HomeMy WebLinkAbout12-14-1999
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December 14,1999
Agenda Packet
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CITY OF DENTON CITY COt1NCIL 3pMdfl bm I
December l4, 1449 tlate,~/~~.-~•-+-
Aner determining that a quorum is present and convening in an Open Meeting, the City /Council
%W1 convene In a Closed Meeting of the City of Denton City Council on Tuesday, December 14,
1999 at 5,15 p.m. in the City of Denton Council Work Session Room, Denton City Hall, at 215
East McKinney, Denton, Texas to consider specific iterns when these items are listed below
under the Closed Mccling section of this agenda. When items for consideration are not listed
under the Cloacd Meeting section of the agenda, the City Council will not conduct a Closed
Meeting at 5;15 p.m. and will convene at the time listed below for its regular or special called
meeting. The City Council resen es thl. right to adjourn into a Closed Meeting on any item on its
open Meeting agenda consistent with Chapter 551 of the Texas Local Government Code, as
amended, as set forth below.
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1. Closed Meeting:
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[*$Before the Denton City Council may deliberate, vote, or take final action on
each of the three agenda items as a competitive matter in a Closed Meeting under
the provisions of TF:X, GOVT, CODE Section 551.086(c), the City Council must
first make a good faith dcterrr.!nation, by majority vote of its members, that the
particular agenda item to a competitive matter that satisfies the requirements of
Section 551.086(b)(3). The vote shall be taken during the Closed Meeting and
shall be included in the c::ificd agenda of the Closed Meeting, If the City i
Council fails to determine by a majority vote that the particular agenda item
satisfies the requirements of Section 551.086(bx3), the City Council may not
deliberate or take any further action on that agenda item in the Closed Meeting.]
A. letibcrations Regarding Certain Public Power Utilities Competitive
Matters Under TEX, GOVT. CODL Section 551,08].•' Consultation With
Attorney Under'DEX. GOVT. CODE" Section 551.071.
(1) Consider, discuss, and deliberate approval of an Interruptible
Natural Gas Transportation Agreement pertaining to natural gas
requirements to be furnished to the Denton Municipal Electric Spencer
Steam Power Plant to be used furnished to the Denton Municipal Electric
Spencer Power Plant to be used for the production of electric energy,
Consultation with the City's attorneys concerning the Agreement, and
related legal issues and requirements, where to discuss such issues and
matters in a public meeting would conflict with the attorney's duties and
responsibilities under the Texas Disciplinary Rules of Professional
Conduct.
B. Deliberations Regarding Certain Public Power Utilities Competitive Matters
Under 7FX GOWT. CODE Section 551,0800
(1) Consider, discuss, and deliberate, and receive competitive commercial,
financial, aced technical Information from Denton Municipal Electric
DSW) staff concerning the updated DME financial model; the
assumptions used in the development of the model, including forecasting
and planning st,icgies and options regarding the future operations and
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City of Denton City Council Agenda
December 14, 1999 s
Page 2
position of DNIE in a competitive, deregulated, restructured electric
marketplace. The information presented will involve issues and
projections respecting a number of possible alternate electric competitive
scenarios in which Denton might operate during the next twenty years.
C. Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under TEX. GOVT, CODE Section 551.086,41 Consultation With Attorney -
Under TEX. GOVT. CODE Section 551.071. Deliberations Concerning Real
Property Under TEX. GOVT. CODE, Section 551,072,
(1) Consider, discuss. and deliberate the valuation of and the possible sale,
transfer, assignment, or other divestiture of real property pertaining to the
City of Denton's electric utility system, including, without limitation: the
Gibbons Creek generation facility located in Grimes County, Texas; the
Spencer generation facility located on Spencer Road in Denton County,
Texas; the two hydroelectric facilities located in Denton County, Texas,
and other components of the City's electric generation assets. Conduct a
consultation with the City's attorneys, in order to obtain the advice and
recommendations of the City's attorneys concerning the above-referenced
Issues, where to discuss such issues and matters in a public meeting would
conflict with the attorneys' duties and professional responsibilities to their
client under the Texas Disciplinary Rules of Professional Conduct.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED
NIFEIING WILL. ONLY BE TAKEN IN AN OPEN MLE11NO 1IIAT IS IIELD IN COMPLIANCE
W1171 TEX. GOV'r. CODE C'I I. 551.111E CITY COUNCIL RESERVES THE RIGIIT 1'O ADJOURN
INTO A CLOSED MEEIING OR EXECLI1IVE SESSION AS AU7'IIORIZED BY TEX. GOVT,
CODE. SIIC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN
MFLIING A(YENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING
ON 'ME CLOSP.T) MIT:TING 11'17SIS NOTLO ABOVE, IN ACCORDANCE Willi THE TEXAS
OPEN MLLIINGS AC 1. INCLUDINO. WITHOUT LIMI CATION SECTIONS 551.071.551.086 C°
111E OPEN MLLIINGS ACT.
Work Session of the City of Denton City Council on'fuesday, December 14, 1999 at 6:30 P.M.
in the Coumil Work Session Room in City Hall, 215 E. McKinney Street. Denton, Texas at
which the following items will be considered:
NOTE: A Work Session is used to explore matters of interest to one or more City Council
Members or the City Manager for the purpose of giving stafT direction into whether or not such
matters should be placed on a future regular or special meeting of the Council for citizen input,
City Council deliberation and 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 commiuecs, and the individual or organization proposing council action, if invited by City r.'.;
Council or City Manager to participate in the session. Participation by Individuals and members
of organizations invited to speak ceases when the Mayor announces the session is being closed to
public input. Although Work Sessions are public mcelingt, and citizens have a legal right to
attend, they arc not public hatringt, so citizens are not allowed to participate in the session
unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the
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City of Denton City Council Agenda
December 14, 1999 w
Page 3
beginning of the session, a written report regarding the ci iz.-n's opinion on the matter being
explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff
will generally prepare a final report defining the proposed action, which will be made available
to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this
procedure is to allow citizens attending the rebular meeting the opportunity to hear the views of
their fellow citizens without having to ailend two meetings, j
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1. Receive a report, hold a discussion and give staff direction regarding Diversified Utility
Consultants, Inc.'s audits of TXU Electric and Gas, including discussion of the Senate
Bill 7 methodology of calculating franchise fees.
2, Receive a report, hold a discussion, and give staff direction regarding the draft interim
development standards ordinance intended to apply policies of the comprehensive plan to
specified development applications.
3. Receive a report, hold a discussions, and give staff direction regarding an ordinance of
the City of Denton, Texas, amending and superceding in its entirety Ordinance No. 99-
440 establishing a moratorium pending the adoption of interim standards for applying
policies of the adopted comprehensive plan to certain specified residential development
applications prior to adoption of a revised land development code; providing for
exemptions,
4. Receive a report, hold a discussions, and give staff direction regarding an ordinance of
the City of Denton, Texas establishing a moratorium pending the adoption of Interim
standards for applying policies of the adopted comprehensive plan to certain specified
commercial development applications prior to adoption of a revised land development
code; providing for exemptions,
5. Reccive a report, hold a discussion and give staff direction regarding implementation of
the Fry Street Small Area Plan, specifically the creation of a Fry Street Zoning Overlay
District.
6. Reccive a report, hold a discussion, and give staff direction regarding an annexation
schedule for the Spencer Plant site (A•98, DME Generation Plant).
7. Receive a report, hold a discussion and give staff direction regarding a Planned
Development sunsening ordinance, which sets time limits on all steps and processes in
planned development districts.
8. New Business
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This item provides a section for Council Members to suggest items for future agendas. ' a, r,
Following the completion of the Work Session the Council will convene Into a Special Called
Session to consider the following;
L Discuss and take action ch the reconsideration of the December 1, 1999 City Council
decision related to Annexation Case N A•96, Silver Dome at Cooper Creek, the first
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City of Denton City Council Agenda
December 14, 1999
Page 4
reading of an ordinance voluntarily annexing approximately 24 acres of land located at
the southwest corner of Silver Domr, and Cooper Crerk In the extraterritorial jurisdiction
of the City of Denton, Texas.
2. Consider approval of an ordinance of the City of Denton. Texas, reconsidering the City
council vote of December 7, 1999, on Annexation Case #A-96, pertaining to the
voluntary annexation of approximately 24 acres of land at the southwest corner of Silver
Dome and Cooper Creek in the extraterritorial jurisdiction of the City of Denton, Texas,
to approve a service plan for tho annexed property, to provide a severability clause and to
provide for an effective date. First reading of ordinance. (A-96, Silver Dome at Cooper
Creek)
3. Consider approval of an ordinance of the City of Denton, Texas, amending and
superceding in its entirely Ordinance No. 99.440 establishing a moratorium pending the
adoption of interim standards for applying policies of the adopted comprehensive plan to
certain specified residential development applications prior to adoption of a revised land
development code; providing for exemptions.
4. Consider approval of an ordinance of the City of Denton, Texas establishing a
moratorium pending the adoption of interim standards for applying policies of the
adopted comprehensive plan to certain specified commcrcial development applications
prior to adoption or a revised land development code; providing for exemptions.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the city FIati of the
City of Dcnton.'I'ceas, on the _dayof ,1999 at eclock(a,m,)
(p,m)
CITY SECRETARY
NOTE: THE. C1 I YOF DESNTON C'I1 Y COUNCIL WORK SESSION ROOM IS ACCESSIBLE
14 ACCORDANCE WITH 'TIIE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE', SIGN LAN'GUAGIS INIERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED
AT LEAST 48 HOURS IN ADVANC'I- OF THE SCHEDULED MEETING. PLEASE CALL THE
CITY SECRI:TARY'S OFFICE AT 349.8309 OR USE TELECOMMUNICATIONS DEVICES FOR
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111E DEAF' (1DD) H5' C'ALHNO I.800-RELAY-TK SO THAT A SIGN LANGUAGE A
INTERPRE I ER CAN BE SCHEDULED ITIROUGI I IT IE CITY StCRETARY'S OFF'ICE' f
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AGENDA INFORMATION SHEET
AGENDA DATE: December 7, 1999
DEPARTMENT: Legal Department
CM0CM/ACM: Herbert L. Prouty, City Attorney
SUBJECT - Receive report, a hold discussion, and give staff direction iaguding Diversified
Utility Consultants, Int.'s audits of TXU Electric and Gas, including discussion of the senate
Bill 7 methodology of calculating franchise fees.
BACKGROUND - In August, 1999, you contrat'-scl with Diversified Utility Consultants, Inc.
("DUCF) to do audits of TXU Electric and Gas. There had been concems expressed by the
Finance and Legal Departments wit. 'he substantial reduction in the 1998 payment by Lone Star
Gas over its 1997 payment, which also raised concerns over the adequacy of prior ye r franchise
fee payments. The Lone Star Gas franchise requires payment of 3% of the gross receipts (this
was 2% until September, 1990 when the franchise was amended). At the same time, since
Senate Bill 7 required any audit of the payment of past electric franchise fees to be commenced
by September I, 1999, you authorized DUCT to take an audit of TXU Electric. The electric
franchise requires payments of 4°i'o of the gross revenue as a franchise fee (the franchise wac
amended in 1993 to increase the amount of the franchise from 3% to 4%).
DUCI's preliminary report shows that TXU Gas has underpaid its franchise fees by S861,088 for
the calendar years 1932 through 1998, This figure includes $703,899 in underpayments and
S157,190 in Interest. The audit also shows an underpayment by TXU Electric of S256,127 for
the calendar years 1987 through 1998. The figure includes S197,916 in underpayments and
S58,211 in interest. Copics of the audits have been provided to mTrescntatives of TXU Electric
and Gas. Additional details of the audits are found in the attached audits and in the City
Attorney's status report,
Due to TXU's failure to provide much of the information required by DUCT - primarily through
responses that indicated that the infomtation was not pertinent to the calculation of the franchise
Pecs - the audits are not based on the best information available, It is possible that if TXU had
cooperated more fully with DUCI in providing information - ns TXU had initially indicated, the
audits would have shown either more or less in the amount of underpayments. If DUCI's
findings are correct, in future years, TXU Electric and Gas also should be paying additional
amounts over the amount they have calculated, Senate Bill 7 - the deregulation bill - requires
that future 1XU electric revenue will be calculated by dividing the 1998 revenues into the
number of kilowatt hours. DUCT has determined - due to an underpayment in 1998 of $17,679 A
in franchise fees to the City - that the cents per kilowatt hour that TXU should be paying should / r \ c
be increased to 0.00355673 cents per kilowatt hour over TXU's calculation of 0.0028593 cents
per kilowatt hour.
PRIOR ACTIONlREVIE`tiV - As indicated above, in August, 1999, the City hired DUCI to audit
the franchise fce payments of TXLI Electric and Gas,
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FISCAL INFORMATION - The City Council has authorized the payment of $13,500 to DUCI
for their services to audit TXU. Depending on the progress of negotiations regarding the
matters, there may be additional staff time and consultant time required. There Is also a
possibility that the City could recover a significant amount as a :r, ult of these audits for both
prior and future years under the current utility franchises due to the I iltial finding of a combined
underpayment of $1,117,216 in franchise fees.
RECOMMENDATION - The amount of underpayment of franchise fees is significant. The
procedure staff would recommend is to meet with officials of TXU Electric and Gas, review the
audit findings, and attempt to negotiate an agreed-upon resolution of these findings regarding
underpayment of franchise fees. Apart of these negotiations should Include a repeat demand on
TXU Electric and Gas to provide a great deal of information which they refused to provide in
response to DUCI's requests for information. Depending on the outcome of the review of the
audits with TXU otrchts and the attempt to resolve the underpayments, the City Council may
want to consider other options as outlined In the City Attorney's status report.
Respectfully submitted, ~I
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City Attorney
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D V C 1 DIVERSIFIED UTILITY
CONSULTANTS, INC.
19118 ROIIII DRIVILSVITL' 11(h AUSTIN. T71 7H88
TSIAPi1o718411 M7 NM WAX 4101612141
December 2, 1999
Honorable Mayor and
Members ofthe City Council
City of Denton, Texas
REt Summary of Findings and Conclusions Regarding the Franchise Fee Payment
for TXU-Electric Company and Senile Bill 7 Methodology of Calculating
Franchise Fees
Dear Mayor and Council Members:
This report contains the results of Diversified Utility Consultants, Inc.'s ("DUCI") review,
analyses and recommendations regarding the franchise fee calculation by TXU-Electric Company
OW-Electric" or "Company"). Presented in this report are discussions of EUCI's analyses and
proposed recommendations regarding the franchise fee payments made to the City of Denton
("City") and a review of the methodology set forth in Senate Dill 7 ("SD 7") for future franchise fec
payments.
On August 24,1999, DUCI was retained by the City to perromi a review of TXU-F lectric's +
franchise calculations. The analysis of TXU-Electric's annual franchise payment consisted of
reviewing the franchise calculations from 1987.1998 to determine if the company is complying with
the Franchise Agreement with the City. The analyses also entailed reviewing the calculation for
municipal franchise charges as set forth in SS 7 for determining future franchise recs.
Presented herein are what we believe to be appropriate and necessary adjustments to the
Company's franchise calculation based on information provided by TXU-Electric. The
recommended adjustments set forth in this report indicates an undcrpayment of franchise fees to the
City by TXIt-Electric in the amount of 5256,117, based on calendar years 1987 through 1998. This
consists of franchise fee underpayments of $197,916 and applicable interest A58,21 L'
The following table provides our calculation of the estimated annual underpayment of
franchise fees, by category, for calendar years 1987 through 1998 for TXU-Electric:
'This is based on 61iu simple interest.
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CITY OF DENTON
SUMMARY OF TOTAL FRANCHISE FEE AND INTEREST DUE
Tnral
rrsnehias Frsn hiv rnmhlse
Itevem ue Rem From Mm. Bad Nbt Fa Fee Fn!
Year Sales Tog ONMa up EIec6lc Properly Revenues Expense Underpaid Inural Inlercsl
19X1 53,119 52,319 52,993 5378 $19) 59,072 $1,911 513,060
1911 54,317 $2,467 $3,911 5!7) $206 511,313 $6,75E 511.101
1919 $4,423 $2,129 31,694 SJ34 $211 $11,21) 36,017 111,264
I'NN $5,234 $1,617 54,021 8,302 5211 $14197 $6,162 521,139
1991 53,107 $2,753 $),562 $1,429 $232 s10 10 $1,926 520.037
1992 $1,073 $2,436 13,163 53,611 $103 517,191 $6,191 $23,155
1993 35,154 51,493 33,366 51,!)7 $343 $23,324 57397 331,921
1 M4 59,472 56,062 53,140 $1,933 5379 $21,706 $5,449 $25,116
HMS 39136 511911 54,117 5649 $369 $20,113 53,739 524,641
1996 57,141 $6,109 5221 $100 5311 $16,916 12,033 $11,911
1997 $2,645 $6,173 S230 5703 SS86 517,164 51,030 311,194
1791 $0.919 56.160 5215 $726 5391 5171679 5130 slut0
Tonal 5$4,463 531,263 $33,240 $23,421 $3,520 $19.7.916 $31,211. $236,121
A discussion ofeach of the issues raised by DUCT are presented In the balance of this report.
It must be noted that in the review of this filing, DUCI has encountered a number of
problems in obtaining information relevant to the franchise fee calculation from the Company. The
Company's chronic lateness i t responding tothe requested information and basic lack of information
has hindered UUCI's ability to analyze the overall reasonableness of the Company's calculation.
Moreover, when responses were received, the Company refuse,; to answer many of the questions,
T he Company responded to the questions stating;
"'Ehe information requested is not pertinent to the calculation of franchise tax
payment made to the city of Denton."
The questions were regarding revenue broken down by category, copies of pages from the
Company's FE;RC Form I, other revcnuc forms, etc, These are relevant questions in rcvicwing
lvhcther the Company properly calculated its franchise fce obligation. The Company's other
response to our questions that is also nonresponsive is;
"it I% ill take the Company considerable time and cffolt to retrieve the material and
we would hope that the audit could be completed without this information,.,"
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lie Company's failure to timely and adequately provide basic data hindered DUCI's efforts
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to gain additional information on crucial subject are; s ;n the franchise fee calculation. While DUCT
is recommending an underpayment of franchise fee in the aonount of $256,127 for TXU•Elcctric, a
further adjustment may be warranted if DUCT was provided with more complete and timely data.
We invite the Mayor and City Council Members to review in detail the various sections of
this report and the various recommendations and adjustments proposed by DUCT. We appreciate
the opportunity to provide this service to the City, and we are prepared to answer any questions that
may arise from your review of this report. If the Mayor and/o City Council Members desires any
additional analyses or assistance, we will be available to assist you, your staff or your legal counsel
to the cxtcnt required.
DIVERSIFIED UTILITY CONSULTANTS, INC,
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TABLE OF CONTENTS
A. Overview of Analysis I
I, History of City's Franchise Agreement With TXU•Electric . , 1
2. Overview of Analysis • ,
B. DUCFs Recommendations , , . , , , .
1. Rent From Electric Property . . . . 6
2. Miscellaneous Revenue 6
3. Bad Debt Expense .................................................6
. Sales Tares ..............,..............6
43. Revenue Gross Up ............................................7
6. Interest on Unpaid Franchise Fees . . . . . . . . . 7
. Conclusions ............................8
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C. Calculation and Review of the Franchise Fee Due as Set Forth cn SB 7 . . . . . 8
I. Overview of Issues . . , g
2. Company's Calculation . . . . . . . . . . . 9
3. Summary of DUCI's calculation based on the Methodolcgy Set Forth in SB 7 9
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FRANCHISE FEE REVIEW - TXU•ELECTRIC COMPANY
A. Overview of Analysis
1, Ilistoa of City's Franchise Agreement With'i-w-Electric
On or about August 24, 1999, the City of Denton ("City") retained Diversified
Utility Consultant,;, Inc. ("DUCT") to review TXU•Electric's past franchise calculations
of nnuticipal franchise fees due and also miew the potential imp; ^ts of the changes set
forth In SB 7 on franchise fees.
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This rc%icw consisted of analyzing the franchise agreement between the City and
the Company. In addition, we reviewed all amendments to the Agreement, responses
to interrogatories, FERC Form I's and court decisions on franchise agreement disputes:
"111e goal was to determine whether the Company has correctly calculated franchise fees
accordiag to the terms of the franchise agreement with the City. Also, to determine the
correct per Kwh charge, as set forth in SB 7 for future franchise fees.
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In October 1987, the City entered Into a franchise agreement with Texas Utilities I d
Electric Company through City Ordinance No, 87.186.' The franchise required a
starting franchise period of August 1986 through Judy 1987 with payment made on
October I, I98T
'Ihe original franchise agreement pro%ided the following language for determining
compensation for use of right-of-ways or the calculation of the City's franchise fee,
1. That Company, its successors or assigns, shall pay annually three
percent (996) of its gross revenues from the sate of electric power
and enctky at retail in the City as hill payment for the right and
privilege of using and occupying the present and future streets,
'In 1999, the name was fonnaliy changed to TXU•Elmtric. j
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alleys, highways, easements, parks, and other public places within
the City,
The original franchise agreement has bt-ea amended four times. It is DUCI's
understanding that the Company Is currently negotiating a fifth amendment.
In July 1993, the franchise agreement was amended through City Ordinance No,
93.137. The franchise fee payment percentage was increased from Yo to 4%. The
amended agreement provided the following language,
That Section I of the Agreement between the City and Company,
dated October 20, 1987, Is hereby amended to provide that the
consideration payable by Company for the rights and privileges
granted to Company shall be four percent (4%) of its gross revenues
from the sale of electric power and energy within the corporate
limits of the City, said changed percentage to be applied to said
gross revenues beginning on June 1, 1993, and being payable as
specified in said Agreement.
Chc second amendment to the franchise agreerntnt extended the terms of the
franchise for one year.' The third and fourth amendment e..' ;odcd tbL terms of the
agreement by six months, respectively.` The fourth amendment expired in October
1999. As noted above, the City and the Company are negotiating a fifth amendment.
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2. Overview of Analysis
ki'llihise fee agreements are all essentially the same in terms of the grant,
activities allm%cd ;md compensation for the use of the public: right of way, 71ie City, like
'Ordinance No, 97.277 passed September 1997.
'Amcndnunt 3 Ordinance No. 98.159 pawed 5ci'cmbcr 1998 and Amendment 4
Ordinance No. 99.129 passed Ai•, 11999.
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all cities in'Pexas, have the right "...to fix a rental charge for the use of Its streets and
other public places by utility companies..,"'
The Franchise Agreement with the City grants the following rights to TXU-
Electrir
City agrees to accept such payment as N11 compensation to he paid
by Company for the privilege of using and occupying the streets,
alleys, highways, easements, parks, and other public places within
the present and future territorial limits of City, while this agreement
is in effect, in lieu of and shall be accepted as payment for all of
Company's obligations to pay occupation taxes, assessments,
municipal charges, fees, rental pole rentals, wire taxes, license and
inspection fees or charges, administrative and processing fees, utility
casement taxes, franchise taxes, street taxes, street or alley rentals,
certain regulatory expenses under Section 24 of the Public Utility
Regulatory Act or any successor law, and all other charges, levies,
fees, rentals and taxes of every kind, except the usual general or
special ad valorem taxes which the City is authorized to levy and
impose upon real and personal property, assessments for public
improvements, and sales taxes as allowed by State or local law.
As consideration for this right, TXU•Electric has agreed to pay to the City
throughout the term of the franchise a sum of money equivalent to four percent (4%)° r
of the gruss revenues from the sale of electric power and ener&,y at retail in the City.
The key factors influencing the calculation of franchise fees are gross receipts and
the percentage for the fee. The terns "gross receipts" is not a defined term in the
Franchise Agreenew that is the subject of this proceeding. Therefore, the plain meaning
'See Fleming v. IILP, 138 S.W. 2d 520 (Tex. 1940). Also see V.T,C.A. Utilities Code
181.0(0 rod V.T.C.A. Code § 182.023. ,
'The original agreement set out a franchise fee percentage of 3%. In July 1993 an 1 r \ o
amended a,;rcement increased the percentage to 4%.
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of the term should be used. The meaning of the term gross receipts is clear that gross
receipts means the "whole, entire; total; without deduction."
Moreover, the Texas definition of gross receipts is consistent with the plain
meaning ascribed to these terms in Webstees New International Dictionary 1103 (2nd
Ed. 1940). Webster's defines "gross" NO mean
"Whole; entire; total; without deduction; as the gross sum, amount
weight - opposed to net. The gross earnings, receipts or the like are
the entire earnings, receipts on the like, under consideration,
without any deduction.
Black's Law Dictionary defines "gross revenues" to mean "receipts of a business
before deductions for any purpose except those specifically exempted." Black's Law
Dictionary 633 (5th. Ed. 1979).
DUCI has recalculated franchise fees for the City from 1997 through 1998 to
account for all revenues that the Company has erroneously excluded. 'T'aking into
account these revenues, DUCI has calntiated an underpayment in franchise fees of
approximately $197,916. An additional $58,211 Is added after applying an Interest rate
of 6% for underpayment of fees, Therefore, DUCT is recommending a total franchise fee
underpayment of $256,127. Each of DTJCI'5 adjustments are discussed in the follo%ving
section.
It. DUCPs Recommendations
The follo%%ing is a brief description of each issue and/or adjustment that DUCI
Is recommending to TXU•Electric's franchise fees for the period 1987 through 1998.
The remainder of the report describes, in greater detail, the basis of each adjustment.
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• The Company's interpretation of the term "gross receipts" and how it
affects the franchise (cc calculation.
• TXU-Electric has not paid the City fees on rent from electric property for
the period 1996 through 1998. TXU-Electric should have been paying the
City franchise fees on these rentals. For the period 1987 through the
implementation of the Telecommunications Act of 1990, TXU-Electric was
making use of right-of-way beyond the franchise grant. The impact of
these two issues results in an underpayment of approximately $35,240.
