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HomeMy WebLinkAbout10-26-1999 c c ' • October 26,1999 Agenda Packet kWWW, r t Agenda No. AGENDA Apeoda Item. CITY OF DENTON Cl I Y COUNCIL Date._ October 26, 1999 After determining that a qu-rum 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 26, 1999 at 5:30 p.m, in the Council Work Session Room at City I[all, 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 n-t conduct a closed meeting at 5:30 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 $51 of the Local Government Code as set forth below. I. Closed Meeting A. Consultation A ith Attorney - Under'I'EX. GOVT. Code Section 551.071. 1. Discuss status of litigation including a proposed ordinance authorizing the City Manager to execute a contruct for professional legal services with Wolfe, Clark, Hendcrson R Tidwell to provide legal services with regard to litigation styled bhmh llxrl Aclndnlrlrnllre,Cervlre.r, Inc. v. Cky of Denton. Cause No. 99.50263.367 filed in the 367"' District Court of Denton County; authorizing the expenditure of funds therefor: and declaring an clTective date. ANN' FINAL AC'110N. DECISION, OR VOTE ON A MATTER DELIEi ME:D IN A CLOSED Sit F.tING WILL ONLY HE TAKEN IN AN OPEN MEETING 1'IIAT IS HELD IN COMPLIANCE IM 11l 1 LX. GOV'r. CODE C'I I. 551. TIIE CI IY COUNC'IL RESERVES THE RIGIIT TO ADJOURN INTO A CLOSED MEETING OR EXLCUIIVE: SESSION AS AUTHORIZED BY TEX. GOVT. I CODE SEC. $51.001, El' SrQ. (TEXAS OPEN MEETINGS AC I-) ON ANY ITEM ON I1'S OPEN Nil [RING AGIiNDA OR TO RECONVI:NF IN A CONl'INUATION OF TIIE CLOSED MEETING ON 111E C'I.OSFD NIEETING ITEMS NO11 .1) ABOVE, IN ACCORDANCE WrrH THE 1EXAS OPEN Sir-11INGS ACT, INCLUDING, WI I IIOUT LIMITATION SEC110NS 551.071.551.096 OF 11IE OPEN Nil CIINGS ACT. N ork Session of the City of Denton City council on Tuesday. October 26, 19,99 at 6:00 p.m. in the Council Work Session Room in City full. 215 E. McKinney Street, Iknlon, Texas at which the following items will be considered: NOIF': A Work Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction Into whether or not such mutters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a Work Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate In the session. participation uy individuals and members I'. < of organizations invited to speak ceases %6cn the Mayor announces the session is being dosed to public input. Although Work Sessions are public meerings, and citizens have a legal right to attend, they are not public henring,r, so citizens are not allowed to participate in the session unless invited to do so by the Nfayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being I t` I 1 'I I City of Denton City Council Agenda October 26, 1999 Page 2' explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff mill generally prepare a final report defining the proposed action, whlch will be made available to all citizens prior to the regular meeting at which citizen Input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. 1. Receive a report, hold a discussion, and give staff direction regarding funding options for the 2000 Capital Improvements Program. 2. Receive a report, hold a discussion, and give staff direction regarding the revised draft Comprehensive Plan. 3. Receive a report, hold a discussion, and give staff direction regarding implementation of the Fry Street Small Area Plan, Including the creation of a Fry Street Zoning Overlay District. 4. Reccive a report, hold a discussion, and give staff direction regarding the Draft Scope of Work for the Denia Neighborhood Small Area Plan. 5. Receive a report on the public transportation planning study and give staff direction regarding recommendations for improvements to the public transportation system. 6. Receive a report, hold a discussion, and give staff direction regarding the preparation of the city's annexation plan, Including the cITM of Senate Bill 89, which enacted several amendments to state annexation law. 7. New Business This item provides a section for Council Members to suggest items for future agendas, CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton. Texas, on the day of 1999 at o'clock(a.m.) (p.rn CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE 111111 '111E AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INfERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED A, AT LEAST 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 (fDD) BY CALLING 1.800•RELAY•TX SO THAT A SIGN LANGUAGE IN I LRPRLTER CAN BE SCIIEDULED THROUGH THE CITY SECRETARY'S OFFICE, t Ap1AQ~ No,~q- 047 AGENDA INFORMATION SFiEF.T Dabs AGENDA DATE: October 26, 1999 DEPARTMENT: General Government CM/DCM/ACNI: Rick Svehla, Deputy City Manager SUDJECT: Receive a report, hold a discussion, and give staff direction regarding funding options for the 2000 Capital Improvements Program. BACKGROUND: Last Tuesday Council unanimously approved a Capital improvement program project list for $34.87 million. This program was recommended by the 2000 CIP Blue Ribbon Committee as well as a unanimous vote by the Planning & Zoning Commission, At your meeting last 'T'uesday, Chairperson Euline Brock recommended the list to you and recommended that you look at options for financing this program. After the council voted to approve this list you directed the manager and his staff to bring you options for your consideration. Using the projected six- percent growth that has been projected for the budget, the staff developed options to accommodate the 5114,87 million wonh of projects. Those options include too scenarios with a tax increase of five-cents as well as a scenario for building all of the improvements based solely on six- percent growth, OPTIONS; L option one would issue a one and one-half cent tax increase in the second, third and fourth years of the CIP program, and one-half cent in the last year. 2. Option too would implement a too-cent tax increase in the second and third year and three quarters or a cent tax increase in the fourth year and one-quarter cent tax increase In the filth year. 1. option three would Tx dependent upon a six-percent growth annually with no tax increase, «hich would result in an eight-year program. REC'ONEWNDMIO\S: Staff %%ould recommend option 2. This option would increase taxes by two cents. the second and third year by three-quarters ofa cent and the fourth year in one-fourth or a cent. i F'SC LA INF'ORMA I N: The total program would result in a nickel in tax increases over the life of tlm program. 'I his total increase would be committed to debt service only. a Res submitted: Rick Svehla Deputy City Manager c f CITY OF DENTON, TEXAS OFFICE OF THE CITY MANAGER •215 E. McKinney Street•Denton,Texas 76201 To4phone 1940) 349-83074 ax (940) 349-8398 MEMORANDUM DATE: October 28, 1999 TO: Mayor and Membera of the City Council FROM: Rick Svehla, Deputy City Manager SUBJECT: FUNDING RECOMMENDATION FOR THE 2000 CIP PROGRAM I Per your direction on Tuesday evening staff has looked at funding scenarios for your approved CIP list. As staff indicated early on we have funding capacity to be able to fund $22.8 million worth of projects without a tax Increase. Since the new list includes $34.87 million an additional $12 27 million will have to be funded In order for the entire program to be t completed in five years. Attached you will find three different funding scenarios. The firs) two scenarios fund this extra $12 million within the five year program and require a tax Increase. The third funding scenario relies solely on growth based on six percent a year. The first scenario Issues a level tax Increase of a penny and one-half in the second, third and fourth year and, finally a one-half cent lax Increase in the fifth year. This scenario would allow us to fund the CIP In a fairly level scenario for the last four years of the program. The second scenario Increases the tax rate early in the program, This program would allow more projects to be built early on and thus complete them earlier so that we would reap the benefit of the earlier completion. It would also help us defeat inflation since inflation compounds and the longer we wait the more expensive projects will become. Finally, the last scenarlo looks at just relying on this six percent growth assumption to build the entire $34,87 million program. Under this scenario the program becomes longer. The staff has estimated that it will take eight years to complete all of the projects. The staff would recommend the second scenario. This scenario would Increase the taxes by two cents in the first and second year of the program. This would allow more projects to be ! ! r'. built in the earlieryears; thus the facilities would come on line sooner and be able to be used sooner. As we mentioned R would also help us fight Inflation since that Is a cumulative effect and the more years you wait the more expensive the projects become, We are also W M atvofdenlon (&m "fJefiaaWto QuaNy 84'rW' i i G f Memo :n Mayor and Council October 28, 1999 Page 2 suggesting this for a third reason, We have been using a six- percent growth rate. We believe that there Is a possibility that Denton's tax base may grow even faster than six percent. If that occurs, the tax Increases would allow us to Issue more bonds earlier and thus continue to move the program ahead. We believe this option allows you to move the program forward In a very expeditious manner. It allows for more projects to be built earlier and yet, it Is a program that includes only a nickel of tax increase rather than the six cents that was originally estimated. We are recommending allocating all of the proceeds from this tax Increase to be dedicated to debt service for the CIP program, I am sure the Council Is aware that this CIP program will have Impacts on future operating budgets and may require the Council to look at those needs as separate funding decisions. We believe that another benefit to this program is the schedule itself. Council will note that In the first year we are not advocating any tax Increase at all. By doing this the staff will be able to provide estimates to the Council on the growth results every year before the actual tax Increase would be approved. It will give the Council the flexibility to move the program ahead N there is more growth at the same time it will allow the Council to modify the program and slow if down should the economy and growth decline below the six percent level. We believe this scenario allows the Council to move ahead aggresslveiy and yet gives the Council the flexibility to change and modify the program should forces beyond our control cause shortfalls in the revenue streams. We are excited about these possibilities and think it's a program that community can support and we would recommend it to the council. If any council members have questions, we will be hap and answer them at your convenience. Rick Svehla Deputy City Manager RS:af Attachments r mnyt. city0denton.aom 0 e Funding Optlona for CIP Committee Recommendation at $34,870,000 19982000 20002001 2001.2002 2002.2003 2003.2004 2004.2005 2005.2006 2008.2007 TOTAL Base Projected Debt $22,800,000 t, 3,750,000 4,100,000 4,385,000 4,885,000 5,500 000 S 22,600 ,000 .,t ~.h:1jh. [ p. •o }.~e ,!fin. r, 8% Growth Scenerbs 01 Projected Debt 3,750,000 7,100,000 7,785,000 8,815,000 7,820,000 S 34,870,000 k 1 Necessary Tax Increase' 0.015 0015 0.015 0.005 02 Projected Debt 3,750,000 8,100,000 8,885,000 7,065,000 7,070,000 $ 34,870,000 N 2 Necessary Tax Increase' 0.020 0.020 00075 0.0025 - L;,", ~MepOtlO'j 4 3 Projected Debt 3,750,000 4,100,000 4,385,000 4,855,000 8,500,000 4,300,000 4,300,000 3.670,000 34,870,000 0 3 Necessn Tex Increase ' Per $100 V"*M • 9 10/21199 10,09 AM 6 c• I • i I AGENDA INFORMATION SHEET pe~nd bm q { ~ Or AGENDA DATEt October 26", 1999 DEPARTMENT: Planning& Development cpartmenl Ch1/DCMlACb1: Dave Hill, 349-8314 SUIIJF.CT Receive a report, hold a discu"ion, and give staff direction regarding the revised draft Comprehensive Plan. BACKGROUND A third dran com?rehensive plan public hearing was held on October 10, 1999. Four citizens spoke in opposition to the draft Plan, including the submittal of written comments (see Exhibit A). Suggested revision comments were also offered by consulting attorney Terry Morgan (see Exhibit B). Council decided to extend the review schedule, reserving October 261h and November 9'h as work session review dates, and continued the October l9'h public hearing to November 16`h, at which time adoption will be considered. On October 19'h, 1999, Council indicated which drr n Plan chapters met with approval and those that needed further review, as per the following lists; Informally Aprrovcd Charters Chapltrs Ncedlntt Further Rc%;(e" #S - (Iconomic Diversificalion #I -Introduction 97 - Water Service 02 - Population Forecasts #8 - Wastewater Scnices 43 - Growth Management & Land Use 49 - Siormwater Drainage #4 - I lousing # 10 Solid waste #6 - Transportation # I I - Electric Son ice # 14 - Urban Design 412 - Parks, Recreation, & Open Space #16 - The Street #13-FnvironmcnialManagcment #17-The Edge #15 - i listoric Prescn ation 421 • Implementation # 19 - Schools # 19 - Maintenance & Enforcement 420 - Public Involvement As requested, all Council-authorized revisions made through October IP have been incorporated into the revised draft Plan, attached as Exhibit C. h' OPTION Council did not ask staff to draft any revisions to the comprehensive plan in preparation for the October 26`h work session. The focus of revision comments Identified in Exhibits A and B seems to be t c I f i Chapter 3, Growth Management cr:d Land Use. Staff will continue to review the revision comments n and examine the text and tables to determine if potentially confusing language can be made clearer. RECOMMENDATION Staff is prepared to make revisions as discussed and authorized by Council i ESTIMATED PROJECT SCHEDULE October 26'h City Council Work Session November 91h City Council Work Session (tentative) November 16'h Public l tearing continued from October 10 & Action PRIOR ACTION/REVIEW pate (All In 19991 Urari Comprehenslve Plan Review Activity February 23'd City Council Revicw, Introduction, Population Forecasts, & Growth Management Strategy Chapters March 30`h City Council Review: Infrastructure Chapters ('Transportation, Water, Wastewater, Stormwater Drainage, Solid Wasto, Electric Utilities) Apri 113`h City Council Review: Parks & Open Space, Urban Design, "The Street", I he Edge" Chapters April 27'h City Council Rcvicµ: l Historic Presc alion, Public Facilities, & Economic Diversification Chapters May I I'h City Council Review, finvironmental Nlanagemeit Fc Public Involvement Chapters May 21City Council Retreat Review: Land Use C'hapt:rs (Residential, Commercial/ Retail, Civic / Institutional, Industrial, Special Districts), Recommended Land i Use Plan, Implementation Strategy, "Maimenance / Enforcement", & School Districts Chapters June 22"d City Council Release of draft Comprehensive Plan for public review Approval of Public In%olvement Schedule June 23'd P&1. Revicw Session (during Regular Meeting) Jul) 14'h P&L Review Session (during Regular Meeting) 11 July 21" Y&7. Revicw Session (Special Called Meeting) Jul) 26'" Public Meeting - Denton High School Jul), 28'h P&/. Review Session (during Regular Meeting) Jul), 2y'h Public Meeting - Center fur Visual Arts August 2"d Public Meeting - Wilson Flementary ' August 5,h Public Meeting- Dorman Elementary August 9'h Public Meeting - Sam Houston Elementary August I IP&I. Review Session (during Regular Meeting) August 121h Public Meeting - MILK Recreation Center , August 141h Public Workshop - Calhoun Middle School August 25" First P&!. Public Hearing September 71h First City Council Public Ilcaring 2 t, 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 11" Second City Council Public Hearing September 22nd P&Z Public Hearing October 0 Joint City Council - DISD Board Xlecting to discuss "Scho,, Chapter October 12t4 City Council Work Session October 13'h Third P&Z Public Ifearing: P&Z Commissioners forwarded several comments to City Council, declining to make a recommendation to City Council, by a vote of 5.2 (Oourdie and Englebrecht opposed) October 19i4 Third City Council Public I fearing (continued to November 16`^) FISCAL INFORMATION I he drag Comprehensive Plan has been produced using existing city staff resources once the Growth Management Strategy was completed and approved by City Council. 'I he Comprehensive Plan, upon adoption, will influence significant public and private Investment and funding decisions for several years into the future. ATTACHMENTS Fxhibit A: Written comments submitted by Debra Drayovitch Exhibit B: Revision comments offered by consulting attomey'rerry Morgan Exhibit B: Draft Comprehensive Plan (with revisions as authorized by Council as of October 12'h) Exhibit C: Draft Ordinance I Respectfully samitte r I~ [fill ssistant City Manager, Development Services Icis(J~)raa by~ ncy bfcBct r r Comprehensit~~la ring Manager A 3 I Dear hfayor Pro-Tempore Beasley and Councilmembers Cochran, Durrance, and Krislofereon i Dave Hill was kind enough to provide me a copy of the latest draft of the Denton Comprehensive Plan late Thursday evening, at the code Development Committee meeting, I had an opportunity to review most of it over the weekend, and although you have made great progress, I think there are still some issues that need to be cla•-ified and addressed. Please do not let others push you to adopt this Plan. The fact that it takes additional time and public hearings to finalize such a major document only reflects the fact that you care and you want the policies to accurately reflect the community's vision. one city that I have had the opportunity to work with recently adopted a park master plan. There were 20+ meetings with public hearings regarding the plan, over a lengthy period of time, but when the city council adopted the plan, it truly represented the city's policies and goals. The latest version of the Plan before you more closely approximates the results of yDur growth management strategies,-but needs some tweaking to reflect those strategies accurately. Although it appears that some effort has been made to comply with the city Council'e directive regarding the reaffirmation of the adopted density levels, it still has a long way to go. For example, why is the holding capacity of Denton included, as compared to the metroplex cities. Why are we comparing Denton with Dallas and For Worth, when many citizens who live here could have lived in Dallas or Fort Worth but selected Denton because it was different. As Councilmember Cochran asked months ago, why are we accepting and basing the Plan on the assumption that the population will bu 215,100 in 20207 1. Page 8 states that density levels should reflect the goals outlined in the growth management strategy. Perhaps I have a report which was never adopted but my copy of the Growth Management Strategy provides thati The average SF lot size will continue to be 10,000 to 12,000 SF for Residential Iota. . The Land Use Mix in 2020 will be the same as currently exists for all uses except institutional and industrial. There will continue to be an average of 2.e peo4le per SP residential unity and 1.8 per multi-family unit, EXHIBIT APAGE 1 ~ I Why are these assumptions not included in your Comprehensive Plan? 2. More importwitly, throughout the Growth Management strategy, reference is made to adequate public facilities and adequate levels of public services. This theme was evident in the management of the timing of development and quantity of growth. If the City Council wishes to carry through this goals, the Plan should contain a thorough dlscuesion of this issue. Although I am writing as a citizen and not as a professional, I strongly recommend that you •riait with your attorneys about the importance of laying the framework of such requirements for adequate facilities in the Plan, for example, the Plan should state thit the City has been experiencing unprecedented and rapid growth with respect to land development, housing, utilization of resources and population. The Plan is being adopted to guide the future development and insure that the comprehensive plan and the other plans are not frustrated by unplanned and uncoordinated development which would create an undue burden and hardship on the ability of the City to translate the plans into reality, The objectives in this regard may includer la 1. To eatablistr and maintain essential quality of community services and facilitiest 2, To establish and maintain municipal control over the eventual character or development; 3. To establish and maintaln a desirable degree or balance among the various uses of land, etc, 'phis should be elaborated upon in Section III. B.(Principle of SuslainabiIity) and in Section 3 1111 (pp.30-3 1), These issues oradcquate racilities should also be addressed In the "Utilities" sections. 3. In the revised plan, what is moderate density and what constitutes high density? The rrtson that I ask In that aside rrom map and table references and definitions, the Plan contains S references to moderate density and 16 reretences to high density, Compare this to two references to low density. Thus, your concept of high and moderate density is crucial to the Interpretation of the Plan. i 4. In Section 3,C.2.d , why Is the development of single-family low-density residential uses ! lintiied to outside the urbanizing atcas? The same comment applies to Section 3.1111c. 5, What does Section 3.C.2.p. mean? EXHIBIT A page 2 r 6. 1 am confusLA by New TABLE N.1, on page 14, which states that 1995 Developed Residential land uses for single-family were 2.61 units per developed acre. If this was NTCOG's estimate in 1995, surely it has changed over the last four years. In fact, Table 03 references 5,504 acres developed for single family use and Table N2 references 6,756 acres zoned for single- family uses. Is there 1252 undeveloped, though single fancily zoned acres? And if it is zoned, why isn't it counted In calculating curren' density levels? 7. 1 f the average citywide density Is to continue to be 10,000 SF, why Is density averaging 4 units per acres the "goal" in netgliborhocod centers? Why not have a cilywide average and let the developer chow you why dcnsily should be Increased In neighborhood centers? g. To understand the proposed densities and interrelationships between existing neighborhoods and neighborhood centers, mixed use centers and community use centers, I ask you to consider them on the map, and see how each of these will directly abut existing ucighborhoods. My map shows that the vast majority of land to be developed will best the higher proposed density. This does not renect the Growth Management Strategy. 9. ?lie minimum lot size for single-family low-density development will be 2 acres is stated on page 16. This shocked me as this was the first time I have seen a requirement (hat low- density should be 2 acres or more per unit. While the City may be able to adopt an ordinance requiring a minimum crone acre for a on-site samilary sewer system, Slate law only requires a lot or one/half acre, 10. I he Plan, at page 16, states that Ihree evaluation criteria will be taken into account to determine appropriate site-specinc residential densities. It omits the most important one- tlne Character of existing adjacent neighborhoods. 11, pine Plan, at page 10, subsection d., does not rnake sense. It should read: As dcnsily increases, the requirements for a developer to provide higher quality and more anonitics per dwelling unit increases. 12. Page 17 states that your objective is to increase single family ownership by rive percent over the next twcn(y ),cars. Why do you not wish to go with the recommended goal of seventy percent? 13. Section 3,111.4, Goals and Strategics, should reflect the basic premise that the City will accommodate residential development and mecl projected demand based upon the ability to provide adequate public services and facilities, including schools. 14. Section 3 IIi.4.a 2)b) provides (hat Ihere will be no minimum lot size requirements for wtdeveloped land, but rather density ranges. I did not realize the Council had made this policy e decision, and question why. I recommend that this sentence be deleted, / 15. Section 3 IllAx. 2)c) provides that the City shall encourag%all new development to be contiguous to existing development. Yet Ihis means that new neighborhood centers and mixed EXHIBIT A page 2 t use centers will be adjacent to existing neighborhoods. Yet there Is no goal or strategy In the plan to adopt standards for the encroaching development so as to minimize conflicts with the residents of the neighborhoods. Have you considered adopting residential adjacency standards? This would surely help minimize conflicts. This comment also applies to Section 411.13., page 37. 16. In the same vein, Section 31114.d. should be amended to add that higher residential l density may occur in regional, community and neighborhood activity renters, but not to the d.(rimenl of existing neighborhoods. 17. In Section 3. Ilf 4.d.2) d) the strategy should Include requiring adequate levels ofservice, public facilities, and schools. 18. Respectfully, I ask that you please define the terms "Mixed-use development", and "multiple-use activity centers." Last week, at our Code Development Committee meeting we were given two different definitions of mixed use development within ten minutes. II would be very helpful to the citizens, the developers and to me to know what you mean by those terms. 19. Page 30, Section 2, last sentence of the second paragraph refers to utility profits. I did not realize the City utilities were intended to be profit centers. Perhaps abetter term would be "utility revenues" 20.- Section 4.11.A. 9., page 37, should be amended to Include schools. 21. Ilion are several typographical errors 1 Poled where words have been left out, no doubt the result of haste. For example, on the third bullet on page one the word "City" should be inserted between the words "the" and "for". On page 16, In subsection a., some words are omitted because the statement does not make sense (Dense development can be magnify negative impacts if improperly constructed). There are several more of these typos and omissions in my copy. I am sure you do not went to adopt such an Importart document without taking the time to review it one more time. I have been to several community meetings regarding the Plan, and have heard the City Council discuss it several limes. The latest dreg of the Plan does not reflect the community's vision for Denton as expressed at these meetings. I respectfully urge that you act to adopt the Plan after these issues are addressed. This is such a vital and important document, its passage should not be rushed. Thank you for taking the time to review these comments and suggestions. ~I I EXHIBIT k pa§e4 10iS5i99 09:53 TEA-:e MDRGM 6 A:S'OCIATES 19403327923 ru.011 ( CONMtNTIAL SUBJECT TO ATTORNU-CLL1s NT PRIVI"(;' MEMORANDUM TO: Herb Prouty Denton City Attorney FROM: Terry D. Morgan Terry Morgan sit Associat a DATE: October 13, 1999 RE: Comprehensive Plan polides Residential Density I have brietly reviewed the revised Comprehensive Plan draft dated Oct. 11, 1999 u time has permitted. The commence that follow presuppose that the City Council may wish to consider interim development regulations that limit residential density, or that filter projects based on interim development standards, pending full implementation of the Land use policies through the adoption of a revised development code. I do not express. any opinion mt omt h lions. wisdom of such a proposal, nor am I guessing whether the City will enact an an int~ ovedsy K however, the Council proceeds with a program, fbr example, that imposes zoning district on undeveloped portions of the City, then I think it advisable to ground the regulations in the comprehensive plan itself. It Is also a good kin to "cipate interim regulations as one of the Implementation measures. For these tensors, the fbllownng xevnsions should be made to section 3 governing Growth Management and Land Use' p. 8: "Quantity of Growth": since management on this 8tctor may involve density limitations, the sentence probably amid read: "Quantity of growth will be actively managed." p. 9: section d. Secause septic regulations at the state level allow sub-surfs" syVems on Iota as small U. S acres, the second sentence should state' "The size of the lots in those areas will based upon Aron required to support on-site sewage disposal systems and other factors relating to the rural character of the area." p. 11: tecdon n. I would broaden the statement, something along the following lines. "Preserve the 100-year floodpisin and o recreation significant environmental 8e adequate part of the City's overall open iacp drainage, preserve wildlife habitat, encourage passive recreational uses, and to provide buftbns between incompatible land uses." I ' t p. 16: density bullet points The first bullet point appears to contradict the text, sines Wdsting single-family EXHIBIT B t. i 10~15i49 09:53 TERRY P1a%gN 6 AS20CIATES 4 19467829923 NO.019 Ve3 densities are less than 3 units and could-femity decides are greater than 24 units per acre; we p. 13. The statement should be eliminated, or the date conformed to I the policies that follow. . The second bullet point appears to confound average density and lot size for SF development. For example, the Carty of Flower Mound's recently adopted land use element identifies low average density, but allows for a mix of lot *a wtttdn areas so designated, In order to mudmize provision of open space. For these reasons, and presuming that Denton may wish to preserve its options for sucb a development pattern, I would change the statement to something like the following' "It is the intent of the pluilo promote and maintain g~vpfamily residential density of 3 units per gross acrti corresponds to a tingle-family lot size of 10,000 square feet. Residential densities may vary according to the character of the area ud the nature of the development planned for the ues, bowever. In neighborhood comers. density may average 4 units per acre, while In rural areas, density may be .3 units per acre or lower. Actual lot size mix for new developments abould be compatible with existing development and should foster provision of open apace." In some arras, residential density may be increased in exchange for siotsttt project amenities and Integration with the thus= of the neighborhood or am in which the project to located, The dbullet lexclude the tdbrence the the coin the ndmla densides and should tion of existing densities. p. 16: 1 would reword some of the alphabedzed policies to strengthen the potential use of regulations to encourage project amanides, combining the last 3 policy statements: C. Projects proposing hWw raaidwAlal densities should provide high quality design and amenities that benefit the character of the area. Smaller lot sizes may be and other allowed in some me" in exchange fDr the provisio of epacs amenities. Zoning and development regulations should be structured to implement this policy. p. 134 Chapter 21, Implementation, Is missing in my draft I wtvuld make sure that the a state n tol to the following effect is included In the implements-ion secdon, or perhaps Is Included in section 3: "Bemuse implementation of lad use and growth management policies through the r' adoption of a revised development code will take time, and because the City continues to experience rapid growth in urban and urbanizing areas that may be inconsistent with the f ! ' , i 2 I i E%HI82T 8 t. 10115 09.53 IERRV MOMM i AS:OCIRT"c3 19403829923 W.e19 cal densities are lees than 3 units and muld-lhmily densities are grater than 24 units per acre; see p. 13. The statement should be eliminated, or the data conformed to the policies that follow. The second bullet point appears to confound average density and t size f development. For example, the City of Flower Mound's recently adopted land use element identifies low average density, but allows for a mix of lot sizes within arses so designated, In order to maximise provision of open apace. For these reasons, and presuming that Deacon may wish to preserve its options for such a development pattern, I would change the statement to something Me the following' a "It is the intent of the pidt'O' promote and r n an overall single-family residential density of 3 units per grow acm which StuovY single-family lot size of 10,000 square fiat. Residential densities may vary according to the character of the area end the nature of the development planned for the area, however. In neighborhood samara, density any average 4 units per awe, while in rural eras, density may be .S units per tae or lower. Actual lot size mix for new developments should be compatible with existing development and should foster provision of open space." In some areas, residential density may be increased in exchange for sigamit project amenities and Integration with the character of the neighborhood or area in which the project is located. The third bullet point is Inconsistent with the data in the plan concerning MF densities and should exclude the reference to the continuation of existing densities. p. 16: h would reword some of the alphabetized policies to strengthen the potential use of regulations to encourage project sme+ides, combining the last 3 policy statements: a Projects proposing higher residential densities should provide high quality design and amenities that benefit the character of the arts. Smaller lot sizes may be { &Rowed in some areas in exchange for the provision of open space sad other I amenities. Zoning and development regulations should he structured to implement this policy. p. 134 Chapter 21, Implementation, Is aslWng in my drag I would make sure that the a statement to the following effect is included In the implementation section, or perhaps Is included in section 3: "Because Implementation of Ind tae and growth management policies through the adoption of a revised development code will take time, and because the City continues to experience rapid growth in urban sad urbanlsing areas that may be Inconsistent with the 2 1 ' i EXHIBIT B l~ 1 10/15/99 09:53 TE 3Y MORGAN 6 FSSOCIRTES 4 19403627923 N0.019 W4 planned character of such areas, the City may adopt interim development rWISdon in order to amore that development is consistent with the stated policies pending adoption of permanent regulations." p, 17: b. Are neighborhood ce tm sod new neighborhoods the same? If so, presumably residential densities would be 4 units per acre. If this the ~ however, , it may land be feasible to reach the avenge city-wide density of 3 per c. The language In the second rrntence on runt lots should be modified for the reason stated above, to lend: "The dze of the lots In these areas will be based upon the area required to support on-site sewage fi1cilities and other Batton such as open space that promote the runt character of the area." ddopgrig OrdJaAm I can't clearly make out your recommended changes, but I think I get the drift. Here sro my comments: Section a may be unnecessary. Are there separate documents that are different ftom the stated policim in thisdraft? If so, "incorporating" them will cause problems. Maybe the section IV language as modified coven this item. Section N, u you have noted, allows the Denton Development plan from 1988 to confuse things, since as presently worded it only repeals provisions that am in coon don't know if it was adopted by ordinance.) If the plan wasn't adopted by ordinance. TV can stand, but a separate section should state the intent with respect to the 1988 plan and should incorporate if possible the "repeal" of the 2 documents referenced in section a. There presently is nothing in the document that rdects the "consistency" between the plan and "development regulations" or development deasior a. if the council walla this, section I can be modified by adding a sentence, something hike the following; "It Is the intent of the Council to Implement the land use and growth management policies of the plan through adoption of consistent zoning and development regulations and to promulgate rtandards by which development decisions can be reviewed for consistency with such policies." If you have questions, plow let me know. 4 r I 3 EXHIBIT B. r Mm- DRAFT Denton Comprehensive Plan 1989-2020 1 Revisions J Version #3 October 26,1999 EXHIBIT C 4 Revised Comprehensive Plan October 261h, 1999 ~ GENERAL NOTES THIS IS A REVIEW DOCUMENT ONLY. PLEASE REFER TO THE JULY 9TM, 1999 DRAFT COMPREHENSIVE PLAN FOR MOST FIGURES, TABLES, AND TEXT BOXES THAT HAVE NOT BEEN ELIMINATED AND ARE REFERRED TO WITHIN THE TEXT OF THIS OCTOBER 26T",1999 VERSION. Al tables, figures, and text boxes will generally remain the same as printed In the July Q% 1999 draft comprehensive plan except as noted within the text of the October 26 h, 1999 revisions or as foliows: I FIGURE 2.1 Population Forecasts by Sub-Area Map Revisions made to Include all annexations of land Into the city limits that occurred since preparation of this map in 1998. FIGURE 3.1 Land Use Plan Revlslon made to reflect City Council change of lend use so R oW IH35E and east and west of Teasley Lane. Land originally indicated as downtown unWialty 6»tf hanged to reflect existing residentialllnflll compatibility east Teasley Lane and ocim nunity 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, south of the proposed Loop 288, and west or the Union Pacific Ran road. A COMPLETE VERSION OF THE PLAN WILL BE PRODUCED FOR PUBLIC RELEASE IN THE FUTURE, AFTER ADOPTION BY THE CITY COUNCIL. CONTACT: City of Denton j Manning A Development Department Jity Hall West, 221 N. Elm, Denton, TX 78201 040.3894330 email: nkmcbeth@cityofdenlon.com www.cityofden`on.comlpta nnln9 i r. Revised Comprehensive Plan October 2611, 1999 Table of Contents Section 1 Introduction Page 1 Statement of Purpose Page 1 Vision Statement Page 2 Section 2 Poputstlon Forecasts Page 4 City Background Page 4 Market Position Page 4 Holding Capacity Page 6 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 " qA~' - Page 28 Municipal Facilities Page 30 Special Districts _ • Page 33 Section 4 Housing Page 36 Introduction Page 36 Policies Page 37 Existing Situ:.tion Page 38 Issues Page 39 Goals & Strategies Page 41 Section 5 Economic Diversification Page 43 Policies Page 43 Goals & Strategies Page -14 Section 6 Transportation Page 48 Policies Page 48 Goals & Strategies Page 49 Section 7 Water Services Page 69 Policies Page 69 Goals & Strategies Page 59 Section 8 Wastewater Services Pope 62 Policies Page 62 Goals & Strategies Page 63 Section 9 Stormwater Drainage Page 85 Policies Page 65 Goals & Strategies Page 66 Section 10 Solid Waste Page e8 Policies Page 68 f 1,; < Goals & Strategies Page 68 r Section 11 Electric Page 70 Policies Page 70 Goats & Strategies Page 70 ( Section 12 Parks, Recreation & Open Space Page 72 Policies Page 72 Implications of the Growth Management Strategy Page 73 Goals & Strategies Paga 73 Section 13 Environmental Management Page 76 Policies Page 78 Goals & Strategies Page 77 Section 14 Urban Design Page 81 Policies Page 81 Urban Design Principles Page 82 Goals & Strategies Page 87 Section 15 Historic Preservation Page 93 Policies Page 93 Goals & Strategies Page 93 Section 16 The Street Page 95 Street Development Page 95 Utilities in the Street & Ageys Page 100 Street Aesthetics Page 102. Section 17 The Edge'' Page 104 General Policies Page 104 Specific Policies Page 105 Strategies Page 106 Section 18 Schools Needs Assessment Page 108 School Siting Guidelines Page 108 I Policies Page 110 Public School Goals & Strategies Page 111 Ii Section 19 Maintenance & Enforcement Page 1114 Policies Page 114 Goals & Strategies Page 114 Section 20 Public Involvement Page 117 Policies Page 117 Goals & Strategies Page 1111 Section 21 implementation Page 121 Land Use Pae 121 i Housing Pae 123 Economic Diversification Page 124 Transportation Page 125 Water Services Paga 127 Wastewater Services Page 128 Stormwater Drainage Page 129 Solid Waste Page 130 r Parks, Recreation, & Cpen Space Page 1131 Environmental Management Page 133 Urban Design Page 135 Historic Preservation Page 136 J 1 n The Street Page 137 The Edge Page 137 Schools Page 138 Maintenance & Enforcement Page 139 Public Involvement Page 139 Master Plan Implementation Page 140 Special Districts Page 140 Small Area Plan Development Page 140 Development Regulations, Plans & Issues Page 140 Annexation Plan & Strategy Page 141 Capital Improvements Program Page 141 Budgets, Bonds, & Impact Fees Page 141 Grants & Federal Funding Programs Page 141 General Government Public Facilities Master Plan Pae 141 Plan Performance Page 141 1 i ! Qf r ~ r Revised Section 1 inbnduction INSERT: Statement from the City Council INSERT: Statement from the City Manager 1. Statement of Purpose 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 fasting 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 benefrt the entire community. The plan describes the steps city government will take to protect public health and safety, to provide servlces efficiently and effectively, and to provide the quality of life that out citizens expect The plan expresses community sentiments and values for all to see, and Implementation success 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, 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 goats, and provide efficient and fiscally prudent services. The plan Incorporates the following purposes: • The plan is a statement of policy, addresbing the community's vision and goals. • The plan will be implemented by adopting zoning and land development regulations. • The plan Is long-range, expressing strategies that will shape the city for'wenty years and more. • 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. • "he plan guides evaluation of zoning and annexallon proposals. • The plan assists in budget setting and capital improvement priorities. The comprehensive plan wil! need to be updated within five to seven years, which Is the period of emphasis for Implementation. The plan Is not fixed and may be changed as more Information A becomes availabfe. The plan Is by no means the end of a process; N Is only a starting point r ! 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. EM+r oa~nnuU.¢•[TMCGMFgENfMfM prAN IEG1gXFWpIC YtlllgN idirl•t6N ✓1pNUaw G••ms«wN pyres Page t i ~a Revised Section 1 Introduction tr. - 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 grovRh, 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 slight 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..ousing, and good schoolq and parks. Homes of all types and sizes offer a choice of lifestyles. Neighborhood centers will contctn small shops and stores that are designed to harmonize with surrounding homes and provide oaily 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 bus!nesses and employers will prosper, j catering to customers' needs and promoting Demon's Image at the some time. There must be a 1 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. Tho downtown Is and always shall be the heart of Denton; the square and surrounding streets will be used every day and night as a pathcring 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 pedestriandrlend!y, with new streetscapes end Improved sidewalks connecting the square to both Eagle and University, encouraging sidewalk cafes, and other outdoor b0sinasses. 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 UNT, Texas Woman's University will also contribute to Demon'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 corrldor will achieve Its full potential as a dynainic and lively area, essential to the well being of the city. Working with city government and the 1 business community, the two universities will reehze their full potential as magnets for hlgh•toch and research-orlanted 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. I C'JM,(1pN WMMTWCOMFRIKNs"PLAN{ECTOCN51WORDARSION1Gih~p.}}NWr1NanMCarnpNMIMHMkt Pags2 0 Revised Section 1 hib uation r he Denton community will always committed to enriching the eves is cozens regardless of age, Income, or ethnic background through education, culture, recreation, and entertainment. Through the efforts of our schools and universities, 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 ;is outstanding public art, Its gatteries 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 aid entertainment activities that will also attract numerous visitors to our community. We need nature as much In the city as h the countryside. Our built environment cannot remain healthy without properly managed land, air and water resources; as we grow these resources will become even more precious. We can avoid the costs of thoughtlessness while 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 resources of incredible value, well worth our Initial Investment. Floodplains and creeks will emerge as greenway corridors that serve many needs, such as flood protection, recreation, tree preservat►on, 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 located a short distance from two International Airports. Denton is a regional partner within a major metropolitan area, and will share regional algnlficance with Dallas and Fort Worth, with each of the three cities being recognized as a county seal with a unique Identity. The ability to Interact within Denton Itself, with tho matropiex, or with the world is an asset that will continue to be useful In marketing Denton as a progressive, forward4ooking city with a'hometown" atmosphere. Denton can achieve what we want, growth that enhances rather than destroys the qualifies that 1 make Denton attractive, Denton will bequeath to future generations a dynamic, Interesting, and 11 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 will cause change, but the essential ingredients that make Denton unique today will be preserved and cultivated In the future. 1 C Or Ooonrni,~ME6ETHLOMCAfMENfN[►IAN SWONZWORb ANION lorrmlO-RA RYWOM Urwoo " PWAA Page3 Revised Section 2 Population Forecasts L_ 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 region, 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 slnce the 1960s, and sustained growth is expected. 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 traffic, and Alliance Airport, the Nation's first all-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 if expected to become urbanized; • The area within the city's current 3-'/, mile extraterritorial judsdlction (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 Slud Land Areas Acres -Square Mlles CI 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 li. 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 tie presence of major public 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 skilled labor pool for local employers. Denton County, the City of Denton, several f school districts, Denton Stale School, and the Federal Emergency Management Agency provide additional economic base. cwro~.~u~cnenr<aarwc~cNeerteuM~crbaavamvrn~aKrasr+o-xw~~aNCWVnWW»rw#A Page4 t, Revised Section 2 Populiation Forecasts y' Denton Is located to take advantage of metroptex growth a development a"fles. Because of regional development pattems, 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 metroplex 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 experiencing annual growth rates throughout the 19903 ranging from 10 percent to 30 percent. l11. ~ Holding Capacity Denton's current population density is approximately 1,220 people per 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 826 people per square mile. Using the I01•square mile urbanizing area as Demon's build-out land a pea, 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. These areas will probably be developed 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 average density of 2,250 people per square mile, less than the average for other meiroplex cities. Within the current city limits of about 61 square miles, th3 population estimate of the holding capacity Is 137,250 people. 1V, Population Estimates The population forecast estimates a 'most likely' population for the 276 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 86 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. I i /r +l , r ~ C Q0 Doe L64X8ETMC0MPMH1N3M RAl1 ~ECSdNlNdID ViA310N IDR~t6.1~M h+•'.nM CerpRaw,~M,lo! Pe0e6 r~ I Revised Section 2 Population Forecasts i Table 2.3 Denton Planning Area and City of Denton Foretaste of Additional Population and Land Area 1999 - 2020 5-Mlls ETJ Stud Area C (tv of Denton Annual Annual Study Area Density Year Percentage Numeric Area Population (sq. mils) ( Densitb) Growth Growth Population 1999 3.0% 1 850 87 930 75,300 61.7 1 220 2000 a r3. f ' 80 r?~~' 570 9;(X'4h7T&60 WA 62. Y "1261 2001 3,0% 2,680 93,280 70,890 64.0 1,248 2002 3.0% 2.760 96.060 2.280 66.0 1.247 2003 3.0% 2,840 98,070 $4.7601 88.0 11.246 2004 610% 4 880 103 910 88 990 70.0 11271, '.11005%; " 4 r 5 10 12; 298 1 2008 5.0% 5,380 114,570 98,110 74.0 1 328 2007 5.0% 6,660 120,290 - 103,020 76.0 ' 1.350 2008 5.0% 5,940 126.310 1081 TO 78.0 1 387 2009 5.0% 6 280 132.0201 113,680 80.0 1 420 010 ? •0 82, 2011 5.0% 6,880 148 220 125,220 84.0 1,491 2012 6.0% 7,200 153 530 131.480 88.0 1,529 2014 4.7% 7 700 168,9101 144.640 9010 1608 ( } 5'd I I., ZE4.69 8 9 642 2016 4.3% __L7=00- 184 310 157 640 94.0 1 676 2017 4.1% 7,700 192 010 164,000 98.0 1 708 2018 4.0% 7,700 199 710 170.560 98.0 1.740 2019 3.8% 7,700 207 410 177 040 100.0 1 770 2020 3.7%S U 7 700 4,' 216 10 83 6 101 812 1999 +145% +144% 84% +49% 2020 Source, The City of Denton Planning d Development Department, OcloW 1999 i CuyD~ W'A#CIETRC0MPF&KMMKMUCra*wamveKICN IDnnIaxNaw*"COWorr4renrec Pagea cRevised Section 3 Growth Management & Land Use 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 vls!on statement adopted by City Council In 1998 (See Section 1). !1. Key Vision & Growth Management Strategy Elements A. THE VISION CABINET A visioning effort, recently conducted over several years, sponsored by the City of Denton, Denooo Chamber of Comnwrce, Denton Independent School District, Denton Record-Chronicle, Texas Woman's University, United Way of Denton County, and the University of North Texas resulted In 'A Vision For Denton - the 21st Century' (See Section 1), I S. THE 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 glves It 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. Ouality, diversity and opportunity are the keys to future success. People with all kinds of different backgrounds Houses of all typas and sizes Neighborhood centers will contain small shops and stores that are designed to harmonize with surrounding 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 hear) of Denton Growing numbers of downtown residents will Increase the enorgy level of the downtown The UNIT - 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 city as In the owntryside, Our built environment cannot remain healthy without property managed land, air and water resources Lake Ray Roberts and the Elm Fork Nature Conservatory will prove to be resources of incredible value Floodplains and creeks will emerge as greenway corridors that serve many needs, C W, Oav~nh'1JCBEIMCONPR[N[NSM1f 1tAN WtCN3)W0M0 KNlgN 100MIMM PA140 M Cmp"" FW doe Page 7 I r, l I I , i Re sW Section 3 Growth 1M & 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 infrastructure should be promoted. b. The community should establish development rules that are clearly staled, administered efficiently, and enforced consistently. c. Land uses should be balanced to maintain a diverse economy and a well- proportioned tax bass. The city will provide opportunities for... a full array of land uses within the city. d. 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 property. e. Development guidelines 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. C The location, placement and design of public facilities should be used to create neighborhood activity centers. i g. Residential development that establishes a variety of lot sizes, dwelling types, and housing prices should be encouraged. h, The city should be designed to accommodate people along with automobiles, Transit, bicycle, and pedestrian linkages should serve dally transportation needs safely and conveniently, 1. Denton's ability to grow and expand should be Identified In the city's annexation strategy. 2. Specific Strategies • Quality of Growth Quality of growth will be strongly managed. r Quantity of Growth r Quantity of growth will be managed through adequate public facilities f / requirements and proactive planned extensions of service. a Location of Growth Location of growth will be strongly managed. C WY COWW*WAMCOM MNCNSM KIN UCTiONSMCNC VOWN WtIO44N ft-t" COIV",» P%ftAe Pago6 Revised Section 3 Growth Management r& Land Use • Tlming 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 southem city borders, provided development pays its own way, except where the city 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 r 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 septic 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 will vary based upon each { location's soils. 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 be established in a manner that locates the center of the neighborhood within a S-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 town homes or residential fiats above service oriented uses, Open space would be encouraged in neighborhood centers with park uses Including cenlral neighborhood 'greens` and floodplaln preservation. Civic uses such as fire stations, schools, libraries, and mass transportation nodes would ixd encouraged to be essential elements of neighborhood centers as lanu,narks that are a focus to the neighborhood. The mix of uses Identified to support each neighborhood may be developed to Incorporate shops on the ground floor and offices or residences on the upper floors. g Develop future residential within established residential areas Ina manner that t responds to the existing residential development with compatible land uses and patterns. Existing neighborhoods within the city are protected and preserved. C wyooe~r I KKTNCPMANCNCNlNt KAN J 7014tWVW HIII4N 100111M NI4A"Cwr0n0WV4PWON Page9 1 c Revised Section 3 Growth Management & Lana use The center o n i development would be In the downtown As c w ere preservation, restoration, redevelopment and Infill would be the focus. Also, it is recommended that the city consider creating university districts at LINT and TWU. These districts 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 impacts upon the city. J. Accommodate future commercial uses at key nodes throughout the of . 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 cells for activity car ler. 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 on the south side of town would be located at the City's ETJ along N 15 west, This center would probably develop after the first two activity centers and could support general office uses or activities supporting Alliance Airport. 1. Consider 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 nolse restrictions. These could include light 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. Locale 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. CNrp~%W11ItKOMMENCMUnnrastenanswa+ovusaH~airAo-tsnr.nwuwronn"h rwON Page 10 i i t I i I ROVhWd Section 3 Growth Mmm9ement & Land Use n. reserve the year flood panto provide a aquae drainage sys ems, w I e habi+?te preservation, Passive recreational uses trails systems. and buffers between Incompatible land uses. o. Evaluate the value and function of the natural environment vhthln the study area to Identify areas with unique ecological significance to suggest more site-specific plans. p, Consider the city's urban design objectives on a more slie•specific basis. Ill. Key Planning Principles During development of the Denton plan policies 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 sta'es that Denton Is a L!ty for all types of people and all types of uses, Participants throughout the plan process reiterated this principle. Denton is a city, and a city creates opportunities for all types of people and businesses. To accommodate all types of people, a city must allow ail 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 sustalnability 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 sys!?ms 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 Denton stated that they wish to live In a community that is sustainable on all levels. C. PRINCIPLE OF BALANQ 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 reflected In the ratio between residential and nonresidential uses and the relationships among res!:entlal and nonresidential land uses. The city must also be aware of the financial Implications of'ts land use plan. The citizens of Denton r ! asked that the city organize Its land to accommodate a balance of land uses. CWVO"T.uun;ncrncaaPq"NSrrtnwucra+~woncvtRaaxconaa»na«mMeow,n«w.PeIN Page ti e I i Revised Section 3 Growth Management « i & Land Use D. EBINCIPLE OF MAINTENANCE i 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. IV. Goals & Strategies Within the land use plan framework of neighborhood, community, and regional dassificstions 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: • The Downtown UniversRy Core District • Ray Roberts Lake • The Denton Municipal Airport • Industrial districts • Employment districts { • The city's undeveloped I00•year floodplaln area A summary of developed, undeveloped, and zoned land in the city follows: NEW TABLE #1 City of Denton 1995 Summa of Dove lo ed Land Uses Land Use Developed Percent of Percent of Area All Developed All Aram (Acres) Area In CRY Residential 6,679 60.8 19.6 Commercial 1,235 9.4 3.6 Industrial 1,167 8,8 3.4 Civic 4 086 30.9 12.0 Under Construction 17 0.0 0.0 Total 13,184 100 38.6 Developed Total R"6 8 61,2 Undeveloped Total 34,002 100 1 f , \ Area Source; North Central Texas Council of Governments, 1995 Land Uses t Cwy Dacm (MMKTW^VRENENY4 PLAN KCTi0WWOFWM"ON9DOVaxN%Aowm CvvW4 "PWm Ow Page 12 I t R Wsed Section 3 Growth Managernent t & Land Use NEW TABLE $2 City of Denton 1998 Summa of Zonln Classifications Zoning Area Percent Classification (Acres) of all Zoned Area I A ricultural A 14150 39.5 One famll Dwelli SF•18 1,076 3.0 One famil Dwells SF•13 8 0.0 One Family Dv elfin SF-10 2,042 5.7 OneFamily Dwelling SF•7 3,630 10.1 o Family (2F) 241 0.6 Multifamily Restricted MF-R 44 0.1 Multifamily Dwelling-1 (MF-1) 772 2,1 Multifamily ihvelling-2 (MF-2) 792 2.2 Parkin P 7 0.0 Office 0 158 0.4 Neighborhood Servloe {NS) 15 010 General Retail GR 433 1.2 Commercial C 1,646 4.3 Central Business CB 64 0.1 Light Industrial (L1) 4,448 12.4 Heavy Industrial HI 117 0.3 Planned Development PD 6,209 17.3 Total 35,742 100 Source: City of Denton CIS Zoning Coverage, October 1998 A. RESIDENTIAL LAND USES 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 all housing units In Denton and used 82 percent of all rosidenlially developed land, with an average density of 2.3 units per acre, ranging from multiple•scre properties to 6 to 8 units per acre. Multifamily residences co.pdW 45 percent of all housing units In Denton in 1998 and used 8 percent of all residontlaily developed land, with an avorage dens!ty of 24.8 unitb per acre and a range of 8 to 50 units per sore, I r 4 l cuyo ueceEixxurae~HUnruNUeraNnwormv1K5*Nf tlmsftfto~awCW**wwrr,eK Page 13 II L RleWsed SecUm 3 Growth Nlana~erne~~t & Land Use A summary a res enua y developed n uses, an zoned land 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 Housing Units Developed Acre Sin le-Fami 5,504 14,387 2.61 Multi-Family 547 13,476 24,64 Other Residential 628 2,323 3.70 Total Resldantial 6,679 30,186 4.52 Source: North Central Texas Council of Governments, 1995 Land Use North Central Texas Council of Governments, 1998 Current Housing Estimates Srg(e Fa means ono-family detached unit and duplexes. urrr MuPJ-FamtfV means structures with three or rare separate units such as apartments, townhouses and condominiums. Other Resfdenfta! Includes mob le homes Inside mobile home parks and free standing units outside parks. Also includes group quarters or nursing homes, orphanages, college dormitories, Jail, military base personnel quarters. NEW TABLE N4 City of Denton 1995 Developed Residential Land Uses As a Percent of All Developed Land Type of Residential Area Percent of Land Use Developed Acres All Davatopod Area Sln IeFami 6,504 41.7 Multi-Family 647 4.1 Other Residential 628 4.7 Total Residential 6,679 50.8 Developed Area All 13,184 100 Developed Area Source: North Central Texas Council of Governments, 1995 Land Use North Central Texas Council of Governments, 1996 Current Housing Estimates rd (,f'- CADoc-,ftcecnec0WOt[KN7A rwsecnow,w;rmvwro+nonrro-xux.uore~w+rwNMrAn Page 14 Revised Section 3 Growth Management & Land Use NEW TABLE 115 City of Denton 1998 Resldenttal Zoning Claselfications Zoning "Straight" PD Total Percent Classification Zoned Zoned Zoned Of All Area Area Area Zoned Acres Acres Acres and Agricultural A 14149.8 5.2 14155.0 39.6 One Family Dwelling SF-161,07-6-1 41.3 1,111.4 3.1 One Family Dwelling SF-13 7.8 25.3 33.1 0.0 f One Family Dwelling SF-10 2.042.3 385.4 2.427.7 6.7 ! One Farr!! Dwelling (SF-7 3629.7 1 053.5 4,683.2 13.1 One Family Dwelling Small 204.8 204.8 0.5 f` Two Family Dwelling 2F 240,7 122.6 363.3 1.0 Multifamily Restricted MF-R 44.3 267.7 31210 0.8 Multifamily Dwell! N-11 MF-1 -771.6 813.0 1684.6 4.4 Multifamily Dwelling-2 MF-2 - 792.3 792,3 2.2 Total Residential 22J54.6 2 918.8 25 673.4 71.8 Total Zoned Area 29 532.5 6 2D9.4 -35,741.91 100 r Source: City of Denton GIS Zon ng Coverage as of October 29, 1998 Notes: MF•2 Is the zoning classification used for land owned and developed by the University of North Texas and Texas Woman's University, including their golf courses. J 1. Primary Residential Land Use Principles 1 a. Promote a Diverse Housing 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, i b. Limit Sorawl The residential component of the land-use plan should guide development of housing patterns 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 , demanding high-quality devetopnment through establishing design and construction r. standards that are fair and evenly applied. J r 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 wlthIn industrial districts. C Wy Dawn WMCBETIPCOMPrtFHE"SM "SECTIDky,WD Vfk$q" EDRtIOQX" ft bnMC r*r*W A PW.OX Page 15 4 l t i PW sW Section 3 Growth Management & Land Use • Average residential densities will be the same as exists today. • There will continue to be a cltvwlde averaoe of 2.8 people per single-family residential unit and 1.8 people per multifamily unit. • The average citywide single-family lot 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-density development will be 2 acres, or more if required to support a septic system. NOTE: ReliremsM horNs, manufactured hones, group quarters, and other housing types were inckACh this calculation. • NOTE: Densities higher than the average 3 units per acre for single-family and the t: verage 14 units per acre for multifamily will not be allowed with new proposals until after adoption of the development code, Further definition of residential land use classifications that differ by type, density, and geographic location will be Included In the revised development code and cit)Ndde zoning map. Three evaluation criteria will be taken Into account to determine appropriate site- specific residential densities: • Design qt 31ity • 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 regulailon of residential density include the following points: a. Dense development can magnify negative Impacts if 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. A, , 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. c N~%JXKn0COYPMH1NVAKMsrcr10NsvaacVLft0[Drtn1016Ka.MbrMU"V*wnnsPW02 Page Is Revised Section 3 Growth (Management & Land Use e. Density Increases can be use advantageously to protector acquire lands at are environmentally sensitive or of significant value to the city. The recommended land use plan identifies the areas that will be treated as separate 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. Different regulatory options will be considered to facilitate the implementation of the stated of jective: to achieve a 60 percent single family - 40 percent multifamily ratio of residential development over the next twenty years. 9. Residential Neighborhood Distrlcls a. Existing Residentiallinfiil Com ibbti Within established residential areas, new development responds to existing development with compatible land uses, patterns, and design standards. The plan recommends that existing neighborhoods within the city be protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses Is allowed, b. Neighborhood CenlersfNew Netahborhoods ' r 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 orfanted Inwardly, focusing on the center of the neighborhood. These neighborhoods will exemplify the Inter-relationship between quality of development, density, services and provlsion 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. I Residential uses could occur at higher densities with townhomes or residential flats above service oriented uses. Open space would be enoouraged 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. c. 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 wi!I occur within the downtown university core, community mixed use centers, regional mixed-use center, and employment centers, Multistory uses C~rCa' b'JACSETHCOSrfRtNENSM"SECTIONSNORD VERSON EMS i S}LM WAi NCmvmfty"plan pa Page 17 I 1 I I ~ 1 i i Revised Section 3 Growth Management & Land Use may develop uses other an residential such as office. retail , a se uses. Uses may occur in separate structures but follow a pattem of development that focuses on the mlxed•use center. (See Urban Design) 4. Goals & Strategies a. Balance Accommodate balanced future residential developments: 1) between re 4dential and nonresidential land uses, and, 2) among the varlous types, styles and prices of housing. f) Goats Maintain about 50 percent of the developed land area within the city as residential land uses. Increase the percentage of owner-occupied housing to 60 percent by the year 2020. Revise the zoning regulations and consider requirements for a varfetyi 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 I In the zoning code to protect existing neighborhoods. b) For undeveloped land, take Into account loth minlmum residential lot size and density ranges that are oonsistenl with the principles and concepts of the growth management strategy and plan. c) Establish design standards for all housing according to housing type. d) Encourage a variety of housing styles, types and prices with large, newly developed neighborhoods. b. Meet psglected 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 accommodate projected demand. 1) Goal Accommodate 27,000 single-family homes and 18,000 multifamily units by the year to bring the ratio of single to multifamily housing from 61:49 In 1998 to 68:42 In 2020. 2) Strategies a) Establish land use plan density criteria for all housing according to the r A growth management strategy. b) Establish mixed-use development areas that allow housing In regional, community, and neighborhood centers and the Downtown University Core Disbict. cwro.u+wcurMCaMrn~MSNrruneccrant»owocnaKCOrtxraripawnwt„vw+wwr«eoe Page 18 t t Revised Section 3 Growth Management & Land use c. Location.Locallon.Locaton Increase housing opportunities In the core of the city. 1) Goals Accommodate urban-style-housing units In the university core area by 2020. Accommodate owner-occupied (condominiums, townhouses, duplexes and single-family detached) housing units Inside the loop (Loop 288,1-35 and I- 35E). Revise the development regulations and allow urban-style housing in mixed-use districts. 2) Strategles a) Define a downtown university core district and develop small area plans that Identify specific housing opportunities and goals. b) Establish a variable-rate Impact fee for water distribution and wastewater collection lines that encourages development in the center of the city, I c) 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. d) Encourage all new development to be contiguous to existing development e) Establish regulations that allow neighborhood-oriented, nonresidential land uses in neighborhood centers. f) 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 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 j and near jobs, schools, shopping, and cultural centers, Increase the number of housing units and achieve higher housing densities in the downtown f university core and urban centers. Enable the creation of moderate housing densities within neighborhood centers In a mlxed-use setting. 2) Strategies a) Allow high-density urban-style housing in appropriate areas within the downtown university core and other activity centers. b) Adopt minimum density standards In activity centers. c) Require adequate levels of service prior to residential development d) Determine the appropriate methods to prevent development In the 100- r ti year floodpla in, cw,Cocy WK@ETMCOMPnENEN$rYtPLANlEernwvoao~nta+ta+r+axnlwotq"C&V'*wW aPwdw Page 19 ' I I 1 I I ` 1 k k j i Revised Section 3 Growth Managernent r& Land Use E 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 on Investment for business and property owners, employment opportunities 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 #6 City of Denton 1995 Developed Commercial Land Uses Commerclal All Percent ofAfl De to d Area I Developed Area Developed Area - Acres "1,235 13,184 9.4 Source: North Central Texas Council of Governments, 1995 Land Use Definitions: ' Commerclal includes all office structures and retail buildings, such as department stores, repair shops, supermarkets and restaurants, as well as hotels and motets, NEW TABLE #7 City of Denton 1998 Commerclal Zoning Classifications Zoning Area Percent of Classification Acres All Zoned Land Office (O) 156.3 0.4 Neighborhood Service NS 14.9 0.0 General Retail (GR) 432.9 12 Commercial C 1,545.6 4.3 Central Business CB 54.5 0.1 Planned Developments 1,739.0 4.8 Total Commercial 3946.1 11.0 Total Zoned Area 35 741.9 100 Source: City of Denton GIS Zoning Coverage as of October 29, 1998 City of Denton Planning Dept.; Planned Development Summary; March 1998 1. Primary Commercial Land-Use Principles , r a, Maintaining 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. e 'M, D~ 18JACOUR"WIPIKSera run scenorn,wam VERY N ronaiaxos R.w> N w p,n~~ t. Page 20 i t I I i I Revised Section 3 Growth Management & Land Use b. tin Strip DeVelODMan One of the overall goals of the land use plan Is to limit the amount of strip commercial development along Denton's arterial streets, oollectors, and highways. C, Diemandina Ouality 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 sustalnability of structures. 2. Commercial Land-Use Classifications a. Regional Activity 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 Center 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, mid-size 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. Neighborhood Center Servloe~ The focus area of a neighborhood center contains facilities vital to the day-today 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 different uses may occur on each floor of the building. d. Downtown University Cora District The downtown university core district should be a place of great vitality, with a mix of educational, residential, retail, office, service, government, cultural, and entertainment development. The health and vitality of the area can contribute In a major way to the city, it's local and regional Image, and quality of life. It Is a place where residents can live, work, leam, and play In the same neighborhood. It includes { vertically integrated uses where differen; uses may occur on each floor of the building. C'Mr CbnY~en~MCBEtNCOMP RENENShE PUH SECigNSWOpp lEllygN FCMT~ip•76N Re.MgnM CoraMnMq Plan pet Page 2t 1 Revised Section 3 Growth Management & Land use 3. oa s Strategies a. Organize Commerclal Land Uses; f) Goals 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 s'res or highway strips. To develop activity centers where commercial uses, professional offices, and public facilities are located near residential development, while providing safe and convenient pedestrian access. To maintain, Intensify, and/or expand existing commercial areas, where appropriate, while removing commercial uses from, and stopping Intrusions Into, areas not appropriate for commercial use, To locate neighborhood-oriented, commercial activities conveniently to dwelling units in order to minimize the need for frequent automob le trips for everyday household needs. To encourage the location of day-care centers, housing, churches, soda? clubs, and other quaslpubiic 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 areas are developed, redeveloped, of expanded, the provision of multiple-use activity centers, as identified in the plan, is I 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. c) Commercial development occurs only in activity centers that are appropriate to its service and trade area and that are compatible with adjacent existing and proposed land uses and with existing and programmed public services and facilities. J) Service-commercial establishments locate In appropriate activity canters, rather than at haphazardly chosen locations that contribute to the formation of strip or spot commercial development. e) 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 Design Standards: r f) Goats ! A To provide for convenient, aesthetically pleasing, and environmentally sound oommercia? opportunities that are easily accessible to the existing transportation nelwork. To encourage and provide for the upgrading and maintenance of commercial corridors. To develop and maintaln a healthy, { vital downtown. (See Urban Design Section) F:JA, CauwiUEACEETMC0EIPNENEN9M PAN sErromTwmvvFts*N FDITF1O,*" IWADINl tmw*n"ArW pt Page 22 c Revised Section 3 Growth Management r& Land Use 2) S"tegles 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 wi'h surrounding streets and uses, where appropriate, by means of landscaping, berms, fencing, and the siting of structures. Facades, architectural screening (walls, fences, parapets, etc.) and a unified landscape treatment Is consistent and creates an Identifiable activity center. Q 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 thewuses 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. e) Buildings are designed to be compatible with the established character and built form, or with surrounding developmi c. Maintain a Diversity of La tarsLthe Community 1) Goals 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 servlce-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 will 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 population that will live within the center's market area. i A The analysis should also take Into consideration all other nearby existing or l 1 approved commercial uses and the possibility of overlapping service areas. CO wDaa Is'JACOFTKCOOAPRENEMSPA" 5ECT*N3) oravt AWN JWVIOo-M" F VWk C&V*Wem, rw,mM Page 23 Revised Section 3 Gm wth Management & Land Use N E 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 boon 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. Internal existing Infrastructure varies as well as directrindirect highway access, It is very Important that opportunities for publiclprfvate development partnerships be formed to Identify and encourage addressing specific infrastructure needs within the Industrial and employment centers. A recently completed land use Inventory i'ndicales that there are approximately 1,167 acres of developed 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 follows: NEW TABLE #8 City of Denton 1995 Devaloped industrial Land Uses Industrial All Percent of Developed Developed All Developed Area Area Area Acres 1,167 13,184 8.8 Source: North Central Texas Council of Governments, 1995 Land Use Definitions: Mclustnal Includes manufacturing plants, wareh^oses, office showrooms, etc. NEW TABLE #9 City of Denton 1998 industrial Zoning Classifications Zoning Area Percent of Classification Acres All Zoned Land Light IndUstriai LI 4,448.6 12.4 r A Heavy Industrial (Hq 118.5 0.3 r E Planned Developments 532.7 1.4 Total Commercial 51097.7 14.2 Total Zoned Area 35 741.9 100 Source: City of Denton GIS Zoning Coverage as of OdaAr 29.1998 City of Denton, Planned Development Summary, Match 1998 i C ulr0oomv4WOETRCOMPRENENSIVE PLAN 5ECTONZWORb VERSaN EMP,476KM1rmN CoTpM.r~Rrt.Eu Page 1.4 c I I~ Revised Section 3 Growth Management t& Land use u e: ann eve opmen a a c ass x:a ion o siness ar at allowed commercial and Industrial uses. for 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 that 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 Industry within Denton is its location. The land use plan focuses on designated locations for certain types of Industrial 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 compatibility within the centers and surrounding land uses. 1. Primary Industrial Land Use Principles a. Q,ganizino So Minimize Conflicts it Is the desire of the residents of Denton to organize industrial and employment land use districts so as to minimize conflicts with adjeining land uses and to most efflcfenty utilize the existing transportation systems, b. Developing Performance Standards 1 Just as the quality of oommercfal 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 i 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 varlet' of workplaces, including limited 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, convenience shopping, and child-care. h Additionally, employment centers are intended to: i ! e Encourage the development of offlce and business workplaces in close proximity to housing, civic, and recreational uses; Promote excellence in the design and construction of buildings, outdoor spaces, transportation facilities, and streetseapes; C W10oamenYJ/CBEfMLOMFRENENSrIE►UN4ECTi0NS1MJRE KNSgN EdTl~14ME9 RsNYm,U CaplNwl iYn.7a Page 26 t I M s Revised Section 3 Growth Management Land Use • Direct the development of workplaces consistent with the availability of facilities an public and services; and, • Continue the vitality and quality of life In adjacent neighborhoods. c. Industri:ij Uses IndustriO uses could be described as those engaged in the basic processing and manufacturing of materials or products predominataly frxn extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous conditions. Industrial woulc also Include those uses engaged in the cleaning of equipment or work processes involving solvents, solid waste or sanitary w?Ve transfer stations, recycling eslablishments, and transport terminals (tuck icnninals, public works yards, container storage). Industrial uses would be allowed in industrial centers as designated or. the land use plan. d. III Industrial Us38 Light Industrial uses could be described as those engaged In the manufacture, progrAnanlly from previously prepared materials, of finished products or parts, Including processing, fabrlcetion, 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 m~nufacturing, research and scientific laboratories, and similar uses. Light industrial u. es would not Include mining ar,l extracting Industries, petrochemical Industries, rut,ber iefining, primarymetal ai:d refaled 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 thejurr Ion of U.S. Interstate 35, Wast, and 35West, providing excellent transportation of goon, Trn Mexico to Canada. In addition, State Highway 380 esta►:iishes 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 boundarl, r, c. Southeast Industrial Center r!' This center Is located In the southeast portion of the city with Loop 288 providing the northwestern boundary and the abandoned railroad providing the southwestern boundary. CW,CUar,n~WC7ETMCOMPNEMENSNE KIN EECTgH;1M010 YEKwON4Mr~o-Snhwo,u CWW**w"rum lot Page 26 , ReVISW Section 3 Gnm th Managemervt - & Land Use d. NortHREEK950-en ter 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 Employment 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 i. Southwest Employment Center 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 Loop 288 Employment 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 Emolovmenl 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) Goal Whenover 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) Sfrr I4gy a) considerations should be given to businesses that are In line with economic diversification and environmental policy statements, b. Marketino Partnerships 1) Goal The economic development parlnershlp formed by the City of Denton and the Denton Chamber or commerce should work closely with property owners within each Industrial district to market land to businesses Identified as appropriate for each district, l q COY D~UJACeEnXOMPR[KN$%1 run ~etaanvAan vusaeiortritxna.,r~w c~w+wy,r n.,, e,e Page 27 k t t I ' E s c Revised Section 3 Gr+olwth N~15 agMa1 n1 8r, Lana use eg s 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. c) Encourage pubiiotprivate partnerships to stimulate location and expansion of businesses within the district. c. University Parinershios 1) Goal The University of North Texas, Texas Woman's University, and North Central Texas College should be considered a vita! part of the marketing program. 2. Sfrafegles a), Cho time to develop partnerships with the higher education institutions, focusingpn the development of research activities, training, and entepredeuriatopportunities. b) Assist the higher education institutions in creating links with private Industry. D. 91VIC LAND USE { Civic litre' uses are lands that are public or quasipublic In nature, Including but not limited to; e Lands owned and utilized by public agencies or governments for the public good; • Lands dedicated as parks, drainage facilities or open space; and, e Lands that are owned and operated In a quasipublic manner such as churches or private schools. Civic land uses represent 30.9 percent of the developod land in Denton, second only to residential developed area (50.8 percent) and three times the amount of commercial and industrial land. Transportation right-of-way Is second only to single-famlly 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. i cw,o~hACMNCOWMHEW4 KMUCTan WORDVLsoeEOrMIO-xnkA~kCVW**VAPW « Pege28 r Revised Section 3 Growth Management $ Land Use summary o developed civic lanfollows: NEW TABLE 010 City of Denton 1995 Developed Civic Land Uses Type of Civ1c Area Percent of All Land Use Developed Developed Acres Land institutional 1,062 1 8.0 Infrastructure 1,8381 13.9 Dedicated 11,060 8.0 Water 126 0.3 Total Civic 4 088 30.9 Source: North Cantrat TeKas Council of Governments, 1995 Land Use j Derinltionsr Institutions Includes uses such as churches, government facilities, museums, schools, hospitals, medical clinics, libraries, and military bases, It*aslacturs includes all roads, airports, (Including terminals and runways, railroads, radio and television communication stations, truck termhals, sewage treatment and power plants, power line easements, pump stations, water treatment plants, and water systems, etc, Dedicated Land includes all public and private parks, golf courses, cemetarles, 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. kWiti8f includes 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 rights-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 landmarks. 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 facititJos and most efficient use of land. Civic land uses can be used to prevent strip commercial development along the 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 r' 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 eommuni'y and are the most significant eoonomic engine in Denton. Individually, each entity owns land 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, c uy DM~1juce TKC1DWracncHM PLAN SWannxoa VE"'Or+ EO TV0,&a bA56)N CoW v" PW ex Page 20 Revised Section 3 Growth Management $ Land Use 2. Impact on Tax ease The tax base of the community has historically been thought of as "taxable property", but since the advent of the additional A 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 Inslitubonal 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 end 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 uponthe Investment of employees in their housing and the Investment of community corYy?rdal entities seeking to capture the exponditures 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 Adequate Public Facii_!ies 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, Including the city's corridors themselves, can be enhanced to distinguish and encourage the beautification of the non-civic land uses along these corridors. E. MUNICIPAL FACILITIES ! R, , 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 fife for residents. These facilities can be centralized or decentralized and they are managed based on performance standards related to C,MW) ~1ajXKTmC0#ArFtp9A3&jPLANKCT0g;iW0novEAS0Nconn+axp w.aww.~rwao~ Page 30 1 i f I i i r l Revised Section 3 Growth Management & Land Use growth, new development, service standards, an convenience. The development an Implementation of goals and policies helps the city to ensure public faciiities 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 facilities Include a vast number of local government buildings, facilities, and places, Including: • Streets • Utilities • Police facilities Fire facilities a Parks and recreation facilities Libraries a Airport General government facilities such as the service center, city hall, city hall east, and city hall west In addition, other levels of government maintain comparable public facilities. Denton Count maintains its general government, courts and Jail facilities. The State of Texas maintains many general 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. Are stations, schools, and even some pollee facilities are located in many different areas. 2. Goals & Strategies a. Adeouate Public Facilities l 1) 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 i Investment in civic facilities. i b) Combine civic uses for most efficient use of resources -for example, the location of city parks adjacent to school facilities, cutioa.MU~ce~nrca+raccH~NCKMKcr*W* AM ONCaroar.Ma*MPICWr W*""M ex Page 31 c I Revised Section 3 Growth Managr~rnent & land Use b. Reolonal Center At:Uvitqes 1) Goat To organize civic land uses Into regional activity centers. 2) Strategies 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 Center AcMfies f) Goat To organize civic land uses Into community activity centers. 2) Strategles a) locate middle schools within or adjacent to community actrvity centers. b) Churches, service clubs, and other quaslpublie uses are encouraged to locate within appropriate activity centers, to help establish these areas as focal points and to provide for the sharing or parking and other facilities. + c. Neighborhood Center Activities 1) Goal To organize civic land uses Into neighborhood centers, 2) Strategy a) Locate elementary schools within or adjacent to neighborhood centers. d, Landmarks 1) Goat To develop civic landmarks. 2) Strategies a) Provide a budget for exemplary architectural details when constructing community fatuities. b) Develop civic landmarks that lead by example, r i e. Leading Develmnent 0 ~ f 1) Goal To utilize civic land uses to lead and guide other development, cury cav,r,~VAC6FiHLOMPRENENINtPLAN EECTgN6NUI1D N1l6gNIMrIP7~p MMipW Corp MrW~lyrt,y,t Page 32 Revised Section 3 Gmwvth Management & Lana use Strategies 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 I 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 i issues should be used. r 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 B The Ray Roberts Lake District • The Denton Municipal Airport Area • The unueveloped 140-year fioodplains 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 i I potential to achieve the cohesiveness of a city rather than a collection of Individual i 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 comprehensive 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, Denton's Image is strongly Influenced by its universities, and efforts should be made to enha,ice 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 ' 2001 proposal, the city allocated funds to begin the connectivity process. Street and landscape improvements are being designed to improve downtown and begin the creation of an "arts corrldor" 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, spacial mixed-uses, density, and the creation of 0 JAr Davrnl~ lAOBFTMCOMPREMENBf~E RAN kCT1CN$4WORO JER91ON EDITJitbri9l R.,MMN C" *Wm RYn do Page 33 r Revised Section 3 Growth Management & Land Use tax Increment financing or other special Improvement districts. C~ns erabon o a stor c district for downtown and conservation districts in such areas as Congress and EIWLocust should be Investigated. Small area plans should be used to delineate special needs areas within the district. 2. The Ray Roberts Lake District Perhaps the greatest environmental, economic, and recreation asset of the city, 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 cities of Dallas and Denton. Balancing these 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. 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 outdoor 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 wa4ershed 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 surface area, 19,216 acres of recreation and wildlife management area are associated with the lake. The authorized purposes of the lake are water supply for Dallas and Denton, recreation (specifically parks, boat ramps, camping sites, and trails), and fish and wildlife conservation and erwancernent. 