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HomeMy WebLinkAbout11-16-1999 {V J November 16, 1999 Agenda Packet Ak c, AOettdat No._ y9`�3/ CITY OF DE:NTON CITY COUNCIL AGENDA q Item NOVEMBER 16, 1999 a Date �/__. -16- � Alter determining that a quorum is present and convening In an Open Meeting, the City Council W11 convene in a Closed Meeting of the Denton City Council on Tuesday,November 16, 1999 at 5:15 p.m. in the Council Work Session Room at City Hall, 215 East McKinney, Denton, Texas to consider specific items when these items are listed blow under the Closed Mcefing section of this agenda. Item I. A. of the Closed Meeting agenda listed below will be presented at a Joint Meeting of the City Council of the City of Denton and the Public Utilities Board at the above time and location. The Public Utilities Board has separately posted notice of this Joint Meeting, which commences at the City C'ouncil's regular Closed Meeting time. Once the City Council has determined that a quorum of the City Council is present, and the City Council convenes in an Open meeting; then the City Council will convene a Closed Meeting. Thereafter, after determining that a quorum of the Publw Utilities Board is present and convening in an Open Meeting. the Public Utilities Board will convene in a Closed Meeting on Tuesday, November 16, 1999 at 5:15 p.m, in the City of '—;mton Council Work Session Rocm, Denton City I lall, 215 East McKinney, Denton, 'texas to wtisidcr the specific item listed below under the Closed Meeting section of this agenda. Thereafter, the City Council and the Public Utilities Board will commence their Joint Meeting. I. Closed Meeting: A. Deliberations Regarding Certain Public Power Utilities; Coihpetitive Matters ••• Under I EX. GOVT. CODE: Section 331.08600, Deliberations Concerning Real Property ••• Under TEX, GOVT, CODE Section 551.072; and Consultation With Attorney ••• Under TEr.X, GOVT CODE Section 551.071. {"Before the lemon City Council may deliberate, vote, or take final action on this agenda item as a competitive matter In a Closed Meeting under the provisions of TEX. GOVT, CODE Section 551.086 (c), the City Council must first make a good faith determination, by majority vote of its member, that the agenda item Is 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 ccrlified agenda of the Closed Meeting. if the City Council fails to determine by a majority vote that the agenda item satisfies the requirements of section 531.086 (b)(3), the City Council may not deliberate or take any further action on the agenda item in the Closed Meeting] (1) Consider, deliberate, and discuss the valuation of and t!te possible sale, transfer. assignment, or other divestiture of real property pertaining to the City of Dmton's electric utility system, including, without; limitation: the Gibbons Creek generation facility located in Grimes County, Texas; the Sper: -cr generation facility located on Spencer A ' Road in Denton, 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 Vity's attorneys, in order to obtain the advice and recommendations of the Cry's attorneys concerning the abu e•referenced Issues, where to discuss such issues and matters In a public meeting would conflict with the attorney's 4 ' G c City of Denton City Council Agenda November 16, 19y'1 Page 2 duties and professional responsibilities to their client under the Texas Disciplinary Rules of Professional Conduct. F'oltowing the completion of Closed Meeting Agenda Item 1. A. the Joint Meeting of the City Council and the Public Utilities Board vill adjourn and the City Council sill proceed with any further Closed Meeting Agenda items. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION,OR VOTE 1S TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF SECTION 551.086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION"), THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE, SECTIONS 55001,ET SEQ (THE TEXAS OPEN MEETINGS ACT)ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON IHE CLOSLD MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551.071.551.086 (jF THE TEXAS OPEN MEETINGS ACT. R,:gular Meeting of the City of Denton City Council on Tuesday, November 16, 1999 at 630 p.m. In the Council Charnbcrs at City Hall, 215 F. McKinney Street, Denton, Texas at which the following items will be considered: I. Pledge of Allegiance A, U.S. Flag 11. Tcxas Flag "I ionor the Texas Flag—1 pledge allegiance to thee,Texas,one and indivisible," 2. Consider approval of the minutes of October 4, October S, October 12, October 13, October 14, and October 19, 1999, PRF:SF:N1'ATIONS/PROCLANIATIONS 3. Awards a. Presentation of the 1999 Hxcellence in Public Procurement Award to the City of Denton's Purchasing Department b. Presentation of the National Association of Telecommunications Officers and Advisers 1999 Programming Award C, Presentation of gift to the Denton Parks Foundation and the City of Denton by l luffincs Corporation. f A, 4. Proclamations a. Denton Family Unity Week U r' i i i City of Denton City Council Agenda November 16, 1999 r Page 3 CONSENT AGENDA Each of these items Is recommended by the Staff and approval thereof sill be strictly on the bails of the Staff recommendations. Approval of the Consent Agenda authorizes the City manager or his designee to implement each item In accordance aith the Staff recommendations. The City Council has received background Information and has had an opportunity to raise questions regarding these items prior to consideration, Listed below are bids and purchase orders to be approvcd for payment under the Consent Agenda (Agenda Items 5.16). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. if no items are pulled, Consent Agenda Items 5.16 below will be approvcd with one motion, if items are pulled for separate discussion, they Hill be considered as the first items under"Items for Individual Consideration'. 5. Consider approval of a tax refund to Dcntex Title Company for William Schocn in the amount of S 1,500.49. The 1998 property taxes were paid twice. 6, Consider adoption rescinding the award of a public works contract to areal Southwestern Construction, Inc., for the construction of 69KV Transmission Facilities in the amount of $1,310,622 (Ordinance 99.394) and awarding a public works contract and providing e:,jvnditurc of funds for emergency construction of a 69 KV Transmission Facilities in accordance with provision of State law exempting such purchases from requirements of competitive bidding and providing an effective date. (PO 000983 — Great Southwestem Construction, Inc, in the amount of$1,393,814.62.) 7. Consider adoption of an ordinance authorizing the City Manager to accept an lnterlocal Agreemcnt with Collin County, Texas to authorize participation in various Collin County, I'exax contracts for the purchase of various goods and services outhorb.ing the expenditure of funds therefore; and declaring an effective date, (File #2437 — Intetlocal Agreement with Collin Count),,Texas) 8. Consider adoption of an ordinance approving the expenditure of funds for the purchase of copy machine maintenance available from only one source in accordance with the provisions of State Law exempting such purchases from requirements of competitive bids; and approving au effective date. (PO #00194 to Danka Office Imaging in the amount of$26.160 per year through January 2002) 9. Consider adoption of an ordinance approving the expenditure of funds for the purchase of Lifepak Dctibriliatom, Monilon and Peripherals, available from only one source in accordance with the provisions of State Love exempting such purchases from requirements of competitive bids; and providing an effective date, (PO #00972 — Medtronie Physio•Control for Lifepak 12 Defibrillators, Monitors and Peripherals and � Upgrades to Lifepak 10 Defibrillators, in the amount of s98,201.50) 10, Consider adoption of an ordinance awarding a contract for the purchase of Fiber Optic Cable as awarded by the Stale of Texas General Senices Commission; providing for the expenditure of funds therefore; and prodding an effective date. (PO #00974 to FMS Technologies. Inc, in the amount of$35,490) t; City of Denton City Council Agenda November I6, 1999 Page 4 11. Consider adoption of an ordinance authorizing the City Manager to execute an agreement with the Texas Department of Transportation for Improvements to Carroll boulevard from Collins Street to Sherman Drive;authorizing the expenditure of funds therefore; and providing an effective date. 12. Consider adoption of an ordinance authorizing the City Manager to execute an agreement with the Texas Department of Transportation for Improvements to Malone Street frum Scripture Street to U.S. 380; authorizing the expenditure of funds therefore; anti provlding an effective date. 13. Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal cooperation agreement between the City of Denton and the City of Roanoke for the impoundment and disposition of dogs and cats and the collection of Pecs pursuant to the provisions of said agreement; and providing for an effective date. 14. Consider adoption of an ordinance approving an lnterlocal Ambulance Agreement bctv.cen the City of len!on and the City of Lake Dallas for ambulance services; and declaring an effective date, 15. Consider adoption of an ordinance adopting a city logo, to be used as the official logo of the City of Denton and adopting a logo to be used as the official logo for the flag of the City of Denton. 16. Consider approval of a resolution approving city policies establishing the City of Denton Publication and Usage Standards regarding the official City logo, logo for City of Denton Ilag, Municipal Llcciric logo, and graphic identity markers. ANNEXATIONS , 17. Consider 7doption of an ordinance to voluntarily annex approximately 34.40 acres of land located on the south side of Da Pasco Drive, between F trestridge Drive and Monto6to Drive, to approve a senlce plan for the annexed property, to provide a severability clause and to provide for an effective date. Second reading of the ordinance. (A-90,Shadow Brock Place) 18. Consider adoption of an ordinance to voluntarily disannex and release from the city's extraterritorial jurisdiction approximately 2.1 acres located west of State School Road, north of its intersection with Robinson Road In the Oakmont II subdivision; and to provide an effective date. Second reading of the ordinance. (A•92,Oakmont ID) 19. Consider adoption of an ordinance to voluntarily disannex and release from the city's A, , extraterritorial jurisdiction approximately 16.3 acres located south of Robinson Road in the Oakmont IV subdivision; and to provide an effective date. Second reading of the ordinance. (A-93, Oakmont IV) t, City of Denton City Council Agenda November 16, 1999 A Page S PUBLIC HEAWNGS 20. Hold a public hearing to consider designating a certain area within the John Davis Sun ey, Abstract 326, James Perry Survey,Abstract 1040, and Eugene Puchalski Survey, Abstract 996, being approximately 100 acres near Airport Road and Precision Drive and being more fully described in the notice of public hearing as Reinvestment Tone 11 for commercial/industrial tax abatement purposes. Interested persons are invited to present evidence for or against the designation of the reinvestment zone, the boundaries of the proposed reinvestment zone, whether all u, part of the territory described should be Included in the proposed reinvestment zone, and the concept of tar abatement 21. Continue a public hearing from Oct, W% 1999,and consider adoption of an ordinance of the City of Denton, Texas adopting the Comprehensive Plan as an official policy document intended to guide future community growth and development decision-making as authorized by Chapter 219 of the Texas Local Government Code and Charter of the City of Denton; providing for the repeal of all ordinances in conflict herewith; providing a sccerabitity clause; providing a savings clause;and providing an effective date. 22, 11old a public hearing P.nd consider approval of a resolution that demonstrates compliance with Senate Bill Number 89, effective September 1", 1999, that requires municipalities to adopt an annexation plan as required by Section 43.052 of the Texas Local Government Code, on or before December 31", 1999,that becomes effective December 31", 1999, PUBLIC HEARINGS—ZONING 23. Hold a public hearing and consider rezoning approximately 47 acres from an Agricultural (A) coning district to a Planned Development (PD) zoning district, The property Is located on the south side of McKinney Street (F.M. 426), approximately 3,000 feet east of the inters:clion with Trinity Road. Ikvclopment of a single-family subdivision with a minimum 5,500 square foot lot slit is proposed. 1 he Planning and "Zoning Commission recommends approval (6-1) with conditions. (Z-99.046, Lakeview Ranch— PD) 24, Hold a public hearing and conside, rezoning approximately 410 acres from an i Agriculiurat (A) zoning district to a Single-family 7 (SF-7) zoning district on about 133 acres. Single-family 10 (SF-10) zoning district on about 85 acres, and Single-family 13 (SI .13) zoning district on about 192 acres. The property is located between University Drive(I 111'Y 380) and McKinney Street(F.M. 426) east of hlayhill Road. Development of a mix of single-family lots and housing types is proposed. The Planning and Zoning Commission recommends approval (7-0)with conditions. (Z-99.012,Lakeview Ranch) 25. Hold a public hearing and consider zoning approximately 34 acres to One Family lNelling (SF-16) zoning district and land use classification, The property Is located A south of PI Pasco Drive, between Forrestridge I)rive and Slontecito Drive. Single family l �' residenliai developmunt is proposed. The hinniing and Zoning Commission recommends approval (5.0). (Z•-99.051, Shadow Brook Place) t. City of Denton City Council Agenda Nmcmber 16, 1999 Page 6 26. Hold a public hearing and consider amending the Concept Plan for the Planned Development 132 (PD 132) zoning district. The request is to amend the definition of a "front yard" for single-family lots. The intent is to allow porches to extend into the front yard. The 428 acre property is located to the north of Shady Shores Road and on the east side of Swisher Road, The Planning and 7oning Commission recommends denial (5-2). (l.-99.067,The Preserve) 27. Hold a public hearing and consider rezoning approximately 4.7 acres from the Planned Development 12 (PD-12) zoning district to Office (0) and Commercial (C) zoning districts. '['he property is located at the southeast corner of 1.350 and State School Road. The purpose of the zoning change is to develop a cancer treatment clinic and expand an auto dealership. The Planning and Zoning Commission recommends approval (6.1)with conditions. (7.-99-076, Denton Cancer Center) 28. Hold a public hearing and consider a Detailed Plan for a Planned Development(PD-178) zoning district. The 1,29 acre property is located at 3020 Country Club Road. TTte proposal is for a zone change from bight Industrial (11) to a Planned Development District to build a duplex on the lot. The Planning and Zoning Commission recommends upprovaI(7.0). (Z-99.078,Arrington Addition) 29. 1[old a public hearing and consider a Detailed Plan for an amendment to the Planned Development 35 (PD-35) zoning district. The 7.626 acre property is generally located on the corner of U.S. I lwy 377 and the Santa Fe Railway,west of KM. i 830. T he proposal is to amend the original Detailed Plan for PD-35 from a muhl-family use of 15 lots with 60 dwelling units to a single-family use consL Ling of 40 lots. The Planning and Zoning Commission recommends approvat(7-0). (7.-95`-079,Bent Creek Estates) PUBLIC 1111EARINGS—ANNEXATIONS 30. ][old the second of two public hearings regarding a proposed voluntary annexation of appruximalely 24 acres locate!at the southwest comer of Silver Dome and Cooper Creek in the extraterritorial jurisdiction of the City of Denton, Texas. The zoning at the time of annexation will be Agricultural (A). (A-96, Silver Dome at Cooper Creek) ITums FOR INDIVIDUAL CONSIDERATION 31, Consider adoption of an ordinance designating a certain area within the city limits of Denton as Reinvestment 'Lone It for commercial/industrial tax abatement; establishing the boundaries of such zone; making findings required in accordance with Chapters 311 and 312 of the ['exas Tax Code; ordaining other matters relating thereto; providing a eeverability clause; providing for repeal; and providing an effective date. r A 31 Consider adoption of a.! ordinance authorizing the Mayor to execute a tax abatement 1 " v agreement with Peterbilt Motors Company setting forth all the required terms of the tar abatement agreement in accordance with the terms of Chapter 312 of the Texas Tax Code; setting forth the various conditions precedmi to Peterbilt Motors Company receiving the tax abatement; and further authorizing the Nlayor to execute an electric t City of Denton City Council Agenda November 16, 1999 Page 7 e service agreement betacen the City of Denton. Texas and Petcrbilt Motors Company; providing for a severability clause;and providing an effective date. 33. Consider adoption of an ordinance of the City Council,City of Denton, Texas authorizing the Mayor to c,.ecute an antcndment to the current Depository Contract with Texas Bank for a period of ninety(90) days and adding a Y2K compliance clause; and providing for an effective date. 34. Consider approval of a resolution authorizing the Public Utility Commission of Texas to sel the allocation formula that determines what portion of the base amount (annual rr.+nchise fee or right-or-way use fee paid by certificated telecommunications providers) to he paid the City under 1113 1777 is allocated to each category of access line within the City of Denton and declaring an effective date. 35. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a first amendment to that contract for professional legal services with the law firm or Terry Morgan and Associates adding to the current scope of services legal analysis of the City of Denton Comprehensive Plan 1999.2020, any requested assistance In rewriting the Denton Development Code, and other legal scnices related thereto; Increasing the compensation under the contract to cover these additional srr ices; authorizing the expenditure of funds thercrore; providing for retroactive effect o the agreement; and providing an effective date. 36. Consider adoption of an ordinance on second reading granting a franchise to illelricom. Inc., for the use and occupancy of the public tights-of-way or the City of Denton for telecommunications purposes; providing for conditions of such use; providing for compensation for such use and occupancy; and ordaining other provisions related to the subject matter hd.reof. 37. Consider adoption of an ordinance on second reading granting to Denton County Electric C'ooperalkc, Inc., doing business as CoSery Electric, a franchise for the purpose of constructing, maintaining. and using an electric utility system in the City of Denton; t regulating the construction work done by the grantee in the Cily; prescribing the duties, responsibilities, and tule-making authority of the City Manager and the City with respect to administration of this franchise; providing for enforcement of the franchise; prescribing the compensation to be paid the City by the grantee for the franchise privilege; selling forth the term of the franchise; providing for a severability provision; providing for acceptance of the franchise by grantee; and providing an effective date. 39. Consider .idoption of an ordinance authorizing the City Manager to execute a second amendment to the annexation ngreemcnt entered into between the City of Denton and Violet Noperly Associates, L.P., as part of the settlement of litigation slyled 01y of A Demon v. Denton Coun4� Fre.vh 14oer Supply DAIrla A'o. M and Fenton C'ounry Fresh 4 irer,1'apply Ohirlcr No. S for the purpose of establishing a timeline for construction of I lighway 377 water line; and providing an effective date. 39. Consider nominations/appointments to the City's Boards and Commissions, I I t t� City of Denton City Council Agenda November 16, 1999 Page 8 40. Miscellaneous matters from the City Manager. 41. New Business This item provides a section for Council Members to suggest items for future agendas. , 42. Possible continuation of Closed Meeting under Sections 551.071.551.086 of the Texas Open Meetings Act. 43. Official Action on Closed Meeting under Sections $31.071.551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Nall of the City of Denton, Texas, on the day of , 1999 at o'clock (a.mJ(P.m.) I CITY SECRETARY NOTE: THE CITY OF DLNTON CITY COUNCIL CHAMBERS IS ACCESSIBLE 14 ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SION LANGUAGE IN1'ERPREI ERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING, PLEASE CALL THE CITY SECRETARY'S OFFICE AT J49•8309 OR USE TELECOMMUNICATIONS DEVICES FOR 1119 DEAF(TDD)BY CALLING I-SWRELAY•T% SO THAT A SIGN LANGUAGE INTERPRETERCAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. ' c i t c • c, I ENCLOSURE 1 _ R Z-99-051 (SHADOW BROOK PLACE) NORTH F�- e �.. a • r I I or — } � V'l!t.ILlr VICINITY MAP V Agenda Date: August 25, 1999 Scale: None ' 10. c� ENCLOSURE 2 NORTH Z-99051 (SHADOW BROOK PLACE) I die �Ldl 6 � I 1Ilk a' Ism 'LIM Lo k �,�1 hlt.rl,R ra la J w j MCI — VICINITY MAP- II Aj Agenda Date: August 26, 1999 Seale: None I i i ` u I ENCLOSURE 3 NORTH Z-99.051 (SHADOW BROOK PLACE) • 1�1 �,��___._]�.' I '`' r _ . MMY iYM,if' , { f ry, M qq 9 + A iiJill, rb I'so r' `! All f lif•+♦ I ZONING MAP Agenda Date: August 26, 1990 Scab: None 12. ENCLOSURE 4 i Z-99.051 (SHADOW BROOK PLACE) NORTH 1 1 tl hole. 3 r FA M w A I�MK _k*'� '`'� ■ I IS SITE . �� .. ♦ r. ,,: b' oil .4b ~ r y � d tq' EXISTING UTILITIES MAP • Hydrants ++ — • — Water Line (W. L.) I • — Sewer Line (S. L.) Agenda Date: August 25, 1999 Scale: None 13. ., 1 ENCLOSURE 5 # NORTH Z-99.059 (SHADOW BROOK PLACE) ! r All � draw SART 36 ore l DENTON MOBILITY PLAN MAP Freeways Prlrnary Major Arterials Secondary Major Arterials CoIN.Actors � Agenda Date: August 25, 1999 Scale: None 14. i G I V I I ENCLOSURE 6 Z-99-051 (SHADOW BROOK PLACE) NORTH I - - 5'� IATION i ti IL � _ •� 4 � � 1+ � - t _ ti � �'■ i r 1ii''J�' i ♦4 r � � �r, R�; TIM AI , I i i I 200.500 FOOT NOTICE MAP Agenda Date: August 26, 1999 Scale: None 35. t ' • RUG-1.9-99 TNU 05,51 Art P. Or i ENCLOSURE 7 tsouth tofEl NOT`ICE OF PUBLIC 2.89.051 TAe Planning and Zoning �•ommiseion of fhb City of Denton wilt ho Wednaada;,Augus125, 1999,to undr di r zoning a 34.40 sera site located on thse Strret and 16 approximate five hundred ' zoning y 500 feet � north of district(sae map on bscksid,N). The she td bounnddedn by,ft Eatates of Forestry dgo au(SF-1o)n to t west and the Monladto Del Sur subdivslon to the east The brbperty is kg<:;y dearxtbad as Tract$ 6, 7, 8, 12, 13, 14 and 1S out of the A. Gibson Surve; (Abstract 498) In Denton County, Texas. The purpose of the zoning change Is to develop a single-famiy subdivision with a'minimum tot size of 16,000 square feet The Property is presently moving forward wfth a concurrent voluntary annexation request (City Council YAH consider both the anexation and zoning requests on October 19, 1999.) The public hearing Will start at 5:30 p.m. in the City Council Chambers of City Hail Ioceted at 216 E. MdOnney Street, Denton, Taxes. Seuuee You own property whin two hundred (200) feet or ft sub/ed property, the,PlarWrig and Zonkg Conunisslon woWd like ro hear how you feel about this zoning chsng*inquest and kNW You to offend the public hoodw. Please,In order for your opinion to —.-be taken into ao=W,.rstum this form whhyour oommenro pdor464M date of#* ubfie� In no we P aertng; o the Y prohibits you from attending and partic(pefkg h the public hearing.) You may fax it to Ilia' number located at the bottom, mail It to the address below,or drop it off In-Person: Planning and Devolopment Department 221 N.Elm ST Denton,Texaa 7b201 Attn: Wayne Reed,Planner II The inning process includes two public, hearings designed to provide opportuni lea for citizen Involvement and oomment Her to the Public hnarlrV, landowners witidn two hundred (200)feet of the subject property are notified of the zoning request by way of this notice. The first public hearing Is held before the Planning and Zoning r responaee in support and in �Comnfaa Ori. The Commission la Informed of the percent of Ppo Second final action providing the Commission rooarminds approval.�� .$ k ld the o b iss on Conin d donlal, the petitioner may then appeal the re uast to t ity uno . the er$of or than twenty If(20)percent of the land area within two hundred(200)feet of the she submit written opposition,then six out of seven votes of the City Coundl are required to approve the zoning change. These forms wry used to afwlafe the percentage of landowner opposition, Please ekele one: ---hrfevorof request-------Nesrtrefito7agvest-�.^—_f�,.,,Y,�edlorttfcp . Comments: i Signature: � �� j� n n—ry-_,_• Printed Name: -1 �l'r {c, a O C AUG t 9 199 City,state zip: _Dtmetn� :5e 7624S Telephone Number. -� oIN8 p-t. A, PhysialAddressofPropertywithin200reet2osboQLLinc. 3; CITY OF DENTON, rw s arr tt(u WEST • INEWON TE%$ fagot ao ata.lim (r)w.sw.m7 . Z-soar t+0a 1+�u Aoc I 16. l i I ENCLOSURE 1988 Denton Development Plan Analysls The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are Intended to be developed primarily for single family resldentlel development. Neighborhoods are to be serviced by a network of small oommerclaWetail centers spaced at about '/a mile Intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas Is restdcbed to 80 trips per day per acre in order to balance land use with road capacity. Staff finds the proposed development to be consistent with both the policies and trip Intensity standards of the 1988 DDP. The table below provides a summary of the 1988 Denton Developm sot Plan policies applicable to this project: Denton Development Plan Po!icy Analysis Summary Low Intensity Area 0 evelopment Rating vs. Policy POLICY COMMENTS Ii t bconsistart em agent Intaft rot area represent prinary houskq areas within the otµ x InhmRy. To be m%Aent Mth N MoMd Intensity•x trlpslxra plan,a development oftid not exceed As Masted 1Mensty,x bite abomted Interactµ x Slh Man control, sbldt property devdopment control within 1,600 feet of existing low density rewentim areas. x Traffk Design. Access should be provided to ensue that muff-faM4 or non-rer'knbal uses hm muss to cdled4n or larper arterlals wdi r*dared axes through resklenhal sheets, x Open Space. su"rk green space, recreabond facilities and dverNt,,of parks are provided. x Pubtic participation. Input Into planning by neighborhood assxlaboro and our dls Is encouraged. x LAM Use Diversity. Non-residenbal and multidamlly development b encouraged to a limited degree. _ x Manufacturod Housing. Ths farm W singlatarNy housing may be mmpabble with&"lopowts In the low inte 51ty areas subject to condtbra. NJA Ship Commercial. Any form of continuous strip carvnerdal is strongly dsmuraged kVor near low Intently areas x r Ar i r. ms 051 PZ stall Keportdoc r 17r r -Jl t r� i ENCLOSURE 9 I The 1998 Denton Plan (DP) Is to be used in conjunction with the 1988 Denton Development Plan in evaluating the conslstency of proposed development with the long range vlslon for the city. Staff finds the proposed development to be consistent with the policies of the 1988 DP. The table below provides a summary of the 1998 Denton Plan Policies applicable to this project: Denton Plan Policy Analysts Summary Development Rating vs. Policy CATAGORY POLICY Inconsistent Consistent Transportation. Compliments Denton's Long-Range Thoroughfare Plan. Vl' X Promotes Access Management Practices _ �:'t' ? x Dptlrrins operations for emergency service providers and other pudic service proolders. Jcy r';' , x I Promotes pudic transportation system. r`sr X i Novi Contributes to the Denton Trans network. q ': �' X Stormwatar Drainage, Protects 100•year ikwdpialn areas in ai=clance Mth Denton's watershed management Nara. x Conforms to"subdvlslon regulations, i` { X ContrWes to regional detention radlltks (y fir s"fir'' X Provides for natural riparian erm"ment along floodplaln. "`* f4Q x andre�develloopeent draina�esystemaulnf;l Water and Develops and maintains property and prNate Wastewater. Infrastnxtue. _ r x Creates opportunity for overstArq wa ter and wastewater Ilnes to meet luhre development demands. Provides review of proposed water and wastewater InfrasUtxturr to ensure pudic sorely end health. X Promotes infin Improvements over new One extensiom f t9t Electric. Provides underground eledrtc service for new residential and nonresidential development, x Sotld Waste. Promotes effklent access to an development fa solid waste service delivery. r x Parts and Recreation. Locates parks and reaeaton facilities In accordance with the Parks and Aeaeabon Strategic Plan, x Enhances parks and recreation opportunitles for residents. ' x Preserves floodplaln for parks and open space to aid In fieocipialn conservation efforts, x Mom com loining of parka wRh other pudic facintes to addeve cost effective delivery of putrnc serviom x Residential development stxruld dedrate land or fees In Ilev of land for neighborhood parks. x r Environmental Quality Promotes preservation of natural resources. x ( r Integrates environmental Voteckn with economic growth and commoAlty development x x i 99 051 PZ Sta!f Rrpat.doc I 1 i I I 1998 Denton an Poilcies Analysis (continued) Denton Plan Policy Analysis Summary Development RaBng vs. Pocky CATAGORY POLICY tncww*vt w�p*uele tarrsl�ftt "hbwMo& kWft accen to p�mnrr "hdllbn for X &xwvpn a mb&n of kW Lan"benebt redderda, x Protech and VswNa&Mm rKlp 6*f4ode, x tlorrlrp• emnannika"nwVe of housing Ma M kvvvkkw We-ifyka. +vvW�� x a;P���*4e-fw*lot site;Ws*v cite% x Prderves WON houetrq,Indudrg vftdabte houft Intrebea Ir M houatrq mn*udim kommk f tIbIAn to a etraq"dvell bW emv"by DlvenMutlon taealrp employ hw*and mo&* rq IN to bm x Oorwrxnent &Kft- n kmwdmmww xMdinaboe to"hk OOd*,%dha m k aa*M Urban OWM Eddrea m mmru*vpurence h a mmprdrMdve manner• dversMa uditt al eppearena d bunt vmmre L W W!M&"*Mt tv ld be mmpnbbte Mth &M vewm DMtonh andvtecbxd,tine d end Enhances the appe&"alo V mkW entrano w iL kmota bm prewwbon of trees and landmOmg. X Public Involvement ProNdn M opporturVty for p A k cor;w du hp the P nO praceea X ` 2.0-051 P2 W.FF Reportdoc r l t ENCLOSURE 10 SHADOW BROOK PLACE DeulQeighbors. , , As you hava been notified by the City of Denims, the City has been asked to Am"cite Pro"behind 420 and 500 El Pueo Street,consisting of spprotdrlutely 34 acres. SF-16 toning has been requested, and plans are underway to develop the Pro" inW a quiet area of beauty and privacy for custom homes an spacious Iola, Including a new home for ousselvea. 'alts area bas been named SHADOW BROOK PLACE, Lots will be highly restricted u to use,and most lots will require k minimum of 3,600 sq, 1t living ues (single story homes)and 3,400 sq.ft.first level lift area for two story homes. B cause there was no zoning offered between SF-16 06,000 sq. A le0 and a tuning of 47,560 sq. ft.,(one full acre loo we have Wled fa The SF-)d. However, P�oinnclude lots rangutg Jim approximately 112 acre to Ilmost one loll acre,taking adetirng deed restrictions of t/V4 awe minimum on some of the acreage involved. We hsva oonferred with the City inuding beeu6&I rg the flood plain by restorirtg the previous waterway 0cm0vhsg dk!silt and clearing Mush and brambles 80 that matum,bcsuWW trees can fill out and Nrrtntue lo grow in I park-W gtembeh through the flood plain. Some lots will back up to the Spun belt, and the park r!d behnd them will beautify the ores and be of benefit for those lots end Cte tKtt�b of Shadow Brook Plea, as well as thosa of you to the east. Present plw I wsA a walkway Duck tom the water)through the greet belt with bencdea and gas•lypo soR Ir''ggbts; a Picnic area; fishing Pier, and attractive landscaping thro ughout tie am. PIaM Ire 10 manicure the west side of the oreeb7ake to the water's edge(grass and flowers),with perhaps a sm all circulating fountain in the smote altallarr an to kn Qk , water morning and as clear as possible, We are writing you now so that you will be familiu with current piw, '[hese things seems to take I long ti rue,but we feel the end result will benefit everyone when it is completed,and we laok forward to remsirning in ow sraa. If you have quesd^of if you live on 4u east aids and would lake to join in ' the project on your s1de, we would welcome your input please eonhd Beverly Stephens at 9r4�0.357.7731, Q � �ix �'� d l5 n ' Sincerely, •. - U SHADOW BROOK PLACE PLAtJl1iN0 6 UEVFIAP KENT l I, POST OrFICts BOX PM77 s D N"N,TX 76806 a TzL/P'A%111401887.7781 20. r E ENCLOSURE 11 VOLUNTARY ANNEXATION SCHEDULE: SHADOW BROOK PLACE (A-90) xrwfd.A6)e'rnv Saturday, July 240' Notice published In Denton Record-Chronicte for first City Council public hearing concerning annexation. Sunday, August 1" Notice published In Denton Record-Chronicle for second City Council public hearing concerning annexation. Tuesday, August 3rd City Council conducts first public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. o Annexation Study prepared and available for public review. o Service Plan prepared and available for public review. Sunday, August 8' Notice published In Denton Record-Chronicle for Planning and Zoning Commission public hearing conceming annexation and proposed zoning. Tuesday, August 17" City Council conducts `rand public hearing, • Public notice must be no less than 10 days and no more than 20 days before p,biic hearing. Wednesday, August 26th Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and proposed zoning. • Public notice must be no less than 10 days before public hearing. Tuesday. September 71' City Council by a four-fifths vote Institutes annexation proceedings. First reading of annexatton ordinance. • Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sunday, September 12"' Publication of annexation ordinance with service plan in Denton Record-Chronicle. Sunday, September 12W" Notice published In Denton Record-Chronicle for City Council public hearing concerning annexation and proposed zoning. • Public notice must be no less than 16 days before public hearing. Tuesday, October 19"' City Council by a four-fifths vote takes final action. fieoond readinc ,7, and adoption of the annexation ordinance. City Council considers a, approval of zoning request, �!• • Council action must be more than 30 days after publication of ordinance and less than 90 days after council Institutes annexation proceedings. .I 00 An nr.,rtrida Sr7int+rlr Ta, b. 21 . S L ENdMUM 12 2. ANNEXATION SERVICE PLAN CASE NUMBER: A•90(Shadow Brook Place) AREA: 34.40 acres LOCATION: On the south side of El Paseo Road and approximately five hundred (500) feet north of Ryan Road in Denton's extraterritorial jurisdiction (ETJ). It is adjacent to the Estates of Forrestridge subdivision to the west, the Montecito subdivision to the north,and the Montecito Det Sur subdivision to the east. , Municipal services to the site described above'shail be furnished by or on behalf of the City of Denton,Texas, at the following levels and in accordance with the following schedule: A. Police Protection 1. Police service, including patrolling, response to calls, and other routine functions, will be provided to the property on the effective date of the annexation using existing personnel and equipment. B. Fire Protection 1. Fire protection(within the limits of existing hydraets) and emergency medical services will be provided to the property on the effective date of the annexation using existing personnel and equipment. C. Solid Waste Collection I. Solid waste collection service will be provided to the property on the effective date of the annexation using existing personnel and equipment. D. WaterAVsste water Facilities 1. Maintenance of water and wastewater facilities in the area to be annexed that are not 1 within the service area of another water or wastewater utility will be begin on the effective date of the annexation using existing personnel and equipment. E. Roads and Streets L Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin on the effective date of the annexation using existing personnel and equipment. F. Parks and Recreation Facilities 1. Maintenance of parks,playgrounds,swimming pools, and other recreational facilities In Al ; c the area to be annexed will begin on the effective date of the annexation using existing personnel and equipment. However, there are no existing parks, playgrounds, swimming pools, and other recreational facilities in the area. �4tll�'AN1i Srnit:�rlon.da i. 22. u i I ANNEXATION SERVICE PLAN (A-90) Shadow Brook Place C. Electric Facilities 1. Electric utility service will be provided on the effective data of the annexation using existing pe-,xnnel and equipment. H. library Services 1. Library services will be provided on the effective date of the aMexation using existing personnel and equipment. 1. Code Enforcement,Building Inspectioos'aad Consumer Health Services 1. Code enforcement, building inspections and consumer health services will be provided on the effective date of the annexation using existing personnel and equipment. J. Planning and Development Services 1. Planning and development services will be provided on the effective date of the annexation using existing personnel and equipment. The Planning and Development Department currently provides services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. K. Capital Improvements Program(CIP) The CIP of the city is prioritized according to the following guidelines: (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (1) The overall cost effectiveness of providing a specific facility or improvement. The annexed area will be considered for CIP improvements in the upcoming CIP plan. This property will be considered according to the established guidelines. 4 9019i1Urt)Yrmill ft"'IM 13. C i . I ENCLOSURE n a ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A SINGLE- FAMILY 16(SF-16)ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 34.40 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF F1 PASEO STREET AND APPROXIMATELY FIVE HUNDRED(500)FEET NORTH OF RYAN ROAD. IT 1S BOUNDED BY THE ESTATES OF FORRESTRIDGE SUBDIVISION TO THE WEST AND THE MONTECITO DEL SUR SUBDIVISION TO THE EAST; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF$2,000.00 FOR VIOLATIONS THEREOF;AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-051) WHEREAS, Beverly Stephens,has applied for a Single-family 16(SF-16) zoning district classification and use designation for 34.40 acres of land; and WHEREAS, on August 25, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning;and WHEREAS,the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan,the 1998 Denton Plan Policies,and the 1999 Growth Managenimt Strategies and Plan;NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SEC]ION 1. That the zoning district classification and use designation of the 34.40 acre properly described in the legal description attached hereto and incorporated herein as Exhibit A is a Single-family 16 (SF-16) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton,Texas. SECTION 2. That the City's official zoning map is amended to show the zoning district classification, { SECTION 3. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding$2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. That this ordinance shall become effective fourteen(14)days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle,a daily newspaper published in the City of Denton, Texas, within ten (10)days of the date of its passage, A r 24. ., I U G PASSED AND APPROVED this the—day of x11999. JACK MILLER,MAYOR r ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY BY: 25. r i Planning and Zoning Commission Mh ATTACHMENT 2 August 26, 1999 Page 2 of 4 PUBLIC HEARING —COMP PLAN 6, Hold the first of two public hearings regarding the draft Denton Comp Plan. 'Discussion of item is tncluded in Court Reporter's transcript attached to this set of minutes (Page 38 . PUBLIC HEARING —ZONING CHANGE 6. Shadow Brook Place, 34.40 sores located on the south side of El Paseo Street and approximately five hundred(500)feet north of Ryan Rood. l a. Hold a public hearing and consider making a recommendation to the City Council f regarding the voluntary annexation. (A•90) Motion by Perry MCNei'I and seconded by Sally Rishel to recommend approval to City Council. 'Discussion of item Is included In Court Reporter's transcript attached to this set of minutes (Page 64). Motion carries 6.0. b, Hold a public hearing and consider making a recommendation to the City Council regarding the zoning. The applicant Is requesting a Single-family 18(SF-16)zoning district for the entire tract, it Is bounded by the Estates of forrestridge subdivision to the west and the Montecito Del Sur subdivision to the east. The proposal is to develop a single-family subdivision with a minimum lot size of 16,000 square feet. (Z-99.051, Shadow Brook Place, Wayne Reed) Motion by Salty Rishei and seconded by Elizabeth Oourdie to recommend approval to City Council. 'Discusslon of item is Included In Court Reporter's transcript attached to this set of minutes (Page 68). �9S i 4JLS�r[L4�L,�-4. 7. Hold a public hearing and consider making a recommends o N City Council concerning the rezoning of 0.70 octet from a Commercial(C)zoning district to a Central Business (CB) zoning district. The property Is located on the north side of E, Oak Street between Austin Street and Oakland Street, The proposal Is to redevelop the site with a mix of res!dential, office and commercial uses. (Z-99-057,201.215 E. Oak Street, Wayne Reed) Motion by Elizabeth Gourdia and seconded by baity to recommend approval to City Council. 'Discussion of item Is Included in Court Reporter's tranocript attached to this set of minutes ��, (Page 88). A s Motion carries 5.0. 8, Hold a public hearing and consider making a recommendation to City Council regarding the rezoning of a 0.45 acts eke from an Agricultural(A)zoning district to on Office (0) zoning district. The property Is located at 103 Woodrow Lane,south of East McKinney. The purpose of the zoning change Is to allow for the development of a professional office, (2.99-038, 103 Woodrow, Thomas B.Gray) 26 . t' �, IIII it I III I II Condeoaelt M III Pape 61 Page 63 1 graphics that can show you how all those nctShborhoods 1 CCUncU meeting that one of the Catcil members asked 2 could inter-react to each other Just like they do today. 2 Could you give us some examples of those, And I asked 3 MS.(30DUADIE: That might be helpful because 3 that at the workshop and Mr.Donaldson said,well, 4 1 think we're all envisioning pile up. And I think to 4 Dcmton SO years ago. Unfortunately,It Is 30 years S dispel this fear that we all have as to wing just one S later. We do have a minimum mass transit but if we're 6 big neighborhood center down the road,I think a visual 6 trying to accomplish this mega-growth In smaller attas, 7 would be wonderful to help us understand @te situation 7 we've got to take care of those people petting from 8 MS.MCBEm I'll try to put sometldng 8 place to place with roads that aren't designed at 9 together rot you. 9 current levels for those types of transpoiation or 10 MS.GMADIF: Thank you 10 we'll to have pay for a new mass transit or expand a I I MIL ET'GFLBKEM: Other questions or I i mass transit system. 12 comments for staff? Let me ask,and I don't know--was 12 1 think those mixed use centers are 13 there someone else here who had come up and requested to IS wonderfuil. I don't see any res"why they can's be 14 speak? Mr. Reed, was there someone else who carne mid 14 accomplished under your current Comprehensive Denton IS requested to speak? Commissioners,It appears there was tS Development Plan that you adopted,or that the City 16 someone Vsc who came In,do you have any problem if we 16 adopted some years ago. With a planned unit development 17 open the public hearing and go ahead and take the 17 you can have all that and we how it looks and we how 18 comment tonight? Okay. In that case,we're going to 18 it works before you make Us radical departure from 19 reopen the public hearing. If you would please cume up 19 your existing philosophy and regulations. 20 and give as your name and address for the record and 20 1 just know that l I years ago a lot or 21 we'll go ahead and take your comments. 21 cidtms spent a lot of time and gave a lot of thought 22 MS.DWIVITCH: Thank you,Chairman 22 fee that plan. And I'm not sure what we're trading for 23 Engelbrccttt I name is M-brs Droevitch. My address Is 23 and 1 think that there have been • I'm real glad that 24 2221 Stonegate, I'm very sorry I came in at the end, 24 Commissioner Gourdie asked for some examples and some 25 I'm juggling a church meeting with this meeting And, 25 drawings rod Some realdife places that we can go and Page 62 Page 64 1 in any event, I want you to know that I attended the 1 we wbcre this has worked before we trade in what --or 2 neighborhood mceting on the plan at Sam Houston,as well 2 we vote--or you vote to trade in what we have for this 3 as both community workshops and was very enthused to 3 better way of life. And 1'd be pleased to respond to 4 hear that the plan was going to address the quality, the 4 any questions. S quantity,the location,mid the timing orgrouth in S MA ENGELBAECHT: Commissioners,any 6 Denton. 6 questions? It appears not, frank you. Sitter we did 7 As a parrot or srhiol children who if you 7 give you an opportunity,is them anyone else who his I have an opportunity to drive by any of the schools with 8 come in and is present who would like to addreg the 9 all the portablex, you know the crisis situation that 9 draft Comprehensive Plan? In that case,public 10 exists with respect to the inrrastructure and the lack 10 is closed. And we will stave--actually,it is 7:00 11 of it for our schools Other communities who one I I o'clock and if Commissioners have no other comments with 12 grappling with this Issue have worked to manage and 12 rgard to this issue,we will break and return at 730, 1) control thew growth so that they are able to provide 14 ror those school children 14 MX LNGELBRECHT: okay. Ladies and IS Unronunatcly,this document that you're IS gentlemen,at this time if 1 could have your attention, 16 rnnsWcring does not provide for any or those methods of 16 1 will recot.vene the mating and we'll move on to 17 management of growth. IM&A l respect Commksion-r 17 Agenda Item 6 this evening. We arc taw moving Into Is Morcno's questioning U far as what some or the other Is the public hearings with regard to acting changes rr t9 neighboring communities are lotiking at as far as 9 portion of our Agenda. Item 6 is In two parts. A+ 20 dc-isities in arLkr to manage their growth so Thal they 20 Shadow Brook Platt Is 34.4 acres located on the south ! 21 can provide for their existing citlitni and School 21 side of El Pasco Strad and approximately$00 fat north 22 children. 22 of Ryan Road. Item A Is to hold a public herring and 23 the concept of a neighbor-•that mixed wt 23 consider making a recommendation to the City Council 24 ores that Commissioner Oourdit talked about Is,indoed, 24 regarding voluntary annexation. I believe Mr. Reed Is 25 It very enticing one. t understand at last night's 2$ going to..at this time I'll open the public hearing. PLANNINO& ZONINO AUGUST 23, 1999 27. Page 61 • Page 64 t- r. Condeatoitt'c Page 65 Page 67 i I believe Mr,R ed U going to provide us with the staff 1 M004 business add". 2 report. 2 Ms.STE?Hmr Beverly Stephens,420 El 3 MR.Ram. Thank you,Commissioner S Pasco Suvet. We live right next to this property sad 4 Engelbrecht,and good evening,Commisamm. At this 4 we we one of the Investors that arc developing the ' S tine I'm going to pass out a copy or additional 3 property. 6 responses that staff has received since the staff 6 Mx.ENOELBRECHT: cammhaslorWrs,lay 1 report. 7 questions? It appears not. lbank you. Is there anyone I MIL ENOELaRECHT: with rryard to the I present who would like to speak In favor of this 9 annexation? 9 annexation? Anyone present to speck In favor of the 10 MR.REEn: with regard to the zoning. 10 annexation? I I Commissioner Engelbrecht,would you repeat yourself to I I In that cam,is there anyone present to 11 me,as I was messing around with my foldcra,are we just 12 speak in opposition to the annexation? Anyone p cK t is doing the public hearing now for the annexation? 13 to speak in oppos Lion of the maexation? Sexing no 14 MR 04GELSRECHT: Irbil is listed as two 14 opposition,we will waive rebuttal. Tbd public hearing 15 sepante public hearings so I simply read A,to bold a IS is closed. Mr.Reed,any final staff rertwks? We bane I6 public hearing regarding voluntary annexation. 16 your staff reoontmendation here. 17 MR REED All righL The subject 54.4-acre 17 MR.REED: Tlrat's correct Staff does 1I site is located In south Denton and is surrounded by I I recommend approval or for the PAZ to recommend approval 19 existing neighborhoods, apocirrcally the Forrestridge 19 to City Council of the voluntary annexation. 10 subdivision to the west and the Mewocito subdivision to 20 MR.ENctamCHT: All right Any questions 21 the cast. To the south of this property•- and first of 21 for staff,comments,or I motion? 22 all, this property is within a link enclave of the ETr 22 MR.MCNEML I U make I motion that wte 23 which stretches north from Ryan Road in bct*m these 13 recommend Approval of A•90 Anding that It's consistent 14 two existing subdivisions that I've mentioned 24 with the'88 Denton Plm,it's consistent with the 1998 25 Previously within to past s!x months,we've annexed two 25 Denton Plan Polick s and the Growth Management from V. Page 66 Page 68 1 properties to the south here. One was referred to as 1 I recommend that••I nuke a motion that we amtex A•90. 2 Thistle Hill and that was Annexation No.79. A previous 2 MA R1511EL Second. 1 one to that, Rysn Ranch,Annexation No, 78,you an we ) MR ENcima.ECHrr Ws been moved and 4 on the vicinity map. So ads one It just north of thug 4 seconded to recommend approval. Any disctwloc? if 5 two 5 not,would you vote on the motion using out little e S The annexation Is consistent with our City 6 electronic system here, And notion is passed 7 polr6j of looking at property outside the City limits 7 tnanlmously, I which Is contiguous with our existing bounldarks and I Okay. Item 68 then Is to hold a public 9 annexing It when development Is proposed dot triggers 9 fearing and consider making a recommendation to the City 10 the annexation policy. I'd be happy to answ'ct any 10 Council regarding the zoning. The applicant is I I questions 11 requesting a Single-Family 16 zoning district for the 12 MF ENOLLBRECHTr Commissiaenx,any 12 entire tract. It is bounded by the Estates of 13 questions? Appcars not. Thank you. Mr Rod,is the 13 Forreslridge subdivisllm to the west and the Montalto 14 City the potitioner In this case? 14 Del Sur subdivision to the ad. The proposal is to 17 MR.RELD No, this Is a voluntary 15 develop a single-family subdivision with a minimum lot I 16 annexation A sire of:6,000 square feet At this time I'll open the I1 MR.ENOELBRECHT: All right. Is the 17 public hearing and ask Mr. Rued to provide us with a IS petitioner or poitlana's rcpnesenntstive present? if is staff report 19 you would•• would you taro to nuke any remarks with 19 MIL Mt thank you. the requested zoning a 20 regard to to annexation? We'll tyke the zoning In a 10 for this 3141-Acre property U Single-family 16 w3Ucb U 21 moment. 21 consistent with the neighborhoods surrounding It. Some 22 Ms. rtpmNs, 1 really don't have any 22 of our policies in our Comprehensive Plan talked 2) remarks. 2) directly to the Idea of protecting txistirg 24 MR.ENOLLBRECIrr if I could interrupt you, 14 neighborhoods. And one way to do tat is wash request 25 if you could give us your name and address for the 115 W zone property 46oart to existing neighborhoods U PLANNING &ZONING AUGUST 25, 1999 20. Page 65 -Page 68 Coadeaselt"' Page 69 Page 71 1 to apply stmilar zouing districts. So the applicants' 1 anwhed to I%but there are existing seighbarloods 2 request here••is the overhead••thank you••Is to 2 where zoning regulations probably allow smaller lot 3 zone it similarly to the existing toning districts, The 3 sizes than the dad nowicdoos do and the deed 4 applicants' request is identical to the existing toeing 4 restrictions ate held In farce. And this,by no means' S of the neighborhoods around iL So,in effect,the 3 Invalidates the dad restrictions. 6 property will develop with a minimum lot size or 16,000 6 MR.R1sm. Don.not circumvent with our•- 7 square fat which is consistent with the neighborboods 7 M0.REED: R does not. a around here, a MR.MELexECHT: tot Ire ask you,we have an 9 Zoning regulations,another form of 9 estate IN category,l believe. 1 can't the remember io restriction on lot size is dad rear fictions. These arc 10 the title exactly, b that tact what it's aired? I I private contracts between tit pr gerty owners and—the 11 MIL DM D)SON: We have a gas-section for 12 original property owners and o bwquent property tr,,Ten. 12 stmt standards that we all an ,state street In 13 Staff is ktually aware thr.t rite bottom one-third of the 13 order tb qualify to do an estate street you have to have 14 property,of the site sctua'ly has deed restrictions 14 a minimum one-acre lot al-t end a miolmum of 100 lineal IS limiting lot sizes to no less than throe-quaiten. I Is reef of frontage, 16 Just thought 1'd provide that Information to you. So In l6 MA ENGELBRECHT: sty question then is in the 17 addition to zoning regulations,there are some deed 17 event that this is zoned SF-15 and Let's assume for a 16 restrictions that will limit lot sizes here. IS moment that some of it is dad ftdd red to minimum of 19 1'd like to talk about the nodfiation 19 one-acre Iota,would they by right be able to build the 20 Staff mailed 33 Icgal notion by certified mail to 20 estate-type street or because it's zoned SP•16,would 21 property owners within 200 fat and mailed another 118 21 they be required to put In that sF-ii type rtrat? 22 courtesy letters to rcsidenta within 300 feet. As of 22 MR.DoNALDsoN: No,that would be a function 23 the staff report 1 had received one response and it war 23 of the actual plat rather then the toning to they can 24 In oppos tion. As of today I've wocivW four and they 24 always choose to plat lots that are greater than the 23 are all in opposition, 1 did not have the trop printout 23 toning. So if they Came in with the plat that had Page 70 Page 72 1 with the addresses so I'm not sum exactly where on the i nothing but one-erne lots adjacent to the streets and 2 stints these properties arc,but I did note that orte 2 they had the minimum frontage,they would be allowed to 3 was on Wellington teaks Circle,two on F'orrestrtdge 3 use the estate action. 4 Drive, and one on Santiago Place. 4 MR.ENGELRRECHT: Any ether questions for 3 Again,the request for toning Is consistent 3 staff? 6 with the 1988 Upton Development Plan and the 1998 6 Ma RISHEU out the deed restrictions In 7 0.-nion Plan Policies and 1999 Growth Management Plan and 7 this can do not spalry a ore-acre lot,they're more 6 Strategies and the draft land V% Plan. I'd be happy to S like throe-quark%or an acre, 9 answer any questions. 9 MR.REED: Threc-quarter am. 10 MR ENGEI,DRlt.Hr: Commissioner%,any 10 MP RISHEL so the estate plaming would I I questions for Mr, Rood? Mr. Mc*11. I 1 tot apply to that? 12 MR MCNEILL: The leeks that you got In 12 MR.REED: Right. I3 opposition,were there any reasons why they were in 13 MR.ENGEt9RECHT: Any Otto questions for 14 opposition? 14 staff) Shank you,Mr. Reed. Is petitioner or is MR. R€LD No. In fact.there were no 13 petitioner's mprnentstive pro nt? Do you care to 16 commonts written on those 16 make any eomtnent. It you would agar give us your name 17 MR.MCNEtLL okay, Thank you. 17 and address for the record is MIL ENGEt.DRECgT Mr. Recd,in regard to the 16 Ms.STEPHDa: Beverly SlcpbrK 420 El r r 19 decd restriction issue, are we Well inconsistent by•• 19 Pasco Stmt,and 1 would be gird to answer any A, r, 20 or is the applicant being inconsistent in the sense of 20 questions. I did rot send in a card to speak In furor, l'\ 21 requesting zoning which Is smaller than what deed 21 1 guests I can give you a 11rk bit of background 22 restrictions would allow? 22 information here We do plan to••because we were 23 Ma.tatra No. I think you'd rind that•• 23 planning larger lots,vie asked for the 1P.16 because the 24 not common plea, many subdivisions are developed with 24 next toning wee wild have to ask rte was the full one 23 an original plat which may have some dad restrictions 23 acre. We plan to build a new home then otuxlm, We PLANNING & ZONING AUGUST 25, 1999 29. Page 69•Page 72 i F condienwItTM Page 73 Page 73 l do want Iaw lots, I beautiful homes would ad improve the area 1 2 Right now••we initially planted and I have 2 And so we are asking for the zoning and we 3 a little bit of a••the initial layout that the 3 will work with the City. 3 think Allen less been working 4 engineers did for us had all of the lots at least 4 with the City regarding the greenbelt,but until it s three quarkrs of an am and some were even like 1.2 J becomes the City right-of-way,we,you know,haven't 6 acres. However,we have found that not only on this 6 made any final plans. We've just trimmed up toes and 7 south 12 acres Is there a three-quarter acre minimum, 7 tried to get enough bnlsh out,that we can even find s there is 150-foot frontage requirement. And these s when the little creak Is in there, 9 little cul-de-sacs did not rill those requirements. 9 mx etoEt9Aecx7: Okay. Thank you. Any 10 The engineers had also••we want to put a to questions for Ms. Stephens? R appears not. Thank you I I greenbelt along the flows plain and Alien Williams, I t very much. Is there anyone present who would Iike to 12 who's going to be our supeMsor and coordinating this 11 speak in favor or this petition? Anyone present to 13 project has bon In touch with the Cit;acgarding 13 speak in favor of the petition? 14 restoring this little creek area and making a really 14 In that cam,is there anyone present to 15 pretty area for some of the Iou to back onto. The 13 speak in opposi Jon to the petition? Yes, air. If you 16 greenbelt area would be all down this side and some of 16 would plesae give us your llama and address for the 17 the Iola would back onto it. I IOweVer,we have come up l7 record. I s with some problems,not only the 150-fod frontage,but Is MA.cLAIIK: Tim Clark, 3501 Formstridge 19 we have one big beautiful he that's right in the 19 Drive And I think opposition Is probably a bad word 20 middle or that stm& 20 because I feel like I'm vexing on something without the 21 So there are going to be several changes 21 Informutlon because f got throe pixel of information 22 made to this. And I just sent out a letter to the 22 within the past two weeks, Oder than that for a year, 23 neighbors,because they see activity and I'm sun they 23 1 back right up to the property,I've beer)watching 24 want to know what's going on here,and told them that we 24 fences torn down,stables tom down,which Is all 25 an planning a subdivision with no less than helfacre 23 development. 1 don't have a problem with that. In Page 74 Page 76 1 lots. Should one of thew have to be reduced,it I matter of fact,my rat problem is gone away now because 2 wouldn't go less than half an acre. And the rest of 2 the stables an gone. So that's good, I've been 3 them In this 12 acres will be,of course,thuee•quarter 3 watching din being carried In and everything else. We 4 acre and maybe even larger, 4 know something is going on I just don't think there's 5 But we don't have— everything to do with 5 Infomution. e development these days is just backed up and we don't 6 for Instance, like she already mentioned, l 7 have our final revisions yet as to exactly what they 7 get the oolloe it's thrce•quarten of an acre,and then 9 conlcmplatc that we can do here to keep in-line with the s I get the letter, it's a half an acre. So we've already 9 deed restrictions and still set up••we didn't want 9 gds 33 percent reduction. svIs,that's another 33 0 just a square box here with square lots and whatever, 10 perxrtt reduction. In truth In advertising, to far in 1 I and we did want large lots. I think Denton is very I I Denton the past ten years I lived here,people ask for 12 short of area for custom homes on spacious lots. And 12 A, they get Z approved and they build somewhere around 3 because we do want to stay in the area,this was our 13 M, So I'm saying if they ask for A,grant them A and 14 choice, too, as a place to build. 14 don't glve them the wriggle room in between. 15 There arc •-oh, some of the points that I Is The other thirtg,In the letter It talked ! 16 probably could make,we have had several people say 16 about duty and privacy and ads ,without no information, 17 bccauso we raised horses there for 13 years,and they I7 t also beard this talk cheat it being a gated commumlty. I6 said, oh,please don't take our beautiful horse pasture. is Do you know If that••Is that being requested? Is it 19 You know,our children like to come out and soc the 19 going to be a gated community? is that part of it? I f' , r. to horses, all kinds of personal things that these changes 20 don't know. There's a tat of stuff in thds information 21 arc going to affect, And wr understand that but we also 21 1 don't know. the plat we don't know because there's 22 feel like the whole development will be an asset. Right 22 going to be changes. So it's not In opposition,I just 23 now, It is a vacant piece of land, there an no home 23 need more Information because I know it's going to be 24 there anymore. It's dry. It's ugly, ?hen is no way 24 developed It's going to turn out bao6ful, It's a 25 that a pretty greenbelt,beautiful manicured lawns,and 2s gnat property back there. I know a lot of flood plain PLANNING do ZONING AUGUST 25, 1999 30, Page 73 • Page 76 i I I r Condemeltb1 Page 77 Page 79 I 1 was involved at one tithe. They've been carrying dirt 1 MIL ENOELBRECHT: Any questions for Mr. { 2 back there for nine months so the elevations I know have 2 Clark? Yee,Ms. Oourdie. 3 changed since the original ones because of the amount of 3 M&OW ME; I just wanted to say I agree 4 dirt back there, 4 with you, It's aloe to know all the details. But"Ire 3 My objections to something may not even S just rating the land and being that they explained i 6 exist. d don't want s gated oornmunity because this is a 6 earlier that there's a dad restriction on it.she can't 7 well-established community on Fotrestridge on one side 7 in that area go below that throe-quarter. 1 know who 9 and Montaito on the other. I want to be part of I you're saying Another thing is we:have ordinances and 9 development but one thing I was concerned about her 9 we an,t just make an ordinance come out of the air to 10 plat,this is the first time 1 saw I%was it looks like 10 say you can tone it dV[e-gtivter acres. And so the I I to me that some of the lob,the houses,the backs of 11 problem is she was faced with our ordinance states, 12 the houses will be on El Pasco, 7hey've now tuned a 12 which is the law,you an have SF-I6,you an have one 13 street that has frontal houses with back houses. I I3 acre,but we had nothing la betwom so she had to take 14 mean,this is more information you don't know. IP seams 14 wfileb was closer to her opportunities to work with It 15 like you're having to vote on something without the Is So it's kind like,the Planning and Zoning 16 information. Is that true? I don't like the lot size 16 Commission,we have to work with the law and the law 17 varying. If she wants three•quaricrs of sn erne,even I7 states that this Is the zoning and we have to deal with is if you have to make a new one,grant thme-quanen of I I what the law states. And that's what makes it difficult 19 an acre. If she wants a half,grant a half. I don't 19 its U%too, 20 like selling me thnx-quarters and then building 16. 20 MIL CLAU: Well,it's also very difficult 21 lust don't do it. Just pick one or the other, 21 because —have y'all bar down Formstridge7 lad you 22 The other thing, I do ages 1 think we do need the 22 know the dad restrictions for Fortestridge says you 23 larger lots in the City of Rntton. I think we need our 23 can't have a slacco house? Were you aware of that? Now 24 local builders building those. 1'd like to know if this 24 many stucco houses are in Formsuidge? So died 25 dctelopment Is going to be Pulte Custom Homes with your 25 restrictions can go boom like that, Page 79 Page 80 I five choices and you get to pick the carpet and that t MIL ENCELIRECHT: well,l understand. A 2 makes it a custom homes or Is It going to be true custom 2 deed restriction is at Issue that the resident has to 3 homes? Once again,not er.-ugh Information. 3 talus up,not the City. 4 Another thing Is this,when you gel here, 4 MR CLARK: Right. So that's what I'm S when does the trcr people take over', After annexation? S saying. But they're selling deal restrictions, but 6 Because we didn't aria to opposition fir annexation 6 you're only approving the zoning and thee's a big 7 I've sae some tkvelopmente,they take bulldozers and 7 variance. I don't like the big variants. 6 wipe out every stick of gran carth and there's no b M0.ENGELaRECHT okay. Any other questions 9 trees And she did mention there's a beautiful live 9 for Mr.Clark? 71unk you. Is there anyone else present 10 there. I mean, you nocd some variance there. So it's 10 who would like to speak In opposition? Anyone else I I hard to be in opposition or for when there's no I I present to speak In opposition? Yes, W. If you would 12 information 12 please give,,us your name and address for the mcod. 13 Other than we're going to build house here, 13 MR.RAnEr: My name Is Kemp Rainey at 211 14 We may do this We may do this. We may do that, 1 14 Royal Oaks Place. And,agsln,I question the tam I S think you nerd a plan,an established plan,then you IS opposition but t1 ralses some questions and I know you it have something to doeldc on. I hate making decisions 16 spoke about the dead restrictions,but that only affects 17 for of egainst without the Information So does anybody I7 the bottom one-third of that property,as I recall,and r IS know? li It going to be a gated community? is that In is not the entire propttrly. And we're concerned about the i 19 the request? Are those houses going to fax FI Paocol 19 entire property. if there Is soma concern about it, 20 xtR LN'GELmREM those are•• slna you 20 sF•ls as 1 understand it is it minimum :6,000 square foot 21 have cone up In opposition,what that does Is that 21 lot; is that Werat" 22 trigam on opportunity fo the petitioner to address 22 MIL EVGELBRECHT: That's Corral. 23 those issues in a few r Inutes at part of the process. 23 MIL RAINTY: okay. The next one up Is the M MR.CLARK okay, f just need more 24 estate lot. Can we go up ^ why not to up to the estate 2S Inrtumation 25 lot as opposed to down to the SP•10 1 think whim AANNINO alt ZONING AUGUST 25, 1999 31 . PoSe 77• Page 80 n Consleoselt"' Page III Page 81 12 you're talking about this area In here,to between the t ms,sTEFHDvs, members of the Commission, 2 two areas that you're talking about, I don't we any 2 let me clew up a few things. We do not plan this to be 1 reason to go down. I think we should go up. I think it 1 a gated community. What we feel will make It private Is 4 should be incumbent upon us if we're to proted this 4 that It is nestled In between ForteavidQe,Montacito ' S ere&to keep it at large lots and not be able to go down S Del Sur,homes on the back,and E1 Pasco Street sum 4 to the minimum. 6 the front, Thera will be no speedway streets In here. 7 The other concerns,and I certainly 7 It will be a private neighborhood community of homes It unde:stand the law,but some of the gran areas that 11 probably around 30 to 32 homes. 9 exist in these areas•- there is on incredible tree line 9 Tice will be no houses backing onto Et i o on the eastem side of that property that runs almost 10 Pasco, If I can find this again and get it up here-- i I the entire length of that property. NoNng's been said 1I our house Is right here. There is also a house right 12 about the bx lie. You know,we talk about greenbelt.s I I here. These Is a lot right bete that presently••it 13 over on the east side but the west side has a 13 did have our largo hose barn on it. It presently does 14 magnificent hoe line and that hasn't been addressed at 14 not. It Just has the little offloe portion at the i S all. I think part of what's happening right taw in the is front. That lot fans forward to El Pasco Street. The 16 City of Donlon is we're losing a lot of green area in 16 lots that will be facing into this subdivision are the 17 certain areas and they are,to use Mr. Clark's 17 lots that arc in the center berc is expression,they're bulldozing down tress left and right I e Let's we what other points I Height have 19 pretty well indiscriminately and I think it's Incumbent 19 thought of. Yes,these will be true custom homes. 20 upon the Zoning Commissioner, as well as the residents 20 These will not be homes that one builder or spa 2I there to try to protect some of these gran areas. 21 builders•• those will be custom home builders. Now, 22 My only concern Is if we either have to go 22 I'm not saying they won't build a home for We in 73 down to SF•16 or up to estate lots.Let's go up to 23 them. But we plan to keep the living spas 24 estates lots. If there Is a way that we can protect 24 roqutremento at 3,400 to 3,600 square feet so we're 23 some of the gran areas, Ice's protect them. 23 talking xpacious homes on spacious lots. Page 92 Page 84 1 MR.ENOELBRECi1T: Any questions? 1 And no trees will be removed. And when 1 2 MS ao m1E: t do have a question. 2 mentioned that there would have to be changes in this S Subdivisions do have to do d e 15 tens per acre,is 3 plan,it was because there is a huge uve in a pasture 4 that correct? So they can't just••well,they could 4 that I do no want to take down. All the tess along S but they'd be fined exorbitantly for taking down the S Fortestridge might be trimmed up or whatever. They will 6 trots,but it is to their benefit to trove the minimum 6 not be rornosed. The troes that are on the property 7 which is I S trees per acre. And that's just,again,the 7 right now will stay, We,hn a tried to take out Willow s law. That Is an ordinance that we do have In place. s trees,dead trees,brush,whawwar to where the good 9 And as you said,it is minimum,b,tt It's a start. 9 mature Oaks and whatever••I'm not a borticultuist but to MR.ENOk:LBRECFIT: Mr, Raiooy,do you lice 10 there arc sonic beautiful trees In there••to where they I i within 100 feet? 1 I will be able to keep growing,mature,and mdse a really I I mil. RANEY: Yes, 1 do. 12 pretty park area. At the time we got in there to try to 17 AMR. ENOFLBRF.CHT: And your lot size is7 11 clerri it out,we started at one end and went to the 14 AIR. RAINEY: I'm not exactly eosin. It's 14 other Just ctearino brush because thli is 20 to 30 years 15 in the three-quarters of an acre vicinity, I don't know is of growth that hasn't been touched. We were new even 16 the exact lot size on it. 16 able to ride a horse over there to see where the crock 17 MR. ENOELBRF.CHT: You were in•• what wu 17 was because it was so thick And It will make a Is your— 18 beautiful park area but vv don't plan to takes any of the e r 19 MR. RAiNEY: 211 Royal Oaks Plan. 19 big good trees out, �!,` u 20 MR. t'NOLLBRECHT: Thank you,sir. Is there 20 And as fu as someone saying we amid go up 21 anyone else present who would like to speak in 21 to eatate-sin hei as opposed to sP•1s,that we would 22 opposition to this petition? Anyone else present to 22 be gdrtg da:.n we aren't going down, or-Is is 23 speak in opposition? Seeing no other opposition, 23 Forrcoridga. sF•1s is Montecito Del Sur. Uwe arc at 24 petitioner has an opportunity for rebuttal N this time, 24 half•sx lots,we at tip. We are no going down. the 2s if you so choose. 2s o ly toning we could apply for was the SF-14 and still PLANNING A ZONING AUGUST 25, 1999 32. Page 81 •Page 94 t Condenselt°1 1 stay within that size and the one-acre. 1 think that,$s 85 t Page 87 7 it unless you have any other questions. MR REED: That's correct MS.OOURDW-- So 1110 whore subdivisloo is 3 MR,ENGELOPECHT: Comntlseloners,are the;e 3 SP-16 but the homes vary from SF-26 on up? 4 any questions? 4 MR REED: That's right. 5 MR RISHEL: It sounds like you're currently 3 Ms.OOURD1& Okay. Thank you for 6 bringing song GII in in some way,shape,or form. 6 clarifying that for rne, 7 MS.STEPHENS: we had an excavator or T MR.ENOELORECHT: Other questions? Since 8 whatever that had some extra dirt and he said could we Il that issue of the trees was brought up by individuals 9 use it. And because In the back the pasture dopes off 9 who spoke,would you just briefly review for the 10 $o much,we are contemplating putting •• here again, we 10 audience the Landscape Ordinance as it relates to trot 1 I I haven't engineered it,we haven't been to the City. !I on this articular tact of 13 We're contemplating putting in a retaining will along 13 required. P property.what will be t3 there to where wr can Level these lots and not have them IS MR.REED First, during the platting 14 dumping off onto the greenbelt. !� process at the Preliminary tat is MR. FUSHEL: 2s part of this a floodwa or a ar p st age,a tree inventory 16 flood plain? y Is of existing tress on the site is required and that will 17 MS.STEPHENS: The flood plain £s below the !7 adc document their diameter' their species,and their health general 18 600400t level. Thus would be above the boo-foot level. 1S residential development A site plan e s otrequired but 19 This would be actual lots. 19 that is-- A plot plan Is required once a building 20 MR.RISHEL: And rune of the dirt you 20 Permit is pulled for A specific lot A 2I brought in is above, Is In the 600 lcvcl. 21 has the right to remove any trot on their p operty if it 22 MS,STEPHENS: Is below, No, no. 21 is of such a aim that It s a monarch tree. It would 27 MR.ENC}ELBRECNT: Are there any other 13 have to be designated as such and the owner has the 21 questions for Ms. Stephens? Thank you. At this time 24 right to petition for It to be designated as such and 21 I'll close the public hearing. Mr. RMd,do you have 23 preserved. I Fliland stars rcmarks7 Page S6 Page 88 1 So our Landscape Code emphasim providing R keto t suppose lilt Just bring his 2 l S trots per acrd and gives incentives towxnis ion back to center, All we're looking at here 3 reservl the trees but does not say that e. The applicant showed a site lan w hich 1 s P Y You mart seen before end£Just want to make sure that Prcame the trees, And In short that's our I andscape 6 the Commisstcmers we aware that the applicant Is 6 Ctsde. 7 dcrtnikly not married to that because the has art to go 7 uestion�.fhank RECHr= Thank you My other s to the City for platting,so the Commtssioncn should be 8 comments or a motion? Commiss£orten any 9 aware of that. That plan will def,nikly be changed 9 MR RAREL, Motion. 2'd like to move to 10 significantly with enginW ing rrquirenxnta and so ID recommend approval of 2.99-o51. I I forth. And, of course, the applicant also said 11 Ma.OoUAoirr second. 12 something about no trots would be removed and 1 find 12 MR 6NoELRAECHT: it's been moved and 13 that a dangerous statement to be said. And for any of 13 accorded to recommend approval. Any discussion on the 14 the CommiasimKrs to want to hold her to that because we 14 motion? IS have a Landscape Co& So I Just wanted to mrntton Is Ms.OOUME; I Just want to say bow 16 that, We do recommend approval and it Is again 16 fortunate all arc to St.14 behind I7 cunsistcnl with om 'gal IXnion Development plan, as well 17 f unAtt commend the lager lot philosophy yew backyards. Ice as our Potlelct and provth Man eg P P y right now' Thank r agcnkttt Surat tea and 19 draft Is you. i n land Ux Plan. t9 MA ENcELUECHT: Any other diseusson? in / r' 20 MR eNt7LLa : Ijus Ms t7ourdie. 20 that case,vote please. Motion carries unanlmoualy. \ 21 Ms.CiOL ADtt: I Just want to clarify,Mr. 21 We will move on then to Agenda Item No. 7, 22 Raincy wun't sure about his lot sin but you know the 22 to hold a public bearing and consider making a 23 roving In that ares Is SP-16 and hit home could be 21 recommendation to City Council conceming the woning 24 r%l1Y on a three-quarter of an acs or seta,but the N of.7 acres from Commercial to Central business 23 minimum would have boon sr•IS? 2S district. the property Is located on the north side of PLANNING k ZUNI NO AUGUST 25, 1999 33. Page 85 - Page 88 F, t AUG-19-99 THU 05151 AN e;01 ATTACHMENT 3 E NOTZCE �O.F PUBL rc HEAWNG 7•�8-051 , A:Vwt 25,11900,lob consider zoning fael north or Flyan an3d.40"she_ on the south side of EEl oaso Straef ands dlatrid t est ees �mefp on bs"d). The she is bounded by.the Estates of FFoms su(sPle) to the was{and the vwp dto Del Sur aubdrvisidn to the eat The (o the 12, 13, 14 and 15 out of the A. Gibson ��� legally dCounty. as as. T o purpose of the zoning thw*e Is to dews asi� (Abstract 498) to Denton Count', texas. 1hf 18,000 square feet. The °p ingh-tsm0y tubdMslon with a'minunum bt size of s9 property Is pre"nily MOArtg fw*wd with a concurrent voluntary annexation request (CRY Council v A consider both the anexalion and zoMV requests on October 10,1999,) The public hearing will start at 6:30 p.m. in the City Council Chambers or City Hall located at 215 E Md(kv�sy Street Denton, Tsxaa. iSscause you own property w$►r)n two hurldnd (200) Aret Of the subfect property. a ," ennJng and Zoning Canrmission would like to hoar how you feet about this qu _..be Wreo lnl aocountrretu atom to room Ms prJa to4l+e edats got tlio your opinhn to fn no ws P ea4e+Q•-(.?i41r ..,_ _,_ zoo� Y pro lb you from atterrdrng and cart alpat4,g to the ptrbfk heertng.) you may fax tt to the' number tocand at iha bottom,merit h fo the eddrea below,or crop N ox to person Planning and Development Department 221 N.Etas AT Denton,Texas 76201 Attn: Wayne Reed,Planner 11 1be zoning procea Includes two public, hearings designed to provide opportunldes for citizen nvotvament and comment Prior to the public hosftp, lendoomrs whtiin two hundred (200)feet cf the sub)ed property am notified N the zoning request by way of this notice. The first public hearing le , teid before tho Planning and 'Zoning Commisslon. The Commission Is Informed of the percent of responses In support and in oppoeh}on Sioond,the zonng pefWon k forwarded to the City Council for Mat action peovldlnp its CommicsFxt reoommende approvet Should the Commialon recommend denial, the petltiorlor may then appppeeaal the request b tl,e Chy Council. k owns» of mom than twenty (20)percent a the land eras wlW n two h unfired(200)feet of tM she submit wrMert opposi ion,then SIX out of seven votes of the Chy Council s» required to approve the zoning change. Thaaa forms aN used to afwlo1e the paantape of landowner oppoahiorr, Please circle one: -- re�wssf------.iJetrtra}•loYOgvett—... . Comments: Signature: � � •• j� '�' � � � M fi, Printed Name: s Mailing Addrea GT ' AUG 19 A. Telephone Number. _ 2&I.6of 8 PIANIANQ g o i t Physial Address of Pro LD, iileNT pettywftiJn200feet••�ae!(I��iL)Aa'[bA �� Ql7YOFO NTON, 7FJG45 CM 14LWEU • Dials+ TMM tetot • 040M480 • (P)MA not t.saoer�o•rr+btla.ebe• . 34 % t ; t FAIT 2J '93 011-;,SRI HI-TECFI ELECTPI ,IH.' P.1 NOTICE OF OPUBUC h Z"Zfio z•�-oe� The Planning and Zoning Commlaslon of ft Cly of Denton will hold a public P*ufftg on Wednesday, August 26; 1000, to consider zoning a 34.40 tae ells located on the south etde d Et Pasco Street and aPProx1mably No hundred (500) het north of Ryan Road district to Single-Mnpy 16 (SF-16) zoning dittdel (seo map on backside). The alto Is bounded by the Estates of Foratridge subdivision to the wont end the Monladto Del Sur subdivision b tow Bait. The pmparty 4 legacy deseft0d N Tracts 6, 7, S. 12, 13, 14 end 15 out of the A. QUM Survey (Abelred 406) in Denton County, Texas. The PurPoN d ttu zoning dur" is to devalop,a aingiadamity oubdMelon with a minimum tot size of 16,000 square feet. The propory is presently moving forward with a concurrent voluntary annexallon fequoal (Cfy Coune'1*;:I consider both the ansxallon and zoning requests on oclobor 10, 1000.) The public hearing will start at 6;30 p,m, In the Cfty Counci< Chambers of Coy Meg located at 215 E. M010MOY Sinai, Po--v, Texas. 8eeause You own propertY **hbr two hundred (200J " of the SublOd properly, the t7anning and Zoning Commission would I#*@ to hear how)nu lee/ ebouf Ws zonfrrg change request and k0os you to attend the pubikharfag. Piece,in order for your opinion to _Ontaksnintoaeecuns,alumtldsfoumw;tnYa+reonunentepriorlo4l• dat"the�rubik.ANf (T)rl,. In no way ProhAM$you f4gm Oftrd#ng end partidpafing br tM pul�C 0108".) You mey fox It to the ! number WOW at the bottom,metl It to the address below,or drop It off In-porson: Planning sad DwNopment Depertmont 221 N.Elm ST Denton,Texan 76201 Attn: Wayne Read,Plonnof11 The zoning process Includes two public harings dalgnod to provide opportualtles for dtizon Involvement and comment. Prior to tins public hasrings, landowners within two hundred (200) foal of the held bef�orepth eP anning and Zoning zoning request The commiutonn Is informed ykc hawing to rosponses In support ell in oppoww. Second,the zoning pound of final act on providing the Camm4efon rscommends a a le forwarded b the Goy CouneA for denial, oho pstitloner may then eppNi tM requeel b ill CiytCoundlblf 7ownao en twe(20)peroeM the land arN within two hundred (200)fast of the alb submn,then elx out d seven votes d the Cly Council am rsqulred to approve the zoning . 7rirse forma an used to ealeuiab the peroendge Olindowner opposition. Pletee eiroto one: �{�e{,aquest . . -Nsutrsl b request-•.. . _ .- . . . ._._. C ; 8lgneUun: C..-IL�. � Wr`E � II Printed Name: NLi1� Malting Address: _1551-1 FSm t L City,state tip: AUG 2 3 M Telephone Number Arlo-5 -Ae'1� ��._.__ A, , Physical Address ofProperywlthin200Not: 35 PLANNIKl3 6 f)EYELOP11ENi 1 r E CITY Of DRAWN, TEXAS CM HAt L war • OINTOK TUM tetot � 90.3444W • (F)es0,sla.tror iosoer W�'Noec�rse 35, r„ 1 f 69-23-99 14109 tnstitutionO Advancement lb%9498983877 P.91 NOTICE OF PUBLIC HEARING Z-99-051 The Planning and Zoning Commission of 04 C17y of Denton will hold a public hearing on Wednesday, August 25, 1999, to consider zoning a 34.40 acre she located on the south side of El Pasco Street and approxlmatsy five hundred (S00) feet ndth of Ryan Road distrld to Singlefamiy tB ($F-16) zoning district (see map on baduide). The site te bounded by the Palates of ForestAdge subdivision to the went and the Montecito Do!Sur subdhrialon b the easl The property Is legally described as Tracts 6, 7, N, 12, 13, 14 slid 15 out of the X Olbaon Survey (Abstract 496) h Denton County, Texas. The purpos+ �f the zoning change 1s to develop a singb hmiy subdivision with a minimum lot size of 18,000 square feel. Th e property Is presently movhg forward with a rAncurront voluntary annexation reQUSSt (City Council wll consider troth the anexallon and zoning requests on October 19, 1999.) � The public hearing will start at 5:30 pm in the City Council Chambers of City Nall located at 215 E. MdOnney Street, Denton, Texas. Because you own property within two hundred (200) Beet of the subfect property, the Planning and Zoning Commission would like to hear how you feet about this Zoning change request and inv>7es you to attend the public hosting. Please, in order for your opinion to M taken into aeoodnl retuat 4!>Ea ter t wllh S clv eormnis prier;oft dat6 of the public heating, (This In no way pmhfbils you from affendmg and participating in the public hearing.) You may fax It to the number located at the bottom, mall it to the address below,or drop h off in-person: i Planning and Development Departrnonl 221 N. Elm BT Demon,Texas 76201 Attn: Wayne Reed, Planner It The zoning process Includes two public hearings designed to provide opportunities for citizen involvement and comenent Prior to the public hearinga, landowners within two hundred (200) feet of the subject property are nollfled of tits zoning request by way of this notice, The first public hearing Is held before the Planning and Zoning Comim4sion. The Commtssbn is informed of the percent of responses in support and In opposition. Second,the Zoning petition Is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then a"t the request to the City Council. if owners of more than twenty (20)percent of the land area within two hundred(200)feet of the site submtt written opposition,then six out of seven votes of the City Council are required to approve the zoning Mange. These forms are used to ealculafe the percentage of 1"owner opposidon. Please eircie one: M favor rd rogoosl- Neutral to request O' 1p ruf(uVSt '-' Comments: Signature: Printed Name: l lilt '7 u b b f Malling Address: 4Lq CnKt:r lie P1. AUG 2 3 0 City,Stato 23p: - Aj &U l! 1(Q- Telephone Number. NA 131 LANNING & Q�VEl.O?fit h!T �� a , Physical Address of Property within 200 feet CITY OF DENTON, rW$ CITY HUL%T$t • D1:NttONJIL W 78101 • 640.340.0$00 • (F)640.34►.7707 t s0$osr 1pe!kax,ax 36 I FTjheP�I�ajnnlnng�and OTICE OF PUBLIC HEARN Z•99-051 Zoning Commission of thA City of Denton will hold a public hearing on Wednesday, August 25, 1999,to consider zoning a 34.40 acre site located on the south side of El Passo Street and approximately five hundred (500) feet north of Ryan Road district to Single-family 16 (SF-16) zoning district (see map on backside). The site Is bounded by the Estates of Forestrldge subdivision to the west and the Montecilo Del Sur subdivision to the east. The property is legally described as Tracts 6, 7, 8, 12, 13, 14 and 15 out of the A. Gibson SLrvey (Abstract 498) In Denton County, Texas. The purpose of the zoning change is to develop a single-family subdivision with a minimum lot size of 16,000 square feet The property is presently moving forward with a concurrent voluntary annexation request (City Council will consider both the snexatlon and zoning requesiss on Octc ber 19, 1919.) The public hearing will start at b : a.m. In the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. .'accuse you own property within two hundred (200) feet of the subject property, the Planning and Zoning Cornmisslon would like to hear how you tee/ about this zoning change request and Invftos you to offend the public hearing. Please, In order for your opinion to be taken into account, return this form with your oommonts prior to the date of the public hearing. (7his In no way prohibits you from attending and panklpating in the public hearing.) You may fax it to the number located al thn bottom,mail It to the address beV. N,or drop it off in-person: Planning and Development Department 221 N. Elm 8T Denton,Texas 76201 Attn: Wayne Read,Planner II The zoning process includes two public hearings designed to provide opportunities for citizen Involvement and continent, Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing Is held before the Planning and Zoning Commission. The Commission Is informed of the percent of responses in support and In opposition. Second,the zoning petition Is forwarded to the City Council for final action providing t1:9 Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council, if owners of more than twenty (20)percent of the land area within two hundred(200)feel of the site submit written opposition,then six out of seven votes of the City Council are required to approve the zoning change. Those forms are used to calculate the percentage of landowner opposition. Please circle one: In favor of request Neutral to request sod to request Comments: 0 •'1 F.tnted Name: `I D Mailing Address: D5 c k . AUG 2 31943 , City, State Zip: _'O 6rN{on —7102 Telephone Number. MO IL PLANNING & DEVELOPMENT Physical Address of Property within 200 feel S l CiTY OF DENTON, TEX,4S GTY HALL WEST • DENTON,TEXAS 7e20t • 940349,ab6o • (F)A40.319,7707 z•t±c�sr cpsr nrouc.dx 37. L I i i NOTICE PUBLIC HEARING Z•9"51 and Zoning Commission of th6 City of Denton will hold a public hearing on Wednesday, , 99,to consid er zoning a 34.40 acro site located on the south aide of El Paseo Street and approximately rwe hundred (500) feet north of Ryan Road district to Single-family 16 (SF-16) zoning district (see map on backside). The site is bounded by the Estates of Forestridge subdivision to the west and the Montecito Del Sur subdivision to the east. The property is legally'described as Tracts 6, 7, 8, 12, 13, 14 and 15 out of the A Gibson Survey (Abstract 498) In Denton County, Texas. The Purpose of the zoning change Is to develop a single-family subdivision with a minimum lot size of 18,000 square feet. The property Is presently moving forward with a ow;urrent voluntary annexation request (City Council will consider both the anexation and zoning requests on October 19, 1999.) The public hearing will start at 6:30 p.rrL in the City Council Chambers of City Hatt located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feel of the subject propedy, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invites you to attend the publk hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This In no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom, mail it to the address below,or drop it off in-person: i Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Wayne Reed, Planner II The zoning process Includes two public hearings designed to provide opportunities for citizen involvement and comment. Prior to the public hearings, landowners within two hundred (2D0) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing is held before the Planning and Zoning Commission. The Commission Is informed of the percent of responses In support and In opposition. Second, the zoning petition is forwarded to the City Council for final action providing the Commission rsoommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent or the land area within two hundred(200)feet of the site submit written opposition,then six out of seven votes of the City Council are required to approve the zoning change. These forma are used to calculate the percentage of landowner opposition. Pleas*circle one: fn favor of re ue Neutral to request Opposed to request • , Comments: Signature: �f 9 n P rE Printed Name: _ M ailing Address: <eln 62 L a 6 AUG 3 Q 1�9 City,State Zip: � T' L_� �i Telephone Number: — £>" — LAMMVMG 8 VEVEI,OPMEVT 1'- Physical Address of Property within 200 feel: CiTY OF DENTON, TEXAS CITY 144 wt=.ST - DEraroN,TExAs 7e2a1 . 94o.s49.esso - (F)94o.s49.770r Z-Kosf Loge Wks doc 38. Lt � c, f C Au Fd(<�sbs(IMdlll l S%tlt L1 Wu Y ATTACHMENT 4 t I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY PLACING A SINGLE- FAMILY 16(SF-16)ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 34.40 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF EL PASEO STREET AND APPROXIMATELY FIVE HUNDRED(500)FEET NORTH OF RYAN ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE(Z-99-051). i WHEREAS, on July 27, 1999,City Council received a report,held a discussion and then directed staff to proceed with voluntary annexation of the 34.40 acres of land described herein;at d WHEREAS, Beverly Stephens has applied to initially place a Single-Family 16 (SF-16 zoning district classification and use designation on 34.46 acres of land described herein;and WHEREAS, on August 25, 1999, the Planning and Zoning Commission recommended approval of the proposed Single-family 16(SF-16)zoning district;and WHEREAS,on October 19, 1999,the City of Denton voluntarily annexed 34.40 acres of land described by Ordinance ,which was made effective upon its passage; and WHEREAS,the City Council finds that the proposed zoning will be in compliance with the 1988 Denton Development Plan,the 1998 Denton Plan Policies,and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That the zoning district classification and use designation of the 34.40 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is hereby Single-family 16 (SF-16) zoning district classification and use designation unw'er the comprehensive zoning ordinance of the City of Denton,Texas. SECTION 2. That the City's official zoning map is amended to show the zoning district classification. SECTION 3. That any person violating any provision of this ordinance shall, upon conviction,be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. That this ordinance shall become effective fourteen(14)days from the date j of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle,a daily newspaper published in the City of Denton, Texas, within ten(10)days of the date of its passage. 39. G �I U I I i PASSED AND APPROVED this the_day of . 1949. JACK MILLER. MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY 40. Page 2 l I ICI i i EXHIBIT A 9 j Z-99-051 (SHADOW BROOK PLACE) 34.40 acres { All that certain lot, tract or parcel of land lying and being situated in the A. Gibson Survey, Abstract No. 498, Denton County, Texas, being the same tract of land described in a deed to Elmer Wayne Stephens et ux, dated 4-16-74, as recorded in Volume 706, Page 79 of the Deed Records of Denton County, Texas, being the same tract of land described in a deed to Bradley Stephens Trust, dated 4-1-98, as recorded under County Clerk's File No. 98-0041953 of the Real Property Records of Denton County, Texas, being the same (called) 10,433 acre tract of land described in a deed to Custom Designs, Inc., dated 4.12-99, as recorded under County Clerks File No. 99- 0037344 of the Real Property Records of Denton County, Texas, being the same (called)8.240 acre tract of land described in a deed to Brain Stephens Trust, dated 4-1- 98, as recorded under County Clerk's File No. 98-0041954 of the Real Property Records of Denton County, Texas, being the same (called) 4.291 acre tract of land described in a deed to Bradley Stephens Trust,dated 4.1-98, as recorded under County Cierk's File No. 98-0041955 of the Real Property Records of Oen'on County, Texas, and to Brain Stephens Trust, dated 4-1.98, as recorded under County Clerk's Fife No. 98-0041956 of the Real Property Records of Denton County, Texas, being more particularly described as follows; BEGINNING at the northwest corner of said Elmer Wayne Stephens tract, same being on the south right-of-way of El Paseo and the east line of Forrestridgo Addition, Section II, an addition to the City and County of Denton. Texas, according to the plat thereof recorded in Cabinet C, Page 12, of the Plat Records of Denton County, Texas, said point lying on the current city limits line as established by Ordinance No. 65.35; THENCE North 88° 24'40" East with the north line of said Elmer Wayne Stephens tract and the south right-of-way of El Paseo, same f ling the existing city limits line as established by said Ordinance No. 65-35, a distance of 363.44 feet to a point for corner; THENCE North 740 22' 04" East with the north line of said Elmer Wayne Stephens tract and the south right-of-way of El Paseo, same being the existing city timR$ line as established by said Ordinance No. 65-35, a distance of 12.48 feet to a point for comer at the northeast corner of said Elmer Wayne Stephens tract; THENCE South 14" 68' 40" East with an east line of said Eimer Wayne Stephens tract, a distance of 6.30 feet to a point for corner at the beginning of a curve to the right; THENCE with sald curve to the right, having a central angle of 9° 14' 08", a radius of 1534.02 feet, an are length of 247.27 feet, a chord which bears South 10' 27105* East a distance of 247.00 feet to a point for corner on the East line of sold Elmer Wayne Stephens tract; 2.99-051 LEGAL DESCRIPTION PAGE 7 OF 2 91. I EXHIBIT A r, Z-99-051 (SHADOW BROOK PLACE) 34.40 acres THENCE North 88" 45' 10" East, a distance of 591,10 feet to a point for corner on the east line of said Custom Designs, Inc„tract; THENCE South 09° 35'00*West with an east line of said Custom Designs, Inc., tract, a distance of 135.47 feet to a point for corner; THENCE South 390 07' 10"West with an east line of said Custom Designs, Inc., tract, a distance of 290.26 feet to a point for comer; THENCE South 26° 36' 00" East with an east line of said Custom Designs, Inc., tract, a distance of 268.00 feet to a point for corner, THENCE South with an east line of said Custom Designs, Inc., tract, a distance of ` 246.00 feet to a point for corner; THENCE South 09° 17'00"West with an east line of said Custom Designs, Inc., tract, a distance of 104.93 feet to a point for corner at the southeast corner of said Custom Designs, Inc., tract, same being the northeast corner of said 8.240 acre tract; THENCE South 09' 19' 00" West with an east line of said 8.240 acre tract, passing the southeast corner of said 8.240 acre tract and the northeast comer of said 4.291 acre tract, continuing a total distance of 436.80 feet to a point for comer at the northernmost southeast corner of said 4,291 acre tract; THENCE South 88° 49'00" West with a south line of said 4.291-acre tract, a distance of 726.00 feet to a point for corner; THENCE South 000 37' 00" West with an east line of said 4,291-acre tract,a distance of 62.60 feet to a point for corner at the southeast corner of said 4.291-acre tract; THENCE South 88° 48' 29" West with the south line of said 4,291 acts tract, a distance of 251.63 feet to a point for corner at the southwest comer of said 4.291 acre tract, same being on the east line of the Estates of Forrestridge, Section lil, an addition to the City and County of Denton, Texas, according to the plat thereof retarded In Cabinet K, Page 295 of the Plat Records of Denton County, Texas, said point also being on the existing city limits line as established by Ordinance No. 93-188; THENCE North 000 36' 55" West with the existing city limits line as established by said Ordinance No, 93-188, and as established by Ordinance No. 92-060 and Ordinance No. 88-001, a distance of 1828.60 feet to THE P NNT OF BEGINNING and containing in all 34.40 acres of land. ! A I Z-W05t LEGAL OESMPTiON PAGE 2 OF 2 i 42. t. AGENDA INFORMATION SHEET Date AGENDA DATE: November 16, 1999 DEPARTMENT: PIanning Department C11/DCM/ACM: David Hill, 349-8314 SUBJECT—Z-99-067 (The Preserve (amendment)) Hold a public hearing and consider amending the concept plan for Planned Development 132 (PD 132) zoning district. The request is to amend the definition of a "front yard" for single- family lots. The intent is to allow porches to extend into the front yard. The 428 acre property is Iocated to the north of Shady Shores Road and on the east side of Swisher Road. The Planning and 'Zoning Commission recommends denial (5-2). BACKGROUND ' Section 35-3 of Chapter 35 of the Code of Ordinances limits the height of structures in the"front yard," which is the area in front of the building line, to forty inches (3'4). This allows for a short fence or other lawn ornaments. It is a regulation that is aimed at maintaining open and unoccupied front yards that are unobstructed from a height of forty inches(40"): } Section 35-3.Defrnitions. Yard, front means an open, unoccupied space on a lot facing a street extending across the front of a lot between side lot lines and from the main building line as specified for the district in which it is located. The front yard shall not be obstructed from a point forty (40) inches above the general ground level by a fence or other object, except as provided for roof overhang or similar special architectural features or plant material, See Section 35.388 and 35-390 of this chapter. The applicant is requesting to amend the definition so as to allow porches on the front of single- family homes to extend five feet (5'-0") into the "front yard"(see Attachment I • Enclost're 2). This flexibility would allow "builders to develop front porch elevations on their homes that will add...a softer residential feel and break up the streetscape," according to the applicant. Staff has drafted wording that will achieve this request, while prohibiting other structures or obstructions in a front yard: Front Yard for Single-family Lots. Yard, front means an open, unoccupied space on a lot facing a street extending across the front of a lot between side lot lines and from the main building line. On all single-family lots, porches with structural support (columns) shall be allowed to extend into the front yard five feet (5'-0') and any associated roof overhang and/or t' similar special architectural feature shall be allowed to extend another three feet `l ` r (3'-0"). Outside of porches and their associated roof overhang and/or similar special architectural features, the front yard shall not be obstructed from a point forty-(%o inches(42") above the general ground level by a guardrail, fence or other object, except as provided for roof overhang or similar special architectural features or plant material 1. a The proposed definition prohibits any structure in the"front yard"from being higher than forty- two inches (42"). It ensures that any porch built in front of the building line is open, not enclosed. Everyone has an idea of what a "porch" is. However, it is necessary to define exactly what a "porch" is so that a porch, and only a porch, is allowed in the "front yard." The following definition of a "porch" and a "guardrail" are provided to give specific meaning to these two items: Porch. Porch means an open, unenclosed, unobstructed, and non-habitable space with structural supports (columns) attached to the front of a single-family dwelling facing a public street and used for a purpose customarily incidental to the main structure, not including those allowed in accessory buildings, in a residential district. Guardrail. Guardrail means a system of building components located along the open sides of a porch's elevated surface for the purpose of minimizing the possibility of an accidental fall from the elevated surface to the lower level. The words "non-habitable space' are used in the definition of a "porch" to clarify that it is not meant to be part of a dwelling unit. The 1997 Uniform Building Code defines a "habitable space" as being a dwelling unit. So, by stating that a "porch" is a "non-habitable space," it is clear that in no way is it intended to be part of the interior of a home: Rather it is to remain open, unenciosed, and unobstructed. This ensures that "porches" will be elements that enhance the appearance of homes in the Preserve and provide for an area in the front yard for residents to sit and engage their neighborhood. Moreover, the definitions provide flexibility for homebuilders and clear regulations for the City to regulate area regulations for yards, Eleven G1) property owners were notified of the zoning request. No response have been received. PRIOR ACTIONlRF VIEW The following is a chronology of Z-99-067,commonly known as The Preserve(amendment): Application Date- August 24, 1999 P&Z Dale - October 13, 1999 ESTIMATED PROJECT SCHEDULE: A detailed plan was approved for the first phase of the Preserve in November of 1999. The rr preliminary plat was approved for this area and the final plat will be approved in the near future, f As Work is currently being conducted on-site to install public utilities. Building permits can be obtained after the final plat is approved and is filed with Denton County. I 2. i I I n � c. FISCAL 1NfORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibiNty of the city. RECOMMENDATION The Planning and Zoning Commission recommends denial(5-2)of the zoning request. OPTIONS 1. Approve as submitted. 2. Approve with wnditions. 3. Deny. 4. Postpone consideration. 5. Table item. ATTACHMENTS 1. Planning and Zoning Commission Staff Report,October 13, 1999,Z-99-067. 2. Planning and Zoning Commission minutes from October l3, 1999. 3. Draft Ordinance. Respectfully submitted: Dou g Powili Director of Planning and Development Prep red by: Wayne !j cd Planner e A' p 0 3. j ales ATTACHMENT 1 AQend, PLANNING AND ZONING COMMISSION oaateda/A" /3- 1q STAFF REPORT Sublecl: The Preserve(amendment) Case Number: Z•99-067 ,4th: Wayne Reed, Planner II Agenda Date: October 13, 1999 PURPOSE Hold a public hearing and consider making a recommendation to the City Council concerning an amendment to the concept plan for Planned Development 132 (PD 132) zoning district. This is a 1 427.616 acre area that provides for a maximum buildoul of 1,706 dwelling units with a school site, public park and neighborhood service node (see Enclosure 1). The Intent is to amend the definition of a "front yard" for single-family lots to allow porches to extend beyond the existing 20 foot building line. '.T,'f,• T� ..r r r � �Y se rrry 'G a y 1 'M-4 •r :';is;',.. yy ;�,� 1 Brady Snore rt 3 I Corinth f r •� , �t� ✓ ,1 `t ..re Like Denae Y, LOCATION MAP Location: to the north of Shady Shores Road and the east side of Swisher Road I Size: 427.616 acres p: 'f tt.,,Ql t drr 4. I t � f Applicant: Marc Focift Owner: Marc Footlik Preserve Development I, LLC Preserve Development I, LLC 4000 West Windsor Drive 4000 West Windsor Drive Flower Mound, TX 75028 Flower Mound, TX 75028 PLJ�,�NED,b��/ELdP�EJ�IT�ZO.NLFff3 P�tOC�QO f`3� � ', a#',> Planned development zoning districts (PD) are Inten&-'to provide for the development of land as an Integral unit for single or mixed use In accordance., w , plan that may vary from the established regu'ations of other zoning districts for similar land uses. They are also meant to encourage flexible and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community, and to provide for a development that is superior to what could be accomplished In other zoning districts by meeting one or more of the following purposes: (1) Provides for the design of lots or building;Increased recreation, eoro ron or open space for private or public use; berms, greenbells, trees, shrubs or other landscaping features; parking areas, street design or access;or other development plans, amenities or features that would be of special benefit to the property users or community; (2) Protects or preserves topographical features, such as trees, creeks, pords, floodpiains, slopes or hills; or (3) Protects or preserves existing historical buildings, structures, features or places. There are three (3)types of plans that may be used In the planned development process; concept plan, development plan and detailed plan. GONCEp7"v This"fan{s InbeRded to be,lhe fi�gttee"pp(n tFr�Pb Pros latgdr long term deveiopmehts it abl shes thb (gertsral gliid�lirt�s, t'0 jlf, lagd Glt types, approxiniete thbroGghfe ga>4 ,fit the bot)rjdarie DEVELOPMENT PLAN• This plan Is Intended to be used most often as a second step In the PD process. It Includes the same Information that Is provided on the concept plan,plus details as to the specific land uses and their boundaries. DETAILED PLAN — This plan is the final step in the process and is required prior to any development, For smaller tracts or where final development plans are otherwise known prior to rezoning, the detailed Ian may be used to establish the district and be the required in the planned development process. !! eq red plan � P p ocess. h will contain Informations chic to the site. P pe All detailed plans should be in substantial compliance with landscape, sign, subdivision and other regulations of the Code of Ordinances. When concessions from these regulations are requested by j a developer, there needs to be corresponding benefits that merit deviation from those regulations. The proposed amendment does not require a new concept plan. Instead, a label with the definition for the revised 'front yard" will be attached to the approved concept plan, if the request is approved. 2 99 067 GZ stAY R�po,t 00C s 5. t ' I INWARVA The applicant Is requesting to allow porches to extend Into the front yard of single-family lots (see Enclosure 2). This flexibility will allow "builders to develop front porch elevations on their homes that will add...a softer residential feel and break up the streetscape," according to the applicant. The request comes before the Planning and Zoning Commission because Section 35-3 of the Zoning Ordinance restricts the height and type of structures allowed within front yards: Section 353.Oeflnitions. Yard, front means an open, unoccupied space on a lot facing a street ext,)nding across the front of a lot between side lot#fines and from the main building line as specified for the district in which It Is located. The front yard shall not be obstructed from a point forty (40) Inches above the general ground level by a fence or other object, except as provided for roof overhang or similar special ar&ltectural features or plant material. See Section 35.388 and 35-390 of this chapter. The request is to allow a porch to extend five feet (5'-0") beyond the building line on single-family residential lots. This will also benefit homeowners by not reducing the backyard area of the lots with front porches. If approved, the proposed request will not effect any other aspects of the approved Concept Plan (traffic, utilities, land use...), other than to allow porches to extend beyond the existing 20 foot building line. SUMMARY OF PR�NORM b�1iELOPIY� . '.,�,'c�' .✓.�;'"v rr� , - �� The Preserve provides for a mix of residential lot sizes and housing types with a neighborhood service node (see Enclosure 1). This 427.616 acre development Includes a maximum of 1,308 single-family lots, ranging from 4,000 to 10,000 square feet, and 400 multi-family units for a total 1.709 dwelling units. A detailed plan was approved for Tracts A, B,and G providing for a total of 452 single-family lots, 54 lots less than the 506 single-family lots allowed by the concept plan(see Enclosure 2). In the midst of these residences, there Is to be a 15 plus acre public school and public park site ,)n Tract D. The public park will be connected to a linear trail system, running along the eastern side of Lakeview Boulevard (see Enclosure 1). In the middle of the entire planned development,an 87,120 square foot retail center Is planned for the southwest corner of the to be intersection of Edwards Road and Lakeview Boulevard (see Enclosure 1), A community center Is will be located directly across the boulevard to serve the residents. The linear trail system will provide connectivity between all of these land uses. The daft Land Use Pian Identifies this planned development to be within an 'Neighborhood Center" area. The adopted Growth Management Strategy slates that these areas are 1e, be developed in an inwardly oriented manner with a focus upon the centers of the neighborhoods. The center would contain uses necessary to support the surrounding neighborhood Including retail uses such as convenience grocery, barbers, or small professional offices, higher density residential uses such as A, townhomes, park uses including central neighborhood "greens" and institutional uses such as fire f' stations, schools, libraries and transit nodes. The above mentioned con9guration of land uses Is consistent with the Intent of'Neighborhood Center"areas. 2 49 067 DI S10 Re.Mtdoc 6. F 1988 —The subject property was annexed Into the City of Denton. December of 1984— City Council adopted ordinances establishing Planned Development 88(PD 68) for SF-7 and estate lots on 17.1 acres and Planned Development 89 (PD 89) for a manufactured home park on 49.1 acres of property located at the southwest comer of Pockrus Page Road and Swisher Road. October of 1988—City Council approved a concept plan for 414.9 acres, Identifying the property as Planned Development 132 (PD 132)zoning district or commonly referred to as Southview. It included a combination of single-fam9y, muhl-family, community facility,school,general retail and open space (parks)land uses. August of 1989 —City Council approved an amendment to the configuration of the approved concept plan for PD 132 and a detailed plan for the first phase of the Southview development(see Attachment 3, Enclosures 12 and 13). The amendment to the concept plan was triggered by the realignment of Lakeview Bewlevard at the southern end of the didbict. In tum,thls required the acreage within Tracts 14, 16, 17, and 18 on the concept plan to be Increased and decreased, accordingly. This amendment was necessary to approve the detailed plan, which contains the above mentioned tracts. November of 1998—City Council rezone 16.1188 acres from Agriculture?