
construction of capital improvements. No tax-exempt obligations will be issued by the Issuer in
furtherance of this resolution after a date which is later than IS months after the later of (1) the
date the expenditures are paid, or (2) the date on which the property, with respect to which such
expenditures were made, is placed in service. That all amounts expended from the CIP accounts
set forth in Attachment "A" to pay any costs of the Projects shall be reimbursed from revenue
bond proceeds within the 1999.2000 fiscal year.
SECTION 3. That the foregoing notwithstanding, no tae-exempt obligation will be ti l
issued pursuant to this resolution more than three years after the date any expenditure which is to 1
be reimbursed is paid.
SECTION 4. That this resolution shall become effective immediately upon its passage
and approval.
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PASSED AND APPROVED this the ` day of 11999.
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JACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTO Y
BY:
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ATTACHMENT A
ClP p CIP proiect CD9
00-1031-01 Services (primary lines/secor,dary main feeds) $ 800,000
00-1031-02 Feeders & Extensions 1,174,000
00-1031-06 Overhead'Underground Conversions 325,000
00-I032-02 Land Purchase for New Substation (West) Phase l 50,000
Total Electric C1P Project Requirements $2,349,000
LIP-, CIP Project Q251
99-460-06 Variable Frequency Drive - Lake Pump Station $ 200,000
99-460-08 Replace SCADA System 175,000
99-460-09 2 MG Elevated Storage Tank(property purchase) 250,000
99-460-AOI Ray Roberts WTP & Raw Water Facilities 215,000
00.460-AOI Ray Roberts WTP & Raw Water Facilities 585,000
99-460-AO3 Booster Station & System Tie In 70,000
00-460-AO3 Booster Station & System Tie In 1,245,000
00-460-05 Distribution Control Upgrade Plant Filters 200,000
00-460-09 2 MG Elevated Storage Tank (design) 250,000
00-460-Kl O 1 MG Elevated Storage - Upper Plane 890,000
00-46I-01 Oversize Waterlines I00,000
00-461.13 Lillian Miller /FM 2181 Water Line 1,100,000
00.461-J 12 Distribution System Upgrade - Bernard 659,000
00-461-KO9 State Highway 77 Relocation 1,150.000
Total Water CIP Project Requirements 57,289,000
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LIP Prgiec1 C451
00-470-JOS WWTPUpgrade-21MGD $1,715,000
00-470-06 Land Purchase 2,500,000
00-471-01 Oversize Sewer Lines 85,000
00-471.05 1&1 Correction - Middle Pecan Crcek 150,000
00-471.105 1&1 Correction - Western Pecan Creek 700,000
00-471-KIO State Highway 77 Relocation (Hwy 380 to 1-35) 350,000
00-471.13 Graveyard Branch Interceptor 1.000.000
Total Wastewater CIP Project Requirements $6,500,000 ! v
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AGENDA INFORMATION SHEET
AGENDA DATE: October 19, 1999
DEPARTMENT: City Manager's Office
CM: Mike Jez, City Manager
SUBJECT
Consider nominations and appointments to the City's Beards and Commissions.
BACKGROUND
The following is a list of current Board/Commission vacancies/nominations:
Kevin Kasparek has resigned from the Keg Denton Beautiful Board. This is a nomination for
Counci I Member Kristoferson.
Diane Wicks has resigned from the Historic Landmark Commission. This is a nomination for
Council Member Cochran.
Ifyou require any further inrormation, please let me know. ,
Respectfully submitted:
ai'llb'd //41-~ 1
Jen r alter
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