3. The Denton Municipal Airport t The economy plays a major role in the health and vitality of the aviation industry and is reflected In the amount of hangar and buslnes3 development at municipal airports throughout the nation. Aviation development at the Denton Municipal Airport was nearly nonexistent during the 1980s - a low point In the nation'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 [)!vision, 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 Among the most dominant physical features of the planning area are the fioodplain areas of Clear Creek, Cooper Creek, Pecan Creek and Hickory Creek, within the planning area, these floodplains encompass 65 square miles, or nearly a fourth of the entire land area, Only about 5 percent of the fioodplaln area within the planning atea have been reclaimed by C Wy Dotim WMCBETMOOMPAE HE NVA MAN $ECTgNaVrW YTKM EWSIC-X" KrAW dl CainrMrrgrw PYn." Page 34 J~~ G Revised Secdon 3 Growth 1W ~M1a9@11~eflt ~ r& Lam Use development about peroen a the floodplain area remains In undeveloped, nature condition. The undeveloped lloodplain areas represent a unique opportunity to preserve an Important natural feature of the community while meeting significant community goals. Preservation of floodplain offers these benefits: a 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 a Provides vital open space for recreation opportunities • Provides important corridors for pedestrian and bicycle trails [inking neighborhoods together • Enhances values of adjoining property • Creates a'green` Identity for Denton _ i Regulations that preserve to the maximum extent possible these floodii areas in their natural ' condition should be developed and implemented through the zoning and land development codes of the city. 1 "0;. a 1 cutiow. u~ w~Rcowerct*"*MVER"W V*44-Hwro,wCWWOW*wF 69 Page 35 j 1 r. Revised Section 4 Housing ' 1. MUoducdon Housing Is the predominant land use In Denton, Housing and residential land use Is one of the most Important factors consktered In the comprehensive plan. Housing is important, not only in k its own right, but also because it strongly Influences the size of the population and its balance of demographlc factors, such as household size, age, and Income. Housing has different meanings to different people, Some people envision a farm with acreage, white others think of an apartment on the square. Home ownership continues to be an Important clement of the American dream. Housing Construction and land costs have made this goal c',nany 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 moderate- Income households Is becoming more and more rare. Because of their polentiaily 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 comprehersive 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 Mere families thrive and children go to school and play. Neighborhoods face challenges as well. Low-income and minority neighborhoods seed revitalization assistance. Other nelghborhoods feel overwhelmed by traffic congestion and i development that outstrips the city's ability to provide schools and other services. An Increasing body of knowledge indicates that large-tot, single-use neighborhood subdivisions contribute to urban sprawl, causing city infrastructure systems to be stressed and inefficient When services are Inefficiently provided, tax dollars era 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 subdivision 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. 11, Policies The city adopted the following housing-related poiicles In 1996: A. HOUSING POLICIES 1. Alternative types of housing that respond to the differirx, economic and indivfdual life- styles of Denton's citizens that should be developed In all areas of the city to achieve balance and diversity. C Wy Oxvm %*KMETWAMPPENENINI KMMCr*N*MPW VFKJON IWS*aW FWY MC*Tvo ~ PWOW Page 36 f t i Revised Section 4 Housing 2. Homes that vary in lot size, building size, and cost may be permitted In new development. 3. Existing housing stock, particularly for affordable 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 qualify expectations should not be relaxed in order to meet 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 undertaken only if benefits 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 compacturban patterns. S. The range of housing types available for the specialized needs of the elderly, disabled, low-income, students, single-person, or female-headed households should be acknowledged as part of a strategy to diversify the city's nelghborhoods. 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, ( i and bicycle systems. B. NEIGHBORHOOD POLICIES 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 mlxed-use \ projects for undeveloped property, Including the mitigatlon of any potentlal adverse Impacts on exasting neighborhoods. 3, Existing neighborhoods should be protected and preserved. 4. Bicycle and pedestrian traffic within and between neighborhoods should be encouraged to promote public safety and reduce vehicle use. 5. Discussions should be Initiated to determine how neighborhoods can be designed to promote social contact and civic responsibility. The mobility-impaired citizens of the city, including the elderly, young and disabled, should be crovAed 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 cw,o«nvacesrMCOMVnEHSNSrtrun:xsawsw~u~usanrsnnaaswawowcaroM.w.w,aoe Page 37 C. la Revised Section 4 Housing Interests are not sacrinceid or the Interests o a single ne bo he City o Denton will designate a'single point of contact" staff Poison to provide Information and support to neighborhood groups. Existing Situation Denton's single-family frames corns In many styles, sizes, and ages. In the much-admired, histcAc core of the community, older bungalows and larger estate-style homes exist side-by- slde. Many dwellings In the older pal 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 residenoe on the property. Ths University of North Texas and Texas Woman's University play a significant rote In the demand for housing in the city. Because of a relatively young, trsnsfent, and very mobile university-reiated population, Denton has a greater percentage of multifamily dwelling units that any other community in the Dallas Fort Worth metroplex. There Is a wide variety of rental multifamily housing types, ranging from duplexes toJarge apartment compleKes that offer many amenities, such as ciubhaisos, pools, and security, Denton's existing housing situation 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 metroplex 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 Donlon choose to live in outiying 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 subdivisions and neighborhoods that have similar characteristics. The nearly equal mix of single- and multifamliy housing in Dorton produces household characteristics that are very unusual, Denton has an unusualy large number of households that have only one or two people, resulting in an average household size of 2.3 persons per household which Is aboat 20 percent less than the average elsewhere In the region. CM11o~roweunewWftHINMPLAMUCTO"W VIRIONrarrniaxN C*W*4V"PWft Page 38 i i c Revised Section 4 HouWng Table 4.1 Denton Planning Area and Denton Urbanizing Area Estimates of Population and Required Housing Units 1999.2020 FAres Denton Urbanizing Ares 1999 Population Estimate 930 80 220 1999 Area (Square Miles) 275 71 1999 Po ulation er uare Mile 320 1 130 2020 Po ulatlon Estimate 110 1-83-19--50- 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% Char: a In Sin le-Famil Population 94100 75,210 Change In Multi-Family P ulation 33,080 33,080 Required Sin le-Famil Units 33 600 8596 21,860 59% Required Multi-Family Units 18 400 3590 18,400 4196 ''``''Source: City or Denton, REI Population Forecast, 1999 L]C.e.~ Issues A. GENERAL HOUSING ISSUES Housing and residential land use Issues Include the following: • Neighborhood protection • Housing density • Walkable neighborhoods and convenient nelghh.,rhood services Housing affordability • Housing accessibility • Sprawl and inefficlent provision of urban services • Manufactured housing siting B. ROLL: 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 hous ng has been perceived as having a negative Impact on the property value of nearby single-famlly 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 multifamily-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. CIO, m.n,uceerMtoMw~HC~e~ruwsctTa«nwo•o~uea~OrtIQo-Wwan•eweeve""rw,e« Page 39 i wised Section 4 Housing C. The historic downtown area of Denton otters unique opportunities for housing a growing segment of the community; small, non-family households for those who want to live near where they work, play, or go to school. Tea area generally bounded by Carroll Boulevard, Eagle Drive, Sell 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 is occurring at a very small scale. Housing units are being created above stores a few units at a timo. The Pecan Place senior housing project Is the largest recent downtown housing project. High-density, urban-style housing should be encouraged In the downtown area through mixed- use types of projects. The city can do this by: o Offering convenient transit service connecting to universities, job centers, and shopping areas • Providing streets with safe, pleasant pedestrian connections from downtown to both j universities • Keeping major city InslituAons such as the 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; E • 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, a More disposable Income would be captured in the city. University students live In unique households with unique transportation demands. The demographics of unlversity•oriented households tend to be either small households or larger households made up of several unrelated Individuals. As a 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. D. VARIETY OF HOUSING IN NEW NEIGHBORHOODS One of the adopted policies related to housing is to encourage 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 twoparent, two-child family, or an empty-nester household or a widowed grandparent. The current zoning ordinance CV,D a WAOceerroeOW4KHEroNIftm ECrausvaro~araHraro+axaps~04C&"V#~ W e Page 40 f I i Revised Section 4 Mousing and prevailing development pattems o en cause amllles to move from one neighborhood to another as their housing needs change. Traditional neighborhood mlxed-use development encourages a variety of housing types within a new development. Types of houslnp t~,al may be considered In traditional neighborhood or mixed-use neighborhood development 'ude; a Standard lot single-far '.i, detached dwellings a Small lot single-family detached dwellings a Accessory dwelling units a Two-family dwellings s Sing to-family attached dweIiings a Mixed-use dwelling units a Small multifamily dwellings E. ATTAINABLE HOUSING Housing In Denton must be attainable to those who work or attend school In Denton and want to Ilve jn Denton. Attainable housing Is housing that is available, aooessible, and affordable, , 1. Availability" The demand for housing In Denton Is currently very high retative to its supply. This Is true for university student housing, new types of housing for changing household characteristics, anc conventional single-family housing. 2, Accessibility In general, housing in Denton Is becoming less accessible to jobs, shopping, schools, and other activities, New single-family residential subdivisions are often located on the fringe of the community, Isolated from work places, stores, and schools that are centrally located, Ire - fill residential development that Is accessibte to other community (acuities and activities should be encouraged. In the downtown university cores area and community and regional activity centers, some types cf housing can be encouraged In close proximity to other activities. 3, Affordability Housing demand has led'o,-spidly increasing housing prices. This pressure lends 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. Y. Goals & Strafegles A. ENCOURAGE AFFORDABLE HOUSING ' 1, Goal + One of the housing component goals Is to encourage the development and preservation of affordable housing for low- and moderate-Income households. Housing must be made i curw~.~r.+ce[nrcowoaHa4rutiactawvNnoKwanEarnaxeti~awtaro~awwrwaa Pape 41 I r, Revised Section 4 Housing - available a affordable or those who work In the city. Work with agen e-Ic to Increase owner-occupied affordable housing, 2. Strategies a. Add housing units at the same rate of growth as that of job growth. 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-occupled. 0. CONSERVE EXISTING HOUSING STOCK 1. Goal One of the best ways to assure that some affordable housing remains available for those with k v and moderate Incomes Is to maintain the existing housing stock In good condition. As ni:•d housing Is created, households move-up, leaving behind an existing housing unit that Is usually available at less cost than new housing. 2. Strategies a. Allocate up to 60 percent of community development block grant (CDBG) funds annually to housing assistance programs for low. and moderate-income households. l r C. ENCOURAGE ATTAINABILITY 1. Goal Attainability Is the confluence of availability, accessibility, and offoi.fabllity. The housing needs of the existing and projected population must be met. 1 2. Strategies a. Use Incentives, bonuses, and public-private partnerships to develop housing for low- and moderate-Income households In areas eccessible to jobs, education. and civic facilities. b. Structure an impact fee for new development to discourage sprawl and the long 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. r re Vy oa. M e ucun~ awoa anxh PUN ~craimwoimva~ OarniaMM ftAWw CWWV.wA Am dw Page 42 i r I t, Revised Section 5 Economic Diversification In the broadest sense, economic development refers to the changes In an economy over 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 more stable and resilient economy, which provides high-quality jobs In businesses acceptable to Denton. Diverse and developed economies are characterized by many different types of Industries and 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 resburoe demands, quality of the loceW (Inside or cutslde of the city), and quality-of-life prospects. All are important In determining strengths and weaknesses of a healthy business climate. Policles 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. B. Local business ownership and small business aeation 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 cost/benefit 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 oommunity 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. Prioritymaybe given to basic industries that are clean and that will make a significant contribution to Denton's employment or Its lax base. E. Consideration of site planning, urban design, or neighborhood compatibility objectives will be included In the eligibility requirements for business retention, expanslon, or recruitment Incentives. C M, D« M. v KOtTH XMPR1HFN3N1 ruH KMart O KReau rnrtaraxn r. nwu~ earo Pw ft Page 43 t I i I Revised Section 5 Economic j Divtersif imation u. Goals and Sirstegles A. EMPLOYMENT OPPORTUNITY 1, Goal The city should encourage a strong, diversified, and self-sustaining economy, creating a wide range of employment opportunities, enhancing focal ownership opportunities, and expanding the tax base. 2. Strategies a. Sustain and support business development soUvities to retain, expand, and recruit businesses. b. Encourage Investment In the development, redevelopment, rehabilitation, and adaptlve reuse of land and buildings for employment opportunities. c. Support community-based economic development Initiatives consistent with thls comprehensive plan and compatible with neighborhood livability. d. Promote and enhance the special character and identify of designated commerclal areas. e. Promote a business environment within designated industrial areas that Is conduclve to the formation, retention, and expansion of Industrial businesses. f, Promote a variety of efficient, rare, 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 eoonomlc diversification priorities. 2. Strategies a. Fostera positive entrepreneurial environment for business Incubation and small business growth, b. Encourage development of university-related efforts into Independent entrepreneurial spin-off businesses. A c, Seek ways to assist clusters of related businesses to collaborate more closely with f one another and to market themselves as magnets for capital, research talent and high- skill manufacturing jobs. i cwra~ na~cacrrocoiraNCnaHnur~crarmwor~~~aonEannaxMMwnaevawrwrw,eoe Page 44 t I Revised Section 5 Economic Diviersilication d, Support the retention of existing business and major Institution base. e. Support Denlon's artists, art organizations, and Institutions because of their significant contributions to the city's healthy business climate, their role In creating a cultural environment that attracts high-wage employers to the region, and the substantial teneGls they provide to residents. EI f. Promote close working relationships between financial 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 oosl of borrowing or to assist small business growth through Increased access to capital. g. Where appmprlate, support efforts to assist small business through technical assistance for business start-up and expansion. h. Seek ways to improve the enviraunent for small bc-lnesses to thrive in Denton where consistent with the goals and policies of the plan. C. WORKFORCE 1. (coal To ensure a skilled, diversified workforce for existing and future employers, the city will encourage employers, employee organizations, and education and training insUtutions and agencies to provide training and retraining opportuniUes to Denton citizens. 2. Strategles 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 oompetency-based education and training prograns for Denton community members that are targeted to the needs of business, This may include vocational [raining programs, apprenbeeshlp programs, entrepreneurial skills training, customized on-site training, and technical and vocallonai 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 Engllsh-es-Second Language (ESL) programs to help overcome literauy and language barriers to employability. d. Work closely with school district: to Identify and achieve basic competencies needed A by young people who enter the workforce upon graduation. e, Offer apprenticeship and other wAplace leaming opportunities with the City of Denton and Denton industries. e M a~w~a~ncecTHeaao~ rcHSrrt run ucrawrnaro Vsnsan eona,a~ w a wo& e"re" nr sae Page 45 Revised Section 5 Economic ' Diversification D. DEVELOPMENT INCENTIVES 1. Goal Development Incentives should be considered to encourage Industries and businesses to expand or locale within the city. 2. Strategies a. Site planning, urban design, and neighborhood compatibility objectives will be included in the eligibility requirements for business retention, expansion, or recruitment Incentives. Incentives should be considered only when proposed development Is consistent with community plans. Development Incentives should focus on businesses that; a Provide higher-than-average wage levels; a Bring new capital into the economy; • Have good future growth prospects; a Involve a cluster of businesses engaging in similar activities; - L. . • Use quality environmental practices; • rlversify the economic base; and, • Keep their workforce In Denton. b, incentive agreements will require businesses to meet specific thresholds of performance standards In order to receive benefits (e.g , capital Investment, employment, and payroll). E. INDUSTRY RECRUITMENT i 1 To diversify the existing tax base, economic development programs will focus Industry recrultment and marketing efforts on businesses that are compatible with community, workforce, and economic development goals. 1. Goal Recruitment activities should be defined In a targeted marketing plan. Strategies should 1 focus on Identified markets, As conditions within 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 local school districts to develop customized training programs as part of a marketing strategy. b. Target those Industries that require an educated vorkforce. Match existing degree r' programs at UNT, TWU, and NCTC to businesses that require a significant workforce In these folds. l twyDavr b14 I[ThYAMPNEMWM""CT,ONrWOF40VEASON1047 O-M" fto*NCep*wMPWOK Pape46 e 0 Revised Section 5 Economic i DIM -ilicAtlon c. Foster a positive envIronmenl for international trade, d. Recognize and support environmental conservation and enhancement ac6'viUes for their contributions to the beat economy and quality of life for residents, workers, and ecosystems of the city. e. Encourage new commercial businesses to locate In established commerclaVndxed 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 dlversity of employment opportuniUes. g. Promote pubilc/private partnerships for the developmenlof Infrastructure l foster economic development. h. Seek ways to assist related technology-oiented businesses to locate In closa proximity to one anuther and nest research insUtutlons. Promote Um developmerk(of tedWogy by connecting research Institutions, hospitals, and mentifectu"'emp4es.. (try 1, COY Aa+wrrc+a»rca~rrtE wrrtwwwcraennorootuawraTn+oxw raw r4wr rrn,sx Pago4? 1 t Revised Section 6 Transportation As the binding force of the city, Denton provides and maintains transportation, water, wastewater, solid waste, slormwaler drainage and electrical Infrastructure system services. This section detalis 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 ocordlnates 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. f Porkies A. Denton shall use access management practices to make the investment In the roadway Infrastructure as cost Ocient as possible. These practices Include placement of curb cuts, median opening spacing, and parallel access roads (public and private). B. Residential'streets shall be designed to Include traffic calming practices that promote the use of collectors and arterials for trips that are rot locally oriented. C. The transportation network shall be designed to optimize emergency routes for police and I fire operations and 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 (NCTC00), 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 arterlals 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 parallel access roads. Loop 288 between US 389 and IH 35 East shall be upgradod in this way to the extent possible. 0. Major arterials are Intended to carry traffic across town and between major Intensity centers. These facilities shall be divided by landscaped medians. Minor arterlals 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. 1 K A transportation lobbying campaign should be conducted to ensure particlration In federal, state, and regional infrastructure funding decisions. Local funding partic,pation In priority projects should be considered for inclusion In the city's capital Improvement program. cure«,.+»,uMCeErMCOMPA9N9%MJ Nnrcr1Qarra+ev4esan1arniaxnaw HC4rW.n~,*n,mft Page 48 j c f Revh;e f Section 6 7Yansporbition 1. The public transportation cystem shall provide services to all ci ens at a reasonable oost, using routes that maximize service delivery and that meet the needs of the mobility Impaired, The system shall be oompal ble with eventual connection to regional systems such as Dart, the `T", DFW Alrport, and other future systems, J. The Denton trails plan should be adopted and the network of tklewelks, bike trails, and greenbelt paths should be Included In the CIF for funding. Developers shall aid this network by dedicating e.ghts-0f-way and constructing portions of the network across their properties. Linkages to dally destinations that serve daily needs should be emphasized to reduce use of automobiles. K. The Denton Airport shall be a key component in the mull!-modal transportation system. Denton Municipal Airport Is effectively located to optimize the movement of goods and servlces throughout the ielroplax. L. The city will promote the use of roadways parallel to and outside the limits of the 100-year fioodplains to provide a natural riparian environment by establishing green space between the road wed the foodplain. 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. 11. Goals and Sfrategles A. ENVIRONMENTAL STEWARDSHIP Increased trips by motor vehicles, Increased travel time, congestion, end 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 transportation element are key to reducing transportation-related environmental impacts. These reduce single-oc xtpanl vehicle (SOV) use, support transit, and encourage walking and bicycling. In addition, the strategies below address specific air, water, and nolso environmental Impacts. 1. Goal Reduce and mitigate air, water, and noise pollution from motor vehlcles. 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 cor.alsto^t with r noise reduction, alt quality, and water juality objectives. lV c. Encourage travel demand management (TOM) Initiatives Including but not limited to park-and-ride sites, adjustments to work tchedules, ride-sharing Initiatives, and Improved blcyclelpedestdan facilities. C 41N N . 1616 11ETWXQM HINS%% KM IEC11pNl+VpIp 1411lgN ipTrlaxM RZ40 nl/ CV V *Wt" PW dCC Page 49 { C ReOs W Section 6 7Yansportati0tf d. Continue air-quality mitigation procedures as recommended by the North Central Texas Council of Governments (NCTCOG). B. CHANGING 8 MANAGING TRAVEL DEMAND 3 TRAVEL BEHAVIOR To slow the trend of Increasing single-occupant vehicle (SOV) use, the city must provide alternatives and must change the way people thlnk about and act upon travel choices, Transportation alternatives to the SOV should respond to people's needs for mobility, privacy, comfort, safety, and convenience. The city recognizes that transportation needs and travel choices will change over time as alternatives to SOV travel become more viable. i 1, Goals Meet the current and future mobility needs of residents, businesses, and visitors with a balanced transportation system. Provide a range or 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 bansit systems 2. Strategies a. Educate the public, especially youth, about the Individual and societal benefits of alternatives to SOV's. Enoourage Incentives and support efforts to Induce future generations to become regular users of transit and nonmotorized modes of travel. b. InItil to 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 ava !able. Inform those who now commute by single-occupant vehicle about the economic, societal, and environmental costs of their choices Support federal, 4 state, and other efforts that Increase the single-occupant vehicle drivers share of the true cost of SOV use, c. Support and promote commuter trip reduction (CTR) programs, telecommuting, electronic communications, varlable workweeks, and flex-time Travel demand management (TDM) strategies to reduce the nurrl~ar and length of SOV trips and Increase transportation efficiency. Develop and Irnplement 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. Suppurt 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, end transportation systems and programs, in reducing single-occupant vehicle use. C. LAND -USE & TRANSPORTATION , k , Land use and transportation are fundamentally Interrelated, That Is why the growth management strategy focuses eeveiopment In concentrated rather than linear patterns, directs transit Investments to link pedestrian-oriented activity centers, and provides more opportunities ( for walking and blcyi4ng. Low-density d9velopment spreads the city over a greater area, c~roon~w~~caerncourncrrns tftM"CrONtWMVcR1anlortniaa*Nru.w"COW*+W"FVON Page 60 Revised Section 6 7YanSpol'tatitpn causing the need to construct more miles of roads. Increased amounts of 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 transk-oriented 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 activity 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 facilities 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 b. Promote the use of the thoroughfare master plan and capital Improvement program "-Zs tools to achieve desired land-use patterns. 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 for transportation facilities, programs, and i 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 of low-Income people, children and youth, the elderly, people with disabilities, businesses, and residents. e. Minimize direct vehicular access from developments facing arterlal 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 muttifamily uses generally should not take primary access through a lower-density residential nelghborhood 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 limited to collector and arterial street Intersections. e C W,5 ~16MCetnowuaaE14NMI "iccraarwo VERaaN rarrio-ttw wcaro,►.~,w~n,,,.ae Page 61 Reviftbild Section 6 7Yat1S~lOi' Oit D. USE OF-STREETr L 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 arterials, 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 fof 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 adjacent jurisdictions to discourage diversion of traffic from regional roadways and principal arterials onto lesser arterials and local streets. d. Use neighborhood traffic control devices and strategies to protect local streets from through traffic, high volumes, high speeds, and pedestrlanNehicle conflicts. Use these devices and strategies on collector arterials where they are compatible with the basic function of collector arterials. Expand the traffic calming policy to accommodate more variety In street designs and traffic calming techniques. Use traffic calming techniques In both existing and new neighborhoods and activity centers. e. Use an Interconnected transportation system to increase traffic flow, reduce traffic congestion, Increase emergency access, and provide Increased transportation system routes. E. LEVEL OF 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 j r-~ a. Consider development of an adequate public facllitie9 ordinance as a toot that would allow for transportation needs (LOS) to be addressed when land uses are considered for development. cwroa„ 1$'MC W0WPnnrcr,uA ►LuvUctoNsmomARI*Nfdra""FrowwC*V**W4PW," Page 62 c Revised Section 6 Transporladon b. Transportation modeling is the key component for measuring level of servlce and development Impacts, designing future arterials, and providing quantitative measurements of cause and effects to elected and appointed officials, citizens, and regional entities. c. Define ariarial level-of-service (LOS) to be the volume-to-capacity ratio (v/c) at designated locations. Measurements will be provided using the highway capacity manual, traffic simulation programs (Trap-SIMS), and the TRANPLAN programs, Measure p.m. peak hour directional traffic volumes on the arlerials crossing at each location to calculate the LOS. To judge the performance of the arterial 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. Define transit level-of-service (LOS) to be the volume-to-capacity-ratio (v/c) at designated locations. Measure p.m. peak hour directional traffic volumes on the arterials crossing each location to calculate the LOS. To judge the performance of the transit system, compare the calculated LOS with the LOS standard for that locatlon. e. When the calculated LOS approaches the LOS sta4SM (Level of Service D), pursue slrelegies to reduce vehicular travel demand and/or iner6i a the operating capacity. F. PARKING 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 price of parking Influences people's choices 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. 9. Goals i 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 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 availability 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 parking for high density areas, such as the downtown university core, Fry Street area and the developing activity r centers. Coordinate parking areas with access to the public transportation system. r 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 commercial areas. C Wy D ~%IMCeenntoWREHrNSn "11JEcraaVwpN ANIO ronr+a w wn~a M w s,rw, Pliim a Page 53 i i c Revised Section 6 Transportation d. Allow long-term parking on most collectors and local streets, limited only by safety, street design, and property access needs. Use strategies such as parking duration, lime- 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 single-occupant vehicles while allowing principal-use parking. f. Emphasize short-term parking over long-term parking In commercial areas, both on- street and off-street. i g. Establish or maintain minimum long-term and/or short-term off-street parking requirements for new development for special vehicles and purposes. This could Include carpools, vanpools, bicycles, zero-emisslon vehicles, and vehicles for persons with j 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 changa 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 corrldors. 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 loadinglunloa ding passengers). c. Work with small area planning to develop specific area transit solutions for high- density areas such as the downtown university core. Ensure connection of the smaller system Is Integrated with the city-wide transit system. d. Work actively toward a citywide transit system, the local Initiative for neighborhood circulation (LING). This Includes two types of services; 1) limited-stop, frequent service connecting activity centers, neighborhood centers, and industrial centers; and, 2) fntracommunity feeder service connecting homes and businesses with neighborhood C yr Oocrr WKSET,,OMPACHEN9rt►UN1({TpN!'.Wpgp ltpli0N L7~r.4V?%~M MNwnllCmpr/,mYgfWi ON Pegs 64 J c I i , h ReV1SW Section 6 Transportatlort transit facilities. The ntraoommunity service may include small vehicles, ttexible routes, demand-responsive 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- 0 Is within 114 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 reliably; • 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 it easy for people to ride transit and to reach local businesses. Provide adequate lighting, security, pedestrian amenities, and weather protection. Minimize the 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 BICYCLES With supportive land use and transportation policies, walking and bicycling can be practical alternatives to driving (especially for short trips), contribute greatly to the quality and vitality of 1 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 parttcutarly Important for children, senior citizens, people with disabilities, low to moderate Income residents, and people who choose to use this mode of transportation. 1, (coals To Increase walking and bicycling. Create desirable, safe, convenient environments that are conducive to walking and bicyclinV. 2. Strategies a. Create an urban traits system to facilitate walking and bicycling as viable transportation choices, provide recreational opportunities, and link major parks and open spaces with Denton ne ghborhoods. b. Integrate pedestrian and bike facilities, services, and programs Into both city-wide and regional transportation systems, c. Provide these features; i • Pedestrian amenities and weather protection; c wr con. we+wceer veoMr u ~w vt run mcnowwopa vtmso eonr atLN ti wrw eovitwwo rW ow Page 65 c Revised Section 6 7Yansportetion o Safe and convenient pedestrian and bike access to transit stops, centers, and stations; a Adequate lighting, security, and other improvements for persons with disabilities and special needs; • Bike capacity on buses, rail, and other modes; and, • Covered, secure bike parking at transit centers and stations. d. Recognize the Importance of walking and the contribution it makes to personal mobility and to the environment, Improve the pedestrian environment 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 attractive for pedestrians, Improve access to transit, encourage street-level activity, and facilitate social Interaction. Integrate pedestrian facilities Into improvements on these streets. I. 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 rgoprnmen led school wa&Ing routes, access to transit, access for people with disabilities; grid 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 blcycte facilities In, around, and between mlxed-use centers, neighborhood centers, and other key locations. Facilitate bicycling, where appropriate, with separate trails or bicycle lanes. 1. MOVING GOODS AND SERVICES Commercial transportation mobility and access are critical to Denton's economic development. 1. Goal Preserve and improve commercial transportation mobility and occess. 2. Strategies j f 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 transportation by rail, trucks, and air. Work toward improved connections between modes of transportation. d. Consider the needs for delivery and collecllon of goods at businesses by true-k when making street operating decisions, end when developing projects and programs for 1 highways, streets, and bridges. Consider at least these features: access to freeways; street width, turning radil, and overhead clearance; railroad crossings; and traffic congestion and conflicts with cars, bicycles, and pedestrians. eW,Ooev NMCKWOMPMHENN[PLAN KCTOONtVAMY4K"M o-tFNtiYWWM CXV*W"PWdoe Page SO r, Re SW Section s Trdnsportation J. MUNICIPAL AIRPORT The Denton municipal airport Is an Important link In Denton's highway, rail, and aviation transportation systems. The airport will continue to meet current 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 determine likely funding ofproposad airport Improvements. Get In queue for runway extension, air traffic oorntrot tov"er~a%$rn;Inal expanslordreconslrucGon. c. Plan active property acquisition to avoid Inflated real estate costs. Investigate joint use of 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 1 districts (ACLUD) are effecUve. Maintain Integrity of a!rport height hazard district and ACLUD. e. Investigate publicprivate partnership agreements to asslst 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 (ITS) 1. Goal 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. A i C Jlr Ooemw,u'HCIETMCOWREMENSNE KAN OUTICAMMNp ARSON EDnSk* HE MNMrM Cvnr"* a PW t Page 57 I I `Jr 1 J u Revised Section 6 7Yansportation 2. Strategy To Initiate investments that Integrates intelligent transportation systems Into the Transportation Infrastructure. These systems reduce investments to enlarge capacity by maximtzing the existing infrastructure. L. TRANSPORTATION EINANCINQ (coal To use available financial resources to implement transpcOatlon goats, 2. Strategies a. Emphasize Investments ror maintaining existing transportation facilities; safety; transit priority Improvements; and transportation system facilities and programs to stimulate a shift towards transit, carpools and vanpoots, bicycling, and walking; freight and goods movement; suppDrting the growth management strategy; and complying with level-of-service standards. b. Identify funding sources and strategies, Inclmdiog thelollowtng: i • Contributions from those that bblk"M Investment, such as property owners nearby an Investment; a Grants from local, regional, state, and federal funding sources; • Contributions from the region for Investments that serve regional destinations and investments In regionally-designated activity centers; a Growth-related revenues where consicher•t with economic development policies; and, a New locally-generated revenues for expanded local transit services. c. Maintain sufficient Aexib city so the city can take advantage of new funding opportunities and maximize competitiveness for funding. d. Require new developments to provide or share the cost of transportation Improvements Including pavement, traffic control, parking, public transit, and bicycle and pedestrian facilities. 1 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. i i C My Oce~N'JXAVR40WFtEHIMrVI kM RO NITWO" VIPS*N IMP10. Dl IMYlndl CamdrrwW M+,da Page 68 { r ftvL%bbd col'! T Water Services i Across Texas, establishing new water supplies is becoming 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 entitles, and careful conservatlon, the city can provide sufficient water to meet Denton's population projections through the year 2015. New sources will have to be established, either through contracts or construction, to meet the projected long-term demand. 1. Pollcles A. The city will develop and operate a water Infrastructure system that is safe, reliable, cost- effective, env'ronmentally sensitive, and sufficient to meet future demands In cooperation with other en itien. B. Developments vill be constructed and property owners will maintain their propertles and private infrastructure so they do not compromise public health, endanger public drinking supplies, or pollute the environment. i C. Water facilities should be located In areas that meet engineering criteria end are compatible with adjacent properties to the greatest extent possible. 0. Generally, Infrastructure extensions to residential and commercial development will be the responsibility and expense of the devel^per. 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. The city may participate In the cost of overslzeng water lines to meet future development E. Promote Infill Ir, fi aslructure Improvements over new line extensions that expand the geographic coverage of the city's Infrastructure systems. R Use phase II Impact fees to fund additional infrastructure to accommodate system growth and help manage utility rates. G, Use adequate public facilities criteria or other tools to influence oompact versus satellite growth policies. Goals and Stratailles A. GOALS Develop long-term water supply contracts to ensure an adequate water supply. Expandwaler treatment capabilities and provide additional overhead storage to meet anticipated Increase In r/•' demand. Design the water distdtwtion system to provide flexibility in the refilling of tanks, providing sufficient water to meet average-day, peak-day, and peek-hour demand conditions as well as emergency fire conditions. Construct Improvements to the transmission and distribution C ury DonnMiM'JAClE1MCOMPII['1E119N[RAN IECTgNpWOR0141t1i0NEMttiIW4M rY.MwW CO.OMM, 4PWON Pape so {+I~ t i 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 on recent population projections, 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 renewattexpiration 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 S81, passed by the Texas legislature in 1097, 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 Interbssin transfers from Reglon D are beginning. 3. Build an additional water treatment plant to Improve the city's ability to manage „ra;!1f1 T w nonessential water demands during periods of supply shortages, equipment failures or related emergencies. Build the plant at the Lake Ray Roberts site with a 20 MOD (million gallons per day) capacity. 4. Build additional elevated storage over the next 20 years to accommodate future water needs. The locations should Include an additional 1 MO storage tank in the upper plane area for the northwest, a 1 MO elevated tank for the upper plane 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 for the existing elevated storage by modifying the boundaries of the upper plane in a manner that satisfies regulatory criteria for elevated storage. 5. Construct two new booster pump stations (the Hartlee Field booster pump station and the high school booster pump station) and Increase ground storage capacity to 12 MO. 6. Build a new Marilee 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 slda of Denton as well as for the upper pressure plane on the northwest side of the city, 7. Construction of a high school booster pump station will help supply tha upper plane area. 8. Build three million gallons of additional ground storage for the initial phase of the Hartlee (r'. Field ground storage and booster pump station facility. This will serve as a remote ground storage and high service pump station for the new water treatment plant at Lake Ray Roberts. A total capacity of 12 MO of ground storage is ultimately planned at this location. t*h Doc wMCU MCOU"MH.MEMKA KOONMROVUSONEOfrt "IfM.WenM CemryNruM1~/yn,/ul Page 60 i . ~ i a c, i Revised Section 7 Water Services 9. As Denton grows, the infrastructure must be upgraded to provide for the following: • Transportation of treated water from the plant and storage facillUes through the existing system Into newly developed areas; and, • Proper balaWng 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 ca its water use during peak summer months. The conservation plan should strongly encoura( a the use of drought talerant/nalive 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 effluent 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 tower F operating costs for high-volume water users, r i D wr DWA?W.WWCKTKO*WKV4kV s PLAN l6CT"M m 401" mrtaroxll PA AW- Co"OW" PW ON Page a! 1 t Revised Section 8 Wastewater Services i 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 mldst of an ever-Increasing body of environmental regulations. To meet these challenges, the city recognizes the need to modemlze and expand the wastewater treatment plant. Increase the blosolids management (composting) 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 benoficial use of wastewater effluent must also be expanded. I Polkles I 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. j 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 goveming body by oversizing lines and upgrading trunk system. The city may also extend infrastructure to G 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 InflowrnhItration infrastructure Improvements over new tins extensions that expand the geographic coverage of the city's Infrastructure systems. 0. The Environmental Protection Agency (EPA) recently Issued an administrative order requiring the elimination of Sanitary Sewer Overflows (SSOs). An a Almated cost of rehabilitation of the system is approximately 6.2 million dollars and Is budgeted In the five- ye3r CIP, Infill-infiltration (111) 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 legislature enacted legislation enabling cities to charge a Capital impact Recovery (IMPACT) { fee to each new commercial and residential development C'MyD 11'MCKrM40MMHtnenTrwre~cr r,wnor~RSrowearniaxwR., W&C0 VWVArwss Page 62 i I I I ii I I i Revised Section 8 Wastewater Services I 1. The city reserves the right to prohibit any connection to the city sewer system when It Is determined that a fine or the system Is overloaded. J. The city requires citizens utilizing failing septic s,, stems and located within two hundred (200) feet of a city sewer main to connect with the sewer main. RL Goals and Strategies A. GOALS Protect surfaces 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, intreasing the marketability of the products, reduce the cost of managing biosoltds and wood v,aste, and prolong the life of the landfill o;,4, 1, Provide wholesale wastewater services to entities outside the Denton area In the Hickory Creek watershed to protect the city's drinking water Intake from wastewater pollutants. 2. It Is anticipated that the rural areas and a few small commur,itles will continue to use septic tanks beyond the year 2010. All communities In areas arowid 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 lower 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 uslnp wastewater effluent, costs for treating raw water to drinking water standards can be evoidr d. 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 Implemented, 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 1 C'My oxv Lohltft?onCOMFIQ4EW4VIAN IEC i ION3*01WAKSON 100SM44FN Nf WJ4C*vwiwH►w On Pege 63 v i Devised Section 8 wastewater Services dramatically. Wth the oast developing new raw water sources ng astronomical, direct rouse of waslewater effluent will soon become the economic alternative. I 6. Compost ►s produced by htixing wood chips and biosolids. Wood consWdon debris and yard waste provtde the source for the wood chips. The sludge used for the composting program comes from the Pecan Creek WRP secondary blosads. The secondary blosotids account for only one-half of the total blosotlds ultimately planned for the composting operation. Primary blosolids are presently land appliedlinjected. The composting program pemuts citizens to paNalpale in the cky s largest recycling program with trees and wastewater from citizens to produce compost fordtizen and consumers. 7. The city began compost-marketing sctivl%s in 1997. Customers currently pick up compost material In an unpackaged form at the compost site, but plans are under way for wholesale distribullon. 8. The city may establish a tree farm. The tree farm will utiT>ze wastewater effluent for Irrigation and Dyno Dirt for fertilizer. / i l l ewroonrW14Mcerrn H[kMruMacno"WftVP wWFOMwalOW&C ~4FWift Page 84 ~Jl L I III I Revised Section 9 Siiormwater Drainage ( The slormwater drainage system Is responsible for conveying all runoff In the city from each storm event through a network of street Inlets, underground pipes, culverts, Improved channels, and natural channels. The runoff is eventually channeled Into Lake Lewisville. The drainage system uses a 100-year flood as the design storm. In the 1950s, Denton experienced a flood close to this magnitude. One-half to two-thirds of the town flooded. The lack of a devastating storm in recent history and memory has given homeowners and J developers a false sense of security. Construction within the 100-year floodplaln Is prevalent, leaving little ffoodplain and floodplain fringe to absorb a significant storm. As the city has grown and watersheds have become more developed, runoff has increased accordingly. Relatively small ten-year floods are becoming a challenge to manage, as floodplaln area becomes a scarce commodity, Flooding during these events Is the direct result of inadequate designing, poor construction techniques, and lack of undeveloped floodplaln area. Over time we have observed the value of the floodplaln area with respect to flood control. i Areas with the foodplaln left In a natural state absorb flooding events and provide water quality Improvements far more successfully than areas where the floodplaln has been filled and modified. By filling and developing floodplaln areas, protecting property during flood situations became more difficult and expensive (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 management, the city will be able to effectively address the challenges of managing storm events In the face of { significant growth. Pollcles i A. Preserve, protect and, where possible, dedicate foodplains to the city In accordance with I the city's watershed management plans and the parks and recreation plan. Floodplains should perform multiple functions for flood conveyance, transportation (trails), 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 infrastrucluro 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 onsite detention ponds, according to the approved watershed management plans. The city and private developers will form f f ` < partnerships to satisfy regional detention plans, I . CADxvrt .wMC err K01l*D"9""$ECT0NItY4Wv1Kft410Rh167FM1~rMNrJ/Cp~p,►,M,yH ►yl,/pt Page as I c Revised Section 9 Stonmwater Dminne a E. Minimize the number of channel crossings to reduce potential restdcUons and safety hazards and replace the existing box culvert crossings with clear spans that will bring the roadways out of the 100-year floodplain. F. As Infill and redevelopment occur inside the developed portions of the city, existing substandard drainage systems must be reconstructed in a cost-effective manner to limit Impacts on the adjacent developed properties. O, 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 strictures 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. tr. Goals and Strategies r r A. GOALS Prevent the addition of new structures In the fioodpialn to reduce flooding and Improve water quality, Correct the deficiencies associated with street flooding, Inadequate channel capacity, and the existence of an estimated 1000 structures currently located In the 100-year floodplaln. Limit the amount of reclamation of floodplaln property to protect water quality. Protect the water quality of streams and lakes from slormwater runoff through enhanced monitoring, enforcement, and public education programs, I B. STRATEGIES I , 1. Revise the current orc a to prevent any new atruclures from being constructed in the 100-year floodpiain. The ordinance would allow the floodplain property to be dedicated to homeowners' assoclations of 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 floodplaln 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: a A focused operational objective; a A definable schedule of operation and maintenance activities; o 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. i C WI Daw.a JACKWOMPMEMEM- M RAN ECC?0*W M VLU44 E1)(MI&MIG M&AM W Ca p*wwyP PW be Page so ~ i i! Revised Section 9 S'torrrmMaiter Drainage { 4. Increase channel capacity, enlarge creek crossing structures, and pur se some properties to accommodate larger channel designs. Remove existing structures from or I adjacent to the 100-year Ooodplaln as opportunities develop. 5. Adopt an aggressive capital Improvements program (CIP) to fund stormwater facility j upgrades. i 8. Acquire and develop regional versus site-specific detention ponds. 7. Upgrade the flood monitoring system to provide predictive flooding condition capabilit es. 8. Develop new drainage regulations that require a new or existing development to make floodptain Improvements in or adjacent to a ftoodplain to meet the 100-year floodplain restrictions. Provide drainage fadtitles 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. I 10. Develop methods to eliminate excess dirt, leaves and construction debris from entering the stormwa ter network, restrictions concerning excess water runoff, and removal of Boll and leaves from construction elites, Methods of erosion control wlll be explained through public education programs. 11. Develop an active role In monitoring and enforcement of all construction actlvites, 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 citizens regarding potential problems that result from 1 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 remaln In the channels as a'natural habitat," when such practice only Increases flooding problems. 13. Establish natural channels with appropriate vegetation to avoid excessive siltation from channels during storm events. 14, Address slormwater Issues on a watershed-wide basis. 15. Propose pretreatment of water before disposal at each industrial site. Regulate surface runoff and control pressure washing of industrial and commercial parking lots. 18. Increase street sweeping activities to pick up pollutants before they get Into the storm system. r ' I cv+,o~ewceaiMCOrwuNtKwtnrr~ctaw«woaeKiuaNrorrn+o-fFMwarw~cswrw4rwiOw PageBl' r, c, Revised Section 10 Solid Waste The City Denton reoognizes a absolute necessity to protect public health by the responsible collectlon and disposal of the waste generated by the community. No modem oonxnunity 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 landfitled by providing recycle material collection, separate collection of yard waste, composting of blosolids 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 minimization, resource recovery, environmental protection, and disposal capabilitles to meet future demands. 1. Policies A. Protect public health by the consistent and efficient removal of trash and rubbish from each residence, business, and Institution. I B. Support cost-effective recycling programs through policies that snoow-ege public education, C 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 ooCection and recycling services during the development process. A Goals and Strategies A. GOALS Protect public health, reduce litter and fugitive trash, and enhance community 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 minlmizallon and maximize material recovery and reuse. B. STRATEGIES rr 1. Site design for commercial, mullifamlly, 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 ootlections. SpecificaUons will be developod for revetments and for the paving of the surface on, and cmy o~ uwcenMCOUOaE asrrt►uxKCra~~vwa~vt~wrlwtwx"w.aMNC*'%'V rwramaw Page 68 c~ Revised Section 10 Solid W fists eadtng to, the conta nersufficient to wIthsGM the we g to the coffection vehicles e collection of bulky items A be addressed to reduce the appearance of these flame at the curb. The city will continue to support community efforts to remove litter and fugitive trash. 2. Utilize groundwater protection and monitorkV systems, methane collection and I monitoring for off-site methane migration prevention, collection and treatment of leachate, and management of stormwater to ensure that the landfill Is operated without harm to the environment 3. Construct a materials recovery facility (MRF) adjacent to the landfill, The facility could recover recyclable materlala 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 Bond 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 offer other opportunitles for the city to offset some of its capital and operating costs by taking In waste from outside the city. 4 u. r C W9 D0MrWVAW-KrRWDO F`ql (Nyy(►LMMICTOWWOft Kill" 1p}81I64tM FSAMnN Cal wiles 01110.ke Page 60 t Revised Section II Electric Denton Municipal Electric (D E), the Ctty of Denton's power company, provides a eclricity to more 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 oust-effective, service-oriented manner. At the street level, maintaining and developing an infrastructure that Is safe, reliable, and environmentally sensitive Is a top priority, 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 wlli expand the electric services It offers as the city grows. Polkles A. Electric service to all new cornmercial and residential developments will be Installed underground. 8. Electric service providers and the city will work together to achieve the goal of Iristalling electric utilities underground along and adjacent to major entranosways. C. New 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 inltiat'ivos will continue to fund the conversion of existing overhead electric facilities Vi 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 efficlently, reduce potential nuisance lighting problems, and enhance views of the nighttime sky, lr. Goals and Strategles A. GOALS Provide safe and reliable electric utilities that will meet future demands. Ensure that electric utility Installation and operation Is environmentally and aesthetically sensitive. Use cost-effective me!hods to develop and malnlain the aiectrlc system. 8. STRATEGIES / 1. Provide cost-effective purchase power through wholesale electric providers, to achleve the best customer rate for snorgy generation In a deregulated market place, C Wo DxuWvi K84rR0W1` [KNENE KMJECtOOVi RD ARSIOR WSOO- aM ft~i4 COWON6V4 PW ft Page 70 u Revised Section II Electric 2, Electric service providers will continue to expand the Installation of underground dlstribution facilities to ensure the reliable delivery of electric services to a growing population. Electric service to all new oommerdal and residential developments will be installed underground. Electric service providers and the city, wits work together to achieve the goal of Installing electric utilities underground 9" and adjacent to major entranceways. 3. The utility will provide effluent and effective customer services by maintaining rapid response times (loss than 15 minutes) to customer outages, enhancing communication systems, developing automated meter reading capabilities and Improving system automation and analysis capabilities. 4. Underground electric utility servloe to development Is Important to promote good urban deslgn and enhance the sesthetic quality of the developing neighborhoods. The city will oontinue to encourage service providers (cable, telephone, electricity, data communications) In the dty to cooperate wlth 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 Municipal Electric for all providers related to overhead versus underground conversion, We lamming and plenb'ng requirements and new service Installations. 5. All street light fixtures In new developments will be In compliance with city specifications. The city will use munldpal lighting fixtures that direct illumination efficiently, reduce potential nuisance lighting problems, and enhance views of the nighttime sky. 6. A cooperative effort between local government and the private sector is required to } provide electric facilities in a cost-effective manner, Policies related to electric service will be based on fair and equable participation In the costs by both public and private Interests. i f i' i 0 CW"W*'4FWft Pegs ?I r t Revised Section 12 Parks, Recreation & Open Space Urban open-space lands may a pu y or privately owned, developed with recreat on aci itres or a preserved natural landscape, as small as a house lot 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 well-malntalned public parks, open spaces, and recreation facilities are essential elements of Denton's Image and quality of life. If strateggically placed and equitably distributed, they can provide a wide array of opportunities for boih 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 f 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 property 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. h_ 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 floodplains, where possible, to aid In fioodplaln 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 could be developed jointly with new schools, storm water detention basins, dralnage channels, fire and police stations, or libraries, This policy should not contradict the spatial distribution objectives of the parks and recreation strategic plan and the parks, recreation, and open-space master plan. , D. To ensure the reasonable distribution of public parks In accordance with plan objectives, residential developers should provide in their projects land for neighborhood parks sufficient to meet the needs generated by their development or provide an alternative strategy to satisfy this demand. C Wr Dft~WA 8MfCOMMENENSNE RU~lECIIONliNOrtD KRlioW tdtrfP74MI1wIMmk CmpM~wa Am Oft Page 72 L Revised Section 12 Parks, Riecreatio I & Open Space E, The city should be responsible for the acquisition and development of community-wide parks. 1!. Implications of the Growth Management Strategy Denton's population Is projected to reach 183,500 by 2020, most of which will reside In planning subareas 3a, 4a, 6, 7a, 8a, 14 and 15, Approximately 2,400 acres of neighborhood, community- wide parkland will be needed, an Increase of 1,688 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 ourridors 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 greenbell 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 onct every five years. D, The rapid growth of Corinth and other surrounding communities may present opportunities for cooperative ventures with Denton and should be mutually explored, Iu. Goals and Strategies A. DISTRIBUTION OF PARKS rr 1. Ooal Ensure the adequate and equitable distributlon of parks, open space, and recreation facilities. Cuy Dxv^rhWGETHCOMpPf~iEti~M RIH ~ECTgNTVgI10 rER9gMIDrIPtWFN~4NbMl CO'W"r"%Afte Pogo 73 I` f r Revised Section 12 Parks, Rectleatkm & ( Open Space 2. Strategies a. Complete a new parks, recreation, and open space master plan that addresses public needs In all park and open 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. I B. PARK AND OPEN SPACE ACQUISITION 1. Goal Achieve urban design, transportation, drainage, and environmental conservation objacraves through park and open-space acquisition 2. Strategies a. Identify land and easements necessary to establish a unified greenbelt and trails } system that achieves recreation and transportation system objectives. b. Identify significant scenic, historical, and environmentally sensitive lands, and determine strategies to preserve them. C. FINANCIAL EFFECTIVENESS 1. Goal Ensure the cost-eli'ective provision of parks, open-space, and recreation facilities. 2. Strategies 1 a. Working with city departments, area school districts, and developers, Identify opportunities for clustering multipm 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 an, 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. ER SPOk SIVENESS 1. Goal ! Ensure that future parks and recreation Improvements are responsive to the changing needs t of Denton's citizens cwr n. its MC5ETIPCO1JPRENEN3N1 PLAN MCTV4WOPn tiEnsi04 [WV ww ra. wo w Cw%-# WYN P t Page 74 I t. I 1 I ROAPAW Section 12 Parks, Rocr+e+atlOn & Open Space 2. Strategies a. Periodically survey the wants and needs of Denton's Citizens for their parks and recreation systerrv. Incorporate this information Into revisions of the strategic plan, annual action plans, and updates of the parks and recreation master plan. i b. Update the parks, recreation, and open-space plan at least once each 5 years. I i 1 V .WW- I I .1 r cuhooo. 100cec"W EHINS truntEO&OWamAft"kwaioxw%AMMNCOW"w.PWft Pape 75 i i Revised Section 13 Environmental + Management Environmental protection Is one o the most significant ono ng concems expresso y our community. During the public 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, fioodplain protection, open space designations, etc. Management or 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 Identifying, protecting, 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 environmenlal 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-infinile planet on which nothing less than our very survival depends. Pollcles A. Development policies will emphasize environmental awareness, promote the ethical use of natural resources, and encourage the preservation of native habitat. B. 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 the natural environment and Identity areas with unique ecological significance. D, Appropriaks protection measures and management techniques will be used to minimize harmful discharges direct], to lha environment. E, Site-specific pollution contot techlilques will be based on the environmental significance of tl•e 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. O. Development policies will establish the equitable distribution and use of natural resources, For example, provide floodplain and open space access as 5 recreational resource for the community Instead of singular ownership by one person or a single neighborhood. { C M, Da t&MCMETMCOMPREMENSNt hAN SECTIONS WORD VERSION M010126"Pn„ CWVVW6l PWn11e Page 76 ! 1 1 l ` Revised Section 13 Environmental Management A. The city will take a leadership role In shaping a implementing federal regu a ons an programs for water quality Issues including stormwater discharge and erosion control. A Goals & Strategles A. EPOSYSTEM MANAGEMENT Denton will be a responsible steward of the natural environment, by improving air quality, water quality, conserving resources (land, water, otc,), 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 oonservattonprograms Including energy, water, native, and restored wildlife habitat areas, sens'164 "lnd urban forests. Energy conservation will be } an Important component In our rnanageauel1t 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 structure. 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. s Providing city planners and decision makers with a method to systematically Identify, evaluate, and synthesize various environmental attributes; s Using assigned ecological values to determine what type of growth is oompabble with each habitat area; s Acquiring and preserving open spaces considered to be of high value by the city; s Requiring proposed developments to protect the natural resources associated with the development site to the greatest extent possible; s Encouraging "Green Builder" standards; and, s Expanding the public education program. 2. Strategies The City of Denton contracted with the University of North Texas (UNT) to develop descriptions, rating criteria, functions, and values for focal 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 A associated with a particular piece of land. The project considers ecosystem services (air (r quality, water quality, slorrnwater treatmentlflood Control, recreatioMralls, wildlife habitat, fisheries municipal economic benefits, and rehabilitation need) and ecological goods j (aesthetic values, heritage attributes, native species, core habitat, connectivity habitat, and C VrD« 1W WWKTMCOWkE ME«snn"MrraO4WOPOVM*N WMID-MMIlUft a COWS-.w" PW de Page 77 t Revised Section 13 Environmental Management restoration need). Once criteria an values are assigned, the city can enti w a areas are appropriate for what types of development, conserving the most critical environmental resources while permitting more Intensive development of lower prioritized resources. a. Utilize the scientific and technical expertise of UNIT, literature related to eologlcal 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 piece 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 services (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. e, Make 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 appropriale for what type of growth. h. Implement adequate pub;ic facilities requirements, 1. Require an environmental impact analysis for development sites. For developments , r In areas with high ecological values and services (environmentally sensitive areas), require appropriate management practices Including any necessary mitigation actions. J. Enhance clearing and grading requirements to minimize erosion, eliminate clear- cutting, reduce sedimentation, and reduce fugitive dust (airborne particles). ea,Dme MCBETN=4"ENEN5""UCTIONSOnDAR&MEDIV046"R WWNCwwe4nWwnnaa Page 78 E c Rtevi%bd Section 13 ErrAr+onmental Management B. AIR 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 emissions, 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 transporta on routes such as a 'velo-waY to encourage bicycle commuting and connected trails to encourage walking (see urban design and the street - r j section). •r b. Enhance public transportation alternatives (see transportation section). C. WATER The value of tributaries and watersheds, until recently, has regrettably been overlooked. A t. watershed approach to water quality will be taken that conserves stream corridors and other water bodies as natural and managed ecological systems aid as critical wildlife habitat. Water quality will be protected and monitored to ensure high standa cis, addressing all forms of water resources such as drinking water, streams and water bodies, stormwater runoff, ground water, and wastewater treatment 1. Goal Preserve floodplain areas to Improve water quality and maintain floodplaln habitat. 2. Strategies a. Implement and enforce floodplain-zoning restrictions, Including development restrictions and use of greenbelts and other low-intensity land uses. b. Comprehensive guidelines and policies %.III z applied to manage existing and proposed development adjacent to ffoodr eras or bodies of water, to minimize impacts on and restore the riparian ecology and to ininimize hazardous conditions associated with flooding. c, Expand the city limits to include the entire greenbelt corridor and 11314 project area. d. Acquire and preserve the 100-year fioodplains and conservation easements. e. Coordinate development of greenways and trails along the floodpiain of tributaries. eWyex~I$WAETHCO PKHEN"runSEVONS "OV""tarnio-xNa.wmrCWV*W ,wnM Page 79 f I I` r Revised Section 13 Ewironmental Management f. Use measures to minimize stormwater runoff that significantly Improve environmental Impacts. D. IM 1, Goal Encourage preservation of open spaces. 2. Strategy a. Open spaces have been recognized as a requisite to a healthy community. Denton, like its neighbor, will continue to acquire and manage land and water to preserve, protect, and enhance important natural areas. b. Create en Integrated system of publicly owned natural areas to protect the Integrity of important conservation sites, protecting corridors between natural areas, and preserve---- outstanding examples of our diverse natural environments. Administer a strong programs ti to acquire and manage Important natural areas that preserve wildlife habitat and native landscapes, while providing opportunities for education, scientific research, nature interpretation, art, fishing, relaxation, wildlife observation, hiking, and other activities which do not require a motorized vehicle. Actively protect, manage, and enhance our r natural stream corridors 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 space, such as prime agricultural land. E i / r l ' rvrr ooa.. nuacer. rcournEnvur f ruh ucro"Wob WASM MA16 S." MWOWM CWW~0w4 PW ON Page so Revised Section 14 UrBan Design Urban design Is a term used to define how a community manages the sual character of Its built environment. Urban design has become en Increas+inglydominant issue In Denton in response to growth In development and construction ael0y, 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, five and play affects Denton's image and attractiveness to developers searching for high quality business and residential locations. By contrast, a poorly designed urban environment can be a 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 addressed rigorously if noon is to achieve the quality of development that most citizens desire. The urban design strategy aims to substantially raise the quality of Denton's urban environment As the twenty-first century approaches, expectations of quality will be raised. Denton will lake an urban design leadership role 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 prosperity. Community expectations of quality have risen conslderably, and urban design Issues must be addressed comprehensively. The City of Denton will take a leading role within the metroplex 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 also enhancing the environment, social welfare, and long-term economic performance, without compromising the prospects of future generations. Polldes Properly developed urban design policies need to acknowledge economic realities and " i functional necessities. Different areas In the city serve different purposes, so district-orlented I 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 vfsuafty 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, 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 Im r ant ors In affect aran exert a leadership role iIn following the pr ncliA of good ur anted sign.n City government will t urban C. The build city's are just as Important as the will buuiildiguided by the Vs themselves. cThe form of publiicc spacesen ew,D~ImWOETKeOMPREKNS,vtrw~xCt04NMArtsbHCOnmraxwa~&C*V%M&WnPwft Pape at i t I I Revised Section 14 Urban Design should support their nlended functions, and 1' Ir visual qualities should communicate the values we feel are Important. 0. 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. I 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 aria should be provided W -a varlet' of public property venues. Including parks, street rights-of-Way and public bull in s. 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. f 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 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 of the city. This recognition of value will be reflected it oil 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. Urban Design Principles I 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 consideration of these Issues will be achieved using regulations, flexible guidelines, or conditional funding: E C WVO=11WftlKTHNWMPNENENSNE RAN KCT*NSSWMVtFtM EOrtri tN NMwJIC&1V** APWdw Pag982 Revised Section 14 Uftn Design A. ACCESSIBILITY This is the ease with which people can access a full range of facilities such as shrps, leisure, employment and oth:+r public areas. Accessibility Is affected by the location and distribution of uses; transportation choices, Including facilities for less mobile people; the physical design of spaces and pedestrian circulation systems. 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. B. SAFETY & 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 fighting 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 tiiat the health and safety of the city has been a factor In producing new development schemes. I C. PERMEABILITY I The number of alternative ways through an environment Is a measure of an area's permeability. New development should maximize perrMbllity both within the site and in the neighborhood. Site desigr must be based on efficient list of existing paths and patterns of movemenL 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. Now development will be expected to take advantage of opportunities to Improve choice and convenience of movement. 0. DURABILITY &ENDURANCE Durability 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. E. EGIBILI Legibility refers to the ease with which people can understand and are comfortable with the organization of a place. Good legibility Is Important 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 that help define proper routes for movement; • 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; a Edges that Indicate distinctions between different neighborhoods or land use districts; and • Nodes that are created at the juncture of paths or are created as special activity centers CWyDmAA taWC6VtKCOMPREHtNS FLAN SeCTOeVOMVEnsrohmnmro-xMWW"eowVWP4n.mae Page 83 f i Revised Section 14 Urban Design F. DESIGN 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: -Paths in & around the site -Sunlight -Change in levels -Landmarks -Behavior patterns in & around the site -Orientation -Urban form -Strategic qualities of the site -Views Into & out of the site -Native & existing habitats -Relationship to existing structures -The nature of boundaries -Vistas -Proximity to others -Enclosure of streets & spaces -Public transportation routes -Topography in & around the site -Riparian & floodplain protection -Diversity of use -Climate F. ARCHITECTURAL QUALITY 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: 1. New buildings should demonstrate thorough knowledge of historical architectural information and context, but should not Imitate older buildings. 2. High-quality architectural design should be encouraged. Innovation, creativity and originality are considered to be primary ingredients of 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. 3. Careful consideration of proportioning, detailing and context Is Important In designing buildings adjacent to landmark buildings by providing variety and defining space. 4. Architectural design will be used to integrate the functions of buildings with public 11 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. 5. Design materials will be used and expressed authentically and appropriately. 6. The city will partner with developers on development projects and will acUvely explore the use of competitions In the development of significant publicly owned sites as a means of encouraging more distinctive design. Calls for design and programs for development related to projects that demonstrate consistency with the comprehensive k plan may be explored by the city In partnership with potential developers and design (f'- professionals. C J.h Ocarrn~YCE[TMCOMFREMEI4;N["MCI ONSV.Dl1 YOSION EOn910y6NKr~MC*W*'w "PW WC Pape 84 c Revised Section 14 Urban Design 0. TRANSPORTATION INFRASTRU07URE The design of transportation systems strongly Influences the form of the built environment and the quality of life of its users. The city Wit take steps to reduce the negative impact of motor vehicles on the quality of the urban environment Transportation infrastructure principles include: 1. Location Mixed-use and urban village developments of appropriate scale and compatible design are encouraged. Isolated nonresidential land uses will be discouraged it they generate excessive vehicular travel or are not well served by public transportation. Use of transit- oriented design (TOO) is encouraged. 2. Transportation Priority and Choke 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. 3. Parking Standards OR-street parking requirements should reflect respect for environmental quality considerations. Parking location and associated landscaping should be carefully regulated i to avoid unacceptable expanses of pavement. Large parking lots should be broken Into r smaller sub-lots. Parking standards should be carefully set to avoid unnecessary pavement. Shared use parking facilities should be encouraged. 4. Car-Free 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 onoouraged. 5. Design of Bridges and Transportation Structures Oualified and creative engineering Input should be used in the design of transportation 1. ifi astructure, with Interesting structural solutions, rather than the addition of decorative detailing to a standard structure. 6. 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. 7. 100-year FloodpiaL-i r Roadways should be k:ica;ed parallel to, and outside of, the IMyear floodplain limits to establish green space betwtgn the road and the floodplaln to serve as open space, limit l t t food exposure, and facilitate channel maintenance. C Wy Oon,m W AIMWOMPR[1Ek" PLIA NCTCN31WORD VLRSCN Ea-n axw A wwuCw nrwN PW 6% Page 85 i Revised Section 14 Urban Design 8. Street Trees and Landscaping Trees and landscaping will be designed as a crucial component of all roadway networks. Trees and other plantings will be properly coordinated with utilities to avoid conflicts and competition for limited underground space on city-owned properties and right-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 righls-of-way that maximize rranOg potential white protecting the safety of the public, H L'E'VY HEIGHBORHOOD DISTRICTS & MIXED 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-traditional planning, tradi;ional nelghborhood de.eiopment, and transit-oriented development. 1. The Planning Unit 1 ne basic unit of planning is the neighborhood. 2 The Neighborhood Size A neighborhood Is limited in physical size, with well-defined edges and a focused, center. I i ie size of a neighborhood should be defined as a five minute walk or one-quarter mile from:', j the neighborhood edge to Its' center and a ten minute walk edge to edge. Human scale is R the proportional standard for all structures a id 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 cor,tair, Vansit stops and will utilize transit oriented design, 3. Corridors and Districts l Corridors form the boundaries between neighborhmis, 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 r ajor shopping avenue that connects neighborhoods. 4. Mixed Use and Compatlbllity 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 wMln the five-minute walk. Relali Is Integrated with residential, commercial and even some types of manufacturing use, though not typically on the same street In a given nelghbxhood. Apartments are also permitted over stores and offices. Forms of housing may Include apartments, duplex, town homes, and single-family homes, accessory apartments, and outbuildings. Multifamily development is typically In smaller, human-scale buildings on separate lots. S. Definition of Public Space Buildings should be sited carefully to create to defined public space. Build-to lines should be utilized to establish a consistent series of building facades, and to promote regular I CJJ,Do-~rtrni~)JC6EINCOMi,1EMN5fvERINbECTpNS~wONOVERSANEDITA'Pi6MbJYT11CampnMWWPW.Ja Page Be a i r i Revised Section 14 Urban Design alignment. The street Is an Important form of public space, and the buildings that define it should be expected to reinforce and enhance the streetscape corridor, 8. Street Pattern The neighborhood street pattern should be gridded. Parks, squares, diagonals, T- Inlerseclions, rotaries, landmarks, and other devices should be used to relieve the visual monotony of the grid system. The range of street type is limited, from mixed-use neighborhood ooliectors 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. 7. Civic Buildings and Open Space j Civic buildings, such as city hails, churches, schools, libraries, fire and police, post offices, and museums, should be placed in prominant locations. Potential sites Include the frontage of squares, in neighborhood centers, and where street vistas terminate in order to s 3rve as landmarks and reinforce their Importance. Buildings should define parks and squares, which are distributed throughout the neighborhood and appropriately desrgned r•)r a range of neighborhood functions. Design and scale should be compatible with surroundir:g structures. Open space is a required component of the neighborhood. Public open space is j a necessity that ifhks different parts of the nelghbofiood and establishes a tense of place for residents. 8, Architecture I Architectural guidelines may be required for neighborhoods to establish unity with respect to ( massing, facade details, materials, and roof pitch, although many variations would be possible. Such architectural guidelines would be nelghborhood-specific and would supplement citywide design standards. 9. Street Walls and Basic 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 or the street. Duild-to lines should be used to determine how close buildings will stand to the street. if parking lots are necessary, they should be locdted behind or to the side of buildings. Additional standards may be employed to govern recess lines for upper stories, and transition lines, which denote a distinction between ground floors used for retail and the upper story floors for offices and apartments. Goals & Strategles A. URBAM DESIGN STANDARDS The most significant improvement to be made regarding Denton's urban design policies is to r' e; corporate regulatory standards into the zoning code that address aesthetics arrd visual quality. 1. Goal r Develop urban design standards to be included as part of the city's development code. The l standards may be vary In application to different parts of the city, W in all Instances, the c wr oor .nuwceErrnco~ an[NCwsr r run r~erar mworm vtr~sarr ~arrr+o-xs~ a+MO N C4"V**... F* ea Page 87 i C Revised Section 14 urban Design requirements should be tied to a legitimate public purpose and consistently applied to 911 properties of similar nature. Spea^,c attention should be paid to urban design elements Including, but not limited to: a. Site Design • Subdivision design • Street layout • Site design • Compatibility with neighboring properties • Open space • Outdoor storage • Parking placement b. Architectural Design • Building height and bulk • Building placement • Building orientation • Garage orientation • Building materials c. Site Elements , • Fences and screening devices • Lighting • Buffering of adjacent properties • Mechanical equipment, dumpsters, and utilities • Landscaping • Signage 2. 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 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 sons form of site plan and design review. Review complexity should be proportional to th,'+ potential visual Impact of the proposed project, 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 A , and approval versus quantitative standards that can be measured and administratively satisli9d. C *415 ~mWceeN=NPKMEN M run 9ECT0Nt*W vcK%on E00010-W111P Weave ee,V*. rug PW do Page 88 i i I I r Revised Section 14 Urban Design f. Data lied design standards will be developed for new neighborhoa7 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 revisions to the city's subdivision regulations. h. Develop a design strategy Intended to coordinate public appurtenances such a sidewalks, signage, utility poles, utility lines, vahre boxes, and solid waste receptacles. i. Adopt specific urban design review processes that apply to city and other 11{ governmental development projects. E S. VARIETY & DISTINCTIVENESS l 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 entitles should also adopt such an approach. IfE 2. Strategies 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 property communlcafed 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 dty should be specifically Identified, and a broad-based urban design approach that treats all properties the same should be avoided. c. Design review processes shall be structured to provide opportunities to demonstrate r ti alternative compliance within a reasonable period of time. f 1 { CWyDO~1&OCIETMCOMPRFNfNi4"RCTaNreowVENdON1WTV, 2&"R~MComyWWW4PuGK Page 89 Revised Section 14 Urban Design C. Visually sensitive locations Include unique natural or manmade areas considered to be Important communly 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 through formal Council action. b. Development and demolition review and approval will be required foutsually 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. 1 0. 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 expected as part of 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, i 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. CWyOx 1bMC@ETRCOMPn9H%.NwtruMMCTOwWOFWYERS"EDOMIMx"FIYWWwrwro+wran.~ae Page 90 h 1 I Revised Section 14 Urban Design 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. Public art should be used to complement design features of thb coeclfic location In which it Is placed. f. Practical Issues should be considered In the design of public art such as maintenance, durability, and safety. i 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 formatly identity visually sensitive sites and locations. b, The urban design plan sho;ld 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 should be used to rate and prioritize the sensitiviyof 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 specialty designated projects. Private developers should be required to provide renderings, computer simulatlon, 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. Prn r ire"on and adoption of the urban design plan should be a public process, open for citrzo review and comment. Design workshops, public meetings, and public A hr.mdras should be held to raise citizen awareness and determine community consensus ! regarding aesthetics and visual quality issues. l C *r o~W)ACBETKO AgW arvi Pun eecraarxerta rtes corm+axw nr n~ w emv+w ua P4n OX Pegs 91 l i 1 ~ i Revised Section 14 Urban Design g. The urban design planshould canialn a moMoring mechanism devised u, provide pedod}c feedback regarding plan Implementation and support I C'AA'CoartwnpWCEftMCdMREMJ~SM K~NEECTtONEU1CIC KIUiOM EdT1,IWFM Mrw+' WW***4PW.be Page 02 t { i ~I Revised Section 15 Historic Denton received designation as a Texas Historical Commission Main Street City In 1989 and Received the National Trust for Historic Pre servatiion'Great Main Street City Award' in 1999. In addition, Denton's downtown was listed as a district on the National Register of Historic Places In 1999, having more than 120 renovated structures In the downtown area. The unique and distinctive cultural, historical, and architectural features of Denton should be Identified, restored, preserved, and malniatned through a partnership between the city and private Interests, in keeping with the historic preservallon plan. 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 strategles of the Texas Urban Main Street program, will be pursued to maintain the momentum treated by recent Improvements. s' Goals and Strategles l A. HISTORIC DISTRICTS 1. Goal Identify and create additional historic and conservation districts. 2. Strategies The Historic Landmark Commission and city preserv;;fon officer will Identify and recommend areas within the city limits that qualify fur historic district designation. Historic districts receive appropriate zoning classification in order to enforce and ensure preservation of structures within the district. Potential historic district sites currently under consideration are: • Courthouse Square District Congress School District The Historic Landmark Commission and city preservation officer will Identify and recommend areas within the city limits that qualify for conservation district designation. Potential conservation district sites currently under consideration are, a Austin-Locust Conservation District • Bell Avenue Neighborhood Conservation District The Historic Landmark Commission and city preservation officer will educate property owners of historic district benefits aril encourage participation In district development, CWr Ooa 4WCOEIHCOMMHENSNI RMSECTOpMOP) V"SON W61 IFxM MWmrl CwWV WA;%R as Psge93 i! i I i Revised Section 15 Histl is Pr~eservrNion The city will designate structures having historic or cultural a nificanoe. Property owners o designated individual sites may 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 Commission. S. HISTORIC TOURISM 1. Goal Enhanca 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 splrit 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 significance. _ C. HISTORIC SITES 1. Goal Protect Individual sites or aspects of areas Identified as being of historical significance. 