(A)to Planned Development 132(PD 132), appro• ad an a new concept plan for PD 132 containing 427.616 acres, and approved a detailed plan containing 138 acres (see Enclosures 6). July of 1999 —A preliminary plat was approved for the entire 138 acre area described by the detailed plan along with two exaction variances. The developer Is currently working on tho final plats for the entire preliminary plat area, minus the public school and public par'- site. , .i' f Notice of the zontr,;t request was published In the Denton Reoord-Chronicle on October 3. 1990. Sloven (11)property owners were notified of the request on October 2, 1999(see Enclosure 6). As of this writing, there have been no responses i 99 061 PI start RePottdoc 7. t b .��� � w � • ° ,:•mss . Staff recommends approval of Z-99-067 as follows: Front Yard for Singledamlly Lots. Yard, front means an open, unoccupied space on a lot facing a street extending across the front of a lot between side lot linos and from the main building fine. On all single-family lots, porches with structural support(columns)shall be allowed to extend Into the front yard five feel(3'-0") and any associated roof overhang and/or similar special architectural feature shalt be allowed to extend another three feet(3'- 0"). Outside of porches and their associated roof overhang andlor similar special architectural features, the front yard shall not be obstructed from a point forty-two Inches (42")above the general ground level by a guardrail, fence or other object, except as provided for roof overhang or slmfer special architectural features or plant material. Porch. Porch means an open, unenclosed, unobstructed, and non-habitable space with structural supports (columns)atracN d to the front of a single-family dwelling facing a public street and used for a pt ncsu customarily incidental to the main structure, not Including those allowed In accessory buildings, in a residential district. Guardrail. Guardra#means a system of building components located along the opon sldes of a porch's elevated surface for tho purpose of minimizing the possibility of an accidental fall from the elevated surface to the lower level. MOTION I move to recommend approval of Z-99-067 as follows: Front Yard for Single-family Lots. Yanf, front means an open, unoccupied space on a lot facing a street extending across the front of a lot between side lot lines and from the main building line. On all single-family lots, porches with structural support (columns) shall be allowed to extend into the front yard five feet (5'-0")and any associated roof overhang and/or f similar special architectural feature shall be allowed to extend another three feet(3'- 0"). Outside of porches and their associated roof overhang and/or similar special architectural features, the front yard shall not be obstructed from a point forty-two Inches (42") above the general ground level by a guardrail, fence or other object, except as provided for roof overhang or similar special architectural features or plant material, r j 2 99{16 7 C2 5t al Rerxt.drx i 8. i i I Porch. f Porch means an open, unendosed, unobstructed, and non-habitable apace with structural supports (columns)attached to the front of a alrrgls•famihr dweliing fadng a public street and used for a purpose customarily Incidental to the main structure, not including those allowed In accessory butldings,in a residential district. Guardrail. Guardrail means a system of building components located along the open sides of a porch's elevated surface for the purpose of minlmizing the possibility of an accidental fall from the elevated surface to the lower level 41 w , 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial 4. Postpone consideration. 5. Table item. 1. Concept Plan. 2. Vkinity Map. 3. Zoning Map. 4, 200'-500' Notifice6on Map. I 2.99 067 P2 St&I Rem ptox 9, ENCLOSURE 1 /• $ 1}�dIDOfT1Al . f nos OuLOTinu� R!i RFIIDINTUII/ .00 r. p L ' r JR. •r� r 1 -'---eRarrra r 11 - -} e rTi Imo.. o u140T1AL I y 1 } 0 i L.w � RpI0lknAl I , 1 Q L © li W rV YYYrO.YY YY� I....•.�r rw..Y., r rrr�rrrr r.�.••r r R[IiDSLT/M r• r ! 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YHE PRESERVE lo• �� I A E DINYOK MAS R i tai � I r 4 pmmc r � r_W rnw fi �i i 1 ' I II rn tr In nmw �ii I I f "r ore to MM NI IVIIM 11' � , � win.- ` , IMY W In,. r•w W�n w Q•`� � i+�1 +' � ��' euloenTU� rat :rouunierirs , .1f I THE PRE,43ERVE if I j Dc+T01 TEAS 11. ir I I. .I I I f � ��( rl� 7 Iw�I ( rf�u S($�,r 4��,SY'P'lr T � •1. a,,dt.5 af� 3�11t J`� � r���•�1 '�.'Y%i � f. f f�,• i � �r /�- / .;. + iZ1 s� r ��.f.�1}Y ti, � rM� 14i})TR��+.., L~~t• �.11'��'R. `-'tr' ; s} r�� ' ' ��.�: `1`a: A�w';" f '�:}� ,tj\• n { f".• l A, 1,y;r .'�Yt�• i++�{ Yt �' ` j Nj am �, / •��� r }I{{" � S C�.��Pw' 1 � I / • Ir ♦S�M '� {t JAS ' r �� ' . rrrr rr•+rrr...r.. � •h} }il' 1 �t ef�10� ��r „� ♦ M'1,� ;\ i�r'��r��•�irtiiNrw•..r .'fir^ �+ i ,t >• � 3rt+'s1t k s..,°J,c� M '* ,���� k.•>}, r?`1! i. Y S ��`.1'4 i � �•?t`Y ."."rC�_..."�Y..r.... r.� �•� 'Dr QQ}}���'CS 1 5i N •'�n'1 i\ 1�yrSv •.L•��rrr.l•a. r v, 1� ��4 Two° t 1•>1 i` � �4.�yiM1i �;����I .Y:wa rwa I. fy y fy' R't'S �I,s.� ��• �'Y. :t '� .. YtYa�`j�_.�...r• (�Q Ta r .1 fir•` r w r Ira w r r AAr♦ r •1. a.• •a•t r •J .� • .• NA1 M INM •a1•• .Yl N MM A• Y •N/. J,. A, r•rrY .Y Y . Y 1 Y r•I Y.• YY = 0.•Y • • • I • Y Y •• `\ I • Y a.rl ••Y i • �r i Y • Y • .• rlrM• Y11 � • Y 1 Y •YMW YNY i � i i • Y 1 YY r.4 Y • •• ♦ Y • Y 1• I � t •' '. 1" ' I ! Y �� C«"awl i i r� � 4 � I�r In �� �• ..' r 11.•rr • • • • • r _ •r ,r CONCEPT PLAN s�T 111 THE PRESERVE a j ENCLOSURE 2 2.99-067 (The Preserve) NORTH a z, The Preserve , VICINITY MAP I i Agenda Date: October 13, 199 Bala: None 13. t l+ ENCLOSURE 3 NORTH Z•99-067 The Preserve) w 1! 1- ThA��AServe . 0 r ZONING MAP I Agenda Date: October 13, 499 Scale: None i r� t f ENCLOSURE 4 Z-99-067 The Preserve) NORTH Limit of 200'Notica E � I 1 Limit of 600'Notice a ' m l- The Preserve i ! 1� 200.500 FOOT NOTICE MAP 200'Legal Notces sent via Certified Mail: u 500' Courtesy Notices sent via 1*' Class Mail: Q Number of responses to 200' Legal Notice • In Opposition: Q • In Favor:Q • Neutral: Q ' 1,n �. Percent of land within 200' Irr opposition: 0 % Agenda Date: October 13, 199 Scale: None is. i Planning and zoning Commission ATTACHMENT 2 October 13, 1999 Page 4 of 5 Motion card 997.0, 13. Continue a public hearing to consider making a recommendation to City Council concerning the rezoning of approximately 48 acres of land from Agricultural(A)zoning classification to a Planned Development(PD)zoning classification allowing the development of 280 single-family residences. The property Is located in east Denton, south of McKinney Street, approximately 3,000 feet east of its Intersection with Trinity Road. (2.99-072, Lakeview Ranch,Wayne Reed) Motion by Rudy Moreno and seconded by Salty Rishel to continue to next week. 'Discussion of item is Included in Court Reporter's transcript attached to this set of mi,rutes (Page 185). Motion carries 7-1 14. Hold a public hearing and consider making a recommendation to the City Council conceming amending the concept plan for Planned Development 132(PD-132)zoning district. The request Is to amend the definition of a*front yard'for single-family lots to allow porches to extend Into the front yard. The 427.816 acre tract Is located to the north of Shady Shores Road and on the east side of Swisher Road. (Z-99-087, PD 132 Preserve, Wayne Reed) Motion by Salty Rishel and seconded by Carl Williams to recommend dental to Coy Council, 'Discussion of Item is included In Court Repodeds transcript attached to this set of minutes (Page 282). Motion car as 6.2. (Ji E elbr McNelll opposedl 15, Hold a public hearing and consider making a recommendation to the Clty Council concerning the amendment to Section 1(8)of Ordinance 96.187 for 0.456 acres. The property Is generally located at 2446 Lillian Miller Parkway just south of 1-35E. The proposal is to remove the 15 foot bufferyard from the southern property one. (Z-99-07i- 2448 Lillian Miller Parkway, Charles R. Fenner) Motion by Susan Apple and seconded by Carl Williams to continue to next regularly scheduled meeting. 'Discussion of Rem Is hcluded In Court Reporter's transcript attached to this set of minutes (Page 271). Motion carries M, 16. Hold a public hearing and consider making a recommendation to the City Council concerning the Rezoning of approximately 1.3 acres from a One-family Dwelling (SF-7) zoning district to a General Retail(GR)zoning disiricl. The property is located on the South Side of Sherman between Elm and Bolivar. The purpose of the zoning change Is to allow for possible future redevelopment, (Z-99-074,Asbury United Methodist,Thomas r, S.Gray) Motion by Salty Rishet and seconded by Jim Engelbrecht to recommend approval with conditions to City Council. 'Discussion of item Is Included In Court Reporter's transcript attached to We set of minutes (Page 272). 16. Conde:neeltt" Page 261 Page 263 I material,wLcn it comes to It It looks like wood is twice I Preservt is wanting to put porches on the fra,t of the s 2 to ohm times as expensive as wood. It's not a••wasn't 2 buildings within the Pro wt refer to as 132. Staff would 3 an issue to us then If somebody said it's going to be 3 just like to say that wbacks are a community standard 4 Wood,look like wood,it needs to be real wood. And 4 and when we have a PD like this of some 427 acres,if the S that's fine. We could care lm. But our main concern S developer is asking to have the ability to plea a porch I 6 was houses today are normally built at a higher standard 6 within the front yard,it becomes it consistent standard 7 but we wanted to r dke sure that the threshold was at least 7 within this community. So staff Is in support of such a 8 75 percent solid material and not wood. 8 request. 9 MA.ENGELBRECRT: 1 unders'rnd, 9 And in drawing tip the definitions of what 10 MS,APrLE: Now I'm confused bxause I thought 10 we're permitting,l sat down with Jim Stiegleman from the I I they said 7S percent brick and the other 25 percent could I I building Inspections department to ensure that the 12 be oementicious materi al and I just heard him say 75 of 12 terminology I was using was terminology that they could 13 the cementicious material. 13 use in enforcing this. And to many of the words that we 14 MR.AEICHHART: 73 percent masonry and the 14 use In here such as"habitable space"is directly out of 15 remaining 25 percent could be oementiclous fake wood or IS the Building Code so it's not just a feel govt,sound goad 16 wood. If you're replecing••in the eaves of your house, 16 approach but one that can definitely find reference to 17 which you typically would have wood,it's either wood or t7 what they enforce. So with all of that said, staff I8 cemcnticious material. But the rest of it is going to be 18 recommends opproval. We define a front yard for single. 19 brick or stone. l9 family lots,what a porch means,and what a guardrail 20 MS.APPLE; I'm sorry,Larry. That part I M means, if you have any questions,I'd be happy to answer 21 and Tstand,but I hoard somebody down there say cne thing 21 them. 22 and then I heard him say something else and I just wanted 22 MR.ENOELBREcHT: MS.Gourdie, 23 it clarified. 75 masonry. 23 MS,mumm could you please define 24 MR.REICHIUFLT: Correct. 24 "accessory building"for Inc? 25 MR.EN'GELBRECHi: Given that we passed this 25 MR REED Yes. An accessary building is one Page 262 Page 264 1 once and it went to Council and they made this change, which is used •- which has an incidental use to the 2 might I propose a friendly amendment that wt simply 2 primary structure which Is,for a single-family lot,the 3 recommend that the exterior match Wheeler Ridge? 3 dwelling unit. It can be used for things not related to a 4 MR.R15HEl.: w4wcler Ridge. I would accept 4 business such u storage,a garage,a preenhouse not for S that as a friendly motion. 5 business,and other type rf uses. list is in accessory 6 MR W1LUkMS: second. 6 building and it's defined by our Chapter 35 of the Zoning 7 SIR, ENG6LBRECIrt: All right. G there any 7 Ordinance. Would you like a better definition or a more 8 other discussion? In that case,vote,please. Mr. 8 lengthy definition? 9 Risbel,Drs,Apple,I'm waiting for a vote. Motion caries 9 Ms.t0WRDIE: I'm just trying to put this into 4137makleng 0 una ' "sly, Thank you. IO a visual, Okay. So not including those allowed in We have continued Items 12 and , c' 1 11 accessory buildings in a residential district, Okay. mov onto Item 14,fold a public hearing and consider 12 Anyone else have questic is? I'll think about this. a recommendation to City Council concerning 13 MIL M0aEN0 1s a carp•bt an accessory amending the concept plan of PDIII T11e request is l0 4 building? S amend the definition or a"front yard"for single-family 15 MR r,EED: Yes,it Is. 6 lots w allow porches to extend into the front yard The 16 613L ENOELBREcim Airy other questions? If 17 427-plus acre tract is located to the noifi of Shady 17 not,is the petitioner or petitioner's representative I8 Shores Road and the east side of Swisher Road At this 18 present? i r 19 time I'll open the public hearing and ask Mr.Rand to 19 MR.wit LIAM& 140 have a qucsliDn, 20 provide us with the staff report. 20 MR ENGELDKEMK ON yes,Mr.Willisms. f 1 / 21 MR.REED: ibank you,Chairman Engelbrech4 21 MR WILLIAMS: 1 guess being frutn Fat Texas I 22 and Rood morning,Commissioner. I'm passing around the 22 know what a porch looks like and from what Ms.Oourdie 23 one response that staff has received to-date as a neutral 23 just defined,that was a place to put stuff. How vide is 24 indication from a municipal entity. Now,I'm going to 24 a front porch? ZS make this shot. We're talking about porches. The 23 MR REED itley're requesting Just five fat. PLANNINO AND ZONTNO OCfO$ER 13, 1999 Page 261 -Page 264 17 , L a I CondensehTm Page 26S Ppgm 267 I MR ViLt3AMS: rive res wide? No,how wide? 2 bear leers the pairioors okay. b the pet3tk oar 2 MIL REED: Wide,them is no timit on that 3 prom t or paitiooa's representative 1 mink merm are 3 So on some they could make it the entire length of the 7 at least sock qucatkras If you don't beve a pt taties. 4 home unless them's a garage, or ce'.ev. Otherwlt0.it 4 V you would,give us your acme and business addrar for !�! 3 could I-tst be a shorter span. 5 the record. i 6 MR WSLLIAW. All r0L 6 km acnrart'sl Ryan O'Coanar,4000 Wat 7 MR wonilhRrMi Let's be clear about one 7 Windsor D rive,Flower Moun4 75028. Everything bas pmtty 8 thing though,Wayne. They can only extend•• 8 much been addressed its kartg"it's clear with everybody 9 MIL wtLttAMs: chat's not a front porch then. 9 what exactly we arc gA"spier. 1 bane this pkwm I 10 'that's a patio. 10 was Just hoping I could Just share to simplify IL So 1I MR.ENGELRRECHT: They can Only :tea•I five 1 I press dy today a house with a porcb is dill right hat; 12 fact beyond the building line with the porch but the porch 12 the trilddic one. And the ream why we'd Mm to able to I S could be, in fact,deeper because It could go behind the 13 extend the porch Into the 20-foot setback is because one 14 building line. 14 of the main things is tlae rear yard. People are arrold to is MR REEM.. Tout is Correct. is put•-a bome buyer,after toWna to bueebw1dus,95 16 MR IENGELBRECHT: And that would allow for a 16 present or look buyer••that's on approx!mate oumber,1 eb t f 17 reserve the fl a that number to be incarec', will 17 porch Isrge enough to be used as a arport• I B MR MORENa.. 1 didn't hear what you sold, Mr. I8 choose to have a bW rear yard and no front porch. So 19 ErgclbrechL 19 for the$seekI of ibis community w bare bat foe-foot 20 MR ENOELeRECHT: oh,I'm sorry. 20 variance into the front will allow us to have pembes and 21 MR DONAIDSON: If you wanted a porch that was 2l keep the rear yard large. And tbat's wbat We're ITYIN to 22 eight fat dap,you would have to have your habitable 21 id at. TMt's be look we're trying to to for Just to 23 space 23 fat setback from the front property line in 23 everyone knows what we're doing. D dat any quics6mt? 24 order to aaommodate IL 24 MR LVoLLsRECHT; quesdons7 25 MR.RISHEL' sash tally change the setback. 25 MR WILL ANs. I$till have the same Page 266 Page 21 1 MR.DONAtDSON: No,tot for habitable spas. 1 questions. What Is the width or the front porch? 2 We'd simply allow porches to extend into the TNUIred 2 MR o'CONNER: Pm®etatly,it could be the 3 front yard five feet. 3 width or the horse. 4 MR REED: At prc."t in the front yard we say 4 MR WILLIAMS: Thank you. 3 that nothing over 40 incites,which I$attached to the 5 MR ENOELERECHT; Other questions? Okay. 6 ground,can be located. So you can have a traditional 6 Thank you,sir• is there anyone pm"t who would like to 7 picket fence,let's say. What we're saying here Ir In 7 speak in favor or this petition? Anyone present to speak 8 addition to that type of structure,an open,unobstructed. 8 in favor or the petition? Ice them anyone pruoent N all? 9 tmscreened,unenclowd,uninhabitable or non•h abitAble 9 i.q them anyone present who would like to speak In 10 specs which is a traditional porch area Is allowed,ss 10 opposition? Anyone pmaent to speak In opposition? I I well,Just for five fat. I1 Seeing no opposition,we'll waive the rebuttal period. 12 MR suait! 1 think to save some time hem 12 The public heuin> I,closed. md,Commbsionas,any 13 because it's late,is there any reason why We Couldn't gay I3 final questions for staff,any mmarks,or a mason? 14 thit in this porch no vehicles would be allowed to be 14 MR RISHEG A,,Wion. IS parkeJ7 Is MIL MeLDRECHT. Mr.Rlshel. 16 MR REED. Thai's farce, 16.4 MR R1SHEU I Know to reeotnnend denial of 17 MR such: wouldn't that solve your problem? 17 Z• 067. I6 MR WILW.MS: it wouldn't solve my problent. IS MR trILL1AMS: second. ! 19 My problem is 1 want w we a rront parch and not anything 19 MR ENOELBRECHT; It's been moved and seconded c 20 else. And so,themrom,thcm's going to be s limit to 20 to recommend denial• DLW.IWon7 11100 b soy 1 don't 21 the width or the parch artJ that will Stop all the Call god 21 totally urAerstat,d this. I really thought this was a god 22 everything else if it's a rroni porch. Now,if it's It 22 Idea. These houses will all be built right at the 23 patio then we're talking about a whole different another 24 to ixaxk up the fronts with a rilas a possibility iaii Nb that Wall 24 something that's not here. 25 MR ENOELsREcwn okay. Are y'all rady to 23 front yard ores winch was already 20 fat PLANNING AND ZONING OCTOBER 13r 1999 Page 263 -Page 168 18 . I it I �> I Condeneolt"` Page 269 Page 271 1 MIL MCNEILL why are you recommending that? 1 has to be a minimum or 20 fat back Morcoves,the 2 MR-ENOFLBRECHT: I don't UrdeMand. 2 definition ttal's In here,and I'm lorry if 1 didn't m4e o 3 MIL RISHEU I think the simple solution Is to 3 It clear enough,could not extend over a driveway to 4 push the house back by five foot and you can have any 4 accommodate an extended cover rae a car or a truck, S elevation you want on the house and still make them change S MR.wsHEu And IS years from now when they 6 up, So I sec it as a direct conflict with what we've told 6 decide to close In the garage for some mum and make it 7 our people we were going to amblish In this district u 7 Into a roost,then It's a different dtuati,m, So It makes 8 a setback. So that's my conflict with it, 8 me think even more I'm opposed to this. 9 MR MLLIAMS: My problem with this IY,heing 9 MIL ENOELBRECHT: okay, Any other discussion to somebody from east Tex a+,the City's definition of a poroh 10 on this motion? In that case,Yote,please, The motion I I is not adequate for a pon•h. Som4thing that's out there I I was to deny. A vote ror yes is a vote to deny, Motion 12 that extends all the way to left of a house Is not a 12 carries five to two. I S porch,It's something c w. 1 don't know what it is but 13 MR.ENG£LBRECHT: No, 400 hiia, 14 It's not a pore: 1 M0.MCNEUr No. I S sets #j PLE: My problem with It is the lame 14 I S Ili o 16 Commissioner Rishel's. h think if we establish a building 16 15. lttm 1S Is to hold a public hearing and m.older 17 1Ine that that ought ki b,,the building line and I think 17 making a recommendation to City Council ecoceming the 16 that they caw accommodate a porch in the floor plan. You I I amendment to Section l(g)of Ordinance 96.187 for 0 436 19 know,put it on a room that's smaller or whatever,you 19 acres. The property Is Sono ally located at at 2446 20 could still accomplish it. 20 r,lllion Miller Parkway. The proposal Is to remove the 21 MR. IUSHEL Another altcrr:a!ive is if yrou 21 IS-foot bufferyard from the southern property line, At 22 want to have a porch out there,you could cantilever yoar 22 tMt lima I'll open the public hearing and entertain a 23 root structure and still create a parole out there and come 23 motion to continue to our neat repvlarly scheduled,which 24 within that area without making It look like it's part of 24 will be two weeks,regularly scheduled mating date. 23 the house moved forward by having columns on it. So 23 MS.APPLEr so moved. Page 270 Page 272 I there's Iota or ways to elrcumlvnt what we've already I MR,w7LLUMS: accord, 2 established there. 2 aLK PrrOELtIRP-GHTt atcwed and seconded to 3 MR. ENGEtBREcHT: Yes,hit.Moreno. 3 extend. Any discu.&O 4 MR.MGRLNO+ 1 m assuming you could still have 4 auL MOR" why couldn't we fit It In on rat S s porch and your trade-off would be a smaller backyard. S wick's schedule? 6 is that what I heard? 6 MR ErGELSMCHT: Tbey bad requested the 7 MR.DONALMON: Correct, 7 continuance, It's their requa4 not ours. Vow, 8 Ms APPI E: Or a different configuration. I please. Motion cirri"unanirmusly, 9 MR,MOWN-0 I man,the opportunity still exists 9 AN right. That will rnme us to flan 16, l 10 to break up the fronts of loch home or along the sumt. 10 bold a public bearing and consider raking a car ommendation I l MS.APPLE: Sure, I I to the City Council concerning the raoning of 12 MR. ENGELBRECHT Well, I don't mean to drag 1, approxiwtely 1.3 acrd from a owfaml;-.P•r dwelling 13 all this out,but I've got to ask now, Waal Is the setback 13 wring district to Oct* I Retall. The property is 14 on this? Was it 20 fat? 20 feet, And basically we're N located on the soudr side of Shaman Drive between Elm and is asking for I S so-- IS Bolivar. The purpose of me wnina cbarge Is to allow for 16 Mil.RISHEL By the time you park a car In the 16 pasible future redevelopment. At this time I'll open de 17 driveway or a big pickup truck,you're sticking over the 17 public hearing and ask Mr.Gray to provide w with 6: 18 sldewalk, 18 Itafrreport i 19 MR.DONAI.DSGN: No. The porch couldn't be In 19 Mx oMr, rbank you and goad moming. 7 will A, � 20 the front of the garage, 20 try to make this as quick as gee some q pasfbksowecu 21 MR.REED. Tie garage also —a garage door 21 sleep, First thing 1 want to point out Is due on a gtiteb 22 has to •• 22 lift the copier,for some reason page 6 of year tuff 23 MR RISHELi Ir it's the length of the house, 23 lapses probably did sec get eopted, I have utro coplos 24 II could. 24 bere that I will pass out Just M case you don't have k 2S MR.REED: The guaae door,any garage door 2S Some people apparently have It and some people don's,but PLANNING AND ZONING OCTOBER 13a 1999 19, Page 269•Page 272 IL III t I KN WL VOLI�IWmpp,y�ld.GM.di.�•W4"?M ATTACHMENT 3 I� 1 ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF DENfON,TEXAS, PROVIDING FOR AN AMENDMENT TO THE AREA REGULATIONS AS THEY PERTAIN TO THE DEFINITION OF A"FRONT YARD"OF ORDINANCE 98.394 WHICH APPROVED AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 132 (PD 132)ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 427.616 ACRES OF LAND LOCATED TO THE NORTH OF SHADY SHORES ROAD AND THE EAST SIDE OF SWISHER ROAD;PROVIDING FOR A SAVINGS CLAUSE;PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE.(Z-99-067) WHEREAS Marc Footlik, nn behalf of the Preserve at pecan Creek Partners, Ltd., has applied to amend the definition of a front yard to allow porches beyond the buiiaing line for single- family lots in Planned Development 132 (PD 132)zoning district; and WHEREAS, on October 13, 1999, the Planning and Zoning Commission recommended denial ofthe requested change in the definition of"front yard"so to approve the amended definition required a super majority vote of the City COl'ncil;and WHEREAS, the City Council finds that an amendment to the area regulations as they pertain to the definition of a "front ya'd" fir single-family lots will be consistent with the 1988 Denton Development Plan,the 108 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan;NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 5ECTION 1. That the area regulations as they pertain to a"front yard" as establi,'ted by Ordinance 98.394, which adopted an amended concept plan for 427.616 acres within Planned Dcv elopment 132 (PD 132)zoning district classification and use designation,described in the legal description attached hereto and incorporated herein as Exhibit A are amended under the comprehensive zoning ordinance of the City of Denton,Texas, as follows: Front Yard for Single-family Lots. Yard,front means an open,unoccupied space on a lot facing a street extending across the front of a lot between side lot lines and from the main building line. On all single-family lots, porches with structural support (columns) shall be allowed to extend into the front yard five feet(S'-0') and any associated roof overhang and/or , similar special architectural feature shall be allowed to extend another three feet(3'- A 0"). Outside of porches and their associated roof overhang and/or similar special architectural features,the front yard shall not be obstrreted from a point forty-two inches (42") above t�a general ground level by a guardrail, fence or other object, except as provided for roof r verhang or similar special architectural features or plant material. I 20. i IV I �-ivawiwmnukaae..�oa..,,,.a.wre" 4 Porch. Porch means an open, unenclosed, unobstructed, and non-habitable space with structural supports(columns)attached to the front of a single-family dwelling facing a public street and used for a purpose customarily incidental to the main structure, not including those allowed in accessory buildings,in a residential district. Guardrail. Guardrail means a system of building components located along the open sides of a porch's elevated surface for the purpose of minimizing the possibility of an accidental fall from the elevated surface to the lower level. SECTION 2. That the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance 98.394,but all provisions of Ordinance 98.394 as they apply to the remaining portion of Planned Development 132 (PD 132)zoning distrct land use regulatiomt not herein amended,shall continue in full force and effect, SECTION 3. That a copy of this ordinance shall be attached to Ordinance 98.394 sho%ing the amendments herein approved. SECTION 4. That any person violating any provision of this ordinance shall, upon conviction,be Lned a sum not exceeding 52,000.00. Each day that a provision of this ordinance Is violated shall constitu'e a separate and distinct offense. SECTIONS. That if any section, subsection,paragraph,sentence,clause,phrase, word, or provisions of this ordinance shall be adjudged Invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or part or provisions hereof,other than the pan so decided to be invalid or unconstitutional,and the City Council of the City of Denton,Texas hereby declares it would have enacted such remaining portions despite any such validity, SECTION 6. That this ordinance shall become effective fourteen (14) days from the date of its passage,and the City Secretary is hereby directed to cause the caption of this ordinance to be published hvice in the Denton Record-Chronicle,a daily newspaper published in the City of Denton, Texas,within ten(10)days of the date of its passage. PASSED AND APPROVED this the day of . 1999. JACK MILLER,MAYOR r A 21. Page 2 U �iaia ww�maoruxw n...va,�r.wywr,r, ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L.PR UTY,CITY TTORNEY BY; I ? '%r4'; O 22 . Page 3 t� i r EXHIBIT A (PAGE t OF 3) LEGAL DESCRIPTION ` BEING a 427.616 acre tract of land In the 0, walker Survey, Abstract No. 1330 and the W. I 1 Durnam Survey, ADWWI No. 330 situated In the City of Oenton, Denton County, Texas and the Extra-lerrit0r11 Jurisdiction of Denton County Texas. said tractl being conveyed to faro to Ltd. by deed recorded In Denton County Clark•$ kilt No. 97-ROO57731; BEGINNING at a Coint found at the intersection Of the North right-of-way line of the N.K. T, Railroad (100' ROW) and the East I At 01 a tract COnvayed to Patrick 0. O'Brien and J. Steven Rogers by deed reCOrato in V01Ume 934• Pape 146 of the Deed Records 01 Denton County. Texas; THENCE N00014'05-w along the East line of said O'Brien//Rogers tract, 1586.69 left t0 a point, laid point being an the South right-of-way line of Packrus-Pape Road (50' AOw); THENCE S89'55'13'E Along the South right-of-way line of sold Pockrus-Page Road. 1077.93 feet to a 001At; THENCE N89'3B'3B'E along the South right-of-way line of said Pockrus-Page Raid, 296.73 feet to a ;01nt; qq onEthe Soutn311na£ofla fact of land conveyedttorJay APowell 15t],72 flat in Volume Page 921 01 the Deed Records of Denton County, Texas; THENCE N89'53'06'E, 680,36 feat to a point: THENCE NB9'51'38'E, 975.20 feet to a point found for the Southeast corner of a tract Conveys: l0 Bob and Beverly Cook by died recorded In 04ntOn County Clerk's Fit! No, 93.140053971; THENCE NOO'34'14'E, 320,09 feet to a point; THENCE NO 1154,if 1w, 34,11 feet to a point; THENCE N00'I1 '49'w. MAO feet to a point; THENCE N00'02'46'W, 346.64 feet t0 a point found for the Northeast corntc• of 1 tract of lama conveMed to Johnny and Lynda McCormick by deed recorded in Volume 3238, Page 587 of the Deed Petard! Of Oenton County, Texas; THENCE S89 *48'51'W along the North line of told McCormick tract, 1632.50 feel to a po1n;; THENCE S85408'53'w, 4,99 (Ott to a point found for the Northwest corner fta tract conveyed Record Johnny and County McCormick by raid retarded in Volume 198. East 90pht-of-weyllime of said Swlsner Road; THENCE NOO'57'09'E along the East rt9ht-of-way line of said Swisher flood, 283.10 felt to a point, said point being the Southwest Corner of a tract Conveyed to La.Nana Leltherwood by document recorded in 0enton County Clark's File No. 96-A30681.211 of the Deed Records of Denton County. Texas; THENCE N66'2i'O3'E, 271.89 feet to a point; THENCE N85111'521E, 526,69 feet to a point; THENCE Nag'51• 1S.E, 150.03 feet to a point; THENCE N89'5i•521, 704.84 feet to a point, told ppoint being found fall the Southeast corner Of A tract Of tend conveyed to Milton Aobert JacoOI and Lynn S, Willard by deeds recorded fn Volume 1310, Page 110 and Volume 1330, Page 327 of the Ceed Reeoras of Denton County, Texas; THENCE NOO'02'46'W. 31.62 feet t0 a point; THENCE N00'OB'14'w, 374,26 feet to a point; i� THENCE N01121 '161w, 271,12 }!ft t0 a polnl; i A, THENCE N00'23,18'w. 534,67 feet to a point found for the Ncetheatt corner of a tract Conveyed t0 Robert and Carol a lone by data recorded in V0 04 1001. Page 927 Of the Oita Recorot of Denton County, Texas; THENCE N89130'46'E, 1261-21 feet to a point found for the Soytheast corner of s tract tonvtyTea to Reymend and Judith greats by deed recorded in Vo]ume 1411. Ptge 654 of the Cold FIt rdt 01 Denton County, ?axis: r THENCE N00 '40'32'w, 83.97 f et to a point. 11sid3poin being ep o Point of Curvatur of non-tampnt circular curvet th11 right having a adtul of 11dp,00 I ct, a Contra; angle of 27'53'58', a Chard bearing of N10'20 00'E and chard length o} 549.x4; THENCE along said curve to the right, 555.11 het to a point; THENCE '24'S4'E, fCOEI tract: 69B,e4 feet to a paint an the Southern line of a Corps of Engineers THENCE 570'46'08'E, 249.98 foot to a point; (HENCE S24 '35'322E, 1163.69 feet to a point, THENCE N79'32'266E, 244,71 flit to a point; THENCE S93'03'406E, 477,60 feet to a point; THENCE S41'05'07'E, 385.93 feet to a point; THENCE 541134'284E, 302,08 feet to a paint; THENCE S30'30'21'w, 360,72 feet to s paint; THENCE SSi '07'36'w, 660,01 feet to A point; THENCE t03H1dden Vell%yAefoeSetionpbydead$found for Volume 556, Pe¢if6803rand Volume 551, Page 416 of t I Deed Records of Denton County, Texas; THENCE S89.44126w along the North line of amid Hidden Valley tract, 705.60 feet to a point found far the Northwest corner of slid Hidden Valley tract; THENCE S00 '20'3e'E along the west line of maid Hidden Valley tract, 766.06 feet to a paint; DentonCoutne Norlhw4lt¢COrner°at line 0# la°oubtdSvSilanila2thi°City afpDenton, Denton County, Texas as recorded in Cabinet 0, Slide 37) of the Plot Records of Oentan County, Texas; THENCE S00'2i'40'E along the welt Sine of °aid Hidden Vallniy Estates, 776,91 tilt to a paint found hwest corner ofwa°tract of lend°cOn9eyldnt0 Leanne Turnip°Dy dead recorded 842, Page 348 of the Deed Records of Denton County, Texas; THENCE S00'21'io'w along the welt line of said Turner tract, 248,16 feet to a point; THENCE S0 El 1'N and to James end Be 51,73 feet to a paint found for the Northeast corner of a tract conveyed verSy Arrasmith by dud retarded in Volume 2275. Pegs 5 of the Deed Records of Denton County, Texas; THENCE S88-63-22-K 394,!2 feet to a paint; THENCE S89'53'53'W. 340,50 feat to s poles; THENCE $89'21'38'w, 989.42 feet to a point; THENCE S88.39'39'w, 989,28 feat to a point; THENCE $00'32'90'w, 088,92 fist t0 a paint; CameliryS00an3additionOtd'inafciiy of°Denlor, fO ntoaoCountyNoTixaa°recorded in CeDinit J, Slide 43 of the Plat Record$ of Denton County, Texas,, THENCE N89'O7'O7'w Along the North line of said Shiloh Cemetery, 202,03 foot to a point for the Northeelt corner of said Shiloh Cemetery; THENCE 50l'li'02'w, 79,97 feet to a point; I THENCE $02130'56'E along the welt line of said Shiloh Cemetery 424,20 feet to A point found A , or the Southwest hady S Corner of slid lloh Cemetery, cold point ay so blong on the North right-of-wa In s of Shady Shoran Raad �90'ROw1; 24, o �n u EXHIBIT A (PAGE 3 OP 3) THENCE N91.56'31•W alon the North rilht-Of-we line of ilia stry Sn res R ad, 516 31 feet to olnt foun0 fI r tRe lnteradttSon of eht No rtq Nfin - f-way line of ilia Shddy Snores k Rodd ena tie North rs nt-o -wa in$ of MKiT pa11ra1d 1130 f eeid paint also be na the Paint of fuwltura fo� a nppn-tInIEnt cirtu ar t rva pp ne lei Mvinp a radtue a! 12311 22 far a central angle Of Il'/7'S7', a Chord boating OY N3949164 Ina a ehdrd length O€ O11,b11tet; DIENCE along Sold curve to the lift and the North right feet to a point; -of-way Sine Of Bald Railroad, i1f6,99 THENCE N16.19'16'N along the North right-01-WAY line Of sold Railroad tight-of-wax. 271,07 feet to a point found for the Point o4 Curvature of a circular cuvrve to he left wing a rail. of MOM feet a central angle of 26'29'11'• a Chord bearing of k5 '33'45'N and a chore length of 759.1SS feet, THENCE 110ng said Curve to t9u left Ind the North right-of-way line of Sold Railroad right-or-. 767.03 feet to a Point; THENCE N76'/B'29'N along the North right-at;W61 1 n f said Rai road ri nt•of-way, 213.19 feet to the POINT Of EE INNING and canto lntn9 16, �2f1,936 squera feet o! 427,816 acres of land. h �h i h 25. AGENDA INPOWMATION SHEET A7anda atom_Z7 AGENDA DATE: November 16, 1999 DEPARTMENT: Planning Department CM,'DCAVACM: Dave Hill,349-8314 SUBJECT-Z-99-076: (Denton Cancer Center) Hold a public hearing and consider rezoning approximately 4,7 acres from the Planned Development 12 (PD-12)zoning district to Office (0)and Commercial (C)zoning districts. The properly is located at the southeast comer of 1.35E and State School Road. The purpose of the toning change is to develop a cancer trcgtmenl clinic and expand an auto dealership. The Planning and Zoning Commission rccommern.q approval (6.1)with conditions. BACKGROUND The developer is requesting that this 4.7 acre tract of land, which is currently undeveloped, be rezoned from Planned Development 12 (PD-12) zoning district to Office (0) and Commercial (C) zoning districts, with the northern 2.5 acres of the property being zoned Office and the southern 2,2 acres being zoned Commercial, The applicant intends to develop a 14,088 square fool outpatient cancer treatment center on the portion of the lot zoned Office and sell the portion of the lot coned Commercial to (he adjacent James Wood Auto Park for future auto sales development.(For more information see applicant's letter In Attachment i - Enclosure 4) She subject property is located in the Planned Development 12 (PD-12) zoning district created in 1971. % The proposed development is consistent with some of the policies of the 1988 Denton Development Plan(DDP) as applicable and many of the 1998 Denton Plan ('OP)Policies(see Attachment I - Comprehensive Plan Analysis section). Six (6) property owners were notified of the zoning request. One (1) response have been received in favor of the request (sec Attachment 3). PRIOR ACTIONIR :VIEW 'the following is a chronology of Z-99.076, commonly known as Dcnlon Cimcer Center: Application Date -- September 29, 1999 i r PRZ Date - October 27, 1999 A, ESTIMATED PROJECT SCIIIIEDUIX 7lte subject property was platted In 1981. It would need to be replatted before before any portion of the lot could be subdivided and sold. 1. i 4 U FISCAL INFORMATION "(.. Development of this property will increase the assessed value of the city, county, and school district. [twill require no short-term public improvements that are the responsibility of the city, RECOMMENDATION The Planning and Zoning Commission recommends approval (6.1) of this zoning request with the following conditions: For the portion of the property to be zoned Office (0): 1. Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb adjoining property or to shine and project upward to prevent the diffusion into the night sky. 2. Maximum allowable floor area shall be 25,047 square feel,which is a floor to area ratio of.23:1. 3. All buildings shall be constructed with a 100%masonry exterior. 4. Canopy trees shall be planted along the property's frontage with State School Road at 3S'to 40' or,center to mitigate noise and lighting Impacts. For the portion of the property to be zoned Commercial(C): 1. Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb adjoining property or to shine and project upward to prevent the diffusion into the night sky. 2. (lours of operation for display lights shall be dusk until 9:00 p.m., with the understanding that security lights will operate from 9:00 p.m, to daybreak. 3. Maximum allowable floor area shall be 21,721 square feel. which is a floor to , area ratio of.23,L 4. Uses shall be limited to General Retail,Office and Auto Sales and Service uses. S. No public address system shall be installed as part orsite operations. 6. Canopy Ines shall be planted along the property's frontage with State School Road at 35' to 40'on center to mitigate noise and Iighting impacts. OPTIO.\N I, Approve as submitted, 2. Approve with conditions. lr\ c 3. Deny. 4. Postpone consideration. 5. Table item. c i AUAUIMLM I. Planning and Zoning Commission Report,October 27, 1999,7,•99-076 2. Planning and Zoning Commission minutes from October 27, 1999, 3. Draft Ordinance. Respectfully ubm' i g Pow q Director of Planning and Development Prepared by: Thomas B. Gray tl i Planner 1 I 3. ATTACHMENT 1 iA-PLANNING AND ZONING COMMISSION �aoael'efo•19a9� -- STAFF REPORT Subject, Denton Cancer Center Case Number: 2-99-076 M: Thomas B. Gray, Planner I 9gen do Q 12: October 27, 1999 —J Hold a public hearing and consider making a recommendation to the City Council concerning the rezoning of approximately 4.7 acres from the Planned Development 12 (PO-12) zoning district to Office Conditioned(Ole])and Commerclal Conditioned(C(c))zoning distrkts. The applicant's purpose Is to subdivide the property and develop a cancer treatment center on one of the lots. i - w errs an the — square 0 old on � trlaneia .'..... _—. \ Mall i - SITE LOCATION MAP Location: The property Is located at the southeast corner of Interstate ME and State School Rord. f Size: Approximately 4.7 acres 4. l i Applicant: Jason Weaver Owner: Physician Reliance, L. P. Good.vin and Marshall, Inc, 16825 Northchass, Suite 1300 6001 B Idge Street, Suite 100 Houston,TX 77060 Ft. Worth, Texas 76112 BUMMARY OF zORNQ The developer Is requesting that this 4.7 acre tract of land be zoned from Planned Development 12 (PD-12) zoning district to Office (0) and Commerclal Conditioned (C(c)) zoning districts, with the northern 2.5 acres of the property being zoned Office and the southern 2.2 acres being zoned Commercial Conditioned. The applicant Intends to develop a 14,088 square foot outpatient cancer treatment center on the portion of the tot zoned Office and sell the portion of the lot zoned Commercial Conditioned to the adjacent James Wood Auto Park for future auto sales development. (For more Information see applicant's letter- Enclosure 4) The property Is cuman!fv vacant. It Is bordered on its eastern edge by the James Wood Auto Park. Vacant property, also owned by the James Wood Auto Park, Is located directly behind it,which was f zoned from PD-12 to Commercial Conditioned in November of 1998. There Is some general retail development and singe-family residential across Stale School Road from the property, In order to develop and subdivlee the lot, the applicant had the choice of amending the detailed plan of thls portion of PD-12, which carries a $1,500 fee, or rezoning the property out of the PD, which carries a $850 fee. The applicant chose the second option. t COMPREHENSIVE,PLAN ANA.LYSi8 P k�a 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are Intended to be developed primarily for single family residential development, Neighborhoods are to be serviced by a network of small commerclal/retail centers spaced at about 1 '/1 mile Intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip 1 generation due to development within Low Intensity Areas Is restricted to 60 trips per day per acre in order to balance land use with road capacity. Staff finds the proposed zoning to be Inconsistent With both the policies and trip intensity standards of the 1:88 DDP (see Enclosure 6). Although this development Is Inconsistent with the 1988 Denton Daveiopment Plan, staff feels that this Is a case where the directiv6s of the 1988 plan should be viewed In context of the 1999 draft Land Use plan (see Staffs Analysis section below). 1998 Denton Plan Policies Analysis / i The 1998 Denton Plan 1DP)is to be used in conjunction with the 1988 Denton Development Plan In evaluating the consistency of proposed development with the long range vislon for the city, Stall 5. C, k finds the proposed zoning to be consistent with the policies of the 1998 DP (see Enclosure 7). 1999 Draft Denton Comprehensive Plan Analysis The 1999 Draft Denton Comprehensive Plan Is still under development and has not yet been approved by City Council. h places the area within a Regional Mixed Use Center,which would permit the development of a health clinic such as the one being proposed. '¢'I }� tee} :SDK• Y 1. Transportation A. Trip generation The proposed development would generate approximately 1521 trips per day if built out with medical office and auto sales uses (see Table 1). This Is 1239 more trips or four hundred thirty nine percent (439%) more than the allowed trip generation In a Low Intensity Area. The actual nature of this property,given its proximity to the freeway and other large retail uses such as the auto park, is more comparable to a Moderate Intensity Area In than a Low Intensity Area.Allowed trip generation in Moderate Activity Areas Is 350 trips per day per acre,which would result in an allowed generation of 1,845 trips for this 4.7 acre alto, which is 8% greater than the estimated 1521 trips generated by this developrr,ant. Table 1. Proposed Trip Generation Lend Use Averageweekdo Estimated 89uars Total Trip t Trio Generation Footage Generation i Medical Office 34.17 trips/1.000 fl' 14,088 A' 491 Aulo Ues(new) 47,91 tripa11,000 fl' 21,70011' 1040 , T6#41 110p Wile w ' 'i'1 kC. t�N �..'S"te DDP Allowed Trip 80.0 tripsldaylecres 4.7 acres or 204,732 R' 212 Generation _ DlHarence 4239 r Calculations provided by the Inshfute d transportation Engineers, 1991, 2 the estimared lot sires were calculated as Wows:for the Medical Office use, the developer is proposing fo develop a 14,088 fe clinlc. For the Auto Sates use, a mekdnam fiaor•to•area ratio of.23 f is being imposed by the carhlitlons of the zoning. This Iranslale to a maximum building coverage of 21,7oo M, B. Access Access to this development will be provided to the southbound 1-35E frontage road and State School Road. C. Road Capacity I' State School Road Is Identified as a primary major arterial road by the 1998 Denton Mob'ifty Pion. It is proposed to be the future route of FM 2499. This road Is designed to be a six(8)lane divided A'wrr'aa� 6, street without parking, providing six (6) lanes of through traffic. As such, its designed traffic capacity allows for a tolerable traffic flow of up to 27,900 trips per day. State School Road Is currently constructed with two(2) lanes without parking. As a two-lane road, State School Road can currently carry a traffic volume of 9,100 trips per day. The most recent traffic count for State School Road Indicates that there is adequate capacity to handle the calculated trips that could be generated by the proposed development. A traffic count on State School Road Just south of 1-35E Indicated an average daily volume of 5,442 vehicles. This Is 3,658 trips below the roadway's current capacity, almost 24,000 trips less than what this roadway will be designed to carry once it is fully built out, and provides more than enough excess capacity to handle all of 1521 new trips that are estimated to be generated by this development, The 1.35 East frontage road Is designed to carry approximately 5,000 trips per day. No recent j traffic counts have been taken along this section of the frontage road. D. Pedestrian Linkages ; i Sidewalks along all public streets are required. 2. Utilities This site has access to existing water and sanitary sewer lines (see Enclosure 3).Any additional utility needs will be evaluated at time of replatting. 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drainage study may be required with the submission of a replat and would Include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. 4. Signs As per the sign ordinance. 5. Off-Street Parking New development must provide parking according to the regulations of Chapter 35 (35301) of the Code of Ordinances. 6. landscaping This property will have to comply wOh ti%e new landscape Code, which requires fifteen (15)was per acre and twenty(20)percent of all surfaces to remain pervious(plantable area). 7. Open Space and Recreational Areas Nonresidential development Is not required to participate In the divelopmentof public recreational areas. �. 8. Lighting Lighting on the properly should be designed and maintained so as not to shine on or otherwise 7. disturb surrounding residential property or to shine and project upward to prevent the diffusion Into the night sky, This restriction will need to be written in as a condition of the Ordinance approving the zoning change, 9, Environmental Quality Impacts No Impacts are anticipated. IPROPERT'1f,M T99Y '' <., s, _,, tir,:, .. ...ter e1.. 1 .��. ..t., . ,,u:si. -:,s.i w.u..r,.c.�':r"w.d�a 't1w�.�1_ January 14, 1969 —The subject property was placed in the Agricultural (A) zoning district and land use classification by Ordinance 69-01. November 21, 1972—The subject property was rezoned from Agricultural(A)to Planned Development(PD-12). July 17, 1984 — A Detailed Plan for the subject property was approved by Ordinance 84.83. The subject property was platted as Lot 8 of Wimbledon Village, Phase III In 1981, it would need to be replatted before any portion of the lot Is subdivided and sold. PUBLIC NOTICS, � , ; � � � •,,. y �t �., Y, Notice of the zoning request was published In the Denton Record-Chronlcle on October 17, 1999. Six (6) property owners within two hundred feet were mailed legal notices and thirty-three (33)residents within five hundred feet were sent courtesy notices Informing them of the request(see Enclosure 6). As of thls writing, there has been one (1) response In favor of the change In zoning, No neighborhood meetings were held. STAFF'S ANALYSIS Although the proposed rezoning is Inconsistent with the directives of the 1988 Denton Plan, staff recommends approval of the requested zoning change for the following reasons: 1. The area near the property is already heavily developed with commercial establishments such as the James Wood Auto Park, an adjacent manufactured home retailer, and other retail uses. 2. The proposed development Is located across the freeway from the new Denton Regional Medical Center. Staff feels that this Is an appropriate location for medical services such as that r which is being proposed. A 3. The Detailed Plan for this portion of PD-12,which was approved by City Council in 1984 (before the adoption of the 1988 Development Plan), calls for this tract of land to serve general retail use; it never was Intended to serve a residential use. 8. 4. Staff feels that the "low intensity area" designation of the 1988 Plan is primarily Intended for the residential areas south of the freeway, not for development along the freeway itself. Indeed, the freeway serves as the northeastern edge of this particular intensity area. The area directly across the freeway from this site, furthermore, Is defined by the 1988 Plan as a High Intensity Area. As was noted previously in this report,staff fells that the area In which this property is located Is more characteristic of a Moderate Intensify Area than a Low Intensity Area. 5. Although the estimated traffic generation of this proposed development is higher than what is allowed under the 1988 plan, it Is compatible to that allowed for a Moderate Activity Area which is a more appropriate classification for this property. Furthermore, there is adequate road capacity to handle the traffic generated by this development. 6. This rezoning follows a precedent originally set by Ordinance 98-391 (see Enclosure 9),which zoned the area south of the property from PD-12 to Commercial Conditioned (C[c]). The same conditions Imposed on the aforementioned zoning will be Imposed on the Commercial Conditioned area of this rezoning, and conditions relating to lighting and floor area will also be placed on the Office area of this rezoning. 7. The 1999 Draft Denton Comprehensive Plan, which Is being created to replace the 1988 Plan, places this area within a Regional Mixed Use Center. Medical uses such as the proposed development would be encouraged In this area. i - COMMENDA'ICN d�o . r .. 9k} � Staff recommends approval of Z-99-076 with the following conditions: 1. Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb adjoining property or to shine and project upward to prevent the diffusion Into the night sky. 2. Maximum allowable floor area for the 2,535 acre Office (0) zoned tract shall be 25,047 square feet, which Is a floor to area ratio of .23;1. 3. Maximum allowable floor area for the 2.166 acre Commercial (C) zoned tract shall be 21,721 square feet, which Is a boor+o area ratio of .23:1. 4. Uses on the Commercial (C) zoned tract shall be limited to General Retail, Office and Auto Sales and Service uses. F I move to recommend approval of Z-99.076 with the following conditions: A 1. Lighting on the property shall be designed and maintained so as not to shine on or otherwise r �' disturb adjoining property or to shine and project upward to prevent the diffusion into the night sky, 9. I L i i 2. Maximum allowable floor area for the 2.635 acre Office (0)zoned tract shall be 25,047 square feet,which Is a floor to area ratio of .23:1. 3. Maximum allowable floor area for the 2,166 acre Commercial (C) zoned tract shall be 21,721 square fret, which Is a floor to area ratio of .23:1. 4. Uses on the Commercial(C)zoned tract shall be limited to General Retail, Office and Auto Sales and Service uses. i 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. I'll IN 1. Vicinity Map 2. Zoning Map 3. Utility Map 4. Letter from Applicant 5, 200'-500' Notificatlon Map 6. 1988 Denton Development Plan(DDP) Policies 7, 1998 Denton Plan (DP)Policies (2 pages) 8. Photographs 9. Ordinance 98-391 for Reference 10.Draft Ordinance I i e 2 mt p'b SlAf Reirni Q. c, ENCLOSURE 1 i 4 Z-99-076 (Denton Cancer Center) NORTH { I PO OE B Dent SITE low 6 I VICINITY MAP Omni Agenda Date: October 27, 1899 Scale; None WINE F r . 1 ' p O ENCLOSURE 2 Z-9M76 (Denton Cancer Center) NORTH C(C) q A ufc& 1 I PD r °�� s nq , e ® C 1. . r a Deno A ` SITE Yd y \PD✓ ZONING MAP e' Agenda Date: October 27, 1999 Sella: None 12. , L J ENCLOSURE 3 Z•99-076 (Denton Cancer Center) NORTH •a IN ra e u a • o f \ o, EXISTING UTILITIES MAP Hydrants .... •— Water Llne (W. L.) -- • ` Sewer Llne (S. L.) � fry /j Agenda Date: October 27, 1999 Scaly: None 13. t f c� t ENCLOSDRE 4 GOODWINI CIVIL :HUIaeas"mss"stvvoRs M ARSHALL October 19, 1999 Mr. Thomas Gray Planning and Development Department City of Denton 221 N.Elm Street Denton, Texas 76201 RE: Zoning Application for Z-99.076(Denton Cancer Center) Dear Thomas: This letter is to provide a detailed description for Denton Cancer Center and adjoining property for the zoning case scheduled for Wednesday,October 27, 1999. The current subject property is a recorded plat referenced as Block 8 of Wimbleton Village, Phase III, an addition to the City of Denton, Denton County, fexai as recorded in Cabinet B, Page 349 of the Plat Records of Denton County,Texas(PRDCT). The current zoning of the subject property is PD-12. The intention of the development is to submit a preliminary And final plat to divide the subject property into a 2.535 acre parcel (Denton Cancer Center) and a 2.166 acre parcel to be sold to James Wood Autopark (automobile sales lot). We propose to re-zone the 2.53$acre tract to Office-"0"for the Denton Cancer Center from the current zoning of PD-12. At the same time we propose to re-zone the remainder tract of Block 8, being 1,166 acres,to Conditional Commercial for the proposed land use stated above and halting the same zoning conditions as the surrounding aulopark. The Denton Cancer Center is a proposed 14,088 s.f. building. Two points of ingn:;:'egress have bceu provided for the site,an approach along State school road and a shared access drive with James Wood along thelH35•E. The exterior of the building will be a suitable masonry In compliance with city codes. On-site detention has been designed in landscaped areas to relieve downstream areas of any increase in discharge per city comments. Sincerely, Goodwin and At rshall, l C. D. Matthew Goodwin, P.E. ! DMG jc A, GW 1 9011009 •TRIECT,SUITS 1001 FORT 1No"K TUA• 76119 1!t 7-49$-4373(MCMl 29, t, 1; II ENCLOSURE 5 Z-99.076 (Denton Cancer Center) NORTH � Limi f§00' Notifi ion SITE/ u Limits of 200' Notification 200.500 FOOT NOTICE MAP 200' Legal Notices sent via Certified Mail: _L 500' Courtesy Notices sent vla I"Class Mail:3 Number of responses to 200' Legal Notice ° Opposed:_L ° In Favor 1 ° Neutral: _Q__ Percent of land within 200' In opposition: 0°/. (f Agenda Date: October 27, 1999 Scale: None 15. a L ENCLOSURE 6 The 1988 Denton Development Plan (DDP) shows Clis area to be within a Low Intensity Ares. These areas are intended to be developed primarily for single famly residential development. Neighborhoods are to be serviced by a network of small commerclaVretal centers spaced at about '/a mile Intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas is restricted to 60 trips per day per acre In order to balance land use with road capacity. Staff finds the proposed zoning to be Inconsistent with both the policies and trip Intensity standards of the 1968 DDP. The table below provides a summary of the 1988 Denton Development Plan policies applicable to this project; Denton Development Plan Policy Analysis Summary Low Intensity Area Development Rating vs. Policy POLICY COMMENTS '19"�°n"r 71carnistent rncatsistent Conslsbent [Mart These areas represent plffwy housing areas vdthin the City. X Interwity. To be co dsWrt with the Allovrcd intensity•60 htpslaae Kam,a development should not exceed Its Allocated Intensity.262 btpyslte anocated Intensity. X Site Man combat. SW pro" development control within 1,600 feet of existing b1 density residential areas I X Traftic tleeigrr. Accta•should be provided to ensure that nvlbdamlly or non-"denbal uses have saess M collectors or krger artenais no u;-ed access th ough residential streft X OW Span. Sul6dent green space, Not appFkabie. recreational fadliba and dreftty,of parks are provided, public Particlpstfon. Input:Into planning by neoborMrod assodatbns and councils Is encouraged. X Land Use Diversity. Non-residemal and multi-famlly dwelopment is encouraged to a limited degree, X Manufactured Housing. TNs Form of Not applicame. single-Far ily hodng may be corogiole with devNoprknts In the low Intensity areas subject to conditions. Strip Commercial. My form of cunbnuous strip cornnerdal is strongy discouraged 1m/Dr near bw Intensity areas X 1/r Ar r Z,y 11:(,Y err F""'J It 16. a it ENCLOSURE 7 199 _,nto S_PIaA i:(�p1. 1 1 11; 1�i�li '� x Z4 ~�7� 7� �3'A�Y�MuA.�+�` J The 1998 Denton Plan (DP}is to be used In conjunction with the 1988 Denton Development Plan In evaluating the consistency of proposed development with the long range vision for the city. Staff rinds the proposed toning to be consistent with the policies of the 1998 OP. The table below provides a summary of the 1999 Denton Plan Policies applicable to this project: Denton Plan Policy Analysis Summary Development Rating vs, Policy CATEGORY P1)IICY Inconsistent AppYcahla Ri Consistent Tranaportalion. Canpilmenb Demon's long-Flange Thoroughfare Wan. k Promotes Access Management Practices x opt om operabons For emergency service providers and other Wbtk service providers X ' Promotes pudic transportation system, X Contributes to the Denton Trash network, Stormwatar Drainage, Protects twyear rioodptain areas In aocardarree ail y` f Denion's watershed management plans. X n z Conforms to local subdviston regulations x Contributes to regbnal detention fadlties r. x Provides for natural riparian enWronment along floodyalm X andedes Nl redevelopment drainage systems as Inntl x Water and Develops end maintains property art private Wastewater, infrastructure. x Creates opportunity for oversldng water and wastewater Imes to meet Mere deveopm:nt demands, x +' Provides review Of proposed water and wastewater ? Ir*astnuMe to ensure public safety and health, x Ramtes hill hgxo4menb over new Nine eons. x Electric. Prov*s underground eledric servke for rvtw residenbal and nonresidential develaprneM, x ..,+lid Waste. Promotes efficient access to all development for solid ;•� waste service delivery. x Parse and Recreation, locates parks and recreation facilities In&=dance with the Parks and Naceation Strategic Plan, x •�i , Enhances parks and recreation opportunities for resldenh x Reserves rtoodplain for parks and open space to aid In floadplain conservation effort. X Mows wr6ning of parks with other"t Facilibes to ' achieve cost effective delivery of puck senekes Residential development should dedcate land or fees h ,. v Ileu of land for ne 't # A ighborAoodparks % `! ErmeonmentalQuality. Promotes ',•w;' 1" Integrates protection wth"ornic •"+"� l;S'. growth and cormwrvty development 17. c� I Denton Plan Policy Ans"s Summary Development Rating vs, Policy CATEGORY POEKY srxnr9speM App�lle c«w,ter,l "Inborhooda so to Public oontinu*iad ve 6 1-"1 Dx"apes 4 n>fjre of lend user brat bemdt resldenb F; Frolecb and preserves existing rW0tarhoo& Promotes dcYde and Dedestrlan tnfMC wnhln and between neghborhoods Do Itd,oe vehlnrlu trips Hmrin9. Provides a range of housing types that appeal to ddhrtng f .: ecvo,Nc and Ind160ua1 aPoatyks. Offers a varkty of singttfamOr lot tires,building 4ns +; ,;'`;• end pnce rang!!, w Preserves Wsbrg horsing,krdudlg affordable hoWng. tiiY Increases 1Mtl housing opportar0a [c~k Conftutas to a sbong and dwsilled loin ttonomy by olvor0lflcallon, kweasing employment and expand g tlx!tax Ease. t?;4,.` x Govw r~L EnxnouraW Intergovartvnentd covdniben to prowde }'{} P oodoedt"public semoc" i :, x lkban 4401901, Addresres MMMAty appearance In a mmpeher elw . . j, manner. OFv"Mes ardutedua!appearance of buiM&wrmr enl. J Neghborfaod InMh drnloprtkrrt#Wd be compabbk " with c_ di ng lend uses and WUnjis '� k , Protect and preserves Dentonh set Medurv,olturai and ! "` hlatarkei resourom Enhances the appearance along major erbanceways Pro,ot"tM preservation of bees and lanbscso g, x Publle imrolvem4nb Provides an opportunity for pubk opnlan Axing the planning protesli, x Ar r q t't,r y v r W n;e sr,ll n,,,c-t 18, c. ENCLOSURE 8 2-99-076 (Denton Cancer Center) PHOTOS i Photo 1. Looking north from the center of the Photo 2, Looking east from the center of the subject property. subject property. 1 j Photo 3, Looking west from the center of the Photo 1. A view of the properly from the comer subject property, of I.SSE and State School Road. 1 19. j t ENCLOSURE 9 ORDINANCENO. a AN ORDINANCE OF THE CITY OF DENTON,TEXAS,PROVIDING FOR A CHANGE FROM PD-12 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO CONDITIONED COMMERCIAL (C(C)] ZONING DIS'T'RICT CLASSIFICATION AND USE DESIGNATION FOR 33.776 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF I.35 E.EAST OF STATE SCHOOL RD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,J and S Wood, LP, as owner,has applied for a change in zoning for 33.776 acres of land from Planned Development(PD-12)zoning district classification and use designation to Conditioned Commercial [C(c)] zoning district classification and use designation; and WHEREAS,on October 28, 1998, the Planning and Zoning Commission recommended approval of the requested change in zoning;and WHEREAS,the City Council finds that the change In zoning will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies;NOW,THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; Section 1. That the zoning district classification and use designation of the 33.776 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Planned Development(PD-12) zoning district classification and use designation to Conditioned Commercial (C(c)] zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton,Texas,subject to the following conditions: L Maximum allowable building coverage for this 33,776 acres shall be 341,786,42 square feet, which is a floor to area ration of,23;1, 2. Lighting on the f,operty shall be desigied and maintained so as not to shine on,or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion into the night sky, 3. That uses be limited to General Retail,Office and Auto Sates and Service uses, 1 4. That the southern boundary of the auto sales and service use be buffered with landscaping of small and large trees to mitigate noise and lighting Impacts. Section I]. That the City's official zoning map is amended to show the change in zoning district classification. Section M. That any person violating any provision of this ordinance shall,upon conviction, be fused a sum not exceeding$2,000.00. Each day that a provieion of this ordinance is violated shall r constitute a separate and distinct offense, f A, , SecdonIY. That Planned Development 12, u amended, shall remain In fall force and cffect, save and except as amended by this Ordinance, P 20. 4 r f I l I i f jSection V• That_.,s ordinance shall become effective founeen(14)days from the date of its passage,and the City Secretary Is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Mronlele,a daily ew +. Texas,within ten(10)days of the date of its passage.y sP+1 published in the City of Denson, i E PASSED AND APPROVED this the day of 1998. JACK ER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY BY: ej h 1 22.1 FIELD NOTES i Commercial Conditional 33.776 Acres Being all that certain lot,tract or parcel of land situated In the M. E. P.&P.RR.Company Survey,Abstract Number 950 and the Gideon Welker Survey,Abstract Number 1130,City of Denton,Denton County,Texas,being part of that certain tract of land described In deed to SJ& S Woad PS recorded In Clerk's File Number 95-R0040952 of the Real Property Records of Denton County,Texas,end part of that certain tract of land described m Tract One in deed to S) & S Wood PS recorded in Volume 3171,Page 682 of the Real Property Records of Denton I County,Texas,and being ail orthat certain tract of land described in deed to SJ&S Wood PS recorded In Clerk's File Number 94-RD038612 of the Real Property Records of Denton County, Texas,and being more particularly described its follows: BEGINNING at a tapped rcbar found at the southwest comer of Tract One cited above,mid point being on the east right-of-way line of State School Road,a public roadway(100 foot R,O.W.); i /THENCE N 02'2507" E,11.70 feet,along the true right-of-way Iipi of State School Road and the west line of Tract One,to a In"rebu found at the southwest comer of that tertain tract or land described in deed to Physicians Reliance Network recorded in Clerk's File Number 95• 8040143 of the Real Property Records of Denton County,Tex"; V THENCE S 17'31'21"E.381,98 feet,along the south line of said Physicians tract,W a 1r2" rebar round at the southeast comer thereof,being on the west tine of that certain tract of lend described In deed to$J&S Wood PS recorded In Clerk's File Number 96.8040952 of the Real Property Records of Denton County,Texas,also known u Lot 3,McNeil Addition,Phase 2,an addition to the City of Denton aiecoNing to the plat thereof recorded in Cabinet E,Page 244 of the Plat Records of Denton County,Texas; i y THENCE S 01'55'46"W,337.78 feet,along the northerly out line of Tract One and the wont line of said SJ& S Wood PS tract and the west line of Lot 3,to the south corner thereof and the southwest comer of Lot 2,McNatt Addition; V TH ENCE S 4903810"E, 10:4.52 feet,aIdng the north line of cold Wood tract end the south line of Lot 2,McNeil Addition W the soutlhedat comer thereof,being on the west line of Lot 4R, Block A,McNatt Addition,an addition to the C(t of Denton according to the plat thereof recorded in Cabinet 0,Page 267 of the Plat Rec r a of Denton County,Texas; V THENCE 5 40001'52" W,"Ad feet,along the wS 'nil of Lot 4R,W the southwest comer ' thereof; J TN ENCE S 49'3901" E,313.93 fcc4 along the south line Lot 40. W the southeart comer thereof,being on the west line of that certain trxt of b+nd d bed in deed to Oakmont Canadian Land Putnershtp,Ltd.,recorded in Clerk's FileNum 93.0.003915 of the Real Property Records of Denton County,Texas; j I L),e 'h'•�l 'Z J THENCE S 38'30'09',W.139.25 feet,along the well line of said 0 ont tract,to the southwest corner thereof,being on the north line of s drainage channel according W the plat of Wirnbleion Village, Phase V,an addition to the City of Denton recorded In Cabinet S.Page 309 of she Plat Records of Denton County,Team(plat now nested),sold point being In a cina to A, The len; J THENCE Northwesterly,along the north line of uld channel and with the arc of mid curve having a radius o1`960.00 feet,a central►ogle of 17117140,whose chord bees N 67'191111'W, 11174 feet,an are length of 289.84 feek to a point of reverm curvature; 22. 11 I THENCE Northweele'A Onflnulnl clonl the north line of wid channel old with the are of mild turve having a radio$Of 404.43 feel a antral Angle of 36'49'01",whose chord bean N I 47.37'34" W,314.12 feet,as are length of 401,03 fee4 to&point orrcverme curvature; THENCE Northwesterly,continuing along the north line of aid channel And with the Arc of sold curve hWng a radius of 676.30 feet,a eentral&alit of 66'12'17",who"chord ban N 47'19'34"W,637,33 feet,an arc length of 663.62 feet,W the POINT OF BEGINNING&nil eontalninl approximately 33.776 sera of land. I I at;i 21 D i PLANNING 6 OEYEIAPMENT i I ' .A' 23. r r, ENCLOSURE 10 ORDINANCE NO. TM u a iiH x AN ORDINANCE OF THE CITY OF DENTON,TEXAS,PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT 12(PD-12)ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO OFFICE CONDITIONED (0[C]) AND COMMERCIAL CONDITIONED (C[Cj)ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4.701 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF INTERSTATE 3513 AND STATE SCHOOL ROAD;PROVIDING FORA PENALTY IN THE MAXIMUM AMOUNT OF$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-076) i WHEREAS,Goodwin and Marshall,Inc.,on behalfof Physician Reliance,L.P.,has applied for a change in zoning for 4.701 acres of land located at the southwest comer of Interstate 35E and Stale School Road from the Planned Development 12(PD-11)zoningdistrict classification and use designation to an Office Conditioned(O[c])zoning district classification and use designation for the northern 2.535 acres of said property end a Commercial Conditioned (C[c]) zoning district classification and use designation for the southern 2.166 acres of said property;and WHEREAS, on October 27, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1998 Denton Plan Politics and the 1999 Growth Manageme-it Strategies and Play, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation of the 2,535 acre property described in the Iegal description attached hereto and incorporated herein as Exhibit A is changed from the Planned Dcvclopmc .! !2(PD-12)zoning district classification and use designation to an Office Conditioned (O[c]) zoning district classification and use designation under the comprehensive zoning ordnance of the City of Denton, Texas, subject to the following conditions: 1. Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb adjoining property or to shine and project upward to prevent the diffusion into the night sky. 2. Maximum allowable floor area for the 2.535 acre Office(0)zoned tract shall be 25,047 square feet, which is a floor to area ratio of.23:L SECTION 11. That the zoning district classification and use designation of the 2,166 acre property described in the legal description attached hereto and incorporated herein 83 Exhibit A is changed from the Planned Development 12(PD-12)zoning district classification and usedesignation A,. to a Commercial Conditioned (C[cj) zoning district classification and use designation under the r l r comprehensive zoning ordinance of the City of Denton,'texas, subject to the following conditions: 1. Lighting on the property shal I be designed and maintained so as not to shine on or otherwise disturb adjoining property or to shine and project upward to prevent the diffusion into the 1 24. , C' night sky. �t 2, Maximum allowable floor area shall be 21,721 square feet,which is a floor to area ratio of .23:1. 3. Uses shall be limited to General Retail,Office and Auto Sales and Service uses. S='=. That the City's official zoning map is amended to show the change in zoning district classification. SECTION Ill. That any person violating any provislo:, of this ordinance shall, upon conviction,be Geed a sum not exceeding$2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION IV, That this ordinance shall become efredive fourteen(14)days from the date of its passage,and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record•Chromcle,a daily newspaper published in the City of Denton, Texas,within ten(10)days of the date of iL passage. PASSED AND APPROVED this the—day of 11998, JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY BY: I i� 1S,� i I EXHIBIT A PROPERTY DESCRIPTION BEING a 2.535 acre tract of land in the M,E,P.& P.R.R. Company Survey,Abstract No.950, situated in the City of Denton, Denton County, Texas and being a portion of Block 8 of Wimbleton Village,Phase 111,an addition to the City of Denton, Denton County, Texas as recorded in Cabinet B,Page 349 of the Plat Records of Denton County,Texas (PRDCT),a portion of said tract of land also being described in deed to Phy;ician Reliance Network,Inc, as recorded in County Clerk's Document No.95.80040143 of the Real Property Records of Denton County, Texas(RPRDCT)and being more particularly described as follows: BEGINNING at a 1/2"iron pin found at the westerly most northwest comes of said Block 8 of Wimbleton Village, Phase III,said iron pin being the southerly end of a right-of--way cutback line at the intersection of the east right-of-way line of State School Road (called 100'R.O.W.) with the southwesterly right-of-way line of Interstate Highway No.35E(I1-1-35Excalled 300' R.O.W.): THENCE N 71 046'48" E along the said right-of-way cutback tine, a distance of 109.61 feet to a capped 1/2" iron pin set near a disturbed wooden right-of-way marker at the northerly end of said right-of-way cutback line; THENCE S 55°13'20"E along the said southwesterly right-of-way line of 111.35E and the northeasterly line of said Block 8, at 130.16 feet,passing a 1/2" iron pin found at the northerly most comer of said Physician Reliance Network, Inc, tract,continuing a total distance of 283.80 feet to a t/2" iron pin found in the southwesterly right-of-way line of said 1H-35E and the northeasterly line of said Block 8,said iron pin also being on the northeasterly line of said Physician Reliance Nclwork, Inc. tract; THENCE S 47 015'56" E, along the southwesterly line of said 1H-3513 and the northeasterly line of said Block 9 and the northeasterly line of said Physicians Reliance Network,Inc. tract,e dislance of 118.14 feel to a capped 1/2" iron pin set in the northeasterly line of said Block 8,said iron pin also being in the southwesterly tine of said I11-35E; THENCE departing the southwesterly right-of--way line of said IH-35E and the northeasterly line of said Block 8 and the northeasterly line of said Physicians Reliance Network,Inc. tract the r following; S 42 644'04" W, a distance of 257.36 feel to a capped 1/2"iron pin set; N 55°13'24" W, a distance of 236.69 feet to a capped 112" iron pin set; r r ' N 8414613" W,a distance of 78.57 feel to a capped 1/2" iron rod set in the west line of f ,♦ said Block 8, said iron pin also being on the said cast right-of-way line of said State School Road; THENCE N 05 013'47" E along the cast right-o6way line of said State School Road,a rJistance 26. 4 i c I of 255.71 feet to the Point of Beginning and containing 110,406 square feet or 2.535 acres of land, more or less. I I i 1 i i I1 r 27. L u I N I W E F.•11 s� Z-4 co `, ,. •wn� {��i•i.G rl—•A�iifi'tii31JJ{1}GG.����i'�-Y-° ",, 4 // • 4rP $� • +•'I (S 1 -�\•••� �s,�n:'r_a.�^.tiru�sa�.t�.rrr.,. •APB I! A'4 � IIwF'•Ira it rtW�Nnrr6 6e ty ) Cf�:2tG`LPiS.Y:i'SJt,RliSdr«d."" m ilij � � se \� +, '[' L�LM1' ,y7`.:YtJ'4=..�•.fitWMMRt°J'PU�'J ' �j p. MrY.w�. [K�srmc rowtic-PC-�1 \ i L taw r rvun y �, •rr.i -.L n� • °• A 7cat d Cr KM 1 LM Aam "�f--� ...+ •• • �•••••, [P..[Jt[UP7 PMALI>n (+ wr • MY tlti A! Ad W.Y ..1 i I y"'r� � �.�y�,,, I OoarPUn �.l u n7ev■Y _ a�aatt! • ,' ....�..,........ Am DW w M EXHIBIT B i PROPERTY DESCRIPTION BEING a 2.166 acre tract of land in the M.E.P.& P.R.R.Company Survey. Abstract No.950, situated in the City of Denton, Denton County,Texas and being a portion of Block 8 of Wimbleton Village, Phase III, an addition to the City of Denton, Denton County, Texas as recorded in Cabinet B, Page 349 of the Plat Records of Denton County,Texas(PRDCT), a portion of said tract of land atso being described in deed to Physician Rclinace Network,Inc. as recorded in County Clerk's Document No. 95•R0040143 of the Real Property Records of Denton County, Texas (RPRDCT)and being more particularly described as follows: BEGINNING at a 112" iron rod found at the easterly most northeast comer of said Block 8,said iron pin also being the northerly most northwest comer of Lot 3 of Lots 2 &3, Block A of the McNalt Addition, Phase Two,an addition to the City of Denton as recorded in Cabinet A, Page 24$(PRDCT),said iron pin also being on the southwesterly right-of-way line of Interstate Highway No. 35E (111.35Excalled 300' R.O.W.), said iron pin also being at the most nonheustcrly comer of said Physician Reliance Network, Inc. tract: THENCE S 42 046'40" W,dcpuning the southwesterly right-of-way line of said IH-35E, along the cast line of said Block 8 and;.,a east line of said Physician Reliance Network, Inc. tract and the west line of said Lot 3 of the said McNalt Addition, Phase Two, a distance of 180.30 feet to a 112" iron pin found; THENCE S 04046'22" W.along the east line of said Block 8 and the cast line of said Physicia t Reliance Network, Inc. tract and the West line of said Lot 3 of said McNatt Addition,Phase Two, a distance of 176.28 feet to a Ill" iron pin found at the southeast comer of said Physician Reliance Network, Inc,tract; THENCE N 84°50'46" W,departing the west line of said Lot 3 and the cast line of said Block 8, along the south line of said Physician Reliance Network, Inc. tract, a distance of 382,06 feet to it I12"iron pin found in the west line of said Block 8,said iron pin also being on the east tight-of-way line of State School Road(called 100' R.O.W.); THENCE N 050}3'47" E, along the cast right-of-way line of said State School Road and the west line of said Block 8 and the west line of said Physicians Reliance Network, Inc. tract,a distance of 270,17 feet to a capped 112" iron pin set in the west line of said Block 8, said iron pin , also being in the cast righl•of--say line of said State School Road; 7 HENCE departing the cast right-of.way line of said State School Road and the west line of E said Block 8 and the H est line of said Physician Reliance Network,Inc, tract the following; i S 84046'13" E, a distance of 78.37 feet to a capped 112" iron pin set; At S 550 13'24" E,a distance of 236.69 feel to a capped t/2" iron pin set; N 42°44'04" E, a distance of 25736 feet to a capped 1/2" iron pin set in the northeasterly 29. 1� f i a i line of said Block 8,and the northeasterly line of said Physician Reliance Network, Inc. tract,said iron pin also being in the southwesterly right-of-way line of said IH-35E; THENCE S 470 1956" E along the said southwesterly right-of-way line of IH-35E and the northeasterly line of said Block 8 and the,a distance of 62.23 feet to the Point of Beginning and containing 94,349 square feet or 2166 acres of land,mure or less. j i i I 0 I i (try 30. 1 {I �I i • I i it N w e t r^r• �..� it d^7• I • � uv..w.•v rY.rww.rr ;rl �'1' � ' \�'.� � Fl..%�'�L•'sTi.K... "a' Y'r�:�"•'ZaY�"K" I f � _ MItlPOlED .�,w ',. .:� 1 E ��yg �, ' '°$°fit.:•• jj `•�� . Y•IrM r1YMI A•`�•�, ga"11M ACM MM A PALE NRVBY/, . •:r•r-�,.r.ww tEfl ra J c ATTACHMENT 2 Pap 19 i 1 indicates that be doesn't cart to rake try canarks but be 1 to approve. Any discussioe on the motion? If due's ono 2 .a bore to answer questions. We'0 go to that in a 2 discussion,all in favor plase raise your right han& tar j 3 moment Creadssioncrs,does anyone have any questions of 3 TUA you. AO opposed same sign. i 4 the pceitioncO Okay. is these Anyone present to speak 4 ►r0.PnM%<opposed. S In favor of this petition? Anyone present to speak In S Me DrAL man: Motion carries,6.1. We 6 favor of the position? in that use,anyone present w 6 will now move onto public bartni s rclatod 10 roving. The 7 speak In upposition a tie petitiuo? Anyone present b 7 first of those is Agenda hem No.9. We will hold a 8 spmk In opposition? Scc?ng no opposition,public hearing 8 public baring and consider making a recommendation to tbo 9 is closed. Ary final remarks,Mr.Rood? 9 City Ccwcjl concerning the rezoning of approximatrly 4.7 10 M0.REL6 No. 10 And from Planned Development 12 zoning district to I I son mrx.sRwrr: s have one question, Any I I office and Cmnnmerciel conditioned zoning districts. The 12 otter questions? I do have one question. East boundary l2 property Is located to the southeast earner of Interstate 13 is radoja&,d? 13 35B and State School Road. The rezoning is necessary to 14 to aefl>. Yes,it is. 14 develop a canes treatment teats on one of the W. At 15 son.ENGELaue : Do you happen to know what 13 this time I'0 open the public baring and ask Mr.Gray 10 16 tiro particular reason b? I6 provide m with the staff report Good evening. 17 em REm i think the applicant could answer 17 M0.CRAY: Good everting. The sin in question 18 that betty than myself. 18 is located right been at the sourbwcst corner of 1.35E and 19 MR MELBUM; t would—I'm kind of 19 State School Road. Denton State School is right bee. 20 curious about that 20 The James Wood Auto Complex Is right bas and the new 21 mx ARcm ui. My name is Miguel Arco and 21 Regional Medical Center is joss to de north of the 22 I'm with Campus Park. And the reason wby it's jagged 22 properly. I do have some photographs that the Caouninion 23 right dcre is in preparation far Phase 2. 71at's kind of 23 might be Interested to sexing. This Is a view of the 24 she way our buildings are lying and the way live suet 24 property looking rre0 towards the Reeway. This Is a IS cones up to the kp,then it coma in for a building. 1 25 view of the property baking,l guns,southwest towards Page 18 Page 20 1 guns you really can't we where the buildings are right I James Wood Auto Park. This is the property looking west 2 now,but tbaPs the mason why We jogged Lilo that Our 2 towards State School Road and this a view of the property 3 Phase 2 will be directly cast of it 3 Iooking south. As you can ace it's flat,undevelopal. 4 em EYGEtnEc"T: Okay. It's just we usually 4 And as was noted,the purpose Is to Construct a Caesar 5 don't we tbm like that If it was some utility issue or 5 treatment tenter mat the front portion of the lot and sell 6 drainage issue. a the rear portion of the lot to the Justice Wood Auto M. 7 Ma.AxCYY oil,no. No. It's just going to 7 1 did receive one response in favor of the zoning request 8 be some tricky fence work but I think that',about IL 8 and 1 will pass this around. And 1 will be happy to 9 Yeah. But the is ex reason wby we did IL 9 answer any questions. 1 10 MR LNG"-LORM"T. All right. Thank you. Any 10 M0.ENGELSRECtTT: Commissioners,are these I I o:a quest arts,('am n stior err? Bank you. 11 tree are 11 questions? I'll put this ate forth Dow because••before 12 no ether quesrr,ns,Is then:o rrwti,n? 12 the petitioner gets here too that they might want to I It MR MUMLt: Motion. 13 Mot MCNEItL t have a question. 14 MR.ENUELBREC1n: W McNeil. 14 M0.mELBREL1fr: Oh,yes, I'm sorry. Mr. 15 MR.mLNErt.c: t mmc to approve the final plat is McNeill. 16 of Lest I,Bkxk t of de Campus Housing Addition,being a 16 M0.MCNEILU I have two questions really. 1 17 mplas of Lou 5 through 9 and l4 through 23 and portions 17 thought Jams Wood"i developing up into this amt I1e': 18 of La 10, it.12, 13,34 and 25 and 26 of de Wum t8 not coming•• I 19 SuMvLqjort as rocaded in Volume 334,Page 202,and Lot 1 19 MA wyr We developing right behlod IC / A 20 of the Inman Subdivision as mot"b Volume 326,Page 20 if I tmderstartd,these was a zoning chtuy(e for this r (' 21 469,and a portion of a tract of land within de Alexander 21 commercial area right behind the property In question and 22 Hill Suney(Abstract 624 City of Demon.Dorton County, 21 I believe that occurred last fall. 1I 23 Tau. 23 M0.MCNm, oh,okay. My second question, 24 Ms Aena! secoed. 24 and 1 guess you prepared this backup material,you've got 13 to c-4oLtBRec'NT: it's ban otoved end acccoded 25 the staff analyAA mamba 7.I'd like to make a cootment PLANNING AND ZONING OCTODER 27, 1999 Page 17 • Page 2 32. i l CoDdentlelttta Page 21 Page 23 I that the 1999 draft Comprehensive Plan 1 feel shouldn't be 1 sales lot a little further south,this area is more,along 2 in here. That's Irrelevant at this point. That's not 2 the freeway especially,is more that of a moderate 3 been approved and 1 don't think we ought to be putting 3 intensity area. 4 that information in as either support or against a 4 MS,GWME: Then wouldn't it benefit the S particular petitioner. That's just a comment. S argument to consider the 1999 draft Comprehensive Plan in 6 MR.GRAY: okay. Staff will make a note of 6 this case instead or throwing it out because we would then 7 that. 7 be putting a different scenario in which we would not be 8 MR.ENGEIb tom: Are there other questionsT 8 using this property for the Intensity that's been 9 P.R.WILLIAMS: I have one question, 9 geoaatod since the old plan bases everything on 10 b1R.EXGLLBRF.CHT: Yes,Mr.13'illtams. 10 intensities,we would have to look at this more—details 11 MIL WILLLkMS: Wss there any traffic type 1 I more constructively. i just wanted to clarify,that. 12 survey? 1 drove out there about 12:00 noon and traffic 11 12 Thank you. 13 rather congested out there at that point in time. Was 13 MA ENOELBRECHT: Are Jere other questions? 14 there any type of traffic or mobility study? 14 Mr.Gray,is that a park in front of Briercliff Estates? is MR.GRAY: well,What we have Is the traffic Is MR.GRAY: There's a park,1 believe,Piglet 16 count for State School Rood just south of 1-35E. 16 here. I think it's down here s litle bit. Along here,I 17 MR.w1u2AMS: what date was that? 17 don't--1 believe that area is toned General Retail 18 MR.GRAY: that coveted an average daily 18 There are also retail services. 19 volume or 5,442 vehicles. That is on page 4. It is part 19 MR ENGELaREM, There's an open strip all 20 of the transportation section. That traffic study I 20 the way down. 21 believe was,count,was taken pretty recently. This 21 MR.GRAY: 1 think the park occurs down here 22 property will also have access to the 1.35E frontage road 22 south of BHcrcliff Estates. 23 but we do not have any recent traffic counts along this 23 MR ENGELaRECHt: What do we do to protect 24 section of the frontage road. 24 this neighborhood? They were there ° the new plan is 23 MR.wimAms: well.Hut's my problem because 25 suggesting a regional mined-use oenta. Given the Page 22 Page 24 1 the frontage road goes orm way. If it went two ways it 1 hospital particularly,that makes serum and this Is a 2 would be a totally different issue. But it goes one way. 2 tie-in to that and we tan expect drone kind or tie-Ins out 3 Okay. Thank you. 3 them coed cal sorts of support sen1cce. But what do we 4 MR.ENGELPRECHT: Other questions? Ms. 4 do to protect this rsclabborbood wbo was there before any 3 Oourdie. S of d"others? 6 MS,OOURME: In comment 10 What Mr.McNeill 6 Ms.csAY: Right. The neighborhood,as you 7 said then i f that's the case theft number four which says 7 can ter, We located off de road a link bra so it aces 8 this is a Iow intensity area,how will that affect your a have some insulation. I think the neighborhood could be h 9 rccommendation which would be it different scenario based 9 pr axw dtmugh acme son or perhaps a buffo yard or 10 on s high intensity and low intensity? 10 something going along than Oeieral Retail and Light I1 MR.GRAY: well,staff,we feel that even 1 I industrial etas heated adjacent to R If we could 12 though this area is in a low intensity Sava,the fact that 12 somehow do fat since these two properties,them two 13 it's located on the border of this low intensity area. 13 eras are already zoned. As far as protesting the t4 Trio low intensity area under the 1988 Plan comes up to 14 neighborhood from Increased traffic or noise or— 1 S about right here and the other side of the freeway IS a 1$ MR UMEeaRFCHT: A8 of that. All of tills t6 high Intensity area. Low intensity areas tae generally 16 just puts pressure on that neighborhood,and I don't know 17 meant to be prunarily residential. However,we really 17 that you have an anrwo this evening,but 1 took now of IS don't fat that this particular property right here at 18 the fact thv'we pointed out a0 of the eorruneacIII areas i 19 State School Road and 1-35E is a suitable residential 19 surrounding this six but did not point out the A r 20 location simply for the •-because it's located so close 20 neighborhood. And f think it's important that we keep 21 to the freeway and you have traffic related noise and 21 that In Grind,as we1 lust to make—pink utarly given 22 congestion that makes it unsuitable for residences. Staff 22 that Chit neighborhood bus been them for quite tome time � 2) basically Weis that this area,especially along the 23 and I think wee do teed to do what we can. 24 freeway con sid ring the hospital across the frocway and 24 NaL man As this being a Planned Dmclopment, 25 the auto park next door and there's a manufactured home 23 the Cantu stion does bave the authority to piece any eumben PLANNING AND ZONING OCTOBER 27o 1999 Page 21 - Page 24 33. k CondeosaeltTM Page 25 Page 27 I of restrictions or extras in terms of landscaping or I supposed to be widened? 2 whateva that might bencFit the neighborhood in term of 2 MR.GRAY: I believe so. Under the Regional = 7 this site. 3 Mobility Plan,1 believe there is supposed to be a 4 MR INGELBRECNr; to that regard,I noticed 4 widening of State School Road sometime In the near future. S that there was no specific recommendation with regard to S nat,In fact,if 1 recall,is supposed to become the 6 masonry on the facade, 1 believe that has ban a standard 6 future route of FM2499. When that Widening occurs,we 7 In this area for sometime now and I was Just curious to 7 don't know. That's really not on the radar scram at for 8 know why that wasn't put on NO One. 8 as TxDOT is concerned right now. 9 MR.GRAY; it wasn't put on there because 1 9 MR RiSHE4 What does the near future mean to to think as we were writing the staff report,we do have a 10 you? I1 letter from the engineer. It's on page 11,Enclosure 4. 11 MR.GRAY: Within the next five 10 ten years, 12 Ile does state at the bottmn that the exterior of the 12 at lust. 13 building will be suitable masonry In compliance With City IS Ms.wiv. e: is the land already dedicated? 14 codes, nat wasn't put in the staff report because W the 14 Is the developer aware of all that,the setbacks for-- I s time of writing the staff repot--we received this IS land"cation for the roads,right-or-way? And how will 16 later relatively late so we really had no•-wasn't sure 16 all that work if we request a buffer to help add a little 17 what the d ivioper wanted to do at that point. But the 17 Inge of a--well,that's another problem this is developer now is saying that he will use a masonry 18 ocighborbood Is going to have to fora again U maybe that 19 exterior. 19 100-foot strip of land is going to be pan of Slate School 20 MR.ENGELBRECtrr: okay. At the point of 20 Read now. 21 development,arc we going to allow--for the front lot, 21 MR ENGELBRELTfr: R's on the wrong side. 22 are we going to allow curb cuts on State School Road at 22 MR GRAY: Let me lake a look at the--okay. 23 Just on the access road? 23 I'll let Mr, Satrrm answer some of these questions. 24 MR.GRAY: 1 believe and-- 24 MR SAL!ION: 71here arm to be quite a bit of 25 MR.ENGFLBRECHT: Maybe the applicant can have 2S conversation about the 2499 right-of-way widths. Page 26 Page 28 1 some word on that, what we're asking for. Okay. We'll I Currently,there is a I00-foot right-of-way width there. 2 ask him about that one. I think that••any other 2 2499 will require 120 fcet. When this property plats 3 questions,Commissioners? All right. Yes. 3 along with the lames Wood property,we'll be getting an 4 MR.MOREN6 How wide is that strip between 4 additional ten feet of right-of-way from that side, When 5 the neighborhood and the State School Road,do you have S property on the opposite side of the road plats,we would r 6 any idea? 6 try to get another ten fat on that side to make a tow 7 MR.GRAY: I don't have a scale on me. 1 7 of 120. e would assume that it's--if the right-of-way of the read 8 MR t1NaELB;LwHT: so that would reduce that 9 is somewhere between 60 and 100 square feet or 100 linear 9 strip another lea feel. to foe,then that strip might be somewhat between, in the 10 MR SALMON: 71Mt'11 right. They would lose 1 I range of 50 to 100 feet. 1 really couldn't tell you off I I ten feet on the other side. Also,just as a aide and 12 the top of my head. 12 we're kind of getting Into platting hers,but when they 13 MR.MoRENO: Is that zoned General Retail at 13 plat the property,of co",they will be required to 14 dais point? 14 upgrade State School Road even at this point. It's not is MR.GRAY: Yes,it is. IS going to stay just like this until 2499 comes throtrgk 16 MR.D G%ALDSOIC As I recall,it's on the Order i6 Ms.GOVRDte; And you did state that there 17 of 90 to 100 fort in depth. It's a tight General Retail 17 would be two entrances;one off of State School and one 18 lot. II off the frontage? �I 19 MR Mottiisa. is it buildable? Can you build 19 MR SALMON. t bet:eve they're prong one A. , 20 something then? 20 entrance off each frontage. They're going to chart an 21 MR.DONASr V: ON yeak Not without 2t. entrance with lames Wood on the Service road and then they 22 challenges,but-- 22 Will have their own entrance on Stitt School Road. 21 MR.MORENO: Not Without challenges Is right. 23 Ms.Gamm. thank yon, 24 MR.ENGELBRECIrr: Yes,Ma OMWie, 24 MR INGELBRECHT: Mr.Rishel. 2s Ms,oO om, Mr. Gray,is State School Road 25 MR imitEu is den any reason to think that PLANNING AND ZONINO OCTOBER 27, 1999 Page 23 Page 28 34, t, J. Coo41ee1ett"` Page 29 Page 31 I we should look at setbacks what a detailed plan comes t could park within the front yard and you could align 2 forth to make sure that there's adequate meta for road 2 parking to the side. 3 expansion and normal whack allowances? 3 MR ixGELDRECHT: )tight. But It wouldn't•• 4 MR.GnAY: well,since the applicant wants to 4 it's not going to be very large. s zone out or the Planned Development and into Office and S MR.DGNALDSON: I think the project that we 6 Commercial straight zoning districts,then would not be a 6 looked at was a earwash on it. 7 detailed plan in this ease if this toning Is approved. 7 MR.ENGELBRECKT: okay. Any oiler questions? 8 MA.ENGELDAECHT: Mr.Williams. 8 W.McNeill. 9 Ma WILUAM.4.: nid I hear you correctly when 9 MR.MCxMLL Now,I'm a little confused. to you stated that there would not be a constructed entrance I Part C Is where we're talking about there on your drawing 11 way from the frontage road? I1 is where lama Wood may expand Into? 12 MR,GRAY: Entry oe to the cancer-- 12 MR GRAY: Yeah,the commercial area. 13 MR.wiLL ws: urn almost afraid at my age to I3 MR.MC zm. That's already approved,riglu? 14 even challenge anything that has to do with cancer because 14 MR.GRAY: uh-huh. 15 I'm kind of superstitious,but anyway. I thought I beard IS MR MCNED.t: And then the piece down adjacent 16 him say Gal they would share the entrance with lames 16 to State School Road and,what would that be? South of 17 Wood,but I'm asking would there be it new construction of 17 the proposed site. Ilow is that zoned and what is there IS a new entrance way? IB now? lbat's open field,Isn't it? 19 MR.GRAY: The shared entrance would be right 19 MR GRAY: Yeah. This alts right here is 20 here. As far as any other entranocs•• 20 zoned-- 2t MR wttitAms: In other words,I think I need 21 MR.MCNTILLr No,further to your left them, 22 --1'm kinJ of simpie mindod. I nccd a yes or no answer. 22 Come on up there. A little futther. Right there. What's 23 MR ooNAi)>SoN: Yes,these will be a new 23 that piece? 24 driveway that will be shared by both properties. 24 MR GRAY: Thls whole area is zoned Commercial 25 MR.WILLSAMS! okay. Tbank you. 2$ conditioned. It was part of the rezoning Iasi fall. Page 30 Page 32 1 MR. ENGELBRECHTr Okay. Any other questions? I 16UL AttN 1tLr okay. So they're really out 2 Yes,Mr.Morino, 2 asking for anything extraordinary fn No compared to the 3 MR Mom* Lust kind of a follow-up question 3 odo piaes that have already been zoned there. 4 on that strip between the neighborhood and State School 4 MR oRAY: m fee the acme conditions drat S Road. I think I heard Mr. Donaldson say that It's about S are being placed on this—that was placed on No 6 90 foci wide. So if you take another ten foot off of 6 Ceunmereul conditioned piece of prop"in term of Moor 7 these&N-r the road is built,you're down to 80 feet. 7 area ratio are being placed on these zoning cbsnges. 8 MR DONALDSON' w'a've done some pre-designs on 8 r4R mcNERL okay, '[Lank you. 9 that and I think after we take the ten feet,it leaves 90. 9 MR E`OMW550"; All rlgla, Any odw 10 The-re am no minimum lot aims or lot dcpdu fcr Qcneral 10 questions? Tbank you,air. Is petitioner or peuaoner's I I Retail zoning district. I I representative present? Yes,W,would you Me lo mAke 12 MA,MGRS%o: That was my question is it's 12 any remarks? IS still somt-thing that can be built on? 13 MR.MCFAAIAND only if welt asked. 14 MA.MNALDSON: YeS, 14 mp-rxortaAaatT: okay. I do believe there's 15 MR MGAEN'o. okay. 15 •arc questions. Mr.Williams,do you have some question 16 MA,ENGLLDAECHT: But, I would ask Sir. 16 of U petitioner? 17 Donaldson, I don't think it could be very large because 17 MA*11110ts Yes. 1 a the six is going to have a play into the number of 1I MR i..o;a.sAEaT: okay. U you would give us 19 parking spaces you'd be required to have for the most part 19 your name and business address for the record. / A 20 al with the use. Would that not be correct? So that 20 MR MczAmAm Robert McFarland with Trammel crag 21 you can't put a whole lot of building on there because 21 Crow Company,2200 Ras Avenue,and 0011 and 7ohnaoa same 21 you're not going to have the parking to facilitate it. 22 address. 23 MR.oGNALMM R would have a tear setback 13 MR a+ou"Wrr: Tbantt you. Queltim. I& 24 in this case because it's adjacent to residential uses of 24 Williams. 25 tent foct. We would have a front yard setback of 2 S. You 25 MA.WILUAMI Yes. My quetia hat to do PLANNINO AND ZONING OCTOBER 27, A Page 29•Page 32 35. 1 4 ! Condensimelt"' Page 33 Page 35 I With safety. The service road is not growing;however, t exact zoning. 2 the traffic is growing. And I guess my concern Is about 2 MIL IICNEILL Buy. Good Thank you. 3 an entrance way into the cancer 0 MIa whereas 1 can't 7 MR.ENGELBRECHT: Ms Gourdie. 4 understand,you know,bow it hurts your business if there 4 M8.MURDta: t would like some clarification s was no entrance way from the freeway because it's right on s on the masonry issue, I'm not sure we had a guideline In 6 the corner of State School Road and just have an entrum 6 our ordinance coocx:mIq rmsomy. It's always been■ 7 way off of State School Road 7 condition that we've always►ided on detailed plans. 8 Mx MCFARU(NM Well,if I can gnawer your 8 Could you please just tell u what your idea Is and if we 9 question. We're under Txnotguhdelines and the TxwT Is 9 could hold you down to it,please? to allowing one entrance between the corner of State School 10 MR.MCFARLAND: ht's a brick facade. 1I Road and 1.3$and the off ramp. And that is why,due to I l MS.00(IRD1@ 7be Whole thing? 12 the safety issue thee,they're not allowing to have two 12 MR MCFAxtAND: Yes,the entire facade is 13 entrances with lames Wood and the cancer center. So 13 brick facade. 14 that's why we're going with the one entrance with a 14 M&o1lI in okay. And would you mind if we IS specified stacking distance. With this shared entrance 15 put that as a condition in this to make sure it's on- 16 way••and you can we we have a stacking distance I6 MR.MCFARLAND: No. 17 requited by the City and the State so that cars,from a 17 M4 GouaDte: okay. Thank you. 18 safety stfmdpoint,can stack up before exiting onto the is MR wimws: I guess I nocd to know the 19 service road 19 material beause a brick facade could be plastic or 20 MR.wlti"s: i guest my question is how many 20 anything. 21 entrance ways it lames Wood--is he going to close any 21 MR.MCFAxLAND: R's brick,residential brick 22 entrance ways? 22 MA Wn uxms: okay. The word"faade"is 23 MR.MCFARVd`7Y. He Is—We hate a 23 What threw me off. 24 representative from James Wood,as well,and my 24 Mx MCFARIAYD: No problem. 2S understanding is they are not closing any entrances. 25 MR.ENGEUMECM: Other gtkstions, Page 34 Page 36 1 su.wru %O: okay. Thank you. I Commissioner? f have one. Wo dd you have an objection 2 MR MC TnL s?aeation. 2 to some additional landscaping on the aide that borders 3 MR FNIrELa ma: va,W.McNeill, 3 State School Read in order to provide a little bit more 4 MR MMEILL So the entrance to your property 4 buffer for the neighborhood? S Is one that it currently-rah to odes side on to-- S MR MCFARIAND R's not that I'd object to 6 (ML MLrAm(.ND. That does not exist That 6 it,but If you would Id us work With the Planning and 7 will be a new entrance that is'oing to be WIt by lases 7 Zoning Conntisslon --1 mean,the City staff on maybe 8 Wood and Traammd Crow Company. 8 arranging some of these Widaaping to Increase the 9 MR MMULL okay. T%i was my quatian. So 9 bufferirtg. 10 dot's already approved fa lama Wood's expansion or 10 MR ENGELBRECtrT: Right, I don't know if it I I I something? t I needs to be any deeper but at last thicker or something. 12 su MaARMNp %YS, 12 MR MCFARtAND: cliff Mackoski With Sight 13 MR MCKULL And you're}cast 10109 to Use IS Planning and Sight Designs is our landscape designer and 14 that with bim. 14 be's worked closely with the City and Mr.Hill wbm the 15 MR MCFARIAND Yes. IS new plan was originated. So we feel confident that we'll 16 rem MOMLL good. Thank you. 16 come up with a plan. I just don't want to put extra 17 MR wiLtL*.& so that's Brady been 17 encumbrances on the site. But wC will meet code and we I1 approved? 18 will arrange that. / 19 MR MaAJQA%x Correct 19 MR ENOELBRECHT: I recognise you'll need ;" A C 20 MR a tLLUMS okay. 20 code. My basic question to you to 1 want to exceed the 1 \ 21 MR McFAMAND And a clarification,Mr, 21 cc&here. We've Sol a ndghbeehood across the street 22 McNeill,earlier you had mentioned she ponien of the 22 that's being wrrotmdod by eoms-Acial. And they've been 23 trr.t of land that lames Wood currently owns as Commercial 23 there a long time and It's a lot of extra pressury on 1 24 conditionat were selling this portion to lama Wood sex 24 neighborhood when dud coma in,primarily because of 25 as you mentioned,it Is an extension of their current 25 traffic and noise and that std of thing. And I jug want PLANNING AND ZONING OCfOBBit 27, 1999 Page 33 •PRge 36 36 c Condenwit.. Page 37 Page 39 1 to do what we can do•- l Ma.wcex:Ld me be sure you're clear. The 2 MR.MCtARIAN'U To tte the definition of extra, 2 quesioo we asked the geodeman bore from Trammel Crow was 3 that's-- 3 could we use u same type or landscaping criasia drat 4 MR.ENGELBREM: I don't know. I'm going to 4 was in de prior;am Wood case? You don't have auy S turn to staff here about that issue because 1 would be S problem with shat,that agreement,do you? e referring to the whole distance. That would be your 6 Ms Lemon: rm afnid shat we will crate 7 property.as well as State School. I'm looking for Just 7 traffic»dot's nd de right word. I tin*that we a sornctling that would Increase the thickness so Itat,you 6 woukl crate a problem with people pulling on and off or 9 know,you and of buffer the noise and everything away 9 Sate School Road to our property if we put too much ID from that neighborhood to just give it a Il.the more. 10 landscaping tree.NO trees,at«tma,if chat's what I I MA MCFARIAN'D, Any you'll RISO notice the I1 you're asking us to do. 12 use,we are also concerned with the people inside the 12 MR.BMIL Arid I'm not undestending what 13 facility,being buffered from State School,as well. 13 you'm saying. 14 Ma.tNGELBRECMI: Right. 14 MR MCSARLAND. she lines,the INC line 15 MR.DUCEK: rat me clarity,you know,in the 15 consideation rot people odting and entering rte site. 16 last case 11 says that--that was the southem boundary 16 Ms Levis r Ouse this 4LWM We will 17 there in the'98 case,but it says should be buffered with 17 have an entrance to our property in die are. And if we 18 landscaping of small and large trees to mitigate nolse. I I sun putting in a fd of tress,d coca,you're ailing 19 Is that kind of what you're asking roe,a condition like 19 about somA ng to buffer sound,l drink you're wanting 20 that? 20 somethinS tall. And if wen start pultin s in swelling . 21 MR.LNGELBRECNT. Right. 21 this and you've ild>omebody putting out onto this 22 MR.DUCEK: so that was in the prior cane, 22 property,onto the stred,you're going to creak a— 23 would you have any problem with that kind or-- 23 MR oucFx The City,in their ordirurtm, 24 MR.MCFARtAN'D. We could arrange landscaping 24 Traffic Ordinances,dhads what try call a visibility 25 to mitigate as much noise as possible. 25 triangle. And the landscaping has to be done%bee it Page 38 Page 40 1 MR. LNGFURECIfT: I'd be Satisfied With that. 1 doesn't violate that ordinance. So there's no question 2 Okay. Mr. Rishel. 2 that a vehdck pulling out Is going to have to he able to 3 MR RtsnEU t W.th It you have--the entire 3 we by the design we would M. 4 lot is betrg platted at this ti ne. 1s there another 4 MS.LM We want this to line our vehicles 5 building that's proposed in the pan that the Janes Wood S for display. Definitely we would put a strip of landscape 6 people are going to occupy or is that going to be strictly 6 there. 7 parking arcs for sales vehicles or what? 7 MR.eucEK t thought you said parking so this MS.t£WIS, I'm Judy Lewis with Janes Wood D is a display out area 9 Auto Park At this time there will be no structues ran 9 Ms.tfwls: Parked whicks,puked vehicles 10 this. it will be used just for parking at this time. In 10 for display,far axle. I 1 the future we may choose to put I building Ibere. But at 11 MR ricl BREc"T: Yes,Mr.McNeill. 12 this time just parking 12 MR.MCNEILU lit James Wood property is nd 13 MR,RISNEU And Is there proposed additional 13 under consideration now So we can't be putting 14 landscaping that wilt help buffer your site from the 14 restrictions on them at this point 15 ncighborfhnod across the street? is MR.ENGELDRECHT: Well,that piece is. 7bat 16 MS LEwis: No, air. Ours will be used for 16 piece is. 17 parking vehicles along the road. Of course,we'll go 17 MR.MCNTSILL: That's ail being replotted at IS along with what the Landscape Ordinance requires us to do It the some time? Thin portion 15,also? That's pan of the / 19 and there will be istuK%of trees and we're savhg some 19 revhsed? Oh,the whole thing. Olt,1 thought it was just / ' A 20 of the Wes that are already there. Now,on our pan 20 your part, Okay. I withdraw my question. 21 that is further towards State School,here is Some trees 21 MA ENGfl9RLClrr: Mr.Williams. 22 down there we'll be Saving. But this pan of this 22 MA WILI3ANSt okay. Will test cars be•- 23 property is totally open and we'll be puking can along 23 are der show can or an that are in Stock? 24 them. 24 Ms.LErvts: New cars in stock for sale. 25 MR.RISAEU okay. 'shank you. 25 MR.WILLIAM: in other words,okay,they sae PLANNING AND ZONINO OCTOBER 27, 1999 Page 37 • Page 40 37 t. i r CoadtmwitIV _ s Page 41 Page 43 l automobiles that are out-there you can be seen,also it's, I questions and such and the buffer would belp. As for as 2 well, I've got a car that you'll love and you to around 2 lama wood at this time Whh 0e rA syssmn,your gU066M 4 1 back someplace and find IL ThatI s what I'm trying to 3 tierce coax over b my house. I can 0 you every tim 4 rind out. Is this car out•-arc you talking about 4 somoone gas a cit. Tasked io some of our neighbors 3 they're going to be out for show the same way the can arc S before we cams:over and that was one of their coneam 6 out for show off of 33? Because you do have some can 6 with the PA system and suck The strip betwarn Maybill 7 back behind the renees also that are fa sale? 7 and our place Is,bike you my,90 root Plus the people 8 MS.LEwtS: Yes,sir. These will be far said. 8 In the houses have a section or that that's mein as an 9 MR.WILLLWSr i understand all your can are 9 asovhera it's still there's. IV$aor faced In. I'm 10 for sate. What I'm trying to rind out are they cars that 10 wvedering on Jams Wood,bow much rmntage t'acy're going I I customers immediately go to a arc they can that are kind I I to bsve down We and bow many people will actuatty IN t2 of back,may not be••will they be mad-ready ears? 12 the can on that road. You Just approved Caprkom or 11 MS.LEwLs: Yes,they Will be made-ready can. 13 Unicorn Addtdoo right up the street from us,just the 14 Yes,sir. 14 other side of lmska9. Okay. You're going o have 11 M1L W1LL1AMSr 'thank you. 15 spartmonts,mat's cc the back side of us,with the 16 M0.EA'GELBRECHT: so%fiat you're really doing 16 additional hones. Oakmont Is doing thew new addition 17 is developing a display area along what will be 2499? 17 which Is going to add snore traffic plus me 1,000 can per is MS LEWIS: Yes,sir. Is day 1101 arc shady three. 19 Mtt L%;GELBRECHT: Cot it. I understand. You 19 So 1 would appreciate some sort or a buffer. 20 understand our concern about the neighborhood across Oe 20 As far as the cancer center,I brat no problems. Jam" 21 street and that's-• 21 Wood,I mean,that's nteir property. But bke you'.* 22 MS. LEWIS Yes,sir. I certainly do, The 22 saying,some consideration for us because right now It 23 road, the State School Will be quite wide and then there 23 rally is geeing worse by the day,especially with the 24 is the strip across from there. 24 rew batpital and we can k0 you rutty time a siren gas 21 M0.ENGEInRECHT: Right. I understand. Okay. 21 by. But that's all 1'vt got Thank you very mucb. Page 42 Page 44 l Ms. Courdic. I MIL WILLIAM$: t have a question for yet,sir. 2 MS.of =F! Yes. I'm conoemed about noise, 2 MR.ENGELBRECHT: Mr,Williams. 3 as Well. Will there be a►A system in wbicb it will 3 Ma.wtLt tAMs: what type of buffer would you 4 project over to bring the car up or customer coming 4 recommend? 1 aruund7 I'm not sure how sales work,but I'd like to know S MR BGDDER: Well,like I aid,along With the 6 is there a PA system that Will be able to be accessing 6 Irma or something Iike this. I really wish I knew 7 this lot one way the other? 7 something that I could,you know,give you,a definite 8 MS. LEWIS: The►A system will be affected by a this would work great,but I rally don't Like I say, 9 buildings that arc quite a ways from•-let's see, 9 with lames Wood--like 1 say,the FA system,l bar it 10 pr ')ably be in this area. t0 right now so if they move another Section up even closer I I NIS,CAGRDIE: so there's not going to be an I I to us,I'm going to hear it even more, I don't know about 12 extracurricular speaker system sitting In the middle of 12 you but ace In a while 1 lice to leave my Windows open. 13 the parking lot to get sancom to cam down? I3 Mx mEt9RECHT: Any other questions? Thank 14 NIS LEWIS: No,ma'am. Just from the 14 you,sir. Appreciate it. Is there anyone else present 15 buildings themselves 15 who would like to speak In opposition to this petitiom7 4 16 stS,OMRDIE: okay, 16 Anyone else present to speak In opposition to the 17 uIR.LNGEURLCHT: other questions? Thank you, 17 petition? All right. In that case,petitioner does have 18 folks,very much. Appreciate it Is there anyone present I I an opportunity for rebuttal if you'd like to make any i 19 to speak In favor of this petition? Anyone presma to 19 remarks with regard to that opposition. No? Okay. All � r 20 speak in favor of the petition? to that tax, is there 20 right. Let the record refhxl that the petitioner (At 21 anyone present to speak in opposition to the petitioo? 21 declined rebuttal. Therefat,the public baring Is 22 Yes. If you would phase She us your name and address 22 dosed. And we will ask staff for any final remarks. I& 23 for the record. 23 Gray. 24 MR BGDDER: Yes,0, I'm John Boddo r,2913 24 M0.GRAY: 1 haw no remarks. Staff does 21 Tomlee, 6riercliff Addition. I appreciate some of your 25 rocommmmd approval, l PLANNING AND 7.ONINO OCTOBER 27, 1999 Page 41 •Page 44 38 t. _ Condeo/clt Page 45 Page 47 I MR.ENOEL3lkWff: And,Ms.C,ourdie,you have a 1 ►a eucEx. Right. r drink the teary Is 2 question? 2 s6odtgh— '. 3 MS.OWRDiE: Yes,actually. W.Bucck,we 3 MR h ait¢ *bey were"anticipating 4 have a noise orJid,enct,correct? No? 4 apandq dw 7-. J. ML BUCEK' We have a 11019e Ordinance. S MR fNC LaaE . That would preclude than 6 Therv's always a question does it-• is it prompted by 6 from caning any closes Owtsh a conditroo would. 7 State law. The State law wording,just so you have it,is 7 t4R ecxxR o4 leak That's mist rm saying. 