• TWElectric has not calculated franchise fees on miscellaneous revenues,
The Company appears to claim it should not be included as it Is not a
receipt from the sale of electricity. These revenues are in fact pan of the
sale of electricity. This results in an underpayment in franchise fees of
$23,428.
TXU-Electric has reduced its franchise fee payments for business expenses
such as bad debt expense. Lost franchise fees on bad debt expense is
approximately $3,520.
TXU-Electric has not calculated franchise fees on sales tax. This results in
a loss of franchise fees in the amount of $84,465.
• 'I'XU•Electric has not paid franchise fees on revenues grossed up for
franchise fees. This results in an underpayment of approximately $51,263.
• TW-Electric's failure to properly pay its franchise fees requires that ,
interest be paid to compensate for the lost time value of money. This
results in an additional $58,211.
Tbc sum of these Issues result in a total franchise fee and interest
underpayment of approximately $256,127.
Schedule I breaks downs the franchise fee underpayment for each component, by
year.
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I. Rent From Electric Property
TXU-Electric did not pay the City for pole rental Income. For the period 1987
through at least 1995, TXU-Electric was engaged in the voluntary sale of pole tap
rentals. Our review of the franchise indicates that the Company's second business
activities exceeded the scope of the easement grant. In this analysis, all monies earned
for this period for these other business Pokities have been allocated to the City.
After Implementation of the Telecommunications Act of 1996, pole tap rentals
became mandatory. For this period DUCT has assessed a franchise fee on all these
revenues earned. This amounts to an underpayment to the City of $35,240.
2. Miscellaneous Revenue
TXU-Electric's franchise fee payment excluded franchise payments on
miscellaneous revenues. Miscellaneous revenues would Include account history,
reconnects, collections, returned check charge, etc. There Is no language in the franchise
agreement that excludes these revenues. The Company claims that miscellaneous
revenues is not generated from the sale of electric power and energy. This is not correct.
These gross recelpts are a direct result from the sale of electric power and energy such
as returned cluck fee and connection fees. Without the sale of electricity, these
miscellaneous revenues wuuld not be earned. The plain meaning of gross receipts
requires that these revenues be Included in gross receipts and the franchise fee
computation, This amounts to an underpayment of approximately $23,4'28 in franchise
fees from 1987 to 1998.
3. Bad Debt Expense
l'XU-Llectric has reduced the City's revenues for bad debt expense to determine
revenues that are subject to franchise fees, Bad debt expense costs is a cost of doing'
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business. iliere is nothing in the franchise agreement that allows the reduction of gross
receipts for bad debts. The definition of gross receipts includes all receipts including
promises to pay, The Company has no basis for reducing gross receipts and franchise
fee payments for bad debt. This results in an underpayment of $3,520 for the period
1987 to 1998.
4. Sales Taxes
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TXU•Electrie is obligated to pay franchise fees on all amounts i.e., gross receipts
that the Company took in or received. Sales taxes are obligations that TXU•Electric had
a right to receive from its customers as part of the sales price of electricity. Tlils should
be included as a portion of TXU•Electric's gross receipts for purposes of its franchise fee
payments to the City. Ibis amounts to an underpayment of approximately $84,465 in f
franchise fees from 1987 to 1998.
5, Revenue Gross U
TXU-Electric collected amounts from h, customers to pay its agreed franchise
obligation to the City of Denton. It is not dispuwj that the franchise fee obligation is
a cost of doing business. Nowhere in the franchise agreement is there any suggestion or
requirement that the fees be passed through to customers. By recouping the franchise
fees from its customers, TXU•Eiectric elected to increase gross receipts. The franchise
fee payments by customers arc part of gross receipts, but the Company has not paid
franchise fees on this amount of gross receipts. In a recent court case on this subject, the
court held that amounts collected by a utility to defray franchise fees are to be Included
in the amount of "gross revenues" used to calculate franchise payments! This amounts
to an underpayment of approximately $51,263 In franchise fees from 1987 to 1998.
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'City of Dallas v. FCC (1997 WL 398110 (3th Cir., July 31, 1991)),
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6. Interest on Unpaid franchise Fees
TXU-Electric's failure to properly pay franchise fees requires that prejudgment
interest be paid to compensate the City for the lost time value of money. prejudgment
interest is compensation allowed by law as additional damages for the lost use of money
as damages during the lapse of time between the accrual of the claim and the date of the
judgment, 'lhe award of prejudgment Interest is allowed by an enabling statue.
V.T.C.A. Finance Code § 302,002 allows a six percent {676) simple interest on contract
claims where damages arc ascertainable, beginning on the 30th day after the date on
which the amount Is due and payable. Taking Into account all adjustments, DUCI is
recommending be made to the franchise fee payments, accrued Interest for the period
1987 to 1998 is approximately $58,211.
7. Conclusions
As discussed in this report, TWElectric has erroneously reduces Its revenges
subject to franchise fees for revenues that should properly be included In the calculation.
The Company has been in violation with the franchise agreement since 1987, DUCI
recommends that the Company pay its past franchise fee obligations and accrued
interest in the amount of $256,127. DUCI also recommends that these rovnues should
be included In the Company's calculation oa an ongoing basis.
~ C, Calculation and Review of the Franchise Fee Due as Set Forth on SB 7
1. Overview of Issues
Senate Bill 7 set forth a calculation for municipalities to calculate municipal
franchise fees based on Senate Bill 7-caus/K-,vh calculation described In Seclh)n
33.008(b). 'I lie calculation takes the total franchise fee due to the City utilizing
calendar year 1998 revenue divided by total kilowatt hours energy sales for the year. A, , ,
The per Kwh amount would be multiplied each year by total Kwh to determine total ~r S
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franchise fee due to the City.
Senate Bill 7 alters the computation of franchise fees from a percent of revenues
to a per unit rate. The per unit :ate calculation Is based on the M'8 franchise payment
and sales levels, Thus, It is essential that the 1998 franchise fee payment be calculated
correctly. ChherMse. all future franchise fee payments roll he distorted.
2, Company's Calculation
The Company began with total revenues for calendar year 1998 ]w other
operating revenues and added forfeited discounts to determine adjusted revenues. The
Company multiplied the adjusted revenues by the 4% franchise fee to determine the
total franchise fee that would be due for calendar year 1998, according to the Company.
Finally, the Company divides this amount Into the total kilowatt hours for 1998 to E
calculate cents per Kwh delivered, This resulted in a cents/Kwh factor of 0.0028593.
This amount is multiplied each year by total Kwh sales to determine total franchise fee
due to the City each year.
3. Stunnra y of DUCI's calculation based on the Methodology set Forth
inSB7
DUCT has revicwsed the Company's calculation of the franchise fee methodology
set forth in S13 7. Basically, DUCT agrees with the Company's calculation except for the
calculat ion to determine the adjusted revenue amount. As set forth in this report, DUCT
believes that the Company has not properly calculated franchise fees on all revenue that
should be included in the calculation for calendar 1998. DUCT has determined that
FW-Electric has underpaid the City $17,679 in calendar year 1998.' nerefore, DUCI
"Sce Schedule I, 1998 franchise due.
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has recalculated the cents/Kwit delimed factor as set forth in SB 7. DUCE believes the
correct amount should be 0.00355673 per Kwh versus the Company's calculated
0.0028593. The following table provides the calculation.
MUNICIPAL FRANCHISE FEE
_ PER SB 7
Adjusted Revenue Pcr Company $1,812,103
Municipal Franchise Rate 44§
Municipal Franchise Rate Due 1998, Per Co. $72,484
Additional Franchise Due Per Schedule t 17 67
Total Franchise Due for 1998 $90,163
Total Kwh In 1998 25 34 9 1
1998 Cents/KWh Delivered
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.+"MITI«0°.!AUT!4eX "*R~+mr:.:.n«•a..u rsvm!mw-va ewrwurmnnrvan~~m•rwa+.,...-...........-...,,..«.....,..-~.rr wne.:•aw...+,+,urrn,+,.. •,n-.,.e.~...,
TXU • ELECTRIC COMPANY
SUMMARY OF TOTAL FRANCHISE FEE BALANCES
INCLUDING APPLICABLE INTEREST PERCENTAGE OF 9%
FOR THE YEARS 1087 THROUGH 19SS
0% TOW
Ravo w Rcnt From Misc. Bad Debt Franchl" Fw kowwo on FrwwM" Fa
YW gal" Tay S3matJJR EIeet& P.mort Ralsom Crtl m IJndomm r aochIALEn &Jmkm t
1967 3,160 2,310 2,993 $76 103 0,072 5,000 15,000
1900 4,317 2,467 3,931 373 206 11,313 6,7SS 16,101
1969 4,425 2,520 3,094 364 211 11,213 6,055 17,266
1090 5,234 2,617 4,025 2,202 21S 14,201 4,142 21,150
1991 5,603 2,765 3,662 1,426 232 14,110 6,920 20,037
1992 5,075 2,436 3,662 5.02t 203 11,107 6,161 23,356
1993 6,564 5,403 3,666 7,337 343 26,324 7,607 32,021
1094 0,472 6,062 3,640 2,063 370 22,706 5,440 20,100
1995 0,236 5,911 4,717 640 300 20,663 3,750 24,542
1096 9,545 0,100 221 700 302 10,056 2,036 10,001
1997 9,646 0,175 250 705 306 11,164 1,030 16,164
1996 9.916 6.158 216 126 in 12.611 W IA=
TOTAL 194-465
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DUCI DIVERSIFIED UTILITY
CONSULTANTS, INC.
IS c r a ROX12 DM'Q BM=110, A VBTDV, TIC ?On/
T3MXM0N261f@5T~ VW[61t07-100
December 2, 1999
Honorable Mayor and
Members of the City Council
City of Denton, Texas
RE: Summary of Findings and Concluslons Regarding the Franchise Fee Paym(nt
for TXU-Lone Star Gas
Dear Mayor and Council Members:
This report contains the results of Diversified Utility Consultants, Inc.'s {"DUCI") review,
analyses and recommendations regarding the franchise fee calculation for TXU•Lone Star Gas
("LSGC"). ''resented in this report are discussions of DUCI's analyses and proposed
recommendations regarding the franchise fee payments made to the City of Denton ("City").
On August 24,1999, DUCI was retained by the City to perform a review of LSGC"s franchise
calculations. The analysis of LSGC's franchise payment consisted of reviewing the franchise
calculations for 1998 and determining why there was a decrease in the amount paid to the City on
April 4, 1999 as compared to prior years. Also, a review was performed on LSGCs franchise foe
calculation for the period 1981 through 1998 to determine if the Company was in compliance with
the franchise fee agreement entered into with the City on July 20, 1982.'
Presented herein are what we believe to be appropriate and necessary adjustments to the
Company's franchise calculation based or the information provided by LSGC. The recommended
adjustments set forth in this report results in an underpayment of franchise fees by LSGC, to the City
in the amount of $861,088 based on calendar years 1982 through 1998. This $861,088
underpayment consists of franchise fee underpayment of $703,899 and applicable interest of
$157,190.1
The following table provides the annual underpayment of franchise fees, by category, for
calendar years 1981 through 1998 by LSGC:
Agreement was amended in September 1990.
'This is based on 6% simple interest.
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CITY OF DENI'ON•1NCORPORAIED ONLY
SUNINIARV OF TOTAL FRANCIIISE FEE AND INTEREST DUE
rout
Framhise Inkrest nn r'ranchise
Rrve nue Fl isc. Transpo.r1 ree rrsnchrx Red
Year Gross up Rrvenuel ltocnues Satn Taa llncullmioblea Underpaid fee Wont
1982 S2,137 5707 0 S2,137 $481 55,461 $5,349 S10,910
1987 54,406 $1,459 0 $4,4GC S4 rl $11,267 S10,779 $211410
1984 $4,701 $1,617 0 S4,10b $r,059 $11,066 510,155 S.12.441
1915 $4,153 $1,195 0 $8,11! • SW fl5JU3 112,171 $27,474
1986 52,010 51,492 0 54,145 1452 SA,D91 351951 S14,055
1981 $2,072 S1,336 0 $4)13 $466 $8.349 3.11610 117,971
191A $3.529 $1,479 0 59,261 5194 $13,015 59.114 524 ;IA
1989 $3.631 31,484 0 19,49 $819 515,490 $8,521 524,0,1
1990 S5114U 51,139 0 $17,661 S1,02! 122,291 S10,b96 S7 J, I91
1991 $91799 52,390 U $11,310 $1.319 330,101 $11,174 $41,991
19'!2 S9.W 52,464 0 SIX1171 fIJ59 171,161 S11 o641 $47.402
199J S'',A17 Sv57 0 $200494 51,416 1?4010 SM04J2 54091
1997 58!191 $ 21fd4 U SI 9,136 SI J4Y f~1,711 $1,777 339,474
1995 58,765 $1,714 0 511,261 $1J15 S31,053 $1,693 51048
1996 $4,954 f2,6.19 910,/21 $10,655 31,343 5142,073 5 16,148 SI 591981
199? S11,40 S2.01A S124,140 $19,593 51,411 515X,014 590170 5161,424
UNA $7,461 52.706 SIW,105 S15J47 S:119 5130,914 I7,9b1 SI J0 15
Total $1071607 374,220 1339761 MUM 511,711 S703,899 S. q,190 5861,061
A discussion of each of the issues raised and the changes recommended by DUCT are
presented in the balance of this report.
\ It must be noted that in the review of this filing, DUCT has encountered a number of
problems in obtaining information relevant to the franchise fee calculation from the Company. The
Company's delay in responding to the requested inrorrnation and the basic lack of information has
hindered DUC1's ability to analyze the overall reasonableness of the Company's calculation. Ti c
Company "as over one month late in responding to the questions. Furthermore, %ben the responses
ts'cre received, the Company refused to answer over 10610 of the questions. The C Tmpany rl '-,d
to the questions slating:
"'I'hc information requested is not pertinent to the calculation of franchise tax /
payment rnude to the City of Denton."
The questions Avcre regarding revenue broken down by category, topics of pages from the
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Company's annual sport, gas costs for the past 3 years, etc. These are pertinent questions in
reviewing whether the Company properly calculated its franchise fee obligation. The Company's
unilateral decision to decide R,e issue of relevant information made our task most difficult, The
Company's other typical response that Is non-responsive is;
"It will take the Company considerable time and effort to retrieve the material and
we would hope that the audit could he completed without this information-"
The Company's failure to timely and adequately provide basic data hindered DUCI's efforts
to gain additional information on crucial subject areas in the franchise fee calculation. While DUCI
is recommending an underpayment of franchise fee in the amount of $861,088 for LSGC, a further
adjustment may be warranted if DUCI is provided with more complete and timely data.
We invite the Mayor and City Council Members to review in detail the various sections of
this report and the various recommendations and adjustments proposed by DUCT. We appreciate
the opportunity to provido this service to the City, and we are prepared to answer any questions that
may arise from your review of this report, If the Mayor and/or City Council Members desires any
additional analyses or assistance, we will be available to assist you, your staff or your legal counsel
to the extent required.
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DIVERSIFIED UTILITY CONSULTANTS, INC.
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TABLE OF.CONTENTS
A. Overview of Analysis I
I. Issues to Address .............1
2. Discovery Problems ............................'2
3. Summary of Recommendations 2
B. Calculation and Review of the Franchise Fee Due on 1998 Gross Revenues 3
I. Overview of Issues . . 3
2. Company's Calculation , . 4
3. Summary of the Calculation of 1998's Franchise Fee 4
C. Calculation of Prior Years Franchise Fee Due . S
1. Overview of Analysis . . S
2. Adjustments Proposed 7
a, 'transportation Revenue .......................................7
b. Sales Taxes 7
C. Revenue Gross Up . 8
d. Miscellaneous Revenue 8
C. Uncollcctible Costs . 9
3. Interest on Unpaid Franchise Fees . 9
4. Conclusions 9
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FRANCHISE FEE REVIEW TXU LONE STAR GAS
A. Overview of Analysis
1. Issuesto Address
On or about August 24, 1999, the City of Denton ("City") retained Diversified Utility
Consultants, Inc. ("DUCT") to review LSGCs franchise calculation for calendar year 1998 and the
past franchise payments for the period 1982 through the present.
This review consisted of reviewing the franchise agreement bctwcen the City and the
Company and all amendments, responses to interrogatories, annual reports filed with the Railroad
Commission of Texas ("R CT and Commission"), and past rate proceedings. The goal was to
determine whether the Company is correctly calculating franchise fees according to the contractual
terms of the franchise agreement with the City,
The original franchise agrecmcnt provided the following language for the calculation of the
City's franchise fee:
Section 11.
Company agrees to pay and City agrees to accept, on or before the first day
of April, 1983, and on or before the same day o, each succeeding year during
the life of this franchise, up to and including the year 2001, a sum of money .
to be known as a street and public property rental charge which shall be
equivalent to two pcrce,ut (2%) of the gross receipts received by Company "
from the sale of gas to i.s domestic and commercial consumers in said City,
expressly excluding, however, receipts derived from sales to industrial
consumers in said City for the preceding calendar year, which annual
paymcm shall be for the rights and privileges heroin granted to Company,
including expressly the rights to use the streets, alleys and public ways of the
City in accordance with the terms and conditions contained herein.
(Fniphasisadded)
In September 1990, the franchise agreement was amended through City Ordinance No. 90-
108. T he franchise percentage was increased from 2% to 3%. ['er the amcnded agreement, ".,,f t]he j
other provisions of Section 11 shall remain unchanged."
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2. Discovery Problems
LSGC has made it difficult, if not impossible in some areas, to adequately review its
franchise fee calculation, DUCT has encountered numerous data response problems, These
consisted of responding to requests late. In addition, many requests were not answcicd and stated
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that the question is not pertinent to the review or it would be difficult for the Company to obtain the
irformation requested,
In a letter received from the Company's outside attorney dated April 27, 1999, the law firm
responded to the City's concern regarding the calculation of LSGC's franchise Ices that are due to
the City. The law firm stated the following retarding the inspection of the Company's records;
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"I must point out that it may not be possible to locate all of the records on
service charges within the City going all the way back to 1982, but Lone Star
certainly has no objection to making available for the Cily's inspection all of
such records as it has even though, as documented above, such are not
pertinent to the calculation of franchise fees under the franchise agreement
between the City and Lone Star." (Emphasis Added)
Nowhere in this stalcmcnt does it state the Company will limit its response because the
information would be difficult to retrieve or that the Company would limit its response on its
definition of pertinent infonnation, While DUCT does not know if limiting the supporting data is
part of the Company's overall litigation strategy, such approach makes the case review more
difficult.
3. Summary of Recommendations
The following is a brier dmdplion of each issue and'or adjustment that DUCT is
recommending to LSGC's franchise fees for the period 1982 through 1998. Each amount is stated
for the City of Denton . incorporated Customers only, The remainder of th,: report describes in
greater detail the basis of each adjustment.
I'hc review and recalculation of franchise fees due to the City for calendar year 1998
gross receipts,
1'he definition of "gross receipts" and how it affects the franchise fee calculation.
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• LSGC has not calculated franchise fees on sates tax. This results in a loss of
franchise fees in the amount of $208,935,
• LSGC has not paid franchise fees on revenues grossed up for franchise fees. This
results in an underpayment of approximately $103,663.
• LSGC has not calculated franchise fees on miscellaneous revenues. The Company
appears to claim it should not be included because it is not a receipt from the sale of
gas. These revenues are in actuality pars of the sale of gas. This results in an
underpayment in franchise fees of $34,220,
• LSGC has not calculated franchise fees on all revenue associated with transport
service. This results In an underpayment of $339,367 in franchise fees.
• LSGC has reduced its franchise fee payments for uncollc6blcs. Lost franchise fees
on uncollectibles Is approximately S 17,713.
• LSGC's failure to properly pay its franchise fees requires that prejudgment interest
be paid to compensate for the lost time value ofmoney, This results in an additional
$157,190.
• The sum of these issues result in a total franchise fee and interest underpayment of
approximately $861,088.
Schedule 1 breaks down the franchise fee underpayment for each component by year.
H. Calculation and Review of the Franchise Fee Due on 1998 Gross Revenues
1, Over%few of lssues
]'he City rcttcivtd its franchise fee payment from LSGC on April I, 1999, based on calendar
year 1998 revenues, it noted that the payment was signi ficantly less than prior year 1997's payment
and the lowest since 1991. The City contacted the Company to inquire about the decrease in fees
and whether all revenues that should be included have been The Company's outside law firm
responded that due to warmer weather and lower cost of gas, the fee was lower in 1998. It also
r'iered the City Ic review its books to rasure that this was in fact the case. At that time, UUCI was
retained to review both the current franchise payments and prior year payments to ensure the
Company remained in compliance with the franchise agreement.
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2. Company's Calculation
LSGC determines its revcnucs subject to franchise fees by taking the total residential and
com nercial revenues less sales revenues outside the City limits, Next, the Company reduces the
sales revenue for uncollectibles to calculate revenue subject to the franchise fee, according to the
Com,rany. This amount is multiplied by 3% to determine total franchise fee due to the City.
DUCT reviewed the Company's calculation from calendar years 1994 through 1998 to
deterr.tine whether LSGC has changed its methodology of calculating franchise fees, DUCT did not
note aay significant difference in determining the fees for the past four years.
3. Summary of the Calculation of 1999'1 Franchise Fee
In reviewing the Company's 1998 franchise fee due, DUCT reviewed both the methodology
and logic of the Company's calculation. In determining why the City's franchise fee was lower than
1997's fee, DUCI followed the following steps;
I. Reviewed past franchise fee calculations to determine that the methodology
employed by LSGC had not changed,
2, Reviewed the total volumes consumed, by class to determine whether there was a
drop in volumes, ,
31 Reviewed the cost of gas to determine whether there had been any changes in the cost
of gas.
4. Rcv1c-A cd other components of rcvcnucs to determine whether the Company included
all gross revcnucs required by the franchise agreement.
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In reviewing the Company's methodology of calculating resenucs, DUCI noted that t.SGC
has basically calcukatcd its franchise fee in the same manner since 1994. DUCI was unable to review
prior to 1994 since the Company would not provide the requested information. However, DUCI did
note that the volumes of gas decreased by approximately 10"6 from 1997 la 1998. This is consistent
with the warmer weather experienced during 1998. This is also consistent with documentation from
otlicr g;rs companies in'1'cxas. Yet anothersignificant factor is thedccrease in gas cost. The average AP
price per AicF decreased by over 12,5% from 1997 to 1998. These two components significantly
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reduced LSGC's ;998 revenues. This decrease was partially offset by the increase in the number of
customers and the weather normalization adjustment.
In DUCI's opinion, the Company has made two errors in its 1998 calculation. First, all
revenue that should have been included in the calculation was not included, LSGC excluded
franchise fee for miscellaneous revenues, transportation revenues, sales lax and the revenue gross-up
for franchise fee paid. Second, the Company reduced its 1998 revenues for uncoliectible expenses.
The franchise agreement does not state that uncol loctible expenses or miscellaneous revenues should
be deducted in determining franchise fee due to the City. Each of these issues are discussed in detail
in Section IC. In 1998 alone, DUCI has calculated that LSGC has underpaid the City of Denton in
the amount of 5134,815.'
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C. Calculation of Prior Years Franchise Fee Due
1. Overview of Analysis
Franchise fee agreements are all r;sent;ally the sanie in terns of the grant, the activities
allowed and the compensation given for the use of tic public right of way. The City, like all cities
in Texas, has the rig%! "...to fix a rental charge for the use of its streets and other public places by
utility companies,,,"' t
The franchise agreement with the City grants the following rights to LSGC:
"consent to use the present and future streets, alleys, highways, public places,
public thoroughfares and grounds of the City for the purpose of laying,
maintaining, operating therein and thereon pipe lines and all appurtenant
equipment needed and necessary to deliver and sell gas to persons, firms and
corporations,"
As consideration for this right, LSGC has agreed to pay to the City throughout the terns of
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'f'ranchise fee underpaid of $130.934 and intcresl of $3,881 = S 134,81 S.
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'Sec Flaring v. IILP, 138 S W. 2d 520 (Tex. 1940), Also see V.T,C,A, Utilities Code
IS I.r100 tmd V,T.C A, Code § I sn,25.
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the franchise a sum of money equivalent to two percent (2%)' of the gross receipts (excluding
industrial customers) from the sale of gas to its consumers within the corporate limits of the City.
The franchise fee percentage amount was increased in 1990, to 3% of gross receipts.
The fundamental issue In this case is the calculation of gross receipts. Since the term "gross
receipts" is not a defined term in the franchise agreement, the plain meaning of the term should be
used to further clarify its meaning. Gross receipts means the whole; entire; total; without deduction.
Moreover, the definition of gross receipts is consistent with the plain meaning ascribed to
these terms in Webster's New Intemational Dictionary 1103 (2nd Ed. 1940). Webster's defines
"gross" to mean:
"Whole; entire; total; without deduction; as the gross sum, amount weight
opposed to not. The gross earnings, receipts or the like are the entire
earnings, receipts on the like, under consideration, without any deduction.
Black's Law Dictionary defines "gross revenues" to mean "receipts of a business before
deductions for any purpose except those specifically exempted." Black's Law Dictionary 633 (Sth.
Fd. 1979),
Texas cases when applying the plain meaning of "gross," have recognized the tern to mean
the same as the definition given above. In the franchise agreement, the only expressly excluded
revenue is the receipts from sales to industrial customers.
DUCI reviewed the franchise agreement bctwcrn I.SGC and the City of Dallas. The
freuchisc agrcenicut was similar to Denton with a fcw minor variations. First, LSGC pays the City
of Dallas four (4%) percent franchise fees on gross receipts versus the 3% it pays to the city of
Dcuton. Also, LSGC dclines gross receipts in its franchise agreement with Dallas. It includes all
rcvcnucs but expressly excludes sales taxes and uncollectible. To expressly exclude these two
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' [he original agreement set out a franchise fee percentage oft°,b. In September 1990 an
amended agreement lncrcascd the percentage to 3%.