2. Strategies a. The city will encourage voluntary landmark designation as a vehicle to protect sites with historical significance. b. In those cases where structures located in the downtown area do not qualify for historic designation, encourage use of property appearance guidelines when renovating, to maintain a consistent and aesthetic atmosphere. c. When Improving Infrastructure within historic districts, efforts will be made to Identify and preserve historically slgnifi-ant features. Infrastructure construction will be reviewed by participating deparlrnents 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 r whenever possible, In some Ir slance3, mitigation may be achieved simply through ' documentation rather than complete preservation. curo~~«knuce~rrcoMraaMCwroarun cTarmwamvwa+rarraaxMa wcaro+u.+.n.n~e Page 94 I Revised Section 16 The ftreet The street ca be defined as the most Important, enduring public space Utdl determines 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 while 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 environmentally pleasing and sensitive to local situations 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 thal is sustainable, facilitating a walkable community, and creating a pleasant and nurturing environment for our citizens. • By better distributing the cost per household through Increased densities, the cost benefits of these new street requirements outweigh the Initial costs and In fact, pfr dwelling unit as' ?s lower than conventional development. Public benefits Include reducing the burden of the infrastructure and the tax base as well as Increasing in Infrastructure sustainabifity. • 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 outlying 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 , Streets are generally classified Into freeways, major arterials, secondary arterials, collectors and ! f residential streets. Each of these roadway classifications has unique street sections, amenities and associated Infrastructure. The development of these sections needs to provide the basis for sustainable de% •lopment. C 46 n~wmcemncol roACHCHS" run scaa »ono vEnsaa ronnro-~e a amw K C,~n o u~ n n kc Page 95 k I R OsW Section 16 The Street A. NEIGHBORHOOD STREETS AND ALLEY Neighborhood streets should be designed In an interconnected or grid system with smaller blocks and more dense development (Figure 16.1). The interconnected system provides multiple routes that diffuse automobile traffic and shorten walking distances. The pattern k• os local traffic off of regional roads and regional traffic off of local streets, The streets In a neighborhood need to be designed to provide equitably for pedestrian; comfort and automobile movement. Slowing the automobile and Increasing pedestrian activity encourages the casual meetings that form the bonde 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 horse" or 'estate lot" concept t y moving the home toward the street using build-to lines from the right-of-way. Build-to lines req,jlre structures to be set at a specific line parallel to the street. The existing setback crlteri; are not compatible with the creation of Interaction because of rho separation of the home fr,im the street. Special residential lot conditions at block ends may not require street frontages where the front yard faces onto a green or community space and there 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 feel can use public alleys for primary access (Figure 16.2). The alley will be dedicated to the publir•. Solid waste service will work to serve from the alley. The alley also serves as fire protection access. 2, Residential Lane This street Is designed to reduce the Impermeable area from current standards while I providing for basic access needs (Figure 16.3). This street section or the residential street j may be used at the discretion of the designer. • Alleys required • Use with lots less than 10,000 SF • Access from rear lot fines • Parking allowed one silo • Recreational vehicle storage needs occur In separate lots for that purpose • Supplemental parking insets within the block or block ends 3. Residential Street This street is designed to reduce thr. Impermeable area from current standards while providing for basic access needs (figure 16.4). This section has a wider rlght-of-way j requirement and a narrow pavement section to allow all utilities within this right-of-way. This I street section or the residential lane may be used at the discretion of the designer. • Use with lots less than 10,000 SF Parking allowed both sides r t' • No alleys • Access from shared driveways • Recreational vehicle storage needs occur In separate lots for that purpose CMr Go(vm~nubC•fT'tAMVAEHEN4M►LIN EECTgNS HONG VENSb1FMOfa9.11 hNrvw tompMMVM►rt0oe Page 98 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 driveways is favorable. • Similar to current residential street section • No alleys • Access frorn shared driveways • Parking allowed both sides of the street 5. RuraUSuburban Street On the outskirts of the city's urbanizing area, this street section will be used for properties subdivided Into one acre or more. This section will remain the same with 24 feel of pavement and borrow 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. s . 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 8 egress from shared driveways at large lots • Suoplemental parking required • Access lo path system required at courtyard end • No private lot frontage at end of courtyard 7. Cul-de-sac Use of cul-de-sacs in functional street design reduces the abiiity for Interconnectivity 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 cul-de-sacs will be limited In length, An alternative to the cul-de-sac is the courtyard street. The cul-de-sac Is designed for use with large lot development. 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 thase systems. • Access from shared driveways at large tots • Access from alleys with use of Ve residential lane • Supplemental parking required • Access to path system required at cul-de-sac end 8. Neighborhood Sidewalks, Landscaping and Visibility The sidewalk section fur all residential cross sections will be 5 feet to allow two persons to , walk together (Figure 163). Sidewalks and crosswalks will Include alternative paving materiais such as concrete and peMous paver materials to promote that blend Into the neighborhood concept versus the starkness of concrete. The sidewalk section will be placed at the right-or-way line to separate pedestrians from vehicles and to old In connecting the c 1Mr oa„ 1tWC8ETKC0MPMHCNerve run xerara woa ARSION rorcrnaxw a wa u ww.n« w. ow eoe Page 97 c Revised Section 16 The Street i rest ential structures. The residential sidewalks are expected to connect to other a ewalk systems and trails. All of the proposed residential section o will provide a minimum t3' 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. Corm%r clips for residential streets will be 15 feet. B. COLLECTOR STREETS Collector streets will have multiple functions, all of which are different than residential streets. Colieclors 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 corner 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 be at the minimum allowed to promote slower speeds. The collector streets complete the overall system connections of the grid patterns (Figure 15.1) defined in the residential streets. The shorter block lengths and features such as traffic circles (Flg(fie 18.8Ewill 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 tAl'rzing techniques like shared access, driveway separation, and corner clearances to again maximize capacity while;mrim ing the aesthetic characteristics. i 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 113.9) such as seating areas, landscaping features, or public art along the linear sections. Separations caused by the conventional retail and commercial will now be realized as mixed uses with venial integration of offices, retail, and residential. The urban village concept moves these types of structures to a determined tine offset from the street rlghl-of-way edge which becomes the build-lo line requirement (Figure 18.10). 1. Commercial Alley The oommerclal alley section (Figure 18.11) will be used to promote better view lines, servicing, parking access and to separate the truck traffic from the mixed-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 travel lanes In the middle (Figure 18.12). No single family front or rear yard frontages will r ce=r along this collector street. Driveway access will be to the rear along the residential alley where attached housing or other uses occur along this streeL % a Parking both sides of the street • No single family front or rear yard frontages CMVO~m.WW_MEw4QMFREHtN3MPLAN MCMNSWO"VERsanIaTV04C Mrft4mearo+. PW6e Pa3e98 Revised Section 16 The Street • Access from the rear at the alley 3. Mein Street 1 Mlxed•Use Collector The main etrect/mixed-use collector will have standard lane widths to promote the flow of traffic and blend the neighlx>fieod 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 CommerclallMixed Use Center Collectors (Figure 16.14) will be provided in commerciat/mixed 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 Intersections with arterials. The right-of-way should be expanded to provide adequate space for rlghl-turn lanes on and off the arterial. Alleys will be utilized for servicing, parking access, and to separate truck traffic from the typical user. • 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. Mlscellsneous Collector Issues Sidewalks will be 8' Poet wide, placed on both sides to create class II paths that would blend ' pedestrians and bicycle traffic (Figure 16.15). Since one of the functions of the class II 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 oommerciaUmixed use structures abut the right-of-way fine In neighborhood or commercial mixed-use centers. Pavers, other similar paving materials, and those with rough textures that cause lire 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 collectors. Transit. oriented design (TOD) features will be considered essential for high-density attached housing, mixed-use, and commercial 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. A i C 1My WneWAM IITHcC MPRE CNIK KM xtra m wno ARIPCM tD N1.2t" ftd M M CVV*4M04 AM be Page 0 t Revised Section 16 The Street C. ARTERIAU 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 of east-west routes across the city (major). All arterial streets should be divided with a median. (Figure 16,18) • No parking allowed • Reserved planting In the median and along both sides of paved lanes • Limited ingress and egress through shared drives and connecting streets • OH-street parking to side or rear of structures • No residential front or rear yards adjacent to arterlals • Bike lanes required • Transit nodes and bus queue jumpers • Special features 1. Arterial Lanes & Access Management Arterlals 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 modes so that transfers and Interactions occur safely and efficiently. Access managemenlbols will serve to direct the traffic at collector connections with arterials 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 fumish landscaping where applicable. Sidewalks and planting I 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 of existing neighborhoods, or reconstruction occurs. !l. Utilltles In the Street and Alley All utility systems will be designed with the original 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 r under the Alley. Utilities are not to be placed in the reserved landscape or planting area. Ali q utilities, other than transmission and feeder lines, will be underground. Standards will be % developed that locate all utilities in a manner that coordinates design, Installation and overall construction of a development. C J.y D~m IwMCWOCCMPRENENWE" SECTONYMOND VERSOh IpTf,10.7E-IE I1MMOrilCmpt,wM h.. 9•e Page 100 Ij f c Revised Section 16 The Street 1. et utilities Sewer lines may be placed at 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 plarement of water on the north and east sides where possible. Gas would be placed under the sidewalk on the north or east side. 2. Dry Utilities Electric, telephone, cab:e TV, 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 jolnt 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, clustered, 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 wlll be placed In a duct bank (with expansion room) under the sidewalk opposite the gas line. Service lines wlll be consolidated as much as possible to maxlmlze the area for undisturbed landscaping and aesthetic Improvements. All utilities, other than transmission and feeder lines, will be underground. i ( B. COMMERCIAL I MIXED USE CENTER COLLECTOR Utilities in tho Collector Street right-of-way will be placed as described In the large lot district of neiglborhood 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. ARHMALA 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-0f•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. SNARED DUCT BANKS Developers will be responsible for working with all utility companies providing service to the neighborhood In order to address technical Issues for shared dry utility duct banks. Specific routings, termination points, and methods must be Identified to accommodate utilities, Duct banks will provide a minlmum of four reserved ducts for future expansion, upgrades, or replacement and will be provided by the developer. f r 4 CADocu IrMCBETMCOWNEH&OSNE"MCI CNZWM 111lgNEWJN**aa~9o04C&w""Pwmdm Page 101 c II Reprised Section 16 The Street ru. Street Aesthetics The "Street" is more than just a place to move people and stow utilities, As the most Intensively used public space In the urban landscape, the street should also be recognized as a social space, a thread that can knit together neighborhoods, instituflons and buslness. 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, slgnage, public art, and site furniture. These elements can be woven together to create a comfortable and pleasing specs through which people In vehicles, on bicycles, on skates, on foot or In strollers, and the handicapped may 1, avel. A. MATERIALS Require the use of alternative paving materials, Including the use of different textures, patterns, colors and permeability, to delineate pedestrian and bicycle paths, crosswalks, transit stops, other non-vehicle spaces, and at major Intersections (Figure 10.22 & 23). B. LIGHTING Adopt standards for street and security lighting that are consistent with urban design, environmental, public safety and transit objectives (Figure 10.24). C. SIGNAGE Design and adopt directional and Informational signage schemes that are effective, attractive and reinforce a desirable Image for the city (Figure 10.25). D. LANDSCAPE DESIGN 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 10.20). E. FURNITURE Use site furniture (benches, planter sealing, trash containers, ddnking fountains, and other features) to create gathering places for pedestrians within the street right-of-way (Figures 10.27, 28, 29, a 30). F. TRANSIT Adopt design standards for transit stops and bus shelters that are consistent with urban design objectives (Figure 18.31 S 32), 0. INFORMATION SYSTEMS Use Information kiosks at strategic focal points and gathering places along the street to communicate community news and events (Figure 10.33). I CV.ryCbcu 1WMCEETWOMPREhEW&4ft UCTOk11WMV"JQN10416X16%NI #4CO?WOW 4PF dW Pegs 102 G cJ ' Revised Section 16 The SbvM " H. PUBLIC PARKING Apply adopted design standards for paving, lighting, signage, and landscaping to public parking spaces. 1. PUBLIC ART Adopt standards to guide placement of art In publlc places, such as landmarks, view corridors, pockets, traMc clrcies and other Iocatlons of prominent stature (Figure 18.34). J. URBAN DESIGN Use the urban design criteria to create relationships between the street and the structures built adjacent to the right-of-way line that exemptiy quality design and suslalnabVity (Figure 18.35). F ' i C Mh Wft Md N'MCIETMCOMPNE4N1M MN lKTKJN4.NOV V""IWS10-MM ftYWW ICWVOV MPWAIN Page 103 l Revised Section 17 The Edge The edge addresses the relationships between the developed parts o the city an is undeveloped edges. A period of rapid growth is projected, and significant challenges will be faced regarding Denton's edges during the next 20 years, The city 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 at this Ume. A3- 112 mile extraterritorlat jurisdiction, or 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 j 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 citywater and wastewater CCN's grant exclusive authority to provide these services within specific boundaries. Many cities grow from the center outward, 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, Police and fire protectlon, solid waste collection, and other services likewise experience stress when 'urban sprawl" occurs. Should the City of Denton decilne 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 envlronment of uncertain density, land use patterns, and unmanaged growth. As a member of the Dallas Fort Worth metroplex, Denton must also consider the Impact or edge ( development on neighboring municipalities. Several interlocal agreements have been made with other cities such as Argyle, Corinth, and Shady Shores, and help to define boundaries between municipalities to the benefit of property owners near city borders, 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 miles to 107 square miles. State annexation statutes will be reflected in any annexation plans for the city. General Policies Proactive 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 react to growth and Its Impacts as they happen. Adverse Impacts are typically more expensive to fix than to prevent. Proactive planning is staying a'step ahead" of growth; reactions to growth are always a step behind, The edge policies are intended to keep Donlon a step ahead. Denton should endeavor to set finite boundaries that make sense, rather than allowing annexations to set arbitrary ETJ edges. ETJ edge areas that are Isolated or pose accessibility problems should be carefully evaluated to determine H service provision can occur on a cost ( effective basis. Political subdivisions adjacent to Denton, such as Argyle or Corinth, are obvious hard edges to Denton's jurisdiction. Geographic boundaries can also be used advantageously - C 14, Docu U WWWCOMPREMEnlh[ run aECra«rwaw 4tnmon earwax" ne, 04 CWW04 V* rW ON Page 104 1 Revised Section 17 The Edge water bodies such as Le sville lake and Lake Ray Ro arts represent nature barriers -that define Denton's current edges. Watershed delineation Is another method useful to determine the feasibility of jurisdiction extensions, 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 objectives, Proactive planning should be utilized to perform cost-benefit analyses whenever edge expansions are considered. 11. Specific P01IC1es A. Essential services provided by government must be maintained at the highest levels of quality possible. 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 true impact of private development should be accurately 1dentifed and assessed In proportion to public coct9 and benefits. C. The community should establish development rules that are dearly stated, administered efficiently, and enforced consistently. If development is proposed that does not satisfy all the rules, it should not be allowed. 0. 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 within 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 reflect community values successfully, 0. 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. 'rhe location, placement, and design of public facilities such as parks, schools, fire stations, libraries, or human services facilities should be used to create neighborhood activity centers. 1. Coordination of planning efforts between different units of local government should ba encouraged to save money and yield greater benefits to residents. Residential development cM, ooo., tMCOOWAMPAEHENeMA PUnsFCrakrwona ARSION I Dnn+o-2C"AtOM«w CVWfW*v1 nnaa Page 106 c I Revised Section 17 The Edge that establishes a variety o of 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 connect people to destinations that are important to daily functions. Transit, bicycle, end pedestrian linkages should be planned and implemented to serve daily transportation needs safely and oonvenientiy. K, Denton's ability to grow and expand should be Identified 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 reltect 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, fll. Strategies A. The city will prepare an annexation plan, in accordance with state legislation and with a minimum 3-year time horizon, to coordinate the availability of municipal services with areas likely to experience development pressure at urban densities. The city annexation plan ivill be considered a master plan that requires coordination with other master plans that address water, wastewater, drainage, transportation, parks, libraries, capital Improvements programs, and other Improvements. B. The city will not encourage development at the edges o, 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 Infill development will be implemented, particularly within existing city limits. C. The city will proactively annex land within its southern ETJ and other urbanizing areas that become attractive for urban development due to availability of municipal utilities, and due to location within close proximity to areas being subdivided and developed. Proper management of development in the urbanizing areas depends upon annexation and application of zoning regulations that support the recommended land use plan. Pending anticipated changes in slate law regarding municipal annexation authority and the vested rights statute, the city annexation plan will Identify areas that should be annexed, by priority, to ensure that zoning regulations will govern proposed subdivision plats and subsequent development. 0. The city will work with adjacent municipalities to determine shared boundaries, and will execute interlocal agreements based upon mutual agreement that will benefit 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 f through the negotiation of Inledocal agreements. C MA Doc wle)XOFWCOMPPEMENMKANIEVIONTWCADnKSONEOFMO-MMKO&W"C*1VO# *PW*a Page 106 I I a Revised Section 17 The Edge The ET area that extends sou from Hickory Hill Road, tows BartonAl e a Copper Canyon, will not be annexed by the city. The city will provide wastewater services in this area, and will rotinqulsh 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 will 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 unless all water quality conorns are addressed with respect to Donlon's raw water supply, slormwater quality, and other environmental objectives. This area Is not likely to be annexeC due to the extent of eoodplain land under the jurisdiction of the U.S. Army Corps of Enfrlneers. 0, The extent of westward ETJ expansion vd!i be analyzed In the upcoming city annaxatk,n plan. Consideration will be given to the environmental 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, Northlake, and Fort Worth, where access to ETJ arras will prove difficult. " H. The northern edga of Oenlon ETJ will be determined through examr'nation of thb 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 witl contain analyses as needed to prepare edge recommendations In the northeast corner of the city's ETJ. { 1 1 r ` C M, D.UWMrr OMPPbcMMhA!,UCTaNnwoRD IMK Ural Woo9 wo 4C*Nv«w,.r+M6ft A80e107 r Revised Section 18 Schools l Whenever values are discussed withln a community, the quality o education Is oonslstently 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 Stale of Texas. Recent resldential 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 developmont continues to move from the southern portion of the planni rg area to the north, the remaining districts are also expected to receive a share of this significant reside otW 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 haves gnifcant impact on the districts located within tho study area. This residential development js prt lecW 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, School Slting Guldellnes The establishment of school siting guidelines will help ensure that future elementary and secondary campuses are located, designed, and built In the most efficient manner possible. They will also enable the city to work more closely with all its school districts for the reservation and acquisition of adequate school sites and the Integration of future schools with other city services, such as transit systems and parks facilities. 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 identi'ication, evaluation, and acquisition of appropriate school property. Siting guidelines may be expressed in three categories - physical characteristics, service area, and locatlonal criteria. A. P"ICAL CHARACTERISTICS The following are general guidelines to develop schools In Denton. Each school district has It's own standards for development. I 1. Acreage 1 Minimum acreage requirements wlll be determinod by the types of proposed schools and 1 / their planned caparities, c V.ry O^m W'W_K1ACOMr'REHEH5M Kk4 EECTa ZWW VEnsOM ka rr+a.xM hHUw~1 e,Taw w • Pin au. Page 108 t I I 1 III I I Revised Section 18 Sdhools ~I School Acreage Guidelines by Type of Facility Type Facility . Required Acreage Idea! Site Additional Issues Elementary 12 to 17 acres 15 acres MusI accommodate separate parent and buslseNlce 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 shouid be primarlly free from flood plain and drainage areas. Outdoor play areas may be located within flood plain areas pending city approval of site plans; however, at permanent structures will be ;ocaled well outside flood plain areas. j The Interiors of proposed sites should be clear of easements. Utility easements may be located along the perimeter of a site. B. SERVICE AREA Service areas vary by the type of educational facility and the density of the residential area { served. Service area guidelines help ensure an equitable distributlon of school facilities throughout the planning area. Service Area Guidelines Type Maximum Maximum Maximum Faclli Serv Ice Area Walkin Distance Commute Time' Elements 4.0-mile radius 2 miles 30 minutes Middle 8.5-mile radius 2 Was 45 minutes High g.5 mile radius 2 miles 80 minutes ' The maximum time a student should spend on a district 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 diHeront services and should be located accordingly. 1. Elementary Schools i a. Nelghborhood Schools Elementary schools are intended as neighborhood-oriented facilities and should be closely tied and immediately adjacent to the residential areas they serve. Every CWyDft SSW-Btnewuvaa K"ft UCTOOVIOnDV9K$*N[WJ;1aX"P&AMwe~#V4Pwe0e Pape 109 c. Revised Section 18 Schools effort should be made to Incorporate them with neighborhood facilities such as neighborhood parks and community centers. b. Sand 11512 Relationship 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 (I.e. side street). 2. Middle Schools a. omm ni a pool 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 Retationshioa 1) Adequate butters are 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 (W commercial collector. 3) Adequate separation is recommended between preferably from a secondary site access (i.e. side street)and secondary acts,ss - { 3. High Schools a. Regional Sctao~ 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 lil•.e urnmun'o parks, regional parks, or university facilities. b. Land lfsa Relationshl41 1) Due to noise, Uaffc, 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 ietwork, transit connections, and/or bicycle/pedestrion systems. 3) Primary access should be from commercial collectors. 4) Adequate spacing should be provided between primary and secondary access - preferably from a secondary site access (I.e. side street). POUCles A. The city should strive to faciiiiate the establishment and growth of high-quality public school r t 1 systems. r C YMW D, L,'W-errrre01Arr1HEk§r4 ECT Oarwao vtwan tarn axn a ~w w taro~n« ua rw be Page 110 i t , Revised Secdon 18 Schools B. Intergovernmental coordination shout be facilitate to the maximum extent posslbte, regardless of jurisdiction or service responsibilities. Efforts should be made to share resources whenever possible, and redundancles or duplication of effort should be eliminated. C. Local government projects should oomply 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 district, 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 facilitles as an Important criterion during the evaluation of Infrastructure capacity. V 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 t 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. School districts may provide their specific standards at the time of development proposals. b. The city and the school districts will mutually analyze student impacts of p oposed 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 stale legislation that would allocate adequate funding for mandated programs. e, Promote economic diversification In the form of commercial and industrial tax base to Increase evallable funding for future school facilities. c w~ oar u ucenMCOUrr~ntuws rug ~etanrwa~c ~n~an Anna axw a Mnui emw~e vw rw,es Pape 111 1 Revised Section 18 Schools B. LAND USK~-TIBIILI a 1. Goal A network of educational facilities shr,11d be developed that provides the greatest benefit to the residential areas they serve. 2. Strategies a. Coordinate with school districts to site future schools in areas that are best equipped to accommodate residential growth. b. Work with school districts to design school site access plans that mitigate negative traffic impacts. Develop typical site designs to help ensure consistency of design and compatibility with adjacent neighborhoods. j 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 0 Integrated school and parks/recrealion 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 facilige!i adequately. 2. Strategies 4 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 acquisiton, 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 w : h confidential Information will be shared, b. Coordinate city capital !mprovemenls programs with school district bond programs to coordinate the provision of adequate Infrastructure to serve all school sites. Elements to achieve Include; a Street Improvements immediately adjacent to and within close proximity to each school site; Sidewalk construction and rehabilitation Immediately adjacent to and within close proximity to each school site; • Water and wastewater line upgrades and extensions to each school site. , r Electric line upgrades and extensions to each school site; and, • Where possible, the development of parks and recreation facilitles that are Integrated with an existing or future school site. { CWr0 «444CUT OUPArNtwsatvw UCTONtWMARMIars+axwr4l*"C&lw*%WVAP er Page 1112 a c. Revised Section 18 Schools c. Assist school dist&U with the evaluation o future school locations that con orrn and take full advantage of the city's long-range parks, transportation, and utility masler plans. 0. CITY-SCHOOL, DISTRICT RELATIONSHIPS 1. Goal Engage In collaborative projects with the various school districts to maximize public funds and the functionality of public places. 2. Stratsgles a. Coordinate city capital improvement programs and district bond packages for the: • Jotnt purchase and acquisition of publicly held tend 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. Maxlmlze the use of existing city and school district facilities for multiple uses -I.e. after school action stles, community education programs. 1 r i rwrom..u~cecnetouvac w~[rwrMMSIPwowvtwanronaio-xNti WeA Ca •r wmP10 d Page 10 MON, c. Revised Section ZO Public Invoiha ent Public Involvement Is a cyclical process that Includes three primary fortes commun cation - notification (we tell you about it), education (we explain the options to you), and participation (you tell us what you think about it). 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. State law requires the city to post meeting agendas, notify adjacent property owners, and hold public hearings to hear public comments before decisions 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 law 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 notification for zone changes and other similar matters to property a 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 rjusstion. This was done after evaluations of the benefits of Improving the notification were In line with the cost of providing the notice. Other opportunitles to Improve pabllc notification, education, and participation should be explored and developed. Policies A. City of Denton stakeholders should be Invited to participate In all stages of city planning processes. City staff will develop procedures that activey 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 tool. The comprehensivo 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, and 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 cammunlcatlon over-saturation. { C Wp D « 13AA"CC+APrtcwcwr 1 PLAN UVOHSmono ARSO i cortr,axa N w a.n«ww ore e e Page It? r. fa vLsW Section 20 Public l11VIO~V~6111efft 11. 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 are invited to take part In planning for several reasons: • Democratic government guarantees citizens the right to have a strong voice In all matters of public policy. • Citizens often provide needed Information to develop, maintain, and carry out effective public policies. Local officials need comments and Ideas from those who will be directly affected by proposed policies... a~ • Citizen lnvolvement educates the public about governmental Issues. It creates en Informed community which, In turn, leads to betterdecislon•making. • Glving citizens a sense or empowerment and ownership In the development of policies, plans, and projects create a higher level of public participation and consensus In making government decisions. i a Citizen Involvement Is an Important means of enforcing our land-use laws. Having citizens Informed about laws that affect them and acknowledging their right of access to governmental processes ensures that the laws are applied properly. B. $J$A7JM i, Planning The best way to have strong citizen Involvement 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 public 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, d , e. Maintain a registry of stakeholders, interest groups, and Individuals with expertise or 1 Interests In specific processes or areas. Make qure appropriate Information Is continually distributed regarding projects, plant and development codes. C Wy D~~u'JAEE WAIAPREHENSN[ 15AN [EC110HJw0110 H~U0N [DRpi42Fp IhNNenM CavO* nn NM 69 Page 118 l a Revised Section ZO Public Involverr~ent f. In recognition of the cost of public notification, education, or participation, the city should provide 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 b3 recognized 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. Stale 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 widely: a. Information should be sent to the people most likely to be affected. This shouldn't be limited to the minimum requirements or state law. b. Notices should be posted Inconspicuous places such as public buildings, community centers, public gathering places, the affected property, or any other location 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. is. A speaker's bureau should be developed, listing city officials and other well-informed persons available 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 activities. They could be reached by notices placed In high-visibllity sites in high-traffic areas. g, City staff members should work actively to provide news media with Information for the public. 3. Public Education When major planning tasks arise, 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 a, Briefings or roundtable discussions with key community leaders and stakeholders. C WP D1&A4C1ETRCOQPatH[WAKMMCYONtAMMAJONCU V&WHF*^bNwc4r*~rw,in Page 119 } G c. ' Revised Section ZO Public Irnrloivtert11ent b. Summaries of new policies an regulations for the people and groups w participate or testify In development process. Explanations of the findings made by decislon-makers to help people understar J conclusions. c. Ask schools and teachers to help get students Involved In planning and participation on government. Many very successful curriculum modules have been developed for use In classrooms of all ages and sizes. d. Develop specific materials, using a wide varlety of media to let citizens know more about planning and development. Use of the pubnc-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 oonceme. Strategies should be used to get public oommente so that we have clear oommunication and constneve use of the public's Ideas. a. Public meetings in neighborhoods should be a requirement before scheduled public hearings for zoning changes. b. - 7$j public should ba invited to meet In places that are clean, safe and secure, are . handicapped accessi -.1e, and have plenty oroff-street parking. c. Times of public hearings and neighborhood meetings should be chosen to keep from conflicting with other events as much as possible, d. Telephone surveys, mail surveys, or door-to-door interviews should be considered when community views are needed to gauga feelings about significant issues. e. Speakers from interest groups or other agencies should be invited to make ~ presentations to the planning staff, public o',ficials, oouicit, boards, committees and oommisslons. f. Town hall meetings, workshops, charettes, and brainstorming sessions should be considered as alternatives to audience meetings when appropriate. g. Written records of public comments should be made part of the public record, and city staff should indicate a response to each comment. t~ A ew,con..wu.cceenrco+ion~+twnTnµtrceawwaavtra+~ionwawwcw~+ra.rwaee Page 1120 Revised Section 19 Maintenance & Enforcement e image a Community-its viability as a place to rve, a prosper -4s to a great extent determined by the condition and appearance of both public and private properties and rt'uctures. The degree of care applied to pubic and private buildings, roads, sidewalks, parks, u"Lpities, trees, landscaping, signage and other urban features reflect directly the vision and val. es Pinton's residents hold for their city. 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 slgnage, lighting. site furniture and transit-related Improvements within the public right-of- way in accordance with adopted standards. C. Tne 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 and that ensures the standards are not used as an Instrument for harassment of any person. LJ. Goals and Strategies A. PUBLIC ASSETS 1. (coals Maximize the service life and performance of paved surfaces by malniaining 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 right-of-way. 2. Strategies a. Develop and Implement alternative funding strategies In order to defray maintenance costs. b. Adopt and Implement pavement design and materials specifications that meet cost and performance objectives. r rc, Ensure that paved surfaces are constructed to meet city standards by Implementing strict quality control measures. l ' t d. Adopt maintenance schedules and budgets to achieve perfomtiance specifications l and desired design life cycles. ewykftT WWM'ThNCOWM[H[W"runIceraasrroimVTRWN E00n,a*nP*AWMC*'W*VAPW69 Page 114 I I Reprised Section 19 Maintenance & EnFor~cement 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-effeave way possible. B. INSPECTION AND ENFORGM-NT 1. Goals Promote community pride and economic values while curta?ling 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. Educate 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 exterior 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. 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 C Wr Da 1mW KTMCOMVREHFMr4ftM UVONSWADVERMNI IVO-XIF 111406k M F:WW"W" PW log Page 115 a a ' i i Revised Section 19 Maintenance & f* ( EnFoncemeitt target areas may added, as e e n y the city a se on the needs MR- community, 1. In order to educate the community of code violations, each year officers will provide property owners and tenants with a brochure of the most common violations. This will provide the community with proactive enforcement versus reactive. II I k y A' h l CWrDft~18'4curwca ftH[M%swMKCT*OWM Mearnio-xNaWeA Cwv "wrwbe Plod 11ti 1 i II Revised Section 21 Implementation Recommendations Land Use Rscommindatlon Implemenlatlon Action Prfr Ary Suggeiled Budget Responsibility ;'3;h•dut•. Sour" 1. Residential a Limit Sprawl Adopt Land Use Plan Planning & 1999/2000 General b Accommodate Develop New Zoning d Development Fund Balanced Housing Development Codes COBO c Meet Projected Develop Design Demand Standards d More Housing In the Core e Increase Density 2, Commerctal a Organize Adopt Land Use Plan Planning b 19991M General Commercial Develop New Zoning & Development Fund Activity Development Codes b Require Develop Design Standards Standards c MalnI& Dlversky OWN !+~~((~~yy^~ ~~!!¢~'-g~~'- y - , 1?'i:1~:1 TI aC it l~ "':A[74] 3. Industrial a Form pubnd identify specific City Economic 1999OW private Infrastructure needs of Oevelopment paMenlmips to each center and I address recommend possible f Infrastructure pubndprivate \ needs of industrial partnerships. 8 employment centers, b Ensure Develop performance Ptanning 8 1999J2000 General compatibility standards for IndusVal Development Fund within Industrial 8 uses through Pee employment development codes centers S with preparation. surrounding land uses. c Assist higher Perform a study of City Economic 2000!2001 General education education, Industry Development Fund Institutions In needs, 8 resources. creating ranks with private Industry. 4. Civic a Provide Adequate Develop New Zoning d Planning 6 199912000 General Pubk Facilities Development Codes Development, Fund, CIP, Develop Design General Granb, b Organlzetand Standards Goverment T%DOT Uses Adopt Lend Use Plan Provide Adequate { c Develop Budgets for CIVIC r Landmarks Projeuis 1 d Utilize CIVIC Uses to Lead 6 Guide Development caryo~~.~uucecnreouvacNrayerunaseranmwonovsasar.FammatrssawawwyFee.PWft Page 121 L Revised Section 21 impl~on Lind Use RagommendaUon fmpleinentatbnllctton PrGnary ;E60N'aW 'Bud 5. « _ . RiipBfisftillky' BchtiduN'' Eotrrc t, Special Recognize the Create a Downtown Planning 6 2000!200§ General DlsblcL physli--l and cultural University Core District Development Fund 8 Downtown uniqueness and and create standards d Univershy connecdvlly of the Incentives for Possible Grant Core downtown and development and Funding unlv"ItIss. redevelopment In that district. Prepare small area plans where needed within the district 8, Special Promote the unique a Revk w 8 update this 'Airport Advisory 20owNi General District: development 1994 Airport Master Boat Fund Donlon opportunities of the Pi;n. Municipal Donlon Municipal Airport Airport b Implement a Small Planning b 2000/2001 General Area Plan of the Development Fund Industrial Centers Oietr d Include airport 1999x2000 GP Funds ` Improvements in the 20002008 CIP, 7. Special Promote the mulll•use a Annex the shoreline Planning d 1999!2001 Water Dist kl: Ray functions of Ray and appropriate Development d Utility Roberts Roberts Lake 8 protect areas of Ray Environmental Lake theenvlronmental Roberts Laka. Compliance/ aspects of the area. b Prepare an utilmas environmental Administration assessme,it with a carrying capacity for the fake area. f c Creato a DlsMd Plan: 8. Public Ensure adequate Develop plans to General 1999/2010 Various Facilities: staffing space 8 Increase square footage Government General equipment needs. of the city's main Govern. government facilities. Mont Assess servicing d staffing needs that socommodale Cky popula0on growth and service needs, Prepare e future fedlities plan that accommOdelea eaAy acquisition planning, 9, Public investigate d plan for Ccnrbine locni0es with Polies, Fire 3 1999/2010 General r Faciliiles: centralized& other public facilities. EMS r Public decentralized facilities: Plan for Increased Fund i Safety servicing 8 staffing i r mods thal acconxnodate population growth. cwroa 'AMCI[ rftourrttntrurrsrunsscTaxsncaavsrsavtoonraxnn.nw~wc.vn.waPwsit Page 122 I `I 1 I` lr I~ Revised Section 21 Irtmplementatlon 10. Public Provide communily Plan for multi-purpose Poe" & 10001M Develop• Fvjses: wide fadK;es. facilitles. comn unity Recreation ment Fees, Parke & Parks, egwties center, Bonds. Recreation service canton, various General other facilities and Fund ensure adequate apace ,al' or the 4rvwirp nd. EM eclaoUpark fadltiee. "a. ,i .'.'tin sfl. .'xr t: f4 .,;'a1' ..~sl~ .+.~uJ t~ }hF ~C.:..1 r., It. Public Pmvlds expo Med Adopt the Library Muter Library 1000*020 General Fac8lties: Library services to the Plan with a Fund, Librettos community. decenballzed option Bonds serving the oommunlty I geogrsphkaly. Expand I these esrvkes a acquire s alles to build now libraries. 12. Publk Provide adequate Prepen an Ahpda Dentin 200012001 General roames: fachl0ea to Muter Plan MunldpaI Fund Denton accommodate Mura Airport Municipal growth. Airport HoSaing l TOliritandetfOn knp1e11wh , y qq 9l.`i061 1. Encourage ARordabh Develop New Zoning & Plannbq d 1000!2000 Genarei Housing Development Codes Development Fund 2. Make Houslnp Develop CompraMnshre Planning a 1 go012000 c88G Attainable d Conserve Housing Atlainabiny 0evelopmenl Housing Stock Strategy CNh oxr«,a~lrCSaTNk04PxEHENern nu~kCigNeWOPD VexagaldtAl?7FN M~YaNI Caro~erw Fresh PAQ~123 i I ~ I ~ i RIevlsed $@001121 ~lnpiementartlon 1. Expand the tax base Review Industry needs 6 Chamber 1999@000 Private by supporting businese development activities m=arketing plan annually. Development C tribu• to retain, expend & tioru, recuutl business. Ganerei Fund 6 Utility Fund 2, Promolo I business Develop marketing Cly d 1 69 912 0 0 0 Private ' environment within slrolegies and Chamber Sector designated Industrial associated materials to Economic Contrlbu. areas that Is conducive encourage dmlopment Development tlons, to the formation, of spaclk businesses, Geoerat retention S expansion industrial centers & Fund d of Industrial employment centers. Utllity Fund businesses. t'4 r4E..'';." ,'ice 1iCt :sum 3 Promote close working Create small ban Denton 1699/!000. CDSG rels%nahips between peckag4q eppodmItla » fFunds 9 lnanclal Inatlt Am S for orna9 business D Local Sar k ttxs"loudness through the Dentin S Funds community, Comm miy DmWrnQ- t Economic Corporation S other Development sources, Jy,ti-10 r7 4. Work closely w th local Create comMlon of DISD S city 200grml ( } school dl to Industry representatives Eoonomb Identity S aohteve S educators to identify Devebpmen! be sicoompelancies eompetencbs, Ensure j required for success curriculum addressee 1 among young psopts needs. choosing to enter the workforce upon graduation. 8. Offer Incentives to Develop a City Economic 1099000 General businesses based on comprehensive Incentive Development Fund S community prtoritles. package and guldellnee, LMIlty fund li I i k II 1" J I c wr oowT. WCKr cour KkM rus ssenoHnwaro VMS" aana+e "a.,tiw,w Cm VVPw~ sun ace Pepe 124 c I i t I i I I I I I i Revised Section 21 IM on Trwjws4ltort ~ rka4Gmnyndatio~ tmpletneritatlon Aetton ~ p(Iriliryi ' ~oo..t«t 1 Budpat ? tr rrR' r : Re~poPatbBlty~ C~chidufe 60 rte 1. Improve transportation efficiencies, a loop 286 between Eliminate at-grade C8y of Denton 8 1999121103 CMAO, US 380 East 6 crossings at Stuart d TXDOT Area TXDOT, West 10 be control Kngs Row, com art old Engineers City accessed highway TI slubout to pjbtio Office safety weigh station, d move trucks onto Loop 288. b Loop 288 Bypass Build now Loop TXDOT 20051010 TXDOT, 288seetion between IH FEDS, d 35 8 380 West without City at-grade Intersections, c Western Loop 288 Use the C I P funds to Gty of Donlon 2000 CIP _ Construct Cly roadway Datign! . between Spencer Road 2001, A IH 35 Ess1 at State Construct _ School d Develop new Feasibility study Is TXDOT• City, Mill CIP street sections 8 funded by Denton Denton County Feasibility/ street ROW County for 5500,000. 2000002 partners. Schematic e FM 2499 Develop tchomatka 6 TXDOT, City, 2000 TXDOT, obtain ROW from FM Denton County Schematics NTCOO, 218! to IH 35E, 2001 ROW Cly 2. Expand Traffic Include comprehonslvs Engineering & 1999 City funded CaimVng Policy package of solutions. Transportation for document. ad exlaft probiemsl Developer funded In new designs, 3. Devebp Traits Plan, Comprehensive system Parks d 1999 1996 Bond Including new slreel8 of trolls to connect mayor Engineering Funds trolls section, destinations. 1 4. Develop transit Purchase tend for Comprehenelve 199912000 CIP oriented design (TOD). stations where donations Planning 6 are not ava>labie. Locate Engineering j , near rap corridors. , l I I suiroav~uAscumcowcrtcNSxsrvtruussctwrrawdsovtRS,onsonrro-xNSar,wcee„n«„FwrwePage 125 I c, l I I~ II ~ Revised Section 21 Implernerrtation , Smplaregton + r a . t►dae4 f kL t r a c~ ` 3 a yz+G111[p[pJJ ypC Eourq S. lmptement inteAlpenl IH 35 MIS-Add E 6 T, TXDOT 2000/2010 TX[X)T d transportation rystems eamppoonnants such as, Cap, techrabgy. Irxkent management etc. Message boards on motor roads. Closed bop system, all city. 6. Develop publk Tranaltlon population Transportatkn 2000I200S L Cityawareness a sign from Single Occupant & EnglneeMp 6 CMAO. 6 for TDM 8 transk Vehicle's lo other Publk Retalbns others b be mobility modoa. identMed 7. Link now Reduce external hipn by Engineering d 200012010 Prfvste, developments 8 use allowing other modes of Transportation, CIP, densly & urban village transportation to address Planning 6 Federal coneapts. non•work tips. Development Transit -Program, Smart Growth Program d InNotm d. Use Street, Urban Design of new atust Cit~yy Private, 2000/2010 PrNsts, Design, Landscapi g, section d each Pubik d PrWts CIP 6 other comprehenaNo component to *0minats Wily plan sections to randomness that causes Companies l marmots ROW destucllon of competing fu~~nvv~c.~ttiona'l,yity Weti S ~p J g. * Reduce hsadways to Complete Transh SkWy City, Span, 200012010 FEDS, gain more regular NTCOG TXDOT, Odom 6 service new CNy Customers, 10. Use roadways to rParallel roadwoys CIly, POWs 20 0 012 0 1 0 Prlvals, complement 8 support outside o1 d alongy greanbetls, greenbelts, I I I I 6 J ewroa~.+.wcnnncoMrrasawrarsscraeswaovtssontonn+aossaaewrreeyw.nasrw,a,e Pape 12® t l l F U 4 1 Pay1wid Section 21 WaMrJiMde~yy1 i ' E 1 rrtyftaprtlr'Matloel°cdon i2Reacibfl~R,~Y ~k~uU bout . IBC:.^"r'f "+t~'• iA'~ .;.'r."'.;. 1. Insure future water Renew the CIVs Water I NON000 Rates Guppy DY developing untreated water guppy Department determined i kxlg-lemti water guppy contract with the f•.t In future contracts. Dallas. Continue reglonai planning Vro Clry of Initiatives with Region C. Dallas at Sims of purchase. 2. Expand water a Build a 10 MOD Water 2002/2003 Water Fund Treatment capabilltke. water treatment Department ($Is,7 M) plant at Lake Ray Robe+te. (Expend by W MOD In 2007.) b Add Ave storage Water 200012020 Water Fund tanks for a total of 7 Department (19 M) M4"the nod 20 years. p y~q~y Y'1+tl L.4~ ~C~e ~ CY:k3 ~it,'d]W 3. Increase water storage Construct two new ' Water 200012005 Water Fund capablWas. booster pump stations Department ($11 M) with ground storage fecil10e1 ~er:.~4~ .~:~i~ .~S~b>.~s<;'f' :~rY'~ ..i-• '.r~a~ ,,W1.~1t;,, b ,':'a~:. ~ 4. Insure that Design water dletdbcd{on Water Continuous Water Fund transmisslon 8 system to Increase Department distribution systems fkxibtlly In the retlnlnp of ApproAmet can handle Ire tanks. ($2.3 MPY) Increased demand from population growth. . 5. Maztmlza raw water Develop a water Water 1000 Cost to be supplies, conservation program to Department determined reduce per capita water pending use, program design. 1 i~ A I 1 CvMOowirr,~UxstrncouraaKnslvsPtAaIECTbNaiMgllavaalgNl0nef0ilMb.h4WCawrnwMlrMar Pape 127 1 u c. ' i RAWhied SecdcM 21 Implementatlon w'e ,R'S°rrr !1,n ;y ~ImQfwr»nkairenaat I p}~a~f li~ .~+y* e L ,1 [ 1.' Y , r : f ~ ~.iV a f dMFTCA ice ,i' i a ~4 r.i lll• 7 ih'~ws. ~ k. ~ a 6.K ittYre . d. - • a,, . t .1 ~ 1. Provide adequate Continue to update Wastewater I M Wastewater wastewater services in wastewater k i3tr uiure Department Revenue compliance with pion. developing environmental regulations for anticipated growth in the oommunhy. 2. Expend bersaWal use Offer wastewater effluent Wastewater Beginning Revenue of wastewater effluent. for commerdal & Department 109gop producing Industrial uses, such as Parke, goM courses, d the City of Denton Tree Farm. 3. Expand recyckq 6 Increase compost Wastewater Beginning Revenue reuse blosotid pmductlon through • Department 1099999 producing programs. eggresstvs marketing. 4. Protect surface and s Provide wholesale Wastewater Beginning Wastewater yroundwelof supplies wale( services to Department 1989 Revenue Iron contamleation by enUges in the Sepik systems, Hkkoryry Creek wolershad, / b Utilize aggressive Was *water Beginning permitung, Dope, lmemin 1999 monftoft, and coNundlon with enforcement of on. Denton County she sewage fadilles. & Detsrmfns the impact Develop an accurate Wastewater lgg9120pp Wastewater of the wastewater tmOronmanlat Impact Departrent Revenue treatment plant's evaluation model with the effluent on the seststance of the environment. Unlvershy of North Texas, J J ~ r ewryoa sweearecoMnreMSwrotr~u(sserawwowveaaesara.raaaati100 Ov ,w,wwrww Page US i r ~ 1 A U I 1 Revised Sectlon 21 Implemenl~tlon t flioftnwat•a ~ "ft•co~I+daitoS , ~ ' (Tpt•m•t(trai(on~etio(fT ~ °,i{rAir1! ' a ~~~'~q~i' ~ ~Ilddp•t f. Improve drainage a Address street Drainage BeglnNno Weterswast, capabIlities during flooding. Increase Department 1098 Swale( i flooding actuations, channel capacity, d Pevenue remove existing ($40 M) structures from the I Myear ffoodplain areas, b Adopt an eggres" Capital Improvements Program to fund upgrades. C Develop regional detention ponds. d Upgrade Nod monftorkg system. ! iY"' L 3i s ff 2. Improve water Quallly Develop new drainage Drainage IMMIX) . General by Wting reclomallon reguldone of Aoodplafn property, floodplaln Iprovements Department Fund that will most Oro 100. year floodplatn f r restridbn. 2 3. Protect water quality a Address stomrwater ComprehensNe t 09912000 General from stormwater Issues on a Planning Fund runoff. watershed basis. Dlvtelon with (s50K) City" b Develop restrictions departmental related to runoff from Input construction egos. C Monitor & enforce a9 construction activities. i d Develop an education program for citizens. I e Develop restrictions related to runoff from construction ahem f Establish natural ehonnels where possible. r 9 Propose prstreatmonl of / water before 6spoal at each Industrial alte. cwro~m.uacacnMOUwuHSwsntrv>,sac*snows~ovstisrousarrroa►ea too esnyrew"nna,s Page 120 `i 0 Revised Section 21 Implfinentatlon a v» w 'let d'~uP~srr' s s,souroa i 1 Protect public health, £19cient a 000 effective Sold Waste 1909/2000 Operating reduce Iltter 8 fuglWa 0olectIon of sold waste. Department Budget trash a enhance community appearance. ,r xn 2. Ensure environment Is Ensure proper disposal Sold Waste 1999/2000 + ti Operating adequately protected, of told waste. UW[zs Department Budget monitoring and protection systems. g 5. Encourage waste Construct s Materials Sold Waste 109912000 Revenue minimization and Recovery Facility {MRFt. Department Producing maximize material recovery and reuse. Electric Reeommindatl0n 0~;,.rylmpl rhaikisill"kflw-' I IN 1 y Skiiested Budget , a} :r...,.i~."st1 .~."+ix~tl`dPi"k.t~ MA- isrlil~~l~~' uN_.4tsoureac"b4 1. Provide safe and a Purchase cost Denton 1999/2000 Operating reliable eleclrto utilities effective pc war. Murklpal thst will meet Murs , Electric demands.. b . CoMlnus to expand the Installation of underground distribution Facilities. c Maintain rapid ( L .f response times to customer outages. ' ,~F. Ft w~~°iSd a. ~ r~i::ah~:,i M1l~~~r'p'fVT ~~,~r~aFri: f:+✓4/~~~~~':~.i 2. Ensurs that electric a Promote the use of Denton Ongoing Operating utility and operation Is underground Miles Muntcipal Budget environmentally and in new Electric , aesthetically sensitive, developments. b Contlnus overhead to underground converebns. 2• Use cost effective Cooperate wllh puWd Denton I99912000 Operating methods to deWop and private utility Municipal Budget and maintain the providers to expend the Electric electric system, use of underground uUlltles. i eryouvwuwcenHCOUras wsNSOUSSSnanawaavuaaue0rrs,oas"ArOMWCww#w"PWAw Pape 130 A G Revised Section 21 Impiementlon ' I Ra F r b r, jd P . r lenwntaUon xa w s_ dt3 . a k rll - u 'fa ,t w`Y'l ! k~1~sr ?i ~y ~ao m 1 • Complete N Parts, a Develop an RFP for Parka 8 1090000 Recreation & Open contract services, Recreation Space Master Plan, Including Trolls. b Soled & him a consultant Ann & draft plan with public Input. C City Counc9 AdopWn of the Master Plan. 2. tmplement acqulaltkn a Work with Council. Parks 6 199912000 General a development appointed CIP Recteatton ObNau0n projects proposed by committee to Bonds, ft master pian. develop for Revenue the year 2000 bond Bonds, program. CeH&Atea of Obligation & Oliver b Acquire community 2000/200 Bonds 6 parka in south 6 Park I east Denton, Dedication Funds c Develop projects as 200512020 General required for futon ODtigstion bond programs. Bonds, Revenue Bonds, Cori cater of Obggation 8 other rr C 'r c+hO*Vwb ACUTe4oMMxwkV4riAMsKt* R o w aMCanprlwpr plmfta Pape 131 r. cr Revised Secdoln 21 Implementatlon hieaflott~r ' thRee$mmada8on~ {;IrnplartrntatlopAegoil Pr ~ ~}~udpat Ra Wtlny ujelr, Oour+ee V~1{~~~e f `.f r1 ; ~~PV'M, •u~Rr Aiwfi .^t :Y JrLtl.~°r'~f F. T-;7X i.u 3. Coordfnata park a Identity land andror Parks d 2000/2001 General eequisNkn S easements required Reaea6on, CbCpalkn development with to establish Plennkrg & Bonds, urban design, segments of the trall Development, Revenue transportation, 8 gnenben System, Engineering 6 Dome. drainage d as outlined In IM Drainage Certincetes conservation Parke Maeler Plan 8 " of objectives, other City plane 6 Obligation dram Strategies for 8 other Implementation, b Acquire easements Parks & 2000!2004 Bonds d and land at required Recrea0on, Park to establish targeted Engineering & Dedication tralvgreenben Drainage Fwds segments. e Wontly Slgntikant Parka 8 2000/2001 ;2 General stank Newest, Reor"dw, Obllgatlon CUNMI 6 PlannkV & Bonds, environmentally Development 6 Revenue Sensitive resources Drainage Bonds, to be protected. Certificated Dran stntegles to of aoqulrs "orilmll Obilgation dovdopmenl. 6 other \ 1 I er P ry 11 ` c • t' e uM ooe awcssmrtaurna~ rwra run NCrbnemone Me*" ro re+eaer n rr.r oerow rw rLnare Paps 132 t RleWsed Section 21 Implementation Parks, A@bo;Mniandaiion t Irnpl~jiwnteUon Acdon ',Primary' ;BUg- - (W ; ;Budget Rodt4atlon t iReeponsiblllty lehoduli : source open space 4. Coordinate the a Acquire parks per Parks 6 1999/2004 Bonds d ecquisftbn & Parks Master Plan & Recreation, Park development of parks other servlce plans Engineering & Dedication with the siting & during 2000 to 2004 Drainage Funds development of other CIP, public functions, in accordance with b Identily & acquire Parke 6 200512020 Bonds d Netghhorhood Service mule-purpose vitae Recreation, Park Centers. In future CIPs. PlannGg d Dedication Development, Funds DISD, Engineering, Drainage, Fire, Police, Library 5. Establish recreation a Complete the Parks 8 199912000 Annual facilities that generate Revenue Recroaton Budget surplus revenue to Enhancement Study, subsidize other park - identifying poterutat . , operations. new profit centen, b Draft pro forma & Parks d 199912000 Bonds b business plan for the Recreation 8 Annual equatie center, to be DISD Budget / jointly funded S 1 operated with DISD, c Secure funding d Parks 6 2000/2020 Bonds R implement projects. Recreation Annual Budget 6, Regularly vollet public a Conduct periodic parks d 199912020 Annual participation In surveys of Denton Recreation Sudgel decisions related to the citizens regarding pravisWn of parks 6 parks R recreation recreation services, services, b Update the Parks, 200412020 Bonds & Recreation & Open Annual Space Master Plan Budget every Sys are. Environmental Rseommendation lmplemeintatlonAction Primary suggested -,Budget Management Rosponilblllty schedule source 1. Provide City Piannere Use assigned ecological UVlitiewUNT 1999/2000 UGlfties and decision makers values to determine what with a method to type of growth Is eystems tics IlyNoDlify, compatible with each evaluate, and habitat area. rynthesize various 1 environmental aftrlbutes. cuyo~M%W1ETrcoMPMHCrasMnANSCCrawswonovEnsa+torte+asator r.vvW"Cm **1*4Fr rift Page 133 Woodall t Revised Section 21 lmplernentAdOt1 Envlranmaptai - RacomrmndaUor~ s{ impjenwnistIon Actlon Primary >p i s,dupgasfiQ ¢ Budget Managame Rnlionalbllity r Schidula Souris 2. Preserve open spaces Acquire property GO, Utilities 2000+ General considered to be of Fund, high value by the City Utilities of Denton, 3, Require proposed Develop Utilities 1999 NA developments In Ordlnance&ORC protect the natural Process resources associated with the development site. 4. Encourage "Green Partner with UNT to offer Planning g 19OMDD0 General Builde' standards, programs for Development, Fund & construction crews, Utilities, UNT Utilities contractors t1 developens. Offer Incentives for use of these standards. 5. Educate public about Expand Public Education Utilities 1999/2001 General value ena 'oonservation Programs Fu j, of natural resources. Utilities 8. Encourage public Provide alternative Streets, Parks, 1999+ General transportation transportation, mass Utilities Fund systems. transit, bike and walking paths. 7. Encourage public Adopt density and Planning 8 1999+ General transportation development standards Development Fund efficiencies. that increase population density. 8. Preserve foodptain Implement and enforce Utilities areas to improve water floodplain zoning Planning b 2000+ General quality and malo(ain restrictions. Development Fund, foodplain habitat UUIiUes Acquire and preserve 190 year floodplain and conservation easements. 9. Minimize Impacts and Develop porbies to Water 6 Waste 1999/2000 Utilities restore the riparian manage existing R Water, Drainage ecology to minimize proposed development my hazardous oondtions adjacent to floodplains or associated with bodies of water, flooding, n l 1 ~ c C Wy Doc tv MCeEiMIAMPREMEN3N4 PLAN 3ECt10NSWM AK&ON rdTt,I0-2690 P&^.x44 Cavew YN Pw Nt Page 134 1 1 ~ I f Revised Section 21 Implementation \ UrbanDwlpn Rac6mr4ndaffon impiornentatlonAction Pdrniry irSupy~ifid Budget RiipoosTbilky i sehidufi , jource 1. Conduct an nalos of Develop an imago Planning b ' 1999!2000 General the City's urban form 9 Analysis Plan 6 Development Fund or c diagrammatic: develop a Urban Design Grant reflection of the quality Diagram. Funds level In the urban 8 architectural environment. 2. Through the Zoning b a Prepare design Planning d 199912()00 Funded Subdivision Ordinance guidelines 9 flevelopmenl through the revision process 6 standards for urban Department Develop- other means, provide villages, Economic ment Code design guidance, neighborhood & Development 6 criteria, S performance mixed use centers, Department associated standards. regional activity Main street regulations. centers, community Engineering activity centers, the downtown university core district, other special districts, Infil development, d general design. b Prepare visual 1939/2005 General preference surveys Fund 9 S design guidelines Grants for Special Districts, Including Special Nodes, cowdors, d Gateways, & other special areas. 3. Develop special design Prepare design Planning b 1999x2005 General criteria for certain guidelines for special Development Fund uses. uses such as: The Street, Transit, Public Art, Landmarks, Environmental, other special Issues. 4. Monitor & Evatuate Develop a procedure to Planning 6 1999x2020 General new development monitor 8 evaluate the Development Fund quality of new development & decision making compliance against the context of the Urban Design Strategy, 5. Education of the public Develop a program to Planning 8 1999/2020 General r regarding gvar+y educate 6 Inromr the Development Fund design. public about quality 1 design, its impact on the I J + economy, the Cry, environment & its sustatnabiliy. C'*DavmenWwceenreaurraWNV4runWrONSAoaovsasasrorrsrazarsn.A; 04CoWW~ MW a,e Page 135 t I •I III I Revised Section 21 In~lementation rba ~Dasl n . ndst(on ~ r 1m emrantsllo Ae sipbrls~ ~ ~ ce ' :Budpt fi P Pf bon Prym.~y =114111! Ito I •{Mi ~ 3ovr°Sour e B. Design Review Develop a Design Planning & 1999f2000 General Review Program Development Fund Rocoinnxndetlon Implerr»ntadon Action Prt ry 1 cllugpisi Budget Preservation IR„`- naibth tachiduli Source 1. Preserve the unique 8 Encourage voluntary Main Street 1999/2005 Private distinctive cultural, landmark designation. Program d the Ongoing Sector historical d Denton Historic Funding architectural features Landmark of the City. Commission (HLC) 2. Identify & create Use recommendatioru Main Steel B 2000!2002 General additional historic & from the Historic HLC Fund conservation districts. Resources Survey & from Historic Landmark Commission. 3. Enhance the historic Marketing of downtown d Main Steel 8 199912005 General tourism potential of other historic areas. the Convehdon - Ongoing ' Fund, Denton. &M511ors r,tw' `co- Hotel-Mots; bureau Funds, 5 Private Sector 4. Protect individual sites Encourage the use of Main Street 6 1999!2005 General or areas ldera' as Property Appearance HLC Ongolno Fund { i historic, Guldellnes d use tax exemption for historically significant she! (#98. 110) 5. Protect remaining Create a regtstration of HLC 9 Main /2000/2001 Private archeological sites & catalog system street staff Sector & resources, for the City. liaison C"fied Local Govern- ment Grant 7 0. Explore opportunitles Study inoentives for Main Street & 199912001 General to encourage development, Planning 6 Fund redevelopment of sites redevelopment, 8 Development Q restoration of historic restoration of properties structures In the and structures, such as, Downtown Universities relaxed development Core. standards, review processes, fees, & other means. . I C coo, tawc erftouvrv Hcks" rum srcnow voow vea" eerrm%.mK x an,N cero,r w4 Pw sx Page 136 r c I t ti f RlevisW Section 21 Implementation 1. Develop standards Prepare subdivision ftht-of-way 1999000 Various from concept wNhIn regulations 8 standard Committee Department IN StreeC. detalls of the stroet et 2. Sal up design Streets, UN081, street Right-of-Way 2000 Various specifications lo landscaping & Was. Comnitiae Department maximize lee ryde or fumiture, etc., OR to be Budgets various design Included In design components. parameters. 3. r Require installation or Require within the Rigid-of-Way 1999 Various ail udwas prior to Subdivision ordnance a Committee Department placement of franchise agreements. Budgets pavement. ..I $t~.l+iq~ 4. Establish landscape Pleat street trees 8 place Right-of-Way 1999 rVarious area as spec fically other landscaping in up Committee Department reserved for that front. Budgets _ purpose 5. Coordinate right-of- Prepare utility service Right-of-Way 1999!2000 -14rious ways far the street with plan. Major transmlaelon Commititea Department uliftes to determine Rnee 6 c0ner cross town Budgets ultimate rl blof-ways. tines (dent flad, 8. Use new tranait Use Transit Oriented Right-ot-Way 2000 Varous service plan to Development, MUW Committee Department Integrate Frank into model Interaction a Budget design concept from reserves of all roads low to arterial. n. Tha Edge allon 1. Revlew areas within Prepare an annexation Punning 8 1999f2000 General the planning area far plan. Development Fund e xpanslon for control r wllhln the city limits. C Or ~N9N[PW1 eECTO&WORD AMPON tMatatsso ft**a 4Cura**W. pw,OW Pape 137 i h Revised Section 21 imple~~nentation is aiulkl -AM ~s,' ftsco dsiforipz Impbm 'nla~ort OUM11 1, Devalop programs end a Develop a consistenl PlannYplSchool 2OW2WI General processes b witate approach b Districts Fund schools Within N evaluate the Impact CIP community. of proposed residential devebpmentonthe various school districts. D Determine the adequacy of schools within the community by developing a program that determines school needs. i e Develop a process to ~ share development proposals with ► school districts, d Develop a progamm to promote state iegisletion regarding school funding. e Develop a school one selection. assessment & acquisition system In school confurOw with the for their use. , f Develop a proafem for Joint schooi*V facility acqulsftkn S use. i • III 1. I C uy D=PwIIWCKTMCOMPPaN[Na4MnlEOnOMt~v+oaO VFaareX EDrrataxa bA4WC +r~w llrn.ror Papet38 I c Revised Section 21 11-1 Komi tAtion Spoelal Topfc: , Reeommindstkn (mpfortidntatlon Aetton Rim , ; , $u Wiit*d ; -Budget Malntenanc b 4ponsry• Ibllky SohiduN Sous Enforcement' _ 1. Ensure maintenance of Develop a program for Building 199912000 General fences, private pedodlic inspection d Inspections Fund property paving, enforcement, private structures 6 apartment structures. 2. Evaluate enforcement Become Involved In the Inspections 199912020 WA Issues during the drafting process for an Division drafting or ordinances. proposed ordinances affecting Inspections & enforcement activities. 3. Remove Visual blight d Target specific problem code 199912000 General public nuisances, areas & Increase code Enforcement Fund enforcement officer preoance in these areas. 4. Educate the Provide property owners Code 199912000 General ` community on code 6 tenants with a Enforcement Fund violations through brochure of the most proadlve approaches. common code violations. 5. Improve public assets Adopt standards for City Wide 1999/2001 Various appearance & defray design and maintenance Funding public asset of public assets, with Mechan• maintenance costs. responsibility guidance Isms by programs, Department Form publIclprivate partnerships for maintenance of facilities. Create d promote community programs for maintenance of the City's assets. Adopt schedules & budgets that achieve performance standards. Public Recommendation ImpfernentatlonActlon Primary , SuygMted Budget Involvement RaspoAsiblllly 'Schwule, Sou ce 1. Develop public For each process, Planntrrg & 19911120011 General participation prepare procedures for Development Fund procedures. public participation, notification & Involvement, 2. Develop public Provide programs 8 the Planning 6 1999/2005 Genera[ education programs means for public Development Fund , educawto the r community, \ I C^Mr Co (a MCDETW-OU kENEN9rr4"sECTIDNSIV,'DRo VERSION EDR1,14769VpMNCnNCurvrwrvN l~n.Eor Page 139 Revised Section 21 implementation A Master Plan Implementation A. Denton Mobility Plan B. Transit Master Plan C. Alrport Master Plan D. Water Master Plan E. Wastewater Master Plan F. Stormwaler Master Plan G. Solid Waste Master Plan H. Electric System Master Plan 1. Parks, & Recreation Master Plan J. Library Master Plan K. Community Development Master Plan Ill. Special Districts A. Downtown University Core District B, Dento i Municipal Airport District 1 C. Lake Ray Roberts District D. Special Corridor, Node & Gateway Districts IV Small Area Plan Development A. Elm•Locusl Small Area Plan B. Fry Street Small Area Plan C. Downtown Small Area Plan D. Southeast Denton Small Area Plan E. Others Identified In the Future V, Development Regulations, Plans 8 Issues A. Unified Development Code B. Infill Development Regulations C. Special District Regulations 0. Image Analysis Plan & Urban Design Diagram E. Urban Deslgn & Architectural Desln Regulations & Guidelines F. Special Issue Design Criteria G. Adequate Public Facilities Ordinance H. Development Services Plan & Fee Structuring r 1. Development Incentive Plan C W, Oau~ 416ceErroCOMPREHrwncruti SEcranrwoim VERSO EnrMICIM" R.•aaw w.ore~ FW e: Page 140 c 1 f i Revised Section 21 Implementation ( V1. Annexation Strategy & Plan V11. Capital Improvements Program Vi11, Budgets, Bonds & Impact Fees !X. _ Grants & Federal Funding Programs X. _ General Government Public Facilities Master Plan A Plan Performance A. BENCHMARKS & INDICATORS Benchmarks and Indicators tell us where the comprehensive plan is, has been and what direction it is taking the city. For example, these indicators may come from assessments of growth trends, built environments in the recent past, taxing abilities & ratios, and how often the plan Is amended. Typically, a major assessment of the comprehensive plan will take place every 5 to 7 years. Where assessments Indicate failures within the plan or changes in direction from the Adopted comprehensive plan, a potential update of the plan is foreseen. In an effort to track the comprehensive plan's performance, an annual report will be prepared with updates of all statistical data and recommendations for rt;vlsions to the elan if necessary. The recommendations within the plan gulde the development of implementakion toots. As these tools are produced, this will be updated and amended where new implementation priorities or tools are recommended. B. COMPREHENSIVE PLAN AMENDMENT The comprehensive plan amendment process Is a new tool to track the viability of the comprehensive plan and allow the city to review potential amendments to the plan, whether the amendment is viable or not. The process is established to protect the plan from misuse, keep j the plan a living document, protect the will of our citizenry, and potentially allow change to the comprehensive plan where the viability of that proposed amendment meets the Intent of the plan, . The amendment process will be part of the zone change process within the develo pment regulations. An amendment to the comprehensive plan will require public review and City Council approval prior to any zone change action. In this way, the city can track changes to the comprehensive plan and note potential problem areas or areas of the plan that may need to be I I CWy Domnmb'YCBETMGpMCRFNEN9RRlAN SEGTpWtVARp vER9xx~EIXi~/W6N a,~Ya.w CMpY1MY.~PYn ex Page 141 4 U i Revised Section 21 Implerr~entalion amended by the city. The amendment, where approved, would automatically update the land use plan should it be affected by the amendment. I i f cw,ooeR.4wceeT~rcovn¢wc runetnawNOwvu~aiorn+oxM~.a.wwCWV*,*,PWd, Pape 142 r i LEGEND Subareas r`-- Roads r ( ro Lakes J y ; w eq, lirbani2{n0 Area In ETJ rw....w.d epprm, i .wawa dwlVrae 3% N51e ETJ rcwwl e.lw~ra.r+Ylra Smis;TJ W?JEW my r" < A3 Nj -J 1L - .i 4 s ~L- r d r r f 1 I .A PIOPULATION FORECASTS BY SUBAREA MAP " f October • 1899 eoMC fr.r... n+s k w ewrw I Denton dy LrW Areas sewn Ohl wrn 6e n;sr.w #A coy eq wa D:3wbwj*,arr LealY SIAM rrnlnOandDevebpmentDepertmenl + r.wr n.r+w«m r. M 221 N Eke m a "Wu qpA a • eh wre r kwrr usr+sy Ri A Am raa >tk ee"~sir" M3% Mae RJ In" DeMon, Texas 74201 Hl li a..w art a.Mr.l v.m.wr.a M rhrr {940 3114360 tra w rrw w« Mw w r r+a MUNI% lkaaa -L T--~1 _ _ LEGEND Loh fty fte.,f ( w ' _ Existing Roads Future Roads Lakes 1DO Year Fioodplain . / -tee _ Developed Areas of Floodpfein Future Land Users r ` E Rural Districts s ~ Existing Neighborhoods / Infrll Compaedlity ` - Neighborhood Censers ' Downtown University Core District Community Mixed Use Centers Regions! IMxed Use Centers r ~ ~ Employment Centers t 4 Industries Centers Krum V % 5, I ° i y,"w rr~l ~ 7. p\{ice jr Ir 1 414444 } 1. r. I r 4 4 pw- 1 leg fl 1 r Figure a. DRAFT - CITY OF DENTON FUTURE LAND USE PLAN `v OCTOBER-1999 City of Denton Planning and Development Department 221 N EN xas Local Govern Code: 219.pppp~~ Denton Texas 76201 1A9 ensrve an shall not oo to a zonkv regulations (940) U9-8350 or esta ush zoning drswci boundaries." 1:7250 t LEGEN • rwuw r.nrnw. m~~rn.arvi s mwr....wmow..aU .a..w ..e.rw.ur unu.. uawr m:.o.ww4w.rrNew I l I ~ r I` _ :IT • ~f" f J~ j 1 ~ Z__....__. Z Figure 6.1 CITY OF DENTON • MOBILITY PLAN ROADWAY COMPONENT OCTOBER • IM city of Denton N GIS • Enoineerirq I TroniyorhUon 221 N Elm AU" Denton, tour 76201 W01 34MI6 { ill II I i Exhibit D l ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS ADOPTING COMPREHENSIVE PLAN AS AN OFFICIAL POLICY DOCUMENT INTENDED TO GUIDE FUTURE COJIMUNITY GRO"TH 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 Planning Policies on April 7a, 1999; and WHEREAS, the City Council adopted a Growth Management Plan and Strategy on January f 91h, 1999; and WHEREAS, the City Council has determined that a Comprel.ensive Plan is necessary to guide future decision-making related to growth and development of the Qcnton community; and ~ I 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 p-irpose 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 i 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 F h between a comprehensive plan and development regulations and may provide standards for determining the consistency required between a plan and development regulations. r , WHEREAS, a comprehensive plan may be adopted or amended by ordinance following a hearing at which the public is given the opportunity to give testimony and present written evidence I 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 i EXHIBIT D J i WHEREAS, the comprehensive plan does not limit the ability of the City of Denton to prepare other plans, policies, or strategies as required, and WHEREAS, 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 co,ducted more than twenty-five public meetings and public hearings devoted to public review, comment, and revision of the draft comprehensive plan; and WIIEREAS, 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 120, 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 µTitten 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 THEREFORE j THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: { Ii! SECTION 1. That the findings set forth in the preambles to this ordinance are true and correct and are hereby adopted. SECTION 11. 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 and development regulations and to promulgate standards by which development decisions can be reviewed for consistency with such policies. SECTION III, The 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'h, 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 I1', The Denton Comprehensive Plan may be amended by ordinance by the City ; 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 proposed 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. 2 - EXHIBIT D , WHEREAS, the comprehensive plan does not limit the ability of the City of Denton to prepare other plans, policies, or strategies as required; and WHEREAS, 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 F WHEREAS, the City of Denton conducted more than twenty-five public meetings and public j hearings devoted to public review, comment, and revision of the draft comprehensive plan; and 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't', 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 f give testimony and present written 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 THEREFORE THE 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 and are hereby adopted. 3 SECTION 11, The Denton Comprehensive Plan 1999.2020, attached hereto as Exhibit A, is i 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 f growth management policies of the comprehensive plan through the adoption of consistent zoning and development regulations and to promulgate standards by which development decisions can be reviewed for consistency with such policies. SECTION III. The 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`", 1 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 j between these documents, the Denton Comprehensive Plan shall control SECTION IV. The Denton Comprehensive Plan may be amended by ordinance by the City e Council, upon prior receipt of an advisory recommendation from the City of Denton Planning & ! r'- Zoning Commission. A minimum of one public hearing must be held by the Planning & Zoning Commission and City Council before taking action on proposed 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. 2 EXHIBIT D ci SECTION V. That this ordinance shall repeal the Denton Development Guide and the 1988 Denton Development Plan, and these documents are hereby replaced and superceded 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 declares that it would have enacted the remaining portions despite any such validity. HUION VII. That this ordinance shall become effective, after its passage and approval, on October l9` ,1999. PASSED AND APPROVED on this the _ day of ,1999. 4 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: BY: 7kl~ /;4zv HERB PROM, CITY ATT EY { J EXHIBIT D r f. ..L 7 + AOerrds No, AGENDA INFORMATION SHUT Agoldaftem Date AGENDA DATE: October 26, 1999 DEPARTMENT: Planning & Development CAI/DCAI/ACAI: Dave Hill, 349-8314 SUBJECT Receive a report, hold a discussion and give instructions to staff regarding implementation of the Fry Street Small Area Plan, including the creation of a Fry Street Zoning Overlay District. BACKGROUND The Fry Street Small Area Plan was adopted by City Council on June 15'h, 1999. Since that time, staff has been working to implement the recommendations contained in the Plan. Current efforts underway include four major elements identified below. The first three elements require continued work before specific project details will be available; the fourth element is presented for Council review and determination of appropriate approach. I. Proposed Capital Improvements The proposed 2000-2005 Capital Improvements Program project list that was approved by City Council on October 19, 1999 contains a $250,000 finding recommendation to make street, sidewalk, and traffic-related improvements in the Fry Street area. Provision of the CIP funds is contingent upon area property owners and merchants creating a Public Improvement District. 2. Elmralized Dumpsters & Revetments The Solid Waste Department has $20,000 budgeted for revetments in the Fry Street area. Planning staff is working with the affected property owners, Engineering and Solid Waste to reach an agreement on the best serviceable location for centralization, design specifications and costs. 3. Formation or n Public improvement District Fry Stret area merchants are currently working with property owners to develop a petition to create a Fry Street Public Improvement District, The PID will generate limited proceeds that will help finance needed public improvements in the Fry Street area. 4. Fn, Street Zoning Overlay District: Pro osedRegulations The Fry Street Small Area Plan recommends the creation of a special zoning district to address off. street parking, minimum area and height requirements, location of solid waste containers, residential densities and sign regulations. Ordinances against loitering and prohibiting glass containers in the Fry Street Area are also proposed for the special zoning district. A On September 15, 1999, a meeting with Fry Street area merchants and property owners was held at r J \ City Hall "lest to discuss the creation of the Fry Street Zoning Overlay District and the specific requirements of the district. A total of I8 stakeholders (merchants and property owners) attended the meeting, and three merchants provided absentee input. The Stakeholders present at the meeting I i t i tt overwhelmingly agreed to the creation of a Fry Street Zoning Overlay District. In an effort to preserve the general character and scale of the area and to prevent incompatible development, general standards for area and height requirements were developed. The height and area requirements; location and consolidation of solid waste containers; maximum residential and nonresidential densities; and sign regulations contained in the Draft Fry Street Zoning Overlay District Ordinance and the draft Loitering and Glass Container Ordinances were approved unanimously. with only a few minor adjustments. Parking was the most discussed issue. The stakeholders were asked to determine which of three parking alternatives presented in the Fry Street Plan offers the best solution for the area. Alternative 3, which exempts non-residential development from off-street parking requirements, received the majority of the voles. A summary of the three alternatives is presented below: 11 Reduce the parking requirements for existing and new restaurant, retail, private club, etc, from 1 parking apace for each 100 square feet of floor area to I parking space for each 200 square feet of floor area. 2 Maintain the present number of off-street parking spaces associated with existing development. Exempt new non-residential development from the provision of additional off-street parking spaces with two exceptions: the conversion of residential uses to non-residential uses and the expansion of floor area that exceeds 25% of the existing floor area will require the provision of additional off-street parking. 3. Exempt all non-residential development (new and existing) from the provision of off- street parking requirements with one exception: the conversion of residential uses to non-residential uses will require the provision of additional off-street parking. Following the September meeting, a survev was mailed to all of the area merchants. This was done to make sure that every merchant and property owner in the area had an additional opportunity to provide input on the creation of the Fry Street Zoning Overlay District; the specific ordinances regulating loitering and glass containers, and the parking regulations in the district, To date, 21 surveys have been returned. The majority of the surveys rctumed approve the creation of the Fry Street Zoning Overlay District, with parking option 3 receiving the majority of the votes. Of the merchants and property owners who returned the survey, the loitering and glass container ordinances were also widely accepted. OPTIONS Oprloe 1 Direct staff to: 1. Initiate a zoning amendment process to create a Fry Street Zoning Overlay District to r A eliminate all off-street parking requirements; establish building densities and minimum area and height requirements; determine the location and consolidation of solid waste containers; and sign regulations in the District 2. Initiate a code amendment process to prohibit glass containers and loitering in the Fry Street Zoning Overlay District 2 c option 2 { Direct staff to reseatrh additional alternatives to off-street parking, building densities, minimum area and height requirements, location of solid waste containers, sign regulations, glass containers and loitering in the Fry Street area RECOMMENDATION The Draft Fry Street Zoning Overlay District Ordinance has been structured with Option 1 as the preferred approach. The draft has been forwarded to the Legal Department for proper codification. ESTMATEDPROJECT SCH SCHEDULE P & Z Public Hearing November 10, 1999 City Council Adoption November 16 1999 ATTACHMENTS Attachment 1 Draft Fry Street Zoning Overlay District Ordinance 2 Draft No Loitering Ordinance 3 Drall No Glass Container Ordinance 4 Returned Surveys tfally submi i D fill Assistant City Manager, Devclopment Services Prepared by: / Dedra Den& Ragland T Small Area Planning Manager ii 7 1 ATTACHIKENT 1 ) rile r~ Ordinance No. AN ORDINANCE AMENDING CHAPTER 35 OF THE ZONING CODE OF ORDINANCES I! AND THE ZONING MAP OF THE CITY OF DENTION, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO 69.1, AS AMENDED SAID MAP APPLIES TO 12.42 ACRES OF LAND AS IS MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR THE CREATION OF A SPECIAL ZONING OVERLAY DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF THE CODE OF ORDINANCES; SAID DISTRICT TO BE KNOWN AS THE FRY STREET ZONING f ERLAY DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $FOR VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS on ,the Planning and Zoning Commission, after review of the Fry Street Small Area Plan, held a public hearing thereon, and recommended the creation of the proposed Fry Street Zoning Overlay District for the therein described; and WHEREAS on ,the City Council, after reviewing the Fry Street Small Area Plan, and adopting the plan on June 15, 1999, held a public hearing on the creation of the proposed Fry Street District for the area as described therein; and WHEREAS the City of Denton recognizes the important role that the Fry Street Area plays in the community as well as in the lives of many college students. WHEREAS these regulations have been designed to aid in redevelopment and revitalization that is compatible with and will serve to preserve the unique character in the Fry Street Area. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: PART t, That the 12,42 acres of land described in exhibit attached hereto and incorporated herein by reference, are designated as a special district in accordance with the provisions of the Code of Ordinances. PART I. That Ibi special district shall be known as the Fry Street District. PART III. That all buildings, structures, Fifes, and properties within the designated district shall z be subject to the restrictions, limitations, and provisions of the Fry Street Zoning Overlay District ' regulations. PART IV. That the zoning map of the City of Denton, Texas, adopted on the 14`^ day of January 1969, as an appendix to the Code of Ordinances of the city of Denton, Texas, under ordinance F 4 t R 69-1, as amended, is hereby further amended to show the property herein described as an special or small area district, by showing thereon the suffix "FS" for such district designation, which designation shall be in addition to any other zoning classification designated for said property as shown thereon. f PART V. Any person who shall violate a provision of this ordinance, or fails to comply therewith, or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not to exceed $ PART VI. Thal this ordinance shall become effective fourteen (14) days from the date of its passage, ARTICLE I. IN GENERAL Sec. _-I. INTENT. The purpose of this ordinance is to ensure public peace, safety, cleanliness, and general welfare, for communit% members and patrons of the Fry Street District, by providing for regulations on off-street and remote parking, and the location of solid waste containers, sums, setbacks, and residential & commercial density, Sec _-2 SHORT TITLE, 1 his ordinance maybe cited as the Fry Street Zoning Overlay District. Sec _-3 DEFINITIONS. FRY STREET DISTRICT: refers to the area as described in the Fry Street Small Area Plan adopted by City Council on June 15, 1999, which is bounded by Welch Street to the east, Oak Street to the North, Ave 13 to the northwest, Ave A to the southwest, Mulberry Street to the south, and Hickory to the southwest. Sec.