1 if it is unreasonable to make a noise near a residential 1 51ah. There's ratbing,wilco a condition dory could 9 area that is unreasonable. I don't know if I already said 9 build a balding later and bave dial on dare if diet i o the word"unreasonable"but an unreasonable noise. So l0 worries yen. Now,act's sot m say dial as a result of I 1 right now we don't have a decibel level standard. What we l I wbat's happening as we become a mere cosmopoGun city and 12 have is that if a neighbor calls a police officer,he 12 you look at these kind of things,we may ultiouWy came 13 drives out to a neighborhood,and if o business is nuking 13 up with a sophisticated noise—or she 1. slat ue may 14 ■noise in the evening that appears to be unreasonable to l4 give us she opponrmity to come up rim docibet level 15 the reasonably prudent person,be can issue a citation for 15 ordinanca as a bicr dale. 16 a noise violation. That's buw we handle It righl now. 16 MR r weAsuli ire: r jusd want to inkzjers t7 MS.Go w: would we be able to set a 17 here mat I'm folly aware of M. The fora Bill Una 18 decibel limitation on that at all in the dear future for 18 Ford whkb Is LOW the Toyota dalaiNp is—well,you i9 any new ordinances that we might be redesignin S? 19 know,where it's Iocatod at lklvashy, And I Evc on the 20 MR.BUCEKr 1 think that the Code Cornmiltee 20 other end of Nash sakes Park and you call hear it as clear 21 may Iook into that. There's some real problems from the 21 as a bell. A good dal of dud has to do with the 22 standpoint of how you monitor those type of things. The 22 cries ution of the speaker. Insked of putting men on 23 devices are very expensive, And then the question 23 the buildings,U day would putt them out on polo facing 24 becomes,does the State law preempt anything you do. In 24 in to the structure,she is wouldn't carry ous to the 25 other words,since the Penal Code his that one provision, 23 mighbaboods. is would rand to orient In. That appears Page 46 Page 45 1 sonic or the City attorneys argue that you can't do i to me to be one of the situations. But I don't know to 2 anything mom definitive than that But that issue is out 2 what extent these neighbors have worked with James Wood 3 there and some cities do have a decibel keel standard out 3 1 would outainly bope that yon-all might at least talk to 4 there. But right now we Issue those citations based on 4 one another and we if th V like simple orientation of S she Penal Code if there's a noise problem. 5 the speakers might reduce that issue. Because I agree, 6 Ms,GolntDtE: is there any cities here in 6 you can hear it for a tong,long ways. Are den other 7 Texas or are we talking about cities in other states? 7 questions of staff! 8 MR.SUCEK: Tbere's some ci tics In Texas that 1 MR WILIUMS: 1 have one more question. 9 have a decibel level that evidently haven't••the theory, 9 Mit Q:GELBRECHT: Yes,Mr.Williams. IO you know how this all happens when you're work in the 10 MR VOWAMS: Could you give me an idea of a I I criminal end,you Issue a citation and v=body pays the I I buffer that would be safe for James Wood snd are for the 12 fine,and it's not taken up with the Court of Criminal 12 citizens and safe far the traffic? You know,if they 13 Appeals,then the ordinance stays on the books. So at U don't buy cars,they'd be stolen because they're hidden, 14 this point,even though legal scholars think the State law 14 MR GRAY: 71st is true, This is probably a 15 prceinpts it,there hasn't boon a case in point that says 13 question that's bMa posed to a landscape architect My 16 the State law preempts it. 16 knowledge of horticulture and the amount of noise that 17 MS GGIJRDIE: shank you. t7 trees and other plantings tan absorb is limited. is MR.13UCEK: i think to answer some or)roar is Although,l do know because I'm currently doing re:yrch 19 Questions or what may be on your minal.I think you do have 19 on an unrelated subject regarding highway esthetics and ' 20 the ability hen You're putting corAdOos on a ax to 20 noise al And 1 have discovered that planting A` ty yes P ng along highways. p 21 say no external speaker will be allowed in an arc. And 21 a narrow,grip of plants and trees lard whatnot along r. 22 you could do that as to this ease if that's what you 22 highways usually does act wont because the tress simply do 23 not absorb as much sound as would,r .a berm a a sound 23 wanted do do. Y 24 MR RISHFL: of course,they already said all 24 will or something. So I think diem's Only a I oiled 25 apvakert arc on existing buildings now. 25 amount of••unless,of course,the planting strip was PLANNINO AND ZONING OCTOBER 27, 1999 Page 43 -Page 0 39 v. Coadenaelt"` j Page 49 Page S 1 1 Ilke 100 fiat wide and was densely planted and allowed to I them a Uttk and it Sat of gives you a bit or a 2 grow fa five to ten years. So 1 think there Is a very 2 character and they an still have a-- n. 3 limited amount of noise reduction that could happen with 3 MR RElcuHaT: Right. Plus,if they get the 4 trm alone. 4 a'wpy up higher where the vehicles are still visible and S Although in terms of scromI4 perhaps,the S are on display. 6 Planning and Zoning Commission feels that some tens 6 MR ENaFLJ3RWHT: Exactly. And I do think the 7 should be there,if for no other reason than to provide a 7 lames Wood representative would like to address this,if 8 visual edge,some sort of visual buffer betwom the 8 you would,please. 9 highway and the cancer center and the auto park There is 9 Ms.LEwm: i chink all of you had seen our III 10 also the Issue of the auto park and their dahn to 10 master plan before when we came to you to rezone our I I merchandise their vehic.,s thy,obviously,den's want I I current property. Now,again, I want to remind you that 12 then an hidden behind a thick row of trees, 12 the part that you're rezoning for as to purchase now is 11 MR.ENGELBRECHT: Its me jump in a second,Mr. 11 going to be for parked cars. 7bese can are not gains to 14 Gray. I did ask Mr. Donaldson while we were sitting here 14 create twin, They're going to be parked and our 15 what could we do, And,you know,I do this on the cuff to 13 customers will be coming to look at them to purchase so 16 him all the time and I commend him for his ability to come 16 it's not like this part of this property is going to be 17 up with things on the fly,so to speak. But I asked him 17 treating noise. 18 what could we do to help to retain sonic residential 18 MIL RISHEL 1 think we're crrro^r acd about the 19 character and,at the same time—recognizing that at the 19 esthetics of the look. 20 same time they want to display automobiles,make-ready 20 MR.WXUAMS: That's what I'm concerned 21 automobiles,and how do we blend all or that and make it 21 about. Basically,as a person-- 22 work. We can take taro or the noise. We an simply 22 MR.RISHEL This is a corridor area to us 23 disallow any speaker systems on that property. But what 23 now. This is 2499. 24 can we do to kind or bring all these folks together and 24 MR.WILLUMS: That's what I'm thinking about. 25 I'll let Mr.Donaldson respond to that. 25 And,also.I don't thirds that's a merchandising issue Page SO Page 52 1 MR.DONALDSON: i think Thomas's analysis is I because if a person conies to James Wood,they're going to 2 right on track that virttally no amount of landscaping Is 2 look at the ears directly In front of the place. And them 3 going to scree as an erfective noise buffer there without 3 if you don't have the color they want,then it's--well, 4 interjecting solid masonry walls or a berm of some kind in 4 we have some more colon over hm. So I don't even think 3 each can. Then yuu eliminate the effectiveness of the 5 that's a merchandising Issue, 6 lot with regard to auto sales. But we certainly an do 6 MR ENGElske Frr: well,it is with this 2499, 7 stuff to tie it into the stroctsape and that sort of 7 Mr.Moreno. 8 thing So requiring it canopy tree every 30 to 40 feet, 8 MA Moms. You're going to park an along 9 something like that,might help to tic the two sides or 9 State School Road with the intent to sell them,of course ` 10 the strocl togdw and to make it work as a cohesive 10 MS.LEWIS: Yes, sir. I I system. I I MR.MORENO Arc you going to put any lighting 12 MR.ENGEL9RECHT: Thank you. Did you have t 12 on that property? 13 --okay. 13 m4.tEwts: There will be nme,yes. 14 MR.RErCFIHART: 1 was going to recommend 35 to 14 MA MOma.. Then will be some. 15 40-foot on center with canopy. It will allow some Is MS LEWIS: And year City people will have to 16 burk.ing And you're loth correct tImt one canopy,one 16 approve anything we do. Yes,sir. I7 row or trees is rot going to give you it lot or sound 17 MR.BIJCEtt we have the lighting totndition In 18 burkring. But there's also ••and I betieve State 18 hem. 19 School Road will have a median and,hopefully,we an do 19 MR MORDo But my conoem is you're going to , 20 some tree plantings in the medians and they A P 8 get something on 20 have lights much closer to the neighsbarhood than arc �!', 21 the other side of the road,too. 71te combination and any 21 now, ..� 22 internal landscape we have on the site. I mean,all those 22 Ms.tEwisr Everything will be focused back 13 combinations would help a little bit. But I was thinking 23 towards our lot. It won't be focused towards the 24 35,probably 33 to 40-foot on center. 24 neighborhood. 25 MR.ENGEURECHT something to--and offset 25 Ms.MORENO okay. Thank you. PLANNING AND ZONING OCTOBER 27, 1999 Page 49 • Page 3: 40, i Condensell " Page S3 Page SS I MR BUCEK: Let no ash,do you have L'sl 1 neighborhood on yDUr M system. 2 Mader plan with you tonight? 2 au etwtm Ya.sir,we have looked at that a 3 MS.LEWIS! I don't I'm sorry. 3 systm. We hove—are working awards—We a nuiasnce 4 MR.oucEK: okay. Some of our members are new 4 for as,too. Yea. And we have not come up with a good $ end they rtu'ver got to we it 7tavtk you. 5 solution for it aI this time But again,ids part wh71 6 MIL ENGELBRECHT: Mt. McNeill. 6 oat creak maydting additional to what you've aheady gel 7 MA MCNLrLLr Well,if I umderatwld what we're 7 eta MoRV O Yeah,1 understand, Okay. 8 asking these folks to do,we're asking them to put up 8 au IME111.80a: okay. Any odw questions j 9 landscaping set that this cancer center is not going to 9 for the petitioner? ?hank you very much. Any other 10 make noise. Is that what you're really asking foe! 10 questions for SUM If not are there comments of a I I MR ENGELBRECHT: Are you directing that to 11 motion? 12 me? My personal concern was not so much for the noise a 12 MR usHEL. radian, 13 the cancer center as it was as something to retain that 11 Sam 040MBRUVT: Yee,sir. 14 residential,a bit of residential character through there 14 MR usHBL r move to recommend the approval 15 given that we have this neighborhood already here. It's 13 of Z4"76 with the fotlowing conditions: lighting on 16 already under some pressure and they were here actually 15 the property shell be designed and maInOnod ao as not to 17 before these folks, And we have••we arc,in essence, 17 shine on or o0mwise disturb adjoining properties or 18 redefining the use of the land wound them. I think it's 18 sh ne and project upward to prevent diffusion into the 19 a duty that we have to look oul,to some extent,for their 19 nigh sky;that the proposed building be of masonry facade 20 Interests. 20 construction;and that landscaping bt pnwlded along the 21 And that's why I was asking about something 21 State SchA Road area that would be somewhere between 35 22 that would help to carry the residential character across 22 ..,d 4o-foot of canopy urea on center;minimum adlowabk 23 the street,at the same time allow you to display your 23 floor am of 2.335 acre Office(0)toning but shall be 24 can, And that's why I asked Mr.Donaldson about Ilia!and 24 25,047 square foot,which is a doer area ratio of.23:1; 25 be was suggesting that Some canopy Irm every 35 feet or 25 a maximum allowable floor am of the 2.166 acre Page 54 Page 56 1 so that would scree••they're really not going to serve I Commercial(C)tract the 21,721 square fed wbkh Is a 2 as s noise••they may serve somewhat Be a light buffer to 2 I'lor am of]3:1;and uses of Ike Commmial raining 3 tl a rheighbarhood. They will also provide something other 3 had be limited to General Retail,Officer auto asks, 4 than a flat surface of%'&cks across the street. And 4 and sin ice uses. S That's where L was going with that,was trying to find 5 m AIPL! r11 Second dut but I Just want 6 something that blends the two of your together when all 6 to make a correction to lion number two. I think it was 7 you've got is a street. 7 his loot number four,dough,cruelly. Fte meant to Say 8 Ms aw't5: Your present Landscape Ordinance 8 "maximum allowable floef Sea"instead of"minimuhn." 9 requires us to plant so many twos per acre now. 9 MR RrsHEL- Tbal's what t meant to sty if I 10 MR. E`GELBRECHTc Right. But you don't have 10 didn't say that 11 to theccssarily put them,and L know that you hesitate to 11 Ma rt4nra.0 arc: day. We have a motion and 12 put anything in front of the automobiles of around the 12 a second. I have—W.Moreno. 13 automobiles. 13 Ma MoALNo. rind of like John,and 1 forgot 14 MS LEwts, I believe in tb;design along 14 his last came,Said,t think the cancer center Is a very 15 State School,dhcn:is a strip of I'm Bring to say 15 fine tbir4 for this am. But I've gal serious 16 shrubbery. In front of our prr..;ent complex,we have a 16 resmations about can directly across the Sated from an 17 whole strip of shrubbery In front betwom the sired and 17 misting n4ghborbood. I just don't think that we're I B the cars now. 18 protecting The neighbmbood sufflc lenty with some 19 MR.ENamitrcur okay. Thank you. Any other 19 landscaping and uses and rings of that nature. So I'll /r' 20 questions? Mr, Moreno. 20 be voting against this motion. �' 21 MR. Mohler : This question may be out of 21 MR fN xxLv n: Ms.Gotrdie. 22 bounds,but on the M system, I'm Assuming that you've 22 set ooumL, rd hike to make a friendly 23 made quite an investmcrit in that system,but I'm wondering 23 amendment that no new speaker systems will be penndti d on 24 If you've ever louked at beepers or something of that 24 the property. 25 nature to kind of eliminate that criticism from the 25 ate,usmEr_• t would accept gat u a friell ty PLANNING AND TONING OCTOBER 27, 1999 Page 53 • Page Sf 41 . Condeoaelttx' Page 57 Page 19 I motion. I entrance. Not exit,entrance, In oohs words,what I'm 2 Ms.APno ru accept that At a wand. 2 Saying Is with two or throe entnnoto Then,we're going 3 sue EWALBREOff: okay. So we have one 3 to have s traffic Sam and that's all I'm Saying. edditimal coedit on,ao gooks syttaas. Mr.RisbeL 4 Mn Raneu R scoer ed like man was ahrtady 3 son usairL, Yes. I think as we look at this 3 a stocking situation that was provided and I think the 6 pixe or property and the expaiwoo or the hospital out 6 entrance is something hike 300 foot from the coma that 7 opened up rcw dy,l thank this 6 exactly what a let of 7 So those more to be adoquek from what we've done in the 8 m env isiored for this type of development to be 8 rat of the community and I think that what they lave as e 9 precipitated by the actions owl we've taken to a 9 proposal would work,for me anyway. 10 community, So I'm very pleased to we the cancer center 10 MR WILUAMS, Okay. I 1 coming In here. One of the oCrer things we do strive for I I My ootmae And,also,I'd Wee so just 12 is to Say to pn wnr oeighborboods. I drink we're making 12 comment to the neighborhood,l know when we—lama Wood ' 13 a wonderful effort to by to do that, 13 carne forward with a few other lighting aituadons,Atha 14 lama Wood to the bat of my knowledge,lass 14 Wood was very responsive to the nods of our lighting 15 always provon themselves so be a very worthwhile odor, 15 situation. From what 1 understand y'ail down-turned your 16 born good to our community,been very good In working with 16 lights to help all"Ic the amount of light that was 17 the neighbors. When they did orcir mss resent expansion, 17 going up in the air, And 1 appralate and I know that 18 piece of property,had uwaal neighbors that came In and I8 y'stl arc very responsive so I know that y'atl will 19 talked about what good reighbors they had been in trying 19 probably try to rind a way to try to reduce the speaker 20 to aplain to developnwnt to then,tried to mist so the 20 systems,maybe to point oath more Internal instead of 21 facts of they were going to work with them to try so work 21 exkmal,or mays even re-olar to sysi m where 6x7 all 22 with the sound situation. I think that doe is 22 point towards the Inside of your property. But I've 23 definitely an off xi by all parties to try to make this a 23 always boon very appreciative of how you've bard what de 24 valuable erlrywey piocc of property for us. 24 needs were and you've tried In snake the best of it and 23 MR.ENGELBRECSrc: Any rte comments? Ya, 25 nuke your business work,too. Page SS Page 60 1 Mr.Williams. I 1 believe ors Is what we have decided that 2 MR.WILL IA.MS: 1 would like to offer 1 2 this would be the best place,espaixgy with Ile hospital 3 friendly amendetcnt. And I don't think••that there would 3 thee, 1 bate the Idea of having a big cement lot dery 4 be only one entrance way to the cancer center and that 4 with no impervious surface to I would really appreclaic as S would be from the James Wood Autoplex. Not the entrance 3 much Impervious anywhere to break it up so bei�,the 6 way,I'm talking about off of the service road or frontage 6 neighborhood not to have so much lest being generated from 7 road, 7 that re,would be wonderful. 8 MR.atmi :, 1'd ruiha riot accept that as■ 8 Mt EMXL&kmrr: Ma.Apple. 9 fncndiy motion. 9 sets,Arne: i just want N coy that I mink 10 MR.LNGELI)RECIR: I may be,wrong but 1 believe 10 ibis h a real appropriate use for No properly in j 1 I that's all being required by the State I I conjunction with the new hospital. I mink Sic it great 12 MR.w7LLLAM3: No,he said al lowed. I fie said 12 klea. And 1 also fat pnmry good about voting In favor I) allowed,not requirrd. Well,I'm, 'ng it as an I) of this because we did not have••we actually had more 14 amcndzwn!, 14 Commisslonere spooking about me ndghborbaad than we did 13 MR.ENGLLBRrmr: All right ..aLw s that 15 neighbors,and that says sasevhing so me mar we did not 16 that arundmont Is not •• 16 hoe a lot of the neighborhood coming out to protest No 17 MR.ItI511Et,: 1'd rather not have that as part 17 or to request changes. And 1 think it looks like rise's I8 of the amcnUment 18 going to be a good compromise tic everybody's W and I 19 MR.E\GeLBRECHY: All right. Ms. GMJ40 19 think it's a fine Idea. ' 20 MS.Gm'RDle; Prat of all,i think mere 20 sec POOEL9ae_M W.Williams. 21 meth to be two entrances,one for soutbbourd traffic and 21 MR wtu use: veal The ancer tents Is 22 the other to get over to the I MIW so you recd the 22 traded and an entrance way a roe enrollee way b not 23 State School Road exit to facilitate the cancer'patienl.A 23 going to stop me from voting for mks becawe I deal with 24 to get over to the hospital If noet"ary. 24 traffic every day and will continue so deal q,ath mat 25 MR.WILLIAMS: No,I'm talking about entraeoe, 71 nit's bit, PLANNING AND ZONING OCTOBER 27, 1999 Pgge 51 •Page 6( 42. t r„ I Page 61 Page 63 1 Ma ENOEL.BRCFrT: I have a question for Mr. 1 stew from Agricultural to Muld-Family 1. The prapnfy 7 Rishel with regard to your motion. You had Indicatod,you 2 Is located on the south side of Fist McKinney 3 mentioned the canopy trees said is that in addition to the 3 apprmlmatcly halfway betwom Woodrow Lane and loop 284. 4 landscaping that's generally required? That's an 4 The rezoning is necasary to develop an apartment complex S additional item along that State School Road? 3 for senior cldrens. At this time IT apes Cc public 6 MR,R15HEL: i hadn't thought of it In that 6 hearing and ask Mr.Ony to provide us with the staff 7 context. I expected it to be it part of what would be 7 report. SG, j 8 requtred or the normal landscaping. I sce Mr.Donaldson 8 MR.CRAY. thank you,Chairman EnyelbmchL 9 trying to clarify this for me, 9 if I couV have the document camera I can show you in a 10 MR.DONALDSON: with a two-acre lot,roughly 10 link meet devil what's being proposed for this 11 two aones,they will be required 0 have 30 trees on the I l property. This properly is located on the south side of 12 site. I think with the 30-troe pall%they can adequately 17 McKinney Just to the west of Bellaire between Woodrow and 13 address the frontage. 13 Loop 288. It is cw=dy 103 acres. It's w1cuhunl 14 MR.RISHEL: Right. But you put the Snots on 14 property right now. Sane tank occupy It at this point I S the Sate School side of the road, 15 in time, U's 4scenl to McKinney Stow Baptist Church 16 MR.LAGELBRECHT: Well,the question is that to Ftews the zoning of the currcm property. it is 17 1'11 ask Mr. Donaldson,if that's not spt�.ifiatly stated 17 sumoondod on mail sides by Apkultural. There 4 a bit I a that they be on the Sate School Road at 30 fat 1 a of Light Industrial that abuts it in the Coma and,of 19 intervals,they could be anywhere. 19 course,tirx Is Single-Family on the other side of 20 MR.RISHEL: I thought I did state that they 20 McKinney, tier tae some pictures or the proper, This 21 would be on the Sate School Road in an Interval of 33 to 21 is a pkliue of de property as it locks from McKinney 22 40 fool. 22 Streit Baptist Church. Like I said,rather areal at this 23 MR.ENGELBRECHT: Oh,okay. 23 point if you eat we than,there are the t v.,C that 1 24 MR.RISIIEG t'm sorry if I didn't make that 24 a err talking about. This Is a pic hut kiokl:a south from 25 clear. I appreciate your clarification, 25 McKir..icy. This is McKinney Sued Baptist Church. This Page 62 Page 64 1 MR.ENGLLBRECHT: All right, Okay. I didn't t is really the only structure or any Importance along this 2 bear that part. That's fine. Great Thank you. Okay. 2 south side of this stmo or McKinney et this point In 3 Any other discussion? In that case,Is everyone c',ar on 3 time. And it's,like I said,directly to the east of the 4 dr motion with the conditions? Okay. Very good. In 4 property. And this Is the property across the street, 3 that casc,all in favor of the mcrion please raise your 5 across McKinney which Is aonod Agricultural and as of yet r 6 hand. Opposed same sign? 6 undeveloped 7 SIR.MORBNp Opposed, 7 The applicant Is proposing a complex of a MR.ENGELBRtClit: Motion arrics 6.1, And I 8 between 206 and 218 units for senior living. Tires would f 9 should tell you I do know until further notice we're 9 be Independent living It would not be like a nursing 10 voting by hand this evening, They're working on the 10 home or asalated living. The people who live here will I I equipment Okay, We have•. I I live indcpc'ndaitly. Then will be some amenities such as 12 MR.RISHEL: chairman,even though it's mot 12 a raauront•style dining room which will serve one meal a 13 quite 7:00 o'clock•• 13 day,which is optional, Tbere will be a small convenience 14 MR.E`OELSRFCHT: would you like t0 take a 14 store,a beauty calm sun exercise room,swimming pool 13 break now because 1 suspoct the next ease coil l take more is Tlere will be social sad rocreational programs and 16 than Stn minutes. 16 scheduled transportatiar services. These will all be 11 MR.RISImu Thank you. 17 provide Ito the residents, ArA of count,we lelieve Is MR.ENcitumCIIT: All right, We will at this 18 that the dining room service and convenience store, salon r 19 time take our 30-minute break, 19 we all Incidental to the primary uses but we did put a A 20 (Dinner cow break taken) 20 eortditloo In the zoning addressing that Just to to ' ' r' 21 MR. ENGELBRECHT: okay, We am back from 21 ourselves. v 22 break. We will continue with out public hearings this 23 The property as-•we had originally tome a 23 evening taking up with Item No. 10,which is to hold a 23 trip,estimated trip perteration based on a typical 24 public hearing and consider mildng a recommendation to the 24 apartment complex and the trip generation was through the 2$ City t'cuncil concerning the rezoning of approximately 103 115 roof, Port m*ly,and we thought that this was lot right PLANNING AND ZONING OCTOBER 27, 1999 Page 61 - Page(4 43, f r ' I I � I "[l1 lOL'YOLI'dIWN31F1lLfil,ti D<.rlQi.fif 8111 ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON,TEXAS,PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT 12 (PD.]2)ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO OFFICE CONDITIONED (O[C]) AND COMMERCIAL CONDITIONED (C[C])ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4.701 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF INTERSTATE 3SE AND STATE SCHOOL ROAD; PROVIDING FOP.A PENALTY IN THE MAXIMUM AMOUNT OF$2,000.00 FOR VIOLATIONS THEREOF; FROVIDWG A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.(Z-99.076) WHEREAS,Goodwin and Marshall, Inc„on behalf of Physician Reliance, L.P.,has asolied for a change in zoning for 4,701 acres of land located at the southwest corner of Interstate 35E asA State School Road from the Planned Development 12 (PD•12)zoning district classification and use designation to an Office Conditioned(0[c])zoning district classification and use designation for the northern 2,535 acres of said property and a Commercial Conditioned (C[c]) zoning district classification and use designation for the southern 2,166 acres of said property; and WHEREAS, on October 27, 1999, the Planning and Zoning Commission recommended 1 { approval of the requested change in zoning; and 1 WHEREAS, the City Council finds that the change in zoning will be consistent %ith the 1998 Denton Plan Policies and the 1999 Growth Management Strategies and Plan and will provide for a sensible and compatible arrangement of land uses;NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ' SECTION 1. That the zoning district classification and use designation of the 2,535 acre property described in the Iegal description attached hereto and incorporated herein as Exhibit A Is changed from the Planned Development 12 (PD-12)zoning district classification and use designation to an Offce Conditioned (0[c]) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton,Texas,subject'o the following conditions: 1. Lighting on the property shall be designed and maintained so as n)t to shine on or otherwise disturb adjoining property or to shine and project upward to prevent the diffusion into the night sky. 2. Mw%imum allowable floor area shall be 25,047 square feet,which Is a floor to area ratio of .23:1, 3. All buildings shall be constructed with a 100%masonry exterior. A, 4. Canopy trees shall be planted along the property's frontage with State School Road at 35' to 40' on center to mitigate noise and lighting impacts. 44. f I l'KLMYOII JIWID[aNaca Orrwr4yrw ntw+ryw d SECTION 2. That the zoning district classification and use designation of the 2.166 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from the Planned Development 12 (PD-12)zoning district classification and use designation to a Commercial Conditioned (C[c]) zoning istrict Oassification and use designation under the 8 8n comprehensive zoning ordinance of the City of Denton,Texas, subject to the following conditions: I. Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb adjoining property or to shine and project upward to prevent the diffusion into the night sky. 1. Hours of operation for display lights shall be dusk until 9:00 p.m., with the understanding that security lights will operate from 9:00 p.m. to daybreak. 3. Maximum allowable floor area shall be 21,721 square feet,which is a floor;o area ratio of .23:1, 4. Uses shall be limited to General Retail,Office and Auto Sales and Service uses. 5. No public address system shall be installed as part of site operations. 6. Canopy trees shall be planted along the property's frontage with State School Road at 35' to 40'on center to mitigate noise and lighting impacts. SECTION 3. That the City's official zoning map is amended to show the change in zoning district classification SECTION 4. That any person violating any provision of this ordinance shall, upon conviction,be fined a sum not exceeding$2,000,00. Each day that a provision of this ordinance is fI violated shall constitute a separate and distinct offense, 1 SECTION 5. That if any section, subsection,paragraph,sentence, clause,phrase,word,or provisions of this ordinance shall be adjudged invalid or held unconstitutional, the svne shall not affect the validity of this ordinance as a whole or part or provisions hereof, other than the part so decided to be invalid or unconstitutional,and the City Council of the City of Denton,Texas hereby declares it would have enacted such remaining portions despite any such validity. SECTION b. That save and except as amended hereby,all the sections,sentences,clauses, and phrases of PD 12 and Ordinance No. 84.83,as amended,of the Code of Ordiwces of the City of Denton shall remain in full force and effect, SECTION 7. That this ordinance shad become effective fourteen (14) days from the date of its passage,and the City Secretary Is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle,a daily newspaper published in the City of Denton, Texas, within ten (10)days of the date of its passage. Page 2 45. L � t, PASSED AND APPROVED this the day of , 1"g. JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY BY: f'Y�i ✓ 1 i i i r 46. Page 3 i 1 EXHIBIT A I PROPERTY DESCRIPTION BEING it 2.535 acre tract of land in the M.E.P.& P.RR Company Survey,Abstract No.950, situated in the City of Denton,Denton County, Texas and being a portion of Block 8 of Wimblelon Village,Phase 111,an addition to the City of Denton,Denton County,Texas as recorded in Cabinet B, Page 349 of the Plat Records of Denton County,Texas(PRDCT), a portion of said tract of land also being described in deed to Physician Reliance Network,Inc.as recorded in County Clerk's Document No.95-R0040143 of the Real Property Records of Denton County, Texas(RPRDCT)and being more particularly described as follows: BEGINNING at a 112"iron pin found at the westerly most northwest comer of said Block 8 of Wimbleton Village,Phase III,said iron pin being the southerly end of a right-of-way cutback line at the intersection of the east right-of-way line of State School Road(called 100'RAW.) with the southwesterly right-of-way line of Interstate Highway No. 3513(iH-35E)(called 300' R.O.W.): THENCE N 71046'48"E along the said right-of-way cutback line,a distance of 109.61 feet to a capped 1/2"iron pin set near a disturbed wooden right-of-way marker at the northerly end of said right-of-way cutback line; THENCE S 55'13'20"E along the said southwesterly right-of-way line of IH-35E and the northeasterly line of said Block 8, at 130.16 feet,passing a 112" iron pin found at the northerly most corner of said Physician Reliance Network, Inc, tract,continuing a total distance of 283.80 feet to a 112" iron pin found in the southwesterly right-of-way tine of said IH-35E and the northeasterly line of said Block 8,said iron pin also being on the northeasterly line of said Physician Reliance Network, Inc. tract; THENCE S 47015'56"E, along the southwesterly line of said Hi-3513 and the northeasterly line , of said Block 8 and the northeasterly line of said Physicians Reliance Network, Inc.tract,a distance of 118,14 feet to a capped 1/2" iron pin set in the northeasterly line of said Block P, said iron pin also being in the southwesterly line of said 111.3513; THENCE departing the southwesterly right-of-way line of said IH-35B and the northeasterly line of said Block 8 and the northeasterly line of said Physicians Reliance Network, Inc.tract the following; S 42 044'04" W,a distance of 157.36 feel to a capped 112" iron pin set; N 55113124"W, a distance of 236.69 feet to a capped l!2" iron pin set; N 84°4613" W,a distance of 78,37 feet to a capped 1/2" iron tod set in the west line of said Block 8, said Iron pin also being on the said cast right-of-way be of said Slate A, r; School Road; 1' f THENCE N 05°13'47" E along the east right-of-way line of said State School Road, a distance 47. dill r t: r. 1 -1 I i . r f i I of 255.71 feet to the Point of Beginning and containing 110,406 square feet or 2.535 acres of land,more or less. 1 I i I 48. i N • �a•.�'ri'r�•��•Ma���wr1��Y }� ��! f r�r''� �� q E�a��x'anmasfixar�ssnnsaaea +it 5 ' f Ifi r • cm.v (a�99 a tXMTtA ZOW3-VO-it WWI 11 16 o YM Rt • 1 n_ .. -r� . rnrrMrR• A palm K=� �• � � ...�..+._.. ` • 1 •trial •r • MA ra ti w�}�.�.r +• ru•r+rir w 11M � d N • •'°11ri • iw..nr r Il�wall• 11M mm • rrr I s Y."..�'•.5,7': Kr�r-•rr.•.r•ro Awl1U[f M►m OtT M MNIfK f1111111f CnIMJY,71QA1 I K•M•aw M1.1•,I_I t t EXHIBIT H PROPERTY DESCRIPTION { BEING a 2.166 acre tract of land in the M.E.P.&P.R.R. Company Survey,Abstract No. 950, situated in the City of Denton,Denton County,Texas and being a portion of Block 8 of Wimbleton Village,Phase III, an addition to the City of Denton, Denton County,Texas as recorded in Cabinet B, Page 349 of the Plat Records of Denton County,Texas(PRDCT), a portion of said tract of land also being described in deed to Physician Relinnce Network,Inc.as recorded in County Clerk's Document No. 95-R0040t 43 of the Real Property Records of Denton County,Texas(RPRDCT)and being more particularly described as follows: BEGINNING at a 1/2" iron rod found at the easterly most northeast comer of said Block 8,said iron pin also being the northerly most northwest comer of Lot 3 of Lots 2& 3,Block A of the McNatt Addition, Phase Two,an addition to the City of Denton as recorded in Cabinet A,Page 244(PRDCT), said iron pin also being on the southwesterly right-of-way line of Interstate Highway No. 35E (IH-35Excalled 300'R.O.W.),said iron pin also being at the most northeasterly corner of said Physician Reliance Network, Inc. tract.- THENCE S 42 046'40" W.departing the southwesterly right-of-way line of said Ili-35E,along the east line of said Block 9 and the east line of said Physician Reliance Network, Inc.tract and the west line of said Lot 3 of the said McNatt Addition,Phase Two,a distance of 180.30 feel to a 1/2"iron pin found; THENCE S 04°4612" W,along the east line of said Block 8 and the east line of said Physician Reliance Network, Inc.tract and the West line of said Lot 3 of said McNatt Addition,Phase Two,a distance of 176.26 feet to a 112"iron pin found at the southeast comer of said Physician Reliance Network,Inc. tract; THENCE N 84 050'46"W,departing the west line of said Lot 3 and the east line of said Block 8, along the south line of said Physician Reliance Network,Jim%tract,a distance of 382.06 feet to a 1/2"iron pin found in the west line of said Block 8, said lion pin also being on the east right-of-way line of State School Road (called 100'R.O.W.); THENCE N OS°i 3'47"E, along the east right-of-way line of said State School Road and the west line of said BIock 8 and the west line of said Physicians Reliance Network,Inc, tract, a distance of 270.17 feet to a capped 1/2"iron pin set in the west line of said Block 8, said iron pin also being in the cast right-of-way line of 0 State School Road; THENCE departing the cast right-of--way line of said State School Road and the west line of said Block 8 and the west line of said Physician Reliance Network,Inc.tract the following; S 84046'13"E, a distance of 78.57 feet to a capped 1/2"iron pin set; i S 55°13'24" E,a distance of 236.69 feet to a capped 112"iron pin set; N 42 044'04" E, a distance of 257.36 feet to a capped 1/2" iron pin set in the northeasterly 50 . I i line of said Black 8,and the rronheaslerly line of said Physician Reliance Network,Inc. tract, said iron pin also being in the southwesterly right-of-way line of said IH-35E; THENCE S 47°l S'56" E along the said southwesterly right-of-way line of IH-35B and the northeasterly line of said Block 8 and the,a distance of 62.23 feet to the Point of Beginning and containing 94,349 square feet or 2.166 acres of land,more or less. 51. c N w �i�'�'�'•�'�"9rrr + p r 1l/ • I r _ at- WIATNA -M ra:rx:�tss�rsx�atia�r � �T.rrwr OONUTOW tXrSTW.2 PD-0 law, ml bil, zommmamT • . 1 T��liS.�MI � 1 1 R . r lIU1/■ ' SAM .r1.Ilrrr 11/•r•n wl. rr�1�.�.r . r•r QOOONQII 1U}. A ►AA M.r M r ' I taj'"i''�•1I�t w. 1 r.w�.�1C"r � �]4�fl��.�-- AMIIIACT!1�M I.•1 :r 1 wu� nrw..r . (S11 f►IIMIK IMIIIII TfAMl.llbfAA x'1.11. y,y,•yµ•14•r/�YY Irnw•.Iw1 .. rrer+ll AGENDA INFORMATION SHEET Agenda No, Ager>da>tetn 2B Date 11 I AGENDA DATE: November 16, 1999 I, DEPARTMENT: Planning Department CNI(DCNVACNI: David Hill,349-8314 It ECC -Z-99-078: (Arrington Addition) Hold a public hearing and consider a Detailed Plan for a Planned Development(PD-178) zoning for a district. The 1.29 acre property is located at 3020 Country Club Road. The Proposal zone change from light industrial(LI)to a Planned Development District to build a duplex on the lot. The Planning and Zoning Commission recommends approval (7.0). (Z•99-078, Arrington Additiun) i HA h ,RONNUR The applicant has requested to rezone this property from a Light Industrial (LI) zoning district to a Planned Development (PD-178) for a two family use. Currently, there is a structure on the property which is being used as a duplex. The applicant is proposing to build a second duplex on the lot. ➢ The subject property is locate in a Light Industrial(LI) zoning district created by Ordinance G9-OS. The proposed development is consistent with all of the policies of the 1988 Denton Development Plan(DDP)as applicable and many of the 1998 Denton Plan(DP) Policies(see Attachment 1 -Comprehensive Plan Analysis section), i Ten property owners were notified of the zoning request,Two responses have been received in favor of the request,there have been no Ietlers of opposition. PRIOR ACLMNLUY EA '[he following is a chrnnolugy of Z-99-078,commonly known as Arrington Addition: Application Date- scptcrnbcr 28, 1999 DRC Dalc(s)- October 7. 1999 t r ' . P&Z Dale- October 27, 1999 r ST11 Af TED PROTECT SCl EDS71. a The subject property will need to be platte prior to any development. r a ` c+ FISCAL 1NFORNIXTION Development of th;s property will Increase the asa;essed v Cue of the city, county, and school �' + district. As a form of infill development, no extension of public Infrastructure is necessary to service [his site. RECOMMENDATION The Planning and Zoning Commission recommends approval(7-0)of this zoning request. I OPTIONS 1, Approve as submitted, 2. Approve with conditions. 3. Deny, 4, Postpone consideration. S. Table item. ATTACHb1ENTS 1, Planning and Zoning Commission Report, October 27, 1999, Z-99-078, 2. Planning and Zoning Commission minutes from October 27, 1999. 3. Draft Ordinance. Respectfully submitted: Doug Powell Director of Planning and Development Prepared by: L ha Pewwr Plann r 2. r 1 I I I , ATTACHMENT 1 i PLANNING AND ZONING COMMISSION STAFF REPORT Subject: Arrington Addition Case Number: Z-99.078 $ttit(: Charles R. Fenner Agenda Date: October 27,1999 PURPOSE Hold a public hearing and consider making a recommendation to the City Council regarding a Dolailed Plan for Lot 1, Block 1 being B.8.8. & C.R.R. Company Survey. The property Is gancrally located on the west side of Country Club Road south of Hobson Road, The property Is currently zoned Light Industrlsi (LI) and the applicant Is requesting a Planned Development District for two two family uses on the property. %?r I7 11✓, o y42i .'41 [yj( .rr� l�1 S Krum jo -4-1�o � a i SITE /P [ Pmae ` '. LL_ Jr a�� _ Snkar Snore I Lk ' r 1 k�. 'I G CorMln LN e ( � , kM9e � 44.r l. .♦ Hickory C to LOCATION MAP , Location: 3020 Country Club Road Size: 1 29 acres 3. i. 1 f I 1 V I GENERAL INFORMATION Applicant, Audra Alice Arrington, Trust Owner Pauline Arrington, Trustee 3020 Country Club Road #3 3020 Country Club Road Denton, Texas Denton, Texas 76205. PLANNED DEVELOPMENT ZONING PROCEDURES Planned development zoning distdets(PD)are intended to provide for the development of land as an integral unit for single or mixed use in accordance with a plan that may vary from the established regulations of other zoning districts for similar land uses. They are also meant to encourage flexible and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community, and to provide for a development that Is superior to what could be accomplished In other zoning districts by meeting one or more of the following purposes: (1) Provides for the design of lots or building; Increased recreation, common or open space for private or public use; berms, greenbelts, trees, shrubs or other landscaping features; parking areas, street design or access; orother development plans,amenities or features that would be of special benefit to the property users or community; (2) Protects or preserves topographical features, such as trees, creeks, ponds, floodplalns, slopes or hills; or (3) Protects or preserves existing historical buildings, structures, features or places. DETAILED PLAN - This plan is the final step In the process and is required prior to any , development. For smaller tracts or where final development plans are otherwise known prior to rezoning, the detailed plan may be used to establish the district and be the only required plan in the planned development process. It will contain Information specific to the site. ` All detailed plans should be in substantial compliance with landscape, sign, subdivision and other regulations of the Code of Ordinances. When concessions from these regulations are requested by i a developer, there needs to be corresponding benefits that merit deviation from those regulations. SUMMARY OF 7:)NING REQUEST The applicant is requesting a Planned Development zoning district classification for the 1.29 acre property located at 3020 Country Club Road. The proposal is to build a second duplex (two family A use)on the property, f il, The proposed Detailed Plan meets the requirements for a Detailed Plan as Identified in Section 35.176 of the Code of Ordinances. 4. 4 t 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP)shows this area to be within a Low Intensity Area, These areas are Intended to be developed primarily for single fa„i4y residential development. Neighborhoods are to be serviced by a network of small commerciallretail centers spaced at about % mile Intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas Is restricted to 60 trlps per day per acre In order to balance land r.ae with road capacity, Staff finds the proposed zoning to be consistent with both the policies and trip intensity standards of the 1088 DDP (see Enclosure 6), 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) Is to be used in conjunction with the 1988 Denton Development Plan in evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed zoning to be consistent with the policies of the 1998 DP (see Enclosure 7), SPICIAL INFORMATION 1, Transportation A. Trip generation The proposed development would generate approximately 38 trips per day if built out with two duplexes or 4 dwelling units. This Is 39.2 fewer trips or 50.6 percent less than the allowed trip generation In a low Intensity area. Table 1. Proposed Land Use Trip Generation Lend Use Average Trtp Proposed Acres Estimated Lots Total Trip Generation• Density or 8 , Ft. Generation Duplex(2•F) 9,55 tripsldu/day 4.0 dulac 1.29 1 38,2 DDP Allowed Trip Go trips/daylacre 1.29 71.4 Generation _ f Difference .39,2 • 5e cuiefions provided by fhe Institufe N Transpodalion Enginoors, 1991, B. Access Access to the subject property is directly off Country Club Road, v I S. 4 1 t. C. Road Capacity Country Club Road is identified as a secondary major arterial road by the 1996 Denton Mobility Plan. This road Is designed to be a four (4)lane undivided street without parking, providing four (4) lanes of through traffic. As such, its designed traffic capacity allows for a tolerable traffic flow of up to 14,900 trips per day. Country Club Road is currently constructed with 2 lanes wfthout parking. The most recent traffic count for Country Club Road indicates that there is adequate capacity to handle the calculated trips that could be generated by the proposed development. A traffic count near the subject property(within 500 feet)totaled 6726 trips per day. D. Pedestrian Linkages Sidewalks along the frontage of the subject property will be required. 2. Utilities This site has access to existing water and sanitary sewer lines (see Enclosure 3): 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary plat. The study must Include calculations of the 10(, year storm for all drainage areas on this property and any area that drains towards this property. The developer must Indicate the method by which the run- off will be carried across the property or stored on the property, 4. Signs As per the sign ordinance. 5. Off-Street Parking New development must provide parking according to the regulations of Chapter 35(35.301)of the Code of Ordinances. The total number of parking spaces required by any one development Is a factor of two spaces per dwelling unit. I 6, Landscaping This property will have to comply with the new Landscape Code, which requires fifteen (15)trees (r". per acre and 20% planted area. 6, C• 1 I i f F7. Environmental Quality Impacts gative environmental impacts have been Identified. PIIQPERTY,HISTORY, ,. �YilifY� January 14, 1969 —The subject property was placed in the tight Industrial (LI)zoning district and land use classification by Ordinance 69-01 (see Enclosure 2). The subject property is not platted and would need to be platted prior to any development. PAKIC NOTICE Notice of the zoning request was published In the Denton Record-Chronicle on October 17, 1999. 10 property owners within two h1j,)dyed feet Here mailed legal notices and 33 residents within five hundred feet were sent courtesy notices Informing them of the request (see Enclosure 5). As of this writing, there has been two responses In favor of the request. RECOMMENDATION y p The proposed Detailed Plan meets the requirements for Detailed Plan as Identified In Section 35.179 of the Code of Ordinances Staff recommends approval of Z-99-078. i MOTION I move to recommend approval of Z-99-078. ALTERNATIVES t. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial 4. Postpone consideration. 5. Tvble item. ENCLOSURES r 1, Delailed Plan 2, Zoning Map A, 3. Utility Map 4. Denton Mobility Plan Map i 5. 200'-500' Notification Map F:k L= NEI7. A , 6. 1988 Denton Development Plan (DDP) Policies 7. 1998 Denton Plan (DP) Policies (2 pages) 8. Graft Ordinance { I r l �r a IN r Ir IN r 77 M j4 y g I nid-M QtlOM011,11r C,MT 1�11�Y�10 a �+F 1 r • . 1 i I � � °i o �s � I • } • • �� ! wWA 1 � e C o �� I DEFAILCD PLAN ro.e v M" ` �* teml "� ARRI�`�ADDI LION IY1 am A". ww wm I'm N en d ORIp N mm oft" VA i N r XAL y � i► 1 r ENCLOSURE 2 Z-99.078(Arrington Addition) NORTH SITE A I/ 1111 I11 • j _�w ol�l � J r E LI ZONING MAP Agenda Date: October 27, 1999 Scale: None 9 . ENCLOSURE 3 Z-99-078 (Arrington Additlon) NORTH SITE 1 i *v UTILITIES MAP • Hydrants i -- Water Line (W.L.) �— • -- Sewer Line (S. L.) (A' Agenda Date: October 27, 1999 3caie: None l I c� ENCLOSU$E d m Z-99.078 (Arrington Additlon) NORTH SITE 1111 ► 11 oil i i II i I � I DENTON MOBILITY PLAN MAP Freeways Primary Major Arterials Secondary Major Arterials Collectors !� I Agenda Date: October 27, 1999 Scale: None 11. 4 t� i ENCLOSURE 5 y� Z-99.078 (Arrington Addition) NORTH u _ i / JIM QIIIIf]SITE / f - Limit 200'Notiflcat n Limit of 300' Notification 200' - 500' NOTICE MAP A, C Or� Agenda Date: October 27, 1999 Scala: None 12. 1 t� c ENCLOSURE 6 I i Will. The 1 o,rn Development Plan(DDP)shows this area to be within a Low Intensity Area. These areas are intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small commerciaUretail centers spaced at about A mile Intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas is restricted to 60 trips per day per acre in order to balance land use with road capacity. Staff finds the proposed zoning to be consistent with both the policies and trip Intensity standards of the 1988 DDP. The table below provides a summary of the 1968 Denton Development Plan policies applicable to this project: Denton Development Plan I Policy Analysis Summary j Low Intensity Area Development Rating vs. Policy POLICY COMMENTS Inconsistent Incontsisteit consistent Intent. Trese areas represent primary housing areas within the Gty. x Intensity. To be conystent with the Allowed intensity•60 tnp;+av! Plan,a d"Icloment should not exceed its Allocated Intensity,. 71.1 trlpslsite allocated Intensity, x Site Man Cor". Strict property development control within 400 feet of existing kw density residential areas, I x TrM Design. Access should be provided to ensure that mulh-fanily or nonresidential uses have access to collectors or larger arterials with no dared access through resldenbe streets, x tepart Space. Sufficient green space, recreational facilities and dversity of parks are provided, x PLMIc Parlldpatlon, Input Into planning by neoloortiood associations and coun04 Is encouraged, x land Use DlvarNty. Non-residential and multi-famly devcopmint Is encouraged to a Mmit+d degree. x Manuhcturad Housing. This form of single-family housing may be cornpatitile with developments In the low Intensity areas subject to conditions, x Strip Commardal, Any form of continuous strip conureroal N strongly discouraged Wor near low Intensity areas. x At 13 . t i II I I ENCLOSURE 7 1998 Denton PIAUI' 6P P,611161 li AW b; The 1998 Denton Plan(DP)Is to be used in conjunction with the 1988 Denton Development Plan in evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed zoning to be consistent with the policies of the 1998 DP. The table below provides a summary of the 1998 Denton Plan Policies applicable to this project: Denton Plan Policy Analysis Summary Development Rating vs. Polity CATEGORY POLICY inconsistent '`A 1pPA i. Consistent Transportation. Compliments Denton's Long-Range Thoroughfare Plan. X Promotes Amess hwnap rnent Practices x Cptlmites operations for emergency service providers and otter pudic service provider. X Promotes pudic transportation system. -..X Contributes to the Denton Trails network. -: X Starmwater Drahuisic Prot"100-yea Roodplain areas In accordance with Denton's watershed management plans. x Conforms to local subdvlsion regulations, x Contributes to regional detention fatllitks. x' Provides for natural riparian environment along Roodptaln. !( '.... upgrades 6Ong substandard drainage systems as Irdill and redevelopment occur. .. x Water and Develops and maintalns properly and private Wastewater. infrastructure, x Creates oppaNnity rnr overgrng wafer and wastewater + Imes to meet future development demands. X i Provides review or proposed water and wastewater InrrasVudure to ars re pudic safety and health, X Promotes Inrill Improvements over new Nne extensions, x Electric. Provides underground eiednc service for new residential and nonre0dental development. x Solid Waste. Promotes efrcknt access to an development for sold waste sera delivery, X Parks and Recreation, locates parks W recreation Wlites In accordance with the Parks and Recreation Strategic Plan. x Enhances parks and recreation opportunities for residents. Preserves floodplaln for parks and open space to aid in Roodpiain conservation efforts. x Maws comdning of parks with other pudic facAibes to achieve cost effective dePvery of pudic services. x Residential development dould dedicate land or fees In lieu of land for neighborhood parks x r A Envh onmental Quality. Promotes preservation of natural resources Integrates environmental protection with economic i growth and community development, 14. Denton Plan Polky Analysis Summary Development Rating vs. Policy CATEGORY POLICY h Apace aorwscent Nalphborbooda aaI ne=and cmrwity Wtkx kr Encouragea a r*hn of land uses Cwt beneAt residents F' ROWS and preserves odstrg nely borhOO& Aortxitla tatyde and pedestrian tratlk vathln between nelghtx>rfaoda to reduce vehkulx DIPS Houdng. "des a rope of wj*v types Cwt appeal to dlfetrg "Ife' etonomk and irdoldual Aft-sloes. and offers a vs"of 01404ft*lot alaes,bkfdrg s n% "rINW t J! Preserves Mating ho A ft lmkrdng of mWle iZ* kmases Irmo Moudrg opp*Uffles s Eoonoonk eonbibutes to a*VV and doers w bcal canonry by DN**katlon. Inaessing employment curd o pandkg th!tax bane Oowmmant Enc u*M I*rgovemm W coordnaow to"Ade oosttRective pudk fervlces. Urban Design, Addresses o ffmAty appearance In a dompretwntlre a k..;,: i, rtwnner. b , NvefNFAS arc Wural appearance of txA erMmmw NetghWrt ood kA developmerd ftJd be compabbla wth exlabng land uses and bull*% .} . Protect and prrserves Oetftnt srdtlted^cultural and hbtorkal reaourm Enhances N appearom along rajw enhandeNOya. y4 ,,y, •° "notes the preservarm of bees and landsupng, t' Pubilc inv*(venwnL Rovkey rn opmrturdy for publk opkrbn during the canning proses x I I i i j 'A . C 15. +. t t � ATTACHMENT 2 Page 121 1 MR.WILLIANS: n was at the alter. It was 1 currently zoned Light Industrial and the applicant is 2 bcf said,I do. 2 requesting a Planned Development district for a two family EN, S R. „LBArc uT: Okay. Are there any o 3 use. At this time I'll open the public hearing and ask 4 co I will•• 1 am going to vote somcwh 4 Mr. Fenner to provide us with the staff report. 5 re ucta or this. I like a number of aspects. 5 MA FENNER: thank you,Mr. Chair. The I 6 we have oct with the County and the St do 6 property is located at 3020 Country Club Road which Is j 7 number of is all coming together attempt' o provide 7 Just south of Hobson Drive or Hobson Road actually. The 8 a better f busing for s segment of ulation 8 property consists of 129 acres. Currently it has an 9 that I really mould use It,could a late it. 9 existing duplex on the property. The request is for a 10 And that's on aide. 10 zone change from Light Industrial to a Planned I I It's on Ding to be f at l I Development. You'll we there's a reduced version or the 12 least,at Seals a four- and v nly,too, 1 12 detailed plan In your packet. 71V applicant wants to 13 think it's not going to ry 1 fore they go to 13 build a second duplex on the property here in the back. 14 work on McKinney S oodrow on out. So this Is 14 This is Country Club Road right here and here Is the 15 going to be a four-lane s ich actually could be 15 existing duplex. The proposed duplex will be back here 16 good or bad depending ou want to view these 16 and,basically,approximately 1 believe ten foot from the 17 senior drivers. And U tting 17 property line,which Is the setback. I8 The densit scion 13 a b coDoer n for is It's consistent with the 1998 and 1998 19 me. I feel like rr Is probably n We probably 19 M eloprnent Plan 1 sent out, I believe,ten public 20 rill have a OWV traffic Intensity many of 20 notices,two legal notices. We got two responses back. 21 these are Ding to be Just SS but many are 21 This portion right in here in favor of the request. We 22 Sol 65 and plus. They're going to ix the 22 have no opposing to the request. if the zoning is 23 Security recipients, not all orthem neee 23 approved du applicant will have to plat the property. 24 t a good portion. And that will keep the trip nu 24 They will be attending the DRC in the morning now for a 25 down. 2S preliminary and final plat for development of the Page 122 Page 124 1 1 do think this is a pretty good location 1 property. Staff recerrmtends approval. 2 it's not that far rrom downtown. NIX t 2 MR.ENGELaRECHT: Commissiontrs,are there 3 Is c, I Wicve,going to be on the mass 3 questions for staff? Appears not. Thank you, Is the , 4 route will be good, And it's not too m the 4 petitioner or petitioner's representative present? S downto and some other facilities oxlunatcly, 3 MR.FENNER I'U pun the zoning map. You can 6 it's not a v cnvitonmcni to w local r<tail 6 see the existing zoning ihis is Light Industrial at the 7 shops and I'm re it ever will aving said that, 7 time,the property here and Light Industrial around the 6 1 will shut up. A else? I cue,if there are 8 property. 9 no other questions, n is••1 don't know. 9 MR.tsarmEmT: Good evening. Would you l0 Are we working? We hould be able to vote, The 10 Rl-.t us your name and address fa the record, I I vote carries,6•I. 1 t Ms.ARRINcrnw Good evening to all the ladies 12 Ms oa' opposed 12 and gentleman of the Council, I'm Pauline Arrington. I 13 MR RfCHT commis Ott want to 13 live at 3020 Country Club Road, And I'm asking for a 14 lake fry es before we••yes,vie Wn ve U change from the back pad of my property,Light Industry I S mI ix minutes before we move onto 13 to a two family dwelling. I plan to live in one or them 16 16 MIL E'NGEI.6RECHT: Okay. Commissioners,do you 17 (Break taken) 17 have any questions? W you r%-side them tight now? 18 SIR.LNGELaRECHT: We will continue our session Is Ms,ARANGTGN: I live In ore of the triplex. / 19 this owning and move onto Agenda Item No, I I which Is 19 MR.ENOLLBRECHT: Oksy. There's a trl•plex up A, , ro to hold a public hearing end consider making a 20 front and you're going to put a duplex in the back? f f 21 recommendation to the City Council concerning a detailed 21 Ms.AAA M04: Yes. 21 plan for a Planned N-velopmenl for 129 acres, The 22 MR ENGELDRfCHTr I have one question. flow do 23 property commonly known as 3020 County Club Road 03 Is 23 you plan to orient the duplex? Will the front of the 24 generally located on the west aide of Country Club Road 124 duplex face the back of the other structure? 2s south or l lob” Road or Ilobson Lane. The property is 125 Ms.ARAINomm Well, the landscaping will PLANNINO AND ZON]NO OCTOBER 27, 1999 Page 121 • Page 124 16, c � Condernultno Page 125 Page 127 1 take care of that. 1 don't mind looking at the back of my I MA.FENNEtI okay. Badeally,them are tome 2 garage. 2 existing gnutures hem residential tins all up and 3 MR.ENGELBRECHT: will they have some sort or 3 down right here and this area,too. 4 a front yard is what I'm asking? 4 MA ENGELBRECHT: And the toning? $ MS.AAAINGTON: Yes,yet. Yet. 3 MR.FENNER: lberc's a Planned Development 6 MR ENGELBRECHT: And the gerag s for the 6 right here,Planned Development 47. The Light Industrial, 7 duplex will be sort or on the side or In the back? 7 of course,Is the--what the current zoning Is or the 6 Ms,ARRTNGToN: For the duplex,it will be at a property and then hero In the back where there are ionic-- 9 each end. 9 1 believe there's sonic industry right in here. And On 10 MA.ENGELBRECHT: Okay. All right. lust 10 this shows to be an AS zoning but them are residential 1 I drive straight into it off the driveway there. Okay. I I structures light In here. So they do mound the 12 Ms.ARAINOTON: I have the plans if y'all 12 properly. 13 would like to sec the plans. 13 MA ENGELBRECHT: All right. Okay. Hold on 14 MA.ENGLLBAECHT: 1 don't think it's 14 just a momeoL That concludes the rebuttal period and, 15 necessary. Any other questions? Thank you very much. 1$ therefore,I'm going to close the public hewing, And do 16 Ms.AAR1NGTo& 7bank you. 16 you have any final mrmarks? 17 MA.ENGCLR RECHT: Is them anyone present who 17 MR.FENNER: Just recommend approval. IS would like to speak in favor of the petition? Anyone Is MR.ENGELBRECHT: okay. I think we have folic 19 present to speak in favor of the petition? to that case, 19 questions. Ms. Apple. 20 Is there an3,ornc present to speak in opposition of the 20 MS.APPLE: Ijust want to make the point that 21 petition? Anyone present to speak in opposition to the 21 those Wo residential slnlcturcs to the south arc also 22 petition? I do have one card from Edwin 0.Fulton 22 duptexc%arc they not? 23 indicating opposition, Does not wish to speak but he did 23 MR. FENNFR 1 believe I know—I think one 24 make some remarks, Taking land out of Light Industry for 24 of them Is. And I drove by them pretty quick. 25 Plannal Development puts toe much pressure on 25 MS.APPLE: They don't look like it but they Page 126 Page 128 1 businessftndustry seeking permits,el cetera. Allow I arc, 2 Planned fslvclopment to locate In Light Industry without a 2 MR.F&NNEIL they're very,very nice. 3 roning change. And Boeing no other opposition and there 3 Ms.APPLE: They look like homes but those are 4 was one card, them is an opportunity fee rebuttal If 4 duplexes. And then Just to the north,those are S you'd like to make any remarks with regard to that, S four•plexes. 1 Just want to make that point. 6 MR.lusltrLt Point of cttrincation, Mr, 6 MR.FENNFIL Right. Thank you. 7 Chairmon. Was the card from someone within a specific 7 Ms.APPLE: You're welcome. I area that we Would have scnl notice to legally? 8 MR.EN'OE12RECSIT: okay. Are there any other 9 MR ENGELPRECHT: No,no 3100 Fora Worth 9 questions,comments,or a motion? Mr. Rishel. t0 Drive. 10 MR.AIsHEL: Motion, I move to recommend the I I MR.RISIM0 But It's nothing within a 1I approval of Z-99.078. 12 200-foot radius or anything like that? 12 Ms.APPLE: second. 13 MR. LNGLLBRLCIIT: Not even within S00. 13 MR.ENOELBRECHT: R's been moved and seconded 14 MA. Rise teL: Thank ymn, Mr.Chairman, 14 to recommend approval. Ms. Oourdie,you're light Came on is MR. LNGVAWC2IT: You Can respond to the card IS just about the time that the Motion was made. I 16 iryou'd like, A Ms.owstriin Ttat'aokay. 17 MA.ARRINOTON: lit only thing••everything 17 MR.ENO@t mew: lid you have a comment? 18 around me Is one family dweiting or condos or such like 11 Ms.ox ote: va,i did. 1 just have a r 19 and i don't think•• 19 question concerning Is there any kind of masonry A, 20 MR. LNOLLBRECHT: III tell you what,we'll 20 mqulrrments on this in any way,shape,or form or should 21 ask her. Fenner to review the zoning around it fa us. 21 we just let it comply with how the real of the 22 Thank you 22 neighborhood looks? What would y'al I-I just was 23 Mr. Fenner, if you would,as part of that 23 bringing that up. 1 wasn't awe if I taw it In here. 24 just review the zoning around the site In question,If you 24 MR.FENNER: we didn't have that as a condition. 23 woutd point those out. 23 MIL ENOELBRma: I don't think there was a PLANNING AND ZONING OCr0BBR 27, M9 Page 125 • Page 128 17. Wall C ' COndenselt"' Page 129 Page 131 j condition and there's a tremendous mix out there or brick, I Ma.FEWER: Thank you,Mr.Chairman, The 2 woad. 2 PrA is located on the southeast corner of Fort Worth 3 Nis.ARRQ=N: se's going to be white brick. 3 Drive east of the }cast east of the Sante Fe 4 Sts.GOURDIE: okay,with white brick on this 4 Rallwallkisically,adjacent to the railway. The S new duplex. Brick and masonry facade according to her. 5 is an t to the existing PO,the PI 6 I'll make a friendly motion or whatever. 6 Nvelop the detailed plan,Pmss. IF. 7.62 7 MR.RIsut.: t'II accept that. I'll accept 1 acres and plicant's requesting change be 8 that as a friendly motion. 8 made from a ti-family to a si 'ly. The original 9 MR.ENGELORECHT: That it be masonry? 9 plan has IS to A 60 dwelli its. Tlr new plan 10 MS OOURDIE: YCS. 10 will have 40 10 Ingle- Uses, so 11taC it is I 1 M.S.APPLE: The whole thing? I1 docrraw In densi pr tely 30 percent. The 12 MR ENGEt.BRFCHT: I think that's what she's 12 property will have t atted from the current 13 planning anyway. Who Wooded? 13 configuration that it's I now. 14 NIS APPLE: I did. But can wr ask because 1 14 Basically, out six notices,legal IS don't want to•• I$ notices and we res in favor of the notice. 16 NIX RISHLt: she said that. 16 Everything has reased on as rat as traffic, 17 MR.ENGr-LEIRFCKU Yeah,that's what she sold, 17 tr p generati d density. The real density I 18 SIR.RIS11Et: white brick. IB believe w units approx(ma rn units an sere 19 MR.FENNER: Are you planning on having it all 19 and it's down to five units per taff 20 brick? 20 recd approval. 21 MS ARRINGTON: Yel 21 ERGELaRFCHT: COnlrrtiSSI Ou have 22 MR.FNGELnRECIIT: Ut She's planning on 22 questi ror scoff? Thank you, Mr. Fenner. 23 having all brick. 23 petit' +r or petitioner's reprcxntative present? 24 MS.APPLE: If that's all right with hN 24 MA CAMERON: My name Is We R, C 25 Arrington, it's all right with me. 25 2300 Highland Village Road, Highland Village,Texas 'm Page 130 Page 132 1 SIR LYGLLHRLCHT. Yeah. Okay. So now at have I hen saver any questions you might have. S 2 that one condition of all brick. All sight. Any otha 2 report complete Is I've ever seen in 23 of 3 discussion? Yes. Mr.Williams,did Puu have s quntion7 3 develop S. 4 SIR %H I tAMs, I Was just kind or pondcaing. 4 M CLORECHT: CommiSSi any S I con anpaildn with drvelnpers,putting conditions on 5 questions? the detailed pla cs,these would 6 dn:lopa/who••to make a profit but de Anrrkan dream 6 be 75 percent 7 is to We your own honsc and to put three kind or 7 MR CAM . Yet,Sir, 8 constrictions••dese resvktions on a hastoowner who Is 8 MR. ENGEL it: Titc I stiuctures are 9 trying to make the conununity better,vying to have lieu 9 considerably less th not? 10 own hams I think is a little bit facetious. 10 MR.CAMERON: 'e no brick requirements 11 Sts oocarnr sic said she was doing it. It's 11 whatsoever. 12 just lv surds put In writing. 12 MR ENGFLRREC w they have none. !) StR Ssc�ttt L, shy do it den? 13 MR.CAMERON: not 73, no. ! 11 MR I;vuP.t HRL(Yit. Any oOxr discussion? to !/ MR. EN'GELBR .1 1 you have put Some IS that case,voce,pkaw Motions carrin hnanimousty. 15 on there, 16 Sts A"Notu!4. thank you very much, 16 MR.CAME out we on 'ring the Ilf 17 17 builder to put 7S ton ibex tieve that's 1, 18 the largest,? r 19 coati a rocd"mendetian to City eau aiding 19 MR E7: REfti1'r ills OIhM•• iced that I, 20 a&Uilcd plan nettle+ sing 20 in Bent Crock Is no Internal Comm . Isom 21 7.6-plus acres located on S.Ifigbway 377 21 any inside Iha K all? sr 22 and ilt Santa F' ,well of lied 22 MR EROM No. But if you'll I t 23 plan con W for s!ngk-Rmily use. 23 hers,It's a 2 park that we dedicated. love 24 ii M1n de public(raring Ind ask Mr.Fenrrr b 24 more cotton spas for the overall chars most anything in 25 provide us with the staff report. 23 the City, PLANNINO AND 'ZONING OCTOBER 27, 1999 Page 129 • Page 13; 18. ATTACHMENT 3 t I ORDINANCE NO. I AN ORDINANCE OF THE CITY OF DENTON,TEXAS,PROVIDING FOR A CHANGE FROM A LIGHT INDUSTRIAL (LI) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD-178) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.29 ACRES OF LAND LOCATED AT 3020 COUNTRY CLUB ROAD AND APPROVING A DETAILED PLAN;PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-078) WHEREAS,Pauline Arrington, on behalf of the Audra Alice Arrington Trust,has applied for a change in zoning for 1.19 acres of land from Light Industrial(LI)zoning district classification and use designation to a Planned Development (PD-178)zoning district classification for a two family use and designation;and WHEREAS, on October 27, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning is consistent with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan;NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1, That the zoning district classification and use designation of the 1.29 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from a Light Industrial(LI)zoning district classification and use designation to Planned Development(PD-178)zoning district classification for two family use and designation under the comprehensive zoning ordinance of the City of Denton,Texas. SECT10 U. Exhibit B,attached to and Incorporated Into this ordinance by reference, is approved as the Detail Plan for this district and shall be subject to the following additional condition: 1. The exterior of the buildings to be constructed shall be of brick or masonry SECTION 3. That the City's official zoning map is amended to show the change in zoning district classification, SECTION 4. That any person violating any provision of this ordinance shall, upon ! r, conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. 19. � A u SECTION S. That if any section,subsection,paragraph, sentence,clause,phrase,word,or provisions of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or pan or provisions hereof,other than the part so decided to be invalid or unconstitutional, and the City Council of the City of Denton,Texas hereby declares it would have enacted such remaining portions despite any such validity. i SECTION 6. That this ordinance shall become effective fourteen(14) days from the date of its passage,and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice In the Denton Record-Chronicle,a daily newspaper published in the City of Denton, Texas,within ten(10)days of the date of its passage. i PASSED AND APPROVED this the day of , 1999, JACK MILLER MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: I HERBERT L P DUTY, CITY TTORNEY BY: l7 i � Page 2 20. a C . I EXHIBIT A q i ALL THAT CERTAIN LOT,TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE 82 B.8 C.R.R.Co. SURVEY,ABSTRACT NUMBER 189 CITY OF DENTON, DENTON COUNTY,TEXAS;BEING ALL OF A CALLED 0.85 ACRE TRACT DESCRIBED IN A DEED TO AUDRA ALICE ARRINGTON RECORDED IN VOLUME 2375 PAGE 748 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS.AND BEING ALL OF A TRACT DESCRIBED IN A DEED TO AUDRA ALICE ARRINGTON RECORDED IN VOLUME 2400 PAGE 708 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY,TEXAS,ALSO BEING ALL OF A CALLED 0,120 ACRE TRACT DESCRIBED IN A DEED TO AUDRA A.ARRINGTON RECORDED AS WD93-77445 REAL PROPERTY RECORDS DENTON COUNTY,TEXAS,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN W IN CONCRETE FOUND ON THE WEST LINE OF FARM MARKET ROAD 1830 ALSO KNOWN AS COUNTRY CLUB ROAD,SAID POINT ALSO BEING THE SOUTHEAST CORNER OF SAID CALLED 0.85 ACRE TRACT; THENCE SOUTH 80 DEGREES 58 MINUTES 00 SECONDS WEST A DISTANCE OF 313.43 FEET TO AN IRON IRON PIN FOUND; THENCE SOUTH 89 DEGREES 58 MINUTES 12 SECONDS WEST A DISTANCE OF 83.04 FEET TO AN IRON PIN FOUND FOR CORNER; THENCE NORTH 00 DEGREES 30 MINUTES 13 SECONDS EAST A DISTANCE OF 289.54 FEET TO AN IRON PIN SET FOR CORNER; THENCE SOUTH 40 DEGREES 42 MINUTES 00 SECONDS EAST A DISTANCE OF 24.18 FEET TO AN IRON PIN FOUND FOR CORNER AT THE NORTHWEST CORNER OF GRAYSTONE VILLAGE AN ADDITION TO THE CITY OF DENTONAS SHOWN BY THE PLAT THEREOF RECORDED IN CABINET C SLIDE IP2 PLAT RECORDS DENTON COUNTY,TEXAS; THENCE SOUTH 00 DEGREES 33 MINUTES 47 SECONDS WEST WITH THE 1WEST , LINE OF GRAYSTONE VILLAGE A DISTANCE OF 109.99 FEET TO AN IRON P+N FOUND FOR CORNER; THENCE NORTH 80 DEC9EES 38 MINUTES 47 SECONDS FAST WITH THE SOUTH LINE OF GRAYSTONE VILU'.GE A DISTANCE OF 357.23 FEET TO AN IRON PIN FOUND ON THE WEST LINE OF FARM MARKET ROAD NUMBER 1830; THENCE SOUTH 00 DEGREES 35 MINUTES ib SECONDS WEST NTH THE WEST LINE OF FARM MARKET ROAD NUMBER 1830 A DISTANCE:OF 145.70 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 1.29 ACRES OF LAND. OF it •:; f.. .,,► .. .. METT I r A4 �. GARY Ti „�5 .. l 3 ! /.'`• REGIS DIRO 5I AL'-""—•= LAND SURVEYO �,,�, ' ' v�{O ' OE1'El�?b�NTRENEW L . .. CO: 411TT E I.I I u ! ere a W W � ra..n M oft R R R rr..w1 aeM Nr eRI .�11 w 1�w 11 w rwetiw we eN ry eNw1, eN ry M M M twaat mrq Udwfll'YM %LL wQfOr nv■ �ir�ru r°� 6v& w4m ro-AY !a � FFF r r I ur� r � � I / � � telao '�• 0� v y . fe I err ua � 4t I DETAILED PLAN ' r°`9 v �► ^ / :m•A• ARRINGTON ADDITION ■ s � r�l �° /-' ' can 1 M A t ■mr 1 ' ILL 1 uR 0~A&M.AAUMV MMM M --63Ti'dlil`— air Q aN rw o mrrr, ttw mt HAMMfF do ASH INC. G i AGENDA INFORNIATION SHEET a9end3 No. •vSl A;enda itom Mr '" Data .` AGENDA DATE: November l6, i999 DEPARTMENT: Planning Department CM/DCNIlACNI: David Hill, 349-8314 S.UJULU-Z-99-079(Bent Creek Estates): Hold a public hearing and consider a Detailed Plan for an amendment to Planned Development (PD-35). The 7,626 acre property is generally located on the comer of U.S. Hwy 377 and the Santa Fe Railway, west of F.M. 1830. The proposal is to at,rend the original Detailed Plan for (PD-35) from a multi family use of 15 lots with 60 dwell ng units to a single family use consisting of 40 lots. The Planning and Zoning Commission rxommends approval(7-0). (Z-99- 079) BAC,KKGRQM The proposal is to amend the original Detailed Plan for PD-35 from a multi-family use of I S lots with 60 dwelling units to asingle-family use consisting of 40 lots.. Currently, the approved Detailed Plan allowsl5 lots and 60 dwelling units, The subject property is located in a Planned Development(PD-35) district which was created by Ordinance 81.79,on September I, 1981. i The Detailed Plan was appro�cd by Ordinance 97.205 on]uly 15, 1997, The proposed development is consistent with all of the policies of the 1988 Denton Development Plan (DDP) as applicable and many of the 1998 Denton Plan(DP)Policies(see Attachment I - Comprehensive Plan Analysis section). Y Six property owners were notified of the zoning request. One response in favor of the request has been received. PRIOR ACTIO,N/RFVIFW The rollowing is a chronology of Z-99-079, commonly known as Bent Creek Estates: Application Date- September 28, 1999 DRC Datc(s)-- October 7, 1999 r' fir .; rr P&7. Dale- October 27, 1999 ESTIMATED PROJECT SCIIEpU: E The property will be replatted prior to any development. u � FISCt,I, INFORNtaTrnx Developmcnt of this property will increase the assessed value of the city, county, and school district. It Hill raquire no shot-term public improvements that are the responsibility of the city. RECOMMENDATIOiY The Planning and Zoning Commission recommends approval(7-0)of this zoning request. orrtolvS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. ATTA 'HM M I. Planning and Zoning Commission Report,October 27, 1999,Z-99-079. 2. Planning and Zoning Commission minutes from October 27, 1999. 3. Draft Ordinance, i Respectfully s �mitted: Doug Po ell Prepared by: Director of Planning and Development t'harC s R. Fenner / Planner 2. i I 1 I I ` i s ATTACHMENT I PLANNING AND ZONING COMMISSION STAFF REPORT Subject: Bent Creek Estates Case Number: 7.-99-079 Detailed Plan %aj: Charles R. Fenner Aaenda Date: October 27, 1999 PURPOSE Hold a public hearing and consider making a recommendation to the City Council regarding an amendment to the Detailed Plan for a Planned Development (PD-35) encompassing 7.626 acres located on the southeast corner of U.S. Hwy 377 and the east corner of Santa Fe Railway, west of F.M. 1630. The Detailed Plan consists of 40 lots for single family use. , ri rL S • Krum I } ^ T JJ � ♦ r , i u 'y. a ( — T S a . zl SITE t 1 P Csr t I J _'•....t S, 1 � 6rver Snore i 1 I r or 04,i r,,� � �-IT.1 cohm LOCATION MAP Location: The corner of US Hwy 377 and the Santa Fe Railway Size: 7.626 acres 3, t r` i GENERAL INFORMATION .� �77 NO i Applicant: D.R. Cameron &Associates Owner: Same as applicant. I Doyle and Marie Cameron 2300 Highland Village Texas, 75077 PLANNED DEVELOPMENT ZONING PROCEDURES'.., ,, Planned development zoning districts (PD) are Intended to provide for the development of land as an Integral unit for single or mixed use in accordance with a plan that may vary from the established regulations of other zoning districts for similar land usFs. They are also meant to encourage flexible and creative planning to ensure the compatibility of la ?d uses,to allow for the adjustment of changing demands to meet the current needs of the community, and to provide for a development that Is superior to what could be accomplished In other zoning districts by meeting one or more of the following purposes: (1) Provides for the design of lots or building; Increased recreation, common or open space for private or public use; berms, greenbelts, trees, shrubs or other landscaping features; parking areas, street design or access; or other development plans, amenities or features that would be of special benefit to the property users or community; (2) Protects or preserves topographical features, such as trees, creeks, ponds, floodplalns, slopes or hills;or (3) Prctcsts or preserves existing historical buildings, structures, features or places. There are three (3)types of plans that may bo used in the planned development process; concept p;an, development plan and detailed plan. i DETAILED PLAN • This plan is the final step in the process and Is required prior to any development. For smaller tracts or where final development plans are otherwise known prior to rezoning, the detailed plan may be used to establish the district and be the only required plan In the planned development process, It will contain Information specific to the site. All detailed plans should be in substantial compliance with landscape, sign, subdivision and other regulations of the Code of Ordinances, When concessions from these regulations are requested by a developer, there needs to be corresponding benefits that merit deviation from those regulations, SUMMARY OF ZONING REQUEST ;i't'i , The developer Is requesting an amendment;o the Detailed Plan for the Planned Development(PD-35) zoning district classification for this 7.626 acre property to develop 40 single family residences. The original plan designated this property as multifamily use which consisted of 15 lots with 60 residential ' A , units. The amendment represents a 33% decrease In density, ! I .� The proposed Detailed Plan meets the requirements for a Detailed Plan as identified In Section 35.176 of the Code of Ordinances. I c. I .CQMPREHEN$IVE PLAN ANALYSIS 1988 Denton Development Plan Analysis j The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area These areas are Intended to be developed primarily for single family residential development, Neighborhoods are to be serviced by a network of small coir.rerciallretail centers spaced at about %a mile Intervals with direct access to a collector type street or Ibrger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas Is restricted to 60 trips per day per acre In order to balance land use with road capacity, Staff finds the proposed zoning to be consistent with both the policies and trip Intensity standards of the 1988 DDP (see Enclosure 6). 1998 Denton Plan Policies Analysis Tne 1998 Denton Plan (DP) Is to be used In conjunction with the 1988 Denton Development Plan In evai.lating the consistency of proposed development with the long range vision for the city. Staff finds the proposed zoning to be consistent with the policies of the 1998 DP (see Enclosure 7). SPECIAL. INFORMATION ;-'' ' w. i 1. Transportation A. Trip generation The proposed development would generate approximately 382 trips per day if built out with single family residences. This is 74 fewer trips or 18 percent less than the allowed trip generation in a low intensity area. The approved multifamily detailed plan would generate 395 tops per day (reference Table2), The new plan would result in 13 fewer trips or 3 percent less trip generation. Table 1. Proposed Land Use Trip Generation Land Use Average Trlp Average Density Acres Estimated Lots Total Trip Generation' or 3 . Ft. Generation Single-Family(SF-8) 9 55 Iripsldulday _ 53 7.6 _ 40 382 DDP Allowed Trip 60 trips'dayacres 7.6 456 Generstlon Difference -74 'CelcufeHons provided by fhe lnshlufe of Aanrpafefion Engineer, M1. Table 2, Proposed Land Use Trip Generation Orlglflal Plan i A Land Use Average Trip Average Density Acres Estimated lots Total Trip /t". Generation' or S . Ft. Gonerar,,+n ./t Apartments 6.59 trips/dulday 7.9 1 76 1 80 395 w 1 0 I i h e 8. Access The development Is proposing access off of Mosscreek Road which intersects with U.S. Hwy 377. C. Road Capacity Fort Worth Drive/US Hwy 377 is Identified as a primary major arterial road by the 1998 Denton Mobility Plan. This road is designed to be a six(6)lane undivided street without parking, providing six (6)lanes of through traffic. As such, its designed traffic capacity allows for a tolerable traffic flow of up to 27,900 trips per day. Fort Worth Drive is currently constructed with 2 lanes without parking. The most recent traffic counts for Fort Worth Drive Indicate that there is adequate capacity to handle the calculated trips that could be enerated b the proposed development. A 9 y P po P traffic count just south of this property Indicated 6,237 trips,per day, D. Pedestrian Linkages All fronting and interior lots will be required to have a 4'sidewalk at the time of home construction on each lot. 2. Utilities This site has access to existing water and sanitary sewer lines(see Enclosure 3): 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary plat. The study must include calculations of the 100•year storm for all dralnage areas on this property and any area that drains towards this property. The developer must Indicate the method by which the run- off will be carried across the property or stored on the property, 4 Signs As per the Detailed Plan. S. Off-Street Parking New development must provide parking according to the regulations of Chapter 35(35.301)of the Code of Ordinances. The total number of parking spaces required by any one development is two spaces for each unit. S. Landscaping it This property will have to comply with the new Landscape Code,which requires fifteen (16)trees �(' per acre and twenty (20) percent of all surfaces to remain pervlous (plantable area). Individual owner-occupanis have the right to exempt themselves from these requirements. {i c r t 7. Opun Space and Recreational Areas This development donated a 20 acre park site southwest of the development along U.S. Hwy 377. B. Environmental Quality Impacts No negative environmental impacts have been identified, PROPERTY HISTORY January 14, 1969 — The subject property was placed In the Agriculture (A) zoning district and land use classification by Ordinance 69-01, September 1, 1981-The subject property was zoned to a Planned Development District PD-35 for a multi-family use by Ordinance 81.79. July 15, 1997- The Detailed Plan was revised by Ordinance 97-205. The subject property will need to be replatted prior to any development. i PUBLIC NOTICE Notice of the zoning request was published In the Denton Record-Chronicle on October 27, 1999. 8 property owners within two hundred feet were mailed legal notices and 51 residents within five hundred feet were sent courtesy notices Informing them of the request(see Enclosure 5). As of this writing, there have been no responses (see Enclosure 6). [RECOMMENDATION ' The proposed Detailed Plan meets the requirements for a Detailed Plan as Identified In Section 35.176 of the Code of Ordinances. Staff recommends approval of Z-99-019. MOTION fI I move to recommend approval of Z-99.079. r ALTERNATIVES 1, Recommend approval as submitted. 7, u 2, Recommend approval with conditions. A 3. Recommend denial, 4. Postpone consideration. 5. Table Rem. 1. Detailed Plan 2, Original Detailed Plan(Reduced) 3. Zoning Map 4. Utility Map 5. Denton Mobility Plan Map 8. 200'-500' Notification Map 7. 1988 Denton Development Plan (DDP) Policies 8. 1998 Denton Plan (DP)Policies (2 pages) 9. Draft Ordinance i r I 8. o � i i , uab rti wti.ww,Y wY kh 1 d♦ r �• •, / \ �\a \vat.. �� �. y�♦` �y\\\L,{� �( ,\ ♦� • '� v Y /�rr 1V a a1UV■u ftk1 pb:L M/Y \l \ � a 1-♦I/ �M1♦ ♦. .� �,Yf^' �� .'„ f1` L' � .. Y �« • • A �•' AlviNA xiK to hr, x: � � " ' \ \ � � f „•' BENZ CREEK ESfAfES PHASE IM 1111 m -46\At/ o \ d! MY 0 111.11A.A.t/.IWIV,.11rA.lt M0.W Off 04 A MA",NNO go i7l$',�•�"�i1aAr �7v +•a ar,wrry «w, . vv ��MIwYM Y!. wvr.YY AU ri t ENCLOSURE A. In Is 1 is , .,.I Id L. 1 � j �' I 2 � '� • 1 � . ' � I , u► F .J . : rAyl I . � I � Il • t a.Ji Y . ► . r, � i ;`' ..►. 'lGj. ' � •I\ .. ��It [ i i . .•Ti� I�f , , i,•, (•, ` v ilk 1 h3ndSA�I� . P I ! , J' I �,'•. t r I 'ICrt Ji `. �A I.Y 1;A A r . Q i } e , 111 r NI i f 111 His „ 10. , i I ` c t ENCLOSURE 3 Z•9"79 (Bent Creek Estates NORTH rn II i } a i'OF Tj OF SIT' • d? OF i ZONING MAP Agenda Data: October 27, 1999 kale: None u l �I ENCLOSURE 4 , Z-99-079 (Bent Creek Estates) NORTH i --- 1ti I �\ g UTILITIES MAP Hydrants • Water Line (W. L.) r r ` A Sewer Line (s. L.) ,(j,`• Agenda Date: October 27, 1999 Stale: None 111 °NCLOSUM S Z-99-079 (Bent Creek Estates) NORTH i all �• SI t EE DENTON MOBILITY PLAN MAP Freeways Primary Major Arterials Secondary Major Arterlals A Collectors ' ' i i Agenda Date: 00 ober 27, 1999 scale: None 13 , t v _ f ENCLOSURE 6 0* NORTH Z-99-079 (Bent Creek Estates) all SITE Um of 02 0 FOOT � fl `tlon _ z L Its of 500 FOOT . No fication 200-500 FOOT NOTICE MAP Agenda Date: October 27, 1999 Scale: None 0 ENCLOSURE 7 The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Ma. These areas are intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small commerclaVretail centers spaced at about A mile Intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within law Intensity Areas Is restricted to 60 trips per day per acre In order to balance land use with road capacity. Staff finds the proposed zoning to be consistent with both the policies and trip Intensity standards of the 1988 DDP. Th 3 table below provides a summary of the 1988 Denton Development Plan pollcies applicable to this project: I Denton Development Plan Polity Analysis Summary Low Intensity Area Development Rating vs. Policy POLICY COMMENTS Irconsistep Inconsistent consistent IntwB. These areas represent primary housing areas within the City. x I Am ty. To h consistent with the Allowed intensity•456 hips/ace PIV,a d t should not exceed its Allocated Ntenslty.362 tripysite Intensity. x Sla Nan Control. Strid property development control within 1,600 het of existing law density residential areas. x Traffic Design. Access should be provided to ern ire that rnotl•far*or non-residential uses have access to co lectors or larger arterials wfth no drect access trough residential streets. x open Space. SAclent green spacer rtaeabonal fooribes and rive"of parhrs are provided. x PjWk Participation. Input into planning by neipoburMoel associations and councils is encouraged. x 1 Land the olveraity. Non-resldenrat and t mu01-farnily development is encouraged to a Mmited degree. x '.. MmAectured Houaing. ThIs%m 1 d single-fam0y arousing may be corrgabble with developments In the law Intensity areas subject to condition. x %Wp Commarctat. Any"of continuos strip n wcedai Is strongly dsoouraged Wor near low Intensity areas. x I r I 15. 1 a ENCLOSURE 8 1.9 !06fiton PM bP POW# ' A1 Is ; The 1998 Denton Plan(DP)is to be used In conjunction with the 1988 Denton Development Plan in evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed zoning to be consistent with the policies of the 4998 DP. The table below provides a summary of the 1998 Denton Plan Policies applicable to this project: Dcaton Plan Policy Analysis Summary Development Rating vs. Policy CATEGORY POLICY i inca scent A01ci e';, Consistent i Transportation. Compliments Demon's long-Flange ThorpgMarc Man. x i Promotes Access Management Practices x Opbmiies operations for emergency service providers and i other pudic service providers. x Promotes pudic transporlatlon system. X Contributes to the Denton Trails network x +� Stonnwater Drainage, Protects 100-year floedp M areas In 9=ddnce with Denton's watershed management plarx. ° x Conforms to local subdvFxon regulations. x i Contributes to regional detention facltties x Provides for natural rlpanan environment along floodoaln. x Upgrades exl5li g substandard dralnage systems as Infill and redevelopment occur, x Water and Devetcps and maintains property and private Wastewater. Infraarudure, x Creates opportunity ror oven iWng water and wastewater lines to meet fore development demands. X Provides review of proposed water and wastewater infrastructure to ensure public salary and health, x Promotes rnllll Irwavements over new line eeerWons. X Electric, Provides underground electric service for new residenUal and nonresidential development. x WW Waste. Promotes of cent acres to all develcpment for sold waste service delivery. x Parts and Reerestlon. Locates parks and recreation fadWes In attadance wdh the Parks and Recreation Strategic Plan, x Enhances parks and recreation optwrhrnities for residents. x Preverves floodplaio for parks and open wace to aid In Aoodplain conservation efforts. x Allows corribring of parks with oMer pubic faWides to adr:eve oosl effective delivery of public snrvkes x Residential devetopmem Mood dedcatt land or fees Im r r a lieu of land for nerghbrfaoel parks. x .A, r Envlronmantel f:ualiry. Promotes preservation of natural resources. x Integrates enrironmental prbtecbon with economic growth and community development. 16. I it l Denton Wan Polky Analysis Summary Development Rating vs, policy CATEGORY POLICY , N a �pdiade CartrL�erd M906 thooa. Rvvlda amen m pudk and enmKnoty tatlNhe for a reskkrttlat neiphborttooes. t�.. X Encourage a e wre of land tees that W*ft reddmft X Prttkb end preserves oftng rteftltboAtoodt €. , x Debic�ei oel�glxMO�mree,oetrWaAer Dips j x ecortornk aMWMh&A jKr .met appeal m dtthrlrtq ' ;�p, x Mrs a of sIngWfw*la stns txildhtg slns4 std onoe ranges x Preserves odtrp housing,htdudng afladalrle t DWng. tnaeases w troustng oppor "Ift x a�ic ConbIh tes m a strong and dm*W bat ecvo"by keels"erow"ore end oryandng the tax base. Gov«mtent. Encourage mard MOM to provkle 1 Mt-effeahe pul*serukes Urban 0*09m A tessm cYr rxndty appearance In a cwVrdtenslve x DkrWhe ardJtectral appearanoe of tank envtronnt t N Vbxhood haul devekWrwtt"Ad be con podhle veldt edstktq fete uxa and bulkartgs, x Avbeds and preserves DwWI amoral,oARW and " r Nstorkd reaarces. Enhance U*appearance along major entranceways. ftmotes ate pi eservetbn of heel and lartd+IOpiM We IftvNement ftvkks an oWAAty far pudk aptnton during the ptanNng mcea. X - � /try ' " r�enu�r, 17 . t I i ATTACHMENT 2 ..S� 44, Page 131 1 condition and there's a urmcodous mix out there of brick, 1 MR.FENNER: Theistic you, Mr.Chelrrr= She wood. 2 properly is located on the southeast comer of Fort Worth MS.ARRINGTOM We going to be white b 3 Drive and east of the••just east of the Sante Fe i 4 MS.GWRDIE: okay,with white brick on 4 Railway,basically,adjacent to the railway. The request S duplex. Brick and masonry facade accordi her. S is an amendment to the existing Po,the Planned 6 make a friendly motion or whatever. 6 Developmen%the detailed plan, P 133. Basically,7.62 7 MR.RISHEL: IT accept Ihal. I'll ecoept 7 acres and the applicant's requesting that the change be 8 th a friendly motion. 8 made from a multi-family to a single-family. The original 9 • MR.EN'GELBRECHT: That it be mawniry? 9 plan has IS lots with 60 dwelling units. The new plan e 10 S GWRDIF: Yes, 10 will have 40 lots for single-family uses, s,; there is■ 11 APPLE: The whole thing? I1 decrease in density of approximately 30 percent. The 12 M S'GFLBRECIIT: I think dial's wha 's 12 property will have to be replattcd from the current 13 planning an' Who secon"? 13 configuration that it'd in right now. 14 Ms.AP I did. But can we ask se 1 14 Basically,we had sent out six notices, legal 15 don't want to•• 15 notion and we had one response in favor of the notice. 16 MR IUSHI U . said that, 16 Everything has decreased on the plan as far as traffic, 17 MR ENGELBRE Yeah, that' t she said. 17 trip generation and dcosity. The original density 1 Ill MR.RISHEL: White 18 believe was seven units,approximately seven units an acre 19 MR,EEN'NER: Are you g on having it all 19 and it's now down to five units per acre. Staff 20 brick? 20 recommends approval. 21 MS.ARRINGTON. Ycs 21 MR.ENGM.BRECHT: Commissioners,do you have 22 SIR ENGEt,BRECH s. She's p on 22 questions for staff! Ttwrrk you, Mr. Fenner, Is 23 having all brick, 23 petitioner or petitioner's representative present? 24 ISIS.APPL at's all right with Ms. 24 MR CAMERON: My name is Doyle R. Cameron, 25 Arrington,it's right with me. 23 230011igMand Village Road,Highland Village,Texas. I'm ge 130 Page 132 1 MR ES'GELBRBCHT yeah. Okay So now w e 1 here to answer any questions you might have. Staff's 2 "1 ondition of all brick. All right Any o 2 report is as complete as I've ever seen in 23 years of 3 discuss Yes. Mr.Williams,did you base a ion? 3 developing lots. 4 A I tAMs: I war just kind of pon 4 MR E-NGELBREC07: Commissioners,any 3 1 can empathic dmciopas,putting con s on S questions? As I read the detailed plan notes,these would 6 devck`pers who— ke a prufil but the lean dream 6 be 15 percent brick? 7 is to hale your own h. nd to put d of 7 MA CAMERON: Yes, air. 8 constrictions••dese res s on• who Is 8 MR.FNGELSRECHT: The current structures are 9 trying to make the communi y ins to have their 9 considerably less than tha4 are they no? 10 own borne 2 think Is a link bit 10 MR CAMERON: They have no brick requirements I I Ms omikole she was it. It's 11 whatsoeser. 12 just ber words put in 12 MR ENGEIBRECH7: 1 know airy have noire. 13 sot.xaNT. y do It then? 13 MR CAMERON: And they're not 75,no. 14 MR £. RtCIM Any other discuWar? 14 MR.ENGELBREC'HT: No, But you have put some 1! 15 on there 16 16 Me.CAMERON: But we are requiring the 17 MR tNGELBRr.CHT Thank you We will move on 17 builders to put 75 percent on these and I believe that's is then to hum No. 12 is to hold a public bearing and I8 the Iargest,I agree. r 19 comnkr making a recommendation to City Cowtcil regarding 19 MA ENGELBRECHTr The other••I noticed that A 20 a detailed plan for Planned Development 35 encompassing 20 in Bent Creek there Is no Internal common space, Is there / 2h 1.6-plu5 acres located on die cotter of U.S.Highway 377 21 any Inside that area at all? 22 and the Santa Fe Railway,%-At of Fmiom The detailed 22 MR.CAMERON: No. But if you'll look right 23 plan consists of 4o lots for singkrfamily use. AI this 23 here,it's a 25-acre park that we dedicated. So we have 24 time,I'll open the public bear ng and ask Mr.Fenner to 24 more common space for the overall than most anything in 23 preside us with the staff report 25 the City. PLANNING AND 'ZONING OCTOBER 27, 1999 Page 129 • Page 132 18. a / L� Condcasellim Page 133 Page 135 1 MR.ENOELBRELTIT: 71he queeticn I had about I Iny Commlisba Ruk s and Procedures as adopt J by 2 that Is,is there an access plan fa that? How did 2 February the 26th 1997. Mr.Dona 3 they•• 3 DONALDISM Thank you Mr. i 4 MR.CAMERON: Yrs. We show a 40-fool buffer 4 backu ve provided you the proposed to to the 3 zone here and it goes to thO park that's right here, Now, S rules 111.4 By gave yoRt fn A suggested 6 we escrowed monies for the Parka Drparlment to build the 6 changes f 1 of the Commis:' or your review. 7 rest of the walk that will go to tot park whenever they 7 Nds Fbarcut ing hike to achieve of coesensua. A get ready to build the park. But trey didn't want a walk 8 We mae st forward 7's Information 9 going to someplace that they haven't developed. But we 9 any I p C Just to keep them 10 have the money escrowed to build the walk eDeighl to the 10 apprixd of whet n ps give them aoate 11 park. i I guidance. SO have a so making recommendations. 12 MR.ENGELBRECHT: Okay. In that 40-foot l2 changes to the p then we also provided the 13 right-of-way Out there? 13 rules riot were n February of 1997 whkb are 14 MR.CAMERON: Yes,sir. 14 the current its s. 15 MR.ENGELBRECHT: Okay. TT=k you. Any other 15 MR ornments7 We might just 16 questions' Okay. Thank you. Is there anyone present who 16 go down rules t the 6th Any 17 would like to speak In favor of this petition? Anyone 17 arnmenls regard to staff p tion,all The 18 present to speak In favor of the Wition? In that case, 18 propo would be a of th oe tninut s; 19 is thtae anyone present to speak in opposition to the 19 staff p brit Introduction Doty, with P&Z 20 petition? Anyone present to speak in opposition? Seeing 20 timi rocodural matters until after Ate 21 no opposition,the mbuttal period I+r waived and the 21 Ms.Apple, 22 public hearing is closed. Mr.Fenner,any-• 21 ass APPLe I Just lute One suggestion 23 MR.FESTER: Recommend approval. 23 I'm pretty eomfenabk as I had already 24 MR.ENGELBRFCHT: You've got the fastest staff 24 proposed rules. But one tdng I know tk 25 report on record. 25 Won had discussed at a previous workshop,w Page 134 P 36 1 MR.Rimirt.: 'two of them. 1 laic to just romind COmmlasltn ers about wh ch 2 MR ENGELBRECHT: Two of them in a row, 2 lid tie time Is U dune Is a question about a 3 MS A?PLE: And we appreciate It. 3 p trio and you know In advance Nt i 4 MR.SICNEILL: we already like hint 4 going to t question,you might do as 5 MR.DONALDSGN. We fed him the easy ones to 3 advised by a do and,you know,call Friday ' 0 start with. 6 and Wednesday your education not the phone 7 MR.ENGELBiIECHT: Any questions for Staff, 7 one- nvne Inswed be taking up ' bare the rest 8 comments,or a motion? 8 dus may know One you're y peon net 9 AIR.1USHLL: Motion. 9 clear. I NA that would 1 bet go that 10 MR.ENGELBRECNT: Yes,air. 10 information In advance. I I MR.1USHL'L: Move to recommend the approval of I I MR.K".L lust a poi ' .cation, t2 Z•99-079. 12 would you—I want 10 get lk 'sake clarifkd. I I MR,MCNEILG second 13 Is that Older 1n age1 14 MR.ENGELBRECHT: it's been wvd and seconded 14 MSAMC well, 117— 15 to recorrtttxrd approval. Any discussion On the oration? I S S.Mq+P�LL: r hat disperi the old 16 MR.DUCE K: Before you vok I want to be Sore 1 16 folks. 17 understand. Is the 75 percent brick In the detailed plan? 17 Ma APP L nybody aloe agrae 7 18 MR.FENNER: Yea. I a MR MLN U Ilsink that's on taecllen l 19 MR.BUCEK: i just wanted to be acre it's on 19 Ides,yeah A 20 here, 20 MR we encoww you to Call 21 SIX EYGELBRECHT: Right. Okay. Vow,please, 2 k Ma. ause,otherwise,it may be just 22 Motion carries unanimously. 22 One lime thing re bury On and were at just 23 21 sitting hoe wbi know,you'm getting a kaming 2 14 eapaknee or . And I know some eNff crates up 2 25 as we're got Is sod I'm trot talking abccl dmL PLANNINO AND ZONING OCTOBER 27o 1999 Page 133 - Page 13( 19 . t r nwmum,m a o.�+wa.rwa.winr ATTACHMENT 3 t i ORDINANCE NO. — AN ORDINANCE OF THE CITY OF DENTON,TEXAS,AMENDING ORDINANCE NO. 97- 205, TO PROVIDE FOR A CHANGE IN THE DETAILED PLAN FOR PLANNED DEVELOPMENT(PD-35),BY APPROVING A REVISED DETAILED PLAN FOR 7.626 ACRES OF LAND LOCATED ON THE CORNER OF U.S.HWY 377 AND THE SANTA FE RAILWAY, WEST OF F.M. 1830; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE.(Z- 99-079) WHEREAS, D.R. Cameron and Associates,has applied for an amendment in zoning for 7.626 acres of land on Planned Development(PD-35)by asking for approval of a revised detailed plan for the 7.626 acres;and WHEREAS, on October 27, 1999, the PIanning and Zoning Commission recommended approval of the requested change in zoning;and WHEREAS, thr.City Council finds that the change in zoning will be consistent with the 1988 Denton Development Plan,the 1998 Denton Plan Policies,and the 1999 Growth Management Strategies and Plan;NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That ordinance 97-205 providing approval of a revised detailed plan for Planned Development No.35 is hereby amended for the 7.626 acre property described in the legal description attached hereto and incorporated herein as Exhibit"A",by approval of a reviW detailed plan as described in Exhibit"B",which is attached hereto and incorporated herein by reference. SECTION 2. That a copy of this ordinance shall be attached to Ordinance No. 97-205, showing the amendment herein approved. SECTION 3. That any person violating any provision of this ordinance shall, upon cc nv iction,be fined a sum not exceeding$2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. That if any section,sub-section,paragraph,clause,phrase,or provisions of Us ordinance shall be adjudged invalid or held unconstitutional,the same shall not affect the validity of this ordinance as a whole or any part of provisions hereof,other than the part so decided to be i invalid or unconstitutional. A. SECTION S. That Ordinance No.97-205,as amended, shall remain in full force and effect, save and except as amended by this ordinance. i 20. G la j SECTION 6. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle,a daily newspaper published in the City of Denton, Texas, within ten(10)days of the date of its passage. PASSED AND APPROVED this the day of . 1449. JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY BY: j 21. Page 2 e . c � EXHIBIT A LEGAL DESCRIPTION WHEREAS,PULTE HOME CORPORATION OF TEXAS,is the owner of two tracts of land situated In the 13.13,13.&C.R.R.Survey,Abstract No.196, in the City of Denton, Denton County,Texas, being part of a 70.654 acres of land,as described in Clerks File No.97•R0055782,in the Deod Records of Denton County, Texas,being more particularly described as follows: TRACT I BEGINNING,at a Yr inch iron rod found at the mo,t northerly of the most westerly northwest corner of Bent Crock Phase f, an addition to the City of Denton, Texas, as described in Volume 0, Pages 85.86 in Map Records of Denton County,Texas and being in the intersection of the south right of wad line of U.S. Highway 377(Variable width R.O.W.)and the north right of way line of Mosscreek Drive(50'R.O.W.): THENCE,North 44°04'42"East,along the said R.O.W. of U.S.Highway 377 and along the north line ofsaid 70.654 acre tract for a distance of 115.00 feel to a Y:inch iron rod found; THENCE South 46 006'03" East,departing the said R.O.W.and along the westerly northeast line of the said 70.654 acre tract for a distance of 634.64 feet to a Y:inch iron rod found,said iron being in the north line of Bent Creek Phase 11; THENCE, South 43°45'39" West,along said north line for a distance of 115.00 feet to a ''A inch iron rod found,said iron being in the North right of way line of Mosscreek Drive; THENCE, North 46°0603" West, continuing along the said north R.O.W. line of Mosscreck Drive for a distance of635.28'to POINT OF BEGINNING and containing 1.675 acres of land TRACT II BEGINNING,at a Y,inch iron rod found at the most southerly of the most westerly northwest comer of Bent Creek Phase 1, an addition to the City of Denton, Texas, as described in Volume 0, Pages 85.86 in Map Records of Denton County,Texas and being in the intersection of the south right of way line of U.S.Highway 377(Variable width R OAV )and the south right of way line of Mosscreek Drive(50'R.O.W.); THENCE, South 46°06'03" East,along said south R,O.W,line of Mosscreck Drive for a distance of 635.56 feet to a°4 inch iron rod found; THENCE, South 34°45'39" West, departing the said R.O.W. along the northwest line of said Sent Crock Subdivision Ph 1,fora distance of 467.67 feet to a''/r inch iron rod found in the North R.O.W. line of She O.C, et S.F.Railroad; THENCE,North 35 02310"West,along the said north R.O.W.line for a distance of 649.09 feet to a''/;'iron rod set,said point lying in the south right of way line of U.S. Highway 377; THENCE,North 44°04'42" East, along the said south right of way line of U.S. H%q, 377 for a distance of 347.00 feet to the POINT OF BEGINNfNO AND CONTAINING 5.951 ACRES OF LAND. At SCHEDULED ON � � ��� jr U, E. v r -p I DEVELCRIEV AU44 PLANNING & OEVELOPt,MENT COMMITTEE 22. i I I I � I ' I �I I I 1 % ! UQUO .1 WL / ti V .I.• •`•+w n.eN' � �,Y' d.. ( `� ' /e �.l'2 iL � ilvYl%11LI01LM 1. r BENt CREEK ESTATES PHASE IV 49 tots ' :i.r..l r.rw r� � . / ,�/ l►l. l,N M11MC110.M l.11d. Kr, C47 or 11" A, 1 .• +,.•Mr.,F+.rYV IfY YMMM•w•,M , •. ♦ .,� ` I,l l••t�0Y 1 kL i M.yW L r WvMw Wri 4 c AGENDA INFORMATION SHEET laendatlo 99 •eXJ Agenda aem M J e Dale— �r•iG . 1� AGENDA DATE: November 16, 1999 DEPARTMENT: Planning Department CAUDCM/ACM: David Hill, 349-8314% SUBJECT–A-96(Silver Dome at Cooper Creek) Hold the second of two public hearings regarding a proposed voluntary annexation of approximately 24 acres located at the southwest comer of Silver Dome and Cooper Creek in the extraterritorial jurisdiction of the City of Denton, Texas. The zoning at the time of annexation will be Agricultural (A). (A-96,Silver Dome at Cooper Creek) BACKGROUND The applicant has requested the property be annexed. The property is currently undeveloped, The developer's stated purpose of the annexation is to incorporate into a proposed single family development. The zoning at the time of annexation will be Agricultural (A),but the developer is requesting a zoning change to One-Family Dwelling(SF-7)under separate petition. The development as proposed will require public improvements. The following is a preliminary ) list of 1%ose improvements which may be triggered by the platting process: 1. Right-of-way dedication ale ng Sih,cr Dome and Cooper Creek. 2. Participation in a future traffic signal at Silver Dome and Cooper Creek. 3. Construction of internal streets. 4. Construction of sidewalks along all public streets. S. Extension of public utilities to service the development. 6. Possible upsizing ofexisting public utilities. 7. Installation of fire hydrants. 8. Dedication of public utility easements, 9. Possible construction or expansion of library services. 10. Development of new parkland, The development, if built out as a residential subdivision as proposed, wuuld be subject to the land dedication portion of the Park Dedication Ordinance (Ord. 98.039). Although an application for platting has not been submitted, if platted prior to annexation the proposed development would he exempt from the park development fees of the Park Dedication Ordinance,because it is located in the ETJ. If it were within the City, park development fees (#187 per residential lot and'or unit) would b0 collecte4 when building permits were issued. In accordance with the City's annexation policy plan, approved in June 1993, the Pity will A, "assess on a case by case basis the annexation of areas in the ETJ%ben significant devul-jpments are proposed." RECOMMENDATION The Growth Management Plan indicates that this area should be developed as a residential neighborhood center, and,the 1999 Draft Denton Comprehensive Plan anticipates this property to 1 . i t u r be within a low-density residential Neighborhood Centers area Since this property Is outside the city limits, annexation is the logical step to ensure development consistent with Denton Comprehensive Plan. It will provide the City of Denton the authority to regulate land use based upon zoning classification. Therefore, staff recommends that the City Council conduct a thorough analysis regarding this request for annexation. PRIOR ACTIONIREVIEW(CounctL Boards.Commission October 12, 1999:City Council institutes annexation proceedings. November 2, 1999; City Council holds first public hearing on the proposed annexation. FISCAL INFORMATION None at this time. OPTIONS 1. Approve as submitted, 2. Approve with conditions. 3. Deny. 4. Postpone consideration. S. TabIC item. ATTACHMENTS ;II L Location Map f 2. Zoning Map 3. Utility Map 4. Den ton Mobility Map I 3. Annexation Schedule 6. Service Plan 7. Service Analysis-Transportation S. Service Analysis-Police 9. Service Analysis-Fire 10. Service Analysis-Water/Wastewater 11. Sery ice Analysis-Electric 12. Service Analysis -Parks&Recreation 13. Service Analysis-Solid Waste 14. Service Analysis-Library 13, Scrv:ie Analysis- D.I.&D. 16. Petition for Annexation 1 Respectf y submi d: j � y g Powe ✓ ,� , Director of Planning and Development Prepared by: "Thomas B.Gray Planner I 2. L.�r Lr Lr vim• � �' � � —` at . ,, � ., � .. ,e 1.+ 4��.• � )r Lr ''-f� i � • A. 'f�j• r,� L�•7� �.a<�-yam i � ,,�l,� : w•r ���' � n ��/•C • t Ili 1 YI �,} � �� �ym'y ATTACHMENT I NORTH A-96 (Silver Dome and Cooper Creek) SITE so tie Note LOCATION MAP tid „� -%.1► �L4��Dilr "i"� 7�1.• "i� 6�`/f•',jlli a Agenda . -ts: November 1999 None \ ATTACHMENT A-96 (Silver Dome and Cooper Creek) NORTH E i FF -.i 1s ET, + r y � 31TLp _ ` I11 1 3F4(c) ETJ A `% CURRENT ZONING MAP Agenda Date: November 16, 1999 Scale: None 4. 1 c� II ATTAC @MENT 3 A, A-96 (Silver Dome at Cooper Creek) NORTH I a' Perk , �f - � i SITE°o y u UTILITIES MAP • Hydrants -- — Water Line (W. L.) x <: • — Sewer Line (S. L.) Agenda Date: November 16. 1999 Scale: None 5, c t ATTACfiMBNT 4 A•96 (Silver Dome at Cooper Creek) NORTH b FIB Park ll�■LT u� SITE L 1 DENTON MOBILITY PLAN MAP Freeways r Primary Major Arterials Secondary Major Arterlals Collectors Agenda Date: November 16, 1999 Scale: None i i I c i ATTACHMENT 5 A-96 (Silver Dome at Cooper Creek) ANNEXATION SCHEDULE I 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. • Preliminary Annexation Assessment prepared. • Annexation Schedule prepared. October 23, 1999 Notice published In Denton Record-Chronicle for first public hearing. ❑ Annexation Study prepared and available for public review. ❑ Service Plan prepared and available for public review. October 31, 1999 Notice published in Denton Record-Chronicle for second City Council public hearing. f November 21, 1999 Notice published in Denton Reoord-Chronicle for Planning and Zoning Commission public hearing. November 2, 1999 City Council conducts first public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. November 16, 1999 City Council conducts second public hearing. I • Public notice must be no less than 10 days and no more than 20 days before public hearing. December 1, 1999 Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding 'i the proposed annexation and the proposed zoning. • Public notice must be no less than 10 days before public hearing. December 7, 1999 City Council by a four-fifths vote institutes annexation procoedings. First reading of annexation ordinance. • Action must be more than 20 days after the second pubic hearing but less than 40 days from the first public hearing. December 19, 1999 Publication of annexation ordinance in Denton Record-Chronicle, January 18, 2000 City Council by a four-fifths vote takes final action. Second reading , ` r, and adoption of the annexation ordinance. City Council considers approval of zoning request. • Council action must be more than 30 days after publlcatbn of ordinance and less than 90 days after council institutes annexation proceedings. 7. ATTACHMENT 6 f I , 5: ANNEXATION SERVICE PLAN CASE NUMBER: A•96 (Silver Dome at Cooper Creek) AREA: approximately 24 acres LOCA7[ON: 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 I. 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) da)s after the effective date of the annexation using existing personnel and equipment, D. WalerMastewaler Facilities t. Maintenance of water and wastewater facilities in the area to be annexed that are not I 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. F.. Roads and Streets I. Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty(60)days after the effective date of the annexation using existing personnel and equipment. F. Parks and Recreation Facilities 1• Maintenance of parks, playgrounds,swimming pools,and other recreational facilities in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment F[owevcr, there are no existing parks,playgrounds, swimming pools,and other recreational facilities in the area. 1 \ 8, t 1 t � 1 ANNEXATION SERVICE PLAN (A-96) Silver Dome at Cooper Creek C. Electric Facilities 1. Electric utility service will be provided within sixty(60)days after the effective date of the annexation using existing personnel and equipment. I H. Library Services 1, Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. I. Code Enforcement, Building Inspections and Consumer Health Services 1. Code enforcement, building inspections and consumer health services will be provided within sixty(60)days after the effective date of the annexation using existing personnel and equipment. J. Planning and Development Services 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 Plenning 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 (CEP) The CIP of the city is prioritized according to the following guidelines: (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, Iand utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing a specific facility or improvement. The annexed area will be considered for CIP improvements in the upcoming CIP plan. This property will be considered according to the established guidelines. f i ' i.Lao uiiie pry,e Pf„r;rL,r 9. 4 r � i c• 1 I ; I ATTACHMENT 7 SERVICE ANALYSIS ENGINEERING AND TRANSPORTATION A48 I. What existing roads, bridges and other transportation fatalities will be Impacted by this proposed annexation and development in terms of needed Improvements or upgrades? T 1pammimate Cost 2. Are any of these improvements presently scheduled to be done at state or federal expense? z0o If yes,please Identify facility and anticipated date improvements will begl;i. 3. Please list any drainage improvements that may require local funding,and Include estimated cost (if no specific Improvements can be determined, please make general mm� e concerning dralpagUL 4. Will additional equipme t and facilities be needed as a specific result of this annexation and development? e, If yes, what type of equipment or facility? 1 S. Please comment on the cumulative Impact of annexation and development. j At what population level would additional equipment be required? , Is there an accept�d equipment to population ratio that can be used for planning purposes? _ N Is there an ac opted em loyee to ppoopulation ratio thatt—n be used for planr�I purposes? C:yCrA,ti� l:Mdb�t4ti -1u 1�etJulstt�s.. Z1 .�•0 ¢ Ob Additional Comments: WM 14 M 1k. AW . lV1'L tSV� � f � Person to contact if there are questions Dato �' A, l A•96 Service Analysis i ia. u 1 JJi � •1 i I ATTACHMENT 8 j service Analysis A•96 Related to Silver Dome mad Coops$Cmk RUM 1. Satiated average response time for this area based on current department conditions$ Priority 14.92 sdnutea Average 12_78 minutes 2. Appropriate average remponeo time in the city based on current department conditionao Priority minutes Non-priority minutes Average 11,22 minutes 1. If annexed and developed as proposed, will additional be needed ersonnel specific result of this proposals L4 p eded as • If yes, how many? What type? 4. Will additional equipment and funding be needed to serve this areal yQ if yes, what types S. Will a police substation or other facility be needed to serve this area as a result of annexation and develooppmmaent? SQ li if yes, when should the new facltles be operational! C. please cosment on the cumulative lmwact of annexation and development. At what population would another police facility be required! 