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items, it is reasonable to assume that the Company considers these amounts to be included in total
gross receipts. Therefore, using the definition of gross receipts and noting that LSGC only expressly
excluded industrial sales, it is reasonable to assume franchise fees should be calculated on all
revenue, including miscellaneous revenues, sales taxes and uncoll%tible.
DUCI has recalculated franchise fees for the City from 1982 through 1998 to account for all
revenues that the Company has erroneously excluded. Taking into account these revenues, DUCI
has calculated an underpayment in franchise fees of approximately $703,899. An additional
$157,190 is added after applying an interest rate of 6% for underpayment of fees. Therefore, DUCI
is recommending a total franchise fee underpayment of 5861,088. Each of DUCI's adjustments are
discussed in the following section
2. Adjustments Proposed
a. 'fransportation Revenue
The Company has failed to pay franchisc fees on gas commodity related revenues for sales
to transportation customers inside the City limits. These sales began in 1996. 1 here is nothing in
the franchise agreement to allow a reduction of gross receipts for gas revenues related to
transportation customers. Therefore, the Company has erroneously excluded these revenues from
its obligation to the City. This amounts to an underpayment of $339,367.
b. Sales Taxes
LSGC is obligated to pay franchise fees on all amounts that the Company took in or received
as obligations or promise to pay. Sales taxes are obligations that LSGC had a right to receive frorn
its customers as pan ofthe sales price of gas. This should be included as a portion of LSGC's gross
receipts for purposes of its franchise fee payments to the City. On the Company's revenue summary,
sales taxes must be added to calculate total revenues for the Denton Distribution System. The
Company has already admitted it is pan of gross receipts when it expressly excluded sales taxes
front the calculation ofgross receipts in Dallas. Since the City of Denton did not have a similar
expressed exclusion, sales taxes must be included in the revenue calculation for franchise fees, 'this
antounts to an underpayment of approximately 5208,935 In franchise fees from 1982 to 1998.
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c. Revenue Gross Up
LSGC collected amounL% from its customers for the purpose of paying its agreed franchise
obligation to the City. It is not disputed that the franchise fee obligation is a cost of doing business.
Nowhere in the franchise agreement is there any suggestion or regrdremenl that the fees be passed
through to customers. By recouping the franchise fees from its customers, LSGC elected to Increase
gross roceipts. The franchise fee payments by cust ~mers are part of gross receipts but the Company
has not paid franchise fees on this amount of gross receipts. The Fifth Circuit held that amounts
collected by a utility to defray franchise fees are to be included in the amount of "gross revenues"
used to calculate franchise payments! The Company recognizes and includes franchise fees as part
of gross receipts in the Company's franchise obligation with the City of Dallas. This amounts to an
underpayment of approximately $103,663 in franchise fees from 1982 to 1943.
d. Miscellaneous Revenue
LSGC's franchise fee payment excluded franchise payments on misr,llaneous revenues.
Miscellaneous revenues would include connection fees, returned check fces, aver hours connection
revenue, e1c. There is no language in the franchise agreement that excludes these revenues. The
Company claims that these revenues are not associated with the sale of gas. This is not correct.
These gross receipts are a direct result from the sale of gas such as returned check fee and connection
fees. Without the sale of gas, these miscellmeous revenues would not be earned, The plain meaning
of gross receipts requires that these revenues be included in gross receipts and the franchise fee
computation. The Company includes these miscellaneous revenues in the franchise fee calculation
for the City of Dallas. 1 he City of Denton should not be treated differently unless the City had
expressly agreed to exclude these amounts. This amounts to an underpayment of approximately
$34,220 in franchise fces from 1982 to 1998.
At. e "City of Dallas v. FCC (1997 WL 398730 (5th Cit., July 31, 1997)).
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e. Uncolleclible Cosu
LSGC has reduced the City s revenues fur uncollectible expenses to determine rcver wu s that
are subject to franchise fees. Uncollectible costs are a cost of doing business. There is nothing in
the franchise agreement that allows the reduction of gross receipts forbad debts, In the franchise
agreement with Dallas, the Company has expressed language to exclude uncollectibles Pram its
calculation. There is no such language in the City's franchise agreement. The definition of grass
receipts includes all receipts including promises to pay. The Company has no basis for reducing
gross receipts and franchise fee payments for uncollectibles. This results is an underpayment of
$17,713 for the period of 1982 to 1998.
3. Interest on Unpaid Franchise flees
LSGC's failure to properly pay franchise fees requires that prejudgment interest be paid to
compensate the City for the lost time value ofmoney. Prejudgment interest is compensation allowed
by law as additional damages for lost use of money as damages during the lapse of time between the
accrual of the claim and the date of tejudgment. The award of prejudgment interest is allowed by
an enabling statue. V.T,CA. Finance Code § 302.002 allows a six percent (60W simple interest on
contract claims where damages arc ascertainable, beginning on the 30th day after the date on which
the amount is due and payable. Taking into account all adjustments DUCT is recommending to be
made to the franchise fee pnyments, accrued interest for the period 1982 to 1998 is approximately
5157,190. '
4. Conclusions
As discussed in this report, LSGC erroneously reduces its revenues subject to franchise fees
for revenues that should properly be included in the calculation. The Company has been in violation
of the franchise agreement since 1982. DUCT recommends that the Company pay its past franchise
frc obligations and accred interest in the amount of $861,088. DUCT also recommends that these
•c%cn acs should be included in the Company's franchise fee calculation on a going forward basis.
The Company includes these revenues and additional revenues in its calculation of franchise fees
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for the City of Dallas.' ]t also pays the City of Dallas a franchise fee percentage of 4%. The City
of Denton should not be discriminated against. It should also receive franchise fees on all LSGC
revenues within the City as set forth in the Franchise Agreement.
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the city or Dallas also received franchise foes on industrial customers. iSGC has
expressly extludcd these revenues in the franchise agreement for Denton.
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TXU • GAS COMPANY
CITY OF DENTON • INCORPORATED ONLY
SUMMARY OF TOTAL FRANCHISE FEE BALANCES
INCLUDINO APPLICABLE INTEREST PERCENTAGE OF 6%
FOR THE YEARS 1662 THROUGH 1696 a
980% *3A% 16.6% NA%
Denton 4neorp O.nton 4neorp Denton *wwp Denton Lworp Denton 4FA" Derma 4neorp ToW
Transport Revenue MIS& Frwool 4ee Fee Inivest on Farwm" F"
Yut Bautwom Allmlu 200"14 Baullm Lnswkdiwm Mahn" Em ddKIM Lidma
1982 0 2,137 2,131 707 481 6,462 6,318 10,810
1963 0 4,406 4,408 1,459 991 11,263 10,338 21,600
1964 0 4,706 4,706 1,612 1,069 12,086 10,356 21,441
1985 0 8,315 4,158 1,696 936 15,303 12,171 27,414
1968 0 4,145 2,010 1.492 462 8,096 6,967 14,056
1987 r, 4,273 2072 1,5:91 468 9,319 6,630 13,978
1988 0 9,263 3,529 1,430 741 16,026 9,184 24,209
1989 0 9,549 31636 1,481 919 15,400 6,621 24,011
1990 0 130% 5,740 1,858 1,026 22,291 10,896 33,197
1991 0 18,310 9,789 2,390 9,318 30AN 13,174 43,081
1992 0 16,877 9,061 2,464 t Leo 31,761 41,641 43,402
1993 1) 20,494 9,037 2,357 1,476 34,166 10,432 44,507
1994 a 16,736 8,903 2,644 1,340 31,722 7,761 39,414
1991 0 10,261 8.m 2,714 1,315 31,066 6,693 38,740
1998 110,423 18,666 8.964 2,666 1,33 142,033 16,618 156,981
1997 124,610 19,595 9,405 2,603 1.41t 156,064 9,370 167424
1999 1041 1Rua L451 211 1114 133436 3661 13!818
TOTAL L116= 8208L]8 1 Lum f1Z713 fS m i1QJ9G Alum
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WORSHAM, 110RSYTHE SC WOOLDRIDOB, L.L.P.
ASTowsava AND COUVSKLOAO AT LAN
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" 1 I rMr. Herbert L. Prouty CITY eFDEk70k
City Attorney LEGAL DEPr,
City Attomey's office
city of Denton
215 East McKinney
Denton, Texas 76201
Re: Your Letter dated April 16, 11999, to Kirk King, District Manager, TU Electrici'.one
Star Gas, Demanding Payment of Allegedly Delinquent Franchise Fees Lnd
Requesting Information
Dear Mr. Prouty:
This letter replies to your above-referenced letter that claims that Lone Star Gas
Company owes the City monies under Its Franchise Agreement with the City.
Your letter first claims that franchise fees are owed on the service charges (i.e.,
returned check charges, con r,ection and disconnection fees, and other charges) While
Lone Star would agree that revenue received from such charges would fall within the
general definition of 'gross receipts," the Franchise Agreement dr;es Qot call for the
payment of the specified percentage of Jof Lone Star's gross receipts received within the
City. Instead, the Franchise Agreement (Ordinance No. 82-56, effective from August 19,
1982, which is 30 days after its final passage and approval, to September 6, 1990, when
Ordinance No, 90-108 became effective, which is 30 days after the final passage and
approval of Ordinance No. 90-108) provides that the franchise fee:
shall be equfvalont to two portent (2%)of the gross receipts
received by Company LroM_h safe as to its dome. fc r
Aad__C_Qmmcaclaf consrrmors f said City. expressly r A, r..
gXc adin 1~o-wever, recelpft q/ved from sac to
1
Lndusfrial consamcrs /n said Cify... (emphasis added) I
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Mr. Herbert L. Prouty Schedule 2
City Attorney page 2 of 6
City of Denton
April 27, 1999
Pago 2
Ordinance No. 90-108 (effective beginning September 6,1990, which is 30 days after its
final passage and approval)was an amendatory ordlnanoe, amending Ordinance No. 82-
56 only to Increase the percentage payment from 2% to 3%, Ordinance Mo. 90-108
specifically specifying that, except for that percentage change, 'the terms, provisions,
conditions and requirements of the aforesaid franchise ordinance shall remain In f, dl force
and effoot.'
Thus, the Franchise Agreement makes it clear that the appropriate percentage Is
not applied to all of Lone Stars gross receipts, but is applied only to the gross receipts
received from the Lone Start's sale of gas to domestic and commercial consumers other
than Industrial oonst;mors. Lone Star has been paying the franchise fee in accordance
with this provision in the Franchise Agreement. Revenues received from the application
of the service charges are obviously not revenues received from the sale of gas
Therefore, revenues from the application of those service charges are not included in the
franchise fee calculation.
The more limited basis to which the percentage is applied is made all the more clear
bycontrasting the Franchise Agreement betweenthe City and Lone Starwith the provision
before the Court in the case cited in your letter City of Dallas, Tex. v. F.C. G. 118 F.3d
393 (5" Cit. 1997), You cite that case for the proposition that the franchise fee is owed on
the franchise fee, claiming that Lone Star also owes the City such a tax on a tax. As
previously pointed out, the Franchise Agreement between the Cityand Lone Stardoes not
slate that the percentage payment is applicable to all of Lone Star's gross receipts, but
clearly stales that the percentage is applied to those gross recelpts received from the sale
of gas to domestic and commercial consumers other than industrial consumers. The
provision applicable in the City of Dallas case, on the other hand, required payment of
5 percent of such cable operators gross revenue derlved in
such period from the operation of the cable system.
118 F.3d at 394. The Court correctly held that this language Included all of the cable
operator's gross revenues received let connection with the operation of its business within j
the city, Including the franchise taxes. In other words, the provision in the Cry of Dallas
case was all-inclusive, including all revenues derived from the cable operator's operations
in the City. As the Court held:
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The phrase 'gross revenue has a generally accepted r ` At
,
meaning: p lressexpresslvlfnJf_ fhetermsofastatute, regulation or g9ritrac gross revenues mans all amounts
t.
Mr. Herbert L. Prouty Schedule 2
City Attorney Page 3 of b
City of Denton
April 27, 1999
Page 3
received from operations of a business. without deduction.
(emphasis added)
118 F.3d at 395. Here, the Franchise Agreement between the City and Lone Star does
expressly Limit the type of gross receipts to which the percentage is applied. Neither
service charges nor franchise fees are included within the gross receipts to which the
percentage Is applied because the percentage applied under the Franchise Agreement Is
expressly limited to gross receipts recelved `from the sale of gas to its domestic and
commercial consumers In said City, expressly excluding, however, receipts derived from
sales to Industrial consumers within said City."
The Cdy of Dallas case is further intoresling in that it traces the history of some
P.C.C. regulations pertaining to franchise fees applicable to cable operators that predated
the statutory provision before the Court. This historical discussion shows how the term
gross revenue (or, for that matter, gross receipts) can be limited by the language used.
The Court noted that a prior F.C.C. regulation allowed franchise taxes up to 3% of the
cable operator's 'gross subscriber revenues," which were defined in the regulations to
Include certain specified charges and to exclude "revenues derived from per program or
per-channol charges, leasod channel revenues, advertising revenues, or any other income
derived from the system.' The Court noted that the F.C.C. later changed its regulations
and allowed franchise fees up to 5% of "the franchisee's gross revenues per year from all
cable services in the community." The Court noted: 'This revision had the effect of
expanding the revenue base used to calculate franchise fees,' 118 F.3d at 396. Again,
the Franchise Agreement between the City and Lone Star clearly limits the gross receipts
to which the percentage Is applied, and those gross receipts do not Include either the
service charges or the amount of the franchise fee payments.
The third matteryou raised in your fetter concerned the reduced amount of the 1998
payment, compared to the payment for the prior year. The only reason why the franchise
payment was less then the previous yearwas because Lone Star's gross receipts from the
sale of gas to domestic and commercial consumers, excluding industrial consumers, within
the City were less than in (tie prior year. The principal reasons for the reduced gross
receipts were tho abnormally warnzerweather experienced during the heating season and
a reductiorz in gas cost. Indeed, Lone Star experienced a 9% decline in volume rlc sales
to such domoctic and commercial consumers in the City`ln , e compared to 1997.
Compounding this decline In volumetric sales was a decline In the cost of gas. Gas cost
for those domestic and commercial consumers dropped from $4.06 per Met in 1997 to A
$3.25 per Mcf in 1998, a 20% dro .The combination of lower sates volumes and lower !
gas prices caused the de rno in Lone Star's gross receipts from sales of gas to domestic
c
Mr. Herbert L. Prouty Schedule 2 t
City Attorney Page 4 of 6
City of Denton
April 27, 1999
Page 4
and commercial consumers, excluding Industrial consumers, and, hence thedecline in the
amount of the franchise fee payment.
In Inquiring about the decline in the 1998 franchise fee payment, you referred to the
Weather Normalization Adjustment (WNA) that Is contained In Lone Star's residential and
commercial rates and asked why that provision did not cause Lone Star's gross receipts
to be higher. The WNA did help offset some of the decline to Lone Star's gross receipts
and, therefore, caused the franchise fee payment to be higher to some extent than it would
have been if the WNA had not been in effect. The WNA does not, however, adjust the
entire customer bill. The WNA operates 9A/yon the margin component of rates and does
not operate on the cost of the gas itself; customers pay Lone Stars actual o)st of gas.
regardless of the weather. The cost of gas typically accounts for 65%. 70% of customers'
bills, so the WNA only operates on some 30% • 35% of the customers' bills. There Is also
a 50% limitation factor In the WNA baba on temperatures being 50% warmer or colder
than normal. Thus, while the WNA did resl,lt in higher franchise fee payments in 1998 than
would have been paid In the absence of a'NNA provision, the WNA does not come close
to fully making up for the abnormally warmer temperatures during the 1998 heating
season, and, of course, the WNA has no impact on the reduced per Mcf gas cost
experienced in 1998 compared to 1997. The 1998 franchise fee payment was correctly
calculated under the Franchise Agreement.
Your letter points out that Lone Star failed to swear to the calculations supporting
its 1998 payment as required by the Franchise Agreement, Lone Star apologizes for this
oversight. As you requested In your letter, enclosed you wtN find another copy of the
calculation supplied with the 1998 franchise payment to which an affidavit has been
attached.
Your letter requests certain information. Lone Star is certainly happy to make such
information available for inspection by the City. If a City representative will kindly call Ms,
13ockyArmstrong ((214) 812-22221 for an appointment to review Lone Star's records, Ms.
Armstrong will arrange for such an inspection I must point out that it may not be possible
to locato all of the records on service charges within the City going all of [he way back to
1982, but Lone Star certainly has no objection to making avai >lo for the City's inspection
all of such records as it has, even though, as documented above, such are not pertinent
to the calculation of franchiso fees under the Franchise Agreement between the City and 1
Lone Star.
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Lone Star takes its franchise obligations quite seriously. it again apologizes for J li'
omitting to submit an affidavit along with its 1998 payment and hopes that such omission
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Mr. Herbert L. Prouty
Schedule 2
City Attorney Page S ofb
City of Denton
April 27, 1999
Page 5
did not cause any undue hardship to the City, Lone Star has correctly applied the
appropriate percentages to the gross receipts as defined and set forth in the Franchise
Agreement, and no additional sums are owed to the City. I trust that you will agree after
you have had an opportunity to review this reply and check whalover Lone Star records
you feel appropriate to check.
I trust that the above fully answers your letter of April 16. If the City does want to
Inspect any of the records Gated in your letter, please have someone contact Ms.
Armstrong. If you have any questions about this letter or the subject of your letter of April
16, please do not hesitate to give me a call
Sincerely,
an Sohannan
Enclosure (1)
cc- Mr. Kirk King
Ms. Becky Armstrong
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LSGD Schedule 2
Page 6 of G
Summary by Revenue Class For Denton
SIrMofRevenue Rate SumofFee Poyaleat
Commerdal 32,iC6,662.29 J.M% 361,1i0.Ei
Asidealiar ' f6.t61.<93.6t1 7.000% ttSe.6t1.t2
Summery for try Name' a Donlon
Sum ii,e641SQ to s7]6.f111 f9
STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS:
Tne Undorsignod, acting by and in behalf of Lone Star Gas Company, does certify
and state that hi statement of the receipts or the Company from business done
In the Gty of Donlon. Texas during Ilu calendar year ended December 31, 1 090
is true and correct to the best of hLs knowledge and bo5ef
Witness the executlon hereof this ) 3 day al . L1Y r r 1999,
x Accou >.ng Men-3ger
Sway n and sub3mbed to bVore me, a Notary Public in qnd for 0 Slate of texas. I
F ~ GARY 0. FULf Ell
' • ' ,l KM 1Y Vubllc, evv al Ir-1s _ G
\y~+^x.1\~rl MP Comm Ert111116Dt - d eor a
-
ta7 ate of T'r..Ijt
tAflrSf~l ~ l A
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AGENDA INFORMATION SHEET AQeAdaNO 9q"JS "
JUM
12-l4-~q
AGENDA DATE: December 14',1999 D*
DEPARTMENT: Planning& Development D artment
CM/DCM/ACM: Dave Hill, 349-8314
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the draft interim development
standards ordinance intended to apply policies of the comprehensive plan t) specified development
applications.
BACKGROUND
During the November 9th, 1999 work session, Council members instructed staff to prepare an interim
ordinance designed to guide development decision-making until the city's development code is rewritten.
The draft ordinance was first reviewed during a December 7 h, 1999 joint City Council / Planning &
Zoning Commission public hearing. City Council and P&Z closed the public hearing, with City Council
dividing to discuss the ordinance at its December 14'h work session, and P&Z deciding to postpone
ordinance deliberations until December 15th. Until P&J, makes its recommendation, Council cannot lake
formal action on the ordinance.
Several persons provided comments during the public hearing. Most of the speakers were concerned that
projects currently underway would be adversely affected by the ordinance, and they asked to be exempted
from the requirements of the ordinance.
A copy of the draft ordinance that was handed out to Council and P&Z on December 7tb is attached
(Exhibit A). Some of the issues raised that Council may wish to address include:
I
I. An exemption for PD Concept Plans approved alter May V, 1997 would allow recently
approved PD's to submit Detailed Plans under existing regulations,
2. A threshold could be established, based upon site sire or number of dwelling units that would
provide relief for small developments that are unable to provide the amenities that larger
projects can provide.
3. An exemption for Agriculturally zoned land could be considered to allow those who N.ant to
develop at a density of one dwelling unit per acre or less to proceed under existing regulations.
4. 'line information requirements for the Zoning Plan related to "Design Feattires should be
revised to allow Council require as much detail as is necessary to make an inf)rmed decision.
5. A definition of the term "Affordable I lousing" should be added to he ordinanO.
6. Consideration should be given to "sun-setting", or expiration dates, for the Zoning Plan and
Project Plan, to the "tent allowed by law.
7. Consideration should be given as to whether the Project Plan should be considered a zoning
versus an administrative approval. If considered a zoning approval, the Project Plan will have / A
to undergo P&!, and City Council review with public hearing before both bodies. If /
considered an administrative approval, the Project Plan can be reviewed by Council only with
Courtesy notices sent to neighboring properly owners.
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The major premise of the interim ordinance is to create base densities for residential development, and e
allow limited increases in density in proportion to the developer's willingness to enhance the project.
Two types of submissions are proposed in the ordinance; (1) a Zoning Plan, which requires the substantial
evaluation of neighboring areas and the impact of proposed gross zoning densities, and (2) a Rifer plan.
which addresses the construction and lot characteristics of the project and allows evaluation of design
quality.
OPTIONS
1. Give staff direction regarding revisions to be made, with instructions to place the ordinance on the
first available Council agenda for action once the Planning & Zoning Commission has made a
recommendation.
2. Give staff direction regarding revisions to be made, with instructions to place the ordinance on the
first available Council agenda for work session discussion once the Planning & Zoning Commission
has made a recommendation.
RECOMMENDATION
The revisions made by Council on December 14`^ will be forwarded to P&Z on December 15'h. P&Z will
makes a recommendation regarding the ordinance to City Council on either on December 15'h or January
121h, with January 121h being the more likely dale. Scheduling decisions should be made once the extent
of ordinance revisions is known.
ESTIMATED PROJECT SCHEDULE
December 13th, 1999 Staff meeting with developers
December 14`h, 1999 City Council work session review
December 15`h, 1999 P&Z deliberations & possible recommendation
January 12'h, 1999 Likely date of P&Z recommendation
January 18'h, 1999 First likely date for City Council action
PRIOR ACTION/REVIEW 1
November 9" 1999 Council instructions to draft the interim ordinance
December 1", 1999 P&Z work session briefing
December 7'h,1999 Joint City Council / P&Z public hearing
FISCAL INFORMATION
The draft ordinance will increase the cost of residential development, in terns of both development
review processing and actual construction. Until the new development code in ready for adoption, the
interim code provides a transition toward higher expectations of development quality as indicated in the
comprehensive plan.
ATTACHMENTS
Cxhibit A: Draft Interim Orc'i ianee
Respectfully 4,1ed-
Da ill
ssistant City Manager, Development Services
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Exhibit A
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING
INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED
COMPREHENSIVE PLAN TO REQUESTS FOR ZONING AMENDMENTS AND
CERTAIN SPECIFIED DEVELOPMENT APPLICATIONS PENDING ADOPTION
OF A REVISED DEVELOPMENT CODE; PROVIDING FOR
ADMINISTRATION OF SUCH STANDARDS; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING A SAVINGS CLAUSE.
WHEREAS, the City of Denton has enacted by Ordinance No., new Comprehensive Plan
for the City of Denton on December 7, 1999, and superceding the Denton Development Plan; and
WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to
residential land use, growth management, housing and open space provision; and
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WHEREAS, the City intends to comprehensively amend its Code of Ordinances, including
inter Qua its zoning and subdivision regulations, in order to implement such polices, goals and
strategies; and
WHEREAS, it appears that substantial applications for approval of residential developments
ifi likely to occur in the intervening time period; and
WHEREAS, it further appears that approval of such development applications inconsistent
with the new Comprehensive Plan is contrary to the Intent and purposes of the plan; and
WHEREAS, Chapter 219 of the Texas Local Government Code authorizes municipalities to
enact regulations defining the consistency between comprehensive plan proposals and development
regulations; and
WHEREAS, a joint public hearing of the Planning and Zoning Commission and the City
Council concerning the adoption of this ordinance was held on December 7, 1999; and
WHEREAS, the City Is desirous of allowing property owners to proceed with development
applications for residential use pending the adoption of permanent revisions to the Land Development
Code, subject to interim standards that safeguard the health, safety and general welta+e of the
community; and
THE COUNCIL OF THE CITY OF DENTON, YAM HEREBY ORDAINS:
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Section I. Interim Development Regulations.
The following provisions hereby are incorporated as interim development standards pending the
adoption of permanent revisions to the City's Code of Ordinances that implement the policies, goals
and strategies contained in the adopted Comprehensive Plan concerning residential land use, growth
management, housing and provision of open space. Pending adoption of such permanent revisions,
these interim development regulations shall supersede conflicting provisions of the City Code of
Ordinances, including in particular and without limitation Chapter 34, Subdivisions, and Chapter 35,
Zoning, and shall read as follows:
SECTION A. GENERAL PROVISIONS
1, Intent and PurmMs.