-4 APPLICABILITY (1) All property located within the Fry Street District is subject to the provisions of this article. Sec. _-5 GENERAL PROVISIONS (1) Off-Street Parking. The provisions of section 35.30t shall apply to the Fry Street District, except as modified as follows; a. Rrinote parking, Remote oft r reel parking to serve a building or use within the r Fry Street District maybe provided on a tractor parcel of land other than on A, Fry the building or use being served is located, provided that the required off street parking space shall be within one thousand (1,000) feet of the building or S c I use being served and shall provide convenient pedestrian access to the building or use being served. b. Alan Residential Dinrlopment. Non-residential development shall be exempt from ' the provision of off-street parking spaces. C. Erceptions. Any residential use that is converted to non-residential use shall be required to provide one space for each two hundred (200) square feet of floor area or one (1) space for each six (6) seats under maximum seating arrangements, whichever is greater, d. Multi family residential Multi-family residential development shall be required to provide parking according to the following schedule: t. Efficiency units: one (1) space 2. Units with 1 bedroom: one (1) space 3. Units with 2 or more bedrooms: two (2) spaces e. Fraternities, Sororities, Boarding and Lodging Houses. one (1) space for each bedroom. (2) Use Regulations. a. Afuki-Family Residential. Multi-family residential uses shall be allowed within any zoning district within the Fry Street District. (3) Area and Height Requirements. The provisions of section 35-91 shall apply to the Fry Street District, except as modified as follows: a. Afinimum lot area. 1. Residential uses: 6,000 square feet 2. Non-residential uses: No minimum lot area 3. Mixed uses, including residential: No minimum lot area I~ b. Minimum lot depth. I I . Residential uses: 100 feet C. Minimum lot .4idth. 1. Residential uses: 60 feet d, Afavimum building coverage. I. Residential uses: 500/0 2. Non-residential uses: 1000/9 r i 3. Mixed-uses that include residences: 80% A t: 6 1 t C. Floor /Area Ratio. t. Residential uses: 1.5: 1 2. Non-Residential uses: 2 ; 1 3. Mixed-uses that include residential: 2 : i, provided that residential comprise the top story of any structure f. Required Yards. I. Residential uses: Front: Minimum of 30 feet from centerline of street. Side: No required yard Rear: Minimum of 10 feel 2. Non-Residential uses: Front: Minimum of 30 feet from centerline of street. Side: No required yard Rear: No required yard 3. Mixed-uses that include residential: Front: Minimum of 30 feet from centerline of street. Side: No required yard Rear: Minimum of 10 feet for any floor that includes residences g. Height Regulations. No structure may exceed 3 stories. Overall building height, including HVAC equipment, roof systems, vent stacks, chimneys, etc., may not exceed 45 feel in height. h. Residential densities. The maximum number of apartment units that can be constructed on a site, while observing regulations including floor area ratio, building coverage, parking, height and setbacks, shall require a minimum land I area in accordance with the following schedule: I I. Efficiency: 1,000 square feet 2. One bedroom apartment: 1,200 square feet 3. Each additional bedroom per apartment: 300 square feel (4) Solid Waste Containers. a. Location. Solid %vasta containers in the Fry Street District shall be located off the street in a centralized location, to the rear of a building served by the container, and shall be screened with devices made of masonry or wood. b. Consolidation. Consolidation of coon iners is required of every owner, occupant, tenant, or lessee of any business, commercial, or institutional property, or other r property not entitled to residential solid waste collection service. Each owner, occupant, tr-nani, or lessee of any business, commercial, or institutional property l shall arrange, by contract with the city, commercial solid waste collection and I 4 7 t disposal services from the city's solid waste dl•.ision, except as otherwise specified in Chapter 24 of the Code of Ordinances of the City of Denton, Texas. C. Other provisions, All service charges and container regulations shall comply with Chapter 24 of the Code of Ordinances of the City of Denton, Texas. (S) Sign Regulations. The p:ovisiono of Chapter 33 of the Code of Ordinances of the City of Denton, Texas, shall apply, except as follows: i a. R ohibited signs. Ground and monument signs shall not be permitted within the District. I b. Aliox ed signs. i 1. Non-Residential. All non-residential signs in tine Fry Street District shall be wall signs, mounted parallel with, not perpendicular to, the face of the wall upon which the sign is secured, 2. Residential, All non-residential signs in the Fry Street District shall be wall mounted signs, mounted parallel with, not perpendicular to, the face of the wall upon which the sign is secured. Signs shall be limited to the purpose of indicating the name c. Me residential development (apartment, condominium, ctc.) or for Informational or regulatory purposes. 3. Mixed-uses that include residential. Wall signs shall be allowed only on hose stories of a building that Include non-residential uses. i SECTION _-6 ENFORCEMENT, PENALTIES, AND FFl 3 (1) Violation•Penattics. Any such person who violated any section of this ordinance shall be, upon conviction, be subject to a fine not to exceed S i PASSED, ADOPTED, AND APPROVED this day of November, 1991 A, I 8 € I i t I (i ATTACHKBNT Z Ordinance No. + AN ORDINANCE AMENDING CHAPTER 24 "SOLID WASTE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CAUSE; AND DECLARING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: PART 1: That Chapter 24, "Solid Waste", of the Code of Ordinances of the City of Denton, Texas be amended as set out in exhibit "A", attached hereto and made part of this ordinances for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way erfect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3 That any person, firm or corporation violating any of the provisions o+ this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty-five dollars ($25.00) nor k more than five Hundred dollars ($500.00). Each day such violation shall be continue or be permitted to continue, shall be deemed a separate offense. Said ordinance, being a penal urdinance shall become effective days. PASSED, ADOPTED, AND APPROVED this day of November, 1999 I I i t A, J 10 I t 1 I EXHIBIT A DISTRICT FS • FRY STREET II These regulations are only applicable in the Fry Street Zoning Overlay District. A. DEFINITIONS. FRY STREET ZONING OVERLAY DISTRICT: refers to the area as described in the zoning ordinance as the Fry Street Zoning Overlay District adopted by City Council on 1999, which is bounded by Welch Street to the east, Oak Street to the North, Ave B to the northwest, Ave A to the southwest, Mulberry Street to the southeast, and Hickory Street to the southwest, as depicted in exhibit B. GLASS CONTAINER: means any glass receptacle, closed or capable of being closed. B. APPLICABILITY. All property located within the Fry Street Zoning Overlay District is subject to the provisions of this article. C. GENERAL PROVISIONS (1) GLASS CONTAINERS (A) Prohibitions. It shall be unlawful in the Fry Street Zoning Overlay District to carry on his or her person, or in any conveyance under his or her control, or on any right-of-way or street, sidewalk or pedestrian way, any glass container which is opened or has been previously opened, , (B) Exemptions. Notwithstanding any other provision of this section, nothing in this section shall prohibit the possession of the following glass containers in the Fry Street District. (I) Baby bottles containing products for consumption by babies; (2) Glass drug containers containing prescription drugs; (J) Glass lined vacuum picnic containers or thennos bottles, and (4) Any container as permitted by Texas Alcoholic Beverage Code Ann. 4 28.10(b). D. ENFORCEMENT, PENALTIES, AND FEES (1) Discretion of police offcer. Whenever any police officer shall, in the exercise of reasonable judgement, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in Section B, he may, if he deems it necessary for the preservation of public peace and safety, order that person to leave that place ! and surrender the glass container. Any person who shall refuse to leave after being ordered to r do so by a police officer shall be in violation of this section. (2) Viotallon -Penalties. That any person , firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon 11 i a . 4 conviction thereof shall be punishable by a fine of not less than twenty-rive dollars ($25,00) nor more than rive Hundred dollars ($300.00), Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said ordinance, being a penal ordinance shall become effective days i i i IJ 12 i , 1. CR ATTACHMENT 3 1, Jr, t i J _i\ 1 Ordinance No. AN ORDINANCE AMENDING CHAPTER 25 "STREETS, SIDEWALKS, AND PUBLIC PLACES" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CAUSE; AND DECLARING A PENALTY, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: PART 1: That Chapter 25, "Streets, Sidewalks and Public Places", of the Code of Ordinances orthe City of Denton. Texas be amended as set out in exhibit "A", attached hereto and made part of this ordinances for all purposes. PART 2: That if any provisions or any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3 That any person, firm or corporation violating any of the provisions orthis chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty-five dollars ($25.00) nor more than five Hundred dollars ($500.00). Each day such violation shall be continue or be pemtitted to continue, shall be deemed a separate offense. Said ordinance, being a penal ordinance shall become effective days. 1 PASSED, ADOPTED, AND APPROVED this day of November, 1999 I ~ I I3 ~ ` i t } I EXHIBIT A DISTRICT FS - FRY STREET These regulations are only applicable in the Fry Street Zoning Overlay District. A. DEFINITIONS, FRY STREET ZONING OVERLAY D[STRICT: refers to the area as described in the zoning ordinance as the Fry Street Zoning Overlay District adopted by City Council on 1999, which is bounded by Welch Street to the cast, Oak Street to the North, Ave B to the northwest, Ave A to the southwest, Mulberry Street to the southeast, and Hickory Street to the southwest, as depicted in Exhibit B. LOITERING: Shall mean the concepts of spending time idly, loafing or walking about aimlessly, and shall include the colloquial expression 'hanging around', on public properly or in designated public place. PUBLIC PLACE: Public place shall mean any place the public has access, including any street, road, alley, sidewalk, parking lot, parks and those establishments generally open for the public convenience, not including private properly for equal or similar uses. I PRIVATE PROPERTY: Shall mean real properly and improvements thereon owned and maintained by a private individual or Individuals. B. APPLICABILITY, All public property located within the Fry Street District is subject to the provisions of this article. C. GENERAL PROVISIONS C (1) LOITERING (A)f'rohihirions. It shall be unlawful in the Fry Street Zoning Overlay District to loiter in a public place in such a manner to: 1, Create or cause to be created a danger or a breach of peace. 2, Create, or cause to be created any disturbance or annoyance to the comfort or response of any person; II 3. Obstruct The free passage of pedestrians and vehicles; 4. Obstruct, molest, or interfere with any person lawfully in any public place, This paragraph shall Include the making of unsolicited remarks of any offensive, disgusting, or insulting nature, or which are calculated to annoy or disturb the person to, or in whose hearing they are made. (S) It shall be unlawful to steep, to reside, to store personal property, or to sit or to lie down on any sidewalk. A, . (13)F..rrn+ptions, The prohibition contained in this Section shall not apply to any person: 1. Sitting or lying in a public sidewalk in the Fry Street District due to a medical emergency; 14 ` i t G ` G i i I i I l 2, Utilizing awheelchair, walker or similar device to move about the public sidewalk or roadways in the Fry Street District as the result of a disability; 3. Silting while operating or patronizing a commercial establishment or business conducted on the public sidewalk Fry Street District roadway pursuant to a street use permit, license or other City-issued authorization; 4. Sitting while participating in or attending a parade, festival, rally, demonstration, meeting or similar spocial event lawfully conducted pursuant to a City-issued permit or license or other City-issued authorization; S. Sitting on a chair or bench located on the public sidewalk or Fry Street District roadway and which is supplied by a public agency; 6. Sitting on a public sidewalk within a bus stop zone while waiting for public or privale transportation; or 7. Giving a street performance pursuant to a permit issued by the City. D. ENFORCEMENT, PENALTIES, AND FEES (1) Discretion of police officer. Whencver any police officer shall, in the exercise of reasonable judgement, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in Section C, he may, if he deems it necessary for the preservation of public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be in violation of this section. (2) Violation - Penalties. That any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty-five dollars ($25.00) nor more than five Hundred dollars ($300.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said ordinance, being a penal ordinance shall become effective days. IS i f t . c~ c~ ATTACHKZNT 4 AvAe in t+ 4 receIVtd 1q J15 191 Attention Fry Street Area Stakeholders: If you cannot attend the meeting pertaining to new ordinances for our area please read the following pages. There are several ordinances that will directly affect the area. We would Me for everyone to voice his or her opinion on which parking option is best for the area Name:_ 60 ~ CI ~ ~1 CL (jam' s Address:_ b7 $V6 Phone Number: 39-7 pow I have read the D version of the proposed ordinances and would like to have Option exercised by the city, , The res Pe DRAFT is either eptab eP, (please initia (B) Unacceptable for the following reasons: Signed: Ar/ Date: /T ~ f6 , G V II~ 4me m-ke r«ttVtd Attention Fry Street Area Stakeholders: If you cannot attend the meeting pertaining to new ordinances for our area please read the following pages. There are several ordinances that will directly affect the area. We would lice for everyone to voice his or her opinion on which parking option is best for the area. Name:~ ~Q Address: Phone Number: ~~y - 3 Q? 9~~_~ I have read the DRAFT version of the proposed ordinances and would like to have Opdon_,~~_ exercised by the city, I The rest of the DRAFT is either (A) acceptable: (please initial) Or (H) Unacceptable for the following reasons: Signed: Dat@: v S~ 47. r 17 _ ` t c: Fec~,~~d oil Attention Fry Street Area Stakeholders: If you cannot attend the meeting pertaining to new ordinances for our area please read the following pages. There are several ordinances that will directly affect the area. We would like for everyone to voice his or her opinion on which parking option is best for the area. Namo o Address: l ~L -7 Phone Number: e&:t; I have read the DRAFT version of the proposed ordinances and would like to have Option- exercised by the city. The rest of the DRAFT is either (A) acceptable: (please initial) Or (B) Unacceptable for the following reasons: Signed: tv-- Date: is o c. ' a ~Y~..C.~~V~; -1 FRY STREET ZONING OVERLAY DISTRIq t. l~cLO?„;5`l7 (Please complete the entire survey, even If you attended the meeting and/or have already cast a rote) Name: ///qr9 I4 a 2 e- - tV 1l41fre) ///-4eRlfslp of Business/Property, L 5-t. Address: 0,4e _ 16,0X 9 ;e. Ve h -/V" TXgs 76 x,o Stet city ;L. tihte Ztp Phone Number: C~ -5-93 (Daytime) (Evening) 1 have read and understand the Draft versions of the proposed ordinances pettaining to the F eet Zoning Overlay District, the No Glass Container Ordinance and the No Loitering Ordinance. J~ - -Z'~ (please Wia1) The Fry Street Zoning Overlay District Ordinance fsr_ Acceptable Unacceptable I am ir favor of parking option k-~'l 3 The No Glass Container Ordinance Is /Acceptable Unaccepteble the No Loitering Ordinance is V _~Acceplable Unacceptable j f you selected "Unacceptable" for any of the items above, please indicate your reasons below: ' Signed f,'--; , Date- . I 19 ' i c, Ik FRY STREET ZONING OVERLAY DISTRICTS L QCi' 51949 (Please complete the entire survey, even if you attended the meeting and/o v A .d.`. wt`o t Name: g16ty) ' /N~• (Pteau P at Business/Property Address: bAr J I) ~~1 zu Al Z.~ t Street city Stale ZIP Phone Number: :AI2.04+zL 3F',2 . t3 (Doytlme) (Evealaa) I have read and understand the Draft versions of the proposed ordinances pertaining to the treet Zoning Overlay District, the No Glass Container Ordinance and the No Loitering Ordinance. (please Initial) The Fry Street Zoning Overlay District Ordinance is /Acceptable Unacceptable j 1 am in favor of parking option ) 2 The No Glass Container Ordinance Is ✓ ccept able Unacceptable The No Loitering Ordinance is i cceptable Unacceptable I If you selected "Unacceptable" for any of the items above, please Indicate your reasons below: h . I Signed Date /v a /y~ 20 ~7'1~1:$~'~ BE,l22 JtJ L OCT 51999 i ; . r.: FRY STREET ZONING OVERLAY DISTRICT S h - - (Please complete the entire survey, even ityou attended the meeting sad/or have already cast a vote) Name; &VAIO7~ Business/Property (Pleau Pdat Legibl Address: S~ Suter ty Slate Zip Phone Number: 9 7, rM y8S3 fns) tl me) (Evening) 1 have read and understand the Draft versions of the proposed ordinances pertaining to the .Fry Street Zoning Overlay District, the No Glass Container Ordinance and the No Loitering Ordinance. (please initial) fhe Fry Street Zoning Overlay District Ordinance is Acceptable X Unacceptable I am in favor of parking option 1 2 I The No Glass Container Ordinance is Acceptable ,Unacceptable The No Loitering Ordinance is Acceptable Unacceptable If you selected "Unacceptable" for any of the items above, please Indicate your reasons below: T ~ ~a~.e .5K .vC~U,(.S~S NfX I e ~fdt~7ibt/JC. ^ ~`~dra n e,}.., ~..t~D ~G~M~7~Bd~AaPs ~d'd~~s rsBl ,Qi.(16 .70,~!/'i~~ 4nt~(/..~ro r /t /J T9A.[~?^~j s 7Ti ~.y 6~tl1 CA.[ . /LJ141i 1111 r Oir~Ef~l/J%.SEi•v~~2f7iP0~~$.~ti~cS'~CONd(, ~ld f'.O~ ~Y"/e ~d Sign Date i r ~ t, r ~ 5~ U FRY STREET ZONING OVERLAY 1DIS (Please complete the entire survey, even lfyou attended I4kil.0P'.t FIT the meeting and/or have already cast a volt) Name; (Pletatt t'rrat Legipiy) Business/property Address; Streel e! f7~ Elty State Phone Number; r/d. 646 ZIP (D'Anne) 95 0 .7. V 9t! (Evening) I have read and understand the Draft versions of the proposed ordinances pertaining to the F Street Zoning Overlay District, the No Glass Container Ordinance and the No Loitering Ordinance. {please initial) The Fry Street Zoning Overlay District Ordinance Is- C _ `LAcceptable _ Unacceptable I am in favor of parking option r~ 1 - 2 3 The No Glass Container Ordinance is Acceptable ✓ Unacceptable The No Loitering Ordinance is -A_Acccptable - Unacccplablc ~f If you selected "Unacceptable" for any of the items above, please Indicate your reasons below; N- s ~'nA1 rA l Al O 2 A O eE I s LaAlnS D,ae -,jDUr )f AN r //Jb'12 77f~'t/ PR try , e~'..- f TO CN Fo a CE Tt•f E rn: n ' ~ •L.~ S W C 1-FA r' SignedC'_Z-U Date 9•.I 4.9 9 V✓~ 22 u Ft~ 3; r m 8V 2 8 FRY STREET ZONING OVERLAY DISTRI S 11 VEY ' I ~ (Please complete t otire survey, even If you attended the meeting an d(itf~S6,yh~'si;vote Name: C (Prose P4 1 Legibly) Business/Property ~r of Address: 0 C Stott ry Stele Zip Phone Number: (Ara -f 1,%A- MAY11me) (Even p I have read and understand the Drag versions of the proposed ordinances pertaining to the Fry Street Zoning Overlay District, the No Glass Container Ordinance and the No Loitering Ordinance. (please W liai) 1 The Fry Street Zoning Overlay District Ordinance Is,)-(Acceptable Unacceptable I am in favor of parking option 1 2 The No Glass Contaln^.r Ordinance is cceplable Unacceptable --zj The No Loitering Ordinance Is -Acceptable Unacceptable If you selected "Unacceptable" for any of the items above, please Indicate your reasons below: i Sign h 11.rvs Date 23 t~ 00z FRY STREET ZONING OVERLAY DISTRI tv UR~7Q p ~ 11 (Please complete the entire survey, even if you attended the meeting a ~tl~ead cast a,otI ny Tt~r"k0t Name: ~I • eeic ! / (Please Prial l.esibW Business/Property Addy ~.30r9 1- 76 0 / Address: 14'C C,y^y< <.s -4, X Street City ] State Zip .'hone Number: Sul 6 ^ //S J Sfl - ~2 J fY (DyYlme) (Erenintl I have read and understand the Draft versions of the proposed ordinances pertaining to the F Street Zoning Overlay District, the No Glass Container Ordinance and the No Loitering Ordinance. (please initial) The Fry Street Zoning Overlay District Ordinance is --n-Acceptable Unacceptable I am in favor of parking option 1"1 2 3 I The No Glass Container Ordinance Is Acceptable 4.1/Unacceptable The No Loitering Ordinance is -Acceptable Unacceptable If you selected "Unacceptable" for any of the items above, please indicate your reasons below: /10 _o~<•, Coe -/e: fir- 7~' - b jr' l ✓t~ew ~r ~(f iS Nrh"1 /"l1C HO ! ty4P /d juS/CG ^dY Cf„ to v I Signed4~ e G Date 7- 2< I U 1 1 I SEP 3 0 1999 ff i FRY STREET ZONING OVERLAY DISTRICTS 6 & ('lease complete The entire survey, even If you attended the meeting and/or have already cast a vote) Name: First State Hank of Texas (Pleere Print Legibly) Business/property PO Box 100 Denton, Texas 76202 Address: _ Street city State Zip Phone Number; 940/380-2090 940/243-5420 Maytime) (Evening) I have read and understand the Draft ►ersions of the proposed ordinances pertaining to Street Zoning Overlay District, the No Glass Container Ordinance and the No Loitering Ordinance. (please initial) The Fry Street Zoning Overlay District Ordinance isj-.Acceplable Unacceptable I am in favor of parking option 1 2 The No Glass Container Ordinance is ~cecptable Unacceptable The No Loitering Ordinance is Acceptable Unacceptable 'If you selected "Unacceptable"for any of the items above, please indicate your reasons below: I A. t., Signed Date l l r J\ c L! ' SEP 3 0 1999 FRY STREET ZONING OVERLAY DISTRICT SURVEY& (Please complete the entire survey, even ifyou attended the meeting and/or have already cast a vote) Name: (Pleste Pr1at a ly) Business/Property sslProperty /f r ~r Address: ~C e K o K 2b Street City /y Staley Z- lip Phone Number: -jgf 2f - ~0~y 2"z 7~-G l C(Daytime) (Evegln I have read and understand the Draft versions of the proposed ordinances pertaining to F Street Zoning Overlay District, the No Glass Container Ordinance and the No Loitering Ordinance. (please initial) The Fry Street Zoning Overlay District Ordinance is / Acceptable Unacceptable I am in favor of parking option I 2 Z3 ! The No Glass Container Ordinance is Acceptable Unacceptable The No Loitering Ordinance is ,Acceptable Unacceptable i If you selected "Unacceptable" for any of the items above, please indicate your reasons below: t i Signed Dale L asa7 "ISPERNG Oft DALLAS, 7x, ISS34 U t, OCT - 1 19!99 D J FRY STREET ZONING OVERLAY DISTRT $}rFY T (Please complete the entire survey, even if you attended the meeting and/or have already cast a vote) Name: all/ IV C95, IT/ &6AC. 3 e' Sw b 8usiness/Prop (Plea a Priot Leg%4) Address: ! Leff ~~I C Ild jr& 67`TT k ~''Sr 710-0 Street City / Stele Zip PhoneNumberC9y1`387.P'3gL _ (Qi7) 368' 3S'10 (Daytime) (Evening) 1 have read and understand the Draft versions of the proposed ordinances pertaining t$X~t Zoning Overlay District, the No Glass Container Ordinance and theeNNo Loitering Ordinancelease initial) The Fry Street Zoning Overlay District Ordinance is V`Acceptable Unacceptable I am in favor of parking option Zl y 2 l/ 3 The No Glass Container Ordinance is --L-Acceptable Unacceptable fhe No Loitering Ordinance Is Acceptable Unacceptable if you selected "Unacceptable" for any of the items above, please indicate your reasons below: f ~ c Sign _ Date • 9 q r~' c i OCT 1 t ~9 'l f' FRY STREET ZONING OVERLAY DISTRI413 ,1,,~t y"' W (Please complete the entire survey, even If you attended the _meeting and/or have already cast a vote) Name: _ T4.t7R.l Land 11 (~Iesse PrixI Leglbl ) Addy esslPropelty V ~ I Address: 0 Street ~j l~ GC77 state zip i IhoneNumber: ! I~~ 0 97 (Daytime) (E% Wag) I have read and understand the Draft versions of the proposed ordinances pertaining to the Fry Street Zoning Overlay District, the No Glass Container Ordinance and the No Loitering Ordinance. (please initial) The Fry Street Zoning Overlay District Ordinance is _-Acceptable Unacceptable I am in favor of parking option I 2 /1.1.1% The No Glass Container Ordinance is Acceptable -J-Unacceptable The No Loitering Ordinance is Acceptable Unacceptable If you selected "Unacceptable" for any of the items above, please Indicate your reasons below: CNr s CJj J4 t 4150 lie 1 Nw girde -d0 XAI`- ojN41 f-41( AAA 0 6e 1 , d L) Signed qI r ! Date *i Z J_/ 28 . I r 1 ~ i f 1 . FRY STREET ZONING OVERLAY DISTRICT SU Y ocr - a ~ . d~-T FLAIMING & DEIELpp (Please complete the entire survey, even If you attended the meeting and/or Itadyaasfa-voFe). j i Name: i)enP,,JA6--e, (Please Print Legtbly) Business(Property Address: 1A 3r &-'a,~ nto h 7X Strett aty fate 21p i Phone Number: 2y?Sti44 _ay7-b-Je (Daytime) (Erenla~ I have read and understand the Draft versions of the proposed ordinances pertaining to the Fry Street Zoning Overlay District, the No Glass Container Ordinance and the No Loitering Ordinance. (please Initial) i The Fry Street Zoning Overlay District Ordinance is-----Acceptable --y-Unacceptable I am in favor of parking option 1 2 3 i I I The No Glass Container Ordinance Is Acceptable Unacceptable The No Loitering Ordinance is -~-Acceptabie Unacceptable If you selected "Unacceptable" for any of the items above, please indicate your real-ins below: I i I , AA Si S 1w; o4, Date .2 rS' 9 050 29 L? _U-9WIE OCT _ q D~ IN- FRY STREET ZONING OVERLAY DISTRICT PLMVVNG & ^lt LQn'..'SSi (Please complete the entire survey, even if you attended the meeting and/o e.#If Iy_aM•AN" Name: RQ%j IALI Iey1 M$r1 (Please Met U117y) Business/Property Address: 13ao to 0ej-rg:: D1 R0 rri )4~es, street City Stale Zip Phone Number: 9410 ,3g„3 -3_S9 3 (Doytlme) (Eseains) I have read and understand the Draft versions of the proposed orditlancea pertaining to t~p Fry Street Zoning Overlay District, the No Glass Container Ordinance and the No Loitering Ordinance. (please initial) The Fry Street Zoning Overlay District Ordinance 11-1~Acceptable Unacceptable I am in favor of parking option ) 2 _L.-_'3 I The No Glass Container Ordinance Is Acceptable Unacceptable The No Loitering Ordinance is - efAcceptable Unacceptable If you selected "Unacceptable" for any of the items above, please indicate your reasons below: , i Signed Date - ~G - 92 30 i i i i I i I I - MM: . Il OCT - aIM J FRY STREET ZONING OVERLAY DISTRICT ' (Please complete the entire surveys even if you attended the meeting and/or have already cast a vote) Name: /[k MA.Prmy (Please Print Legibly) Business/Property Address: ///9• z / ///ck~vse /~i„/n.~ yX Slrtet n7 State Zip Phone Number; fte-81jr-Ar? T 9& -,;,P,e- af0V* (Dayllme) (Evening) I have read and understand the Draft versions of the proposed ordinances pertaining to the Fry Street Zoning Overlay District, the No Glass Container Ordinance and the No Loitering Ordinance. (please Initial) The Fry Street Zoning Overlay District Ordinance Is Acceptable Unacceptable I am in favor of parking option __1 ___._2 y3 I The No Glass Cortainer Ordinance is --ke/ Acceptable Unacceptable The No Loitering Ordinance Is Acceptable Unacceptable If you selected "Unacceptable" for any of the items above, please Indicate your reasons below; 1 I t' Signed Date 2JA-02 31 C~ r Fn L;_~~~ L~yyylf OCT 12 IM FRY STREET ZONING OVERLAY DISTRICTS VEY (Please complete the entire survey, even If you attended the meeting and/or have already cast a vote) Name: _~OAJ ~✓d/~ n to s~ BusinesVProperty (Please Pri Address: H yL 04r0,J -1,0 Street Staff Zip Phone Number. ' qO - 170z-/ (Da)time) (E%enlna) I have read and understand the Draft versions of the proposed ordinances pertaining to the Fry Street Zoning Overlay District, the No Glass Container Ordinance and the No Loitering Ordinance. (please Initial) i The Fry Street Zoning Overlay District Ordinance is /-Acceptable Unacceptable I am in favor of parking option l 2 -Z3 i The No Glass Container Ordinance is A _ cceptable Unacceptable The No Loitering Ordinance is _ ~ cceptable Unacceptable ~I ~I If you selected "Unacceptable" for any of the items above, please indicate your reasons below: I i - I I~ I A r f~ \ Signed e - v ° oy ' 9 , ~7 32 OCT 1 21999. ` FRY STREET ZONING OVERLAY DISTRICT (Please complete the entire survey, even If you attended the meeting and/or have already cast a vote) i Name: Business/Property (Plena Print Le;tDty) Address: ~ol/D ?l ~[C,edrey CpO~~Pt xx7.,zw street City SWO Op Phone Number: s-a s' -.36-3 , e'fm ht<a) IFW ff (Daytime) (Pvee1111) I have read and understand the Draft versions of the proposed ordinances pertaining to the Fry Street Zoning Overlay District, the No Glass Container Ordinance ai 1 the No Loitering Ordinsi,ce. (please Initial) The Fry Street Zoning Overlay District Ordinance Is ✓ Acceplable Unacceptable I am in favor of parking option _ 'I 2 3 i The No Glass Container Ordinance is ----A ceptabte Unacceptable I The No Loitering Ordinance Is Acceptable --Unacceptable If you selected "Unacceptable" for any of the items above, please indicate your reasons below, i ire Signed N Date v✓h 33 I G N,l ;uU(141 Yt! OCT 14 1999 ` J a PLEASE RETURN BY FRIDAY, OCTOBER 1959 FRY STREET ZONING OVERLAY DISTRICT ! iDAWV i (Please complete the entire sunvy, even If YOU Attended the meeting andlor have already cast a vote) Name: 01Y H 2 gE! Ma . (Pteatee PAM Le`tbty) 1 Addr sssrnropeny l~0 to, t/ !Jy! / ~ 7Gxo/ Street Q CI Stale Zip Phone Number: / Yo '34s ZO 9 _ (Deytltne) (Erenlna) i have read and understand the Draft versions of the proposed ordinances pertaining to a Fry Street Zoning Overlay District, the No Glass Container Ordinance and the No Loitering Ordinance, i(please initial) The Fry Street Zoning Overlay District Ordinance is Acceptable Unacceptable 1 am in favor of parking option 41 2 3 The No Glass Container Ordinance is Acceptable Unacceptable The No Loitering Ordinance Is, ~Acceptable Unacceptable iryou selected "Unacceptable" for any of the items above, please indicate your reasons below: I 1 1 i !d 6 ! 9 y Vii;-~ iigned ~ Date 31 ' 4 I i i t: I I III I lR OCT 14 N199 t PLEASE RETURN BY FRIDAY, OCTOBER 8,1999 FRY STREET ZONING OVERLAY DISTRICT S EY;•, i (Please complete the entire survey, even if you attended the meeting and/or have already cost a vote) Name: r0ah 91E'~df~ d`a ~(Y Go lase Prtnl UCILMY) Business/Property Address: 1Z4 11J. 1{t&$o* %°ftt I-tx 79'2.;,7 7 Strtet Cky Slate zip Phone Number: 9y0 3cr-,209 Sl (Deytlme) ~ (Evtatn~ I have read and understand the Draft versions of the proposed ordinances pertaining to the Fry Street Zoning Overlay District, the No Glass Container Ordinance and the No Loitering Ordinance..1,L_(please initial) The Fry Street Zoning Overlay District Ordinance is--X-Acceptable Unacceptable I run In favor of parking option --L1 2 3 1 The No Glass Container Ordinance is acceptable Unacceptable The No Loitering Ordinance Is Acceptable __Unacceptable If you selected "Unacceptable" for any of the items above, please indicate your reasons below: 1 , III Signed ~,eat~ tOr~.. _ Date j a --7~-1` j 1 33 i i t c, OCT I$ IM FRY STREET ZONING OVERLAY SIRV Y . (]Please complete the entire survey, even Ifyouu~attended Thee meeting and/or ~1N%elFRa FW a vote] Name: tiZ?' (ei alePdatteetibly) ess/Property Addy A l/~I'/~~~~~It ~bZ~l Address: (t/ _ • (K1 stmt City State Zip Phone Number; ~~~~/l -S--yo ~ (Da)ttme) (Evtolo~) I have read and understand the Draft versions of the proposed ordinances pertaining to the Fry Street Zoning Overlay District, the No Glass Container Ordinance and the No Loitering Ordinance. (please Initial) The Fry Street Zoning Overlay District Ordinance is-Z-Acceptable Unacceptable I am In favor of parking option ...r_1 2 ~3 I The No Glass Container Ordinance Is -X Acceptable Unacceptable The No Loitering Ordinance is -Pcceplable Unacceptable If you selected "Unacceptable" for any of the items above, please Indicate your reasons below: i Signed Date 1923 36 i~ I ~ 4 I Agmda No, .4 bm AGENDA INFORMATION SIIEET pa AGENDA DATF: October 26, 1999 i DEPARTMENT: Planning & Development CNIII)CNI/ACM: Dave Ilill, 349-8314 SUBJECT Receive a report, hold a discussion and give staff direction regarding the Draft Scope of Work for the Denis Neighborhood Small Area Plan. BACKGROUND On January 6, 1998, City Council passed a resolution authorizing a Small Area Planning Program for the City of Dcnton. The Small Area Planning program is designed to address specific areas in greater detail than in the comprehensive plan by providing additional analysis, recommendations, and implementation guidelines. Included in the Small Area Planning Program Overview, the Planning Department is responsible for submitting a list of potential small area planning sites to the City Council. The City Council is responsible for prioritizing the small area plan sites and modifying the site priority list from year to year. City Council has asked staff to prepare a proposal for the Denia Neighborhood. The Denia Neighborhood has been identified as a potential small area planning candidate Unlike other small area planning candidates, the Denia Neighborhood appears to be relatively stable. Denia is not a large area with specific infrastructure needs nor is it an area with substantial growth and development activity. It is not an area in decline with profound and wide-spread blight. There are however, site-specific issues of property maintenance, code enforcement and drainage that plague the Denia neighborhood. In addition, area residents are concerned with the intrusion of nonresidential uses into the neighborhood. A neighborhood plan may or may not be the answer for the Denis Neighborhood. A meeting with neighborhood stakchotdcrs and City staff to further determine if there are urgent issues that will impact the neighborhood now andlor in the near future is recommended. Further discussions will help to determine what problems can be resolved on a site-specific basis. Also, the boundaries of the Denia Neighborhood Area may change, depending upon input received during neighborhood meetings. Planning of forts for the Denis Neighborhood will focus on long- term property maintenance and upkeep, public Improvements, protection from nonresidential development and In-rill housing opportunities. Once the Development Code is rewritten, staff will be better able to assess whether a Denia Small Ares Plan is warranted, A draft scope of work for the Ionia Neighborhood Small Area Plan Is provided as an attachment (Exhibit A) to this report. As is consistent with the intent of the Small Area Planning Program, the development of the small area plans as proposed In the attachments require extensive I e c i ~ f participation on the part of affected property owners, business owners, residents, and other interested parties. OPTIONS Option 1 Meet with neighborhood representatives and City staff to identify site specific issues and develop an action plan for addressing issues. and/or i Option 2 Denia Neighborhood Small Area Plan: March 2001 - December 2001 [9 months) Following the completion of the Development Code and near the end of 2000, staff will reassess the need for a Denia Small Area Plan. RECOAIMF.NDATION Option I is the preferred initial approach. Once Option 1 has been implemented, if a small area plan is warranted, Option 2 would then be initiated. j E5TMATED PROJECT SCR .DUCE Action Plan to address site specific issues January 2000 Denis Neighborhood Small Area Plan March 2001 - December 2001 An important point should be mentioned with regard to plan timetables. One of the factors in the success of the Fry Street Small Area Plan was the time allowed for issues to be discussed and debated. Although timetables have been Identified, staff is convinced that delays should not be considered negative if needed to allow time for additional meetings, debate, and consensus building. FISCAL INFORMATION The Denia scope of work describes the maximum estimated amount of work that can be facilitated by the Planning & Development Department without the addition of additional staff. Other departments will participate as team members in response to the neighborhood Issues that are raised. The cost of each plan for publication and meeting materials, beyond already budgeted city staff hours, is estimated to be $8,000.510,000. ATTACHMENTS Exhibit A Draft Scope of Work - Denia Neighborhood A, l Dran Denia Neighborhood and Land Use Slap A.2 Dcnla Neighborhood Plan Timeline 2 r ~ ~ u a I I Respectfully submitted Da ~ I l ssistant City Manager, Development Services Prepared by: Dedra me Ragland C Small Area Planning Manager I i i f r ATTACHMENT A DRAFT SCOPE OF WORK • DENIA NEIGHBORHOOD A. PROJECT OVERVIEW AND GENERAL APPROACH Throughout the public participation process for the comprehensive plan, the citizens of Denton have expressed the need to preserve and protect the integrity of existing neighborhoods from non-residential development and encroachment. A number of districts and neighborhoods have been identified in the Comprehensive Plan as requiring special attention. The Denia neighborhood is a mature neighborhood that has long served as a support area for the University of North Texas. It is still home to various students and professors. Denia residents believe that the area's preservation and enhancement are important to the future economic health of the city of Denton. The Denia neighborhood is a mixture of single-family, multi-family, commerciaVretail, institutional and agricultural land uses. There are a few vacant lots dispersed throughout the neighborhood, It is a quiet close-in residential neighborhood that Is low-density in character. The area's eastern border is a portion of the 1.33E corridor. The majority of the commercial and retail uses are located along the 1.35E border. Preservation and protection of the single-family homes in this area from future commercial encroachment is of growing concern. i Unlike other neighborhoods in Denton, the Denia neighborhood does not have wide-spread or profound blight. Permitting activity and non-residential development is not pervasive in the Denia area. Many neighborhood issues deal with property maintenance, traffic circulation, drainage and are mostly site specific. Resolution of these Issues may be best resolved through detailed discussions with the neighborhood residents, Code Enforcement and City Engineering. Depending on the final boundary determination for the Denia neighborhood, there are several vacant lots that offer distinct opportunities for development. In addition, the proposed eastern border of the Denia neighborhood includes a portion of 1.35E, a major entranceway/corridor into the heart of Downtown Denton. As a major transportation corridor, its appearance can Influence impressions of Denton's local and regional image, The I.35E corridor can offer many opportunities for locating businesses due to proximity and accessibility; available Infrastructure and land use pattern. If planned appropriately and with the protection of the Denis neighborhood in mind , the 1.35E corridor can attract a number of desirable businesses Into the community, thereby achieving an important public purpose by promoting primary and secondary jobs and enhancing the local economy. Existing strip commerciaVretail development along the 1-33E corridor should be addressed through urban design strategies to minimize traffic disrupt'-as and future strip development along this corridor will be discouraged Many of the Issues are site specific and relate to property maintenance, code enforcement and specific drainage issues, Potential Issues that will need to be addressed include: ti • Long-term maintenance and upkeep of private property f 1 t a Public improvements, such as drainage and sidewalks • Intrusion of non-residential land uses that displace former residential areas • Appropriate development of vacant land v Crime and safety The Denia neighborhood is a small and diverse community. Residents have been willing to and successful in working with the City to address their community needs. B. OVERALL PLANNING GOALS Planning objectives for the Denia Neighborhood will include: Increasing in-fill housing opportunities • increase code enforcement compliance s Establish guidelines for future nonresidential development I C. PROJECT SCOPE OF WORK AND SCHEDULE The project scope of work is identified below. The timeline for the development of the Denia Neighborhood Small Area Plan is included at the end of the scope. The estimated time for completion of the small area planning process is 10 months. Phase 1: Project Initiation Task 1.1 Survey Planning Area Task 1.2 Identify stakeholders and key community members Task 11 Draft public participation plan (outreach and notification strategies) Phase 2. Baseline Data and Public Opinion Analysis Task 21 Setup preliminary meeting with key leaders to identify preliminary issues and to identify study area boundary. Task 2.2 Assemble team based on preliminary issues identified and discussed. Task 2.3 Collect data and develop area profiles , Task 2A Conduct formal meetings with area stakeholders to survey and prioritize 4 strengths, weaknesses, opinions and perceptions of the area. Phase 3: Develop Key goals and Pollcie0roduce and Analyze AllernaNve Urban Deslgn Scenarios s a c• ' Task 3. 1 Conduct round table discussions to formulate long and short-term goals and identify visiorts for the area. Task 3.2 Identify design alteratives Task 3.3 Conda:t Urban Design Charette to review alterative design scenarios. Phase 4: Produce Draft Plan and Implementation Strategy Task 4.1 Small Area Planning Staff draft plan Task 4.2 Illustrate alternatives and selection criteria Task 4.3 Design Implementation program Task 4.4 Articulate the plan to the community Phase S: Plan Adoption Task 5.1 City council Work Session Task 5.2 Planning and Zoning Commission public hearing Task 5.3 City Council public hearing and final adoption Phase 6: Plan Monitoring and Evaluation Task 6.1 Monitor and track implementation status c D. IDENTIFICATION OF TEAM ROLES Lead Departments: Community Development Code Enforcement Drainage and Engineering ' Technical Support & Plan Facilitator: Small Area Planning Additional Technical Support: To be determined 6 s EXHIBIT A . DRAFT SCOPE OF WORK - DENIA NEIGHBORHOOD A. PROJECT OVERVIEW AND GENERAL APPROACH Throughout the public participation process for the comprehensive plan, the citizens of Denton have expressed the need to preserve and protect the integrity of existing neighborhoods from nun-residential development and encroachment. A number of districts and neighborhoods have been identified in the Comprehensive Plan as requiring special attention. The Denia neighborhood is a mature neighborhood that has long served as a support area for the University of North Texas. It is still home to various students and professors. Denia residents believe that the area's preservation and enhancement are important to the future economic health of the City of Denton. The Denia neighborhood is a mixture of single-family, multi-family, commercial/retail, institutional and agricultural land uses. There are a few vacant lots dispersed throughout the neighborhood. It is a quiet close-in residential neighborhood that is low-density in character, The area's eastern border is a portion of the 1.35E corridor. The majority of the commercial and retail uses are located along the 1.35E border. Preservation and protection of the single-family homes in this area from future commercial encroachment is of growing concem. Unlike other neighborhoods in Denton, the Denia neighborhood does not have wide-spread or profound blight. Permitting activity and non-residential development is rat pervasive in the Denia area. Many neighborhood Issues deal with property maintenance, IralCe circulation, drainage and are mostly site specific. Resolution of these issues may be best resolved through detailed discussions with the neighborhood residents, Code Enforcement and City Engineering. Depending on the final boundary determination for the Denia neighborhood, there are several vacant lots that offer distinct opportunities for development. In addition, the proposed eastern border of the Denia neighborhood includes a portion of 1-35E, a major entranceway/corridor into the heart of Downtown Denton, As a major transportation corridor, its appearance can influence impressions of Denton's local and regional image. The 1.33E corridor can offer many opportunities for locating businesses due to proximity and accessibility; available Infrastructure and land use pattern. If planned appropriately and with the protection of the Denis neighborhood in mind, the 1.35E corridor can attract a number ofdesirable businesses into the community, thereby achieving an important public purpose by promoting primary and secondaryjobs and enhancing the local economy. Exisling strip commerciaPretail development along the 1.35E corridor should be addressed through urban design strafegies to minimize traffic disruptions and future strip development along this corridor will be d'scouragcd. Many of the Issues are rite specific and relale to property maintenance, code c4orcemenl and specific drainage issues. r r A Potential issues that will need to be addressed include: Long-term maintenance and upkeep of private property 4 1. • Public improvements, such as drainage and sidewalks • Intrusion of non-residential land uses that displace former residential areas • Appropriate development of vacant land • Crime and safety the Dema neighborhood is a small and diverse community. Residents have been willing to and successful in working with the City to address their community needs, B. OVERALL PLANNV'G GOALS Planning objectives for the Denia Neighborhood will include: • Increasing in-fill housing opportunities • Increase code enforcement compliance • Establish guidelines for future nonresidential development C. PROJECT SCOPE OF WORK AND SCHEDULE The project scope of work Is Identified below. The timeline for the development of the Denia Neighborhood Small Area Plan Is included at the end of the scope. The estimated time for j completion, of the small area planning process is 10 months. Phase I: Project Initiation Task I.1 Suney Planning Area Task 1.2 Identify stakeholders and key community members Task 1.3 Draft public participation plan (outreach and notification strategies) Phase 2: Baseline Data and Public Opinion Analysis Task 2.1 Set-up preliminary meeting with key leaders to identify preliminary issues and to identify study area boundary. Task 2.2 Assemble team based on preliminary issues identified and discussed. Task 2.3 Collect data and develop area profiles Task 2.4 Conduct formal meetings with area stakeholders to surrey and prioritize strengths, weaknesses, opinions and perceptions of the area. / Phase 3: Develop Key goals and Policies/ Produce and Analyze Alternative Urban Uzslgn Scenarios S 0 4. Task 3.1 Conduct round table discussions to formulate long and short-term goals and identify visions for the area. Task 3.2 Identify design alternatives Task 3.3 Conduct Urban Design Charette to review alternative design scenarios. Phase 4: Produce Draft Plan and Implementation Strategy Task 4.1 Small Area Planning Staff draft plan Task 4.2 Illustrate alternatives and selection criteria Task 4.3 Design implementation program Task 4.4 Articulate the plan to the community Phase S: Plan Adoption Task 5. l City council Work Session Task 5.2 Planning and Zoning Commission public hearing Task 5.3 City Council public hearing and final adoption Phase 6: Plan Monitoring and Evaluation Task 6.1 Monitor and track implementation status i D. IDENTIFICATION OF TEAM ROLES Lead Departments: Community Development Code Enforcement Drainage and )engineering Technical Support & Plan Facititaton: Small Area Planning Additional Technical Support: To be determined i r 6 EXHIBIT A.I i Denia Neighborhood Plannir ~ v fwe+eeew.awkxµ~~~ud.+e u@e.T . t RM000 ~q.' D Q y' i d t Eagle Point Golf Course) ~ WHWPOONVm6 If ERn4%r If ~f F oucwoab F' rd~A LVOR DLVLEY > 4 SS Borman Elementary 'I + a e i. Mp ~JY~ p N +'h ~rlti 1d I~J ~ ~ YM} , 1 i Fr.' A `n l e w v+t w x u8n18 PBri( c ~ F A A _ c~uc I III ig Area - Land Use ~,4q e'7 Den !a Planning Area 1 -1, rr,JC 1l 0 0(C) M 2F A x GR wa_ HI Y LI ~M1 r MF-R 111 { = SF-16 SF-7 =sit, Uk 17, ?i t\ f`M N fis U ~ h ge f~~: ~ i 7 i 1 ` C 1 ~ A NY, 2001 lberch April May June July August September October Nosember December Phase I: f -Project 1 Initiation Phrase 2: •Flaselinc Info' Public Opinion H x Analysis H Phase 3: - H •VoaliPulicies ~ • Ahcrnatis e N Serra" Phase 4: •Draa Plan • I mplsnnentet ion Strait) Phase S: - - 3 -Plan Adoption Phase 6: • Mom ituring t I L Agendahio. IM AOenda Hem It Dale AGENDA INFORMATION SHEET AGENDA DATE: October 26,1999 DEPARTMENT: Public Transportation CM/DCNIIACM: Rick Svehla, Deputy City Manager David Hill, Assistant City Manager SUBJECT: Receive a report on the public transportation planning study and give staff direction regarding recommendations for improvements to the public transportation system. BACKGROUND: 'Chrough the North Central Council of Govertunents' (NCTCOG) Unified Planning Work Program (UP)IP) the city of Denton received funding for a transit planning study to provide an improvement plan for the public transportation system. The project consultant, KFII Group, Inc., has presented staff with final recornmendaticrs as %cU as a draft implementation plan for system improvements. ibis report summarises the consultant's findings as weU as the recommended service plan for system improvements. Service Design (Current System) Currently local faced-route service is provided to the general public through a contract with SPAN (Services Programs for Aging Needs). SPAN operates service along 4 fused-routes (Green, Blue, Red, and Brown) which cover the city in 'bop' styk routes (Attachment 1). These routes operate Monday through Friday from 6:00 a.m. until 7:00 p.m and on Saturdays from 9:00 a.m unti13:00 p.m The service frequency for each route is every 60 minutes. During the study the consult ant reviewed system performance from FY 1996 to 1999. The rcsuhing assessment identified a 21 percent decline in ridership and also a reduction in vchick miles and hours between FY 1996 and FY 1997. ibis decrease was in part attn'buted to the elimination of a route (due to low productivity) which made a bop around the city. But more importantly, the restructuring of the routes and resultant confusion and Lack of service had a greater impact on the loss in ridership. llowever, following minor adjustments to the routes, ridership did increase 12 % from FY 1997 to FY 1998. r' Yo access the overall strengths and weaknesses of the evasting transit system the consultant 1 i c conducted a peer review (of similar size and type systems) in addition to the time review discussed above. Based on the peer and time reviews, as well as the consultant's observations, Denton's transit system is operating within the range expected of a system its size and type. However, the acscssmcnt cited several areas where the system could be improved to provide much better service. They include: Eliminate the loop routes: During the review the consultant received considerable feedback regarding long ride time and wandering routes, all of which is directly relate to the loop route structure. The consultant cited that probably the most important change that cat be made is to modify the route structure from loops to "out and back: - direct service. Route Focus: The current routes attempt to do too much and the consultant suggests that each route have an anchor (major destination) and should not attempt to serve more than 2 - 3 major purposes. Serving Low Ridenhip Areas: The system currently serves low ridership areas, which significantly hinder performance. ]fa destination provides very few riders but there is a transit need, the consultant suggested providing a more efficient alternative than fixed- route such as a Dial - a -Ride system. This type of service is dcscnlxd on page 3. System Name: The system name is used as an identifier, image builder, a source of civic pride, and it helps build confidence in the systM all of which translates into increased ridership. Denton Public Transit is a generic name. Renaming the system could convey a inure positive image. Other Recommendations: Need For Greater Visibility (paint scheme, logo, etc) j System Map and Timetable (information for passengers about the system), Marketing and Promoting The Service (revenue and image builders), Additional Management (contractor management), and Transfer Center Improvements The two major areas cited where changes are needed include 1) revising the route structure to reduce ride time and 2) actively marketing and promoting the service. These recommendations are discussed below. Service Design (Proposed Modifications) In order to generate the highest ridership (effecliveness) at the lowest cost (efficiency) the consultant determined that a traditional fixed-route type of service should continue to be used in the Denton area. During the study the consultants analyzed the existing ridership patterns to determine origins and destinations of the current system. The consultants also interviewed dispatchers, drivers, customers, rode each of the routes, and held public meetings to solicit ' A stakeholder continents. The proposed routes were based in part on this analysis. j 2 1 The new route structure initially calls for four fixed-route buses with a fifth bus to be added during peal: hours (7:00 am - 9:00 am and 4:00 p.m - 6:00 p.m) serving the Denton area in a t inxd transfer approach (Attachment 2). Basically, all buses will meet every half-hour for the purpose of facilitating transfers to other parts of the service area. The buses will travel two routes every hour and will operate on one-hour headway (each route takes a half-hour). There are eight routes to cover the service area. It is proposed that routes be connected to each other by using the same vehicle for two routes (interlining). This "but and hack" type of routing will significantly reduce round trip travel for virtually all customers. Maximum round trip ride time under the worst conditions will be one and a half-hour, while most (rips will be well under one hour. This is compared to the current system where most round trips are at least an hour, with many trips taking two hours. It is anticipated that alter two years, the system will need to expand to five full-time fixed-route buses, with a sixth bus during peak hours. In the fifth year it is anticipated that six full-time vehicles will be necessary, with a seventh bus as a peak vehicle. However, these estimates are subject to change depending on ridership patterns and funding availability. ~ I A number of areas were identified where current low ridership patterns do not support continuation of feed route service, yet the area has sonic level of transit need (Attachment 2). These areas include [be kiwer southeastern and far northeastern portions of the service area. It is recommended that these areas be served on a Dial-a-Ride (DAR) type service using the smaller demand response type vehicles. In addition to serving these low ridership areas the DAR could be used to extend service hours into the evening (7:00 p.m to 9:00 pm). Although lower ridership levels are anticipated during the evening hours study results as well as prior ridership surveys and customer requests provide sufficient justification for the increased service. Tbcrefore, the DAR would provide two distinct services: evening service and transportation for persons located beyond the fixed route service area but still in the city. Other proposed improvements to the transit system include revisions to the demand response service and fare policies. Accessible vehicles (low door or lift-equipped) are required by the Americans with Disabilities Act for persons unable to use the fixed-routs. The intent of this system is to mainstream as many persons with disabilites as possible. Because demand response service is much more costly, the objective is to make the fixed-route as easy to ride as possible and to provide as few rides as possible on the demand response. Suggested steps to accomplish this objective include: I ) providing low fare incentives to persons with disabilities to ride fixed-route and the highest possible fare on demand response, 2) providing travel training to assist persons with disabilities become more comfortable using the fixed-route, 3) providing driver sensitivity and passenger assistance training, 4) performing frequent preventive maintenance to insure vehicles and lifts are working properly, and J 3 t S) establishing astringent eligibility certification process to ensure that only those persons in need ride the demand response. Suggested revisions to the fare policy call for the development of a monthly pass and multiple ride tickets for regular users that allow for a discount over normal fares. These types of passes are designed to generate revenue for the system by making it easy for passengers to use the service. Also, as mentioned above, the consultant suggested that persons with disabilities eligible for demand response service receive an even lower fare than the current S.35 when they ride t}r, fixed-route. E I Marketing and Sponsorship Marketing our small transit system, like most other businesses, is very important to its success. As a part of the study recommcndat;m the consultant points out that the key to marketing transit is to keep the budget low, while getting widespread (posithc) exposure. One of the major findings in the review of the current system is the lack of system identifiers such as a logo, a name, and a paint scheme. The consultant suggests that the deficiencies be corrected in conjunction with the implementation of the new service design. This would give the city an excellent opportunity to promote the service to the general public as well as business and community leaders. The recommended steps in dcvelopung a marketing program are detailed below, A. Developing System Identifiers 1. System Name: The name should instantly identify the system, be simple and tied to an outstanding feature of the service area. Suggested examples included North Texas Express, Denton Express and College Town Transit, The consultant also noted that a number of systems have turned the naming of the system into a contest open to school children or even the general public which builds public support. 2. Logo: The logo should be easily recognizable and should tie directly into the system name. 3. Paint Scheme: Traditional paint scheme design in the transit industry includes white vehicles with stripes based on the system color scheme and logo. However, there are many other options. B. Image Building: Once the system has been named and the logo and paint scheme has been designed the next step in the marketing process is to build a positive image, This includes attending public metings, informing the public and developing partnerships with private Industry as well as the public sector. The consultant suggests that perhaps the sponsorship r program be initiated under the slogan "We Mean Business" and court 4 Include an empltlsis on servicing business and employees, and providing a f f I 4 r a valuable service to both. C. Gaining Public Support, A significant amount of staff outreach needs to take place to ensure that all organizations and their constituents understand the new system, and how it differs from the old system D. Building Ridership: In efforts to attract riders to the new system, several recommendations were presented by the consultant including fare rel.uctions on low ridership routes, and free fares for the first two weeks of service. Another approach to gaining riders is to have a demonstration bus at pedesrirn entrances to public facilities, shopping centers, malls, etc E. Customer Information /Service: The consultant also suggested that a tekph:)ne line (separate from the general administration number) be installed for customer service, complaints, and information. Additionally the city should develop a simple to read system map/time table and how to ride guide, as well as a separate how to ride guide for the demand response service. As a part of the image building and pmomotion of the service it was recommended that statl'work with the contractor to implement a sponsorship program that will be in place when the new system is initially marketed. The basic premise of the sponsorship program is that the transit system has a service to sell to sponsors. The service is advertising, but instead of the usual selling of just one form of advertising, the city could sell sponsorship packages. 7trese sponsorships and advertising funds can be an important source of local funding, and should be implemented first to determine the level of finding that can be attained. Examples of possible services for sale can include (but should not be limited to): a. Sponsorships services at any level Recognition ma sponsor on the system map an schedule Sponsored by... on all system literature and advertising Decal on side or back of the bus Advertising on transit benchesJsbehers Adopt a shelter or route Internal bus advertising Dedicated shuttle Special promotions sponsorship Free fare day Free route day b. Nigher Level Sponsorship Services , Company logo on the system map Placement of a shelter for customers and/or employees 1 5 Placement of a stop conducive to customers and /or employees (this could include going into a parking lot and stopping next to the facility Route named for sponsor Bus wrap If properly packaged, these services have considerable value to businesses such as: large retailers, hospitals, large local based corporations, small local based companies, fast food restaurants, television, radio stations and local newspapers. However, development and implementation of this program will require considerable effort. As such, the city will need to determine whether or not to develop and implement the program in house or work through an advertisliVrnarketing firm to sell the sponsorships on a percentage agreement. Along with the development and implementation of the sponsorship program the city should explore the possibility of setting up standards for advertising on the system The advertising should be tasteful and within the normal bounds of advertising accepted in the Denton community. To the extent that we may legally do so, we recommended that the city refuse any advertising of a political, religious, or adult oriented content or intent, Since all advertising will need to meet standards established by the city we also propose asking the legal department to conduct a detailed review of proposed policies prior to Council's final approval. ESTIMATED SCHEDULE OF PROJECT: Timeline October 1999 Develop sponsorship and marketing program Develop capital and operating budgets and secure funding Develop ADA eligibility certification process November 1999 Conduct contest for system name Continue developing a marketing and sponsorship program Determine design of shelters and benches Conduct public meetings (Attachment 6) December 1999 Implement marketing e,td sponsorship program Begin to secure sponsors Procure shchers and benches for the system and make up stop signs Paint buses and apply the new logo Conduct public hearing (required by FTA for major service changes) City Council final approval. ; 6 i t January 2000 Initiate efigibi itycertification process Finalize exact routing and determine location of benches and slickers Begin wrapping buses February 2000 Develop how to ride guide and system schedules Radio and telephone systems in place Drivers and staff trained and in place 3 weeks prior to implementation Conduct major marketing efforts in conjunction with private and public sponsors Aiarcb 2000 Train additional staff to assist in implementation Confidently implement service April 2000 Continue close monitoring of the system Having served as an integral part of the transit study, staff is in agreement with the consultant's assessment of the current system performance and supports their recommendations. At this point, staff is seeking direction and approval from the Council to proceed with finalizing the basic service plan - including service design, implementation schedule, and the development of a marketing and sponsorship program. Staff will return to council in tale November - early December for fomtal approval of improvements to the transit system PRIOR ACTION! REVIEW (Council. Boards. Commissions): None FISCAL INFORMATION: The budgetary information contained in this report is based on the consultant's estimates and projected funding levels for federal and state sources. The actual funding levels will vary depending on the level of service provided and the success of the sponsorship program Based on these estimates, the city's ocal general fund contribution should not change significantly through the imp?-mentation of this five-year plan. For further detail of cost and revenue projections Attachment 3 details estimated operating costs for FY 2001 - 2005 while Attachment 4 projects operating funding levels for the same time period. EXHIBITS: i Attachment is Current Route Map C Attachment 2: Proposed Route Structure t 1' \ a 7 U u - , Attachment 3: Estimated Operating Costs FY 2001-2005 Attachment 4: Proposed Operating Levels FY 2001.2005 Attachment 5: Service Plan Attachment 6: Public Meeting Notice Res Si ted: Rick Svehla Deputy City Manager Prepared by: t. 1t.C 1( C'0 r. Verunica S. Rolen Public Transportation Coordinator g I I t 1 I r 1 DENTON PUBLIC TRANSIT ROUTES i ,f - a f 7 7 D 1 1 ' Legend f ` I X#CoMda 2 =COrtidor S C - Corridor4 1~ y r MCoaWorI / Corridor 7 Corridor! DAR Zones ICI r ♦ Employers ♦ High Wnelty Housing _ 1Cortkor s - Q MMkN F6I 11 ♦ part RW* j Col. ldorA ♦ RecreelknCOI -r j EdutaeorrFwMkln - _ E e~vatw } e a 1 1.6 C O r7 r Z Men I t i. J • orHeor A City of Denton Proposed Routes / 10 t t t DENTON TRANSIT OPERATING COSTS FY2001.2005 I 2001 1002 2003 2004 2003 Noun of Cost Hours of Cost Hours of Cost Hours of Cost Hours of Coat Service Serv Ice Service Service Servce f ~ Fixti Route 16,928 $423,200 16,928 $440,128 20,906 $365,298 20,906 $587,816 24,884 $728,354 ADA Paratransit 9,000 $225,000 9,000 5234,000 9,000 $243,360 9,000 $253,080 9,000 $263,430 i Diaf•rRidc 1,750 $43,750 1,1$0 $45,500 2,000 $54,080 2,000 $56,240 2,500 $73,175, TOTAL 27,618 $691,930 27,678 $719,628 31,906 S8621738 31,906 $997,196 36,384 S1,064,960 11 1 i. f Five-Year Projected Operating Funding Levels 2001 2002. 2003 2004 2005 Section 5307', 305,975 317,814 385,369 398,598 477,480 Local/la-Kind 122988 108,907 137,685 139,300 172,740 Fares 80,000 84,000 92,000 100.000 110,000 Sponsorships 30,000 50,000 55,000 60,000 66,000 TxDOT 152,987 158.907 142,684 149-244 238.740 Total Operating Revenue $691,950 5719,628 5862,738 S897,197 51,064,960 'Authonud levels; all other items are best estimate. i 1 I / r.(Ile 0 1 12 f ' c 1 k CHAPTER 5 SERVICE PLAN The service and implementation plan for Denton's fixed-route transit is based on the research, analysis, and public input received by the consultants during the course ofthis study in the first four chapters. The City of Denton Service Plan is in five parts. PART 1 • Service Design - The first part discusses the service design, covering each route with a detailed description. 0 PART 2 • Budgetary - This is followed by a review of the budget for the first year of operation and projected budgets for subsequent years. PART 3 - Implementation Issues - This pan reviews implementation-specific issues { relating to the operation of the service during the scan-up phase: • PART 4 - Marketing and Sponsorship • The fourth pan of the serylce plan relates to a variety of marketing and sponsorship recommendations all combined into an implementation plan 1 a PART S • Performance Monitoring • The fourth part of this plan includes the requirements for appropriate and effective transit performance monitoring. Denton has significant experience in fixed-route service. The current service design using loop routes, while working, does not allow Denton residents to take full advantage of its transit system due to the very long ride time for most trips. The new route structure eliminates the long running time without sacrificing coverage area, and will consequently increase ridership, r Transit Service Needs Draft Final Report Evaluation for Denton t7 t i 1 PART 1- SERVICE DESIGN ( in order to generate the highest ridership (ef activeness) at the lowest cost (efficiency) it was determined that a traditional fixed-route type of service should continue to be used in the Denton area. This type of service has the potential to generate the highest productivity due to the design's ability to collect passengers at designated stops. In Chapter 2, all locations In the Denton area where density (persons per square mile) is suitable for fixed-route, were identified. The consultants analyzed the existing ridership pattens to determine the origins and destinations of the current system. The consultants also interviewed dispatchers, drivers, customers, rode each of the routes, and held public meetings. The routes were in part based on this analysis. Using a fixed-route design as described in this text will generate approximately 169,280 trips in the first year, and up to 248,840 trips in year five (based on ten one-way trips per vehicle hour). The Routes ( The system initially calls for four fixed-route buses with a fifth bus added during peak hours (7:00 a.m. • 9:00 a.m. and 4:00 p.m. - 6:00 p.m.), serving the Denton area in a timed transfer approach (Figure 5-1). All buses will meet every one half hour for the purpose of facilitating transfers to other parts of the service area. The buses will travel two routes every hour and will j operate on one hour beadways (each route lakes a half hour). There are eight routes to cover the service area. It is proposed that routes be connected to each other by using the same vehicle for two routes (interlining). Table 5.1 summarizes the operating statistics fcr each route. Where feasible, origin routes will be connected to destination based routes. The "out and back" type of routing will significantly reduce round trip travel time for virtually all customers. Maximum round trip ride time under the worst of conditions will be one and a half hours, while most trips will be well under one hour. This is compared to the current system where most round trips are at least an hour, with many round trips taking two hours. l A , r• Transit Service Needs Drafl Final Report Evaluation jor Denton 14 I ' I S- I h Legend OCartNa ! M Co"MorI ,corrMor4 Y ®ConM« E .!{i I ~Cortlda r ;cortldor 1 ♦ Employ" c«rMbr e ♦ fth Density Hou*M p MW" FaetlWe - ♦ PWk Ride ♦ Reoreeoon center Corridor a ~j EQuoedon Faoeetlee e co~ a .3 0 1 1.1 ee~--- -sue WAS r CorrMoe i JL Corridor I - ~ j ! I ~ t corridor t tii ♦ C) t \ Figure 6-I: CITY' DENTON PROPOSED SYSTEM ROUTES l IS G Table S-1 REVIEW OF ROUTE CHARACTERISTICS Total Route Average Mileage MPH Route 1 10 20 mph Route 2 7.4 15 mph Route 3 7.7' 26 mph Route 4 8 16 mph Route S 6.75 133 mph C Route 6 8.4 16.8 mph Route 7 5.4 10.8 mph Route 8 6.4 12.8 mph Total System Mileage 60.1 Does not include sertiice to Billy Ryan High School and to the County}ail house. i At ` O S e I6 c i I I i i i i r, C Each route will utilize a 30-foot transit coach. For ease of identification, we have numbered and color coded each route. In the implementation plan we will address naming and numbering approaches for the system. Following are the routes. Fixed Routes i E Route I Route Structure Originating from the transfer facility (Figure 5•2), Route 1 will take Elm Street southbound making a left on Dallas Drive. From Dallas Drive, make a left onto Teasley Lane, then another left onto the 135 access road heading southbound. Continue on the access road to the new Regional Medical Hospital, The vehicle will stop at the Medical Building and the hospital. On the return, the vehicle will travel on 135E from just west of Rt. 288 to Teasley Lane, thra return to downtown using Locust St. instead of Elm. From the hospital, Dial-a-Ride (DAR) service will be provided to the State School on State School Road. The round-trip length of the route is approximately 9.2 miles. This requires fast running times, which is possible on the 135 access road, with limited stops. , i Major Origins • Center Point Mobile Home Park • Ridgecrest Apartments • Sunburst Place II Apartments WoodhilI Apartments • London" Oaks Apartments Major Destinations • Denton Regional Hospital Denton State School a Albertsons ! /r~ r a Winn Dixie Transit Service Needs Deafi Final Report Evaluation for Denton 17 ' i h ' s i i ♦i e- J Lepend ~ ~;e ]Corttda 1 i ♦ Emp(oyws ♦ N)qh D"Sity NMI" O Modk+lFW-Md" ♦ Put Rlda ♦ F/eaulbn Comm Eduulbh FkMa" $ shopp6w ram _-a~~r i J 11gure 5-1l ROUTE I II " i .I C 1 I I I { Route 2 Route Structure Route 2 (Figure 5-3) will begin by taking S. Elm Street southbound making a left on Praire, a right on Bell, a left on Roberstoa, a left on Morse, a right on Duncan, a left on Kerley, a left on Shady Oaks, and then a right on Woodrow. Continue on Woodrow as it becomes Colorado, going into the Mall and then back out making a left on Loop 288. Follow Loop 288 to Wal-Mart where the rehm will originate. The inbound trip will follow the same routing as the outbound trip. The round-trip length of the route Is approximately 7.4 miles with an estimated operating speed of 14 mph. Major Origins Neighborhoods southeast of downtown r • Colorado Counts Apartments Major Destinations • Downtown, transfer center , • Kroger • Target a Golden Triangle Mall - Sears, Wards, Dillards, and ICPenney Wal-Mart • Office Max I r' Transit Service Needs Draft Final Report Eval cation for Denton 19 I r ' i ' i I i _ I I i ti r Legend - MCorrWor 1 ♦ Empioyas ♦ Hqh Dana Hy Housing Q Medical Faollldas Park We ♦ RecnabonCenwo Edueallon /aolllitlaa $ shopping 0 .4 .1 1.2 Miles i Ft`uraSJ: ROUTE 2 + 20 , t, c~ I ( Route 3 Route Structure Route 3 (Figure 54) begins its outbound trip southbound on Elm Street, making a left on Prairie, a right on Lakey, a left on Wilson, a left on Rudell, and then a right on McUnney. Continuing eastbound on Mckinney, a leA will be made at Loop 288. On Loop 288 a left will be made on Oriole, a left on Mockingbird, and then a right on Mckinney for the retum trip. Please note that it is not recommended that the vehicle turn off Loop 288 onto Market without a traffic light. On particular runs, the route will first go past Loop 288 to Billy Ryan High School. After the high school, die vehicle will proceed right on Loop 288. Also on particular runs, the rav:a will traverle down Woodrow Lana to Morse, then to Newton, to Wilson, to RuddeIl and then back to Mckinney to meet commuter needs. The distance for one round-trip is 7.7 miles (15.4 miles per hour), not including the trip to the high school or around the County jail and animal control. Including the high school run or the loop around the Countyjail and animal control, the round-trip mileage is approximately nine miles t with an estimated 1perating speed of l8 mph. Major Origins Mack Park Apartments f o Country Park Apartments l 8 Phoenix Apartments Major Destinations Billy Ryan High School • County Health Department • Downtown r t~ i Transit Service Needs Drat! Final Report EVa1Uat1071 jot Denton 1 t II i I ■ I J i 1 ♦ - ( r -T- d - - - Legion ®cornda ~ ♦ Emptoyve F ♦ Woh Ointity HauNnq Q MWIaUFraintws - ♦ put RMr ♦ Awls m cont"s Mud" FAcNIWM 6hopNn0 0 4 .1 1.2 Mims I flZurt ROUTE J C ~2 C~I Route 4 Route Structure Route 4 (Figure 5-5) begins its trip northbound on Bell, then makes a right on Mckinney going eastbound. Continuing on Mckinney make a left on Wood, a right on Paisley, a left on Pickney, it right on May, a left on Autumn Oak, it left on Lattimore, a right on pertain, a left on Mingo, it right on Ruddell, and a right on University. The return trip will follow the same routing as the outbound trip. The round-trip mileage for the route is eight miles with an estimated operating speed of approximately 16 mph. Major Origins Fairway Villas C Major Destinations Wilson Elementary Downtown City offices County complex I ttf f v Translr Senlce Need: Draj1 Final Report Evaluation for Denton r Legend - ♦ CoMdor / ♦ EmpbWn ♦ High Density Have Ing O Medical FIC"Ides I + Fare Ride - J s ♦ Recreation Centere j Educenon realities 1 $ !hopping 0 7 1 1 ~seaat . _ _ Mllo$ Flgarl S-Sl ROUTE / 24 Route S Route Structure The routing for Route S (Figure S-6) will follow Locust northbound, making a right on f Mckinney and then a left on Bell. Continue on Bell through the Texas Women's University. Continue on Bell, making a left on Windsor. On Windsor make a right onto Locust, then another right onto Hercules, followed by a right onto Stuart, a right as Windsor, and then a rt onto Bell for the Inbound trip. The round-trip distance for the route'ls approximately 6.75 miles with a estimated operating speed of 14 mph. Major Origins • Texas Womens University C Bar T Properties { 0 Eagles Landing Condominiums s Singing Sun Apartments Major Destinations • Evers Park Elementary School a Evers Park 0 Downtown Texas Womens University . f f i 'A o t ~ Transit Service Needs Drat? Final Report Evaluation for Denton !3 c f f Map Lsy*rj 1 corridor! Employ" Q HISh Density HOWIN" O MedIc4 Fad1Wa park Rich Raerearw CMtwI Education Facilities g ShoppU2 0 .4 S 1.1 , Mllaf ` ~ ~F gore M: ROUTE $ 26 0 U Route 6 j Route Structure i Route 6 (Figure S-'n will originate downtown going northbound on Locust making a left on Parkway, then a right on Bolivar, and a left onto Congress. Follow Congress to the Flow Rehabilitation Hospital, then around the hospital by going left on Ponder, a right on Bryan, another right on Panhandle and then a left on Fulton to Denton High School. From the high school make a right on Crescent and then a left on N. Carroll Boulevard. Continue on N. Carroll, make a left on University and follow University to the Kmart and Albertsons at Bonnie Brae. The inbound trip will follow the same routing as the outbound trip. The round-trip length of the route is estimated at 8.4 miles with an operating speed at approximately 16.9 mph. Major Origins ` , Neighborhoods to Northeast of downtown Major Destinations Flow Rehabilitation Hospital Denton High School o Kmart Albertsons Calhoun Middle School Ooodwill Industries Downtown Retail along University Avenue r r~ A. i r Transit Service Needs Draft Final Report Evaluationfor Denton 27 I c i I ti ♦i - Lyand ®carrldar r ♦ Emgoyrs O Modloal facu" ♦ Park Me ♦ j Edo"ON IaoWd" s u10Wk0 6 A .6 1.1 s~ai_~aa~sr Mtln ~ i FlIare 3-7s ROUTE 6 I f ~ ~ Q Route 7 Route Structure Route 7 (Figure 5.8) begins downtown and follows Oak westbound making a left on Avenue E to Hickory. Make a right at Hickory and continue westbound. Follow Hickory crossing over Bonnie Brae where it merges with W. Oak, Continue on W. Oak to the Greyhound station before tuming right onto the 135 access, and then another right on Scripture to Denton Community Hospital, From the Commutity Hospital, make a right on Bonnie Brae, and then a left on Hickory. Continue on Hickory Into downtown and the transfer facility. Round-trip length for Route 7 Is approximately 5.4 mites, The operating speed along this corridor is l l mph. Major Origins • Country Pine Apartments • Bonnie Green Apartments • Zodiac Apartments • Alton House Apartments • Maybil) Mobile Home Park Major Destinations Denton Community Hospital Greyhound Bus Station University of North Texas ' Downtown Medical facilities Transit Semlce Needs Draft Final Report Evaluation for Denton 29 i I h i I l I T } ~ 1 ~ -N 7 -~-legend _ - - - - \ l . ;Co"Idor r 1 ♦ Empoyvo ` High Don Illy 14OUS np © MedIW FsclUWe p Pwl Awa ♦ RecPsa%m CM1bn Eduutlon FaclliNs Shoppkp 0 14 .4 1.2 MINE j 1 ~ A~ F1{ure S-E; ROUE 7 )0 _ E p k Route 8 Route Structure Route 8 (Figure 5.9) will head out westbound on Mulberry, then make a left on Welch, a right on Eagle, a left on Avenue D (crossing over 13 S), then take the 135 access southbound. From the southbound 13S access, make a right on McCormick, a left on Parvin, a left on Bernard, a left on Willowwood, and then a right on McCormick for the return trip. The term trip would continue northbound on McCormick and follow the same routing as the outbound trip. The round-trip distance for the route is 6.4 miles with an estimated operating speed of 14 mph. Major Origins Willowwood Apartments The Oaks 0 Chaparral Apartments • Maple Apartments Chestnut Place Major Destinations a Radisson Hotel , d Denia Recreation Center Borman Elementary School • University of North Texas , a Dowmtown Route Pairings The system design is based on routes being paired, to mWmiu the need to transfer and more Important, to minimize the number of passengers that have to writ half hour for a transfer. The key is to match origin based routes with destination baud routes, in ordzt to ensure that most of the r o persons getting orfan origin-based route, will then go to a destination based route (Table 5.2). 1 Transit Service Needs Draft Final Report Evaluation for Denton 31 ate ~Trfl'`Il f ~-ry Legend - ♦ Employsn ♦ High Dansft "WAV T r..-~ - O Mod" Foolldos ♦ Park Rids ♦ Ra MIM Conlon i Edualbn fatMom 6hoppln/ / 0 1 1 --jai - Milli Figure 5-4: ROUTE 8 32 I c Table 5-2 { 'I ROUTE PAIRINGS Destination-Based Routes Origin-Based Routes ; I - Hospital 8 - South East 2 - Mall 3 - McKinney 5 - North (TAM 7 - UNT 6 - University Avenue 4 - North East Serving Areas Beyond Fixed-Route (Low Ridership Areas) A number of areas were identified that, while they cannot sustain fixed route service, still have some level of need that should be addressed at least on an "on-call" or DAR basis. These areas are delineated in Figure 5.10 and can be served by the City's Americans with Disabilities Act (ADA) I vehicles on a subscription and demand basis. This is discussed in detai, n the DAR section Downtown Transfer Point The logical location for a transfer site is in the downtown area. It is centrally located In the middle of the city, and it is a major destination point (critical to reducing transfers). The consultants looked at a number of other potential sites, including the old freight depot about a half mile east of downtown. The prblems associated with this site for transfers is its distance from downtown and even more important, its location adjacent to the very busy Union Pacific Railroad tine, requiring almost all vehicles to cross the tracks every half hour to get to the Depot. This is a safety and logistical problem, especially when trains stop at the crossing (as was witnessed several times by the consultants). This would interfere with almost all the routes, rather than just one or two routes. r r~ l Transit Service Needs Drat? Final Reporl Evaluation for Denton 33 c ' P - - - - - - Legend kmCordda I ®Corddor 1 ~CorAdor 1 ~__,CorrWor4 -Corridor 6 ®coMdor 1 ;Corridor 7 corrl6or i %-'cofrww 1 ,~r,+ ~ ~ DAR Zotwe - .,t ♦ Emooyrs jjj~ij`" ♦ HIpA Density Housing CortWoi 1 O Madtod FooYNlse ♦ Part FUdo f j ♦ Rsaadw CN Mrs j EdwAgm Faelllee j $ Shopping 0 1 1 Mks E \ cold" " - n~ . Cer e 1 Figure 5.10, CITY OF DENTON DAR ZONES 34 r~ Following are the attributes necessary for a transfer facility, i • Within three blocks of the downtown square Not disruptive to current parking patterns I Ease of vehicle access • Ease of pedestrian access Restroom facilities for drivers It Is recommended that the restored freight depot serve as the system operations center. At this center, the operator can sell tickets, train driven end consumers, store vehicles nightly, develop a maintenance base for the contractor, dispatch drivers and virtually all of the other functions required to operate service. Enhancing Existing Transfer Site The current transfer site Is well located, however it lacks customer amenities, restroom facilities for driven, and has a dumpster in the middle of the stop. If these three problems can be solved, this location would make in excellent transfer point. It is further recommended that whate: er location is used, it should have a display for customer to look at a route map, the system schedule, and the how to ride information. i DIaI-a-Ride The City of Denton officials selected a service design that called for evening (7:00 p.m. to 9:00 p.m,) service using two-three DAR vehicles. In addition, DAR service will be available to those persons residing in designated areas on the edges of the city, to the nearest fixed-route bus stop. Therefore, there will be two distinct DAR services. One for evening service and the other for persons beyond fixed-route, white still In the City. 'A l Transit Service Needs Draft Fiwl Report Evaluation for Denton is c• i I i i I i These services should be operated similar to ADA paratransit. The existing contractor is well equipped to provide this service, having the vehicles and drivers in place as well as an efficient dispatch operation with paratransit software. These two DAR services are discussed below. I Evening DAR Service Since ridership will be much lower in the evening, it is not cost effective to operate a full complement of fixed-route service and ADA service (about 5.6 vehicles). DAR vehicles would operate throughout the service area during these hours. The existing contractor uses these types of vehicles for ADA service. After 7:00 p.m. these vehicles would be used exclusively. for DAR (ADA paratransit is not needed when DAR is operating). Persons wanting a ride will call a special telephone number about an hour before their pick- up time. Standing orders will be accepted for work or medical appointments recurring at least once per week, These persons will be picked up at or near their origin and will be dropped off in a similar manner. This service will use the paratransit vehicles and will be open to all persons. Since it is a group service, most passengers will not get a direct ride. This will require approximately five I vehicle hours per night initiey, with an increase to six hours within the first year (1,250. 1,500 vehicle hours annually). Service To Fixed-Route In order to ensure that remote Areas (with very low ridership) currently receiving service continue to receive service, it is recommended that the system provide DAR connections to the nearest bus stop in order to provide access for all city residents. This DAR service would be operated using ADA in service vehicles that will be routed to these trips as necessary. It is estimated that the total number of DAR requests of this nature will be 5. 10 one-way trips daily, enough to include about two hours a day for DAR service. This comes to about 500 hours of service annually. i r~ Transit Service Needs Draft Final Report Ewwtuarion for Denton 36 t~ Service for Persons with Disabilities t ADA requires that all fixed-route transit systems operate with accessible buses (low flcc*, or lift-equipped) and a complementary paratransit system for persons that cannot use fixed-route. The intent of this system is to mainstream as many persons with disabilities as possible. It is recommended that paratransit serve only those persons that cannot use fixed-route because of a disability. The objective of ADA paratransit is to provide as few rides as possible and to make it easy to ride fixed-route. The following steps will help the system reach a high mainstreaming goal: Fare incentives - Persons with disabilities and elderly persons should receive significant fare incentives to ride fixed-route. That Is, their fare should be 5.25 or less on fixed- route, and the highest possible fare on ADA paratransit. a Travel training - Many persons with disabilities are able to use fixed-route service if they receive some level of training. Driver training - Drivers and all staff with contact with the public should receive C sensitivity training. Drivers must be properly trained in passenger assistance methods as well. a Preventive Maintenance - All lift-equipment should be maintained to the highest standards. 1£a lift is not working, the bus should not go into service. a Stringent eligibility certification process - To ensure that only those persons In need ride paratransit. Systems have found that just the fact that everyone applying for par ttransit must take a functional test, has reduced the number of new applications by 25 percent. f It is anticipated that the City will need to operate about the same level of service in the future as in the past. This will require about 9,100 hours of service (about three full-time vehicles). Five-Year Service Levels Table 5.3 details the overall service levels for fixed-route as well as ADA and DAR r paratransit services for the next five years. This information will be used to determine the budget in N r' the financial section to follow. 1"nis table also compares planned service levels to the current year. Transit Service Needt Draft Final Report Evaluation for Denton 37 C Table 5.3 t FIVE-YEAR SERVICE LEVELS 2001 2002 2003 2004 2005 Fixed-Route # Routes 8 8 8 8 10 # Regular buses 4 4 5* 5 6 # Peak buses 5 5 6 6 7 I Dial-a-Ride # Vehicles 2 2 3 3 3 # Hours/Day 5 5 6 6 6 ADA P& %tromIt # Vehicles 3 3 3 3 3 # Hours/Day 30 30 30 30 30 s / *Two routes will operate on half hour headways. l It is anticipated that after two years, the system will want to expand to five full-time fixed- route buses, with a sixth bus during peak hours. In the fifth year it is anticipated that six full-time buses will be necessary, with possibly a seventh bus as a peak vehicle (Figure 5.11). This is subject to change, however, depending on ridership and funding. Vehicles All fixed-route buses will be 30-foot transit coaches. These vehicles will have a ten year (or greater) life. The system already has a relatively new fleet, Including some brand new buses (Table 5.4). The City may also want to consider using a rubber tired trolley on the two university routes. The paratransit vehicles will be "cutaway" type vehicles with a five year life. These vehicles r will also be either low floor or lift-equipped. All vehicles will be equipped with simple fareboxes, r as well as two way radios or cellular telephones. v Transit Service Needs Draft Final Report Evaluation for Denton 38 t. c ' s x - Legend Corrldor 1 CWTWW MC«rw« 7 ♦ r .4 co~ Worrldor 6s cb as ®Coill" I I'~,;corrWor ati ~Corrlda • 'mcwftw 10 Carr kbr 6. ♦ Empwyors t , ♦ High DanaMy HoushV Corridor O Modksl FoaNdas ♦ Park r4do i Carr s ♦ Ibcrsob" Canhn f j EduoWon FsMoot $ "opov .8 1 1.5 IAMt rids Corr d ~r / FlSvrrS-If i FULL BUILD OUT OF SERVICES f \ r l ~ 39 I G Table 54 • CITY OF DENTON PUBLIC TRANSPORTATION VEHICLE FLEET Agency Vehicle Idcmi6wtion Model Vehicle Seating V4=lchalr # Tie Mobile Owned Funding Condition Current 4 Miles Backup Fleet Number (VIN) Year Type Capacity Lit'URamp7 Downs Radio? or Source Odometer Operated or Number Leased? Reading Past 12 Regular i tombs Service city 60 1BAGBCSA2WF080241 1998 Bus 29 Yes 2 Yes Owned VGood 50,301 36170 Regular city . 