450.040 p= above Is there an accepted faell!!y/equipment to population ratio that can be used !or planning puryoses7 pollee earl ce eau pal eurrsatly 1�41L4f nc e facility/eouinmsnt to 4opulation ratio, Cowarer w hQiwe tbat j..iJtt_iu manaoaant may bays used such a ratio in i I■ there an accepted officer to populatioa zatio that can be used for planning purposes? .10149 4! field enaratie a effiegre nor 1,000 poop• laden Additional Comments, r This service analysis is based upon projected acreage/population density, with the assumption of even distribution of persons. I JJ' 0 Person to contact ate are quu cps Date 'typical Service Info Request.doc 11. r i ATTACHMENT 4 SERVICE ANALYSIS A46 Elm 11. Fire anj Emergency Medical Services con be provided to the area from station{s} #t ft , located at d I 10 Ek S4+ffv- de 2. Estimated response time. _ 5p' minutes 3. Appropriate response time In the City. minutes 4. Is a new fire station approved in the CIP that could serve this area? No If yes, what is the CIP program year? _ 5. Will a new fire station be requested In upcoming CIP proposals to serve this area? . If yes,when should this station be operational? 6. Total estimated funding for equipment, employees and/or facilities needed to serve this area strictly based on annexation and proposed development / O/V/ 7. Please comment on the cumulative Impact of annexation and development. At what population level would anothear library facility be required? 44 Is there an accepted circulation to population ratio that can be used for pianning purposes? Is there an accepted employee to population ratio that can be used for planning purposes? Additional Comments: ,lmL 36-1&9 Person to contact if there are questions Dale A•96 Service Analysis 12. 4 - .. .. , ATTACHMENT 10 *0*rrrocriol, m1 °i» to/3A-"V ox. SERVICE AN � ' ` ' w rJ w WATER f WAStEWATER A46 r r r 0 t. What is the nearest City of Denton water tint. Size of water One. LoatioA of water One. • �„ ,� Distance from proposed annexation. 2. What Is the nearest City of Denton server line? Gsek Q( Size of sewer line, •aeiti, wV Loatbn of sewer line. ' Distance from proposed annexation. F 3. According to the City of Denton master plan what type of tines and facllkke would be required for this area and when are those lines and facilities proposed for conatruction. size Loption R� Water lines Sewer lines ---. --- 4. Are there any City of Denton Ones Included In the proposed annexation? 5. Please comment on the cumulative Impact of annexation and development. At what population level would additional equipment be required? 13 there an accepted equipment to population rata that an be used for planning purposes? Is there an accepted employee to population ratio that can be used for planning purposes? Additional Comments: A1ay�v►pc•�•� •sG.r,1 Q.l AN _4V 0� Person to contact K 1here are questions Date f .r �f A-96 Service Analysis 13. eau M� i i �m - »oo /i 1!tl Hw N !f 1 f NO YE sm 1� KMj N NWEIwIMI/T 4jomop"w +mAr11NClf!eYIAYI AIMM *ARAM& MW ._.�.� WAMIM p yx� AWAM 2 U WrIONNOM lao/lo0t S81, 11 . prueft0►6a OT SO tt/Oi%Ot G I I _ - ATTACHMENT 11 II 3ERVIC AAANALYSIS ' 3, t. What is the d stance ro bcation Of and size of the near �' t r�r L of Denton electric line? j , 1 r _. V h a r G r, / f,� to r'/ij r,� „E" "l 1" fid ,r/ �r r t v t 1 Lii Id, Rrl� 2. rrrnn tt type of fines end NCR Cr' •/ Ibes would�e re9uved to serve this area? Ole 3. Ana any new lines of faaiities proposed ++str c0uctlon to serve this area? 01 J1 ye , v.� � r 4. lr�trri 1�VW Are there anypotentiel responsiblities if this area is annexed? w C0 010 ^o e�� S. Please rornmenton the cumulat've Impact of annexation and dovelop,,nt Al what population level muid additional equir)ment be required? is there an accepted equipment to PPtl� ion ro Pu+pose ? that can be used for plann Is there an accaPted a Purposes? mPioYee to Popuietion ratio that can be used for plannin;� Additional Comments; , P/", pi 4�f arc !( Person to contact Sthere are questions r r . A•96 Service Analysts 15. • Is u 'r ATTACHMENT 12 I I A-96 PARKS AND RECREATION f. What neighborhood park and recreational facilities are currently aervtng("Its arse or are capable of serving this area if annexed and/or developed(federal, state, or local)? None are within the proposed annexation, The closest park property is Avondale Park, located on NoWnghom at Devonshire streets (approx, 1.5 miles west). Current residents within the proposed annexation will he able to use existing City of Denton parks, facilities and programs. 2, N:hat projects and/or equipment will be needed to adequately serve this area if annexed r.nd/or development based on the parks and recreation master plan or similer standards?An additional neighborhood park wolf be needed to serve this area, in accordance with service standards below, Service Standards; Neighborhood Parks: -2.5 acres per 1,000 population(to be dedicated by developer st 7me of platting) -5 acres minimum si:o 3. How much additional funding will be needed for maintenance if additional park facilities are developed to serve this area? Funding will be required,In accordance with service standards below: ;mice Standard: Based on $3,454(developed) cost per developed park acre. 4. How many additional personnel would be needed to properly serve this area if annexed and developed? Requirements dependent on the following standards Service Standards: 0.5 to 0.7 FTE additional personnel per 1,000 population(depending on type of service) $38,000 per year cost per addltionalporsonnol Addition, ' Comments: Staffing and servlco costs are dependent upon the number of residen list units to be developed In the service area and the corresponding park dedication requirements. r A Person to contact if there are questions fate 6' t v I Annex Tract A96.doc i_ 16. 1 c� I � i ATTACHMENT 13 SERVICE ANALYSIS I SOLID WASTE A-96 i 1. Is resideIntial solid waste service evaliable too the proposed area for annexation? -- yrs 2. Is commercial solid waste service available to the proposed area foi annexation? —As — 3, What is the estimated cost to provide this area with solid waste service? Equipment and Maintenance. _R(�r Ljuko IKOA-K. Personnel. :14 _ (AFLo- "s I 4. What is the typical revenue collected per: Housohold. J I C(o°J OteK YA. Commercial Business J(gCO'Ll Da$44% is e v ,,;""!0,sj 6. Will additional equipment be needed to serve this area if annexed or developed? Type of Equipment. —too A00 iroa\,s _ Cost cif Equipment. —A&"b.n T r P-&. 6. Will w1cliticnal employees be needed to serve this area if annexed or developed? Type of Employees. N A 00 k–.npL%$-it;S { Numb arof Employees, 7. Pleaso comment on the cumulative Impact of annexa+ion and development. At what population level would additional equipment be required? h.,�t_[n4 w Is there an accepted equipment to population ratio that can be used for planning purposes) Is there an accepted employee to population ratio that can be used for planning purposes? Additional Comments: r r �lY SPRA3 � I� �� �; rrr. Person to contact If there are questions Date A•96 Service Analysis 17, J i G L r 1 ATTACHMENT 14 SERVICE ANALYSIS LIBRAR AM I. If annexed, an antidpaW tervloe demands be met using existing materials,fedlWee,and personnel? _ No 2. If not, how many additional employees and what type of facilities and materials will be needed to provide services? LW -time profes sional librarians would be needed. to provide additional aroprams and services 3. Estimated additional funding needed sbiotiy based on proposed onrwnation and development. _ f80,ti84 4. Please comment on the cumulative impact of annexation and development. At what population level would another library honky be requlred? 50.000 Is there an accepted circulation to population ratio that an be used for planning purposes? 6.4 per capita Is there an accepted ernpioyee to population ratio that an be used for planning purposes? _Staff: one full-time equivalent (FTE) per 2000 population. ro ess one rar ens: comprise one-thira 5T Fit s%aTT. Additional Comments: Eva D. Poole 10-28-99 Person to contact if there are questions p� A, << A-96 Service Analysis e> � ATTACHMENT 15 n SERVICE ANALYSIS A-96 D,I,S•D• 1. If annesee,can anticipated service demands be met using existing materials, facilities,and personnel? The District has measured capacity at each facility on the basis of"functional capacity." This value represe xis the number of students that may be 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 Flemenlary enrollment is at 108% of district-wide functional capacity. This Inch-des 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%of planned functional capacity. Middle and high schools are estimated to be at 1001/o and 89%caps&y respectively. A fourth middle school is scheduled to open for the 2002 school year,adding an additional 1,0•;x0-student capacity, For planning purposes,the district assumes that 0,40 elementary students, 0.17 middle school students,and 0,18 high school students are generated by each manufactured home. D.1 S.D. assumes that this site will yield 84 single-family units— 3.5 dwelling units per acre with an 5F•7 zoning classification. Based on these assumptions, this development will generate 34 elementary, 14 middle school,and 15 high school students Considering functional capacity and planned middle school construction, middle and high school students may be served while additional elementary facilities will be required It is important to consider the rate at which this development will build out, which will directly Impact the rate at which students will be added and accommodated by the district. 2. If not, how many additional employees and what type of facilities end materials will be needed to provide services? The state mandates a maximum student to teacher ratio of 22 to 1 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 classroomslporiables, 19. C• 1 I s 4 b. student population transfers or absorption of students at other campuses,or c. new elementary school construction. 3. Estimated additional funding needed strictly based on proposed annexation and development. The average cost of educating ane child in the D.I.S.D. Is $3,781 per year, exclusive of state or federal assistance. This cost Includes the district's existing bond indebtedness. 4. Will projected school taxes from this development provide that additional funding? III The district is subject to a statutory limit of its ad-valorem tax rata 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. The development site is located within the district boundaries,regardless of annexation. 6. At what population level would other school facilities be required for the City of Denton? Specillcations 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.&D, policy and state regulations have established the following student to teacher ratios that may be used for planning purposes: Eleruentaryt 22 Students/Teacher Middle: 28 Siudents/Teacher High: 28 Students/Teacher A# �. Todd Parton October 27, 1999 Person to Contact with Questions 20 . c. ATTACHMENT 16 PRIETIOW A° 9(j PON ANNIXATION TO THI PLANNINO AND 90NINO ComKisglON AND CITY COUNCIL or THI CITY Or DINTON, T6X" I The undersigned 4066 hereby petition for annexation of 23.886 acres located at SN rernar of ti1v r A Conner reek in the extratsrrltarial jurisdiation of the City or Denton, Texas, The property to more I'Utiaularly described in the attached survey description end shown on the attached map, The undersigned also certifies that the following required intormation Concerning the land and its inhabitants is r6asonably accurate and as@umea responsibility for completion of said Information prior to scheduled action the request by the City of Denton. 1. Is petition being initiated by owner(@) or majority of registered voters in area of request? Ye@ XX No It no, what to the status of the appltcant? 2. How many dwelling unite are located within the area requested for annexation? . d 3. How many businesses or nonresidential land uses are located within the area of the request? 8 —. Please provide a general description of these land uses including the names) of businesses, it known 4. Does are& of request include any territory within the olty limits or extra- territorial jurisdiction of another city? Yes _ No XX 5. tstimated population of the area of request. _ 6 Adults Children Number of registered voters? 6. At the time of this petition, have any other annexation Procedures been Initiated tot 411 or any part of the area requested to this petition? yes No _ yY It yes, please explain the procedures begun and these status. 7. Doe$ a water supply district lie within the boundaries of the area proposed Car annexation? yes No XX 8, Vhst toning, it any, other than agrtcultural (A), is being requested under '�, separate petition? _ SF-7 d How much of territory proposed for annexation is tneluded In toning / petition? All V 21 , l Petition for Annexatlee Pe4s Two 9, What is the purpose of annexation? To incorporate into a nranpsed single family development 10. Planned land use (it Zoning is belag requested)t Proposed Unit Category 6 Total Per Aare And/or proposed Aaraae square yootue a. Slagle family detached All SF-7 Zonino b. Single family attached (townhouses, cluster, eto.) e. Attached patio/garden/zero lot line d. Duplex e. Multt-teatly f, Office g. Neigbborhood service h. General Retail L. Commercial J. light industrial k. Heav7 dustrial Proposed use(s) it specific use permit or planned development (I'D) being requested. 11, Here petitioner(@) tamilierissd themselves with the official annexation policy, land use policies, and the standard municipal service plan of the City of Denton? Tom XX No Name of Owr,ee(s) 1_ Telephone llgnature(s) -"��—' Oate Address(#@) 6 - cnurh. % i nn nton. Texas 75205 It petitioner is not the owner of the propettyt Status a,lyer Petitioner K� Nom#(e) M nne/Jackson Inc. -hr0 Telephone t 2141 AM-RAM Signature(s) Date Addeen(es) to At s Held Notes and Location flap tot area proposed for annexation must be submitted along with completed petition before process begins. 0862 22. u � Apsttdr No Apetlda Ibm AGENDA INFORMATION SHEET AGENDA DATE: November 16, 1999 DEPARTMENT: Ecouomic Development Department ACM: David fiill,.�ssislant City Manager for Development Sery ces SUBJECT An ordinance of the City of Denton, Texas designating a certain area within the city limits of Denton as reinvestmett Zone No.lI for cpmmerclal/industrial tax abatement; establishing the boundaries of such zone; making findings required in accordance with Chapters 311 and 312 of the Texas Tax Code;ordaining other matters relating thereto; providing a severability clause;providing for repeal;and providing an effective date. BACKGROUNb A resolution calling a public hearing to consider establishing Reinvestment Zone 11 for the Peterbilt Company property was approved at the October 19°i City Council meeting. TFt public hearing date was set for November 16, 1999. Reinvestment zones are established areas where the City wishes to encourage commercial/industrial improvements. A reinvestment zone allows the City to enter Into tax abatement agreements as an incentive to retention,expansion or location of industrial development. The purpose of Reinvestment Zone 11 Is to enable the City to enter into a tax abatement agreement with Peterbilt Motors Company. A map and description of the property are attached(Attachment B), ES11SIATED SCHEDULE OF PROJECT Reinvestment zones have a tike-year life. If approved, Reinvestment Zone H would become effective January I, 2000 and expire December 31, 2003. PRIOR ACTION/REVIFW A public hearing was held on November 16, 1999 to consider designating the Peterbilt Motors Company property as Reinvestment Zone 11. KCAL INFORMATIO None, i • I • G 00 C Exiir M Attachment A —Ordinance Attachment B—Map and Property Description Respectfully submitted: t Linda Ratliff, Director Economic Development De artmcnt l� •2• S C ATTACHMENT A 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS DESIGNATING A CERTAIN AREA WITHIN THE CITY LIMITS OF DENTON AS REINVESTMENT ZONE NO. Il FOR COMMERCIALRNDUSTRIAL TAX ABATEMENT; ESTABLISHING THE BOUNDARIES OF SUCH ZONE; MAKING FINDINGS REQUIRED IN ACCORDANCE WITH CHAPTERS 311 AND 312 OF THE TEXAS TAX CODE; ORDAINING OTHER MATTERS RELATING THERETO; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas ("City" or "Municipality') desires to promote the development or redevelopment of a certain contiguous geographic area within its corporate city limits and its jurisdiction by the creation of a reinvestment zone for commerciaVindustrial tax abatement, as authorized by Tex, Tax Code Ch. 312 (referred to as the "Property Redevelopment and Tax Abatement Act"or the "Act'); and WHEREAS, an industry known as Peterbilt Motors Company has requested tax abate. ment to build improvements within the area to be designated as Reinvestment Zone II;and WHEREAS,the City Council desires to create a proper economic and social environment to induce investment of private resources Pnd productive business enterprses in this area of the City, which meets the criteria established kinder §312102 of the Act, and to expand primary em- ployment or to attract major investment;ani WHEREAS, by resolution dated October 19, 1999, a public hearing before the City Council was called, set, and held at 7:00 p.m. on November 16, 1999 in the City Council Cham- bers of the City of Denton at 21 S East McKinley Street in the City of Denton,such date being at , least seven days after the date of publication of notice of such public hearing and the receipt of written notices of such public hearing by the presiding officer of each taxing unit that includes in its boundaries real property that Is to be included in the proposed reinvestment zone, in accor- dance with §311201 of the Act; and WHEREAS, such public hearing was held before the consideration and adoption of this ordinance; and WHEREAS, the City, at that hearing, invited any Interested citizen or his representative to appear and offer testimony or evidence for or against the creation of the reinvestment zone, the boundaries of the proposed reinvestment zone, whether all or part of the territory described in the notice calling the public hearing should be included in the proposed reinvestment zone, and the concept of tax abatement; and WHEREAS, in accordance with such public notice, all owners of property within the proposed reinvestment zone and all other taxing units and ottier interested persons were given the opportunity at such public hearing to protest the creation of the proposed reinvestment zone or the inclusion of their property in such reinvestment zone;and A3 i WHEREAS, on the 21`" day of January, 1998, on or before the holding of the above- mentioned public hearing, the City Council passed a resolution establishing guidelines and crite- ria goveming tax abatement agreements and stating that the City of Denton elects to become eli- gible to participate in tax abatement, in accordance with Tex. Tax Code §312.002, and such tax abatement policy is now in effect and was in effect prior to the public hearing; and WHEREAS, at the public hearing proponents and opponents of the reinvestment zone or- E fered evidence in favor and against all matters relating to the creation of the reinvestment zone, and, after hearing this testimony and evidence,the City Council deems it in the public interest to create this reinvestment zone;NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENT ON HEREBY ORDAINS: SECTION 1: That the facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. SECTION 2: That for the purposes of this ordinance, the following terms and phrases shall have the following meanings ascribed to them: A. Improvements—Improvements shall include, for the purpose of establishing eligibility under the Act, any activity at the location, ircluding, but not limited to, new construction, recon- struction, renovation and repairs. B. Taxable Real Property - Taxable real properly shall be as defined in the Texas Property Tax Code and shall not include personal property as defined in the Code. i C. Base Year— The base year for determining increased value shall be the taxable real property and/or tangible personal property located on the real property value assessed the year in which the Tax Abatement Agreement is executed. SECTION 3: That the City, through its City Council, after conducting the above- mentioned public hearing and having hear] such evidence and testimony, makes the following findings and determinations based on the evidence and testimony presented to it: A. That the public hearing on the adoptio t of the reinvestment zone has been properly called, held, and conducted in accordance with 1312.201 of the Act and all other applicable laws, and that notice of such hearing has been published as required by law and mailed to the pre- siding officer of the governing body of each taxing unit that includes in its boundaries real property that is to be Included In the proposed reinvestment zone as required by law; and B. That prior to holding the public hearing, the City has adopted, by resolution, the guidelines ' ' A and criteria governing tax abatement agreements by adopting a City of Denton Tax Abate- ment Policy and the City has elected to participate in tax abatement; and C. That the City had jurisdiction to hold and conduct the public hearing on the creation of the proposed the reinvestment zone,pursuatd to chapter 312 of the Act;and Pnge 2 A4 I I J. G 11 I I I1 `1 I I ( � y I t I 5: II D. That the boundaries of the rcit.-cstmenl zk no shall be the area described in the metes and bounds description attached hereto as Exhibit "A" and as shown on the diagram as the area outlined in Ted attached hereto as Exhibit "B" and being approximately 100 acres near Air- port Road and Interstate 35W in the corporate limits of the City of Denton, Texas, such Ex- hibits "A"and "B"being incorporated and made a part of Ihls ordinance a% if written word for word herein;and E. That the creation of the reinvestment zone for commerciaVindustrial lax ob cement with the improvements expected to be developed by Pcierbilt Motors Company would be of beuefit to the City and to the land to be included in the zone, with the boundaries as described in Ex- hibit "A;' after the expiration of the tax abatement agreement entered into ululer 1312.204 of the Act, and the improvements sought are feasible and practical; and F. That the reinvestment zone as defined in Exhibit "A" and shown on Exhibit "B" meets the criteria for the creation of a reinvestment zone,as set forth in §312.202 of the Act,since it is, "reasonably likely, as a result of the designation, to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the Municipality;" and C. That the reinvestment zone as defined In Exhibit "A" and shown on Exhibit "B" meets the criteria for the creation of a reinvestment zone as set forth in the Denton Policy for Tax Abatement and the expected improvements in the boundaries of the zone are expected to en- hancc significantly the value of all taxable real property located within the reinvestment none. JECTICN 4. That pursuant to §312.201 of the Act, the City, through its City Council, hereby creates a reinvestment zone for commcrciaVindustrial tax abatement encumpassing only the area described by the metes and bounds description in Exhibit "A" attachol hereto and as shown on Exhibit "B"attached hereto and such reinvestment zone is hereby designated and shall hereinafter be designated as Reinvestment 7one No. 11,City of Denton,Texas. 5E PION 5: That Reinvestment Zone No. 11 shall be effective as of.Innuary 1, 2000, and shall terminate five years from that date,on December 31, 2005,unless earlier terminated by action of the City Council or extended in accordance with §312.203 of the Act. $I� 6: That to be eligible for tax abatement, a cammercial/indusu ial project shall: A. Be located wholly within the zone established herein; B. Meet the requirements of the Denton Tax Abatement Policy; C, Not incwde property that is owned or leased by a member of the City Council of the City of Denton,or by a member of the Planning R Zoning Commission; I Page 3 Ct 1 l t. ,r c a D. Conform to the requirements of the City's zoning ordinance and all other applicable laws and regulations; and E. Have and maintain all land located within the designated zone, appraised at market value for tax purposes. SECTION 7: That written tax abatement agreements with property owners located within the zone shall provide the terms regarding duration of exemption and share of taxable real property and/or tangible personal property located on the real property for taxation as approved hereunder,as shown below; A. Duration of exemption from two years to ten years depending on the value of the structure and personal property in accordance with the Denton Tax Abatement Policy, beginning with and including January 1, 2000; and B. Share of tame abated — 25%of taxes on the total value of appraised improvements which are added, provided, however,nothing herein shall prevent any other taxing unit that includes in to boundaries real property that is included in the reinvestment zone from entering into a tax abatement agreement with a different share of taxes abated on the total value of appraised improvements which are added, in accordance with the requirements of chapter 312 of the Act. SECTION 8; That any written agreements authorized under this ordinance n, •t include provisions for A. Llst ng the kind,number,and location of all proposed improvements of the property; B. Access to and authorizing the inspection of the property by municipal employees to ensure that the improvements or repairs are made in accordance with the specifications and condi- tions of the agreements; C. Limiting the uses of the property, consistent with the general purpose of encouraging des-el. opment or redevelopment of the zone during the period that property tax exemptions are in effect; D. Recapturing of property tax revenues lost as a result of the agreement if the owner of the property fails to make the improvements or repairs as provided by the agreement; E. Containing each term agreed to by the owner of the property; r r ' F. Requiring the owner of the property to certify annually to the governing body of each taxing unit that the owner is In compliance with each applicable term of the agreement; G. Providing that the governing body of the municipality may cancel or modify the agreement if the property owner fails to comply with the agreement; Page 4 A6 i3 I c I I �I i H. Provide that the owner of the property enter into a long-term agreement of not less than five years in duration to receive its electrical utility service from Denton Municipal Electric; and 1. Contain any additional terns and conditions which the City Council deems are necessary, in accordance with §312,205 of the Act, and that are negotiated with the owner of the property. Provided, however, nothing herein shall prevent other taxing units, who include in their boundaries real property within the reinvestment zone,from negotiating terms and conditions that are different from any municipal tax abatement agreement, so long as the mandatory terms and conditions required by §312 205 of the Act are included. SECTION 9: That the City Council further directs and designates the City Manager and the Director of Economic Development as liaisons for communication with regard to all matters pr,Gaining to the Zone, including, without limitation, the development of the amendment of the current Denton Tax Abatement Policy if necessary, the negotiation of tax abatement agreements with industries,commercial enterprises, and other businesses eligible for tax abatement under the TPx Abatement Policy and for communication with other taxing entities and the Joint Tax Abatement Committee. SECTION 10: That all ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. bECT1ON 11: That if any section, paragraph, clause, or provisima in this ordinance, or application thereof to any person or circumstance is held invalid or unenforceable, the invalidity or unenforceability of such section,paragraph, clause, or provision shall not affect any of;r:re- maining portions of this ordinance. SECTION 12: It is hereby found, determined, and declared that a sufficient written no- tice of the date, place, hour, and subject of the meeting of the City Council at which this ordi- nance was adopted was posted and placed and converilvily accessible at all limes to the general public at the City Hall of the City for the time required by law, preceding this meeting, as re- quired by the Open Mc:t?ngs Act, Tex. Gov't Code Ch. 551, and that this meeting was open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further rati- fies, approves, and confirms such written notice and contents posting thereof. The City Council further finds that a quorum was present at such meeting. SECTION 13: ThLt the contents of the notice of public hearing, which hearing was held before the City Council and before the passage of this ordinance on November 2, 1999, the pub- ticadon of said notice Is hereby tatified, approved, and confirmed. ,1 SECTION 14: That this ordinance shall become effective Immediately upon its passage and approval. Page 5 A7 c. PASSED AND APPROVED this the day of , 1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY BY: I Page 6 As t REINVESTMENT ZONE 11 E DESCRIPTION OF PROPERTY REINVESTMENT ZONE 11 WILL BE COMPOSED OF APPROXIMATELY 100 ACRES OF LAND OUT OF THE JOHN DAVIS SURVEY, ABSTRACT 326, JAMES PERRY SURVEY, ABSTRACT 1040, AND EUGENE PUCHALSKI SURVEY, ABSTRACT 996, DENTON COUNTY, TEXAS, THE REINVESTMENT ZONE IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE JOHN DAVIS SURVEY, ABSTRACT NO. 326, THE JAMES PERRY SURVEY, ABSTRACT NO. 1040, AND THE EUGENE PUCHALSKI SURVEY, ABSTRACT NO. 9%, DENTON COUNTY, TEXAS, AND BEING ALL OF LOT to BLOCK At PEI ERBILT ADDITION, AN ADDITION TO THE CITY AND COUNTY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET H, PAGE 195 OF THE PLAT RECORDS OF DENTON , COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND DESCRIBED IN A DEED TO SUDERMAN AND YOUNG TOWING COMPANY, INC.,AS RECORDED IN VOLUME 1271, PAGE 759 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST COP.NER OF SAID PETERBILT ADDITION, ON THE NORTH RIGHT-OF-WAY OF F.M. ROAD 1515 (AIRPORT ROAD), SAME BEING THE SOUTHEAST CORNER OF LOT It BLOCK I OF WESTPARK, AN ADDITION TO THE CITY AND COUNTY OF DENTON, TEXAS, • JP �•; I1 D ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET C, PAGE 127 OF THE PLAT RECORDS OF DENTON COUNTY,TEXAS; r THENCE NORTH 010 29' 40" EAST WITH THE WEST LINE OF SAID PETERBILT ADDITION AND THE EAST LINE OF SAID WFSTPARK, A DISTANCE OF 2075.19 FEET TO A POINT FOR CORNER AT THE NORTHWEST CORNER OF SAID PETERBILT ADDITION AND THE NORTHEAST CORNER OF SAID WESTPARK, SAME 6EING ON THE SOUTH LINE OF SAID SUDERMAN AND YOUNG TOWING COMPANY,INC.,TRACT; THENCE NORTH 01. 30' 25" EAST, A DISTANCE OF 508.10 FEET TO A POINT FOR CORNER; THENCE SOUTH 880 30' 20" EAST, A DISTANCE OF 1678.31 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE RIGHT; I THENCE WITH SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 90 00' 31", A RADIUS OF 30.00 FEET, AN ARC LENGTH OF 62.89 FEET, A CHORD WHICH BEARS SOUTH 430 30' 04" EAST, A DISTANCE OF 56.62 FEET TO A POINT FOR CORNER; THENCE SOUTH 010 29' 20" WEST, A DISTANCE OF 468.06 FEET TO A POINT FOR CORNER AT THE NORTHEAST CORNER OF SAID PETERBILT i ADDITION, ON THE SOUTH LINE OF SAID SUDERMAN AND YOUNG TOWING COMPANY, INC.,TRACTI THENCE SOUTH 010 29' 40" WEST WITH THE EAST LINE OF SAID F %f-\ ' PETERBILT ADDITION AND THE WEST RIGHT-OF-WAY OF PRECISION DRIVE, C a. A DISTANCE OF 952.13 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE WITH THE WEST RIGHT-OF-WAY OF PRECISION DRIVE AND i THE EAST LINE OF SAID PETERBILT ADDITION WITH SAID CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 41° 40' 00"o A RADIUS OF 397.82,AN ARC LENGTH OF 289.30, A CHORD WHICH BEARS SOUTH 190 20' 20" EAST A DISTANCE OF 282.97 FEET TO A POINT FOR CORNER; THENCE SOUTH 400 10' 20" EAST WITH THE EAST LINE OF SAID PETERBILT ADDITION AYD THE WEST RIGHT-OF-WAY OF PRECISION DRIVE, A DISTANCE OF 41.60 FEET TO A POINT FOR CORNER AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY OF F.M. ROAD 1515 AND THE WEST RIGHT-OF. WAY OF PRECISION DRIVE; SAME BEING THE SOUTHEAST CORNER OF SAID PETERBILT ADDITION, AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE WITH THE NORTH RIGHT-OF-WAY OF F.M. ROAD 1515 AND SAID CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 270 38' 04", A RADIUS OF 617.96 FEET, AN ARC LENGTH OF 298.05 FEET, A CHORD WHICH BEARS SOUTH 320 50' 01" WEST A DISTANCE OF 295.17 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE SOUTH 19° 01' 00" WEST WITH THE SOUTH LINE OF SAID I PETERBILT ADDITION AND THE NORTH RIGHT-OF-WAY OF F.M. ROAD 1515, A DISTANCE OF 207.60 FEET TO A POINT FOR COP P'FR AT THE BEGINNING OF A /1! ...� CURVE TO THE RIGHTI 4 C 1 I i i THENCE WITH THE NORTH RIGHT-OF-WAY OF F.M. ROAD 1515 AND THE SOUTH LINE OF SAID PETERBILT ADDITION, WITH SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 720 03' 00"o A RADIUS OF 52196 FEET, AN ARC LENGTH OF 663.92 FEET AND A CHORD WHICH BEARS SOUTH 550 02' 30" WEST A DISTANCE OF 621.03 FEET TO A POINT FOR CORNER; THENCE NORTH 88' 36' 00" WEST WITH THE SOUTH LINE OF SAID PETERBILT ADDITION AND,THE NORTH RIGHT-OF-WAY OF F.M. ROAD 1515,A DISTANCE OF 1131.28 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 100.04 ACRES OF LAND. , i a�1 : ` L' f V i i I� fR O FFii e � f do _ _ Pdw ° Q L7 ❑ a Tetra ' O 9 1 loodo V76 a o li �,. . ����PM+ot�abd filinVMbMIIY�70�M I + f M I 1 Aosttdallo'99 Apeeda I AGENDA INFORMATION SHEET Date._._ k AGENDA DATE: November 16. 1999 DEPARTMENT: Economic Development Department ACbt: David Hill,Assistant City Manager for Development Servic LS �B1ECT CONSIDER AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A TAX ABATEMENT AGREEMENT WITH PETERBILT MOTORS COMPANY SETTING FORTH ALL THE REQUIRED TERMS OF THE TAX ABATEMENT AGREEMENT IN ACCORDANCE WITH THE TERMS OF CHAPTER 312 OF THE TEXAS TAX CODE. SETTING FORTH THE VARIOUS CONDITIONS PRECEDENT TO PETERBILT MOTORS COMPANY RECEIVING T14E TAX ABATEMENT;AND FURTHER AUTHORIZING THE MAYOR TO EXECUTE AN ELECTRIC SERVICE AGREEMENT BETWEEN THE CITY OF DENTON. TEXAS AND PETERBILT MOTORS COMPANY; PROVIDING FOR A SEVERABILITY CLAUSE;AND PROVIDING AN EFFECTIVE DATE. BACKGROUND At the June 22, 1999 Council meeting.Council directed staff to bring back a tax abatement agreement between the City of Denton and Peterbilt Motors Company for 25 percent for five years. I Peterbilt Motors is renovating its manufacturing facility at Airport Road in Denton to accommodate the production of a new truck line. The project does not involve the construction or expansion of anew facility. Instead,Peterbilt has reconfigured their existing facility,eliminating warehouse space and adding new equipment, The project will generate new}roperty tax valuation of approximately 516,7 million the first 1 year(2000)and an additional 5467,000 in 200 L The tax abatement policy provides existing businesses with an additional benefit with regard to threshold values. Valuation is multiplied by 125%to determine the number of years eligible for abatement. In addition,the multiplier allows existing businesses with S4 million in investment to qualify for abatement. This is the first abatement agreement we have considered for an existing business. When prepariag the agreement, our Legal Department brought a particular sentence in the policy to A our attention. The policy addresses what is eligible for abatement,-structure and equipment ! j'. < (on page A23 of your backup), However, in a subsequent sentence, it references the j multiplier being applied to the value of the structure. The Peterbilt project does not include j the construction of a new structure,all of the new valuation is based on equipment. If the MIA . l t, ' 6 multiplier were not allowed,the abatement would drop to four years. Our City Attorney a,ked that staff contact a few members of the original committee who created the policy,as well as two or three Council members who were serving when the policy was adopted to determine their intent of the 125%multiplier. Staff contacted Lloyd Harrell, former city managedcommittee member, Jim Alexander, former Council member/committee member. Robert Gorton, former Council member,and Jane Hopkins, former Council member. `'one of individuals contacted could remember any discussion regarding only allowing the value of the structure to be considered for the multiplier. Mr. Alexander said he felt confident there was no discussion, because if there had been he would have objected. The three Council members contend the intent of the policy,in their opinions,was to include eligible valuation I (structure and equipment) In the amount subject to the multiplier. The agreement has been structured based on their feedback. ESTIMAI ED SCHEDULE OF PROJECT Peterbilt estimates completion of the project by December 31, 1999. PRIOR ACTION/REVIEW Council reviewed the tax abatement request at a June 22, 1999 meeting and directed staff to return with a formal agreement. FISCAL INFORMATION The following tables represent the project'+ impact on property tax valuation using the tax rates effective October 1, 1999: locrea e In Tau bit Va uation Year Amount Total 2000 16,682, 16,682,000 2001 467,840 17,14 ,840 200 124,41 17,274,25) 200 222.460 17.4§6.713 2004 1 155.16 17,651,876 Now Toies Generated Denton Year City of Independent Denton Total Denton School District County 2000 S84,770 ------T2-8T5-§-4 9,2 40 , 2001 87, 4 291,347 ,3 419,003 200 79 293,662 40,601 422,043 —To—of- 8 , l0 29 ,444 l,l 4 4 ,4 A ` 89,699 3 1,48 4 1, 6 / 1 5438,304 $1,466,329 5202,732 $2,107,365 .2 • U U A atemenl 25% 15% 2 % 1 Total 1 , 76 214,949 $50,683 , 8 N Ta:a L-S328,728]. 1,246,380 $152,0491 l,727,i5 The lax abatement agreement provides a clause similar to the United Copper agreement in that should Peterbilt not meet the$16.5 mullion threshold the first year and$17 million threshold the second and subsequent years,the abatement will be reduced by the percentage the threshold is not met. In other words,if the first year valuation is 513.2 million(800/sof the threshold)then Peterbilt would receive$40,546 In abatement from the City(80°/.of 550,683). No employment ur wage thresholds are included in this agreement,as PeterbiIt has sufficient staff for the project. EXHIBITS Ordinance Tar Abatement Agreement w/Exhibits Electric Utility Agreement Respectfully submitted: Linda Ratliff,Director I Economic Development Department f e i . 3 . t a i I I ORDINANCE NO. _ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A TAX ABATEMENT AGREEMENT WITH PETERBILT MOTORS COMPANY SETTING FORTH ALL THE RE- QUIRED TERMS OF THE TAX ABATEMENT AGREEMENT IN ACCORDANCE WITH THE TERMS OF CHAPTER 312 OF THE TEXAS TAX CODE; SETTING FORTH THE VARIOUS CONDITIONS PRECEDENT TO PETERBILT MOTORS COMPANY RECEIV- ING THE TAX ABATEMENT; AND FURTHER AUTHORIZING THE MAYOR TO EXE- CUTE AN ELECTRIC SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND PETERBILT MOTORS COMPANY; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on the 2nd day of November, 1999, after a public hearing duly held in ac- cordance with Tex. Tax Code §312,201 (the "Act"), the City Council passed Ordinance No. 99- __ (the "Ordinance'? establishing Reinvestment Zone No. 11, City of Denton, Texas as a commercial/industrial reinvestment zone for tat abatement(the "Zone"), as authorized by Title 3, Chapter 312, Subchapter B of the Act;and WHEREAS, on the 23rd day of February, 1999, Peterbilt Motors Company submitted an application for tax abatement with various attachments to the City concerning t�.e contemplated use of certain property located within the Zone;and WHEREAS, the City Council rinds that the contemplated use of the premises and the contemplated improvements to the premises, as indicated by Peterbilt Motors Company are con- sistent with encouraging the development of the Zone in accordance with the purposes for its creation and are in compliance with the Denton Tat Abatement Policy,and WHEREAS, the City Council deems it in the public interest to enter Into a Tax AFite- ment Agreement with Peterbilt Motors Company; NOW, THEREFORE, 1 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION L That the findings contained in the preamble to this ordinance arc true and correct and are adopted s a part of the whole ordinance. SECTION 2. That the City Council finds and determines the following: I. That the contemplated use of the premises and the contemplated improvements of the prem- ises, as indicated by Peterbilt Motors Company are consistent with encouraging the devel- opment of the Zone in accordance with the purposes of its citation and are in compliance with the Denton Tax Abatement Policy. A, t: 2. That the City Council finds that the improvements sought by Peterbilt Motors Company within the Zone are feasible and practical and would be a benefit to the land to be included In the Zone and to the City after the expiration of the Tax Abatement Agreement to be entered into with Peterbilt Motors Company, •4 • c• f c. t i. That the City Council finds that the Tax Abatement Agreement contains all the terms which are manditorily required to be included in any tax abatement agreement under 153t2.d05 of the Act, a. That, in accordance with 4312.2041 of the Act, the City Council finds that not later than the date on which the City Council considered this ordinance, and not later than the seventh day before the date the City enters into a Tax Abatement Agreement with Peterbilt Motors Com- pany, that the City Manager, through the Director of Economic Development, who are hereby designated and authorized by the City Council to give such notice, delivered to the presiding officer of the Denton Independent School District and Denton County a written notice that the City intends to enter into this Tax Abatement Agreement with Peterbilt Motors Company, and that this n-)tice included a copy of the proposed Tax Abatement Agreement in substantially the form of the Tax Abatement Agreement attached to this ordinance, 5. That before the passage of this ordinance, the City Council held a public hearing in accor. dance with ¢312,201 of the Act and created Reinvestment Zone No, II. SECTION 1. That the Mayor, or In his absence, the Mayor Pro Tem, is hereby author- ized to execute a Tax Abatement Agreement with Peterbilt Motors Company, substantially in the form of the Tax Abatement Agreement which is attached to and made a pan of this ordinance for all purposes as if written word for word herein. SECTION 4. That the Mayor, or in his absence, the Mayor Pro Tem is further authorized to execute the attached contract between the City of Denton and Peterbilt Motors Company to provide exclusive electric service for a period of not less than five years, in substantially the form of the Electric Service Agreement, which is attached to and made a pan of this ordinance , for ail purposes as if written word for word herein. SECTION 5. That the City Council hereby instructs and authorizes the City Manager to inspect, audit, and evaluate the progress of Peterbilt Motors Company to determine if it has met all of the conditions of the attached Tax Abatement Agreement prior to the tax abatement going 1 into effect. LCTION 6. That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to an person or circumstance is held invalid b J PP Y P Y 1 any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, the City Council of the City of Denton hereby declares that they would have enacted such remaining portions despite any such validity, SECTION 7. That this ordinance shall become effective Immediately upon its passage and approval, Page 2 r • s• c. PASSED AND APPROVED this the day of 1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY. _ APPROVED AS TO LEGAL FORM: I HERBERT L. PROUTY,C)TY AT';ORNEY � i^ BY ,' ' � K l I N&,dbp it F,,aw K046, J, r Page 3 •b � t S STATE OF TEXAS § TAX ABATEMENT AGREEMENT BETWEEN COUNTY OF DENTON THE CITY OF DENTON AND PETERBILT 3 MOTORS COMPANY This Tax Abatement Agreement (the "Agreement") is entered into by and between the City of Denton, Texas (the "City"), duly acting herein by and through its Mayor; and Peterbilt Motors Company, a Division of PACCAR, Inc., (the "Owner'), a Delaware Corporation, duly authorised and in good standing to do business in the State of Texas,duly acting herein by and through its authorized officers. WHEREAS, the City has adopted a resolution stating that it elects to be eligible to par- ticipate in lax abatemeo t and has adopted guidelines and criteria governing tax abatement agree- ments known as the Denton Tax Abatement Policy; and WHEREAS, on the 27`" day of January, 1998, the City Council of Denton, Texas (the "City Council")through the passage of Resolution No. 98.904, which stated that the City elects to become eligible to participate in tax abatement and adopted the Denton Tax Abatement Policy (the"Policy'), which is attached hereto and incorporated herein as Exhibit"A" and made a part of this Agreement for all purposes;and WHEREAS, the Policy constitutes appropriate "guidelines and criteria" governing tax abatement agreements to be entered ir.:o by the City as contemplated by ¢312,002 of the Texas tax Code, as amended(the"Code'); and WHEREAS,on the t6th day of November, 1999,the City Council passed Ordinance No. 99-_ (the "Ordinance') establishing Reinvestment Zone No. 11, City of Denton, Texas, as a r cotnmercia4'industrial reinvestment zone for tax abatement(the "Zone'), as authorized by Title A�l !' r 3, Chapter 312,Subchapter B of the Code(the"Act'); and 1 t' t I WHEREAS, Owner owns certain real property, more particularly described in Exhibit ­13" attached hereto and incorporated herein by reference and made a part of this Agreement for all purposes(the "Premises')located entirely within the Zone; and i ""HEREAS, on the 23d day of February, 1999, Owner submitted an application for tax abatement with various attachments to the City concerning the contemplated use of the Premises (the "Application for Tax Abatement'), attached hereto and Incorporated herein as Exhibit 1V" and made a pan of this Agreement for all purposes;and WHEREAS, the City Council rinds that the contemplated use of the Premises, the Con- templated Improvements(as hereinafter defined) to the Premises as set forth in this Agreement, and the other terms hereof are consistent with encouraging development of said Zone in actor• dance with the purposes for its creation, are in compliance with the Policy and the Ordinance, and similar guidelines and criteria adopted by the City and all applicable law; and %VHEREAS, the City Council finds that the terms of this Agreenim and the Premises + and Contemplated Improvements, meet the applicable guidelines and criteria heretofore adopted by the City Council, which are set forth in the Policy;and WHEREAS, written notice that the City intends to enter into this Agreement, along with a copy of this Agreement, has been furnished by the City, in the manner and by the time pre- scribed by the Code, to the presiding offtcen of the governing bodies of each of the taxing units in which the Premises is located; NOW, THEREFORE, the City and Owner for and in consideration of the premises and i the promises contained herein do hereby contract,covenant,and agree as follows: t t, Past 2 . g. G t 4- L CONDITIONS OF ABATEMENT A. A condition of the Abatement (defined below) is that, by January 31, 2000 (sub- ject to force majeure delays not to exceed 180 days), a capital investment that establishes an ad• ditional assessed pr(perty value of real property improvements, equipment, and other tangible and personal p vperty in excess of the assessed property value for the Premises on January 1, 2000 (value) of at least 516,500,000 and by January 31, 2001 a capital investment of at least 517,000,000 be made with respect to renovation, reconstruction, repairs and equipping of a building or buildings and other improvements to be constructed on the Premises, the kind, num• ber, location and details of which are described in the Application for Tax Abatement, Owner agrees to renovate, reconstruct,and repair building or buildings of approKimateiy 546,100 square feet within the area described in Exhibit "B"("Premises'), The value of new real property im- provements, equipment, and other tangible personal property must be at least $16,500,000 with respect to reconstruction, renovation, repair and equipping of the building or buildings or other improvements to be constructed on the Premises on or before January 31, 2000 (the "Contem• , plated Improvements'). For the Purposes of the immediately preceding sentence, capital invest• meet with respect to construction and equipping the Contemplated Improvements shall include: (1)costs related to the development and improvement of the real estate, including, without limi- tation, construction costs and design and engineering costs; and (2) tangible personal property located on or at the Contemplated Improvements by Owner. Including inventory and supplies. The kind and Iocation of the Contemplated Improvements is more particularly des(dbed in the �'' Application for Tax Abatement. For the purpose of this paragraph, the term "force majeure" shall mean any circumstance or any condition beyond the control of Owner, is set forth in Sea tion 22 "Force Majeure" which make it impossible to meet the above-mentioned thresholds. Page 3 •9• Jl 1 I ' 1 i t. Provided further, should Owner fail to make a capital investment in the Contemplated Improve. mcnts that establishes a value of at least $16,500,000 on or before January 3I, 2002 in accor- dance with the City's Tar Abatement Policy, the number of years of tax abatement will be re. duced to coincide with the maximum years of abatement per the amount of the value established by the Policy. for example, if the total value established by the capital investment in the Con- templated Improvements is $15,500,000, the number of years of tax abatement shall be reduced I from five years to four years, in addition to the proportional reduction in abatement required un- der Sections I(E) hereof, Provided, however, the actual value of the structure and other im. provements established by the capital investment in the contemplated improvements shall be multiplied by 115 (125%) in accordance with the Tax Abatement Policy to determine if the capital investment in the contemplated improvement thresholds have been met to determine the maximum number of years of the tax abatement. B. A condition of the abatement is that the Contemplated Improvements be con- structed and the Premit,,s be used substantially in accordance with the description of the project set forth in the Application for Tax Abatement, C. A condition of this abatement is that throughout the Term of the Abatement, the Contemplated Impawements shall be operated and maintained for the purposes set forth herein to include the manufacture of trucks and related equipment so that the uses of the Prtmises shill be consistent with the general purpose of encouraging development or redevelopment of the Zone,except as otherwise authorized or modified by this Agreement, D. The City shall have the right to terminate the abatement If t!se Owner does not oc- A, , cupy or lease the Contemplated Improvements for the entire term of this Agreement. In the j event of such termination which results in the owner falling below one or m(ore of the minimum Page 4 10 • I L! threshold levels set forth in Section $(8) hereof, the Owner shall refund to the City all previous tax abatements and all tax abatements for future years shall be terminated. E. If the total Contemplated Improvements constructed on the project do not meet the threshold value of 516,500,000 by January 31, 2000 or 517,000,000 by January 31, 2001, the tax abatement will be reduced by the percentage relative to the actual value and the agreement value. For example, if the total value of the improvements to the real estate and the personal property installed and equipped within the structures is 518,850,000 or 10% less than the 516,500,000 threshold value, then the tax abatement shall be reduced by 10 o or 2,5%, reducing the tax abrtement from 25%to 223% for each year the Owner does not meet these thresholds. If the abatement has already been granted, then Owner shall immediately, upon receiving notice from the City, remit the amount by which the tax abatement should be reduced with interest at six percent (6%) per annum from the time the Owner was not in compliance. For example, in the example above,Owner would remit 23%of the total abatement from the date the abatement was received and interest on the principal amount from the date the Owner was not in compliance. F. Simultat,eously with the execution of this Agreement, the Owner shall enter Into a long-term agreement with the City of Denton Municipal Electric for the provision of electric service for a term of not less than five years, and shall maintain performance of its contractua! obligations for the full period of the contract, Provided, however, the sale of the City's entire electrical system, which by the terms of the agreement between Owner and City for eiectri,Al service causes a termination of the Electrical Services Agreement, shall not constitute a defauh in performance of this Agreement which will result in a recapture of all or a part of the tax abatement. Page S . II . , t' I i M i r. I I G. In consideration of the tax abatement granted herein Owner agrees to comply with all un terms and conditions set forth in this Agreement. 2. GENERAL PROVISIONS A. The City has concluded that it has adopted guidelines and criteria governing tax abatement agreements for the City to allow it to enter into this Agreement containing the terms set forth herein. B. The City has concluded that procedures followed by the City conform to the re- quirements of the Code and the Ordinance,and have been and will be undertaken in coordination with Owner's corporate, public employee, and business relations requirements. C. The Premises are not in an improvement project financed by tax increment bonds. D. Neither the Premises nor any of the Improvements covered by this Agreement are owned or leased by any member of the City Council, any member of the City Planning ano Zoning Commission of the City, or any member of the governing body of any taxing units join- ing in or adopting this Agreement. , E. In the event of any conflict between the City zoning ordinances,or other City or- dinances or regulations,and this Agreement,such ordinances or regulations shalt control. 3. ABATEMENT TERAIS AND CONDITIONS A. In consideration of the Owner me sting all the terms and conditions of abatement set forth he tin, the City hereby grants a tax abatement("Abatement') (1) to Owner relative to the Premises and all improvements to the Premises (the "Improvements'), and(2) to Owner for /r` �, the tangible personal property on the Premises excluding Inventory and supplies, such Abate• ment to be subject to the following leers and conditions. Page 6 12• l• t! qh B. The value of the Abatement on the Premises and the Improvements shall be the following portion of the increase in value of the Improvements on the premises over their value on January 1, 1949, the year in which this Agreement is executed in accordance with §312.204 of the Co& Twenty-five percent {2S°,a) of the increase in value from construction of any Improve- ments. C. The value of the Abatement on th.e tangible personal property on the Premises, excluding inventory and supplies, shall be the following portion of the increase in value of such tangible personal property on the Premises over the value on January I, 1999 in accordance with §312.204 of the Code: Twenty-five percent (2511e) of the increase in value of the tangible personal property on the Premises which is used by Owner in the operation of the Contemplated Improve. ments. I D. Owner shall have the right to protest and contest any or all appraisals or assess- ments of the Premises and'or Improvements or any tangible personal property owned by Owner, I If Owner is successful in obtaining a reduction in taxes based upon such protest or contest after a tax abatement for that year has been granted,it shall immediately notify the City, through its City Manager, E. The term of the Abatement (the "Term') shall begin on January I, 2000 and, un- less sooner terminated as herein provided, shall end on the December 31a immediately preceding the S'h anniversary of the Beginning Date. F. If the value requirements of the Improvements,are riot met, the tax abatement will be reduced by a percentage relative to proposed and actual numbers u set forth in paragraph Page 7 , 13 • j, I I l II E) and the number of years of the tax abatement may also be reduced asset forth in paragraph I(A). 3 4. RECORDS AND EVALUATION OF PROJECT k The Owner shall provide access and authorize inspection of the premises by City employees and allow sufficient inspection or financial information to insure that the improve- meets are made and the thresholds are met according to the specifications and conditions of this Agreement, Such inspections shall be done in a way that will not interfere with Owner's busi- ness operations. City shall annually(or such other times deemed appropriate by the City) evalu- ate the Project to ensure compliance with this Agreement. Owner shall provide information to the City on a fomt provided by the City for the evaluation. The information shall include with- Out limitations the following: an inventory listing the kind, number,and location of and the total value of all improvements to the property, including, without limitation, the value of all strut- rures and all tangible personal property installed or located in the Premises. , B The City Manager shall make a deci:ion and rule on the eligibility of the Project for tax abatement based on the information furnished each year by the Owner on or before August 1 of the taxable year and shall so notify Owner, the Joint Committee on Tax Abatement, and the City Council. If the Owner is dissatisfied with the City Manager's decision, it can appeal his decis'wl to the City council. The City Council's decision on the matter shall be binding, ft• nal, and not appealable, except for arbitrary and capricious acts and actions,gross negligence,or + I willful misconduct, and an y appeal shall be under the substantial evidence rule. Provided, how- ever, that notwithstanding the foregoing, tinder no circumstances shall the City Manager or the J \ c City Council be authorized to terminate, reduce, or recaptttre the Abatement unless the condi- I Page 8 . 14- s c, bons of the Abatement are not satisfied within the time frames specified herein or the Owner k commits a material breach of this Agreement. G During normal office hours throughout the Term of this Agreement, providing reasonable notice is given to Owner, the City shall have access to the Premises by City employ- ees for the purpose of inspecting the Premises and the Improvements in accordance with para- gr,ph 4(A) to ensure that the Improvements are being made in accordance with the specifications and conditions of this Agreement and to verify that the conditions of this Agreement are being complied with, provided that such inspection shall not interfere with Owner's normal business operations. D. The Owner shall annually make a certification in writing to the City Council, the Commissioners Court of Denton County, and the Board of Trustees of the Denton Independent School District, on or before June 1" of each year this Agreement is in effect, that certifies that the Owner is in compliance with each applicable term of this Agreement and any other tax abatement agreement it may have entered into with Denton County and the Denton Independent School District. E. That simultaneously with the execution of this Agreement, Owner is entering into similar tax abatement agreements with Denton County and the Denton Independent School Dis- trict, Nothing in this Agreement shall preclude Denton County and the Denton Independent School District from entering into lax abatement agreements which contain different terms and conditions than this Agreement and different portions of abatement than shown in paragraphs 3(8) and (C) of this Agreement, in accordance with §312.206(c) of the Act, Chapter 312, Sub- r chapter B, of the Act, and all other applicable laws. Page 9 • is - i i } 4 I 1 I i t S. FAILURE TO MEET CONDITIONS i A. in the event that(i) the conditions in paragraphs I(A), (E) and(F) are not met; or iii) Owner allows its ad valorem real property taxes with respect to the Premises or Improve- ments, or its ad valorem taxes with respect to any tangible personal property, if any,owned by the Owner which is located in the Improvements, owed the City to become delinquent and fails to timely and properly follow the legal pru Mures for protest and/or contest of any such ad valo- rem real proper, a tangible personal property taxes; or(iii) any other conditions of the Abate- ment Agreement are not met, then a "Condition Failure' shall be deemed to have occurred (it being understood that a Condition Failure relating to any condition set forth in paragraphs 1(A), (E), or (F), shall not be deemed to occur merely because at a particular time it cannot be deter- mined whether such condition will be met, but shall occur only if at a particular time it can be definitively determined that such condition will not be met. In the event that a Condition Failure occurs, the City shall give Owner written notice orsuch Condition Failure and if the Condition { Failure has not been cured or satisfied within 90 days of said written notice, the Abatement shall be reduced in accordance with paragraph 1(E), and Owner shall remit the amount or the Abate- ( I meet by which it was reduced plus interest from the time the Owner received the Abatement for each year the Owner is out or compliance, Provided, however, that if such Condition Failure is not reasonably susceptible of cute or satisfaction within such 90 day period and Owner has commenced and is pursuing the cure or satisfaction of same,then aver first advising City Coun• cil of efforts to cure or satisfy same, Owner may utilize an additional 90 days. Time in addition i� to the foregoing 180 days may be authorized by the City Council, and such authorization shall not be unreasonably withheld. If a Condition Failure Is not cured or satisfied after the e,.riration of the applicable notice and cure or satisfaction periods, the Abatement shall be terminated with Page 10 • 16- s: respect to the year in which notice of the Condition Failure is given and all future years. it being understood that the Abatement with respect to any year prior to the year in which notice of the Condition Failure is given shall not be forfeited or recaptured except as indicated under Section 5(8) hereof. Notwithstanding any provision in this Agreement to the contrary, Owner shall re- fund to the City all tax abatements previously received with interest for the year in which the no- tice of Condition Failure is given. B. If, however, the Owner fails to construct, renovate or repair any structures or other improv[,v,cnts, or fails to install any equipment or other tangible personal property within the Premises by January 31, 2000, if the value of ail improvements falls below the current mini- mum 55,000,000 threshold for any of the five years of abatement, which causes the amount of Abatement to be reduced to zero,or Owner fails to execute the contract with the City to provide electric service or fails to mainlain performance of its contractual obligations for the full period of the contract, the,t this Agreement may be terminated or modified by the City. In this event Owner shall ref,nd to the City all tax abatements previously granted and received under this , Agreement with interest on the amount to be refunded at six percent(6%) per annum. Addition- ally, as set forth in Section 1(A), failure to construct and place Contemplated Improvements on the Premises that have a value of at least S 16,50MOO by January 31, 2002, shall cause the term of the abatement to be reduced in accordance with the City's Tax Abatement Policy. C. That in the event of a condition failure by Owner which is not cured or satisfied as set forth herein, in addition to a partial or total recapture of the tax abatement the City may can. cel or modify this Agreement Page I 1 _ t� k 6. EFFECT OF SALE, ASSIGNMENT, OR LEASE OF PROPERTY A. The abatement with respect to the Project, including any tangible personal prop- erty located on the Project owned by Owner shall vest in Owner and shall be assignable, with City approval, which shall not be unreasonably wiaheld, to any individual, partnership,joint venture, corporation, trust or other entity (irrespective of whether or not such assignee is related to or affiliated with Owner) which acquires title to the Project. Any assignee of Owner or any assignee of a direct or indirect assignee of Owner shall be treated as "Owner" under this Agree- ment. No assignment shall require the consent of City if, following such assignment, the Owner continues to occupy and operate the Contemplated Improvements for the full term of this Agreement. Nor shall the consent of the City be necessa,-v if the assignee agrees in writing to fully comply with the terms and conditions of this Agreement. 7. NOTICE All notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designated in writing, by certified mail, return re- ceipt requested,postage prepaid or by hand delivery: OWNER: CITY: Peterbili Motors Company Michael W.Jez,City Manager Frank Burke, Denton Plant Controller City of Denton,Texas 3200 Airport Road 21 S East McKinney Denton, Texas 76207 Denton,Texas 76201 8, r CITY COUNCIL AUTHORIZATION A This Agreement was authorized by the City Council by passage of an enabling ordinance }t� at its meeting on the ` day of _, 1999, authorizing the Mayor to execute this Pape 12 , 15, I I Agreement on behalf of the City, a copy of which is attached hereto and incorporated herein as Exhibit"D" as if written word for word herein, 9. BOARD OF DIRECTORS AUTHORIZATION This Agreement was entered into by Owner, Pursuant to authority granted by the Board Of Directors of Owner,as authorized by corporate evidence authorizing such authority including, without limitation,by laws,corporate resolutions, letters of authority or other sufficient evidence of authority as attached hereto and incorporated herein as Exhibit"E"as if written word for word herein, I0. SEVERABIILTY In the event any section, subsectien,paragraph,sentence,phrase or word is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand,shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, sulIsection,para- graph, sentence,phrase, or word. In the event that(i)the term of the Abatement with respect to any property is longer than allowed by law, or(ii)the Abatement applies te, a broader classitica- , tion of property than is allowed by law,then the Abatement shall be void with respect to the classification of property abated hereunder,and the portion of the term,that is allowed by law. 11. ESTOPPEL CERTIFICATE Any party hereto may request an estoppel certjfrcate from smother party hereto so long as the certificate is requested in connection with a bona fide business purpose. The certificate, r which if requested will be addressed to the Owner, shall include, but not necessarily be limited to, statements that this Agreement is in full force and eff6-ct without default (or if default exists the nature of default and curative action, which should be undertaken to cure same), the remain- Page 13 - 19- a ing term of this Agreement, the levels and remaining tern of the Abatement in effect, and such other matters reasonably requested by the party(ies)to receive the certificates. 12. OWNER STANDING Owner, as a party to this Agreement,shall be deemed a proper and necessary party in any litigation questioning or challenging the validity of this Agreement or any of the underlying or- j dinances, resolutions, or City Council actions authorizing same and Owner shall be entitled to intervene in said litigation. 13. APPLICABLE LAW This Agreement shall be construed under the laws of the State of Texas. Venue for any i action under this Agreement shall be the State's District Court of Denton County, Texas. This Agreement is performable in Denton County, Texas. 14, RECORDATION OF AGREEMENT A certified copy of this Agreement in recordable form shall be recorded in the Deed Rec- ords of Denton County,Texas. 1 15. :MUTUAL ASSISTANCE City and Owner agree to do atl things necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out such terms and pro. visions. Owner and City agree at any time,and from time to time, to execute any and all docu- jmeets reasonably to nested b the other P Y to a arty out the intent of thin A gemenL t ,,` n Page 14 _ 20_ a A e, 16. ENTIRE AGREEMENT This instrument with the attached exhibits and the agreement to be executed between the parties for the provision of electric service to Owner by the City, contains the entire agreement between the parties with respect to the transaction contemplated in this Agreement. 17. BINDING This Agreement shall be binding on the parties and the respective successors, assigns, heirs, and legal representatives. 18. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed an original,but all orwhich together shall constitute one and the same instrument. 19. SECTION AND OTHER HEADINGS Section or other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement 20. X:010rNT V ENTURE Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the parties,and any implication to the contrary is hereby disavowed. 21. AMENDMENT i .> This Agreement may be modified by the parties hereto to include other provisions which ( JF could have originally been included in this Agreement or to delete provisions that were not Page Is . 2E . y i I I A originally necessary to this Agreement pursuant to the procedures set forth in Title 3, Chapter 312 of the Code. 22. FORCE MAJEURE If,because of flood, fire,explosions, CHI disturbances, strikes,war, acts of God,or other causes beyond the control of either party,either party is not able to perform any or all of its obli- gations under this Agreemen4 then the respective party's obligations hereunder shat? `e sus. pended during such period but for no longer than such period of time when the party is unable to perform. That this Agreement was EXECUTED this day of 1999, by duly authorized officials of the City of Denton, Texas, a Texas Municipal Corporation; and by duly-authorized officers of Peterbilt Motors Company, a Division of PACCAR, lnc., a Delaware Corporation, being authorized and in good standing to do business in the State of Texas, CITY OF DENTON,TEXAS JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY ,"A � By: j i Page 16 -22 - i i i I I I I i � I APPROVED AS TO LEGAL FORIM: HERBERT L. PROUTY,CITY ATTORNEY By; 1r,,11� `' y L PACCAR,INC. A Delaware Corporation PETERBILT MOTORS COMPANY By: NICHOI.AS P. PANZA Vice-President -PACCAR Inc. General Manager-Peterbilt Motors Company ATTEST: J By: STATE OF TEXAS § COUNTY OF DENTON § Before me, the undersigned authority, a Notary Public in and for said State of Texas, on this day personally appeared Jack Miller, Mayor for the City of Denton, known to me to be the :person who signed and executed the foregoing instrument, and acknowledged to me that this in. strument was executed for the purposes and consideration therein expressed. Given under my hand and seal of office this the_day of , 1999. A� f Notary Public in and for the State of Texu My Commission Expires: Page 17 .23. t i `i 1 STATE OF TEXAS § COUNTY OF DENTON § Before me, the undersigned authoity, a Notary Public in and for said State of Texas,on this day personally appeared Nicholas P. Panza, known by me to be the Vice-President of PAC. CAR, Inc. and General Manager of Peturbilt Motors Company on behalf of PACCAR, Inc, and Peterbilt Motors Company, known to rre to be the person who signed and executed the foregoing instrument, and acknowledged to me that this instrument was executed for the purposes and con• sideration therein expressed. Given under my hand and seal of office this the_day of lggg. Notary Public in and for the State of Texas My Commission Expires:__ N..t Am Lot a o.un.ea cl. w hw%k t.ke�Caw.a w 1 J Page t s •24• EXHIBIT A DENTON POLICY FOR ' TAX ABATEMENT 1. GENERAL PURPOSE AND OBJECTIVES The City of Denton(City),the Denton Independent School District(DISD)and Denton County are committed to the promotion of high quality development in all parts of the city and to an ongoing improvement in the quality of life for its citizens. Insofar as these objectives are generally served by the enhancement and expansion of the local economy,the City of Denton,DISD,and Denton County,will on a case-by-case basis,give consideration to providing tax abatement as a stimulation for economic development in Denton. It is the policy of the City and DISD that paid consideration will be provided in accordance with the procedures and criteria outlined in this document. Nothing herein shall imply or suggest that the City,DISD or Denton County are under any obligati(n to provide tax abatement to any applicant. All applicants shall be considered on a case-by-case basis. Tax inducements, as described in this policy, will be considered for new, expanding and mode mizing basic industries,corporate office headquarters and distribution centers. H. CRITERIA Any request for a tax abatement shall be reviewed by the Joint Committee on Tax Abatement, said Committee being comprised of two elected officials from each of the taxing entities involved. One additional staff'person from each jurisdiction shall be appointed to serve as a nonvoting, ex officio member of the committee. The Joint Committee on Tax Abatement serves as a recommending body to the taxing entities regarding whether economic development incentives should be offered in each individual case. Their % 1 �` recommendation shall be based u;on an eveJuation of the following criteria which each applicant will be requested to address in narrative fotmat: 1. History and Philosophy of th,.-Cum: s 149 u.n%llVrrAA u.ma.rrain"CLWrho - 25 - r t; t a) Nature of products and geographic penetration. b) Financial statements for past five years or life of firm whichever is shorter. c) Chronology of plan I openings,closings.&relocations over past 15 years. d) Record of mergers and financial restructuring during last rive years. e) Record of employment and training provided for handicapped and chronically unemployed. 2. Project Specifications: a) Provide plat of project including all roadways,land use and zoning wihin 500 feet of site. Legal description of site is required. b) Is the project a relocation or new facility to expand operations. If rel(cation,give current location. c) Project investment in real and personal property at the above site for each of the next ten years. i d) Project permanent employment for next ten years resulting from the new imeatment. Indicate number of jobs that will be filled by people from outside the mctroplex. Include estimated average annual salary on newjobs. e) What is the total current payroll and the projected payroll when project is completed. q Describe employment training requirements including provisions for training I handicapped and chronically unemployed if applicable. g) Project utility(gas,electricity,water,etc.)usage for each of next ten years. h) Estimate the infrastructure (streets, sewer, water, etc.) requirements necessary to operate the new facility. i) Estimate the annual operating budget for next ten years. j) Will the occupants of the project be owner or lessees? If lessees, are occupancy commitments already existing? j k) Give the name,address,and telephone number of contact person. r.r,u.ica�n.x.u�rc.e.rruiKr.Nwaf4 •26- c; I 3. The community impact of the project: It. i ' a) Project the value of teal and personal property that will be added to the tax rolls. i b) Using current rates estimate the additional takes that will be directly generated by the Project without considering any proposed abatement for each of the affected taking entities for each of the next ten yeas. c) For each taxing entity indicate the amount of tax abatement requested for each of next ten years. d) Estimate the increase in investment in other local businesses resulting from the project t for the next ten years. e) Estimate the increased housing needs in the area resulting from the project for ten years, f) Estimate the increase in the tax rolls for each taxing entity for the next ten years. g) Estimate the infrastructureconstruction that would be required because of the growth resulting indirectly from the project. h) Provide the specific deli of any businesses/residents that will be displaced and assistance that will ba av,w to from the requesting,entity. 1 i) Estimate the increase in stud ts by grade lev,:I resulting from the project including ` tl•.e multiplier effect(indirect , 1wth)for the next ten yeas. Show the increase for each imPacted school district. j) Provide description of any histot dy significant area included within the project's , area. if any,give detail of how the 4 orically significant area will be preserved. k) Provide information of any detrin, tl effect on existing businesses, recreational areas,and residential area. 1) Provide details of any benefit to area of the community targeted for revital i zati ontredevelopment, Ill. VALUE OF INCENTIVES The criteria outlined in Seaton li will be used by tht J,.nt Committee on Tax Abatement in r, determining whether or not it is in the best interests of the affected taxing entities to recommend that tax abatement be offered to a particular facility. Specific considerationswill include the degree to which the I individual project furthers the goals and objectives of the community,as Weil as the relative impact of the project. New, expanding and modernizing businesses will be eligible for abatement if the minimum { r�R V.1il�fr\}'.r�\a�1RNI\71pt¢y,rl4R[\TK - 27- 1 t f0 (1 i I threshold.as described below,is met. i Onc:a determina ion has been made that a tax abatement should be offered,the value and term of ! the abmementuill be determined by referencingthe following table: TABLET: Establishes maximum length of abatement according to assessed real property value of improvements and personal property. MAXIMUM MAXIMUM VALUEOFSTRUCTURE YEARSOF PERCENTAGEOF AND PERSONAL PROPERTY ABATEMENT ABATEMENT 100 l0 25 110 80 0 25% 65 8 25°'0 50 7 25% 35 6 25% 20 5 23% 15 4 25% t0 3 25% 5 2 25% If an existing business is located within the boundaries of the participating jurisdictions and decides to expand or relocate within such boundaries, the actual value of the stnature shall ite multiplied by 12$%prior to utilizing Tablet. if the expanding or relocating business is abandoning any property or improvements within the jurisdictions, the value of this abandoned property shall be subtracted from the new value figure prior to multiplying the value by 125'/.. The tax abatement shall not apply to any portion of the land value of the project Applicants agreeing to extend infrastructure improvements (streets and utilities) to improve other industrial sites which can be marketed by the Chamber of Commerce Economic Development �r� A i Director may be eligible for a greater tax benefit than those described above by utilizing tar increment financing procedures. The offering of such an inducement will be evaluated on a case-by-case basis dependent upon the applicants ability to make available improved industrial sites. ru u4ruffsrr.r u,n+rc.rroun Innrnrtw -28- L i 1 a Preliminary Aoolisatlon IV. PROCEDURAL GUIDELINES Any person, organization or corporation desiring that the City or DISD consider providing tat abatement to encourage location or expansion of facilities within the limits of the jurisdictions shall be rcauited to comply with the following procedural guidelines. Nothing within these guidelines shall imply or suggest that either the City,or DISD, is under any obligation to provide tax abatement to any applicant. A. Applicant shall complete the attached"Application for Tax Abatement." B. Applicant shall address all criteria outlined in Section It above in narrative fort. C. Applicant shall prepare a map showing the precise location of the property and all roadways within 500 feet of the site. D. If the property is described by metes and bounds, a complete legal description shall be provided. E. Applicant shall complete all forms and information detailed in items A through D above ` and submit them to the Cit. .vtanager,City of Denton, 215 E. McKinney, Denton, TX 76201. Application Review Step F. All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. O. The application will be distributed to the appropriate City and DISD dt artments for r r internal review and comments. Additional information may be requested as needed. H. Copies of the complete application package and staff comments will be provided to the Joint Committee on Tax Abatement. ra u�rn..rr�.�wrnic�T rarer.t�vu.s H • 29 4 : C• Consideration of the Application I. The Joint Committecon Tax Abatement will consider the applicationat a regular or called meeting(s). Additional information may be requested as needed. J. The recommendation of the Joint Committee on Tax Abatement will be forwarded.with all relevant materials,to the chief administrative office of each taxing entity. K. if the City Council of Demon decides to grant a tax abatement it shall consider a resolution calling a public hearing to considerestablishmentof a tax reinvestment zone in accordance with Section 312.201 of the Tax code and meeting one or more of the criteria of Section 312.202 of she Tax Code. L. The City Council of Denton shall hold the public hearing and determine whether the project Is"feasible and practical and would be of benefit to the land to be Included ir.the zone and municipality in accordance with Section 312.201." Special tonne eration shall be given to policies noted In the Denton Development Plan when designating a tar reinvestment zone. M. The City Council of Denton may consider adoption of an ordinance designating the area described in the legal description of the proposed project as a commercial/industrial tax abatement zone. N. The City Council may consider adoption of an ordinance or resolution approving the terms and conditions of a contract between the City and the Applicant governing the provision of the tax abatement and the commitments of the applicant Including all the terms required by Section 312.205 of the Tax Code and such other terms and conditions as s t . n the City Council may require. Should the commitments subsequently not be satisfied,the tax abatement shall be null and void,and all abated taxes shall be paid immediately to the City of Denton and a:I other taxing Jurisdictions participating in the tax abatement � r�r w mn.r rya u�nwrr raKr.awvr r, •30 J t.- I ` 1 agreement Provisionsto this effect shall be incorporated into the agreement. O. The governing bodies of the various taring entities may consider ratification of and participation In the tax abatement agreement between the City of Denton and the applicant. Any tax abatement agreement will address various issues, including, but not limited to, the following; 1. General description of the project; 2. Amount of the tax abatement and percent of value to be abated each year; 1 3. Method of calculating the value of the abatement-, 4. Duration of the abatement,including commencementdate an 1 terminationdate; S. Legal descriptionof the property, 6. Kind,number,location and timetable of pleat.3 improvements 7. Specific terms and conditions to be met by applicant; S. The proposed use of the facility and nature of construction; 9. Contractual obligations in the event of default,violation of terms or conditions,delinquent taxes,recapture,administration and assignment 1 Annual Evaluation Upon completion of construction, the Joint Committee on Tax Abatement shall annually evaluate each facility receiving abatement to insure compliance with the agreement and report possible violations of the agree+gent to the taxing entities. At i c. S 141 4jA}t\It%}}4X AIATtlLL.v}iOLKV•CL1Wh}Iw 31 I I I i { i i i I i i f Transfer orAss enment ' A contract for tax abatement may be transferred or assigned by the original applicant to a new owner upon the approval of the various taxing jurisdictionsafter such a recommendation is made by the Joint Committee on Tax Abatement. i • I I 4 1 AM 4M4TL4t%T f 4M 4A4T1MVT IOIM:T•ftM4YT M - 32 • c � l27B.1L trsT3tZ IS lamm 4zzr TJUaT Tm Icin r1Yk'% %VI rw 1"71W TEW 16M1 9" l PCBRSi $klrAli TL UX10B SoTZ. "TI&P "J-0g TO SM*-K 3%a TliES12NT t%Wl k'T TkW,OR .VGkM ' 7 ML L174K26MWNT OF RELMISTMENT Za%l E RJR CW\Nt1rTT.l'j*.j i\!� 0DO SmAL TAX AAjk EJ[L%T Pt OSM TIM PCRf-LAT OF M 2l\%r tS INN ATTTi ti!_'T TEL rETLUILT moTM Co)V 3L%j MkwkCT . _N,D :CLN{iI.AIC f.'+7J STRLILL A.WD Cox% EJLCIAL BL—m LniJmsts To Tut CST\ kw DE'�Tfiti. CREATE JOBS, E XS-D THE LOCAL TA_N &,M5f, AND ill .ATTILACT MAJOR L\'1'EST34ENT CC THE ZONT THAT 'ADLlD BE A BENEFIT TV) THt PROPERTY AND THAT %'OL'LD CONTRIBI-TE TO THE ECl1N'll�lh' DEl'ELOPyfE.1T OF THE CITY. THE PROPOSE OF THE HEARING %Ill. BIB To DL7ERSII.-NE WHETHER THE LAIPRO%`EMlN"FS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND t\CLUDED l\ THE ZONE AND TO THE CITY AFTER EXPIRATION OF THE TAX ABATEMENT A(;REEMENT UNDER CHAPTER 312 OF THE TAX CODE. ALL INTERESTED PARTIES, INCLUDING RESIDENTS OF THE PROPOSED 'LONE,ARE ENCOURAGED TO PRESENT THEIR NEWS AT THE HEARING, THE PUBLIC HEARING WILL BE HELD ON NOVEMBER 16, 1999 AT 6;00 P,M. IN THE CITY COUNCIL CHAMBERS AT CITY HALL AT 215 EAST i MCKINNEY STREET,DENTON, TEXAS. A, REINVESTMENT ZONE II WILL BE COMPOSED OF APPROXIMATELY 100 ACRES OF LAND OUT OF THE JOHN DAVIS SURVEY, ABSTRACT 326, JAMES f I i t i PERRY SURVEY, ABSTRACT 1040, AND EUGENE PUCHALSKI SURVEY, ABSTRACT 996, DENTON COUNTY, TEXAS, THE REINVESTMENT ZONE IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE JOHN DAVIS SURVEY, ABSTRACT NO. 326, THE JAMES PERRY SURVEY, ABSTRACT NO. 1040, AND THE EUGENE PUCHALSKI SURVEY, ABSTRACT NO. 996, DENTON COUNTY, TEXAS, AND BEING ALL OF LOT Is BLOCK As PETERBILT ADDITION, AN ADDITION TO THE CITY AND COUNTY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET H, PAGE 195 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND DESCRIBED IN A DEED TO SUDERMAN AND YOUNG TOWING COMPANY, INC., AS RECORDED IN VOLUME 12719 PAGE 799 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PETERBILT ADDITION, ON THE NORTH RIGHT-OF-WAY OF F.M. ROAD 1515 (AIRPORT ROAD), SAME BEING THE SOUTHEAST CORNER OF LOT Is BLOCK 1 OF WESTPAR ,4 AN ADDITION TO THE CITY AND COUNTY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET Co PAGE 127 01 THE PLAT RECORDS OF DENTON COUNTY,TEXAS; A "'• THENCE NORTH Ole 29 40 EAST WITH THE WEST LINE OF SAID i � 1 PETERBILT ADDITION AND THE EAST LINE OF SAID WESTPARK, A DISTANCE i I Page 2 . 34 . i it I I OF 2075.19 FEET TO A POINT FOR CORNER AT THE NORTHWEST CORNER OF SAID PETERBILT ADDITION AND THE NORTHEAST CORNER OF SAID WESTPARK, SAME BEING ON THE SOUTH LINE OF SAID SUDERMAN AND YOUNG TOWING COMPANY,INC.,TRACT; THENCE NORTH 010 30' 25" EAST, A DISTANCE OF $08.10 FEET TO A POINT FOR CORNER; THENCE SOUTH 880 30' 20" EAST, A DISTANCE OF 167831 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE WITH SAID CURVE TO THE RIGH1,HAVING A CENTRAL ANGLE OF 900 00' 3111, A RADIUS OF 40.00 FEET, AN ARC LENGTH OF 62.89 FEET, A CHORD WHICH BEARS SOUTH 430 30104" EAST, A DISTANCE OF 56.62 FEET TO A POINT FOR CORNER; THENCE SOUTH 010 29' 20" WEST, A DISTANCE OF 468.06 FEET TO A POINT FOR CORNER AT THE NORTHEAST CORNER OF SAID PETERBILT ADDITION, ON THE SOUTH _INE 0, SAID SUDERMAN AND YOUNG TOWING COMPANY,INC,TRACT; THENCE SOUTH 01° 29' 40" WEST WITH THE EAST LINE OF SAID PETERBILT ADDITION AND THE WEST RIGHT-OF-WAY OF PRECISION DRIVE, A DISTANCE OF 952.13 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE WITH THE WEST RIGHT-OF-WAY OF PRECISION DRIVE AND !/ THE EAST LINE OF SAID PETERBILT ADDITION WITH SAID CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 41. 40' 00"9 A RADIUS OF 397.82, AN ARC Page 3 • 35 Jl � 6 1 ' i LENGTH OF 289.30, A CHORD WHICH BEARS SOUTH 190D 20' 20" EAST A DISTANCE OF 282.97 FEET TO A POINT FOR CORNER; THENCE SOUTH 400 10' 20" EAST WITH THE EAST LINE OF SAIII PETERBILT ADDITION AND THE WEST RIGHT-OF-WAY OF PRECISION DRIVE, A DISTANCE OF 41.60 FEET TO A POINT FOR CORNER AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY OF F.M. ROAD 1515 AND THE WEST RIGHT-OF- WAY OF PRECISION DRIVE, SAME BEING THE SOUTHEAST CORNER OF SAID PETERBILT ADDITION,AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE WITH THE NORTH RIGHT-OF-WAY OF F.M. ROAD 1515 AND SAID CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 270 38' 04"9 A RADIUS OF 617.96 FEET, AN ARC LENGTH OF 298.05 FEET, A CHORD WHICH BEARS SOUTH 32. 50' 03" WEST A DISTANCE OF 295.17 FEET TO A POINT FOR i CORNER AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE SOUTH 19. 01' 00" WEST WITH THE SOUTH LINE OF SAID PETERBILT ADDITION AND THE NORTH RIGHT-OF-WAY OF F.M. ROAD 15151 A DISTANCE OF 207.60 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE RIGHTI THENCE WITH THE NORTH RIGHT-Ci -WAY OF F.M. ROAD 1315 AND THE SOUTH LINE OF SAID PETERBILT ADDITION, WITH SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 72' 03' 00"s A RADIUS OF 527.96 FEET, AN ARC LENGTH OF 663.92 FEET AND A CHORD WHICH BEARS SOUTH $50 02' !fir; 30" WEST A DISTANCE OF 621.03 FEET TO A POINT FOR CORNER; Page 4 -36 Ci a O i SCE NOM 1TMT$E � LM OF � D137 �AD O,AND THE �T$ �T�.WAY OF F y CE OF Mill FE" SAD is ,, U ALL 1 00.04 ACRES Off'E A.ND. � t OLNT OF "GTXNXvG 4..N'D CON MNJ�C i I i Page S . 37. c �o U �V 11111111 a a K3 Pdaft ray., • • \4 17 F1 U 4 1 1 I P• ' jdkt/Pfgx*W F rr+a k yen!Zap • _ Ygdty" �..■rr Now c. EXHIBIT C February 23, 1999 Ms. Linda Ratliff Director of EcommIc.Development 215 E. McKinney Ave, Denton, TX. 78201 Osar Linda, Attached is a revised copy of the tax abatement application. This Includes the changes we discussed today.The Investment was reduced sgnific:antly to recognize changes to our assessed value caused by retirements,disposals and depredation to existing equipmenL Please take this revised application to the Tax abatement cc4mnittee. It is important that we get the tax abatement for this project. This project gives us the equipment ccp&dty for further expansion opportunities, which Includes the introdLction of a new truck model. The successful implementation of this project is important to Peterbilt employees at the Denton plant. This project is essential In that we will be positioned favorably in the event of a market downturn.as compared to the Nashville plant. Linda please let me know if you have any c'iestions and thank you for your lme and help in filing this application. 1"e d-4'Frank Burke Plant Controller, Denton Plant ` cc: Jim Aston, Peterblit Frank Mantmano, Paccar Inc. One Rudkin.Peterbilt Robed Woodall, Peterbitt � PET£RlILi 40T0!isCOMPANy �' '� "Q" '�� ' ' 39' f c, i i PETE RBMT.MOTORS COMPANY 3200 AIRPORT ROAD DENTON,TEXAS 76207 TAX ABATEMENT APPLICATION RMSED FEBRUARY 27, 1999 j . 40 . t �. tJ l I. HISTORY AYD PHILOSOPHY OF THE FIMI: s. Nature of produce and geographic penetration. • Heavy duty Cluj S trucks and light duty Class b 1 trucks. Hlr"ie penetration in North America It • I I's product shipped throughout the U.S.and internmortslly. b. Financial statementj for the past five years of life of the rtren whichever is shorter. PACCAR does not Mort sales and pront on an unconsolidated buts for operating divisions. A copy of PACCAR'S 1996 Annual Report is attached C. Chronology ofplsnt optnings,closings and relmdons over be past I f years. Facility opened in 1980 has grown steadily in terms of both production and employment levels. No plant closings at relocations ance pr0ticrion began in 1910. d. Record of mergers and financial testruc twin;during the lur•1v a yens. None. e. Record of empioymty and training provided for handicapped and chronically unemployed. • The Plant employs a number of physically challenged individuals. Approximately S!:of our current workforce U participating in went form of modified duty cork. We have an extensive ongoing program to provide oppom flity for current employees that art p hys is a lly challengtd. 'Ne have maintained steady employment;%a,h since production began in 1980 Out employment practices provide equal opporrunury to 111 without any Particular preference to the chronically unemployed. 1. PROJECT SPECIFICATIONS: a. Provide 3 pill of project including 311 roadways,land use and toning within Soo feet of site. Legal description of site is required. Project will bt within existing plant ficiliry located at 3200 Airport Road MW foe the expansion of an employee puking lot located adjacent to the Plant. b. Is the project a relocation of new facility to expand operarions! • Me project expands our current operation by ptoviding the assembly equipmelt 11eee113ry to produce a new truck model. It also gives us the r�' production fkxibiliey to further iacre3se our build rate as market conditions change. • dl a � x. 2 , ¢. Eatiwred incremental changts to our assessed tax value is indicated below, Project Total 2000 I6.700.000 2001 17,150,000 2002 17.273,000 2003 17,500.000 2004 17,650.000 This does not include dm 12SI4 multiplier totals existing business. d. Project permanent employment for next five years resulting from the new Inclu"te estimated avenge annual salay on aewjobs. Emvestmens. Current production would be sustained at the 100 employee level depending on market conditions, The estimated average annual salary is$40,000 at the current employment level excluding Singes. e. What is the total current payroll and the projected psytoll when project is completed! The current Payroll is adequate to support the current build rate. f• Describe employment training requirements if applicable. New hires receive 40 hours of classroom training and extensive on•the• job training. PeterbtIt providrs all training in-house. 4 Project utility fgai,electricity,water,tic,I usage for eachofne.xt five years. El Tc—Y 2411 Water 1ta_l 1999 1,650,000 f 350,000 f 140,000 S 2140,000 2000 1,675.000 373,000 1 SUM 2,200.000 2001 1,675,000 373,000 1501000 2,200.000 2002 1,700.000 400,000 160,000 2260,000 2003 3,700,000 400.000 160.000 2004 1,700,000 400,000 160,000 2,.160.000 h. Estunate the Infrestrucrure(streets,sewer, water, etc,)requirements necessary to operate the new facility, • No new additional infrastructure required, bowevzr,increased traffic tahom facility could be minimized by widening Airpon Road. 3. (1) Provide details of any benent to in area of the ton•munity targeted for revitallsa don/redevelop meat, Due to project location impact to areas of community targeted for revitalization r r Is limited A ` r r • q2 • I u I I s Pelarbllt Mntors Company ' Tax Abatamant Applleatlon Nat Investment Caleulatlon swim Total TOW Fit I� PJaa+M AIJY 1•Jan•// E1nQlm' YaW hH :200,000 11,500,000 13,100.000 11,100,000 31,600.000 Capacity Eapansron mveafmMts:IAOdilipns) Chassis booth 1 cab Malher Puns Pddih 3600,000 HI-0q b Painted part$storage 1,100,000 Omar ClPacdy elpMSlon 4.000.000 Model 767 Robot N ciuw addibonl 5.000.000 2,000.000 u.7ao.aaa D"filt qn df Addibanl I10%l 12210.000) O sp011t1 or U+sbng Iquipment Chassis WLh I ab wlMer runt booth (700,000) K-bay 6 Punted Para arorage 11000001 Other Capaaty eXpansgn (900000) Model 317 Robot 111 Prior depraotsW adjustments I6416 redueton atmatsl 55 DOW Iftbana 11.448,0001 (600.000) 13141,000) ' Estimated Assessed Valw 01200 ' e6.ea2.aae InuemenarCnange in bv2000 1 s.MA00 Adddane odor 2.000,000 "Properly adjustments 12M No) 11.332.1601 fna/mentsl Change ts 1/1/2001 467,140 Add,hone 17,14/,640 it Deer 1.500,000 Prior properly s4uumsi (150,0001 (1,275,1111 Inaementsl Chang)A 111/2002 124,413 ,1,274,253 Addif vs Deof 1,500000 Aron Properly adjustments (160.000) (1,127,5401 InaemMIAl Change,n 1/1/2003 222.460 / Deer 11325.000 • Prior property adjuatmantl (132,500) (1,031.3211 Inaamentsl Change'M t!N2004 155,163 070 .43- •43• L e, PeterbUt Motors Company ' Tax Abatement AppUeallon New Tax Revenue I Abatement 0.lOI,S 0.24616 its 25% 2611 16•, nramMW InvanUnyl M InaemenW lM&@MenW Inaw6nW Pe PI P! Pe 4aued Tax Revenue W Ravenna Tlx RavenW r6x Rvvvus ADalema d Abalsewl AUMM M ADatlmwl Y6W3t CA CWM &M ?31161 Ch CNM low low 2000 t6.662.000 64,770 41,400 306617 434,667 21,102 10374 46207 MAO 2001 17,140,640 a7,147 42AO 317,212 1N,070 21,767 10661 47,601 60,0+3 2002 17,274,262 $1,770 42,070 310,574 450,322 21,040 10.742 47,036 60.623 2003 11,406,1,7 660,0 43,323 323460 456,122 22,221 104161 46.663 V W2 2004 17,061,416 66601 43.000 326560 46,167 21421 0,017 46,164 12.366 i . 44, c EXHIBIT D . ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A TAX ABATEMENT AGREEMENT WITH PETERBILT MOTORS COMPANY SETTING FORTH ALL THE RE. QUIRED TERMS OF THE TAX ABATEMENT AGREEMENT IN ACCORDANCE WITH THE TERMS OF CHAPTER 312 OF THE TEXAS TAX CODE; SETTING FORTH THE VARIOUS CO'.VDITIONS PRECEDENT TO PETERBILT MOTORS COMPANY RECEIV- ING THE TAX ABATEMENT; AUTHORIZING THE MAYOR TO EXECUTE AN AGREE. MENT WITH PETERBILT MOTORS COMPANY TO PROVIDE ELECTRIC SERVICE FOR A MINIMUM PERIOD OF FIVE YEARS, PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DAI E. WHEREAS, on the 2nd day of November, 1999, after a public hearing duly held in ac• cordance with Tex. Tax Code 1312101 (the "Aetl�, the City Council passed Ordinance No. 99- (the "Ordinance') establishing Reinvestment Zone No. 9, City of Denton, Texas as a commercial/industrial reinvestment zone for tax abatement(the "Zone'), as authorized by Title 3, Chapter 312,Subchapter B of the Act; and WHEREAS, on the 23rd day of February, 1999, Peterbiit Motors Company submitted an application for tax abatement with various attachments to the City concerning the contemplated use of certain property located within the Zone;and WHEREAS, the City Council finds that the contemplated use of the premises and the contemplated improvemen4 to the premises, sa indicated by Peterbilt Motors Company are con- sistent with encouraging the development of the Zone in accordance with the purposes for its creation and are in compliance with the Denton Tax Abatement Policy;and WHEREAS, the City Council deems it in the public interest to enter Into a Tax Abate- merit Agreement with Peterbiit Motors Company; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1 SECTION 1. That the findhigs contained In the preamble to this ordinance are true and correct and are adopted as a pin of th t whole ordinance. SECTION 2. That the City Co incil finds and determines the following: t, That the contemplated we of the premises and the contemplated improvements of the prem- ises, as indicated by Peterbilt Motors Company are consistent with encouragfng the devel. opment of the Zone In accordance with the purposes of its creation and are in compliance with the Denton Tut Abatement Policy. 2. That the City Council (lads that the improvements sought by Peterbiit Motors Company within the tone are fastble and practical and would be a benefit to the land to be included in the Zone and to the City after the expiration of the Tax Abatement Agreement to be entered Into with Peterbiit Motors Company. • aS • 3. That the City Council finds that the Tax Abatement Agreement contains all the terms which are manditorily required to be Included in any tax abatement agreement under 1312,205 of the Act. 4. That, in accordance with ¢312,2041 of the Act, the City Council finds that not later than the date on which the City Council considered this ordinance, and not later than the seventh day before the date the City enters into a Tax Abatement Agreement with PeterbiIt,Motors Com• pany, that the City Manager, through the Director of Economic Development, who are hereby designated and authorized by the City Council to give such notice, delivered to the presiding officer of the Denton Independent School District and Denton County a written notice that the City intends to enter into this Tut Abatement Agreement with Peterbilt Motors Company, and that this notice included a copy of the proposed Tax Abatement Agreement in substantially the form of the Tax Abatement Agreement &trashed to this ordinance. 5, That before the passage of this ordinance, the City Council held a public hearing in actor• dance with 3312.201 of the Act and created Reinvatment Zone No. II. SECTION 3. That the Mayor, or In his absence, the Mayor Pro Tem, is hereby author- ized to execute a Tax Abatement Agreement with Peterbilt Motors Company, substantially in the form of the Tax Abatement Agreement which is attached to and made a part of this ordinatce for all purposes as if written word for word herein. SECTION 4. That the Mayor,or in his absence,the Mayor Pro Tern is further authorized to execute the attached contract between the City of Denton and Peterbilt Motors Company to provide exclusive electric service for a period of not less than five years, in substantially the form of the Electric Service Agreement, which is attached to and made a part of this ordinance , for all purposes as if written word for word herein. SECTION 5. That the City Council hereby instructs and authorizes the City Manager to inspect, audit, and evaluate the progress of Peterbilt Motors Company to determine if it has met all of the conditions of the attached Tax Abatement Agreement prior to the tax abatement going into effect, SECTION 6. 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, the City Council of the City of Denton hereby declares that they would have enacted sue remaining portions despite any such valldity. SECTION 7. That this ordinance shill become effective immediately upon its passage i and approval, 't Page 2 •16 • • R 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,C)TY ATTORNEY k 1 AM 41r�OLWr OwrnraMrNr./Nr�Y}r IrwMOAY Page •47 • c� J I EXHIBIT E Ono November 8, 1999 Mr. Herbert Prouty, City Attorney c/o City of Denton,Texas 215 E.McKinney Avenue Denton,TX 76201 Re: Corporate Authority Dear Mr, Prouty: As General Manager of Peterbilt Motors Company and a Vice-President of PACCAR Inc,.1 am authorized to sign contracts on beha!f of Peterbilt Motors Company, including the "Tax Abatement Agreement Between the City of Denton, Texas and Peterbilt Motors Company"and the "Electric Service Agrament Between the City of Denton,Texas and Peterbilt Motors Company." N hol a m ice•President—PACCAR Inc. General Manager,Peterbilt Motors Company A , .48 • t t i C ! k STATE OF TEXAS § § COUNTY OF DENTON § ELECTRICSERi7CE AGREEMENT BETIVEEN THE C/TyorDENTO:V, TEXAS AND PETERB/L T bfOTORS C0jfpA,,V y THIS AGREEMENT is made and entered into by and between the City of Denton, Texas, a Texas municipal corporation("DENTON"), and Peterbiit Motors Company, a Division of PACCAR, Inc., a Delaware Corporation ("PETERBILT') duly-authorized and in good standing to do business in the State of Texas; each party acting herein by and through their respective duly-authorized governing bodies,officials,officers, and representatives. WHEREAS, DENTON and PETERBILT intend to execute a Tax Abatement Agreement Between The City of Denton, Texas and Peterbili Motors Company ("Tax Abatement Agreement")on this date, which among other things, provides for an ad valorem tax abatement under the terms and conditions set forth in the Tax Abatement Agreement; and which Tax Abatement Agreement will result in economic benefits flowing to DENTON by reason of PETERBILT reconstructing, renovating,and equipping its plant in Denton;and WHEREAS, Paragraph LF. of the Tar Abatement Agreement provides that DENTON and PETERBILT enter into a long-term agreement for the provision of electric service for a term of no less than five (5) years, simultaneously, on the date of execution of the Tax Abatement Agreement; and DENTON and PETERBILT desire to enter into this Agreement and the Tar Abatement Agreement simultaneously. WHEREAS. PETERBILT requires electric energy for the operation of its plant facility, including, 211 that real property and its plant, as more particularly described in the Tar Abatement Agreement, in Exhibits "B" and "C" to that Agreement; Iocated near Airport Road and Interstate 35W in the City of Denton, Texas. The Plant, and its equipment and other improvements to be constructed, renovated,repaired or reconstructed on the premises which will be owned or leased by PETERBILT; and PETERBILT has provided DENTON with evidence that the cost and reliability of electric service is critical to the successful operation of its Plant; and WHEREAS, PETERBILT believes that it is in its best interest to receive electric service under the terms and conditions of this Agreement, and DENTON is willing to enter into a long- term Agreement with PETERBILT to provide all the requirements of power and energy which are required for PETERBILT's operation of its Plant; NOW THEREFORE, in consideration of the mutual promises and covenants contained herein; the amounts to be paid to DENTON A, hereunder; the benefits conferred to DENTON and PETERBILT hereby; and other good and I /. valuable considerations, DENTON and PETERBILT hereby AGREE u follows: - d9 - t f, t E 1. TEMI OF AGREESIENT A. PETERBILT and DENTON hereby agree to a five-year electric service agreement, This Agreement will commence effective November 16, 1499, sim0aneously with the execution of the Tax Abatement Agreement. During the term of this Agreement, DENTON agrees to providc all electric service needs 0Aithin the City of Denton or outside the city limits where currently being supplied by Denton) of PETERBILT, and PETERBILT agrees and covenants to unconditionally remain as an electric service customer of DENTON, and to purchase all of its electric power and energy requirements exclusively from DENTON. B. Upon the expiration of the five year term of this Agreement, if DENTON has opted into retail competition, PETERBILT shall !rave the option to select another electric service provider to provide for its needs; PROVIDED, HOWEVER, DENTON shall retain a right of first refusal to match any and all bona-fide ofrer(s) from sudi other electric service provider(s), and thereby retain PETERBILT as DENTON's electric service customer for the future, For purposes of the operation of this sub-paragraph, the term "bona-fide offer" is a proposed offer or agreement in writing, dated, and signed by a duly-authorized officer or representative of another electric service provider and PETERBILT, PETERBILT shall notify DENTON of any and all such bona-fide offers, in writing, signed by a duty-authorized officer of PETERBILT. The written request and notification shall provide that DENTON have no less than 45 days to evaluate the offer or agreement in order to exercise its right of first refusal; and which written offer or agreement communicated by PETERBILT to DENTON shall state that the offer or agreement received from such other electric scmice provider is bona-fide,is in full force and effect, and than PETERBILT is ready to take action to approve the offer or proposed agreement. PROVIDED. HOWEVER in the event that PETERBILT and another electric service provider who has executed a bona-fide written offer to PETERBILT, have entered into a written confidentiality agreement, then PETERBILT's obligation to DENTON under this subparagraph shall consist of notifying DENTON. in writing, that PETERBILT has received a better offer respecting electric service rates, and will provide DENTON with as much information as it Iawfully can under the terms of the confidentiality agreement. PETERBILT will utilize its best efforts to negotiate an agreement which will allow PETERBILT to inform DENTON of the basic terms of the competing offer. The written notice shall provide that DENTON has no less than 45 days to respond to PETERBILT by either making a written offer to PETERBILT in efforts to better the unknown competing electric service provider's offer; or responding that DENTON will not make an offer,thereby extinguishing its right of first refusal arising under this subparagraph. C. Upon expiration of this Agreement, PETERBILT may take electric service from DENTON under any then effective utility service rate or contract. If DENTON has opted into retail competition, then upon expiration of this Agreement, PETERBILT may also, at its option, elect to take all or a portion of iu electric service requirements from an electric service provider other than DENTON. r A D. In the event that DENTON should sell, divest, assign, or otherwise dispose of its entire %�;- ` electric system (including the generation, transmission, and distribution elements thereof)during the term of this Agreement, then this Agreement, at the sole discretion of PETERBILT, can be terminated on the date of such sale, divestiture, assignmert, or other disposition. Any termination of this Agreement wising under this subparagraph shall not be considered as an act Electric Senice Asrtement—Pole 2 • 50 4 I I Of default by PETERBILT under Article 8 below, or otherwise; and likewise, shall not be considered as an act of default by DENTON under Article 9 below,or otherwise, 2. CONDITIONS OF SERVICE A. DENTON agrees to use reasonable diligence to sell and deliver to PETERBILT all power i and energy which is required for PETERBILT's Plant for the term of this Agreement. Electricity provided by DENTON shall be delivered to PETERBILT at a point on PETERBILT's Plant premises. Service will be nominal 13,200 volts,three-phase,and 60 hertz per second. 8. PETERBILT agrees that electrical ,energy provided by DENTOi r may have reasonable variation in frequency and voltage within applicable American Nation„! Standards Institute ("ANSI") Guidelines. To the extent that damage to PETERBILT's equ ,,mcnt is sustained during the term of this Agreement, which damage is proximately caused by a fluctuation in voltage over and above the applicable ANSI Guidelines percentage, and not caused by an Electric Reliability Council of Texas ("ERCOT") transmission grid problem beyond Denton's control, DENTON shall be responsible for the reasonable cost to repair such damage, C. PETERBILT agrees that it will diligently exercise its responsibility to limit harmonic flow into the DENTON electric distribution system. In particular, distorted current injected by PETERBILT into DENTON'S electric distribution system shall be limited to values, in percent Of fundamental, as set forth in the Harmonic Order table and other provisions contained in Institute of Electric and Electronic Engineers ("IEEE') Standard S19 (1992); which harmonic current levels allowed are based on the size of the load with respect to the size of the power system to which the load is connected. To the eaten, that damage to DENTON's electric distnbution system equipment is sustained, which is proximately caused by distorted current injected by PETERBILT into DENTOY's electric distribution system, at levels exceeding the permitted harmonic current level as set forth in IEEE Standard $19 (1992), then PETERBILT shall be responsible for the reasonable cost to repair such damage. D. During the term of this Agreement, DENTON shall be the sole source of electric service to PETERBE.T's Plant. PETERBILT shall not construct, obtain, or utilize any facilities of, or enter into any agreement for electric service to its Plant with any supplier of electric energy other than DENTON. Electricity delivered by DENTON under this Agreement shall not be re-sold or redistributed by PETERBILT to any third pity. E. PETERBILT agrees to take and use all electricity exclusively for the operation of its Plant during the period of this Agreement. PETERBILT agrees to notify and discuss with DENTON, any changes in motor size or equipment, and operating characteristics, prior to making a change at PETERBILT's Plant. 