It is the intent and purpose of these regulations:
a. to impose limitations and additional standards on residential development
applications within city limits in order to render such applications consistent
with the policies, goals and strategies concerning residential land use and
related growth management, housing and open space objectives set forth in the
newly adopted Comprehensive Plan, pending adoption of revisions to Chapters
34 and 35 and other applicable provisions of the City's Code of Ordinances
(which changes hereinafter collectively are referred to as the "Development
Code") that implement such policies, goals and strategies:
b. to permit property owners to submit applications for residential development
during such interim period, in order to receive preliminary or final approval
from the City for such projects, subject to limitations herein set forth: and
c. to integrate the limitations and standards herein imposed with the City's existing
development regulations governing residential use during the pendency of this
ordinance,
2. Ap 1 cabilit
These interim regulations apply to the following types of residential development
applications, Requirements of this ordinance vary according to whether a zoning plan
or a project plan must be approved for the project:
%rid
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(1) an application to amend the City's zoning map to any residential zoning
district classification provided for in the existing City Code of
Ordinances, including a Planned Development District containing a mix
of residential and/or non-residential uses;
(2) an application to approve a development application proposing residential
land uses, not Including Agricultural zoning districts, accompanying an
annexation agreement;
(3) an ap, lication to approve or amend a concept plan for residential use in
an existing Planned Development District,
(4) an application to approve or amend a development plan or a detailed plan
for residential use in an existing Planned Development District, where
the district was originally establ;shed prior to September 20, 1988 and no
concept plan or development plan has been approved by the City Council
after that date; or
(S) an application to amend a detailed plan for residential use in an existing
Planned Development District, where the proposed changes to the
detailed plan involve standards applied to zoning plans under these
interim regulations.
a. Standards for project plans apply to the following types of development
applications and must be satisfied prior to approval of such applicationsr
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(1) an application to approve a detailed plan for residential use in an existing
Planned Development District, in which a concept plan or development
plan was approved for the property after September 20, 1988 and which
does not propose changes to such concept plan or development plan;
(2) an application to amend a detailed plan for residential use in an existing
Planned Development District, in which a concept plan or development
plan was approved for the property after September 20, 1988 and which
does not propose changes that involve standards applied to zoning plans
under these Interim regulations; or
(3) an application to approve residential development on undeveloped land i
within an existing residential zoning district, or to replat land within such A, ,
district in order to increase the residential density thereof.
b. Any application to amend a concept plan, development plan or detailed plan in a
Planned Development District(s) must include all contiguous, urtdevr!oped land
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in unified ownership within such District(s), and all such land is subject to the
requirements of this ordinance.
3. Exemo([ons.
This ordinance does not apply to:
a, any residential development application for approval or amendment of a
preliminary plat or detailed plan (provided such detailed plan is subject to a
concept plan or development plan that was approved after September 20, 1998
and for which no changes to such concept plan or development plan are
proposed) for single-family or two-family residential use which wa, accepted for
filing prior to the effective date of this ordinance;
b. any residential development application for single-family or two-family
residential use, which is subject to an approved preliminary plat or detailed plan
which was approved prior to the effective date of this ordinance, or which was
accepted far filing In accordance with subsection (a) prior to such date;
C. any residential development application fo, approval of a building permit or
detailed plan (provided such detailed plan is subject to a concept plan or
development plan that was approved after September 20, 1988 and for which no
changes to such concept plan or development plan arc proposed) for multi-
family residential use which was accepted for filing prior to the effective date of
this ordinance;
d. any residential development application for approval for multi-family use, which
is subject to an approved detailed plan which was approved prior to the effective
date of this ordinance, or which was accepted for filing In accordance with
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subsection (c) prior to sued 7te;
C. any non-residential portion of a Planned Development that is affected by this
ordinance; or
f. any development application accepted for filling by the Director prior to
December 3, IV).
4. Duration.
This ordinance shall remain in effect until such time at the City enacts its Development
Code, as reflected In Section 1.2,a, to implement the policies, goals and strategies A$
concerning residential land use, and related growth man.QenY:ni, housing and open
space ob;ectives set forth in the newly adopted Comprehensive Plan.
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S. Effect on Other ftulations.
It is the intent of this ordinance that the standards set forth herein supercede any
conflicting standards under existing development regulations that apply to the
development application, it is the further Intent of this ordinance that provisions of
existing development regulations not in conflict with provisions of this ordinance
remain in effect and that such provisions apply with full force and effect to the
development authorized under this ordinance.
SECTION B. DEFINITIONS.
For purposes of this ordinance, the following terms are defined to mean:
Acre Qled for fflina means the status of a residential development application following
submission and acceptance as complete by the Director of all application materials and
documents required by the city code of Ordinances.
City means the City of Denton, Texas.
Community AMYL, Center means the area defined and do xribed in the i o nto
t tprehensive Plan
Density. gross. means the maximum number of dwelling units allowed under the zoning
classification per unit of land. Gross land area includes all the land within the boundaries of
the particular area, excluding nothing. (The Illustrated Book of Development Definitions,
CUPR. 1981) Gross density will be computed by dividing the maximum allowed number of
dwelling units by the total area within the project; rounded to the nearest tenth, using standard
rounding techniques.
DenO lrarrrfer means the removal of the right to develop or build, expressed in dwelling
units per acre, from land on one portion of a subdivision, project or zot? district to another
portion of a subdivision, project or zon" district where such transfer is permitted.
&Velonmenl ap icadon means the application form and all accompanying documents and exhibits
required of the applicant by the City for development review purposes and includes any of the
following applications for approval of single-family, two-family or multi-family dwelling units:
zonings, rezonings, planned developments, concept plans, detailed plans, development plans,
preliminary and final plats.
Deve;onment nlan means a development plan as provided for In Chapter 35, Article IV of the
Code of Ordinances of the City. A, r
Direclor means the Director of Planning and Development or his designate.
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Downtown Unlvcrab Core District means the area defined and described in the On of Denton
CoWrehensive Plan.
DM means the city's Development Review Committee.
Environmenfal(v Sensitive Areas means a feature of the landscape in its natural condition
I before any grading, excavation, filling or other man-made alteration, that is shown on the Q
pjDenton Environmentally Semilive Areas Map. These areas may include, but are not limited
to, floodway, floodplain fringe, riparian area, wetlands, ponds, lakes, rivers, wooded area,
and topography that exceeds 7% slope.
final ptaf means a final plat as defined in Section 34,11 and as provided for in Section 34-15 of
the Code of Ordinances of the City.
noo&IaL means the area designated as subject to flooding from the base flood (one-hundred-
year flood) on the flood Insurance rate map. The floodplain includes the floodway.
Modwav means a river, channel or other watercourse and the adjacent land areas that must be
reserved In order to discharge the base flood without cumulatively increasing the water surface
elevation more than a designated height. Normally, the floodway will include the stream
channel and that portion of the adjacent land areas required to pass the base flood (one-
hundred-year flood) discharge without cumulatively increasing the water surface elevation any
point more than one (1) foot above that of the pre-floodway condition, including those
designated on the flood insurance rate map.
Roadway fringe means the area located within the floodplain and outside the floodway.
Multi family dwelling means a building or portion thereof which is designed, built, rented,
leased, or let to be occupied as three (3) or more dwelling units or apartments or which is
occupied as a home or place of residence by three (3) or more families living in independent
dwelling units.
Neigh6orhood Center means the area defined and described in the Ci of Denton
Couorehensite Plan.
One-family wellint. attached. means a dwelling which is joined to another dwelling at one
(1) or more sides by a party wall or abutting separate wall and which is designed for
occupancy by one (1) family and is located on a separate lot delineated by front, side and rear
lot lines.
One family isti ,d(tached, means a dwelling deslgncd and constructed for occupancy by r
one (1) family ari located on a I)t or separate building tract and having no physical connection f t
to a building locate J on any otter lot or tract and occupied by one (1) family,
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Open smcr means any parcel or area of land or water essentially unimproved and set aside,
dedicated, designated or reserved for public or private use or enjoyment, or for the use and
enjoyment of owners and occupants of land adjoining or neighboring such open space.
Planned development means a planned development district as defined in Chapter 35, Article IV
of the Code of Ordinances of the City.
Prelirninaly vial means a preliminary plat as defined in Section 34.11 and as provided for in
Section 34.18 of the Code of Ordinances of the City,
Property owner means an all inclusive term denoting the person with primary responsibility
Loward the city to see that these development rules and regulations and the ordinances of the
city ate complied with. The term Includes person, firm, corporation, partnership or agent,
attorney-in-fact, manager or director, developer. Such term as used in this chapter always
includes one (1) or more of the persons enumerated in this section who own all or anY pan of
the land which is contemplated to be developed.
Qualified masonry product means brick, stone, stucco or masonry material that replicates
brick, stone or stucco.
Regional AcdYJ& Center means the area defined and described in the City of Denton
r rehensive Plan.
&creation facility means a place designed and equipped for the conduct of sports, leisure time
activities and other customary and usual recreational activities.
Residendal zoning dishfct or residential use means multi-family dwelling, two-family dwelling,
one family dwellings, attached, and one-family dwelling, detached uses.
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Rezoning means an application for amendment, supplement or change to zoning as provided for
in Section 35-7 of the Code of Ordinances of the City.
Strret tree means a tree that is listed on the city's list of eligible street trees adjacent to a public
right-of-way.
ny family dwelling means a single structure designed and constructed with two (2) living
units under a single roof for occupancy by two (2) families.
&Bkg means an application for the first zoning classification and land use conditions applicabl:
to real property as provided for in Chapter 35 of the Code of Ordinances of the City.
Zoning man rieans zoning district map as defined in Section 35-3 of the Code of Ordinances of A
the City,
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SECTION C. ZONING PLANS
1. Zoning Plan Reauiremen4s.
Every residential development application identified in Section A.U,a shall be
accompanied by a zoning plan, The zoning plan shall be the basis for the City
Council's decision whether to approve, approve with conditions or deny the residential
development application, based upon the standards set forth in this section; provided
that all other standards applicable to the residential development application have been
met. If the development application already contains the information and documents
set forth in this section, then such application may be treated as a zoning plan and shall
be evaluated under the standards in this section. If the application is approved or
approved with conditions, the zoning plan shall be incorporated as a part of the
approval.
A zoning plan shall contain the following:
a. Project name, vicinity map, scale, north arrow, and date.
b. A general layout of the development, showing the general configuration and
location of proposed land uses for the property to be developed for residential
land use and any contiguous property in unified ownership.
C. A computation of residential density for each type of residential use, consistent
with standards set forth in this ordinance.
d. Any reservations or dedications proposed.
C. Location of all significant natural features and indication of any planned
mitigation to changes to natural features.
f. All open space to be preserved, together with intended density transfers,
consistent with standards set forth in this ordinance.
g. Ail recreation facilities proposed, consistent with standards set forth in this
ordinance.
h, In the ca-:c of single family and two family development the proposed range of
lot sizes and the numbers of lots within each proposed category,
i, A summary of proposed design elements, if any,
j. An assessment of public facilities, demonstrating the adequacy of or provision
for public facilities serving the proposed development.
k. Proposed compatibility measures to be incorporated into the project design,
including adjacent density, building materials, garage standards, or buffering
and screening from adjacent uses.
1. Zoning designations adjacent to the proposed development,
M. The proposed method, connection, provider, and location of:
(1) The proposed water system.
(2) The proposed wastewater system, A ,
(3) The proposed method of drainage of the property.
(4) The proposed method of erosion and sedimentation control.
w n. Location of drainage ways, environmental buffer zones, or public utility
easements in and adjacent to the proposed development.
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o. A Traffic Impact Analysis shalt be required for any proposed site development
that can be reasonably expected to genera a more than 11,000 vehicle trip ends
during a single day and/or more than 100 vehicle trip ends during a single hour.
P. Drainage Study.
q. Water and Wastewater Demand Calculations.
r. Location of existing utilities.
S. Any other information deemed necessary by the Director to analyze the project.
2. Standards Applicable to Zoning Pla
a. Nature of Standards
The standards contained In this section governing zoning plans are minimum
standards. These interim development regulations and not intended to limit the
discretion of the City Council to deny a residential development application that
achieves the minimum standards contained in this section, or to condition the
application based upon overall considerations of health, safety and general
welfare.
b. Residential Density Limitation.
(1) Base Density.
Except as otherwise provided in this section, no application for
residential development subject to these Interim regulations shall be
approved for a gross density that exceeds the "base" residential density
standards that follow for the land included In the application. The actual
number of dwelling units approved may be less than the maximum
theoretically allowed for the project under base density, based upon '
overall considerations of health, safety and the general welfare.
Further, all other density limitations contained in the City's adopted
zoning district regulations apply to residential development applications
submitted pursuant to this ordinance.
(a) For single-family developments, three (3) dwelling units per
gross acre.
(b) For multifamily or single-family attached developments within;
1. Neighborhood centers, fourteen (14) dwelling units per gross
acre.
il. Community Activity centers, eighteen (18) dwelling units per
gross acre. A,
Iil, Regional Activity centers and the Downtown University Core
District, twenty-four (24) dwelling units per gross acre.
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(2) Density Transfer.
Environmentally sensitive areas shall be preserved. Residential density
may be transferred from environmentally sensitive areas, provided that
such areas are dedicated to the public or separately platted as common
areas for usable open space. Maximum density transfer shall be
computed according to the following rules:
(a) [lase residential density shall be expressed as gross density.
(b) The base residential density shall be separately computed for each
residential tract and for each residential comprehensive plan
category included within the site, exclusive of floodplain areas.
(c) Pot environmentally sensitive areas, gross density shall be
assigned according to the following rules:
1. a density of zero, if no density is proposed to be transferred;
or the area is required to be dedicated in order to meet the
requirements of the City's park dedication ordinance;
fl. a density or 1_5 dwelling units per gross acre for
environmentally sensitive areas for which density is proposed
to be transferred;
ill. a density of 0 dwelling units per gross acre for tloodway
areas.
(3) Requlremenls for Increased Density. I
(a) General Criteria
An increase in base residential density may be authorized by the
City Council if, based upon the zoning plan, the proposed
residential development provides amenities that:
i, mitigate the Impacts of residential densities greater than that
of the base residential density;
P, provide superior project design;
ill. increase project open space, pursuant to criteria in Section
C. 7.
iv, enhance the quality and usability of open space for the project
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and preservation of natural features preservation within the
project;
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v. benefit the community as a whole, In addition to benefiting
the residents of the development;
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(b) Maximum Densities
Density increases may be awarded based upon the criteria
contained In this section. However, gross density shall %A
exceed
a. For single-family developments, four arvJ one-half (4.S)
dwelling units per gross acre.
b. For multi-family or single-family attached developments
within;
1. Neighborhood centers, sixteen (16) dwelling units per
gross acre.
2. Community Activity centers, twenty-two (22) dwelling
units per gross acre.
3. Regional Activity centers and the Downtown
University Core District, thirty-six (36) dwelling units
per gross acre.
(c) Specific Criteria for Increased Density
(1) n S21c4 - A density Increase not exceeding ten (10) I
percent can be achieved by meeting the following
schedule:
I. The first one (1) percent ir:rcase in density may be
awarded if the project plan ksignates five (S) percent
of the project land area for open spaces
II. Subsequent one (1) percent increases in density may be
awarded for each additional one (1) percent of
designated oNo space.
(2) Recreational Facilities - A density Increase not exceeding
ten (10) percent can be achieved if a proposed
development qualifies for the maximum credit offered b A~
the ark land dedication
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(3) School Site Dedication - A density increase not exceeding
ten (10) percent can be achieved through the dedication of
a School District approved site.
(4) Housing Affordability - A density increase not exceeding
ten (10) percent can be achieved with a project having a
minimum of 50% of all dwelling units eligible to
participate in home ownership programs offered by the
City of Denton.
(5) Design Features - For every three of the design elements
listed In Section D.3. that are achieved, an increase In
density of 0.1 units per acre may be awarded. These
design elements, if used, must be indicated on the Zoning
Plan. Where apart I,. ular amenity pertains to a standard
that already is required to some degree for base density
approval, bonus density will be considered only to the
degree that the proposed amenity exceeds such
requirements.
(d) Compatibility Standards
(1) Zoning plans must demonstrate that the proposed
development is compatible with the existing and planned
adjoining uses and the character of the neighborhood in
which the project is located. Specifically the following +
standards shculd be Incorporated Into Zoning plans.
(a) VokUX. The density of the developed area of the
project within 300 feet of adjacent residential
development should not exceed the average gross
density of the adjacent residential development
within 300 feet of the project boundary. This
provision shall not reduce project density below
the base densities listed In Section C.2.b.(1).
(b) Masom , If the majority of dwelling units within
500 feet of the boundary of the project have at
least 50% of all elevations (excluding windows and
doors) comprised of qualified masonry products,
then all dwellings within the project should have
elevations comprised of no less than 73% qualified A~
masonry products.
(c) Umge Spaces. If the majority of dwelling units
within 500 feet of the boundary of the project have
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at least two enclosed parking spaces (garage
spaces), then all dwellings within the project
should have at least two enclosed parking spaces.
(2) Landscaping and screening shall be used to ensure
compatibility with adjoining uses according to the
following standards:
(a) For existing uses adjacent to proposed single-
family residential development:
Existing multi-family and single family attached
uses shall be screened with the following
attributes:
L Minimum bufferyard width of 10 feet:
fl. Minimum number of canopy trees equal to 1
per 25 linear feet of bufferyard; and
ill. Minimum number of understory trees equal to
1 for each canopy tree.
(b) For existing uses adjacent to proposed single-
family (detached) or multi-family or single-family
(attached) residential development:
Existing non-residential uses other than industrial
or manufacturing uses shall be screened with the J
following attributes:
1. Minimum bufferyard width of 15 feet: '
Ii. Minimum number of canopy trees equal to
per 20 linear feet of bufferyard; and
iii. Minimum number of understory trees equal to
1 % for each canopy tree.
Existing Industrial or manufacturing uses shall be
screened with the following attributes:
1. Minimum bufferyard width of 20 feet:
if. Minimum number of canopy trees equal to 1
per 15 linear feet of bufferyard; and
Iii. Minimum number of underslory trees equal to
2 for each canopy tree. ~A
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(e) Adequate Public racil(ties
(l) The land proposed for development must be served
adequately by essential public facilities and services. No
development application subject to these interim
development regulations may be approved unless and until
adequate public facilities exist or provision has been made
for water facilities, wastewater facilities, drainage
facilities and transportation facilities which are necessary
to serve the development proposed, whether or not such
face 'yes are to be located within the property being
develt.} ^.d or offsite.
(2) Proposed public improvements shall conform to and be
properly related to the City's subdivision regulations,
applicable master plans and capital improvement plans.
(3) The City may require the phasing of development or
improvements in order to maintain current levels of
service for existing public services and facilities or for
other reasons based upon maintaining the health, safety
and general welfare.
SECTION'b. PROJECT PLAN'S
1. Project Plan Requirements.
Every residential development application identified in Section A. 2.b and which is not
exempt under Section A.3 shall be accompanied by a project plan r
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Won- every
n All"
t etlafutirf if ~jecl i
=We n tct 1stY tti4 ttor f8'$ir catS(► 1' tt' „ MThe project plan shall be the basis for the City Council's decision whether to
2pM approve, approve with conditions or deny the residential development application,
based upon the standards set forth in this section; provided that all other standards
applicable to the residential development application have been met, If the
development application already contains the information and documents set forth in
this section, then such application may be treated as a project plan and shall be r
evaluated under the standards in this section, If the application is approved or approved A ,
with conditions, the project plan shall be incorporated as a part of the approval.
J A project plan shall contain the following;
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a. All of the information contained in a zoning plan,
b. Street names and locations of all existing and proposed streets within or on the
boundary of the proposed develop.-. gut, right-of-way, pavement widths,
sidewalks, and bikeways.
C. Lot layout with dimensions for all lot lines and lot area.
d. Location and use of all proposed and existing buildings, driveways, fences and
structures within the proposed development. Indicate which buildings are to
remain and which are to be removed
e. Density and area calculations:
(I) The total area in the development.
(2) The number of dwelling units in the development (include the units by
the number of bedrooms in each unit, e.g., ten (10) one-bedroom, 25
two-bedroom, etc).
(3) Area and percentage of the total project ,.tea coverage by:
i. Structures.
ii. Streets, roads, and alleys.
iil. Sidewalks.
iv. Recreation areas.
v. Landscaping.
11. The total area covered by tree canopy at maturity of the trees.
vii. Parking areas.
f, Loc.Aon and size of all existing and proposed public utilitie, in and adjacent to
the proposed development with the locations shown of:
(I) Water lines and diameters.
(2) Sewers, manholes and cleanouts.
(3) Storm drains and catch basins.
(4) Fire hydrants.
(5) Location and size of all public utility easements.
g. Location, size and use of contemplated and existing public areas within the
propose; development
h. A totographic map of the site at a two foot contour inttrval,
1. Location of all parking areas and all parking spaces, ingress and egress on the f!
site, snd on-sire circulation,
J. Use designations for all areas not covered by buildings, parking, or landscaping.
k. Locations of all significant landscape features includ`-tg, but not limited to, any
existing healthy trees of a caliber greater than six (6) inches, generally forested
areas, and creeks, wetlands, 100 year fioodplains, or ponds existing on the site.
Indicate any planned mitigation to changes of a natural feature.
L A landscape plan showing in detail the !ocation, type, and size of the proposed
landscaping aril plantings.
M. The elevations, surface area in sq, ft, illumination type, hr fhi, and
construction (material and style), and locations of all proposed signs for the A,
development. t +
n. Architectural elevations f, r all muiti•famlly buildings proposed on the property.
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All project plans shall Indicate the material, color, texture, windows, doors.'
and other design f-atures of proposed structums o, inchiding all visible
mechanical equipment, such as for heating and cooling. Elevations shall be
submitiM drawn to scale of one (1) Inch equals ten (10) feet or greater.
o. Any other Information deemed necessary to anal) ze the project.
2. PrWect Plan Standard .
a. Minimum Project an Standards
The following minimum standards of project design shall be addressed In the
project plan,
(1) ftn Pac
(a) Allocation of usable open space shall be made to each phase of a
proposed residential development, according to the minimum
open space requirements established for the base density, In the
event that common open space is not to be provided
proportionally by phase, the properly rraner shall execute a
reservation of open space by grant of easement or covenant in
favor of the City, authorizing the City to dedicate all or a portion
of such reserved area to comtt,,,n open space in the event that the
development Is not completed.
(b) The design and improvement of open space shall be in accordance
with the following standrr.',s,:
i. Open space area' shall be linked to existing and planned '
public open sp e arias to provide an overall open space
system for tht City comistent with the City's open space
plans.
II. Open space areas shall be arranged so as to maximize access
and utilization by residents of the planned residential
development project.
iii, Where oper. space Improvements are to be provided, actin e
recreation facilities shall be Installed. A safe, secure and
barricr•free system of walking or equestrian trails, paths,
bikeways, and/or walkways shall be designed. The system
shall link residences with recreation areas, schools, ' j
commercial areas and public facilities.
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(c) All multi-family developments over 25 units must provide a
minimum of fi teen (15) percent open space.
(2) Recreational Facilities - All developments of 5 or more dwelling units_
must provide ark land or fees in lieu of land accordin to & '
s al~t»'Cu~'of ~S"' t~ti ti
(3) Underground Utilities - All developments must provide for underground
utility installation, excepting electrical main sub-station, feeders.
(a) l &t &
(a) The standard minimum lot size for single-family detached
dwellings nt base density without density transfers or Increases
shall be 10,000 square feet.
(b) With density transfers from Environmentally Sensitive Areas,
base density may be converted to a mix of singk•family
residential lot sizes, with an average lot size of 6,000 square feet
subject to compliance with other development standards contained
in these interim reg-flations.
(c) With density transfers from Environmentally Sensitive Areas and
density Increases, base density may be converted to a mix of
single-family residential lot sires. with an average lot size of
5.000 square Net s ihject to compliance with other development
standards contained in these interim regulations.
3. Edo 'I n ondards for Mnsilly Increase eci Any residential development application for which approval of a zoning plan is
required, as set forth in Section A.42.a, n id which proposes residential densities
exceeding base density standards set forth in Section C. 2.b.(1) of these regulations,
must incorporate the following design elements if specified in an ap roved Zoning
Ill. t Any density LM iiii that "A e6Ml i v i4ieMI>;biAl.'p •p ° 'r f "
specifically provided for, deslptlod *Ad lati fldd le`L►J ernWb a bit" ~ikh "±u
lxreases wffl k allowed The credit for inclusion of these design feature! Is dependent
upon receiving approval for appropriate location and design.
A. Roadway connectivity to adjacent development - one street connection for each
650 linear feet of adjacency. A.
h. Interconnected streets - all streets must connect to other streets at both ends, or
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provide for the future connection when adjacent to undeveloped property,
C. Sir", trees - One (1) street tree per 30 linear feet of lot boundary adjacent to a
street.
d. Variety of lot sizes - At least thirty (30) percent of residential h is within the
project must be less than eighty (80) percent of the average lot size. At least ten
(10) percent of the residential lots within the project must be greater than otte
hundred twenty (120) percent of the average lot size.
C. Garage door orientation and setbacks - 40 percent of all garage doors may not
face the street. Garage doors of detached garages built In the rear yard of the
primary structure and those on a corner lot that face a secondary street are
excluded. No more than three (3) consecutive dwelling elevations may have
garage doors in the same plane (orientation and setback). Cf those garage doors
that face the street, at least sixty (60) percent must have setbacks of at least four
(4) feet behind the p. Imary front wall of the dwelling.
f. Sidewalks - Minimum S feet width, both sides of street.
g. {like and bike trails - Hike and bike !,iil independent from sidewalks is
provided thar connects public facilities or dedicated flood plain areas.
h. Common parking areas - Parking areas are provided within the right of way in
other than parallel parking form subject to approval of an appropriate design.
1. Traffic calming devices - Approved traffic calming devices are incorporated into
the street patterns.
j. Off-road vehicle storage • Off-street areas are provided for the storage of boats,
R%'s and other vehicles,
k. Fences - Along an arterial or collector street, fenetng is constructed of qualified
masonry products. Incorporates such design features as accent columns,
articulation, or caps. Along an arterial and collector street, openings in fences to
provide visual entry Into the project area.
1. Landscaped area or art - landscaped features such as fountslns, gardens, or
other features that enhance the project. Art such as monuments or other
sculptural objects that enhance the project may also be considered. Such
elements must be visible and accessible to the public. Ito
M. Transit facilities - the provision of bus turn-outs and coveted seating areas for
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bus riders,
n. Variety of housing types - Project offers three of the following types of housing
within the project: single family attached, single-family detached, two-family,
multifamily (less than S units in a structure), or accessory dwelling units.
o. Streets - Project offers street specifications consistent with the Comprehensive
Plan.