61 1 BAGBCSA6WFU80405 1998 Bus 19 Yes 2 Yes Owned V Good 43.071 31.397 Regular I City 62 IBAGBCSASWF080406 1998 Bus 29 Yes 2 Yes Owned VGood 49662 35,461 Regular City 63 IBAGBCSAOWFU90240 1998 Bus 29 Yes 2 Yes Owned VGood 40949 28022 Re tar City 71 16MG31174V1060972 1997 Van 12 Yes 2 Yes Owned VGood 30112 21266 Regular city 72 IGB1031F3VIM0929 1991 Van 12 Yes 2 Yes Owned V Good 33.423 21.455 Regular City. 13 I68103IM106089) 1997 Van 12 Yes 2 Yes Owned V Good 34,920 27,349 Regular city 96 1BAGlID751RS002125 1994 Bus 36 es 2 Yes Owned Good 112,520 24,224 Regular city. 97 IBAGG87A3TF071466 1996 Bus 40 Yea 2 Yes Owned Good 75,317 17,459 Regular Bus 29 Yes 2 -r---t-O--n Order Bus 29 Yes 2 Ott Order Van 13 Yea 2 T Awalrlnppstlve Van 13 Yes 2 Awoltfe brllve C I U Fare Policy Fares perform two separate functions in a system such as Dentor►'s. The fast and obvious function is to generate revenue for the system, and the second is to help direct ridership toward certain times, routes, or services. 'These two functions are &scussed below. The current fare of S.75 (base) with reduced fares for children, seniors, and persons with disabilities should be maintained. It is recommended that persons with disabiGaes eligible for ADA paratrarsit receive an even tower fire ($.10 for example) when they ride fixed-route. This approach has been proven to divert trips to fixed-route. ADA paratransit should be $1.50. DAR service should have the same fares, all with free transfers. Denton should develop a monthly pass for regular users that allow for a ten percent discount, based on a 21 day work week ($28.50). Multiple ride tickets of ten and 20 rides can also be offered at $7 and $14, respectively. These passes and multi-ride tickets are designed to generate revenue for the system by making it easy to use the service. Contractor and City Responsibilities The City will contract out both its fixed-route service and paratransit service. The decision point is to contract them separately or as one package. The consultant recommends that both , services be contracted together. Us gains economies of scale, allows better coordination between the modes, can generate a more competitive bid through greater Interest based on a larger contract, 1 and allows the City to work with only one contractor (reducing costs to administer the contract). This section reviews the roles that both the City staff and the contractor will play. That is, { what responsibilities will be placed on the contractor, and what responsibilities will the City retain? Following are the recommendations of the consultant. i ~Ar` 0 Transit Service Needs Draft Final Report Evaluation for Denton 41 6 The City's Responsibilities i The City will play a pivotal role In coordinating activities among operations, maintenance, marketing, eligibility cerification for ADA, and a variety of other functions. It is essential that the j City continue to take an active roll In monitoring and planning this service. These issues will be discussed in retail in Part S. The City's other primary responsibilities in addition to coordinating and monitoring activities will include: Overail responsibility for the service, • Markedng/promoting services, • Service planning, • Paratransit eligibility certification, Supplying maintenance, storage, clearing, and facility space (if the freight depot is rebuilt as planted). Contractor The contractor will basically be responsible for all operations functions. Following are the basic functions required: 1 • Management of the day-to-day operations, • Operation of the vehicles according to the contract, • Hiring, training, and supervision of drivers, • Road supervision, • Maintain risk management program and overall responsibilLy for safety, Reports as required, r t ' ; • Ensure that vehicles are safe and properly maintained, f' t Transit Service Needy Drafl Final Report Evaluarlon for Denton 42 t c it I Attends meetings to represent the system, and assists in service planning. I PART2-BUDGETARY Denton's budget should not change significantly through the Implementation of this plan. The consultants used the same basic budget assumptions to develop the first year and subsequent budgets. Additional expenses include expanded service hours using DAR service after 7:00 p.m., the additional peak period bus as well as the outlying DAR service to the closest fixed-route stop. Revenues are based on information available from the Federal Transit Administration (FTA), Texas Department of Transportation (TxDOT), and the City of Denton. Sponsorship revenues will J also be projected for the first and subsequent years. Operating Costs The primary cost element for any transit system is the delivery of service. For purposes of projecting costs, the direct costs of the operation have been converted to a cost per hour. Tables-5 details the five year budget for the system, based on cost per revenue hour of service. The following assumptions are used to build the budget: The cost per hour of the combined paratransit and fixed-route service will be S25 for the I first year, with four percent increases for inflation during each of the four subsequent years. • Fixed-route will operate 6:00 a.m. to 7:00 p.m. throughout the five years. Years I and 2 will use four full-time and five peak buses. Year 3 and 4 will include live full-time and six peak buses. Year rive (full build-out) will have six and seven vehicles. DAR will operatc from 7:00 p,m. to 9:00 p.m. using between five and six vehicle hours nightly. The service will operate on 254 weekdays, allowing for seven holidays. r Transit Servlce Needs Draft Flnal Report Evaluafion for Denton 43 I t; c• , I i 4. Tabu S-S: DENTON TRANSIT OPERATINO COSTS FY2001.2005 2001 2002 2003 2004 2005 Hours of Cost (lours of Cost Hours of cost Hours of Cost Hours of Cost Service Service Service Service Service Fixed-Route 16,928 $423,200 16,928 $440,128 20,906 $56S,298 20,906 $587,876 24,884 $728,354 ADA Paratransit 9,000 $225,000 9,000 $234,000 9,000 $243,360 9,000 $253,080 9,000 $263,430 Dial-a-Ride 1,7S0 $43,750 1,750 $45,500 2,000 $54,080 ON $56,240 2,500 $73,175 ' TOTAL 27,678 $691,950 27,678 $719,628 31,906 $862,738 31,906 $897,196 36,384 $1,064,960 ' f) III I 4 c. As can be seen in Table 5-5 the first year costs for service will be about 5692,000. Service levels Increase by 50 percent in the fifth year for a cost of $1,064,960. Operating Funding The primary source of operating revenue will be the FTA Section 5307 funds. Current authorization action for 5307 provides significant dedicated funding for Denton as follows; 2000 2001 2002 200 2004 2005 FTA Section 5307 $543,713 $585,460 $626,900 not allocated at this time------------ Additional operating revenues are anticipated from the City using both cash and "in-kind" services (which can be used as a local match for Federal financial assistance), customer user fees or C "bus fares", contracts for service, sponsorship/advertising revenue, and particularly additional fu_iding from TxDOT allocations. Five-Year Projected Operating Funding Levels 2001 2002 2003 2004 2005 Section 5301* 305,975 317,814 385,369 398,598 477,480 Locabin-Kind 122988 108,907 137,685 139,300 171,740 Fares 80,000 84,000 92,000 100,000 110,000 Sponsorships 30,000 50,000 55,000 6000 66,000 TxDOT 152.987 158.407 192.694 149.249 239.740 Total Operating Revenue $691,950 $719,628 $862,738 $897,197 51,064,960 'Authorized levels; all other items are best estimate. Transtr 5eMee Needs Drat? Final Report Evaluarton for Denton 41 v r 1 ~I I M s *Authorized levels; all other items are best estimate. i Capital Needs j The system will have enough vehicles under any scenario for the next five years. Capital needs include bus shelters, benches, and signs. The costs for these items are as follows: 10 Bus shelters and pads $1,750 each S17,500 20 Benches S400 each $8,000 240 Signs $50 each $12,000 Total $37,500 Installation would be an additional cost, however if installation is conducted by City staff, the cost of that work can be used as part of the City's match. Capital Funding Capital funding needs are minimal at $37,500. There are three ways that these funds can be secured. The first is through selling sponsorships of the signs, benches, and shelters all of which can ` be used for advertising. The second would be to seewe a capital grant of FTA furds through TXDOT. The third a,ould be to use "set aside" funds that were allocated to Denton, but not used. PART 3 - MARKETING AND SPONSORSHIP This part of the service plan discusses marketing and sponsorship development. These /t activities are all essential ingredients to the implemontatlon plan and all work closely together. Every effort must be made to develop effective marketing and sponsorships prior to implementation. Transit Service Needs Drap Final Report Evaluation for Denton 46 t- Therefore, the first section will discuss effective marketing, starting with developing service identifiers, and then are followed by the development of a marketing plan that employs techniques used in both the public and private sectors. The second section details how to implement a sponsorship program. 1, Marketing/ Promotion of the System - Greater Visibility I Marketing small urban transit, like most other businesses, is very important to success. The key to marketing for transit is to keep the budget low, while getting widespread (positive) exposure. One of the major findings of the review of the current system (Chapter 3), is the lack of system identifiers - a logo, a name, and a paint scheme. these deficiencies should be eliminated in conjunction with the implementation of the new service design. Infect, the kickoff of the new service will give the City an excellent opportunity to promote the service to the general public as well as community and business leaden. Focusing The Marketing Effort The first step in developing a marketing program is to dmetmine the goals and objectives of the marketing effort. There should be four basic goals of the marketing/promotional program. A. Developong System id ntiflers -Name recognition is important io any transit system or other businesses. The objective of the system identifiers is basic awareness of the system. B. (Ma¢e huldine - We Mean Business - Informing the community of the service. Building an image as a respected public service that can meet the needs of a wide segment of the community, C. CainW&S42on - Oamering support from business, community/political, and human service agency leaders. D. 9 uildi Ridership - Marketing efforts that help build ridership. Included in this effort Is building initial ridership through media exposure, well placed ads, public service A, . , announcements, and free fare for the first month. Transit Service Needr Drat Final Report Evaluation for Denton 47 rI t c, 9 I A. System Identifier The first part of this section of the plan focuses on system Identifiers. Basic tools used to promote the service to the general public and the business community. The system Identifiers include; name, logo, end paint scheme. They ere very Important to name recognition and marketing in general. The key here is to think like a business in this situation. Businesses highly value name recognition and Image. Careful thought should be put into these tasks and they should be designed professionally. i System Name. The name should instantly identify the system. A name should be simple and tied to an outstanding feature of the service area. For example • Denton Transit System, or Denton Area Transit explain the system, but do not have any identifiers that stand out Examples of these types of names include; The T, DART, Capital Mctro, or VIA. These names all convey an image and allow for name recognition. Names that bring out an Image of the community include; CollegeTown Transit, North Texas Express, or Denton Express. A number of systems have turned the naming of the system into a contest open to school children or even the general public. This generates very signi;icent positive, free publicity for the system. It is recommended that a contest be held, open to All schoolchildren to select a name for the system. All participants will get a one day pass to ride the new service. The selection of the best entry should be in the hands of City staff to ensure an appropriate system name. Logo. The logo should be simple in design and easy to apply to buses. It should catch the casual observers eye and be easily recognizable. It should tie directly into the system name. A telephone number should be on the vehicle as well. Paint Scheme. A simple white with stripes based on the system color scheme (determined through the logo) is traditional in the transit industry. There are other options as well, The essential / I point is that the paint scheme should be consistent and attract attention. It the buses are wrapped, I Transit Service Needs DrgA Final R"rl Evaluation for Denton ~A i t a u t ; there must be parts of the bas that allow an observer to know what it is. The front and back and part t of the sides can be reserved for the transit system. B. Image Building • "We Mean Business" The first step in the marketing process is to build a positive Image. This Includes developing a good logo and catchy name. Once this has been accomplished, it will require significant effort (in staff support) to build on the new name and logo. Building an image Includes a commitment by City and contractor staff to attend public meetings and present materials, to Inform the public, and to forge partnerships with private industry as well as the public sector. Perhaps the sponsorship program can be initiated under the slogan of "We Mean Business." Public/private partnerships can be very meaningful in Denton. This image should include an emphasis on serving businesses and employees, and providing a valuable service to both. C. Gaining Public Support Obviously the best show of support Is high ridership. Prior to that happening it Is important to gamer the support of communir m from a wide range of areas including, but not limited, to: a The Chamber of Commerce, • The Universities School districts, 1 0 Local churches, a Civic/community organizations, • Media outlets, Political leaders, and Human service agencies A significant amount of staff outreach should take place to ensure that all organizations and their constituents understand the new system, and how it differs from the old system. It may also be useful to get a letter of conunitment and support of the transit system. (j - r' Transit Service Needs Drop Final Report Eval:,arion for Denton 49 c, D. Increasing Ridenhlp The City will be attempting to draw riders to the new system. In addition to raising the visibility of the system (as discussed above), which helps draw riders, there are a number of activities that can be conducted that are designed to attract riders. Most of these center on fare reductions or "sales" we are having a half off sale this wtek on the route four bus, for example. Many systems have had success with fare promotions. It is recommended that the City have the system fare free during the first two weeks of the service. This will have to be widely publicized. When ridership on a particular route is low, you can have a We on that route. i Another approach to gaining riders is to have a demonstration bus at various pedestrian enhances to public facilities. Allow persons to board the bus to look it over. Schools, malls, Wal- mart/Kmart, and other "big boxes" are excellent places to demonstrate the bus. Customer Informstion/Service. A telephone number will have to be Installed for customer service, complaints, and information. This telephone should be separate from the general administration telephone number. The City should develop a simple to read system mapldme table and how to ride guide, as well as a separate how to ride guide for ADA paratransit. Samples of how to ride guides will be supplied to the City. 2. Developing a Sponsorship Program l Immediately after the new system identifiers have been selected and implemented, as part of the image building and promotion of the service, City and contractor staff should work to implement the sponsorship program. This will require that the sponsorship program be in place and ready to implement when the new system is initially marketed. Timing of the sponsorship program is critical, First it must occur immediately after the initiation of the new system Identifiers In order to take advantage of the publicity. The potential r~ sponsors will have a new positive image of the transit system. Second, since some sponsorship A Transit Sen-ice Needr Draj? Final Report Evaluarlon jvr Denton s4 t~ ~i packages will Influence the routes (pulling Into a facility) or the route names it must be done well enough in advance to make changes and print schedules and maps. This program is based on the premise that the transit system has a service to sell to sponsors. The service is advertising, but instead of the usual selling ofjust one form of advertising, the City should sell sponsorship packages. 2h City shoLd not be asking for donations. Since sponsorship and advertising funds are an important source of local funding, this program should be implemented first, in order to determine the level of funding that can be attained. Development and Implementation of the Program The City staff will need to determine if they want to develop and Implement this program In house or work through an advertising/marketing firm to sell the sponsorships on a percentage agreement. Developing end implementing the program is a considerable effort, and therein lies the trade-offs of the two approaches. While the work is harder and time consuming, the potential revenues we greater (if properly implemented). If the City chooses to seek outside assistance, they should first meet with a number of firms to determine their interest, and then seek proposals through a competitive procurement, . I Identifying the Service ~I As discussed above, the program is designed to sell a service to both public and private sponsors. Possible services for sale can Include (but should not be limited to); Sponsorship Services At Any Level Recognized as a sponsor on the system "How to !side Guide" (system map and schedule) Sponsored by... on all system literature and advertising • Decal on side or back of the bus • Advertising on transit benches Advertising on shelters r ' Adopt a shelter or route Transit Service Needs Drafi Final Report Evaluation for Denton S t ~I I c, II r I~ • Internal bus advertising • Dedicated shuttle • Special promotions sponsorship • Free fare day • Free route day Higher Level Sponsorship Services • Company logo on the system map • Placing of a shelter for customers and/or employees Placing of a stop conducive to customers and/or employees -this could include going into a parking lot and stopping next to the facility • Route named for sponsor • Bus Wrap If properly packaged, these services have considerable value to businesses such as: • Large Retailers - Wal-Mart and Kmart are excellent examples, the mall and grocery storos are others. • Hospitals • There are many examples of wrapped buses for hospitals, medical groups, and pharmacies. { • Large Local Based Corporations - PeterLui't. i an excellent example. • Small Local Based Companies - Any local company can participate at a number of levels. • Fast Food Restaurants - Wrapped buses are popular with some of the larger chains. • Television, Radio Stations, and Local Newspapers - There are also opportunities with these organizations. They can give the system valuable advertising. Develop Sponsorship Levels and Packages After determining what will be for sale, the following activities should be accomplished: • Price the Items - Attach value to each item for sale. Check with firms that wrap buses to determine the cost of a wrap. Items should be priced competitively with similar types of advertisements, such as bitlboards, and television and radio advertising. Think bigl Both large and small firms should have opportunities. Setup multi year packages for semi-permanent advertising such as bus wraps, shelters, and bench signs. The sponsor t l 1 pays for all of the signage and installation, Transit Service Needs Drat} Final Report L'raluation for Denton 52 C Develop Sponsorship Packages • After pricing the various services to be provided, COO should put them in sponsorship packages to maximize revenue. Each level of sponsorshlp should have a name to it For example; gold, silver, bronze, etc, or a name to connect transit examples can Include: - High End Sponsor (Five star, platinum, etc,) • the value of these services is significant High end services should only go to those sponsors willing to pay over S 10,000 per year (with ) year contracts). Various packages can be combined based on a customer/sponsors need. These high end services Include, but are not limited to; bus wraps, a shelter in front of facility with advertising, route named after sponsor (e.g. Mall route, Hospitat route, or Wal-Mart route), routing conducive to the sponsors business, free fare days, and a logo on the system map. The services should be worth up to S 10,000 per year and more if they are combined. Mid Level Sponsors • These sponsors should have access to a variety of packages that include; advertising on a shelter(s), bench(s), and internal advertising. Decal on back of the bus, and name in the riders guide are also available, Other opportunities can include sponsoring special promotions, and free fare days. • Entry Level Sponsor • Small local sponsors have a place In sponsorship as well. Packages can Include; advertising on benches and internal advertising. Certain special promotions should be priced for the entry level Sponsor, and recognition u A sponsor should be on promotional material. Create Promotional Material - Develop materials to sell the sponsorships. -Ile material should be of high quality, Benches and shelters should be selected by the City, • Recruit Supporters • Community and political leaders can be recruited to help sell the packages. Attempt to get local media outlets to ASSisL • Sell Sponsorships - After 411 of the preparation has been completed, the sales can be Initiated, Both large and small sponsors should be sought for larger firms, first attempts should be with local contacts. If attempts with large firms fail at the local level contact regional or corporate offices. Limits on Advertising I The City should set up standards for advertising on the system. Advertising should be tasteful within the normal bounds of advertising accepted In the Denton community. It is (j r r' recommended that the City refuse any advertising of a political, religious, or adult oriented conter ! illli l Transit Service Needs Draft Final Report Evaluarfon for Denton 33 I A t. I or intent. This will only cause controversy where none is wanted. For example, an urban transit t, system recently had a large advertisement on buses with the picture of a young man in his underwear (an underwear advertisement). While that might be acceptable in this city (although controversial), it definitely would not be acceptable in Denton (and most other places In the United States). Advertising should be of a quality design and application. All advertising should meet quality standards developed through the City. It should be professionally designed and Installed it must look good. PART 4. IMPLEMENTATION ISSUES AND TASKS There are a variety of implementation issues, beyond the marketing and sponsorship tasks discussed in the previous section. Most of these Issues revolve around operational tasks that must be accomplished to ensure success. Prior to implementation of the service, the City and its contractor will have to address a number of Issues critical to ensuring success on day one. It is absolutely essential that the system { be ready on opening day. It would be better to postpone the start date If the system is not ready, than to provide less than quality service on day one. First Impressions are very important. Following are the operational issues that should be closely monitored by the City: 1. Finalize Routes I This includes two Issues, refining the routes and then naming them fora sponsor or for the destination. Refining Routes Once all of the sponsors are in place (those requiring route changes), and the transfer point has been determined, the exact routing of the vehicles should be finalized. The City should select n' A l!~` those locations where the vehicle will go off of the street and Into a parking lot. "Chose locations Transit Service Needs Drat? Final Report Evaltratron for Denton t I t, should be based on anticipated trip boardings and alighting at the stop (hospitals and major shopping facilities). Identifying which facilities to pull Into should also be based on sponsorships that have the vehicle pull up to their door When the routes have been determined the City and the contractor should check the mileage and ensure that the average speed of the route (from start of the route downtown, until it is back and ready to leave again) Is no greater than the speed indicated in the service plan (Table 5-1). Each change in routing affects other parts of the route Noming the Routes Route names have value, therefore some thought should go into naming the routes. The sponsorship program discusses naming a route for a high level sponsor, for example - The Wal-Mart Route, the UNT route (or shuttle), The Mali route, etc. After the sponsor names are used up, it is j recommended that routes be named geographically, for example W, University, McKinney Ave route, Southwest route, etc. Each route should also be color coded for ease of reading schedules. This is a simple way to id,ntity routes. 2. Design, Procurement, and Installation of Signs, Benches$ and Shelters , i Btu stop signs, benches, and shelters are alI essential components to a transit system. While performing their obvious functions, t:sey also serve as excellent advertising for the system. j Therefore, they must be designed with,care. They should fit in with the system logo, colors, and motif in general. Benches and shelters should be of a simple durable design, that Is close to j maintenance free. The City should have complete control over the design and installation of the signs, benches and shelters. All signs that will no longer be on a route must be removed. I Transit Service Needs Draft Final Report Evaluation for Denton SS 1 c' Identifying Locations Bus stop signs should be installed approximately every quarter mile on each route using near side comer bus stops, where possible. That is, buses should, stop at the comer prior to crossing an intersection. Benches and shelters should be placed as dictated by the sponsorship program, and at all mayor bus stops. When shelters and benches are installed, the City must ensure that they meet the requirements of ADA. Based on the system mileage of approximately 60 miles, about 240 signs will be needed. New shelters should be Installed at the transfer center as well as major stops. Ten shelters are recommended. Benches should be placed At some of the major bus stops as well as where directed by the bench sponsor. Approximately 20 benches should be purchased. 3. Prepare Vehicles All vehicles should be prepared for the new service. It is very important that the vehicles are painted in the new system paint scheme, and have their logo in place. It is essential that all of the vehicles are in execlIent condition, have fully functional lifts, and very clean for the new start-up. 4. Driver and Staff Training As part of the contract with the operating entity, all drivers should be fully trained prior to revenue service. Since the drivers will be the existing fully trained driven, training in customer relations and the new routes will be necessary. 5. Development of the Transfer Facility While a new transfer facility would be a good thing, for the present time the existing site Is adequate if there are some modifications. First, the dumpster must be relocated away from the bus ' Transit Service Needs Drafi final Report Evaluation for Denton :6 c. c ' stop. Improved shelters with displays for route information should also be in place. An agreement should be secured with an adjacent organization to permit the drivers to use their rest room. 6. Develop a flow To Rlde Guide For the new service, it is important to have a system map/timetable and how to ride guide. The guide can have the system map on one side and the timetable on the od,w, next to system how to ride information. The guide should have the system logo and colors. i 7. Staffing for the Implementation No matter how good the publicity is for the new system, many persons will be confused or intimidated by the changes. While it is important to market the changes, it is also very important to have City and contractor staff available at each major bus stop (along with the drivers) to help people determine their route. These staff should receive some basic training regarding the system. This should continue for the first week. The City and contractor should also have additional people available to answer telephone calls for information or customer complaints. This telephone number should be publicized for two weeks prior to implementation. TIME LINE The following time line is designed to serve as a starting point to the planning process for the City. This time line covers the year prior to implementation. Cctober 1999 • Develop sponsorship program • Develop marketing program rr • Develop capitsi and operating budgets and secure funding • Develop ADA eligibility certification process t' r\ Transit Service Needs DraJ1 Final Report Evaluarionfor Denton 51 I 1 c, I I c; i #I November i • Conduct contest for system name • Continue developing a marketing and sponsorship program • Determine design of shelters and benches December • Implement marketing and sponsorship program Introduce system identifiers after a well publicized contest • Begin to secure sponsors • Procure shelters and benches for the system, and make bus stop signs • Initiate contractor monitoring activities • Paint buses and apply the logo January 2M • Initiate eligibility certification process • Finalize exact routing and determine location of benches and shelters - install signs first, followed by shelters and benches, which can be implemented after implementation • Develop data and reporting needs C • Train and prepare the City staff for implementation activities • Establish working agreements with in-kind entities • Begin wrapping buses February • Develop how to ride guide and system schedules • Al l radio and telephone systems in place the first week • All drivers and staff trained and in place three weeks prior to implementation 1 • Conduct major marketing efforts in conjunction with private and public sponsors ' March • Have additional fully trained staff in place to assist in implementation. It is better to have too much staff rather than not enough • Confidently Implement service, April • Continue close monitoring of the system ' \ Transit Sendce Needs Draft Final Report Evaluailon for Denton 56 h 0 I i Three Months After Implementation ~i • Conduct a performance review of each route, if warranted direct promotional or fare incentives to poor 1mrforming routes Six Months After Implementation • Conduct a performance review in order to determine trends. Make adjustments as necessary. PART S - PERFORMANCE MEASURES - SYSTEM MONITORING This part of the plan calls for a discussion of service performance monitoring that should be conducted by the City. Contract management/monitoring is an important function of the City. Staff must be able to gather enough information to monitor service, while not overburdening the contractor with requests for data As a basic rule, with the exception of some essential data, most other data should be collected on a sample or sporadic basis (e.g. when there are a nmaber of complaints about late service it may be valuable to collect detailed on time performance information). There are two components to this performance monitoring plan. The first component is monitoring of the implementation, which is clearly a short-term effort typically extending six months into the operation. The second component is the more permanent perfortance monitoring, II covering a merge of essential performance measures. I Monitoring Contract an. Service The City shcnld carefully monitor the implementation by requiring a complete implementation plan with time lines. The City should meet weekly with the operator's transition team to review progress in the implementation. The City should never be caught by surprise during the implementation. Items to be monitored prior to implementation include: Transll Semite Needs Draft Final Report Evaluallonfor Denton Sa a c` 9 driver hiring and training, dispatch preparation, telephone and radio communications systems, • Vehicle preparation, and development of policies and procedures. The City must be ensured that the operator will have enough drivers fully trained before the first day of service. Training (assuming all drivers receive SPAN training) includes new route training, new policies and procedures, and a recommended course on customer relations. On Going Monitoring on-going monitoring requirements include tracking ridership, cost, and vehicle data It is recommended that the City collect ridership, vehicle hours, and miles by route, on a daily basis for at least the first six months. Vehicle records and reports should include all maintenance and cost { information by vehicle on a monthly basis. The contractor should be reporting all road calls and incidents/accidents immediately. Other monitoring such as complaints should be accepted directly through the City. I The First Step • System Goals and Objectives The City should develop a series of system goals and objectives for all aspects of the service cost efficiency, service effectiveness, and service quality. The purpose of these goals would be to encourage and guide performance of the service in a variety of ways. The goals should also be used to measure staff and management performance, while at the same time giving staff a clear understanding of what is expected of them. The development of reasonable performance goals (service standards) is uldmateiy a policy decision, being based in part, on the level of funding available. Setting these standards must, r Ahowever, be based in the real world. 'Therefore the consultants recommend that performance j'-4 c Transit Service Needs Drafi Final Report Evaluarion for Denton 60 t c ' a goals/standard be developed based on operating data from the past three fiscal years. Performance f goals should be set for a sic-month period then adjusted as necessary to continue to improve service, up to a point. The performance goals should be broad based policy directives which guide the service and are ultimately measured through the performance measures. It is recommended that City management, with input from the general public, the contractor, and contractor drivers, develop performance goals and objectives for the service that guide the development of appropriate standards. Performance is closely tied to commitment and proper funding. The decisions made on the goals should have a positive influence on performance. Examples of goals can include: Cost Efficlencv - i The service cost represented by the cost per hour and cost per one-way trip should grow no greater than inflation. I / , Cost efficiency will be balanced by service quality and service effectiveness. The City of Denton is interested in providing a high quality service to its constituents. This will be reflected in the system costs. Service Effectiveness • The system fixed-route productivity should show consistent growth annually. Ridership should show consistent growth on an annual basis. Service O tnlitx a The City of Denton will continue to improve service quality to ensure excellent on time performance, clean, comfortable vehicles, and a reduction in the number of accidents and vehicle breakdowns. The City will seek a very high level of customer service. Service will be provided courteously, with respect for all individuals, with a knowledgeable customer service ; r representative, l Transit Service Needs Draft Final Report Evaluation for Denton 61 G C Performance Measures The performance measures are a valuable management tool that can be used to measure service quality, and productivity as well as a tool to help evaluate city staff and the contractor's performance. The examples of performance measures that follow can be applied to the goals described above. Pausenver Productivity • one-way passenger trips per revenue hour • one-way passenger trips per revenue mile Collect one-way trips provided, miles and hours of revenue service (for paratransit from first pickup to last drop off excluding breaks) for each type of service, and for each route (not vehicle). Cost Measures a cost per passenger trip • cost per revenue hour • cost per revenue mile, , Attempt to track and allocate cost measures by ly,pe of service. Qnality/Safe Indicators • on•time performance • percentage of trips wi ',~,n one minute of schedule cleanliness - subjective but important r,~r sure preventable and non preventable accidents per 100,000 miles Tracked by typgof service Maintenance fr. • preventive maintenance (PM) performance (percentage performed within acceptable r parameters) Transit Service Needs Draft Final Report Evaluation for Denton 62 4 tr, • ability to make the daily pullout requirements (standard should be 100 percent) • road calls per 100,000 miles. The City is currently collecting some of the information necessary to calculate these measures. The City must begin collecting ridership data at the route level to order to preperly manage the service. Performance standards, the actual numbers applied to the measures, must be reviewed and updated on a regular basis. Develop Performance Measures The City should work closely with a Committee made up of consumers, the contractor, City staff, and representatives of system sponsors (no more than the number of consumers) to develop reasonable, achievable performance measures for the system. It is recommended that the Committee take the following steps to develop performance measures: ( • Identify the system's current performance based on the above measures, for each of its services and routes (staff should immediately begin to collect one-way trips, miles, and hours at the route Ievel), • Develop standards and measures based on modest improvement over the present level, • Monitor all standards on a monthly basis, showing trends and comparing to previous f ' months and the same month of the previous year, i • Evaluate perfomtance based on the measures on a quarterly basis, and make adjustments as necessary, • Increase the performance standards at least semi-annually, seeking incremental improvements, Simple spreadsheets can be developed to easily track this data Management should be able to determine system performance over time using graphs. ~r Transit Service Needs Drat! Final Report Evaluation for Denton 63 c c. Other Monitoring Activities Service monitoring consists of the following basic activities. • Collect data and develop monthly performance measures • Conduct field observation • Ride on board vehicles • Observe reservation, scheduling and dispatch functions • Weekly meetings with contract management • Implement complaint process • Accident review process • Periodic meetings with human service agencies and consumers Conduct Field Observation Field observation is conducted for a number of purposes including-, • Investigating complaints regarding a driver (lateness, improper driving, etc.) • Investigate a problem origin or destination (perhaps an access problem) ' i • Investigate a problem/complaint regarding a passenger • Regular observation It would be beneficial for the City to conduct their own road supervision. Following are some recommendations for the City regarding proper paratransit road supervision. I In some cases it is important that the driver not know that they are being observed, however in many cases you want the drivers and contract management to know they are being "watched". When doing regular observation, select a route of interest and follow it, observing driving, passenger r, assistance methods, and perhaps passengers. The City should be conducting weekly observations. Transit Service Needs Drat} Final Report Eval uarion jor Dentcn 64 t. J,. i For paratransit observation, the City should be equipped with a radio, maps, and a full set of j schedules. The observation should be planned in advance, The City should get to the f irst pick-up point about 20 minutes prior to the designated pickup time. Drivers often have arrangements with passengers for early or later pick-ups. Unlike fixed-route, it is difficult to predict when and from which direction a bus will be arriving. Patience is the key. Me on Board Vehicles City staff should be riding on a vehicle at least once every two weeks. The purposes are to observe the service from the passenger perspective and to meet passengers. Select a route to ride with a specific purpose. Perhaps one passenger has complained about the route a number of times, or the route is always late. Use the time to meet passengers and talk to them (as well as drivers) t about the service. / Observe Reservation, Scheduling, and Dispatch Functions On a regular basis, at least once a month, sit in the dispatch office, and simply listen to the reservations staff and the dispatcher. If there is a problem, dispatch will know rather quickly. Briefly talk to staff regarding that day's service. This is an excellent way to stay informed and learn how the system functions. Select random days and times keeping in mind that it is usually best to sit in during a peak time period. Weekly Meetings with Contract Management The City should meet with the contractor's manager on a weekly basis for the purpose of., • General briefing on previous week service • Review issues and problems that arose durirg the week r, Determine policy issues for contractor A, 00 , Review previous week ridership and performance f' Transit SeMce Needs Draft Final Report E'raluallon far Denton 65 I ;III I i I! I i I Both the City and One System Manager should bring up issues. This ma tins, sbouid be used 1 to resolve most (if not all) problems and conflicts that may arise. ! I Implement Complaint Process All complaints regarding service should be directed to the customer service staff to process, and initiate an investigation. The investigation of complaints should be handled by the Contractor. The contractor should submit monthly complaint reports to include resolution to the City. In the event of a serious complaint, the contractor will inform the City staff immediately. The City should j develop a process for complaint resolution; time to rspond, tracking of dtivers, result of investigation, confidentiality, as well as a variety of other factors. Accident Review Process I The City should receive a monthly accident report in order to properly monitor this very important function. The city should closely track accidents and the driver involved. Any serious accident involving injury, significant property damage, or traffic problems should be reported to City staff immediately. Maintenance , The vehicles used in the service are owned by the City. The City should monitor PM performance, and the condition of the vehicle. In the event of a transition of contractors, it will be very important to closely monitor this function on a daily basis. Inspections should be held within one week of the announcement and again during the last week of service. Transit Service Needs Draft Final Report Evaluation for• Denton 66 I I Liaison With Passengers and Agencies The City should, on a monthly basis, informally meet or have a telephone conversation with human service agencies that have clients using the service, or other customer advocates. It is a good idea to get feedback from staff of these agencies, to avoid a potential problem, and to ensure that they are cooperating with the City and the contractor. These staff can be a valuable asset to the City if kept informed and educated. Sometimes it is unportant simply to adjust the expectations of these agencies. Memorize the Cootmet/Understand Policy and Procedure Critical to a Contract Managers job is to understand the contract and all policy and procedures. Simply pvt know the contract "backwards and forwards." SUMMARY r Overall the role of contract management is one of having the proper data and information and applying it correctly. The information provided above is designed to get the City started. Table 5-6 + summarizes the activities to routinely perform. , i r Transit Service Needs Draft- Final Report Evaluation for Denton 67 4 Table S-6 CHECKLIST OF MONITORING ACTIVITIES Daily Weekly Biweekly Monthly As Needed Field Observation XX On Board Observatior XX Dispatch Observation XX Review of Driver Logs XX Meeting with Contractor XX Investigate Complaints XX Review Performance XX XX Meet with Agencies XX ' F I 1 , a Transit 5ervtce Needs Draft Final Report Evatuatlon for Denton 68 t i i i i Public Meetings `Public MeefiAgs hlonday, November 0, 1999 - 2:OOpm Monday, November e, 1999 - 7r00pm Monday, November 11,1999 - 2:00pm Monday, November a, 1999 - 7:OOpm SPAN lard Room Martin tudw K;LL 1•• Reoroation Crnler SPAN Bard I" Martin I NOW 16np M. Recreation Center I 1800 Malone Stmt M"dol Aeem I I NO Main" steel Meelni Room I 1700 W Won 1500 Wlrae lueulay, November 4, 1999 -2:OOprn YI'edneyday, November 10, 1999 - R:OOpm Tuesday, November 9, 1999 -2:00pm Wednesday, November 10, 1999 - 6:00pm ! Denton City Cuwrd Chembrn C,,-4& Immtsdon Center De~n~n City [ound l'fiam6en Dais Reeueatlon Cent" 215 r. Mclrn v owl Perin 215 t. Mvidnn" 100t Perin Thursday, November 11, 1999 - 6:00 Thursday, November 11, 1999 - 6.00 Denton Ott Hall Council Chambers Donlon City Hal Coand Chamber 215 t. MclOnnry 213 t. M41may 'Public Meetings Public Meetings Monday, NmemberA, 1999 - 2:OOpm Monday, November R, 1999 - 700pm Monday, November 6, 1999 - 2:DOpm Monday, November 1I, 1999 - 7:OOpm SPAN Board Room Martin IvOw W& jr. 6ecm Ndm Cn'a SPAN Bard Room Malls tether W& 1600 Malone Steel Meeting Room I tooo Malone stroll Meetig yore Center 1100 Wilson 1700 W%011 Tuesday, November 9, 1999 -2:00pnl Wednesday, November 10, 1999 - 6:00pn1 Tuesday, November 90 1999 -2:DOpm Wednesday, Nmember 10,1999 - 6.:00pm Donlon City Couredl Chambers Dena 1"adon C nler Denton Coy Coorml Charbon Dais Reaeadon Center r7 215 t. MCWWV INt Perin 2171. MC113" 1001 Perm Thursday, November 11, 1999 - 6:00 thursday, November 11, 1999 - 6.00 Denton Chy Hal Cound Chaisben onion Cry Hal C*wkl Chamben 215 1. MCkhwy 2191. McI0mley r c I 6 i a I City of Denta( City of Denton Public TranspOwdon Department Public Transportation Department 215 E. McKinney 215 E. McKinney Denton, Texas 76201 Denton, Texas 76:.01 t Visit our web site at www.cityofdeiiton.coni Visit our web site at www.cityofdenton,com , City of Denton City of Denton Public Transportation Department Pubdc Transportation Department 215 E. McKinney 215 E. McKinney Denton, Texas 76201 Dentorti Texas 76201 J G Visit our web site at www.cityofdenton.coni Visit our web site at www.c4ofdenton.com i 1 I I , Apenda No, 9 R - 047 a AGENDA INFORMATION SHEET W4a hero iF& to ~ zip - q 3 AGENDA DATE: October 20, 1999 DEPARTMENT: Planning & Development apartment CMID(AVACM: Dave Hill, 349.8314 SUBJE,_CT Receive a report, hold a discussion, and give staff direction regarding the preparation of the city's annexation plan, including the effect of Senate Bill 89, which enacted several amendments to state annexation law. HACKGROUND During the 1999 Legislative Session, the Texas Legislature adopted Senate Bill 89, which amended I~ Sections 42 and 43 of the Texas Local Government Code (see Exhibit A). The amendments, which E became effective on September I", 1499, plate significant and complex new restrictions on municipalities considering annexation. The amendments affect all cities, but the emphasis of the State Legislature was to make annexation more difficult with respect to densely populated areas that develop their ouvn water, wastewater, police, or other services. Staff has attended seminars related to the new annexation requirements, and legal analyses have been prepared to help cities understand and implement the new regulations (see Exhibits B and Q. As is normal for new legislation, many land use planners and attorneys have identified several interpretative questions that may eventually have to be sculed by the courts. In Demon, land in the extraterritorial jurisdiction is not densely populated, and for the most part, the City of Denton can claim an exemption to most of the near regulations provided the area to be annexed contains "..fewer than 100 separate tracts of land on which one or more residential dwelling units are located on each tract." Voluntary annexations are also exempt from most of the new regulations. Provision of services must take place faster, however, within 21/1 years instead of 4%r )-cars. Other new provisions apply, including further limitations on the use of strip annexations, and Council will be briefed as conditions warranl. Of current interest is the requirement that all municipalities must approve a three-year annexation plan no later than December 31", 1999, even if the municipality has no land being considered for annexation. "I he annexation plan must list any land to be annexed within a three-year period. If the land is not annexed within the tine period specified, the city, may not reconsider the area for annexation for one to two years, Because sparsely or unpopulated land is exempt from most of the new annexation regulations, staff has been advised that it makes no sense to list any exempt property on a state •inandawd annexation plan. The plan can be in the form of a resolution, and may simply state that i A no land is identified on the three-year annexation plan, if a city has a website "the municipality shall , post and maintain the posting of its annexation plan on its Internet website. " Any amendments to the 1 annexation plan must also be posted nn the city's website. ON fO\S I. Prepare an annexation plan that meets minimum state requirements as identified above. I c 2. Ask for further information and continued work session discussion. RECOMMENDATION Staff recommends preparation and approval of a city of Denton Three-Year Annexation Plan that meets minimum state requirements. A more thorough annexation plan is needed to establish proper annexation policies as growth continues, but the local annexation plan should be distinguished as a document that is separate from the state-mandated plan. ESTIMATED PROJECT SCHEDULE Staff is prepared to draft an annexation plan and resolution for Council consideration on December 14`s, 1999. PRIOR ACTION/REVIEW Council has been briefed on proposed Senate and House bills that were considered by the state legislature during the 1999 session. Mayor Pro Tem Beasley represented the City Of Denton during a House Committee hearing on Senate Bill 89, during which time legislators were asked to exempt unpopulated areas. Other cities raised the same issue, and the bill was eventually changed as requested. FISCAL INFORMATION Annexation plan preparation will be accomplished using existing staff resources. Legal review by a consulting land use attomey may be involved. ATTACHNIENTS Exhibit A: Senate Bill 89 - Enrolled Version Exhibit B: "Annexation for the Third Millenium," authored by Analesiie Muncy Exhibit C: "Annexation; Yesterday, Today and Tomorrow," authored by Terence Welch Respectfully su mitt V Dav Ili Assistant City Manager, Development Services A, 2 t 76(R) SB 89 Enrolled version - Bill Text EXHIBIT A Page 1 of 19 ` AN ACT 1-1 relating to municipal annexation) providing penalties. 1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXASs 1-3 SECTION 1. Subchapter B, Chapter 42, Local Government Code, 1-4 is amended by adding Section 42.0225 to read as followsi 1-5 Sec. 42.0225. EXTRAT~,$(tITORIBIe ~UBISDiCTION AROUND CERT811i 1-6 MUSiLQMP LY OWNED PROPERTY, fal This section applies only_to on. 1-7 area owned bv~_Ri1Ilt41P~iSYS1ti_+_t las 1-8 111-4P_4€&q-dbY_1hQ_L?uni0iPA1.LYs an 1-9 12~ not contieooli~io othg~;gsr~tosy~f the 1-10 rn~lnScippiily~ 1-11 141-~3.S~L4t4n.41Ilq.~SSL?R,Za97-1..,~IlDSIS.PS1oIl~LA. 1-12 ales-~+s114gd Y bsecttan (a1 does notexpand tha 1-13 extraterritorial iutis92-ztlon of the munioipplity~ 1-14 SECTION 2. Subchapter A, Chapter 43, Local Government Code, 1-15 is amended by adding Section 43.002 to read as follows: 1-16 6ec, 43,002. CONTINUATION Op LA D USE. (aLglnuniclpaltty 1-17 Day not~_attep~nn~xing_an_a~a~pEPL13?~S_~P~z~Qn~S4II; 1-18 11]-Sontlnuiru9_to_U~~l~d~J1 Sde,F=fa_i0_tht-mu x 1-19 1n wl,ich~hg-tali was bg109_S~a44on_t s-A4k oLannuatLon 1-20 p SSedipga wgc3_}ns itutgc~if_i1]e lash ~.@~d9_ 14ga1_4t_that`time. I 1-21 1-22 gL 121_@91iULin9.~2!?4ai1Lt5S~rea in b4h4 tY1Q Ln4-nna[ 1-23 tSaS~s_plan~gd_foJLSt~1-and_~gfspg_bLe 90th day before thg 1-24 effeciSvg dap-~of_ Y~e~Ongtiston- fl 2-1 (Al___43?@_4S_mQZ~1144?,SS3.t1.-f1Sa44-4:_pgr~it3~ 2-2 apptoya2s,_other__forms_gt~gth9ri-rail2n by_p~4Y€tIImP,O~al entity 2-3 were pggVirg4_by_14x tic Sh~plsPi7s4iand user_4nd 2-4 i1 eS.9ixpls-tg! apP11p4tion for th4_iL1~1 2-5 authorixatign was_f1led_wSt~tR_ggv~rrun~sality_be[Qrg t1@ 2-6 date the annexatioil.Procegdings we"_~nItisujd. 2-7 Sb.L Fo~pu_rpoa€4 4Lthis sSOtlon,~S91~P13iSd appl-kcAtigrlil 2-8 flie_d._if tRQ appil--iL9.ninol-U4Ei e11_d.Q41~meJlt?~Ad~t1~E-F. 2-9 14f_q.{matl4~dS~lgnpt~ds~Gquireii bY-Shg_g4YSrD4.Q1 1~itYi>1 J1 { 2-10 NF S.t@nsgI.1FQ_So_41L4_fPPl45a~'« 2-11 icl ShSS_aection d4ea~Qt_ prohibit a ~9unigiPpl_ity from 2-12 imposing:. 2-13 ill a_regulati-Q_rLr4katirlg t2tR4~tl4I1 g1 4Y1SYlliy 2-14 oriented busin4ssea,,_es_tha_t_Serm Wis. dgfin~d py_P~ign~9~sSt4; 1 2-15 121___s municipal_ga4flan-CS,_rQgl~laiig11~9r~ttlgt 2-16 rfquirerhent tjjn~ is 2 2-17 -18 2306. 561,-Go13;nm¢O TSqulation'reletingtto F~Y4?it109!nimilelit i~ 2-19 destrpction_ of propelty Qr_injury_to-p~raQn~l 2-20 (41 _a_Fg411si14D_S~IAt nq-s4 pi>71.i0_IW-aaD_rQSl ~ 4 LequL4iion_relatill9 t9~1p9¢~43iC411 2-21 (3) ,on r_latln4i9_Sh4~t4Fe9a~Ld4~g1 2-22 16) 2-23 hazard.ous,_substang-4aJ. 2-29 171 a_e9U14t19-2rglar}4_t~tb4~iS_abd_5!s441 2-25 flr_gworke/~= 2-26 181_a._zegulstlgJti rsl~tirlg-_t9 the dLSch#-rge-€ 3-1 firga_rm4i 3-2 SECTION 3. The heading to Subchapter C, Chapter 43, Local 3-3 Government Code, is amended to read as followar 3-4 SUBCHAPTER C. ANNEXATION PROCEDURE tQj{_AIM5--1M_H1(-U- z 3-5 UND£R_MUryIC.ZPpJ _A1jNFKATj-QpLkI9(I A, + 3-6 SECTION 4. Sections 43.052 and 43.053, Local Government 3-1 Code, are amended to rand as followaf 3-8 Sec. 43.052. KN1"TPAL-ANNE9Mj ~LAtL~EQUl __i41__tn 3-9 t hi asset hi assct et_ ion'.ter_ "spec'-'1 dietr ~t"_mSa6~_41~!~r~PiPA1`4ttS13ty trol and irrprov_efieJlt Alstc~ct.~r_Qthgr~fejrlc4 3-11 crgeted utld€r._Segtion_}2,_Ar~icle I I,orsp& -L b Article 1- 3-12 Texas Cgnst,tution. 3. .../vicxtext.cmd7LEG-76&SESS-R&CHAMBER-5&BILLTYPE=B&BILLSUFFIX-MB9& 9/20/99 76(R) SB 89 Enrolled version - Bill Text Page 2 of 19 3-13 Lbl A muni_cipal.isy_L~aY annex an gpea_fclenLlflgd Sn_Ih5 3-14 annexation plan_only_a3Prpy dgd by thlg_sectigny 3-15 1St A mun cJpallsY_Phs l~p~pa~g an annexat;oA-pta~t~a! 3-16 apeSSlisallY_Ld entif.lgp~g,nPgx QIl~ .h at_LY_9SSi~.L1~P.g Ln ~PShC. 1 3-17 third anniveraarY_43_S~h4,~a~the_~nSXatf4RPLn_d3~d3PSSd_~S[ie 3-1e mvrllsiPality_may_amend_LhoP1L4 ra€clfScall.YPS11Y 3-19 ann£xa_ti9ns-that may_occur bgginni7~g.9.n UiAh1_rd_aDDAyuaasy-pf 3-20 the aatt-thf-9,1pn is amended. 3-21 Id)_ A~_eny_Sim_e_during_whtch arl~_re~ ieir~cluded_i[I~ 3-22 municipalitY'grannexatlor plan,_a murli_Sinal_utility diatriot or 3-23 other special di,+trcd thawll beabolishg¢~e a result o the _excludtng an~mergency~~rvic~e _ dtssrl4t,_ n. w~i the 3-24 g,nnexation, 3-25 area is locaGedhaY_.Il4t wit_Aout consent of thg mt`nicpality;_ 3-26 -11) ua-i-Llhi 4-1 amg~nt that woul¢_Fematn 1n Lhq-Oeb servlcefend aftg)_«g 4-2 rgdu.4tiQn~nd~{tgF_47~4LEa5_tiS9.Shepmaunt due o;~e¢_r aervi_gg rL /-3 Lf!e-f411ow~n9._yea= fg_1E03 tha!L2`~PeS_441Lk_o~the deb~servls, 4-4 tequirements [or_the_(4114w~D9_yepSt 4-5 L2)-- voluntarily _trans 4-6 conaidgrationl_ or 4-7 (3J___enier_intQ a_c.ontract_for services that_extend-4 4-B beyond the three_year_annexation_plan_perlod_ciher_than _a contrac! 4-9 with _another _political, subdiyji_s14n_for_the_operation of water,. 4-10 wastewater, an d_drainoge_fac-tli_ V1L 4-11 te) A munici pality may_amsnd ita enneratlon plan at any_tling 4-12 to remove an area _proposed for_ annexation._ 2.f, before_ t.h_e_end,os 4-13 the__18th month after the m211th_pn area_Ss inc uded in the 4-14 three-year._annexatlon_cycle,_g_ -nun icipality_amends its_annexatign 4-15 pl_an_to_remove the area, the municlpality_may_ngt amesdshe_P1arLtQ 9-16 agan.include_t~e area_in 1ta._annexa4f9.0 plan_unti_1_thefirst 4-17 anniversary of the Cate the municipality amended the plarLt9_remoYe 4-19 the.area,_ If, during or after the 18-months- B months after the_Tonth_an 4-19 area.ia included_in t_he three-year anneration_cycle, a_m_unicipality 4-20 amends_its_annexation.plan to remove the area, __the munlcipalitYJ4ay 4-21 not amend_the pla_n_to egain__include_the_area_.in its annexation plan 4-22 until the second anniverpary_pf_the.date the_ municipal ty amended 4-23 the plan to remove ;he area, 4-24 (f) Be fore. the__90t}_day_aStgr_the dote _a_municipality_adopt4 4-25 or amends an annexation plan under thiR_Oeskion,.the }municipality 4-26 shall give written.notice to;_ 5-1 f1J each_property_owner,_in_the._affected_a;ea,_aa 5-2 indicated_ by_the_appraisal records furnished by_the_apprgi9a_1 5-3 district.for,each county in which t,s e affected area_,_is,_l4caked,. 5-4 that the area, has been included in or removed from the 5-5 5-7 ornprivatetentity that. provides se "ices, in _the area @proposcd_fq 5-9 annexation1_and 5-9 (3) 1auNeKMiell `""PPIG °b""f1 5-10 5-11 5-12 5-13 5-14 5-15 r!O!!ediM;}r) I 5-16 ea one of a `earinl- - - 1 e16 5-17 - 29 t ---'el- d, . 5-19 i ithin ;Q days after kite Oebe of the rdblieakier el 5-20 I 5-21 1 1 5-22 ( jeI--; he mist pablioh Fietiee !F the hearings i* 5-23 j-eed-in the -2i 4. ivicwtcxt.cmd?LEd=76&SESS=R&CIIAMBFR=S&BILLTYPE=B&BILLSUFFIX=00089& 9/20199 ( 4 76(R) SB 89 Enrolled version - Bill Text Page 3 of 19 s-2s 5-26 6-1 I each railroad company 6-2 that serves the municipality and is on the municipality's tax roll 6-3 if the company's right-of-way is in the area proposed for 6-4 annexation. 6-5 .(4LAf-naro-;iIloS_rgmoved from the municipality!, 6-6 p~r~SL~p.S19Ap3an._S_ha AP~SxA~;4~of the a ea under th~Pta~pS~~ 6-7 p pist~d befpre_the~j>S_d_aY CLEll_th4thSSd anniverj. ry of the 6-e daie_trs a~ga way 1nClude~_ ~n 4L€.~pegXa~ipr.Lp~~~,-iLtJ,e 6-9 anngxa~ipn ;~1ipS ccomp ate~w~t) i>lthg_p€rlod pjts-qrj; kg byShi3 6-10 gubagotlQn~the munielpa~ity_LpY114L_&nr14X the area p~pgs_gd €gr 6-11 pnnexaJi;g11_4€S.pze the fifth annivgr~ary_9_fihs_lDit daylgF 6-12 oomp3gt;nq~Il~n~exatlort under this subae~t_p~, 6-13 ihl. Th; LX.€SSiO1do€t~1p~aPP1.Y a1LaS~a~S4pQsSd fs3 6-14 pnneXation. 6-15 112___ihe arg~~gntaise fe than-100 s Parate-tracta 6-16 4f 1_and on whicR ong_or_FOrg_F9iLdentipl~w 1 itgapre 1e94ted4n 6-17 each__tract.). 1z1___the area Nlll__?t_arLr2ex@d by_pe~trigr~o;lnq;Q_Lhd~ 6-18 6-19 50 p~rcgnt 4f_thg_repi pLOperty ounec~jn_the_asga propq~gd l4r 6-20 annexatiog, pr_by voS~4F pgf•tion_of_the_qualif;e¢_v_o~gE,~ or rgm1, 6-21 properSy_Cwners_as_proviQ~d by Subchapter_HI 6-22 i31 4h@_ aroma is or was_the__sub~eCS.oil 6-23 lA1_pn_induperiel diatrict contrast__vnd4r 6-24 Section 42.0441_9x 6-25 1BJ_a_pirate9i_c_parSnership egreemgnt under 6-26 Sect on_43,_07511 L-thg_p_Lea is logated ~n ~Eolonias_ e_i thaS_t_grm_!3 7-1 14 7-2 defined by Sect_Sor~230~ 311. GQvernmentS44e1. 7-3 151 the__4rep_ts_ anneped_under_$ecti.pn 43_.027, 7-4 43.029, or 93.0311 7-5 16) the area is_1ocaSgd C_ompi€Seiy. w1.Shin_Shg 7-6 boundaricg of_a closed military- instpllAti-gnj_pTL 7-7 i7) the_municipality_detercLinea_Shat_She lsnnexaton 4f 7-8 the area is_..necgpgary_to protect_the_area proposed for_pn,„e c4t.ion 7-9 or the_rtunicipality from: 7-10 (A) __immingnt__deatcu;tio_n._of_properSY_9r injury 7-11 to persons) _or 7-12 1BJ__a condition or_use- that_Sonst_itutep a public 7-13 or private nuisance.as..defined_.by_bagkground principlgs._Qf nuispnCe E 7-14 and prcperty.lew of_thts_p_tate,. 7-15 !iJ A municipal ity.inay_noS ctrcum_vens the cequtrgments of 7-16 this section by proposing to separately_annex_Li+~pr 1n0_rg~=ep4 7-17 described by Subsection_lhl(1) if no reason _gX1stQ under g€ns;wily 7-18 acceptad_municlppl_planning principles and prpCt~pp_Qr.aeparatSiy 7-19 annexing tne.preas._,_1f_a municlpallty_proposes_to pepar4t.eiYStsnsli __ln.ySOlatioR.9f_this-section,_a_pezson_c~siding_pr_9ini119 7-20 areas 7-21 land in the_area may_poAition_thc_)nun cipality_tg..include_the_pSSg 7-22 in the municipals;y!p_pnpex;tion,plan. If_,the fiunici2ality~i4 7-23 to teke action__on She p4SSttgn,__tht_pe[i[iober~npy~equ43t 7-24 arbitration otthe dtspute.___The petiti9l?r_1~ust_requgsClhS 7-25 appointment of -an Drbjtr4LM_SS_,tci,S ng_jo th4-A&~niclpality 7-26 Sections 43.0@¢4[b),_[cJ, anQ__le_i_ppPiYSo the_ppppin "_of,n 8-1 arbitrator and-,the condupt 4f an_arbitFltion._procgdinq 1JNSF_thi9 8-2 sub sect ion___EXeept_ps.provided by thta_a4_b;SSjk n 8-3 niunicipality_ahall,pay_the cop[ of etbjtr~t;pr1._3~t~LbiS=9593 ti 8-4 finds that the petitioner's request for_arbitrp_tioi! ±+A4.9rpu.n.dleas / r'-~ 8-5 or requested-in bad faith_or_for, the_purposgp_of__h$ressnent, thQ 8-6 arbitzator.,ahall rcquire_the_petitioner_to pay the costR_pl 8-7 arbitration, 8-8 (j), If_a municipality -has, _an Internet_websiSe, Rho 8-9 munic(pality.shaill. B-10 11) post and maintpin__the_popSlfq 4f,~ts_pnngx_at_io0 5. .../viewlext.cmd7LEG=76&SESS=R&CIIAMBER-S&BILLTYPE=B&BILLSUFFIX=00089& 9/20/99 F I II ~I r i h 76(R) SB 89 Enrolled version - Bill Text Page 4 of 19 B-11 plan on its 1nte-LrAet w bs~t : B-12 _L1J-per and m ntain the pos in on its Internet 8-13 i+gb$ite of anymgndm~rts to include an aka it _annexatii nplan B-14 until the date thg-area is annexedi and 8-15 .[3I_pgss_a_rLdlnantain the~osting_0 its Internet 8-16 webp~Sg_Qf anYemgn4ments to rg~Qv@~n_aXSa from itD an nexatiorl 8-11 plan until the d4t9-She munlcipal_iLy-ay again incly4e the area In 8-18 it m_anni&" on PUn. 8-19 Sec. 43.053 T_~IYEhTQR)L4J=8JRV3~ES~ltD FR~I1E9StEQUFD 8-20 Lai- _In-Ihts_3SStSQn,_"pLC gr1L1Ly" incluOe'a a municipality, 8-21 county,j_I_r"rotection_s43Yii pr4_idgr, _includinge volunteer 8-22 fice,deppo ent _ emgrgenry_gdj"_Dg[ytces pr_4vid21, in udinq a 8-23 y_q1untg __jr_tMafrlcy mediSal ggtv}~cgj_providgra or "y gp}pl 8-24 4istzict~~s_Lh3L_t4ia! 11AIIi3g¢_4Y~gFS14[LJ}14~Re 6-25 Ibl-B.LS.EF-aiQpt~n4.~3 ennexation o}an or amend3rjaA e-26 annexatl4rLp-Lan_t9-nclude addi_tl4nal a3gxs under $gction /3.05~2,_p 9-1 munleipa_lityeha ompile a comp=ehensly&-Jmy ntory of servi_cg-j 9-2 and faeilitlea_pr4yldgd by_pub_lic and_pF yaS_e__€nt~ktg4,-direcUY or 9-3 by_coni rac~,n_gactL_a33~propg~gd CQ_r _aPnexat.i4n,_ 7hgt_RYgPt9Sy 9-9 4f agcvices pnd faclltti s m 3S_ nglude all aerviCgs_ond f~±ci11S~€a 9-5 th4 municipality ia__zgqulrgd_t4.pz4vide_or_maJirtp,ir~f41l4wtn4thg 9-6 annexaii,4n_ 9-7 [c}__The_munis1pp11tY3halt~e_que~t,~0_th_a notcgFS1 idgd 9-8 under_geckion_43L052If1,_ the. 1nf4_rn4tion neaessary_ to comptlg_thg 9-9 inv_eRtory_from_each MIL- or_p[Syate_gn" that provides Lmd- -4 9-10 or fac litis_y_}n each area.p;oposed_for ann"at~n.The pgblic~r 9-11 prlyate. entityehall_plovidg to_the municipaliSY~h4lriformat~0 9-12 )eld by the entiSY_that ie n4cessary ta_comptlg_th~ipventory not 9-13 later than the- _94th daye~tgr S?3 date_Lhe.municlpa}.SY_rg?gg3Ca 9-14 the_infQrmat.ion unless_khe_.eLttty and. Lhe~nun141Pe1lty.a4t4g1q 9-15 extend_the per_!od for providing th4infQrmationt_ Tbj inf4rmat_gn 9-16 provided this subse 9-17 provided, the method of_sgrvlce_dellyery, and a_11 ipformatl4n 9-18 prescr be,1_by_S.ubae tions_(e)_and_ ~lJj__ If ae erv_ce providgF fails 9-19 to pz4vide thf_Xequire.d_SntoXmacl4n withinthg_~Q day_pgzsd, dhg to nclpd4._Shi< Snf,4Fmpthon in_ar! 9-20 municipality_is not,zegu.ired i 9-21 inventory preparg_0 under this section.,. 9-22 (d) The_infprmat_ion zequl;ed in she i enS9Fy QRa11 be b~sc 4 9-23 on the services_and facillSi44.F;avided during [h= yea;_prec4dAt4 9-24 the date the municipality adopted the onnexation_plan 4r amin44d 9-25 the annexation plan So_tnclud4._additional ereas.~ 9-26 iel For utility_facilitiep, roads, dreinegg air_irctuSes,_and 10-1 other_infzastruct _e provided or_maintalned_bY_public~r_pF_ivaSg 10-2 entities, the lnventory_muat tpclude_l enginger!_s_.report_that describes the PhYaiSa1 10-3 (1) An 10-4 condition of_a.ll infrastructure_aIp1nenta_in the__aredl_Ard 10-5 i2L _a summary_of_capiSal,.__operational,_and malr]S" jj; g 10-6 expend ltuFgi_for ;hat_lnfraatructgrg_•. 10-7 (f)__EQF_police,_fire, end em4rggncy mgdica' s~ryicek 10-8 provided by public gr_private entit_gs,_ the~rlYertory muat_iPClpdg 10-9 for esch service.l 10-40 (1) the. average__dispatch and dg_1iv,a:y_timej 1j-11 (2) a schgduig of_equip_mentl 4nc1 ',.n4 hiclesl 10-12 (31__a_sta)[jng_ach4d.u14 4hat diac1344ss h4 10-13 certification and tratning l,evgls gf_personnell as{ 10-14 (4). a sum,nazy of_ep4ratiDg sld caplSal_4KPg041tu,res municipality shall colnpl~Se the 1nvg ry,_and n~k~ 4, 10-15 (g) The 10-16 the inventory-available _foc public inspection on_.4r_bgio3e_Lh9_40th f r-~ 10-17 day after the. date the municipality rece,ivcp_Sh4_r4quirel 1n-18 informatipn_from the service providera_undejr rgtion .icls :0-19 (h) The,municipality. may monitor_thg_eeovlcQa~rovidgd_in._ari 10-2) area prcposed_f4r.4nnexation and vgrSfY~hg_}ryvantQry_informatlon 10-%1 provided by thg aerv_ice_ptgv_1dgz. IC-22 A 5#4AH9Nf-£FFGQ;;VG -.-k.__ -e-a*-Bre& otlat-'e 6. ...lview1exl.cmd?LEG=76&SESS=R&CHAMBER-S&BII,LTYPE=B&BILLSUFFIX=00089& 9120199 76(R) SB 89 Enrolled version - Bill Text Page 5 of 19 10-23 10-24 10-26 11-1 Apr, 4A P.At 4M.L14, the 90 day ) 11-2 ( " 11-3 11-4 11-5 11-6 1 11-7 SECTION 5. Subsection (a), Section 43.054, Local Government 11-8 Code, is amended to read as follows: 11-9 (a) A municipality with s~op_uletior~of less train 1. 11-10 millign may not annex a publicly or privately owned area, including 11-11 a strip of area following the course of a road, highway, river, 11-12 atream, or creek, unless the width of the area at its narrowest 31-13 point is at least 1,000 feet. 11-14 SECTION 6. Subchapter C, Chapter 43, Local Government Code, 11-15 is amended by adding Sections 43.0545 and 43.0546 to read as 11-16 follows: 11-17 SgE,__43_0543_.,_ANN .X(iT_ION OF_CERTAIIJ ADZACUT AP_EAS.__ia1__A 11-18 munigipa_lity may not_gnngx_an_area_that_Ia 1ocated_in thg 11-19 gxtratgeTitprlal juri dlction_of the municipaltty_only_be£ause~.hg 11-20 area_is_SQnsigugus_tg municpaiSerrit that_is_le3a_than 1,000 I1-21 feet in width at_i_ts_n;'rrgwest_pont, 11-22 ib) A. municipality_may,.,not_annex an area _Lhat.is_ oEared g 11-23 the extratetrltozial._jurladltti.Qn o[ the_munlcipality_only becag e 11-24 the area is_coot}guops__Lo_.mun.grpal__LeFlitory_Lhpia 11-25 _{1J._ waa-amnexg_d pe}Q;s_SgPS_am4eX~.,_390~1_..and 11-26 (2) was fn_the_extratgprt.i.Q.rl~l_,j~ri.od#Qt ~f the 12-1 municipality at the time of annexaSion only bays the~tg~ritgzy 12-2 +ras_conriguous_to municipal territCrY_that_was lses ti an _1.900 feet 12-3 in width at its narr_owest_p i_nt, 12-4 (cJ.__$_u.b9egiions,_ (aj_and__{b]_do not apply to_en_ezea;_ 12-5 i1J_ completely kyrSoynd_ed_Gy i.ncorpozatgd tgrritory_of 12-6 one or more munlclpaasiesl 12-7 (2) . fer_tithich the. owners .of_the_ arja__hav_e_reques,ed 12-8 annexation by the municipality; 12-9 (3) that _is-owned_by the, muniClptlityJ o; 12-10 (4) that_is the airbject_of,an industriai_diatriot 12-11 contract under Section 42,044_, 12-12 (d) $ubsectIon. _(b)_does_not_apply_if_tpe_minimum_wi_dih_SJ_f 12-13 the narrow t_errltory. describeQ_by $ubseotion lb)_t21, toll_ox_q 12-14 sutsequent annexation, _ls.no_longer less _than_l,QOU Ieet_in width \ 12-15 at_its narrowest point.. 12-16 101 -60r purpoaes_of this_ge.ption,._roads,_hlghways. = vsra~ 12-17 lakes, _or other bgdies_of_ wate_c_er@ nQt._Snclu6eQ i.n eomPusing to 12-18 1,000=foot distance unless t.h€3!rep_b.en9_Anexgdnglude~ la_Sn 12-19 addition to_a,..load,_Kighway,_riveF,__lal~e,_.or QShgt__4ody o)=wasgrs 12-20 Sec,_43.05.46_.__ANN,EKpTiQ~OOE1tT1+.1~3_ADJpCEN~AEA9 Bj 12-21 POPULOUS MUNICIPALI71ES,__Is)_ InSh1A_9~ot.i.gn, "muLi ipa~_~rga" 12-22 means the area within._th4 oLporate_boundarle Q„„gip municipality 12-23 other thant 12-24 ill__an._area, annexed_be[ore__$ePtembgr 1~~2A9._i1!AS_I3 12-25 less than__1,00.0 feet _widg at_any pointt. 12-26 (2) an area within tp_@_cgFpo3ale_bgu1LdaS.i_4i~~t.L4 13-1 municipality Q _that_wep._pnnexgd Dy the_municipallSy efq~@OepseeX 4 13-2 1, 1999, and at the time of_the annexation -the _e;ta was_G.onti9uou4 / 13-3 to municipal territory that was_kess than 1,OOQ_feet wide__et_any 13-4 pointl 13-5 (3) an area annexed after_Dgcgmber_1,_1995, an betot_4 13-6 September.1, 1999) 13-7 (4) _mgni.cipplly_owned _prope_Styl Gt 13-8 (5) an area contiquous__to,municlppl_ly owned property 7, ..A'icw1exl,cmd7LF.a=76&SESS=R&CHAMBER-S&BILL'fYPE=B&BILI,SUFFIX=00089& 9/20/99 ( 76(R) SB 89 Enrolled version - Bill Text Page 6 of 19 13-9 if the mu0}~lpaliy~ngd_PLPSS.tY w~~~ILn31Le~.iJ1~n aq-1. xe on that 13-10 feuded ar~prea that ue Iges~RarL1,QQD feet wide ak itp 13-11 narrowest point, 13-12 1b)--Ibis a~S.t142LApP~i g?~4}Y_L3~F n~S;iP~11.1_LY MiStL 13-13 popula -iQn of t~¢Pifittsn or more. 13-14 iol__AmulWpaitty-o which thi,Zaection app~tes mayso~ 13-15 Annex a~cfa t2114t_is l€ a than _lLry_poillt_,_A_t 13-16 jeA3f 5~f 0 feet of_th4_peF.41-tSrr of. the agea._A4De2L@~Y_0 13-17 @.4ni~iPei_SSY m~9~AS_S.9S.Srmili4u~.L+itts_t_h4 945tRda3Y~~h.~Lri~OiSipD1 13-18 a[g@_g-tbS-~7LgiPAUty, 13-19 Sdi-Thi1~4~t#ji_d4e~_39t aPP1Y_S2eFlSYI 13-20 ill-thaS--j-s cQmp-" ely surrounded by-Inunio;pal apg-4Z 13-21 -M- tos_wW b the wnecs of nh areahyg .nequaete¢ 13-22 Annexatl4tLbY~.hg~zni4lP~iSYt 13-23 i3L ±+i_thin_a di~ccis~l+lo~e~lgSSSd_S~ar~sls~#rgctQl; 13-21 bas_by e~naiQ~ritY!t9_t_r .[4_qugDe4_P~extt 14n1. 13-25 i4L owngd ,pyS+le_@inJWpalityl-~L 13-26 i5J _the_ts4ntal_na.ewe~ttlar~_SQir~habitaIlte~ 14-1 SECTION 7. Section 43.056, Local Government Code, is amended 14-2 to read as follows: 14-3 Sec. 43.056. PROVISION OF SERVICES TO ANNEXED AREA, 14-4 (a) Before the first day_9«hg~OtlL month e[Sg=_the ms 01 14-5 whfcb~hg_in_v,entory._is preppigd a3_p5o_visigd_Gy_$ecti_Qn 1~~~_ 14-6 14-7 Beekiem 13 069, the Saverning ) the municipality proposing 14-8 the annexation shall golnpleSg (14-9 ) a service plan 14-10 that provides for the extension of full municipal services to the 14-11 area to be an,exed. The municipality shall provide the services by 14-12 any of the methods by which it extends the services to any other 14-13 area of the municipality. 14.14 (b) The service plan must include a program under whit:: the 14-15 municipality will provide full municipal services in the annexed 14-16 area no later than 2-111 (41,21 years after the effective date of 14-17 the annexation, in accordance with Subsection ieL u~lgee_oeFtain 14-18 services _cannot _reasonably_bc_provlded witJ in what-_pgrio~ an4 th€ 14-19 municipality,proposes_a schedule fgr_prodinq_tiLQSe_setvie 14-20 ({d}} 1f, the, municipality.pcoposep._0._sFhgdule ty ee~d~hg 14-21 period for,prgviding,certalq_ service~,_th4 schedule mupt provide 14-22 for the_ pzovisica_QfJull jwnigipal _ssrvices__nq,14ter_than 4-112 14-23 yearp after the effective da[g of the_annexation. If the_area_wos 14-24 annexed after December 1, 1998, and before__SepteMe_r l,_ a99, _She 14-25 municipality, shall provide sewer services in the anrl_eKe¢_e,rSe_as 14-26 provide.d_by_this subsection,_except_that,.no_.later thp_q_flye_yeare 15-1 after the. effective date_oC,_tho_ennexation,_the_municipality_may 15-2 no t_provide. _sewer seryicea__in_the_annexed_area Dy_)ngans~f-p- 15-3 package wastewater.tr.eatmen,t_plant., However, under the program i_C 15-4 the- municipality. 15-5 corporate boundaries_of_tne_muniSlpality,¢efgre anns>la&ipp~, the 15-6 municipality must provide those ping] services in the 15-7 area proposed_for_„e0nexat_i_gn_on ( 1-6#1 the 15-8 effective date of the annexation of the area: 15-9 (1) police protection: 15-10 12) fire protection; 15-11 (3) emerggngy medical_aervic4111. 15-12 (41 solid waste collection, _exj;ep,t_as-p;.oY1de_d by 15-13 Subsection (o;: 4, , 15-14 (5) cperetion_and 1}4}) maintenance of water and 15-15 wastewater facilities in the annexed area that are not within the 15-16 service area of another water or wastewater utility; 15-17 (6) _operation anQ I{•5}} maintenance of roads and 15-18 streets, including read and street lighting: 15-19 (7) _ operation and 1x-6+1 maintenance of parks, 15-20 playgrounds, and swimming poolsr and 8, /%imlext.cmd7LEG=76&SESS=R&CIIAMBER=S&BILLTYPE=B&BILLSUFFIX-00089& 9120199 76(R) SB 89 Enrolled version - Bill Text Page 7 of 19 Y 15-21 101_--pertion and ({a-F] maintenance of any other 15-22 publicly owned facility, building, or service. 15-23 15-24 , 5 or sere 11dat ._-'-91 million 15-25 i 15-26 we dabs of-t!.o 16-1 a see the j apme ltiertj in as 16-2 program the OwMaira;ity 1 16-3 ( 16-4 the -"__.i.._ elate the he ate"I 16-5 ] 16-6 ) 16-7 ({2; -p 16-8 ;9 dole aftee the-effeetive date of to e arreq atier of tote sees, il 16-9 h 16-10 my 4deer] 16-11 [{,D! enkrp_ ] 16-12 ( ) 16-13 ( 1;1 ptsvide the Folio jing met iees in k! e sees .44„ 16-14 6; days aker the eFfeekk%e date OF k! e e%plemak4e of Me 1 16-15 [ L__,.,., the , L,_ the _ t__ 16-16 rc~-rs:excvzrr-wi..Eitee acC~~~e-aa' -r+oe~i n.mi tir-oc-cVzee-e4ea 16-17 ] 16-18 [ 16-19 read amd street l 16-20 16-21 a i"dol!„gPeo-lbrl 1E-22 [ 16-23 ] 16-24 ] . 16-25 if rrokeekien, 16-26 egArlpertr] 17-1 (c) For purposes of this section, "full municipal services" 17-2 means services [ 17-3 and] provided by the annexing municipality within its full-purpose + 17-4 boundaries,_ ncluding_r+ater and wastewate.r_services__ard_exglgding 17-5 gas -or electrical service. 17-6 (d) A municipality with a population of 1.5 millrcn or more 17-7 may provide all or part of the municipal services required ucier 17-8 the service plan by contracting with service providers. If the 17-9 municipality owns a wat,-r and wastewater utility, the municipality 17-10 shall, subject to this se-Lion, extend water and wastewater service 17-11 to any annexed area not within the service area of another water or 17-12 wastewater utility. If the municipality annexes territory included 17-13 within the boundaries of a xunicipal utility district or a water f 17-14 control and improvement district, the municipality shall comply 17-15 with applicable state law relating to annexation of territory 17-16 within a municipal utility nistrict or a water control and 17-17 improvement district, The service plan shall summarize the service 17-18 extension policies of the municipal water and wastewater utility. 17-19 Is) ({d}] The service plan crust also include a program ur,der 17-20 which the municipality will initiate after the~(fe_gv~t( 17-21 the__annexatior) the acquisition or construction of capital 17-22 improvements necessary for providing municipal services adequate to 17-23 serve the area The construction shall ; 17-24 sket the elfeeki a date of bite ammematiam ei the sees a A Oslil 17-25 be substantially completed within thq_yert451y39YLd4~1lL~h4 17-26 service.plan. The,eervSCe.plan may be _ameflded_t4 4xtend t_he_pcti.pd / , 18-1 for construction if the constructiop__is proceeding w_1th._all 18-2 deliberate speed 14-}flyeats aftee date]. The acquisition or 1 l 18-3 construction of the faci'.ities shall be accomplished by purchase, 18-4 lease, or other contract or by the municipality succeeding to the 18-5 powers, duties, assets, and obligations of a conservation and 18-6 reclamation district as authorized or required by law. The 9. 'ic«iex(.cmd7LEC=76&SESS-R&CIIAMBER-S&BILLTYPE=B&BILLSUFF1X-00089.k 9/20/99 76(R) SB 89 Enrolled version - Bill Tevt Page 8 of 19 18-7 construction of the facilities shall be accomplished in a 18-8 continuous process and shall be completed as soon as reasonably 18-9 possible, consistent with generally accepted local engineering and 18-10 architectural standards and practices. However, the municipality 18-I1 does not violate this subsection if the construction process is 18-12 interrupted for any reason by circumstances beyond the direct 18-13 control of the municipality. The requirement that construction of 18-14 capital improvements must be substantially completed within th§ 18-15 period provided !n_the serv ce_.plan (+-WR? eeee] does not apply to 18-16 a development project or proposed development project within an 18-17 annexed area if the anr-.xation of the area was initiated by 18-19 petition or request of the owners of land in the annexed area and 18-19 the municipality and the landowners have sub"quqnntly agreed in 18-20 writing that the development project within that area, becau-e of 18-21 its sire or projected manner of development by the developer, is J 18-22 !,,t reasonably expected to be completed within that period. 1 18-23 (fl [{e+) A service plan may not: 18-24 (1) require the creation of another political le-25 subdivision: 18-26 (2) require a landowner in the area to fund the 19-1 capital improvements necessary to provide municipal services in a 19-2 manner inconsistent with Chapter 395 unless otherwise agreed to by 19-3 the landowner) or 19-4 (3) provide (Fes eel services ' le eia e 19-5 eei-*eel in the area in a manner thatwould f<ave the effect of 19-6 reducing_by-morethan__a negligible amount the level of_fire and 19-7 po,ice protection and_emergency_medical_services_provided within 19-8 the corporate boundaries of the municipality before annexation(r] 19-9 [+A -t1 ' - =roe 19-10 an atI if koke 19-11 Ih - l 19-12 19-13 to czar `.*T the area, 19-14 (g[___If '_the_annexed area_had a_lower_levE_l of serviSe_q,- 19-15 infrastructure,_and i_nfrastructure_mai.Rtenan5e_tha Lthg_le_v_gl_of 19-16 services, infrastructure,_and_infrastructure-_maintenangg_pro vided 19-17 within the corporate.- boundaries of the.- municipality befQre ; 19-18 annexation,_a service-plan must_provide._the annexed erea_yi_th_a 19-19 level of services,_infrastructure, and infrastructure maintenance 19-20 that is comparable to_the level of services, infrastructure,_ and 19-21 infrastructure maintenance available_in_other parts of the 19-22 municipality-y, M th top graphy,,land use,_,and population_density 19-23 similar to_those_reasonably.contemplated or projected_ig_the_area,.- 19-24 If the annexed arc-, had_a level of services,_infrestructure, and 19-25 infrastructure maintenance equal-to. the.level_of,services, 19-26 infrastructure, and infrastructure ma ntenanc4.prov_ided within-. the 20-1 corporate boundaries of the nuniciprl_ity before_annexaSion, a 20-2 service plan must maintsin,that same level__ofaesvicea~ 20-3 infrastructure, and_infrastructure .-maintenance___ExceptLAs_provided 20-4 by this subsection,.if.the_annexed area had a_lg_vg1 _Qf,3gryicgs 20-5 superior to.the lev_el_of_servicep provided within_LILe SQ;p4;ASe 20-6 boundaries of„thw mun cipality_before annexation,_a sewAce_plan 20-7 must provide the annexed area with a level of _eervices.that-i.4 paE.te_pf thg 20-8 comparable to the level_gf,service~L available in _other 20-9 municipality-with topography,-land use, and population densiSy 20-10 similar Jo-those.- reaaonably_con*emplated or_projeeted_in Ste srea~ , 20-11 If the annexed area.-had_a_l@v_el,of_services_for_operetisg,and 4, , I f , 20-12 maintaining -the -.infrastructure of ihe_area,,including _the 20-13 facilities described by Subsections 1b)(51-16j1-.opperior_to__01e 20-14 level of services provided within the -c9rpor-k%e~pvqdaries-of --the 20-15 municipalitybefcre annexation, a_service platl,nust_pApyide for the 20-16 operation and maintenance Of_.the infrastructure_of_the_annexed._area 20-17 ac a level of services. that _is equal or_supe.rior to,thsC_level_o.; 20-18 services, 10. /ric~~lext.cmd?[-EG=7bRcSC:SS=R&CIIAMBER=S&DiLt7'YPE=BhII1LLSUFFIX=00089& 9/20/99 76(R) SB 89 Enrolled version - Bill Text Page 9 of 19 20-19 ShS___A_PLUrISSipA]ASY!+SStI_SLpoPUl4t~4R~j L1.l~QR~r~919 20-20 ~naylzt~mp44e_;Liee_lasIl~Aeaexe~4~el,_ over er~i~lrQVa ed valsr~m 20-21 LiYtS.~Rd140~i1npo~SSi wit>iln thq co Aries of the 20-22 MVn10PalltY be1Qr_t"-r -CXPk a,-191nA1nW n_Sh9_LQY41 4"SdY1cSA 20-23 that sxLate~ 1nS~a Qrm_+919*• annsx4rti4n This aup.4SL140d43.e 20-24 D4_t_prohlbS.t_SLe.fiup15ip9LisY-.Lr.4e1._i_mP4s.11I4~~.Se_~4X~_9S.r_vi.cA1.0 20-25 Jhq-area_adneigd_if_Slle Jlair4 fee_i~lep2a.€Q!+tShlnshes4rpsaat.a 20-26 44unders~^S_c~n r,unippl.tRy__tze[Qts ar2ex.vLi4n~ 21-1 111. I+4+1 If only a part of the area to be annexed is 21-2 actually annexed, the governing body shall direct the department to 21-3 prepare a revised service plan for that part. 21-1 (j1 1#h1 The proposed service plan must be made available 21-5 for public inspection and r,:plained to the inhabitants of the area 21-6 at the public hearings held under Section 1_),95¢; [W A62]. The 21-1 plan may be emended through negotiation at the hearings, but the 21-8 provision of any service may not be deleted. On completion of the 21-9 public hearings, tte service plan shall be attached to the 21-10 ordinance annexing the area and approved as part of the ordinance. 21-11 1k1 l444F1 On approval by the governing body, the service 21-12 plan is a contractual obligation that is not subject to amendment 21-13 or repeal except that it the governing body determines at the 21-14 public henringa required by this subsection that changed conditions 21-15 or subsequent occurrences make the service plan unworkable or 21-16 obsolete, the governing body may amend the service plan to conform 21-17 to the changed conditions or subsequent occurrences. An. amended 21-18 service plan must icovide for services that are comparable to or 21-19 better than those established in the service plan before amendment. 21-20 Before any amendment is adopted, the governing bod.1 must provide an 21-21 opportunity for interested persons to be heard at public hearings 21-22 called and held in the manner provided by Section 4.7_,9561 [43,952] . 21-23 (11 (+i+l A service plan is valid for 10 years. Renewal of 21-24 the service plan is at the discretion of the municipality. A 21-25 person residing otr wning_land In an annexed area in_a_municipa ity 21-26 with apopulation of.1.6 million, k more may enforce a service plan 22-1 by petitioning the municipality_for,_a_change_in_policy o._ 22-2 procedures to_ensure compliance with_the.aervice-plen,__If_the 22-3 municipality fails _to..take action with _regard_to_th! petttion,..the 22-4 petitioner-may re guest_arbltration of thc_4lppute_unde;_$gctign 22-5 43.0565. A person residing or owning _lan4 in-an arVexed_ prea_in a. 22.6 municipality with a population of lesp._than 1, 6._mi',lio0...may_enforce 22-7 a service plan_by applying for a writ of mandamus pot later-kt a.3 22-e the second annlyersary_oE_the_date the_pereon kn.eN 4xJlh4uld_nave 22-9 known that the.municipality_.was__not_complying wth_the~etv_ice 22-10 plan, If a writ of mandamus.is applled.._for, the_.mupicipolity_has 22-11 the burden of proving tho'. th9_s0rvicgs_h&ve been provided-in 22-12 accordance with the aervice p)an in question. If a court issues s 22-13 (Mel writ under _thls_subsection, the cop.rt.t 22-14 (1) ten is and 22-15 _ w iastie - digAer c-'le,t1 must provide the municipality the option of 22-17 disannexing the area within a_reasonablo.,period_apeclfied by ih4l 22-18 court/ 22-19 (2)__ _may _requite_thim municipa.lity_tQ_csmply wStZi-r ise 22-20 servico plan 1n question_ke[ore_a reasonab1_~ llt6_splsified by_ttle 22-21 court_.if the mu.tiiclpality dogs_not dipa.nnex t1e_ar4a_l±ithln the v 22-22 period prescribed by_the court under 54bdiviaSon_(1J1 22-23 (71 may require the municipality_t4_Eefurd~4 tttq 6, , 22-24 landowners uf_the. annexed area money_co)lected by A hE_municlpalitY J 22-25 from those landowners for services to, h9 area_that..!+er4-r19t ~J 22-26 provided! ( 23-1 (4)may assess e_civil penalty a_ga_trst_the 23-2 municipality, to be. paid to the.state_n_a0_aLtA:'+t ap_justlce_may 23-3 require, ,for_the period in which the_municipal-4y_ts_not in 23-4 compliance with the service plan) 11. ...A,14AtextcmdlLEG-76&SESS=R&CHAMBERS&BILLTYPE-B&BILLSUFFIX-00089& 9/20/99 i 76(R) S3 89 Enrolled version - Bill Text Page 10 of 19 i 23-5 _the_pal:iiSS_t3_Parti9 o u -In 23-6 mediati-m- A 23-7 14l_naY_Sequi3e the_ml~nlgips_LitY_isZP3~~h_~psr~sa3 23--8 c43LS_arld_tlAaonab~,t_stS4rleY'~ tges inbCingL09Ali~a_gsioa_f9_I ih4 23-9 wtii W days). 23-10 Im1 23-11 23-12 -e*ea*) 23-13 (44-1 This section does not require that a uniform level of 23-14 full municipal services be provided to each area of the 23-15 municipality if different characteristics of topography, land use, 23-16 and population density 9gr)sLit!ut,0 [ate so a sufficient 23-17 basis for providing different levels of service. Any_Qiap.4S 23-18 ze9a.E.dtI19~h4_~eYe.1_413e.i_'.iiS€s pzg_LidEd u044gS.bIl1.~4S42sSS.S1on. a.tg'I 23-19 zesolYeSi~r~th@_safie_.+La~e.;_pFOVi4gd_4Y_~ure5eSt34911)_.._Nglhlr!9_i0 23-20 this aubsgciiQn~npolfiSDShe. ;gquirgmenS__un4€L$S1z AS_gjj 1_igLfor 23-21 ser~ce_plan_to.provldg~__1_@v_el_of_;gfv_icQe in e~_anr~exgd area that 23-22 i.s equal_9r_auperi_ot.to_the l~v_el_of s.ervi_Cee proYid_ed Within h-l 23-23 corporate_boundariea_of _the_municipa_lity before annexatls To the 23-24 extent, _of any conflict between Chia_subsect on _and_Subsectiort_(gl, 23-25 Subseotion,_(g) prevails, 23-26 ln).__ Before the_second_anniyer'ary of -the date--@2 a~ea_!a 24-1 lpcludecl_within_the_.corporate_boundaries. of_a_.mpni~ipoliSY_bY 24-2 annexation,_the municipality_may note 24-3 11L_.prohibit_the_COlle4tign gl__soli}. yast_~fn_the_ecea 24-4 by.a privately owned solid wasto management sPrvic~p{ovider3_or 24-5 (2)_.lmposa a fee for solid waste_mana9emont_pervicea 24.6 on,a..person .who_continues to_use.the..services of a._ pri_vatSly.owted 24-7 solid waste_nanagement service,proyider.t 24-B (o) A munioipality_is_ not required .to_provide..SOlld_wagte 24-9 collection services, under, Subsection_(b) to a.peroon.who continues 24-10 to use the services of a privately, oowned solid waste management 24-11 service_provider_a_s.provided by Subsection[ n1. 24-12 SECTION B. Subchapter C, Chapter 43, Local Government Code, 24-13 is amended by renumbering Section 43.0561 as Section 43.0566 and J 24-14 Section 43.0565 as Section 0.0567 and adding Sections 43.0561, 24-15 43.0562, 43.0563, 43.0564, and 43,0565 to read as follows: 24-16 Sec. .43.05,61. _ANNExATION HEARING REQUIREMENTS. _(a)Before 24-17 a municipality may institute_annexation proceedings, the_g9verpin9 24-18 body of the municipality must eonduct_two public hearings-at which 24-19 persons interested in the annexation are given the_opportunity_to 24-20 be heard, The hear ings_must_be cpnduct_ed not_later_tfan_t_he_9.Oth 24-21 day after the-date _the_ipyentory_is_ available_[or nsp¢,otiorl, 24-22 (b) At least one of the hearings must be held in the area 24-23 proposed for annexation if a suitable, site is reasonably available 24-24 and more than 20 adults who,are permanent residents of_tha ,area 24-25 file a written protest of the annexation wlth_ihe secretary of_th@ 24-26 municipality within 10 days after the_dat-o thg pubiioation o1 25-1 the notice required ,by this section.- -The protest musi. sla~~ thg 25-2 name, address, and, age of each protester who__31gns, I_f_a euita}~ls 25-3 site_ is.not_reosorlakly_availablg_in_the area_propos_ed_fo.C 25-4 annexation, the hearing maybe held--outside_S4e_area__propQ~e_.d_foF 25-5 annexation,_if_the hearing -is-held in-the neatest suitablq_ppb11S 25-6 facility-,. 25-7 (c)._The municipal ity_must, post- notice- pf the_hgazngs os shg 25-8 municipality's Internet websiie 1E,the munieipality_nai__an 25.9 Internet webs ite_and.publish notice_of the hearings_in a newspapgc 4 , 25-10 of general circulation in the municipality_and_ in the area propps.el ! ( 1,- 25-11 for annexation, ;he notice for each hearing must be publlsFed at 25-12 least once on or after the 20th day_ but befoFesh9_10th day.-before 25-13 the date of the hearing. The notice for each hearing must,be 25-14 posted on,the municipality's Internet_webslte on or after the. 20th 25-15 day but before the 10th day before_thf date_.of ihe_hearing and_mugt 25-16 remain posted until the date of the, ,hearing. _.3he municipality must 12, ..,hio lcxt.cmd'lLEG-76&SESS--R&CIIANiBER-S&BILLTYPE=n&BILLSUFFIX-00099& 9/20x99 t 76(R) SB 89 Enrolled version - Bill Text Page 11 of 19 25-17 gi_vg__ad41Slon+x.siotic yssrtltlgd~n~SLt91 25-18 11)-gash_PubllESfLit y.J"&f1jgd-bY_U-clIon 414.5 r 25-19 3t1S+_µttliSY~SSY~4g.P3.4Yl~e.SSYta_C__P.[A.Yi.dg#_9^.-.bYlsge_Sp~he nrea 25-20 Prop4.4i9S..a1LStxat_i9.n1_4Pd 25-21 121_3.p.S1L.F.gf1F9a4~9~P~PYtha.t_.~S.CR~7_LfLQJRS7Il1•.4~P3{11tY 25-22 and i~on_th3~1n1giPalltY~taX_F.411~~thg-~QLaP1~~Y~r13hS 4i 4+4Y 25-23 i_s in the ale.4_P~gP.9.mg41QLP~Rg3Sat.1•.4+L. 25-24 SSy _A3_L 62. NEGOTIAtL05._ZLEQUIPE4 LaLBISgZL41dii14~114 25-25 hgarings_p_p_pldgd h?Y~gSSion S,}~Q11. 25-26 111__.1L4ss?]lloippl_tty.7_a_popu~ayttq~ 4Llg~a_S11aI1 26-1 l,,~ltiil~icLr,~hgJsS~l1.iS.1pp.11tY_pILd~h6_.PfgP.eiSy Q!±PSI.LO~...Sh_L4rS.# 26-2 pF.op4_sed fQ3__4IIngxmti41LahA11_ire94L1~tg1S2Lt114_P.IS1YLflon of 26-3 pelYi.SS_s_t4_Lhg.~F_ep_pt:tS'.r_p 2ngll.at.o3Lgf _CQS_.S.IL9_PI91r1 Q~40~1 26-4 agrylcg-t_t4sns_nrS_anlf9u_qf_anngxallArl_undgL$eSClor~S293~1 26-5 4i 26-6 .123_SL4~ on1oiPA-Uty.Pl9Pos4s_t~a_ngeJt.a~P_flS1#] 26-7 distrlst,_._as_4ba_t.igra_dg4ingd_~Y_$e.gS.i9P.4.d.~02~_SRe. 26-8 municipality_endt.hg_governing_body,~f ills_dlRitrlot_ihall~l4.9ot4at_4 26-9 for_ the prQYhs o_n gf_sez~ices_t_o_tlLe_arca_ e{_ter__AnnSNati9n_Qr f4E 26-10 the_proyieiop__gf seryicea t4 the prey .in lieu Vf erllgnatlor~und~ 26-11 Sectipn_ 43_._0151, 26-12 {bj Fcr_purposp of negotiations.uade r ubspgtlpn_(a)11),_ 26-13 the_commiasiolers coprt_of_tpS_C_ounty_in which the_atga pXop_Qsgd 26-14 fcr_ennexptiQn-ia located shall__selact__ffve zeprgsentativ_el_,tQ 26-15 negotiate xith_thg,_municipaltt,y._f_QrAhg_prsv_l,eiQlLO~_p€t!ti.tp.s._tg 26-16 the area after annexation.,_ I#__the._area_prop9eed_fQt. en.nexation,_is 26-17 located !n_more_than_,Qne_coupLY~_the_commtasionerp_cqurS_of itle 26-18 county in which_the greatest.number,of_ Fesidents.reside,shall 26-19 select. _t hree_rep[esentakly.;s_,to nego.tiaSe. wlth_t a municiPA_4lty,. 26-20 and the commissionere._cqurta of, the remainigg_countles_jointly 26-21 shall select two representatives _to negotiate_with_the 26-22 municipality, \ 26-23 (c) For purposea_of neggtiptigns_under $ubsectlgn_(a)_t2_),__if 26-24 more -than one special d strict_1_s located in the.erep propgs_ed_for 26-25 annexation, the governing boards_of the_ districta_may_joint ly 26-26 select five representatives to_negotiatewith _the_municipslitY_o1l 21-1 behalf of all the affected districts. 