3. APPLICABLE RATE ✓ A. The rate(s) charged respecting the electric services provided by DENTON to PETERBILT pursuant to this Agreement shall be the General Service Large (Schedule GSL), General Service Small (Schedule GSS), and'or The General Service Time of Use (Schedule TGS) rale(s) depending upon PETERBILT's minimum demand for electric service, Etectnc Service Agreement-Page 3 • S 1 t Additionally, the Industrial Economic Development Rider rate(Schedule IDR) shall be effective e and applicable to PETERBILT, as PETER13ILT shall receive electric service hereunder,pursuant to rate Schedules GSL, GSS and'or TGS,provided that PETERBILT expands its existing electric l ' consumption by 225 KVA or by 200KW, The rate schedules in effect for purposes of thii I Agreement are those rate schedules in effect on October i, 1449, and as said rate schedules may be thereafter amended during the term r,f this Agreement. The terms of the rates provided for in Article J.A. above are expressly subject to any stranded cost recovery provision of the laws of the State of Texas, as amended or hereafter enacted in the future. they may now exist, or as BILLING ANT PAYMENT FOR ELECTRIC SERVICE A, DENTON shall render to PETERBILT monthly bills for the electric service provided pursuant to this Agreement. Billing periods will be approximately 30 days in length. DENTON intends to read PETERBILT's meter on the last working day of each month, Aral ;ntends to issue billing to PETERBILT on the second working day of the month next following, S. The due date for the payment of each monthly bill issued by DENTON to PETERBILT for electric service hereunder shall be 15 days after the issuance of each monthly bill. C. DENTON and PETERBILT agree that DENTON's provision of electric service to PETERBILT hereunder, is further subject to the provisions of Chapter 26 of the Code of Ordinances of the City of Denton,Texas, as amended. In the event of any conflict between the provisions of this Agreement and the provisions of sa;d Chapter 26, the provisions of this Agreement shall govem. S. METERING A. Service at PETERBILT shall be metered at the 13,200 volt delivery point or the most aK propriate location,by means of meters) furnished and installed by DENTON. DENTON shall have the right to locate, operate, and maintain a meter and meter disconnect switches at or near the point of delivery, The meter readings shalt be conclusive as to the quantity of power and energy taken by PETFRBILT, unless upon tests, u provided in Subparagraph B below, the meter is found to be outside the accuracy standards presentl; 'n force, as established by the American National Standards Institute, B, PETERBILT may request and witness a test of a meter during DENTON's normal working hours at a time mutually convenient to PETERBILT and DENTON in order to check the accuracy of the meter, The test shall generally be made at the meter It its. PETERBI i nstalled loc ,lion,LT shall pay the but may be made at a meter test laboratory selected by DENTON cost of such test if the meter has been previously tested at PETERBILT's request within the ,r A ' previous twelve (12) month period, and the meter is found to be within the ! I' < set forth in the preceding Paragraph, standards If' agraph, as a result of a mace test, the meter is found to b� outside the accuracy standard set forth above, DFNTON shall promptly render corrected bills accordingly. Electric Service Agreement- Pitt 4 . 52 • 4 U I 5. CONTM. qTY OF SERVICETORCE SWEURE A. DENTON shall use reasonable diligence to provide PETERBILT constant and uninterrupted electric power under this Agreement. However, DENTON shall not be liable for any damages, costs or losses, if electric power or sen ice should fail or be interrupted, suspended, curtailed,become defective,or be reduced through an act of God, governmental authority, action of the elements, public enemy, accident, strikes, labor trouble, breakdown of equipment, by ERCOT transmission grid problem, or any cause beyond the reasonable control of DENTON. Following any such event, DENTON shall use its best efforts to restore service to PETERBILT as promptly as reasonably practicable, afler considering the public health and safety issues affecting the citizcns of Denton. In no event shall DENTON be liable to PETERBILT for consequential damages, B. Ali maintenance, repair or upgrades that will effect the electric senice to the PETERBILT facility zhalI be performed at a mutually agreed upon time. I 7. WARRANTIES I ANY WARRANTIES CONTAINED IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDfNO, WITHOUT LLMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ELECTRIC SFRVICk PROVIDED UNU%FR THIS AGREI MENT IS BERG SOLD "AS IS". PETERBILT AGREES THAT DE,s IUa SHALL NOT AE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR FOR THE LOSS OF PROFIT OR REVENUE ARISING FROM THE PROVISIONS OF ELECTRIC SERVICE UNDER THIS AGREEMENT, I `BEN IF DENTON HAS BEEN ADVISED OF SUCH POSSIBILI]Y• a. DEFAULT BY PETERBILT A. It shall be an act of default for PETERBILT to fail to pay any monthly bill issued by DENTON to PETERBILT for electric service provided to PETERBILT hereunder within thirty (30)days after its issuance by DENTON. B. It shall be an act of default of PETERBILT, should PETERBILT fail to materially comply with any other provision of this Agreement respecting non•monelary defaults, as set forth in this paragraph. In the event of a claimed default, DENTON shall issue a written notice of default to PETERBILT specifically describing the alleged default and stating the action which DENTON is requesting of PETERBILT to wholly cure such default. It said act or omission A complained of by DENTON is not -Asolly cured within thirty (30) days &Act lsauance of the ( t'-� written notice of default, then PETERBILT shall be deemed to be in default of this Agreement. ..� Furthermore, any termination of this Agreement arising under the provisions of Article I.D. hereinabove, shall not be considered as an act of default by PETERBILT, Etectne SemIce Agreement-Past 5 , 33 C. q C. Any default committed by PETER13ILT in the performance and completion of this Electric Service Agreement shall also constitute a default by PETERBILT of the Tax Abatement Agreement executed by PETERBILT and DENTON on this date. D. DENTON shall have the right to specifically enforce this Agreement in the event of i default by PETERBILT, to the extent permitted by law. 9. DEFAULT BY CITY A. It shall be an act of default of DENTON, should DENTON fail to materially comply with any provision of this Agreement and fails to cure or remedy said alleged default as set forth in this paragraph. PETERBILT shall issue a written notice of default to DENTON specifically describing the alleged default and stating the action which PETERBILT is requesting of DENTON to wholly cure such default, If said actor omission complained of by PETERBILT is not u holly cured within thirty (30) days after the issuance of the written notice of default, then DENTON shall be deemed to be in default of this Agreement Furthermore, in the event that DENTON should sell or otherwise dispose of its entire electric system during the term of this Agreement, that shall not constitute an act of default of this Agreement. B. PETERBILT shall have the right to specifically enforce this Agreement in the event of default by DENTON,to the extent permitted by law, 10, TER.hiINATION In the event that a party hereto has defaulted in the performance of this Agreement as provided for in Articles 8 or 9 above, the non defaulting party shall have the option of terminating this Agreement once it has provided defaulting party with a further written notice of its intention to terminate this Agreement, if the default(s)in question have not been cured within 30 days from the date that such further written notice Is issued by the non-defaulting party. 11. MEDIATION AND ALTERNATE DISPUTE RESOLUTION The parties agree that if a dispute arises under this Agreement, that they will, in good faith, attempt to resolve the same in a reasonable, expedient manner. The parties may agree to settle any dispute under this Agreement by submitting said dispute to mediation. No mediation arising out of,or elating to,this Agreement involving one party's disagreement, me),include the other party to the disagreement without the other party's approval. In the event that the parties agree that mediation is appropriate, they each agree to expedite the mediation process, and further agree to be each responsible for one-half of all mediation fees and expenses incurred. NOTICES Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received at not) if (1) delivered in person to the address set forth Electm<Senice Agreement-Past 6 t5 t i below; (2) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America, and sent by Certified Mail, Return Receipt Requested, postage prepaid, and addressed to such party at the address hereinafter specified; or (3) delivered to such party by hand delivery or by courier receipted delivery. Either party may designate another address, within the confines of the United States of America, for notice, but until such time as written notice of such change is actually received by the ether party, the last address of such party designated for notice, shall remain such party's address for notice. PETERBILT,MOTORS COMPANY CITY OF DENTON, TEXAS Attn: Frank Burke, Denton Plant Controller Attn: City Manager 3100 Airport Road 21$ E. ,McKinney, Denton, Texas 76207 Denton, Texas 76201 13. ASSIGNABILITY Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld. PROVIDED HOWEVER, the parties agree that in the event PETERBILT sells or otherwise disposes of all or a part of its Plant Facilities, that this Agreement shall be assignable to PETERBILT's transferee, conditioned upon PETERBILT not being in default in the performance of this Agreement, at the time of transfer, and upon the transferee expressly assuming this Agreement and all obligations owing to DENTON under this Agreement, in writing. 14. ENTIRE CONTRACTiMODIF1CATION The panics understand and agree that this Agreement contains the entire Agreement , between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter of this Agreement. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement is subject to modification, waiver,addition,or deletion, only by means of a written document duly executed by both parties hereto, 15. RELATIONSHIP OF THE PARTIES Nothing contained in this Agreement shall be deemed or construed by the parties hereto, or by any third party, to create the relationship principal and agent, or of partnership,or of joint venture,or of any association whatsoever between the parties; it being expressly understood and agreed that no provision contained in this Agreement,nor any act or acts of the patties,constitute A. a relationship, other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. Electne Senict Asreetnent-Pape 7 •SS r .� CL u I i 16. SEVERABILITY [(any term orprovision of this Agreement is held to be illegal, invalid, or unenforceable, the legality, validity, or enforceability of the remaining terms or provisions of this Agreement Shall not be affected thereby; and in lieu of such illegal, invalid, or unenforceable term or provision. there shall be added automatically to this Agreement, a legal, valid, or enforceable term or provision, unenforceable, as similar as possible to the term or provision declared illegal, invalid, or 17, GOVER,ti'ING LAWNENLrE The parties expressly agree that this Agreement is governed by,and will be construed nd enforced in accordance with laws of the State of Texas. The provisions and obligations of this Agreement are performable in Denton County, Texas. Venue of any suit or cause of action arising under this Agreement shall lie exclusively in Denton County, Texas. 18. BINDING EFFECT Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 19. PARAGRAPH HEADINGS The no way enlarge or limit the scope or meaning oftthe Agreement are for convenience Paragraphs hereof d shag! 20. ' CONSTRUCTION Both this Agreement shall not be construed eitheremorre negotiation And Strongly saatinst or forseitheeAgreement,a and 21, GENDER Within this Agreement, wor's of any gender shall be held end construed to Include any other gender, end words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. 22. COUNTERPARTS , .�1 \ c This Agreement Is executed In two(2) identical counterpart, each of which original for all purposes. shell be deemed in E Iecttic Service Agreement- Pqe 8 • S6 • r u IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be ex<,uted by and through their respective governing bodies,officials, and duly-authorized cfrcers, on this the day of 1999, to be effective as of the 16th day of November, 1999. CITY OF DEMON, TEXAS A Texas Municipal Corporation JACK MILLER,MAYOR i ATTEST: j JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY rj By' PACCAR, fNC. A Delaware Corporation PETERBILT MOTORS COMPANY 1 By: NICHOLAS P, PANZA Vice-President- PACCAR,Inc. General Manager—Peterbilt Motors Company ATTEST, By: S Our dx4mm4'Coatrecu 99 PMerblr Mown 11et9K service Armmmi of ee Jae Electric Service Arreemeol-Pali 9 I Cti rtprttdtallo- �'Q5/ _ Aphtd>t I11m.� AGENDA INFORMATION SHEET AGENDA DATE: November 16,1999 DEPARTMENT: Fiscal Operations ACM: Kathy DuBose Fiscal and Municipal Services kv SURIECT Consider approval of an ordinance of the City Council,City of Denton, Texas authorizing the Mayor to execute an amendment to the current Depository Contract with Texas Bank for a period of ninety (90) days and adding a Y2K compliance clause; and providing for an effective date. BACKGROUN In October, 1997,the City awvded the Bank Depository Services Contract to Texas Bank for a period of two years. The contract term ends November 30, 1999. The City would like to extend the existing contract for bank depository services for 90 days, through February 28, 2000,which adds the City's standard Y2K compliance clause to the contract. if Y2K problems are encountered , a change in depository banks would heighten the risk of accounting and financial transaction errors. Texas Bank has provided a Y2K compliance statement, which the City has Included in the t fficlal audit file. AIthough Y2K problems are not anticipated at the Bank, successful continuation of bank services would be greater without a change in provider during this exceptional circumstance. ' FISCAL 1N'FORMATION The extension of bank services at Texas Bank will remain at the same cost levels as in the existing contract. All bank services have been provided to the City within budgeted levels. RespcctfuiIy subntjt !lcu Q Diana 0. Ortiz Director of Fiscal Operations c• 1�W 4 Lal4 Erw,r,/wurrw.lrw►sEOo+rY6rr,V 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL, CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE CURRENT DEPOSITORY CONTRACT WITH TEXAS BANK FOR A PERIOD OF NINETY(90)DAYS AND ADDING A Y2K COMPLIANCE CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, by Ordinance No. 97.303 the City of Denton entered into a contract with Texas Bank to serve as its Depository for custody of City funds for a terns beginning December 1, 1997 and ending on November 30, 1999;and WHEREAS, the City is in the process of soliciting applications for a new depository contract, but - unless the contract is extended • the new depository contract would be awarded during the period when the City is preparing for Y2K compliance and testing and investigating its hardware, software, firmware products and other equipment and assets for Y2K compliance; and WHEREAS, the transfer of depositories and the interrelated transfer of financial accounts from one depository to another during this sensitive period could result in Y2K compliance problems that could adversely impact the City's financial integrity and possibly the health, safety and welfare of its citizens; and WHEREAS, Texas Bank has given its assurance that if the contract is extended fnr a ninety(90) day period it will prnvide a warranty that it is Y2K compliant;and WHEREAS, extending the contract through February 28, 2000 will allow the City time to assess any Y2K compliance problems and to correct those problems before the actual change of depository and transfer of accounts from one depository to another, and WHEREAS, the City Council deems it in the public interest to extend the current depository contract with Texas Bank for a term of ninety(90) days,NOW, THEREFORE, 1 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That the Mayor,or in his absence the Mayor Pro Tem, is hereby authorized to execu16 a First Amendment to the current Depository Contract with Texas Bank extending the contract through February 28, 2000, and adding a Y2K compliance clause, substantially in the form of the First Amendment, which is attached to and made a pan of this ordinance for all purposes. CTION 2, That the City Manger is authorized to make the expenditure of funds, take , i A,, the actions and pay the fees as indicated in Depository Contract as amended and extended. 4 Cr r ludY►`V+tti o.irWlrrwJ�s1��CnrV,e.nr .. �i SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1449. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY By: APPROVED AS TO LEGAL FORM: 11ERBERT L. PROUTY,CITY ATTORNEY n By: i r _ Page 2 o c �u,(Y►:LLa OsMrq��MJIyT Mmlpol}0 EVOYIdr L9M�M i FIRST AMENDMENT TO DEPOSITORY CONTRACT WITH TEXAS BANK STATE OF TEXAS § § COUNTY OF DENTON § This First Amendment to that certain Depository Contract entered into between the City of Denton, Texan, a Texas municipal corporation,hereinafter referred to as "City"and Texas Bank, a bank local:d in Texas whose deposits are insured by the Federal Deposit Insurance Corporation hereinafter referred to as "Depository" for the term of two(2) years beginning December 1, 1997 and ending November 30, 1999 hereinafter referred to as"Depository Contract"; WHEREAS, the City and Depository, as authorized an Ordinance No. 97-304, entered into a depository contract in accordance with provisions of Chapter 103 of the Texas Local Government Code and other applicable laws for the Bank to provide services for a period of two t 2)years,beginning December 1, 1997 and ending November 30, 1999;and WHEREAS, the City is in the process of soliciting applications for proposals from banks and qualified financial institutions to serve as a depository for the City after the expiration of this contract; and WHEREAS, the period in which the award of a new depository contract would fall would be during the period when the City is testing and investigating all its hardware, software, firmware and other assets and equipment to determine whether or not all its assets and equipment are Y2K compliant; and WHEREAS,to award a new Depository Contract and to transfer banking services during this critical period of testing and investigation of various hardware, software and firmware systems, other assets and equipment for Y2K compliance could increase the risk of errors in financial transactions during the transfer of accounts from one depository to another which could create an emergency which could threaten the public health,safety or welfare;elfare; and WHEREAS, that Depository hai agreed to amend its present contract giving the City its warranty and assurance that the Depository is Y2K compliant; and WHEREAS, the City Council deems it in the public interest under these circumstances to approve an amendment to the existing depository contract to extend the contract for ninety(90) A days; NOW, THEREFORE, ! ) c• �.nr«,w4.ynae.+.r[�..wrort+ocrunr000avarcwra�" I In consideration of the continued payment of fees for the provision of services during the extended period by City and the provision of these services by Depository and the addition of the followi- M compliance clause the parties agree to amend the contract as follows SMION 1. That the current depository contract with the Texas Sank is hereby amended as follows: That the term of the contract is hereby extended and Article I of the contract is hereby amended to extend the contract for an additional ninety (90) days from and including December 1, 1999 through February 28,2000. SECTION 2. That the depository contract is amended by adding a Y2K compliant clause as Article XVII which shall read as follows: ARTICLE XVII. Depositon• warrants that each hardware, software, and firmware product delivered or j utilized under the contract shall be able to accurately process date data(including,but not limited to,calculating, comparing,and sequencing)from,into, and between the twentieth and twenty-first centuries, including leap year calculations,when used in accordance with the product documentation provided by Depository, provided that aII other interfaces (e.g., hardware, software, firmware) used in combination with such product properly exchange date data with it. If the contract requires that Depository's products must perform as a system in accordance with the foregoing warranty, then that warranty shall apply to Contractor's products as a system. The duration of this warranty and the remedies available to the City of Denton, Texas for breach of this warranty shall be as defined in, and subject to,the terms and limitations of Depository's standard commercial warranty or warranties contained in the contract, provided that notwithstanding any provision to the contrary in such commercial warranty or warranties, the remedies available to the City of Denton, Texas under this warranty shall include repair or replacement of any Depository supplied product whose non-compliance is discovered and made known to Depository in writing. Nothing in this warranty shall be construed to limit any rights or remedies the City of Denton, Texas may otherwise have under the contract with respect to defects. SECTION 3. That save and except as amended hereby, all the remaining terms and conditions of the Depository Contract shall remain in full force and effect. SECTION d. That the parties hereunder have executed this Agreement on the duly authorized officials of the Depository and the City have executed this Agreement on the r, day of 1999. Ay , Page 2 of 3 ! 4 /y' U . ���4'���YY}+e'wA,1�i0iDIbR100001ROlYNMlt�L1� � f . I a CITY OF D NTON,TEXAS JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L.PROUTY, CITY ATTORNEY , f By: 1 TEXASBANK I I I By: Printed Name: Title: I r fir` Page 3 of 3 � 1 C �rawfrt,rlt tinwya� atirr �p�*y�,,,,M I RESOLUTION NO. j A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE PUBLIC UTILITY COMMISSION OF TEXAS TO SET THE ALLOCATION FORMULA THAT DETERMINES WHAT PORTION OF THE BASE AMOUNT (ANNUAL FRANCHISE FEE OR RIGHT-OF- WAY USE FEE PAID BY CERTIFICATED TELECOMMUNICATIONS PROVIDERS) TO BE PAID THE CITY UNDER FIB 1777 IS ALLOCATED TO EACH CATEGORY OF ACCESS LINE WITHIN THE CITY OF DENTON AND DECLARING AN EFFECTIVE DATE. WHEREAS, FIB 1777 established a uniform method for calculating telecormnunications franchise compensation paid to municipalities;and WHEREAS, the Public Utility Commission of Texas (PUC) has requested the City of Denton to elect if it desires the (1) PUC to set the allocation formula that dttermines what portion of the annual franchise fees will be paid by one of three categories of access lines or(2) Pity to set it own allocation formula; and WHEREAS, the City Council finds that the expertise of the PUC would allow the PUC to best determine the appropriate allocation formula and reduce the possibility of a discriminatory or excessive fee being inadveitcntly set by the City,NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Manager or his designee is authorized to inform the Public Utility Commission that the PUC is authorized to set in thk: City's behalf the allocation formula that determines %shat portion of the Base Amount, as such term Is defined under HB 1777, to be paid Ih City by Certificated Telecommunications Providers is allocated among the three (3) categ, s of access lines that have been established by the PUC. SECTION 2. That this resolution shall become effective immediately upon is passage and approval by the City Council. PASSED AND APPROVED this the day of . 1999. { JACK MILLER,MAYOR c 0 i f W1100WIRPN[.f+.l'a,sMlw4 ATTEST: JENNIFER WALTERS,CITY SECRETARY By: _ APPROVED AS TO LEGAL FORM: F[ERBERT L. PROUTY,CITY ATTORNEY By: _ i i i i Page 2 t' , i AptuldilNa. 9-05 � Apendaiiem� �-- j Date ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MAN- AGER TO EXECUTE A FIRST AMENDMENT TO THAT CONTRACT FOR PROFES- 4 SIGNAL LEGAL SERVICES WITH THE LAW FIRM OF TERRY MORGAN AND ASSO- CIATES ADDING TO THE CURRENT SCOPE OF SERVICES LEGAL ANALYSIS OF THE CITY OF DENTON COMPREHENSIVE PLAN 1999-2020, ANY REQUESTED ASSIS- TANCE IN REWRITING THE DENTON DEVELOPMENT CODE, AND OTHER LEGAL SERVICES RELATED THERETO; INCREASING THE COMPENSATION UNDER THE CONTRACT TO COVER THESE ADDITIONAL SERVICES; AUTHORIZING THE EX- PENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it necessary to add to the current scope of services of that Contract for Professional Legal Services between the City of Denton and Terry Morgan and Associates to provide professional legal services to the City pertaining to the legal review of the City of Denton Comprehensive Plan 1999.2020, the Denton Development Code, and related matters and to increase the not-to-exceed limit of compensation under the Contract from $100,000 to $130,000., and WHEREAS, the City Council deems it in the public interest to approve a First Amend- ment to the current Contract for Professional Legal Services with Terry Morgan and Associates adding to the scope of services as indicated above; NOW, THEREFORE, THE CITY COLNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute a First Amendment to that Contract for Prvfessionai Legal Services with Terry Morgan and Associates adding to the scope of services legal advice with regard to the rewrite of the City of Denton Comprehensive Plan 1999.2020, the Denton Development Code, and related matters and increasing the compen. sation under the Contract, in substantially the form of the First Amendment attached hereto and incorporated by reference herein. SECTION 2. That the City Manager is hereby authorized to make the expenditures and take the actions set forth in the attached First Amendment. SECTION 3. That all previous legal servicesp erformed by Terry Morgan and Assoclates that fall within the contractual scope of legal services as expanded by the First Amendment are hereby ratified and retroactively approved. i SECTION 4. That this ordinance shall become effective immediately upon its passage l 1', ;and approval. u PASSED AND APPROVED thla the day of 1999. JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS.CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTO Y BY: DJ / I /d/eQJp LOLa.DaeMenra/iund+rmvr.webnn anme.ae M. Page 2 C, c. { s i FIRST AMENDMENT TO { CONTRACT FOR PROFESSIONAL LEGAL SERVICES STATE OF TEXAS § COUNTY OF DENTON § This First Amendment to that certain Contract for Professional Legal Services, made and entered into on the 2nd day of March, 1999, by and between TERRY MORGAN & ASSOCIATES, 1930 Thanksgiving Tower, 1601 Elm Street, Dallas, Texas 75201, hereinafter referred to as"Consultant'; and the CITY OF DENfON, a Texas Municipal Corporation,215 E. McKinney, Denton, Texas 76201, hereinafter referred to as "City", acting by and through its duly-authorized City Manager(hereinafter referred to as the"Base Agreement"), WITNESSETH WHEREAS, the City finds it necessary to amend the Base Agreement with Consultant to add professional legal services for assistance in providing legal advice with regard to the Denton Comprehensive Plan 1999.2020 ("Comprehensive Plan'), the Denton Development Code, and related legal services; and WHEREAS, the Consultant is willing to perform such additional services in a professional manner as an independent contractor;and WHEREAS, the City desires to engage the Consultant to render these additional professional services in connection therewith; NOW, THEREFORE, in consideration of the promises and mutual obligations herein,the parties do hereby mutually agree to amend the scope of services and the compensation of the Base Agreement as follows: 1. That Section I "Scope of Services"of the Base Agreement is hereby amended by amending Section 2.b. so that same shall now read as follows; b. Consultant shall provide the City with legal advice and services respecting the rc%rite of the Comprehensive Plan, the Development Code, and related matters and services respecting land use Issues requested by members of the City stall, as well as any advice requested by the City respecting annexation In connection with utility matters pertaining to the ' litigation between the City and the two Fresh Water Supply District /� defendants identified in paragraph IA,1, hercinabove. f 1 tw � 2, That Section 11 "Tenn" of the Base Agreement is hereby amended to read as follows; First Amendment to Contract rot Proraslonsl Lead Services-Page 1 c. I � I II. Tom: This Agreement shall be for a term of two (2) years, beginning effective February 1, 1999 and ending on lanuary 31, 2001. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence of this Agreement, and the Consultant shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible during the term of this Agreement, and to meet the schedules established by the City, through its City Council, City Manager or City Attorney, or as the progress of this matter may require. As litigation is contemplated under the terms of this engagement, Consultant and the City reasonably expect that further amendment(s) to this Agreement will be entered into by them, so long as such contemplated litigation is pending and not fully disposed of. 3. That Section Ill "Compensation and Method of Payment"of the Base Agreement is hereby amended by amending Section C to read as follows: C. Consultant and the City agree that all charges for the legal services hereunder, including reasonable out-of-pocket expenses, shall not exceed One Hundred Thirty Thousand Dollars ($130,000,00), The parties agree that the establishment of this not-to-exceed figure by the parties is based upon a reasonable, good faith estimate of the expected legal services to be rendered by Consultant, due to possible unexpected contingencies as well as the uncertainties of litigation and related matters. If it appears during the term of this Agreement that Consultant's fees to properly accomplish the work provided In the scope of services, may exceed S130,000.00, Consultant shall give notice in writing to the City Manager and the City Attorney of same. Such notice shall provide an itemization of the expected hours and expenses needed to complete the scope of services based on each category or task yet to be completed on the engagement. The City accepts no responsibility for any work performed during the term of this Agreement in excess of S 130,000 unless the City Council,by resotudon or ordinance,authorizes such expenditure, 4. That save and except as amended hereby, the terms and conditions of the Base Agreement entered into by the parties on the 26o day of March, 1999 shall remain In full force and elTect. IN WITNESS HEREOF, the City of Denton, Texas, has caused this Agreement to be executed in four (4)original counterparts, by and through its duly-authorized City Manager; and Consultant has executed this Agreement by and through its duly-authorized undersigned partner, dated this the day of , I999. � ,_ t; Fart Amendment io Contract Fot Prokrsionol LegAl Services—Page 2 c a tk, I CITY OF DENTON A Texas Municipal Corps radon i By: MICHAEL W.JEZ, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY A ORNEY By: TERRY MORGAN&ASSOCIATES By: 9'1 erry M 1rvAn- 1 ATTEST: By: i Ay r? XH LGE VEX I Owd&p loLo,D��Tmm.q W.rW Cm- mj w n jr Ffrsi Amendment to Control For Professional Lead Servka-Pt;e I whobw mw ' l Apanda k-u u– –.r2.z— AGENDA INFORMATION SHEET AGENDA DATE: November 16, 1999 Questions concerning this franchise may be directed to Mike Bucek, DEPARTMENT: City Manager 201y Attorney's Office at 349.8333 CM: Michael W. Jez i s SUBJECT { Consider adoption of an Ordinance on Second Reading whereby the City of Denton, Texas, gran'9 to Melricom, Inc. a non-exclusive franchise for the use and occupancy of the public rights-of-way for a MicroCellular wireless digital data communications radio network known as Ricochelt, for a period of eight (8; years for a franchise fee in the amount of s%of Metricoes Goss Revenues; providing for conditions of such use (e.g., providing for hold harmless and indemnification clause and insurance and bonds by Melricom), providing payment of expenses incurred by City in relation to ordinance; and providing other provisions related to the sub!ect mailer hereof; and providing an effective dale. BACKGROUND Metricom desires to deploy its patented MicroCelluiar Data Network(MCDN) in the Denton and DFW area. MCDN consists of ti:_ 'llowng technology elements: (a) winless, packet-switched, networking; (b)geographic deploytnent (or"mush" architecture); (c) spread-spectrum, frequency hopping for data integrity and security; (c) the 902.928 MHz and 2.4011z license-free frequency bands; (d) licensed frequencies utilizing private telecommunication facilities, and (e) sophisticated network authorization to insure privacy. The "mesh" architecture relies on Microcell radios strategically placed every quarter-half-mile in a checkerboard pattern. Each microcell radio employs 162 frequency-hopping channels at the 900MHz band (or 260 at the 2.4GHz band), and uses randomly selected hopping sequence, enabling multiple subscribers to du use the network simultaneously. The network breaks up information and spreads data across the license-free radio spectrum in small, optimized packets. "i'he Ricochet Device must comply with Federal Communication Commission Part IS regulations and Is expected to allow high speed, low cost, wide area access to the Internet, on-line scnices, LAN applications and peer devices. (Ricochet is not requircd to have an FCC license to transmit and receive radio signals.) The Network utilizes shocbox-sized poletop radios attached to existing infrastructure, such as street light,utility p ole and roof lops. The franchise provides that Melricom shall have the right to draw electricity for the operation of its radios from the power source associated with each such attachment to the applicable municipal facility. However, the franchise requires Melricom to A pay for the coal of such electricity and enter into a pole attachment agreement with the City for l'v the atlachmcnt of Radios.Transmitters and Receivers to Municipal Facilities. By the letter from Jason Bcmanke with Metricom,Inc..to Michael Bucek dated October 4, 1999, Melricom accepted the franchise in the formal that the city council considered at its November 2, ii A rM In.wrw I T•Y"M�r Miq w\,n,.I,b+•h fern Mni\MJ ti i t i i Agenda Information Sheet Agenda Date: November 16, 1999 Page 2 1999. This ii dudes the provision of the franchise that requires Metricom to pay the City's costs for publishing the ordinance in the Denton Record-Chronkfe. Council suggested 2 minor changes to the franchise at its November 2, 1999 meeting and Metricom's representative at such meeting, Blake Cummings, agreed to the two changes. ESTIMATED SCHEDULE OF PROJECT Metricom will not be able to provide its services to prospective customers until after the franchise is effective and a pole attachment agreement is approved by the City Council if City owned facilities are to be used by Metricom. Before such ordinance can become effective, it must be passed by a majority vote of tht entire City Council at two (2) regular meetings of the Council and the ordinance shall not take effect until twenty-one (21)days after its final passage. The second reading is scheduled for November 16, 1999. FISCAL. INFORMATION The definition of"Gross Revenue"in the Metdcom franchise is quite similar to the definition of "gross receipte' in the City's cable, gas and electric franchises. If existing customers of General Telephone are using separate access lines to obtain data and switch to Metreom, the change in franchisee should result in a slight financial increase In revenues to the City since our existing access line franchise with GTE was negotiated on the basis of a 4% gross receipts franchise. If the purchase of Metricom's services do not result in a reduction of access lines by GTE or any local exchange telecommunications provider in competition with GTE then compensation from Metricom should be in addition to the compensation the City Is presently receiving from its local exchange telecommunications providers. RECOMMENDATION Staff recommends adoption of the ordinance. Respectfully submitted, is ael .Jez 1G1 ana gar Attachment No. 1: Franchise Ordinance with changes suggested at November 2 meeting Attachment No. 2: Metreom's Letter of October 4, 1999 Aiuchment No. 3: Ricochctg Network Description r r r,,r • I Mrf4wirf��rMr1�,yN Yb,Y has WM�IY � i I II Awdw I QL O.Orcmwaddn aw.wsKan 4, I ORDINANCE NO,`— AN ORDINANCE GRANTING A FRANCHISE TO METRICOM, INC., FOR THE USE AND OCCUPANCY OF THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF DENTON FOR TELECOMMUNICt.TIONS PURPOSES; PROVIDING FOR CONDITIONS OF SUCH USE; PROVIDING FOR COMPENSATION FOR SUCH USE AND OCCUPANCY; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF, WHEREAS, Metricom, Inc., a Nlaware Corporation, has requested permission to use and occupy the Public Rights-of-Way of the City of DENTON for the purposes of installing radio receivers and transmitters on aerial facilities in the Rights-of-Way; and WHEREAS, the City of DENTON has the authority under its Charter and state law to grant franchises to persons using and occupying the Public Rights-of-Way for the conduct of private businesses;and %'HEREAS, Afetricom is in the business of constructing, maintaining, and operating a H ircicss digital data communications radio network known as Ricochett, a n�twurk operated in accordance with regulations promulgated by the Federal Communications Commission, utilizing Radios (as defined in Section 2 below) and related equipment certified by the Federal Communications Commission; and WHEREAS, Metricom wishes to locate, place, attach, install, operate, and maintain Radios on facilities owned by the CL). )i well as facilities owned by third pa-lies, located in the Municipal Right•of•Way for purposes of ourating Ricochetg); NOW,THEREFORE, BE IT ORDAINED BY THE CITY OF DENTON, TEXAS: SECTION 1, GRANT OF AUTHORITY, (a) Subject to bfetricotn entering into a pole attachment agre :ment with the City for the attachment of Radio, Receivers and Transmitter (Radios) to Municipal Facilities, the City u i r,n,,,Lo LeLow'J.w ,Colin wua ,m ae I hereby grants to Metricom a franchise and authorizes and permits Metricom to enter upon the Municipal Right-of-Way and to locate, place, attach, install,operate, maintain, remove, reattach, reinstall, r0ccate, and replace Radios in or on Municipal Facilities for the purposes of operating Ricochet El and providing Services to Persons located within or without the limits of the City. (b) Subject to Metricom obtaining the permission of the owners)of the aft:-ted non- Municipal Facilities property, the City hereby authorizes and permits Metricom to enter upon the Municipal Right-of-Way and to attach, install, operate, maintain, remove, reattach, reinstall, relocate. and replace such number of Radios in or on poles or other structures owned by public utility companies orother property owners located within the Municipal Right-of--Way as may be permitted by the public utility company or property owner, as the case may be. Upon request, Metricom shall furnish to the City documentation of such permission from the individual utility or property owner responsible. (c) In the performance and exercise of its rights and obligations under this franchise Sleikom shall not interfere in any manner with the existence and operation of any and all public and private rights-of-way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and undergrou±rd electrical and telephone wires, cable television, and other telecommunications, sen ice provider, utility,or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as permitted by applicable Laws or this franchise SECTION 2. DEF1N171ONS, For the purpose of this Ordinance, the following terms, phrases,words, abbreviations and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense Include the future tense, words in the plural number include the ` �)r 0 w F'W GUII IV HN,q,N Paget of 23 IN 4 c: r A.d hu LCA D.Do~v 0,6e a14uKm 60 i singular number and words In the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words not defined shall be given their common and ordinary meaning, (i) Agency • any governmental or quasi•govenunental agency other than the City, including the Federal Communications Commission and the PUC (as such term is defined in Section 2(xiv)below). (ii) City •the City of DENTON,Texas. (iii) Effective Date•the date, after adoption hereof by the City,that Metricom files its t acceptance with the City, in accordance with the Provisions hereof. (iv) Fee • any assessment, license, charge, fee, Imposition, tax, or levy of general application to Persons doing business in the City IawfitlIy Imposed by any governmental body (but excluding any utility users' tax, franchise fees, telecommunications tax, or similar tax or fee). (v) Gross Revenues • the gross dollar amount accrued on Metricom's books for Services provided to its customers with billing addresses in the City, excluding revenue uncollectible from subscribers (1.e„ bad debts) with billing addresses in the City that was r previously Included in Gross Revenues, Gross Revenues shall include franchise fees paid hereunder. (vi) Installation Date . the date that the first Radio is installed by Metricom pursuant to this Ordinance, (vii) Laws • any and all statutes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, lariffs, administrative orders, certificates, orders, or other A requirements of the City orother governmental agency havingjolnt or saveral jurisdiction .r+.awn M011 Am Pole I of 2) u 1 fnuN Jrp LGl Ov Oaeunrna PJnarza i9 NevKan Or i JI, 1 over the parties to this Ordinance, in effect either as of the Effective Date or at any time during the presence of Radios in the Municipal Right-of-Way. (viii) Metrieom - Metricom, Inc„ a corporation duly organized and existing under the 8 8 taws of the State of Delaware,and its lawful successors, assigns, and transferees. (ix) Municipal Access Program - the discount program described in Section 9 below. W Nfuolcipal Facilities -City-owned street light poles and lighting fixtures located within the Municipal Right-of•Way, Municipal Facilities may refer to such facilities in the singular or individually, as appropriate to the context in which used. (xi) Munleipel Right-of-Way - the space in, upon, above (to the height of any Municipal Facilities), along, across, and over the public streets, roads, lanes, courts, ways, alleys, boulevards, and public thoroughfares of the City, a- the same now or may hereafter exist, that are under the jurisdiction of the City. Thi.a term shall not include county, state, or federal rights-of-way or any property owned by any Person or Agency other than the City, except as provided by applicable Laws or pursuant to an agreement between the City and any such Person or Abcncy. (xii) Person - an individual, a corporation, a limited liability company, a general or , limited partnership, a sole proprietorship, a joint venture, a business trust, of any other form of business entity or association. (xii!) Provislon - any agreement, clause, condition, covenant, qualification, restriction, rest rvation, term,or other stipulation in th s Ordinance that defines or otherwise controls, establishes, or limits the performance required or permitted by any party to this Ordinance. Ail Provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions. t, F 0.4 rp LCL Ov Dsi nrnr PAnr,b M M,v..un le �. (xiv) PUC•the Public Utility Commission of Texas,or its successor agency. (xv) Radio - the radio equipment, whether referred to singly or collectively, to be installed and operated by Metricom hereunder. (xvi) Rleocher& or Rleochelt MCDN - the Ricochet® MicroCellufar Digital Ne,work, a wireless, microcelIular digital radio communications network owned and operated by Metricom. (xvii) Services - the wireless digital communications services provided through Ricochet&by Metricom and ttie installation and maintenance of same by Metricom. (xviii) Ordinance-this Ordinance granting a franchise to Metricom. SECTION 3. I ERM, Th, franchise granted by this Ordinance shall be effective as of the Effective Date and shall extend for a term of eight(8)years commencing on the Installation Date, unless it is earlier terminated by either party in accordance with the provisions herein. The term of this franchise may be renewed by agreement of the parties. Negotiations for renewal should commence no later than six(6)months prior to the expiration date. Either the City or Metricom may choose to not renew the franchise if terms satisfactory to either the City or Metricom are not negotiated. SECTION 4, SLOPE OF USE AGREEMENT. Any and all rights expressly granted to Metricom under this Ordinance, which shall be exercised at Metricom's sole cost and expense, s,u II be subject to the prior and continuing right of the City under applicable Laws to use any rnd all parts of the Municipal Right-of-Way exclusively or concurrently with try other Person or Persons and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrai�.es, and claims of title of record which may affect the Municipal Right-of-Way. Nothing in this Ordinance shall be li'ti f Pale 5 of 23 f F 0.&kW LGL Oi D,. n aQLM,.aN,us�m, deemed to grant, convey, create, or vest in Metricom a real property interest in land, including any fee, leasehold interest, or easement. Any work performed pursuant to the rights granted under this Ordinance may, at the City's option, be subject to the reasonable prior review and approval of the City. SECTIONS. CONDITIONS OF USE, (a) bfetricom shall comply with all applicable Laws in the exercise and performance of its rights and obligations under this Ordinance. (b) If the attachment, installation,operation,maintenance,or location of the Radios in the Municipal Right-of-Way shall require any permits, Metricom shall, if required under applicable City ordinances, apply for the appropriate permits and pay any standard a.A customary permit fees. City shall promptly respond to Metricom's requests for permits and shall otherwise cooperate with Metric im in facilitating the deployment of Ricocherl9 in the Municipal Right-of-Way it, a reasonable at d timely manner. The proposed locations of Metricom's planned initial installation or Radic - shall be'provided to the City prior to deployment of the Radios. (c) Upon the completion of installation Metricom promptly shall furnish to the City documentation, suitable to the City, showing the exact location of the Radios in t!a Municipal Right-cf-Way. (d) By allowing use of Municipa Facilities hereunder, City makes no representation to Metricom that the voltage of electrical power supplied to such Municipal Facilities is appropriate for Metricom's use. City is under no obligation to change tf - J " ;ectrical power supplied to Municipal Facilities in order to accommodate the u- , Municipal Facilities by hetricom. Page 6 of V . i 4 G I I Oed LGl our 1r .Y VOrG, ,MMev.un S„ SECTION 6. COMPENSATION; DISCOUNTS; UTILITY CHARGES. (a) Metricom shall be solely responsible for the payment of all lawful Fees in i connection with Metricom's performance under this Ordinance,including those set forth below. (b) As consideration for the use and occupancy of Municipal Right-of-Way and in order to reimburse City for any costs it may incur in connection with Metricom's entry upn and deployment within the Municipal Right-of-Way, Metricom shall pay to the City, on a quarterly basis, an amount equal to five percent (5%) of Metricom's quarterly Gross Revenues (the i "Franchise Fee'). Metricom may pass through to customers the Franchise Fee at its discretion. The compensation provided under this section shall be payable for the period commencing upon i the date that .Metricom first provides Services to subscribers within the City using Radios installed pursua,tt to this Ordinance and ending on the date of termination of this Ordinance. Such payments shall be due on or before the 15th day of the month after the end of each calendar quarter. Within fifteen (0) days after the termination of this franchise, compensation shall be paid for the period elapsing since the end of the last calendar quarter for which compensation has been paid. r (c) Metricom shall furnish to the City with each payment of compensation required by this section a statement.executed by an authorized officer of Metricom or his or het designee, shou in; the amount of Gross Revenues for the period covered by the payment. If Metricom or the City discover that Metricom has failed to pay the entire or correct amount of compensation due,Metricom shall pay the City the full amount of such underpayment within thirty(30)days of discovery of the error or determination of the correct amount. Any overpayment to the City through error or otherwise shall be refunded or offset against the next payment due from r 111; Metricom. s �++:44 Post 7 of 23 mad I 0.eJ aw LGL Om G.,w nam .W N..<..y< (d) Acceptance by the City of any payment due under this section shall not be deemed to be a waiver by the City of any breach of this Ordinance occurring prior thereto, nor shall the acceptance by the City of any such payments preclude the City from later establishing that a larger amount was actually due or from collecting any balance due to the City. (e) No taxes, fees, or other payments by Metricom to un City, including without limitation ad valorem taus or pole attachment fees shall operae to reduce the Franchise Fee payable to the City hereunder. Notwithstanding anything to the contrary in this Use Agreement, if the Services are subject to a utility users tax, telecommunications tax, or other similar tax or Cite for use of the Right-of-Way by operation of the City's Municipal Code or other applicable City law, then the amount of the Right-of-Way Fee shall be reduced by the amount of the applicable utility users tax, telecommunications tax or such other similar tax or fee. SECTION7. RECORDS AND AUDITS. (a) Metricom shall keep accurate books of account at its principal office in Los Gatos, CA or such other Iocation of its choosing for the purpose of determining the amounts due to the City under Section 6 above. Upon fifteen(15) business days' prior notice, Metricom shall make its books of account relative to the City a.ailable for the City's inspection at a location in , the Dallas-Fort Worth Area. (b) The City may audit Metricom's books and records from time to time at the City*s sole expense, but in each case only to the extent necessary to confirm the accuracy of payments due under Section 6 above. However, if as a result of any audit the City determines that i Metricom has underpaid the City by five percent(5%) or more,Metricom will promptly pay the full amount of the underpayment and shall promptly reimburse the City for its reasonable costs, including the costs of consultants,in performing the audit. 1 ' ` c t i I _ c. f P d.aJm ccL w oar.ein dmn,we w e,w¢n.,s. (c) The City agrees to hold in confidence any non-peblic information it teams from Metricom to the fullest extent permitted by Law. SECTIONS. ELECTRICITYCHARGES. (a) Metricom shall be solely responsible for the payment of all electrical utility charges to the applicable utility company based upon the Radios' usage of electricity and applicable tariffs. (b) The terms and conditions under which Metricom may use Municipal Facilities for which the City requires a pole attachment agreement shall be contained in a separate agreement. This franchise is for use of Municipal Rights-of-Way only. SECTION 9. MUNICIPAL ACCESS PROGRAM. (a) In further consideration of City's grant of this franchise to Metricom, City shall have the right throughout the term of this franchise to purchase, when such service is commercially available in the City, up to the maximum number set forth below (based upon the City's population) of Ricochett basic service subscriptions at the rate of fifty percent (50119)of the regular rate as cunent from time to time. (b) The number of subscriptions which the City may purchase at the Municipal Access Program rate shall be determined in accordance with the City's official population, as determined by the City,as follows; (a) for municipalities with a population of less than 100,000, up to a maximum of twenty (20) discount subscriptions:(b) for municipalities with a population of 100,000 to 249,000, up to a maximum of thirty (30) discount subscriptions; (c) for municipalities with a population of 250,000 to 500,000, up to a maximum of forty(40) discount subscriptions; and (d) for municipalities with a population of over 500,000, up to a maximum of �r fifty(50)discount subscriptions. lr! Page 9 of 23 e V 0.4 JM LGL Er Gawxnn49ny�e fP Mrvnon le (c) Citv understands and agrees that Mctricom's modems and equipment required to �! I utilize the discounted subscriptions and any additional service subscriptions or service options the City may desire are expressly excluded from this special Municipal Access Program rate and may be obtained from either Metricom or an authorized retailer at market rates current from time I to time or -order other promotional programs which may be available from time to time in addition to the Municipal Access Program rate. (d) City shall use all subscriptions provided pursuant to this section solely for its own l use and shall not be entitled to resell, distribute, or otherwise permit the commercial use of the same by any other party. SECTION 10. RELOCATION C TEON OF RADIOS, (a) Relocation at City's Request. City may require Metricom to relocate one or more of its Radios from time to time, and Metriccm shall at City's direction relocate such Radios at Mdricom's sole cost and expense, whenever City reasonably determines that the relocation is needed for any of the following purposes:(i) if required for the construction, completion, repair, relocation, or maintenance of a City project; (ii) because the Radio is interfering with or adversely affecting proper operation of City-owned light poles, electric poles, traffic signals, or other Municipal Facilities,or(iii) to protect or preserve the public health or safety. In any such case, City shall use its best efforts to afford Metricom a reasonably equivalent alternate location. If Metricom shall fail to rrlo.att any Rados as requested by the City within a reasonable time under the circumstances in accordance with the foregoing provision, City shall be entitled to relocate the Radios at Metricom's sole cost and expense,without further notice to Metricom and without liability to Metricom for any damages occasioned thereby, if relocation is required immediately in order to protect public health and safety, City shall not be required to provide an ! \ Page 10 of 23 cl 1 W.a6p LGL Our O�wimo dlmka N Mm,o,n yx alternate location at the time of removal, but shall use its best efforts to do so as soon as reasonably possible. (b) Relocations at MrtricoW's Rea ust. In the event Metricom desires to relocate any Radios from one Municipal Facility to another,Metricom shall so advise City. City will use its best efforts to accommodate Metricom by making another reasonably equivalent Municipal facility available for use in accordance with and subject to the terms and conditions of this franchise and the pole attachment agreement (c) Damage to Municipal Right-of-Way. Whenever the removal or relocation of Radios is required or permitted under this Ordinance,and such removal or relocation shall cause the Municipal Right-of-Way to be damaged, Metricom, at its sole cost and expense, shs!I promptly repair and return the Municipal Right-of-Way in which the Radios are located to a safe I and satisfactory condition in accordance with applicable Laws, normal wear and tear excepted. If Metricom does not repair the site as just described, then the City shall have the option, upon five (5) days' prior written notice to Metricom, to perform or cause to be performed such reasonable and necessary work on behalf of Metricom and to charge Metricom for the proposed costs to be incurred or the actual costs incurred by the City at City's standard rates. Upon the receipt of a demand for payment by the City, Metricom shall promptly reimburse the City for such costs, (d) Metricom shall remove and replace or repair any non-functioning or malfunctioning Radio within seventy-two(71)hours of receiving notice of the malfunctioning or non-functioning Radio. However,if the non-functioning or malfunctioning Radio is essential to the City's emergency communications network, then upon receipt of written or verbal notice fr, from the City that functioning of the City's emergency communications network has been /!"t Pege I i of t3 c c, ✓wJ Lp LOt Ov 1>.w vO.dwn f1 W...Ss R. impaired, Nfetricom shall replace or repair any such Radio as soon as possible with due regard to the critical nature of the City's use of such Radio. (e) Upon the completion of each installation or removal of equipment by Metricom under this Ordinance and upon the expiration or earlier termination of this Ordinance, Metricom shall promptly restore all Municipal Rights-of-Way and Municipal Facilities on which Radios are installed, and any other areas affected by Metricom's activities, to a clean and safe condition. The restoration of Municipal Rights-of-Way and Municipal Facilities shall be subject to inspections by the City, at the discretion of the City, and Metricom shall undertake additional i res#oration efibrts as reasonably required by the City. Repairs and restorations to Municipal Facilities included in a pole attachment agreement shall be govemed by the terms of that agreement. The provisions of this Section shall survive the expiration, completion, or earlier termination of the Ordinance. SECTION 11. INDENINIFICATIONAND WAIVER (a) Metricorn agrees to indemnify, defend, protect, and hold harmless the City, its council members,officers, and employees from and against any and all claims, demands, losses, damages, liabilities, fines,charges,penalties, administrative and judicial proceedings and orders, judgments, remedial actions of any kind, all costs and cleanup actions of any kind, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense (collectively, the "Losses') directly or proximately resulting from Metricom's activities undertaken pursuant to this franchise, except to the extent arising from or caused by the i { negligence or willful misconduct of the City, its council members,officers,employees, agents, or contractors, o i Paze 12 of 13 4 G t, (b) Waive: of Claim. Metricom waives any and all claims, demands, causes of action, and rights it may assert against the City on account of any loss, damage, or injury to any Radio or any loss or degradation of the Services as a result of any event or occurrence which is beyond the reasonable control of the City, (c) Limitation of City's Liability. The City shall be liable only for the cost of repair !I to damaged Radios arising from the negligence or willful misconduct of City, its councilmembers, its officers, employees, agents, or contractors. The City shall not be liable to Metricom or any other person for any interruption in Metricom's service or for any interference with the operation of Metricom's Radios arising from the City's use of its facilities and Rights- of-Way or from any other action of the City,its officers,agents,and employees. (d) In no event shall the City or any of its officers or employees be liable to Metricom or any third party for any consequential, exemplary, or incidental damages, including but not limited to any lost profils, data, savings, or revenues, arising out of or in connection with this Ordinance or any other agreement Metricom may have with any of its subscribers,whether under tort, contract, or other theories of recovery, even if the City or its officers or employees have been advised of the possibility of such damages. The franchise granted by this Ordinance is for the benefit of Metricom, any transferee or assignee in accordance with the provisions of Section 15, and the City, and not for the benefit of any other party, it is not intended by any provision of any part of this Ordinance to create the public or any member thereof or any other person or business,whether for profit or not for profit, as a third party beneficiary hereunder, or to authorize any person not a party to this Ordinance to maintain a suit for damages of any sort pursuant to the terms or provisions of this Ordinance. r� A t. Page 13 of 22 `i tf c� lM,nGYp LGt ar a.w..w aJna.,a�v.*...n arc . . SECTION 12. INSURANCE. (a) Metricom shall obtain and maintain at all times during the term of this Ordinance commercial general liability insurance and commercial automobile liability insurance protecting Metricom in an amount not less than One Million Dollars ($1,000,000) per occurrence (combined single limit), including bodily injury and property damage,and in an amount not less than One Million Dollars (St.000,000) annual aggregate for each personal injury liability and products-completed operations. Such insurance policies shall name the City, its council members,officers, and employees as additional insureds as respects any covered liability arising out of Metricom's performance of work under this Ordinance. Coverage shall be in an occurrence form and in accordance with the limits and provisions specified herein. CIaims-made policies are not acccptable. When an umbrella or excess coverage is in effect, coverage shall be provided in following form. Such insurance shall not be canceled or materially altered to reduce the policy limits until the City has received at least thirty (30) days' advance written notice of such cancellation or change. Metricom shall be responsible for notifying the City of such change or cancellation. (b) Prior to the comm:ncement of any work pursuant to this Ordinance, Metricom shall file with the City the required originp.; certificates of insurance with endorsements, which shall clearly state all of the following: (i) the policy number, name of insurance company; name and address of the agent or authorized representative; name, address, and telephone number of insured; project name and address; policy expiration date; and specific coverage amounts; r � (ii) that the City shall receive thirty(30)days' prior notice of cancellation; and r 1 r Page 14 of 23 y u (iii) that bfetricom's insurance is rim p ary as respects any other valid or At collectible insurance that the City may possess, including any self-insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance. (c) The certificates) of insurance with endorsements and notices shall be mailed to the City at the address specified in Section 13 below. (d) Metricom shall obtain and maintain at all times during the term of this Ordinance statutory workers' compensation and employer's liability insurance in an amount not less than Five Hundred Thousand Dollars(S500,000) and shall fumish the City with a certificate showing proof of such coverage. (e) Any insurance provider of Metricom shall be admitted and authorized to do business in the State of Texas and shall be rated at least A:X in AM. Best& Conipany Insurance Guide. Insurance policies 'and certificates issued by non-admitted insurance companies are not acceptable. (f) Any deductibles or self-insured retentions must be stated on the certificates) of insurance, which shall be sent to and approved by the City. "Cross liability," "severability of interest," or "separation of insureds" clauses shall be made a part of the commercial general { liability and commercial automobile liability policies. { e ..^�a�^ ^ •+ Ao;e 15 of 23 c F 0-N*M LCL 0.a, -.,nu pdnrp%Hedvvn ly SECTION IJ. NOTICES. (a) All notices which shall or may be given pursuant to this Ordinance shall be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postar t prepaid; (b)by means of prepaid overnight delivery service; or (c) by facsimile or v.nail transmission, if a hard copy of the same is followed by delivery through the U.S. mail or by overnight delivery service as just described,addressed as follows: if to the City: CITY OF DENTON Attn.: City Manager 215 E. McKinney DENTON.Texas 76201 rf ro Aferricom: I METRICOM,INC. Attn: Property Manager 980 University Avenue Los Gatos,CA 95032 (b) Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next day in the case of ovemight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party driivercd in the manner set forth above. SECTION 14. TE&MINATION, (a) The franchise granted by this Ordinance may be terminated by either patty upon forty-five (45) days' prior written notice to the other patty upon a default of any material covenant or term hereof by the other party,which default is not cured within Forty-five(45)days of receipt of written notice of default (or, if such default is not curable within forty-five (451 �t, days, if the defaulting patty fails to commence such cure within forty-five (45) da) or fails )' p6ge 16 of 23 t J1 F 0.11 ,p LGL Om Du.intlntl Qbnwtl 9a Meeene�tl thereafter diligently to prosecute such cure to completion), provided, however, that the cure ' period for any monetary default, except as provided in Section 6(c), shall be ten (t0)days from receipt of notice. Except as expressly provided herein, the rights granted under this Ordinance are irrevocable during the term. (b) Any termination of the franchise granted by this Ordinance in whole or in part Will nor release Metricom from any liability or obligation hereunder which was accruing or had accrued at the time of termination, without limitation. The provisions of Section 10 of this franchise shall survive the termination of this franchise. SECTION IS. ASSIGNMENT. (a) Metricom`s rights under the franchise granted by this Ordinance are valid for its individual business use only. Metricom shalt not lease or sublease or in any way provide rights to any other firm or person. Any violation of this provision shall be ground!, for immediate termination of the franchise by the City. (b) Neither the franchise nor the rights and privileges grant hereunder shall be assigned by Metricom witnont the express written consent of the City,which consent shall not be unreasonably withheld, conditioned, or delayed. Any attempted assignment in violation of this , section shall be void. (c) Notwithstanding the foregoing, the transfer of the rights and obligations of Metricom hereunder to a parent, subsidiary, successor, or financially viable affiliate shall not be deemed an assignment for the purposes of this Ordinance. Metricom shall give the City tnl,ty (30, ' prior written notice of any such transfer. (d) All transferees and assignees hereunder shall be subject to all of the rights and A, obligations of Metricom under this Ordinance. Poge 17 of 23 __.. .r.. {, 1 t. I ,ryes La LGL Ow dKwvntl don..n w Mmxan�i SECTION 16. MISCELLANEOUS PROVISIONS. (a) Nonexclusive Use. This Ordinance does not provide Metricom with exclusive use of the ;Municipal Right-of-Way or any Municipal Facility and City shall have the right to permit otter providers of telecommunications services and other services deemed appropriate by the City to install equipment or devices in the Municipal Right-of-Way and on Municipal Facilities, Nothing in this Ordinance sha!i be construed to obligate the City to grant Metricom permission to use any particular facility or Right-of-Way, not covered by this Ordinance, (b) In order to assist Metricom in identifying potential interference situations, t.+e City a rees to promptly notify Metricom of the approval of any proposal for the installation of communications equipment or devices in the Municipal Right-of•Way or on Municipal Facilities. (c) Awendment of Ordinance, This Ordinance may not be amended except pursuant to a written instrument signed by both parties. (d) Severabili(,y of Provisions. If anyone or more of the Provisions of this Ordinance shall be held by court of competent jurisdiction in a final jud;cial action to be void, voidable, or unenforceable, such Provision(s) shall be deemed severable from the remaining Provisions of this Ordinance and shall not affect the legality, validity, or constitutionality, of the remaining portions of this Ordinance, Each party hereby declares that it would have entered into the agreement reflected by this Ordinance and each Provision hereof irrespective of the fact that any one or more Provisions be declared illegal,invalid, or unconstitutional. (e) Contacting Metricom. Metricom shall be available to tl•a staff employees of any City department having jurisdiction over Metrieom's activities twenty-four (24) hours a day, seven (7) days a week, regard;ng problems or complaints resulting from the attachment, A installation, operation, maintenance, or removal of the Radios. The City may contact by Page IS of 23 d..�►D «�Our Cocvmm.�.,.K.N Wm,pi 4 .. .__ telephone the network control center operator at telephone number (800) 8733468 regarding such problems or complaints. (0 t3oveming .aw: Jurisdiction: Venue. This Ordinance shall be governed and construed by and in accordance with the laws of the State of Texas, without reference to its conflicts of law, principles, If suit is brought by a party to this franchise, the parties agree that trial of such action shall be vested exclusively in the slate courts of Texas, County of Denton, or in the United States District Court for the Eastem District of Texas. (g) Attorneys' Fees. Should any dispute arising out of this Ordinance lead to iit;gation, the prevailing party shall be entitled to recover its costa of suit, including rcau;.ble attorneys' fees. (h) Successors and Assign. The provisions of the franchise granted by this Ordinance are binding upon the successors and assigns of the parties hereto. (i) Advice of Displacement, To the extent the City has actual knowledge thereof, the City will attempt promptly to inform Metricom of the displacement or removal of any pole on which any Radio is located. O Consent Criteria. In any case where the approval or consent of one party hereto is , required, requested or otherwise to be given under this Ordinance, such party shall not unreasonably delay,condition, or withhold its approval or consent. (k) Waiver of Brea. 71e waiver by either party of any breach or violation of any Provision of this Ordinance shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other Provision of this Ordinance. (1) Representations and Warranties. Each of the parties represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform the parties' �1! v r..F.aarwx i« 44„a Pole 19 of 23 L t. I I I rw. 4WI ova eye respective obligations hereunder and that such obligations shall be binding upon such part) without the requirement of the approval or consent of sny other person or entity in connection herewith. (•'n) Eal1l4 = This Ordinance contains the entire unders.anding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this franchise which are not fully expressed herein. (n) Acceptance, Before this Ordinance shall take effect,Metricom shall file with the City its acceptance of the terms hereof, sighed by a duly authorized representative, whereby Metricom agrees to bind itself legally to the terms and conditions of this Ordinance. PASSED AND APPROVED this fie day of 1999. , MAYOR Council K mbe: Council Member Council Member Council Mepiber Council Member Council Member ATTEST: JENNIFER WALTERS,CITY SECRETARY APPROVED AS TO LEGAL FORhI: HERBERT L. PROM,CITY ATTORNEY A Pa;e 20 of 23 F INaMMp LGLOV Dawnn pinnc�MMm,on Ll The above and foregoing ordinance read, adopted on first reading and passed to second reading by the following votes, this the day of , 19_--_, at a regular session of the City Council. j Mayor,voting Council Member, voting Council Member,voting _ Council Member,voting Council Member, voting Council Member,voting Council Member,voting The above and foregoing ordinance read,adopted on second reading and passed by the following votes, this the day of , 19_, at a regular session of the City Council. M_ Mayor,voting Council Member,voting Council Member, voting Council Member,voting Council Member,voting _ Council Member, voting _ Council Member,voting STATE OF TEXAS ¢ ¢ COUNTY OF DENTON ¢ 1, , City Secretary of the City of Denton, Texas,do hereby certify that the above and foregoing is a true and correct copy of the right-of-way rental agreement between the City of Denton, Texas, and Metricom, Inc., as Indicated herein. The same is now recorded in Volume Page _— of the Ordinance Records of the City of Denton,Texas, WITNESS MY AND this the_day of A.D. 19 (Seal) l , i City Secretary LwrNawn�.i,w,i„" Past 21 of 23 - t- G t, C4M%OLI&KAAjDDEp%GLM PsWnsa Orbr..r�vlb„my y„ - - ACCEPTANCE t► WHEREAS, the City Council of the City of Denton, Texas, did on the _ day of € 19_,enact an Ordinance entitled: k AN ORDINANCE GRANTING A FRANCHISE TO METRICOM. INC,, FOR THE USE AND OCCUPANCY OF THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF DENTON FOR TELECOMMUNICATIONS PURPOSES; PROVIDING FOR CONDITIONS OF SUCH USE; PROVIDING FOR COMPENSATION FOR SUCH USE AND OCCUPANCY; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF, and WHEREAS, said Ordinance was on the day of 19 duly approved by the Mayor of said City and the seal of said City was thereto ailixed and attested by the City Secretary; NOW, THEREFORE,Metricom, Inc, hereby in all respects accepts,approves, and agrees to said Ordinance, and same shall constitute and be binding contractual obligation of Metricom, Inc, and of the City without waiver of any other remedy by Metricom, Inc. or the City and files this its written acceptance with the City Secretary ofthe City of Denton, Texas, in hitv'her office. Dated this day of A.D. 19 METRICOM, INC. By: ATTEST, Assistant Secretary Acceptance filed in the office of the City Secretary of Denton, Texas, this day of A.D. 19 City Secretary ' .A f 1�� o PAoe 32 OI 22 Pt bo A October e, 1949 Mr.Michael Bucek it City Anrmey's OffKe City of Denton OCT Q 1 X999 215 Ent McKinney EENNTT Denton,Tx '6201 CIJEOAFL DEpTON Mr.Bucek: %letrlcom,Inc.hereby accepts the language in the Ordinance yrantinp a franchise to Metricom for the use Of the City's Riyhta•ofv ay. Metricom also agrees to pay publ cation costs for this franchise in the Denton Record Chronicle. RespectlLlly, Jaw Bernanke local Ga etnntem Relslions and Property Manager I t ) .0 .� Ot RICOCHET NETxx'ORK DESCRIPTION Ricochet',' is an innovative wireless network that enables high speed, low cost, wide area € access to the Internet,on-line services, LAN applications,and peer devices. Ricochet networks employ frequency hopping, spread spectrum, packet radio repeaters, known as 1.poletops,"which are installed geographically in a mesh topology. Through a unique combination of Ricochet's wireless cloud and its wired backbone,digital information travels through the network at high speeds within a city and between cities. Ricochet poletop radios are shoe box-sized, require low power levels, and are attached easily to existing inrrasteucture,such as street lights, utility poles, and roof tops, Typical deployment consists of installing poletop radios in a cluster from one-half mile to two miles apart in a mesh topology, making Ricochet extremely flexible and expandable. Each poletop radio constantly knows the identity of, location of, and its ability to communicate with other poletop radios within its range. Information packets can enter and exit the network at any poletop radio location; once in the network, packets can "hop"around busy or non-functioning radios. Expanding coverage, increasing capacity, or achieving communications in dead spots is simply a matter of installing one or more additional poletop radios. Metricom's mesh network architecture transmits digital data packets at a frequency of 902.928 MHz and inherently provides for rugged and secure communications. Known as frequency hopping spread spectrum technology, this random technique makes it extremely difficult to monitor the si,;nals to or from any particular radio. Each radio- inciuding the user'modem connection - "spreads" its transmissions over 162 channels (each of which is 160 kHz wide within the 26 M11Hz band) which are randomly selected using unique sequences, Since the channels do not overlap, sequential data transfers never occur on the same channel. Although Ricochet does not require a license from the FCC to transmit and receive radio si;nals, the FCC certifies that each Ricochet device complies with strict FCC Part 15 regulations. For example, such regulations stipulate that the maximum transmit power for a Part 15 device is only 1000 milliwatts(i.e., are wart). Further,radio transmissions cannot occupy a particular channel for more than 400 milliseconds; the Ricochet service completes a typical transmission- from usedmodem to poletop radio or from poletop radio to poletop radio- is typically less than 100 milliseconds,depending on packet size, Finally, the Ricochet wireless network offers inherent security by breaking up information and spreading data across the network in a number of small packets that are typically S00 by-cs in size, each transmitted in a pseudorandom fashion on a different r channel, These multi•fragmented messages are particularly difficult to intercept In cases d where the entire message must be captured to be of any practical use. The packets take full advantage of the mesh topology architecture and the large numbers of routing paths available at any one time, providing additional obstacles to interception by potential eaverdroppers and unauthorized users, Jl i r !)QAtlda N0.��051 aoettda 1 7 Date v �' AGENDA INFORMATION SHEET ! AGENDA DATE: November 16, 1999 DEPARTMENT: Utilities ACM: Howard Martin,349-8232 SUBJECT: SECOND READING OF AN ORDINANCE GRANTING TO DENTON COUNTY ELECTRIC COOPERATIVE,INC., DOING BUSINESS AS COSERV ELECTRIC,A FRANCHISE FOR THE PURPOSE OF CONSTRUCTING,M/'.INTAININO, AND USING AN ELECTRIC U77LIT'Y SYSTEM IN THE CITY OF DF*1TON;REGULATING THE CONSTRUCTION WOitK DONE BY THE GRANTEE IN 711E CITY;PRESCRIBING TI IE DUTIES, RESPONSIBILITIES,AND RULE-MAKING AUTHORITY OF THE CITY MANAGER AND THE CITY WITH RESPECT TO ADMINISTRATION OF THIS FRANCHISE; PROVIDING FOR ENFORCEMENT OF THE FRANCHISE; PRESCRIBING THE COMPENSATION TO BE PAID THE CITY BY THE GRANTEE FOR THE FRANCHISE PRIVILEGE; SETTING FORTH THE TERM OF THE FRANCHISE ;PROVIDING FOR A SEVERABILITY PROVISION;PROVIDING FOR ACCEPTANCE OF 7HE FRANCHISE BY GRANTEE; AND PROVIDING AN EFFECTIVE DATE, BACKGROUND: The City Charter and the newly adopted Right-cf•Way Ordinance No. 99.373 requires an electric service provider operating in the City of Denton to have a Franchise Agreement. The attached agreement with CoSery Electric establishes such an agreement with CoSery Electric for a 10 year period. 1 OPTIONS: None RECOMMENDATIONS: Accept the proposed Franchise Agreement with CoSery Electric. PRIOR ACTIO.NIREVIEW(Council, Boards, Commission): r A First reading of the Franchise Agreement before the City Council was done on November 2, 1 " 1999. I r 4 FISCAL INFORMATION: None Respectfully submitted: Sharon Mays Director of Electric Utilities I 2 as s t t' ORDINANCE NO. AN ORDINANCE GRANTING TO DENTON COUNTY ELECTRIC COOPERATIVE, INC., DOING BUSINESS AS COSERV ELECTRIC, A FRANCHISE FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, AND USING AN ELECTRIC UTILITY SYSTEM IN THE CITY OF DENTON; REGULATING THE CONSTRUCTION WORK DONE BY THE GRANTEE IN THE CITY; PRESCRIBING THE DUTIES, RESPONSIBILITIES,AND RULE- MAKING AUTHORITY OF THE CITY MANAGER AND THE CI1Y WITII RESPECT TO ADMINISTRATION OF THIS FRANCHISE; PROVIDING FOR ENFORCEMENT OF THE FP ANCHISE; PRESCRIBING THE COMPENSATION TO BE PA!D THE CITY BY THE GRANTEE FOR THE FRANCHISE PRIVILEGE; SETTING FORTH THE TERM OF THE FRANCHISE ; PROVIDING FOR A SEVERABILITY PROVISION; PROVIDING FOR ACCEPTANCE OF THF. FRANCHISE BY GRANTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Denton County Electric Cooperative, Inc., doing business as CoSery Electric, has been using Prd occupying Public Rights-of-Way in the City of Denton for a number of}ears, including all of calendar year 1998,without a franchise therefor from the City; and WHEREAS, by letter agreement dated June 16, 1999 ("L<tler Agreement"), CoSery Elecuic and the City agreed to interim terms and conditions governing CoSery Electric's use and occupancy of the Public Rights-of•Way until CoSery Electric and the City reached agreement on a comprehensive franchise agreemenVordinance;and ✓' . \VHERFAS, such Letter Agreement provided that the elecule franchise to be granted to "-� CoSery Electric %%ould have an effective date of no later than May 17, 1994; and 1 t t: r rr, WHEREAS,the City of Denton has adopted Ordinance No. 99.373 amending the City of Denton Code of Ordinances to provide uniform regulations to govern the use and occupancy of Public Rights-of-Way by providers of Electric Utility Service in the City, such provisions beirg codified as Sections 26.240, et seq., City Code, and including the requirement that such providers obtain a franchise from the City for such use and occupancy;and WHEREAS, Sections 26-240, er seq., of the City Code apply to Denton County Electric Cooperative, Inc,,doing business as CoSery Electric, and its provision of Electric Utility S ,vice in the City,and requite Denton County Electric Cooperative, Inc. to obtain a franchise from the City;NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: SECTION 1: DEFINITIONS. As used in this ordinance, capitalized terms shall have the defined meanings set forth in Ordinance No. 99.373,codified as Sections 26-240, er seq.. City of Denton Code of Ordinances. and such definitions are hereby adnmted as is set forth fully herein. " sI:MQ 1[' FRANCHISE GRANTEb. (a) There is hereby GRANTED to Denton County Electric Cooperative, Inc., doing business as CoSery Electric (hereinafter called"Grantee'),for the term of ten(10)years from the effective date set forth in Section tll of this Ordinance,a Franchise to use and occupy the Public Rights-of-Way in order to construct,erect, own, suspend, install,extend,renew, repair, maintain, operate, and conduct in the City of Denton. Texas, (hereinafter referr^d to as "City"). a plant or t plants and poles, wires, pipelines, cables, underground conduits, manholes, fiber optic cable for - A, its own use.and all other facilities and equipment needed and necessary for the maint:nance and r operation of an Electric Utility System. c � a (b) This Franchise does not grant to Grntee the right, privilege, or authority to engage in any other business within the City other than the provision of Electric Utility Service, as set forth in this Franchise. Any additrmal services to be perfom:ed by Grantee in the City, other than Electric Utility Services, shall n n be included within this Franchise, but instead, shall be the subject , 'a separate r.greement er by an appropriate amendment to this Franchise, (c) All of Granteeb ac'rvities end occupation of the Public Rights-or•Way in the City shall be governed by the provisions of Sections 26.240, et seq., City Code, as such provisions may be amended from time to time in the sole discretion of the City, (d) This Franchise supereedes, and takes the place of, the Letter Agreement dated June 16, 1499, referenced in the preamble hereof. Grantee and City, agree that Ordinance No. 99.373 , codified as Sections 26.240. of seq., City Code, and this Franchise together constitute the comprehensive franchise agreement/ociinance referenced in the Letter Agreement, SECTIQN:1J1: ADMINISTRATION l+F FRANCHIS . DY CITY, (a) The City Manager is the principal City officer responsible for the administration of this Franchise, and shall generally o%ersee and review the opera'.ions of Gra,ti^e under this Franchise. kb) The City may delegate to the City Manager the exercise of any of the Po aers conferred coon the City by its Charter, under its Code of Ordinances, or by regulation or r,le, or by law, relating to the supervision and regulation of Grantee in the cxerclse of the rights and t privileges herein conferred to Grantee, The City Manager shall F.ave tht authority to make and publish, after written notice to those affected and after a hearing, such rules and regulations as r A, , r. are necessary to cony out the duties and poHrrs conferred upon the City, acting by and through 1;` + its City Manager by the Public Utility Regulatory Act, as amended, and otherwise, 1 0 I i I (c) It shall be the right and duty of the City Manager and the governing body of the f f City at all times to keep fully informed as to all matters in connection with, or affecting the construction, reconstruction, maintenance,operation, and repair of the Electric Utility System of the Grantee, as well as its accounting methods and procedures in connection there"ith, the conduct of the Grantee's business in the City,and the Electric Utility Service being provided by Grantee in the City. SECTION IV: RECORDS, REPORTS.AND INSPECTIONS. (a) The Grantee shall maintain its books and records as prescribed in Section 26.249, City Code, (b) Grantee, at Grantee's sole cost and expense and upon request b City. will Po 9 Y Y promptly provide copies of financial and operating reports filed with the Public Utility Commission of Texas, the Federal Energy Regulatory Commission, and the Securities and Exchange Commission, or their successor agencies, in no event later than fifteen (15)days after the receipt of a request therefor from the City , (c) Grantee shall keep the City fully informed as to all matters in connection with or affecting the construction, reconstruction, removal, maintenance, operation, or repair of Grantee's facilities: including, without limitation, all accounting methods and procedures used by Grantee in determining the franchise fee amounts to be paid the City, (d) Grantee shall provide the City, on an annual basis, a current chain-of-command organizational chart of Grantee showing all of its officers, managers and supervisors, together i with their respective tides, addresses and telephone numbers, who have the ultimate z Al t, jr� responsibility for managing, operating, and maintaining Grantee's Electric Utility System in the City. 1 i I • i I I U i l I (e) The City Manager, or his designee, shall have the right, at reasonable times, to inspect the plant,equipment,and other property of the Grantee, and its affiliates; and to examine, audit, and obtain copies of the papers, books,accounts, documents, and other business records o: the Grantee and its affiliates, consistent with state law and in accordance with the provisions of Section 26.249, City Code, (q The City shall retain all of the investigative powers and other rights provided to the City by its Charter and by state law. USIL)N V: COMPENSATION TO BE PAID TO THE CITY. (a) Grantee shall pay the City an annual Franchise Fee as set forth in Section 26.242, City Code. (b) (Grantee shall furnish to City at the time each quarterly payment of franchise fee is made to City hereunder, a sufficiently detailed financial statement showing how the Gross Revenues amount was arrived at and how the amount paid to the City was determined, for such quarter. After Grantee implements customer choice, the Information provided to the City shall indicate the number of kilowatt hours of electricity delivered by the Grantee in the City. (c) within ninety (90) days after the effective daa, of this Franchise. Grantee shall 1 provide information to the City: (i) documenting the total number of kilowatt hours of electricity delivered by Grantee in calendar year 1998 to all of Grantee's retail customers whose consuming facilities' points of delivery were located within the City's boundaries; and A� , w _ i Cl u Ok (ii) documenting Grantee's Gross Revenues (as defined in Section 26• I 240, City Code) in calendar year 1998 derived from the provision of Electric Utility Service within the City's boundaries. (d) The City shall compute the franchise fee that Grantee would have paid to the City in calendar year 1998 at the rate o£4%of Grantee's Gross Revenues for 1998, as determined in paragraph (c) above, and shall notify Grantee of the results of City's computation. Grantee agrees that the result of such computation is the amount due to the City for calendar year 1998. in accordance with the provisions of §33.008. PURA. Grantee agrees that City will use this &.mount to calculate Grantees franchise fee per kilowatt hour, in accordance with §33.008, PURA. By October 1, 2001,the City shall notify Grantee of the amount of the franchise fee set forth in number of dollars per kilowatt hour. Grantee agrees that such calculation is appropriate and waives any right it may have to challenge or otherwise contest the calculation of the franchise fee, (e) Grantee shall pay the kilowatt hour-based franchise fee instead of the franchise fee based upon Grantee's Gross Revenues,commencing with service rendered by Grantee on and alter January I, 2002, or commencing with service rendered by Grantee on and after the first day of the first month following the effective date of Grantee's implementation of customer choice, whichever is later, SECTION VI: FRANCHISE AND OTHER VIOLATIONS. Upon evidence being received by the governing body of the City that a violation of this Franchise Ordinance,or a City Charter provision, or an ordinance of the City lawfully regulating A ltd\ Grantee in the furnishing of service hereunder is occurring,or has occurred,it shall at once cause an investigation to be made by the City Manager or his designee. Notice, penalties, and (s f I � procedures for ensuring compliance with this franchise shall be as provided in Sections 26.240, el seq., City Code. SEC?'ION VII: NOTICES. (a) All notices, Including communications and statements that are required or permitted under the terms of this Franchise, shall be In writing. Service of a notice shall be accomplished by hand-delivery, by registered or certified mail,return receipt requested(postage i prepaid), or by reputable overnight delivery service. All notices shall be effective upon the receipt of notice by the intended recipient, (b) All notices shall be sent to the City and Grantee at the following addresses: CITY OF DENTON.TEXAS DENTON ELECTRIC COOPERATIVE,INC. City Manager db/a CoSery Electric City of Denton c/o Curtis Trivitt,P.E. 215 E. McKinney Director of Engineering and Operations Denton. Texas 76201 3501 FM 2181 Corinth, Texas 76205 (c) The City and Grantee, from time to time, may designate a new address and'or another designated officer for purposes of providing notice hereunder, by written notice to the , other party given as provided herein. SECI ION V111: CUNFOIWITY TO THE CONSTITUTION- STATUTES, CHARIER AND Cl TY CODE OF ORDINANCE5. This Franchise is granted subject to all applicable provisions of the Cons-itution and laws of the State of Texas, the Charter of the City of Denton, Texas, and the Denton Code of Ordinances, together with any and all rules and regulations adopted thereunder, This Franchise shall in no way affect, abridge, or impair the rights, obligations, or remedies of the parties (/ -` c provided for by the Public Utility Regulatory Act of Texas,as amanded, r a f� R SECTION X: GOVERNING LAW AND VENUE. (al This Franchise shall be governed by and construed in accordance with the laws of the State of Texas and the City Charter of the City of Denton,Texas. (b) Venue respecting any dispute arising hereunder shall exclusively lie in Denton County,Texas. (c) For purposes of construction, this Franchise shall be construed s having been negotiated at arm's length and drafted by the combined efforts of the City and Grantee and their respective legal counsel. SECTION X; INDEMNIFICA'T'ION, I Grantee shall defend, indemnify and sane whole and hannless the City and all of its offcers, of icials, agents, employees and attorneys, against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other hum for which recovery of damages is sought, suffered by any person or persons that may be occasioned by. or arise out of, Grantee's breach of any of the terms or provisions of this Franchise or of Sections 26.230,et sey , City Code,or by any negligent or strictly liable act. or omission by Grantee, its officers, agents, employees, subcontractors, affiliates and subsidiaries, in the construction, maintenance, operation, or repair of Grantee's Electric Utility System,or by the conduct of Grantee's business in the City pursuant to this Franchise; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, officials, agents, employees, or separate contractors. In the event of joint and concurrent negligence or fault of both of the Grantee and the City, A responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas without, however, walving any governmental Immunity defense or 4 t: provision available to the City under applicable Texas law, and without waiving any of the defenses of the parties under applicable Texas law, 11 is understood that it Is not the intention of the parties hereto to create liability for the benefit of any third parties, but that this Franchise shall be solely for the benefit of the City and Grantee, and shall not create or grant any rights, contractual or otherwise,to any other person or entity, SECTION XL• NONEXCLUSIVE FRANCHISE The Franchise granted by this Ordinance Is not exclusive. Nothing contained herein shall be construed so as to prevent the City from granting other like or similar rights, privileges, and franchises to any other person, firm,corporation.or public utility. SEC110N XII: EFFECTIVE BATE:ACCEPTANCE, This ordinance shall take effect immediately from and aner its passage, publication, acceptance by Grantee in accordance with the provisions of the Charter of the City of De,.,on. Texas, and after Grantee deposits its surety bond with the City Finance Director. as required by Section 26.244, and it is accordingly SO ORDAINED. Under Inc terms of the Letter , Agreement, Grantee's obligations with regard to payment of compensation hereunder shall have an effective date of Slay 17, 1999,and Grantee's first payment of franchise fees for the period of Slay 17, 1999 through September 30, 1999. shall be due upon Grantee's acceptance hereof. The 11 Franchise granted herein shall continue for a term of ten (10))-tars from the Xective datr. SECTION XII1: OPEN b1EE1ING• It is hereby officially found and determined that the meetings at which this ordinance w as passed were open to the public as required by law. and that public notice of the time, place and A purpose of Bald meetings wcs given as required by law, { 4 � l- JACK MILLER, MAYOR ATTEST: JLNNIFER WALTERS,CITY SECRETARY BY: APPR WED AS TO LEGAL FOI kt: HERBERT L. PROUTY.CITY ATTORNEY BY: ( _ The Ci'y of Denton, Texas, acts, g herein by its duly constituted authorities, hereby declares the foregoing Ordinance passed on first reading on the day of 1999; and passed on second reading on the _ day of 1999; and passed on third reading on the day of 1999; and being finally efftaive as of the day of 1999. Jack Miller, Ntayor Mark Burroughs, Council Member Roni Beasley, Council Slember Mike Cochran,Council Member Neil Durrance, Council Member Sandy Kristoferson,Council Member Carl 0. Young, Sr, Council Member The above and foregoir p ordinance read, adopted on first reading and passed to second reading by the follo%ing votes,this the day of , 1999, at a regu .r session of the City Council. i Jack Miller, Mayor,voting A� , Stark Burroughs,Council Member,voting Roni kleasley, Council Member,voting r I I Mike Cochran, Council Member,voting Neil Durrance,Council Member, voting Sandy Kristofetson, Council Member,voting _ Car'.0. Young.Sr., Council Member,voting The above and foregoing ordinance read, adopted on second reading and passed to third reading by the following votes,this the _day of 1999,at a regular session of th :City Council. Jack Millcr, Mayor,voting _ blank Burroughs,Council Member, voting Ron! Beasley,Council Member, voting Mike Cochran,Council Member, voting Neil Durrance, Council Member,voting Sandy Kristofetson,Council Member, voting Carl 0, Young, Sr..Council Member, voting The above and foregoing ordinance rear, adopted on third reading and passed by the following / votes, this the day of 1999, at a regular session of the City Council. Jack MiCer,Mayor, voting Mark Burroughs,Council Member, voting Rori Beasley, Council Member, voting Mike Cochran.Council Member,voting Neil Durtance,Council Member, voting Sandy Kristofetson, Council Member, voting _ Carl 0, Young, Sr.,Council Member, voting oe I STATE OF TEXAS § 4 , COUNTY OF DENTON § 1,iennifer Walters,City Secretary of the City of Denton,Texas,do hereby ctnify that the above and foregoing is a true and correct copy of the Franchise Agreement Ordinance between the City of Denton and Denton County Electric Cooperative, Inc„ doing business as CoSery Electric. The same is now recorded as Ordinance Number in the Ordinance Records of the City of Denton, Texas. W1TNFSS MY NAND this the day or__ 11999, (SEAL) Jennifc Walters,City Secretary l , r t ` i f t . . } 1 f i t to ACCEPTANCE WHEREAS, the City Council of the City of Denton, Texas, did on the ` day of _, 1999,enact art Ordinance entitled: AN ORDINANCE GRANTING TO DENTON COUNTY ELECTRIC COOPERATIVE, INC. DOING BUSINESS AS COSERV ELECTRIC A FRANCHISE FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, AND USING AN ELECTRIC UTILITY SYSTEM IN THE CITY OF DENTON; REOULATING THE CONSTRUCTION WORK DONE BY THE GRANTEE IN THE CITY; PhC.SCRIBING THE DUTIES, RESPONSIBILITIES, AND RULE- MAKING AUTHORITY OF 1HE CITY MANAGER AND THE CITY WITH RESPECT TO ADMINISTRATION OF THIS FRANCHISE; PROVIDING FOR ENFORCEMENT OF THE FRANCHISE; PRESCRIBING THE COMPENSATION TO BE PAID THE CITY BY THE GRANTEE FOR THE FRANCHISE PRIVILEGE; SETTING FORTH THE TERM OF THE FRANCHISE AND THE RIGHT OF THE CITY TO UNILATERALLY TERMINATE THE FRANCHISE IN CERTAIN CIRCUNISIANCES; PROVIDING FOR A SEVERABILITY PROVISION. PROVIDING FOR ACCEPTANCE OF THE M%NCHIS£ BY GRANTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, sold Ordinance was on the day of 1999,duly approved and subscribed by the Mayor of srLid City, and the seal of said City µas thereto affixed and attested to by the City Secretary; NOW, THEREFORE, Denton Cotmty Electric Cooperative, Inc., doing business as CoSery Electric, hereby in all respects ACCEPTS, APPROVES AND AGREES TO said Ordinance, and the saute shall constitute and be a binding contractual obligation of Denton County Electric Cooperative, l;tc., doing business as CoSery Electric, and of the City, without waiver of any other remedy by Denton County Electric Cooperative, Inc,. doing business as CoSery Electric, or the City, and Denton County Electric Cooperative, Inc„ doing business as CoSery Electric, da!s hereby file this, its w1ven acceptance, with the City Secretary of the City of Denton, Texas, in her office. DATED this the day or-- 11999. DENTON COUNTY ELECTRIC COOPERATIVE. INC., doing business as COSERV ELECTRIC By: J ATTEST: I U j i ACCEPTANCE FILED in the Officc of the City Secretary of the City of Denton,'fexas,this the day of ' 1999. i Jennifer Walters,City Secretary I 4 i i t I At}ea6a Na. Aptteda Item 3 hate - F ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE ANNEXATION AGREEMENT ENTERED INTO BETWEEN THE CITY OF DENTON AND VIOLET PROPERTY ASSOCIATES, L.P. AS A PART OF THE SETTLEMENT OF LITIGATION STYLED CITY OF DENTON V DENTON COUNTY FRESH RATER SUPPLY DISTRICT NO !A AND DENTON COUNTY FRESH WATER SUPPLY D1Si'RICT NO. S FOR THE PURPOSE OF ESTABLISHING A TIMELINE FOR CONSTRUCTION OF THE HIGHWAY 377 WATER LINE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 4, 1999, the City of Denton ("Denton') and Violet Property Associates, L.P. ("Property Owner") entered into an Annexation Agreement as a part of the settlement of litigation styled City of Denton v. Denton County Fresh Water Supply District No. 1A and Denton County Fresh Water Supply District No. S;and WHEREAS, on November 2, 1999, the City Council approved Ordinance No. 99.412 amending the Annexation Agreement to establish a timeline for construction of the Graveyard Branch wastewater line extension;and WHEREAS, the Property Owner has requested that the Annexation Agreement be amended a second time to set a completion date for Denton's construction of the highway 377 water line and to more fully describe that water line; and WHEREAS, the City Council deems it in the public interest that the Second Amendment 1 be approved; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Subject to the Property Owner executing the Second Amendment to the Annexation Agreement and aRer approval of the document by the City Attorney,the City Manager is hereby authorized to execute a Second Amendment to the Annexation Agreement entered into by and between Denton and Property Owner dated August 4, 1999, Khich establishes a completion date for construction of the Highway 377 water line subject to the conditions of the Second Amendment in substantially the form of the attached Second Amendment,which is made a part of this ordinance for all purposes. SEC11OLN 2. That the City Manager is authorized to lake all of the actions as indicated In the attached Second Amendment. SECTION 3. That this ordinance shall become effective immediately upon its passage A ' and approval, (1 ; i c, t I PASSED AND APPROVED this the day of 1999. JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L.PROUTY,CITY ATT RNEY BY: r ..ran Lows.Dmrmee*n�+Ox W w,mm mn6 n,a Page 2 NOV-II-25 17:54 Frw: r-ri5 P.02 Job-115 This Second Amendment to the Annexation Agreement entered law by and between the parties hereto dated August 4, d999,(this 'Amendment')is nude and entered into effective as of the_day of November, 1999,by and between the CITY OF DENTON,TE:W("Denton% and VIOLET PROPERTIES ASSOCIATES, L.P., ("Property Owner-). }11T3Y���>gTliit WHEREAS, Denton and Property Owner heretofore entered Into 47at certain Annexation I Agreement(the"Agreement')dated as of August 4, 1999, pursuant to the rerins of which Denton agreed, among other things, to extend city water lines and-p o vatef WIides ef scfltrkat Capaehy to serve the development of the Property (as deflrted MiWagracularly therein). I WHEREAS, Denton and Property Owner heretofore entered into that certain First Amendment to Annexation Agreement, dated November ` 1999, pursuant to the terms of which Denton agreed, among other things, to complete or have completed the Graveyard Draneb Extension(as defined therein)by April 1. 2001. WHEREAS, Denton and Property Owner now desire to amend the Agreement as more particularly described below. NOW,THEREFORE, for and In consideration of the covenants and undertakings set forth in the Agreement, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowkxtgcd, Denton and Property Owner hereby agree as follows: ASf9i3ZMENIM 1. All terms which are denned in the Agreement shall have the sate meaning when used herein, unless specifically provide!herein to the contrary. 2. Notwithstanding the terms and corditbns of the Agreement, Denton shall construct or cause to be constructed, at Its sole coot and expense, subject to the Property Owners repayment of its proportionate shoe of ►he costs sad expenses in accordance with the Agreement, a water line and-other tosser Facilities of sufficle 1! C"Wit., to selve-the deteleprittat of the Property substantially In accordance with themes " cerldln water line described in an L hftl" which shall be prepared by Kimlim-Horn Al AgQdgJMJg6 and attached to and made a part hereof for all purposes (the NNW=Mr Water Line MVravc uferts"). The x consulting firm of a MMd#JU. ins shall , ®Ii,L-i�atiY.. .� perform the engineering design services for the blAkSUM Water Line hnpre%emetMl, The Highway Water Line Improvenwit a shall k completed prior to April k, 2001 (the "Completion Date'), unless the Conydetion Date is amended in writing by Property Owner or unless the construction of the L%i Water Line improvements Is delayed by ressun of war, civil commotion, acu of am, goveratnem restrictions, regulations, of Interferences, fire, flood or other casualty, or other circumstances n.m,4 4M04 0 40010 now 4 c� Iq1'-II-11 1161 Rau T-Iil Let/ll Jo!-116 i 3. Thi& Amendment mw be executed in y reparae obnateepsra, each of which shau be as original ad All of which when taken,together&hall conwatte one ad the ume htstrumm. Parther. this Amendment may be executed by bode Denton and Property Owner by fseslatile&Itnatttre,such that exeattlon of this Amwdawnt by hashaile dWl be deemed effective for a1i purpow a though this Amendment wu executed u a'blue ink' orittol. 4. Except u amended hereby.the Avicemeat&hall be and remain to full force sod effect and Is hereby ratified and confamed by Demo and Property Owner. Upoe exeewion by the this Amendment o�Otrat of the Co ed;. Debtor mptl yr� In��P�� IN WITNSSS WMXOF, the Parch bave exoa*d thl&Amendment effieWve thls tbo day of November, 1999, CITY OF D6N'I'ON, TEM By Michael Jez. City Mtmtget A!11291s Jerrifer Walters i City Secretary APPROVAL AS TO FORM Herbert L. Prouty City Attorney j twrwwuirt a►r.aoat 2 f y C t NOY-11-q Ih61 Irai T-111 ►.Pi/01 Jot-�61 R PROPERTY OWNERS VIOLET PROPBHTI)ii8 AMOCIAM L.P., a Deiawub l a W put ws* . . By: Fins Relm samprim. Im., By: Neale: Tide: it 4 y ' (3 sor-Il-p IT31 Fraer T-111 t.IIAI J*Ili APPROVAL BY COMM Terry D. Morpa Wi11Lm S. Dshldrm State F*No. 14434073 Sm Hru' No. 0331630D Terry Morgan k Associaas. Jm*aw k Oiichr w. A.C. Attorneys for the City of Denton Aaorneys for A gmly Oww As / dliW N41N r1./01N.000a! 4 { ' I rr � c� NCV-Ildl 1616 lrai 1-111 1.01/'01 Job-101 STATE OF TMAS COUNTY OF DENTON ; Ou this day of November, 1999,before me pemnally appeared Michel Jos, City Manager of the City of Denton, Texas s W acknowledged to the thu he executed the foregoing instrmnent in his authorized eWeity for wwl on behalf of the City of Demo. NOTARY Ps TRUC IN AND FOR + THE STATE OF TIMAS My Commission &pires: STATE OF NEW YORK ; COUNTY OF ; On this ^ day 'of, NoVember,; , 1999, , before me, personally appeared of First kegency Bntarprises.Inc•,a Delaware lirNtod partucrahip, Oeoeal Partner of Violet Propertles Assoelatea, L.P., a Delaware limited partnership, and acknowledged to me that he executed the foregoing instrument in his authorized ' capacity for and on behalf of aaW Umbod partnership. Notary Public In and Par the State of New York Printed or Typed Nama of Notary My Commluion Explros: twn,R,�,�,�,t,�,t►ao�r s i i ate No, — Ac+r►d,tarn Date AGENDA INFORMATION SHEET i i AGENDA DATE: November 16, 1999 DEPARTMENT: City Manager's Office CM: Mike Jez,City Manager SUBJECT Consider nominations and appointments to the City's Boards and Commissions. BACKGROUND i The following Is a list of current Board/Commission vecencies!nominations: Kevin Kesparek has resigned from the Keep Denton Beautiful Board. This is a nomination for Council Member Kristoferson. Diane Ricks has resigned from the Historic Landmark Commission. This is a nomination for Council Member Cochran. LeJean Brown has resigned from the Library Board. This is a nomination for Council Member Young. lfyou KNuire any funher information,please let me knout Respectfully submitled: J fifer Walt s ty Secretary J .. ti 4 rr c I Wean Brown 1600 Angelina Bend Denton, TX 76205— (940)382-1277 November 2, 1999 I Ms. Eva Poole Director of Libraries Denton Public Libraries 502 Oakland Street Denton, Texas 76201 Dear Eva: On Wednesday, October 20 I wan ver'Y me ill with a virus. As a matter off I was too ill to go to the doctor's office so I could hardly be present at the Library Board meeting. I have not made a habit of being absent fiom board meetings so 1 didn't think it would be a problem, Also–I called Davena to let her know about my situation. On October 30 I received a letter from Carroll Trail expressing his embarrassment over the fact that only three board mambers were present at the October 20 meeting. He suggested that each of us reexamine our commitment to the Library and take appropriate action. That was a very good suggestion and I have done so. My health, my family, and my responsibilities to Eastern Star are where my commitment lies. I made this clear when 1 joined the Library Board. Therefore –I am resigning from the Library Board as of November 3, 1999. Sincerely, ( LeJean Brown a c• A�ad1 No. gQ-05/ ApNtd�it t_ �_ CITY OF DENTON CITY COUNCIL MINUTES October 4, 1999 Joint Meeting of the City of Denton City Council and the Denton Independent School District Board of Trustees on Monday, October 4, 1999 at 12 noon in the DISD Central Services Building, 1307 N.Locust Street. PRESENT: Mayor Miller; Mayor Pro Tern Beasley, Council Memtvs Burroughs, Cochran, Durrance, and Kristoferson t ABSENT: Council Member Young 1. Mayor Miller called the Council to order and announced quorum. 2. The Council held a discussion of the Denton Comprehensive Plan and related School Chapter. The DISD Board and the Council discussed the merits of the school chapter of the Co..-.prehensive Plan, Areas of discussion included certificate of adequacy; wording of su;,stitute language too specific to the DISD and not other ISD's within the city limits of Denton; an appendix for ISD specific issues and keeping the plan general; early planning for new developments;and dealing with interlocal agreements, 3. The Council received an update on the Joint Substance Abuse Workgroup. Council Member Kristofetson and Board Trustee Windle reviewed the progress of the group and the grant it would be seeking. 4. With no further business,the meeting was adjourned at 1:45 p.m. JACK MILLER, MAYOR CITY OF DENTON,TEXAS JENNIFER WALTERS C[TY SECRETARY CITY OF DENTON,TEXAS r � I CITY OF DENTON CITY COUNCIL MINUTES October 5, 1999 Auer determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, October 5, 1999 at 5:15 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 1, The Council considered the following in Closed Meeting: A. Consultation with Attorney—Undrr TEX. GOV'T.Code Section 551.071. 1. Discussed with attorney an ordinance authorizing the City Manager to execute a compromise settlement agreement between the City of Denton and Wilton Rainey in final settlement of litigation styled Wilton Rainey v. City Of Denton and Randy A. Leavell, Case No. 99.20152.158 filed in the 158`h District Court of Denton County; authorizing the expenditure of funds therefor; and declaring an effective date. The Council convened into a regular meeting on Tuesday, October 5, 1999 at 6:00 p.m, in the Council Chambers at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young, ABSENT: None IJ Posting of Colors by Cub Scout Pack 61 —Webelo Den S 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S, and Teas flags. 2. The Council considered approval of the minutes of August 3, August 9, August 10, August 12, August I4, August 16,August 17, August 14,and August 31, 1999. Mayor Pro Tern BeaI,lcy and Council Member Burroughs requested a correction to the August 3'a and 17'h minutes. Durrance motioned, Burroughs seconded to approve as emended. On roll vote, Beast ..Rye" Burroughs "aye', Cochran "aye', Durance "aye', Kristoferson "aye", Young "aye', and Mayor Alillcr"aye". Motion carried unanimously. I PRFSENTATI ONS/PROCLAAI ATIONS 3. October Yard of the Month Awards c. City of Denton City Council Minutes October 5, 1999 Page 2 Mayor Miller presented the October Yard of the Month Awards to: Steve T. En finger Ruth and Oran Thomas Mr, and Mrs. Austin Baker Jodie and Stephanie Stringer United Copper - Business award 4. Proclamations Mayor Miller presented proclamations for: Fire Prevention Week Car Care Week NOISE EXEMPTION S. The Council considered a request for an exception to the noise ordinance for the Denton Main Street Association third annual Pops in the Park Concert to be held Sunday, October 17, 1999,in Civic Center Park from 3:00 p,m. to 6:30 p.m. Beasley motioned, Young seconded to approve the exception. On roll vote, Beasley "aye", ' Burroughs "aye", Cochran "aye", Durtance "aye", Krisloferson "Aye", Young "aye", and Mayor Miller"aye". Motion carried unanimously. CONSENT AGENDA Council Member Cochran asked that Items x413 and 414 be pulled fir public discussion. ' Cochran motioned, Burroughs secondal to approve the Consent Agenda and the accompanying ordinances excluding Items Itl3 and #14. On roll vote, Beasley "aye', Burroughs"aye', Cochran "aye", Durrance "aye",Kristoferson "aye", Young"aye', and Mayor Miller"aye". Motion tamed unanimously. 6. Approved a tax refund to Nom esi .Mortgage for James E, Anthony,Jr. in the amount of $604.90. The 1998 property taxes were paid twice. 7. Approved a tax refund to Irwin Mortgage for Stephanie C, Watson in the amount of 5600.00. The 1998 property taxes were overpaid. 