SECTION E. PROCEDURES
I. Apylication reou menu.
No development application subject to these interim development regulations shall be
approved without submission and approval of a zoning plan or a project plan, as
provided herein, consistent with the standards in this ordinance. If the application is
approved, the approved zoning plan or project plan shall be incorporated as an element
of the approval.
2. Processing of and decision on plans.
Zoning and project plans shall be processed and decided by the City Council in
accordance with the same procedures design ited in the City's existing development
regulations for processing and decision on the development application to which the
project plan is attached. In the event that the City's Code of Ordinances provides for
final decision by the Planning and Zoning Commission for any residential development
application subject to these interim regulations, the Planning Commission shall make a
recommendation to the City Council concerning the accompanying project plan and
shall make its decision subject to approval of the project plan by the City Council.
3. Decislon on application. {
The City Council shall determine whether to approve, approve conditionally or deny
the development application based upon its decision on the zoning plan or project plan
in accordance with the standards in these interim development regulations and pursuant
to the discretion vested in it by state law and city charter,
4, Project timing
a. 'rhe property owner may elect to reserve portions or the property for future A~ ,
residential development for development approval after the adoption of the
City's Development Code. Such tracts shall be clearly Indicated on the zoning
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plan,
b. The City Council may modify or condition, zoning plan approval on the
reservation of portions of the proposed development until the City has adopted
the Development Cod: that Implements the poNcirs, goals and strategies
concerning residential land use, and related growth management, housing and
open space objectives set forth in the newly adopted Comprehensive Plan,
S. Relief requests
a. The applicant may petition the City Council for relief from these interim
development regulations by requesting such relief in writing. The request for
relief shall be considered by the City Council In conjunction with action on the
project plan and development application.
b. The City Council shall not relieve the applicant from the requirements of this
ordinance, unless the applicant first presents credible evidence from which Ile
City Council can reasonably conclude that the Imposition of the residential
density limitations or other development standards deprives the applicant of a
vested property right or deprives the applicant of the economically viable use of
his land.
C. In deciding whether to grant relief to the applicant. the City Council shall take
into consideration the following:
(1) whether granting relief from the residential density limitations or other
development standards contained in these interim development
regulations, In the absence of permanent revisions to the City's Land
Development Code that implerrent the provisions of the comprehensive '
plan jeopardizes the City's best interests in preventing such effects;
(2) the suitability of the proposed residential uses in light of land uses
1 allowed in the zoning districts on property adjacent to the propoied site.
(3) the impact of the proposed residential use on the transportation and
other public facilities systems affected by the development;
(4) the measures proposed to be taken by the applicant to prevent negative
impacts of the proposed use on the neighborhood;
(5) the likelihood that sufficient relief will be provided to the applicant r
following adoption of the City's Development Code; ,t'
(6) the total expenditures made in connection with the proposed residential
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development in raiiance on prior regulations, including the costs of
installing infrastructure to serve the project;
(7) any fees reasonably paid in connection with the proposed use;
(g) any representations made by the City concerning the project and
reasonably relied upon to the detriment of the applicant
d. The City Council may take the following actions;
(1) deny the relief request;
(2) grant the relief request; or
(3) grant the relief request subject to conditions consistent with the criteria
set forth in this section.
6. Minh to relief.
Any relief granted by the City Council shall be the minimum deviation from ordinance
requirements necessary to prevent deprivation of a vested property right.
Section I►. SP1srabilit I
If any provision of this ordinance or the application thereof to any person or circumstance is held
invalid by any court, such invalidity shall not affect the validity of other provisions or applications,
and to this end the provisions of this ordinance are severable.
Section IIL Lfftdhs Q,
This ordinance shall become effective ujton the date of its passage and y
rova
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Section IV. Savings C ausC. f '
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Save and except provisions hereby amended or superseded, all remaining sections, sentences and
paragraphs of the Code of Ordinances of the City of Denton shall remain In full force and effect.
PASSED AND APPROVED this the `day of December, 1999.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _
APPROVED AS TO LEGAL FORM:
HERB PROUTY, CITY ATTORNEY
BY:
.
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Aoeedi No "_0
AGENDA INFORMATION SHEET AflNtdl
Date
AGENDA DATE: December 14, 1999
DEPARTME,4T: Legal Department
CM/DCWACM: Herbert L, Prouty, City Altornq
SUBJECT: An ordinance of Ihe City of Denton, Texas, amending and superceding In its entirety
Ordinance No. 99-440 establishing a moratorium pending the adoption of interim standards for
applying policies of the adopted comprehensive plan to certain specified residential development
applications prior to adoption of a revised land development code; providing for exemptions;
providing for scverability; and providing an effective date.
BACKGRQUND: The City Council adopted Ordinance No. 99.440 ([he residential moratorium
ordinance} on December S, 1999. Sortie Council members have expressed dissatisfaction with
both the scope of the ordinance and the exemptions, It was late when the Council considered the
ordinance which contributed to some misunderstandings, Some Council members have asked
that we revisit the ordinance at the December 14, 1999 Counci! meeting, The proposed
ordinance will amend and supcrcede Ordinance No. 99.440 in its entirety, 11 places moratoriums
on the acceptance and processing of preliminary plats, final plats, building permits for residential
developments. It also places a moratorium on an application for a detailed plan where a
development plan has been previously approved, This is the type of detailed plan that has been
delegated to P&Z under Section 35154 of (he Code of Ordinances. There are only two
exemptions: a residential development application for property that received zoning approval on
or alicr April 7, 1998 and an application for final plat approval for single-family dwellings where
a prcliminaey plat has previously been approved, April 7, 19A was the date the City Council
adopted the resolution for the Denton Plan Policies. Zoning approval is defined as any zoning or
rezoning and includes approval of a concept plan or detailed plan. The exemptions in the
proposed ordinance will continue to allow projects like the Pres,:ne, the Robson Project and the
Smith Project to proceed without delay. The only projects that will be impacted by this
ordinance arc those that have not received zoning approval since April 7, 19913 and only to the
extent plat or building permit approvals are requested.
PRIQRACTION/REVIEW, Adoption of Ordinance No, 99-440 on December 8, 1999.
ADDITIONAL, CONSIDERATIONS AND RE OMMENDAT1ON: Your options are to
approve this crdinance, approve the ordinance with revisions, or not approve the ordinance.
Respect fully submitted, r l
By: _
Herbert L. Prouty
City Attom
•fN Lnl. YMtlillw,r ~ I M MwnYywY Mn^~n MI ~~il,~ Y Y
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I M~f4'16LA DNY~y,~t ~ rsml~ IYYYiY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING AND SUPERCEDING
IN ITS ENTIRETY ORDINANCE NO. 99.440 ESTABLISHING A MORATORIUM
PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING POLICIES OF
THE ADOPTED COMPREHENSIVE PLAN 'r0 CERTAIN SPECIFIED RESIDENTIAL
DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LAND
DEVELOPMENT CODE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHF.RFAS, the City of Denton has enacted by ordinance, a new Comprehensive Plan for
the City of Denton on December 7, 1999, which supercedes the Denton Development Plan; and
WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to
residential land use, growth management, housing and open space provision; and
WHEREAS, the City intends to comprehensively amend its Code of Ordinances,
including Inter alia its zoning and subdivision regulations, in order to implement such polices,
goals and strategies; and
WHEREAS, it appears that substantial applications for approval of residential
developments-is likely to occur in the intervening time period; and
WHEREAS, it further appears that approval of such development applications
inconsistent with the new Comprehensive Plan is contrary to the intent and purposes of the plan;
and
WHEREAS, a joint public hearing of the Planning and Zoning Commission and the City
Council concerning the adoption of interim regulations was he'd on December 7,1999; and
WHEREAS. at the December 7, 1999 Joint meeting the City Council was unable to adopt
such interim regulations; and
WHEREAS, at such City Council meeting the City Council adopted Ordinance No 99-
440 establishing a moratorium on certain residential development applications pending the
adoption of the inteiim regulations; and
WHEREAS, the City Council finds that it is in the public interest to amend such
ordinance in its entirety.
i
THE COUNCIL OF THE ,1711Y OF DENTON HEREBY ORDAINS: A
SECTION 1. Ordinance No. 99-440 is hereby amended and superceded in its entirety to
read as hereinafter provided for in this ordinance.
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SECTION 2, Moratorium Established,
(A) Except as otherwise provided herein, from and after the effective dale of this
ordinance and during the Moratorium Period as specified in Section f of this
ordinance, no City employee, officer, agent, bureau, department or commission of
the City shall accept for filing any residential development application, not take
any action to process such application or any other residential development
application previously filed before the effeclive date of this ordinance, Including
but not limited to acceptance of fees, review or evaluation of the applications,
scheduling for public review or heating, formulation of conditions or Issuance of
preliminary or final approvals of such applications.
(B) In the event that an application for a residential development application is
submitted to the City, the application shall be returned, together with any
proffered application fee, to the applicant with notification that the application
will not be accepted for filing or further processing for the duration of this
Moratorium Ordinance.
(C) Any action taken by any City employee, officer, agent, bureau, department or
commission of the City to accept for filing or to further process a development
application after the effective date of this ordinance is deemed void and of no
effect.
SECTION 1. Exemptions. This ordinance does not apply to the following types of
residential development applications:
(A) a residential development application for property that received zoning approval
on or after Apri17, 1996;
(B) an application for final plat approval for single-family dwellings where a
preliminary plat has previously been approved;
SECTION 4. Definitions. For purposes of this ordinance the following terms are defined
to mean:
Accepted for filinc means the status of a residential development application
following submission and acceptance as complete by the Director of all
application matcriala and documents required by the City Code of Ordinances.
C11Y means the City of Denton, Texas.
Concept plan means a general concept plan as provided for in Chapter 33, Article
IV of the Code of Ordinances of the City.
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Detailed plan means a detailed plan as provided for in Chapter 35, Article IV of
the Code of Ordinances of the City.
Development plan means a development plan as provided for in Chapter 35,
Article IV of the Code of Ordinances of the City.
Director means the Director of Planning and Development or his designate.
Final plat means a final plat as defined in Section 34.11 and as provided for in
Section 34.15 of the Code of Ordinances of the City.
MAW-[='Iy means multiple-family dwelling (apartment) as defined in Section
35.76 of the Code of Ordinances of the City.
Planned develgpilient means a planned development district as defined in Chapter
35, Article IV of the Code of Ordinances of the City.
Preliminary plat means a preliminary plat cs defined in Section 34.11 and as
provided for in Section 34.18 of the Code of Ordinances of the City.
Proyerty owner means an owner as defined in Section 34.11 of the Code of
Ordinarces of the city.
Residential development application means an application for preliminary plat or
final plat approval for residential uses, an application for a detailed plan for
single-family dwellings where a development plan has previously been approved
or an application for building permit approval for multifamily dwellings.
Residential develoV=jgplication refers to the application form, togekher with
all documents and exhibits required of the applicant by the City for development
review purposes.
Residential zoning 'strict or residential uses means mLlti-family dwelling, 1wo-
family dwelling, one-family dwellings, attached, and one-family dwelling,
j detached uses.
Rezoning means an application for amendment, supplement or change to zoning
as provided for in Section 35.7 of the Code of Ordinances of the City.
Single-family, attached means one-family dwelling (attached) as defined in +
Section 33.76 of the Code of Ordinances of the City,
Single-family. detached means one-family dwelling (detached) as defined in
Section 35.76 of the Code of Ordinances of the city.
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Iwo-family dwetline means a two family dwelling as defined in Section 35.76 of
the Code of Ordinances ofthe City,
ZQa a means an application for the first zotdng classification and land use
conditions applicable to real property as provided for in Chapter 35 of the Code of
Ordinances of the City.
Zoning approval means the adoption of an ordinance approval zoning or rezoning
and includes approval of a concept plan or detailed plan other than a detailed plan
approved under Section 35.154 of the Code of Ordinances of the City,
Zoning man means zoning district map as defined in Section 35.3 of tho Code of
Ordinances of the City.
SECTION 5. Relief From Mga QrLu1
A. Reliefreaueri(,m
1. The applicant may petition the City Council for relief from the
moratorium by requesting such relief in writing.
2. The City Council shall not relieve the applicant from the requirements of
this ordinance, unless the applicant first presents credible ev'dence from
which the City Council can reasonably conclude that the imposition of the
moratorium deprives the applicant of a vested property right or deprives
the applicant of the economically viable use of his land.
3. In deciding whether to grant relief to the applicant, the City Council shall
take into consideration the following:
(a) whether granting relief from the moratorium jeopardizes the City's
best interests in implementing residential density limitations or
other development standards contained in the proposed interim
development regulations;
(b) the suitability of the proposed residential uses in light of land uses
allowed in the zoning districts on property adjacent to the proposed
site;
(c) the impact of the proposed residential use u., the transportation
anu other public ;acilities systems affected by the development; A, t;
t~,\ .
(d) the measures proposed to be taken by the applicant to prevent
negative impacts of the proposed use on the neighborhood;
Page 4 of 6
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(e) the likelihood that sufficient relief will be provided to the applicant
following adoption of the interim regulations;
(Q the total expenditures made in connection with the proposed
residential development in reliance on prior regulations, including
the costs of installing infrastructure to serve the project,
(g) any fees reasonably paid in connection with the proposed use;
(h) any representations made by the City concerning the project and
reasonably relied itp`m to the detriment of the applicant.
4. The City Council may lake the following actions:
(a) deny the relief request;
(b) grant the relief request; or
(c) grant the relief request subject to condition, consistLnt with the
criteria set forth in this section.
B. Minimu relief. Any relief granted by the City Council shall be the minimum
deviation from ordinance requirements necessary to prevent deprivation of a
vested property righl.
SECTION 6. Moratorium Period, The moratorium establish d by this ordinance shall
commence on the effective date of this ordinance and expire of February 2, 2000 Ili City
Council reserves the right to extend the moratorium if the interim regulations do not biome
effective on or before said date, Should the interim regulations be adopted before said date, the
ordinance adopting the interim regulations will contain a clause terminating the moratorium as of
the date of such adoption.
SECTION 7. Preamble Findinim, The findings and recilations conta'ned in the preamble
of this ordinance are substantive and are hereby incorporated into the body oP~:iis ordinance, f
SECTION g, 5=.abilily. If any provision of this ordinance or the application thereof
to any person or circumstance is held Invalid by any court, such invalidity shall not affect the
validity of o!her provisions or applications, and to this end the provisions of this ordinance are
severable,
SECTION 9. Effective Late. This ordinance shall become effective immediately upon - t.
the dale of its passage aM approval.
f
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PASSED AND APPROVED this the _ day of .1999.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY.ATTCORNEY
By:
Page 6 of 6
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ApsnQa No. t,
Apet►da Item
Dare
AGENDA INFORMATION SHEET
AGENDA DATE: December 14, 1999
DEPARTMENT: Legal Department
CM/DCNVACNI: Herbert L. Prou!y, City Attorney
SUBJECT: An ordinance of the City of Denton, Texas, establishing a moratorium pending the
adoption of interim standards for applying policies of the adopted comprehensive plan to certain
specified commercial development applications prior to adoption of a revised land development
code; providing for exemptions; providing for severabitity; and providing an effective date.
BACKGROUND: Some Council members have asked that we prepare a moratorium ordinance
to apply to commercial development applications. This ordinance places a moratorium on the
acceptance and processing of preliminary plats, final plats and building, permits for commercial
developments. The only exemption is for plat and building permit applications for property that
has received zoning approval on or after April 7, 1998. This was the date the City Council
adopted the resolution on the Denton Plan Policies. Zoning approval Is defined as any zoning or
rezoning and includes approval or & concept plan or detailed plan. The only projects that will be
Impacled by this ordinance are those that have not received zoning approval since April 7, 1998
and only to the extent plat or building pen-nit approvals are requested.
PRIOR ACTT N/REVIEW: No prior action.
ADDITIONAL CONSIDERATIONS AND RMCO MENDATION: Your options are to
approve this ordinance, approve the ordinance with revisions, or not approve the ordinance. If
this moratorium ordinance is approved, staff will need to be given direction to develop interim
regulations for commercial developments.
Respectfully submitted,
By. c! ,
Herbert L. rroW A;
City Atlo (r~~ c
111II . ,M1IOt(1n btes0 AO/INA MMMAlIOF NQtI ~.xl~awwY
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING A
MORATORIUM PENDING THE ADOPTION OF INTERIM STANDARDS F7R APPLYING
POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO CERTAIN SPECIFIED
COMMERCIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED
LAND DEVELOPMENT CODE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, the City of Denton enacted by ordinance, a new Comprehensive Plan for the
City of Denton on December T, 1999, which supersedes the Denton Devaiopment Plan; and
WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to
commercial land use and growth management; and
WHEREAS, the City intends to comprehensively amend its Code of Ordinances,
including Inter alto its zoning and subdivision regulations, in order to implement such polices,
goals and strategies; and
WHEREAS, it appears that substantial applications for approval of commercial
developments Is likely to occur in the intervening time period; and
WHEREAS, i• further appears that approval of such development applications
inconsistent with the new Comprehensive Plan is contrary to the intent and purposes of the plan;
and
WHFI%EAS, the City Council finds that it is in the public interest to develop and adopt
interim regulations applicable to commercial developments pending the adoption of new code
provisions; and
WHEREAS, the City Council finds that it is in the public interest to establish a
1 moratorium on certain commercial development applications pending the development and
adoption of such interim regulations.
THE COUNCIL OF THE CITY OF DEMON HEREBY ORDAINS:
SECTION 1, Moratorium .st bli-thed.
(A) Except as otherwise provided herein, from and after the effective date of this
ordinance and during the Moratorium Period as specified in Section S of Us A
, ,
ordinance, no City employee, officer, agent, bureau, department or commission of
the City shall accept for filing any commercial development application, not take
any action to process such application or any other commercial development
application previously riled before the effective date of this ordinance, Including
i
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but not limited to acceptance of fees, review or evaluation of the applications,
scheduling for public review or hearing, formulation of conditions or issuance of
preliminary or final approvals of such applications.
(B) In the event that an application for a commercial development application is
submitted to the City, the application shall be returned, together with any
proffered application fee, to the applicant with notification that the application
will not be accepted for filing or further processing for the duration of this
Moratorium Ordinance.
(C) Any action taken by any City employee, officer, agent, burean, department or
commission of the City to accept for filing or to Father process a commercial
development application after the effective date of this ordinance is deemed void
and of no effect.
=JQ.Nl. Exemptions. This ordinance does not apply to a commercial development
application for property that received zoning approval on or after April 7, 1998.
SECTION 3• Definitions. For purposes of this ordinance the following terms are defined
to mean:
• Accepted for f lino means the status of a commercial development application
following submission and acceptance as complete by the Director of all
application materials and documents required by the City Code of Ordinances. j
CiIy means the City of Denton, Texas.
I
Commercial development Upli ation means an application for preliminary plat,
final plat or building permit approval for commercial uses. Commerc;a
development application refers to the a;plication form, together with all
documents and exhibits required of the applicant by the City for development
review purposes.
Commercial uses means any uses allowed by right or by special use permit under
the Commercial District and General Retail District as provided in Section 33.77
of the Code of Ordinances of the City including any planned development district
that contains any such uses.
Concept plan means a general concept plan as provided for in Chapter 33, Article
IV of the C,)de of Ordinances of the City. A,
Detailed plan means a detailed plan as provided for In Chapter 33, Article IV of
the Code of Ordinances of the City.
Page 2 of S
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Development plan means a development plan as provided for in Chapter 35,
Article IV of the Code of Ordinances of the City.
Direr means the Director of Planning and Development or his designate.
Final Mal means a final plat as defined in Section 34.11 and as provided for in
Section 34.15 of the Code of Ordinances of the City.
EwUd development means a planned development district as defined in Chapter
35, Article IV of the Code of Ordinances of the City.
Preliminary .W means a preliminary plat as defined in Section 34-11 and as
provided for in Section 34-18 of the Code of Ordinances of the City.
I
Property-owner means an owner as defined in Section 34.11 of the Code of
Ordinances of the City.
Rezonin¢ means an application for amendment, supplement or change to zoning
as provided for in Section 35.7 of the Code of Ordinances of the City.
Zoning means an application for the first zoning classification and land use
conditions applicable to real property as provided for in Chapter 35 of the Code of
Ordinances of the City.
Zoning;pproval means the adoption of an ordinance approval zoning or rezoning
and includes approval of a concept plan or detailed plan.
Zoninp, ma means zoning district map as defined In Section 35.3 of the Code of
Ordinances of the City.
SFCT10N 4. Relief rrom Moratorim
A. Relief =uest
1. The applicant may petition the City Council for relief from the
moratorium by requesting such relief in writing.
2. The City Council shall not relieve the applicant from the requirements of
this ordinance, unless the applicant first presents credible evidence from
which the City Council can reasonably conclude that the imposition of the
moratorium deprives the applicant of a vested property right or deprives ` n
the applicant of the economically viable use of his land.
3. In deciding whether to grant relief to the applicant, the City Council shall
take into consideration the following:
Page 3 of S
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(a) whether granting relief from the moratorium jeopardizes the City's
best interests in implementing development standards to be
contained in the proposed interim development regulations;
(b) the suitability of the proposed commercial uses in light of find
uses allowed in the zoning districts on property adjacent to the
proposed site;
(c) the impact of the proposed commercial use on the transportation
and other public facilities systems affected by the development;
(d) the measures proposed to be taken by the applicant to prevent
negative impacts of the proposed use on the neighborhood;
(e) the likelihood that sufficient relief will be provided to the applicant
following adoption of the interim regulations;
(f) the total expenditures made in connection with the proposed
commercial development in reliance on prior regulations, including
the costs of installing infrastructure to serve the project;
(g) any fees reasonably paid in connection with the proposed use,
(h) any representations made by the City concerning the project and
reasonably relied upon to the detriment of the applicant.
J
4. The City Council may take the following actions:
(a) deny the relief request;
(b) grant the relief request; or
(c) grant the relief request subject to conditions consiAtunl with the
criteria set forth in this section.
B. Minimum relief. Any relief granted by the City Council shall be the minimum
deviation from ordinance requirements necessary to prevent deprivation of a
vested property right.
~F.=Q L Moratorium Period, The moratorium established by this ordinance shall
commence on the effective date of this ordinance and expire on February 16, 2000. The City
Council reserves the right to extend the moratorium if the interim regulations do not become
effective on or before said date, Should the interim regulations be adopted before said date, the
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ordinance adopting the interim regulations will contain a clause terminating the moratorium as of
the date of such adoption.
SECTION 6. Preama F~bl__ nia_a. The findings and recitations contained in the preamble
of this ordinance are substantive and are hereby lacorporeted into the body of this ordinance.
SECTION 7. Rcxwb [ly, If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid by any court, such invalidity shall not affect the
validity of other provisions or applications, and to this end the provisions of this ordinance are
severable.
SECTION 8. Effective Date. This ordinance shall become effective immediately upon
the date of its passage and approval.
PASSED AND APPROVED this the day of _ 1999.
JACK MILLER, MAYOR
ATTE"T:
JENNIFER WALTERS, CITY SECRETARY
,
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. MjIMTY, CITY TTORNEY
By: r
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AGENDA INFORMATION SHEET Cato Item J 9
AGENDA DATE: December l4, 1999
DEPARTMENT: Planning & Development
CM/DCMIACM: Dave Hill, 349-8314
SUBJECT
Receive a report, hold a discussion and give staff direction regarding implementation of the Fry Street
Small Area Plan, specifically the creation of a Fry Street Zoning Overlay District.
BACKGROUND
The Fry Street Small Area Plan, adop:A June 15, 1999 provides a number of recommendations and
strategies to address the physical and social concerns identified by Fry Street area stakeholders. The
plan proposes several recommendations regarding the creation of a Fry Street Zoning Overlay District
to address off-street parking, location of solid waste containers, property maintenance, loitering and
glass containers; and the creation or a Fry Street Public Improvement District (FSPID).
A significant concern regarding the Zoning Overlay District involves off-street parking requirements.
The plan recommends the ciiminatior and exemption of non-residential development from the
provision ofoff-street parking with the establishment ofdeasity requirements for massing, height,
building coverage and floor to area ratios (FARs). The plan approved on June 15, 1999 by City
Council contains the following rocommendations related to off-street parking regulations:
Exempt all non-residential development from the provision ofoff-strect parking requirements
with the following provisions:
AlloNable building coverage: 160%
Allowable FAR: 2:I
Height Restriction: 3 stories (not to exceed 451)
Due to concerns regarding the relationship of eliminating parking in the area as it affects the
surrounding residential areas, slatTwas asked to hold one additional stakeholder meeting to present the
Fry Street Small Area Plan and its recommendations to the surrounding neighborhoods. A Fry Street
stakeholder meeting was scheduled fur December 6, 1999. On November 18, 1999, staff mailed
approximately 1,600+ notices to neighboring and adjacent properties. This represents a notification
area of 3 census blocks (approximately a 2,000 ft. radius). A total of 14 stakeholders attended the
meeting,
r1 ,
The majority of the meeting attendees (14 total) were Fry Street Development Corporation (FSDC) A,
members and property owners who regularly attended! past meetings; only three attendees were new to
participants. Staff presented the plan recommendations, specifically Gte off-street parting
recommendation and options, along with ahematives to address the on-street parking demands that will
be created as a result of the off-street parking possibilities. The FSDC members In attendance
indicated that they could support the 1:400 parking option. The three property owners that live in the
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area surrounding and adjacent to the Fry Street area were supportive of any option as long as on-strer t
parking issues in their neighborhoods are also addressed. The residents were also made aware that as
public streets, on-street parking on residential streets is allowed,
Public participation is the key component to the small area planning process. However, participation
by stakeholders immediately outside of the Fry Street area at the December meeting and past meetings
has been limited. Throughout the Fry Street small area planning process, interest has been limited to
the Fry Street area merchants and property owners. Initially, the Fry Street Small Area Planning
process included nearly 1.700 residents, property owners and merchants. It appeared to staff that once
the boundaries of the Fry Street Area were set and indicated no expansion into adjoining
neighborhoods, many residents from nearby areas felt their primary concern was addressed.