21-2 Sec, .43.0563 _.CONTRACTS,FORi PAOVISION OF_$EjZVICES IS!_L1EU_gF 27-3 ANNEXATICN...(a) The.. governing _bodY.of_a mu nSc:y..tity._!±tth_a 27-4 population-of, less than 1.6.mlllion.may_negotia4e_ atd_erlter_SntO_a 27-5 written agreement with _represen..tative_#_designa_t.ed uridec $eCiign 27-6 43.050 (b).for_the prgyislon_of_services e_ndt.he_furdiig of hq 27-7 services -in -the -area.,-The_&grepmeRt_jnAy 27-8 related to permissible land uses and. compliance with municipal 27-9 ordinances. 27.10 (b) .An_.agreement_under_this _section_is_in_lieu_e,f_anneKati-on 27-11 by the_municlpallty o(_the acpa., 27-12 (c)__1n_negotlating en_agr_e_ement under this._agcSSQn,_thg 27-13 parties may agree_to. 27-14 {1 any_term allgwed,unOer_9ection 42.g4_j_93_i'd 5231, 27-15 regardless_ of.whether..thesn_µnicipali.ty_or the erea_propoaeSi9~ 27-16 annexation wo,ild,hay_g_t•een.Able_.to agree. to the in yn~gF_SgSSl09 27-17 42.0¢4_or.43,0?SIL_and 27-18 (2)_,any_otheF_term__to_whSCh_bgt_?L Pp3ttEa agree is 27-19 satisfactorily- resolKe 27-20 the_creation.of_any-type_of.sp_eQlal distr.lct oS~er?+ise_pllotilgd_by / 27-21 state law, / 27.22 Sec. 43.0564. ARBITRATION PEGAADING NEGOTI.ATIONS_FQB 27-23 SERVICES. (a)_ If the municipality and. the repreppntpti_vep_Qf_the 27-24 area proposed for annexation 27-25 provision of services, under Segtion_~l. Q}§2 or__ff.ihelnunlcipAllty 27-26 and the property owner represent atives_Qdnn4t re ash en_pgreement 28-1 for the.proylsion_o[ services _in_lieu,_oi_annexa_ioa urldec._SggtQll 28-2 43.0563, either patty by majority deei;ign_9f__ths_pprty!s 13, ...hic«text.cnld7LE(3-76&SESS-R&CIIANIBER-S&BILLTYPE-B&BILLSUFFIX=00089& 9/20199 l it II! II I 76(R) SB 89 Enrolled version - Bill Text Page 12 of 19 I 28-3 repre.se11.ttUvAa_in ay_rrgoiat__the_4ppgJtn edt_oS-A xb1W-tkr-t;4 28-4 r -tQLvs th_e-eryice_Bi&n1mu-An JpPgAt,_Ths-ztwoAS-jDuwtJs 28-5 nad.9_1,ILi+tits.a4..s3._Ihq__oS.tl4~poity_bSLp.re_shqA1tth lay_&ftSr-thS 28-6 4et4_thq_4<erytS.e pL4fLi~colnP.1St49 U.n443__SSS.[S41Ll QS6~Iht 28-7 mv-wiq_ipallSy_maY_f10S_~MSX~h5 t4_~nder anothS~A4st.7RIl_3f_th1.4 28-8 Shapt-es-Qi.Cing-ttoL 9PSIenS'i~f thli~rAIt1.4_tion-P;QS9g_41ng-Q-K-9 28-9 apPt_aj_1rgn_thq_a-r1-L.r419r!4 d-4-tZi41-0n.~ 28-10 .(b.L._ThD_pASCigf_S9_SILe 41-4P1rt_a_fiaY9r4S_pIlS.hS~PP_R~(lt_R~gDt 2 8 -11 41 _e! n _a _rb S l.rator_n__.1~_ tlia_P anti Qasannot_a q Ce4~nSLe_a PP9~f! tJmeIlt 28-12 9.j_.4n.~r1.Lr~tor_4ef4ro_t.t14_llth bUS.lne4.Zday_eft.gr.SI1S_¢3iq 28-13 art l4rsS1.41L1.a_requa_sLgd,_ih9_m~YDl_4fSh4JeJn~4ipar_1SY_+hell 1mmsd i.aS43 Y~ e_gU4sSA.1_1At_41_ 4e_YCfI..~?5t t_La 1 _4Sb~Cr4S91~1roRLt114 28-14 28-15 ivne=l~an_ArELtratiQn_Ayep~i4_tis~n~s_ihe~edgcA3~41¢tip.a~nsi 28-16 ~oniiialtyn S4rvlcss~tr4ls_oasce~_apre_in_t~+n~tlfln,,En 28-17 er4lic_atQ~lti~lu,g4_in_the~_ia_ts~stSa±t_rs isns~1_thl~~t~ts 28-18 4md Day-o_t_..bQ-A residsnt 0 1_4_s9ufity-1n wht 0--any.Past_QLthq 28-19 m~nislPali_tY_Qr~ny_part_of the d19ir1St_prop9agd fQr_4nrlexptop_1 v 28-20 lpcated,_ ?he_partlea toSh4_4lpputq may_ggr4e 9D_!Yo._appp.LntmsnS 28-21 of_an_arbitrator_SnSlu¢ed in._the_liat___If 4he_part_ies_car~not agree 28-22 on._th.e_oppofntment_oj_0n.arbt_trator_bq(gre-thp 11th_bgslIrgs_4_4Ay 28-23 aftaxthe date 28-24 the_party 'e_designee_may oltPrnately_strike._a_nane ;rom t_ha lipt, 28-25 The._t.em4ininq_person_on_the lint shill _t_4@ aFPQ4ntgd as the ._mubsecttpD, "business day" tneans__a day.ot.hex { 28-26 arbitrator,_ 1_n this 29-1 than a,5aturday, Sunday, or. ete_te or.nai onal_holiday,. i+ 2)-2 Ic) The arbitrator shalla_ 29-3 (2) seta hearing_to be held not later chan_ihe_loch 29-4 day after the_date the arbitrator ls_app9intedl_pn4 29-5 12)..,_notl[y_the parties_t_o_the- arbltration_in_writinq 29-6 of the time and place_of.th*_hearing _nQt_ &t_0r. than the_eighth day 29-7 before the date of the hearing,. f 29-8 (d) The. authority of the arbitrator ia_limited to. Assuing_4 29-9 declsion_relatinq only_to the service. plan iesuea ip_.¢ispvtj!.. 29-10 (e) The arbitrator mays 29-I1 (1) .receive in evidence any documentary_evdence_.Qr 29-12 other information the arbitrator considers relevant) 29-13 (2) administer.oaths) end 29-14 (3) issue subpoenas__to.requiret 29-15 (A) the attendance and testimony_of_witn.sseat 29-16 and 29-17 (B).. the production of_books,,records, _and other 29-18 evidence relevant to an issue presented 29-19 determination, 29-20 (f) Unless the parties to the dlspute_agree otherwise, the { ` 29-21 arbitrator shall complete the hearing within._two.consecutive days,_ 29-22 The arbitrator shall permit each party one day_to_present_ E_v_idence 29-23 and other information, 7he._erbitrator,. lpr_good,,eause_4forn,,,jm j 29-24 schedule an_ additional_hearing tp be held mot_later_ bj!ti it 29-25 seventh day after--the date of the first _issua_s..de~;sf9n_n 29-26 agreed to by the parties, the_arbltratpr must 30-1 writing .0nd_deliver,_a_.copy of. the decision tp the par_t.iVa_pot_la&..er 30-2 than the 14th day after the date.of the_final.heaFipg, 30-3 tq)._EilheF_Pa_rtymay,_appeal_enyprovlsiQn_4j_a9eF.btijeter'4 30-4 decision_that_exceed$ the auth_ority_granted_undetSubsecEio_0 _{.¢)_tQ 30-5 a district court_in,a_county in.which,.the. area_ProPOS_ed (4r 30-6 annexation is._located, 30-7 (h) If the municipal ity,_does_not_egree with the__terms 9f_thq { 30-8 arbitrator's decision, the municipality_may_not_annex the, area 30-9 proposed for annexation before the fifth anniversary of_the date 30-10 of the arbitrator's decision, 30-11 (1) Except as provided by this _eubsection, -the municipality i 30-12 shall pay the cost _of_arbitration. If _the_4Lrbttrator finds.,that 30-13 the request _for, arbitration submitted.ty the.~ePresentatlves of thq 30-14 area proposed for annexation was. groundless cr_requested in bad 14, ...hic%~tcxt.cmd?LEO=76&SESS-R&CIIAMBER-S&BILLTN'PE-B&BILLSUFF1X-00089& 9/20199 L I ' I I I 76(R) SB 89 Enrolled version - Bill Text Page 13 of 19 r 30-15 !l1LII~SI9C_kh9_PVrPOIfl!__91FA.SOIOSOS,_Sh~J0.f~1LIAS4LfiaY C~QV1L9 30-16 ih4~.IeALPt9P9tQ4LiDL~RD4AAtL4Il_L~PAY_i1L4L_P.AiS_4L LhtLC43I~1 30-11 aFkiSrdLS.9n, 30-18 Se~43~034i,_JiRB_IT.EAT OL aEGARDjb NFORC 3&NT O"LM-cr, 30-19 QSBft,-141_.APSF34n N2121.OQ441kD_Ax~1SzlSio.n As providg4-by 30-20 @ect10JI-43,054.LU-Mal _ eq.001 _kh9_9PP91LS1Aent of en erjl~4tor in 30-21 wring tQ the watcip.0-aly.. 30-22 1pJ~4gt_iQpA 9~1Q54if42i_iCla_a114~QLlPP1Y t2pPP4S11tm0iLS 30-23 p1._?illrel.S.r1kQL36~She.£4I1SiuC.t_4t_P6S!3~LSLA.i1.4~PSCSSt@4ibQ_1~Iidei 30-21 th10_44CS19Ii, 30-25 ipl_ Ia 4n~~i.trAtiPr prsg4ading uhdeLthiD~S4t191)._thS 30-26 mVRt.C1Pa11tY~~.l~h0_ks1CQ4n_4S_PlgYing_S.h~t_therv_aWpA.'if,.ty_LLin 31-1 sompliaace xith_ih~esKyics_P14a~sgaiFemsnkl~, 31-2 1d) If LhQ..g_C$iSL8.t41_t,1Di~Z Ch ait_Sh~1!1y1i1S1P4S.i.tY~l.0..a._ILQk 31-3 5'414P.11S9 with he_ll9SYLfe P~A[L [S4uf K.eIIlOISIJ 31-1 llj__She.144iS~S1A4r31Y~!aY~iS~rlltLthe A141t beS.4X9ShQ ~ 31-5 3.1_s.k_ day_11iSL[he_4ass she_P.UniSiPlliSy~ecelye► JS4PY._2t-the 31-6 4rbJ,~rA.k.QZ.'_i ~ecl.aisnlsn9 ~ 31-7 127__.Sh9_.art!itr4.k9rJ+laYI. 31-8 (A1___requi>~ she municipality_t.a_comp.;y_w,tth_th4 31-9 4ezyic4t_p.IAIL-i9 questio-n tc?fore_a reaa2r1a410__ditc_apgcifi.Qd~YShe 31-10 arbitratoi_i,i_S?S Itltiniclpal_JSy_dogprle+~_tyejsgl_ 31-11 {Bl_-rSAllra_kh41~Ut lciP.a.~SSY_SQ [e1kIld_ t_q Sh4 31-12 lendoti+Del49t._the_at~neXSd e,rgaJ!+o09y.S411sC.tA4.~Y_th4_611a11i41pa11tY 31-13 trom._thgaa landgwnerPr_vic~ _t9 the_4re.4_tks wsrssa~ 31-14 providedl and 31-15 (e]_._r.equi,Ke..Sh9_.municipality_to_ pay _ihe_cos..t~_ot 31-16 arbitration, including tho_;eaeonable_att0cney!p, [ee4 en_d 31-17 arbitratl.e0_cq#ta_o1_k.hS pet#Ot?_reque#tipg ajbit.taliPD.,. 31-18 (ej._.Ij._the er4.i.kretcj_fi_nd# t.ha;__Lhq~nuni4lp~].iiY..has 31-19 complied with the service plan_requirelrmntp,_the_arbitrator.may f 31-20 require the person requesting _arbitratLon t?.pay.eil_or_part Dt_thp. 31-21 cost pf erbitratign,_inclu.dirg the,_reaaonoble_a.kko rnI9_fee,s _of 31-22 tLe municipality, 31-23 Sec. 93 4.566 I43 G5611. RELEASE OF EXTRATERRITORIAL 31-24 JURISDICTION BY GENERAL LAW MUNICIPALITY OVER CERTAIN TRACTS OF 31-25 LAND, (a) This section applies only to a tract of property that 31-26 is: 32-1 (1) 40 or more acres in strut 32-2 (2) located entirely in a county with a population of 32-3 mote than 260,0001 and 32-4 (3) located in the extraterritorial jurisdiction of a 32-5 general law municipality with a population of more than 1,000 but 32-6 less than 2,500 that provides water but not sewer services. 32-7 (b) The owner of a tract of land to which this section 32-e applies that is adjacent to the corporate limits of another 32-9 municipality may petition the governing body of that other 32-10 municipality for annexation. On receip• of a petition, the 32-11 municipality may annex the area if the municipality agrees to e 32-12 service plan that provides both water and sewer services to the 32-13 tract not later than 3-1/2 years after the date of the annexation. 32-14 On annexation, the area is released from the extraterritorial 32-15 jurisdiction of the municipality described by Subsection (a) (3) and 32-16 becomes a part of the municipality agreeing to provide water and 32-17 sewer sarvicea, 32-18 (c) This section expires March 31, 1996, unless there is r1 32-19 litigation pending at that time involving the validity of the 32-20 annexation of a tract of land to which this section applies. If 32-21 litigation is pending, this section remains in effect until a court 32-22 enters a final judgment in the case. 32-23 Sec, 43,0567 [4; 9165]. PROVISION Or WATER OR SEWER SERVICE l 32-24 IN POPULOUS MUNICIPALITY. (a) The requirements of this section 32-25 are in addition to those prescribed by Section 43.056. 32-26 (b) A municipality with a population of more than 1._6 14.51 1s. /vic~%Icxl tnid?LEG=76&SESS=R&CHASIBf.R=S&BILLTYPE-B&BILLSUF IX=00089& 9/20199 c I I 76(R) SB 89 Enrolled version - Bill Text Page 14 of 19 33-1 million that includes within its boundaries annexed areas without 33-2 water service, sewer service, or both 33-3 (1) shall develop a service plan thati 33-4 (A) must identify developed tracts in annexed 33-5 areas of the municipality that do not have water service, sewer 33-6 service, or both and must provide a procedure for providing water 33-1 service, sewer service, or both to those developed tracter 33-8 (8) must establish a timetable for providing 33-9 service based on a priority system that considers potential health 33-10 hazards, population density, the number of existing buildings, the 33-11 reasonable cost of providing service, and the desires of the 33-12 residents) 33-13 (C) must include a capital improvements plan 33-14 committing the necessary financing) 33-15 (D) may relieve the municipality from in 33-16 obligation to provide water service, sewer service, or both in an 33-11 area described in the service plan if a majority of the households 33-18 in the area sign a petition stating they do not want to receive the 33-19 services) and 33-20 (E) may require property owners to connect to 33-21 service lines constructed to serve their area; 33-22 (2) shall provide water service, sewer service, or 33-23 both to at least 75 percent of the residential buildings in annexed 33-24 areas of the municipality that did not have water service, sewer 33-25 service, or both on September 1, 1991; 33-26 01 shall provide water service to each area annexed 34-1 before January 1, 1993, if the area or subdivision as described in If 34-~ the service plan contains at least 25 residences without water 34-3 service, unless a majority of the households in the area state in a 34-4 petition that they do not want municipal water service) and 34-5 (4) is subject to the penalty prescribed by Section 34-6 5.235(n) (6), Water Code, for the failure to provide services. 34-7 SECTION 9. Chapter 43, Local Government Code, is amended by 34-8 adding Subchapter C-1 to read as followsi 34-9 SU.3C8AP7ER.C-i.ANNEXATjON_PROCEDURE_FQR.AREAS _EXEMpTED FROt4 34-10 MUNICIP L,ANNF)SJiTION PLAN 1 34-11 Sec. 43, 041..,APPLICABIU Y, This aubc.hapter_eppliep_tp ark 34-12 area proposed for annexation that is not required to__be_inciuded_}n 34-13 a municipal annexation plan under. Section 43_,_952, 34-14 Sec. 43,062. _PROCEDURES, APPLICABLE.,__la.j._.,Sectiona_43,OSi, 34-15 43.054, 43,0.5.45, 43,055, 43,.95.65, 43,0,567,_and..4351_apply to the 34-16 annexation. of an area _to-which-this- nubchapter_applies_. 34-17 (b)-.This _subsection_applies on;y,to_an_4"& dgscribed_by 34-18 Section 43,052(h).(1),. Before the,30th_day Wore da _tha_te_gf_the 34-19 first hearing _required, under Section 43,663, .a_ municipal ity.sh.al_l, 34-20 give, written .notice_of_Its intent to annex the__area tol 34-21 (1) each_properiy_owner._in an_arga_propgaed_fo; 34-22 annexation,_ as 34-23 appraisal district--for-r each county in_WTich_tD4[~rSa lA_ioo4SC91. 34-24 (2) each public entity, .as dejne4._by_$ectign_ 63.031. 34-25 or,private_entity that_prov_ides aerv_icep_in_ Spg_ e.rS!_propQ_sS¢~SX 34-26 annexation; -arid 35-1 (3)._ ea4h_za.11_road-company...the_t__aetyes_tr~e_m4IltC1Pa_l_iSy 35-2 and la__on__the, mun}Sip.all,ty_a.teX._rolI__!_t~1e__cgmpany!Zrlgh4~f~S' 35-3 is in the.area proposed (Qr_anneitati_o_ni 35-4 Sec,. 4.3.063. ANNEXATION.HEARING.REpUiP,E(gENT$~__lpl_~$e~ol~_p. ) 35-5 municipality g y may institute _a nnexatior!_proceFd}n s, th.4..4gYflrr-i A 35-6 body of the municipality must_conduct_two publio_hearings at which 1 „ 35-7 persons interested,in.the annexation ere_given_th4 opportunity_S Q 35-8 be heard. The hearings, must be._conducted on_ore.f.ter.the,lQ~h_day 35-9 but before._the,20th_day before the.date.ol_.the_ins.t tution._ot._ttle 35-10 proceedings, 35-11 lb) At least one.of_.the- pearings mugb_be.-b l4 Ss _t4e_Area 35-12 proposed for annexation if .a_suitebl4_site,_i_seasgnably.ev4ilpl)le 16. A'icmcxt.cmd?LEG-76&SESS=R&CIIASIBER-S&BILLTYPE=B&Bl1A,SUFFIX=00089& 9120/99 76(R) SB 89 Enrolled version - Bill Text Page 15 of 19 35-13 and-4LSfSh+n__19_p4.[49nt_g1sh4_ed~whq~_r~y9rmanent~fQe~;~ 35-11 Q1_kh5 AL.C41..118_4Z+r1SSg_0 FL4tl.QS~_CSh4a0neut10JI-A4h_tht 35-15 o-gmtstY.4LthOJtUn1_~SP2LISY_L+151111L1SLdAYS~.fSSS._LI14SLato-0_the 35-16 PSbl3.C1L10R9Lt?LQ~oI1oS_.L~QU13€51 4Y_this m"inj The pu4 v t 35-17 [nips_2LQLSSh~t2R4,_a_dOcupi_pIlgkA;t S.eG.b pIQSS.iSSZ tEw-At gu, 35-18 151_T_h~1elnl4lP.QLZLYS~p4:S~41iS~Q.L_the }is.aLJn47_46 kh9 35-19 nu_ni_clpaA-UY_aC.n UDSt wtk41~4_1Lth4 ]1u111SiplLSSYh4f_a11~Il49SIl9t 35-20 NS_b3-1tS.jD4_pvbliah noti; of the-ItAE1n94.1n_A.DS,1spoper of 35-21 4iP_p.L.A1-~LC914tlon~D_Sh4!_1r!kniS:1P3!]1SY-4!Rd._LIl_th4..are .prop.Qj" 35-22 l9L~n2e~a.tl4n The rlQt.lss lQa sash 2 elcinq~uas 4e_.p.~bltab_cst_aS f 35-23 Le4st~nceyA._4.Laft.4,Lihe_34.t~J..sIOY._butb9.fsr L1he-9SILSLaY Jbkt4CS 35-24 sh4~aSS.sf__the~saringz_ ibe~stiE4_Lvrsash m_L3nQ~~S~1e 35-25 pg~tgd QrLSh41u~141yp11SY'a_Tfit£LJLeS_!ie43Lt49R_QLaSSQI_th~_jQth 35-26 daY_1.u~491Qi:sh4_19Lh._day_b.91435 Cho-d4sS~f_; h4.h£4L11iq_a.nd_fiStlt i 36-1 Lulai.D-P-uwArott1~h.~d.DS_4.~Lt~.i_e~fleZlr4>--Th_e_L valcinUty_m at 36-2 givg_adsi1S141~9SiL4~YS@rS1fi9C mAi1CQSa4h3a11S9Ad t3mpAtY 36-3 ihat_asSS_S.Lh4JtL~[I;ISSPa-1SkY_and_1s AES~4_muS.141pA1ltY_'..9_SA~Lb9S1 36-4 i_f._thd_S.9.mpaDY'0_rSghS_qS.Y.1D__1nStLe_p.ri#_PE9D9A~d_fQ~ 36-5 erln.exat_toth, 36-6 ses~~.l,_4~9_FIRIOD_F98_94HPLETSON_4F_.ANL~ExgT14Nt_EFFgS?iv_E. 36-1 DATE -(a) 36-8 days after th4__¢ats.the_Qov9rninq_body_ins;itut4a the annQta.ti9n 36-9 pr4cegd.ings_ei thos~_Rj4ceedinq~ arayou1d,_Itny_P4r19d_duclag..rhiSL 36-10 the_munlcipality_ia_.restrained or enjoined by a c~urG fEQm__annexi114 36-11 the area,is_no; incig.¢ed_in_compu~ing_the~.Q=4.aY_pSfS.4d, 36-12 (bJ_ Not+ithstanding~nY.provilion._of_a_municipal._charter_to 36-13 the.-contrary, the .gove.rn}pg body oi_p _municipai ty ui.th 4 36-14 population of,1,4_nilllon_gr_mo.X.e_mpy_provldeC hat_pn annexation 36-15 takC._eff4ct_ogany_.da;e_wlthi.R_4.0_..~/9._ef_tsF_th9_dat4_of._thg 36-16 adoption of_th4 ordt0a_r.ce_Providinq_for_the_pnn9xaton_ 36-17 Sec. 43.065. PROvIS10N OF SERVICES TO_ANNEXEt) AREA, 36-18 (a). Before_the_publication of_thp notice 4t ;h9_lirst hearing 36-19 required under Section./3.06;,.the governing_body__of_the 36-20 municipality, proposing ttLe enpe_x.akign ahall_diL4ctte_plpnnln9 36-21 departrent or other approprlatE_munioipal deparS!2eDt_to pzeppre__a 36-22 service plan that.provides, for, the extension 9f full municipal 36-23 services. to the area__to_be..a.nnexed, The._munieipalikY shall_pr4vide 36-24 the servlces.by any of. the methods, by_~ ich it_Sxtends the s_erviC e 36-25 to any, other area of the.muni,gipality., 36-26 (b) $ections,4.3,0561b)_to)_sppiy.;g the annexation of an 37-1 area to.which this suizchapter applies, 37-2 SECTION 10. Subchapter D, Chapter 43, Local Government Code, 37-3 is amended by adding Section 43.0712 to read as followsi 37-4 Sec, 43.0712,__.INVALIDATICN OF ANNEXATION OF SPECIAL 37-5 DISTRICT; REIMBURS£M£NT_OF DEVELOPER,._._taJ, If._a munigipali_ty 37-6 enacts ap_ordinance t.o_angex;a_special-di ptrict_and assumes eogtr1 37-1 and operation of-utllities 37-8 is invalidated_by a tinal_ judgment,_of_a cgurt_a.ft4=~11__ppp4_a19 37-9 have been exhausted, ._the _municipality_s,_d4gmed,_by~_na~Sln.4n5_Qf 37-50 its_annexation_ordinance, to_hav_e -acquit ed__t~le to util.iSies C~±ned 37-11 by a deve.lopor_ witTin_the epeci_pl_4SsSriot._aD4 m- 9_b119atedCo_PAY 37-12 the developer, all amounta related to_the_ptiiitigf_p 4 P-r ovidS_ -1 n 37-13 Sectiorl 43,07,15, 37-14 (b),..llpon_sesumption_of_ tAe_Iupctiolil~f~h@._pDSSJpl 31-15 dlst_rictt 31-16 (11 the municipality shall. eucc4a¢__LO_the~optrpcSual r 37-17 rights of the develaper__to.be_reimburaed.by kh4_ppeSlel_diatSloS 4, , 37-18 for the utilities the municipality acquires from the developers and 37-19 (2) the special dlatrict_shall_respne__ehe_use of_th4 37-20 utilities acquired and paid for by_the_municipallty and-#hall 31-21 thereafter acquire the utilities from the muplglppllty._pn9 37-21 reimburse the municipality_ for smounta the mtnicippllty.pp_Ld_Sh9 37-23 developer. The payment_to,the_municipality ah4ll_b4_gov-t-zgad__ky 37-24 the requirements of. the Texas Natural Repcurce_Contgrvat_ion 17, .../vic411ext.cmd?LEOy76&SESS=R&C1IANIBER-S&BILLTYPE=B&BILLSUFFIX-00089& 9/20199 t 76(R) SB 89 Enrolled version - Bill Text Page 16 of 19 37-25 Cyirmko-ii2n. 37-26 SECTION 11. Section 43.07S1, Local Government Code, is 39-1 amended by amending Subsections (b) and (k) and adding Subsections 38-2 (o) and (p) to read as followsi 38-3 (b) The governing bodies of a municipality and a district 38-4 may Ishals!) negotiate and Ia.er) nnter into a written strategic 38-5 partnership agreement for the district bylni±t4~.dl_g4I144nt The 38-6 governing 69dY~S__4]l~IllplpalifYe.S9 NSitt~rL~gqusst from a 38-7 distligt~nci~d_ad. in th4 munc_ipplltY_'3 annexation pisn_un44r 36-8 5ept12n. i.0.62,~_hal_>L_negotlate_ai?d._Sntg r._intQ writ_ten__atrjt_4 g kc 38-9 partIlerehip~l9Segl4ilt_xiS_h~}e ~1_t3tFiCt~A-dittrisz"nclud0d_Sr11 38-10 mynisipa_l~ty! _.~nng at74R_planjmdei_SgcSUA-i1tQU-L 38-11 I1L_3Ray??ot ~abMit~tit!+r.i.tCSn zs.9usOLo~s-thaa.t.4 38-12 of_tha ass9~d l]earinq ~SgvitSd_undS~ifCti4~ l Q~41!__aR4 38-13 j2)_snust_sYb141t_it!_wr~St4D_Segvea.Lk4fsce~h4± 41 pt 38-14 day_aft4S 5.R4_ddS.$ 4S~h4_;a~o114 f!44t1043~4~11Led__~JIld_SL$~4519~ 38-15 4.3 ,_Q 561 I` es - - rieips1 is -0194 the '1- Ohs; - idemee 38-16 J 38-17 ."---.y am elevirabion date it the ekhee 38-18 38-19 38-20 !d its 4sillser%isp by timempireel 38-21 risk For an 3e-22 11 the dis _t_ seekiert "a! mat imitiate 38-23 014) ether seetiesis of this eade trier be the 4e~r yf kwo yesre 38-24 after the ealeptlen date 01 0e reaeldisism unless khe phomieipslik 38-25 38-26 39-1 (k) A municipality that has annexed all_pr_part~; a 39-2 district for limited purposes under this section may impose a 39.3 retail sates tax within the boundaries of the_part- of the district 39-4 that i9 annexed for limited purposes. 39-5 (o) If a municipality_zequired to negotiate with_a, tetri.gt, 39-6 under :his section and the_requesting__district_fail_to__agrge 971 39-7 the terms o[_a strategic partnership. agreement,_either_party.-m;Ly 39-8 seek b(nding arbitration of -the -issues relating to.the_sCreerent._in 39-9 dispute under Section „43.0752,_ 39-10 (p) An _agreement under this sections 39-11 (1) pay not require the_district, to provide r4venue._to 39-12 the municipality solely for.the-purpose of obtaining an.egreement 39-13 with the municipality, to_fprgo._annexation of__the_diattictt_and 39-14 (2) trust provide beaeflta to each.party, _ Including 39-15 revenue, services, and.reguia,tory benefits,_that must_b~_~easonable, 39-16 and_equitable _with regard to_[he benefits provid4d_by_the other 39.17 party. 39-18 SECTION 12, Subchapter D, Chapter 4., Local Government Code, 39-19 is bmended by adding Section 43.0752 to read as follows: 39-20 Sec 41,0752,__ ARDIT.RATION,OF..$TAATEGIC_pARTO.ERSHi_Q 39-21 AGREEMENT,,_(a) .If_tie municipality_end_tbe dlatriocsannot_zea_gh 39-22 an agreement on the_jerms,of a_ strategic, partnership_eg;etae.n- 39-23 under _Section_43.0751,_either„party may-request_tAe._sppQintmeAt 39-24 an azbitrator_.to resolve _th4__ipsuea in_dispute,_ TILe equ44S_LnusS 39-25 be made in wri,ting.tQjhq_other party_befora t 4 60th dpy~ftEF_t?s4 39-26 date the district _pubmits its written_request_-for negot atl_onA 40-1 under Section 43.07!1 40-2 district under another ection_of this,ch sr duri_a e, dgacy 40-3 of the arbitration proceeding or, a an ao .ea lp fzom_then brat_pr p i ~ 4 40-4 decision. / 40-5 (b) Sections 0.0564 (b) , (c) (e), _{f) I9), and_(h)_apply 40-6 to appointment of an-arbitrator and. the.ccnduct_of ap_ar,bitration 40-7 proceeding under this section. 40-8 (c) The authority of the arbitrator is_limited__to 40-9 determining whether the of fer_of a party oomp.l.ies wit.h.Section 4C-10 43,0751(p). 18. „Jv)cmcx1,cmd?LEU>76&SESS=R&CIIASIBER=S&BILI.TYPE-B&BILLSUFFIXr00089& 9/20199 76(R) SB 89 Enrolled version - Bill Text Page 17 of 19 5 40-11 1d1-11 _tho-esbitXAU;.tf n~v_~rtaL~n sallsrsoirPl len__~1Sd 40-12 Sg4L19r1_10_7_fl 1P1,_Sh4~F~tL[ats~r4Y_la~us~~esl~lsn Stsni 40-13 IILCQrp4[4tge_Lh49f1.EFaR.pAF.L_QL_Sh4 eLFSSSg1s-pA[tn43~hlp 40-14 pgr_eeme u 40-15 1st Th9,_0!!UA1-ripall y~nd_ih9~diAt[i~L3h4iL4.9u4~1Y_p YSh4 40-16 S.Q3t0_.4f_4.[b.1trptLML 40-11 SECTION 13. Subsection (a), Section 43.121, Local Government 40-18 Code, is amended to read as follows: 40-19 (a) The governing body of a homo-rule municipality with more 40-20 than 225,000 inhabitants(, if atitharked Lm ke its home td-~e 40-21 eherlerrI by ordinance may annex an area for the limited purposes 40-22 of applying its planning, zoning, health, and safety ordinances in 40-23 the area. 40-24 SECTION 14. Subsection (c), Section 43.141, Local Government 40-25 Code, is amended to read as follows: 40-26 (c) If the trea is disannexed under this section, it may not 41-1 be annexed again within 1.Q 144") years after the date of the 41-2 disannexation, (if it is _--__-..eel At.,_ - - - - 41-3 dake of the - ---..'ee plam for the 41-9 vdazte! e+`---ti e 41-5 resi i emakierrr) 41-6 SECTION 15. Subchapter G, Chapter 43, Local Government Code, 41-1 is amended by adding Section 43.148 to read as followai 41-8 9eg,_13,141,_REFi~NlL4F TA LE~jiND FEES__Lal__I_f_an 3reA~4 41-9 di,4anneKe4,.._tRg~nunlclpulity.i9aPng.?(1.nq..Sh4! areaahp)1_eftiiid_t.4 41-10 the. laDdowners_9f the_area_the -amp unt_of_mgney_colleeted byAhe 41-11 municlpali.y_!n_property Laxea_e,rLd_fe4l_fr9m b"_iaedov_ n~e 41-12 during he period that the erea_.vas,a_part..Qf the_municpality_1Se! 41-13 the amou Lt_Qt~nobey tha_t_the municipal)_tY.sP4Ilt_for_Ch4_diS4ct 41-14 benefit of.t-he_area, during.thet_period,_ 41-15 Ibl A municipality shell proportionately_rSfund_the_ amount 41-16 under Subsection (a)__to,_the landowners according._to aJnethod o..be 41-17 developed by the- muni_Sipplisy__that _ideOtif ies each lsnd_gwnir'4! 41-18 approximate pro_rate, paymept_of_the _ta lnd_fees being refunded_,. 41-19 (cl_ .A,munidpal_ ty_requi;ed_ t,Q_L LrW-mpn4y, under-Ahi! 41-20 section_4hall_refund the money.to_curren, landgwnera_in_thQ_area 41-21 not later than the-180th'-day after-the date_the_arga_Sa_disannexed, 41-22 Money that is_not refunded within the_per}od ptie cribrd_bY-_th_S_a 41-23 subsection accrues interest at the rate oft 41-24 11) six percent e.a.ch year after_She_1.8QShday_an4 41-25 until the 210th day_af_Ger._the_date, tbe_ area 41-26 (2)_. cre_ percent each mon;h after, tA9.210th_day eftgr 42-1 the date the area is__disannexed, 42-2 SECTION 16. Subchapter Z, Chapter 43, Local Government Code, 42-3 is amended by adding Sections 43.905 and 43.906 to read as follows: 42-4 Sec._.43..905. EFFEQT_OF_ANNEXATIQN ON.,,QQJ PAT1~N QF SG!i494 42-5 DISTRICT.—- A-munic1pality, thatproposes__t0_erlnex!~n erea_shel_1 42-6 provide_written notice_of the-prop4aed ernS.riaLioJi C_Q_4ayh_pybltg 42-7 school distrlcS.lQCated_in_the_area prop43gd _fQ,pnnex.Lton wittLS.n 42-8 the period prescribed for publishing the noS_i_Ce_,gf.~i~e [11Qi 42-9 hearing under, _Section_4J.0561 or_43.063,_a s appl_JSgjk, 42-10 (b) _A notice to__a public school dlstrict eh4!11_c,,n aln_4 42-11 description off. 42-12 ll)__the .area within the_di4trict_pt0pQAS4 Sir 42-13 anne_xationi 42-14 {2 L_ any_tinanclal_impect_on thq dl4t[let re~ul~n9 fir, 42-15 from the annex a tion,_ihclu6rig.pny changep irk ut11ltYS421sLand 4, , 42-16 (3) any proposal the municipelity.has_to.Abate, 42-17 rtduce, er limit any financlal_. mpact.on_the district, 42-18 (c) The municipality -pay_notproceed wlt)i_the. annexat.1.40 42-19 unless the municipality_provtdeo the required_n4iiQe~ 42-20 (d) A municipality that has- snnexsd any_pprtion of an_area 42-21 after__0_gcember_ 1, 199.6,_and before_ SepSeAbe3.~,~4391 ip_whicna 42-22 school district has_a.facility.shall_grant_.a_varianEe_frcm_th4 F 14. .../viceslcxt.cmd71,E43.76&SESS=R&CIIAMBER-S&BILLTYPE-B&BILLSUFFiX-00089& 9/20199 mud a 76(R) SB 89 Enrolled version - Bill Text Page Is of 19 42-23 mvnWp.aLLtY_4.1?.uUdin9s2ds is.~tIlat_tss~_tlSY~llhn f~¢ility 4ss4 42-24 e41_c4PlP1Y w.Lt[Ltht cgdo1 42-25 141--A_M-YnWpA111y-UaS._.d3 4_L4'_lYlt_QS~h9__/n7191SAt.14tla. 42-26 pLo.-v1des -uUWy--viKY1c4!_i9_..a_as,ho41._dl7S.ilo_t_Lac111SY...14J.Y_FRalg4 43-1 thg ~iQS~ICSSSLUtS1SSY_Q4KYSsS~Aii 43-2 111__the_aama_ra tt_thatSSa_diaialst~r~ 3- paying J211M 4 3-3 ths_trLrgX tSsDa__4x_ _ 43-4 43-5 lt1-&_LS~~aeAS_u 4 rbaSl 14na141_l~_9ltssiLY~u~Sx~hs 43-6 S1F3~_day 4LSh43Sh441~isLES_43 D 11_lcdl.Yger~Spgt bS91~Z4!t_44K 43-7 the 9oV day-atte-KAho--W-t -YtAate- PL-th-t-kanexatiop, 43-8 5~4~33~44el.__1QTINS~S~KL~AEi$11HN.F~S6TI4N~1a1_In 43-9 cPfltlQ..fCiQO-w1 tJLF11~3lDe1S4t_19DS~1_f!Y9p47€.Q_aJSBS~r..C:glS._a 43-10 IRVn1S1p3~1iSY~~a1} lpp1Y_14.K_pFiCJ,94 AU-Jand2' 495`S9P_51 OLing 43-11 El.ght± ACt_gl 12<z~I~ SL~S~S~SeStSo11~47~SJL91_aLIY i9 "g-CM119t 43-12 L4?.1i~SP4_Lr.4.~lih4~a1~114K~Si9n_9F_.p_4'9P41.e~_...QR4!1CaL,~4n~.LSc~LSIIQ 43-13 Unitfs(~SidSSa_O.epeSErtt4rl..LS.LJug~1Ce nQt4LteF__tha~4h4~4.!h_Sl+eY 43-14 4afsrs she sltssS.Ltt~at4; 2fsht.anrsexa_ttall~'~dn_~a c4~4~10 43-15 pe.rlnlt~Lgilylp5lg~fede~ai.lpw: 43-16 lbJ_Nst!+~Shss#R4in9_Sg.£.t_i.41Li~9_Q4._ E1~ciio~C_q~i~ 43-17 munlcpe~i_LY_Shat_~nil4!(£a~.n_4re.a~.a.Y_!SP_t.p.reY9'Dt aa_Qua1S.fig4 v9_tS3. 43-18 realdSn9_in_Sh~¢~ga_Sro~vySin4..Sn_ae941eK1YSh4dS_lEii_i~d>SSpAl 43-19 election f4c__aiY.Ieal4!1 St_SheY[.1CSpolitY~aa__4Fttd11Lt4 43-20 pre4l_garonce_of__the voting.Chenq@_f39_i+Lth9y111.Lg~$SfL43_4epgrt.m4tli 43-21 of_J.gstice,_ 43-22 SECTION 17, (a) This Act takes effect September 1, 1999, 43-23 (b) Each municipality shall adopt an annexation plan as 43-24 required by Section 43,052, Local Government Code, as amended by 43-25 this Act, on or before December 31, 1999, that becomes effective 43-26 December 31, 1999. 44-1 (c) Except as provided by Subsections (d) and (q) of this 44-2 section, the changes in law made by Sections 2 through 8 and 10 44-3 through 15 of this Act apply only to an annexation included in a 44-4 municipality's annexation plan prepared under Section 43,052, Local 44-5 Government Code, 83 amended by this Act. Except as provided by 44-6 Subsection (d) of this section, a municipality may continue to 44-7 annex any area during the period beginning December 31, 1999, and 44-8 ending December 31, 2002, under Chapter 43, Local Government Code, 44-9 a3 it existed immediately before September 1, 1999, if the area is 44-10 not included in the annexation plan, and the fort•er law is 44-11 continued in effect for that purpose, 44-12 (d) The changes in law made by this Act in Sections 43,002, 44-13 43.054, 43,0545, 43.0546, 43.05(ib), (c), (e), (f), 'q), (1), (m), 44-14 (n), and (c), 43,0565, 43,0712, 43,0751, 43.121(a), 43,141(c). 44-15 43,148, 43.905, and 43,9060 Local Government Code, as aoJrd or 44-16 amended by this Act, apply to the annexation of an area that is not 44-11 included in the municipality's annexation plan during the period 44-18 beginning December 31, 1999, and ending Decembr 31, 2002, if the 44-19 first public hearing required as part of the ann%xation procedure 44-20 is conducted on or after September 1, 1999. 44-21 (e) The changes in law made by this Act in elections 43.002, 44-22 43.054, 43,0545, 43,0546, 43.056(b), (e), (f), (g), (1), (m), 44-23 (n), and (o), 43.0565, 43,0712, 43.121(a), 43.141(c), 43,148, 44-24 43.905, and 43,906, Local Government Coda, as added or amended by 44-25 this Act, apply to the annexation of an area that is not required 44-26 to be included in a municipal annexation plan under Section 43,052, r 45-1 Local Government Code, as amended by this Act, if the firot hearing 45-2 notice required by Section 43.063, Local Government Code, as added f 45-3 by this Act, is published on or after September 1, 1999. 45-4 (f) The change in law made by Section 1 of this Act applies { 45-5 only toi 45-6 (1) an annexation included in a municipality's 45-7 annexation plan prepared under Section 43,052, Local Government 45-8 Code, as amended by this Actl and 20. „•JvieHlextcmd7LEG-76&SESS=R&CIlAh1BER-S&BILI,TYPE-n&141LLSUFFIX=00089& 4120/99 ~ { I 76(R) SR 89 Enrolled version - Bill Text Page 19 of 19 45-9 12) an annexation of an area that is not included in 45-10 the municipality's annexation plan during the period beginning C 45-11 December 31, 1999, and ending December 310 2002, if the first 45-12 hearing notice required by Section 43,952, Local Government Code, 45-13 as it existed immediately before September 10 1999, is published on 45-14 or after that data. 45-15 fgl The change in law made by Section 43,0712, Local 45-16 Government Code, as added by this Act, applies to an annexation 45-17 that occurs before, on, or after the effective date of this Act. 45-18 SECTION 18. The importance of this legislation and the 45-19 crowded condition of the calendars in both houses create an 45-20 emergency and an imperative public necessity that the 45-21 constitutional rule requiring bills to be reed on three several 45-22 days in each hQuso be suspended, and this rule is hereby suspended. S,B. No. 89 President o the Sonata Spea et o t • ouse I hereby certify that S.B. No. 89 passed the Senate on March 25, 1999, by a viva-voce votes May 27, 1999, Senate refused to concur in House amendments and requested appointment of Conference Committees May 28, 1999, House granted request of the Senate; May 30, 1999, Senate adopted Conference Committee Report by s viva-voce vote, Secretary o the Sonata 1 hereby certify that S.B. No. 09 passed the House, with amendments, on May 25, 1999, by a non-record votes May 28, 1999, House granted request of the Senate for appointment of Conference Committees May 30, 1999, House adopted Conference Committee Report by a non-record vote. l chief Clerk e Us House Approveds Date Governor , 21. .../vlewlext.cmd?LEO-76&SESS=R&CHAMBERS&B1LLIYPE-B&BILLSUFFIX-00089& 9/20199 v' I EXHIBIT B ANNEXATION FOR THE j THIRD MILLENNIUM SENATE 81LL 89, 7eTM Tr A9 LEOisLATURE THE FINAL OUTCOME I 1 Texas City Attorneys Assoeliflon Semi-Annual conferenoe June 17 & 18, 1999 Radisson Hotel South Padre Island, Texas 1 ANAL ESLIE MUNCY TAYLOR, OLSON, ADKINS, SRALLA do ELAM, L LP, $00 THROCKMORToN,SOTE3400 Fen? WORTH, Tws 78102 (817) 3324580 01 22. c 4• f ANNEXATION FOR THE THIRD MILLENNIUM 9 ENATa B iLL 00, Te- T"M L 103LATURa Us FkAL OuTcoMR INTRODUCTION The intent of this paper is to present an outline of changes In the law made by SB 99, j adopted by the W Legislature, and to scrutinize some of thelr complexities. Provisions of the I Annexation Act that hive not changed are not referenced unless ralated to a particular change. As aids to understanding the changes, several charts are Included, Unfortunalety, reading this paper and studying the ecoomparylng charts will not substitute for reading the bill. Every sentence must be read carefully with your question In rrnd. Before undertaking an annexation in the future, a city atiomey must become famlllar with all the provisions of this bill. For the next two and one-half months a city may annex as in the past without regard to the new law, with three exceptions, discussed later. For the next three years, a city may annex under the old law with a number of changes. These are indicated in the Transition Table at the end of the paper. After three years, a9 annexations will be under the new taw. The greatest Impact is on home rule cities which now have authority to annex areas without the consent of the landowners or residents. Under many circumstances, annexing an area without consent In the future will be or udeal. AMENDMENTS TO THE ANNEXATION ACT t~) ETJ. If a city annexes an area B owns that is not contiguous to the city boiundades, U. annexabion will no longer expand the ETJ. [542.0225] (2) GRAN DFATHERED USES, IEEE CHART A] A city may not prohibit: (a) the continued use of land A an annexed ores if the use was In existence on the date proceedings were instituted and was legal before annexation; (b) beginning a use of land In an annexed area that was planned before the 90e day before the effective date of the annexabon d a completed application for any required governmental authoizations was submitled before the date annexation proceedings were Instituted, (§43002] i (3) ANNEXATION PLAN. (SEE CHART B] (a) Required; Exemptions. Am annexation plan is required before a city may annex an area, unless: (i) The area contains less than 100 tracts of land on which one or more 1 residentiat dwellings are located on each tract; t T 11 LOR, OLSO,N, ADKINS. SNALLA & CLAN, L L? Psps f 23, I I i C i i i Juaeunaw FOR cwt Twm MxLermiuu (it) 50% or more of landowners vote to be annexed; (IN) Petition of voters or landowners as provided in §43.022, §43.023, §43.024, §43.025, or§43.028 (Subchapter S, LOC) (For the most part these sections require consent or do not affect private property ownersr (H) Area is or was the subject of an industrial district contract (§42.044) or a strategic partnership agreement (§430751); (v) Area Is located in a cotonla; (vq Area Is annexed under §43.026, §43.027, 143.029, or §43.031; (All Area is located inside a dosed military Installation; (vlll) City deteminesannexationIs necessary to protect the area or the city from (A) imnunent destruction of property or injury to persons; or (8) a condition that constitutes a public or private nAanca as defined by background principles of Wearies and property law of this state. (§43.052(h)) (b) Application of exemptions, Sae CHART C for explanations and application of those exemptions. (c) Attempts dcircumvention.Ifacity attemptsto drc umvenItherequirement foran annexation plan by annexing two or more areas desenbed In (a)(i), a resident or landowner may peUtlon the city to include the area in an annexation plan. If city refuses, the petitioner may request arbitration. (d) Three-year delay. An area in an annexation plan may be annexed only on or after + the third anNversary of the dale the area Is placed in the plan, (143.052(c)) (a) Restricted actions. During the time that an area Is included In a plan, a municipal utility district or other special district that will be abolished by the annexation may not without the consent of the city, (i) reduce the tax rate applicable to the area, if the reduction would leave less than 26% of the debt service requiremonts for the following year, (h) voluntarily transfer an asset without consideration; or (iii) enter into a contract for services that extends beyond the three-year annexation plan period, other than a contract with another potiUeal subdivision to operate water, wastewater, and drainage facilities. (§43,052(d)) (f) Removal of ,tram from the annexation plan. There are consequences forramoval of an area fro-t an annexation plan. r r' (1) If an area is removed within the first 18 months of being in the plan, It may not again be Included In the plan until the first anniversary of the date of r removal. Uri oft, OLSON, ►DrUAe, 5RAL LA a LLASI, LLt Peae t 24, G +w+aiuna rG1 rwa Twi 41suv+ww (il) Nan are a h removed after the first 15 months of being in the plan, it may not again be Included In the plan until the second anniversary of the date of removal. (643.052(e)) (g) Written notice. Each time an area is added to of removed from a plan, within U0 days of the addition or removal, the city must give written notice b each: 0) property owner in the area to be annexed; (it) public entity as defined in §43,053, or private entity Ural provides services in the area; and (lit) railroad that serves the city and is on the city's tax roll U the railroad has righl-of•way in the area to be annexed. 1§43.M(n) (h) Internet notice. B the city has an Internet website, the city must (I) post and maintain the posting of its annexation plan and any amendments to the plan on the web site; (it) include an area In the posting until the area Is annexed; and (Ili) include an area In the pooling that has been rammed from the plan untl the date the city may again Include the ores in the plan. (§43.0520)) (4) INVENTORY OF SERVICES AND FACILITIES. ISEE CHART B) For each area iriciuded in an annexation plan, the city must compile a comprehensive inventory of services and facilities provided to the area, directly or by contrsct, by public and prtvate entities, based on the year preceding the dale the area was Included In the plan. I§43053(b) 6 (d)) (a) Information from other entitles. Each public or private entity that provides services or facsltes to requlreo is ,-wideM the ctly with an necessary Infomu5on to compile the Inventory. The city mutI ; , nl the Information from the entitles In the written notice of the annexation plan, 1§43,053(c)) (b) Contents. (i) For infrastructure fullUUes, roads,drainags structures, etc.), thereportmust include: (A) an engineer's report that dosonbes the physical conditfan of ail infrastructure elements In the area; and (8) a summary of expenditures for that infrastructure. (143.053(0)) (Ii) For police, fire, and emergency medical services, the inventory roust r nclude: A (A) the average dispatch and delivery lime; (8) a schedule of equipment, Inciud(ng vehicles; r t TAVLOa, OLeoh, AnxLrS, Slt LLL16 ELk+r, LLI ipe 3 25. J 1 4 Awrwiow FOR ne TRIO MLL"iVY (C) a staffing schedule that discloses the csrllflcaw,r . z'ralning levels of personnel; and (D) a summary of operating and capital expenditures. (§43.053(0) (c) Availability. The Inventory must be complete and available for public Inspection within 60 days after the city receives the Information from the entities. (§43.053(8)) (d) Monitoring services, The city may monitor the services in the area to verify the Inventory Information. (s) ANNEXATION OF AREAS ADJACENT TO STRIPS, (a) A city may not annex an area that is in Is ETJ only because it is contiguous to city territory that Is less than 1,000 feet in width at its narrowest point (§43.0545(a)) (b) A city may not annex an area that Is In its ETJ only beuuse it is contiguous to city temlory that (i) was annexed before Seplember 1, 1999; and (il) waslnthe city's ETJatthe time ofennexatlononybecause the territorywas contiguous to city leritory that was less then 1,000 feet in width at Its narrowest point (§43.0545(b)) (c) Exceptions: The restrictions do not apply to in area If: (i) the area is completely surrounded by territory of one or more cities; (H) the landowners have requested annexation; I the area Is owned by the city; {Iv) the area Is the subject of an Industrial district contract under §42.044; or (v) because of subsequenl annexation, the minimum width of the narrow area Ism longer less than 1,000 feet (§43 0545(c) & (d)) (d) Calculation of 1,000fwLRoads, hlghways,rivers. lakes, or other bodies ofwater are not Included In computing the 1,000 foot dhtance, (1410545(s)) (6) SERVICE PLAN, (SEE CHART D) Significant changes to the service plan provisions Include; (a) Timing for completion of service plan. (i) For art area in en annexstlon plan, 141056(s) provides that the seMce plan must be complete before the Ant day of the 10" month after the month of completion of the inventory of servlaa. However, §43,0560) provides that f the service plan must be made available at the pubtk hearings, and the hearings must be held within 00 days of completion of the inventory of services. (§43.0561(a)) TA nos, Olson, AD04%SRAUA 6 I caw, LL I Pap a 26. i s Ari+Fx~na xon rHe Twgo Mica ill) For an area not in an annexation plan, the service plan must be made avaiebie al the public hearings, (143,0580}, made applicable by §43.065(b)) (b) Timing for services. The plan must provide for fus municipal services in the annexed area no later INrh (rather than 4%) years after the effective date of the annexation unless; (I) certaln services cannot reasonably be provided within that period; and (iq the city proposes a schedule for providing the servfces that extends not longer than 4% years after the effective date ofthe annexation. (§43.056(b)) (c) Immediate services. All services previously listed in the statute plus emergency medical services and the operation of certain facilities, must be provided on the effective date ofannexation(rather than wllhln60days ofamexafion). (§43056(b)) (d) Construction of capltal improvements. Construction of capital improvements must be subeentially completed within 23 years (rather than 4%) of annexation. The pion may be amended to extend this time Keonstruction Is proceeding with sit deliberate speed. (143.066(e)) (e) Full municipal services. In add lion to the former definition of "full municipal services", water and wastewater services are expressly added Ktheseare pro-Mad Inside the city, (§43.058(c)) (f) Ar must i lower eas annexed between December f, 1998 and September f, 1999. The city except that, nc later than B e years after the h effecty dae after of thetan nnnexation,t e municipality may not provide sewer services In the annexed area by means of a package wastewater treatment plant.' (143.056(b)l (9) Levels of services. (I) The service plan may not provide for services in the annexed area In a manner that would reduce the Is-,al of Are, police, and emergency medical services within the city. (141C36(f)(3)) (ii) K the annexed area had a level of services lower than the city, the service p ofsarviceit lan must provide the area with a level of services comparable to the level J densi ss similar tof ftse reasonably fcontemplated or projected In the area. II (§43 C56(g)) (Ili) If the annexed area had a level of services equal to services In the city, the service plan must Matti that same evel of sotMool. 1143 056(g)) (iv) If the annexed area had a level of services superior to the eves of services r in the city, the service pen must provide the era with a level of services comparable to the level of services available in other parts of the ciy with A land uses and population densities slmllartothose reasonably contemplated ` r or prof scled in the area. (143.058(g)) I TAYLOR. OLSO.N, ncru,~s, alULLA 6 Cues, LLP Pape S 27. I~ t A 4XAM r0RT'eTPIFoMiuA"UM (v) If the annexed area had a level of services for maintaining "infrastructure of the Bros Superior 10 the level of services provided within the city, the serrce plan must maintain the Infrastructure of the annexed area at a level of services that Is equal or superior to the level of services previously en)oyed In the annexed area. (§43.056(g)) (h) Disputes. Disputes over levels of serf In Houston are settled by arbitration, In other cities, by mandamus. The city has the burden of proof Ina mandamus action for enforcement of s service plan. (143.056(1)) The courtIs given broad powers of enforcement, Inolud'utg specific performance, refund offees collected, clvit penalties, and assessing costs and attomeys' fees against the city, (§43.0560)) (i) Dlatingulshfng characterlsBcs. A city may provide differing levels of services to an annexed area based on a determEnab'on by the city council that characteristics of topography, land use, and poputatlem density warrant the difference, but disputes over levels of service must be soMed In the same manner described in (h) above. (§43.056(m)) (J) Solid waste collection, A city is not required to provide solid waste collection to a person in an annexed area who continues to use private solid waste collection services. Before the second anniversary of the annexation dam area, the city may Oak (i) prohibit private solid waste collection In the area (no reference to whether private services had been provided before the enrexatlon); or (it) Impose a fee of solid waste 004000M on a person who continual to use private solid waste collection services (this indicates that the person had to have been using it before annexation). (143.056(n) d (o)) (7) HEARING REQUIREMENTS FOR AREAS IN AN ANNEXATION PLAN. (a) Public Hearings. Before a city may Institute annexation proceedings, the city council must conduct two public hearings, at which persons Interested In the annexation are given the opportunity to be heard. (§43, 0561(a)) (b) Time. The hearings must be conducted not later than the Ill after the date the inventory Is available for inspection. See Paragraph (6)(aXl) of this paper for on explanation of the conflict on timing of the availability of the service plan. (§43.0561(a)] (See Chart B) (c) Notice of hearings. The city must post notice of the public hearings on the city's Internet website, if the city has a website, and publish notice In a newspaper of general circulation In the city and In the area proposed for annexation. The notice for each hearing must be published in the newspaper at least once on or after the 20th day, but before the 10th day before the date of each hearing The notice for each hearing must be posted on the city's Internet website on or after the 20" day but before the IV day before vie date 0 (the hearing And must remain posted until r r the date of the hearing. The city must give Witlonal notice by certified mail to A Iii l r", TAI LOR, 0L", ADKI'WS, SKALL1 &I LAM, LLF Psae e 28. c; i "EKA "roc No THM kkutmium ' (i) public entity as de0ned in §43053(a): (III utility service provider that provides services in the area; and (iii) roflroad company Weems the municipality and is on the city's tax rod g the oomparry's r{ghter way is in the area. 1143.0581(c)) (d) Hearing In area to be annexed. K 20 adult residents of the area file a written protest within 10 days alter the date of publication of notice, one of the hearings must be held in the area. if there Is no sultabte site in the area, the hearing maybe held at the nearest suitable public facility. (a) REQUIRED NEGOTIATIONS. (a) After a city or less than 1.6 million completes the hearings on an area, the city is required to negotiate with the property owners and the governing body of any special district (as defined in §43.052) for the peWslon of services after annexation or the prove+on of servfces in 9eu of annexation. (§43,0562(a)) (b) Foe purposes ofnegotlataa,thecommissioners courtoftheCountywlllappolntIlve landowners to negotiate with the city. There are addWonal provisions forareas In more than one county and areas with more than one special district. 1143.0682(b) & (c)) (9) CONTRACTS IN LIEU OF ANNEXATION, (a) City Is authorized to enter Into an agreement. A city is authorized to negotiate and enter into a written agreement with the representatives designated under 143.0562. The agreement is in Neu of annexation and the parties are granted broad authority to include funding of services, permissible land uses. Compliance with airy ordinances. end other terms to which both parties agree that will resolve the dispute. (§43.0563) (b) Arbitratlon. Either party may seek appointment of an arbitrator by written request before the 6011 day after Ov date the service pion Is completed under §43058. Section 43.0584 details the arbitration process. If the city does not agree with the terns of the erbitrafoes deasion, the city's attemadve is not to annex the area before the fifth anniversary of the date of the arbitistor's decision. 1143,05841 (10) PROCEDURES FOR ANNEXATIONS EXEMPT FROM ANNEXATION PLAN, (a) Provisions from Subchapter C that apply to Subchapter C-1. Procedures for exempt annexations are now In Subchapter C•1. Subchapter C•1 makes the following prov it ons from Subchapter C applicable to exempt annexations: ('1) §43,061, reslncong annexations to ETJ unless the city owns the property; (ii) 143, 054, width requirements; (lif) §43 0545, roslnctions on anneWng adjacent to narrow strlps; TArLOa.OLSOn, AOKIS&SaLLLAk EU4, LLf Pop T 29. t. ANNUAnw xca rw1 Tw Ao Lfu.idwuu (iv) §43.055, maximum amount of annual annexation; (v) 643.0565, Houston arbitration provision; (vl) §430567, Houston water and sewer service provision; and (vlt) §43.057, annexation that surrounds an area. (143.082] i (b) Annexation of area containing less than 100 tracts on which one or more residential dwellings are located. (1) This exemption is rot limited to annexations of an area with less than 100 tracts. It applies to an area with any number of tracts so tong as no more than gg of the tracts cxrtarn res;derntlal dwellings. (1I) Written notice of annexation exempt from the annexation plan because it contains less than 100 tracts on which one or more residenfiat dwellings are located on each tract, must be sent before the 300 day before the date of the first hearing, to each: (A propr.rty owner in the area to be annexed; (B~ publl,t entity as defined In §43.053, or pdvate entity that provides soMcIiis In the area; and (C) railroad !hat serves the city and is on the city's tax roll It the railroad has right-of-way in the area to be annexed. 1§43,002(b)) (HI) This exemption is important for tame rule cities which want to annex mostly vacant land. Under this provision they will be able to continue to annex vacant land without consent and witho,il placing the land In an annexation pt", (c) Public Hearings. Before a city may Inseth,te annexation proceedings, the ray council must conduct two public hearings, at which persons interested in the annexation are given the opportunity to be heard (§43.063(a)]: (i) Time. The hearings must be conducted on or after the 40th day and before the 20th day before the dale of the instotut on of the proceedings. (See chart) [§43 063(a)] (it) Institutionofproceedings. The data oflhe'insttutionoftheproceedings' has been established as the date the annexation ordinance is Introduced and passed on first reading. N a City requires only one reading, the proceedings are instituted and completed at the same time, (M) Hearing In proposed area of annexation. H a written protest Is filed by more than 10% of the adu4 residents of the area proposed for annexation within 10 days eRerpubllcation of notice, at least one of the public hearings must be held in the area proposed for annexation. 1§43.063(b)] (iv) Notice of hearings. The City must post notice of the public hearings on the city's Internet webthe, it the city ras a website, and publish notice In a newspaper of go Uroutation In the city and In the area proposed for i annexation. The notice for each hearing must be published In the 4 , newspaper at least once on or after the 20th day, but before the 10th day before the date of each hearing. The notice for each hearing must be T.%1 L oe, 0lrov, AaxLN s, SaAL LA 6 t LAN, L L P Pegs a 30. c I i I I Araew,n 4 F:I rHa Twig RAiulNNNW Posted on the city's Internet websfte on or after the 20" day but before the 10" day before the date of the hearing and must remain posted until the date of the hearing. The city must give additional notice by certified mall to each rall mad that serves the city and is on the city's tax roll If the railroad has right-of-way in that area to be annexed. (§43.063(c)) (d) Deadline For Completion of Annexation. The annexation of an area must be completed within 90 days after the date the city council institutes the annexation proceedings. (143.064(a)) The Institution of the proceedings Is the dale the annexation ordinance is passed on first reading. For a city that requires only one reading of ordinances, this provision Is insignificant (11) DISANNEXATION. Section 43.148 Is added to require refunds of taxes and fees to property owners 0 an area Is disannexed, Section 43.141 Is amended to extend the wailing period from 5 yetrs to 10 years for again annextrig a disannexed area. (12) SCHOOL DISTRICTS. (a) The city must provide the written notice to all school districts located In an area to be annexed within the period ppreserbed for pubtishrng notice or the first public hearing. The notice must inducts any Ii impact on the distinct that may result from the annexation and the city's proposal to limit the effects of that financial impact (b) A city that has annexed any portion of a school district containing a school facility between December 1, 1996 and September 1, 1999: (i) shall grant a variance from the city's building code for that facility If the facility does not compty with the code; and (ti) may charge the district for utility services at the same rate that the district was paying before the annexation or a lower municipal rate, and the rate is effective until the first day of the district's fiscal year that begins after the 90" day after the effective date of the annexation. (143.908(a)) (13) VOTING RIGHTS MATTERS. (a) City's are required to submit annexations to the Justice Department for preclearance not laler than the 90" day before the effective date of rte annexation or" earliest data permitted under federal law, (§43,905) (b) After the city receives precearance, persons residing Ina newlyannexed area must be allowed to vote notwithstanding 278.006 of the Election Code. (14) TRANSITION. (SEE TRANSITION TABLE) (a) Adoption of plan required. The law takes erect September 1, 1999. Each city is required 10 adopt in annexation plan on or before December 31, 1999, that r becomes effective December 31, 1999, For cities which have no ssibility of annexation, such as landlocked cities, this requirement seems superfluous. Many A cibes w ll',ave a one page plan stating that they do not Intend loannex any area for which an annexation plan Is required. TA AM, 0 LSON, ADxrv S, S IULLA & [ LAN, LLI pogo a 31. i I i l ~I AN+W riot ►OR trd Tn Re lllL~f.Xrll (b) Annexation of nonexempt areas during first three years. Between December 31, 1999, and December 31. 2002, a dty may continue to annex any nonaxompi area that is not Included in the annexation plsn, and the fomyr low is continued effect for that purpose; except, that certain new provisions do apply during that period N the first hesrtrp Is on or after September 1, 1099. See Transition T04. (c) Area exempt from an ennexat'on plan. In areas exempt from the annexation plan, N the notice of the first hear, ~j required by 143.003 Is published on or after Sep(amber 1, 1M, certain neu provisions apply. (d) Retroactive Provisions. There are three retroactive provisions In the bIll. p) Section 43.050(b) requires sewer service within 2% years In an area annexed after December 1. 1006 but before September 1,1999. After Ave years the city may not provide the sewer services by pedusge treatment plant (A) Section 43.0712, retst4V to irnalldstion of an annexation of a ,pedal distrkt, applies lo an annaxation that occurs before, on, after the effective date of the new law. (Sea Section 17(g) of the boll.) (iw) Secton 43.900(s) provides that a dy that annexed any portion of a school district eantaln a school fscMty between December , 1990 and September 1,19 must grant a varlance to the building code and adjust unity charges as described In Paragraph (12) above. r TAYLOR. OLSON. ADKP% 5 RALtA 4 CLAN, L Ll' Pop to 32. c. c ' CHART A GRANDFATHERED USES §13.004 _ The use existed on City cannot prohib,t date proceedings use of land IF: were instituted and was legal at 1 the time. W The use was Some governmental planned before the approval was Complete application -io 90th day before the required for the filed before the date in- effective date of the planned use. nexation Is Instituted. annexation IF: I Application is complete if it contains all documents and Information listed in notice to the applicant from the governmental entity. 7AVLOA, noun, Aown, Smw S EuM, LLP r CHARTS L ANNEXATION PLAN j AND INVENTORY OF SERVICES DATEI foil ORIGINAL ANN[xAnoti PLAN 12131192 3129M 12131100 12131101 12131102 01131!03 S 90 days after wm790daysamar womb0dayssiter iv"90uayaaner 131daya&Mar ad Ion of an notice to enl It s& rece of info. release of invent3rd alNVerearyti Lsat day to give Entitles must City must Cky must 3rd anniver- written notice of provide elly In- make hold both a"ofdate plan to. ventory info(- U11mm headings. At o irv.4 { (1) landowners In motion unless which d aria: dly and entity service plan play. (2) poblk or prl- agree on ex- is made the plan. vase enlWes that tension. ave9able. provide serv.as In 1 the area; and (3)WroadsIn tho rforaervkepfanresume- Last day to b area. !1111nfa, see Chart A. complete an. nexellon, otherwise Cities must have com- Notice to public 6 Lilies may amend the plan at any time to add areas for may not an- plated an annexagon private entities must annexation on the 3rd amiveraery of the amendment, nsx area 1o( plan, effective this date, request Information Tlnlelines apply to amendments. b years. yt which identifies areas to for inventory of set- 01 annexed on e 3rd vices anniversary of the plan. Cities with websites must malntaln a posting of the annexation plan and amendments to the plan on the website. TAV LON r O t.&^ A brans, 5RALtA 6 E(AM, LLP t CRA RT C Annexations Exempt from Annexation Plan M , ~ r',tKtloe n Yxroee W e tust4ei~etMslext t , a1 s Qirxal+it k net t eh, a s a 7. v' T Area contains Imthan l00tredadWdonwhich on• Mother Hotw Hotwr or rot re"m willhoul coonteenttld dwetihga we based on each trail • uthodly #Asla authority exfsta aulhOriy •udata AppMse 50°A or mar. d landawrwn vole to be annexed, NOW H other d otw Applies aulhoriy 440M autnr4 @&- nshaily •xwl May annex after approval of an election called in accordance with a city curler, h Ow d ty and In the sea. Data rot apply Does not Apply Data Anil apply Apples §43.022 W abtants of see pottlon ay for slodon in M arse an If populet on Is H popurlatlon Is HpopWatlap is queatlon of annexaibn, and It N approved at tw electlan. §4 .023 5,000 or moan 5,000 or more 5,000 or more Dote not apply Ara Is % Mk or If.%in width, ma iy dvows in sea vale In favor, and 3 voles tls atfidavil with mayor Applies Does rot apply Does not apply Does not Apply 143024 May annex sea that witl not enlarge ply beyond "is deSxlbed In 65 901, d majority d Valera h sea vole in Dote not apply Apples Does pal apply Does not apply favor sd 3 voero tie 01davlt enri mayor. §43025 May Annex an area NN the dry owns. §43.028 Apptee Does not apply Does not apply Does not apply May annex a navlgabe stream §43,021 Applies Apples Appee Does not apply Upon pWon of lard owners, may amea soon ipuansa A mile or lots Vh width, fist is vacant or has em tan 3 Apples Apptea Applies Applies resident vobrs. §43.028 very smell bradieled dus may annex see upon petitlon of sdiod dOrld. 143 029 kdee Appl ea Applies Does riot p* Adjacent cites may exchange aesadlots tan 1000 feet in width §43.031 Awes Applies Applies Applies Area is or *at Subject of an iMuNnal datrid contract or a AFde ADes Apples Appes strNegic partnership agreernent §42 0" or §4.0751 keg located in a colonic Hodar If of w "DOW AOdes uhaily We soles ty exists utharly, exisit Area A loafed inside a closed Mlltary inNalldon, 110 her Now H ataf App roe utraiy SAlas autorily 4XIN1 uturty 6x131! Oty deteimnee annexatbn is necessary to proled ho area or the sty tMn in "nil deairoction of property or injury to per*,ne or tram a cond5w tal oars t al a If Dew $at* ff at#( v' oublic or Apr -ate nuisance so dtllnsd by background suthon'lyexist ulhopy aAste sulhorilyexiaU Applies 4 u p 11-I trr1 d,7uunccs and prop" last tf lhie stow, ~ TAYLOR, OLSO,-4,YOaavs, SRALU & ELAm, LLP 35. C e 14 f ~j p ti 1 J CHART D 3 SERVICE PLAN FOR /AREAS IN AN ANNEXATION PLAN we 60 dap slier a o tat dry of 101h recelpl of kr #ivr month aAer monlh of Oo amecllve date 2% years after eRecuve IN years Mar effective Inromutbn, complelgnorlnvereory of annexation data ofenMxalkln Moofennexetion rte city must City muff If city provides any of the Full f Y cite services in City muss provide complete complete following services In the city, annexed sees by INs tug services. Plan j Inventory service a must Immediately provide dale, unless services may be amended d to ; r and make A plan by this them In the annexed area: cannot reasonably extend tirne It available to date. be provided within construction Is the public §43 056 (1) police protection; this period. and city with ol (2) two protection; Procesding pos proposes schedule deilbeeete speed, . (3) emergency medical; to complete In 4A 0) o" (4) solid waste collection,' yeah, - (6) operation and mahto- Note: §43O56ireQuiras nanoeol that hearings be comple te by (s) water and wsslewaler J 90th day after Inventory is ( lab) psft; available to public, 643.0560) (b) hen requires service plan be (e) other .y owned In area annexed offer 1I M111111111 oval tsbte at public hea facility or service. ~a 1 baron "Mil" city muss It appears that We 9 months provide sewer service by this for oompMon of service plan schedule, except, m tater than Is In conflict with §43.0661, 6 yeas after the affeclive date aExeept to persons who ooM nw to use prNaN of arvtexogon, city mey hot provide solid waste collection services. sewer at means package wastewater treatment pit" i TAI M14, Onus, ADkise, SRALIA d, Lessr, LLP c • /I yam, y(1 %NS1110N TABLE .,✓~~ot~tTet'tnaTp~t~oyleaitir~I~ca xlHdu~teenwTH~rRON~lonbaerarar►r . AMMW710MOFAaWNOTMAWICiATxllltXJ11F ` a ~'V ~AiiWNOTEXEMPT ~ t ARWRmwi % pMENDMENTa a y FR0MAr4NMTI0N 6/1651011 12/31M M01213 M • NE.V WG I! i IX { r ? 1 Fin NEARNO a 3 Qt3N OR TEROGAb9~ baaF¢AOOGI4P }13.0225 Annexation of noncmdlguous area 1 ✓ x owned by Gly 3 13.002 Grandfalbered was 2 ✓ ✓ Subch. C Changes title of Subchapter C to apply to areas annexed under an annexation plan 3 x x 143.052 Requires annexation plan 4 x x }43.053 Requires Inventory of services x x 143 054 Removes Houton ham restriction on narrow stlpq 5 ✓ ✓ 143.0545 Annexing adJaoent to narrow strips 0 ✓ ✓ 143,0540 Howslon provision on nsnaw strips 6 ✓ ✓ 143,056(x) Time for complel!on of amrvice plan 7 x x 143 056(b)' Tlme for providing futl municipal T ✓ ✓ services 143 056(c) Defihlllon 01 full municipal services 7 a/ ✓ 143 056(0) Time for acquisition or construction of 7 ✓ ✓ Caput Improvements J43050(0 Restrictiura on provisions In service T ✓ ✓ plan ;43 056(0) Levels of service In annexed area 143.050(1) Enfdreemerl of service plan by residents or land owners by arbilrellon In Houston and by mandemus in other 1 ✓ tI cities 143 056(m) Disputes over different Nvels of f ' servrnces 7 ✓ ✓ 4 Taylor, Olson, Adkins, Stalls A Elam, LLP 37. 1 1 c TRAN91TION TABLE rt:3~f~;?~'!'+I~1tZ71CA'T>~TI~IIT~EIEy}E0,4MIf~1/1~M1100 ~410rCAT0iTFNTTFrFFROV~IQI~j0000+NCTAP11tY ~if+ Yyd7+f r?•b'~ AIWa1l I M OF A"M Matt WAMMIDIANiM PWr .+~t~ r i'pMp _'y;JlFA0l77GINT AMENDMENTOr p FROAi TYOf~jRAM"'l FRtMfAWAYATION it a, r.f'I 1 A10 1i .WCN PW1F THE t° y? ,r"'na rr I 'r aiaM 12/Stl//AN01~/3tr112 HEARM6Is 4!p h • i 'ttikj 1r~iv IFrNEM"bn y PLOLMIEOONOR G.1? r o~*y °}r,+~'"" r K,A f Od10MltOlt f~, GW01196 ' 643 056(n) Conlfnued "MC* by prlvele soot 7 ✓ ✓ waste collection servke Provider {13.056(0) City not required to provide Warn IF ~ ✓ solid waste Collection 143,0561 Hearing requlremenls for annexations 6 x 611 under an annexsl on plan 143.0562 Required nogolistions vAIh lard 6 x x own one and dIWdj }43,0563 Adho t2atlon for contracll, In 0eu of annexallon for Chios 011her than 6 x Houston 1431564 Arbitration rsgart ino negotiations for 6 Itt eenkes $430565 Houston Provision on enforcement of 6 ✓ ✓ service plan 6430712• Involldolion of annexatlon ofspedsl 10 ✓ ✓ dlslrlct 143,0751 StrafeglcporlnerswoAgroemeM3 11 ✓ x {43 0752 Arbilraiion of stralegic psnnenh)p 12 x x agreements 643121(s) AWopiting Certain home rote Was to 13 ✓ ✓ annex for hmIW purposes }43,141(0) Limaatloo on snnerdrq dlssnnexsd 14 ✓ ✓ areas 643.146 Rerund of faxes and fees to 15 ✓ ✓ droannexed areas 143005 NOIPCe to ach001 QlatnCts 16 ✓ ✓ 143.006 voting OOHS mahers aher annuutlon 16 ✓ ✓ , 0643 056(b) requIf*$ sewer servks In area annexed between 11101/96 end 00x01100. '•643 0712 opplles to an annexation NN occurs before or after 0010149. 1 " Taylor, Otaon, AdIdes, Srdle & ElAm LLP 38, c ' f PROPOSED LEGISLATION 1999 May Not Annex Fxtretwr(torial (in the ETJ only beaus it Is Judsdit tlon Cooguous to territory that was annexed Wore 9/1M only beaus ~ R was contlQuous to a narrow strip) May Annexal Mny Annex M May An' (Area is completely wrrounded by the city) R•quW t NNghbors LAKE CITY May Not Annex (Wu does not count May Annex + towed 1000 feed (Area Is owned by the city) May Not Annex i (Unlouous to s narrow svp) clty owned Landfill Clty Owned Alrport May Or May Not Be Able To Annex (0epondinQ upon whom the alrport was annexed) / 39, i I it it EXHIBIT C l ~ I E I ~NN~X~TLON: RS OAQ,TOMANDTOMOAAOW ferrence S. Welch Bickersfoff, Heath, Smiley, Pollan, Kever & McOoniel, I.I.P. 1717 Main Sfreet, Suite 3000 Dallas, texas 75201 ( 214.752.8021 214.753.0200 fax fwelch@bickerslaff com i I MOT DIYTLOPMUT1 IN LAND U% LAW ~ iARltlbS ABD 14991l61tilAil9d i Noded by 9enrum iilchrBl A IRIV NARGdN 1000118 Soplembe t4, 1999 Wed;n 6oNeria xoIJ 00110,, faos 40, t INTRODUCTION Prior to 1963, a Texas municipality could annex territory up to the corporate boundaries of another municipality. Since courts adhered to the "first in time, first in right" rule that the first to commence annexation or incorporation proceedings was entitled to complete and relate the whole action back to the date of the commencement of the actions, contests often resulted between an area attempting to incorporate and a city racing to annex that area prior to the initiation of incorporation proceedings. The Legislature, recognizing the havoc that was being created by such races, enacted the Municipal Annexation Act, Tex.Rev.Civ.Stal.Ann. art. 970a, in 1963. In addition to statutorily regulat ng annexation activities, the Municipal Annexation Act created the concept ofextraterritorial jurisdiction ("ET)" Since that time, disputes between municipalities and landowners regarding annexation and the ability of cities to regulate certain activities within the ET) have become commonplace. These disputes have churned significant activity in the Texas Legislature. In the 75th Session of the Texas Legislature, approximately 70 annexation or annexation-related bills were introduced. While no significant changes in the state's annexation scheme were accomplished through the handful of bills that were passed in the 75th Legislative Session, the 77th Legislature dramatically altered the ability of municipalities to annex property. Senate Bill No. 89, effective September 1, 1999, has completely changed the annexation landscape. Now municipalities that annex territory { do so at their own peril since the ambiguity in the new legislation no doubt will result in a plethora of lawsuits, This article seeks toprovide an overview of the pre-Sept; mber I annexation law aswell as the new annexation law, including such topics as annexation, disaimexation and the time frames h and other requirements mandated by state law to annex territory. 2. TEXAS ANNEXATION LAW A. The Municipal Annexation Act and the Creatlon orthe ETJ Chapters 42 and 43 of the Texas Local Govemnrent Code comprise the current version of the Municipal Annexation Act, originally enacted in 1963, which governs the ability of municipalities to annex property and which created the ET) concept. Cilvof Bridge Citvv. Citvof Pon Arthur, 792 S.NUd 217,230 (Tex.App.•Beaumont 1990, writ denied). Section 43.051 of the Municipal Annexation Act provides that" [a] municipality may annex area only in its extraterritorial jurisdiction unless the municipality owns the area," Tex, Local Gov't Code § 43.051. Section 42.023 states that (t]he extraterritorial jurisdiction of a municipality may not be reduced unless the e governing body of the municipality gives its written consent by ordinance or f 1 x. resolution, except in cases orjudicial apportionment ofoverlapping extraterritorial ( jurisdiction under Sec. 42.901. Tex Local Gov't Code § 43.023, 41. Texas case law consistently has held that an ordinance that attempts to annex territory within the ETJ or municipal boundaries of another city is void. 5= City of Waco Y. City of McGregor, 523 S.W.2d 649, 653 (Tex. 1975); Village of Crecdmoor Y. Frost Nat'l Bank, 808 S.W.2d 617, 620 (Tex.App: Austin 1991, writ denied); City of Bridge City, 792 S.W.2d at 230; Friendship Village v3=, 738 S.W.1d 12,14 (Tex, App: Texarkana 1987, writ ref 'd n.r.e.); City of ii oustony. Savely, 708 S.W.2d 879,887 (Tex.App.-Houston [1st Dist.] 1986, writ refd mce.), cert. denied, 482 U.S. 928 (1987); Citvof Wesl Oran_ee v. City ofOrange, 598 S. W.2d 387,390 (Tex.Civ,App. -Beaumont 1980), rev'd on other grounds, 613 S.W.2d 236 (Tex. 1981); City of Duncanville v. City of Woodland Hills, 484 S.W.2d 111, 113 (Tex.Civ.App.-Waco 1972, writ ref d n.r.e.). Indeed, the attempted annexation of land within another municipality's F.TJ is unlawful, void and of no effect ab initio. See^e,g„ Village of Creedmoor, 808 S.W.2d at 621. Even a challenge to an illegal and void annexation, however, must be timely brought within two years or the illegal annexation, in essence, will be validated. This proposition was recently established by the Supreme Court in OverMu v.OtyofParke r,932S.W.2d479(Tex.1996). In that case, the city of Parker admittedly annexed 14 acres located within the City of Murphy's ETJ. Murphy did not discover the ETJ encroachment until over four years later, however, at which time it filed suit against Parker seeking a declaratory judgment that the annexation of the disputed property by Parker was void from its inception, City of Murphv, 932 S.W,2d at 480. The Supreme Court, while recognizing the general rule that a city cannot annex land in another city's ETJ without that city's consent, nevertheless determined that § 43.901 of the Local Government Code acted as a statute of limitations barring Murphy's suit, Section 43.901 provides that [a] municipal ordinance definingboundaries oforannexing area to a municipality is conclusively presumed to have been adopted with the consent of all appropriate personsiG (1) two years have expired after the date of the adoption orthe ordinance; and (2) an action to annul or review the adoption of the ordinance has not been initiated in that two year period. Tex.Local Gov't Code § 43.901. The Court appeared to rely upon a policy argument stressing settled expectations and reliance interests. In § 43.901, the Legislature has recognized the need for certainty in municipal boundaries. After annexing land, a municipality must provide services to the area, including police and fire protection, trash collection, and maintenance of roads, streets, water facilities, parks and playgrounds. Tex.Local Gov't Code § 43,056(b). Residents depend on, and pay taxes for, these vital services. To invalidate a municipal annexation long after a city establishes the services would create confusion and hardship for the residents. The Legislature has directed that at a certain point in time, defects in an annexation must yield to the interests of stability. The statute conclusi vcly presumes that after two years, al l required consent loan annexation was given. thus all challenges based on lack of actual consent are barred. City of hiurflhv, 932 S.W.2d at 482, 42, t e B. Municipal Boundaries 1. Section 41.001 • Map of Municipal Boundarles and Extraterritorial Jurisdiction (a) Each municipality shallprepareamapthatshows theboundariesof themunicipality and of its extraterritorial jurisdiction. A copy of the map shall be kept in the office of the secretary or clerk of the municipality. If the municipality has a municipal engineer, a copy of the map shall also be kept in the office of the engineer. (b) If the municipality annexes territory, the map shall be immediately corrected to include the annexed territory. The map shall be annotated to Indicate: (1) the date of annexation; (2) the number of the annexation ordinance, if any; and (3) a reference to the minutes or municipal ordinance records in which the ordinance is recorded in full. (c) If the municipality's extratertiloriaIjurisdiclion is expanded or reduced, the map shall be immediately corrected to indicate the change in the municipality's extraterritorial / jurisdiction. The map shall be annotated to indicate: l (1) the date the municipality's extraterritorial jurisdiction was changed; (2) the number of the ordinance or resolution, if any, by which the change was made; and (3) a reference to the minutes or municipal ordinance or resolution records in which the ordinance or resolution is recorded in full, Tex.Local Gov't Code § 41.001. 2. Section 41.003 - Inclusion of Area Receiving Longstanding Treatment as Part of Municipality (a) The governing body ofsmunicipality may adopt an ordinance to declare anarcathat is adjacent to the municipality and that meets the requirements of Subsection (b) to be a part of the municipality. The adoption of the ordinance creates an irrebuttable presumption that the area Is a part of the municipality for all purposes. The presumption may not be contested for any cause after the effective date of the i ordinance. A c (b) An area qualifies for inclusion in a municipality under this section only if, on the date of the adoption of the ordinance. 43. t t. 6 (1) the records of the municipality indicate that the area has been a part of the municipality for at least the prectding 20 years; (2) the municipalityhas provided municipal services, including police protection, to the area and has otherwise treated the area as a pail of the municipality during the preceding 20 years; (3) there has notbeenafinaljudicialdetermination during the preceding 20years that the area is outside the boundaries of the municipality; and (4) there is no pending lawsuit that challenges the inclusion of th^, area as part of the municipality. (c) The date on which an area that is made a part of a municipality under thi% section is considered to be a pact of the municipality is retroactive to the date ~.n which the municipality began its continuous treatment of the area as part of the municipality. That date shall be used for all relevant purposes, including a determination of whct9er territory allegedly annexed by the municipality was adjacent to the municipality at the time of the purported annexation. Tex Local Gov't Code 4 41.003. Case Law and Alscusslon. As a threshold matter, before a municipality may consider the annexation of property into the city, it is Imperative that the city accurately determine its corporate boundaries and the limits of its ETJ. Section 41.001 requires that each city maintain an official map of its city limits which, after each annexation, is updated to show I the newly annexed area, the date of annexation, the ordinance number, and a reference to the minutes or ordinance records in which the ordinance is recorded. Further, Section 41.001 requires that if a municipality's ETJ is expanded or reduced, the offici al map must be revised to indicate the change in the city's ETJ, In a perfect world, all municipal incorporations would result in a survey that forms the creation of an official city map, which city map would have been checked for completeness and closure and recorded in the minutes of the municipality and the real property records of [Ile countyorcounties inwhichthecity lies. Additionally, in aperfecl world, all annexations would have been precisely dclerm ined with field notes or other legal descriptions that would allow the official city map to be amended to reflect the new corporate city limits, as well as the extent of the city's newly expanded ETL Of course, very few cities operate In a perfect world and, as a result, it is the author's experience that many times uncertainty may exist as to the exact location of municipal boundaries, and the exact extent or a municipality's ETJ. r One possible avenue to eliminate such uncertainty is the use of 4 41.003, if the property e quali fees under 4 41.003, the adoption of the ordinance declaring the area to be part of the / municipality creates an irrebuttable presumption that the area is part of the municipality. If the area does not quali fy under 4 41.003, the city, nevertheless, may want to consider passing an ordinance defining its municipal boundaries. Because of the holding in City of Murnhv. 44. i R previously discussed in this article, if no suit is filed within two years challenging the ordinance defining the city's boundaries, the boundaries will be conclusively presumed to have been adopted with the consent of all appropriate persons, including those individuals whose property is included within the city by virtue of the ordinance defining the municipality's boundaries.. C. Provisions Regarding the ETJ 1. Section 42.021- Extent of Extraterritorial Jurisdiction. I The extraterritorialjmisdictioncif &rnunicipality is the unincorporated area that ix contiguous to the corporate Lsuadades of the municipality and that is located; (1) within one-half mile of those boundaries, in the case of a municipality with fewer than 5,000 inhabitants; (2) within one mile of those boundaries, in the case of a municipality with 5,000 I to 24,999 inhabitants; (3) within two miles of those boundaries, in the case of a municipality with 25,000 to 49,999 inhabitants; (4) within 31/1 miles of those boundaries, in the case of a municipality with 50,000 to 99,999 inhabitants; or (5) within five miles of those boundaries, in the case of a municipality with 100,000 or more IrLhabitants. Tex.Local Gov't Code § 42.021. I 2. Section 42.022 - Expansion of Extraterritorial Jurisdiction. (a) When a municipality annexes an area, the extraterritorial Jurisdiction of the municipality expands with the annexation to comprise, consistent with Section 42.021, the area around the new municipal boundaries. (b) The extraterritorial jurisdiction of a municipality may expand beyond the distance limitations imposedby Section42.021 to include an areacontiguous to the otherwise existing extraterritorialj urisdiction of the municipality if the owner of the area request the expansion. (c) The expansion of the extraterritorial jurisdiction of a municipality through annexation, request, or increase in the number of Inhabitants may not include l ' any area in the existing extraterritorial jurisdiction of another municipality. Tcx.Locai Gov't Code 142.022. 45. ` t Case Law and Discussion. In City of Murphy, previously discussed in this article, the Texas Supreme Court addressed the City of Murphy's argument that the City of Parker had not established that its population was sufficient, under § 42.021, to expand Parker's ETJ into the area in question. In rejecting this argument, the Court noted that § 42.022(b) allowed Parker's ED to expand by request of landowners beyond the ETJ provided to the city by virtue of the city's population. Ale reject Murphy's argument that Parker failed to establish that it could have extended its ETJ by Murphy's consent to include the disputed land. Murphy contends that Parker was not entitled to summary judgment on this issue because it did not present any evidence of its population of the time at its annexation. But Murphy erroneously assumes that Parker's ETJ could have expanded only by operation of law based on the city's population. A city's ETJ may also expand by request of the land's owners. Tex.Local Gov't Code § 43.022(b). Here, the summary judgment evidence reveals that the landowners in question asked Parker to annex their land. This request would have been sufficient to permit Parker to expand its ETJ under § 42.022. . ily of MWJy, 932 S.W.2d at $42. fl 3. Section 42.023 • Reduction of Extraterritorial Jurisdiction. The extraterritorial jurisdiction of a municipality may not be reduced unless the governing body of the municipality gives its written consent by ordinance or j resolution, except in cases of judicial apportionment of overlapping extraterritorial jurisdictions under Section 42.901. Tex Local Gov't Code § 42.023. Case Law and Discussion, A city created out of the relinquishment of anothercity's ETJ had no ETJ of its off n -Ahcre its corporate boundaries adjoined the other city's ETJ. Bridge City, 792 S.W.2d at 230. In City of Pasadena y. City of Houston, 442 SAV.2d 325, 329 (Tex. 1969), the Texas Supreme Court held that where a Houston ordinance purporting to annex property (which the City of Pasadena had subsequently annexed by later ordinances) was notcompleted within ninety daysof the passage of the Municipal Annexation Act, the Houston ordinance was void, notwithstanding that the agrecdjudgement reached between Houston and Pasadena before passage of the Act that gave Houston exclusive jurisdiction to annex the property. 46. c a E D. Provisions Regarding Annexation Authority by Home-Rule Cities 1. Section 43.021-Authority of Home-Rule Municipality to Annex Area and Take Other Actions Regarding Boundaries. A home-rule municipality may take the following actions according to rules as may be provided by the charter of the municipality and not inconsistent with the procedural rules of this chapter: (a) fix the boundad-• of the municipality; (b) extend the boundaries of the municipality and annex area adjacent to it; and (c) exchange area with other municipalities. Tex.Local Gov't Code § 43.021. Case Lois, and Discussion, A city cannot legally annex land that is not adjacent to its city limits. The question of adjacency of an area is a question of law. The Supreme Court has held that adjacent means "contiguous" and in the n:ighoorhood of or in the vicinity of a municipality. SggCity ofWichita Falls v Voetsberger,533 S.W.2d 927, 929-30 (Tex. 1976); City of Arlington v. City of Grand Prairi e, 451 S.W.2d 284, 287 (Tex.Civ.App: Fort Worth 1970, writ refd n.r.e.). Land included in an annexation ordinance that has been adopted by a city only on the tint reading of an ordinance requiring two readings is not yet part of that city. City of Irving v. Callaway, 363 S.W.2d 832, 836 (Tex.Civ.App -Dallas 1962, writ refd nx.e.). I , The Supreme Court in 3M,erv, Templeton, 212 S.W.2d 134,138 (Tex. 1943), held that the city that first commences legal proceedings asserting authority over a territory thereby acquires jurisdiction which cannot thereafter be defeated by another city later trying to assert jurisdiction over such area. When strip annexations arc involved, the courts have based their decisions on the issue of "controlling adjacency, which rests upon the disproportionate touching of the respective city boundaries, and not upon the size, shape or character of the strips of land in question in relation to the cities involved. $gg City of Pasadena, 442 SV.2d at 328; City of Irving r Dallas County Flood Control Dist, 383 S.W.2d 571, 576-77 (Tex. 1964). 2. Section 43.022 - Voter Approval of Annexation by Home-Rule Municipallly Required Under Certain Circumstances. i (a) If, under its charter,the govemingbodyof ahome-rule municipality initiates A erorders an election to submit to the qualified voters of the municipality the l question of annexing an adjacent area, the governing body shall at the same ( time order an election to be held at a convenient location in the municipality to submit the question to the qualified voters of that area, 41. i t'= t it 9 (b) The election order must: (1) provide for separate elections for the voters of the municipality and for the voters of the area; (2) be issued in the manner provided for other municipal elections; (3) describe the area by metes and bounds; and, 4 (4) provide for voting for or against the proposition: "The annexation of additional area, the assumption by the municipality of all bonded indebtedness and flat rates on the area and due to an irrigation district, water improvement district, or water control and improvement district, and the levy and collection of a tax on all property in the municipality sufficient to pay off and discharge the bonded indebtedness and flat rates." (c) Public notice of the election mustbe given in the mannerprovided forother municipal elections. (d) If, at the elections, a majority of the qualified voters of the municipality and a majority of the qualified voters of the area each approve the question, the municipality assumes all the bonded indebtedness and flat rates on the annexed area and due to the irrigation district, water improvement district, or water control and improvement district. The municipality shall pay, from the date of the annexation and out of the taxes collected on the area, the bonded indebtedness and the flat rates owed to the special district as they become due and payable. The municipality may not collect any taxes due to the municipality from a property owner of the area until the municipality pays the bonded indebtedness and the flat rates for the current year that they become due and payable and presents to the property owner the receipt for the payment. (e) If the question is not approved as required by Subsection (d), the area may not be annexed. (f) This section does not affect a charter provision prodding for annexation of area by ordinance in a home-rule municipality with a population of more than 100,000. This section grants additional power to the municipality and is cumulative of the municipal charter. I ex. Local Gov't Code § 43.022. 4 Case Law and Discussion. This section is only applicable when a city undertakes ( to annex territory lying within a water improvement district or other districts referenced in the section. It has no effect upon a charter provision adopted under the 48. L m home-rule amendment for annexing territory that does not lie within a water improvement district or a district of a similar nature. Turner v. City of Beaumont, 197 S.W.2d 114, 118 (Tex.Civ.App: Beaumont 1946, writ refd n.r.e.). E. Provisions Regarding Annexation Authority by General-Lew Cities 1. Section 43.023 - Authority of General-Law Municipality with Population of More Than 5,000 to Annex Area on Petition and Election of Area Voters. (a) Ageneml-law municipality with apopulation of morethan 5,000 may annex, as provided by this section, an area that is contiguous to the municipality and that is not more than one mile in width. (b) The inhabitants ofthe area may petition the municipality to order an election in the area at which the qualified voters of the area may vote on the question of whether the area should become part of the municipality. The petition must: (1) describe the area by metes and bounds; (2) be accompanied by a plat of the area; (3) be signed by 100, or more, or by a majority of the qualified voters of the area; and (4) be filed with the secretary or clerk of the municipality. (c) ARer the petition is fried, the governing body of the municipality by ordinance may order the election. In the ordinance, the governing body shall specify the date of the election and each voting place, appoint the election officers, and prescribe the form of the ballot. (d) Notice of the election must be given by posting a copy of the ordinance, certified by the secretary or clerk of the municipality in three public places in the area for the 10 days before the date of election. The notice must be published as required by Chapter 4, Election Code. I (e) The election must be held in the manner prescribed for general municipal elections. The municipality shall pay the cost of the election. (f) The governing body, by an order entered in its minutes, shall declare the election result. The order is conclusive of the municipality's authority to A, t. annex the area, if the result of the election establishes that a majority are in favor of becoming part of the municipality, the governing body by ordinance may annex the area. I 49. { (g) On the effective date of the ordinance, the area becomes a part of the municipality and the inhabitants of the area are entitled to the rights and privileges of the other citizens of the municipality and are bound by the acts and ordinances adopted by the municipality. (h) To contest an annexation proceeding held under this section, a contestant must file written notice and a written statement of the grounds for the contest with the secretary or clerk of the municipality within 60 days after the effective date orthe ordinance annexing the area. If a contest is not filed in that manner before the expiration of that period, it is conclusively presumed that the election and the results of the election are valid, final, and binding on all courts. Tex.Local Gov't Code § 43.023. Case Law and Discussion. The Municipal Annexation Act did not change the pre-existing statutory annexation powers of home rule and general law cities that existed prior to the enactment of the Act in 1963. Under this section, general law cities must obtain the consent of a majority of the qualified voters inhabiting the annexed area. In Sitton Y. City of Lindale, 455 S.W.2d 939, 941 (Tex. 1970), an annexation under this section without the consent of the inhabitants of the annexed area was determined to be void. See a Universal City v City of Selma, 514 S.W,2d 64, 71.73 (Tex.Civ.App.-N51aco 1934, no writ). The Legislature has repeatedly required the extension of any municipal boundary to be limited to "contiguous and adjacent area, "territory joining the limits of any city," "additional territory lying adjacent to said city, "'the adjacent territory desired to be annexed," i or "the territory contiguous to said city and proposed to be annexed." City of Westlake Hills v. City of Austin, 466 S.W.2d 722, 729 (Tex. 1971). 2. Section 43.024-Authority of TypeAGeneral-Law NfunicipatityloAnnex Area on Request of Area Voters. (a) This section applies only to the annexation of an area that: (1) is one-half mile or less in width; and (2) is contiguous to a Type A general-law municipality, (b) If a majority of the qualified voters of the area vote in favor of becoming a part of the municipality, any three of those voters may prepare an affidavit to the fact of the vote and rile the affidavit with the mayor of the municipality, i (c) The mayor shall certify the filed affidavit to the governing body of the municipality. On receipt of the certified affidavit, the governing body by v ordinance may annex the area. 50. i i t ~ t I 1 Y { (d) On the effective date of the ordinance, the area becomes a part of the municipality and the inhabitants of the area are entitled to the rights and privileges of other citizens of the municipality and are bound by the acts and ordinances adopted by the municipality. Tex.Local Gov't Code § 43.024. Case Law and Discussion. The vote does not have to be by ballot; it can be by any method satisfactory to qualified voters and the city council, fg, by ! proper affidavit showing that a majority of voters in the area of the proposed annexation favored it. Universal City v. City of Selma, 514 S.W.2d 64 (Tex.Civ.App.