8. Approved a tar, refund to Don Merki in the amount of S136.62. The 1998 property taxes were paid twice. a, 9. NO.99-354 I AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR PURCHASE OF REVERSE OSMOSIS WATER TREATMENT SYSTEM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND City of Dcnion City Council Minutes October S, 1999 Page 3 PROVIDING FOR AN EFFECTIVE. DATE. (BID #2369 — REVERSE OSMOSIS SYSTEM FOR ELECTRIC GENERATION PLANT — IONICS AHLFINGER WATER COMPANY- S 73,078) 10. N0. 99-333 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT FOR SERVICES RELATING TO IMPROVEMENTS TO SOUTH LAKES PARK AND JOE SKILES PARK WITH SCHRICKEL, ROLLINS & ASSOC1A'fES, INC.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PSA 02416—SCHRICKEL,ROLLINS & ASSOCIATES,INC.•$71,500) It. NO.99-356 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DIVERSIFIED UTILITY CONSULTANTS, INC. FOR CONSULTING SERVICES PERTAINING TO THE DEVELOPMENT OF A NEW ELECTRIC SERVICE RATE DESIGN FOR DENTON I MUNICIPAL ELECTRIC; AUTIIOR' .,NG THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PSA #2418 — DIVERSIFIED UTILITY CONSULTANTS,INC. •565,000) 12, NO. 99-357 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ACCEPTING AN OFFER + FOR THE SALE OF CERTAIN REAL ESTATE OWNED BY THE CITY OF DENTON AND PROVIDING FOR AN EFFECTIVE DATE. (FILE 2417 — SALE OF LAND 0.161 ACRES WELL SITE#3 — TRINITY PRESBYTERIAN CHURCH. $300) I$. AN ORDINANCE AND APPROVAL OF AN INTERLOCAL AGREEMENT tOR AMHULANCL SERVICE BETWEEN THE CITY OF DENTON AND THE FOLLOWING CITIES: A. 99.360- City of Argyle B. 99.361 • City of Corinth C. 99-362 •City of Ponder 16. NO.99-361 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND LEE ROY MITCHELL AND 1.C, MITCHELL, RELATING TO T HE PURCHASE OF 0.644 ACRES OF LAND FOR THU EXPANSION OF U.S. HIGHWAY 77 (PARCEL 12); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; ANY)PROVIDINO AN EFFECTIVE DATE, i 1 II City of Denton City Council Minutes October S, 1999 Page 4 17. NO. 99-364 AN ORDINANCE APPROVING A REAL ESTATE CONVEYANCE BETWEEN THE CITY OF DENTON AND STATE OF TEXAS, RELATING TO 0.127 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 26); AUTHORIZING THE EXECUTION OF THE DEED; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARINGS 18. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, adopting Standards of Care for youth programs administered by Denton's Parks and Recreation Department pursuant to Texas Human Resources Code Section 42.041 (b) (14); and providing an etTective date. Ed Hociney, Director of Parks and Recreation, stated that the after school programs were currently licensed as day care facilities by the State. Current legislation now allowed the facilities to be exempt from State licensing as long as certain standards of care were adopted and a public hearing was held. Standards were developed and were included in the agenda packet for consideration. Adoption of the standards would allow the fees currently paid to the State to be reinvested into the program. The proposed standards met or exceeded the State requirements. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: , NO. 99-363 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING STANDARDS OF CARE FOR YOUTH PROGRAMS ADMINISTERED BY DENTON'S PARKS AND RECREATION DEPARTMENT PURSUANT TO TEXAS HUMAN RESOURCES CODE SECTION 42041 (B) (14); AND PROVIDING AN EFFECTIVE DATE, Kristofcrson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller"ayc', Motion carried unanimously, i� 19. The Council held a public hearing and considered approval of a Detailed Plan for 1.1 acres within the Planned Development (PD-41) zone district, The property was located at the southeast corner of Loop 286 and East McKinney Street. A gas station and convenience store was proposed. The Planning and Zoning Commission recommended approval (7.0) with conditions. (7,-99-066, 7-Fleven) tf. t' `I City of Denton City Council Minutes October S, 1999 Page S Mark Donaldson, Assistant Planning Director, stated that the detailed plan was the final step in the planned development process. A concept plan had been in effect since 1982. Light industrial and general retail zoning was surrounding the property. Council Member Kristoferson asked about the number of tress that would be lost due to the proposal, The Mayor opened the public hearing, Richard King, representing 7.11, stated that a majority of trees on the property were in the State drainage casement and would have to be removed to meet City standards. Only three trees would be saved but 17 new trees would be planted. Council Member Kristoferson asked if the applicant would agree to lower signs rather than the 20' sign. King replied that they had two sign locations on the property. The square footage of those were 25' and would stand 20' tall. lie would consider a lower sign but it was also important to have markers for gas prices. The Mayor closed the public hearing, Young motioned to approve the request as recommended by the Planning and Zoning Commission. Motion died for lack of second. Kristofcrson motioned, Durrance seconded to approve the request with the conditions of a pitched front elevation, full brick, the front detailing would be eliminated, and monument signage with a 10' maximum height. Council Member Cochran stated that he was not comfortable with the motion, He questioned wiry so many of the trees had to be cut down. Hill stated that a concrete lined channel would be needed in the area to handle the drainage. It would be a significant period of time before TXDot would make those improvements and there needed to be some type of drainage improvement that would handle the interim. i Council Member Cochran asked what would be the consequences if the drai-age was not done. Rick Svehla, Deputy City Manager, stated that when Loop 288 was widened, most of the right- of-way would be used. Currently there was an open drainage system in the area but that would be changed to a closed drainage system, Also with other improvements such as a side valk or i more drainage from a parking lot, the drainage system had to not flood the street or interfere with the drivcway from Loop 288. Council Membcr Burroughs asked if the applicant was comfortable with the portion of the motion indicating that the building would be brick. t I I ' I City of Denton City Council Minutes October 5, 1999 *. Page 6 King stated that they would prefer the stone system he had presented. His main question was with the image system on the front of the building. He would be willing to eliminate the I. section on the canopy. The front image was a corporate logo for the company. He would favor using brick but leave the front facia with no t-section on the canopy. He would not prefer the pitched roof and would provide visual relief to the design. Slayer Miller felt that the Council was again asking a developer to hit a moving target, If Council did not want development in the City, then the developers should be told up front that they were not wanted, Council was trying to design this building as though it were in a neighborhood. Council Member Young stated that he would be against any type of motion other than the recommendation of the Planning and Zoning Commission. The proposal complied with all regulations and the Planning and Zoning Commission agreed. Mayor Pro Tem Beasley stated that this proposal was a detailed plan to show exactly what was going to be there. It was within the Council's ability to add/subtract from the plan. Council Member Kristoferson restated the motion as a brick building with visual relief at the top, the logo facia board would remain, one monument sign on the corner of Loop 288 and McKinney, one 20' sign allowed on McKinney, landscaping per the landscaping ordinance, the standard lighting requirement and optional t-section. On roll vote, Bcaslcy "aye',Burroughs"aye% Cochran "ayc", Durrance"aye", Kristoferson"aye", Young"nay', and Mayor Miller"aye'. Motion carried with a 6.1 vote. 20. The Council held a public hearing and considered approval of the Devclopmcnt Plan for approximately 1314 acres within the Planned Development (PD•20) zoning district. The property was located on the south side of Interstate 35 East, at its intersection with Wind River Lane, The planned development allowed light industrial, general retail, office, multifamily residential and single-family residential uses. The Planning and Zoning Commission recommended approval (5.0). (7,99.059, Unicoen Lake) ;Hark Donaldson, Assistant Planning Director, stated that the applicant had asked for approval of a dcvclopmcnt plan for 133.4 acres within PD-20. There was an approved concept plan that was approved in 1988. A development plan required two additional pieces oC information above the concept plan requirements, it specified the permitted us:s within each individual zoned district within the planned development and provided dimensions to the zoned districts within the planned development. The biggest factor in approving a development plan was that it then asdimcd the authority for approval of further detailed plans to the Planning and Zoning Commission, ]'he application was consistent with the concept plan that was approved a year I i�' A, , ago. Mayor Pro Tenn Beasley asked if the proposal could be approved but with the requirement that a detailed plan to conic to Council. City Attorney Prouty stated that that could not be done under the current ordinance. The Council would only see the proposal again if it were not developed within ten years. The approved City of Dcnion City Council Minutes October 5, 1999 Page 7 concept plan had established the density and uses and the boundaries of the proposal. With those exceptions, conditions such as the number of stories, the location of the buildings, etc, could be altered to offset any problems the Council might see with the proposal. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Brad Meyer,Carter and Burgess- favor Bob Shelton, developer- favor Ed Soph, 1620 Victoria Drive, Donlon, 76201 - opposition Kevin Hardy-- opposition Brian Hood— opposition Paul Hill— opposition Rebuttal by Bob Shelton The Mayor closed the public hearing. Council Mcmbcr Cochran stated that he was concerned about the lack of detail associated with the proposal. He would fool more comfortable with more details. I Cochran motioned, Bcaslcy seconded to deny the proposal, Council Member Kristoferson presented a list of conditions she would like to :ce with the dcvclopmenl, Council Member Burroughs stated that he was uncomfortable that decision making of either the Council or Planning and zoning Commission might be lost in the process. He needed to have a clear opinion about what kind of situation the Commission would have under the current ordinances. City Attorney Prouty stated that if the Council denied the proposal, there needed to be valid land use problems as presented, The denial should not be based on the fact that the Planning and Zoning Commission would have final authority. Denial should be based on good solid land use reasons such as traffic,density or other problems. Shelton staled that the development plan concept was a feature of zoning what was available to developers, lie had gone through this process last year and was approved. tic felt that Council was now trying to lake away the zoning. lie already had approval for apartments, general retail, and single family coning at that time. lie asked where it was that the process stopped and he could proceed with his development. It was frustrating to have to go through the total process r A every time he came to Council, A development plan was available in the zoning ordinance and if V it could not be used, [hen it needed to be removed from the process. Council Member Young felt that the problem some of the other council members had with the proposal was with the apartments. t City or Denton City Council Minutes October 5, 1999 +. Page 8 Council Member Kristoferson listed some land use reasons for denying the proposal reallocation to open space and design characteristics on the multi-family zoning. Mayor Miller stated that if there was a fault in the procedure then there was a need to change the procedure. Density was dealt with in zoning and he was not sure if it was correct to try and deal ` with it now. The developer had done what was required by current regulations. Council Membcr Cochran stated that the Council was asking the developer to use the sane process as other developers had used, On roll vote to deny the proposal, Beasley "aye', Burroughs "aye", Cochran "aye", Durrance "aye",Kristoferson"aye', Young"nay",and Mayor Miller"nay". Motion carried with a 5.2 vote. 21. The Council continued a public hearing and considered approval of a Concept Plan to rezone 168.57 acres as a Planned Development (PD) zoning district. The property was located bctw:en Nowlin Road, F.M. 2181 (Teasley Lane)and Robinson Road. Single-family residential and commercial development was proposed, The Planning and Zoning Commission recommended approval (6-0)with conditions. (Z-99.033, lf7 velerRldge) Mark Donaldson, Assistant Planning Director, stated that the public hearing was continued on September 21" to allow the applicant time to meet with the DISD regarding a potential school site within the proposed planned development. The Mayor opened the public hearing. The following individuals spoke during the public hearing; I Robert Prendergast- favor Dave Neal - neutral 1 he Mayor closed the public hearing. The following ordinance was considered: NO. 99-367 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A PLANNED DEVELOPMENT NO, 176 (PD-176) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 168,57 ACRES OF LAND LOCATED BETWEEN NOWLIN ROAD, F.M. 2181 (TEASLEY LANE) AND ROBINSON ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT r OF 52,000.00 FOR VIOLATIONS 1IiEREOF; AND PROVIDING FOR AN .,` < LFFECTIVE DATE, Burroughs motioned, Young seconded to adopt the ordinance with the conditions as noted by the Planning and Zoning Commission plus a cap on the number of residential units at 570. i I 1 c' City of Denton City Council Minutes October 5, 1999 Page 9 Council Member Cochran asked for a friendly amendment for the use of cementilious products only to replace the materials that they were designed to replicate. Burroughs and Young agreed to include that in the motion. Council Member Cochran asked for a friendly amendment to limit the number of units to 554 homes. Council Member Burroughs did not want that included in his motion. Cochran motioned, Krisloferson seconded to amend the motion to include a cap of 554 units in the development. On roll vote for the amendment,Beasley"aye',Burroughs"nay", Cochran eye', Durrance 'nay„, Kristuferson"aye",Young"nay",and Mayor Miller"nay". Motion failed with a 3-4 vote. Council Member Cochran offered a friendly amendment for a cap of 562 homes in the development. Burroughs and Young accepted that amendment to the motion. On roll vote, Beasley "aye", Burroughs "ayc', Cochran "aye', Durrance "nay", Krstoferson "nay", Young "aye', and Mayor Miller"aye". Motion carried with a 5.2 vote. 22, The Council continued a public hearing and considered approval of the rezoning of 0.241 acres commonly known as 415 and 417 Egan Street, from a two-family dwelling (2-F) zoning district to a multi-family dwelling-1 (MF•l) zoning district. The property was located at the southeast corner of Carroll Boulevard and Egan Street. The Planning and Zoning Commission recommended approval (6.1) of multifamily reslricted (MF-R) zoning classification with conditions. (7-99.011, 413.417 Egan Slrect) Mark Donaldson, Assistant planning Director, stated that the proposal was postponed from a prior meting. The application was for multifamily 1 zoning. The Planning and Zoning Commission recommended multi-family-restricted [hat would restrict the building to a two story height restriction and the standard lighting condition, MF-R would reduce the number of units available to 4 units. The Mayor opcncd the public hearing, No one spoke during the public hearing. The Mayor closed the public hearing, Krisloferson motioned, Cochran seconded to deny the propo.ml. On roll vote, Beasley "aye", Burroughs "ayc", Cochran "aye", Durrance "aye", Kristoterson "aye", Young "nay", and Mayor Miller"aye". Motion carried with a 6.1 vote. Council considered hem p13. i c. City of Denton City Council Minutes October 5, 1999 s Page 10 13, The Council considered adoption of an ordinance of the City of Denton, Texas providing i for two hour parking on the north side of.Mulberry Street from its intersection with Elm Street to its intersection with Locust Street from 8:00 a.m. —5:0a p.m. Monday through Friday, providing a savings clause; providing a severability clause; providing it penalty not to exceed two hundred dollars; and declaring an effective date. Rick Svchla, Deputy City Manager, stated that the request for the restricted parking was from the neighbors. The following ordinance was considered: NO.99-338 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR TWO HOUR PARKING ON THE NORTH SIDE OF MULBERRY STREET FROM ITS INTERSFCTION WITH ELM STREET TO ITS INTERSECTION WITH LOCUST STREET FROM 8:00 A.M. — 5:00 P.M. MONDAY THROUGH FRIDAY; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABIL1TY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance On roll vote, Beasley "aye', Burroughs "aye", Cochran "aye', Durrance "aye', Kristoferson "aye", Young "aye', and Mayor Miller"aye'. Motion carried unanimously. JJ 14, The Council considered adoption of en ordinance of the City of Denton, Texas changing 1 Walnut Street to a one-way street heading w:st between Elm and Locust Streets; providing for sixty degree angle parking on the north sid:of Walnut and parallel parking on the south side of Walnut between Elm and Locust Streets; providing for parking time on this portion of Walnut Street to be limited to two hours from 8:00 a.m. to 5:00 p.m. on Monday through Friday; providing a savings clause;providing a severability clause;providing a penalty not to exceed two hundred dollars; and declaring an effective date. The following ordinance was considered: NO. 99-359 AN ORDINANCE OF THE CITY OF DENTON, TEXAS CHANGING WALNUT STREET TO A ONE-WAY STREET HEADING WEST BETWEEN ELM AND LOCUST STREETS; PROVIDING FOR SIXTY DEGREE ANGLE PARKING ON THE NORTH SIDE OF WALNUT AND PARALLEL PARKING ON THE SOUTH r� SIDE OF WALNUT BETWEEN ELM AND LOCUST STREETS; PROVIDING FOR PARKING TIME ON THIS PORTION OF WALNUT STREET TO BE LIMITED TO TWO HOURS FROM 8:00 A•M• TO 5:00 P.M. ON MONDAY THROUGH FRIDAY; I PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; 1 PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. ' I t � City of Denton City Council Minutes Oclobcr 5, 1999 Page t i Young motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye', and Mayor Miller"aye Motion carried unanimously, ITEMS FOR INDIVIDUAL CONSIDERATION 23. The Council considered adoption of an ordinance authorizing the City Manager to execute a compromise settlement agreement between the City of Denton and Wilton Rainey in final settlement of litigation styled Wilton Rainey v. City ojbenton and Randy R. Leavell, Case No, 9940152.138 riled in the 158`h District Court of Denton County; authorizing the expenditure of funds therefor;and declaring an effective date, The following ordinance was considered: NO.99-368 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND WILTON RAINEY IN FINAL SETTLEMENT OF LITIGATION STYLED WLTON R41NF.Y V CITY OF DENTON AND RANDY A. LFAYELI., CASE NO. 9^- 20152-158 FILED IN THE 158Th DISTRICT COURT OF DENTON COUNTY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. Young motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye', Burroughs "aye', Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller"aye", Motioncarricdunanimously. 24. The Council considered approval of a resolution nominating a member to the Board of I Directors of the Denton Central Appraisal District; and declaring an effective date. Council Member Kristoferson nominated Rick Woolfolk, Mayor Pro Tcm Beasley nominated Bill Giese. Council Mcmbcr Young nominated Ernest McNeill. The following resolution was considered: NO. R99.054 A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFEC FIVE DATE. 1 Burroughs motioned, Young seconded to approve the resolution On roll vote, Beasley "aye", Burroughs "aye', Cochran "aye", Durrance "aye", Kristoferson "aye', Young "aye", and Mayor Miller"eye", Motion carried unanimously. r 1 II E. i` City of Denton City Council Minutes October S, 1999 Page 12 i 25. The Council considered adoption of an ordinance of the City of Denton,Texas,providing for the renaming of Southern Hill Boulevard to Brinker Road; and providing for an effective date, Council Member Durrance left the meeting. Rick Svehla, Deputy City Manager, stated that currently these two streets connected and had dual names. There were no addresses on Southern Hill Boulevard so that it would be easier to change the name rather than Brinker Road. The following ordinance was considered: NO.99-369 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE RENAMING OF SOUTHERN HILL BOULEVARD TO BRINKER ROAD; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned. Burroughs seconded to adopt the ordinance, On roll vote, Beasley "ayc", Burroughs "aye'. Cochran "aye", Kristoferson "nay", Young "aye', and Mayor Miller "aye". Motion carried with a S-1 vote. 26. The Council considered adoption of an ordinance of the City or Denton,Texas, providing for the renaming of Thicket Trail to Montecilo Drive; and providing for an effective date. 1 Council Member Durrance returned to the meeting. The following ordinance was considered; NO. 99-370 h AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE RENAMING OF THICKET TRAIL TO MONTECITO DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE CITY OF DENTON, TEXAS. PROVIDING FOR THE RENAMING OF THICKET TRAIL TO MONTECITO DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miflcr"ayc", Motion carried unanimously. ��, t 27, 7 he Council considered adoption of an ordinance of the City of Dcnton, Texas amending the schedule or fees contained In Ordinance 98.268 by adopting a new schedule of fees as authorized by Chapter 34 and Chapter 35 of the Code of Ordinances for the City of Denton, Texas, for filing applications for review, approval, grant or Issuance of plats, plans, licenses, certificates, variances or designations required by the subdivision rules and regulations and toning regulations of the Code of Ordinances; providing for repeal of all ordinances in conflict i I t; c I City of Denton City Council Minutes October 5, 1999 Page 13 herewith; providing a severability clause; providing a savings clause; providing for publication; and providing an effective date. Dave Hill, Assistant City Manager for Development,stated that this was a minor amendment to the development fee schedule dealing with the cost of publishing notices in a newspaper 0 be paid by the developer. The following ordinance was considered; NO.99-371 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF FEES CONTAINED IN ORDINANCE 98.265 BY ADOPTING A NEW SCHEDULE OF FEES AS AUTHORIZED BY CHAPTER 34 AND CHAPTER 35 OF THE CODE OF ORDINANCES FOR THE CITY OF DENTON, TEXAS, FOR FILING APPLICATIONS FOR REVIEW, APPROVAL, GRANT OR ISSUANCE OF PLATS, PLANS, LICENSES, CERTIFICATES, VARIANCES OR DESIGNATIONS REQUIRED BY THE SUBDIVISION RULES AND REGULATIONS AND ZONING REGULATIONS OF THE CODE OF ORDINANCES; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "eye'. Dutranre "aye", Kristofetson "aye", Young 'nay , end Mayor Miller"ayc'. Motion carried with a 6-1 vole. 28. The Council considered adoption of an ordinance authorizing the City Manager to ' execute the second amendment to the airport lease agreement between the City of Denton and Nebdg & Associates, Incorporated relating to leasing premises at the Denton Municipal Airport for construction of hangars, a fuel farm and related aviation facilities thereon; and providing for an effective date. Mark Nelson, Airport Manager, stated that Nebrig & Associates was requesting additional acreage at the Airport for an office and multi-hanger facility. The agreement included a discounted lease rate of 5 cents for five years, 10 cents for 9 years and remainder at 15 cents per square foot. The current rate for the property was 15 cents per square foot. Option three was recommended that would amend the lease as proposed. The following ordinance was considered, NO. 99-372 r, AN ORDINANCE AUTHORIZING THE COY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND NEBRIG & ASSOCIATES, INCORPORATED RELATINO TO LEASING PREMISES AT THE DENTON MUNICIPAL AIRPORT FOR CONSTRUCTION OF HANGARS.A FUEL FARM AND RELATED AVIATION FACILITIES THEREON; AND PROVIDING FOR AN EFFECTIVE DATE. u c• City of Denton City Council Minutes October 5, 1999 Page 14 Durrance motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Duirance "aye", Kristoferson "aye", Young "aye", and Mayor Slilicr"aye". Motion canied with a 6-1 vote, 29. Miscellaneous mailers from the City Manager. City Manager Jez did not have any items for Council 30. New Business The following items were suggested by Council Members for future agendas: A. Council Member Cochran requested an update on the status of the United Copper tax abatement. B. Council Member Cochran requested a discussion on proposed growth caps in the community. C. Mayor Pro Tern Beasley asked for a reconsideration of the Mingo Road light industrial zoning case 31• There was no continuation of Closed Meeting under Sections 551.071.551.086 of tiro Texas Open Meetings Act. 32. Ther: was no officia: action on Closed Meeting under Sections 551,071.551.086 of the Texas Open Meetings Act. With no further business, the mcc6:g was adjourned at 1 1:00 p.m. , JACK MILLER,MAYOR { CITY OF DLNTON,TEXAS JCNNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS "A, t, 3 t CITY OF DENTON CITY COUNCIL MIINUTES October 12, 1999 "t After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday,October 12, 1999 at 5:15 p.m. in the Council Work Session Room at City Nall. PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durance,Kristoferson and Young. ABSENT: None 1. The Council considered the following in Closed Meeting: A. Deliberations regarding certain public power utilities competitive matters — Under TEX. GOVT.CODE Section 551.086.** (**Before the City Council could deliberate, vote, or take final action on this agenda item as a competitive matter in a Clov d Meeting under the provisions of TEX. GOV'T. CODE Section 551,086 (c), the Council made a good faith determination, by majority vote of its members, that the agenda item was a competitive matter that satisfied the requirements of Section 551.086 (b)(3). The vote was taken during the Closed Meeting and was included in the certified agenda of tb,! Closed Meeting, If the Council failed to determine by a majority vote that the agenda item satisfied the requirements of Section 551.086(bx3), the Council did not deliberate or take any further action on the agenda item in the Closed Meeting.] 1. Considered, disc-,--1 and deliberated proposals for Denton Municipal Electric to actle-e thirty (30) megawatts of electric peaking capacity and energy from an outside source for calendar year 2000, as well as the relevant transmission constraints and contingencies, and the risks associated with such acquisition. The Council convened into a Work Session on Tuesday, October 12, 1999 at Gab p.m. in the Council Work Session Room in City Hall, I. The Council received a report, held a discussion, and gave staff direction on City's health insurance contract for the year 2000. Max Blackburn, Risk Manager, stated that the recommendation was for a one year contract with Aetna who was the lowest and best proposal for a fully insured HMO and Point Of Service plan. Mayor Pro Tern Beasley asked about the disruption of doctors who were not currently signed on with Aetna. r Blackburn slated that Aetna would try and sign up as many of those doctors as possible. Consensus of the Council was to proceed with the proposal a / City of Denton City Council Minutes October 12, 1999 Page 2 2. The Council received a report, held a discussion, and gave staff direction regarding the revised draft Comprehensive Plan. Dave Hill, Assistant City Manager for Development,stated that City Council revision comments had been inserted into the draft Comprehensive Plan,which had been reprinted with annotations. The draft Plan had also been improved through the copy-editing services of Dr. lames Rogers. Two items remained outstanding — floodplains and schools. Star recommendations were included in the agenda materials regarding these outstanding items. He indicated that the population forecast map had been revised as well as the land use plan, Council reviewed the proposed changes and made recommendations for further refining of the document. Council Member Young left the meeting. 3. The Council received a report, held a discussion, and gave staff direction regarding residential conversions in nonresidential land use zonct. Dave Hill, Assistant City Manager for Development,stated that this was a request from Council Member Cochran regarding a specific property situation at 1508 N. Elm Street. Due to the nature of the north Elm-Locust corridor as a mixed use of residential and nonresidential land uses, staff felt that the request to rezone from office to residential would be suitable. A question to resolve was under what circumstances would a conversion be permitted without the property owner having to go through a long lengthy and possibly costly process. It was felt that the Elm/Locust corridor was different than any other corridors within the City. Council discussed possible procedures to allow for changes in the status of these types of situations. A suggestion was for a temporary planned development district that would allow for both office and residential use. Conditions would be imposed based on the uses. Tl�e city could initiate the Chang, in zoning that would relieve the property owners of the cost for the change. Consensus of the Council was that the change should be handled on a case by case basis. 4. The Council received a report, held a discussion, and gave staff direction regarding land use regulations as they applied to public,private,and parochial schools. Dave [sill, Assistant City Manager far Development, stated that the issue seemed to be whether to require denominational schools to obtain a specific use permit for new facilities on residentially zoned land orcontinue to be treated as public schools. Consensus of Council was to request additional legal research into the issue, it A 51 This item was pulled from consideration. t 11 G. The Council received a report, held a discussion, and gave staff direction regarding a proposed voluntary annexation of approximately 24 acres located at the southwest comer of Silver Dome and Cooper Creek in the extraterritorial jurisdiction of the City of Denton, Texas. e City of Denton City Council Minutes October 12, 1999 rs j Page 3 The zoning at the time of annexation would be Agricultural (A). (A-96, Si1lTr Dome at Cooper Creek) Dave Hill, Assistant City Manager for Development, stated that the applicant had requested the property be annexed. The property was currently undevelopri and the stated purpose of the annexation was to incorporate a single family development. Consensus of the Council was to proceed with the proposed schedule of annexation. 7. The Council was to have held a discussion regarding the terms of office for the members of the Public Ulilitics Board. This item was not considered. S. The Council received an update on the City of Denton's emergency warning system, especially the City's outdoor warning siren system. Ross Chadwick, Fire Chief, presented an update on the status of the early warning system as noted in the agenda materials. Consensus of the Council was to proceed as proposed. 9. The Council received a report, held a discussion, and gave staff direction regarding ivil,lic right-of-way franchise Pecs for providers of utility service. Sharon mays, Director of Denton Municipal Electric, stated that this proposal would be for a standard ordinance replacing the franchise ordinance. It was recommended by the legal advisors to have uniform processes that applied to all electric providers within the City. This would be a two step process with the second step being a short franchise agreement with the individual providers. Both T\U and CoSery were in agreement with the concept of an ordinance. She reviewed the provisions of the ordinance as noted in the agenda materials. While 'rXU was in agreement with the concept of the ordinance, it had some philosophical ditTcrences with some of the provisions in the ordinance. These objections were included with the agenda materials. Option two was recommended by staff for approval by the Council Consensus of the Council was to proceed with Option Two. Following the completion of the Work Session the Council convened into a Special Called Session. I The Council considered adoption of an ordinance establishing uniform regulations to r� govern the use and occupancy of pubCe rights-of=way by providers of electric utility :Mice in (/ \ t the City of Denton; providing definitions; requiring such users to obtain a franchise from the City prior to such use; prescribing the compensation to be paid to the City by provio ts; prescribing the conditions under which such users may use and occupy the public rights-of-way; requiring undergrounding of conduits; requiring joint use of poles and conduits; requiring the maintenance of maps and data regarding facilities in public rights-of-way; providing for jl enforcement of the regulations and franchises granted thercuider; providing for penalties and +� 1 t' I ' 1 City of Denton City Council Minutes October 12, 1999 Page 4 other legal remedies in the event of provider's violation of the provisions of this ordinance or of the franchise; providing for governmental immunity of the City and its employees; providing for insurance; providing a severability provision; providing an effective date; and ordaining other provisions related to the subject P ]ect matter hereof. Beasley motioned, Burroughs seconded to adopt the ordinance with option two and the requirement that future developments would place the utilities underground. Steve Taylor, TXU,spoke on the issue. The following ordinance was considered: N0.49-373 AN ORDINANCE ESTABLISHING UNIFORM REGULATIONS TO GOVERN THE USE AND OCCUPANCY OF PUBLIC RIGHTS-OF-WAY BY PROVIDERS OF ELECTRIC UTILITY SERVICE IN THE CITY OF DENTON; PROVIDING DEFINITIONS; REQUIRING SUCH USERS TO OBTAIN A FRANCHISE FROM THE CITY PRIOR TO SUCH USE; PRESCRIBING THE COMPENSATION TO BE PAID TO THE CITY BY PROVIDERS; PRESCRIBING THE CONDITIONS UNDER WHICH SUCH USERS MAY USE AND OCCUPY THE PUBLIC RIGHTS-OF-WAY; REQUIRING UNDERGROUNDING OF CONDUITS; REQUIRING JOINT USE OF POLES AND CONDUITS; REQUIRING THE MAINTENANCE OF MAPS AND DATA REGARDING FACILITIES IN PUBLIC RIGHTS-OF-WAY; PROVIDING FOR ENFORCEMENT OF THE REGULATIONS AND FRANCHISES GRANTED THEREUNDER; PROVIDING FOR PENALTIES AND OTHER LEGAL REMEDIES IN THE EVENT OF PROVIDER'S VIOLATION OF THE PROVISIONS OF THIS , ORDINANCE OR OF THE FRANCHISE; PROVIDING FOR GOVERNMENTAL IMMUNITY OF THE CITY AND ITS EMPLOYEES; PROVIDING FOR INSURANCE; PROVIDING A SEVERABILITY PROVISION; PROVIDING AN EFFECTIVE DATE; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF, On roll vote, Beasley"aye', Burroughs"aye",Cochran"aye', Durrance"aye',Kristoferson"aye', and Mayor Miller"aye", Motion tamed+manimously. 2. The Council considered adopting an ordinance disannexing and releasing from the city's extraterritorial jurisdiction approximately 2.1 acres located west of State School Road, north of its intersection with Robinson Road in the Oakmont Il subdivision; and providing an effective date, The Planning and Zoning Commission recommended approval(7.0). (first reading, A-92) Dave Bill, Assistant City Manager for Development, stated that items 2 and 4 were related and 3 and S wire related, Each was the first reading of the ordinance. j The Council considered the following ordinance; F � City of Denton City Council Minutes October 12, 1999 t Page S (First Reading) AN ORDINANCE DISANNEXING AND RELEASING FROM THE CITY'S EXTRATERRITORIAL JURISDICTION APPROXIMATELY 2,1 ACRES LOCATED WEST OF STATE SCHOOL ROAD, NORTH OF ITS INTERSECTION WITH ROBINSON ROAD IN THE OAKMONT H SUBDIVISION; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Miller "aye'. Motion carried unanimously. 3. The Council considered adopting an ordinance disannexing and releasing from the city's extraterritorial jurisdiction approximately 16.3 acres located south of Robinson Road in the Oakmont IV subdivision; and providing an effective date. 'Ihe Planning and Zoning Commission recommended approval (7.0). (First reading,A-93) The following ordinance was considered: (First Reading) AN ORDINANCE DISANNEXING AND RELEASING FROM THE CITY'S EXTRATERRITORIAL JURISDICTION APPROXIMATELY 16.3 ACRES LOCATED SOUTH OF ROBINSON ROAD IN THE OAKMONT IV SUBDIVISION; AND PROVIDING AN EFFECTIVE DATE. I Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Miller "aye". i Motion carried unanimously, 4. The Council considered adopting an ordinance annexing approximately 13 acre;+located west of State School Road north of its intersection with Robinson Road in the Oaioriont it subdivision; establishing One-Family Dwelling (SF-7) zoning district classification unJ ose designation; and providing an effective date. The Planning and Zoning Coon Fission recommended approval (7.0), (First reading, A-94) The following ordinance was considered: (First Reading) AN ORDINANCE ANNEXING APPROXIMATELY 1.5 ACRES LOCATED WEST OF STATE SCHOOL ROAD NORTH OF ITS INTERSECTION WITH ROBINSON , \ r ROAD IN THE OAKMONT II SUBDIVISION; ESTABLISHING ONE-FAMILY DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; AND PROVIDING AN EFFECTIVE DATE. 1` tr " u City of Denton City Council Minutes October 12, 1999 a Page 6 Cochran motioned, Burroughs seconded to adopt the ordinance. On roll vote, Bcasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye', Kristoferson "aye', and Mayor Miller "aye". Motion tamed unanimously. 5. The Council considered adopting an ordinance annexing approximately 17.2 acres located south of Robinson Road in the Oakmont IV subdivision; establishing planned development (PD-111) zoning district classification and use designation by approving a Concept Plan; and providing an effective date. The Planning and Zoning Commission recommended approval(7-0). (First reading, A-95) The following ordinance was considered: (First Reading) AN ORDINANCE ANNEXING APPROXIMATELY 17.2 ACRES LOCATED SOUTH OF ROBINSON ROAD IN TIRE OAKMONT 1V SUBDIVISION; ESTABLISHING PLANNED DEVELOPMENT(PD-111)ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION BY APPROVING A CONCEPT PLAN;AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "eye", Burroughs "aye", Cochran "aye', Durrance "aye', Kristoferson "aye", and Mayor Miller "aye". Motion carried unanimously. With no further business,the meeting was adjoumcd at 10;15 p.m. JACK MILLER,MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON,TEXAS i i , j i i i to 1 F- CITY OF DENTON CITY COUNCIL MINUTES OCTOBER 13, 1499 The Council held s joint public hearing with the Planning and Zoning Commission regarding the CIP proposal. A copy of the Planning and Zoning Commission minutes regarding that item are at+sched. Council Members present Included Mayor Miller, Mayor Pro Tem Beasley and Council Members Burroughs, Cochran, Durrance and Kristofcrson. i 3 s i �1�� . Condenseltrw Page 3 1 PROCEEDINGS t Also.I hope you have tonne other materiels. I'll go 2 MAYOR MIL t Ell: welcome to the joint City 2 through Om briefly. 3 Council/Planning end Zoning Commission public hearing on ) You have the recommendations of the three 4 the Capital Improvement Plan. It seems life tonight is 4 project teams;parks and recreation,beautification and S Wednesday night instead of Tuesday night and I'm not 5 art projects. You have transportation projects and then 6 sure what we're doing up here,but we're delighted to 6 you have facilities projects. In addition,you have a 7 have so many here, I would like to start oil by just 7 chart that shows all crust proposals together and it 8 thanking the Task Fora,the citizens'committee that It has a gran column and that green column lists the 9 has worked so diligently. We're anxious to receive your 9 amounts that would be leveraged if these proposals are 10 report Also,welcome those who wish to speak during ID accepted and if the bond law is passed by the public. I1 the public hewing. 11 Also,you have on your desk a ten-year history of the 12 1'It turn it over to 1'un in just a moment. 12 property tax rate of the City of Denton and you litre■ 1) but just from a procedural standpoint from the Council's 1) comparison of'98 and '99 overall property tax rates. 14 -•what we're going to be doing tonight. As I 14 Just some general tax Information there. So th"will 15 understand it,we will receive a report rrom the IS be useful to you u we go through our presentation. 16 Committee. Then we'll have the public hearing. And at 16 Mayor Pro-tern Ronnie Beasley told me that 17 the conclusion or the public hearing the City Council 17 she would not be able to attend tonight but we are 18 will be excused and then the Planning and Zoning 16 asking her to watch the Tape before the Council meeting 19 Commission will then deliberate and consider making a 19 next Tuesday night so she'll have the be<tef t of our 20 recommendation to the City Council. And we will hear 20 presentations. I'll just briefly say how we're going to 21 this again at our next mocting a wrack from last night. 21 go through this. We will make the presentation. We 22 MR.ENGFLSRECHT Thank you,Mayor Miller. 22 would ask that you not ask questions unless you actually 23 At this time I'd like to call to order the joint meeting 23 don't understand what we're saying until after the 24 of the Planning and Zoning Cormmission for the City of 24 presentations arc complete,and tlen we will respond to 2S Denton,Texas for this,the Wednesday,October t 3th, 2S any questions that you have. And then additional Page 2 Page 4 h 1999. The first item, as the Mayor mentioned,is to 1 explanations from%be Blue Ribbon Comtmince Ten,as 2 hold a public hearing end consider'mtaking a 2 Mayor Miller indicated,afar you hold a public hearing. 3 recommendation to the City Council concerning the 2000 3 Then The Joint pan of that*till be over. 4 Capital Improvemehut Program as recommended by the Blue 4 But before we start rev presentations,I'd S Ribbon CIP Committer. I woul4 at this Brie like to open S like o introduce our to-chair,Tim Charm and other 6 the public hearing and Introduce one of the co-chain 6 ambers or die Conaninee. will n-ryonc here who was a 7 who will provide the staff presentation or,in this 7 ormba of The Ms Ribbon cur coawtina please stand? 8 caw, the Committer presentation and that would be 8 And I Think deir presence ben Is an Indicatikm of the 9 Fuline Brock. And if you would please,good evening. 9 kind of pertic,ratkn we've had from the beginning, 10 MS.BROCK: Mayor and Coutc l nembers,Mr, ID It's realty bsa wondaful. This Comtmsittce has worked I I Chairman and Commissiwers,we're pleased to be here and I I say,very bard They bave seriously looked at every 12 excited that we're ready to give our report and our 12 s pgnual project and d ry'vt worked long and hard over 13 recommendation to you. We're very much swore that once I) mx1Try up a prkority list And dey wort;ust shocked t 4 any approval coma from Council,our job begins anew 14 at how goat The wads were and wished that we bed it lot 15 because we'll have the job of selling whatever bond 15 orient money, b fact we came up with a list of reeds, 16 proposal comes out to the public. But tonight we want 16 not wants but needs that smounied to over 8200 trullion. 17 to present our conclusions up to this point,and I'd l2 So we were wishing for a kx mote Money. I I like to review the materiels that you have on —as you I I You bad In your backup a review of the 19 came in tonight,l know you got some backup,but you 19 appointments process and bow she Commuter waked. And 20 have a different map. Thee was an error on the trap 20 also,on August 31 n I came before the City Count it and f�s, t 21 that you got in your not6ocia,at the back of your 2l gave an Inewlen report of wbee we were in out process. 22 notebook. So the loose map that you have here Is the 22 But I will Tay for the benefit of&public,or others 23 correct one. 'here was it little error in the listing of 23 wbo may W know diet the CuhncO appointed this 24 the projects down at the right-hand caw,so that's 24 Commimx In May. The Councr7,as a whole,appointed me 25 the only difference in the map that you've already seen. 25 as Chair and den o Kb CancrT amber h4vidueDY PLANNING AND ZONING OCTOBER 13, 1999 Page I • Page 4 i t � Condeoaeliln` Page S Page 7 1 appointed seven member. So we had a tow of So 1 and recreation and beautification and arts project ham, 2 members of the Committee And then we broke Into 2 that presentation will be made by Jack Swanson, And Tom 3 groups. First,a random sorting out to investigate what 3 Hwpool was the evchair of that group. 4 people In the community thought the creeds were, And 1 4 Transportation will be the third one. That 5 know that you were asked to fill out forms or you were 5 was chaired by Tun Crouch and the co-chair of that group 6 interviewed and omtainly a great many other Denton 6 was Ray Norano. And then we have urged any of the 7 citizens and groups were Interviewed and you have a list 7 Committee member who have something additional to say e of those entities that were interviewed at that stage, a to come forth in the public bearing part of it and add 9 And then altorther the responses were taken together 9 anything that they want to. So rust,unless you have 10 and each m.mber of the Committee was to interview ten 10 some questions about the process right now,I'll 11 citizens,so we took those responses Into consideration. I I introduce Dorothy Damico who will give the report from 12 And thui we began to group the responses. And at that 12 the facilities project team. 13 point,once we h-id the responses grouped,each Committee 13 Mx.CnGetBusCHT: Any questions? Okay. 14 member was giv m a choice of which of the three project 14 Thank you. 15 teams they wanted tc work on. Fortunately,they fell 15 MS.DAMICG: This is really an intriguing 16 out rather,quite evenly so we were able to give 16 time for Denton because we're sort of putting on our 17 everybody their rust choice and that was really good. I7 face for the future and you kind of wish you could be 19 So then we went to work on that. 19 out then looking back and see if we're going to do it 19 f do want to point out that each of We 19 right. My name is Dorothy launico and I mchalred the 20 project teams actually looked at everything that they 20 Facilities Committee, Pat MLm as Euline said, 21 were considering. They went on tours. This was 21 co-chaired with me. I hope Pat enjoyed working with me 22 something we agreed to do from the very beginning,that 22 as much as I enjoyed working with her because it really 23 we would not rceommend or reject anything that we had 23 was a good experirnce for both of us. our Committee had 24 not personally looked at. And that was a very revealing 24 14 members on it. They selected facilities as thew 25 experience, The parks and me group even went on a tour 25 interest. And even though it was self-selection we did Page 6 Page 8 1 or the mid-cities area to lock at facilities in other I have people on the Committee from all four of the City 2 communities. But we certainly looked at all of oli own' 2 voting disuricb, So we were well Covered. 3 facilities that needed improvement. The Transportation 3 We received a list of projects that added up 4 C'onunittee, I went on the tour with them and it was long 4 to over S50 million in ours and then we were fm to add 5 and kind of discouragi%because the roods were so great 5 any others that we thought were important from some of 6 out there and they really s'udied everything very hard. 6 the aurggestions that we have rrnxived from various 7 So none of these conclus'.ons were reached 7 individuals. We had ali individually done surveys. We I capriciously. They were reached after a great deal of s had the results of those surveys to know what was 9 study and even agonizing. 9 important to the public as a whole We.had individuals 10 Well,the list that you're going to look at to who contacted various ortes of us. So we had a pretty I I came from,as i said the intmiew%surveys,other 11 good feeling for wfiu it was that,eople were interested 12 types of surveys,and so forth. So I hope that you 12 and not interested in and it ado+d up to a Lot mom than 13 realize this is a Song and complex process. Also, 1 13 we had the dollars to spend, 14 want to emphasize,and Cm sure that the chain of the 14 In out work to make certain that we knew 13 project teams will emphasize this too,that it was a I5 everything that we could possibly know,we got from 16 very open process,that everybody was considered. All 16 staff a lot more data thert we could digest probably,but 17 or the proposals were considered seriously and,also, 17 it was a lot of information. We visited the possible IS each member of each project tam bad a completely equal 16 sites for two new library airs. We traveled to The r 19 opportunity to participate in the praocsa. Thee's not 19 Colony when we visited a sift when they we renovating A 20 a thing on your list that you're receiving tonight that 20 a Food Linn to be a library In The Colony,a Food Um !' 21 didn't come from public response. 21 Supermarket. We spent some time in jut,but they let } 22 We will have presentations by the Me 22 us out again right quickly. 23 co-chairs. Fist,will be facilities and that was 23 Ma.ENGmaacHT: that was part or the trip 24 chaired by Dorothy Damloo who will snake the presentation 24 1 bope. 25 and her co-chair was Pit Muro. And then on the parks 2S Ms.DAMtr o. Yes. We toured the Civic MANNINO AND ZONING OCTOBER 1301999 Page 5 • Page 8 Q• t f CAndenseltM Page 9 Page 1 I I Center,the Fmily Fowler Library. We heard I puts of those activities that occur in the Emily Fowler 2 presentations from the police chief and the rut chkf 2 building that were possibk could be moved out to that A 3 and the Parks and Pee director and the library's 3 area So that would relieve congestion at the Emily 4 director and a number of other. 4 Fowler Library,at the same time giving us a library in s The facilities of this commtmity are the s the north part of town. 6 visible,tangible part of the character of who we are 6 We did Iook at the Food Llon building out 7 and of the quality of life that we enjoy hat. And so 7 there but there are other sites in that area that would I we know that it's a very Important part of wbat this t be possible. The Food Lion was it choir,that came up 9 community is and does. We were very mindful of that. 9 simply because supermarkets arc constructed with a 10 We were also very mindful of the fact that any project 10 heavier construction in order to handle all the canned I1 that we recommended,we wanted to be ove that would l l goods and the freezers and everything more so than an 12 benefit the entire community so that the things that we 12 office building might have. 13 did were community-oriented. And we wanted to make 13 And so they make better facilities for 14 certain that they were absolutely necessary to retain 14 libraries which also need the heavy weight for all of 15 the character and the services and so forth of the 13 their shelving We would then have the north branch 16 community. We had more than we could handle on our 16 library free up congestion in the Emily Fowler Library. 17 list. Will this thing do something bere7 Okay. 17 And then take S1.2 million to do a renovation of the to We had our first mating in which we spent a 19 Emily Fowler Library. There was feeling,strong feeling 19 good, long while coming up with-•In going ova the 19 that the Emily Fowler Library building Is an artwork in j 20 things that were important to us. And 1 think you have 20 and of itself. It's one of the O'Neal/Ford buildings, f 21 a copy of this in your packet if you can't read the one 21 one of the three that make up this complex in the City (j 22 that's up there •this was the list of projects that the 22 Park- It's a legacy to us from a past time and that we 23 Facilities Committee thought were the Important ones. 23 can I,ass to the future if we keep it up. So we were 24 You'It see that the first one on our list was money for 24 realty:nterestcd in maintaining that particular 23 libraries. In our original request,in our critical 23 building Page 10 Page i2 I list it was for S7,100,000.00. Our request for• 1 In addition,that was community support for 2 libraries was that we would purchase a facility or 2 doing this Thom was a group of individual citizens 3 purchase land so that we could have a north branch 3 who took it upon themselves to send out llyws and 4 library. 4 receive back over 350 flyer requesting that the library 3 We visited the Emily Fowler Library,which S stay in the Emit) Fowler building and that that building 6 is intolerably overcrowded. I think we were all 6 have money spent on it and that we spend money on 1 surprised at how much the crowding was in the Emily 7 libraries. And I have a copy of the list that was given t Fowler Library. 7be children's story room is so small a to me by a member of that group. And when you Iook at 9 that they now do story time out in the anew when the 9 it there's an awful lot of people on them that I l0 books used to be and the books arc shelved In the 10 really,really have liked for a very long time, So I I hall. The building is not up to Code. And in several i i think it's a good list. The second item••the library 12 different area,there arm rooms when therm are mono 12 also 1 might mention was very,very high on the citirmn 13 people working in the rocs a then then are desks in the 13 survey,very high in the request theme. So it's 14 room,so they all can't sit down at the same time. 14 something that we malty felt was a very important thing is Then an an insufficient number of books,an 13 to start with 16 insufficient numbs of staff,and an insufficient amount 16 The second item on our list was an expansion I7 of floor space considering the needs of the community. 17 rot the Jail. The jail currently has 19 cells. That 18 And yet our tumover rate in tie books is higher than It arc titres,espaialiy a+r verkends when there arc 4o 19 could be excepted for average if we had the space,the 19 Individuals then,which man that people often slap on r r, 20 books,and the people. So the people who are working 20 the floor in various places. It definitely noels to be A r•. 21 then arc doing a tremendous job in the turnover. 21 expanded. The building that it's In has space set aside ' 22 We realized then that the Emily Fowler 22 for vxb an expansion. That was In the building plans 23 Library was overcrowded and so our thought was that we 23 when the building was renovated the last time amd so the 24 would purchase land In the north part of town,have a 24 jail expansion would simply go Into are that's shady 23 north branch library. But that all of the non-public 23 them and build the additionw ails that we very mucb PLANNING ANU ZONING OCTOBER 13, 1499 Page 9•Page 12 I I t f Condeoselt41 Page 13 Page 13 j 2 need. I have that Item for the Senior Center••for the sealom 2 At some point in the future there's going to 2 We dropped that one,also. t 3 be it need, I'm Sure,for a second area because the way 3 And then the last one on our list is the 4 the jail is constructed,there's the area that has the 4 police firearm facility. 'Rte police need••and the 3 central desk and the cell areas around It 'r ene are S fire department both need more training areas,more 6 throe cells that are set aside for women and juveniles 6 training facilities. they need a great deal more. But 7 but they're In the same area with the men. In cells 1 what they were requesting was a Iot mom than we could 6 where people stay for longer periods of time,it's g possibly have covered,and so we asked them what was 9 required that females and juveniles be kept in a 9 most critical and they believe that their most critical 10 separate"altogether and we may need to go to that, 10 need was to have a better,more realistic firearms I1 but not right now. We %Lto just having the expansion in I l training area where they could do things other than 12 the six, 12 shoot at a still target and they would be able to find 13 The third area in our list w'ar an upgrade in 13 themselves better prepared for the use or thci 14 the Civic Center. And if you'll notice,we passed over 14 firearms. And so that was our fifth item. 15 that one simply because to get into S22,6 million for Is When you actually look at the list for the 16 our original funded list,we had to eliminate things and 16 total,you will rind that facilities has wanted to 17 that one was eliminated from our original list. In the 17 disappear and that's because in setting up what our 18 Civic Center upgrade,which is on our current urgent, 15 propl�4rion would be,we moved the library into the same 19 critical list but not funded,would involve expanding 19 category with parks and recreation and those wo that we 20 the walking track that's up above,then expanding the 20 had one item,that the library wouldn't be a separate 21 area underneath that so that they could have larger 21 item in the proposal. And the other is that the jail 22 area for orPa a that could condense the staff ofriocs 22 expansion and the firearms facility could be considered 23 and be able to have space to put kitchens back into the 23 operational;therefore,they could be covered tinder 24 Civic Center again and some moeing/dining rooms so it 24 certificates or obligation which did not have to be 23 could be used for more or a variety of functions, It's 23 voted on. So they might not appear on the ballot but Page 14 Page 16 1 already used over 200 times during the yew,200 days I they still would appear in the total amount. So they 2. during the year,but there would be a grater variety of 2 seemed to have disappeared and you'll we them on the 3 times. It could be done without violating the integrity 3 list,but they wouldn't probably be on the ballot And 4 or the O'Neal/Ford structure. 4 1 don't•• if you have any questions for clarification, $ Our fourth recommendation had to do with the $ 1 can answer them. And then any discussion we were 6 Senior Center. There was Some-•there were requests to 6 going to wait until later. 7 expand the Senior Center. In our discussions,we 7 MR. E CELDILECHT: Any question? Mr. tl believe that expanding the current Senior Center in the a Williams. 9 Civic Center Park was probably net a good idea. And 9 Ma.WILLIAMS: Yes. My question is,as fr 10 since I worked for RSVP all those years,it sounds like 10 U jail,do you know the average daily population of the I t I'm saying something against the seniors and I'm rally 11 City jail? I2 not. But the Idea was parking Is such a problem already 12 MS,DAMICO. .+o,it varies, But it's a lot 13 for the Senior Center. There was going to be expansion 13 more on weekends. No,the municipal jail,people donl 14 of Senior Center facilities or facilities for seniors in 14 stay there for any length or time, usually they're 15 the parks presentation because awe's going to be an 13 them fu like 24 hours until they appear before a 15 annex to the American togion Hall that the seniors could 16 Justice of the Peace. But especially over weekends that 17 use in the Fred Moore Park,which would give seniors,in 17 it gees up. Other times it's not nearly that high But 1 g general,more room and we would hope that we would took is they didn't give tit the figures on a day-today basis, 19 at having senior facilities at one or our other sit"In 19 probably somebody could find it. So 1 can't clarify r, 20 town rather than try to expand that facility and the 20 that one. A, _ r, 21 parking that goes along with it In the park where the 21 MR.WILLIAMS: Okay. And also I was kind of / 1 22 spas is limited. So we eidn't do the expansion fox the 22 ceefuwd about howling juveniles with adults because, 2) seniors and tot some mtovation that they wanted. It 2) from my experience of working with juveniles,they don't 24 looks like that might be able to come out of operating 24 even go to A City jail,they go straight to the 23 expenses that they currently lave. And so we didn't 23 Detention Center. PLANNING AND ZONING OCTOBER I3, 1999 Page U • Page 16 I r f Condenselt"n i Page 17 Page 19 1 MS DAM M, If they have to go just to be 1 point t wanted to make,wbenever we were given the task 2 held over until they appear before someone who will send 2 of going and finding the needs of the City,"didn't 7 them where they're going to go,and tun they would go 3 look at the wants. Once we got started with the 4 to juvenile detention or wherever. That would be the 4 project,we realized there was no room for wants 5 same with everybody. 5 anywhere. It was strictly needs. And as we looked iota 6 Mx.jFZ: if I might,having some farmer 6 the project we realized the needs were very,very 7 connection with the police department.I think I can 7 critical, Our problem was we didn't want to leave any I address that question. We do not house juveniles in the 8 mom money for the other Committees. We could use every 9 same facility. The problem,part of the problem with 9 bit of iL And we told them that at to very beginning 10 the jail facility now is what was originally designed as 10 and so we weren't the most popular group tore but we I I temporary holding capacity for violent inmates is I I did come to some nice compromise with them We,as has 12 currently being used for our female prisoners because 12 been mentioned prior,our Committee bad almost 100 13 when the original police department was built,the Jail 13 percent attendance on all the meetings we had;also,on 14 factlity was cut to meet budget at that time. But 1 can 14 the tours that we made,not only locally but also to the 15 assw-e Sou,Commissioner,we do not bousejuveniles. 13 mid-citits area. We surveyed personally City Council 16 MIL MLLW4S: 1 didn't rink you did. 16 members. We also surveyed other citizens and we we Ned 17 Also,while you're here,Chief Jea,before you leave,is 17 with a May 1999 phone survey that was done. So a'. in the City governed by the Jail Standards Commission? 18 lout we probably had 1,500 different Individuals 19 MA iEz: we an currently not governed by 19 inputting into the project priorities that wr lookee at. 20 the Texas Jail Commission. [however,In the last throe 20 Based on that,was tried to take our own 21 legislatures,there have been attempts lr place 21 personal interests out of it and we tried to stay-btb 22 municipal jails under that regulatory authority. And 1 22 the recommendations on projects that were mate and given 23 can tell you that when we built the jail, in the 23 to the. Based on that,we asked the City to set u,s a 24 orig:-ial construction cf the police facility,our jail 24 tour. Local ly we went and looked at the parks,not only 25 does mat the Commission standards although we're not 23 community parks, We also looked at neighborhood pariu. Page 18 Page 20 i 1 required a. I We saw the difference between some of the projects that 2 M0.wwuA.MS. Thank you. 2 lead already been done on the neighborhood parks. We 3 MA LNOELMECHT An there Was quaticns7 3 looked at what community groups had contributed to those 4 Thank you. 4 parks. So we.were made aware of the different projects 5 MS eAOCx Thank you very mucK Ms,DandCo. 5 and how they were funded, Then we started looking at 6 And Jack Swanson will present the recommendations from 6 the things that had been funded in the past and had not ' 7 at parks and recreation and ans project tram 7 been completed,as other projects were moved ahead of 8 sea SWAdsorr: Thank you. Mac First I 8 them. And at a consensus with our group,we decided 9 warted to tun and introduce myself. I'm Jack Swansea. 9 that we heeded to get nor house in under fast we saw 10 1 had the pr viirge of co-chairing me parks and 10 the needs of parks and facilities that the City had that 1 I Recreation Commithm with W.Tom Harpool. And 1 wanwe, I I bad ooh been completed,that did not meet City Code at 12 to thank Tom and all the members of the Committee for 12 it currently exists for sny xx el.4e, And we decided we 13 the endless hours that they spent r seambing and doing I S encoded to address those projects first and then we could 14 doe work that the Committee did to came up win our 14 look at projects and needs that came after that. So u 15 recommendations. 1 also wanted to dank Ed Rodney and 15 you will look and we can go down the map,if you wish, 16 his staff and also the City staff. 1 mink that me 16 and we can 8o project by projea 17 eitiams of Dorton are very fonunue to have the 17 The rust one project that we recommended I8 quality of people we have working fa the City. They 11 fa our Committee is to upgrade existing perks that we 19 worked many non ban than we worked getting the 19 have in the City. The upgradea,and you're going to we �. 20 Information that we medal. The infornutiem wit very 20 those minced as number one,as the different parks,/ _ •�, r, 21 timely. We always fivund is to be accurate and,to 21 community parks are addressed. Wit Is not for ti 22 Dorothy's point,mucb more man we could pasibiy every 22 neighborhood parks. It's for community parlu ally, We 23 tasumae. But we do appracl■tc that 23 wart to, again,bring all the existing parks Including 24 Going into a little more detail of what our 24 parking lots and drives,pavement, laridscapLg 23 Committee did,and I mink the C.00mdna as a wb*a 25 screening,add curbs,do rig mW for the existing PLANWNO AND ZOMNO OCTOBER 13, 1999 Page 17 •Page 2C i t I COadenseltrA Page 21 Page 23 f I community parks. And that total came to$2 million. I four and we allocded S40,000.00 a year for the first 3 One thing we did,and I think the Committee did as a 2 fair years for beautification projects. And these w- j 3 whole,we did not look at any projects based on where 3 projects will be determined annually by the City based 4 they were load it in the City. We did not look at 4 on the model that we've been working with on past bond 5 districts. We did not look at areas. The question S Issues,which is an oversight committee that would look 6 never came up In our Committee at all of when is this 6 at these issues and bring them to the City Council for 7 project located. We looked at the needs of all the 7 approval as they we where these needs are. Types of a parks as a whole and the City as a whole, a projects,large scale litigation,landscaping, 9 Toe second issue we looked at was future 9 entryways, public art,fountains;if you will,curb 10 growth and what the needs arc go!ng to be for the City Io appal for tow Ciry of Denton. I l of 0.•aton. And the reason that we put land acquisition I I Jur fifth priority Is we have a very unique 12 as our second priority is because the cost and the 12 part of our City that ••and the people'herr use an l3 escalating cost of property in the Denton sea. And our 13 existing building.American legion Hall,which is very 14 growth sea to the south and southeast and east of the 14 unique and that's where the community meets. That's 15 City,property value Is going up almost daily. So we 15 when the elderly mat,the youth meet,families next. 16 wanted that as our second priority beause if the bond 16 They hold their community events there. The facility 17 issue,if and when it's passed,that property has to be 17 that .-,a c seemly have in plate is not adequate, it's IS acquired within the next couple of years to we can get 19 not large caough We looked al going and improving that 1q it at a price that fits within the bond Issue. And so 19 facility,and because of the structure of it being a 20 we have dedicated III I million for acquisition of land, 20 cinder block building,we cannot do that. So we are 21 Again,approximately 60 acres. We estimated the cost at 21 recommending that we build a structure adjoining to that, 22 S25,000.00 an acre and we put an extra 20 percent in 22 which will allow a doubling of that facility and allow for 23 that for escalating land prices. Again,targeted for 23 full use of that building. So that is the fifth project 24 the south,far south and far east Denton, 24 that we have Identified••or sixth,excuse me, And for 25 One of the items that consistently came up 25 that we've allocited S175,000,00, Page 22 Page 14 1 on our surveys, many citi rent in Denton want a way to I These an the projects that we have Identified 2 connect parks, They want walk arras. They want trails 2 for our critical funded projects. The total on that is 3 and linkage between different parts in the City where a 3 55,325,000.00. Okay, Excuse me One project l left off, + 4 person can ride a bike and they can walk and they can 4 number six,community park development; again,which is S move through the City without having to use an 5 not on your map. As these community park properties are 6 automobile. They've seen many communities when they've 6 purchased,we have set aside$550,000,00 to construct 7 lived or they've visited that have these types of trails 7 lighted soccer and baseball fields at those facilities. S and linkages. So very high nn the priority list,we S Coe of the great needs that the City of DYamon has is for 9 looked at different areas. To do that,you'll notice on 9 practice facilities and also facilities for our youth. to the map that we do not have anything designated because 10 Some of those have been addressed In past issues,Evers I I that's going to have to be a decision after the bond I I Park,Dena We've had some very,very nice facilities 12 issue,the monies are let,when them linkages are going 12 built but we an not able to keep up with the needs 13 to gn It's going to have a lot to do with the 13 currently. This is one way that we will at least try to 14 acquisition of property,u well. So we do not have 14 address the roads that we►r ve for youth facilities in the IS anything h ghlighted. We have set aside,and you're going 15 future. 16 to we the costs that we have eetimato+d for this,we've is Again,this is our list of strictly funded 17 set aside$640,000,00 In the bond isxte for trails and 17 projects. $5,325,00000 is the total on those pro!". IS linkages, I f Than critically but not funded In addition to that,we 19 Item number four that we havt designated, 19 had a trip that most of oar members wen able to take /! 10 again,is not marked on your map,it is for 20 and go to visit in the tnid•eities which was an aquatic A' ' 2 t beautification. One of tie high priorities of ow 21 center. We have a urlque opportunity,and at this � r. „iJ 21 citimns was that they want Denton to be a very 22 project if you'll notiut on the aquatic center we have 23 attractive,pleasant city to live in s,d to visit And 23 Leverage with this with the D mIon Independent School 24 they want beautifiatIon projects jour to spruce the 14 District of$31 million The property is in the 25 City up, if you will. So we put that project as number 25 nortlaast. It is at 288 a,d Sherman Drive, The PLANNING AND ZONING OCTOBER 13, 1999 PAIge 21 • Page 24 i 4;ondenaeltTx Page 25 Page 27 I property is turrtcntly owned by the Denton Independent I answer any questions you have at that time 2 School District. The City already has funds set aside 2 MA ENGELBAECHT. thank you. >' 5 to purchase a portion of that property for a park in 3 Ma.8Rocx, rim Crouch,chair of Ltie 4 that area,a community park There is a not a community 4 transporution team will present the third and IvA of 5 park currently in that segment or town or that pan or 5 our group project reports. 6 town. 6 MIL CROM11, Thank you,Euli ne. 7 The memben who took the tour found an 7 Transportation is not a glamorous issue. It's not 8 aquatic ants to be one of the focal areas of the 8 something that you can easily get excited about in the 9 cities they went to. They found It an seed that was 9 way that you can an aquatic center,a librery,some of 10 hlgh•use by families and they also found it to be a 10 those kinds of things that are very people-oriented and I I high-use by groups of different companies, 11 user-friendly. Transportation is a point of pain and it 12 organizations,youth groups,elderly groups for s,if 12 is one that we found to be quite evident when we got on 13 you will,an area that the entire City cask to. The 13 the bus and road around tower and felt the pain 14 leverage on it Is the Denton Independent School District 14 througlwul the City. We ldrntified In addressing 15 already has S1.5 million ad aside for an indoor aquatic 15 Usi nportation issues that there were five key areas 16 center,an Indoor facility, And what we're proposing In 16 that we needed to look at In these projects. 17 the parks and recreation bond issue would be an 17 On-system roads, those roads that are funded 18 adjoining outdoor facility,which would be°to be used 18 or have funding that Dray come with it from the State or 19 in conjunction with the Indoor facility with the City. 19 tl a Federal government. Orf-system roads,which are our 20 It was identified by a need by our Committee 20 City roads, Then sidewalks and bike trails,and the 21 because currently we have one public swimming pool in 21 airport,and finally,the issue of mass transit as it 22 the entire City or Denton. Our cost of running that 22 relates to Denton. So we broke that out Into five areas 23 facility,because it is so overused are astronomical. 23 and I had as my co-chair on this Ray Bejarsno. Ray w4 24 We turn children away from that facility because we just 24 the person who addressai, perhaps,the most difficult area 25 don't have the room ror it. A city this sine,that Is 25 and that was on-systan Ior us and he led us through that Page 26 Page 28 1 so under-built for public facilities for swimming that d discussion. Larry Colllst7 led us through the discussion 2 this has ban identified by our Committee as the number 2 or off-system roads. Rick Woolfolk led us through Cie 3 three itr-m as far as priorities. But after we looked at 3 airport. Jim Engelbraht led us through the sidewalks and 4 and met with the rest or the Blue Ribbon Committee and 4 transportation. And 1 Ied us through the discussion of 5 looked at the tceds of facilities and also for the 5 mass transit. 6 traffic,we realized that a facility at$4 million would 6 As we began to address projects we had many, 7 not fit weli in our first critical list. So we moved it 7 many requests for what needed to be considered. Out of 8 into the second portion. Again,the Committee was to 8 that long list of projects to be considered,some of 9 excited about it and the need,we felt,was a great 9 which were then folded into other projects,we l0 that we wanted it to be in the critical funded,but we 10 considered a total or 57 projects. And we ranked those I I decided it would be better to move it Into the critical I I projects on a scale or one to ten;ten being that this was 12 unfunded because of the amount of money Involved. 12 a critical project,and air being that it was lest 13 And,finally,a plan that has been In plea 13 critical or needed. Generally,as we sorted this out we 14 with the City for quite some time is a Civic Center 14 tame out with three categories. We bad critical needs, 13 upgrade and inprovemen4 Phan I and Phase 04 we 15 needs that were critical to the ability of people to get 16 looked at this and it's something that we think has to 16 around Denton today. Then we had urgent needs. And then 17 have•-to have a town center and to finish the project 17 we had projects that were needed Thai's warn we stand 18 that's been started hen at the Civic Cents that we I8 as a community in terse of our ability to get around town i 9 want to set aside 5850,000 00 towards those two 19 and how we tried to oddrets these projects. What you am r r 20 projects,u well. So then are the projects flat have 20 that Is funded a as has been referred to as critically � 21 been Identified by the Parks and Recreation Sub(cimmittae 21 unfunded of Is in that world portion of what we're 22 and that we submit to you u our proposals for funded and 22 requiting are those pmjecu that ranked as a nine or a 2) unfunded projects for the bond issue, And if you have 23 hen only. And that shows you just how urgent and critical 24 any questions,we'd like to address those alter all the 24 the needs are overall throughout the community In the wry 25 presentations are done. And we'll be happy to try to 25 of what we need to do with transportation. PLANNING AND ZONING OCTOBER 13, 1999 Page 25 • Page 29 , CoodeoBeIt"r Page 29 Page 31 1 1'd like to walk you through those projects I p,ablem roads and would address the traffic that Is 2 fairly quickly. You have a description of each of the 2 going through that area right now. S projects. And I don't want to spend a lot of time on 3 Project number five,and Id me just turn at 4 that because there are a number of projects that we are 4 this point to Jim Engelbrecht because Jim was our person S considering. But let me atart,first of all,with Brinker 5 who coordinated the sidewalks and bike trails. And, 6 Road Brinker Road is an extension that ronns from the 6 Jim,if you could just sort of speak to what we were 7 area around Loop 288,coma off of loop 288 around 7 doing there. You'll also we listed there some 8 Wal-Mart and connects to the access road of 1-35. This a m wetlaneous paving money that would go for some of the 9 would relieve some of the congestion in the area around 9 backlog that we have on repaving and reworking some of 10 the Golden Triangle Mall,get trade away from the mail 10 the stints around town. That's about$I million and I I that was not mall-related and allow people to find other I I then the other toss there Is S I S million for sidewalks 12 ways to get to the interstate. 12 and bike trails, Jim. 11 The traffic signal project--let met also go IJ MR."FURECtrr: I think it's the ether way I4 back for just a moment,if I could. The other key 14 around, is it not? $1.5 million for paving and SI IS factor that we looked at was how we could leverage our IS million for bikes. 16 dollars. We have an opportunity to turn our investment 16 MR cltoucH Okay. Excuse me. 17 into a significant return from other sources. Those 17 M0.ENCELBRECHT: Just a brief commtrlt,that 18 other sources being the County,being the State,being 18 is an increase from the Iast bond taste with regard-- 19 the Federal government,and being developers. And if we 19 or the recommendation with regard to sidewalks. We 20 did not have The kind of Investment coming from other 20 certainly still have extensive needs as demonstrated by 21 sources,that hurt a project In the course of our 21 numerous Trails,nos, if you will,along the side of 22 considerations because our needs were such that we 22 some of our major thoroughfares. As was recommended in 23 needed to be able to take the dollars that The people 23 the last bond election,we have recommended That specific 24 were going to invest and turn those dollars into 24 items be considered each year by an oversight committer, 25 significant projects that would Impact long-term 25 There we a number or reasons for that. One is, rust Page 30 Page 32 I Transportation issues in Denton. I off,otviously a safety Issue is going to trop up here or 2 Project number two,and just to look at that 2 there. We know that. We just don't know where it's going � J on your list,you we what the leverage money is. The 3 to be. And we know we'll have to build a sidewalk 4 leverage money is the money that's available to us right 4 somewhere ferjust general pedestrian activity. S now and then what our invcstment would be is the cost, 5 Secondly,we know there's going to be some 6 And so what we get in return is that leverage dollar In 6 schools built and t em's going to be a need for some 7 each of these projects. 7 additional sldcwalke,possibly along some major 8 Traffic signals is number two. This is a I thoroughfares but we don't know exactly where yet So. 9 project That is requiring a fairly small amount of money 9 once again,it seems appropriate to wait and find out and 10 on our part that would allow for a significant imprct of 10 Then build them. With regard to the •-and by the way,in I t traffic signals and bow those signals are coordinated In I I addition to that,There is a proposal fur a branch 12 the are around Teasley,also around Loop 298,and would 12 library,which could require some additional sidewalks to I 1 allow timing to he adjusted from a computer here of et the I J make that accessible to immediate neighborhoods. 14 Traffic Center that would enable,if there are events 14 Wish regard to Increasod costa,Id less 15 going on,changing the timing on those lights, It would I5 briefly say that—or Increased request for funding, 16 move traffic through Those arras mote wac ively. If we 16 there Is an Increase in cost,fast Orr,for a number of 17 know that there at trace can coming through during it rush 17 ressoms. One,materials have gone up, as we ail know, 16 hour,we're going to be able to increase the traffic count 1I with the construction boom. Secondly,the comtructiort 19 that moves through The light at a certain lime, And we 19 criteria for our sidewalks has improved,in my opinion, r A 20 can adjust it based on what Those traffic counts ace. 20 but that's going to be additional costs. We will be c 21 The next project is The widening of Hickory t l building five-foot sidewalks in new areas in the future, l 22 Creek. This is a partnership with the County. It's an 22 which will allow two people to walk shoulder to shoulder 23 opportunity for us,a$750,000.00 investment that would 23 and there are some other requirements with regard to 24 widen Hickory Creek Road. Hickory Creek Road tins over 24 grades and that sort of thing. 15 by McNair Elementary School. It Is one of our real 25 Let me f Trudy say that while we still hoe PLANNING AND ZONING OC'T'OBER 13, 1999 Page 29•Psge 32 t , _ Condmelt`o Page 33 Page 35 I extensive rows,we are making,as a result of our I would also make it impossible foe someone to get on in 2 previous work,In roads to the point that we can soon 2 that left-hand lane and try to jump sli the way Sao" 3 link up some area across town. With some additional 3 to get off of the highway. Trying to do some things to 4 work in North Lakes Park and some along Windsor and s 4 address sonic of the safety Issum l want krry to kind 5 little bit on Hinkle Drive,fur example,we can link 3 of talk about this a little bit because this is a rather 6 virtually ail of Windsor Drive, You could walk all the 6 complicated project. And,krry,if you just want to 7 way from the 1-35 access road to Old North Road, And 7 add anything to that 8 that pasvcs two parks,a junior high school,two I Ma.rruluo t'G try to be real brief,but, 9 schools,and potentially a branch library. And would 9 basically,you have all been briefed on this before, I 10 also link that with Denton Center,shopping center. So 10 think Cotrscil was about a year ago and PAZ it bolt-year I l we arc beginning to see the possibility or opening up I I ago. But,basically,what you're trying to do is instead 12 some major links. It's beginning to happen. And one 12 of going off right at the intersection and then on not 13 final item,I would say the Committee was recommending I S after the intersection,you're going to scoot back,get 14 that the priorities with regard to sidewalks go to 14 Orr just as you pass an intersection. You live a Ieeg is transportation and schools 13 stacking distance and then you get on just beram the next 16 seta cRoucti Thank you,aim. One other side 16 Intersection. What it allows you to do is it has 17 to that is that one of the issues we face is beginning to 17 circulation with adjoining properties wi•Jrout having b go to address alternative forms of transportation and getting to through the intersections,then the intersections tan 19 people out of their cars,giving them mscthods of getting 19 carry traffic across between neighborhood$. And so it's 20 around in alternative ways is part or that effort to do 20 an attempt to increase our capacity through the 21 that As we face increasing restrictions that arc 21 intersections. is that a simple enough explanation? 22 coming as a result or our air quality,we need to be able 22 MA LmELSREM. Thank you. 23 to address some of those Issues. Sidctvalks and bike 23 mit cRoucH, t move on now to item number 24 «aiis is one way of doing that And I'll get to another 24 six. Item number six is a project that with it$1.4-- 25 way here in a moment. 25 S 1,43 0,000.00 Investment we get■$4.5 :ni11ion return. Page 34 Page 36 I 1 skipped number four which is a ramp I This Is widening of us77 from the truck stop area all . 2. reversal project which is in the area basicstly bctt wn 2 the way into town and then also repaving the Locust and 3 Mayhill Road and Dallas Drive. This is to revery the 3 Elm sections that are in such terrible condition all the 4 ramps that are exit ramps off of 35 to Improve some of 4 way down to Eagle. One of the most requested items we 5 the traffic Raw and to avoid some of the s had in our surveys was do something about Locust and Elm 6 intersections. One of the aspects of this is at so to 6 because they are in such poor sbape, Those an State 7 try to slow down the traffic that is coming off of 3s 7 roads. That create some preble is for us. This Is an 8 northbound and exiting onto Dallas Drive. That exit, a investment to take care or that problem and,also,to 9 which just dumps right off and is easily sometimes at 80 9 widen the area between the truck stop down to where Locust l0 miles an hour,would actually be closed You would exit 10 and)rim actually most on 17. I I onto Dallas Drive by going onto the access road by the I t Trial is money that was Al wide several 12 mall,would provide you acocas Into the mall,but thm 12 }ears ago. We need to make that investment or that 13 also get you onto Dallas Drive. It's a safety issue 13 money is about to go away. It will also help to telteve 14 that has to be addressed. That is roe or the nnoat 14 some of the traffic congestion that we have at 380 and I s danger ow into tions,not only in Denton but probably is 1.35 right tow. Because of the number of commuters that 16 within the State of Texas. And we can't at this point 16 we have who tome Into Denton from the north, they're at 17 address the danger of getting onto the interstate going 17 coming through this Intersecion because this is a lacy I s southbound In the same way because it's such an I road. It's in poor condition. It's a rani road. This 19 expensive project to do. 19 would urbanise the road and would help it to handle 20 We do propose that as part of the tamp 20 greater capacity if we Improve it all the way into the A 21 reversals that the exit coming off of southbound 35 to 21 square area and beyond and we would be able to take sons 1 1 22 get to the snail area would be in back of the Dallas 21 of the pressure that is currently being felt at 23 Drive entrance so that people who are going to the mall 23 University and 380 off of that intersection. 24 are actually off of the highway at that polnL It would 24 Widening Fat Worth Drive,you know,we just 25 prevent some of the backup that regularly occurs. It 25 finla W the portion of Fort Worth Drl m577 on the PLANNING AND ZONING OCTOBER 13, 1999 Page 33• Page 36 CoodcDeeltr" Page 37 P+ge 39 I north side of the interstate This is widening the rest I buslnessea in the Frye Street area art expected to 2 of it on down to the railroad bridge,the second 2 contribute 5300,000.00. Our portion of it as the City is t 3 railroad bridge that you crow as you're going south and 3 $2$0,000.00 to improve the overall look in the Frye Street 4 improve access into town thu way and the congestion 4 area 5 that occurs in that orate. 5 And then the mass transit initiative,this 6 Widening of Bonnie Brae,this Is one that if 6 is a$225,000.00 project to study mass transit issues 7 Bonnie Brae,if you come north on Bonnie Brae it's four 7 fa our area to lock at Sight rail options,whether or 8 lanes until you get to this point right here and then it's 8 not wt might want to be able to connect to DAllt,whether 9 a rural road for this little jot right through here. This 9 of riot we want to be providing bus service,oth x issues 10 Is to widen it,to make it just like the rest of the road, 10 of getting people In r.td out of Denton. Wt v rou look 11 and to match up there. We have quite a bit or commitment I t at mass transit issm hat are facing the City right 12 from the developers In that area for them to participate 12 now,we have a tremendous number of folks who not only 13 in that project. This is our portion of that to get that 13 commute out of the City but they commute into the City, 14 project taken care of. 14 as well. A tremendous number of students who commute Is Widening of McKinney Street,this is,again,a I s in. Ilow can"get sent of the people off the highway? 16 minimal investment for a$6 million return,taking 16 How can we do some things that will improve our air 17 McKinney Strut from,basically,the Ares around Woodrow 17 quality and will also try to decrease the number of 18 on out all the way out to Camp Copass aid improving the 18 vehicles that are on the road? 'that,you know,it has 19 quality of that road and also its capacity to handle 19 gotten to the*tit now where 35 between here and the lake 20 more traffic. And anyone who's tried to go to Ryan High 20 is jam-packed almost sunrise to sunset and probably past 21 School in the morning or aftrnaon understands what an 21 that,as well. It is a very dangerous highway. How much 22 issue that is. 23 more concrete can we build out there? That's a key issue 23 Next project is the widening of 380 from 77 23 that we have to address This is one way of trying to 24 to 1.35. This is an acceleration of the Overall Project 24 move paole in and out of the City. 23 that we're--that will widen University Drive. This, 25 The otter part of this study Is also looking Page 38 Page 40 1 again,a minimal investment for a significant return, I at bow do wt move people In terms of mass transit around 2 5250,000,00 and our return on it is$3,8 million. A 2 the City more effectively. So we're looking at both 3 control town at the Denton Mun?cal Airport,and I'm 3 inside and outside mass transit feasibility Issu,s and 4 going to call on Rick Woolfolk and let Rick speak to 4 upgrading what we have in place and then also trying to s that ror us, if he would 5 take this to another level. We think this Is an 6 f•IA.wOOLPDLK In an effort to mat the 6 investment that can bring huge terms, You may have 7 Council's directive In past years to move this airport 7 son just laei week that the Federal government gave 8 to a more friendly business-type airport So we can attract g DRAT 1330 million to extend DART to Plano. This Is an 9 the tyVe of Industrial base in here to assist the tax 9 Investment that if we make can,in turn,bring a la of to problems that we all face,one of the very few projects 10 dollars back to us. i t that the FAA will not fund is a control tower. This is 1 I But it is also on issue that we have to be 13 necessary. We're already losing a couple of folks from 12 proactive on In terms of where we stand with•-in the 13 the local area who arc moving their equipment to other 13 eyes of the Federal govemmcrot in addressing our aif 14 Iocatiuns bocau>,e of the safety Issue involved with riot 14 ;uality Issues. Our failure to attain the goals on ozone is having this tower, It Is also en issue to continue to 1s issues has put us In severe jeopardy In the whale region. 16 gain sonic 90/10 funding on the additional projects that 16 This is one way to ensure that some of the Federal dollars 17 are in the masts plan to continue to build out the 17 that are flowing dds way continue to flow this way 18 airport to the level that IN cititms have previously 18 because we arc addressing mast transit Issua and v r it 19 approved some four or five years ago In that planning 19 toot just add easing building more roods. This is a key r 20 process. We have a great deal of Information if you have 20 Investment to keep these leverage dollars coming our A," � 21 any additional questions. 21 direction. ! 1 22 MR.E\G[LBAEm Thank you. 22 Those an the c:ritically funded of what fell 2) MA.CROUCH; Next project is the Fr)t Strxt 2) within the 22,6 portion of the bond request. Those are 24 ecru, This is part of the small area plan. This is the 24 just beginning to address Our needs, We still felt that 35 City's portion of helptng to get that plan going, 7119 25 the critical needs were not being addressed and that's PLANNING AND ZONING OCTOBER 13, 1999 Page 37 • Page 40 t r. t I COO&OSelt", Page 41 Page 43 I what these next items begin to try to address. An I airport. 2 alternate fa 377,this Is a connection between 377 and 2 And then finally 24—or the next item, 3 35W. This will allow trucks that are currently having to 3 number 19,is Highway 2499. This is for schematics, 4 go through the Fort Worth Drive intersection to get to 4 envirtxime ntat issues,clearances,and smw other points k S 35E emd then ivy have to go up to the 35 interchange to 5 on the connection to 2499. When that road is built that 6 get on 35W to be able to get to 35 mat easily, This 6 makes for it direct connection to the DFw airport. Right 7 also has quite a few developer dollars in it. You will 7 now that comes to 1107. Am I giving the right number? a notice this is it project that we're talking about 8 107 -. 407. It comes to 407 In flower Mound The next 9 putting SI9 million in. The developas In that area 9 portion of that is in process. Our portion then begins 10 are talking about putting in$2 million, So they're 1 o after that, This Is pm t of getting us to the point 11 coming to the table on this project. I I that vv have another northfsouth connection to the 12 Loop 288,this is the extension of this 12 Dall:.aTort Worth sea,but also one that would be s 13 section of Loop 288. We're trying to get the State to 13 more direct connection to the Dvw Airport. 14 be serious about this project and extending that portion 14 1830,Country Club Road,this is a widening of 15 of 288. This would be fer right-of-way and engineering. 15 1830 and this 6 it$300,000 00 investment for a S2 million 16 And pmt of our view on that is that if we want to route 16 retum on widening that road. 17 =it traffic completely away from the University Drive 17 The Windsor Interchange mentioned the 1I area and traffic that is trying to simply go around IS expmssway,the concept with Loop 268,this is to replace 19 town,this becomes truly an expresirway to gct people to !9 the at-grade crossing at Kings Row with an overpass 20 the aver side of town more effectively and it will 20 connection where Windsor is. This Is a mat effective 21 relieve sonne of the congestion on 380 and also will 31 method of moving traffic through this area. And by 22 relieve come of the congestion in this intersection 22 making it an ovapass,we arc able to route traffic 23 because folks coming this way are able to bypass that 23 through here without any roplights in them, One of the 24 intersection and folks going thls way to hit 35 can also 24 problems,of coarse,we have on the 288 section that coma 23 do the sane going north. 25 around on the southeast side it that there arc traffic Page 42 Page 44 1 The same thing holds true on the next 2 lights. 7*ey're st-grade crossings that slows down that 2 potion of that which is the extension of Loop 288 to 2 traffic through there. You know what a tress that is right 3 the south It dm provide a bypass. Is does allow 3 now. There's work that's coming on it but it Is to avoid + 4 people to get around town mom gcickly. It also does 4 putting otuselves Into the same situation that we got into 5 enhance the developmo t of N..errs.on the southeast S with that section of 288. 6 side of town as an industrial hAw and a place where we 6 And then,finally,some additional money for 7 ran really grow the community in some effective way's in 7 miscellarms paving We have it backlog of roads that 8 term:of some of N industrial economic Iuta:s that s need to be paved that Is wntewbere in the neighborhood 9 we're facing lbty dollars are inKttrmHa at this 9 of S 15 to Sl7 million. And we're simply asking for 10 point in trying to get the State to be intere'.ed and to 10 additional dollars to try to address that backlog and I I fund these projects, And our feeling was that by 11 that severe treed that currently exists for roads that 12 putting these dollars into than projects at this point 12 need to be mpaved and need to be rebuilt In the City. 13 in time,the State would be encore interested in coming to 13 And those arc the projais that we're asking far as part 14 the table on that and would begin to v4dress those are 14 of transportation in our proposal. Thank y1a11. 15 for us, 1$ ML EFtoemEcHT, Thank you,Tim. Are them 16 Widening of 2181,IM Is the area where di 16 questions at this point? 7hank you. I7 the new houses are going in. It is currently a rural 17 we.aROM To wrap up our prcxmtation,I'd 18 road at this point. It's a$250,000.00 investment for a 18 like to pout out tat eJs is really the Issue Win the 19 $5 million return on this project and would make this an 19 green••the document with the green column Is really,I i 20 urban road, 20 Nn:,the easiest for you to comprehend One ovxall A. 21 land acquisition for a nmwsy at the airport 21 proposal. That green column,of course,Is the dollar 1 r 22 and this Is an additional runway. This item fell below 22 that either ate almody ensured u kVa*rd from orbs 23 the control tower in terms of the priority because the 23 sources,from the County,from TxoOT,from Feder) 24 feeling was that One control tower needed to happen 24 futvfs Then the next column is our tool critical 25 before we added a runway to handle mom traffic at the 25 funded which would come under the 522 million cap, And PLAN"O AND ZONINO OCTOBER 13, 1999 Page 41 -Page 44 t l 1 F / 1 I I ` t^ondenaeItt" � Page 45 Page 47 l then total critical unfunded Is the next cohtmn with the I communities have aught xt to that possibility and are 2 total out there. So that just pulls it all together. 2 getting on the list So our prospects are not as good t 3 1 would like to point out in conclusion that 3 as they would have been just a few years ago and we 4 in the Council's charge to our Blue Ribbon Committee, 4 didn't want to promise anything that was pretty much pie 3 they urged us to go beyond the$22.6 million cap. S in the sky. 6 Again,on August 3 ist when I made an interim 6 MK LNGEt BRECH7, other questions? Mr. 7 report to the Council,again the Council members told us 7 Risbel. 8 to report a se bnd tier of Critically needed items. 1 do S MK RISHEL Yea. Mrs. Brock,your 9 want to say that our charge u a Committee was not to 9 statement that you just made was the IMF majority of 10 recommend a tax Increase or no tax increase, It's to 10 our Committec is ready to go out and sell this expanded I I recommend a list, And this is our list. 1 really••u I I package. I take it,there is some dissension among that 12 one point we've said that the 922.6 level rally puts us 12 potential consensus. 13 where we should have been about ten years ago because 13 Ms BROCK: Well,I'll let people speak for 14 we've been playing catch-up for a long,long time. And we 14 themselves but we did have one vote,as we mentioned in 13 feel that in the second tir we have a chance to look 13 the backup, that was 22.5 over the Issue of recommending 16 ahead,to plan for the future. 16 something that could possibly involve a tax increase. 17 I think if you took at these items you'll 17 And I think that some peoptc were very concerted that if 1 it see that, if we look five yon out,every one of these I I we even floated that possibility,that might damage the 19 itnns that we've labeled specifically m critical right 19 prospert of getting these Items in the basic package. 20 now will be even more critical five years from now. 20 And we feel that they are to critical,I think some 21 Think about Fast McKinney Street,for example, Think 2 i people were anxious on that Issue. But there will be an 22 about 2181 and the Increased Wre on that, We knav 22 opportunity if any of them want to clarify that 23 that accepting the proposals that cost$22.6 million is 23 position, But it was,at various points we did take 24 the safe thing to do. We think accepting the next$12 2 24 different votes,you know,that were moving that 23 or S 12,3 million is the right thing to do, 25 direction. And 22.3••at one point we had actually a Page 46 Page 48 1 Tlx large majority of the Blue Ribbon 1 motion for attachiag a specific proviso that there would 2 Conunittec is ready to go out to the public and sell these 2 be no new tax IncreW involved in Oils and that motion, 3 proposals and we hope that you will give us the 3 that proviso died for a lack of a second,as I remember 4 opportunity to do that. We are now prepared to answer 4 it,and I've t4ked with some people about the memory of 6 questions that you have about our recommendation and then S it, 6 go onto the public hearing. Do you have questions about 6 S 1 think it is a very large number. Now, 7 anything specifically or in genenl? And I'll all up our 7 not our whose Committee was dm fa the voting, We had S experu depending on the what the question is. S a long,long discussion and some people had to go onto ` 9 mil BURROUGHS: I know in the past some yeas 7 other commitments. But I think we did have a very high to ago In the parks and recreation's no that them had bent i0 level of participation I did want to say that once we i 1 the availability of some State furding fa leveraging 1 11 stated talking about rally going for the second level, t2 didn't notice any here. I was Just wondering if there 12 the energy level,the enthusiasm In that room Just went up 13 just weren't State funds available fu that purpose this 13 mormatisly. People were saying we could really get 14 go around. 14 excited about Us and we would go out and sell it. And I s MS.BROCK: I asked that very question very 15 we've talked quite a bit already about strategies for 16 early in the game because 1 remembered that we paid I 16 selling and what steps we're going to go through. 17 think,half a trillion dollars for the land that 17 MK IUSHEL 1 appreciate you expressing the is Southlakes Park is on and it was In a fire We it dissension,the conflict that you bad thought-wise and 1 19 situation. But we got$500,OOC.00 from the Sate to 19 hope that we will hear from those people. r 20 help with the cost of developing U. Ed Hodssey, 20 MS,BROCKr Yeah, And 1 may be wrong,but C 21 director of parks,said,unfortunately,that's not as 21 that was my interpreutioo and,you know,people will have 22 available anymore and so he didn't want to delude tee, 22 a chance to etabonate m that. 23 you know,with that possibility. This doesn't man that 23 MK IUSHEU I hope that minority will feel 24 it's not possible, A nearby community got a very 24 free to express demselves, 23 handsome$tautI juet reandy. But a lot more 2$ MS.BROCK: Yd. I'm sure they will. We've PLANNING AND ZONING OCrOBLA 13, 1999 Page 45 • Page 48 h t ' r l f CondemeltrA Page 45 1 had real freedom of expression all the way along. I plans are done. ITua will allow that to,hopefully,pt 2 Sometimes it's gotten kind of Interesting. 2 to a construction phase steer tae end of this. ThIs phase, 4 3 MA RAVEL: I'm not a bit surprised. 3 what we're trying to do is get it jump-started so that the 4 MR.ENOELISRECHT. Mr.Cochran. 4 plans can be dome--after level one and Level two,the s MR.COCHRAN: I've got a question for llm S environmental clearsoom ate them,the schematic Is there 6 Cruuch. And maybe in your lit'of,I gums,your must 6 to you know Vcne ally wham the route Is, So what you're 7 have list and then your wish list,you were mentioning 7 going to get here is construcc6on plans. We're just-- 8 some very impressive leveraged amounts of dollars that 8 you know,them wasn't lots of teeny so were just trying 9 were coming in here, And I just have a question for you 9 to throw some money In them that will go towards 10 on item number 16. That would be the Loop 288 10 construction plans so that when this[up sum of nwney 11 extension. An impressive leveraged amount of an 11 becomes available, the State will be willing--they'll 12 investment of$250,000,00 for a S10 million return on 12 put money towards a project with construction plans. 13 that. You seem to be kits certain about that than you 13 MR.COCHRAN: okay. And so that--at no u were In your expressions ors all the other ones and 1 14 precise date In the rutum is when we might get that is wanted to sec if that was just merely something in your 15 return on that then. 16 throat or if,In fact, that them wait something behind 16 MR.C2ARIt7 This precise Is not--thls is 11 that. 0 going to be a snore long-term. 1 would g sass five to 16 MR.CROUCH: Let Ole,first of all,say that is 18 ten. But the plans will be In shape and that you'll get 19 in not a wish hst. Okay? 1 would not at all want to be 19 a rtes insult rrom your money. 20 categorized In those terms,but I'm going to let krry 20 MR.COCHRAN: Okay. Thanks. 21 speak to this in a moment. Ste s Is •-it's not it less 21 MR.DLWANCE: a had several questions. I'm 22 certainty as much as it Is that we've gal to bring the 22 not sum it this is rally the time or not. First of 23 State to the table more so than so,ne other projects where 22 all,I would like to thank the committer, Y'All have 24 the State's ready logo. And I'll let kmy speak mom 24 taken your charge very well and 1 think completed that i 2S specifically to that. 25 sdmlmbly. I do have some questions regarding the Page 50 Page S2 t MR.CLARK• we have done sore estimating on I racilities. Ms, Damico,yes, Dorothy,you said that you 2 this,but if you'll look at this whole project all the 2 bad visited'1he Colnny facility and they we doing a 3 w:y from hem to here, it's a$40 million project to do 3 similar type consideration of rework of the Food Lion. 4 it compickly. And so what we've mod to do is 4 That would seem to be a fairly araliable type situ+tiom S estimate what portions they would do first to get the S Did they run Into any particular convention problems that 6 project started and get it underway and we will firm 5 you're swam off 7 these numbers up if you recommend and try to get Buz to 7 Ms.DAMICO convention? Is that the word I sanction them and say,yeah, that seems reasonable, Buz 8 you used? 9 @Isom,the area engineer. But conaldering it's$40 9 MR.DURMNCE: Yes. 10 million to do the whole thing all the way around,we reel 10 Ms.DAMUo okay. I I that these am reaotable. The money's not in your pocket I l MR.DURRANat Did it am to convert over 12 until you get the final letting date but It's,we foci,a 12 ae a Vbrary fairly rasorwbly? 13 very reasonable estimate considering it's a 40-plus 13 Ms.DAM1C0. Yes,it did for a number of 14 million dollar project all the way around. 14 reasons. rust or all,the construction of It was ring. 15 MR.COcHa,w: if we were to approve this and I s The Colony is out the only of&cities in the am 16 if the voters were,I should bay,how long would It be 16 that's taking a Food Lion building and converting it 17 before the State might act on this? 17 into a library. There err;others. That's just one that is MR.CLARK: This section hem they're very t I was-•one Isn't started yet and that one was pretty far r 19 Interested In because of this route all the way around 19 along. There have beets a veral advantages to them. She r A 20 the City. We feel that that an, hopefully,get underway 20 floor has been an advantage. The fact that them are r: 21 with all the schematics•-this section,remember,you've it delivery bays already there has born ors advantage. Big 22 recently approved some money to get level one and level 22 parking lot has been a wondaful advantage, Puking is 23 two going and to that should take,possibly,two or three 23 always a problem and it has the parking tot built in. 24 years We have the money to roll right in behind it,we 14 They were able to take some of the ovedtad was and use 23 can start buying the right-of-way after the construction 25 that to put their computer equipment up them and then PLANNING AND ZONING OCTOBER 13, 1999 Page 49• Page 52 J t Cooderiultr' Page 33 Page 55 1 have the wiring come down through the pillars that were 1 MR.CLARK: Remember,we've already kind of 2 already in place as part of the store. Theirs is not 2 initiated that,that$100,000.00 that's been put towards 3 finished and so we were walking through stepping over 3 it to get the feasibility study going and that's already 4 Sheetroek and wires and things like that,but it looked to 4 underway. This money would actually help move the S me like they were very pleased with what was happening. 3 construction plans. And whit they've eliminated,we 6 Them is going to be ball library,nalf city hall and 6 didn't get money for the big addressing the left merge, 7 they have thew Council chamber when you first came in 7 but this would redo each of those ramps and reserve them 8 the big front doors. 6 and that would be construction money. The Mayor may 9 MR.DURRANCE: The only reason I was raising 9 want to cumment on that but we recently got the list, 10 that•- not the only reason,but one of the situations was 10 think it's MM discretionary money which is great news 1 I 1 have,obviously,driven by there on several occasions I I because it's now on a list and you're talking 2004,a date 12 and the parking seemed,obviously,an adequate advantage. 12 which is an excellent move up from having nothing to 2004 13 But I was thinking about the interior of the building and 13 is■big jump cn a TxWT schedule So if we have it 14 some convert over and some don't 14 letting for construction In 2004,we're looking at the Is MS. DAMIC6 Well,we didn't actually go 15 near future. I know to some of you that tloem't seem near 16 Into that building. We went to the building to look at 16 future,but fa big transportation projects,it is. 17 it to see the sire of it We know the square footage. 17 MAYOR MILLER. That's one,as you know,the 16 We knew the sge of it. We knew the asking price of that 18 Regional Transportation Council recommended fa the$300 19 one relative to the oil=one. If it turned out that it 19 million of additional funding that came to our region. It 10 wam't,there was•-that was not the only choice for■ 20 Is going before the Tx DOT commission Inter this month and 21 library as far as land and so forth, 21 presumably it will be approved. So the money will be 22 MR.DURRA'vCU Okay. %kNch you had 22 thine waiting for us whenever we're ready. But it will 23 mentioned the possibility of moving the administrative 23 be,I think,for a 2003 or 2004 letting. 24 offices to that particular area; is that corro7l? 24 MR DURRANCE: Okay. All right Let's See. 25 MS DA31[CO: Yeah. We didn't make a 25 Thee was another Brea in-- I don't know if you could Page 54 Page 56 1 recommendation of exutly what would!Hove there because 1 be any more specific but in the area of,irsatssion of 2 we f gwed the library personnel would be the best 2 the mass transit Initiatives,for the ,rudy for the mass 3 people to know what could most likely move. But there 3 transit initiatives,how was that discussed and in what 4 is a possibility,especially since their needs are so 4 arc&are we talking about because you said it would be s argent Immediately that those things that were not S In the form of a study or consultant work? 6 public use areas could to made into office areas rather 6 MR CROUCH what we're asking rot is a 7 quickly. But that's up W them to decide, 7 feasibility study that would look at sil of the mass 6 MR. Dt'RRANcE: T1at's wbu I was going to^ty, 6 transit Issues and bring forward some actual proposals 9 it would facilitate iMm up there,as well? 9 and plans. This is what we can do. This Is what it would 10 Ms.DAM1c0: Ycah,yeah. Right. And the'ur 10 cost. Here are some ways of going about it. Asking the 11 requisitions and that's a big are&and a tot of their I I question,do we want to join DART+ Do we want to make 12 acquisitions and inventory and so forth,canloging. 