Gradually, ,luring the series of stakeholder meetings, attendance dwindled and was reduced to only the
Fry Strevi aroa merchants and property owners. As a result, the mailing and notification list was paired
down. Only those individuals who indicated an interest in the process were provided continued
notification.
The recommc,,&tions in the plan represent many months of meetings and workshops with Fry Street
area slakeholde.c to identify an agreed upon set of goals, recommendations and strategies to revitalize
the Fry Street area. The recommendation to eliminate parking is a product of the consensus reached by
a majority of the Fry Street area participants and is based on the following concerns identified by the
stakeholders:
• Off-street parking constrains expansion opportunities.
• The lack of redevelopment opportunities due to the legal non-conforming use status of most
establishments in the area. I f u>e Is changed, redevelopment is constrained by the present
parking requirements.
• Different uses have different parking requirements, Consistent parking regulations are
desirable.
s Parking is controlled by land contracts between the property owners and business owners,
• While wanting to avoid complications associated with expansion and the provision of off-street
parking, maximum build-out of the Fry Street area is not the ultimate goal.
OPTIONS
Option !
Direct staff to initiate a zoning amendment process to create a Fry Street Zoning Overlay District to
eliminate all off-street packing requirements and establish buiiding densities and mininwm area and
height requirements; determine the location and consolidation of solid waste containers; and to amend
the sign regulations for the District.
Option 1
Direct staff to initiate a zcn;ng amendment process to create a Fry Street Zoning Overlay District to
reduce all off-street parking requirements to 1:400; determine the location and consolidation of solid
.J waste containers; and to amend the sign regulations for District.
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RECOMSIENDATION
Option l is recommended by staff, and is consistent with the plan strategy supported by stakeholders,
and reflects the Council vote on June 15, 1999. The establishment of a Fry Street Public Improvement
District, use of $250,000 In capital improvem:r% and private expansion or redevelopment of existing
properties, is all part of an aggressive strategy to make long lasting improvements in the area. The
current parking requirements constrain the ability to pursue these objectives.
Attendance at tl.e December O meeting was low. Although the attendees indicated a willingness to
consider the 1: 400 parking option, staff cannot recommend reversing the adopted Fry Street Plan
parking strategy that included a much higher level of FSDC participation. Staff continues to maintain
its position tlu it on-street parking congestion in rdjo1ning neighborhoods is caused by UNT student
demand rather than Fry Stretf business patrons, and that the parking relief recommended in the
adopted plan will not have an adverse effect on neighborhoods. The 1:400
puking option will provide
interim relief to some business owners, but will not encourage the long-term investment aad
improvements envisioned by the Fry Street Plan.
Should Council decide to pursue the 1;400 parking option, staffrecommends that the Fry Street Plan
be amended to reflect such a change.
F.STMATED PROJECT SCHIQUIS
P & Z Public Hearing January 12, 2000
City Council Adoption February 1, 2000
ATTACHMENTS
Exhibit 1 December 6, 1999 Stakeholder Meeting Sign-up List
Exhibit 2 December 6, 1999 Stakeholder Meeting Handout '
Respectfully submitted:
5 c
Douglas Powell, AICP
Planning and Development Director
Prepared by: it
adra cnbe Ragland, AI f
Small Area Planning Manager
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EXHIBIT 1
OITYISM
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- M Cf( NFU ~S foul pkt4Z5L_~Q~T~~t~rx 6_3_v3.1t7t.
D_R.~4Y~✓_etL ,7'..a/Ol'AK_./~'.t%A~flya~'s? "•~~21.3Q/~ll~B,! 3P9~Jef
~31~~_ST~~~~4rit~_f_21?-~✓l~,r,~cc~-p~62s2i_...3'S!~r,
w0 /4~h►~bcu 77 ,
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December 6, 1999
F Street Stakeholder Meetin Handout
sf,,
FRY $~REET
RECOI*=NDATION IMPLEMENTATION ACTION
City serve as catalyst through the CIP.
The proposed 2000-2005 CIF project list was
approved by W ty Council October 19, 1999 and
PU6LIC-PRIVATE contains a $250,000 funding recommedation to
PARTNERSHIP make street, sidewalk, and traffic-related
(UNT, COD & FSDC) improvements in the Fry Street area. '
Area property owners ate in the process of
petitioning the City to oreate a Fry Street
Public y
v N
Solid waste containers will be
strategically grouped behind businesses.
Solid Waste Department will provide up to
$200000 In funds to cover screening costs.
CREATE A FRY - Elimination of off-street parking
STREET ZONING requirements for non-residential recommended.
OVERLAY DISTRICT Minimum area, height and density
requirements for non-residential development
to off-set elimination of parking
Ordinance prohibiting glass containers in
the fry Street District drafted.
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TABLE EXIST1140 Cb I"b o's Ili " HE `my
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STRHET AREA N'R,de~ `
LOT AREA # OFF-
REMAINING STREET EXISTING
GROSS GROSS FOR PARKING OFF-STREET AVG.
LOT AREA FLOOR AREA PARKING SPACES PARKING PARKING
(s.f.) (s.f.) (s.f,) REQUIRED SPACES RATIO
446,459 122,040 324,419 821 696 1:175
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The Effect of Parking Requirements on Expansion/Redevelopment
Opportunities
t:
Scenarios of parking at different ratios are presented in 'Fable 2. In calculating the data, the
following assumptions are made:
• Current parking ratio (average) = GFA/Parking Spaces =1:175
one parking space = Lot Area for Parking/Parking Spaces = 466 s.f,
• Parking ratios are consistently applied to all uses and is applied to the entire area
Required parking = the amount of parking spaces required for the district I
1:400 and L 1000 ratios depict horizontal expansion (vertical expansion may not be possible structurally
and may be cost prohibitive)
• No parking depicts redevelopment (vertical and horizontal expansion)
WABLE 2: ` rxs Kt*;4 AY,TL'MA~XVSS
s
costs I&OU Gross ea ZRIBETRg
Parking Area Floor for Parking
Scenario (GLA) Area Parking Spaces
1:176
(Exls Ung) 448,459 122,040 324,419 696
1 : 400
(6910 ey,ns1011) 448,459 208.217 240,242 618
,
1:1,000
• (150'7. owtlnslon) 446,459 304,642 141,917 305
No Parking
(Adopted SAP s
Option) 446 459 892,01S
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Parking Scenario: 1:400
Reducing the parking ratio to I parking space for every 400 s.f, increases the GFA to 206,217
s.f. This translates to an expansion of 69% (horizontal). The number of parking spaces is
{
reduced from 696 to 516, thus allowing 180 parking spaces {696 - 516} or 84,000 s.f (180 x
466) of the existing Lot Area for Parking to be used for expansion.
Parking Scenario: 1:1000
Reducing the parking ratio to I parking space for every 1000 s.f. increases the GFA to 305,542
s.f., which allows 150% horizontal expansion. Expansion is ~.Neved by removing 182,206
s.f. (or 391 parking spaces) from the existing Lot Area for Parking and adding it to the GFA. 1
Parking Scenario: No parking t:
Eliminating the parking requirements; allowing 100% lot coverage and a 2:1 FAR; and
limiting the maximum height to 3 stories, in the most extreme case, allows for maximum
build-out of the area. In this scenario, build-out can be any one use allowed in General Retail
Zoning or any combination of permissible uses. Complete residential development, including
multifamily, is not possible. Off-site (remote) parking and/or on-street parking could only
accommodate the potential parking demands created by this scenario. Arguably, total build-
out of the Fry Street area may provide the impetus and stimulus for remote parking
opportunities or other innovative or nontraditional parking solutions. Realistically, there is ,
little economic benefit to many of the merchants, especially restaurant and bar owners to
completely remove the customer parking that they presently provide.
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TABLE 3: ONO!WSTREW T. 1di2~Y
A
OPTIONS SPECIFIC REQUIREMENTS
HANG TAGS Each resident is provided hang
tags for discretionary
distribution
NO PARKING Parking is not allowed at any time
Z ONE S
TIMED Parking is not allowed during
specified times ...i.e. NO PARKING
PARKING ALLOWED 6 a.m.- 5 P.M.
ZONES
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AGENDA INFORMATION SHEET Aja,ik Ilion
Gave Z, 194
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AGENDA DATE: December 14, 1999
DEPARTMENT: Planning Department
ACM: David Hill, 349.8350
S UBJ E tI - Annexation Request (A - 98, DME Generation Plant)
Receive a report, hold a discussion, and give staff direction regarding an annexation schedule for the
Spencer Plant site. (A•98, DME Generation Plant).
BACKGROUND
The City of Denton proposes to annex its Spencer Road electric power generation plant located north
of Spencer Road, between Woodrow and Loop 288 in southeast Denton.
In accordance with the City's annexation policy plan, approved June, 1993, the City will "assess on a
case by case basis the annexation of areas in the extraterritorial jurisdiction (ETJ) when significant
developments are proposed." Staff has conducted a preliminary annexation assessment of the
proposed annexation in accordance with policy guidelines. The preliminary assessment is included as
attachment 3.
A proposed schedule for public hearings consistent with the requirements of State law is included as
attachment 4.
An Annexation Study and Service Plan will be prepared for Council and public review during the
annexation process. The capacity of infrastructure such as water, wastewater, stints and electric
service and such service capacities as police, fire, recreation, and generat government will be
evaluated with respect to the proposed annexation.
PRIOR AC" ON I REVIEW (Council Boards_ Commissions)
No prior review of the annexation petition has been completed
FISCAL INFORMATION
ATTACHMENTS
f.
I . Petition for Annexation
2. Location Map.
3. Preliminary Annexation Assessment.
4. Proposed Annexation Schedule.
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Resctfully submitted:
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Doug Powell
Director of Planning and Development
Prepared by:
Mark Donaldson
Assistant Director, Planning and Development
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PETITION ATTACHMENT 1
FOR i
ANNEXATION
TO THE PLANNING AND ZONING COMMISSION
AND
CITY COUNCIL
OF
THE CITY OF DENTON, TEXAS
The undersigned does hereby petition for annexation of 17J61aeres located et 1701 Spencer Road In the
extraterritorial Jurisdiction of the City of Denton, Texas. The property Is more particularly described in the
attached survey description and shown on the attached map. The undersigned also certiffea that the following
required Information ooncirning the land and its Inhabitants is reasonably accurate and assumes responsibility
for completlon of sold Infc rmallon prior to scheduled actior, on the request by the City of Denton.
1. Is petition being Initiated by owner(s) or maMty of registered voters In area of request? Yes
If no, what Is the stalus of the appticallon?
2. How many dwelling units are localed within the area requested for annexation? None
3. How many businesses or non residential land uses are located within the area of the request? One
4. Please provide a general description of these land uses Including the name(s) of businesses, If known
this property Is In use by Denton dlantcipal Electric's Spencer electrical power generation plant. Thek last
consists of J generating units wlthtn the main plant building, plus 4 cooling towers, Ji el oil storage tanks,
electrical poles and structures and other facilities on the site necessaryfor the production and transmission of i
electric power.
6. Does area of request include any territory withln the city limits or extraterdtodal Jurisdiction of another
city? No
6. Estimated population of the area of request: None Adulls: None Children: None Number of registered
voters: None
7. At the time of this petition, have any other annexation procedures been Initiated for a!I or any part of the
area requested In this petition? No
it yes, please explaln the procedures begun and thelr status.
A
8. Does a water supply district Ile %dthin the boundarfes of the area proposed for annexation? No
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9. What zoning, N any, other than agricultural (A), Is being requested under separate petition? The tonlng 1
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for the entire tract of land Is being petitioned as Light Industrial.
How much of territory proposed for annexation Is Included In zoning petition? The entire 17.731 acre tract
will be toned light Industrial to correspond with Its current usage as a sire for the production of efecirle power.
10. What Is the purpose of annexation? This property wRl be annexed to make It subject to the City's rules,
regulations, taxation levels and other applicable City gafdellnes,
11. Planned land use (if zoning Is being requested):
Proposed Unit
Category & Total Per Acre And/Or
Proposed A-CM g Square Foolagg
a. Single family detached
b. Single family attached (townhouses,
cluster, etc.)
c. Attached patlotgarderJzero M line _
d. Duplex
e. Multi-Famly
f. Office
g. Neighborhood Service
h. General Retail
1. Commercial
J. Light Industrial 17,751 70,000
k. Heavy Industrial
Proposed use(s) if specific use permit or planned development (PD) being requested.
12. Have potitioner(s) familiarized themselves with the official annexation policy, land use policies, and the
standard municipal liervice plan of the City of Denton? Yes
1 Name of Owner (s); City of Denton, Texas
Signature(s)
Address(es): CYyllail,11JE'asth[cKlnneySrreet,Denton, Texas,7610J
Telephone #(s): Main Switchboard (940) 349 8400, City Manager's OJ)?ce (940) 349 8101
Dole: December 7,1999
If petitioner Is not the owner of the property: Status
Petitioner Name(s) t,
r
Signature (s) ~A;
Address(es)
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Attachment 2
Location Map
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ATTACHMENT 3
PRELIMINARY ANNEXATION ASSESMENT
A-98
DME Spencer Generation Plant
Owner Information: Denton Municipal Electric
City of Denton
Denton, TX 76201
Developer Information: Some
Location and Size. 17.751 acres located north of Spencer Road, between Woodrow
and Loop 288 In Denton's southeast extraterritorial jurisdiction
(ETJ).
Existing Land Use: DME Spencer electric power generation plant.
Surrounding Land Use: East: Mix of Residential and Light Industrial, zoned P0-6 6 LI
West: Undeveloped land, zoned PD 65
North: Light Industrial, zonal Li
South: Mix of Residential and Retail, zoned PD-8
Proposed Development: Property Is developed as electric power generation oint
Analysis:
o The subject property is Wthln an area Identified in the Comprehensive Plan as an
Employment Area. Annexation and existing development of the property is generally
consistent with the Comprehensive Plan.
o The subject property is surrounded by the City boundary. Annexation of the subject
property will 'fill In" a current hole In the City's jurisdiction.
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ATTACHMENT 4
PROPOSED ANNEXATION SCHEDULE
A-98
DME Spencer Generation Plant
December 14, 1949 City Council receives a preliminary assessment, gives direction to staff and
considers approval or a schedule for public hearings regarding the proposed
annexation.
a Preliminary Annexation Assessment prepared.
December 19, 1999 Notice published in Denton Record-Chronicle for first public hearing.
a Annexation Study prepared and available for public review.
o Service Plan prepared and available for public review.
January 4, 2000 City Council conduct, first public hearing.
• Public notice must bo no less than 10 days and no more than 20 days before
public hearing.
I
January 2, 2000 Notice published in Denton Record-Chronicle for second public hearing.
January 16, 2000 Notice published in Denton Record-Chronicle for P & Z public hearing,
January 18, 2000 City Council conduct% second public hearing.
• Public notice must be no less than 10 days and no more than 20 days before
public hearing.
January 26, 2000 Planning and Zoning Commission holds a public hearing and considers making
a recommendation to the City Council regarding the proposed annexation and J
the proposed zoning. 1
• Public notice must be no less than 10 days before public hearing.
February 8, 2000 City Council by a four-fifths vote institutes annexation proceedings. First
reading of annexation ordinance. SPECIAL CALL MEETING.
• Action must be mm than 20 days after the second public hearing but less
than 40 days from we first public hearing.
February 12, 2000 Publication of annexation ordinance in Denton Record-Chronicle.
Marcl, 21, 2000 City Council by a foi r-fifths vote takes final action. Second reeding and
adoption of the annexation ordinance. City Coumil considers approval of
zoning request.
• Council action must be more than 30 days afler publication of ordinance and
less than 90 days after council instituted annexation proceedings. t
7.
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Ag"48 OM -
Date
AGENDA INFORMATION SHEET
AGENDA DATE: December 14, 1999
DEPARTMENT: Legal Department
CM/DCM/ACM: Herbert L. Prouty, City Attorney
1
SUBJECT - Receive a report, hold a discussion, and give staff direction regarding a planned
development sunselting ordinance which sets time'imits on all steps and processes in planned
development districts.
BACKGROUND - Attached is the June 18, 1999 draft of the ordinance which would amend
Article IV "Planned Development Districts" of Chapter 35 "Zoning" of the Code of Ordinances
to provide for time limits on all steps and processes in planned development districts. This is the
last version of the so-called "PD sunsetting ordinance" which was considered first at your June 8,
1999 work session and revised for consideration at your June 22, 1999 work session.
The ordinance is based on Councilmember Burroughs' idea. His concept is that the various
stages of the PDs - concept plan, development plan, and detailed plan - all be subjected to time
limits. This would include retrospective as well as prospective PDs. If the time limit expires,
then there would be notice to the developer/owner. They would have some grace period - such
as 60 days - to submit the next stage. in the development process for review and action by the
Planning & Zoning Commission and the City Council. If the developer did not submit the next
stage within the grace period, the zo,ting would be brought back to you for reconsideration. If it
came back for reconsideration, it would be your option to initiate rezoning, provide for an
extension of the time limit, or an extension of the time period with various conditions.
Not all of these concepts have been incorporated in this version of the PD sunsetting ordinance.
The ordinance does include the following concepts:
I. Time limits have been established for each step in the process, including the filing and
approval of the development plan and detailed plan. n. development plan must be
submitted within two yrars of the establishment of the pla tned development district. A
detailed plan must be submitted for approval within one yetr of the development plan. A
detailed plan can also expire under ¢35-156 of the City Coie. 1
2. Noti fication to the property owner 60 days before the time limits expire will be required.
The property owner will be notified in the event that the expiration of the time limits
triggers the staying of additional steps in the process and possible rezoning in accordance
with the Zoning Enabling Act and Chapter 35 of the City Code. - t
3. Following the expiration of the right to submit a development or detailed plan, the
Planning & Zoning Commission and the City Council will consider the expired PD
ordinance. The Commission will conduct a public hearing and follow all notice and
hearing procedures for a zoring amendment. The Commission will make a
recommendation to the Council whether the PD should be allowed to proceed or should
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be rezoned. The Council then ultimately makes a determination as to whether the existing
PD can continue with the current land uses to proceed in the process, whether additional
conditions will be placed on the PD to allow it to continue to proceed through the
process, or whether the property will be rezoned. In making this decision, the Council
will consider the existing PD's compatibility with the comprehensive plan, the growth
management strategy, surrounding land uses, whether the failure to submit in a timely
manner is justified, or whether the property owner would be deprived of the economic
viable use or a vested right. The Council may agree to allow the applicant to continue in
the process. It may place any conditions it deems necessary on the planned development,
including placing additional time limits on the next steps in the process.
4. The ordinance applies to any development plan or detailed plan for which a
recommendation has not been made to the City Council by the Planning & Zoning
Commission and to any other development or detailed plan filed after the effective date
of the ordinance. In other words, the ordinance does have both a retrospective and a
prospective effect.
Some additional alternatives to the language in the June 18u' draft are included within Terry
Morgan's June 18, 1999 memo which - because of the confidential attomey-client privilege is
included as an attachment to the City Altorecy's status report. Unlike the June 22"d work session
- which Terry was unable to attend - we expxt Terry will be able to attend this work session.
He will be able to explain his alternative provis )ns in more detail,
PRIOR ACTION/REVIEW - As indicated above, the Council first considered this PD ordinance
at its June 8, 1999 workshop. It was then reschea ded for the June 22, 1999 workshop, but the
item was postponed.
ADDITIONAL CONSIDERATIONS AND RECOMMENDATION - The Council may first
want to detctmine whether the PD time limit ordinance is necessary if the Council adopts interim
development regulations similar to those which you are currently considering, or whether some
aspects of the PD time limit ordinance should be considered as a part of the interim development
regulations. The establishment of time limits on various steps of the PD process with
requirements of notice and a grace period will involve more staff time to consider some of the
PDs involved in the process. Attached is a document which Dave Hill prepared in June showing
the number and status of all PDs based on the estimates from th4. concept plan. Dave may
provide additional information on the status of these PDs at your meeting. Staff is seeking your
direction regarding what action you want us to take on this ordinance, including any changes
from the June I S'h draft.
I
Respectfulbmitt ,
He rbcrt L. routy
City Attorney
hM Dr1m 611k0110, wyd LOW 11MM WMA BMW Iffl Mw is t
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DRAFT JUNE 18, 1999
ORDINANCE NO.
AN ORDINANCE AMENDING ARTICLE IV "PLANNED DEVELOPMENT DISTRICTS"
OF CHAPTER 35 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON TO PROVIDE FOR TIME LIMITS ON ALL STEPS AND PROCESSES IN THE
PLANNED DEVELOPMENT DISTRICTS; PROVIDING FOR CERTAIN ACTION BY THE
PLANNING & ZONING COMMISSION AND THE CITY COUNCIL IN THE EVENT THAT
STEPS IN THE PROCESS ARE NOT TIMELY COMPLETED; PROVIDING FOR CONSID-
ERATION OF THE CONFORMANCE OF A PARTICULAR PLANNED DEVELOPMENT
DISTRICT TO THE COMPREHENSIVE PLAN AND OTHER DENTON LAND USE POLI-
CIES AND REGULATIONS; PROVIDING FOR APPLICABILITY TO CERTAIN PLANNED
DEVELOPMENT DISTRICTS; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000
FOR VIOLATIONS OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, there are a number of planned development districts that are in excess of ten
years old and whose concept plans, development plans, or detailed plans are inconsistent with the
current lard use regL lations and policies of the City of Denton; and
WHEREAS, the City Council deems it in the public interest to place time limits on ac-
tions required under all planned development districts in order to require conformance with cur-
rent land use regulatiotu; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Division 3 "Applications and Submissions" of Article IV of Chapter
35 of the Code of Ordinances of the City of Denton is hereby amended by adding new Sections
35-177 through 35-178, which shall read as follows:
I
Sec. 35-177. Time Limits on Submission of Development Plans and Detailed Plans.
In a plamxd dcv-lopment district, progress toward development of a project shall occur
wrthre the following time p!rxds:
(a) Failure to Submit Development Plan. A development plan or a detailed plan in lieu
of a development plan shall be submitted for approval within two (2) years from establishment of
the Planned Development District, unless otherwise provided by agreement. If a development
plan or detailed plan in lieu of a development plan for all or a portion of the project is not sub-
mitted within such period, the "uthority to su':mit such development plan shall expire.
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(b) Failure to Submit Subseauent Develrpment,p]an, If the project Is to be developed in
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phases, a subsequent development plan shall be submitted within two (2) years from the approval
of a detailed plan for the preceding phase. If a subsequent development plan is not submitted
within such period, authorization to submit such development plan for that portion of the prop.
erty or other subsequent development plans for the property shall expire.
1.
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(c) Failure to Submit Detailed Plim. A detailed development plan shall be submitted for
approval within one (1) year from approval of the applicable development plan. If a detailed
plan is not submitted within such period, or in the event a detailed plan has expired pursuant to
section 35.156 of this Chapter and following any extensions granted under such provision,
authorization to submit a detailed plan shall expire.
(d) Duties of Director. The City, through its Director of Planning, shall keep track of all
of the time limits set forth above and shall notify the owner of the land of the approaching expi-
ration of the time limit to a particular zoned planned development through a notice to the last
known address of the land owner sent by certified mail, rettrm receipt requested, at least sixty
days prior to the expiration of any time limit set forth above.
(e) Slav of Process. Upon expiration of any of the time limits for any step in the planned
development process set forth in this section, an application for the development plan or detailed
plan, as the case may be, shall not be accepted for filing or further processed, pending the out-
come of the procedures set forth in section 35.178.
Sec. 35.178. Staying of Steps In Process.
(a) Following the expitatien of the right to submit a devr;opment plan or detailed plan,
as set forth in section 35.177, tae Director of Planning will place the planned development ordi-
nance for the property on the agenda of the Planning and Zoning Commission for its considera-
tion. Notice of the Commission's action shall state that the regulations governing the planned
development district may be modified. The Commission shall conduct a public heating and shall
apply procedures for a zoning amendment pursuant to section 35-7 of this Chapter, The Com-
mission thereafter shall recommend to the City Council whether the right to submit a develop-
meni plan or detailed plan should be reinstated, or whether the property should be zoned to an-
other classification.
(b) The Commission's recommendation shall be referred to the City Council for consid-
eration in accordance with the procedures applicable to zoning amendments. The Council shall
determine whether the right to submit the development plan or detailed plan should be reinstated,
or whether the property should be rezoned to another classification. In making such determina-
tdon, the Council shall consider the following factors among others:
(l) whether the planned development district is consistent with the adopted compre-
hensive plan and growth management strategy;
(2) whether the uses authorized in the planned development district re compatible
with existing and planned land uses adjacent to the site,
(3) whether there are extenuating circumstances justifying the failure to submit a de. f Al, velopment plan or detailed plan during the applicable time period; and
Page 2
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(4) whether rezoning the property to another classification constitutes confiscation of
a vested property right or deprives the owner of the economically viable use of the
land.
(c) The Council may take the following actions:
(1) reinstate the right to submit the applicable development plan or detailed plan
within a tine certain, subject to any conditions that may be appropriate to ensure
that significant progress will be made toward development of the project;
(2) modify the planned development district regulations applicable to the property; or
(3) direct that proceedings be instituted to change the zoning classification of the
prroerty in accordance with applicable procedures.
(d) In granting exceptions to the time limits phase as sm forth herein, the City Council
may require any conditions as will, in its judgment, be consistent with the purposes set forth in
this chapter and its other land use policies and regulations. The conditions which the City Coun•
cif may place on the planned development may include placing additional time limits on the next
step in the process.