-Waco 1974, writ refd n.r.e.). See also State ex rel. McWilliams v Town of Oak Point, 579 S.W,2d 460, 462 (Tex. 1979). The affidavit has to state affirmatively that the signers of the petition for annexation constituted a majority of the inhabitants for the territory then qualified to vote for members of the Legislature, and that the signers are a majority of the owners of all realty within the territory. Town of MKalb v. King, '71 S.W.2d 299, 302 (Tex.Civ.App.•Waco 1934, no writ). The hlunicipal Annexation Act does not expressly provide that an annexation by a Type A general-law municipality cannot exceed the surface area l limitations set forth in Section 5.901 of the Texas Local Government Code, which provides that a city may not incorporate as a general-law municipality unless it meets the following territorial requirements: (a) a community with fewer than 2,000 inhabitants must have not more than two square miles of surface area, (b) a community with 2,001 to 4,999 inhabitants must have not more than four square miles of surface area; and (c) a community with 5,001 to 9,999 inhabitants must have not more than nine square miles of surface area. Section 43.025 of the Act, which governs Type B municipalities and specifically incorporates the limitations of Section 5.901, does, however, expressly restrict a Type B municipality's annexation so that it does not violate the surface area requirements. ,met; City of Northlake v. East Justin Joint Venture, 873 S.W,2d 413, 418-19 (Tex,App.•Fort Worth 1994, writ denied); City of Deer Park v Shell 'Co, Ol 259 S,W.2d 284, 287 (Tex.Civ.App.•Waco, 1953), in, 275 S,W,2d 77 (Tex. 1955). City of ~i Wilmcr v Laidlaw Waste Systems, 890 S.W.2d 459, 465-66 A , (Tex.App: Dallas 1994), AMd, 904 S.W.2d 656, 658-60 (Tex. 1995), / distinguished between Type A and Type B general law municipalities and J held that the area limitations of Section 5.901 "applies only to the 1 incorporation - and not to subsequent annexations by a Type A municipality." 51. ~ i t The Court's analysis explored the legislative intent of Sections 5.901 and 43.024, as evidenced by the express language of the statutes, which is different from what is included in Section 43.025. 3. Section 43.025- Authority of Type B General-Law Municipality to Anne% Area on Request of Area Voters. I (a) If a majority of the qualified voters of an area contiguous to a Type B general-law municipality vote in favor of becoming a part of the municipality, any three of those voters may prepare an affidavit to the factor the vote and file the affidavit with the mayor of the municipality. (b) The mayor shall certify the filed affidavit to the governing body of the municipality. On receipt of the certified affidavit, the goveming body by ordinance may annex the area. (c) On the effective date of the ordinance, the area becomes a pan of the municipality and the inhabitants of the area are entitled to the rights and privileges ofother citizens of the municipality and are bound by the acts and ordinances adopted by the municipality. (d) The municipality may not be enlarged under this section to exceed the area requirements established by Section 5.901. Tex.Local Gov't Code § 43.025. Case Law and Discussion. The governing body must follow the requirements of this section as well as the annexation procedures contained in Sections 43.051.43.057 of the Act. deg $iligp, 455 S.W.2d at 941. 4. Section 43.026-Authority of Type AGeneral-Low htualcipalitytoAnnexArea it Owns. The governing body of a Type A general-law municipality by ordinance may annex area that the municipality owns. The ordinance must describe the area by metes and bounds and must be entered in the minutes of the goveming body. Tcx.Local Gov't Code § 43.026. S. Section 43.026 - Authority of Municipalities to Annex Sparsely Occupied Area on Petition of Area Landowners. If( A~ t (a) This section applies only to the annexation of an area: \ (1) that is one-half mile or less in width; 52• i CA (2) that is contiguous to the annexing municipality; and (3) that is vacant and without residents or on which fewer than three qualified voters reside. (b) The owners of the area may petition the governing body of the municipality in writing to annex the area. i c (c) The petition must describe the area by metes and bounds and must be acknowledged in the manner required for deeds by each person having an interest in the area. (d) After the 5th day but on or before the 30th day after the date the petition is filed, the governing body shall hear the petition and arguments for and against the annexation and shall grant or refuse the petition as the governing body considers appropriate. (e) If the governing body grants the petition, the governing body by ordinance may annex die area. On the effective date of the ordinance, the area becomes a part of the municipality and the inhabitants of the area are entitled to all rights and privileges of other citizens of the municipality and are bound by the acts and ordinances adopted by the municipality. (t) If the petition is granted and the ordinance is adopted, a certified copy of the ordinance together with a copy or duplicate of the petition shall be filed in the office of the county clerk of the county in which the municipality is located. Tex.Local Gov't Code § 43.028. Case Law and Discusslon. A general law municipality with a population of 1,000 or less cannot unilaterally annex land; it must either obtain the consent of the property owner, if the land is occupied by less than three qualified voters, or the consent of a majority of qualified voters inhabiting an annexed area. Cif of Northlake, 873 5. W.2d at 419. 6. Section 43.033 - Authority of General-Law Municipality to Annex Area. (a) Agencral-law municipality mayannex adjacent territory without theconsent of any of the residents or voters of the area and without the consent of any of the owners of the land in the area if the following conditions are met: (l) the municipality has a population of 1,000 or more and is not eligible A to a.iopt a home-rule charter; ! (2) the procedural rules prescribed by this chapter are met; 53. t I i (3) the municipality must be providing the area with water or sewer service; (4) the area does not include unoccupied territory in excess of one acre for each service address for water and sewer service; (5) the service plan requires that police and fire protection at a level consistent with protection provided within the municipality be provided within 10 days after the effective date of annexation; and, (6) the municipality and affected landowners have not entered into an agreement to not annex the area for a certain time period. (b) If, after one year but before three years from the passage of an annexation ordinance, a majority of the landowners or registered voters in the area vote by petition submitted to the municipality for disannexation, the municipality shall immediately disannex the area and may discontinue providing the area with water and sewer area. Tex. Local Gov't Code § 43.033. F. Provisions Regarding Annexation Procedures 1. Section 43.051 - Autbority to Annex Limited to Extraterritorial Jurisdiction. A municipality may annex area only in its extraterritorial jurisdiction unless the municipality owns the area. Tex .Local Gov't Code § 43.051. Case Law and Discussion, In 1963, theiv1unicipal Annexation Act, now contained in Chapters 42 and 43 of the Local Government Code, created the concept of ET), Ahichprohibils annexation by one city of land already in the ETJ oranother, Where the evidence clearly demonstrates that tracts are within the ETJ of the city challenging another municipality's attempt to annex the tracts, the fact that the tracts that were attempted to L- annexed were more closely related to the city attempting the annexation than the city challenging the annexation (in that the city challenging the annexation was on the other side of the river, in another county, and further separated by the telephone exchange system, gas companies, electrical power systems, cable television systems, water drainage systems, political systems, school districts, administrative districts and tax appraisal districts) did not justify the r annexation of land into another city's ETJ. City of Bridge Cily, 792 S. W.2d at 233. ' lt~~ 54. L r 2. Section 43.052 - Annexation Hearing Requirements. (a) Before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. The hearings must be conducted on or after the 40th day but before the 20th day before the date of the institution of the proceedings. (b) At least one of the hearings must be held in the area proposed for annexation if more than 20 adult residents of the area file a written protest of the annexation with the secretaryof the municipality within 10 days after the date of the publication of the notice required by this section. The protest must state the name, address, and age of each protester who signs. (c) The municipality must publish notice of the hearings in a newspaper of general circulation in the municipality and in the area proposed for annexation. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing. The municipality must g've additional notice by certified mail to each railroad company that serves the municipality and is on the municipality's tax roll if the company's right-of-way is in the area proposed for annexation. Tex, Local Gov't Code § 43.052. Case Law and Discussion. Full compliance with the statutory requirements of notice and hearing are necessary for the validity of an annexation ordinance. Failure ors municipality to publish notice in a newspaper having general circulation in the municipality and in the area proposed to be annexed, prior to the annexation, violates the statutory requirement and invalidates the annexation ordinances even if a city substantially complies with the terns of this section. ,aM City of Bells v. Greater Texoma Util. Auth., 790 S.W.2d 6, 13 (Tex.App.-Dallas 1990, writ denied). An ordinance passed on the same day of the requisite public hearing is not in compliance withthe statutory requirements. Fuller Springsv. Cityof Lufkin, 513 S.W.2d 17,19 (Tex. 1974). Where a city published the notice of the hearings more than ten days in advance of th•: hearings and did not commence the annexation proceedings until twenty days after the last hearing, the notice of the public hearings complied with the Municipal Annexation Act. Alexander Oil Co Y. City of Seguin 825 S.W.2d 434, 438 (Tex. 1991). 3. Section 43.053 - Period for Completion of Annexation. (a) The annexation of an area must be completed within 90 days after the date the governing body institutes the annexation proceedings or those V-~ proceedings are void. Any period during which the municipality is restrained or enjoined by a court of competent jurisdiction from annexing the area is not included in computing the 90-day period. 55. t I { (b) Notwithstanding any provision or a municipal charter to the contrary, the governing body of a municipality with a population of 1.5 million or more may provide that an annexation take effect on any date within 90 days after the date of the adoption of the ordinance providing for the annexation, Tex.Local Gov't Code § 43.053. Case Law and Discusslon. In City of Houston, 708 S.W.2d at 887, the court held that annexation proceedings were instituted on the date on which the ordinance was introduced and passed on first reading, and not on the date on which the notice was posted. In City of Pasadena 442 S.W.2d at 329, the Supreme Court held that where a Houston ordinance purporting to annex property (which the City of Pasadena had subsequently annexed by later ordinances) was not completed within ninety days of the passage of the Municipal Annexation Act, the Houston ordinance was void, notwithstanding the agreed judgement that was reached between Houston and Pasadena beforepassage oftheAct thst gave Houston exclusivejurisdiction to annex the property. 4. Section 43.054-Width Requirements. (a) A municipality may not L*.tex a publicly cr privately owned area, including a drip of area following the course of a road, highway, river, stream, or creek, unless the width of the area at its narrowest point is at least 1,000 feet. (b) The prohibition established by Subsection (a) does not apply if: (1) the boundaries of the municipality are contiguous to the area on at least two sides; (2) the annexation is initiated on the %Titten petition of the owners or a majority of the qualified voters of the area; or (3) the area abuts or is contiguous to another jurisdictional boundary. Tex.Locai Gov't Code § 43.054. Cote Law and Discussions. Exemptions to the width requirements include Section 43.101 (Annexation of Municipally Owned Reservoir by General-Law Municipality), Section 43.102 (Annexation of Municipally Owned Airport), Section 43.103 (Annexation of Streets, Highways, and Other Ways by Gencrat-Law Municipality), and Section 43.105 (Annexation of Streets by General-Law i Municipality with Population of 984.986, or 4,540.4,545). , 56. t ( 5. Section 43.055 - Maximum Amount of Annexation Each Year. (a) In a calendar year, a municipality may not annex a total area greater than 10 percent of the incorporated area of the municipality as of January I of that year, plus any amount of area carved over to Shat year under Subsection (b). In determining the total area annexed in a calendar year, an area annexed for i' limited purposes is included, but an annexed area is not included if it is: (1) annexed at the request of a majority of the qualified voters of the area and the owners of at least 50 percent of the land in the area; i (2) owned by the municipality, a county, the stale, or the federal government and used for a public purpose; (3) annexed at the request of at least a majority of the qualified voters of the area; or II (4) annexed at the request of the owners of the area. (b) If a municipality fails to annex in a calendar year the entire 10 percent amount permitted under Subsection (a), the municipality may carry over the unused allocation for use in subsequent calendar years. ` (c) A municipality carrying overan allocation may not annex in a calendaryear a total area greater than 30 percent of the incorporated area of the municipality as of January 1 of that year. Tex Local Gov't Code § 43.055. Case Law and Discussion. Annexation by a city in 1968 and 1969 of areas that were in excess of ten percent of the total corporate area of the city as of the first date of each year was valid under the Municipal Annexation Act because the city was authorized to carry forward ten percent of the number of square miles in the city in 1967, since the city failed to annex any area in that year. City of Grand Prairie v. Tuner, 515 S.W.2d 19, 24-25 (Tex,Civ.App -Da?las 1974, writ refd n.r.e.). But see Op.Tex.Att'y Gen. No. JM-944 (1988), which addresses the authority of a municipality to annex in excess of the 30% of the incorporated area of the municipality in one year if it annexes an entire water or sewer district outside the municipality's boundaries. G. Provisions Regarding Service Plans o Annexed Areas I. Section 43.056 - Provision of Service to Annexed Area. f /%t ( (a) Before the publication of the no6ceofthefirst hearingrequiredundcrSection 43.052, the governing body of the municipality proposing the annexation 57• t t shall direct its ; fanning department or other appropriate marticip.1 department to prepare a service plan that provides for the extension of full municipal services to the area lobe annexed. The municipality shall provide the services by any of the methods by which it extends the services to any other area of the municipality. (b) The service plan must include a program under which the municipality will provide full municipal services in the annexed area no later than 4%, years after the effective date of the annexation, in accordance with Subsection (d). However, under the program the municipality must provide the following services in the area within 60 days after the effective date of the annexation of the area; i (1) police protection; (2) fire protection; (3) solid waste collection; (4) maintenance of water and wastewater facitities in the annexed at„a that are not within the service area of another water or wastewater utility; (5) maintenance of roads and streets, including road and street lighting; (6) maintenance of parks, playgrounds, and swimming pools; and (7) maintenance of any other publicly owned facility, building, or service. (b•1) The service plan of a municipality with a population of 1,5 million or more must include a program under which the municipality will provide full municipal services in the annexed area no later than 41/1 years after the effective date of the annexation, in accordance with Subsection (d), However, under the program the municipality must: (l) provide the following services in the area on and after the effective date of the annexation of the area: (A) police protection; and i (B) solid waste collection; A , (2) pro-ide the following services in the area within 30 days after the effective date of the annexation of the area, if the services are 59. t . 1 r provided through a contract between the municipality and a service provider: (A) emergency medical service; and (B) fire protection; and i (3) provide the following services in the area within 60 days after the effective date of the annexation of the area: (A) maintenanceofwaterandwastewaterfacilities intheannexed area that are not within the service area of another water or wastewater utility; (B) maintenance of roads and streets, including road and street lighting; (C) maintenance of parks, playgrounds, and swimming pools; (D) maintenance of any other publicly owned facility, building, or service; and (E) emergency medical service and fire protection, ifthe services are provided by municipal personnel and equipment. (c) For purposes of this section, "Full municipal services" means services funded in whole or in pany by municipal taxation and provided by the annexing municipality within its full-purpose boundaries. A municipality with a population of 1.5 million or more may provide all or part of the municipal services required under the service plan by contracting with service providers. If the municipality owns a water and wastewater utility, the municipality shall, subject to this section, extend water and wastewater service to any annexed area not within the service area of another water or wastewater utility. If the municipality r axes territory included within the boundaries of a municipal utilitydistria. rawztercontrol andimprovement district, the municipality shall comply with applicable rtate law relating to annexat on of territory within a municipal utility district or a water control and improvementdishict. The service plan shall summarize the service extension policies of the municipal water and wastewater utility. (d) The service plan must also include a program under which the municipality r will initialethe acquisition orconstructionofcapital improvements necessary x for providing municipal services adequate to servethearea. Theconstruction )'1 shall begin within two years after the effective date of the annexation of the area and shall be substantially completed within 4 yi years alter that date. The acquisition or construction of the facilities shall be accomplished by 59. f k purchase, lease, or other contract or by the municipality succeeding to the powers, duties, assets, and obligations of a conservation and reclamation district as authorized or required by law. The construction orthe facilities shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. However, the municipality does not violate this subsection if the construction process is interrupted for any reason by circumstances beyond the direct control of the municipality. The requirement that construction of capital improvements must be substantially completed within 4ya years does not apply to a development project or proposed development project within an annexed area if the annexation of the area was initiated by petition or request of the owners of land in the annexed area and the municipality and the landowners have agreed in writing that the development project within that area, because of its size or projected manner ofdevelopment by the developer, is not reasonably expected to be completed within that period. (e) A service plan may not: (1) require the creation of another political subdivision; l (2) require a landowner in the area to fund the capital improvements \ necessary to provide municipal ser• ices in a manner inconsistent with Chapter 395 unless otherwise agreed to by the landowner; or (3) provide fewer services or lower levels of services in the area: (A) than were in existence in the area immediately preceding the date of the annexation; or ! (8) than are otherwise available in other parts of the municipality with land uses and population densities similar to those reasonably contemplated or projected in the area, If only a part of the area to be annexed is actually annexed, the governing body shall direct the department to prepare a revised service plan for that part. (g) The proposed service plan must be made available for public inspection and explained to the inhabitants of the area at the public hearings held under Section 43.052. The plan may be amended through negotiation at the hearings, but the provision of any service may not be deleted. Oncompletion A , of the public hearings, the service plan shall be attached to the ordinance annexing the area and approved as part of the ordinance. 60. t (h) On approval by the governing body, the service plan is a contractual obligation that is not subject to amendment or repeal except that if the governing body determines at the public hearings required by this subsection that changed conditions or subsequent occurrences make the service plan unworkable or obsolete, the governing body may amend the service plan to conform to the changed conditions or subsequent occurrences. An amended service plan must provide for services that are comparable to or better than those established in the service plan before amendment. Before any amendment is adopted, the governing body must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.052. +a (i) A service plan is valid for 10 years. Renewal of the service plan is at the discretion of the municipality. A person residing in an annexed area may enforce a service plan by applying for a writ of mandamus. if a court issues the writ, the municipality shall pay the person's costs and reasonable attorney's fees in bringing the action. A writ issued under this subsection must provide the municipality the option of disannexing the area within 30 i days. (j) A municipality that annexes an area shall provide the area or cause the area to be provided with services in accordance with the service plan for the area. (k) This section does not require that a uniform level of full municipal services be provided to each area of the municipality if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. Tex.Local Gov't Code § 43.056. Case Law end Discussion. A quo warranto proceeding is required to set aside an annexation unless it is wholly void. The only express remedy for failure of the city to provide services isdisannexation. Alexander OilCo.,825S.W.2dat438.39. This section does not require that a municipality provide a "uniform level of full municipal services" to each area of the municipality, or a "higher level of services" in any area to be annexed, than is provided in an area of the city having similar characteristicsoftopography, land use and population densities. Op. Tex. Att'yGen. No. IM-944 (1988). If. Provisions Regarding Limited Purpose Annexation 1. Section 43.121 • Authority of Populous Nome-Rule Munlcipalltles to Annex for i A , Limited Purpose:; Other Authority not Affected. f f 1 ` { (a) The governing body of a home-rule municipality with more than 225,000 I inhabitants, if authorized under its home-rule charter, by ordinance may 61. t annex an area for the limited purposes of applying its planning, zoning, health, and safety ordinances in the area. (b) To be annexed for limited purposes, an area must be: (1) within the municipality's extraterritorial jurisdiction; and (2) contiguous to the corporate boundaries of the municipality, unless the owner of the area consents to noncontiguous annexation. (c) The provisionsofthis subchapter, other than Section 43.136, do not affect the authority of a municipality to annex an area for limited purposes under Section 43.136 or any other statute granting the authority to annex for limited purposes. Tex. Local Gov't Code § 43.121. 2. Section 43.122 • Certain Strip Annexations Prohibited. A municipality may not annex for limited purposes any strip of territory, including a strip following the course of a road, highway, river, stream, or creek, that is, at its narrowest point, less than 1,000 feet in width and is located farther than three miles { from the preexisting boundaries of the municipality, unless the area is annexed under Section 43.129. Tex.Local Gov't Code § 43.122. 3. Section 43.123 • Report Regarding Planning Study and Regulatory Plan, (a) Before the 10th day before the date the first hearing required by Section 43.124 is held, the municipality must prepare a reportregarding the proposed annexation of an area for limited purposes and make the report available to the public. The report must contain the results of the planning study conducted for the area in accordance with Subsection (c) and must contain the regulatory plan prepared for the area in accordance with Subsection (d). (b) Notice of the availability of the report shall be published at least twice in a newspaper of general circulation in the area proposed to be annexed. The notice may not be smaller than one-quarter page of a standard-size or tabloid. size newspaper, and the headline on the notice must be in 18-point or larger type. r (c) The planning study must: k 62. r t (t) project the kinds and levels of development that will occur in the area in the next 10 years if the area is not annexed for limited purposes and also if the area is annexed for limited purposes; i (2) describe the issues the municipality considers to give rise to the need j for the annexation of the area for limited purposes and the public benefits to result from the limited-purpose annexation; (3) analyze the economic, environmental, and other impacts the annexation of the area for limited purposes will have on the residents, landowners, and businesses in the area; and (4) identify the proposed zoningofthe area on annexation and inform the public that any comments regarding the proposed zoning will be considered at the public hearings for the proposed limited-purpose annexation. (d) The regulatory plan must: (l) identify the kinds of land use and other regulations that will be imposed in the area if it is annexed for limited purposes; and , (2) state thedate on or before which themunicipality shall annex the area for full purposes, which date must be withln three years after the date the area is annexed for limited purposes. Tex.Local Gov't Code § 43.123. 4. Section 43.124 - Public Ilearings. (a) Before instituting proceedings for annexing an area for limited purposes, the governing body of the municipality must hold two public hearings on the proposed annexation. Each member of the public who wishes to present f testimony or evidence regarding the proposed limited-purpose annexation must be given the opportunity to do so. At the hearing, the municipality shall hear and consider the appropriateness of She application of rural and urban ordinances in the area to be annexed for limited purposes. (b) The hearings must be held on or after the 40th day but before the 20th day before the date the annexation proceedings are ins;;tuted. A notice of the hearings must be published in a newspaper of general circulation in the municipality and in the area proposed for annexation. The notice mustbe in ,t the format prescribed by Section 43.123(b). Before the date ofeachheating, ! N the notice must be published at least once on or after the 20th day before the hearing date and must contain: 63. t (1) a statement of the purpose of the beams;; (2) a statement of the date, time, and place of the hearing; and (3) a general description of the location of the area proposed to be annexed for limited purposes. Tex.Local Gov't Code § 43.124. S. Section 43.125 • Adoption of Regulatory Plan. (a) At the time the governing body of the municipality adopts an ordinance annexing an area for limited purposes, the governing body must also adopt by ordinance a regulatory plan for the area. (b) The adopted regulatory plan must be the same as the regulatory plan prepared under Section 43.123 unless the governing body finds and states in the ordinance the reasons for the adoption of a different regulatory plan. (c) The governing body by ordinance may change a regulatory plan adopted under Subsection (b) if, in the ordinance making the change, the governing body finds and states the reasons for the adoption of the change. Tcx.Local Gov't Code § 43.125. 6. Section 43.126 • Period for Completion of Annexation. I The annexation ofan area for limited purpose must be completed within 90 days after the date the governing body institutes the annexation proceedings. Tex.Loeal Gov't Code § 43.126. I 71 Section 43.127 - Annexallon for Full Purposes. (a) On or before the date prescribed by the regulatory plan under Section 43.123(d)(2), the municipality must annex the area for full purposes. This requirement may be waived and the date for full-purpose annexation postponed by written agreement between the municipality and a majority of the , ffected landowners. A written agreement to waive the municipality's obligation to annex the area for full purposes binds all future owmers of land annexed for limited purposes pursuant to that waiver. i a (b) In each of the three years for which an area may be annexed for limited r f purposes, the municipality must take the steps prescribed by this subsection t! toward the full-purpose annexation of the area. By the end of the first year after the date an area is annexed for limited purposes, the municipality must 64. t, develop a land use and intensity plan as a basis for services and capital improvements projects planning. By the end of the second year aRer that date, the municipality must include the area in the municipality's long-range financial future capital improvements projects. By the end of the third year after that date, the municipality must include in its adopted capital improvements program the projects intended to serve the area and must identify potential sources of funding for capital improvements. Tex.Local Gov't Code § 43.127. 8. Section 43.128 -Judicial Remedies: Forced Annexation or Disannexation. (a) If the municipality fails to annex the area for full purposes as required by Section 43.127(a), any affected person may petition the district court to compel the annexation of the area for full purposes or the disannexation of the area. On finding that the municipality has failed to annex the area as required by Section 43.127(a), the court shall enter an order requiring the municipality to annex the area for full purposes or to disannex the are& Iran area is disannexed, the area may not be annexed again by the municipality for five years. (b) If the municipality fails to take the steps required by Section 43,127(b), any affected person may petition the district court to compel the annexation ofa particular area for full purposes or the disannexation of a particular area for full purposes or the disannexation of the area. On finding that the municipality has failed to take the steps required by Section 43.127(b), the court shall enter an order requiring the municipality to annex the area for full i purposes or to disannex the area. Tex Local Gov't Code § 43.128. 9. Section 43.129-Consensual Annexation. The municipality may annex for limited purposes any land for which the landowner requests annexation and provides to the municipal ity before the effective date of the annexation the landowner's written consent to annexation for limited purposes. With respect to any larger parcels of property, consent of the owners of at least 51 percent of the total affected territory must be evidenced by appropriate signatures on the limited-purpose annexation request. A landowner's written consent to limited- purpose annexation is binding on all future owners of land in the area annexed for limited purposes pursuant to the consent i, Tex.Local Gov't Code § 43.129. f I 65. I 10. Section 43.130 - Effect of Annexation on Voting Rights, Eligibility for Office, and Taxing Authority. (a) The qualified voters of an area annexed for limited purposes are entitled to vote in municipal elections regarding the election or recall of members of the goveming body of the municipality or regarding the amendment of the municipal charter. The voters may not vote in any bond election. On or alter the 15th day but before the fifth day before the date of the first election held in which the t esidents of an area annexed for limited purposes are entitled to vote, the municipality shall publish notice in the form of a quarter-page advertisement in a newspaper of general circulation in the municipality notifying the residents that they are eligible to vote in the election and stating the location of all polling places for the residents. (b) A resident of an area annexed for limited purposes is not eligible to be a f candidate for c r to be elected to a municipal office. i (c) The municipality may not impose a tax on any property in an area annexed for limited pugtoses or on any resident of the area for an activity occurring in the area. The municipality may impose reasonable charges, such as building inspection and permit fees, on residents or landowners for actions ` or procedures ferformcd by the municipality in connection with the limited l purposes for which the area is annexed. Tex.Local Gov't Code § 43.130. 1. Provisions Regarding Disannexation L Section 43.141 - Disannexation for Failure to Provide Services (a) A majority of the qualified voters of an annexed area may petition the governing body of the municipality to dissutnex the rrea if the municipality fails or refuses to provide services or to cause services to be provided to the area within the period specified by Section 43,056 or by the service plan prepared for th•: area under that section. (b) if the got erring body fails or refuses to disannex the area within 60 days after the date o'the receipt of the petition, any one or more of the signers of the petition may bring a cause of action in a district court of the county in which the area is principally located to request that the area be disannexed. On the filing of an answer by the governing body, and on application of either party, Ile case shall be advanced and heard without further delay in t accordance wish the Texas Rules of Civil Procedure. The district court shall enter an order disanncxing the area if the court rinds that a valid petition was { filed with the municipality and that the municipality failed to perform its 66. t pi obligations in accordance with the service plan or failed to perform in good j faith. I (c) If the area is disannexed under this section, it may not be annexed again within five years afler the date of the disannexation. If it is reannexed within seven years afler the date of the disannexation, a service plan for the area must be implemented not later than one year after the date of the reannexation. (d) The petition for disannexation must: (1) be written; (2) request the disannexation; (3) be signed in ink or indelible pencil by the appropriate voters; (4) be signed by each voter as that person's name appears on the most recent official list of registered voters; (5) contain a note made by each voter stating the person's residence address and the precinct number and voter registration number that appear on the person's voter registration certificate; (6) Describe the area to be disannexed and have a plat or other likeness of the area attached; and (7) be presented to the secretary of the municipality. (e) The signatures to the petition need not be appended to one paper. t (f) BeforethepetitionIscirculatedamongthevoters,noticeofthepetitionmust be given by posting a copy of the petition for 10 days in three public places in the annexed area and by publishing a copy of the petition once in a newspaper of general circulation serving the area before the 15th day before the date the petition is first circulated. Proof of the posting and publication must be made by attach'ng to the petition presented to the secretary: (1) the sworn affidavit of any voter who signed the petition, stating the places and dates of the posting; and (2) the sworn affidavit of the publisher of the newspaper in which the 1 , notice was published, ttatingthe name of the newspaper end the issue and date of publication. Tex.LocaI Gov't rode § 43.141. 3 67. t 2. Section 43.142 - Disanuexation According to Municipal Cbarter in Home-Rule Municipality A home-rule municipality may disannex an area in the municipality according to i rules as may be provided by the charter of the municipality and not inconsistent with the procedural rules prescribed by this chapter. Tex.Local Gov't Code § 43,142. 3. Section 43.143 - Disannexation by Petition and Election in General-Law I Municipality I I (a) When at least 50 qualified voters of an area located in a general-law municipality sign and present a petition to the mayorof the municipality that describes the area by metes and bounds and requests that the area be declared { no longer part of the municipality, the mayor shall order an election on the question in the municipality. The election shall be held on the first uniform election date prescribed by Chapter 41, Election Code, that occurs after the date on which the petition is filed and that affords enough time to hold the election in the manner required by law. (b) Men a majority of the votes received in the election favor discontinuing the area as part of the municipality, the mayor shall declare that the area is no longer a part of the municipality and shall enter an order to that effect in the min i!es or records of the governing body of the municipality. The area ceeses to be apart of the municipality on the date of the order. Howcver,the area may not be discontinued a~ part of the municipality if the discontinuation would result in the municipality having less area than one square mile or one mile in diameter around the center of the original municipal boundaries. (c) If the area withdraws from a municipality as provided by this section and if, at the time of the withdrawal, the municipality owes any debts, by bond or otherwise, the area is not released from its pro rate share of that indebtedness. The governing body shall continue to Iny a property lax each year on the property in the area at the same rate that is levied on other property in the municipality until the taxes collected from the area aqual its pro rata shae of the indebtedness. Those taxes maybe charged only with the cost of levying and collecting the taxes, and the taxes shall be applied exclusively to the payment of the pro rata share of the indebtedness. This subsection does not prevent the inhabitants of the area from paying in full at any time their pro rata share of the indebtedness. i Tex. Local Gov't Code § 43.143. 68. } t 4. Section 43.144 - DIsaonexation of Sparsely Populated Area In General-Law j Municipality (a) The mayor and governing body of a general-law municipality by ordinance may discontinue an area as a part of the municipality if: (1) the area consists of at least 10 acres contiguous to the municipality; and (2) the area: (A) is uninhabited; or (13) contains fewer than one occupied residence or business structure for every two acres and fewer than three occupied residences or business structures on any one acre. (b) On adoption ofthe ordinance, the mayor shall enter in the minutes or records of the governing body an order discontinuing the area. The area ceases to be a part of the municipality on the date of the entry of the order. r Tex.Local Gov't Code § 43.144. 5. Srction 43.147 . Width Requirement for Disannexatiou (a) A municipality disannexing a road or highway shall also disannex a strip of area that is equal in size to the minimum area that the municipality is required to annex in order to comply with the width requirements of Section 43.054 unless such disannexation is undertaken with the mutual agreement of the county government and the municipality. (b) The strip of area to be disannexed must: (1) be adjacent to either side of the read or highway; and (2) follow the course of the road or highway. Tex.Local Gov't Code § 4.147. J. Provisions Regarding Federal and State Approvals and Notices 1. Federal Approval Requirements. A, Pursuant to the requirements of the Federal Voting Rights Act, all annexation u{ ordinances and information relating to the annexation must be submitted for the approval of the United States Department of Justice in accordance with 28 Code of 69. Federal Regulations, Part 51 (1987). Materials describing the annexation must be submitted in duplicate, and include the follow i ng irformation: a. A letter or other written document that includes the name and title of the city I official submitting the propoc-d annexation, together with the name and address of the city proposing the annexation. b. Supporting materials that demonstrate that the proposed annexation will not have the effect of abridging the right of any person tr vote on account of race, color, or membership in a language minority group. C. Acopyoftheordinanceembodyingtheproposed annexation, certifiedbythe mayor or city secretary as a true copy. This submittal should Include a map of the old boundaries, a planlmap for the new boundaries, the population of both, and minority ratios of the c xisting area and the area to be annexed with the envelope and first page clearly marked "Submission • under Section 5, Voting Rights Acts." d. The date of final approval of the proposed annexation. e, A description of the different parts of the city that would be affected by the proposed annexation, and how they would be affected. This information must be sufficient to disclose to the U.S. Department of justice how the proposed annexation would affect the voting strength of minorities in the city. f A statement certifying that the proposed annexation is not yet final, or an explanation of why such a statement cannot be made, ff , g. A statement of the reasons for the proposed annexation. h. A statement identifying any past or pcnding lawsuits relative to the proposed annexation. I. An indication of population changes orshifts that will occur as a result of the proposed annexation. The envelope and the city's accompanying letter must be addressed as follows: i 70. c• I! i / a 1 If by Firs i Class Mail: If by Federal Express: Voting Sectiou Civil Rights Division Civil Rights Division U.S. Department of Justice U. S. Department of Justice 320 1st Street NW, Room #816 P.O. Box 66128 Washington, DC 20534 Washington, D.C. 20035-6128 $m Under Section 5 Voting Rig is Act Phone: (202)307.3143 2. Secretary of State Notice Requirements. The Texas Secretary of State must be notified of any annexatior✓disannexation so that the Secretary of State may correctly certify the legal validity of the annexation/ disannexation to the United States Department of Commerce. The annexing city must submit the following information to the Secretary of State: a. a copy of the ordinance annexing the territory; b. copy of a map of the annexed area; and c. a statement that the annexation is not involved in any litigation and that the { annexation action has complied with state statutes. The submission may be sent to the following address: Secretary of State Statutory Documents Division P. O, Box 12887 Austin, Texas 78711 Phone: (512)463.3559 Note: Theannexalion'disanncxationfilingwith theSecretary of State replaces the filingpreviously required by the Texas Department of Community Affairs. 3. State Comptroller Notice Regntrements, In order to assure that the city will receive the benefit of any sales taxes generated in the newly-annexed area, flit annexation ordinance and at map which clearly shows the change in municipal boundaries resulting from the annexation must be sent to the following address: ~i A , Comptroller of Public Accounts, Sales Tax Division LBJ State Office Building Austin, Texas 78711 Phone: (800)531.5441 71. f M V.T.C,A., Tax Code, Section 321,102, rcgji:es the city clerk/secretary to forward, by registered or certified mail, a certified copy of the ordinance annexing the additional territory, together with a map of the city which clearly shows the boundaries of the new territory added to the city. The map must be one that shows the entire city and its boundaries, with the annexed portion clearly distinguished from the rest of the city. 4. County Clerk Notice Requirements. Under Section 41.0015 of the Texas Local Government Coda, when municipal boundaries are changed by annexation or disannexation, the mayor or other presiding officer of the goveming body must send to the county clerk a certified copy of the documents showing the change in boundaries. The documents must be sent to the county clerk within 30 days after the annexationldisannexation is approved by the U. S, Department of Justice through the preclearance process. 5. Other Notifications, Upon any action by a city to change its boundaries, the following agencies should be notified of these changes: a, For Key Rate Purposes - Send copy of Annexation Ordinance and Map to: l Texas Commission on Fire Protection P.O. Box 2286 Engineering Division Austin, Texas 78768.1286 Phone: (312) 918.7141 b, For Notification for Changes In Highway City Limlts Slgns, Etc. - Send copy of Annexation Ordinance and Map to: Department of Transportation Planning and Program Division, Attention: Martin Broad P. 0. Box 5051 Austin, Texas 78763.5051 Phone: (512) 463.7438 C. For Notification to the Bureau or the census -Send copy of Annexation Ordinance and Map to: Ms, Louise Stewart Bureau of the Census Geography Division Washington, D.C. 20233 Phone: (301) 457.1099 11•-~ 72, c i d. For Further Assistance In Annexation Requirements Contact: Local Government Services Texas Department of Housing and Community Affairs P.O. Box 13941 Austin, Texas 78711-3941 Phone: (512) 475.3844 or (800) 544.2042 K. Annexation Litigation Annexation litigation typically involve the competing rights and interests of various parties, including landowners, residents and municipalities. Not all interested parties, however, have standing to bring an action to challenge annexation. City of Missouri City v. Senior, 583 S, W,2d 444 (Tex.App.-Houston (1st Dist.) 1979, writ rerd n.r.e.). Annexation challenges must be brought by competing municipalities, landowners or residents, or the State of Texas In a quo warranto proceeding. The motive or purpose of the municipality for the annexation is legally irrelevant. Courts will not review the purposes of an annexation to determine its validity, even if it was solely for taxation purposes and regardless of whether governmental services are being provided to the annexed territory. Larkin Y. Cityof Denison, 683 S.W.2d 754, 756(Tex.App.•Dallas 1984, no wri t) (reviewing court may not consider the motives behind annexation because to do so Invades the legislative process). Judicial review of an annexationproceeding is limited. The validity of annexation must be brought as a direct challenge to the annexation ordinance in a declaratory judgment action as to jurisdictional matters, or by the state in quo wa rmto proceedings because of procedural i ncgularitics. Only another municipality, the State, lai::owners or residents of the annexed territory have standing to challenge annexation for lack ofjurisdiction in which the annexation is said to be iM. Alexander Oil Co. v. City of5eouin, 825 S.W.2d 434 (Tex. 1991). Procedural irregularities, however, may only be challenged by the State through a quo warranto proceeding In which the annexation is said to be voidable, LL Annexation may only be attacked by quo warranto proceedings unless the annexation is void. The following are examples of void and voidable annexation proceedings: VOID ANNEXATIONS 1. Annexation of territory exceeding the size limitations. Deacon Y. Euless, 405S.W.2d 64 (Tex, 1996). 2. Annexation of territory ofanothermunicipality oritsETJ. Vernv.SanAntonio,406 S.W,2d 236 (Tex.App,-Corpus Christi 1966, writ rerd mr.e.). A 3. Annexation of non-contiguous territory. 4. Annexation where the boundary description does not close. 73. I { 5. Failure to receive the required number of votes for passage of an ordinance, City of Northlake Y. East Justin Joint Venture, 873 S.W,2d 413, 417 (Tex.App,•Fort Worth 1994, writ denied). VOIDABLE ANNEXATIONS 1. Procedural irregularities such as failure to comply with statutory notice and public hearing requirements, Alexander Oil, 825 S,W.2d at 438. 2, Question ors valid incorporation. City of Hurst v. City of Colleyyille, 501 S.W.2d 140 (Tex,App: Fort Worth 1973, writ ref d n.r.e.). Annexation which is voidable may only be challenged through a quo warranto proceeding, which is an action by the slate on relation of a private party. L&&W, 683 S.W.2d at 754. Although a private party is named, the state lithe real party in Interest. Slate ex rel. Simmons V. City of Azle, 568 S.W.2d 666 (Tex.App :Fort Worth 1979, wril recd n.r.e,); Alexander Oil, 825 S.W.2d at 437, Quo warranto actions are govemed by Chapter 66 of the Texas Civil Practice and Remedies Code. The action is brought in the district court and in the name of the State of Texas. Tex.Civ.Prac. & Rem.Code Ann § 66.002. The action may be brought only by the Attorney General, county or district attorney on his c" n motion or at the request of on individual relator. Tex.Civ.Prac. & Rem. Code § 66.022(c). The action is brought on behalf of the public and is in place to avoid a multiplicity of suits by private parties and conflicting results. The action is also discretionary in that the state has the discretion whether to file the action and cannot be compelled to rile the action. The state controls the action although the relator may secure independent counsel to assist with the approval of the state's counsel, McFarlin v. State ex rci. Bamard, 272 S.W.2d 630 (Tex,App.•Waco 1954,writ refd n.r e.). A quo warranto action may be joined with a declaratory action in which a private pally challenges annexation as void. City of Bridge City, 792 S.W.2d at 21 3. SENATE 01LI, NO, 89-ANNEXATION UNDER THE NEA ACT With the passage of Senate Bill No. 89, the major question for cities is "how do we annex territory now?" Following is a description of the new steps that must be followed in annexing territory. I would note, however, that there may be many interpretations of the new statutory provisions and, not surprisingly, there are no judicial interpretations of these often confusing and somewhat contradictory provisions. References contained in the following provisions are either to Senate Bill No. 89 ("SS 89') or to Chapter 43 of the Texas Local Government Code (with the new section numbers noted), ri A ~ A. Adopt An Annexation Plan Beginning September I, 1999, all Texas municipalities are required to adopt an annexation plan that becomes effective December 31, 1999. SB 89, § 17(b). This 74. c annexation plan should contain all territory the municlpality expects to annex for the three year period starting December 31, 2002. Ifa municipality expects to annex a territory in the three year "transition period" ofSeptemberl,1999, through December 31, 2002,the territoryshould not be included in the annexation plan because an area in an annexation plant may be annexed only on or after the third anniversary of the date the area is placed in the plan, Tex.Local Gov't Code § 43.052(c), B. Determine N'betber The Municipality May Annex The Territory In preparing the annexation plan, municipalities should be aware that the Legislature has prohibited certain annexations. In addition to the prohibition of annexations of an area less than 1,000 feet wide at its narrowest point, the new annexation statute prohibits an annexation of territory in an municipality's ET2 if the area Is adjacent to municipal territory that is less than 1,000 feet in width at its narrowest point. Tex.Local Gov't Code § 43.0545(a). Finally, a municipality may not annex an area that is in its EV if it is contiguous to municipal territory that (1) was annexed before September I, 1999; and (2) was in the municipality's ET3atthetime ofanncxationonly because the territory was contiguous to city territory that was less than 1,000 feet in width at its narrowest point. Tex.Local Gov't Code { § 43,0545(b). In calculating the 1,000 feet width requirement, roads, highways, rivers, lakes or other bodies of water are not included in computing the 1,000 foot distance unless the area also includes land. Tex.Locai Gov't Code § 43.0545(x). Also, the above restrictions do not apply to an area if the area is completely surrounded by territory of one or more cities, the landowners have requested annexation, the area is owned by the city, the area is the subject of an industrial district contract under § 42.044 of the Local Government Code or because of subsequent annexation, the minimum width of the area is no longer less than 1,000 feet. Tex,Local Gov't Code § 43.0545(c) and (d). C. Determine Whetber Territory Should Be Included In Annexation Plan A municipality should determine whether Urrritory to be annexed within the plan's time frame should be included in the plan. Properties that are not required to be on an annexation plan include: I , An area which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; 4 Note: (a) a municipality may not attempt to circumvent the requirement for an annexation plan by proposing to separately annex two 15. c or more areas that fall under this exception if no good reason exists for separately annexing the areas. (b) if a municipality proposes to separately annex areas in violation of the above rule, a pars,)n residing on or owning land in the area may petition the rtunlcipality to include the area in the annexation plan. (c) if the municipality fails to take action on the petition the petitioner may request arbitration. 2. 50% or more of the landowners in the area vote to be annexed; 3. Petition of voters or landowners as provided in 43.022, 43.023, 43.024, 43.025 or 43.028 of the Texas Local Government Code; 4. The area is or was the subject of an industrial district contract under § 42.044 or a strategic partnership agreement under § 42.0751 of the Texas Local Government Code; 5. The area is located in a colonic; 6. The area is nonexed under 43.026, 43.027, 43,029 or 43.031 ofthe Texas Local Govcmment Code; 7. The area is located inside a closed military installation; or 81 The municipality determines the annexation is necessary to protect the area or city from (a) imminent destruction ofpmpenyor injury to persons; or (b) a condition that constitutes a public or private nuisance as defined by background principles of nuisance and property law of this state. D. Comply With The Notice Requirements Before the 90th day after the date a municipality adopts or amends its annexation plan , the municipality shall give notice to all affected property owners in the area, each public or private entity that provides services in the area proposed for annexation, and each railroad company that serves the municipality and is on the municipality's tax roll if the company's right of way is located in the area proposed for annexation. In addition, a municipality must place and maintain tl,e annexation plan, along with any amendments, on its Internet website, ifone exists. i A E. Notice To School Districts f 1. A municipality must provide the written notice to all school districts located in an area to be annexed within the period prescribed for publishing of the 76. t i first public hearing. The notice must include any financial impact on the district that may result from the annexation and the city's proposal to limit the effects of that financial impact, 2. A municipality that has annexed any portion of a school district containing a school facility between December 1, 1996, and September 1, 199% (a) shall grant avariance from the city's building code for that facility if I! the facility does not comply with the code, and (b) may charge the district for utility services at the same rate that the district was paying before the annexation or a lower municipal rate, and the rate is effective until the first day of the disc ict's fiscal year that begins after the 90th day after the effective date of the annexation. Tex.Local Gov't Code 143.905 (a), (b), (d) and (e). F. Prepare An Inventory Of Services And Facilities I. For each area included in the annexation plan, a municipality must compile a comprehensive inventory of services and facilities provided by public and privateerdilies, eitherdirectly orby contract, based upon the level of services and facilities provided in the year preceding the date the area is included in { the plan. Tex.Local Gov't Code § 43.053(b) and (d). This inventory must be completed, and made available for public inspection, on or before the 60th day alter the date the municipality teccives the required information from service providers in the area. Tex.Local Gov't § 43.053(8). 2. To accomplish this task, a municipality is required to request, in the notice required under § 43.051(1), the information necessary to complete the imeniory from public and private providers. Additionally, the public and private providers are required to provide the information requested by the municipality within 90 days of receipt of the request, however, the service provider and a municipality may agree to extend the period forprovidingthe information. Should a provider fail to provide the necessary information within the 90 day period, a municipality is not required to include the information in the inventory. Tex.Local Gov't § 43.053(c), Finally, the municipality may monitor the services provided and verify the information provided, Tex,Local Gov't Code § 43,053(h). G. Information Required To Be Included In The Inventory The information required to be provided by service providers, and included A in the inventory, must include the type of service provided, the method of % service delivery, and the following information: r 17. t { I. For utility facilities, roads, drainage structures and other infrastructure provided or maintained by public or private entities, the inventory must include: (a) an engineer's report that describes the physical condition of all infrastructure elements in the area; and (b) a s,tmmary of capital, operational and maintenance expenditures for that infrastructure. 2, Forpolice,fircandemergency medical services provided bypublic orprivate entities, the inventory must include; (a) the average dispatch and delivery time; (b) a schedule of equipment including vehicles; (c) a staffing schedule that discloses the certification and Ira in ing levels of personnel; and (d) a summary of operating and capital expenditures. Tex.Local Gov't Code § 43.053(c),(e) and (Q, IL Effect Of Amendments To Annexation Plan If a municipality desires to add area to its annexation, plan the municipality may do so at any time. Tex.Local Gov't Code § 43.052(e). If an area is added to the annexation plan, however, the area may not be annexed until on or alter the third anniversary of The date the plan is amended. Tex.Local Gov't Code § 43,052(c), Also, a municipality may amend its annexation plan to remove an area proposed for annexation, however, if the area is removed before the 18th month alter the month the area is included in the three year annexation cycle, a munic ipality may not amend the plan to include the affected area until one year has passed since the area was removed from the plan. Additionally, if the area is removed from the annexation plan during or after the I Sth month after the month the area is included in the three year annexation cycle, a municipality may not amend the plan again to include the area until the second anniversary of the date the municipality amended the plan to remove the area, Tex,Local Gov't Code § 43,052(e). f. Prepare it Servlet Plan New Section 43.056 sets forth the requirements relating to scheduling for the A provision of municipal services. Now a municipality must complete a service plan ! 1 for the areas included in the annexation plan before the first day of the 1015 month after the month in which the inventory Is completed. Tex.Local Gov't Code § 43.056(a). The service plan must provide for full municipal services in the 78. t c 4 1 annexed area no later than two and one-half years (a change from the previous four and one-half year requirement) after the effective date of the annexation unless: I i I , certain services cannot reasonably be provided within that period; and 2. the municipality proposes a schedule for providing the services that extends not longer than four and one-half years after the effective date of the annexation. Tex.Local Gov't Code § 43.056(b).1 J. "Full Municipal Services" Deflued The new law defines"full municipal services" as "services provided by the annexing municipality within its full-purpose boundaries, including water and wastewater services and excluding gas or electrical service." Tex. Local Gov't Code § 43.056(c). This new definition varies from the current definition of "full municipal services" by adding water and wastewater services, if these are provided inside the city. K. Immediate Sen-ices All services that were required to be provided to the annexed area under Chapter 43 as it existed prior to September 1, 1999, are now required to be provided on the effective date of the annexation (rather than 60 days after the effective date as provided for in Chapter 43 as it existed prior to September I, 1999). These services include: I. police protection; 2. fire protection; 3. emergency medical services; 4. solid waste collection, except as provided by subsection (o), Subsection (o) 1 provides that a municipafty is not required to provide collection services to a person who continues to use the collection services ora privately owned collection service; 5. operation and maintenance ofwater and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; r - `This subsection also provides that if an area was annexed after December 1, 1998, and € j before September I, 1999, the municipality shall provide sewer services as provided by this subsection, except that no later than S years after the effective date of the annexation, the municipality may not provide sewer services in the annexed area be means of a package wastewater treatment plant. 79~ t I 6. operation and maintenance of roads and streets, including road and street lighting; 7, operation and maintenance of parks; and g, operation and maintenance of any other publicly owned facility, building or service. L. Acquisition end Construction of Capital Improvements )Tex.Local Gov't Code § 43.056(e)) I. The service plan must provide that construction of capital improvements must be substantially completed within the period provided in the service plan (two and one-half years), however, the plan may be amended to extend this time if construction is proceeding with all deliberate speed. The acquisition or construction ofthe facilities maybe accomplished by purchase, lease or other contract orby the municipality succeeding to the powers, duties assets and obligations ore conservation and reclamation d istrict as authorized or required by law. 2. The construction of facilities shall be a continuous process and be completed as soon as reasonably possible. Finally, the requirement that capital improvements must be substantially complete within the period provided for in the service plan does not apply to a development project or a proposed development project within an annexed area if the annexation was initiated by petition of the property owners and the municipality and the landowners have agreed, in writing, that the project within that area, because of its size or projected manner of development, is not reasonably expected to be complcted within that period. M. Lcvcl of Services The service plan may not provide forscrvices in the annexed area that would reduce the level of fire, police and emergency medical services within the city. Tex.Local Gov't Code S 43.056(0(3), Second, the service plan mist provide the area with a icvel of services comparable to or superior to the level of so'vices available in other pans of the city with land uses and population densities similar to those reasonably contemplated or projected in the area; however, if the area had a level of services equal to the services provided within the corporate boundaries of the municipality the service plan must maintain that same level of services. Finally, if the annexed area had a level of services for maintaining the infrastructure of the area superior to tht level of services provided within the city, the service plan must maintain the infrastructure of the annexed area at alevel of services that is equal or superior to the I f level of services previously enjoyed in the annexed area, Tex.Local Gov't Code 43.056(g). go. C { N. Does New Sectluo 43.036 Require a Municlpallty to Extend Utilities Immediately? This section does not require that a municipality provide a "uniform level of full municipal serviccs" to each area of the municipality if different characteristics of topography, land use and population density constitute a sufficient basis for providing different levels of service, Tex.Local Gov't Code § 43,056(m). The analogous subsection in the prior law was the basis of a Texas Attorney General's Opinion, which stated that differences in the levels of services provided in annexed areas and existing areas of the city must be based on differences in topography, land use, and population density. Op. Tex. Att'yGen, No, )M.944 (1988). It is apparent that a city is not required to extend its services to a newly annexed territory prior to the extension of services to like areas; however, to the extent that services in the annexed area are equal to or superior to those provided in the city boundaries, § 43.056(g) applies and the city must maintain that level of services. 0. Length of Validity of Service Plan 1. A serviceplan is effective for l0 years. A person residing or owning land in an annexed area in a municipality with a population of less than 1.6 million may enforce the service plan by applying for a writ of mandamus not later than the second anniversary of the date the person knew or should have known the municipality was not complying with the service plan. Upon application for a writ of mandamus, the municipality has the burden of proving the services have been provided In accordance with the service plan. Tex.Local Gov't Code § 43.056(1). 2. Finally, before the second anniversary date the area is Included in the corporate boundaries of a municipality by annexation, the municipality may not prohibit the collection of solid waste in the area by a solid waste management provider, or impose a fee for the collection of solid waste on a person who continues to use the services of a privately owned solid waste management provider. P. Hearing Requirements I. Annexation Hearing Acquirements Before a municipality may institute annexation proceedings, the governing body must conduct two public hearings at which persuns interested in the annexation are given the opportunity to be heard. Tex.Local Gov't Code i § 43,0561(a). (At this point the new annexation law appears to be internally ! 4 , Inconsistent. Section 43.056(&) of the new law states that the service plan ! ! f l must be complete before the first day of the 10th month after the month of con nplctionoftheinvemoryofservices. Further, Section 43.036(j) mandates that the service plan must be made available at the public hearings. Finally, 81. t• (s f Seel Ion 43.0561(a) states that the public hearings must be conducted not later than the 90th day after the date the inventory is ready for inspection. There fore, to be safe, a prudent municipality shoula complete the service plan within 90 days of the completion of the services Inventory.] i 2. Publication Requirements (a) A municipality must publish notice of the hearings in a newspaper of genera'. circulation In the municipality and the area to be annexed. The notice for the hearing must be published on or after the 20th day but before the 10th day of the hearing. Additionally a municipality must post notice of the hearing on its Internet website, if one exists. This notice must be posted on or after the 20th day but before the 10th day before the date of the hearing and must remain posted until the date of the hearing. Finally, a municipality must give additional notice by certified mail to: (1) each public entity and utility service provider that provides services to the area proposed for annexation; and (2) each railroad company that serves the municipality and is on the municipality's tax roil if the company's right-of-way is in the area proposed for annexation. Tex.Local Gov't Code § 43,0651(c). (b) If more than 20 adults who are permanent residents of the area to be annexed file a written protest of the annexation with the secretary of the municipality grid there is a suitable site available, at least one of the public hearings must be held in the area proposed to be annexed, If a suitable site is not reasonably available in the area, the hearing must be held in the nearest suitable public facility. Tex.Local Gov't Code § 43.0561(b), Q. Negotiations ]Tex,Local Gov't Code § 43.0562] j I . Who Negotiates (a) After holding the public hearings, a municipality shall negotiate for the provision of services to the area after annexation or for the provision of services In lieu of annexation (discussed later). Tex.Local Gov't Code § 43.OS62(a)(1). For purposes of these i negotiations, the commissioners court of the county in which the arcs J t, proposed for annexation is located shall select five representatives to J ! / negotiate with the municipality for the provision of services to the i municipality after annexation. if the area Is located in more than one county, the county in which the majority of the residents reside shall B2. t select three representatives and the other county shall select two representatives. Tex.Local Gov't Code § 43.0562(b). (b) Ifamunicipality proposes to annex a special district, the municipality and the governing body shall negotiate for the provision of services to the area after annexation or for the provision of services to the area in lieu of annexation. Tex.Local Gov't Code § 43.0562(x)(2). If more than one special district is located in the area proposed for annexation, the governing boards of the district may jointly select five representatives to negotiate with the municipality on behalf of the district. Tex.Local Gov't Code § 43.0562(c), I 2. Arbitration Regarding Negotiations for Services [Tex.Local Gov't Code § 43.0564) If, after negotiation, the municipality and the representatives for the area proposed for annexation cannot reach an agreement for the provision of services either party, by majority decision of the party's representatives, may request the appointment of an arbitrator to resolve the service plan issues in dispute. The municipality may n,)t annex the area under another section of this chapter during the pendency of the arbitration. Tex.Local Gov't Code § 43.0564(a). The authority of the arbitrator is limited to issuing a decision relating only to the service plan issues in dispute. Tex.Local Gov't Code § 43.0564(d). R. Prectearsace From The United States Department orJustice Cities are required to submit annexations to thelustice Department for preclearau. not later than the 90th day before the effective date of the annexation or the earliest date permitted under federal law. Tex.Local Gov't Code § 43.906(a). 4. ANNEXATIONSJN THE TRANSITION PERIOb As referenced above, the new annexation law became effective on September 1, 1999. Pursuant to the new law, each municipality is required to adopt an umexation plan on or before December 31, 1999. The practical import of this is that any areas included in Lie annexation plan may not be annexed prior to December 31, 2002, Between December 31, 1999, and December 31, 2002, however, a city may continue to annex any area that is not included in the annexation plan, and the former law is continued in effect for that purpose. A Section 17 ofthe new annexation law (uncodified) lists the requirements of thenew law that f must be complied with during the transition period (September 1, 1999, through December 31, 2002). The first step in determining what provisions must be complied with is to determine whether the area to be annexed would be required to be listed in the city's annexation plan. g3, U l- ' I If the territory is not required to be in the annexation plan, Section 17(e) makes certain sections of the new annexation statute applicable to annexations In which the first hearing notice is published on or after September 1, 1999. Interestingly, Section 17(d) of the new statute makes the same sections of the new statute applicable to annexation that would be required to be listed on the annexation plan, if the annexation occurs in the transition period and the first public hearing required as part of the annexation procedure is conducted on or after Septemberl, 19x1. In addition to complying with the sections of the new statute, a municipality must also comply with the sections of Chapter 43 of the Local Government Code as it existed immediately before the effective date of Senate Bill No. 89. The following is the procedure for an annexation during the transition period; A. Determine Wbetber The Area May Be Annexed 1. A city may not annex the area unless the width of the area is at least 1,000 feet at its narrowest point. Tex.Local Gov't Code § 43.054. Additionally, a city may not annex the area if it is located in the city's ETJ only because the area is contiguous to a part of the city that is less than 1,000 feet in width. Tex. Local Gov't Code § 43.0545(a). Finally, a city may not annex the area if the territory is located in the ETJ of the city because the territory is contiguous to municipal territory that: (a) was annexed before September 1, 1999; (b) was in the city's ETJ at the time of the annexation only because the territory was contiguous to municipal territory that was less than 1,000 feet at its narrowest point. Tex.Local Gov't Code § 43.0545(b). 2. These requirements do not apply to an area: (a) that is completely surrounded by incorporated territory of one or more cities; (b) for which the propertyowners have requested annexation by the city; (c) that is owned by the city; or (d) that is the subject of an industrial district contract. Textocal Gov't Code § 43.0545(c). 3. Finally, the last requirement does not apply if the territory described is no longer less than 1,000 feet in width due to subsequent annexations. i~ Tex.tocal Gov't Code § 43.0545(d). r t r 4, i hese sections of the new annexation law require that a city determine; B4. L { (a) the width of the territory to be annexed (must be 1,000 feet at its narrowest point); (b) whether the property is listed in section 43.0545(c); if not the city must determine: (1) the width of the area of the city that is contiguous to the territory proposed for annexation (must alsobe 1,000 feet in width); and (2) in regard to the area of the city that is contiguous to the territory proposed for annexation: (i) determine when it was annexed; and (ii) determine if the area was in the city's ET1 only because the area was contiguous to an existing area of the city that was less than 1,000 feet in width (does not apply if this area, following s-+bsequent annexation, is now more than 1,000 feet it width). r B. Ilew Ing Requirements 1. Before a city may institute atutexztion proceedings, the governing body of the city must conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. The hearings must be conducted on or alter the 40th day but before the 20th day before the date of the institution of the annexation proceedings. Tex.Local Gov't Code § 43052(a)(as it existed prior to the enactment of the new law), 2. A city must pubhsi w lice of the hearings In a newspaper of general circulation in the city a,.1 in the area proposed for annexation, This notice must be published at least once on or after the 20th day but before the loth day before the date of the hearing. Th.- municipality must give additional notice by certified mail to each railroad company that serves the city and is on the city's lax roll if the company's right-of-way is in the area proposed for annexation. Tex.Local Gov't Code § 43.032(c). C. Provision Of Services To Annexed Area This requirement for annexation has undergone sweeping changes in the most recent i session of the Texas Legislature. Cir es must now undertake greater efforts in ! x , providing a plan for bringing services to an annexed territory. Some of the 11 provisions of the new annexation legislation are applicable to an annexation ( occurring within the period beginning September 1, 1999, and ending December 31, 95~ C• 4 2002, The following are the procedures a city must take for an annexation of this kind, 1. Section 43.056(a) of the Local Government Code (as it existed prior to the passage of SB 89) mandates that prior to the publication of the notice of the first hearing required under Section 43.052, a city must direct its planning department, or other appropriate department, to prepare a service plan that provides for the extension of full municipal services to the area to be annexed. This also allows a city to provide the services by any means which the services are provided to other areas of the city. 2. Section 43.056(b) of the Local Government Code sets forth the requirements relating to scheduling for the provision of municipal services. Under this section, a service plan must provide for full municipal services in the annexed area no later than 2Y2 years (a reduction from the current 4i13 years) after the effective date of the annexation unless; (a) certain servicescannot reasonablybe provided within that period; and (b) the city proposes a schedule for providing the services that extends not longer than 4'h years after the effective date of the annexation. 3. In addition, all services that were required to be provided to the annexed area under Chapter 43 as it existed prior to September 1, 1999, are now required to be provided on the effective date of the annexation (rather than 60 days after the effective date as provided for in Chapter 43 as it previously existed). These services include. (a) police protection; (b) fire protection; (c) emergency medical services; (d) solid waste collection, except as provided by subsection (o), which provides that a municipality is not required to provide collection services to a person who continues to use the collection services of a privately owned collection service; (e) operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or r wastewater utility; (f) operation and maintenance of roads and streets, including road and street lighting; 8fi. `j t(g) operation and maintenance of parks; and (h) operation and maintenance of any other publicly owned facility, building or service. 4. Finally, the new statute defines full municipal services as "services provided by the annexing municipality within its full-purpose boundaries, including j water and wastewater services and excluding gas or electrical service." f[ Tex, Local Gov't Code § 43.056(c). Also, the service plan must provide that construction ofcapital improvements must be substantially completed within the period provided in the service plan (2Y: years); however, the plan maybe amended to extend this time if construction is proceeding with all deliberate speed, Tex.Local Gov't Code § 43.056(e). D. Level Of Services 1. The service plan may not provide for services in the annexed area that would teduce the level of fire, police, and emergency medical services within the city. Additionally, a service plan may not require the landowner in an area to fund the capital Improvements necessary to provide municipal services in a mariner inconsistent with Chapter 395 (impact fee statute) unless otherwise agreed to by the landowners. Finally, the service plan may not require the creation of another political subdivision. Tex.LocalGov't Code 143.056(f). 2. The service plan must provide the area with a level of services comparable to the level of services available in other parts of the city with land uses and population densities similar to those reasonably contemplated or projected in the area. Tex.Local Gov't Code § 43,056(g). This requirement has several conditions, however, as noted below. 3. If the area has a level of services equal to the level of services, infrastructure, and infrastructure maintenance provided in the corporate boundaries of the \ city before annexation the service plan must maintain that same level of services, infrastructure and infrastructure maintenance. Textocal Gov't Code § 43.056(g). 4. Finally, if the annexed area has a level of services superior to the level of services provided within the corporate limits of the municipality before annexation, the service plan must provide the annexed area with a level of services comparable to the level of services available In other pans of the city with land uses and population densities similar to those reasonably contemplated or projected in the area. If the area to be annexed has a level ' of services for operating and maintaining the infrastructure of the area superior to the level of services provided within the city, the service plan / must operate and maintain the infrastructure of the annexed area at a level of 07. i a services that is equal or superior to the level of services previously enjoyed in the annexed area. Tex.Local Gov't Code § 43.056(g). 5 It must be noted that a uniform level of full municipal services is not required if different characteristics of topography, land use and population density constitute a sufficient basis for providing different levels of service. Textocal Gov't Code § 43.056(m). E. Length Of Validity Of Service Plan 11 A service plan is effective for 10 years. A person residing or owning land in an annexed area in a municipality with a population of less than 1.6 million may enforce the service plan by applying for a writ of mandamus not later than the second anniversary of the date the person knew or should have known the municipality was not complying with the service plan. Tex.Local Gov't Code § 43.056(1). Upon application for a writ of mandamus, the municipality has the burden of proving the services have been provided in accordance with the service plan. Tex.Local Gov't Code § 43.056(1). 2. Finally, before the second anniversary date the area is included within the corporate boundaries of a municipality by annexation, a municipality may not prohibit the collection of solid waste in the area by a solid waste management provider, or impose a fee for the collection of solid waste on a person who continues to use the services of a privately owned solid waste management provider. Tex.Local Gov't Code § 43.056(n). 3. Under the new law as applied to an annexation between September 1, 1999, and December 31, 2002, a city must prepare a service plan that provides for the extension of full municipal services, in the time allowed, to the annexed area including water and wastewater, if these are provided for within the city. Additionally, there are certain municipal services that must be supplied immediately. F. Effect Of Annexation On A School District 1. Section 43.905 of the Local Government Code requires that a c ity assess the impact of the proposed annexation upon local school districts and notify the school district of any impact the proposed annexation will have. Specifically this section states: (a) a municipality that proposes to annex an area shall provide written i notice of the proposed annexation to each public school district A located in the area pr arosed for annexation within the period 88. t s i prescribed for publishing the notice of first hearing under Section ~ 43.0561 or 43.063 as applicable.2 (b) A notice to a public school district shall contain a description of: (l) the area within the district proposed for annexation; (2) any financial impact on the district resulting from the annexation, including any changes in utility costs; and (3) any proposal the municipality has to abate, reduce or limit any financial impact on the district. (c) A municipality may not proceed with the annexation unless the municipality provides the required notice 2. These requirements impose on a city the duty to assess any financial impact on a school district resulting from the annexation, in addition to requiring a city to formulate a plan to minimize the effects. Also, a city must grant a variance from the city's building code to any school district that has a non- compliant facility already existing in an area annexed by a city. Tex.Local Gov't Code § 43.905(d). Finally, if a city, as a result of annexation, provides utility services to a school district, the city must provide the utilities at the lower of: (a) the rate the district was paying before the annexation; or (b) the lower municipal rate. , G. Voting Rights After Annexation A city must apply for preclearance of any voting change resulting from the annexation from the U.S. Department of Justice not later than the 90th day before the cffectivedate ofihe annexation, or the earliest date provided for bylaw. Tex.Local Gov't Code § 43.906(a). Once the municipality has obtained preclearance from the U.S. Department of Justice, the city may not prevent a qualified voter from voting in a municipal election for any reason, Tex.Local Gov't Code § 43.906(b). 11. Perlod For Completing Annexation I r / ' For an annexation of territory not required to be included in the annexation plan, Section l 43.063 is the applicable notice section. This section provides that notice must be given on or after the 20th day but before the 10th day before the date of the first hearing. 84• ` 1 , a 1. Under section 43.053(a) of the Local Government Code, a city has 90 days from the institution of annexation proceedings to complete the annexation. This period does not accrue while a municipality is enjoined or restrained by a court from annexing the property. 2. Section 17 of the new annexation taw (uncodified) lists the requirements of the new law that must be complied with in the transition period (September 1, 1999, through December 31, 2002). The first step in determining what provisions must be complied with Is to determine whether the area to be annexed would be required lobe listed in the city's annexation plan. Section 43.052(h) provides several categories of properties not required to be included on the city's annexation plan. M area is not required to be included in an annexation plan if: (a) the area contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; (b) the area will be annexed by petition of more than 50 percent of the t -al property owners in the areas proposed for annexation or by vote or petition of the qualified voters or real property owners; (c) the area is t, r was the subject of (1) an irdustrial district contract; or (2) a straiegic part,,ership agreement; (d) the area is located in a colonia; (e) the area is annexed under Sections 43.026, 43.027, 43.029 or 43.031 as those sections exist In the prior version of Chapter 43 of the Local Government Code; i (I) the area is located completely within the boundaries of a closed military installation; or (g) the city determines that the annexation of the area is necessary to protect the area or the city from: (1) imminent destruction of property or injury to persons; or (2) a condition or use that constitutes apublic orprivatenuisance A !fry asdefrnedbyback ground principles ofnuisanceandproperty taw. 90. i i i I S. DISANNEXATION Finally, for those municipalities that wish to disannex territory, there is this warning. The Legislature has Imposed some rather severe penalties for disannexation. First, Section 43.148 of the Local Goven.ment Code mandates that a municipality must refund all money collected in taxes and fees from the disannexed area less the amount actually spent for the direct benefit of the area. Second, the waiting period for reanncxation, aAer disannexing property, is 10 years. Tex,Local Gov't Code § 43.141. Therefore, a municipality must consider disannexation fully before actually proceeding with the disannexation process. 6. CONCLUSION Easy to understand, isn't it? In conclusion, I have the following to offer. First, read, read and reread the new statute. It is terribly confusing and many cities no doubt will run afoul of its very technical requirements. Second, talk to other cities or entities that have attempted to follow the new law and learn from them. What problems did they encounter? Have they been challenged? Were they successful or not? Third, ifyou are s lawyer, check the advance sheets to see if there is any new C reported cases interpreting Senate Bill No. 89 or any of its provisions. While it may still be early, this new statute no doubt will spawn litigation. Fourth, good luck) 91, a r ~ w~►G`4 ~QJJ(SfW1 f f b/J Revised Secl ~ m 3 1 Growth Managermerft 8r. Land Use C. GRO HANDOUT TO COUNCIL 10/2611e. 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 Infrastructure should be promoted. b. The community should establish development rules that are clearly stated, administered of lently, 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 city. d. Zoning should be used to Identify performance standards that show land uses In defined districts based on their ability to mitigate potential negative Impacts on neighboring property. e. 0evelopment guidelines should be established to allow a wider range of land uses to coexist within dose proximity to each other. Site design principles, and et'feollve buffering should be investigated as possible tools to promote land use compatibility and encourage davetopmentai 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 enoouraged. h. The elty sheulA be d"lgned whb all ssemea of transperlallee to Mad. lrubllo !Hash, bleyeie, taedeohlaa llnkag" mad stroels are all Imperlmnl earmponsnts of lrensperlatien Planning. 1. Denton's ability to grow and expand should be identified In the stye annexation strategy. 