12 that recommendation? Do we want to recommend light 13 MR. DURRANCE: Thank you. The next area I 13 rail? Do we want to form our own train company and [4 wanted to ask about waa,l guess,along with the 14 connect up with DART somewlere7 But really addressing 15 minsportat ion, I guess Jerry or Tun can answer this for 15 the taste u a whale from the standpoint of ail of the 16 toe,maybe On the ramp reversals projects.I know you've 16 mass transit issues that loll of face the+rein at this 17 listed leveraged funds,but do we know at this time 17 point and trying 10 put together a feasibility study. 16 because that Intersection has been rated,I think,stmoo I6 ere of the feelings is that there is grant i 19 a Nevel or something to that effort. As Tim Indicated, 19 money that we may be able to get. This Is sort of a r 20 it's one of the heavily trsroled and could be considered 20 commitment to show we're serious sin we try to pursue A, r: 21 one of the most danWous. A e the funds that have been 21 that Fu1t money. it may be that we get thin Swot money 22 leveraged there or TxDOT,do we have soy kind of time line 22 and we don't have to spend 0%on the feasibility study I 23 as to when they have considered that approach or arc they 13 and this money could to to something else, ' 24 looking to the City to Initiate this ramp reversal type 24 sat DURRAVCE: The ream 1 say is because 25 potential solution? 25 obviously,you know,when we've Bone to talk to our PLANNING AND ZONING Ot^f0136R 13, 1999 Page 53 • Page 56 I t. r, _ Coadeoselt` t Page 57 Page 59 1 Federal legislators,obviously,wv 'mve pressed this l that point in time. So it becomes a facility for somebody 2 Issue on several occasions and only now is it coming to 2 else to work iM somebody else to pay those people to work 3 some kind of a fruition. And I've also been aware that 3 in,but it provides the safety. But as far as the FAA 4 recently the NetCrg has done a quarter study for the .4 coming back and reimbursing us,they don't. That's a City S Dal]as/Denton corridor and we were mclded in that S facility that we turn over to them to operate at a 6 particular area So l think this would probably be one 6 particular point In time. We're anticipating roughly six 7 that would help link up with those types of situations. 7 months. 8 The oche'one I wanted to ask about rent 8 MR.DUwtANCE; Do they lease the facility 9 briefly was,and I failed to ask it earlier,was about 9 from us? 10 the Loop 288 completion dates Councihnember Cochran%,as 10 MA WOOLFOLX7 No. We have to-- the City I I asking about Are they on the same time lines as arc l I has to provide the tower facility They provide the 12 the ramp rc%-sal type situation or has that--because 12 people, Based on the fact that the operational cost is 13 1 recall when you v.-re Raying that we have approved 13 probably In the neighborhood of S25o,000.o0 a year,over 14 Initial feasibility studies for the southern part of the 14 the course of a number of years that becomes it 15 loop. But you said&I the un!ner side,which is noted 15 relatively inexpensive proposition for lie to have built a 16 as number IS here on the projects,could possibly be t6 tower and them to operate it, III sooner. 17 M0.DURAA%CE: so,basically,we're providing 18 MR.CLARK That thing that is underway IS a I8 a racility but then they pick up the costs? 19 cooperative effort with the County where they're funding a N MR.WOOLFOLK: Correct. 20 larger share and w'e're funding a share, These dates are 20 MR.DURAA%C E; Okay. Thank yul1. 21 not set yet We foci that the number 15,Loop 258, 21 MA AISHEL' And improvements in that 22 Phase 1,will become set because of its very great need to 22 facilities, avionics tt at would go into that would be 23 complete that Loop. We feel that it has excellent 23 Improved alit by ttem? 24 possibilities to be moved up on a list like these ramp 24 MR.WOOLFGLIC: That's correct. They have to 25 reversals have recently had happened to them. Thta second 25 keep a certain level of product in the tower for thew Page 58 Page 60 1 one is more or a long-term project and the amount of money I people to operate It. So once we put it In place,then 7 being dedicated Is so small it's Just a tenth••Just like 7 they upgrade it 3 the mass transit to get it stimulated. 3 MA.1USHEU SO the cost of the tower 4 MR,Duttwce: Thank you,krry. One last 4 includes some sat of operating equipment? 5 question I had I think of Mr,Wool folk regarding the 5 MA.WOOLFOtx: To begin With,that'f 6 tower facility there. It was my understanding,you 5 COMA. 7 mentioned the possibility of this also not only being it 7 MR.AISHEL That's part of that in:tusion 8 safety issue but one which would get us Into some 90/10 6 of the 5500.000. . 9 Federal money. And we've had some dealiys with that in 9 MA WGOLFOLK: That's Correct. 10 passage of our mornt upron expansions and that kind of 10 MA AISHEL: okay. Thank you. I t thing. My question is the backup materials butt we had I I MA ENGELBRECHT: Thank you. Ma. 12 didn't show that it would be it kvenge Figure but it's 12 Kristorenon,you had a question? 13 my understanding that there's something dealing with the 13 MS.=ATOFERSON: I'm still back at 14 FAA regarding a lease payback or something of this 14 thanking you for In iting us because we have riot heard 1 S net=for an investmomt oT a tower. Is that I5 any of this information prior to tonight either,so this 16 neassarily ••do you undenlao i that? 16 Ian III been sitting here absorbing it and the incredible 17 MR.wooLrom: I think 1 utxlerstand your 17 presentations, And lack and Tim and Dorothy,thank you is question. TIe FAA roquims that a city build its Wwtr I8 fa those. And,wow,It's pretty remarkable, My 19 and operate it for a period of tithe. For example, 19 questions ve not to your Committee. My questions would r r, 20 McKinney thought they were going to have to operate 20 be for Kathy. In our current bond structure we are A I I theirs for a year and,In fact,o you hil the magic 2I sell!ng 20-year bonds;is that right? A. v 22 threshold or operations,and we believe,based on our 22 MS DUBOSE: Yes. 23 traffic count,we're ahead of McKiroey right now,the FAA 23 Ms.K11ISTGFEAsom Have we looked at perhaps 24 will then take over the funding of the operation of the 24 30-year bolds u a way to do this without a probable or 25 people in tie tower and the operational pvt of that at 25 possible tax lncmise? Has that been a Consideration PLANNING AND ZONINO OCTOBER 13, 1999 Page 57•Page 60 Coodeoschr"' Page 61 Page 63 i that you've looked at? I MR.MCNEILL: okay. Then if what I read in 4. 2 MS.DuaDSE what you would do Is you normally 2 the papa it cams,we can purchase the Food Lion for 3 issue your bonds fa,in most casts,over the life of an 3 $2 1 trillion; is that corma7 4 asset. For a street or such,21 ycA s is probably the 4 Ms.DAmm That's the asking price and S standard. You could look at a lot w term. 1 think you S that's Kathy'I area. 6 would probably look at a possible reduction in your rate 6 MR.MCNER.L okay. Then my neat question 7 and it would probably cost you a little bit mere In 7 is if we subtract that from the S6.5 million,that's 8 interest. 8 $4.4 million for the-• what would that be used for? 9 MS.KRISTOrERSON: okay. And the second 9 MS.DAMICO. The remaining --you mean to question going along with that would be have we done any 10 whatever the number is that's left? 11 analysis to ascertain if, indoed,a tax increase Is 11 MA MCNEILL: Yeah. 12 necessary? Possibly not but if it Is necessary,do we 12 MS.DAMIco: It's to take that building and I S do anything to our future ability to sell bonds for 13 change it from a supermarket into a library inside, 14 other projects for maintenance and operation or other 14 which would be a complete renovation,a rd then to get the is capital impr i%emeriti that might come up shot are not I S equipment that they needed to put in it also,shelves and 16 xvcred by the clr7 16 so forth 17 Ms.DUWSE: Of course,It all cornice Into 17 MA MCNER.L that's completely furnished? is the picture when,if you're looking at a bond rating, I t Ms, DAMICO Right. That's my 19 they look at overlapping debt. In other wards,that 19 understanding, Is that tat correct? Whoa,where's 20 would be the debt that you share with you,school 20 Rick? That was the dollar amount per Square foot. Rick 21 district and your county. And for this year that Is in a 21 f gured it not be any--we didn't have any estimates on 22 positive,the reduction or 16 cents for the currant year. 22 particular items or on particular things that we were 23 So that 11 stepping into the right direction. You have a 23 going to do,but what Is the average amount to renovate 24 lower rate overall for your combined taxpayers. 24 the Inside of a budding Including furnishings and then 25 Nis Kmmrmom okay. Thank you. 25 multiply that by your square feet Page 62 Page 64 1 MR. ENGELBRFCHT: Mr, McNeill. I MR MCNEILL: so for S63 million,if I got 2 MR. NICNEILLr I have a question on the 2 the numbers right,we'd have a finished library up there 3 library. In the backup material the figure for the Emily 3 with books? 4 Fowler renovation was$6.8 mithon and then on the 4 MS.DAMtco. with equipment,no books With s material you hand3d out tonight it's S6,S million with An S equipment. Okay? 6 additional 51 2.nillion, So I don't quite understand 6 MR.MCNEILL: All right, Thank you 7 those m :l.bM. 7 MR ENOEI BRECHT: r,Moreno. 8 NIS DA.MICP Put of that is we have had 8 MR Ni0nNt? Dorothy,excuse me 1 had some 9 multiple meetings with multiple negotiations and changing 9 questions kind of along the same lines as Mr. McNeill. I l0 things. There Is some money left In the school--1 meant, 10 would be very interested in a couple of numbers,If you I I in the library from a previous bond Issue that we were 11 would,the number for the acquisition being 6.8 million 12 able to use that to reduce that m tuber, We also did take 13 dollars minus the Emily Fowler renovation,what the cost 13 it small portion of the library facility and decided to 13 per square foot would be fa finish out? t4 take it unfinished Inside and took the finishing expenses, 14 Ms.DAMSCO it's 100 and somedting but i have is let them use a 1,600 square foot piece for storage,so we 15 to ask Rick because he figured the numbers for us. is would have the money for the Jul expansion So wt had 16 Ms.BROCK: well,I'll answer and if that's 17 done some negotiating with the numbers from one set of 17 not corral.Kathy can correct me But early in the 18 figures to the next. When our Committee finished,we were It process.we got a chart,one of the many pieces of r i ' 19 at that 57.7 million. Aul then when we gd into the ti,x 19 Information we got from stair,and they did a survey of d r 20 where we were working with blending three tommittxs 20 library nmove6ons and new library construction In ( r-N, 21 logether to ironic up with our$22,6 million,we hod to make 21 Texas In the last throe to four years. And they varied r 22 some changes and that was one of them, 22 very widely according to the square foot cost. For 23 MR.MCNEILI: so what,rnr'rc redly asking 21 insiance,there were throe a four new libraries in 24 for Is$7.7 of S6.8 million? 24 Austin that west less than 9,000 square feet and So that IS MS. DAMIC04 No,the lower number. 25 was it very high per square foot cost. The avenge of PLANNINO AND 20NINO OCTOBER 13, 1499 Page 61 • Page 64 1 c 1 I I CcodeexItn` Page 65 Page 67 I alt of those wu S 1 10.00 a square foot and that was for•• I been!enific with libraries. 2 completed with funi;hings,not with books. And so that 2 MR.MDRFT'D How much did the south branch 3 wu a convenient number for us to work from and looking at 3 cost? 4 What costs have been in this Sate in very resent years. 4 MS. DAMtN I don't know. I vests not on S Ms.D uomE+ Eulim,Is that-- Rudy.just 5 that committee. I don't know. i 6 to tag onto that,is that S 110,00 in today's dollus or 6 UMDE%'IIFIFD SPEAILEA: Construction Cost for T In four years out when the project is considn ed? 7 the south branch was about over$800,000.00 and we 8 MS.8RDCK: It's pretty much today's 8 received another 51 1.0,000.00 from the State Library for 9 dollars. We're hoping the rate of Inflation except in 9 construction. Total cal was about$1.4 million. 10 areas like concrete--but sirx we did go ••one of the 10 MR.RISHEL, 'o bat does that egv3w to in I i libraries on that list,I thin.., as$29.00 per square I I square footage? I2 foot which didn't win very realistic to me at all. And 12 UN71)ENMRED SPEAKER It W93$90.00 per 13 then those Austin libraries that Were almost$200.00. 13 square foot fo:the south branch. 14 MS DUBOSE: SO it's$110.00 In four years 14 MR.RISHEL: t-m that Include fixtures? IS dollars is what you're predicating it on; Is that Correct? Is t1Y1=%rnF1ED SPEAKER: Yes. And you're Other 16 MS. BRGCK: Well,at the time we made that 16 gmsticn,we have 1,200 people a day coming into Emily 17 decision or that we were talking about it,we didn't 17 Fowls, So we assume that if we move some of those 18 have the information yet about exactly when this was i8 services to the branch,that we would average that many, 19 golt+g to occur. And sins the library's tends arc 19 as well. 20 immediate,in fact, overdue,we hoped that it would be 20 MR.MORE%%,O: You'd have more capacity so you 21 very close in on the•• like starting In January and so 21 should be able to improve on that. 22 the number was based on current prices. But it Was a 22 LTTDE%-nPIED SPEAKER: Accommodate nnom, 23 combination of all those estimates that we had gotten 23 correct, 24 from a lot of different places. None of it was exact 24 MR.mom4o: ,bank you. 25 money that we knew we're going to do this much carpeting 25 MR. LXCELBRECHT: Is that I% Mr.Moreno? Page 66 Page 68 I and that much walls and that much computer cable and so I Okay. All right. Mr, Williams 2 forth, We didn't have that. Does that help at all? 2 MIL WILLIAMS: Yes. Tre transportation 3 MR.MORENO I have another question. Along 3 person please,Tim. McKinney Street,I would like to 4 those lines,how many people do you think would use the 4 understand the rationale for starting the expansion of S library facilities after the;'m built out and also on tie 5 McKintry Street at Woodrow Lane,whereax you have the 6 aquatic center, what kind of participation or how many 6 County facility one block up and you have the City 7 citircns arc actually going to use the facility Is what 7 facility down by the railroad track. Could you tell me 8 I'm trying to get tc7 8 what was the thinking? 9 Ms.DA.vt1C0: 1 don't know. l don't have any 9 MR.CROUCH: My undemanding is that Hut's 10 of the information on the aquatic center because that 10 born widened,but I'll turn to Jerry. 1 1I was in the park's thing and they happen W be blended. I I MR.WILLIAMS Cm new here so. 12 New,those two,facilities and puke arc new together'?k I J M4 CLARK! we jur, recently cooperated with 13 one list,but t only waked on facilities and we didn't eo I3 the County to build that project directly up in front of 14 so fu as to have the numbers. We do know that there's a 14 the new facility up to Woodrow Lane. IS Junior high them, I had calls from the librarians at the IS MR.WILLIAMS. From when? E 16 elementary schools that said they would want to bring 16 MIL ciARK: From Janie Street. And wo also 17 their people&t o. when the south branch library was 17 added drr! ..rge In that area. But t x other section of 18 built there was information that Indicated that a north 18 McKiraey was widened in the late or the early 80s,about r t9 branch.,orary already at that time was the ram important 19 85. it was Just a two-lane,now it's a four-lam, I 20 library,but the City had the land by the ftre dyartment 20 don't think we have capacity problems. It notds some / f 21 and the south branch,and so south branch went first. But 21 resurfacing,but the capacity U Pde4uate. The only real 22 time was already at that time an expressed nw& And tsar 22 Capacity problems we're having on McKinney arc do%%u 23 fact that this library has more patrons going through it 2J Bell and McKinney and that's a morn longterm thing we 24 than the staff by right should be able to serve irtdiates 24 treed to address. But this would actually cover+ie 25 that there would be a goodly number and Denton has always 25 portion that the State operator and tna:ntains. PLANNING AND ZONING OCTOBER 13, 1999 Pa", 65 - Page 68 t 10 1 t Coadc lseltn' _ Pne 69 Pape 71 I MR.wtLL"s: okay. Thank you. For& 1 still some additlonal Improvements occurring In Civic E � 2 parks and roc person,I remember you stating that ore of 2 Center Park out of the pn:vlous bond program. We're ) the goals the City has Is to be proud of where we live 1 continuing w sped money in Civic Center Park trying to 4 and be proud when We have visitors here. And I ha',e 4 finish those Improvements. Rc*oom%one of the S attended events at two of the parks that's not menti coed S mmalning,the late remaining plea of the Civic Cents 6 in the upgrades and that's at the Civic Center Park, 6 Park Improvement project under the previous bond program 7 whexaa it was really an embarrassment to me u a 7 is,In fort,dealing with those restrooms. And so I hope 6 ciumt when we had at the Blues Festival whom we did I that answers that specify question. 9 not have public rcstrooms,when outdoor restrooms were 9 As fu u whit's happening In the other 10 overflowing, And also what about neighborhood parks who 10 neighborhood pare,the reason new playgrounds,new I I have more use than the average neighborhood park,was I I picnicking facilities, and that sod of thir4l arc not 12 there any rationale for why thou two trains of thought 12 being addressed this bond program In the proposal this I) were not involved? 13 time stand Is boxuse they were taken care of and they're 14 MR.SWANSON: The one project for the Civic 14 being wrapped up out of this previous bond program,the 17 Center Park improvements Is the last item that we have 15 1996 program, l4 parks either have already received cc 15 on the critieW unfunded portion of It. i6 will be rrteiving in the next few months brand new play 17 MR.WILLIAMS: I see an aquatic cener. I 17 equipment,brand new picnicking facilities,and that son I I don't we it 12 of thing all pmvit,try funded, And w those are being 19 MR.swANsoN: tf you'll look right below it 19 wrapped up. 20 on number 12,you'll see Civic Center upgrade and 20 MR.WILLIAMS: thank you. 21 improvement for$850,000,00. 21 atX 14ODNEY: You bet. 22 MR.wItLIAM&. okay. 22 MA.NILLIAMS: the next question is my owls 2) MR.SWA."riv: You have a lot of information 23 bite here Ung a former little league football coach ;4 in front of you,l understand, ft's on the shod that hat 24 and noticing 6K,in Denton there are no football fields 25 •• Is titled with the leverage so that was addressed. 1$ with the City because it's always shared, I'm wondering Page 70 Page 72 I Again•- 1 why that ve'm looking at lighted socaf fields where 2 MR.wILLIA.NS. Are you taking about Civic 2 soecet is played In spring and fall,baseball is played 3 Center-•because I'm looking at this as Civic Center and ) in spring and fall, and we're not concerning building 4 not Civic Center Park? 4 some fields that we do not have, Like I say,this is my 5 MR SWANSON, NO. Ibis Is Civic Center Parks, s own bias 6 okay,I'm song. As Is only for the park. 6 MR.HODNEY: That's fine rust of all,and 7 MR.witLL1.M5. That's what I'm talking 7 Jack will eorrobvate Ode,the Committee looked at all 8 ,lout4 a needs,all sports. And trey compared our current 9 MR 5wA.v,AN: this is the money that has 9 Inventory of folds,those that we have on the ground 10 t o m allocated is $850,000.00 for the Civic Center Parks 10 right now. And,u you know,we have got three little 1 l The building it xlf dos not fall under the Parks and I I loom football fields in the system right raw. 12 Recreation Committee. We did not look u the facility. 12 M'L WILLLt.MS: steady to be built? I) MR.WILLIAMS! That's what I'm talking I) MA HOONEY: No,Currently in the program. 14 about. I'm talking about the park, I'm not talking 14 Currently in the system. 15 about the building. IS MR.WILLLWS But those are Converted if MR.swANsON: okay. Then we have the 16 baseball fields,aren't they? 17 $8.10,000.00 here is for park. Am I right? 17 MR HODNEYi Well,they're overlapping 11 MR.HoONEY: can I help you out here,lack? 16 baseball N16. And the reason I'm mentioning that and r 19 MR.SWANSON: Please. 19 the re"on that you don'I we brand new football f el do ' 20 MR HODNEY: n's easy to se, why we get 20 being constructed in the program to the pmvi ma bond r` 21 confused because we have Civic Center Park,Civic Center 21 program!tau matey,$360,000.00 to relocate those 22 building. There Isn't any funding in the current 22 football fields to their stand-alone ground to they 2) proposal,either the$22.6 list or the$34.6 list for 21 don't overlap any other facilities. So tart is in the 24 additional Improvements to Civic Center Park. 7ba1 fell 24 woks, 21 just ofrof thou two lists. On the other hand,there are 25 MR.WILUAMS: Okay. Thank you. PLANNING AND ZONING OCTOBER 13, 1999 Page 69 •Page 72 CoDdao/eik"'` Page 73 Page 75 1 MR.HOONEY: Let mic address one Issue Very I MR QMRK 00 the 1.33 major Intmtment 2 quickly, if f may,that was Raked of Dorothy on the 2 study,I.33E major Investment study,slut will be ) aquatic center. 'hers the group visited the racillty In ) brought up and recommended and maybe we cast wok to Id 4 Hurst,In fact,the numbers that you have,the$4 4 that as like a capacity project sornewbere else. S million Is the cost of the Hurst facility,which was S its r?rlt 7011311%11111- 6 S3.5 million and then we put In an extra S 100,000.00 fa 6 MX CLARK: n's rot been given up on. 7 inflation, if you will. So duals where the coal or 4 7 16 APrLt -In the pipeline. My second a million conies from. 1 question regarding the 377 alranHe route joining)71 and 9 When the group visited the facility in Hurst 9 WS,1 notkod slut,of Bourse,the HOW-of-way 11 ping 10 they said that they got On an average of 1,500 people a 10 to lave to be dedicated and placed prior to that I I day at the racility. So they actually have to stop I I occurring. Do we have any kind of a time line on that? 12 taking people at that point and turning them away. They 12 MA nJ,ax: actually, I think the folks that I) said that the majority of the people that use that 12 are out In-;W area are wanting to move faster tae we 14 facility were locals. Although the day that our group 14 may be able to u that could be a reel Immedlata IS was there, there were 50 people from Denton at the 15 pro*?. I dJnk the main problew of that one Is soing 16 facility and came up and said,you've got to get one of 16 to be getting the m,xey quick enough and,obviculty, It 17 these. So,boperully,that will help with the numbers. 17 doesn't bap;- .(that right-or-way dosn't get 11 Tae cost on 14 again,does not Include the building IS dedicated in hie way bough and they build all tbeir 19 that's going to go with DISD but that's the only thing 19 dirty. 30 we had to work on because that was the newest park.I 20 Ms.APPLt okay. Orr more question and 21 believe,was the Hurst facility. So maybe that 21 this would be the pwks am 141ho awns d,e Amerkan 22 addresses a little bit the question that you asked 22 Legion Ha11? 21 Dorothy. 2) MA swA soN. rm pretty sure,Ed,that 24 MR.MO RENO: 60 there IS an OCCUponCy Of a 24 it's- 23 or maximum occupancy that kind of goes along with the 25 mA HOos ay.. t know,it was a flip of de Page 74 Page 76 1 aquatic center and then your 1,500 maybe allows for I coin tome who was going loge up here. The City 2 people coming and going? 2 does. fill City property, ) MR.HOOVEY: In the new facility,the ) MS.APPLE: Okay. Thanks. 4 proposed facility, Mr, Moreno, is that what you're 4 MR.ENOELBRECHT: Mr, Rlshel. S addressing? S MR.R16HEt: Mr,Clark, and correct me if 1 6 MR.MORENO. Yes. 6 hard this wrong,but at one point I thought you had 7 MA.HoONEY: Yes,there Is a capacity that 7 said as I look at the map that what is itenti zed as 14, 1 once you each that capacity,you realty should be 1 15.and 16,in other words,the loop 299 extensions to 9 keeping folks out until there's it turnover. Otherwise, 9 complete that through to 171 from the existing 291,that to you have same iidety issues to deal with and you also have 10 that wu going to be a total cost of S40 million. is that I I some OpsYairig cost Issues to deal with,turning over the I 1 what you sold? 12 water,as well. You have to do that more frequently, 12 MR CLAAR: Yes. That's from here ail the I) MR. MonNo. okay. I) way around If we put six lanes in and the bells and 44 MR.ENuELPREcH7: Okay. Ms. Apple. 14 whistles and everything are there. IS Ms.APPLE: My questions will probably need Is MA RISHEL, okay. So not including 14 16 to be addressed,first off,to Mr.Clark, A couple of 16 then? 17 transportation questions On the ramp reversals,t know 17 MR.CLARK! No,that's not Including this i1 we had talked previously ••regarding ramp reversals,we 11 ore, nut's from here around to here. And tot's doing r 19 had talked In the past about considering an east aide 19 It to TxWT sta ldardo,not to a City road. ? A 20 turn-around. 20 MIL R314£L okay. So deal's why ten's a r ' 21 MA ctAim 7be Team U-turn down then at 21 discrepancy of$40 million as opposed to as I add up r ../1 23 Loop 281,1 don't think that would be in this, 22 k reraged and critical Unfunded I only add up to I MS. APPLE: 1 was just wandering,is that 2) S"000,000.01),50,000.00, Is"Just multiple lanes and then 24 still a consideration dawn the rood because I know this 24 the$40 million represents six Iona? 25 will help a great dal. 1 23 MA CLARK: We didn't reel that the Stale PLANMNO AND'LONINO WrOHER 13, IM Page 73 • Page 76 low. i i Coodonlolt"' Page 77 Page 79 I would come up with$40 million for that project all at I into the aocond level,especially at the bottom of the 2 once. We foci that they'll phase it. And we will get 2 list if you look at 19,20,and some of those,you know, ) with Buz and firm thin out if it's a project that you ) we're juat putting In small portions, So the State is 4 elect to pursue. We've estimated this projoc4 as we 4 going to have to fund the majority of those S feel pretty good with the$S trillion,but they might S MIL RAHEta Thank you. 6 just went to put a couple of lane through there at 6 MR.DURRANCE: Can I tag onto that Once 7 first. And one of the problems with this Is you have 7 he's here just fora moment? Just fa clarification, I big bridges an it and that's some of the large costs. I what's being proposed though fa 15, 16,and 14 on the 9 But this Is an estimate of this section and it's about 9 map is shown there would be what's up north presently,a t0 twice as long and to wK put a basic estimate out there, 10 four-lane divided median highway;is that correct? I I But the$40 million,if you did tilt in Its complete I l MIL CLkKX! okay. You're asking about IS, 12 design section according to Two?requiremenu would be 12 16,and 177 13 in the neighborhood of S40 million. 13 MR.DUR0,104CE; No, 15, 16,and I4,the 14 Mx.IusHEL: okay. 1 guess I just want to 14 completion of the Loop on the left side 15 make sure we don't have a credibility problem with our I S Mx.cwmr okay. This one,number 14 Is t6 constituency because 1 heard you say the S40 million, 16 proposed to be a six4m facility. So that would be in 17 but my numbers wm't adding up to that. 17 its twmpletenem, in Its complete section. Number 1S,we Is MK colon: we're talking about phasing it, i6 think they'll W out with about four lanes there and 19 Does that help descnbe !t? We're phasing that wdlon. 19 that may end up being all you need fa a long time 1 20 MR.RISHEL: shat helps re with the public 20 don't really know for sure what they would allow us to 21 understanding bcuer how we have s discrepancv'n our 21 to through. What we're going to try to do Is keep duffs 22 figure, manse of ths41 want to ask you is there 22 u much of an expressway u we Can,too. So they've 2) anything in the one through 13 items that represents what 23 proposed possibly building frontage roads but then that 24 1 might envision as on improvement on those facilities 24 changes it from an expressway. So we don't really know, 25 and the leverage numbers and the critical funded numbers 25 we don't really know what section This would probably Page 79 Page 90 2 don't add up to what a total completed project might bt, I be putting somewhere between••probably putting two lanes 2 And I reference wmcthing hike the divided-lam highway 2 across there to start the project out. But,see,we're ) we would have had through NortMake Park which Is 3 not going to get to that level. We're just trying to 4 Windsor Road which is not a divided-lane highway,divided 4 get some plans. And the plans will try to go u far as S lane fader road or connector. S they can go to the complete section and then you would 6 Mx.ctARK: okay. Arc you talking about the 6 build pan of it,you would phase it 1 project that was In the old ctl that was four-lane? We 7 MR DURLwa okay, Think yuu t 6 were talking about creating on undividod•lam highway. I appreciate it. 9 MR. xism: Exactly. 9 MR ENaELERECHT: I don't have anyone to MR.CLARK: out that didn't make the list. 10 Indiating any other questions. I will ask in a moment. I I V you remember, there's the star or a median off of i I I just want to point out I do have a number of cods of 12 Bonnie Brae and the talk was to put that In there to add t 2 individuals who would like to speak and If you would 13 beautification and the four-lam as opposed to just I) like•.ona we conclude the questions,would you like 14 making a wide kind of standard City road to beautify the 14 to take ten minutes and then we'll come back and get IS entrance off of Bonnie Brae,but that project didn't IS public Input. Okay. All right. Very good. Are there 16 make the Ii114 16 any other questions at this time? 17 MR.P19HEL: l understand So my question 17 MS.EPOCK! mr.Engehbrechl,I'd like to say I6 Is in one thvough 13,to there any ing on there that Is I I one thing really respondi%to,I Wrtk.the very first 19 in that same type of thinking scenario where it might 19 question. I was afnld that I might hove left the i�' 20 represent one or two lams and eventually it's going o 20 impression that them was some disagreement about the f A. rese 21 be four Isar or six lams that we have a perception 21 list itself. 1 think that each•.that the entire l \ ../� 22 from our public that rnight be different than what we 22 Committer had a great deal of respect for each team'a work 2) have indicated our wit would be? 23 sect so there was••even though there might be some 24 Ma.CLARK: 1 don't think so In the$22 24 diugnament as we Indicated in the backup about votes on 25 million And some of the tat of them a you gel down 2S possible Funding Issues,we accepted unanimously the I PLANNING AND ZONINO OCTOBER 19, 1999 Pape 77 • Page 80 j i J , k I f t. E Condemelt"` Pogo 11111 Page 63 1 monuttendations n.'the different committees on projects I You've noticed that they've been etsssifled as r 2 themselves. Thal list of projects rcrlecu it unanlmous 2 critkat and funded and critical as unfunded. Well,I 3 vote from our overran Committee. So 1 didn't want to 3 don't know about you,but it I were critical and laving to 4 leave the Impreadon that any of the disagreement applied 4 1e to a medical fsc.Sty and somebody checked my Insurance S to the projects themselves. S and said dust I was covered for SO grand,but the surgery 6 MtL ENOELBAECHT: Okay. Council members, 6 was going to be$13,000.00,l wouldn't want them to stop 7 Commissioners,are there any other questions? All 7 at$10,000,00, I'd want them to so ahead and ftnlIll the 1 right, (liven that,at th;s point we're going to take a 1 suttgery, In fact,l thank tx City Is kind of in a 9 ten-minute break and we'll come back and take public 9 sirustim where we have some very critical projects. At 10 Input, Thank you. 10 kilt from the usmporadon pc:nt of view you were told 11 (Break taken) I I dent dose projects%.us rated ten on the high W one on 12 SIR, ENGELBRECHT Okay. At title time we will 12 :br IoW. Mite critical unfunded,all of dose projects 13 reconvene the public hearing with regard to the c'Ip and we 13 art an 1.3 perkenr or higher,1.3 or higher number. We 14 arc going to move onto the phase for public Input. 1 14 didn't get down to 6'a and the 7's. Tboae wen very is would ask Individuals••we will have a five-minute time 15 importsnt projects. But just based on the dollars,%e 16 Ilmit per speaker. We would uk if you could limit your 16 couldn't get der-:. 17 remarks and make them as expeditious as post0le, By the 17 1 think It's Intctadng to note Out for t1 way,I have cards which are Indicating support or I I another 11.4 trillion,by going to the critical unrundod I9 opposition and some comnxnts,but you did not wish to 19 tool,that you would Rt another 141 mithon in matching 20 speak,I will cover those Individually at the end of ail 20 funds. Now,I don't know about you,but anytime I can 21 the public Input. First off,we have)&.Rick Wooli 21 snake that kind of return on my Imptmcnt. I'm willing to 21 MR.WW1ULKi Il is a pleasure to be here _2 put money Into IL For the but package, I7 million,we 2) with y'+ll tocdghi and I understand-- 23 get about a 13.11 to one leverage. Now, I undasand 24 MAYOR MILLER. Could We,for the record we 24 &%'a era quiz as good. In some cases,we're able to 21 need to have namse usd address. 23 gal In soft projects%brit vro 1M 90/10 funding or, Page 92 Page 84 1 MR.ENGELSKECHT: Name and hldress. I perhaps,better than thatwhcn we're real lucky,but any 2 MR,WOGLEOLK: Rick WooVolk,3121 Westgate 2 way you cut it, It's still a very good return on the 3 Drive. it is+pleasure lobe hie l know tie task 3 citizens' mazy. 4 you're about Is a very Important task. It Is one that the 4 71st motion that wu made had nothing to do 3 citizens demand that works and you-all have on opportunity S with whether there would be a tax Increase or not. Thal 6 to look at these kind of!hinge because what you're afvtrtt 6 is, in fact,a political decision that is 300 percent the 7 to mcomrriend Is a very Important thing. I want to to back 7 responsibility of the elected City Council. Our 1 in histury,just a minute, 1996,when we did th;s exercise s recommendation to you-all was to recommend a package of 9 before,we actually sold a little over M million dollars' 9 34,11 trillion as the package that the citizens'committee ID worth of bonds that were intended to be is five-year 10 believes Is the minimuun package. Now,we did approve die 11 project. Though a number of fortuitcut things and I 1 22.6 with an absolute no to increase number. Actually, 11 fortunate economic situations,that bond package bas been 12 If we're lucky and we have sonse real nice growth numbers, I) able to be sold and produced in 1 13 the other package very well could be done without taxes 14 four-year period Insteod of rive years. 14 but we're not prohibiting that in the motion that wall made 13 1 think that was some of the logic that went I$ either, Again,that's a political decision that the 16 behind the citizens' committee recommendation to you-di 16 elected officials do have to make If you have any 17 that we Increase the size from 522,6 up to$1411 trillion. 17 questions,I'd be happy to respond. I appreclate your � 1s Ile though) is that with the economy that we might be able 11 time. 19 to anticipate over the next several years and to growth 19 MR.ENOELBRECHT: Any questions? Thank you. r ' A 20 this we an count coming at us In the text year and, 20 Mr. Vento s 1.Martin. And,if you wound,give us your l �'.; 21 hopefully, in years to follow tu4 In fact,you might 21 name and address for the moral,please 22 find you could do a project sooner than rive years if it 22 MR.MAATN: My new Is Vernon 1 Martin. I 23 were 22.6 million,and we'd really like to give you the 13 live 312 South Carroll In Denton, Mr. Crouch was 24 flexibility that we would have more projau waiting in 24 absolutely correct when he said that transportation is not 23 the%ingi. 23 a 0amamu thing. But It's been lorsg understood by urban PLANNING AND ZONING OCTOBER 13, 1999 Page 81 • Page 84 t CAndenlelt"' Page 85 Page 87 1 and suburban plsnnen that the Infrastructure and i e way I a youry rerun. You an be Adios your bike and suddcnly you f 2 that a city Is dalgnod bas a k%0 do with the outcome 2 turn lbe qe of driving and suddenly you want a car. You 3 of the cherocter of it Cumendy,then is on the table 2 know,11 doesn't have to be that way. And if were reauy 4 a proposal to put In bike pains and some bike lance. 1 1 concerned about getting people out of their can,we have 3 think what aeryone moods to consider is the type of f to glue them a safe and convenient alternative, And right 6 effec ts and the type of multi that will happen it we 6 now Denton boa none and I don't we it being especially 7 concentrate on simply bite peps. K'ben I talk about bike 7 effective having bore paths that art running across town 1 paths,I'm talking about paths that am off the road,like 1 out of light. I man,it trootes this image that bikes 9 going through pwm of town that driven and can will not 4 ara't a legitimate form tt tnnspomanlon. Whereat if 10 we as opposed to bike lanes,which st adjacent to de 10 they wine slongskle of roads and slonstide of soc%slkl h I1 rood. I I would crate that IF I I think it would also Improve the I1 People are funny cmatura In that w,c'rc very 12 quality of Ufa in Damon. So dunk you for yxwr time 1 T suggnlive to people driving In can,wbem de only people I) MR a+aetaaEart any questions? 14 driving in can arc not going to think outside of dot 14 Ma COMM. Nst a comment. And your point 15 box. They're not icing to think of any alternatives. But 15 is w-d taken. As I sec it as for as Impression goes It 16 if d,ere's bikes,people on bout traveling on the same 16 they have nvo dtflerem functions and one of them is 17 road or people wa7dns on sldewalks.dot Siva them the 17 recreational and are of them II as an slarnote 11 idea dot,ch.well,!could be on a bike,too. And In on 13 trampomation form, And f think we defintoely need b 19 area shot Is pan of an alr-shad region that has 19 con nkfrr the Latter at the time time and dot's what we're 20 consistently becominS mom and mare polluted,today was an 20 trying to do with some of this. And 1 think that's what 21 ozone action day, I than,the National Ambient Air 21 your point Is Is that we neod to look at h more as an 22 Quality Surndards have exceeded national standards for 22 alternate farm of trampoMUor than Just a recrestlonal 23 what we tonslder safe,especially for chtildnm and people 22 activity, 4md you brinS up a good point and I'm Slid to 24 with respintory problems sucb as asthma. A's rally need 24 bear%bat you hod to say. 23 to think about the effects of bike paths versus bike 23 Mm MMttN m's also important if%t arc Page 86 Page 88 I lane, I going to be starting to think about mass transit,to 2 Bike lamm and sidewalks actually do another 2 interface alternative fonts of transportation such no 2 thing,also. They've ban shown,and urban planners have 3 non•motorimd forms of transportation with that. So i! e found this out,that they actually slow traffic down, a not being something you would have to drive to to Set on S when people sun to we people on bikes and people S mass transit, but something that you could ride your bite 6 walking aloes the slde of khe roods,they're mUze, 6 to or walk to. Thanks again. 7 wtlk wait,de stray aren't lust fa can, They're fa 7 Mlle ENGELBt1ECMfo If I might,Mr, Martin, S people. And this is something thet I mink Denton Is 1 obviously,you ride a bike around the City. Are there 9 sorely lacking. I come from a small lower In t aVomia, 9 great or the City where we eould do better In terms of the 10 Santa Cruz, that has bike lanes on every mad. People are 10 facilities to store your bike,that act of thing? gl? I l user!b bicycle b eing tit the rod, Tbry knew bow b 11 Ms.MARTIN: Yeah, Tilem's virtually •- then's a 12 drive with dam. Thee was s conference last night where I2 nice Gale bike rack out here In front or City Council, I T a couple of the unhveniry professors where I'm from sold i T Unfortunately,if you get more than like three bikes, 14 that they would be utucb more wiMns to ride a bike if it 1e you're starting to have to chain them to signs and things 15 wassailer. The reason it's eat safe Is because people la 13 like that. I meant,it would be nice and It would be wise 16 Denton don't expect to set bicycles on the mad, A 16 1 think for small bull lease f to put a newly type of 17 gentleman woo just killed previously in Dallas. Tlem's 17 remodeled bike racks to that It would encourage that. II no bike lanes on it This isjutt o ceighborbood drive 18 And,you know,pedestrian Writ:Is excellent for local I 19 If people were more cxpecdns b see other 19 businesses. That's long been known. ' a 20 people on the rood besides tan,it wound slow people 20 MIL ENGELBRECHTe Thank yrou. Is this Pat.- % +' 21 down. It would crate a sense ref alternoniva. And so 1 21 is it IAw. If you would give us you name and address 22 encourage you to consider this when we start throwing in a 22 for the record. 23 Id of money Into bike perdu mot are away from the 21 MS,IANOER, Yin Pat!.anger and I live at 3211 24 roadway,that aren't visible from driven. I man,we're 21 Montailo. And I was recently a part of the CIp 23 very suyetuble You know,you can Srow up In America as 23 Committee,spectfially on the facilities branch of the PLANNING AND ZONINO OCf088R 13, 1999 Page 85 •Page 98 1 � I y (, i Couden"Itts' Page 89 Page 91 I Committee. I was very gratified lo see that the library I for it. It 2 turned out to be the bigh priority or our Committee and 7 So I just wanted to tell you that you need to 3 unanimously to, It silo seemed to be the very top item oa 3 visit that park. I don't••as I Bald,l don't enjoy 4 all of the polls that came In frost people around the Clry, 4 swimming. I like to go watch my children and S "1 they strongly felt that the library bad to be S grandchildren swim. And when you go to this park,it's an 6 expandod or a Dew faibty bad to be fount. I also want 6 all day affair. it's not just Jumping In the water, 7 to point out the north bunch librrty was something that 7 twimming it little while, laving It's a picnic. It's I we.promised to tloese people many years ago. And somebody I sitting enjoying a group. As this group of 40 people 9 pointed out earlier that the south branch was built 9 were then,from Denton for a family reunion,they were 10 because that piece of land was donated. 10 picnicking, They were there all eay. So It's like a day 1 I My point of coning up bee today Is because I I at the bath. So we can't bring the gulf coast up here, 12 I'm to disappointed at%bat we an supposed a be as the 12 but we can have a water park. It was low-colored. 1 13 "boduling or getting this bails. We're In the critical 13 mean,it blended with the water. There wasn't any huge 14 funding spot but we're In des fifth year of IwOns a 14 chutes. It was just a fun,fun place. And 1 just think 13 usable fee iliy and I think you realty beve to pay 15 that we have the Icon of Eureka Park. That's it wood icon, 16 attention to that. 1 realize it was exptalred to me Out 16 wooden icon. But we can have a liquid icon with this i7 its a big cbuck of money and this is—we can't tad a 17 water park. And I think it would be great for Denton and I I bond that big until the filth year. Please think about a is I think we ought to go for it. Thank you. 19 creative way to do this and maybe build pan of that Food 19 MR ENGFtORECHT: Any questions? 20 Llun. If tat"a out to be the facility,to that this 20 MR.RISHELe )lust no enthusiasm whatsoever 21 library down here can be,a kiest,a link bit snore 21 MS. NELSON Not at all. Well,they laughed at 22 usable and that they can bavt some brsathlna nwm if you 22 me because when Owen sold that,I have a low rooftop and 1 23 would just maybe even finish whatever new facility that we 23 said,gosh,I'll just get up on the rooftop and about 24 get In stages,to that they can have some br addng spat 24 about this So they've leased t to+ Id. 23 within Ore next Gve years Its a very critical 25 MR.ENGELDRECHT: Ryan Buck, Page 90 Page 92 I situation. I MR sucici I'm Ryan Buck I list it I I I I 2 MR ENGMRECHT: Any gtses60657 Thank you 2 Eagle Drive,Apartment 12 in Denton, I've lived here, 3 Eric Juncey,Is it? 3 been a either of Denton for four years, also a podestWo { 4 L'N'IDENTIFIED SPEAKER. Its a not here. 4 and a cyclist In Denton for far yea". And there are a S MR.ENGEtutrw: okay. Martha Lynn Nelson. S number of things that I feel treed to be addressed in your 6 Ms NELSON III. My name Is Martha Lyon 6 consideratloo of this proposal done by the Transportation 7 Nelson. 1 live at 2603 Brookfield. I've boxes there for 7 Committee I think there's throe main points that!tad to I now on 40 years now. I grew up In Denton. I lived at 924 I be ccosidered. The first one being safety. The second 9 North Elm Street,then at 2271 Scripture Street,and then 9 one,economics. And the third one,the anyhru tort. to we built our house where we are now and so 1 feel like 1 10 We live on Estate Drive. I live actually on I I know the City pretty well. When I was growing up,there I I the corner of Welch and Eagle which Is a say,very busy 12 wrnn't facilities to learn to swim. My parents didn'I 12 intersection with uNT students touting in with all thud I3 swim,so 1 rally didn't learn how to swim until I was In 13 trsffre. It's a very dangerous Intersection We sec,on 14 college, 14 average,probably a wreck every other day. Also,there's is Now,I was happy to serve tat the c1P committee 15 a lot of pedestrians and cyclists that treed to cross 16 and wanted to serve on it mainly tx ;au se of my Interest In t6 Eagle. Thug is a problem I we on a daily basis where I? the library And I'm ttill Interested in the library but 17 students,families an trading to cross Eagle Drive and do I when we visited that Chisholm Water Park,dl of a stddm II it in a very dangerous manner. Thcre are no crosswalks on r 19 it was kind of like my heart leapt and I thought,this is 19 Eagle Delve in between the roads of Avenue C and Bernard / A 20 a wonderful thing De 20 that we treed in Denton. And so*ben our Street Thule are the only two crosswalks so we're ( f;- 21 Committee met and we figured all the other needs,we said, 21 dealing with a couple of city blocks where there's 22 e.4 it's$4 millloo. We really shouldn't put"I In this 22 absolutely no access to safely cross the road. 23 year. But then when we talked about the critical 23 With this in Ittind, I'd like to draw attention 24 notduncfed and(Yuen Fulton said,to for it. I said,if be 24 to what happened in College Station just this past week 23 can go for it and we'll So for it,I know that.we can to 26 whom some folks were kil led by a striver,a sober driver, PLANNING AND ZONING OCTOBER 13, 1999 Page 89 • Page 92 1 I � CoOdtroael2"' Page 93 Page 93 i somebody the'was just joins down the street and there was I Worth area and soon it will be knocking on our door,as t 2 no crosswalk. There was no ddewalks. And, 2 well, This is somethinj that should urge,you know, I unfortunakly,them people died because there wasn't this 3 certainly hWen u4 all to start building these bike lanes 4 type of infrastructure in place. It saddens me that 4 and building them sidewalks to provide alternative 3 there's no infrastructure like this In Denton because I 3 transportation. We all realize that can pollute. And we 6 think we have a Sat of pedestrians. I was looking at the 6 all realize that cars need oil and people don't always 7 per capita Income In the demographics of Denton and it's 7 dispose of oil properly and they'll accidentally spill it I $16,761.00, Well,with that type of per capita Income, B In theh gram or whatever. That rise corrupts our water 9 you know,a lot of folks just can't afford to have a car. 9 table. Is that ati I've got? 10 They depend on walking. Thy depend on their bicycles. 10 MR.ENGELBRECHT: That's it. 1 I With that In mind,I think,not to have something,you I I MR.BUCK: okay. 12 knew,as unfortunate as what happened in College Station 12 Me.ENGELBRECHT: thank you,Mr, Buck, 13 Kapp xi In our community,I think we oeed to make drasik 13 Appreciate It Any questions? Yes,Ms, IGinoferson, 14 changes in the providing transportation alternatives and 14 M9. KA1S'rOFERSON: 1 just wanted t0 thank you 13 making our transportation much safer for our citizens. 13 for coming. So many of the••in fact,all of the cip 16 The second point I'd like to talk about is the 16 members that served on the Committer are all citizens that 17 economics of getting these bike lanes. I went to the 17 we have done many times for their active voluntarism. I I economic development workshop. I guess,a couple of weeks 18 And I'd just like to thank you because you're now on my 19 ago and a lot of people were talking about how ate we 19 list,you and Mr. Martin. But I'd like to thank you. f 20 going to au nct new Industry, And I thought this was 20 really did eat urhTstand the subtle distinction between 21 very inter ,with Incentive packages and tax 21 bike lanes versus paths I now do and I understand that. 21 abatements and all these things And one gentleman 22 But as we,hopefully,maws forward to this,could we 2) brought up a very,very good point and he expressed■ 2) please, and count on me calling you so that we could ask 24 point that the necessity to have amenities. Well, bike 24 you to jet involved in a more hands-on way. But thank you 25 lanes and sidewalks are amenities that this City has to 23 for showing up and speawng. Page 94 Page 96 1 have that makes a city attrarlable and livable for any I MR BUCK: Md I'd like to refer all of you, 2 business looking to amt up shop. Instead of using •- 3 if you have not looked at thls,this Is a Comprehensive 3 sinking our money,or maybe not sinking it,but putting it ) Plan from 1993 that was presented and drawn up by 4 Into these incentive packages,wt recd to start looking at 4 somebody,Todd Parton,and this Is made available to all S how we're goin j to make this a more livable community. S of you. Actually,a friend of thine picked it up. But I 6 And by building these bike Isms and by building these 6 encourage you to took over this end kind of get some ideas 7 sidewalks, I think that we're going to make it a more 7 on how we're actually going to attack this lux. I livable community and more attractable to the types of I MR ENGELOKECHT: Thank you. Jae Mulroy. 9 Industries that we want to attract,and that being 9 MR.MU OY: My name is Joe Mulroy. I live at 10 non-polluting industries, that being technology indus'ry, 10 1191kidoecrest. I'd like to say good evening, Council 11 things of that nature that are going to help the City grow I I members and Commissloners. These are not my remarks 12 and develop. 12 We're going to run enough this at high speed. As before, t) Also,another point on the economic note Is 13 I'll reiterate one of the most sppWing aspects of Denton 14 the actual support that the Idea of walking and cycling 14 is the sense of community. And I would say in the last IS pretty much kads people to support their local businesses I i two years there's been more than ever,a unification of 16 and not driving to places like tuewisville to 10 to the 16 penonalilles and different positions In approaching the 11 nall They can go to specialty shops or whatever, They 11 problems,that we all are looking at together, And now as 1 a can go to local grocery stores, They eon support Seal IS we reflect on the future through this Bond Committee,I r 19 business through this mans. And by,obviously,walking 19 want to compliment you on a beat selection. It's a d 20 or cycling,they're roducln j also the amount of traffic on 20 tremendous cross-section, It embodies the whale f;. i 21 our main thoroughfare here In Denton. 21 community, And then our neat point is just keep in front 22 And the last point I'd like to talk about Is 22 of you when you look at these is understand all them 2) the environmental aspect of this. We realize that there's 2) projects in IN percent eitiaen-driven. Thad are the 24 a problem with the environment in this part of the State. 24 people and you've got just a numerous amount of inputs 2s The tm has been coming down very hard on the Darla Tort 23 represented to you dtrottgh your Committee. PLANNING AND ZONING OCTOBER 13, IM Page 93 •Page 96 t f CondeflSORTM Page 97 Page 99 1 And from that point[just want to urge you to I Ins bicycle line from Boulder to Denver. I mean,I don't 2 look and adopt both tiers And from s point where if you 2 know how many people would be willing to ride from Denton 3 understand that we can't••the 11me In the pipeline for 3 to Dallas on a bike lane. But it it were dhaa you might 4 your major transpmn tion projects,just for example,if 4 be surprised bow many people would do that One of the S it's In the third year of your bond Issue before you get S reasons I don't drive Is because I have no Ins ndon of 6 funding,and when you look at right-of-way purchase, 6 getting out oa 3S in a ear or a bkyck Nglu now, It's 7 engineering,contract documents,bidding,Into your 7 jwt ridiculous. I don't tike sitting around a parking 6 turn-key abil ity to use a new road,you're talking another a of 9 three to four,five years. So some of thew projects 9 MtL sNaEMECtm thank you. Any questions? I o you're seven to eight years out in the Incubator. So it's 10 Mr.Ristel. I I time for Denton to be forward-thinking rather than just I I Ma.usHEL. is out rum criteria that we've 12 plain staying even because if you play staying even, 12 established of a f ve-foot sidewalk and bike path,Is that 13 you're already five yeas behind. So I urV you to take 13 adequate rot us M you feel? 14 on the challenge of leadership and go to the community. I4 me.sMtta i don't bebeve to. I mean,I 15 You have a Committee here that's rady to lick out(lie gate i 3 would like to sec,as Vernon said,can and bicycles I6 with this and we'd like to we y'all charge on with It 16 Wisiling,riot necessarily mingling,but I fat tee's 11 Thank you 11 some major streets that should have bike Iona on the 16 Ma.ENGELBRECHT: Are there QWiena for Mr. Ili street 19 Mulroy? Thank you. Marshall Smith. 19 Met arsnata what would be sdoiluese for two 20 MR.SMr111: My name Is Marshall Smith. I live 20 bikes to pas safely and still allow foe walkers and 21 at 604 Pearl Street. And the bicycle has been my 21 whatever else? 22 principal mans of transportation on the streets of 10 22 MR.aMttn it looks to me about the width of 23 yen. And I talk to quite a few people all the time, 23 a regular ear Length. 24 that's my thing,and the general consensus is when they 24 Mat waELSaUM: ore questions? Thank you 25 find out that I ride a bicycle on the struts of Acton Is 23 tent Price. Page 99 Page 100 1 either how brave 1 am or how foolish 1 am because,as I Mil Fuca My name 4 Gene Price,725 2 Vernon was saying,it's just not pemived as being safe 2 Chisholm Trail. What I'd hk,to toy is 1 can support 3 to ride a bicycle on the sheets of mton. I care 3 either or. It doesn't rally matter is long as due's no 4 absolutely mo bbout recreational bicycling. 184911 4 new taus Taxer am the concern. We base dcvelopaa S the exercise i reed just getting around town. But 1 would 3 tarring In bee that ass having to give park lend,scb&4 6 like to propose the We of build it and they will coma 6 land,you know,ads that you know,naything it seems 7 1 think it would be °1 mean,people would be surprised 7 like And the sat ose an going foe f 100,D00.00 and up g how many people would be willing to do oche then 6 almost. So non tax"are going to make h even more 9 recreational bicycling,would actually use their bicycles 9 unaffordable for people to buy a new bona We bought an Ili for transportation if it were peteeised that it was safe 10 existing bane,boskady,because there wee no new bones 11 to ride a bicycle on the streets of Denton. I I in the prke nnge sus nailed. 12 When I fur moved hero Carroll Boulevard 12 The bike lama and ate that sounds real good, 13 wasn't open yet. It was a great play to ride. You could I3 but don't forges about dic recreational lanes. 11's to to 14 •• it was wonderful. I don't date go on Carroll 14 the Sam parks all the time and the kids just lone than 13 Boulevard. I don't date go on Eagle Nve. I don't dare 13 to do their bSa and all. In fact,wt,basically,bad to 16 go on University, And sometimes I have to go way out of 16 live It a Sera park for 13,20 days and what sou so not 17 my way to get from point A to point B to avoid some 17 was we could have all our stuff oaL No problem. Emn'I I6 particular assorts that are',tst really unsafe, And, I g worry. No big drat Moved to town In the southern pan r 19 like I said, I tank it would be rally surprising if the 19 of town"on Wiltowwood, Wife sun vacuuttdng and tort A 20 City of Dcnton could put some bike lanes IN how many 20 threat bocce,you know. So there was a Ins of foot trafrk f 21 people would be willing to get out that and actually 23 inn but,you know,you've got to be earefut of what type 22 transport themochves via,you know,In it eery 22 foot tnfrk you want,be. 23 environmentally sensible way to travel, 23 We like the sidewalks. That would be a real 24 In fact,it boggle the mind,it you've ever 24 good plan. Pretty much everything In the pion Is real ZS been up to Boulder,Colorado you can ride on the freeway 2S gear and I hike IL It's Just I don't want to bras to PLANNING AND ZONINO OCTOBER 13, 11999 Page 97 - Page 100 i 0' ) it t COndt6aaclt`" Page 101 *Pop 10) I pay new taxes because we Just got Iowa taxes from the I am some of the things I tally enjuynd being on ibis 2 school, We got lower taxes from the Courtly. And to 2 Committee because I fat that Us Is a very knponani S Increase City now would mot be a good thngly Maybe we ) uwa, 4 could get some private donations or something for some of 4 Very brklly,again,I think Ms.Euline Brock S this stuff. lust whatever we have to des creatively to get S surd that the lip uhet we base presented to you Is a 6 it done without tax inerems because a small tax 6 h;l of pads,sot wane. I think those needs are 7 Increase could be a major blow for a middle Income fahrdly. 7 something tat,again,we nand to improve tenon and I And people arc barely able to afford houses now because a continue to make Denton a groat community to live In. At 9 affordability Is just out the window, a you might know,name of you mlgbt know,my company hat 10 The one thing that 1 know that's not on this 10 decided to Invest to at community,as well as In the I I plan but I was wondering and I'd suggest to you to look I I mall. w'e're join,to Improve our center, The fawn 12 Into would be a bike path of some sort from the City to 12 we're going to do that again,4orpontely,we Net that I S the greenbclL If we could somehow or another push the 13 iris Is a very wonderful place for business,as well is 14 State a somebody to get that done. I think the Parks and 14 is cures And I personally feel that the f)4.a is 15 Wildlife is a wonderful group to work with. We've stayed 15 sametldng essential tat%v really mad to move forward 16 In many of Lose parks and they're just great, So If 16 with. And as a citim speakJng,1 definitely would be 17 maybe y'all could do a partnership or something Thank 17 willing o pay my chart of it t'll be happy b answer Is you. 16 any question. 19 MR. E%GELDKECM: All right. Thank you. Ray 19 wt tuansarctrt comunissioners,soy 20 1lcjamno 20 questions? Connell members? Tbank you. Elitism Moons. 21 MR. 0VARAN0. Good evening I come to you 21 Is there anyone elm%be would eke to speak with regard 22 tonight.. first of all, Ray&Jammu,2021 Landry Clrcle. 22 o the Capful lmprovemrnu Program? Anyone ette who 2) 1 come to you tonight wearing numerous hats. Fret hat 23 would like to speak? 24 is a Ctt committee menher and a co-chair of the 24 sat nn rom soy wise is Edwin Fulton. I've 25 TranVorution Committee. Next, I come to you as a troll IS tarn bas all my life to far. I live at 729 amnwood. 1 Page 102 Page 104 I manager 'kn Triangle Mall. And lap,but definitely I was asked to be on the Committee and -+crved on the 2 not least,., ttim of this fine community. I fuss 2 Committee. I sent out,passed out a to aformation 1 came to Ool lion Triangle Mall In Denton back In 1991.92 3 sheets,got a lot of them back and this hs,ue has got 4 Back then I came luck as am operations manager and t was 4 something in it for everybody. [I's really a more S very fortunate to come to Denton. D thought Denton was a S complete bored package than I've even seen in the past. 6 great community, wonderful place to life,wonderful piece 6 And,true,the library got a big chunk of it but,I mean, 7 to mist some children, 1 was then promoted end 7 the library,the Emily Fowta Library that's down there a Imasferred out for four years, When I got the 9 has been added onto a couple of times but,I mean,1 can 9 opportunity to return to Denton back In August of'96, 9 remember that way back in the Us being downs them. So, 10 definitely,l jumped at the opportunity to do to basuse, to you know,it's just something that's a mad for the I I again,I knew that Denton was it great community to live I I community. 12 1rs. 1 currently have a daughter in the Univenity of l2 And as far as the water park,I've seen them 1 S North Texas and a sort that's a senior at Ryan. Sa I'm, 1) In different places and it does attract a Sot of people, 14 baslcally,committed to this community. 14 Some of the big hotels In Las Vegas his something similar IS First of ail, I'd also like to thank Jerry 15 to entertain the kids while the other people do other 16 Clark, Jerry has taught me a Id,being the Individual 16 things. And it's different so it's something that 17 responsible fa our on•system. I've learned a lot from 17 occupies thole kids and keeps them from doing other 16 Jerry, Ile gas me a lot of material to study and he gave 16 things, r 19 me about that much material,but it's a very important 19 As far as••1 served on the transportation / ' A 20 thing that I had to go through. I echo what my fellow 20 part of It,and as far as shut,there's lots of need out (�'- ; 21 Committee members have said as fa ae whet we feel is very 21 there and there's lots of stuff we need to look at. And v 22 important to this community and continue to make Denton a 22 ate of the things that wore back at a lot of surveys I've 2) great place to live. We've boon Involved In surveys. 2) sent teat was euVwest movement In the south pert of the 24 W'e're been Involved in public mortirvgs, studying,lice 1 24 community. And.you krtow,there's some funding In that. 2S mcotittned,s lot of things we needed to loam. And Lose 211 And 1 hear people wantlrlg bicycle lanes„well,that's PLANNING AND ZONING OCTOBER 13, 1949 Page 101 - Page 104 i J i � f it h 1 t: �k I Condenseltn' Page 105 Page 107 I something that••1 don't think we restricted that on 1 century when all roads were toll roads. And we decided as 2 anything In there so,I'd have to support It all the way. 2 a society that there were some things that socety needed 3 And I don't know about the tax mcreaw or whatever,we 3 to pay for that wen sufficiently useful that we ought to 4 might survive It without it,but. 1 man,the voters are 4 ••that they were societal coats. And I think that this S pretty sharp,so they'll tell us what to do. i Is one of them• people told us at Hurst that 6 MR.ENGELBkii Thank you. Any questions 6 their maximum is 1,472 people it day. 7hat'a all they can 7 for Mr. Fulton? Thank you. Is there anyone else who 7 handle. That's all the filtration systems will handle•- 9 would like to speak? Yes,sit. 6 not u a time,a day. When they hit that number,they 9 MR.SELEGMAN: Gus Selegmart l live at 916 9 close the park, So like all sorts of historians,l fancy 10 RAecrest Circle. I was also on the ear committee• It's 10 myself a mathematician and I can still do simple 11 not wrneth[no I agitated or even asked for. I was asked It multiplication,so 1 projected thls over 90 days. Opm 12 if I'd do it,and for reasons which have not been quite 12 this park for three months,90 days only. At 1,472 people 13 clear to roe,l agreed It has been,by In large,a very 13 a day,all we would be drawing was 132,480 people. Now, 14 Interesting experience. 71e point I want to make is In 14 that's almost twice the current population of Denton. 15 favor••It's a point that ham't been made about the 13 think that's a reasonably good number to seriously 16 water park. I have one child. She lives In New Mexico. 16 consider. If we project over four and a half months, 17 1 he"no grandchildren. I am at an age when I have come 17 -,which I believe we could do. The reason they only do 18 to realize that members of the opposite sex secretly dress 16 throe months is they have trouble getting high school kids 19 me with their eyes. This[is way of saying --it's away 19 to work when school starts. We have two colleges and we 20 of saying that t am no likely to spend a whole lot of 20 could draw on that as an employment,that sort or bass 1 21 time there. Actually,I was sitting then thinking I can 21 fifeguarded through school. If we do four and a half 22 think of one reason and probably only one reason why 1 22 months,we're looking at 176,640. 23 would ever go to the water park,and that was if I were 23 At the surface this looks like a frill,and 24 really truly depressed What 1 saw••I came onto this 24 maybe in a lot of ways It sort of Is a (nil, But I don't 25 Comminoc thinking a water park was about as dumb a thing 23 know about you guys,I don't particularly like cake Page 106 Page 108 I as I could think of,frankly. I came on thiriting that I without king, Thank you. I this Is somet hno that Wet and Wild ought to do or that • 3 su waetaaecatr: Any questions? Thank you. 3 Six Flags ought to do or that somebody else ought to do. 3 Is them anyone else who would like to speak,address the + 4 But this is not nee"sahly a particularly civic 4 Issue of the nn if not,I do want to review,there's a S resronsibiiity, S number of individuals wbo Dave presented cards who did not 6 But then they drug ine off one Saturday to 6 want to spenk. I lave t.acey Stokes who to indiming 7 thirst. And 1 have delusion.orgrandeur. This wt4 kind 7 support Caawmnt : Implementing bike kirks would allow 8 of a Dama+cui experience for rise. Tien arc people there 8 for safer transponatimn via bike and promote dtmmstive 9 truly enjoying themselves,marvelously enjoying 9 transporation. Bob Manning simply Indicates support. I 10 them..o ivies. And I thought,gee,this would really be nice 10 think his Tun McClissy simply indicating support. Oh, I I for a city to gel Into the sort or business of nuking I I It says ar funds foe bike lanes and sidewalks. Holly 12 people happy,making families and children happy,things 12 Parsons Indkadns support for bike lanes and sidewalks. 13 like that. And It is also the tort of thing which I fear 13 I believe Mr,Parson bar been at work again tit round• 14 if you were going to structure it at a price that people 14 Cberyl West Indicating support for bike lama. Nathan is an afford it's not going to pay for Itself. It is trot 15 Derseas indicating support for••the ceaunen4 bike Sena 16 going to be something that you can map" initial 16 can prove to be a plus fa Denton• People wbo ride their I7 investment with, 17 On and get to places are reducing the amount of l8 The people at Hunt made It very clear that by t 8 polutkm the Denton tea recelva. And finally Eric t 19 charging a relatively low figure,they draw enough people 19 luncey Irdicadng support for sidewalks and bike Lana. J ' X daily to pay for maintenance,to pay for labor costs,to 20 And with that,I will close the public hearing A' `• v, 2 t pay for utilities,to pay for that and of thing,but they 21 and ask Ma.Brock If sbe would like to make some summary 22 don't INnk they will ever get back the cost, Nell,I'm II remarks and possibly answer any additional questions tot 23 not sure that we ought to even think in those terms, 23 snishl ova arisen as s tauh of do pubue Input 24 frankly,if we are Inlerated In getting back the cost. 24 sea mtoae i will just go dawn and address a IS I'm a professional historian. 1 an kook back In the I 13 few of me Isom that have ban raised and magus answer PLANNING AND ZONINO OCrOBER 13, 1999 Page IDS • Page 108 I t' t. it �I ii COO densel t to Page 109 Page 111 I some quxations, But first I want tel say that I'm really I put of Our proposal. s 2 gratified that not a single person came up here a sent a 2 Out Selegman,I enJoyvd his coounn:ts very much 3 card and said no to the list itself or to what we were 3 and enjoy tat euppuL But I will have to soy that we e proposing. And that's very,very gratifying. a never used any eprstlo-.except aquatk center until the S Nix,Martin was pointing out the Imporunce of 3 Record{.'hronkle came out with water park,%bleb make 6 bike lanes as opposed to bike paths. And I want to say 6 people tNnk about Wet and Wild and that sort of wig, 1 that we do have considerably more money allocated for bike 7 which we're not proposing et all, But I want so emphasize 8 lanes rather than bike paths,but we're also hoping that 8 that dx aquatic center would be part of a joint venture 9 those will be linked so that the bike paths,which Implies 9 with Dno and would invol.v Oso a year-round swimming 10 just recreation, will also serve so a function of our bike 10 pool,a joint sharing of faciktie. So h's very much s 11 network all over town. I I lerga community facMy snd not just a water park for 12 Pat Langer expressed some disappotntrrtent at 12 thus or feu and a half m ndw even thoaeb that would be I) the complete library project being In the fifth yew I) one aspect of IL So we intend to er:phasize very strongly 14 because of its loge cost We're all very coecemed on 14 from two day.John,aquatic center.aquatic enter, 15 that, about that and we've come up with several proposals IS aquatic center. 16 that are not really finished yet because this process Is 16 Thank you vrry much and I would like to Invite 11 not finished,but we're hoping to alleviate that 17 Tim Char;a,l've been klling everybody bow wonderful he 19 situation. Everybody is canceired about il. to is and so far I haven't given him a change to say 19 1 think Ryan Buck mentioned the issue of 19 anything. 20 sidewalks on Eagle Drive. And 1 go up and down there 20 MP ctuxles thank you. My name is Tim 21 every day and I'm really aware of that aril&%we of the 21 Chalks and actually what I would like to do is,first of 22 deep trails In the grass that have been worn. Put, 22 all.mcognire EuLne, The City Cowwil thou wisely. 23 *cruelly,In our last bond issue,the'96 bond issue, 21 F.uline,obviously,is extrerxly knowbdgnble and 21 there are funds for a sidewalk from"Welch to Carfoil 24 extremely cemmitted to dl t City, I'd also like 10 25 Boultward which will help considerably. That's where the 25 Compliment you on your choices of members of the Committee Page 110 Page 112 1 doepest tra'ls tire. But it has to wail on drainage I because they are,nbvkwsly,Intelligent and have malty 2 improvettrrots. You know,we can't put the sidewalk in 2 worked very hard to presera something which 1 think is ) until the drainage work is dune and that gas through the 3 supportive of the quality or lire lore. I really don't e utility. And 1 know it's kind of tiresome to wyit for 4 have s gra +dal to add In sums of spailxs :kink S that,but It is already funded and••that pan of it. So $ it's been sold, Thank you very much, 6 we need more, but that's a big chunk then 6 au tNnetanrCttt Thank you. Count it member t, 7 Appreciate the comments of Mr. Mulroy who,u 7 Commisrknen,did you have any other questions? I most of you know,was chair of our '96 bond Issue and 8 M00A MILLU rd just l lee to make a comment 9 know s what the Committer has done. 9 before we lave. Thank yc u very much.Eubne and Tim and 10 Marshall South,we want to second it,his 10 all of the pa pk wta work salon ibis. ObNausly,h was 11 "build it and they will come" approach to bike paths, And It a tmrondaus,tremendous job, We tsanat words sally 12 In the com erastion with Mr. Rlshel,you were asking about I2 don't express how much we do appreciate what you've done. I) the width of sidewalks, Even though people Inevitably do 11 Now,the ban Is in our courts. We have two courts berg. 11 use sidewalks as bike lanes,they're not considered 14 So I would like to+tier this*the Couto.,ssicrers for their 15 synonymous in our proposal. We're thinking of bike lanes 13 deliberation loniebt. t anx ally— I'm sun the otber 16 as being out on the stmt having a section of the street 16 Council members do await your ncommend.uon And we wilt 17 or a separate secllon that would 14 a bike lane and 11 be visit rag th s subJe t wide groat anticipadon next 19 certainly would serve that traffic calming device that 18 week. So on behalf of the Council and behalf of de 19 other speakers spoke of, 19 citizens of fknion,dank you very,very much. 20 To Mr. Price,his concern about the bike path 20 sir MELD M thank you,Maya,Council ( � 21 going to the greenbelt,that, specifically,Is in our It members, 22 parks proposal. The linkages, the word linkages that's in 22 sir wtltuws he!'on the Council Inver,I { 23 there,it major part of that would be to have our In-town 2) would jusl Ug to clank der Council for seining, And last 21 bike paths join up to the gmenbelt bike path U goes up 21 wrek I attended a planning workshop. 1 tww know 23 from 380 up to Lake Ray Roberts. So that's very much a 2) everythiry about planning after a weekend. But one thing PLANNING AND ZONINO OCTOBER 13, 1999 Page 109 " Page 112 Condensolt' rrirs • Page IIS I that wu recommended was that the Plenring and Zoning I funds weren't available at that lime. But I think all the 2 Commission and the City Cmncil mod at Mast quanorly to 2 atmdics of library usage show that there is a roll need 3 that we tan,at last,get on the came••gA in die same 3 for a full service library In the north branch. Also, 4 book and then we eon work and get on the tame page. 4 there's an assumption that some of the,you know,It would S Mre cockw,. I think dot's a good Ida. 5 also hold the non-public actvItles like technical 6 MR.INGELMItCHT slunk you. And at this time 6 processing and so forth and those we more expensive than 7 1 aticve the Council Is going to 4oum to other 7 Just apace. Dorothy,do y u want to add to this? g business. Commissioners, I recognize Owl we are running a Ms. DAMicO. Yes. The south branch•• 9 way behind with xgard to our 30-minute break;however,w: 9 MR.ENGF1BRFCHT: Could you •• we need to get 10 are not Onlshed with this Agenda item W. We nod to 10 it on record. 1 I have dellbtation and a recommendation and 1 beticve R 11 Ms.DAmico. In addition,the land at the 12 would be appropriate to continue with that and fmisb that 12 south branch was already there and then,of course,the 13 up and then we'd take our 30 minutes. MR. 13 cost per square foot ha gone up In those Inteneaing 14 MCNEI L puatkm. The action Item is dial we're to make 14 yeah. So those were two other things that were Is a recommendation on der entire plan or pkxes of the plan 15 different But this one will be in excess of 30,000 t6 or what? 16 square foot and that one Is 10,000. 17 MR ENGELBRECHT: well,the Agenda Item ready 17 MR. MCNEILLr I think you really answered the 19 conelde making a recommendation to the City Counc 11 18 question because it's like comparing apples and orangn. 19 cone oil die plea Sa dun alkswt us b go about hat I9 Te functioc or the south library is much more tibmry 20 in I bclkve any manner we wish and Mr.Svebls mighl want 20 than the path library. 21 to address thol. 21 Ms.DAMICo: Yes. Oh,yes, Right. There are 22 MR.svEHLA rust very quickly,Mr.Chairman, 22 all those factors that went into the price. 13 w:put in your backup that cotalnly die err slue Ribbon 23 MK MCNFILL: Yeah. Thank you very much. 24 Commidee and the staff Is mcourerdirg to you de full 24 MR EN'GELBRECH7: Are there other questions? 23 h'stt however,you do hove an option to pick and choose. 25 Yes, W.Svehla would like to •• Page 114 Page 116 1 MR.ENGELBRECHT, And,by the way•• I me.svEHLk Included In those Costs is 2 MR MCNEILI: I'm sorry, I wasn't listening. 2 renovation of the existing Emily Fowler,o!so. 3 MR.svEHtA The CIE Blue Ribbon Committee 3 MR.mooEILL: oh,okay. That wasn't clear , 4 recomnvroded to you and the staff concuiTed that they're 4 What percentage of that is that? How much for Emily S recommending to you to full list,bath the critical S Fowler? 6 funded and unfunded Hotsever, P&Z may do as they wleh. 6 MR.svrmtA: I think there's S1.2 million stn 7 You could add to that or change it In any way you'd like. 7 aide for the renovation and Emily Fowler's 25,000 square a But,certainly,the recommendation Is for the full list. B fed or rou&Hy there about, 9 MR. ENGEt encHT: And also I might point out 9 MS.DAMtty> Yes, One Of the reasons that t0 to you,you may ask,if you have other questions of 10 coat Is so high Is that Emily Fowler does not meet any of I I Comtni«oc member or the slff,this is an opportunity to I1 our current City Code. it don riot have a fire alarm 12 bri ng those forth. I S system. It obviously doesn't have sprinklers. It doesn't 13 MR.MCNEILL Yeah. I've gal a question. On 13 have compliant ADA. n his a kind of substitute fa ADA i 4 the library,I'm still thinking about the dollop If we 14 compliance there. So just bringing it up to code will be 15 built the south library for$900,000.00 plus the cost of IS a big,big chunk or that money,of that renovatnn 16 the land,why Is the north library going to con nearly 16 MA MCNEILt: we really should be••if we're 17 S6 5 million That's six times u much. We haven't had I7 going to force everyone to do that the City certainly 1s that much inflation. I should have their stuffuptocode, 19 MS. BRGCK! Well,part Of it Is that the site 19 MS.DA.MILYE Exactly. Exactly. Auld that's 20 is very different. 20 the principle we've worked on throughout this proposal. / A, 21 MR.MCNEtLL: Is it thn much larger? 21 MA MCNEILta Thank you. 22 Ms. 9eOcx: Yes. But also the north 1,rancb 22 MA ENGEtBRECHT: Are there other questions? 23 library is dnii led to be a full service libra,};whercaa, 23 Ms.Golydie. li r 24 the south branch is much more limited in its scope,partly 24 Ms.Ox we: I believe It's a procedural ZS because there Just wasn't rw*room to build out and the 25 question. But I am curious about the additional funding PLANNiNO AND ZONING OCTOBER 13, IM Page 113 - Page 116 r Condenselt"'e Page 15 Page 119 1 foe the additional S.2 million,and what I'm wotdaing 1 building. �. 2 about is bow do we propose to do ddt when the fiscal 2 ML mokE7+0, Thank yrou. 3 information bempm says chber mvema sources 3 MR.ENGELOALCHT: Mr.Williams. 4 including option of a rut Increase of approximately six 4 MR.WILUAMS: Yes. Same gWstiotf In regards cents at Council will have die option. I'm Just wt,n,kri,y 3 to the library. Could yew give us a soanado about the 6 is the PLnn;ng and Zoning Comodasion,bow do we propose 6 options with the placement tau the cer.W of town within 7 toss in a recommendation if dot's the choice tat we 7 the north areal 8 decide to go for? I gods it's nos claril'xd to rte to b 8 MS.DAMICO I'm not trans 1 understand what 9 how we make it proposal of recommendation for the 9 you're asking. 10 additional funding if that's what the planning and Zoning 10 MA witti rtes: In other words,you said you I i Commission cbooms to to for. I I looked at different locations and the availability of 12 Mme svtttuv Ms.Gowdic,I would So back 12 property and things of that natures So we can understand 13 again and 1 think Ms. Brock addressed it at the beginning 13 exactly your decls1041-malting process. 14 of her spwbthe Council asked de.Committee to do two 14 Ms.DAmico. okay. Pion:was a recommendation 13 ddogs. Tbey raked than to look at 22.6 and then any 13 for a facility downtown that would Involve not using the 16 other critical needs. They sally didn't say to them and. 16 Emily Fowler building as a Iibrary any longer and having it 11 In fact,rally talked aboue—they didn't put It in to 17 main downtown facility. 'Twat was the one that was 18 clatge,but they told don't talk to us abut the funding 18 downtown. That one was ruled out by the Committee for 19 yet.ark to m about critical,used. And to I think the 19 several reasons. It was--the site was not large enough 20 oa xnmandaton a+you is simply based on a critical needs 20 to include the building that we needed and the p"Ing. 21 flat Including the S Uh adI ion list. So that's wby she 21 Twere would have bad to be extra land purchased for 22 cif commune and de salt is saying to you we rocommmil 22 parking. It was at the Corner of Bell and — right across 23 the Iarge list,to 34.87 Liii1V tut. 23 from the Visual Arts Building, 24 htS.00t.1tol& All right, So wt are not 10 24 M0.IIISHELi Hickory. 23 stipulate any ways In whkb the funding is to be 2s Ms.oAMICo Hickory 'thank you But it was Page 118 Page 120 t 1 resourced7 I not an attractive site for a library. The land that they 2 stR svtHU n think certainly In the motions 2 wanted to purchase for parking would have to have a 3 that were made at the Cdnminae level and that were voted 3 parking garage,would have ben extra. We ruled that one 4 on,the final discussion said we should let that up to the 4 cut for a number of«aeons. And therm was also a hire rag S Council to decide if and when or bow they might do 0a1. s community appeal to not lave the Etruly Fowler Library 6 Our charge was to do the list. 6 building 7 Ms occlar- All rlghL Thank you. 7 So we looked tl that downtown site We drove 8 MA fv0E1,11AWHT: Aft dare other qu96110647 8 past another site downtown that might have been a 9 Yea,W.Morena. 9 possibility but we found out that It WWWL We looked u 10 ma ntoacwo. Yes. For either Euline or 10 the north branch sit. We did not look at other sites in I I Dorothy,Is the Committee rocao eroding to purchase of the I 1 the north part of the community but we v here informed that I f Food Lion building at the point or are we looking at sic 12 there were possibilities,pieces of land that might be 13 possible building of new constru boo in nordie n Norm 13 available perhaps in connecdon with the complex,u part 14 or what are we asking foe? 14 of the complex thu's going to be out at where the aquatic 13 as oAmco we're making for a north bench 13 center and the schcaw district Is supposed to be. 16 library. We did look at what possible sin might be and 16 In working with all of those.err strougeA I7 ammil thou tic Food Lion seemed like it might be the 17 feelings for the Food List as the likely first choice was, It bat,but a la of that would depend on the cost of die 16 one,that the building was already constructed with the 1 19 building*ben we came around to actually purchasing it and 19 type of oonstruetlon that you need for the weight of r 20 tat was so ac&ng that we weren't supposed to do. So our 20 bwks,a heavy construction. Ntanbet two,beaux the / �'- e u 21 preference probably would have been foe that Wkulu 21 FjMnB was already sufflclent and was there. And,number 22 facility because of the things that It offered, But If Is 22 three,because the building Is them and ready and we 23 doesn't auo out to be that facility,we sill need ate in 23 could get Into it as quickly u possible because Emily 24 the noM part and tee would corn&dim buyitq land and 24 Fowler Its now Of e p'slnt what they an ram lager provide 1 23 constructing. T7row numbert an based cars the Food Lim 3S the services In tlst building kW we're going to have to PLANNING AND ZONING OCTOBER 13a 1999 Page 117 • Page 120 Coadenult"m Page 121 Page 123 I lease space for some of their things. So those wen our I I would-ya. 2 three primary rationale for making that selection. lbat's 2 mil, tKNErLL one mere, The bicycle paths 3 what those numbers--1-ased cm But If we have to do 3 keep coming up. And I member when I first mined to 4 something else,the ek' ,y would still be there. 4 Denim tbae was a bicycle path don,Hickory and we took S MA.MORENU w..at's the toll square footage 3 the away. Why did we take that away? Was it not bring 6 of the Food Lion building? 6 used? 7 MS.DA.NICC,.. 72,000 square feet. 7 tot r ocetakrm:: I doa'i know—is there I MR.ENGELBRECHT: Mr.McNeill. I anyone here from Enginecring who might-Mr. Svchla might 9 MR.MCNEILL: I"SS I don't know Whether 9 remember that. I w of do, 10 it's a question or comment but if we approve this list In 10 mR.svTin v i think I'm the one that's old I I some••either as it is or in a modified form,we're not I I enouab to son of reme nba Out. Mr. McNeill, I'm nee 12 really approving the purchase of the Food Lion. We're 11 sure cut dy what on Hickory,the ant Cm familiar with 13 just saying that's a W dollar,6.44 or whatever it 1% 13 ropy was in conjunction with some stuff we did with 14 and a million dollars is available to build a library. 14 University of North Texas. Is MS. DAMICO: That's my understanding. 15 NR aCKEILL It twW up then about Avenue 16 MR.MCNEILL• Okay. 1 think that's important 16 C and three went all ere way nearly so the square. I? we make that clear that we're not endorsing the purchase 17 raRtvrutu va,sin That was really 16 of the Food Lion. 11 Initiative that was led by,l think,then Chief or Police 19 MS. DAM1CO. No, Right. 19 Dan Mark. Subsequent to that,uNT+tally changed Its 20 MA,MCNEILL; It sounds very logical,but •• 20 focus and rally look a tot of the bicycles off-campus, 21 MR.EN'GELBRECNT: Are there other questions? 21 In fact today if you go out and look at Avenuc C,there's 22 Mr. Rishel, 22 a full-blown bike lane on Menus C, It's about ten fat 23 MR.MOW More of a comment. I'd like to 2) wide,Wee some of the folks talked about and it wenn 24 thank••don't run off••but,specifically,and first I'd 24 away. North Tease went away from that. The bike lane was 25 like to thank Euline and Tim for having chaired this for 25 replaced by puking on the south side of Hickory glory the Page 122 Page 124 1 us. I don't know and I'm sure you're both aware we have I campus. And R just was a change In philosophy. I think 2 had some Blue Ribbon Committees In the past that have not I that we tally thought there woo it way to use North Team 3 always gained such consensus and so 1 appreciate the 3 n a springboard and it went away. 4 consensus that you brought this group to and the dynamics 4 We arc coating back. Councilman CAXbtan 5 it must have taken to bring such a diverse group,at 5 proposed a bye lane on Hickory,on the south side of 6 least, In our community,together with such unanimity. 6 Hickory from about Wekh into Carroll and wire doing some 7 I'd like to thank Dorahy and Pat and Ray and Joe and lack 7 -we've added to that, Thee wig he a very wide I and Tom for all the work that they did In trying to,once 6 sidewalk on the south akfe of Hic kory from Carroll up so 9 again, lead their groups and thch committees to the very 9 the square. And I think most of you know there are going 1 to best conclusions we possibly could. 10 to be some termallons on she square,so W coming back I I one of the things that I particularly wanted I I a little but 12 to say thank you,particularly,to Fusin was addressing 12 sent MSUEL what am around,coma around. 13 the questions that people had In the citizenry and the I) MR.Dmbawrr: t might add to that,as 14 presentations that you gave,specifically,mostly 14 well, l know that the Engineering Deparmnent has looked 15 presented by citizen ptesentations as opposed to staff 15 it criteria for b Iona that are put out by the 16 presentations,which we have soretimes been a ittle bit 16 engineering g+ws and these'1 also-they've studied what 17 heavy on. I want to thank you again for the wor derful 17 a number of cilia have done. And as we rewrite the lI consensus that you brought to the group so a wb)le and the II Subdivision Reguladon,data so areas where It will be r 19 almost unanimous unanimity on the feelings thud you had 19 appropriate$0 get some proper COlris put In dust ' 20 and the direction you tried to lake and lead err community 20 Mai additionaDy-I bat my thin of ( , 21 and thank you once again for all the work that you've put 21 thought from all this. Oh,that's right. Olt,the oho 22 into this super effort in bringing such a strong consensus 22 Item was,as well as In same of Subdivision Rqutatbnt, II to something that sometimes could love been very divisive. 13 these will probably be some-I know them's going to be 14 So thank you again. 24 some people that in going to tot mquatlog that them be 15 MR.ENGELSRECHTr Are there other 41edions1 25 requirements fa bDtarelaled facilities,such 1s blue PLANN3N0 AND ZOMNO OCPOBER 13, IM Page 121 • Page 124 . —D t. S CondenseltTM Page 123 Page 127 j 1 racks or some other parking facititics and secure 1 eventual moment when someone might express an interest s 2 facilities when we have development now In the City,be it 2 from the outside. So 1 hope,Jim,that answer your 2 civic or private,to that--it doesn't do much good to 2 question. 4 build the land if we don't have any place roe them to 4 MA.ENCELBRECHT: Yes. Thank you very much. 6 park them and secure them and et oetas. So it all son S Mr.Williams. 6 of goes together and they're working on that. 6 MA Witt A ms: Yes, I;robably need somebody 7 I would like to••one final item, I know that 7 from Parks and Recreation because tonight I'm looking at 8 the••and because it's a large Item,the aquatic center 8 this u a trail and I'm kind of looking-.when people 9 Is a rather large number, I know it was made mention that 9 were so excited about it I kind of thought about 10 the newspaper used the term aquatic park,which brings up ID Independence Day when Will Smith saw this alien jet and I I •• a water park,which brings up the idea or commercial I I said, I've just gat to have one of these, So I would like 12 facilities like Wet and Wild and that sort of thing. And 12 somebody from Parks and Recreation to change my mind, if 13 I'd like to ask Mr.Hodney to come down and address that 12 they can. 14 because be did a very good job of that at the Committee 14 MR.HODNEY: well,you want someone from the IS level to explain how,why we're not going out and seeking 15 department which is me7 16 a private operator for some sort of a facility. 16 MR WILLIAMS: No,no. I'm talking about from 17 MR.HODNEY: I hope I come up with the same 17 the Committer. In other words,I think you would have a a response I cause up with the first time the qucWcn was 18 conflict of interest, 19 asked. The test is on. In fairly short, simple terms, 19 MR swANSGK: unfortunately, I didn't make the 20 it's really a function of the six of the market that the 20 trip to}lure, Everybody that came beck Awn phenomenal 21 facility Is serving. A concept,a facility like Wet and 21 how they were affected. And,again,the people that went 22 Wild is,obviously,built to generate profit. To generate 22 came back so excited IeR with an attitude that there's no 22 profit and to build a facility where you can cum over the 23 way I would ever consider having this type park. From my 24 rides in order to keep up or keep ahead of the market 24 consideration and I think from the Commitice's 25 intemt,the customer interest,and the thrills and so 25 consideration Is, ter a city the size of Denton or a city Page 126 Page 128 1 forth,it's very costly. And that means you base to I much smaller,we still have one public facility which,to 2 charge a premi"m rate to recoop that cost and still 2 me,is inexcusable. Swimming pools arc fa children 2 maintain your profit margins. And so those kinds of S it's a city's obligation to their citizens to provide x facilities,by necessity,go Into very large markets ! those facilities for the chitdren to use and it's S If you rera I,then;Is a large one now next $ ire, able that we turn children away from this facility 6 to Arlington Stadium,Wet and Wild, and then,of course, it 6 out option Is to go out and develop community 7 few years ago North Richland Hills used some of their own 7 parks and put swimming pools&ll over the arc&. It would 8 funding to build a family aquatic center,they call it a 8 cost it lot more money to do that The opportunity for 9 water park,rwt very far away from Wet and Wild. It's 9 family participation and for families to come and be 10 about ten mites away. And then Hurst has built two of 10 together,and not just spend an hour swimming,but to 11 these little aquatic centers that we've been talking 11 spend a day at a park,picnicking,enjoying the part, 12 about. The point I'm trying to make Is that the Wtt and 12 enjoying the time together Is better served by an aquatic i I Wild kited of thing is really out there in terns of what it 12 center than it is by a swimming pool facility. It gives 14 cosU to bu.ld it and what it costs to recover those costs ti an area for picnicking It gives an area for grass. It 15 and opm acing costs and act forth and still maintain a is gives an area rot Lees. it gives more than just a hole 16 profit margin. Yeah,I guess the potential is dim fa 16 with water in It 17 someox,a small-scale operator to come in and say,I'd 17 So that's the mum we have recornownded a 18 like to build a water park the size that we're talking 11 facility to Accommodate this City, And it is a City / 19 about i9 facility, it's not a district facility. And it is an A , 20 Two points 1'd like to make,It's not likely 20 option which is a better option,we think,long-wrm for /' t 21 because In the experience or other communities in simiiar 21 this City that going out and trying to build multiple 22 markets the size of ours,that hasn't happened. And 22 Paola in differernt tacos of the City. That'd our 22 that's why cities 200 and maybe much larger than that now, 2S reaxoning And that's why we're so excited about it 24 200 or more cities across the country have done exactly 24 MIL HODNEY: At Use risk of sounding like I'm 2S what we're prupoaing to do rather than wait f«the 23 campalgrtinli,which I'm not,1 think what Tim just PLANNINO AND ZONING OCTOBBR 13, 1999 Page 125 • Page 128 c l 1 Condeoselt"r Page 129 Page 131 1 mentioned to me that I think noels to be brought up is the I City and have a.tand•slooe sq-Aic park, if you will r, 2 school district essentially establishing a facility that 2 But to have a year-around facility available to the 3 wits go••it will serve Denton Is needs much better than a 3 citizens of Denton, it just made more%mse to play with 4 typical or traditional roct:ngle hole dug in with water 4 their facility,as well,and have it adjoining,not S filling it. The aquatic oem x concept is much different S actually physically adjoining but sitting text to th-r 6 than what we used to think of in terms of aquatic 6 facility. You have some commonality, You get to share 7 facilities. It meets today's covomer's needs as opposed 7 parking lots. You get to share some of the facilities 8 to what we used to need,you know,ten, 15.20 years ago, it there which lowers do cost for both D SD and also the 9 And the other thing, lack,if I might intrude, 9 City of Denton. to is remember that this project Is on the list because it 10 MR RUSHEE: And still very accessible being I I was supported by the people that we talked to. And 1 11 on a major road like 288. 12 don't mean me. I mean,the Committee and then,of course. 12 MR MOONEY: Yet. 13 the telephone survey that was actually conducted,a random 13 MR ENGELBRECHT: Mr.McNeill. 14 sample survey of 400 citizens in Denton back in May, And 14 MR MC'NERG If I understand what we're going is 69 percent of those that responded to that indicated an 13 to do assuming this was approved,the school district it 16 Interest in this kind of a facility. See that's not Ed 16 going to build••I'm going to simplify the problem••a 17 Hodney talking,that's your Committee and your citizens 17 twinning pool and we're going to attach an entertainment Is speaking. IS package to that. It that -- 19 MR ENGELBRECHT: W.Risbel. 19 MR HODNEY: BasicaIly,that's coast. 20 MR RISHEL, And 1'd like to kind of hear the 20 ]hat's what we're talking about. 21 scenario of why,and I think I understand it myself but 21 MR MCNEILG so our portion of that would be 21 I'd like for the public to hear it,of why we would put an 22 $4 million, What's their portion? 13 auditorium or a swim facility on the north aide of town, 23 MR HODNEY: Their portion is E33 million. 24 and 2 understand the logic of what the school district and 14 MR.MCNFILU It was more or less equal shares. is whatever else, in that end,as opposed to maybe in a motel 2S MR HODNEY: Yes,sir. And,by the way,that Page 130 Page 132 3 corridor or a tourist corridur that we might have, M hat I number is roughly equal to a very,very sirr lar facility 2 is the logic of that as if we Weft to put it close to 2 that Is currently being built In the City of Piano where 3 North Texas or the Radisson of where other motels are that 3 thoy're following this model almost to the T. 4 it might be a tourist type facility? 4 MR.MCNERG with the school district? S MR.SWAVSON: Let me take a stab at it and S MR MOONEY: Well,the school district Is a ' 6 then we'll let Ed follow up on it. The people at Hurst 6 partner, 7 told us that their primary customer wm local residents, 7 MR ENGELDRECHT: I'd like just to Interrupt / citimos of the City. And that's the reason they built 8 for a moment,you're talking a covered facility here? 9 the park,they built it rot their City. And the rate they 9 MR MOONEY: (tight. 71ut's correct. 10 charged was not as Ed was trying to say,Is not to recoup 10 Ordinarily,competition-oriented. I I the cost of the park but it's to make it to Cover the d I MR ENGELBRECHT: Right. Okay. Mr.Moreno. 12 overhead for the citizens to have a pisoe to come 12 MR MORENO.. Yet. Thank you. 1 guess I'm 13 together. So if you wanted to build It out clear the 13 having trouble visualizing just what an aquatic center Is 14 froeway, I think you're looking mere at something to try 14 1 know we've talked about it a lot. But 1 guess it's more 15 to attract tourism to the facility as opposed to building 15 than a swimming I ool but Less than Wet and Wild. It's 16 something for the City to use. IS somewhe a In between. Do you have a picture of the thing? 17 The logic,l think,of pulling it where we 17 MR swANSON: Yea. Two photographs actually I 18 have proposed joining With the DLSD is they stready own I I was waiting to show you 19 that property, We have already set the money aside,it's 19 MR MoRENQ 000d. ]Hank you. ` r A, 20 my understanding, $40,000,00 to acquire a portion of that 20 MR sWANSom which might give you a link 1 21 pro"for a park in that area. And then with them 2I better idea•• 12 setting money aide for that project and them saying 72 MR MORENO rm kind of thick headed. You 23 tha's where they want to put their indoor aquatic 13 hive to drew me a picture sometimes 24 facility,It just makes sense rather than to to another 24 MR SWANSON: And I'm going to alt and let him 13 pate. We could do it in a pant In the south part of the 2s talk about this. PLANNING AND ZONING OCTOBER 13, 1999 Page 129 • Page 132 'I It L, Coodenttelt"` Page 133 Page 133 1 Ma MCN'EMU it looks like Wet and Wild to I accondod. g 2 me. 2 Me.MORENO I don't andcttand the motion. 3 MR.HODNEY: Yes,it does look like Wet and 3 I'm angry. 4 Wild because some of the features arc iunilar. Just 4 MJL wtLLt,vas That's what I was gotrg to say S remember scale is probably the difference here, S because 1 tbink we-wben we start talking about fund% 6 MR,MCNaLL: I didn't mean that derogatory. 6 1 shank we're Besting out of our nation as a Planning and 7 MR. RODNEY: No,no, And I'm Just trying to 7 Zoning committee because,by Suae Lew,funding, we have e respond to the question. But that's,I&Moreno,what the 8 nothing to do with any taxation Except for another citinen 9 facility looks like. This h6 in fact,the facility tun 9 is paying them to Bet out land repossessed or whatever 10 everyone's batit talking about In Hurst, 10 property we hare, So based on the way the motion is 11 Ms,Gouit E: xids get all the run. 1 I worded,I can't support h because we're Bening Into 12 MR.MORENO: But I'm Lssurning it his some park 12 things that we have no control over. 13 land mounding it I S MR susxEL: t Inuty agree. 14 MR.HODNEY: Yes,it does. In fact,the rest 14 MA MELllsEatt: Is there Ober discUS7bn7 IS of the role that I didn't bring Includes some IS MR mcNTAL• t would look for a friendly 16 heavilytsood areas within the borders of this complex, 16 amendment to my motion then. 17 picnicking facilities,some buildings t-1 serve for 17 MR.assHELi s would like to we the motion be 18 concession,restrooms,lounging facilities. It really is IB that the Intel package of doe 534.2 ird Won be our 19 a park in a true sense, 19 recommendatloa to City Council. Taxation ham nothing to 20 MR,MORENO: And In addition to this,you have 20 do with what wire able to address. 21 the indoor facility? . 21 MR MODAL. 1.8 kays the tax CA 1 Just 22 MR.HODNEY: which would be immediately 22 have a— 23 adjacent to i4 that's correct. 23 MR wn xwmi i think h would be beat a we 24 MR.MORENO: I really appreciate this because 24 read it she way It b. Rn lew the Endings of the»and 25 1 grew up in Spur.Texas and there's no water out Uwe 2S confirm Its recommendasfona and recomunend this or not and Page 134 Page 136 1 and that really baps me to visualize I vote it up or dawn. Either we recommend it or we don't. 2 . 1AR ENGELBNECHT: I re1111y IfOM EA dial you 2 MR ENGELBRECHt: Well,we do have one 3 would carry she address for the foclliry in Hunt in your 3 friendly lunessdmenI requested and I'll ask Mr. Perry who 4 rocket and be prep-Lid to past the[out to cNryote. 1 4 was going to comment on that,I think. S sally—the first timr,1 saw that I.too,was am►md 3 MIL MCNEILL, t guess what 1 was vying to say , 6 *ben 1 walked away from n. It's Just batty a very 6 there,I think both••it's kind of like arguing against 7 inviting,sttnctse looking facility. I've taken a 7 rnothe&ood and apple pie to argue against either one of 8 number of people that since just to look at k We 8 these lists,the critically funded and the critically 9 didn't go to swim. We Just went down to look at de 9 unfunded. But I think we have some respoetsibility to say, 10 thing. And I've not taken any net person there yes who 10 because the Blot Ribbon Committee prioritized these I I wasn't just fascinoted with the*bole Ida. They looked 11 things,and so arc we not••I guess what I was trying to 12 at It and said,this lust looks IJU a V of to. And 11 do was follow along with them and say,yeah,we agree with 13 they don't even go to swim for the mat part And 1 think 13 the••and 1 probably shouldn't have put the tax increw 14 tot's what was expressed by most of the CoaurJaw members 14 in there. 1'II withdraw that. But 1 think we ought to 15 wbkh bas been srna&j to ore, IS prioritize them as they did and not just toy fund S34 16 Any other questions? Okay. 7bmk you If I I millions, So that's when 1 was coming from. 17 there are no further questions-yeah,U there's no 17 MR kvltt. w: I don't think we teed to even I I other ghwuons —any comments or a motion? I I mention money at all. r 19 Me MCNEILL rd like to move approval of the 19 Ms.00URDiE: I WA you have to mention / ' A� r 20 proposed 2000-2004 rn rttpam with the provision that tie ?D money because den later down the rood they can may,well, 21 critkolly funded items be the first priodry. Secondly, 21 ch,let's add rive million to that. 22 as funds see found outside of a tax increase diet the 22 MR.VALU M6 okay, Maybe I'm owfuaed J 21 critic olly unfunded hems be approved. 23 Maybe I did<.'t listen Lamy civic class, But we art not a 1 24 Ms ook=L second. 14 political subdivision and when we start talking.Raney, 23 MR FYMLaREQrr it's been moved and 13 we're talking takalion,eonwhing that we have no power PLANNING AND ZONING OCTOBBR 13, 1999 Pqt 133 • Page 136 I I i 1 ` r it i Condeosult"A Page 137 Page 139 I over at all. We arc an advisory committee to the City t bitkstly is ultimately staled as vMftn on the sherl It 2 Council and then the City Council will make a decision and 2 sat Moment. That's my uod rmnd q. ' 3 then the voter will say it's too much money,not enough 3 IAA emoeasaP.tm: okay. 1 wanted to make— 4 money,and do what they do. 4 if you're comfortable with that,Ian Okay, Any S MR.RJSHEla 1 think they'll do what&-y Ire S discussion on the amended motion? In that am if you 6 going to do anyway. 6 would vote,please. And the motion pass%unanimously. I 7 MS.APPIEr 1 think the way that the motion 7 want to thank the entire Committee for their wonderful 8 could be worded is that we recommend what the cu 8 work end coming dawn this eveaina and rat tk 9 Committee recommended. 9 presentation. Thank you W much. to MR. E.NGELSRECHT. Are you offering that as a 10 Ms.mom Thank you very much on behalf of i l friendly amendment? 11 tk Comminot And aB the preisins we did wt didn't 12 a1S,APPLE: Sure. 11 Pratte ItaH anouah. We have seseral poopk on this I J MR.RJSHEL: Which Is the$34,87 million 13 Common who were workins with the City waft fat the 14 issue. 14 fist lice and I bast heard unsolicited ova and ova many Is NIS.APPLE: But,Blain,if thu makes Mr. 15 people toying we are so fortunak w have the Itaff we 16 Williams happy,we don't have to mention money. We can IS base, So f want to ad that link bit in. 17 just mention that we're recommending what the ci? 17 MA ENCELRUM: I will echo that totally. I a Committee has recommended. l I Okay. Covunissionem at this time we're going to take 30 19 MR.WILLIAMS I would second that amendment. 19 minutes for our 7:90 o'clock. 20 MR.ENGELBRECHr: At the moment that's up to 24 roak taken) 21 Mr.McNeill. 21 su V4ULeaacHT: okay. V I Could have your 22 MR.MCNEILU I will accept that friendly 22 attention,tadra and amtlemen. At But time,we'B 21 lure ndrtrett4 modification. 23 reconsene the Planner,and Zoning Commisslon meeting and 24 MR.ENGELBRECHT: Ms.Gourdle,will you second 24 move onto Agenda hem No.3. Are we rocking tonlslu or 15 that. 1! what? Agenda hem No.2 Is to consider appmW or the Page 1 Page 1 I SIR.WILLIAM$: And I will second that t nut"of the September 8, 1999 meeting. 2 dment. 2 MS.APPLE: I move approval. 3 MS.GOURDIE: You can't second it. I dre y 1 MA RJSHEta Second. 4 soon 4 111.04CELDREC'HT: n's been rioved d seconded ! . R.w9LLlAMS: Oh,okay. S to appro . Any discussion? 6 M NGELBRECIrf: rm asking if ou accept 6 MS. PLE: No. 7 that. 7 MA 'cELBRECHT: Vote,pi Motion E MS.GOl 19: Do we need ut a(altar I carries unanGn Y. We'll mov [hen to the Consent 9 amount or not? 1 Id like clarify for us since 9 Agenda which is 3 T. 1 will briefly l0 wvlm lwmtng here. t nod be a specific dollar 10 review these. Wa cons tion of approval of a I I amount since we arc a specific recommendation to l I number of item4 p iminary and final plat of I2 the City Council. f2 tuts I through 12,Bl A and We l through 12,Block B IJ MR.SVEHt k I nk y tam. Itoweva,since 1) of dk Mesa Verde v on That's 6.08 acres in the 14 you're rtecomrnendl what the Btue Ribbon Committee 14 J, Seek Survey, .SS. site is located east of I S already reco 1! Ruddell appro ' tely 70( th of Lanirmre. The 16 MR. E LBPECT4T: That bu a tlar figure 16 property is I lantied Develop t district 171. The 17 MS PLE: it's Inherent in the on. 17 purpose o plat is to develop a dential I8 M GIWRDIE: Thank you for clan that I I subdiv Oa of 44 lots. 19 for us. 19 Also,Agenda Item 4 is a prel' plat of i 20 MR.Sv£HU: it's kind of like the soup 20 1 and 2,BI A:r,A of the Ryan-Teed Addition. 'Cbis ; G 11 c oat,it's In there, 21 a 11.76 acn site located at the southwest of 12 Ms.GGuitom I will accept the second to Mr. 22 Ryan Road and Teaaley lane The property is Planned 23 McNeili's first,to the friendly amendment which MiL pple 23 Development district 91. 24 made. 24 We also have Agenda Vern S,preliminary plat 25 MR. ENGELBRECHT: Then I believe the matlols 2S of Lots 1 and 2, Block A of the 7.11 Loop 298 Addition. PLANNING AND ZONING OCTOBER 13, 1999 Page 137• Page 140 4 U CITY OF DENTON CITY COUNCIL MINUTES October 14, 1999 The Council convened Into a Work Session on Thursday,October 14, 1999 at 12:00 noon in the Council Work Session Room at City Hall. PRESENT, Mayor Miller; Council Members Burroughs, Cochran, Durrance, and Krisloferson. ABSENT: Mayor Pro Tem Beasley;Council Member Burroughs and Young 1. The Council received a report, held a discussion and gave staff direction regarding the Code rewrite project, including work related to the Visual Preference Survey, focus group interviews, and other public communication tools. Dave Hill, Assistant City Manager for Development, indicated that this meeting would present the tools that would be used for public Input for the Development Code rewrite. John Fregonese presented an update on the public process completed to date. Results of a focus group and proposed questions for a citizen survey were also presented. Council Member Durrance left the meeting. With no quorum of the Council present, minutes were no longer taken. JACK MILLER,MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON,TEXAS i t• G � c. CITY OF DENTON CITY COUNCIL MINUTES C October 19, 1999 The Council convened into a Regular Meeting on Tuesday,October 19, 1999 at 6:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. PROCLAMATIONS 2. Professional Business Women's Week The proclamation was not presented. PRESENTATIONS 3. Presentation of the Municipal Treasurers' Association of the United States and Canada's Certification for the City's Investment Policy. Scott McIntyre, First Southwest Company, presented the Certification to the Council NOISE EXCEPTIONS 4. The Council considered a request for an exception to the not-ie ordinance for a Halloween Party at 1218 Avenue A on Saturday,October 31, 1999 until 2:00 a m. Burroughs motioned, Young seconded to approve the exception. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durranee "aye", K Woferson "aye", Young "aye", and Mayor Miller"aye". Motion carried unanimously. CITIZEN REPORTS 5. The Council was to receive a report from Lacey Stokes regarding plastic recycling. NIs. Stokes was not present at the meting. G. The Council received a report front Billy Brasfield regarding name calling on the Council. rr Mr, Brasfield stated that he was disturbed at the actions of the Council in recent meetings. He urged the Council to stop such actions and represent the City in a better manner. i 1 ' • F V City of Denton City Council Minutes October 19, 1999 Page 2 7. The Council received a report from Townsend Cassell regarding name calling on the Council. Mr. Cassell stated that there was a concern in the community of people with the recent actions of the Council. S. The Council receives! a report from Carolyn Phillips regarding truth, respect and hypocrisy in democracy. Nis. Phillips stated that democracy had failed in Denton and truth and respect were needed back on the Council. She felt that the Council should salute the flags after their meetings to show that they had respected democracy during the meeting instead of before the meeting. CONSENT AGENDA Council Member Cochran asked that Item 417 be pulled for separate consideration. Council Member Durrance asked that Item 412 be pulled for separate consideration, Beasley motioned, Durrance seconded to approve the Consent Agenda and accompanying ordinances with the exception of Items 412 and 017. On roll vote, Beasley "aye", 94rroughs "aye", Cochran"aye", Dun anec "aye", Kristorerson"aye% Young "aye', and Mayor Mi!'-r"aye". Motion carried unanimously. 9. Approved a tax refund to First Bankers Mortgage Corp. for Linda Difiore in the amount of$878,68, The 1998 property taxes were paid twice. 