SECTION II. Ap;heobility. This ordinance shall apply to applications for approval of a
development-plan or detailed plan as follows:
1. To any development plan or detailed plan in lieu of a development plan, for which a recom-
mendation has not been made to the City Council by the Planning and Zoning Commission
by the effective date of this ordinance;
2. To any other detailed plan that is filed aOer the effective date of this ordinance.
SECTION r1 I. That any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding 52,000.00. Each day that a provision of this ordinance
is violated shall constitute a separee! and distinct offense.
SECTION IV. That if any section, subsection, paragraph, sentence, clause, phrase, or
word in this ordinance, or application thereof to any person or circumstance is held invalid by
any court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it
would have enacted such remaining portions despite any such validity.
SECTI Y. That save and except as amended hereby, all the sections, subsections, ~J
paragraphs, sentences, clauses, and phrases of Chapter 33 of the Code of Ordinances of the City A,
of Denton shall remain in full force and effect. f f'
SECTION VI. That this ordinance shall become effective fourteen (14) days from the
date of its passage, and the City Secretary is hereby directed to cause the caption of this ordi-
Page 3
u
nance to be published twice in the Denton Record-Chronicle, the official newspaper of the City
of Denton. Texas, within ten (t0) days of the date of its passage.
PASSED AND APPROVED this the day of
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
i
BY .
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AGENDA DATE: December 14, 1999
DEPARTMENT: Planning Department
I
DCM: David Hill, 349-8314 -A~
SUBJECT - Reconsideration (A-96, Silver Dome at Cooper Creek)
1. Discuss and take action on the reconsideration of the December 7, 1999 City Council
decision related to Annexation Case #A-96, Silver Dome at Cooper Creek, the first reading of an
ordinance voluntarily annexing approximately 24 acres of land located at the southwest comer of
Silver Dome and Cooper Creek in the extr territorial jurisdiction of the City of Denton. Texas.
2. Consider approval of an ordinance of the City of Denton, Texas, reconsidering the City
Council vote of December 7, 1999, on Annexation Case #A-96, pertaining to the volunt"
annexation of approximately 24 acres of land at the southwest comer of Silver Dome and Cooper
Creek in the extraterritorial jurisdiction of the City of Denton, Texas, to approve a service plan
for the winexed property, to provide a severability clause and to provide for an effective date.
First reading of ordinance.
BACKGROUND
At its December 7, 1999, meeting the Council voted (5 -1) to approve the ordinance regarding
the annexation of 24 acres at Silver Dome and Cooper Creek. A super majority (6 votes) of
affirmative votes is required to approve annexation ordinances.
ATTACHMENTS
I. Council backup, December 7, 1999.
Respectfully submitted:
i~
Doug Po4cli
Director of Planning and Development
Prepared by.
Mark Donaldson
Assistant Director, Planning and Development
I
A r
I
I
i
I ,
be within a low-density residential Neighborhood Centers area. Since this property is outside the
city Iunits, annexation is the logical step to ensure development consistent with Denton y
Comprehensive Plan. It will provide the City of Denton the authority to regulate land use based
upon zoning classification. Therefore, start' recommends that the City Council conduct a
thorough analysis regarding this request for annexation.
PRIORACfION/REVIEW (Council. Boards.Commiaslona)
October 12,1999; City Council institutes annexation proceedings,
November 2,1999: City Council holds first public hearing on the proposed annexation.
November 16,1999: City Council holds second public hearing on the proposed annexation.
FISCAL INFORMATION
None at this time.
OPTIeNs
1. Approi a as submitted.
2. Approve with eorAitions.
3. Deny.
4. Postpone consideration.
S. Table item.
ATTACRM,EM
I
1. Location Map
2. Zoning Map
3. Utility Map
4. Denton Mobility M.p
5. Annexation Schedule
6. Service Plan
7. Service Analysis - Transportation
8, Service Analysis - Police
9. ServiceAnalysis - Fire
10. Service AnalyA - Water/Wastewater
11. Se vice Analysis- Electric
12. S. rvice Analysis- Parks & Recreaeon
13.8crvice Analysis-Solid Waste
14. Service Analysis- Library
j
15. Service Analysis - D.I.S.D.
16. Petitie• for Annexation
Res ecMlly submitted:
I
Doug Po Il
Director of Planning and Development
Prepared by:
Thomas B. Oray
Planier 1
2.
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I
3 ATTACIW&T ' 2
RTH
^8 (Silver Dome and Cooper Creek) NO.,
NINE
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LOCATION MAP
Agenda Date: November 16, 1999 Sale: None
3.
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ATTACHNENT.2;„
NORTH .
•96 (Silver Dome and Copper Greek)
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SF-7(c} Cr r~
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CURRENT ZONING MAP
A,.`
jenda Date: November 18, 1999
Scale: None
4.
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ATTAChk"T 3
_ NCFi'iH
3 (silver Dome at Cooper Creek)
r ~ oo
0 0 o Wr a Perk
° SITE~° .Do
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UTILITIES MAP
• Hydrants
• - Waterline (W. L.)
- Sewer Line (S. L.)
i
i
Agenda bate: November 98, 1999 Scala; None
s _
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t
P `
ATTACHMSNy A•
NORTH
A-96 (Silver Dome at Cooper Creek)
0 0 ~ ~
0 0 0 o'Ao Park
Elgr~ryot ~ J°
0
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DENTON MOBILITY PLAN MAP
A/ Freeways
%Primary Major Arterials
Secondary Major Arterials
Collectors " c'
%genda Dale: November 16, 099 Scsls: None `
6.
I
h
i
ATTACHMENT S
A-96 (Silver Dome at Cooper Cr•eek F
ANNEXATION SCHEDULE
September 24,1999 Staff receives annexation petition.
October 12,1999 City Council receives a preliminary assessment, gives direction to
staff and considers approval of a schedule for public hearings
regarding the proposed annexation. o PM1iminaryAnnexation Assessment prepared.
o Annexation Schedule prepared.
October 23, 1999 Notice published in Denton Record-Chronicle for first public hearing.
o Annexation Study prepared and available for public review.
a Service Plan prepared and available for public review.
October 31, 1999 Notice published In Denton Record-Chronicle for second City Council
public hearing.
November 21, 1999 Notice Published in Denton Record-Chronlcle for Planning and
Zoning Commission public hearing.
November 2,1999 City Council conducts first public hearing.
• Public notice must be no less then 10 days and no more than 20
days before public hearing.
November 16, 1999 City Council conducts second public hearing.
• Public notice must be no less than 10 days and no more than 20
days before public hearing.
December 7, 1999 City Council by a four-fifths vote Institutes annexation p oceedings.
First reading of annexation ordinance.
• Action must be more than 20 days after the second public hearing
but less than 40 days from the first public hearing.
December 15, 1999 Planning and Zoning Commission holds a public hearing and
considers making a recommendation to the City Council regarding
the proposed annexation and the proposed zoning. Public notice
must be no less than 10 days before public hearing.
December 19, 1999 Publication of annexation ordinance In Denton Record-Chronlcle.
January 18, 2000 City Council by a four-fifths vote takes final action. Second reading
and adoption of the annexation ordinance. City Council considers
approval of zoning request.
• Council action must be more than 30 days after publication of
ordinance and leas than 90 days after council Institutes
annexation proceedings.
I
;ATT ,TIMENT 6
AMU. AN
CASE NUMBER: A-96 (Silver Dome at Cooper Creek)
AREA. approximately 24 acres
LOCATION: Southwest comer of Silver Dome and Cooper Greek in the extraterritorial
jurisdiction of the City of Denlon, Texas.
Municipal services to the site described above shall be furnished by or on behalf of the City of
Denton, Texas, at the followin? levels and in accordance with the following schedule:
A. Police Protection
1, Police service, including patrolling, response to cabs, and other routine functions, will
be provided to the property within sixty (60) days Der the effective date of the
annexation using existing personnel and equipment, i
B. Fire Protection f
1. Fire protection (within the limits of erlsting hydrants) and emergency medical services
will be provided to the property within sixty (60) days after the effective dale of the
annexation using existing personnel and equipment.
C. Solid Waste Collection 1
1. Solid waste collection service will be provided to the property within sixty (60) days r
after the effective dale of the annexation using existing personnel and equipment.
D. WaterlWastewaterFacilitles
1. Maintenance of water and wastewater facilities In the area to be annexed that are not
within the service area of another water or wastewater utility will be begin within sixty
(60) days after the effective date of the annexation using existing personnel and
equipment:
E. Roads and Sireels
1. Maintenance of roads and streets, including road and street lighting, in the area to be
Wmexed will begin within sixty (60) days after the effective date of the annexation using
existing personnel and 'equipment,
F. Parks and Reereatloo Faellitles
1, Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in
the area to be annexed will begin within sixty (60) days after the effective date of the
annexation using existing personnel and equipment, However, there are no existing ! _ c
parks, playgrounds, swimming pools, and other recreational facilities la the area r
AMA,vinmlm 54-vko Kw Ave
8.
J i
ANNEXATIOIy SERVICE PLAN
(A-96)
Silver Dome at Cooper Cree'k'
a. Electric Facilities
1. Electric utility service will be provided within sixty (60) days after the effactive date of
the annexation using existing personnel and equipmnn
i
H. Library Services
I. Library services will be provided within sixty (60) days after the effective date of the
annexation using existing personnel and equipment.
I• Code Enforcement, Building Inspections and Consumer Health Services
L Code enforcement, building inspections and consumer health services will be provided
within sixty (60) days after the effective date of the annexation using existing personnel
and equipment,
.T. Planning and Development Services
I. Planning and development services will be provided within sixty (60) days after the
effective date of the annexation using existing personnel and equipment, The Planning
and Development Department currently provides services this property by way of
administration of Chapter 34 of the Code of Ordinances, concerning subdivision and
land development regulations.
K. Capital Improvements Program (CIP)
The CIP of the city is prioritized according to the following guidelines: T'
(l) Provision of Capital Improvements u compared to other areas will be based on
characteristics of topography, land utilization, population density, magnitude of
problems as rela:ed to comparable areas, established technical standards and ,
professional studies.
(2) The overall cost effectiveness c fproviding a specific facility or improvement.
The annexed area will be considered for CIP improvements in the upcoming CIP plan, This
property will be considered according to the established guidelines,
AN,LinrmdrrSmke PlartAne
r ti
r
~•ATTACHMSNT 7
A46 x. r
ENOINEERiNO AND 7RAN8PORTArteN •
1. What cxlsting roads, bridges and other transportation facilities will be Impacted by this Y
Proposed annexation and development In terms of needed Improvements or upgrades?
2. Are any of these improvements presently scheduled to be done at state or federal
expense? ,AIf yes, please Identify facility and anticipated date Improvements
will begin.
3. Please list any drainage improvements that may requ!re local funding, and include
estimated cost (if no specific Improvements can be determined, please make grineral
ments con%mIng doll age).
4. Will additional equipme t and facilities be needed as a specific result of this annexation
and development? - 6ZO If yes, what type of oqulpment or facility?
5. Please comment on the cumulative Impact of annexation and development.
At what•populalic,i level would additional equipment be required?
Is there an acc equipment to population ratio that can be used for planning
purposes? _N
Is there an accepted enlpioyea to populati ratio that ~n be u~edfor planr~I
purposes? C U(C~t -4_ by r-1~~t,.. ~1~.E•e aDt~
Additional Comments:
W,.Q JQe 0 _
1 ,a•. Cs~L. •~o M
Person to co 6&~
if there are questions rr ' A
` I Date
I
A•98 Service Analysis
is
-'ATTACMENT 8 -
Bariiioe Atiialyris ' " '
A-96 Ralakd to 80ver Dome and (aobpe' Ctesk t
to=
Matima'ced cvarage reapense time for thin
condltionss eras bated on current daycrtsNet
PklovlLy $,ll mantes
Iron-prioaty 14-at "nutes
Avsrage 12.7e minutes
2• Ayerooppions i riata average respooie tiw 1
cocdit a for city based'on'ouriani deparlmeat
Priority minutes
Non-priority Se_os Minutia
Average 19.98 minutes
3. It annexed one develo ed as proyyoaed, will additional personnel be needed as a
specific result of this proposal? Na
7t as, how many?
gat type?
6. Will additional equipment and funding be needed to serve this areat ng
If yes, what type?
6. will a police substation or other facility be needed to serve this area as a
result of annexation and development? pQ
Yf yas, when abould the new facilities be operational?
6. ploase comment on tle eamulative impact of annexation and development.
At what population vould another police facility be required? ]DAM e"ova
2s there an r.eceyted taeility/aqulpmeat to population ratio that can be used
for plannlne yutp7sas? pq• sa:vloe nareee*_ai eurreativ keew et n
ZtC1112y11~1iL.~~i Byte a .1M . o sr~cwted
r. a
wr. w n~ ~Y s-r--
UaneglIDent may ni+e timed ■peb a ratio
n To 7a there an accepted officer to po~ule!!on ratio that can be used for
planning purposes? ,941albs field -operations Mfrs 1,600 T
nenulatiee
Additional Comments,
This service analysis is based upon projected acreage/populstion density, with ths'
assumption of even distribution of persons.
i
J .
room to con ac FTf ere are quee one Vote
'typical Service into Aequest.doo
c:
~'ATTACEi bIRT .9
SERVIOE ANALY$18'
ELBE ' •Aee t t
1. Fire a Emergency Medical S6rvkea n bg provided to the area from etatiora(s)
# .located at _ & I l D Eti S .~+e h
2. Estimated response time. • minutes
3• Appropriate response time In the City, minutes
4. Is a new fire elation approved In the CIP that could s3rve this area? if vas,
what is the CIP program year?
6• W ~IIt~ new fire station be requested In upcoming CIP proposals to serve this area?
fv o . If yes, when should this station be operational?
6• Total estimated funding for equipment, employees and/or facilities needed to serve this
area aWily based on annexation and proposed development.
No.>Pi
7. Please comment on the cumulative Impact of annexation and development.
At what population level would another library facility be required?
Is there an accepted circulation to population ratio that can be used for planning
purposes? Nl.'
Is there an accepted employee to population ratio that can be used for planning
purposes?
Additional Comments:
~/J~/
d r. MIA Zb 99 .
Person to contact if there are questions Data
g
A-98 Service Analysis
12. ,
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VY.VY mob..
ATTACNMBNT 'lo
~wtiC.NWtPtob 7071.:. ii 4s- .
SERVICE AN' or, Sti* n w , -Vj6fiMMR
WATER l WAtftIEWArt3R Po" 0
697 R" if.- - What Is the nearest City of Denton water line.
Stte of water tine,
Location of water line. w,1
Distena3 from proposed ennexation.: ' . 41 we
2. What Is the nearest City of Denton sewer line?
Size of sower line. ..peg, ,~y e4
Location of sewer line.
Distance from proposed armexetlon 1^"'
3. According to the City of Denton master plan what type of lines and facilities would be
tquired for this area and when are those tines and facilities proposed for construction.
size Year L gon
• Water lines_ ( G+s lic ~d
Sewer lines
4. Are there any City of Denton lines Included In the proposed annexation?
5• Please comment on the cumulative impact of annexation and development.
At whet population level would additional bqulpment be required? ,
Is there an accepted equipment to population ratio that can be used for planning
purposes?
Is there an socepted employee to population ratio that can be used for planning
purposes?
Additional Comments:
~ wa~,~ ~►~s tom' ra" - .,,c"~ S~ ~ .
Mr.~t~»rMAd N..L D~
Person to contact if eru are questions Date A
A-98 Servlos Analysis
} . l
a'son
f a SAM!
l: 16,
lots
/01! (Q
$410 N
f
I ~awr`r.>ti,.
•I !ta _ ~~•1 .
goo y~
600 Y6
K-Ml
~ ►wrnru-Ak-vi ~'+>trr~ronrwr „~a>rnxrr
~•••.r. WAt1!►1A? r ~ A,WMkOt417//yp1,~y ~(.Mlhl/WfIKLNI Q
QOOOCVApptq aiwWitTLL ,o~,W,,11,r L u
• ra t+ • DtN1D+W77tlM7/ H to I111t//Y ,
04Wr11,'
4 A: t00~
QSt' 14, letta►tolta 01 4co tt»tiat
ATTACHM81~;•~i ;
What is the dlstanca to, location of e
nd size otthe nsansst
e COY of Denton electrlo line7
too
i1/ J' 0.01 ~
oeo
2'
wha ll T' m Car .
?
t type of lines end fadlif'tfea would b r ,be e r(~ a , a
equired to serve this area?
C w afro . r.r . a~ 41, - ff C
3' Are any now lines or factllgos ro v ~
; ` cdx
P posed for oonstruction U. serve this area?
• Are there an ~r rrrfi ~
Y Potential responalbOhtea If this area Is annexed7 e 40.0 -to 5 ,
Pleose c
oomrnant on the cumulative Impact of annexatl n and d v ,1
At what population level would eddhlonal a elOPrent.
Is there an eoceptod equiprnerit to quiPment be required?
Purposes? _ PoPulatlon ratio that can be used for plannlns
Is thereposes? an accepted employee to
Pur PoPulation ratio that can be used for plannlnp
dillonal comrnente;
~ a d/ ~ ~ C oe G-
'On t= con ' R there are I
quest anan ~ r
ate 1h' 1 r
SeMce rgnalysta
4
(6
ATTAM:11hNT ' 12 ,
PARKS AND R CRIEATION tit 6
11• What nelgh+)orhood pad; uid recreatlonal facllitie,3 are currently serving this area or are
capable of carving this area If annexed and/or developed (federal, state, or local)?
None are within too prop o4ed annexation, the closest perk property is
A'vcndale Pok, located on No ohom at bevonshln Sovefs (e ic+x, ,
west): Curran! rceldents within the ptoposed annexation will bo able to u o Iles
existing City of Denton 1 -arks, facilities end programs,
L W
hat projects end/or eq j'pment will be needed to suequately serve this area if annexed
and/or developmv.lk based on the parks and recreation master plan or similar
standards? An adds for e1 neighborhood park will be needed to servo this arse, in
accordance with servl?a standards below,
Service Stendards• '
Neighborhood PPrks: -2.6 acres per 1,000 populatlon (to be dedicated by
developer of time of platting)
-5 acres minimum sire
3. How much additional fmcling will be needed for maintonanoe If additional park facllities
are developed to serv,i this area? Funding Wil be required, In accordance with
service standards bvfow:
i
. $ervicd„ Standard;
Based on $3,454 (developed) cost per developed park acre.
I
4. How many additional personnel would be needed to property serve this area It annexed
and developed? RegWremenfa dependent on the following standards
Se~landar~: .
0.6 to 0.7 F7E additional personnel per 1,000 population (depending on type M
service)
$30,000 per year cost per additional personnel
Additional Comments: StafRng andservice costs are dependent upon the number of
residential units to be dovelopedln theservlcA'erea and the corresponding park
dedication requirements,
i
PersonM` to conif there are questions
. Date
Annex Tract Age.doo
16.
' I
{
y~Aj► HMSNT 13
ANALYSI8 X''
is re ldentiei Wk waste service available too the proposed area forannoxetlon?
2; Is co_Y smerc3el 60.11d v sste service avanabie to tho proposed area for ennei2alion?
3. Wisat is the estimated cost to provide this area with solid waste service?
Equipment and Maintenance. = ~k9
Personnel.
4. What Is the typical revenue collected per.
Household. _ t rfo03
Commerclal Business . ~k
_ Verl t A. - - t ~_ksi,ntSS
3. Will additional equipment be needed t) serve this area If annexed or developed?
Type of Equipment. .140
-Aea7, r,otu s
Cost of Equipment, - ,sneYTr~N
Will additional employees be needed to serve this area' If annexed or developed?
Type of Employees.
Number of Employees..
7. Please comment on the cumulative Impact of annexation end develanment.
Al what population level would additional equipment be required?
Is there an accepted equipment to population ratio that can be used for planning
purposes?
Is there an accepted omployee to population ratio that cars be used forplauning
purposes?
j Additional Comments:
j Person to contact if there are questions Date
A•96 Service Anslyais
r
c
•Y..u166.414•w!1♦ l4 5.
SERVICEI`A: ,
LI@BAft~ . • y.
' S
S. If annexed, can anticipated service demands be met using existing materials,
personnel? No f`80111044, and
2. If not, how mazy ad¢Wond employees and whaj typ
needed e of fAdlitleq and "11011814 VAR be
.
to provideaervloes?,~ full-tl_`tesslonal,llbr<drlens taould;be nelded,
to Provide additional nreerams and rervicos.
3, etimated additional funding needed
d strictly baled on proposed annexation and
development lgmo
4, Please Comment on the cumulative impact of annexation and development. -
At what population level would another library facility be required? . 60.000
Is there an eocepted circulation to population ratio that can be used for planning
purposes? 6.4 Per capita
Is there an accepted employee to population ratio that can be used for planning
purposes? S f s one tu11-time a uivalent f7E er 2000 o uletlan.
AN ess crap 1 rar ens: comer se one- r
Additional Comments,
. ,w
,
Eva D.
cols
Person to contact if there are gyestions LU
-1 D 0-ate
r
A-90 Servloe Analysis -
18. ,
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ATTACHMENT 15
SERVICE ANALYSIS
A-96
L' If annezed, can anticipated service demands be,'met using existing materials,
facilities, and personnel?
he District has measured capacity at each facility on the basis of"Tunctional
opacity." This value represents the number of students that maybe served by the
permanent structures located at each campus. The use of portables or other
temporary structures is not Included In the "functional capacity" calculation.
Elementary enroUment is at 108% of district-wiec functional capacity. This
Includes the additional capacity provided through recent additions at the Rayzor
and Wilson campuses. Several other elementary addition projects are scheduled
throughout the District. Assuming completion of these projects, current
elementary enrollment would be at 100% ofplanned functional capacity. Middle
and high schools are estimated to beat 100% and 89% capacity respectively. A
fourth middle school Is scheduled to open for the 2002 school year, adding an
additional 1,000-student capacity.
For planning purposes, the district assumes that 0.40 elementary stud ants, 0.17
middle school students, And 0.18 high school students are gewated by each
manufactured home. D.I.S.D. assumes that this site will yield 84 single-family
units 3.5 dwelling units per acre with an SF-7 zoning classification. Based on
these assumptions, this development will generate 34 elementary, 14 middle
school, and IS high school students.
Considering functional capacity and planned middle school constructio4% middle
end high school students may be served while additional elementary facilities will
be requ1red.11 is important to consider the rate at which this development wiU
build out, which will directly impact the rate at which students will be added and
accommodated by the district.
2. If not, how rneny additional employees and what type of facUitia and materials
will be needed to provide services?
The state mhndates a maximum student to teacher ratio of 22 to I for elementary
classes. Considering this ratio, an additional 2 classrooms and an additional 2
teachers will be required, ,
Classroom capacity may be provided through any one or a combination of the
following:
a. temporary classrooms/portables,
19. '
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. rrr~
b. student population team&rs or absorption of students at other
campuses, or
o. new elementary school oonstroatlon.
3. Estimated additional funding needed strictly based on proposed onne:atio>a and
•development. .
The average cost of educating one child In the D.I.S.D. Is $3,781 per year,
exclusive of state or federel assistance. This cost Includes the district's existing
bond indebtedness,
4. Will projected school taxes from this development provide that additional
funding?
The district Is subject to a statutory limit of its ad-valorem tax rate. A combination
of residential and non-residential development that yields funds equaling $3,781
per year (1999 value) will provide the necessary funding for one student.
S. Please comment on the cumulative impact of annexation and development,
Annexation has relatively limited impact on the D.I.S.D. 'A'he development site Is
located within the district boundaries, regardless of annexation.
6. At wbat population level would oilier school facilities be required for the City of
Denton?
Specifications for new elementary, middle, and high school facilities have been
developed to serve student enrollments of 681,1,000, and 2,000 respectively. '
7, Is there an acceptable employee to population ratio that can be used for
planning purposes?
D.I.S.D, policy and state regulations have established the following
student to teacher ratios that may be used for punning purpose:
Elementary: 22 Student&76cher
Middle: 28 Stud ents/Teacher
Hight 28 Stud entyTeacher
Todd Parton October 27,1999 !
Person to Contact with Questions
20.
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ATTACHMENT 16 PairtiOM
Port
~r.,
To TR'! P~ AHHIXATION
. AHiitNO AkD xOHiN
commlestom
AND
CIl2.p0trktt
'PHI CITY Op DIRTOks JIM$
The
at undereSY *edofdoes hereby Petition for annexation of 23.886
- rni ~nr N1 of the City of Denton, Texaa, eek -in the axtrateer°i acres lobo}~
the attached survey description an
Property to more partloularty desotibed in
The d sone othe attached ~urtrdiotion
teo certifies that the following requited information
It' inhabitants !e reasonably accurate and a„ems P~ The'
land signed
completion of said Lntormation pp,or to scheduled action on o4 lbilit and
city bt Denton. I the 1:' *quest b b toe
by the
l' Is petition being initiated by owner( 9) or majority of
area of sequel!? Yes XX
of fi
the . a Ho regtetered voters in
ppttcant? It no
+ wha+ is the statue
2. NOW maryr dwelling unite are located within yhe
annexation?
~
area roQueeted for
3. How many bueLnesses or nonresidential land uses era located within the stet
of the request? 0
tand'uses tnoluding the name( )lot buiineeiea, itrknown desCelption of these
A• Does area o
S request include any lerrLtory within the city linito or extraterritorial Jurisdiction of another City? tea
-
5. Ietleated popnlatton of the area at request,
Children Adults _
Humber of registered voters? _
6. At the time of this petition, have
tnlttated for. all or a1Y other annexation Pt, No V Pitt of the area requested in h;;dureabeen
end their statue. --IX, It yes, please explala the proeedueemibegun
Does a water supply district lie
for annexation? Yes Within- the boundaries of the area proposed
No
e. what toning, it any, other than ~
asp+-rate petition? _ ev_~ agricultural (A)~ is being requested under
How much of terri A
petition? q)} tor y proposed foe annexation le ! `aged i""'~n-- a ing \
c
. r... w.. w• .w.w w+.! 1
Psis T1r,
9. !fiat ieelfpmentthe puiposs of "annexsticnt_ To'incoraorale'tnto a nroaasad elnaia $un(ly
deY
10. Plar.ped land use (it zontng is being,tequested)s
Proposed Unit
Cetigoi'r &,Total Per Acre And/or
Proposed Acre"is buat_ a hikaft
a. Single family detached All SF~ q Zodn-a
b, single featly attached (townhouse., _
plaster, etc.)
o. Attached patio/garden/zero lot line
t. Duplex
e. Multi-family
t. Office
g. Nelgbborhood service _
h. Ceneral Retail
I. Commercial
3. light industrial
k. Meevy industtial
Proposed use(s) it speci(ic use permit or planned developmment'(PD) being
requested.