2. Specific Stnts4fee • Quality of Growth Quality of growth will be strongly managed. • Quantl_ty, of, _0 owtlr l " Quantity of growth will be managed through adequate pubtlc facilities requirements and pwsctiva planned extensions of service. waean wc..ww~aeriaew n. ~a Page a I RetvisW Section 3 GnwA:h Management ( & Lund Use Location o growth wi n be strongly managed. Tlmina of Growth Tuning 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 southam city borders, provided development pays its own way, except where the city 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 malntain 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 septic systems and wells. C. 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 will vary based upon each location's soils. The remaining lend 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. 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 be 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 renter 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 leaner, or small professional offices. Residential uses could occur at higher densities with town homes or resldential flats above service oriented uses. Open space would be encouraged In neighborhood centers with park uses including central neighborhood'greene and f oodplain presentation. 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. The mix of uses Identified to , support each neighborhood may be developed to incorporate shops on the ground floor and offices or residences on the upper floors. r F61PQAd4 10 IN 0011"A@ F1111111111diAliml ddlii 1110111101II1111111il 11111111111 1111181111 GA l f. pageFns, Now residentld dovolopment wFthfn or adjacent to oxisUng u.ener wn.+a raven,>uoaa.wr. Page 9 ` f Revised Section 3 Gmvth Management Lk lark! Use residential ar*aa shall have compatible land use and development patterns. Existing neighborhoods within the city ere protected and preserved. g. Infill development In the downtown district will complement the preservation, restorations redevelopment that have talon place there. Also, it is recommended that the ay consider creating university districts at LINT and TWU. These districts would focus on developing compatible, supporting land uses adjacent to the universities. h. 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 lousing in order to bettor support the needs of UNT and TWU. Additionally, other "a 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 impacts upon the city. 1. Accommodate future commercial uses at key nodes thrjughout the city. It Is recommended that commercial uses not be located continuously along corridors in a 'strip' manner. 1. Accommodate business in several activity centers. At the intersection of loop 288 and IH 35, the plan calls for activiy, center. This center would be a mixed-use center containing office, retell, 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 medicaly, related offices with a mix of supporting uses. A third activity center on the south aide of town would be located at the City's j ETJ along IH 35 west. This center would probe by develop after the first two activity II centers and could support general office uses or activities supporting Alliance i Airport, k. sasomAwdisto W-1-1101960 lots. Areas Immediately adjacent to the a!rport would be reserved for Industrial uses. Industrial uses are typically very compatible with airports due to Was restrictions. These could include light manufacturing, distribution centers, or other Industrial uses compatible with the city's environmental quality policies. Existing ftoodptalns In this area could provide an effective visual buffer between Industrial uses and other surrounding uses, 1. Locate future parks and Institutional uses as required to adequeteiy support future residential development. These uses will be located In a Qrtner that onoourages developing a sense of community buNQirp within neighborhoods, The layout of neighborhoods should pwvfds Iowa upon oncorporate these facilities, with strong web.nHo-c..uoofaw+oawe.bb Rage 10 1 "R6VL% d Section 3 Growth a sagernent ( 8r, Land Use pedestrian in from the surrounding neighborhoods, a w+ links the city's regional pedestrian and transportation systems. m. Preserve the 1100-year floodplain to provide adequate drainage systems, wildlife habitats preservation, passive recreational uses, trails systems, and buffers between Incompatible land uses. n. 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. o. Consider the city's urban design objectives on a more site-specific basis. tll. Key Planning Principles 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 vislon, of Denton citizens and the ways we can take to achieve that vislon. 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, and a city 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 I Community eustainability 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 tho integrity of the ecological systems upon which all Ida and production depends. This implies a ranee of fairness and Justice within the community, across generations, and across communtti. s. The citizens of Denton stated that they wish to live 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 environmai t, A community In balance is resilient and sustainable. The a practical aspect of land use balance Is reflected In the ratio between residential and ( f nonresidential uses and the relationships among reeldenlial and nonresklentlat 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 accommodate a balance of land uses. MtlnM NDDmk" FOWO-7Lp Al biw page 11 r,Revised Bastion 3 Growth NIRANU- it ( r& Land Use D. PRINCIPLE OF MAINTENART A city must allow development to occur that prov1de3 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 expend the tax base of the community and that adequate resources are made available to maintain and enhance public lands and facilities. s N. Goals 8 Strafegles Within the land use plan framework of neighborhood, community, and regional classifications are found the more traditional reaidenllal, commercial, and civic land uses. in addition, the plan also establishes several districts that are of special interest to the community: • The Downtown University Core District • Ray Roberts Lake • The Denton Munlcipal Airport a Industrial districts 0 Employment districts 6 The city's undeveloped 100-year floodp lain area A summary of developed, undeveloped, and zoned land In the city follows: MEW TABLE01 City of Denton 1995 Summt of Devslo d Land Uses Und Use Developed Percent of Percent of Area All Developed All Ana (Acres) Ana In City Residential 8879 50.0 49.8 Commercial 1,235 9.4 3.8 Industrial Moir 8.8 3.4 CIVIC 4.M 30.9 12.0 Under Construction 17 0.0 0.0 Total 13,184 100 38.8 Developed Total 20,818 81.7 Undavelo d Total 34,002 100 A Ana rce; Noah antral Texas Council Governments, 1095 Land Uses v wsmMMao***NOW, waw.w.w Page 12 a Ralvlsed Section 3 ( & Land use NEW TABLE #2 city of Denton 1 Zonlnp si88 Summa of Zonin clasalAoavons Classification Area Perwrrt (Acres) of all rlculhunl A Zoned Area One farm Dwells SF-18 14150 39.5 One fam Dwells SF-13 1078 3.0 One Fame Dwells SF•10 8 0'0 One Fam Dwellin SF 2 042 016.7 3830 1 Two Fam' 2 10.1 241 0. Multifami Restricted F.R 44 0 MultNami DweIff 1 MF•1 '1 1 f Muitifarrq Dwells 2 MF-2 n2 2,1 Park) P 782 2.2 Office 0 7 0.0 Ne hborhood Ss NS 158 0.4 General Retail GR 15 0.0 Commercial C 433 1.2 Central Business CB 1548 4.3 L ht lndustdal LI 0.1 4888 Industial HI 448 12.4 417 0.3 Planned Devsl nl on Total 0209 17,3 Source: City of Denton GI Zoni ~pYe 38 742 700 np reps, Octoeer 199e A. RESIDENTIAL W UU Houslr>Q is the predominant land use In Denton, accounting for about half of the developed land in the city. The city's 1tip8 housing stock of eingle-farr* residences housing units In Denton and used 82 percent of all re"rifa!Irt devebP ~ land, 4 pan av ra all density of 2.6 unlls , with an averepe MultKamlly residences ®cro, renplnp from muNipls-acro properUas b g to g unib per aae. percent of all reefdentlel~ Qeve~ 4S percenl o! elf housing unib in Denton In 1 gg8 and used g range of 8 to 60 unite bped "d' th an average density of 24.8 units per acre and a per sae, .r ( ~ I "M660 mmoom" psimr.1A aP4 Papa 13 i Revised Section 3 Growth Mars~ement & Lard Use summary o residentially eve ope land, an uses, a zoned in the city owe: NEW TABLE /t City of Denton 1405 Developed Realdenttal Land Uses Type of Area Number Density Residential Developed of (Units per Land Use Acres HousIngi Units Developed Aon Single.-Family 51504 14,387 2.81 Multi-Family 647 13,476 24.84 Other Residential 828 2,323 3.70 Total Residential 5 674 3414! 4.52 Source: NoM Central Texas Council of Govemmenb, 1og5 Lend Use North Central Texas Council of Governments, 1448 Current Mousing Esemstea Odnieons: Single Family means one-famlly detached unit and duplexes. MuN-Fam j(Ir means structures with three or more separate units such as apartments, tavnhouses and oondominlums, other Reeldenllel includes moblle homes Inside mobile home ps*s and free standing units outside paAu. Also includes group quarters or nursing homes, orphanages, cons" dormitories, jail, mllitery be" personnel quarbnrs, NEW TABLE 04 City of Denton 1445 Developed Residential Land Uses As a Percent of All Developed Land Type of Residential Area PsraM of Land Use Covet* Acne AEI Dewio Arse Single Family 515M 41.7 Muir-Famide 647 4.1 Other Resintial 828 4.7 j Total Residential 5,874 80.5 DAvalo gveloped Area 11 13,184 100 Dwelo Ana roe, Nath ntral Texas Co Governments. 1905 and Use North Central Texas Council of Governments, IM Current Housing Estimates Wd~woMroow+Nrw.r+o.xl.whwwn Page 14 c Revised Section 3 Va VWth Man gernent ( r& land Use NEW TABLE INS City of Denton 1298 Residential Zoning ClessiflcatIon Zoning "Straight" PD Total Percent ClasslAcallon Zoned Zoned Zoned Of All Area Area Area Zoned Acres Acres Acres Land Agricultural A 14148.8 5.2 14 155.0 39.8 One Famil Dwellin SF•18 1478.1 41.3 K363.3 3.1 One Family Dwelling; SF•13 7.8 25.3 0.0 One Family Dwelling SF•10 204'.3 385.4 8.7 One Family Dwellf SF• 3 829.7 1,053,5 13.1 One Fami Dwelfi Small 204.8 0.5 Two Fai Dwelli 2F 240.7 122.8 1.0 Multil Restricted MF-R 44.3 267,7 0,8 Multitsmil Dwellln 1 MF•1 771.8 813.0 1584.6 4.4 Multifamily Dwellin 2 MF•2 792.3 792.3 2.2 Total Residential 22 754.8 2 918.8 28 873,4 71.8 Total Zoned Ana 29 832,8 8209.4 35 741A 118 urce: City of Denton OIS Zoning Coverage es of ober 29,1198 i Oct Notes: MF-2 to the zoning clessMcafion used for land owned and deveioped by the Universly of North Tom and Tout Women's University, Including their golf oourses. 1. Primary Residential Land Use Principles a ROMIN"hWiti Freearva Exlstins Nelmhbodwo e The preservation of existing and future nelghborhoods can be achieved by demanding high-quality development through 60ablishing design and construction standards that are fair and ev" applied. a. Promote a Diverse Housing Stock The residential oomponent of the land-use pisn should be to allow all types of people to No 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. Urn it Scrawl The residential component of the lend-use plan should guide development of housing patterns that limits sprawl, accommodates projected housing demand, and allow quality high density development where it Is dose to jobs, shopping, schools, , and transit 2. Housing Target Densitles by Ana rAdMIM MDOW40 FudVID- l*%b n Page 16 r: Revised Section 3 Growth M&A ement ( & Land Use Housing should be allowed within a en seas excep industrial 1s However, long-term care facilities and boarding and rooming houses may be feasible In some cases within Industrial districts. • Average residential densities will be the same as exists today. f • There will continue to be a citywide average of 2,8 people per single-family residential unit and 1.8 people per multifamily unit Th e evgmas citywide single-family lot size will continue to be 10,000 SF, which l • corresponds to a density of 3 units per acre. The single-family residential density in neighborhood centers will average 4 units per acre, • The aversoe citywide density for multifamily development will continue to be 144 units per acre, which corresponds to existing development patterns. • The minimum kit size for single-family tow-density development will be 2 acres, or more if required to support a septic system. NOTE: Retirement homes, manufactured homes, group goorters, and other housing types were included in this calculation. NOTE: Densities higher than the average 3 units per acre for single-family and the average 14 units per acre for multifamily wilt not be allowed with new proposals until our ( sdop0on of the development oode. 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, i adequacy of public facilities, and amenities provision will be oodied and applied to all development. The rationale govoming the regulation of residential density inctu0is the following points: a. Dense development can magnify negative Impacts If Improperly constructed. a. Denton has experienced first hand the detrimental effects of h4"snsity development that have caused resident wncem, a. As density Increases, Nis expectations of quality and assurance of proper regulation r r must Increase. wren wao.•re r•~w, o-aHS w• Page Is c I Revised Section 3 Ckowth Managemerrt ( & L.Kd Use a. As density increases, the -W r r a eve open to provide higher quality an more amenities per dwelling unit Increases. The city will use these opportunities advantageously Density swapping a. Density Increases can be used advantageously to protect or acquire lands that are environmentally sensitive or of significant value to ft city. The recommended land use plan Identifies the areas that will be treated as separate 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. 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. I I 3. Residential Neighborhood Districts a. Existina ResidentisOnM Compatibility Within established residential areas, new development should responds to existing development with compatible land uses, patterns, and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved, Housing that is compatible with the existing density, neighborhood service, and commercial land uses Is allowed. b. Neighbofiood CentarslNew Neighborhoods Within the undeveloped urban and urbanizing areas of the city, mixed-use and mixed housing typos 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 & to 10-minute walking distance from the edge of the neighborhood. The center would contain uses necessary to support I the surrounding neighborhood. These support uses could Include service cidented retail such as a small grocery, hair salon, dry leaner or small professional offices. Realdential uses could occur at higher densities with townhomes or residential flats above service oriented used. Open space would be encouraged In neighborhood centers with park uses including central neighborhood "preens" and floodplsln 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 reeldenoes on the upper floor. A c, Large-Lot Rural r 1 ~ Single family large-lot residential uses will be flowed to develop in areas outside of w r the urbanizing areas. The size of fine bts In these areas will be !used upon the area t Mae~ HD ONMO rm. ,4aoa Page 1 y Revised Section 3 Growth Management & Land Use regw support a septic system, and wig very as upon ea s The remaining land within these areas would remain as agricultural uses. (State requires 112 acre) I d. Other Resldontial Residential uses *11 occur within the central business district dewnkwn wriveaityoam, community mixed use centers, reglonet 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 s pattern of development that focuses on the mixed-use center, (See Urban Design) 4. Gals 3 Strategies a. Balance Accommodate balanced future residential developments: l) between residential and nonresidential land uses, and, 2) among the various types, styles and prices of housing. 1) Goals Maintain about 60 percent of the developed land area within the city as residential land uses. Increase the percentage of owner-occupied housh., 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 effect desired residential land use Including; a) For land that has been developed, maintain minimum residential lot sizes In the zoning code to protect existing nelghboduWs. b) For undeveloped land, take Into account both minimum residentlaI lot size and 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, l d) Encourage a variety of housing eyes, types and prices with large, newly developed neighborhoods. b. Meet Proiected 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 accommodate projected demand. 1) Goal Accommodate 27,000 single-family homes and 18,000 multifamily units by j the year to bring the ratio of single to nwithmiy housing from 51:49 In 1998 to 68:42 in 2020. (How will we pmfi fire MF to 180) 2) Sbafegles i Wes I MD.OWWFoar.1W"@-%bb Page 1a z I Rwisod Section 3 Grywlh MMUMMI "A 4 ( & LOW to" a s s a use art or ng growth menr gement *obgy. b) Estsbpsh mixed-use deve4rr&nt areas that allow housing in regional, community, and neighborhood center and the Downtown Unlva" Core District Wham document MtmMlahoe this? C f~ ~ I I i 'A rwrn~*Oft"rwriC7 of Pegs 19 c Revised Section 3 Growth Management ( & Land Use c. Increase housing opportunities In the core of the city, f) Goals Accommodate urban-syle-housing units In the university aereares by 2020. Accommodate owner-occupied (condominiums, townhouses, duplexes and single-family detached) housing units inside the loop (Loop 288,1-35 and I- 35E). Revise the development regulations and allow urban-style housing In mixed-use districts. Preserve the stock of existing SP housing within the city, 2) Strategies a) Define a downtown university core district and develop f.maB area plans that Identify specific housing opportunities and goals. j b) Establish a varlable-rate Impact fee for water distriw,don and wastewater collection lines that encourages development in tie center of the city. c) 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. d) Encourage all new development to be contiguous to existing development, a) Establish regulations that allow neighborhood-oriented, nor.rasldential 1 land uses In neighborhood centers. 4 Allow higher-density, single and multifamity housing along major arterial roads and near Intersections of arterial and collector roads. d. Wrielty Whgra it Makes Sense To achieve environments? 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 end 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) Stralegles a) Allow high-density urban-style housing in appropriate areas within the downtown university care and other activity centers. b) Adopt minimum density standards in seNty centers. r c) Require adequate levels of eerv3ce prior to residential development e. d _ ! r yaar1loo0ploin, (!s this a QM*1l sb01egy9) rwwFo-aw Page 20 c Revised Section 3 Growth Nl~agement ( & Land Use IS. U12MMERCLAL LAND U3K5 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. Commerciat activity providos return j on Investment for business and property owners, employment opportunities for local resldents, I and an economic base for local taxing enbbes. 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. i A summary of co,nmercially developed and zoned lend in the city follows: NEW TABLE t7A i City of Denton i 1995 Developed Commercial Land Uses Commercial All Percent of All Develo d Ana Develo d Area Davrelooscl Area Acres 1,235 13,184 9.4 Source: North Central Texas Council of Governments,1 D95 Land Use Definitions: Corr (af Includes all offce structures and retail buildings, such as department stores, repair shops, superri and restaurants, as well as hotels and motels. NEW TABLE N7 City of Denton 1998 Commercial Zoning Clesslficattons Zoning Ana Percent of Claselflcedon Acres All Zoned Land C+frnn to) 158.3 0.4 Neighborhood service NS 14.9 0.0 \ General Retail GR 432,9 1.2 j Commercial C 1,545.8 4.3 Centel Business CB 54,5 0.1 Planned Dove ments 1,739.91 4.8 Total Commercial 3 948.1 11.0 Total Zoned Area 33174111i 100 Source: City of Denton 013 Zoning Coverage at october 29, 1996 City of Denton Planning Dept.; Planned Development Summary; March 1998 1. PrtmsryCon-mmrclal Land•Use Prlncipies ti e. Maintaininu Balance It is the desire of the residents of Denton to maintain and enhance the balance between residential and oommercial land uses and assessed volume in Denton. s.a~+aawroeraw+a~awti.a, Page 21 I III ROAMA Section 3 Growth 111wilmugemerd ( & land Use Develop n One of the overall goals of the land use plan is to limit the amount of strip commercial development along Denton's arledal 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 sustalnobility of structures. 2. Commercial Lend•Use Ciasslflcettons a. Reolonal Activity 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 I" uses than any other activity center. It includes vertically Integrated uses where different uses may occur on each Poor of the building. b. Community Activity Center The focus area of a community activity center owlains the shopping, services, ( recreation, employmont, 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, mid-size 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. Nelohborhood Center Services The focus area of a neighborhood center contains facilities vital to the day-today activity of the neighborhood. A neighborhood center might oontsIn 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 different uses may occur on each floor of the NiIding. d. Downtown and University Gore Districts The downtown and university 9erOdistricts should be # or* places of great vitality, with a mix of educational, residential, retail, office, service, government, cultural, and entertainment development The health and vitality of the area can contribute In a L ti major way to the city, it's local and regional Image, and quality of Ile. It Is a place r , where resldento can live, work, loam, and May In the same nelghboftW. It Include; ✓f r l~ in which different uses may occur on each flow of the building. wd+w,~aaweroiw+aeFOrru.rw Psga~jZ~ c Revised Section 3 Growth Nlanageirnem ( & Land Use Goals 46 to ag s a. O_ Lganize Commercial Land Uses: 1) Goals a) To provide for reasonable amounts and distribution of various types of commercial tend use in attractive and waft4ocated settings. b)To provide for commercial activities in planned activity or neighborhood centers, rather th*o•- en scattered sites or highway strips. e)To develop acinr,, centers where commercial uses, professional offices, and public facilities are Whited near residential development, while providing safe and convenient pedestrian access. d)To maintain, Intensity, arWor expand existing commercial areas, where appropriate, while removing commercial uses from, and stopping Intrusions intu areas not appropriate for commercial use. *)To locate nelghborhoodoriented, commercial activities conveniently to dwelling units in order to minimize the need for frequent automobile trips for everyday household needs. f)To encourage the location of day-care centers, housing, churches, social clubs, and other quasipublic uses within or adjacent to activity centers in order to share public facilities and help establish these areas as focal points. 2) Saalegles a) As commercial areas 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. c) Commercial development occurs only in activity, centers that are appropriate to its service and trade area and that are compatible with adjacent existing and 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 e) 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. Dsvetoo Desion Standards: ' 1) Goals To provide for convenient, sestheticelty pleasing, and envlronmentaly sound commercial opportunities that are easily accessible to the existing transportation network. To encourage and provide for the upgrading and r,+KMWH000hMFO V10-2 WRrW0 Page 23 i( F t I I t I Revised Section 3 t;rvwh Nim"ement & Land Use man nonce o commeraa com ors. 11 o eve an man n a ea y, vital downtown. (See Urban Ensign Section) 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, berme, fencing, and the siting of structures. Facades, architectural screening (walls, fences, parapets, etc.) and a unified landscape treatment Is consistent and creates an Identifiable activity center. c) Neighborhood centers may Include uses speciflcaRy supportive of the neighborhood, uses in scale with residential structures, and service-0riented uses such as daycare centers, dry cleaners, comer stores, civic structue as, 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. e) Buildings are designed to be compatible with the established character and built form, or with surrounding development. C. Maintain a Diversity of Land ises in the rrMmunity f) Goals 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 will also be useful. 2) Strategy a) The amount and type of proposed rots ilcommarcial uses permitted In an activity center Is based upon an analysis of the potential market generated by the size end type of population that will five within the centers market area. The analysis should also take into consideration all other nearby existing or ! ! " ( approved commercial uses and the possibility of overtopping service areas. "raw" ri rw.-.w.urn na Page 24 iI k I i j Revised Section 3 Growth Management & Land Use C. INDUE99ND21HOM The role of Industry in Denton Is relatively new. Two historic Industries date back to before the turn of the century: MoniSon'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 pest 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 (needy 8 square miles) of IndusMally zoned land located thra3ghout 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. Internal existing infrastructure varies as well as directlindirect highway access. It is very important that opportunities for public/private development partnerships be formed to Identify and encourage addressing specific infrastructure needs within the industrial and employment centers. A reseAYyRcompleled land use inventory Indicates that there are approximately 1,187 acres of developed industrial land use, less than 24 percent of the industrially zoned land within the city. The developed industrial land represents 18 acres per thousand population. A summary of industrially developed and zoned land in the city follows: NEW TABLE 08 City of Denton 1995 Developed Industrial Land Uses Industrial All Percent of Developed Developed All Developed Area Area Area Acres 1,187 13,184 8.8 Source: North Central Texas Council of Governments, 1995 Land Use Definitions: bdystlej includes manufacturing plants. warehouses, office showrooms, eta. NEW TABLE N9 City of Denton 199E Industrial Zoning Classifications Zoning Ana Percert of Classification Acres Ail Zoned Land Light Industrial U 4,448,5 12.4 Heavy Industrial Hi 118.5 0.3 A , Planned De is 532.7 1.4 1 / Total Commercial 3,097.7 14,2 Total Zoned Area 35 741.9 100 Source: City of Denton GIS Zoning Coverage as of October 29. 1998 City of Denton, Plenned Dovebpment Summery, March 1998 rn.dwr~tzo.rgr,e.,o-usma.Ma Page 26 I Revised Seatian 3 Growth Management { $ Land Use Note: Planned development a as ice on u ness Park' that allowed commercial and Industrial uses. For the Purposes of these tables, business park has been Included in commercial land uses. Community goals should be inoorporated Into industrial recruitment and expansion programs. Therefore, a primary goal of economic diversification Is to attract and recruit Industries that use high-quality environmental practices, bring new capital into the economy, and provide higher- then-average wage jobs. Just as important as the make-up of Industry within Denton Is Its location. The land use plan focuses on designated locations for certain types of industrial uses with large manufacturing facilities locating in industrial centers and light manufadudng facilities in both Industrial centers and employment centers. Current development standards and permitted uses should be reviewed to ensure compatibility within the centers and surrounding land uses. 1. Primary Industrial Land Use Principles a. Omanizino to Minimize 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. Develooino Performance Standards just as the quality of oommerdal 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 comers may also accommodate complementary and supporting uses such as convenience shopping and childcare centers. There will most likely be instances where Industrial and manufacturing processes used in Industrial centers may be charederlsticaly incompatible with residential uses. b. Employment Centers Employment centers are Intended to provide locations for a variety of workplaces, Including limited light manufacturing uses, research and development activities, offices, and InstluSons. Employment centers are also intended to accommodate secondary uses that complement or support the primary workplace uses, such as hotels, restaurants, convenience shopping, and child-care. r Additionally, employment centers are intended to: • Encourage the development of office and business workplaces In close (1 ✓ proximity to housing, civic, and recreational uses; Promote excellence in the design and oonstruction of buildings, outdoor ~l spaces, transportation facilities, and streetacepes; ~~.nwt.+wr~ur+aarwA.ur Page 26 r Revised Section 3 Gnolwth Management ( & Land Use • Direct the development o workplaces consistent with the availebility o public facilities and services; and, • Continue the vitality and quality of life in adjacent neighborhoods. 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 materals, or a use engaged In storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous conditions. Industrial would also indude time uses engaged In the cleaning of equipment or work processes involving solvents, solid waste or sanitary waste transfer stations, recycling establishments, and transport terminals (truck terminals, public works yards, container storage). Industrial uses would be allowed in indusWal centers as designated on the land use plan. d. Upht industrial Uses Llght industrial uses could be described as those engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products. Further, fight Industrial would Include the manufacture of electronic Instruments, preparation of food products, pharmaceutical manufacturing, research and scientific laboratories, and similar uses. Light industrial uses would not indude mining and extracting Industries, petrochemical industries, 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. Heavy Industries that meat parfermance standards will not be permitted. 3. Industrial Centers The land use plan identifies four industrial cents . Denton is strategically located at the junction of U.S. Interstate 35, 35East, and 35West, 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. Weslem Industrial Center Denton's largest industrial area Is located in the westem-most Denton, with the Denton Municipal Airport as its central focus. 11 is bordered by U.S. Interstate 35 on the east, by the proposed extension of Loop 288 on the weal, and by U.S. Highway 380 on the north. b. Ante 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 ✓ f This center is located in the southeast portion of the city with Loop 288 providing the northwestern boundary and the abandoned railroad providing the southwestern boundary. ws+.n co.+mvrwwroaeaaA,►b Page" .0 Revised Section 3 Growth Arecollw4jesned d. Northeast Industrial ( & Land Use Center This industrial center is located on the north side of U.S. 380, immediately seat of Loop 288 in the northeast portion of the city. The Union Pacific Ralroad runs along the northern boundary of the eras. 3. Employment Centers a. Northwest Employment 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 k b. Southwest Employment Center t The Southwest Employment Center Is located south of the Western Industrial Center on the west side of I-35W. The proposed Loop 288 extension defines the western boundary of the center. c. East Loop 288 EmDlovment Center This center runs along both sides of the eastemmost portion of Loop 288 from McKinney north beyond Mingo Road. d. North Texas Research Park Emolovment Center This center la located In the southeast portion of Denton. The oenler extends past Woodrow Lane on the west and past Mayhilh on the east Spencer Road provides the southern boundary. The northern boundary is formed by the floodplain between Woodrow and Loop 288. 4. Goals end Strategies a. Infrastructure Partnerships r) coal Whensvsryessible, neessssry, 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 fine with economic diversification and environmental policy statements. b. Marketiina Partnerships 1) Goer The economic development partnership formed by the City of Denton and the Denton Chamber of Comm" should work clos* with property owners A within each industrial district to market lend to businesses identified as ! r appropriate for each district. l Mid W woo.wq Fau..io-a~w.a Page 28 i l t A i Revised Section 3 Growth Man Ageme It ( t& Land Use sites. b) Create a target list of businesses suitable for each district to be Included In the overall marketing plan. C) 6aeeurage Consider publ ivete partnerships to stimulate location and expansion of businesses within the districts. c. Uphmsity Partnerships i} CoW 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) Continuo to develop partnerships with the higher education Institutions, focusing on the development of research activities, training, end entrepreneurial opportunities. b) Assist the higher education institutions In creating links with private industry. 0. CMC LAND USES Chic 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 private schools. ( It is inaccurate to figure the percentage of the civic tend Into the Wei of the developed land, since a sizable potion of the dvie tends are In the undeveloped potions of the ciV) 1 f f, ~ 1 11,694 rawWOhWW1DWWK$. w Page 29 Revised Section 3 Growth Managent A ( & Land Use summary o developed can o ows: NEW TABLE /10 City of Denton 1995 Developed Civic Land Uses Type of Civic Area Percent of All Land Use Developed Developed Acres Land Institutional 1062 8.0 Infrastructure 1838 13.9 Dediceled 1060 8.0 Water 128 0.3 Total Civic 4,086 30.9 Source: North Central Texas Council of Governments, 1995 Land Use Definitions: Instil tioatf includes uses such as churches, government facilities, museums, schools, hospitats, medical clinks, libraries, and military bases. ktrashueture Includes all roads, airports, (including terminals and runways, railroads, radio and television communication stations, truck terminals, sewage treatment and power plants, power line easements, pump stations, water treatment plants, and water systems, etc. Dedkeled land includes all public and private parks, goff 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. to Ineludos all water bodies. In addition to the local municipal government. Denton is fame 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 slgnificsnt land holdings. In addition, within Denton there are two major Interstate highways, two major railroad rtghtscf--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 landmarks. 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 j use of lard. Civic land uses can be used to prevent strip commercial development along the IJ regional and community highway system. 1. Role of the Unlversltles 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 , f employers In the Community and are the most adgnficani scoNAnic engine In Denson. lAdlQually, each @AMV wme 'and area the! ls;966 lh&A MaAy FGG@Amy Platted SWIllsIMSIDAS `JJ Within these lands are recreational facilities, gotf courses at the two universities, and open space and park lands at many schools, that have community-wide benefits. u.6AM0 00DOO"rakrfo-aoarkwW Page 30 I 1 I Revised Section 3 Growth Managenwint r& Laud Use 2. Impact on Tax Bass The tax base of the community has historically been thought of as 'taxable property', but since the advent of the additional cent sates tax in Denton, total city sales taxes collected are now greater than the total city properly taxes. The dominant tax base in Denton is now taxable expenditures. Even though public Institutions do not appear on the property tax rolls, thelr Impact on the city's tax base Is BignificanL 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 tau bass. Utility profits derfved from the universities are an important benefit to the city. E Less stgnificant Is the role of these civic land uses on the tax base of the local school district and Denton Couny. 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 ar+! the Investment of community commercial entities seeking to capture the expenditures of the institutions and their employees. ` Civic Tend uses include lands owned by public or private nonprofit entities that are accessible to the general pubfic and contribute to the We 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 prtvately-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. Prov ding Adequate Public Facilities One o! the primary functions of civic land uses is to support existing and proposed development with adequate public facilities. Adequate public facilities shall be a criterion by which zoning approval Is granted. b. f3utidbng LenjMMj A measure of the k'enliy 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. a Enhancing Cortidora Civic lend uses, Including the d ys corridors themselves, can be enhanced to distinguish and encourage the beautification of the non-civic land uses along these corridors. , E. MUNI~IPAL 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 11tl1o/~ IQqugoe F~11i ZB iOHMtiw Page 311 r ~I I ~I Revised Section 3 Growth Management ( & Land Lb e centralized or decentralized a they are managed se on performance standards related growth, new development, service standards, and convenience. The development and Implementation of goals and policies helps the city to ensure public facilities will be available b 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 facilities include a vast number of local government buildings, facilities, and places, including; • Streets • utilities • Police facilities • Fire facilities • Parka 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 maintain comparable public facilities. Denton County maintains its general government, courts and jail facilities. The State of Texas maintains many general 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 Servfcs Public facilities maybe 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. Goals 8 Stratagles a. Adecuete Public Facilities iJ Gee! To provide public facilities adequate to support the future development of Denton. 2) Strategies a) Identify thresholds of development that require civic support and ~r investment In civic facilities. 4 r b) Combine civic uses for most efficient use of resources - for exempla, the location of city parks adjacent to school facilities. w~e.n ~aq rourras•• a w Page 32 j I I c Revised Section 3 Growth Management ( & Land Use b. ROO at n f) Goa! To organize civic land uses Into regional activity centers. 2) Strangles I a) Locate major recreational activity centers within or adjeoent to regional activity centers, Industrial ty , 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. Commnity Center Activities 1) Goal To organize We land uses Into community activity centers. 2) Strangles a) Locate middle schools within or adjacent to community activity centers. ( b) Churches, service dubs, and other quesipubliic uses are encouraged to locate within appropriate activity centers, to help establish these areas as focal points and to provide for the sharing of parking and other facilities. c. hlelahborlmd Center Activillea f) Goal To organize civic lend uses Into neighborhood centers. 2) Sfrafegy a) Locate elementary schools within or adjacent to neighborhood centers. d. Landmarks 1) Goal To develop civic landmarks. 2) Sbafagfes a) Provide a budget for exemplary archite&ral details when constructing community facilities. b) Develop civic landmarks that lead by example. r e. Leadino Development 1) Goal \ ( To utilize civic land uses to teed and guide other development +ad wo.e, FOMWl 40-RWM M Page 33 1 Revised Section 3 Growth Manag unett# { & Land Use egies a) Locate civic facilities along major corridors to prevent strip commercial developmenL f b) Implement the parks and recreation master plan to provide a system of parks and greenways. f 1 F. SPECIAL DISTRICTS i Use of small area plans will be used h develop distinctive and specific plans for special disb1cis i or areas of the city that require specific treatment because of that areas uniqueness or specific Issues should be used. Within the planning area, several special districts warrant special attention because of theIr unique character, special role In the land use paltems, or unique opportunities for the i community. They Include: • The Central Business District/ Univeretty Districts o The Ray Roberts Lake District a The Denton Municipal Airport Area • The undeveloped 100-year floodpiains l These special districts help knit the components of the community Into a place that has unique identity and spacial 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 city rather than a collection of Individual neighborhoods and subdivisions. 1. The Downtown Untverelty Core District Residents will continue to view the downtown and university areas are esre ass unique and dominant areas In the heart of the city-Bret which merits speclat planning attention. A comprehensive downtown revitalization program, based on the strategies of the Terse Main Street program, should be implemented to maintain the momentum created by recent successes and Improvements. It is important to encourage the broadest min 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. Denton's image is strongly influenced by its universities, and efforts should be made to 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 2WI proposal, the city allocated funds to begin the connectivity process. Street and r landscape improvements are being designed to improve downtown and begin the creation r of an 'arts corridor" linklog the Visual Arts Center with the courthouse square. L mow n wowvo r u. ,aa oo n. ~e Page 34 I i III Revised Section 3 Growth Martagemer4 ( & Land Use The uniqueness of the downtown ■nd university districts driven create ■ sot of special needs specllieally torahs those areas. Further study should investigate zoning, parking, special mixed-uses, density, and the creation of tax Increment financing or other special Improvement distrwMs. Considerrtion of a historic district for downtown and conservation districts oloft"ImlLocust should be Investigated. Small area plans should be used to delineate special needs areas within the district 2. The Ray Roberts Lake District Perhaps the greatest environmental, economic, and recreation asset of the city, 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 cities of Dallas and Denton. Balancing these competing interests - recreation1development 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. Located twelve miles north of the city and forty-fare miles from the heart of the metroplex, Ray Roberts Lake net only supplies Denton and Dallas with a significant raw water source, but also offers an outdoor recreation experience rarely found so ciose 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 surface area, 19,216 acres of recreation and wildlife management area are associated with the take. The authorized purposes of the lake are water supply for Dallas and Denton, recreation (specifically parks, boat ramps, camping sites, and trails), and fish and wildlife conservation and enhancement I 3. The Denton Municlpal Afrporl The economy plays a major role in the health and vitality of the aviation Industry and is reflected in the amount of hangar and business development at municipal airports throughout the nation. Aviation development at the Denton Municipal Airport was nearly nonexistent during the 19809 - a low point in the nation's aviation economy. However, the city has witnessed a slgn&Ant increase In airport development in the last three years. It Is important that expansion and capital improvemen' ontinue to be coordinated with the Federal Aviation Administration and Texas Departo enl 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 dose 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 supplemenlation of standard zoning and building provisions (e,g., landscape ordinance, zero ' lot (ines, fire, and building codes), 4. The Undeveloped Floodplalns of the Area / Among the mc.-at dominant physical features of the planning area are the floodplain areas of Clear Creek, Cooper Creek, Pecan Creek and Hickory Creek. Within the planning ores, MW,ftdi HbDs*"h rl&X44-AWW Page 36 HANDOUT To COUNCIL 10/26199. Revised Section 14 Urban Design I Urban design is a term used to define how a community manages the physical and visual character of its built environmenL 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, rive and play affects Demon's Image and attractiveness to develop)rs searching for high quality business and residential locations. By contrast, a poorly designed urban environment can be a barrier to Investment and economic development A high quality environment Is a fundamental requirement to attract long-term, high-quality investmenL The issue of urban quality must be addressed rigorously if Denton is to achieve the quality of development that most citizens desire. The urban design strategy alms to substantially raise the quality of Denton'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 quality-based philosophy will be adopted and embraced. Urban design should receive equal consideration alongside concurrent objectives rotated to environmental quality, social equity, economic stability, and long-term prosperity. Conxrwnity expectations of quality have risen considerably, and urban design Issues must be addressed comprehensively. The City of Denton writ should lake a leading rote within the metroplex 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 also enhancing the environment, social welfare, and long-term economic performance, without compromising the prospects of future generations. j ! Policies 1 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 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 B. The Impact of public features such as stgnage, 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, a ~r B. 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 form of public spaces M.aw.n Ho-awq FWr,IO- F AoW Page 82 r t Revised Section 14 Urban Design should support their Intend notions, a their visual qualities d 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 encouraged to avoid homogeneity and sterility. Contrast and variety contribute strongly to visual Interest and viewer perceptions of quality. Implemenlation of design standards by the city will pay strong attention to avoid regulations that promote sameness and We 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. InAll development should be evaluated carefully to promote compatibility with existing strictures. 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 propcrty 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 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 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 of 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 media special attention. A comprehensive downtown revitalization program, based on the strategies of the Texas Urban Main Street Program, will be pursued lo malntain the momentum created by recent improvements. IL Urban Design PrIndples a , U principles rban design policy implementation rill be guided by several pdnciplea. The urban design J r of these Issaddress, on a policy and/or will be achieved using regulations, flexibl following e guidelineIssues. s, or conditional s lf fundirgtion l M"OdMco..gFoOvIaa-W%■e„ Page 83 I ~ l h f Rawlsed Seetbn 14 thbw Design A. ACCESSW= t This is the ease with which people can access a full 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 physical design of spaces and pedestrian circulation systems. 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. 9. SAFETY & HA&TH 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. C. PERMEABILITY 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 effictenl use of existing paths and patterns 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 convenience of movement. \ D. DURABILITY ale ENDURANCE I Durability 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 tf they are to last and not require excessive maintenance. Flexibitity 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. E. LEGIBILITY Legibility refers to the ease with which people can understand and are comfortable with the organization of a place. Good legibility Is Important because it allows people to find their way around the city. Development schemes will be expected to complement and reinforce the urban character of. a Paths that help define proper routes for movement; a Districts that are recognized as areas of similar character, with unifred features such as land use, density, architectural style, scale, or oonstru dw age a Landmarks that provide specially ' recognized feature unique to the city; a Edges that indicate distinctions between different neighborhoods or land use j districts; and l w.san "now" raw as rrr a w Page 84 Revised Section 94 urban Design t • Nodes that are created at the juncture of paths or are created as special activity centers F. QLJM 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: -Paths In b around the site Sunlight -Change In levels -Landmarks -Behavior patterns in 6 around the site -Orientation -Urban form -Strategic qua tifies of the site -Yews Into d out of the site -Native 5 existing habitats -Relationship to existing structures -The nature of boundaries -Vistas -Proximity to others -Enclosure of streets b spaces -Public transportation routes -Topography in d around the site -Riparian & floodplain protection -Diversity of use -Climate E. ARCHITECTURAL QUALITY The impact of architectural quality will strongly Influence the quality of growth during the next twenty years. The following architectural principles shalt be used to guide decisions regarding III structural design: t 1. New buildings should demonstrate thorough knowledge of historical architectural Information and context, but should not imitate older buildings. 1. High-quality architectural design should be encouraged. Innovation, creativity and originality are considered to be primary Ingredients of 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. 1. Careful consideration of proportioning, detailing and context is Important in designing buildings adjacent to landmark buildings by providing valley and defining space. 1. Architectural design will be used to Integrate M 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 activiy, and visual Interest at the ground floor level. 5. Design materials will be used and expressed autheribi and eppropriatey. 6. The city will partner with developers on deveknprnent projects and will actively explore the use of competitions in the development of significant publicly owned sites as a means of enoouraging more distinctive design. Calls for design and programs for r \ development related to projects that demonstrate consistency with the comprehenslve plan may be explored by ft city In partnership with potential developers and design professionals. W*4* MOO M FOOV.10 N-W MWAMM Page 85 I II 1 ~ Rfrvisud Suction 14 Design r f ►+w+M ca.~er F.rrio-~~ ..y. 06 i~ Revised Section 14 Urban Design G. TRANSPORTATION INFEITRUCTURE r ` The design of transportation systems strongly influences the form of the built 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: 1. Location Mixed-use and urban village developments of appropriate scale and compatible design are encouraged. Isolated nonresidenLvi land uses will be discouraged if they generate excessive vehicular travel or are not well served by public transportation. Use of transit- oriented design (TOO) is encouraged, 2. Transportation Prlorlty and Ch oleo 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, aaompanied by a reduction In off- street parking requirements. 3, Parking Standards Off-street parking requirements should reflect respect for environmental quality considerations. Parking location and associated landscaping should be carefully regulated to avoid unacceptable expanses of pavement Large parking lots should be broken into smaller sub-lots. Parking standards should be carefully set to avoid unnecessary pavement Shared use parking facilities should be encouraged. l 4. Car-Free Development Experimental developments that propose to employ &oo alternative car-parking prw{sieA GA avekUFI6aFy~as+s solutions should be encouraged. The use of Innovative vehicles, such as electric cars, should also be encouraged. S. 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. S. Solid Waste Solid waste containers should be located out of public view on private property, In areas specialty designed to ecoommodate withstand truck maneuvering. The use of Innovative technologies to reduce the visibility of solid waste operations should to encouraged. Small area plans should oonWn strategies for sold waste improvements In existing developed areas. 7. 100-year Ffoodplain Roadways should be located parallel to, and outside of, the 100-year floodpWn limits to establish green space between the road and the floodplaln to serve as open space, limit Hood exposure, and facilitate channel maintenance, wrrromwct W"Norrias.WRA L im Page a7 I I I Revised Section 14 Urban Design 8. ffirsell Trees and Landscaping Trees and landscaping will be designed as a crucial component of all roadway networks. Trees and other plantings will be property coordinated with utilities to avoid conflicts and competition for limited underground space on city owned properties and right-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 rightsof-way that maximize planting potential while protecting the safety of the public. H. NEW NEIGHBORHOOD DISTRICTS A MMED 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 variousty the urban village, new urbanism, neo-traditional planning, traditional neighborhood development, and transit-oriented development. 1. The Planning Unit The basic unit of planning is the neighborhood, 2. The Neighborhood Size A neighborhood is limited in physical size, with wendefinod edges and a focused center. The size of a neighborhood should be defined as a rive minute walk or one-Quarter mile from the neighborhood edge to its' center and a ten minute walk edge to edge. Human scole 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 t ransit stops and will utilize transit oriented design. 3. Corridors and Dlatrlcts Corridors form the boundaries between neighborhoods, both connecting and defining them. Corridors can ircorporete natural features like streams and hillsides, They can take the form of park, nature praserves, travel corridors, or railroad lines, A neighborhood of 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. 4. Mixed Use end Compatibility 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 +Sre7 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, commercial and even some types of manufacturing use, though not typically on the same street in a given neighborhood. Apartments are also permitted over stores and offices. Forms of housing may Include apartments, duplex, town tkvm&, and single-family homes, accessory apartments, and outbuildings. MuWanuly development is typically in smaller, human-scale buildings on separate lots. r 5. Deflnltlon of Public Space r Buildings should be sited carefully to create to defined public space. Build-to lines should be utilized to establish a consistent series of building facades, and to promote regular M. .n wo.u„o rdd, aasp a .nn Page 88 RleWaed Section 14 Urb~t Design alignment a street is an important form o public space, and the buildings at deMe it should be expected to reinforce and enhance the strestscaps corridor. a. Suitt Pattem The neighborhood street pattern should be gridded. Parks, squares, diagonals, T- Inlersections, rotariea, landmarks, and other devices should be used to relieve the visual monotony of the grid system. fie range of street type Is limited, from mixed-use neighborhood collectors to narrow lanes and alleys. Limited access highways may only exist within a corridor. Cut-de-sacs are discouraged except under extraordinary circumstances, such as cases where rugged topography requires B,em or large lot uses occur. 7. Civic Bulicit nga 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. Potential sites Include the frontage of squares, in neighborhood centers, and where street vistas tertnfnate In order to serve as landmarks and reinforce their importance. Buildings should det',,U parks and squares, which are distributed throughout the neighborhood and approprfately 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 k a necessity that links different parts of the neighborhood and establishes a sense of place for residents. 8. Architecture Architectural guidelines may be required for neighborhoods to establish unity with respect to massing, facade details, materials, and roof pitch, although many variations would be possible. Such architectural guidelines would be neighborhood-specific and would supplement citywide design standards. 9. Street Walls and Basle 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. Bulling height should be sized in proportion to the width of the street Build-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 may be employed to govern recess lines for upper stories, and transition lines, which denote a distinction between ground floors used for retail and the upper story floors for offices and apartments. W Goals & Strategies A. URBAN DESIGN STANDARDS The most significant Improvement to be made regarding Denton's urban design polx:ies is to incorporate regulatory standards into the zoning code that sddress aesthetlcs and visual quality, 1. Goal 1 Develop urban design standards to be Included as part of the city's development code. The standards may be very in application to different parts of the city, but In all Instances, the warnwowgrwr,a a,~n P"s89 S i I Revised Section 14 Urban Design requirements should Be- tied to a legitimate public purpose a consistently applied to all properties of similar nature. Specific attention should be paid to urban design elements Including, but not limited to: a. Site • Subdivision design • Street layout • Site design • Compatibility with neighboring properties Open space • Outdoor storage • Parking placement b. Architectural Deslon • Building height and bulk • Building placement • Building orientation • Garage orientation Building maledals c. Site Elements • Fences and screening devices • Lighting • Buffering of adjacent properties ( . Mechanical equipment, dumpsters, and utilities • Landscaping • Signage 2. 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 a. Require the consideration of design standards at the earliest possible stage in the development review process. a. Incorporate design standards that may be unique to specific geographic areas, such 1 as transportation corridors or redevelopment districts, as appropriate during the development and adoption of small area plans. a. Al proposed development In the city will undergo some toms of site plan and design review. Review complexity should be proportional to the potential visual Impact of the proposed project. 9. Determine In advance the design standards that will apply to any given property, and differentiate between the qualitative standards that will require discretionary review r and approval versus quantitative standards that can be measured and ! adminievalivey 600 \ administered equKeMy. l ►~.eanwo.+tivraa. ioxoaa.nrn Page 90 OWN c Revhed Section 14 Urban Design a. Detail design standards vn8 be developed navy ne h j relationships between b centers. The permitted density, limited mix of uses, adequacy of seMces, and cmenities will receive special attention. The issue of buttering between existing neighborhoods and new neighborhood centers will be also be addressed, i g. Develop street tree standards for adoption as part of the landscape ordinance once proper alignment orstreetscape Infrastructure has been resolved in revisions to the city's subdivision regulations. h. Develop a design strategy intended to coordinate public eppu+ienanoes ImprovISMOnto such a sidewalks, signage, utility poles, ublity lines, valve boxes, and solid waste receptacles. I I. Adopt specific urban design review processes that apply to city and other governmental development projects. B. YAM TY d DISTINCTIVENESS New development should be allowed the opportunity for site specilic 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 onns Deve ssol tio, based on roposals understanding lof the character of eosuurrrocontain unding area, a d 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. 31ratsgles a. P consideration during roject design concepts should be identified and explained as important criterion d ocesses. The its discretionary to revie development and it its surroundngs should be prope~y of proposed 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 smelt area planning program, to develop guidelines that promote variety and distinctiveness. Different character areas within the city should be specif ily identified, and a broad-based urban design approach that treats all properties the same should be avoided. c. Design review processes shall be structured to provide opportunities to demonstrate alternative compliance within a reasonable period of time, c i h4MMah HVDukko °"''axypp~ry„ Page 91 Revised Section 14 Urban Design C. VISUALLY SINSITPALMATIONS Visually sensitive locations Include unique natural or monmoue areas considered to be important community places, htstodc areas, special open spaces, key entryways Into the city, or other locations that merit special consideration due to public visibility. 1. Goats In sensitive locations, new development will be expected to demrnstrate high standards of architectural and urban design In a manner that oomplemenis or erNances 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 protscted 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 predelemnined slandards.? c. The impact of sensitive location designation on private property should be assessed and evaluated to determine the develeprnentpeteaiW appropriate use for of the ` site. 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 spews, and make the urban environrner l more attractive, 1. Goals The 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 around development. Encouragement Is given to the involvement of oommissioning 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. A 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 "Alf effect and benefits. u.ae~wGwro rau.eio-lFMMwi Page 92 C Revised Section 14 urban Design { d. Public art should be located In suitable local ons 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 Ihal should be memorable. e. Public 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 mainten9nce, durability, and safety E. URBAN bE810N P AN 1. Goal A citywide urban design plan should be developed 2 that describes the Denton community's approach to visual quality and image. The plan should be used as policy document to deocribe ongoing efforts to coordinate urban design objectives with other public concerns such as utilities, streets, environmental management, or parka, and should be used to critically examine areas In need of Improvement or protection. 2. $trategles a. The urban design plan should be used to formally identify visually sensitive sites and locations. l 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 oonserwation areas should be considered in terms of visual Impact and attractiveness. c, The urban design plan should be used to rate and prk,ritize the sensitlvity of dMerent sites. The development of priorities will allow the altocation 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 almulation to allow proper assessment of projects Considered to be of sign4leent visual Impact e. The v!ban design plan should be used a device that enables the ooordination of privets and public Improvements that are designed to be visually compatible. f. Preparation and adoption of the urban design plan should boa public process. open for citizen revlew and comment Design workshops, public meetings, and public A hearings should be held P, raise citizen awareness and delerrnlns community consensus regarding aesthetics and visual quality Issues. u.aar wo.~wc rwr. +o-a~a r„ Page 93 I,I II 1 i i Rs load Section 14 urban Design ' j g. The urban design plan s w contain a rnonftoCV- am toeeoppmode periodic feedback regarding plan Implementation and support I III I I 1 { 1I 1 I Mwraniaowr~ra~rtPaw~n. Page 04 i r I` 1 Revised Section 15 Histodc a- ! Denton received designation as a Texas Historical Commission Mein 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 fisted as a dietrkd on the National Register of Historic: Places In 1999, having more than 120 renovated structures In the downtown area. The unique and distinctive cultural, historical, and architectural features of Denton should be Identified, res!ared, preserved, and maintained through a partnership between the city and private Interests, in keeping with the historic preservation plan. Pollcles 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 strategies of the Texas Urban Main Street program, will be pursued to maintain the momentum created by recent Improvements. E i ll. Goals and strategles A. HISTORIC DISTRICT 1. Goal Identify and create additional historic and conservation districts. 2. Strategies The Historic Landmark Commission and city preservation officer will Identify and recommend areas within the city limits that qualify for historic distrid designation. Historic districts receive appropriate zoning classification In order to enforce and ensure preservation of structures within the district. Potential historic district sites currently under consideration are: • Courthouse Square District • Congress School District The Historic Landmark Commission and city preservation officer will Identify and recommend areas within the city limits that qualify for conaervetion dlatrid designation. Potential cons irvaWn district sites currently under consideration are: • Austin-Locust Conservation District • Bell Avenue Neighborhood Conservation District r The Historic Landmark Commission and city preservation officer wIN educate properly t owners of historic district benefits and encourage partlcipatiort in district development. rbcawo.rprw.,as~atia Page 05 Revised Section 13 Historic P1 W1 119 tbn I The city will designate structures having histo6c or cultural significance. Property owners o ! designated individual sites may receive an Incentive In the form of 50 percent exemption from city taxes for fifteen years. Plans within the historU districts will be reviewed by the Historic Landmark Commission, B. HISTORIC TOURISM I 11. Goal Enhance the historic tourism potential of historic districts. 2. Strategies a. The city will acMly promote preservation as a means to Increase economic, cultural and educations} diversity within the community. !A 1114 11PIO' 01 PFOOOFY111111111911111, 00 COMMYRity, Why pole! out the Obv/ous? b. The city will support and encourage the restoration, preservation and maintenance of r areas having historical or cultural significance. C. HISTORIC SITES 1, Goal Protect Individual sites or aspects of areas Identified as being of historical significance, 2. Strategies ` a. The city will encourage voluntary landmark designation as a vehicts to protect sites with historical significance. b. In those cases whore structures located In the downtown area do not qualify for historic designation, encourage use of property appearance gufdetines when renovating, to maintain a consistent and aesthetic atmosphere. c. Wr an improving Infrastructure within historic districts, effort will be made to Identify and preserve historically significant features. Infrastructure construction will be reviewed by par9apating departments prior to performing woric. 0. ARCHEOLOGICAL RESOURCES 1. Goal Protect remaining archeologlcai 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 elm* through documentation rather than complete preservation. v k i Revised Section 16 The Street e street can be a ne as the most Important, enduring pu It space at determines our urban environment The street should be comfortable and enjoyable, as well as provide strident movement of people and goods. e The street Is the single largest public space in the City and should be acknowledged on that level. e The street should complement the distinctive character of the nelghborhood or district white providing connections to adjoining neighborhoods. e Formation of the street will Inctuue presoripbvs standards, which ap?cdy exactly how a facility Is to be built, end performance standards that describe the objectives a facility will meet Our ;;Teets need to be seathetically and environmentally pleasing and sensitfya to local situations and needs. e Costs should be based on consideration of A cycle coats, level of service, and level of risk and Impact of facility failure. e The street has a major Impact on creating development that Is sustalnable, facilitating a walkable community, and creating s pleasant and nurturing environment for our citizens. 1110AMAIN 01114860 POW 8110461 FOGIWINFOSAIS O"lWaigh 1148 1AIM mis and 1A feel, pe (This Is an argument, not a policy statement,) e The large-lot street section is basically the same as currently used In residential , developments of all densities. e Reductions in residential speed limits are included benefits along with reductions in street pavement wldths, 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 reglonal trips or into Denton from outlying areas. The largest single Issue we face Is reducing the need to continually expand the transportation roadway system. The best evallable solution Is to embrace development concepts, where trips are satieAod Internally using a variety of transportation modes. i 1. Street Development r Streets are generally dassHied Into freeways, major arterlals, secondary arterials, oollecbxs and r residential streets. Each of these roadway ciassifications has unique street sections, amenities r i and essodstod Infrastructure. The development of these sections needs to provide the basis for sustainable development. M.se.nwo..brraw,as~o~.rrn Page 91 Revised Section 16 The Street A. NEKiHBORHOOO STREETS AND U Fv Neighborhood streets should be designed In an Interconnected or Arid system with smaller blocks and more dense development (Figure 18.1). The Interconnected system provides multiple routes that diffuse eubmobil-3 traffic and shorten walking distances. The pattern keeps local traffic off of regional roads and regional traffic off of local streets. The streets In a neighborhood need to be designed to provide equitably for pedestrian comfort and automobile movement Slowing the automobile and increasing pedestrian activity encourages the casual rneetfngs that form the bonds of a community. Traffic calming as referenced in the 1raf Ic calming policy should be designed Into new subdivisions This proposal addresses the separation causod by the conventional 'ranch home' or'estate lot" concept by moving the home toward the streA using build-to lines from the right-of-way. Build-to lines require structures to be set at a speck 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 residential lot oonditlons at block ends may not require street frontages where the front yard faces onto a green or community space and there Is alley access to he property. Supplemental parking is required In this Instance within the block. 1. Residential Allay New neighborhoods and districts with lots lose than 10,000 square feet can use publk alleys for primary access (Figure 18.2). The alley will be dedicated to the public. Solid waste f service will work to serve from the alley. The alley also serves as Are protection access. l 2. Residential Lane This street Is designed to reduce the Impermeable area from current standards while providing for basic oocesa 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 then 10,000 SF • Access from rear lot lines I` Parking allowed one side • Recreational vehicles should be slorad off street In rear yard a{sratio A444110 QQQWF 'A 11116FA11016 late (OF that PLjFpol@ • Supplemental parking Insets within the block or block ends 3. Residential Street This street is designed to reduce the Impermeable area from currant standards while providing for basic access needs (Figure 18,4), This section lies a wider right-cf-way requirement and a narrow pavement section to allow all utilities within this right-0f-way. This street section or the residential lane may be used at the discretion of the designer. , • Use with lots less than 10,000 SF Parking allowed both sides / r • No alleys I W s d MOVS.e• rwa+axw rw►en Page 98 c i I I I Revised Section 16 The Street • Access from shared driveways • Recreational vehicle storage needs occur in separate lots for that purpose 4. Large-Lot Stroall The large lot (10,000 SF or more) street allows on•atrest perking on both sides with the travel lane In the middle (Figure 16,S). Use of Pervious materials for privale-car storage and shared driveways Is favorable, i • Similar to current residential street section • No anay$ • Access from shared driveways • Parking allowed both sides of the street ~ S. Rural/Buburban Street On the outskirts of the citys urbanizing area, this street secCin wl l be used for properties subdivided Into one acre or more. This section will remain L+a rime with 24 feel of pavement and borrow ditches along either side of the paveme,+L G. Courtyard Street The courtyard street Is designed for use with either small or la,+ge-lot development (Figure 1S,&). The courtyard street block length Is no more then 150 feet to facilitate fire service. No lots will heve frontage at the ends of the courtyard so that clear pedestrian passage and view corridors can be used to connect to these systems wham possible. ` • One-way street section l • Alley used for small fola • Ingress & egress from shared driveways at large lots • Supplomental parking required • Access to path system required at courtyard and • No pdvals lot frontage at and of courtyard shall prevent pedestrian linkage 7, Cul-de-sac Use of wt-de-sacs In functional street design reduces the ability for Interconnectivity to nelghborhoods, Isolates lots, allows for only one way of Ingress and egress from a lot and emergency access Is less sooe"ble. New street designs with cul.de-sacs will be Ilmlied in length. An alternative to the cul-de-sac Is the courtyard streeL The cul-de-sac Is designed for use with large lot development No lots will have frontage at the ends of the sawAyaFd oul-d"se so that clear pedestrian passage and view corridors can be used to connect to these systems. s Access from shared driveways at large lots a Access from alleys with use of the residential lane • Supplemental parking required • Access to path system required at cul-de-sac and q S, Neighborhood Sidewalks, Landscaping and V)sibllity r.a,e.n ~o-o~rw rwa. ,o a~ranwt en Page 00 r i Revised Section 16 The Street -0.11 ;AoidoA6^ ;As will' 666fe" WO FORGAG 19 O"F(Rillwits 1111114), SideweIks and crosswalks will include alternative paving materiels such as concrete and pervious paver materials to promote that blend Into the neighborhood concept versus the Starkness of concrete. The sidewalk seotlon will be placed al the right-of-way llna to separate pedestrians from vehicles and to aid 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 8' 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 districL Comer clips for residential streets will be 15 feet. B. COLLECTOR STREETS Collector streets will hav3 multiple functions, all of which are different than residential streets. Collectors have to play a major part In establishing ooordi"ted 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 Was It to minor destinations or to arterial streets. The lane width will be of the minimum allowed to promote slower speeds. The collector streets complete the overall system connections of the grid patterns (Figure 15.1) defined In the resldenlial streets, The shorter block lengths and features such as traffic drelas (Figure 18,8) 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 techniques like shared access, driveway separation, and comer clearances to seals maximize stratst capacity while Improving the aesthetic characteristics. Right-of-way for the residential Collectors will provlda adegaats lines of sight and promole vertical sight clearance levels for landscaping. Speclat right-of-way flares are encouraged to cmale special design features (Figi ire 18.9) such as seating areas, landscaping features, or \ public art along the linear secknsi. GapaFailloAs Palmed by the gem-MaAal wild Pow be Fealiaed as mitisoll uses wIth Ys* The urban village concept moves stall mind commetrotal Yes "oei of fixtures to a determined line offset from the street right-of-way edge which becomes the bulld-to line requirement (Figure 18.10). 1. Commerclol Allay The commercial alley section (Figure 18.11) will be used to promote better view lines, servicing, parking access and to separate the truck traffic from Mss mixed-use customers. The alley also serves as additional fire access around the commercial structures. ! ! 2. Residential Avenue w.aanraow*rF~R1ssr.e.&ce Pogo 100 s. i I - I Revised Section 16 The Street The residential avenue will provide or an outside lane on each sides or parking use an two travel lanes in the middle (Figure 18.12). No single family front or rear yard frontages will 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. • Parking both sides of the street (why have parking it no houses face street?) • No single family front or rear yard frontages • Access from the rear at the alley 3. Main Street! Mixed-Use Collator The main streel/mlxed-use collector will have standard lane widths to promote the flow of traffic(.) sewdea basks (Figure 1813). Access management regulations will apply to Improve capacity and eight 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 J Mixed Use Center Collector CommerclelfMixed Use Center Collectors (Figure 16.14) will be provided In commorclaUmixed use centers to provide increased capacity, trucks, and the Interaction of all transportation modes. These roadways will provide fa four standard-size lanes with no parking allowed at Intersections with arterials. The Nhtof•way should be expanded to provide adequate space for right-turn lanes on and off the arterial. Kays will be utilized for servicing, parking access, and to separate truck traffic from the typical user, • 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 6. Misesllaneous Collector Issues Sidewalks will be 8' feet wide, placed on troth aides to create class I I paths that wouid blend pedestrians and bicycle traffic (Figure 18.15). Sine one of the functions of the class II paths Is to carry bicycle traffic, the main surface of the walk should be comets. Concrete pavers or other like surface materials may be used when commercieVmlxed use structures abut the right-of-way line in neighborhood or commerclal mixed-use centers. Pavers, other similar paving materials, and those with rough textures that cause tLro vibration will be used to enhance the aesthetic features at intersections, areas of interest, special nodes and cofridors, 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 16.19). Transit-oriented declgn will be Incorporated Into the overall design of collectors. Transit- oriented design (TOO) features will be considered essential for high-density attached ti housing, mixed-use, and commercial x employment activity centers (Figure 18.17). I i Il rOOrwhdW roe WRWAI W Page 101 41 C) iio sed Sectbn 16 The Street f Collector • ee also Integrate a reeen planting area to provide opporlunides or landscaping and greenery for district Ihemea. 1 I ~ I A, i p ws.MMDOIW"how. ia-.FWAM Page ID2 I I I R90,nd Section 16 The Street ;5. ARTIERIALS ` Arterials are classified into primary (major) and secondary. Arterials are designed to carry traffic across a district of town (secondary) of to provide major north-south or east-west routes across the city (major). All arterial streets should be divided with a median. (Figure 10.10) • No parking allowed • Reserved planting in the median and along both sides of paved lanes • Limited ingress and egress through shared drives and connecting streets • Off-street parking to side or rear of structures • No residential front or rear yards adjacent to arterials • Bike tames required • Transit nodes and bua queue jumpers • Special features 1. Arterial Lanes A Access Management ArM map n*oF oleseiAG-110A Secondary orterfals will have tour lanes and primary will have six. 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 bunsfers and interactions occur safety and efficiently. Access management toole will serve to direct the traffic at collector connections with arterials and some minimized shared dr,veway connections. D. RETROFIT AND RECONSTRUCTION When Improvements(,) repair, or reconstruction of streets are planned, every etforl will be made to reduce these amount of pavement, use traffic calming dw&as to slow traffic, update sidewalks or build new ones, and furnish landscaping where epplicabie. Sidewalks and planting areas may be established in the Interim taking Into account future plane that Include such features the MW . Traffic calming devices in the Interim may be used to reduce traffic speeds with techniques such as reduced travel lane stripping or moridng, and rough pavement texture insets at Intersections and along the street Use of new street standards Is implicit where redevelopment, retrofit of existing neighborhoods, or reconstruction occurs and h will not have on adverse Impact on an existing neighborhood or historically sensltlve or". ll. I (ltllltlea In the Sdeet and Allay j All utility systems will be designed with the original subdivision so that they can be constructed 1i prior to placing the paving course on the street or alley, r A. N&IGHBORHOOD STREETS I 1 New neighborhoods with alleys allow the design of wet utiuties under the street and dry utilities l under the alley. Ublitles are not to be placed in the reserved lands( ape or planting area. AN w.r..r Noo.uwraeriassawa• Page 103 i Revised Section 16 The Street utilities, other an transmission an feeder lines, will be underground, Standards will developed that locate all utilities In a manner that coordinates design, Installation and overall construction of a development. {see notes) Wet Utilities Sewer lines may be placed at the centerline of the street with water fines 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 sides where possible. Gas would be placed under the sidewalk on the north or east side. 2. Ory lltllltlse Electric, telephone, cable TV, 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 re, As/upgrades by existing companies. Service connectlons 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 fines within a set prescribed area Instead of the continuous separation across the entire lot. This Is particularly critical for small-lot, attached housing, ciustered, and compact developments. Street lights will be coordinated with all other Willes and construction. 3. Spsclal Lot Conditions Large-lot dlebtts and neighborhoods will have all utilities In the front right-cf-way. The wet utilities will be placed like the small lot blocks and neighborhoods. The dry utilities will be placed in a duct bank (with expenslon room) under the sidewalk opposite the gas fine. Service lines will be consolidated as much as possible to maximize the area for undisturbed ` landscaping and easthetic improvements. All utilities, other than transmission and feeder lines, will be underground. 8. COMMERCIAL / MIXED USE CENTER COLLECTOR Utilities In the Collector Street right-of-way will be placed as described in the large tot 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. ARTERIALS 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 rtghlof-wsy will contain the landscape reserve and sidewalk reserve on each aide and additional landscape reserve within the median. The variebfe 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 DUCT BANKS Developers will be responsible for working with all utility companies r-+viding service to the r neighborhood in order to address technical issues for shared dry utility duct banks. Specific routings, termination points, and methods must be Identified to accommodate utilities. Duct r banks will provide a minimum of four reserved ducts for future expanslon, upgrades, or replacement and will be provided by the developer, memoo H1>D9W eo fow1aX4r-Pw a Page 104 INS N ~ APPlication of Impact Fees parks fire fighting equipment New New Non- Residentiel . Reeldenftl specialized ce schools Developmen Developmen police equipment commercial/ libraries industrial waste disposal o roads, ire service, ` police service, drainage, sewer, water Funding Travel Analysis Facilities Adopt LOS Standards Deficiencies No Deficiencies Facilities for Facilities for Existing Dev, New Dev. General Rev. Transfers Ad Valorem Tax Joint Funding impact Fees, TDDs, License/Excise Tax Asset Mgmnt. Mandatory Dedications Utility Rates Trans.Corps Improvement Requirements User Fees Mitigation Fees, CDDs r r Costs Fundable by Impact Fees Excess Capacity Maintenance of Existing Facilities and Repairs (Recoupment) Improvements Improvements Required to Service New Required to Service Development Existing Development (Deficiencies) t Alternative Financing Techniques for Municipal Utilities Financing Technique Characteristics j ➢ Rates: fixed and/or Applies to all development volumetric ~ )VCapacity Charge Applies to new development L "t4 v (~...J,.t. only c skt~ (System buy-in) 't 61) ~~"J 66'e ✓xpsion Fee Applies to new development i§IA (Impact Fee) only Connection Fee Applies to new development 1 (Tap-In Fee) only, generally limited to actual costs of connecting to the system. E t I 1 h a Alternative , Financing Techniques for Municipal Utilities (continued 2) i F'iumeiag Technique Characteristics Stand-by or Availability Applies to vacant land when Charge service becomes available, ➢ Assessment Districts Applies to existing and new development ➢ Facilities Benefit Applies to new development Assessments {FBA's} Applies to new development, ➢ Developer Construction or generally for on-site Dedication needs. \YI t, t Alternative Financing Techniques for Municipal Utilities (continued 3) Financing Technique Characteristics Single-User Facility Applies to existing Charge development based on + unusual quality of - discharges, Rate Surcharge Applies to new development based on location or in substitution for system expansion fee to allow for bonding and payments over time, Y I c I 1 i 1P 1 -UaiI.~~--- Haiti=- 'C'oncurrexW meow Ikat the public taoilities and services nemW to mmimAsin level of service standards adopted ilk a loa l Xehenaive plan are available aim #4 1* within a re "nabb period of elk* lopment approval or o -a OtMS-1 . I IN Timid 4 pnbho 4+. 440 *4 "available when the impacts of dev ~t occur." Florida Administrative Code-kpj4 .M9(19). • In Washington,t i'anslwrtaNoA !luflities must be available witidn six years of i1mlopment. WA93i Rev. COOS f A e j , t E 1 i. I 1 Definition. Toneurrsney" mean the public facilities and services needed to nu imosim level of service standards adol"d, is a load hensive , plan are available slaullsneous ' thin a reasonable period of 6 e after0 ment approval or conspl'potion. II ft llorida, public facilities =*O *0 1%vailable when the impacts of developmad occur:' Florida Administrative Code § !d-lL$WlO). In Washington, transportation fac Utfes must be { available within six years of development. WAAL Mv. CODS i 30,70A.070(6)(6), ~r ! C r M i ❑ Which factors will be used to determine when in the development approval process the concurrency requirement will apply? • early approval (e.g., preliminary plat) maximizes certainty for the applicant, but may cause facility capacity to be reserved for developments for a long time • early approval combined with a "use it or lose it" provision • late approval (e.g., building permit or certificate of occupancy) eliminates certainty for the applicant • intermediate approval (e.g., site plan, rezoning) ( yin,MtwaIIM IG 1~ ti u r ( I 'I ❑ Which factors should be used to determine whether a public facility is included in the concurrency management system? • is the facility provided by a County or a non-County service provider? • is facility or service provided uniformly County-wide? • are there existing facility deficiencies? I 1 • does new development place specific additional demands on the public facility? • is the impact of new development quantifiable? • is there a defined level of service standard applicable to the facility? f1' yT q~gpl ,r G l ❑ Which factors should be used to determine where the concurrency requirement will apply and whether differential level of service standards are appropriate' C • Urban Growth Boundary • General Plan Land Use Map Delineation • Community Plans • Zoning Districts • Special District Boundaries • Municipal boundaries • Existing development/projected future development , r { r i C• I O Which factors wlll be used to determine the types of development approvals to which the concurrency requirement will apply' { • existence of vested rights • existence of a valid development agreement I 0 minor effect of the development approval on public facility needs (e.g., variance, vacations, replats which do not increase density) • already issued building permit E • extent of review permitted: legislative or ministerial ~ r l 'Ji~+ONWNI I . E i O Which factors will be used to determine the level of service (LOS) standard to be used for each public facility included in the concurrency management system? existing level of service standard • existing facility capacity/demand • existing demand criteria • adequacy/inadequacy of existing LOS standard • projected future development, projected demand, planned facility additions/expansions • cost of meeting existing LOS standard for future needs !fir` E; C I :fl f', R1LLA1 f 5 {I i 1 . II 1 O In structuring a concurrency management system, what issues need to be addressed:' which public facilities/services will be included in the system? ( • will the system be applied uniformly county-wide, selectively applied or differentiated by geographic area? • what level of service standard will be applied with respect to each public facility? 0 to which types of development approvals will concurrency apply? • when in the development approval process will a development be subject to the concurre,icy requirement? should there be any exceptions c+r waivers for specific 'types of development? LI'7011M~1 ~ c, c. ' C i D What are the key elements of a concurrency management system' 0 public facilities are available. { • public facilities are adequate. • public facilities meet a specified level of service standard. • public facilities are provided at the time of development. 1 . r ~ I I c~ • U i END OF 1 FILE i '