It. Have petitioner(s) feailterized themselves with the official annexation.
policy,' land use poltotes, and the stardatd municipal service plan of then
City of Denton? !es _ aX No ,
Nome of Own" (s) £dw r. NolskiTelephone
signature(s) Date
Address(es) 6_I-35E. South. S ~
. en on. Texas 75205
It petitioner is not the owner of the propertyi Status River
Petitioner, k~
Nam 6) Wynne/Jackson, Inc.- Telephone s 2141 RRn_Rann .
signature(s) Date
Address(es) 600 to B 149 '
Dal 30 U
i
a PLe1d Notes and Location Map for area proposed tot annexation must be
submitted along with completed petition before process begins.
08623
22.
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. KING4Wl~rNyryp~q p„~,4~V`M/M14MOii~„v
ORDINANCE NO,
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 23.89 ACRES OF
LAND CONTIGUOUS AND ADJACENT TO TH13 C1 1"Y OF DENTON$ TEXAS, LOCATED '
AT THE SOUTHWEST CORNER OF SILVER DOME AND COOPER CREEK IN THE
COUNTY OF DENTON, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED
PROPERTY; PROVIDING A SEVERASILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE. (A•96)
WHEREAS, Wynne/Jackson, Inc,, on behalf of Dr, Edward F. Wolskl, has petitioned for
the annexation of 23.89 acres of land described herein; and
WHEREAS, on December 15, 1999 the Planning and Zoning Coi&. Jssion recommended
approval of the petition for annexation; and
WHEREAS, public hearings were held in the Council Chambers on November 2, 1999,
and November 16, 1999, (both days being on or after the 400' day but before the 20°i day before
the date of the institution of the proceedings) to allow ael ;nterested persons to state their views
and present evidence bearing upon this annexation; and
WHEREAS, annexation proceedings were instituted for the property described herein by
the introduction of this ordinance at a meeting of the City Council on December 7,1999; and HEREAS, this ordinance has been of the C ty o Denton on December 9, 1999uafter cut
xation proceeding were Instil tedeand
30 days prior to City Council taking final action, as required by CityCharter; and
WHEREAS, the City Council finds that the annexation will be In compliance with the
1988 Denton Deyelopment Plan, the 1998 Denton Plan Policies, and the 1999 Growth
Management Strategies and Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the tract of land described In Exhibit "A", attached hereto and
incorporated by reference, is annexed to the City of Denton, Texas. t the
lan
att
ched
Exhib reference, ww ic~h p videsafor thesextec elan of tnauni pal aerviceaitto the annexed p~rope~, is
approved as part of this ordinance, ,
5FCCU52hU- Should any part of this ordinance be held illegal for any reason, the holding /
shall not affect the remaining portion of this ordinance and the City Council hereby declares It to
be its purpose to annex to the City of Denton all the real property described in Exhibit "A"
regardless of whether any other part of the described property is hereby effectively annexed to
23.
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the City. If any part of the r"' property annexed is already Included within the city limits of the
City of Denton or within the limits of any other city, town or village, or is not within the City of
Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as
if the excluded arcs were expressly described In this ordinance.
VICILO A. That this ordinance shall become effective Immediately upon its passage
and approval
PASSED AND APPROVED this the day of j2000.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
try ,
'A p
r
Page 2of2
24.
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&%BIBIT A
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26.
EXHIBIT B
ANNEXATION SERVICE LAN
CASE NUMBER: A•46 (Silver Dome at Cooper Greek)
AREA: approximately 24 acres
LOCATION: Southwest comer of Silver Dome and Cooper Creek In the extraterritorial
jurisdiction of the City of Denton, Texas.
Municipal services to the site described above shall be furnished by or on behalf of the City of
Denton, Texas, at the following levels and in accordance with the following schedule:
A. Police Protection
1. Police service, including patrolling, response to calls, and other routine functions, will
be provided to the property within sixty (60) days after the effective date of the
annexation using existing personnel and equipment.
B. Fire Protection
L Fire protection (within the limits of existing hydrants) and emergency medical services
will be provided to the property within sixty (60) days after the effective date of the
annexation using existing personnel and equipment.
C. Solid Waste Collection
1. Solid waste collection service will be provided to the property within sixty (60) days
after the effective date of the annexation using existing personnel and equipment,
D. WaterlWastewaterFacilftin
1. Maintenance of water and wastewater facilities In the area to be annexed that are not
within the service area of another water or wastewater utility will be begin Mthln sixty
(60) days after the effective dtte of the annexation using existing personnel and
equipment
E. Roads and Streets
1, Maintenance of roads and streets, including road and street lighting, in the area to be
annexed will begin within sixty ((0) days after the effective date of the annexation using
existing personnel and equipment.
F. Parks and Recreation Facilities
1, Maintenance of parks, playgrounds, swimming pools, and other recreational facilities In
the area to be annexed will begin within sixty (60) days after the effective date of the
annexation using existing personnel and equipment. However, there are no existing
parks, playgrounds, swimming pools, and other recreational facilities in the area, (1
A•~O,Iniaynilon ~rvktNUU c
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ANNEXATION SERVICE PLAN
(A-96)
Sliver Dome at Cooper'Creek
G, Electric Facilities r
1. Electric utility ssrvice will be provided within sixty (60) days Ater the effective date of
the on lexation using existing personnel and equipment.
It. Library Services
I. Library services will be provided within sixty (60) days after the effective date of the
annexation using existing personnel and equipment.
L Code Enforcement, Building Inspections and Consumer Health Services
1, Code enforcement, building inspections and consumer health services will be provided
within sixty (60) days after the effective date of the annexation using exlstLtg personnel
and equipment.
J. Planning and Development Services
1. Planning and development services will be provided within sixty (60) days aRer the
effective date of the annexation using existing personnel and equipment The Planning
and Development Department currently provides services this property by way of
administration of Chapter 34 of the Code of Ordinances, concerning subdivision and
land development regulations.
X Capital Improvements Program (CiP)
The CIP of the city Is prioritized according to the following guidelines;
(E) Provision of Capital Improvements as compared to other areas will be based on
characteristics of topography, land utilization, population density, magnitude of
problems as related to comparable areas, established technical standards and
professional studies,
(Z) The overall cost effectiveness of providing a specifi„ facility or improvement.
The annexed aiea will be considered for CEP Improvements in the upcoming CIP plan, This
l property will be considered according to the established guidelines,
i
(Jo-~
AN ARJAMN&W sovw PtimA w
Ze.
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AGENDA INFORMATION SHEET AileRQr1N
ApNldB Hem
Date
AGENDA DATE: December 14, 1999
DEPARTMENT: Legal Department
CM/DCM/ACM: Herbert L. Prouty, City Attorney
SUBJECT: An ordinance of the City of Denton. Texas, amending and supcrceding in its entirety
Ordinance No, 99-440 establishing a moratorium pending the adoption of interim standards for
applying policies of the adopted comprehensive plan to certain specified residential development
applications prior to adoption of a revised land development code; providing for exemptions;
providing for severability; and providing an effective date.
BACKGROUNn: The City Council adopted Winance No. 99-440 (the residential moratorium
ordinance) on December 8, 1999. Some Council members have expressed dissatisfaction with
both the scope of the ordinance and the exemptions. 11 was late when the Council considered the
ordinance which contributed to some misunderstandings. Some Council members have asked
that we revisit the ordinance at the December 14, 1999 Council meeting. The proposed
ordinance will amend and supercede Ordinance No. 99-440 in its entirety, It places moratoriums
un the acceptance and processing of preliminary plats, final plats, building permits for residential
developments. It also places a moratorium on an application for a detailed plan where a
development plan has been previously approved. This is the type of detailed plan that has been
delegated to P&Z under Section 35.154 of the Code of Ordinances. There are only two
exemptions: a residential development application for property that received zoning approval on
or aflcr Aprit 7, 1998 and an application for final plat approval for single-family dwellings where
a preliminary plat has previously been approved. April 7, 1998 was the date the City Council
adopted the resolution for the Denton Plan Policies. Zoning approval is defined as any zoning or
rezoning and includes approval of a concept plan or detailed plan. The exemptions in the
proposed ordinance will continue to allow projects like the Preserve, the Robson Project and the
Smith Project to proceed without delay. The only projects that will be impacted by this
ordinance are those that have not received zoning approval since April 7, 1998 and only to the
extent plat or building permit approvals are requested.
PRIOR ACTION REVIEW: Adoption of Ordinance No. 99-440 on December 8, 1999.
ADDITIONAL. CONSIDERATIONS AND F OA 1" LMAT1OO14 your options are to
approve this ordinance, approve the ordinance with revisions, or not approve the ordinance.
Respectfully submitted,
By.
Herbert L. uty
City Attorn
I x iu w 1 a.4" tun. M...'. r....r.. w
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IW,flllttt /tom"-- _ _ ,~rr4~, ~Y~ti J,
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ATD SUPERCFDING
IN ITS ENTIRETY ORDINANCE NO. 99-440 ESTABLISHING A MORATORIUM
PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING POLICIES OF
THE ADOPTED COMPREHENSIVE PLAN TO CERTAIN SPECIFIED RESIDENTIAL
DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LAND
DEVELOPMENT CODE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has enacted by ordinance, a new Comprehensive Plan for
the City of Denton on December 7, 1999, which supercedes the Denton Development Plan; and
WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to
residential land use, growth management, housing and open space provision; and
WHEREAS, the City intends to comprehensively amend its Code of Ordinances,
including Inter ally its zoning and subdivision regulations, in order to implement such polices,
goals and strategics; and
WHEREAS, it appears that substantial applications for approval of residential
developments.ls likely to occur in the Intervening tima period; and
WHEREAS, it further appears that approval of such development applications
Inconsistent with the new Comprehensive Plan is contrary to the intent and purposes of the plan;
and
WHEREAS, a joint public hearing of the Planning and Zoning Commission and the City
Council concerning the adoption of interim regulations was held on December 7, 1999; and
WHEREAS, at the December 7, 1999 joint meeting the City Council was unable to adopt
such interim regulations; and
WHEREAS, at such City Council meeting the City Council adopted Ordinance No, 99-
440 establishing a moratorium on certain residential development applications pending the
adoption of the interim regulations; and
WHEREAS, the City Council finds that it is in the public Interest to amend such
ordinance in its entirety.
i
THE COUNCIL OF THE CITY OF DENroN HEREBY ORDAINS: t
SECTION 1. Ordinance No. 99.440 is hereby amended end superceded In its entirety to
read as hereinafter provided for in this ordinance,
c.
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SECTION 2• MQi~l~un Established.
(A) Except w othuwise provided herein, from and after the efRctive dote of this
ordinance and during the Moratorium Period as specified in 9ectiou 6 of this
ordinance, no City employee, officer, agent, bureau, departmew or commission of
the City shall accept for filing any residential development application, nor lake
any action to process such application or any other residential development
application previously filed before the effective date of this ordinance, including
but not limited to acceptance of fees, review or evaluation of the applications,
scheduling for public review or hearing, formulation of conditions or issuance of
preliminary or final approvals of such applicalions,
(B) In the event that an application for a residential development application is
submitted to the City, the application shall be relu ned, together with any
proffered application fee, to the applicant with notification that the application
will not be accepted for filing or further processing for the duration of this
Moratorium Ordinance.
(C) Any action taken by any City employee, officer, agent, bureau, departmep, or
commission of the City to accept for filing or to funher process a development
application after the effective date of this ordinance is deemed void and of no
effect,
; YSMQ. `U. Exempt=. This ordinance does pot apply to the following types of {
residential development applicalio=
r
(A) a residential development application for property that received zoning approval
on or after April J, 1998;
(B) an application for final plat approval for single-family dwellings where a
preliminary plat has previously been approved;
SECTION 4• Definitions. For purposes of this ordinance the following teens are defined
to mean:
Accepted for filing mes the status of a residential development application
following submission anand acceptance as complete by the Director of all
application materials and documents required by the City Code of Ordinances.
i
C& means the City of Denton, Texas.
Concept plan means a general concept plan as provided for In Chapter 35, Article
IV of the Code of Ordinances of the City.
Page 2 of 6
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Detailed plan means a detailed plan as provided for in Chapter 35, Article IV of
the Code of Ordinances of the City.
Develoent plan means a development plan as provided for in Chapter 35,
Article IV of the Code of Ordinances of the City.
Director means the Director of Planning and Development or his designate.
Final plat means a final plat as defined in Section 34-11 and as provided for in
Section 34.15 of the Code ofOrdinances of the City.
Multifamily means muitiple-family dwelling (apartment) as defined in Section
35-76 of the Code of Ordinances of the City.
Planned development means a planned development district as defined in Chapter
35, Article IV of the Code of Ordinances of the City.
Preliminary olat means a preliminary plat as defined in Section 34.11 and as
provided for in Section 34.18 of the Code of Ordinances of the City.
, Emperty owmcr means an owner as defined in Section 34.11 of the Code of
Ordinances of the City.
Ses:dential development apjdi atio means an application for preliminary plat or
final plat approval for residential uses, an application for a detailed plan for
single-family dwellings where a development p'an has previously been approved
or an application for building permit approval for muld-family dwellings.
Roidential development application refers to the application form, together with
all documents and exhibits required of the applicant by the City for development
review purposes.
Residcatial zoning district or residential uses ~t _ ns multi-family dwelling, two-
family dwelling, one-family dweldngs, attached, and one-family dwelling,
detached uses.
Rezoning means an application for amendment, supplement or change to zoning
as provided for in Section 35.7 of the Code of Ordinances of the City.
Single-family, attached meats one-family dwelling (attached) as defined in r
Section 35.76 of the Code of Ordinances of the City. A
f,~ n
Sin Ig e-famiIL detached means one-family dwelling (detached) as defined in
Section 33.76 of the Code of Ordinances of the City.
Page 3 of 6
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Two-family dwelling means a two family dwelling as defined in Section 35.76 of
the Code of Ordinances of the City.
Zsning means an application for the first zoning classification and land use
conditions applicable to real property as provided for In Chapter 35 of the Code of
Ordinances of the City.
Zoniag approval means the adoption of an ordinance approval zoning or rezoning
and includes approval of a concept plan or detailed plan other than a detailed plan
approved under Section 35.154 of the Code of Ordinances of the City.
Zoning ma means zoning district map as defined in Section 33-3 of the Code of
Ordinances of the City.
SECTION 5. Relief Eromliox&dum
A. Relief requests
I. The applicant may petition the City Council for relief from the
moratorium by requesting such relief in writing. .
.2. The City Council shall not relieve the applicant from the requirements of
this ordinance, unless the applicant first presents credible evidence from
which the City Council can reasonably conclude that the imposition of the
moratorium deprives the applicant of a vested property right or deprives
the applicant of the economically viable use of his land.
3. In deciding whether to grant relief to the applicant, the City Council shall
take into consideration the following;
(a) whether granting relief from the moratorium jeopardizes the City's
best interests in implementing residential density limitations or
other development standards contained in the proposed interim
development regulations;
(b) the suitability of the proposed residential uses in light of l nd uses
allowed in the zoning districts on property adjacent to the proposed
site;
(c) the impact of the proposed residential use on the transportation
and other public facilities systems affected by the development;
(d) the measures proposed to be taken by the applicant to prevent
negative impacts of the proposed use on the neighborhood;
Page 4 of 6 f
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(e) the likelihood that sufficient relief will be provided to the applicant
following adoption of the interim regulations;
(1) the total expenditures made in connection with the proposed
residential development in reliance on prior regulations, including
the costs of installing infrastructure to serve the project;
(g) any fees reasonably paid in connection with the proposed use,
(h) any representations made by the City concerning the project and
reasonably relied upon to the detriment of the applicant.
4. The City Council may take the following actions:
(a) deny the relief request;
(b) grant the relief request; or
(c) grant the relief request subject to conditions consistent with the
criteria set forth in this section.
B. Minimum relief. Any t.;lief granted by the City Council shall be the minimum
deviation from ordina- ce requirements necessary to prevent deprivation of a
vested property right.
SECTION 6. Moratorium Period. The moratorium established by this ordinance shall
commence on the effective date of this ordinance and expire on February 2, 2000. The City
Council reserves the right to extend the moratorium if the interim regulations do not become
effective on or before said date, Should the interim regulations be adopted before said date, the
ordinance adopting the interim regulations will contain a clause terminating the moratorium as of
the date of such adoption.
r
GTLQL`L2. Preamble Findings. The findings and recitations contained in the preamble
of this ordinance ure substantive and are hereby incorporated into the body of this ordinance.
SECTION 8• Sevcrability. If any provision of this ordinance or the applic.,flon thereof
to any person or circumstance is held invalid by any court, such Invalidity shall not affect the
validity of other provisions or applications, and to this end the provisions of this ordinance are
severable.
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SECTION 9, Effective Uat4, This ordinance shall become effective Immediately upon A, r,
the date of its passage and approval. ;
Page 5 o(6
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PASSED AND APPROVED this the day of 1999,
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. CETY.ATTORNEY
By: i
1
lr~ r,
Page 6 of 6
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AJV IN
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AGENDA INFORMATION SHEET
AGENDA DATE: December 14,1999
DEPARTMENT: Legal Department
CM/DCM/ACM: Herbert L. Prouty, City Attorney
SUBJECT: An ordinance of the City of Denton, Texas, establi~hing a moratorium pending the
adoption of interim standards for applying policies of the adopted comprehensive plan to certain
specified commercial development applications prior to adoption of a revised land development
code; providing for exemptions; providing for severabilily; and providing an effective date.
BACKGROUND: Some Council member have asked that we prepare a moratorium ordinance
to apply to commercial development applications. This ordinance places a moratorium on the
acceptance and processing of preliminary plats, final plats and building permits for commercial
developments. The only exemption is for plat and building permit applications for proper''; that
has received zoning approval on or ,^!r tr April 7, 1998. This was the dale the City Cowtcil
adopted the resolution on the Denton Plan Policies. Zoning approval is defined as any zoning or
rezoning and includes approval of a concept plan or detailed plan. The only projects that will be
impacted by this ordinance are those that have not received zoning approval since April 7, 1998
and only to the extent plat or building permit approvals are requested.
PRIOR ACTION/REVIEW: No prior action.
ADDITIONAL. CONSIDERATIONS-AND rEC.OMMENDATION: Your options are to
approve this ordinance, approve the ordinance aith revisions, or not rpprove the ordinance. If
this mordtorium ordinance is approved, staff will need to be given direction to develop interim
regulations for commercial developments.
Respectfully submitted,
By: e 4- s•~
Herbert L. rou 1 A%
`
City Alto a
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ORDINANCE NO.
AN ORDINANCE OF THE C17Y OF DENTON, TEXAS, ESTABLISHING A
MORATORIUM PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPI Y:`:rj
POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO CERTAIN SPECIFIED
COMMERCIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED
LAND DEVELOPMENT CODE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
IVHEREAS, the City of Denton enacted by ordinance, a new Comprehensive I'lan for the
City of Denton on December 7, 1999, which supercedes the Denton Development Plan; and
WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to
commercial land use and growth management; and
WHEREAS, the City intends to comprehensively amend its Code of Ordinances,
including Inter alga its zoning and subdivision regulations, in order to implement such polices,
goals and strategies; and
WHEREAS, it appears that substantial applications for approval of commercial
developments is likely to occur in the Intervening time period, and
WHEREAS, it further appears that approval of such development applications
inconsistent with the new Comprehensive Plan is contrary to the intent and purposes of the plan; I
and
WHEREAS, the City Council finds that it is In the public interest to develop and adopt
interim regulations applicable to commercial developments pending the adoption of new code
provisions; and
WHEREAS, the City Council finds that it is in the pub?ie interest to establish a
moratc.ium on certain commercial development applications pending the development and
adoption of such interim regulations.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Moratorium Established.
(A) Except as otherwise provided herein, from and after the effective date or this
ordinance and during the Moratorium Period as specified in Section S of this
ordinance, no City employee, officer, agent, bureau, department or commission of /r
the City shall accept for filing any commercial development application, nor take
any action to process such application or any other commercial development
application previously filed before the effective date of this ordinance, including
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but not limited to aeceplanee of fees, review or evaluation of the applications,
scheduling for public review or hearing, formulation of conditions or issuance of
preliminary or final approvals of such applications.
(B) In the event that an application for a commercial developmern application is
submitted to the City, the application shall be returned, together with any
proffered application fee, to the applicant with notification that the application
will not be accepted for filing or further processing for the duration of this
Moratorium Ordinance.
(C) Any action taken by any City omployee, officer, agent, bureau, department or
commission of the City to accept for filing or to further process a commercial
development application after the effective date of this ordinance is deemed void
and of no effect.
SE111 { . ElsmRliM. This ordinance does not apply to a commercial development
application for property that received zoning approval on or after April 7, 1998.
SE~.T Q.Y L2tifinitions For purposes of this ordinance the following terms are defined
to mean:
Accente_ d for litre means the status of a commercial development application
following submission and acceptance as complete by the Director of all
application materials and documents required by tht City Code of Ordinances.
Cy means the City of Denton, Texas.
Commercial jevclQD__rjAn_' hcation means an application for preliminary plat,
final plat or building permit approval for commercial uses. S'
development ae limWM refer to the application form, together with all
documents and exhibits required of the applicant by the City for development
rcOvw purposes.
Commercial U" means any uses allowed by right or by special use permit under
the Commercial District and General Retail District as provided in Scction 3577
of the Code of Ordinances of the City including any planned development district
that contains any such uses.
Cgnccnt elan means a general concept plan as provided for in Chapter 35, Article r,
I% of the Code of Ordinances ofthe City.
Detailed pta.) means a delailed plan as provided for in Chapter 35, Article IV of
the Code of Ordinances of the City.
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Development plan means a development plan as provided for in Chapter 35,
Article IV of the Code of Ordinances of the City.
Director means the Director of Planning and Development or his designate.
Final plat means a final plat as defined in Section 34.11 and as provided for in
Section 34-15 of the Code of Ordinances of the City.
Planned devetppA= means a planned development district as defined in Chapter
35. Article IV of the Code of Ordinances of the City.
Preliminary plat means a preliminary plat as defined in Section 34.11 and as
provided for in Section 34-18 of the Code of Ordinances of tho City.
Progcdy owner means an owner u defined in Section 34.11 of the Code of
Ordinances of the City.
Aezonin¢ means an application for amendment, supplement or change to zoning
as provided for in Section 35.7 of the Code of Ordinances of the City.
ZmJ U means an application for the fiat zoning classification and land use
conditions applicable to real property as provided for in Chapter 35 of the Code of
Ordinances of the City.
Z,4llltlgApproval means the adoption of an ordinance approval zoning or rezoning
and includes approval of a concept plan or detailed plan.
ZRaiagIM means zoning district map as defined in Section 35.3 of the Code of
Ordinances of the City.
SECTION . Belief From Moratorium
A. Belief requests
1. The applicant may petition the City Council for relief from the
moratorium by requesting such relief in writing.
2. The City Council shall not relieve the applicant from the requirements of
this ordinance, unless the applicant first presents credible evidence from
which the City Council can reasonably conclude that the imposition of the
moratorium deprives the applicant of a vested property right or deprives a,
the applicant of the economically viable use of his land.
3, In deciding whether to glad relief to the applicant, the City Council shall
take Into consideration the fullowing:
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(a) whether granting relief from the moratorium jeopardizes the City's
best interests in Implementing development standards to be
contained in the proposed interim development regulations;
(b) the suitability of the proposed commercial uses in light of land
uses allowed in the zoning districts on property adjacent to the
proposed site.
(c) the impact of the proposed commercial use on the transportation
and other public facilities systems effected by the developmert;
(d) the measures proposed to be taken by the applicant to prevent
negative impacts of the proposed usu on the neighborhood;
(e) the likelihood that sufficient relief will be provided to the applicant
following adoption of the interim regulations;
(Q the total expenditures made in connection with the proposed
commercial development in reliance on prior regulations, including
the costs of installing Infrastructure to serve the project;
(g) any fees reasonably paid in connection with the proposed use;
(h) any representations made by the City concerning the project and
reasonably relied upon to the detriment of the applicant.
4, The City Council may take t;te following actions:
(a) deny the relic[ request;
(b) grant the relief request; or
(c) grant the relief request subject to conditions consistent with the
criteria set forth in this section.
B. Minimum relief. Any relief granted by the City Council shall be the minimum
deviation from ordinance requirements necessary to prevent deprivation of a
vested property right.
SEC?1JU Moratorium Pcriod, The moratorium established by this ordinance shall
commence on the effectivt date of this ordinance and expire on February 16, 2D00. The City h' t
Council reserves the right to extend the moratorium if the Interim regulations do not become
effective on or before sald date. Should the interim regulations be adopted before said date, the
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ordinance adopting the interim regulations will contain a clause terminating the moratorium sa of
the date of such adoption.
SECTION 6. Preamble Find~nas. The findings and recitations contained in the preamble
of this ordinance are substantive and are hereby Incorporated into the body of this ordinance. IMI'4" It any person CTION I circumstance held any provision of is ordinance
l or the application thereof
to validity of other provisions or applications, and to this end the provisions of this ordinance are
severable.
SECTION , Effective 2ata This ordinance shall be:ome effective immediately upon
the date of its passage and approval
PASSED AND APPROVED this the day of 1999.
JACK MILLER, MAYOR
a
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
A
By,
3.
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY TTORNEY
By:
oe\
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