10. Approved a tax refund to Scott Montgomery and Alice Bauer in the amount of$858,82. The 1998 property taxes were paid twice. ill NO. 99.375 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A DRAINAGE PIPE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, (BID 0241 S - HUGHES SUPPLY •$37,847.50) 13. NO. 99-377 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A � PROFESSIONAL SERVICES CONTRACT WITH HALFF ASSOCIATES FOR THE A DESIGN OF THE GRAVEYARD BRANCH INTERCEPTOR SEWER LINE AND �'. r RELATED SERVICES AS SET FORTH IN THE CONTRACT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE j DATE. (PROFESSIONAL SERVICES AGREEMENT 02419-HALFF ASSOCIATES -$293,440) a i c, City of Denton City Council Minutes October 19, 1999 4 Page 3 14. NO. 99-378 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH EMCON FOR THE ENGINEERING DESIGN AND PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATION SERVICES FOR THE CITY OF DENTON LANDFILL EXPANSION OF CELLS 2A, 2B, AND 2C, AND RELATED SERVICES AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PROFESSIONAL SERVICES AGREEMENT 01420- EMCON • S129,100) 15. NO. 99-379 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH FREESE AND NICHOLS, INC. FOR PRELIMINARY DESIGN SERVICES FOR A 60-MGD HARTLEE FIELD BOOSTER PUMP STATION AND GROUND STORAGE TANK; PROVIDING FOR EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PROFESSIONAL SERVICES AGREEMENT #2421•FREESE AND NICHOLS, INC. .$41,305) 16. NO.99-3,10 I AN ORDINANCE AUTHORIZING THE CITY :MANAGER TO EXECUTE A PERSONAL SERVICES AGREEMENT WITH BARBARA T. MCCALL J ASSOCIATES, INC. TO PROVIDE CERTAIN INFORMATION AND SERVICES 1 WITEI REGARD TO LEGISLATION OF INTEREST TO THE CITY; AUTHORIZING , THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. ANNEXATION ORDINANCES 18. The Council considered adoption of an ordinance voluntarily artnexing approximately 37 acres located on the cast side of Teasley Lane, approximately 700 feet south of its intersection Nith Hickory Creek Road, to approve a service plan for the annexed property, to provide a scvcrability clause, and to provide an effective date. Second reading ofthe ordinance. (A-88, South Teasley Lane) The foltoa ing ordinance was considered: NO. 99-382 AN ORDINANCE VOLUNTARILY ANNEXING APPROXIMATELY 37 ACRES LOCATED ON THE EAST SIDE OF TEASLEY LANE, APPROXIMATELY 700 d FEET SOUTH OF ITS INTERSECTION WITH HICKORY CREEK ROAD, TO APPROVE A SERVICE PLAN FOR THE ANNEXED PROPERTY, TO PROVIDE A SEVERABILITY CLAUSE,AND TO PROVIDE AN EFFECTIVE DATE. 111 1 I City of Denton City Council Istinutes October 19, 1999 Page 4 Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye', Kristoferson "aye', Young "aye', and Mayor Miller"aye'. Motion carried unanimously. 19. This item was postponed by written request of the applicant. 20. The Council considered adoption of an ordinance voluntarily annexing approximately 46 acres located at the southeast corner of Nowlin Road and Robinson Road, to approve a service plan for the annexed property, to provide a severabiiity clause; and to provide an effective date. Second reading of the ordinance (A-91 Kirby Tract) The following ordinance was considered: NO, 99-383 AN ORDINANCE VOLUNTARILY ANNEXING APPROXIMATELY 46 ACRES LOCATED AT THE SOUTHEAST CORNER OF NOWLIN ROAD AND ROBINSON ROAD, TO APPROVE A SERVICE PLAN FOR THE ANNEXED PROPERTY, TO PROVIDE A SEVERABILITY CLAUSE; AND TO PROVIDE AN EFFECTIVE DATE. SECOND READING OF THE ORDINANCE (A-91 KIRBY TRACT) Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye', Burroughs "aye", Cochran "aye", Durrance "aye", Krisloferson "aye', and Mayor Miller "aye", Motion carried unanimously. PUBLIC HEARINGS 21. Tho Council held a public hearing and considered the recommendations of the Planning and Zoning Commission and the Blue Ribbon CIP Committee concerning the 2000 Capital Improvements Program, Euline Brock,Chair-CIP Committee, presented a review of the formation of the committee and ! the work ofthc Committee plus an update on the progress of the Committee. The Chairs ofthe Subcommittees presented a brief report on their activities. The Mayor opened the public hearing. The following individuals spoke during the public hearing; Ed Fulton, 729 Grcenvood, Denton, 76201 - favor Joe Mulroy, 119 Ridgecrest, Denton, 76205 • favor i� Tim Charles• favor Bill Check,Jr., 1200 Vista Verde, Denton, 76205 - favor I( Ed Soph, 1620 Victoria Drive, Denton, 76201 -favor j Linda Weinberg, opposition to second phase of proposal Martha Len Nelson, 2603 Brookfield, Denton, 76201 • favor of aquatic center and library Gus Seligmann, 916 Ridgectest Circle, Denton, 76205•favor Elinor Hughes, 1821 Linden,Denton, 76201 -favor I h c r City of Denton City Council Minutes October 19, 1999 !, Page 5 Greg Sawko,3505 Forestridge Drive,Denton, 76205 — favor Bob Manning, - favor Curtis Ramsay,2028 Burning Tree Lang Der ton, 76 201 —favor Harold Williams,Sr., American Legion Pua 140— fa,,orofexpansion of Legion Post The following Speaker Cards were submitted for individuals not wiihing to speak: Tom Farlow, I i15 Forth Worth Drive, Denton, 76205 - favor Alice Gore, 2215 Westwood Drive, Denton, 76205 - favor Murray Ricks,2911 Montecitu, Denton, 76202 - favor Dan Vickery, 2906 Oakhurst, Denton, 76201 - favor Dale Cheatham, 1401 Churchhill,Denton, 76201 - favor Terry Poeschl, 1619 McCormick,Denton, 76205- favor Jane Vickery, 2906 O:dchurst, Denton, 76205- favor Michael Vickery,3900 Teasley#153,Denton, 76205-favor Lynn Cheatham, 1401 Churchill, Denton, 76201 - favor Heather Cheek, 1200 Vista Verde,Denton,76205- favor David Chapman, 3900 Teasley Lane, Denton, 76205 - favor Marshall Ricks,2104 Birdwood, Denton, 76201 - favor Billie Murdock,2215 Bcnard,Denton, 76205 - favor Dennis Chapman,9100 Teasley lane,#5F, Denton, 76205 - favor Kent Maloy, 625 Aspen, Denton, 76201 - favor Joel Check, 731 Londonderry Lan,e 4211,Denton, 76205-favor Jose Nandin, 7115 Longmeadow, Denton,76201 - favor Ricardo Gonzales,515 Smith, Denton,76201 - favor Andre Kheauit, 604 Coronado, Denton, 76201 - favor David Fulton,2707 Fort Worth Drive,Denton, 76205 - favor Angela Fulton, 2707 Fort Worth Drive, Denton, 76205 - favor Michael Gleason, 1517 Fort Worth Drive,Denton, 76205 -favor Guillcrmia Enriquez,604 Cordell, Denton, 76201 - favor Linda Sanchez, 612 Cordell,Denton, 76201 - favor Carmelo Sanchez,612 Cordell,Penton, 76201 - favor D'Lynn Ewing, 1125 Texas, Denton,76201 - favor Lena Lowrey, 1400 Panhandle, Denton,76201 - favor June Fulton, 729 Green"ood, Denton, 76201 - favor Crystal Batten, 820 Anderson,Denton, 76201 - favor 'the Mayor closed the public hearing. Cochran mo Toned, Kristoferson seconded to accept the recommendations of the Planning and Zoning Corrmission and to consider funding recommendations at the next Council Work Session, A,, Council Member Young requested that a survey be done regarding the extension of Scott Street. If the neighbors agreed that the extension was needed,11 a -,vould like money for the project to be placed in the bond package, City of Denton City Council Minutes October 19, 1999 Page 6 Mayor Miller stated that an Oversight Committee would look at the miscellaneous funding for street repairs. The issue of Scott Street would be looked at that point in time. It was not possible to make an assurance of the project at this point. Brock stated that the Oversight Committee would hold a public meeting at the time the money was to be allocated from the miscellaneous street funds. On roll vote to accept the rxommendations from the Planning and Zoning Commission and the CIP Committee, Beasley "aye', Burroughs "aye', Cochran "aye', Durrance "aye', Kristoferson "ayc",Young"aye",and Mayor Miller"aye". Motion carried unanimously. 22. The Council held a public hearing inviting citizens to comment on the proposed usage of 1998 Local Law Enforcement Block Grant funding. captain Joanie tlo4ecwright, Denton Police Department, stated that this public hearing was required by the Local Law Enforcement Block Grant program, The Committee working on the grant was recommending that a GIS automated notification system be purchased which would allow the Department to contact citizens in a specific area for urgent information, Nine new bikes would also be purchased to replace some in the existing fleet and along with the replacement of sonic radio equipment. The Mayor opened the public hearing, No one spoke during the public hearing. The Mayor closed the public hearing. 23. 1 he Council held a public hearing and considered adoption of an ordinance of the City of Ucnton, Tcxas adopting the Comprehensive Plan as an official policy document intended to guide future community growth and development decision-making as authorized by Chapter 219 of the Tc•,as Local Government Code and Charter of the City of Denton; provkh rg for the repeal of all of iinanecs in conflict herewith;providing a scverability clause;providing a savings clause; and providing an effective date. Dave Hill, Assistant City Manager for Development, stated that following the public hearing, the Council could take formal action regarding the Comprehensive Plan. The Planning and Zoning Commission hcid a public hearing and declined to make a recommendation by a vote of 3-2. A memo from Terry Morgan, outside attorney, had some sections that he was not in agreement with such as the requirements for larger lots with septic systems. I The Mayor opened the public hearing. The following individuals spoke during the public hearing; { (1 Joyce Poole, 3032 N. Bonnie Brae, Denton, 76207 - opposition Ed Soph, 1620 Victoria Drive, Denton, 76201 -opposition Curtis Ramsey, 2028 Burning Tree Lane, Denton.7620E -opposition Debra Drayovitch, 2221 Stonegate, Denton, 76201 -opposition J] t City of Denton City Council Minutes October 19, 1999 Page 7 The Mayorclosed the public hearing. Krisloferson motioned,Cochran seconded to adopt Chapters S, 7, 8,9, 10, It, 12, 13, 13, 16, 17, 18, 19,and 20. There were still some small clarifications that need to be incorporated but these chapters were essentially ready for approval, Council Member Cochran asked if Chapters 16 and 17 could be removed and not approved at this time. Council Member Kristoferson agreed to removed those chapters. Sections 2, 3, 4, 6, 14, 16, 17, and 21 would not be considered at this time. Mayor Miller asked if these sections were approved, would they supercede ordinances in place and if there was no statement of the purpose of the Comprehensive Plan, did it make sense to adopt single chapters. City Attorney Prouty stated that if the ordinance with the designated chapters was approved, Section 5 ofthe ordinance did away with the Denton Development Guide and the 1988 Denton Development Plan which were enacted by resolution rather than ordinance. Those sections of the Guidc and Plan that were not replaced by the new chapters would have to keep those in place. Separate chapters could be adopted but they needed to be interrelated and coherent. Adopting the suggested chapters would meet that qualification. Council Mcmber Cochran stated the adoption of these individual chapters was considered because Council was comfortable with those chapters. if Section S caused the rescinding or modification of the use of[lie 1988 Plan and if it was not specifically tied into some of the other functions, he would suggest omluing Section S from the ordinance, City Attorney Prouty stated that there was still the need to repeal those portions of the 1988 plan , that the new chapters would replace. Section 5 needed to remain in the ordinance to snake sure that the new chapters %ould be followed as the printery land use guide in all land use decisions. Council did not wrist to be placed in a position of a conflict between the old and new chapters. 'i here was a need to make clear what chapters were in use. Council discussed the pros and cons of whether to adopt specific chapters of the Plan or wait until the entire document was completes Council Member Kristoferson withdrew her motion. Durrance motioned, Burroughs seconded to postpone consideration of the Comprehensive Plan until the Novcmbcr 16`h meeting and continue the public hearing at that time. There would be two works sessions available for further revisions before the format consideration of the Plan on A+, \ �; Novcmbcr 10. On roll vote, Beasley"ayc", 13umoughs"aye',Cochran"aye",Durrance "aye", Krislofcrson"eye", Young"ayc",and Mayor hSillcr"aye Motion caniod unanimously, c 1 I 1 i City of Denton City Council Minutes October 19, 1999 Page 8 24. The Council held a public hearing and considered adoption of an ordinance zoning an approximate 37 acre tract to approximately 35 acres of One-Family Dwelling (SP-7) and approximately 2 acres of Neighborhood Service(NS) zoning district and land use classification. The property was located on the east side of Teasley Lane, approximately 700 feet south of its intersection with Hickory Creek Road. Single family residential and neighborhood-oriented service development was proposed. The Planning and Zoning Commission recommended approval(6-0)with conditions. (Z-99.039, South Teasley Lane) Mark Donaldson, Assistant Planning Director, stated that this tract had been annexed earlier in the meeting. The Planning and Zoning Commission had recommended approval with conditions as noted in the agenda materials. The Mayor opened the public hearing, The following individuals spoke during the public hearing: Mark Weatherford - favor Bill NcNab-favor Sue Blankenship - favor Willaid Baker- favor The Mayor closed the public hearing. The following ordinance was considered; N0. 99-384 f , AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY PLACING A NEIGHBORHOOD SERVICES CONDITIONED(NS[c])ZONING DISTRICT ON 1,73 ACRES OF LAND AND A SINGLL'-FAMILY 7 CONDITIONED (SF-7(c]) ZONING DISTRICT ON 35.37 ACRES OF LAND LOCATED ON THE EAST SIDE OF TEASLEY LANE APPROXIMATELY 700 FEE'r SOUTH OF HICKORY CREEK ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000,011 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Burroughs seconded to adopt the ordinance with the conditions as noted by the Planning and Zoning Commission plus a minimum square footage per residential structure of at least 1,500 square feet and 750,10 masonry, On roll vote,Beasley"aye", Burroughs"aye",Cochran aye", Du*rance "nay",Kristofctson aye",Y oung"aye", and Mayor Miller"aye", Motion carved A with a 6.1 vote. /�', r' 23. This item u as postponed by written request of the applicant. I 26, The Council held a public hearing and considered rezoning approximately I acre from One-Family Dwelling (SP-7) to Planned Development (PD) zoning district and land use classification by approving a detailed Plan, The property was located whin the River Oaks r t City of Denton City Council Minutes October 19, 1999 3 Page 9 Addition at the southeast corner of Montecito Drive and Seven Oaks Lane. A neighborhood amenity center was proposed, The Planning and Zoning Commission recommended approval (7- 0)with conditions. (Z-99.063,River Oaks Amenity Center) Mark Donaldson, Assistant Planning Dir ,tor, stated that SF-7 zoning did not allow for priva'e community, centers. The developer had created a planned development district to allow for de amenity center, The Planning and Zoning Commission had recommended approval with twr conditions that permanent bike rakes be provided and a decorative fence along the property Itne as noted in the ordinance. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered; NO. 99-385 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM ONE-FAMILY DWELLING] (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) 'ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 1,169 ACRE TRACT OF LAND LOCATED IN THE RIVER OAKS ADDITION(LOT Q, BLOCK 1) IN THE CITY OF DENTON, DENTON, COUNTY, TEXAS; PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR THE DISTRICT; , PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99- 063) Beasley motioned, Young seconded to adopt the ordinance with the conditions noted by the Planning and Zoning Commission. On roil vote,Beasley"aye',Burroughs"aye", Cochran "aye", Durrance "aye", Krisloferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Item k27 %vas considered, 27. The Council considered suspension of the rules on a request for reconsideration to rezone a 5.0 acre site from an Agricultural (A) zoning district to a Light industrial with Conditions (1.1(c)) zoning district, The properly was located on the north side of Mingo Road, between A Loop 288 and Cooper Creek Road. Light industrial use was proposed. The Planning and Zoning t' Commission recommended approval 7.0,the City Council denied the proposal on September 21, 1999, (Z-99.043, Mingo/Loop 288) Beasley motioned, Young seconded to suspend the rules for a reconsideration request, On roll vote, Bcaslcy "aye',Burroughs "aye", Cochran "nay",Dweance"aye", "sloferson "nay", Young "aye",and Mayor Miller"aye', Motion carried with a 5-2 vote. A u 01 u City of Denton City Council Minutes October 19, 1999 Page 10 Beasley motioned, Young seconded to reconsider the zoning request. On toll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Krisloferson "nay", Young "aye', and Mayor Miller"aye". Motion carried wtith a 5.2 vote. The following ordinance was considered: NO.99-386 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURE (A)ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO LIGHT INDUSTRIAL CONDITIONED (LI(c)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 5.0 ACRES OF LAND LOCATED ON THE NORTH SIDE OF MINGO ROAD, BETWEEN LOOP 288 AND COOPER CREEK ROAD;PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDNIG FOR AN EFFECTIVE DATE, Beasley motioned, Young seconded to adopt the ordinance striking permitted uses as noted in the ordinance, prohibiting uses as noted in the ordinance that were In the designated Standard Industrial Classification Major Groups, 75% brick or stone materials on the elevations, parking to the rear or side with the loading bays in the back of the building. On roll vote,Beasley"aye", Burroughs "aye', Cochran "eye", Durrance "aye", Kristoferson "aye, Young "aye", and Mayor Miller"aye". Motion caniod unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION Council considered the Consent Agenda items that were pulled for separate consideration, The Mayor left the meeting. Item H12 was considered, Council Membcr Durrance questioned the premium costs related to the third party administrators, He requested an economic analysis on estimated loss to the City for employtts having to use out of town doctors. Council Mcmber Kristoferson asked about a multiyear contract. Max Blackburn, Risk Manager, stated that a multiyear contract had been received during the day. An economic analysis could be done during the next year. r At The following ordinance was considered: NO.99-376 AN ORDINANCE ACCEPTING COMPETITIVE SEALED PROPOSALS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES I tl I City of Demon City Council Minutes October 19, 1999 t: Page 1 l OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (RFSP 2406 — HEALTH INSURANCE AWARDED TO AETNA U.S. HEALTHCARE, IN THE ESTIMATED AMOUNT OF $3,522,608, VOLUNTARY EMPLOYEE PAID DENTAL INSURANCE AWARDED TO HUMANA INC., AT NO COST TO THE CITY OF DENTON AND VOLUNTARY EMPLOYEE PAID VISION INSURANCE AWARDED TO SUPERIOR VISION SERVICES AT NO COST OF THE CITY OF DENTOM) Council Member Durrance felt that there were other options available and questioned if this pro%ided the best care for the city employees. He felt it would be better to extend the present contract for a year rather than go with this proposal. Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance"nay", Kristoferson "aye', and Young"aye". Motion carried with a 5-1 vote. The Council considered Item#17. Council Member Cochran asked for a clarification of this provision. Diana Ortiz, Director of fiscal Operations,reviewed the provision of the ordinance as noted in 1 the agenda materials. The following ordinance was considered: N0, 99.381 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZINO ADDITIONAL PENALTY ON DELINQUENT TAXES UNDER SECTION 33,08,TAX CODE;AND PROVIDING AN EFFECTIVE DATE. Cochran motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs aye , Cochran "aye", Durrance"aye", Krisloferson "aye", and Young"aye". Motion carried unanimously. 28. The Council considered approval of a resolution of the City of Denton, Texas, accepting the sum of$1,000 from Windle Family Partners, Ltd. and Michael C. Ramos in consideration for entering into exclusive negotiations for a period of 180 days relating to the possible lease of airport property in the vicinity of the existing Windle hanger lease; and providing an effective date, 1 Thefollou ing ordinance was considered: A' NO. R99-033 I A RESOLUTION OF THE CITY OF DENTON,TEXAS, ACCEPTING THE SUM OF 51,000 FROM WINDLE FAMILY PARTNERS, LTD. AND MICHAEL C. RAMOS IN CONSIDERATION FOR ENTERING INTO EXCLUSIVE NEGOTIATIONS FOR A City of Denton City Council Minutes October 19, 1999 . Page 12 PERIOD OF 180 DAYS RELATING TO THE POSSIBLE LEASE OF AIRPORT PROPERTY IN THE VICINITY OF THE EXISTINO WINDLE HANGER LEASE; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Burroughs seconded to approve the resolution. On roll vole, Beasley "aye", Burroughs "aye", Cochran "nay", Durance "aye', Kristoferson "aye", and Young"aye'. Motion carved with a$-i vote, 29. The Council considered adoption of an ordinance authorizing the City Manager, as Denton's authorized representative, to enter Into an Airport Project Participation Agreement between the Texas Department of Transportation Aviation Division (TXDOT) and the City of Denton for the construction phase of TXDOT Grant No. 9742DNTON, The following ordinance was considered; NO.99-387 AN ORDINANCE AUTHORIZINO THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO ENTER INTO AN AIRPORT PROJECT PARTICIPATION AGREEMENT BETWEEN THE TEXAS DEPARTMENT OF TRANSPORTATION AVIATION DIVISION (TXDOT) AND THE CITY OF DENTON FOR THE CONSTRUCTION PHASE OF TXDOT GRANT NO. 9742 DNTON. Cochran motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Dunance "aye', Kristoferson"aye", and Young"aye". Motion carried unanimously. , 30. The Council considered adoption of an ordnance authorizing the City Manager to execute a second amendment to the professional services agreement for consulting services previously entered into by the City and R. J. Covington consulting on January S, 1999 and as previously amended by the First Amendment thereto on June 1, 1999, by adding Task Order No. 99•C thereto; providing for additional electric industry professional services to be performed relating to the potential divestiture of all or a part of the City's municipal electric utility and other related matters; authorizing the expenditure of funds therefore; providing for retro effect on the agreement; and providing an effective date. The following ordinance was considered; NO, 99.3S8 i AN ORDNANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR CONSULTINO SERVICES PREVIOUSLY ENTERED IN70 BY THE CITY AND R. J. COVINGTON CONSUL' 'NO ON JANUARY S, 1999 AND AS PREVIOUSLY AMENDED BY THE FIRST AMENDMENT THERETO ON JUNE I, 1999, BY ADDING TASK ORDER NO. 99-C THERETO; PROVIDING FOR ADDITIONAL ELECTRIC INDUSTRY PROFESSIONAL SERVICES TO BE PERFORMED 0 t City of Denton City Council Minutes October 19, 1999 is Page 13 RELATING TO THE POTENTIAL DIVESTITURE OF ALL OR A PART OF THE CITY'S MUNICIPAL ELECTRIC UTILITY AND OTHER RELATED MATTERS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; PROVIDING FOR RETRO EFFECT ON THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran"aye", Durrance"aye', Kristoferson "aye', and Young"nay". Motion carried with a 5-1 vote. 31. The Council considered approval of a resolution appointing members the Board of Directors of the North Texas Higher Education Authority,and declaring an effective date. The following resolution was considered: NO.R99-056 A RESOLUTION APPOINTING MEMBERS THE BOARD OF DIRECTORS OF THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, AND DECLARING AN EFFECTIVE DATE, Cochrm motioned, Burroughs seconded to approve the resolution. On roll vute, Beasley "aye", Burroughs "aye', Cochran "aye', Durrance "aye", Kristoferson "aye", and Young"aye". Motion carried unanimously. 32, The Council considered adoption of an ordinance amending Section 34.17 of Chapter 34 of the Code of Ordinances to shorten the expiration date for preliminary plats; providing a scvcrability clause; providing a savings clause; and providing an effective date. City Attorney Prouty stated that this item needed to be postponed as a public hearing and consideration from the Planning and Zoning Commission were needed. Young motioned, Burroughs seconded to postpone the item. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye', Durrance "aye", Kdstoferson "aye", and Young "aye". Motion carried unanimously. 33. The Council considered approval of a resolution of the City of Denton, Texas calling a public hearing to consider establishing a Reinvestment Zone 11 for the Pcterbilt Motors Company; ratil ing prior actions; and declaring an effective date. City Altornry Prouty stated that the public hearing and formal consideration of the reinvestment �z, A zone was scheduled for the November le council meeting, The following resolution was considered; i t � a ' City of Denton City Council Minutes October 19, 1999 Page 14 NO.R99-057 A RESOLUTION OF THE CITY OF DENTON, TEXAS CALLING A PUBLIC HEARING TO CONSIDER ESTABLISHING A REINVESTMENT ZONE 11 FOR THE PETERBILT MOTORS COMPANY; RATIFYING PRIOR ACTIONS; AND DECLARING AN EFFECTIVE DATE Young motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson "aye", and Young "aye'. Motion carried with a 5-I vote. 34. The Council considered approval of a resolution to declare the intent to reimburse expenditure from the retained earnings of the Electric, Water, and Wastewater funds with revenue bonds so that various projects approved in the 1999 & 2000 Capital Improvement Program, more fully described in the attachment of this resolution,may be commenced. The following resolution was considered: NO. R99-058 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURE I FROM THE RETAINED EARNINGS OF THE ELECTRIC, WATER, AND WASTEWATER FUNDS WITH REVENUE BONDS SO THAT VARIOUS PROJECTS APPROVED IN THE 1999 & 2000 CAPITAL IMPROVEMENT PROGRAM, MORE FULLY DESCRIBED IN THE ATTACHMENT OF THIS RESOLUTION, MAY BE COMMENCED Kristorerson motioned, Young seconded to approve the resolution. On roll vote, Beasley"aye', Burroughs "aye', Cochran"aye', Durrance "aye", Kristoferson"aye", and Young"aye'. Motion carried unanimously. i 35. The Council considered nominationslappointments to the City's Boards and Commissions. Thcre were no nominations/appointmenis made at this meeting. 36. Miscellaneous matters from the City Manager. City Managcr,lct did not have any items for Council. 37, New Business r�' A The following items of New Business were suggested by Council Members for future agendas: A, Council Member Young asked that the trees in the creek right-of-way on Mayhill north to McKinney be looked at. r i ` r l City of Denton City Council Minutes October 19, 1999 ,- Page 15 38. There was no continuation of Closed Meeting under Sections 551.071-551,085 of the Texas Open Meetings Act. 39. There was no official action on Closed Meeting under Sections $51.071.551.085 of the j Texas Open Meetings Act. With no further business,the meeting was adjourned at 11:25 p.m. JENNIFER WALTERS JACK MILLER, MAYOR CITY SECRETARY CITY OF DENTON,1 EXAS CITY OF DENTON, TEXAS AP I v : Apuntla Nu. � _ Appnda Item _ _: E121B� CITY COUNCIL AGENDA INFORMATION SHEET AGENDA DATE: November 16, 1999 DEPARTMENT: Utilities Administration ACM: Howard Martin, 349-8302 . SUBJECT: Prese:ud,Wrl of the National Association of Telecommunications Officers R Advisers(NATOA) 1999 Programming Award for the "Water Cycle" children's video that won second place, BACKGROUND The national programming contest is an annual event, and 103 cities participated this year with a total of 706 video entries. At the Annual NATOA meeting held in September of this year, the City of Denton was awarded second place for their"`c`r'ater Cycle" video in the category of "children's productions with a budget under $200,000". The "Water Cycle" was produced by the Public Communisations Division in the spring of 1999 and used as a children's learning tool as part of the Water Utilities 1999 Drinking Water Week Celebrations. i he video premiered on Cable Channel 26 tmd was shown to over 600 Denton IS[)school children during the month of May, The video features nine year old Melissa Penton, a child from Denton,acting as a "student reporter"and teaches children about the entire water cycle here in Denton. The video starts at Lake Lewisville and follows the water to the water treatment plant,to homes, to the wastewater treatment plant,and back to the environment to start the cycle all over again. Many people contributed to the success of this video. Within the Public Communications division, Shcree Turner filmed and edited the video under the general supervision of Kiersten Dicterle, Major production contributors from the Water and Wastewater departments included Randy Markham, Kathy Gault, Venetta Verbosh,and Bill McCullough. Using lyrics written by the Public Communications staff. Ciiften Alanso Bell and his partner Cedric Rutledge of Two Brothers Productions created and produced the music used in the video. Calhoun Middle School Choir Instructor Denise Stephens led her students in both song and dance movements, and the music port ion of the video was recorded and mixed by local soundman Martin Cargile. It was r r t A tml a team effort and a combination of lalents. 1 I o a FISCAL INFORMATION This video was produced for$125 in actual expenses plus staff time, Many individuals outside the City organization volunteered their time for this effort. Respectfully submitted: Earl Crews,Director Financial/ Administrative Services j I i ; (Ar ` ^ Anance',wp'4iub&c6c&I9'aw mid for children's rldeo•cc dog f C 10 ril I c 1 AGENDA INFORMATION SHEET AGENDA DATE: November 16, 1999 DEPARTMENT: Fiscal& Municipal Services/rat ACM: Kathy Do Bose,Asel tot City Manager of Fiscal and Municipal Services Consider approval of a tax refund to Dentex Title Company for William Schoen. The 1998 tax was paid twice, resulting in an overpayment l3ACKGi$QI1 Vag: Chapter 31.11 of the Texas Properly Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of$500.00. 1998 lax for William Schoen was paid twice. Once ou 11/23/98 by Dentex Title Company in the amount of S 1,500.49 at the time of closing, and on 12129/98 by Mr. Schoen's mortgage company,NatiensHank,for the same amount. This resulted in an overpayment of 51,500.49. All documentation necessary for refund is attached. i FISCAL INFORMATION,, The tax overpayment revenue fund would be reduced by S1,500.49. Respectfully submittal: gwat-f< >& iana Oruz Director of Fiscal Operations Prepared by: Carotene Folse Revenue& Tax Analyst ; 1 I _ t t t f APPLICATION FOR TAX REFUND we Wilichro as for It"oft) CITY OF DENTON TAX OFFICE CITY OF DENTON .a 601 E. HICKORY SUITE F a ,. .My.bwo DENTON TX 76205 940 349-8318 To apply for a tax refund,the taxpayer must oom fete the following. Step 1: WILLIAM SCHOEN Q Ti t(e, Owner's name 19 ROLLING HILLS CR City lim W .swilis,UP ooft KOM Was and address DENTON TEXAS 78205-8567 _ Step 2: toper desalptbn(or attedi copy of the lax bill of to moetpt): Fortestridge Sec 2,Block B.Lot la Describe the property Address or tocatan or property 19 Roll Ing Hills Cr. Account number of property: Tax rsaetpl number: 075121 OR 9803290909 Nrre year Deft Amaxx Of Tuky lkdl Fran VA*h Fa Midi RAW Of The W Of Tax Alli Rekxxt N RogjkW Is Ro*mftd Tax Psyrrwx Taxes Paid Peereeftd Step 3: 1.C ty of Denton 1011 11123M S 9.500.49 Give the tax 2. C t r of Denton 1999 1p1Ypm S 1.500.49 S 1.500.49 payment 3. information 4. 5. Taxpayers mason for refund(attach supporting documentation): 19911 tax was paid lhai tint on 11123 by ck 041047 and later on 12129 by ck 0042420 from Nationabane Mortig,resulting In on ov •1 hereby apply for are refund rA twe above descilM taxes and om"that the Inforrnaedn I hm glean al this form band Step 4: career to me best or my knowedge and w ev TEL Sign the form sign here 10'�S Any person who makes a false entry upon the foregoing record shall be subjea to one of the following penalties: 1.Imprisonment of not morn Ihat the 10 years nor less than 2 years andlor a And of not more than$5,000 or both such fine and imprisonment 2.Confinement In(all for a term up to 1 year or a tirw to exceed$2.000 or both ouch rime and Im risonm ril as set forth in Section 37.10,Penal Code. if d Step 5: This lax refund is: EXIApproved Disapproved Mm- DaTax refund sign here determination sly %xingunt(s or mkqv appricasons aver aft sign here -2- L � REPORT TAAB06DM 10109/09 AT 20:40 O V I R P A Y M I N I S PAGE 7 ACCOUNT NO RECEIPT 9201 NAME ADDRESS AMOUNT STATUS OF PAYMENT i 17950300000 OB/OI/08.0238 SMITH, VIROIL 0 WILLOWW000 ST 0.24 OVERPAY .i 08749900000 98101/06-0167 DENTON FAMILY PRACTICE ASSOC. ►.A. N 1.36 A NS10 1.14 OVERPAY 16409400000 BVO//18.0/77 . 0000E atf NN EDWARD N 1-16 0.02 OVERPAY 18668100000 90/01114-3011 OKA 2IfADEH MOHAMMAD R HOPE IT 6.01 0fEN►AY 10477100000 09/01/10-0001 MORAY lIL,� M CASIR CT O.Of Df%N►AY TON12400000 06101/25-0014 H92110, CHARLES R 8 YANA SMOKERISE DR 0.61 O TEA►AY 3 03530700000 61/01117-0004 ORA, RATHY A SU2ANNE FICNEY ANIGHT -1214 S 0.01 OfE RP AY qq 07774000000 DI/01/28-0004 GNOF KING, EMORY N ELM ST 0.01 0%IR►AY j 81645100000 00/01/!6-0074 SEYMORE, TIM f MCNINNEV 0 4 0.65 OOERPAV 7(. 1646700000 08/01/50-0016 6RYSOM, RICHARD 4 6 PAQVIL 0 N p LL AV 06.40 L.IERPAV 2210400000 08!02/0!•00!► TlC0OyALI). JIMMY C 0 110 LARDI� LN 0,01 OV92FAY 02742100000 ■8/Ofl Of-603! 1AR09 ANY. HE92ERT I. RT06tORElf C4 0.10 OVERPAY 8147ff00000 92/4f/07.001! SONY"My. SHARON M UN1v[R81 FY 0 1.0k OVINPAV 01672600000 68/02/07.0012 CARTER PAULA M UN VtR37 3. 1 OVERPAY 81972200000 08/02/08.0040 BOATWRIGHT, SHARON M UNIVERSITY D 4.69 OVERPAY 16172000000 98/02/10-0004 BEAVER, JAMES M 6 LVNOA DIANE BENTROOO CT 0.01 OVER►AV 02941700000 60/02/16-0016 FARLEY, CHARLEY H. GREGO ST 200.00 OVERPAY f 08224900000 08/02116.0016 RIOGWAY BELL O DALLAS OR 0. 10 OVERPAY 1 10402400000 98102/20.0011 BOOTY RSHING a JN f4NfA r IT 0.0t OVBNPAY Y 163!4900000 95101123-0013 MAL4Ek. OHAEL DO 6 DANA CAE 7R[E ON 07 ovappok 05251600000 91/92/13.0092 COON Jf F�R[Y O M ARKSAY.. 1 St 00 OVERPAY .APAY 110502500000 60/02%0-0011 COCCHIAMELLA,YROBERTCW WIND92OOR $171 10.060 OVERPAY 02156600000 68/03102-0015 LATHIN, MARY SIMMONS of 0.26 OVERPAY 19074900000 98/03103.0041 LYNCH, GARY L FAIN ON 0.01 OVERPAY 07 0!100000 00162%10.0106 VAR Lfb6 i6JI ET M 6t{A149Mi 11 41.0 41'711 � kIAV 19710500006 68/03/e17.Oa76 aa2LL A✓(IS ! Nli 7 8 LAURA L t{rrP4]1 10720400000 08/05%71.0001 A0F NSY f Lt�IILt00% kELLY E001NM 6R O�SI OVER%AY 19714400000 96/05/21.0099 CHANU STON, KRIS L A RIM, OYIONO JU SPAINGCREIN OR 0.01 OVERPAY 10716000000 99/05/21.0110 HARMAN, EVELYN L SPRINOCREER OK 0.01 OVERPAY 10720100000 68105/21.6128 RACHEL, JAMES 0 A MELISSA A SPNINGCRIEA DA 0.01 OVERPAY { 06370800004 92/05/22.0098 CLARK R9SLf LLf71 �y 12. B ON,R AY 07!110000000 0%S03110.010< CvialNb66 PrHVLLIN A fAOt�RLgfY11 P E,oV! lIR1 AV 10463400000 9p l03/I/•0561 PREjSGH 92741092 A ■RAfICO'fF IJ 6 R' X1:30 OVERPAY . 1 4 11166500000 68/05/10-6751 JO Nat I, dGRA fADIiS FOR TT.110 rr nn •Al B 0 16 OVERPAY t+1 07611100000 68/05/26.0608 6CM01N GWILLIAMN T8 JUL It 0 AOLttN06HILLSR 1,660.40 OVtAPAY 1 19515500000 92/03129.0070 HAMONTI�[I.WILLIAM S 142,29 OVERPAY 60466800000 !1/05116.10 B TETRA PAN 1 /SOUTH CENTRAL AI�IPOR7 40 k RlAY 1 02411300000 08/95/29.1009 ■ATfOM, 149011 C ME RY Y f0f.0� 0V R1_AY 10310600000 08103!5 -■494 T100LPOLR ■tLl1AM T JA 1!11 PAyy Tt ppR ) 01 0V A AV Off 71200000 98102/30-0780 HORN, ,,17f�7111Y ■ 1 PINNY 0 20ll1Ci117ON. 100.0 OY 4 AY 10277600600 92/05/50-001!0 W[tf IN 1441► J f R LL L Y C1 14 1 CCV RIAY 07761100000 00/02/50-1007 IOLS�, K LIE A2000IM ST CR 0.03 OVERPAY 03467200000 01/02/31.0520 ELECTRONIC DATA SYSTEMS N BONNIE 6RA1 C.2t OVERPAY 10641100000 68/07/31.0591 OAUER, CANNY L 4 DIANNA WHITEFISH CT 00,95 OVERPAY 02181000000 95!07121-0077 MAAS rNOY M 8 Film, PAULA R 0186911 OT 340.14.OVt42 AV � 13650400400 90/05/31.0792 MCNA{T 4AMIf 1 AIAN 1 1.366 03 OVER AY 08533500092 01/63157.0106 EVf 4i 1f, JOMNI4 0 0AN0[NYt[M fT 0.a ovaR►116 1 / q Apetgq No - 0 Apeeda AGENDA INFORMATION SHEET I AGENDA DATE: November l6, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Sharon Mays 349-8487 ACnI: Kathy DuBose,Fiscal and Municipal Services SPBJECT: An ordinance rescinding the award of a public works contract to Great Southwestern Construction, Inc., for the construction of 69KV Transmission Facilities in the amount of $1,310,622 (Ordinance 99-394) and awarding a public works contract and providing expenditure of funds for emergency construction of a 69KV Transmission Facilities in accordance with provision of State law exempting such purchases from requirements of competitive bidding and providing effective date (Purchase Order 00983 — Great Southwestern Construction, Inc. in the amount ofS 1,393,814.62). BACKGROUND: I he PUB approved a bid from Grea1 Southwestern Construction, Inc., for construction of the subject transmission facilities on October 4`h, and the City Council approved the contract on November 2"d. On November 3`d, a fax dated November 2nd was received informing us that treat Southwestern would no longer honor their bid since a contract had not been awarded within 60 days. The instructions to bidders required that prices be stated as firm for 60 days. 1'he 60 day period expired October 30h. The letter further slated that,if we wished to pursue an arrangement with Great Southwestern to construct the transmission facilities, they would require an additional amount projected at $139,633.76. The following recaps events since the bid opening. Bids were opened on August 31, 3999. Great Southwestem was the apparent low bidder with an amount of $1.310.622. Exhibit 4 is a summary of the bids. Evaluation was completed its approximately two weeks. Great Southwestern Construction remained the low bidder by $443,071. Great Southwestern was advised that they were the low bidder, after evaluation, and what the steps in the approval process would be. The PUB approved the bid from Great Southwestern on October 4'h, Purchasing was advised of the PUB approval on October 4u' and %vas requested to place an item for contract approval on the October 19'h Council Consent Agenda to pennit award as soon as possible. This project must be completed prior to reaching summer load levels. Purchasing personnel advised that those who would prepare the agenda item were out of the office, and no action could be taken until they returned. Upon his retum on October 8'h' Toni Shaw was advised by utility department staff that the item could n.,' be presented at the October IOCouncil Meeting because the necessary reimbursement resolution to i cover the expenditures woidd not be approved until the October 19'h Council meeting. It would, A, t, therefore, be necessary to place the contract approval on the November 2"d meeting agenda. On ! October 4"', Great Southwestern was advised of the PUB approval and that Council approval would likely occur on November 2"d. Great Southwestem raised no objections at that time. l 0 T Agenda Information Sheet t' November 15, 1999 page 2 BACKGROUND(CONTINUEDI: On October the 15, 1999, Purchasing scheduled the contract for consideration by Council on November 2, 1999. This was the earliest regularly scheduled meeting for Council consideration. The Council approved the contract with Great Southwestem on November 2, 1999. The letter, dated November 2, 1999, from Great Southwestern, informing the City of their position on the contract, was received by Electric Engineering on November 3, 1999. Additional project cost was justified by Great Southwestern on the basis of overtime required to meet the projea schedule, potential material price increases, and mobilization costs for crews and equipment, al the result of a later than expected project start time. Approval coming three days beyond the 60- day firm price period required in the bid invitation gave Great Southwestern the opportmnnty to introduce a price change. ARer receipt of the letter from Great Sauthwestcm, negotiations were conducted. The increase requested was reduced to S 83,192.62,resulting in a contract price of S 1,393,814.62. The Spencer to Locust project is required to provide adequate transmission capacity for growth and for outage situations,to meet the requirements of ERCOT transmission planning criteria, and to replace aging wood structures that were installed in 1962. The peak load on the Spencer to { Locust transmission line has been approximately 70 MVA. The maximum rating of the existing line is 77 MVA, Outage of the Denton North to North Lakes transmission line, at or near the time of the summer peak, could place up to 105 MVA on the Spencer to Locust line instantly. That would be a 140%overload. This could result in failure of the line conductors which could impact public health and safety of Denton residents. Loss of the Sper-er- Locust line when the Denton North - North Lakes line is out of service would result in loss of power to over 401/0 of the Cily's load. This condition would outage Locust, Hickory, and North Lakes substations. ERCOT planning criteria requires that all parts of the transmission system be capable of remaining in service for various outage conditions. The least complex condition that must be mct is that the transmission system must be capable of continuing to carry the load for outage of any single line. Denton is clearly in violation of ERCOT system security requirements because of the capacity of the Spencer to Locust line. Reconstruction of the Spencer to Locust transmission line will address all the problems related to that line. The capacity of the reconstructed line will be 129 MVA. ERCOT criteria aside, the real issue is that the 69KV system does not have the capacity to provide continuous power to our customers in the event of certain single segment outages, even when loading is significantly below that of the summer peak. The Spencer to Locust problem is only the first of several deficiencies that must be addressed in order to assure integrity of the system and to accommodate continued growth. The same problem exists for the Denton North to r North Lakes line. An outage of the Spencer to Locust line, at or near The time of the peak, will 1 +' place up to 105 MVA on the Denton North to North Lakes line,which also has a maximum load capability of 77 MVA. The portion of the Denton North to North Lakes line that has smaller conductor is scheduled for reconstruction starting in the fall of 2000. These two transmission 1 I t Agenda Information Sheet November 16, 1999 ( Page 3 BACKGROUND(CONTINUED): lines are the only sources for the same three substations. The lines cannot be rebuilt at the same time. Delay in one project will cause adelay for the second project. Delay will also increase the problems related to construction because of continued load growth. From the information above, it is clear that the construction for the Spencer to Locust line must be completed prior to the summer peak and at times when system load is approximately 40%lower than the summer peak. Failure to complete the project prior to the summer of 2000 will expose the system to a higher potential for damage than is desired and expose our customers to another period where the risk of an extended outage is higher than desired. Given the above circumstances and the fact that construction needs to be completed no later than May 3, 2000 to avoid potential service losses,sufficient time for rebiding is not available. Due to the potential for losses as outlined above, the construction of the 69KV Transmission Facilities has been declared an emergency condition by Denton Municipal Electric and therefore such expenditure is exempt from the competitive bidding process per Chaoler 252 of the Texas Local Government / RECONIMENDATION: t, We recommend the award of the contract to Great Southwestem Construction, Inc., in the amount of$010,622 be rescinded and that the Purchase Order 00983 be awarded to Great Southwestern Construction, Inc., in the amount of S 1,393,814.62 for the emergency construction of 69KV Transmission Facilities per Bid 2394 and 2395 specification documents. ESTIMATED SCII EDULF,OF PROJECT: , The revised construction scheduled is for work to begin in December 1999 and to be completed no later [ban May of 2000. PRIOR ACTIONIS VIEW: j • The Public Utility Board recommended approval of the original contract on October 4, 1999. s City Council awarded original contract (Ordinance 99.394) to Great Southwestern Construction, Inc., on November 1, 1999. • Public Utility Board reviewed the emergency expenditure in the amount of S 1,393,814.62 on November 15, 1999. a FISCAL INFORMATION: Funds for this portion of the reconstruction of the 69KV Transmission Line are available from " �� 1998 Rcvcnue Bond account (653.080•RB98.36$0-9219•C054004B). r 1 i r r t Agenda Information Sheet November 16, 1999 Page 4 ff DID INFORMATION: 1 This portion of the reconstruction of the 69KV Transmission Line consist of three major sections: SID INFORMATION (CONTINUED): 1. Spencer to Locust Transmission Line Rebuild The Spencer to Locust project is to rebui!d the 69KV transmission line between the Spencer Plant and the Locust Substation with a larger conductor. The length of the line is 10,500 feet and will consist of 54 weathering, tubular steel structures,23 of which will require concrete piers that have depths ranging from I6 to 34 feet. Approximately 1,200 feet of the transmission line along Johnson and Collins Street will be removed and not rebuilt. The transmission line will have two large conductor distribution circuits installed below the transmission conductors. I. spencer to Locust Transmission Me Rebuild(Continued} The contractor will be responsible for installation of steel poles, retirement of the existing lines, disposal of all removed material, and providing all materials required for construction except for the steel poles. Purchase of the poles was approved previously. Most of the poles have been received. This is the first project in a long-range plan to rebuild the 69KV loop. "I ho Spencer to Locust project is required to provide adequate capacity for growth and for outage situations, to meet the requirements of FRCOT transmission planing criteria, and to replace aging wood structures that were placed in service in 1962. The peak load on (lie Spencer to Locust transmission line has been approximately 70 MVA. The maximum rating of the line is 77 hIVA. Outages of other transmission segments, at or near the time of [lie peak, could place up to approximately 105 MVA on the Spencer to Locust line instantly. That would be a 140% overload, which could result in failure of the line conductors in a very short time. Such an outage would affect over 40*110 of the City's load, FRCOT planning criteria requires that all parts of the transmission line system be capable of remaining in service for various outage conditions. The 105 MVA loading would occur if the North Denton Interchange to North Lakes Substation transmission line were to trip Luring peak loads. Denton is clearly in violation of ERCOT system security rcquircotents, Reconstruction of the Spencer to Locust transmission line will address all , A, r. the problems outlined above. It should be noted that continued growth will only increase ! the magnitude of the problem.The capability of the reconstructed line will be 120 bIVA, 1 C t L Agenda Information Sheet November 16, 1999 Page 5 11. Crossing US77 at Rinpx Road US77 is being widened to four-lane in the northern part of Denton. Two 69KV transmission poles near the intersection of US77 and Riney Road must be relocated as a result of the road construction. One pole is in the center of one of the future lanes. A second pole is to near the pavement edge in a turning lane BID INFORMATION (CONTINUED): These poles .,re part of the 69KV transmission line between North Denton Interchange and North Lakc, Substation. It will not be possible to simply move the two poles in conflict with the road. For structural reasons, a total of 650 feet will have to be reconstructed. Four wood poles will be replaced with three steel poles. One of the four will be the comer poi: two spans to the east of the road. That pole is in poor condition and in need of replacei.ent due to age. Anchoring for the comer pole and one other structure will be eliminate%', Ill. A'oi1h Lakes Sabstadon Pet!Replacement This project is to replace all the existing transmission structures within the North Lakes Substation with steel self-supporting structu:s. All existing structures are wood. Two poles are significantly damaged from woodpeckers and fire and must be replaced. Several others are leaning or deformed from side stress because space in and around the station would not permit proper anchoring. The only reasonable solution is to replace all structures with self-supporting steel structures. ' Future public works bid documents requiring action or review by a board or commission prior to submittal to council for final approval will require terms, prices and conditions to be held firm for 90 days to allow sufllcient time for bid evaluation, agenda preparation and for the review/approval process to take place. Respectfully submitted: Tom Shaw,CTAI., 349.7100 Purchasing Agent Attachment 1: Later of non-acceptanre from Great Southwestem Construction, Inc. t j jr n received November 3, 1999 / Attachment 2; Revised Proposal dated November 11, 1999 l Attachment 3: Purchase Order 00983 to Greal Southwestern Construction, Inc, Attachment 4: Tabulation of Bid 2494/2495 1273, AGENDA I 1 I I ORDINANCE NO. AN ORDINANCE RESCINDING THE AWARD OF A PUBLIC WORKS CONTRACT TO GREAT SOUTHWESTERN CONSTRUCTION, INC., FOR THE CONSTRUCTION OF 69KV TRANSMISSION FACILITIES IN THE AMOUNT OF 51,310,622 (ORDINANCE 99-394) AND AWARDING A PUBLIC WORKS CONTRACT AND PROVIDING EXPENDITURE OF FUNDS FOR THE EMERGENCY CONSTRUCTION OF A 69KV TRANSMISSION FACILITIES IN ACCORDANCE WITH PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING AND PROVIDING EFFECTIVE DATE. (PURCHASE ORDER 00983-GREAT SOUTHWESTERN CONSTRUCTIONJ,INC., IN THE AMOUNT OF S 1,393,814.62). WHEREAS,the City Manager having recommended to the City Council that said ordinance 99-334 be rescinded; and that a contract and subsequent purchase order then be approved in the amount of S 1,393,814.62 ba;ed upon nter enc n conditions outlined in 8 Y the memorandum on file in the office of the Purchasing Agent, incorporated herein b � Y reference; being in compliance with the requirements of Chapter 252 of the Local Gcvcmment Cods;NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council hereby rescinds Ordinance No. 99-394 which awarded a public works contract for the construction of a 69KV Transmission Facilities to Southwestern Construction,Inc. in the amount of S 1,310.622.00. SECTION 11, That the City Council hereby determines that there is a possible threat to the public health and safety of Denton residents that requires the immediate appropriation of money to relieve such threat to the citizens of Denton and by reason thereof,the following emergency purchases of materials,equipment,supplies or services, as described in the"Purchase Order"referenced herein, are hereby approved: PURCHASE ORDER NUMBER VENDOg AMOUNT 00983 Grea, 3outhwestem Construction,Inc, S 1,393,814.62 SECTION III. That because of such emergency, the City Manager or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orden and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of State law exempting such purchases by the City from the requirements of competitive bids. A, SECTION IV.This ordinance shall become effective immediately upon its passage and approval N i U 1 I I i I� � I PASSED AND APPROVED this the_day of 1999. i JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PRODUTYY,CITY ATTORNEY 00983 EMERGENCI'CONTRACT(REVISION7.ORDIANCE r • ti C, GREAT SOUTHWESTERN CONSTRUCTION, INC. November 2, 1999 City of Denton TX Donald McLaughrin, P.E 901-A Texas Street Denton, TX 76201 Re: Spencer to locust 89 kV Upgrade North Lakes Substation 89 kV Upgrade US 77 and Riney Road Intersection 89 W Upgrade GSWC Project No. Gentleman: As you are aware, proposals for this project were submitted on August 31, 1999.Within days we were contacted by a representative of the City of Denton, and informed that we were the apparent low bidder on the project, and that it was the City's intention to award the contract to Great Southwestern Construction, Inc. It has now been ma a than 60 days since the date of our proposal. The Bid document reads, "Alf prices stated herein are firm and shall not be subject to change provided the Proposal Is accepted within 60 days." We compiled our proposal based on the MILESTONE OATES outlined on sheet 1D-1 of the contract documents. According to this schedule,we assumed an award within 15 days of the proposal and a Notice to Proceed onlor about September 25, 1999. With this as a start date,using our estimated hours we planed on completing the project on March ' 15, 1999. We anticipated a 10 man crew and no significant over time premium pay for the project. At the time of the proposal all necessary labor, equipment, and resources for this project were available to mobilize directly to the Denton area Unfortunately, due to the delay in award we have had to separate that crew and send them to other projects. The equipment has been dispersed. Our original plan for completing this work will have to be re-evaluated In order to most the Milestone date of March 15, 1999 we will need to work an average of 55 hours per week, per man. This calculates as follows, Over time tours per week 15 hrs. Crew size 11 men r Premium hours per week 165 hrs. A r; Weeks based on NTP of Nov. 15 16.34 weeks /r Total overtime hours 2,696.45 firs. Hourly premium charge $9 90 Total additional ever time costs $34,784.00 1100 Topeka Way, P.O. Box 849, Castle Rock, Colorado 80104 IntlgaR.;Rtq hrrnrru1��rQrr•arsn1oha•rgrrrnrorn Fax1101168A.44IF; l c t i � I In addition to these over time expenaes,two are additional cost that need to be considered. A crew of sufficient personnel will new to be reassembled and mobilized to 41 the project This will have a negative~on otfwr projects. Equipment that had originally been ad"Ied for this project was seat, due to the delay,to other projects or has been setting Idle at our corporate facility. This equipment will now have to be re- organized and transported to the Denton arse. Considerable additional cdort win be needed to procuro the necessary material for this project By experience we antidps%these additional costs at 8%of the original proposal amount $1,310,833.00 x 8% ■ $104,819.78 This cost is in addition b the above mentioned over time costs. Concerning the contractor furnished material.We have made some preiiminary inquiries about the availability of the material to be used on this project. Due to unusually heavy dema,id at present for this We of material, the delivery dates have slipped considerably, as evidenced by the following. ilia Current Insulators 14 wanks 24 weeks Conductors 8 wanks No date given OPGW 10 weeks No date given Miss Materials 4 weeks Stock to 14 weeks We believe with diligent work on our part, that these dates can be somewhat Improved, although we do antidpats a slight Increase ki pricing on some items.We are hesitant to request our suppliers to provide additional tnformaficn at this time, until we arc sure that the project will proceed. If after considering the anticipated coat Increases detailed above, the City of DbMOn remains interested In proceeding with the project, please contact our office.We will be happy to firm up the referenced additional costs and submit a revised schedule. If any additional information Is necessary, please do not hesitate to contact our office. Sincerely yours, CI ) Frank T. Morrissey Project Developer cc., File Copy Contract File FTMlsm At { f i Z ATTACHMENT 2 GREAT SOUTHWESTERN CONSTRUCTION, INC. November 11, 1999 City of Denton TX Mr. Chuck Sears 901•A Texas Street Denton T X 76201 Ae: Spencer to Locust 69 kV Upgrade North Lakes Substation 69 kV Upgrade US ,7 and Riney Road Intersection 69 kV Upgrade Gentlemen: We have closely reviewed our proposal for the above referenced project and have determined that there have been Increased material, equipment and mobilization costs. Additionally, we have evaluated the revised construction schedule and determined in order to accelerate the project to meet the new completion date of May 3, 2000, we will incur considerable additional over time labor 4.0sts. The project was bid with r oery low margin leaving no room to absorb these additional costs. With this in mind ti would like to revise our proposal of August 31, 1999 and our letter of November 2, 1999 as foilows. PROJECT r ORIGINAL ADDER REVISED PROPOSAL TOTAL SPENCER to LOCUST 1 51063-308 00 167,488.18 5�1 130,796.16 NORTH LAKES S 199222. 512,650.60 S 211 872.60 HWY #77 �S 48,092.00 S 30:13.84 $ 51,145Z4 TOTAL $1,310,622.00 1 S1.393,814,62 We have evaivated the availability of the material necessary for this project and havo been informed that the manufacturers will not guarantee delivery dates on thelr products unt+l a firm order is placed.We do not anticipate any problems at this time. However, NO must quality our proposal bas9d on the delivery date for mater!als, a% established at " the time the orders are placed. 1 1 100 Topeka Way, P O. Box 849, Crstle Rock, Cniorado 80104 n .i LOo 1016 %. ...,•„ nw�n•nn,..1. y,.ru�� r.n... Cnv ww� �aa.eata Elm c i 2 4. If the above terms are acceptable to the City of Denton, please reuse your contract and send It to us for signature. We appredate the cooperation of the City in this matter and look forward to a successful completion of this project to the mutual satisfaction of all parties Involved. i If any additional Information is necessary,please do not hesitate to contact our office. Sincerely yours, rank T. Morrissey Project Developer cc: File Copy PD i 1 haaeax�prop.ea i i e ` i' 9D1 8 TEXAS STREET vs I t Vr tucim I vIV, I CAA, DENTON TX 76201 P.O. _ PURCHASE ORDER OD983 D11E I NO' DOCCU2MIENT T1Pe GRE54000 GREAT SOUTHWESTERN CONST . ELECTRIC TO S21 1100 TOPEKA WAY PO SOX 849 1701 C SPENCER RD CASTLE ROCK CO 80104 DENTON, TEXAS 76205 fEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION 810 NO. LINE AMOLNT 01 653 080 R898 3650 9219 0.00 CONSTRUCTION OF 69KV 1,393,814.62 TRANSMISSION FACILITIES, SPECNER TO LOCUST TRANSMISSION LINE REBUILD CROSSING OF US77 AT RINEY ROAD NORTH LAKES SUBSTATION POLE REPLACEMENT TOTAL FOR P.O. t 1,393,814,62 'he City of Denton, Texas Is tax exempt-House 8111 No. 20. leterencs P.O. Number on .I OIL Shipments and Involcet. Shipments are FAb. City of Denton, or as indicated. By Purchasing OSviaion A.R. Number Items Received Date Voucher Number Amount A, I PURCHAStNO rR. i TABUt.nstat sum , Bid Summary br 69W Reconstruction IOd•90 Exhibit 1 Blddsr 8pawr to Locust North Laksa U. 8. 77•Riney Total Baee Aksrtats 8m AWnate gees orsat SoutfrwseWRConatruction Inc. 1 $1,003,3081 $100,222 $46,092 $1,310,022 Muetsnp in Conbscton Inc. $1,337,231 S013,4601 $1,763,003 11,620,666 $476,037 $1'06,922 Red Simpson 1 $4,797,9821 1 $627,027 $4,797,962 $6,424,000 1627,027 16.424,000 Ernest P, Breaux EWctt t Inc $1,600,000 $306,1100 $1,606,000 a. 11,b26,000 $101,000 $1,026,000 Bass Bid required rsslontion of the 00KV tranamialon to BMW wkhh 24 faun of squat Allernste Bid was kw no requirement to restorattOn of 0te 691$4 Me du"the construction. { PUB SP-LO 69 Spend Shah s1a l f 1, AP& ApN&Ibm AGENDA INFORMATION SHEET AGENDA DATE: November 16, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tom Shaw 349.7100 I ACM: Kathy DuBo se, Fiscal and Municipal Services SUBJECT: An Ordinance authorizing the City Manager to accept an Interlocal Agreement with Collin County Texas to authorize participation in vario-,s Collin County Texas contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 2437 — InterIocal Agreement with Collin County Texas). BACKGROUND; The lnterlocal Cooperative Act, V,T.C.A. Government Code Chapter 791, authorizes respective participating goverrunents to enter into joint contracts and agreements for the purchase of necessary materials, supplies and services. Over the past several years, the City of Denton and other entities have entered into cooperative purchasing agreements that have been highly beneficial to the taxpayer3 through anticipated savings. The attached agreement is an authorization to participate in contracts awarded by Collin County Texas for various goods and services. Any acquisition exceeding $15,000 will be presented to Council for approval,prior to issuing a purchase order. ESTIMATED SCHEDULE OF PROJECTt This agreement is effective upon approval by the Collin County Texas Commissioners Court and will remain in effect until terminated by either party. RECOMMENDATION: We recommend this Interlocal Agreement be approved, FISCAL INFORMATION: Each acquisition, based on this agreement, will follow the City of Denton fiscal � verification policy and be charged to the appropriate budget account. f 1 1 Agenda Information Sheet November 16, 1999 Page 2 AGREEMENT INFORMATION, This Interlocal Agreement will allow the City of Denton to utilize contracts for supplies and services competitively bid by Collin County Texas. In the past,we have purchased such items as police sedans, tires, corrugated metal pipe, lubricants, oils, road materials and other supplies from similar agreements. The bid process followed by Collin County Texas meets all State bidding requirements and bid opportunities an extended to all local suppliers. Respectfully submitted: Name: Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agent 1294 AGENDA I ' 11 C ! 1 f, c, I ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN INTERLOCAL AGREEMENT WITH COLLIN COUNTY TEXAS TO AUTHORIZE PARTICIPATION IN VARIOUS COLLIN COUNTY TEXAS CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 2437 — WTERLOCAL AGREEMENT WITH COLLIN COUNTY TEXAS). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute the attached agreement,a copy of which is attached hereto and incorporated by reference herein. SECTION II. That the City Manager Is authorized to expend funds pursuant to the agreement for the purchase of various goods and services. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1994. JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY f BY: 1 i COLLSN COUNTY TEXAS•INTE$LOCAL ORDINANCE A, q t. i 4 INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN COLLIN COUNTY TEXAS AND CITY OF DENTON,TEXAS STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT is made on the day of i999, between the City of Denton, State of Texas, and Collin County Texas ; each referred to herein as participating governments. WHEREAS, the respective participating governments are authorized by the Interlocal Cooperation Act,V.T.C.A. Government Code,Chapter 791,to enter into joint contracts and agreements for the performance of governmental functions and services including administrative functions normally associa:%A with the operation of government such as purchasLig of necessary materials and supplies; WHEREAS, it is the desire of the aforesaid participating governments to comply with and further the policies and purpose of the Intedocal Cooperation Act; WHEREAS, the participating governments cannot normally obtain the best possible purchase price for materials and supplies acting Individually and without cooperation; and WHEREAS, it is deemed in the best interest of all participating governments that said governments do enter Into a mutually satisfactory agreement for the purchase of certain materials and supplies; WHEREAS, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally av►uf able to that party; MOW,THEREFORE,the parties hereto, in consideration of the mutual covenants and conditions contained herein and pursuant to the authority permitted under the Interlocal Cooperation Act, promise and agree as follows: I. Purpose i The purpose of this Agreement is to authorize participation of the City of Denton in various Collin County Texas contracts for the purchase of various goods and services. Participation In this cooperative program will be highly beneficial to the taxpayers of the lit City of Denton through anticipated ravings to be realized. • i F �! t' 1 �I f ; I r n. Duration of Agreement This Agreement shall be in effect from the date of execution until terminated by either party to the agreement. III. Relationship of Parties It is agreed that the City of Denton,in receiving products and/or services specified in this agreement, shall act as an in',.pendent purchaser and shall have control of its needs and the manner in which they are acquired. Neither the City of Denton, its agents, employees, volunteer help or any other person operating under this contract shall be considered an agent or employee of Collin County Texas and shall not be entitled to participate in any pension plans or other benefits that Collin County Texas provides its employees. Collin County Texas shall notify all participating entities of available contracts to include terms of contract, commodity cost, contact names and addresses. Collin County Texas shall keep participating governments informed of all changes to the Cooperative Purchasing list of contracts. Nothing in this agreement shall prevent any participating government from accepting and awarding bids for commodities subject to this agreement individually and in its own behalf. Tom D. Shaw, C.P.M.. Purchasing Agent is hereby designated as the official representative to act for the City of Deni,n in a!:matters relating to this agreement. IV. Purchase of Goods and Services Alt products and services shall be procured by Collin County Texas in accordance with procedures governing competitive bids and competitive proposals. The participating government will be able to purchase from those contracts established by Collin County Texas where notice has been given in the specifications and successful bidder has accepted temts for Cooperative Purchasing Agreements for local governments. The participating governments hereto agree that the ordering of products and services through this agreement shall be their indivldual responsibility and that the A, c successful bidder or bidden shall bill each participating govemtnent directly. r I f • t 1 f I The participating governments agree to pay successful bidders directly for all products of services received from current revenues available for such purchase: Each participating government shall be liable to the successful bidder only for products and services ordered by and received by it, and shall not by the execution of this agreement assume any additional liability. i Collin County Texas does not warrant and is not responsible for the quality or delivery of products or services from successful bidder. The participating government shall receive all warranties provided by successful bidder for the products or services purchased. In the event that any dispute arises between individual participating government and a successful bidder, the same shall be handled by and between the participating government body and the bidder. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers thereon the day and the year first above written. i COLLIN COUNTY TEXAS CITY OF DENTON By: By: Michael W.Jez j City Manager r { r 1 1 I t AWAA No. _�2 "a^as lam Date AGENDA INFORMATION SHEET AGENDA DATE: November 16, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Alex Pettit 349-8515 ACM: Kathy DuBose, Fiscal and Municipal Services l SUBJECT An Ordinance approving the expenditure of funds for the purchase of copy machine maintenance available from only one source in accordance with the provisions of State Law exempting such purchases from requirements of competitive bids; and approving an effective date (Purchase Order 00194 to Danka Office Imaging in the amount of$26,760 per year through January 2002). BACKGROUND In January of 1999 the City of Denton purchased a Kodak IS700 color copierfprinter for use by the Reprographics Division in the development of a copy center/print shop. The year maintenance charges were included in the purchase price. ESTIMATED SCHEDULE OF PROJECT Tbis is an ongoing project from January 2000 through January 2002. RECOMMENDATION: We recommend Purchase Order 00194 for copy machine maintenance from Dank&Office Imaging be approved in the amount of $26,760 for the second of a three year maintenance agreement. FISCAL INFORMATION This maintenance agreement will be funded from Operating Budget Account for Copier Expenses(710-043-0582-9576). i PURCHASE ORDER INFORMATION This Purchase Order is for the annual maintenance agreement for the Kodak IS700 color copier/printer located in the Reprographics Division,The charges include 5650 per mouth maintenance plus 5.0019 per copy for 200,000 copies per month or $1,580 for a total of $2,230.00 per month. I i c. Agenda Information Sheet November 16, 1999 Page 2 Respectfully submitted: Name: Tom Shaw,C.P.M.,349.7100 Title: Purchasing Agent Attachment 1: Purcbase Order 00194 to Danka Office Imaging Attachment 2: Quote from Dank&Office Imaging I?97AOENDA i i J { r 4 U PURCHASE ORDER NO: 00194 THIS IS A This nurnllr mist ppsr on ell COWIRMN83 ORDER imoicss, delivery slips, can, OF MARXEDI c1ns., Eo><u, psewin9 sips end bills. DO NOT DUPLICATE Ito No. Bid Na. Doc 11 03 99 Pap No. 01 Pt1RCMASINO OMSIIION 19001 a TEXAS STREof / DDIINTTOK TEXAS 76201-4364 9401349-7100 0/FW METRO 817/257-0042 FAX 9401349-7302 NOOR DAMKA OrF10E INAOIMa Vi1it " Clty of Donlon's WIOsils 11 www.eit7ofdsotoncom � tME/ PO BOX 140989 DELIVERY CENTRAL RECEIVIMO 816 10RESS ADDRESS CENTRAL STOR98 ATLANTA 0A 30314-0989 901 R TEXAS 8T DENTON, TX 16201 ELENA TREVINO VENDOR NO. DAM49700 DWYERY OIM)TED 11 15 99 FOB DESTINATION BUYER 18 TERMS 101 12 . 000 NO VENDOR CAT. 18/N 10567664 Xrfl MANE 20230.000 260160.00 CITY 1 8100 MAINTENANCE ON KODAK 19700MCCA COLOR COPIER/PRINTER P 01 TOTAL s 260760.00 OR MD TOTAL s 26, 760.00 r� 01 110 043 0582 8576 760760.00 1 I { s MItTF1ATNk1t ! T1rfM • FNS 19 1A4.1 IMINN 40.1411 Sent MIOM IINHi1e Wish 6014* em. 4. Sn' M wove111et FAR Gfww 11 K 1 mh" 0*w "Na 814 t1 • Acusmil1 F ! No 1NN11 « 11111 Idf1 UI 1411 M lOcti �ti f ck !c In prim Slnll i Wue► rR ��yy , A Sa+tiu_ WAWA UNFICEIMAOMI ` y 1� • M+ MIIII OUR OM III TOTAL CU/TO IATWACMW love Mr*n TIMIN X M FOR M A CRIMOR ' 1Athwr9'ombwmp"F"a/►.FMwf "mot A4fim Ia owlift "W 1 ChMia ad 3461111 Y fo#w Iwo a!owYMnr Ira kwdmo ow"m1 of i irrw Mangy KyOP;M"C11Mr11DfO11L I CrMinwMYiMrAFCiwIMWr� MlWaaf • YManrdwwNrWIAM46NONMrdy•FA/gAwnMNPmlalw�Tlna • Y rw nrNr gib.wIFM wIr r11�oolaaw�•FAIw fri►fkn EaMwA nA�. • Fw I"dob posAb IM ww d FM0 vow"trflnt mm row/M/wwn$1.0 "I poe M E C.N O/�rp b AI A YMA OIwpoo Atlium !1 S Mkgrwr p e A XpMml OMen.TK 7WI i I 4N prwq &I*M aNwoo Pd ft *LM PAN•MiONCEA$o ft Y PKIP" Fwti 8401*Fwbwnr FfA 1W Coat I I fLK /MnlryM:34" 1 r ur FAaa•A001MCdy TwAo ft 1,000 �y,�YCiMmw•ISIAW A 1Nr n 0141, COLOR I ow, :AEO f rMIWAWOP%WJZ *LM FfW•ADOWOCew Tmlyfb 1pOD1D I Fw"w Rcan•►Mb! OA COLOR admo A:MEN — , VrA**PMlr K}: D lM!!W•AmwKC�Tw1�fM Ip" h w"%%.moo K O,OO!1 COCOA MAN:Yellow 'Ud No.KsM 39A0 AM UNN6 •0 Eq*rmol&AMW ltOlD1000 ,got aow •11100 Do •NeM�tdwpFwnrnrry 11.00 N Taw E w Fttw a1+wio Trip C0wp•eTONCEAMwWI JXJOD 'In"Chrp••wiY Sb w if •WYICMp.rwWyam" is cc "TKa EYEm TE.00 Tis "bm[nnow1Mun RAAt na Trlli 1 Aid 30 nmr4m hip ow" m" 1 U -- ( ` r� S ' I � ORDINANCE NO. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF COPY MACHINE MAINTENANCE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND APPROVING AN EFFECTIVE DATE (PURCHASE ORDER 00194 TO DANKA OFFICE IMAGING IN THE AMOUNT OF $26,760 PER YEAR THROUGH JANUARY 2002). WHEREAS, Section 252.022 of the Lzal_ Government Code provides that procurement of items that are only available from one source, Including; Items that are only available from one source because of patents,copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph;NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following purchase of materials, equipment or supplies,as j I described in the "Purchase Orders" listed hereon, and on file in the office of the Pu-basing Agent, are hereby approved: PURCHASE ORDER VENDO AM4�fNI 00194 DANKA OFFICE IMAGING $26,760 SECTION 11. Thet i�e acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION Ill. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant A - to said contracts is hereby authorized. 1 to U SECTION 1V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day o! , 1499. JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L.PROUTY,CITY ATTORNEY BY: 00194-SOLE SOURCE i O Y- tl 1 Apcndeiuo. 9'2- � � AGENDA INFORMATION SHEET Date AGENDA DATE; Nov ember 16, 1999 Questions conaeming this � uisi;ion ma be directed DEPARTMENT: Materials Management to Ross Chadwick 349-8101 ACM: Kathy DuBose,FIscal and Municipal Services SUBJECT: �` An Ordinance approving the expenditure of funds for the purchase of Life Defibrillators, Monitors and Pce Peri pherals, available from only one source in acwrdance with the provisions of State Law exempting such purchases from requirements of competitive bids; and providing an effective date (Purchase Order 00972 — Medtronic Physio-Control for Lifepak 12 Defibrillators, Monitors and Peripherals and Upgrades to Lifepak 10 Defibrillators,In the amount of$98.201.50). BACKGROUND: 1n early 1986 the Fire Department decided to standardize on defibrillators and monitors manufactured by Medtronic Physio-Control for their Emergency Medical Services. This decision eliminated the need for dual training, two sets of batteries, two chargers etc. A major determining factor was that the hospitals in this area had st-utdardized their equipment around Medtronic Physio-Control. Compatibility and ability to communicate critical life saving data from MICU to emergency rooms out weighed any savings derived from competitive request for proposals. RECOMMENDATION: We recommend Purchase Order 00972 to Medtronic Physio-Contrcd be approved In the r amount of$98,201.50. ESTIMATED SCH D tr F AF PROTFrr Delivery of the listed Items is quoted to be 30.45 days after receipt of an order or approximately the first week in January 2000. FISCAL INFORMATIONe The units will be funded from Motor Pool Funds budgeted for equipment being upgraded to equal that purchased In May of 1999 for the two new pumpers, the 105-foot ladder truck,the 75-foot Quint and the two new ambulances, u Agenda Information Sheet November 16, 1999 - Page 2 PVRC$ASE ORDER INFORMATION: This purchase order is for the acquisition of five Lifepak 12 defibrillators with monitors and five upgrades for the Lifepak 10 defibrillators with monitors, These defibrillator and monitor units are utilized to monitor hear) rotes of accident and heart attack victims and to relay data to area hospitals from emergency response vehicles. Sole Source acquisitions are exempt from the competitive bid process as Indicated in Chapter 252 of the Texas Local Government Code. Respectfully submitted: Tom Shaw,C.P.M,, 349.7100 Purchasing Agent Attachment L Purchase Order 00972 to Medtronic Physcle-Contra! Attachment 2:Quotation SM134791934•A IMAG"A (i I r (1 PURCHASE ORDER NO. 00972 THIS IS A This mar-or must appear on in CONFIRMING ORM invo;�%m, dstivay slips, came, (IF MARRED) r tins., boxes, picking slips rd bins. DO NOT DUPLICATE 104. No'. Bid Na Dote 11 04 99 Psps Na 01 PURCHASING 04VIC�Y9001 6 TEXXA�S STTRRENf TDEENTTON. TEXAS 76201-4384 ~ 9401349-7100 DlFW METRO 817/261-0042 FAX 9401349-7302 NOOR METROMIC PHYBIO-CONTROL Visit the City of Dawn's Wsbslts N www.oilyoldsntonoo,n %ME/ 11811 WILLOWS RD NC DELIVERY CENTRAL RECEIVING 009 )DRESS P.O. BOX 97023 ADDRESS FIRE DEPT. REDMOND NA 98073-9123 901 B TEXAS STREET DENTON, TX 16201ST JOHN CONROY VENDOR NO. NET49006 DELIVERY OUSTED it 16 99 FOB DESTINATION BUYER TS TERMS i01 15.000 BA VENDOR CAT. 1 N / A M►O NAME 18,825.300 94, 126. 50 CITY 1 9100 LIFE PAX 12 CARDIAC MONITOR/DEFIBP.ILLATOR WITH OPTIONS r AND ATTACHMENTS. 102 5.000 BA VENDOR CAT, 1 N / A M10 NAME 795.000 3075 .00 ' CITY 1 9100 1 UPGRADES ON LIFE PAX 10 003 100.000 11 VENDOR CAT, 1 N / A MFG NAME 1 .f!l0 100.004 CITY 1 8100 ESTIMATED FREIGHT i I P ,02 TOTAL t 98, 201 . 50 0040 TOTAL t 980201 .50 f � 01 120 025 0584 9104 98,201 .50 i EHOOA INSiM0CT10NC 1. forms • NN 16 u.NU .Ma«.. v..�n.0 Ssh1 o6 wrl Inwks w40b /ylnMs aNF. 4. INpsty inrbvtuMS F 0► Outing" ow std..,,w.«.. yw0w1 . Sill to - A[COiMitl P 4 4. No fiNrol or Iws islrl t1, "11N Wit d oil E MX ii10116 h Mksl Npst son 1 h I f I ATTACIOKENT 2 I 1114= mC Nm Cary. ' �;. M1r ORw sae Mr, WI WWI Wa ae07aA75e UTA TeIa00.lq.1f�2 Modb Pe[e29,igT.1f1/ kew,el:w.+w d'rex,v■nlrv,m Qu0ut10n to SN34761934-A N Y S I O•C O N T R O l see,nee eM+a,ned4an�e e0m Tot Chief No Do t Pyt p: t rfttm Quote Date: 1t/4/1999 PHI 940-5WS132 Sales Aapruenhtit<e: John Conroy FAX: 940.349.7221 600-"2-1142 IM POD: Redmond,WA Shipping: 30-45 Terms: Net 30 Depn This gnote Is flan until: ll/WI999 bra Dairrlell ■ _. . G2{ uti{v WiaaW TIIW 1. LP12 UWAK 13 reaWwoulter ! i7,99s.00 179,9TS.Od ALL PHYf10dONTaOt WWOtsf M ONAIMQ1 [r,AM YRO 2000C0{/PUANT. FO11OWK)110C310VAmONLYWW QUaM17PU A AAPnNf MPN11RMG1PTA'P1Al.fTTlh1!NOT 1<BWOUm1 MOAK It wood do1kiD.daA.s lid 500 sew OUl,G0MM301W tarw oew a sn OUM-COhuO eiecoadee.! perk&W rleemodes,aperadal WOEucdonl(eorW.ems ad standard Wed peddles sot ba i&4 2. 1•1 LVUAK $1 2 -11.900.00 =9,100,00 ltiedrin value for UFHPAKO l I aeon owdlae can gtwm !. Late Dhtceunt 1 •{!.011.!0 17A11.70 on above. 1. AED Optlua tur die LW9PAK it ! Nu Gulp !. III OPde■ for the LIPBPAK 12 1 {1,!00.00 11!0.09 U.730.00 I 1. 1p03 Opdea Fw the LIMPAK 11 1 {1,310.00 113!.00 11.121.00 includes 1 k able eed seater ample pack �! c ���•v C Ceauteeal Ace Peer.,, NOT-*TERMS CONTAWeO ON TMe AINIAN ON OF TMI/DOCU{Wlt ARI I.OY11610 MAN PART OF TNIe SAM AV=~ lFt� AND AN INCORP'OMM H11R11R, I fl.►-Vr.�lr�r wnl irMwl,witr�A 1,I,!W"Oacul Mo[Om /y.��.thr n i b 1• J NdM lac w 1 G►):k J W Y'.'I i 1,j e fa 0 tN +,u W:eM.ee MUg M.1�MIFa 1 I t, 1 1011 4Mlnwf Alnae N/ Aoat Ortkr 0*0 e,ma rf+1,w,L WA e0omoem ucA 104 49$M AIA In de f4A:173.egN IM P H Y 110-C O N T 101 h[W ,~r,,, "t%n Qaotatlan is SMB47 s 1934-A To: b Naylor Pole h 2 X0 t Quou Dow. IIM9" PHONE:94LL566-8112 82,011 Representative: John Canby PAX:944349.7221 604442.1142 x2261 FOB: Re&=4 WA ShIPPIng: 3043 Terms: Not 30 Der This quote it firm until: 11/30/1999 ratl..A nuniarfAA Usti . QU WAS, finical TWt Culfnef,., 7, 11.14" BC6 bbr/rrlof Oplior for Ibr f tT,leO,M If93,Of1 132.1113340 LUKtAK 1] Modes I9-%w mda cebh 4-wW limb bud AgIsamcat 6.W e v400 AV IFOO M Amnnt.2 arch 3-prrk mad 1 eecb 4-9eck of BW ehxa9Qrr, IDo=pewt.r eed 7 fo0a d LDD=teoordW paper. S. LPIIKMP .4e11Iaveeive Blow 1're/eard (Nn?) ! 19,750.00 117100 !17,31!•00 lochda.2ll boat ud Ieue.bL ednis eefT, Ur dL>fBPAK Nk`d bAtterlel 11 stony mcoeuaeaded rdth rho opdoa. !. 300937! FAMAK 9 betlory n14b faet pup Axh 60 1137.00 f13.10 If,3D1.tU erluble idcW cAdailote 10. 3010111 Qr• The RdpIN QLIK•LUMMU-rr eMcoraee The�r•,QV11(t*001W 40 !9!•10 !7!.10 No Berle f4tb Par pw. (10-49 pelvl Paeiel/Qefib6DatloNE00 ekcsrodrt 11. LPI211AX tax Truerledoadacfor7 ladelled S 1910.10 aeablea LMAK 12 fn orgmle 11-16ud 191.00 1945.00 n►lun w o rnuub fu ACC 5330 R S j",W�OOMMV��; 19. 3010]DI IRIerlml Yoder S 1]31,00 193,70 11,066.50 1�' Mggrlru Modrer Door Amy) A, i r, Coaflavid Inr pap... AND AM1 IN CONTAINED TM 411111 REYIR"11010P THS DOC1nANT ARf ERPRESkY MAD$PAR}OPflu SALIA AahELVOT IMII AND MI 1NCORPORA7E0 NEREIAL swc fMAI W14 w KI a,•:s 14W 10 C V NJA nnrv„A rVOLd A.V r'Q•'n r*6q.;&v/0R1 It,N.r el laife rt 11 w I.Y'Jt W pr a0o NRO. YW•r a1 AMII%A•"ww agI c f II , i M i JQ3L-16 lul,YMIpwA Ava NO �. Prw ON"ea Iron ��� �y� WeffaM,WA 1101J IttJ UAA ��7�� F IDD.41.1119 `p yaocane d 0" Quotattoa M: SI34?8 1934-A F,N l'510 [a N T A 0 L hwfm: *a a,a.tum To: Chief G'M&Taylor Page #1 3 lkatM Fite DOPUM eot Quiete Datew.. 11/411999 P1i01V8:940-566.8132 9elm Aepnlanfaliee: John COWRY VAX:940-349-7221 800.444.1142 z24b1 FAA: Redmond,WA i Shlppl11g1 3045 Tem: Nd 30 Days Th16 quote to li m MM: 11130+1999 UUall Ea�+.e n.,rr bete. OtT tclrr a166ea1t LW Coalbu/... 10. 3011412 MO&M War Amy ! !11.00 11.t0 !12150 14. $011011-02 OmAe evrrw cam 5 6121.00 6121,00 NO QKW Pw ae LUVAK 11. 6WW"lhoWdet me,ftk poaok led hm Mwc 11. 3010266 Left Foul 1 119.00 119.00 No ckwpl 16. 3010267 Top Pcard 1 139.00 139.00 No oArpl A 17, saltus7.00 Beck P0ecb-sma11 S *29M 149A lmL30mr Cafbar/ arts lNf1•.. I , 4J A � i i ANO A TEAAM A!IMC0O OMAMa'0 CN tYl!11lVEfllE blt7E a TNI!DOCUMlM Al1E lJtPllEaILY AIADa fAAI17 0/flNa ULN A0N0kItlIT p M tl AJfD A1170NATl011l111f1. Adl* Ir.WO rlU mAa ICA we M MWA MIN 09hWP/Ntltr fy'M. C I ' i 'I ,Moved.►nrWo-cenva cao. IIrt1ww+4 0 Na onr, eb.r orw aW 1 .. NoavyrL wA oroTO orr.�i au TaR dooau.I uo �+ 4arnae pwveWauo am v dam Quotation I1 SHM7111934-A M510-CONTROL Ink/na:vA w madV(•ik am to-, Chief"Taylor Ply+ 0: 4 DeamPtreDvartromd QWte Oste: 11/4/1999 PHONIS: 94x360 bt32 8d� lieptoaentatin: John Cooroy PAX:940.349.7221 1106412-1142 x2261 FOB: RedrraA WA 3hlpplafl 3WS Tam: Net 30 Dm This quote Is firm uotllt IIA011999 Mit b r haeerlatla• QZ! 1"LLallt law coadavef... IF ALLYIlY:laflUrv1"NOlvt nOIeAIIOYaQUaMAPAY6Aa 7000 COU MAN T. IO AVWM POWDI0 YAM ONLY'WI@1 QWi918MML-JA=a1n=DM WYQOVrMaTT9MaNOT 7, LIMA1,10C: Parm"DC�0 hobo a ��.!L bollata wdoraura paasAw,else waolodoo 7."*am daLlk&6m mode,noraal am"•TAOI"danbrfoadaa pamw ttor ow"■cawd o QunctTLUm—d "eftean �0 y paddles.I mare wtm*m.wwp oA& r.Wr QUM4- 3 ' v paiaddafibetlladoelaCb abirmadan,hart eawr ea~ 0141"Y' fay araowi;%I op d"raeadea vldt CCt11i 1tJ1"'Yn, 0 aldcal MrA I*= ]aaladu Me OWNdO 10aatwdoac ON larAac Mwa.L 90&s m.7-Icd padrot cdda,one Q1rottow Oft pairatQ=-COM306 ppedwal t�Doi d�an+It00 e4era" DERMA 1B1.w A' o Ia PI,Wrw MIS OA qnp dw Men&paper and and PA377AKO boo" I yaee v umcy a pant ad Is$0r, to. 107143.09 Caries Cw 1 1111.00 1113.00 No Cleaa CST)*in$hat boA haa4 tide pouch w1aw stomp of aeleeoed aeealaorfea trMrGra/ uar Pad*... / •� A, /, NOTI:TEMMa C4waMCn cw row ppvr E aloE op TNIa O OoUTAEMT A11a 770 ANKY MAGI PMT o/rM OALU AOWWMIIT AMR AND MI 1NCONPOAUM NINFJAL sr r 6.10 it MYJ pli C"sjw w CnePAI NAI'uA r V Ikr A1xv:47a Iv5rd it 1*4{1a we to MAW b U'a 0'�'.IM XeC MN OMa A•rnn rer M.a ew.y.a+Y.awa U I.le kI VVI 04Am�tM: Cara. .. 4:. I I tt wsnrl�ra he o k4 to I7MS AWWd,WA IDa W28 UM 14 SIN H9.1%12 wMM: r1K7Ark6 Fft,A 1�w.rw.knywrmvn can Qnetatlo» N: SIVlB4781934A PNYSIO•CONTROI Isortyr wow RwIwearms To, Chief Greg Taylor ease 0: 5 Denton Fire Dmaranot Qaote Dater I t1411999 PHONE:94566-8132 SaIM Represer`atim Jobs Conroy PAX'.940-349-7221 800 442.1142 a2251 NOB: Redmond.WA Shipping: 3045 Terms: Net 30Dayt This quote Is firm vows 1IM1999 Volt go" t"MI&stu l2II DkA Jti2laa!<l JAW conflamod... 30. 300dra9.00 LPerok M W QUI6 COMa0 "Pr DIty s 3701.00 57,97!.00 U exi$do# IZVAIIQ 10 dattEr011tadmol(tpdploplubt. TOTAL THIS QUOTE °f 8, tol.Sn Dlrulifrt r Dlkcauot t10,9lT.R0 /YIf 11; WAARAM ON ABOVE LA2 MTS 10M YOM PARTS AND LABOR. MOM-19111 CONtA NOON It*% FM Slog 01 TIIII OoCUMlNT A11 a)"BWY MAN OW OF?"IAISI"PAJ AENt s w e AVO APE Wo"OPAM MIACK &Ww iar,.wr AV pros er}w i w V>"*"9,1,14.1 AuAM:it}•11'0 JMI a1'r.LH W11 W s1r.M I.!l'q�a1tC0-0l•C�1�1 fA* MEr, e ' ORDINANCE NO. _ AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF LIFEPAK DEFIBRILLATORS, MONITORS AND PERIPhERAI.,AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS;AND PROVIDING AN EFFECTIVE DATE(PURCHASE ORDER 00972—MEDTRONIC PHYSIO-CONTROL,FOR LIFEPAK 12 DEFIBRILLATORS, MONITORS AND PERIPHERALS AND UPGRADES TO LIFEPAK 10 DEFIBRILLATORS M THE AMOUNT OF $98,201.50). WHEREAS,Section 252,022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents,copyrights,secret processes or natural monopolies; films,manuscripts or books; electricity,gas,water and other utility purchases;captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials;need not be submitted to competitive bids;and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph;NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following purchase of materials,equipment or supplies,as described in the"Purchase Orden"listed hereon,and on file in the office of the Purchasing Agent,are hereby approved: PURCHASE OILDE$ VENDOR �iOUta I 00972 Medtronic Physio-Control $98,201.50 SECTION 11. That the acceptance and approval of the above items shall not consti tute e contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION IU. That the City Manager is hereby authorized to execute any contracts relating to the items specified In Section I and the expenditure of funds pursuant to said contracts Is hereby authorized. SECTION Y. That this ordinance shall become effective immediately upon its passage and i r approval. ,. i V tV PASSED AND APPROVED this the day of 1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L.PROUTY,CITY ATTORNEY BY: PC D0972 SOLE SOURCE.ORDNANCE. I I i Agaadt+No. gg_o5� Akipit t llsm /O AGENDA INFORMATION SHEET We AGENDA DATE: November 16, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Sharon Mays at 349487 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT: An Or%finance awarding it contract for the purchase of Fiber Optic Cable as awarded by the State of Texas General Services Commission; providing for the expenditure of funds therefor, and providing an efI'ecCrv: date (Purchase Order 00974 to FMS Technologies, Inc. in the amount of S35,490). BACKGROUND: The City of Denton has become heavily involved in the installation of a fiber optic cable network intended to connect all major City facilities. RECOMMENDATION: We recommend Purchase Order 00974 to FMS Technologies, Inc, be approved in the amount of $35,490. ESTIMATED SCHEDULE OF PROJ .CT: � The 36 pair fiber optic cable is available for shipment in 12 weeks from receipt of a purchase order. FISCAL INFORMATION: The acquisition of this fiber optic cable will be funded from 1999.2000 budget funds account (610-106-1061•3970.9232-C057822R). PURCHASE ORDER INFORMATI Ns This purchase order is for the acquisition of 7,000 meters of 36 pair fiber optic cable. The cable will be utilized in the expansion of the City of Denton fiber optic network. The price is taken from the State of Texas General Services Commission Contract 1.75.210- 7290.400 awarded to FMS Technologies, Ino, a, , I i i i Agenda Information Sheet a November 16, 1999 Page 2 Respectfully submitted: Tom Shaw,C.P,M.,349.7100 Purchasing Agent Attachment 1; Purchase Order 00974 to FMS Technologies,Inc. Attachm:nt 2; Quotation from FMS Technologies,Inc, 1297.AGMMDA I I I r i i r 4 t � i I M I PURCHASE ORDER MD, 00974 THIS IS A This camber must apps,r on all MWIR NNiO ORDER invoices, deBcery 9191, Cass, IIF MARKED) cini, boxes, patting slips and bills. 00 NOT DUPLICATE b Rea. No: Bid No: Dote: 11 04 99 Page No. O1 PURCHASING DIVICKKTY90F DEN STTRRER DENTTON, TWS 76201-4354 9401349-7100 D1FW AXTRO 81171287-0042 FAX 9401349-7302 ENDOR FNS TECHNOLOGIES, INC. Visit the City of Demon's Website at www6tyofdentonoom AME1 14677 MIDWAY ROAD DELIVERY CENTRAL RECEIVING 937 DORESS SUITE /200 ADORES$ COMMUNICATIONS DALLAS TX 75244 901 B TBMA9 ST DENTON, TM 76201 LANEAN HUORIS VENDOR NO. FN948000 DELIVERY OUOTEO 11 20 99 FOB DESTINATION WAR Tip TERMS L I 'Now 001 7000.000 FT VENDOR CAT. 1 N / A MFG NAME 5.07 35,490.00 CITY 1 8100 CHROMATIC TECHNOLOGIES 36 FIBER ADSS CABLE► 6 FIBERS/ BUFFER TUBE 4' P Gl TOTAL It 35,490.00 OR ND TOTAL $ 351490.00 01 610 106 1061 3970 11252 C057922R C057822R $ c 35,190.00 r v i yFf100R MISTAUCTtONS 1 Terms - Net 10 1. Sti'l xllitttl "of wit) hpk* eery. 4. S�NNP� MltruclW4 I.DI. Oetlmomm M9�r1 sr.M„ .w«„ pkAw t. /ill to - Actwms PyMi S No 440st er Bute tale$ us tNll W =W d !14 t IkK� IC N Irku Iitled Fwchnhg Division t c. a ATTACHMENT 2 I fms ly November 49 1�" Tout Shaw,817.Ul-0042 Purebarive Dapartmeot City of Denton Re:Fiber Optic Cabie Qaotatioa Dear Toes, fare Techaelo;in Y pleered to provide the fellowing gaetatba fur Ch msUc Techookydee Aber optic able: Onaatkv PIN Daeriatiaa 7,000 noun SS75OL6-36-01OX 5.07/sour Self-supporting, 36 Ober,Si slemode Cable. C.able'felenaa; -0+55i D thwery: 942 weeks ARO 1091 Frs4ht Allowed 'hank you for the opportunity. if you need taythiaa further,please dd not beeitau I to can mt. Lwan Ru=hn CC: Cbnck Pierce 940-349.7302 i 14d22 Midway Roe4 Sithd 200- ballet, tuns 2J241 - OAaaa 5yblN-VU - rdr!21.1!44315 +_ ffils rothRoofe .h - - wwwfwIllcl CON j !I` l t I i M ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF FIBER OPTIC CABLE AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 00974 TO FMS TECHNOLOGIES, INC. IN THE AMOUNT OF $35,490). WHEREAS, pursuant to Resolution 92.019, the State Purchasing General Services Commission has solicited,received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf ou i:..City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the General Services Commission programs at less cost than the City would expend if bidding these items individually;and WHEREAS,the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials,equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items In the following numbered purchase order for materials, equipment,supplies, or services,shown in the "Purchase Orden" listed hereon,and on file in the office of the Purchasing Agent,are hereby approved: PURCHASE ORDER VENDOR AL�S:zS T!L 00974 FMS TECHNOLOGIES, INC. $35,490 SECTION 11, That by the acceptance and approval of the above numbered items set forth in the attached purchase orders,the City accepts the offer of the persons submitting the bids to the General Services Commissior for such items and agrees to purchase the materials, equipment, supplies or services in accords ice with the terms, conditions,specifications, standards,quantities i A and for the specified sums contained in the bid document and related document filed with the �'. General Services Commissio%,and the purchase orders issued by the City. J ` r t SECTION III. That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commissimt, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract Is in accordance with the terms,conditions,specifications and standards contained in the i roposal submitted to the General Services Commission,quantities and specified sums contained in the City's purchase orders,and related documents herein approved and accepted. SECTION IV. That by the ;xeptance and approval of the above numbered items set forth in the attached purchase orders,the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ' 1999. JACK MILLER,MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEOAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: r 00974-PO STATE.ORDSNANCE A I I I u �i1Mde iY - �- Apl*bw AGENDA INFORMATION SHEET I AGENDA DATE: November 16, 1999 DEPARTMENT: Engineering& Transportation DCM: Rick Svehh4 Deputy City Manager i SUBJECT: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FQk IMPROVEMENTS TO CARROLL BOULEVARD FROM COLLINS STREET TO SHERMAN DRIVE;AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND:The Federal Government provides some Urban Street Maintenance Funds to Local Governments through MPO's(NCTCOG).The City of Denton is the only entity inside its urbanized area. The Carroll Street Project was selected as one of two projects meeting the Urban Street Program Guidelines. This is Phase If of Carroll.Phase I v d H ato in one set of plans and are nearing approval by TXDOT for letting. OPTIONS: 1,Approval 2. Disapproval RECOMMENDATION:Approval r PRIOR ACTION/REVIEW(Council.Boards.Commissions) Phase I of Carroll was approved by Ordinance#97.136. FISCAL INFORMATION Total cost of Phase U of the project it$240,000. City share of that cost is$72,000. Total cost of all of Ls•estimatedat$390,000. Funds were budgeted in street maintenance account($30,OV)and in Fund 444.Stare contribution of$168,000 is a matimum, all overage covered by Ctry of Denton. Respectfully submitted: "nA-k- I ark,10i rector Engineering&Transportation rt A, C, I . 1• f G l+ I I ti. North Central Texas Councw Of Governments 3 January 27, 1999 Mr. Jerry Clark City of Denton Engineering& Transportation Department 221 N. ELm Denton, Texas 76201 Dear Mr. Clark: The Regional Transportation Cou icil(RTC) Issued a Call for Projects for the Urban Street Program in February 1998. The i!iQan Street Program was presented at public meetings in September and October 1998. No ,ogative comments were received through that public involvement process. The following V.ojects In the City of Denton were selected for funding through the Urban Street Program by the RTC at the November 12, 1996 meeting: CITY PROJECT FROM TO STATE FUNDS REQUESTED Denton Carroll Blvd. Collins Sherman $168,000 Denton Malone Street Scripture U.S. 380 1 162,000 We have sent notification of project selection to the Texas Department of Transportation and requested that they contact you to initiate these projects. If we can be of any further assistance in this matter, please contact LaDonna Smith at 8171695-9254 or me at 8171695.9265, �l Dan Rocha Principal Transportation Planner Ir cc: Brenda Callaway, P.E., Project Scheduling&Program Coordinator,TxDOT Dallas District Mark Young, P,E , Regional Planning Engineer, Tx DOT Regional Planning Office 199899 UPWP Project Element 3.01 i 2 e,6 Su No D&A 0wopowt Two P Q Box 6666,Mngre,,TOW 76005.5688 ,.,,• a,n.,,nn tot Of PAfl.96016 c, c. I URBAN STREET INFORMATION—CITY OF DENTON QRRUMMAPM9% Malone untils: US 380 io Saiom Laos& 3,920 Fa!-0.74 mdc ADT'e 1 1683 vpd io 10,034 vpd. The Mghed vd mta n clout to US 380 ft«r Fain Mod to hm bow ooatruded is the 1950's The het moor nwwal- mid 1980'e Aff dnknaep*a DmdPdm Portknof"BkreRose--Dawn PobL<cThmdeSy*m MOW oer&MA oatoecdo010 the WO aide of Dmloa H*the tfiataial Dieldd 8001 US 380, Saes scrim h IS'm+divided rmdwtry. PnOewtl h 4VM dmetdy 6"wphak on have k6pm e Aom: Scondery ARao1 Ps"of nmd%MA nwhl**m that amends US 380 In UnImsky of North Team cawW mrous Sava Newam Raltbr School,Datlm}Glh School Rmidee mm in many medial oMm/l hwoW/kW pVft awreb , od%b hMwboftbgm daddy amplort Buss to Deem}*ad Rryaot ' CaM Mcd*d: AgMT Oft npink P v =K nv1+b01u%a cmne*6 lime I eemset 6"to 8",dw Mbm with t;nphak PMWA Type A and Type D, CLb and other oonatse work r in rmrhlo plane,mueh of k wr reptaoed l0 cold 1980'0 Mry wed to add under dabs in some um c. f r\ d URBAN STREET INFORMATION—CITY OF DENTON •p"4 3 3 r I REFERENCE ITEM 2.3 j URBAN STREET PROGRAM Overview of RTC and TxDOT Requirements Program targets urbanized areas with 50,000 population and above Roadways must be classified as collector streets and above, and must also be Identified in the NCTCOG Regional Thoroughfare Plan as Regional Arterials or Other Arterials Roadway must feed the State Highway System Both on- and off-system projects are eligible AASHTO design standards must be met using current traffic counts Roadway widenings are not eligible--ancillary capacity improvements (e.g. intersection Improvements, center turn lanes, median closures) are eligible Preventative maintenance projects are not eligible TxDOT cost share requirements must be met, and points will not be awarded for additional local cost participation State funds are fixed for each programmed project, and cost overruns are the responsibility of the submitting agency Total cost of submitted projects from each entity must be less than or equal to twice the subregion allocation MPO selects projects, TxDOT concurs One page summary of local government objectives must be < Included with each project submittal 4 t: i i i 1 URBAN STREET PROGRAM Cost Sharing TXDO Local Storm Sewer 0% 100% Curb and Gutter 0% 100% Sidewalks 0% 100% Driveways 0% 100% Right-of-Way 0% 100% Utility Adjustments 0% 100% Environmental Mitigation 0% 100% (e.g. sound walls) Engineering 0% 100% Grading 80% 20% Base 80% 20% Pavement 80% 20% Cross Drainage 80% 20% Pavement Markings 80% 20% , Safety Features 80% 20% (e.g. guard fence) a u URBAN STREET PROGRAM PROJECT SUBMITTAL FORM uA.n4.r �LsdeM AtroP Miwt Ilrros Irss Tr IM ! M ftft""* Awitllr• 0�' YtAtlt/► t. C Icamll Blvd Cetllaa Ihst+n ldf 6 210 000 IN 000 Ysa 10/06 t !. a lone $:rest Set$ saes as f60 0.14 1 1231 111 161 000 ys sls! !u S. IWJFAJDr Drys Roane Iran rot 1 l 1 li 000 S 100 Tot ! a A (kW OWM MR Sm"I&o# e L '1fW tAWiWtAee,wo we MM•1sM _ 0 l is Is M WOM OWN ibY I PAPA.A6A 16"M L tsY east d Y rrnIt atBMM es pgel dAl ss mW 1 >.ww tows we fmw(tr Mt peprn 1"d s rnsr"m by bvhwim ll 1.MM You rat4eel h MW/etMIM111 MM \ L p"bom("I►eW Is Mm*MME >'s/I LA so, ppssuswAgdb /swrssA YIpYSI &bWW by • first ed1 is eurnstty lm6ss rltl 1150,000 CsJ 0916.16-011 ph"rev om `City us.rtu •• 1esGrlstlaelrop .r altsnats pre}aet AOs" Y- City of Desem Mom ro, ei. . Gill Lff w D.eee., *±t }6101 C' „�S 4 r U City of Engineering and Transportation Department ` 1 City Hall West,221 North Elm, Denton, Texas 76201 Phone 946-349.8338-Metro 434.2529 September 7, 1999 Claud P.Elsom, ill, P.E. 'texas Department of Transportation 2614 W. Prairie Denton,TX 76201 Re: Malone Street Project(CSJ;0918-47-939)—Public interest l.c(ter Dear Mr. E1som: The reconstruction of Malone from Scripture to US 380 is currently programmed for FY 2000 in the TIP. The City of Denton roquests authorization to design, let,and inspect this project since this is not on the stale highway system, This authorization is in the best interest of the public for the following reasons; s The use of City staff to complete this work will allow this project to be let in FY2000 as programmed,and funds will not be lost or delayed. • The benefits of this improvement will be realized sooner by the motoring public. ' • The City of Denton has available trained staff to successfully complete this work. It is understood that the City will formally execute an agreement with TXDOT for this effort, that TxDOT authoization and oversight will be required for all project phases,and that applicable TOOT standards and procedures will be followed. Please do not hesitate to call me at 349-8338 if you should have any questions regarding this matter. Sincerely, r I A ' Jerry Clark, P.E. Director of Engineering &Trensportation Committed to meeting the growln8 needs and espeatationt of our Citum 7 i f County: Denton CS): 0918.47.938 Carroll Blvd: From US 380 To: US 377 STATE OF TEXAS d COUNTY OF TRAVIS S URBAN STREET PROGRAM AGREEMENT THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the STATE, and the City of Denton, Texas, acting by and through the Denton City Council,hereinafter called the City, WITNESSETH WHEREAS, the Project Development Plan (PDP) is a ten year plan which authorizes project planning and development; and WHEREAS, on the 21 Day of)anuarv, 1996, the Texas Transportation Commission passed Minute Order 196713, attached hereto and identified as Exhibit A, approving the 1997 ' Urban Street Program, which addresses reconstruction and restoration needs on city streets (collector and higher)within urbanized areas with populations of 50,000 or more;and WHEREAS, the State and the City desire improvements on Carroll Blvd from Collins ,Feet (U.S. 3771 to US 380, as shown in Exhibit B, to be hereinafter identified as the Project; and WHEREAS, the Metropolitan Planning Organization (MPO) has selected this Project rr with the concurrence of the State;and paps t of III 10 t I,99 5+1 N W r,0mlr&wt T%W T Cumn M ikw doe 8 I WHEREAS, Exhibit J of Minute Order 106713 establishes the State share of funding for Urban Street Program projects will not exceed eighty percent (g0%) of the costs of its grading, base,pavement,cross drainage,pavement markings, guard fence and other safety features; and WHEREAS, Exhibit J of Minute Order 106713 establishes the City will provide 20% of the costs for the heretofore mentioned items; and will pay one hundred ♦ .-cent (100%) of any storm sewer, curb and gutter, sidewalks, driveways, right-of-way, utility adjustments and environmental mitigation(i.e., sound walls,etc.); and WHEREAS, the City has offered to participate in the development and construction of the Project by preparing or causing to have Frepared the preliminary engineering and design plans, acquiring the necessary right-of-way, providing relocation assistance, preparing right-of- way description and value determination, accomplishing the adjustment of utilities, condemning property, providing certifications, providing environmental mitigation and providing other necessary items as required by the State;and WHEREAS, on the_day of , 19_, the ii2cnton City Council passed Resolution ' No. , alwhcd hereto and identified as "Exhibit C", authorizing the City's participation In the development of the Project;and WIIEREAS, the State will provide funding, review the engineering and tight-of•way, related items,provide construction oversight and other items as required, AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and , agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set A, forth, it is agreed as follows: { Page 2 of Is 10 1 V99 s+i%rxwConlrad txtx)'r Parrott Malone doe 9 c, t 1. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and shall terminate upon completion of the Project or unless terminated or modified as hereinafter provided. 2. SCOPE OF PROJECT The State and the City agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Commission. 3. ACQUISITION OF RIGHT-OF-WAY AND RELOCATION ASSISTANCE In the event right-of-way needs arise, the City shall perform all necessary requirements to acquire the desired right-of-way required for the construction of the Project. The City will comply with all requirements of Title 11 and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601, ct seq„ including those provisions relating to Irtcldental expenses incurred by the property owners, and benefits applicable to the relocation of any displaced person as defined in 49 CFR. 24,2(8). Documentation to support such compliance must be maintained and must be made available to the State and its representatives for review and inspection. The City shall secure easements over any land in addition to normal right- of-way as may be indicated on the approved right-of-way map, The City will be responsible for any additional right-of-way required for the completion of the Project. 4. RIGHT'-OF-WAY DESCRIPTION ! a es e / In the event right-ofway needs arise, the City will prepare right-of-way maps, property Page 3 of I a 10 11,'99 i'1 xf7UP{•uni,acl T%r%1T Clrruli MA,mt Aa I! p t f I i b— descriptions and other data as needed to properly describe the right-of-way which the City is to acquire and pro%l a for the Project. The right-of-way maps and property descriptions shall be submitted to the State for approval prior to the City acquiring the necessary right-of-way. Tracings of the right-of-way maps shall be retained by the City for its permanent records. 5. UTILITY ADJUSTMENTS/RELOCATIONS If the required right-or-way encroaches upon existing utilities and the proposed highway construction requires the adjustment, removal or relocation of such utility facilities, the City will establish the necessary utility work in accordance with 43 TAC, See 21.31- 21.53, if applicable, and notify the affected utility companies of the required work. Unless otherwise provided by the owners of the utility facilities, the City shall be I responsible for the adjustment, removal or relocation of such utility facilities in accordance with applicable Slate law, regulations, policies and procedures. In tY a event additional utilities are required to be adjusted, removed or relocated during the { construction of the Project, the Cily will be responsible for accomplishing the additional utility work, unless Ibis work is provided by the owners of the utility facilities. 6. CERTIFICATION The City shall provide to the Stale forty-five (45)days prior to the construction contract JI let date, certification that all right-of-way has been acquired, all environmental problems 1 have been remedied, and all conflicting utilities have been adjusted to clear the proposed i construction. ? A, 7. ENVIRONMENTAL MITIGATION Pope S of 18 10 11'99 5''t x t1UTConlrvn Tx W T('mull Twl+hme Joe ' fl c: 1 c I I 1 n A. The City will be responsible for the assessment, mitigation and remcdiation of any environmental problems associated with the development and construction of the Project These may involve,but not be limilcd to studies re;ated to the following: i I. public involvement 2. Environmental Impact Studies 3, Environmental Assessments 4. applicable environmental documents discussing social, economic and environmental impacts of the proposed project S. noise analysis 6. air quality analysis 7. 4(0 lands such as public parks, recreational areas, wLAlifelwaterfow9 refuges 8. historical and archeological sites as regulated by the State Historical Preservation Office and Texas Antiquities Commission 9. wetlands, Jurisdictional Waters, and vegetation as regulated by Texas Parks and Wildlife (TPW) 10. prime and unique farmlands as regulated by Soil Conservation Service l 1• fireatened or endangered species as regulated by TPW and U,S. Fish and Wildlife 12. erosion control and applicable National Pollution Discharge Elimination System (NPDES) 13. applicable permits from U.S.Corps of Engiuecrs B. In addition, the City will be resEbnsible for the assessment, rcmediation and/or disposal of regulated materials encountered prior to and during construction, which may include but not be ii,rIted to the following. I. asbestos containing materials as regulated in 40 Code of Federal Regulations (CFR)763 1, polychlorinated biphcnols as regulated by 40 CFR 761 3. petroleum (i.e, gasoline and diesel) contaminated soils as regulated by 31 Texas i Administrative Code 334 Al 4. Hazardous Waste as defined in 40 CFR 261 I S. Class I and 11 waste as regulated by Texas National Resource Conservation Page s or is tOr11+99 x r x rx�rromrKt z x rru r Hoot Meone d�K ` c: f i Commission 6. infectious or blood borne pathogen waste 7. radioactive waste 8. all Comprehensive Environmental Response and Comprehensive Liability Acts as identified in 40 CFR 300.399 The City will not let the construction contract until all kno%m environmental problems have been remediated. 8. ENGINEERING RESPONSIBILITIES A. The City will prepare or cause to have prepared the Project's preliminary engineering necessary for the development of the plans, specifications and estimate (P.S.& E.). Development of the preliminary engineering shall include a schematic, an environmental assessment and assistance to the State in conducting public hearings, as required. B. The P.S.& E. shall be developed by the City in accordance with the latest ed lion and revisions of the American Association of State Highway and Transportation Officials' (AASHTO) Standards established in AASHTO's A Policy On Geometri c Dcsi ng of Highways and Sirecls, the State's Standard Specifications for Construction of llighways. Streets and Vridees, and The Texas Manual on Uniform Tra'lic Control ev'c (TMUTCD). Pavement restoration projects will be developed to existing or higher pavement standards,based on current traf!a. The City shall submit the completed P.S.& E. to the Stale for review and rjiprovai. The City will not let the construction i contract until the P.S.& E. has been approved by the State. ;A ( teN 9. CONSTRUCTION RESPONSIBILITIES Page 6 of Is 10,11'99 9.+7 xl.#JYX"un�nn ix'IX1Y C.mdt Aldunt dc ' 13 r- c. k I A. The City shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award a contract for construction of the Project in accordance with the City's existing procedures as approved by the State and applicable laws. Any field I changes, supplemental agreements or additional work orders which may become necessary subsequent to the award of the construction contract shall be the responsibility of the City and subject to the approval of the State. B. The City will supervise and inspect all work performed by the construction contractor and will provide such engineering, inspection and lesting services as may be required to ensure that the construction of the Project is accomplished in accordance with the approved P.S.& E.The State will provide oversite inspection at it's discretion . C. Upon completion of the Project, the City will issue to the State a "Notification of Completion",acknowledging that the Project has been completed. 10. MAINTENANCE RESPONSIBILITIES Upon completion of the Project, the City will maintain responsibility for maintenance of the completed roadway facility. t 11. FUNDING RESPONSIBILITIES A. The estimated construction costs associated with this Project, including construction engineering and testing services,is 5240.000 The estimated cost for Slate review is $2,400 , The City shall fund one hundred percent (100%) of the above costs . B. In the event right-of-way is required for this project, funding for right-of-way A, , E related items, including, but not limited to, the process of acquisition and securing of Page Tons 1911,99 I S A%DO N%wroo IXDGT Camll Marc"d(g 1 4 a I� I easements, acquisition, relocation, right-of-way description and value determination, utility adjustments, condemnation, certifications and environmental mitigation items listed in Article 1,here above,will be the sole responsibility of the City. C. The State will be responsible for securing the State share of funding required for the construction of the Project. The maximum amount payable by the State for this projrrt is the lesser of 80"/0 of reimbursable costs or S168,000. The City will be responsible. for any non-State participation costs associated with the Project. D. Upon execution of this agreement,the City will, within 30 days, submit a check or warrant made payable to the "Texas Department of Transportation" in the amount of $2,400. This amount is based on one hundred perecent (100%) of the estimated State review costs. These funds will be utilized by the State to review the engineering documentation and cover other incidental costs. E. Sixty (60) days prior to the date set by the City for receipt of the construction i bids,the State will notify the City to make available funding required for the construction of the Project The City shall remit a check or warrant payable to the "Texas Department , of Transportation" in the amount specified by the Stale equal to twenty percent(20%)of the total estimated construction cost. Payment must be made within thirty (30) days of 1 receipt of the State's written notification. the City shall fund all non-State participation costs of any and all change orders or cost overruns. Payment for these change orders or cost overruns must also be made within thirty (30) days of receipt of the State's written notification, �, r F. The State will perform an audit of all costs associated with the Project upon Page 8 of 18 10'11'99 s I Worrmuncl Wor ramo Ma+une dx i 5 o t• completion, In the event additional funding is required from the City at anytin,� during the development of the Project, the City will provide the funds within thirty (30) days from receipt of the State's written notification. In the event any funds are due the City, the State will promptly make arrangements to provide the funds to the City. 12. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City shall remain the property of the City and all.locuments prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the Stale without restric0on or limitation on their further use. 13. TE11CMINATION A. This agreement I.tay be terminated by any of the following conditions; (1) By mutual written agreement and consent of both parties, (2) By either party, upon the failure of the other party to fulfill the obligation rs set forth herein. r (3)By the State if it is determined that performance of the Project is not in the best interest of the State. If the rgrcement is terminated in accordance with the above pro^islons, theiSY will be responsible for the payment of Project costs incurred by the State on behalf of the ou up to the time or termination, (4) Upon completion of the terms of this agreement. A , B. The termination of this agreement shall extinguish all rights, duties, obligations Pare 9 of la 10•I I X49 5 rxlx)rcontmal otCumll Malone doe I6 c. i 0 and liabilities of the State and City under this agreement. If the potential termination of this agreement is due to the failure of the City to fulfill its contractual obligations as set forth herein, the State will notify the City that possible breach of contract has occurred. The City should make every effort to remedy the breach as outlined by the Stale within a period mutually agreed upon by both parties. 14. INDEMNIFICATION � i The City acknowledges that it is not an agent, servant, or employee of the State, and that it is responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees in conjuncl;on with the performance of work covered under this f agreement. 15. AMENDMENTS ` I . Any changes in the time fralne, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the City and the State. I 16. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or une;lforceable provision had never been contained herein. 17. NOTICFS I �, ,,A� .. Ail notices to either party by the other required under this agreement shall be delivered Page 10 of I$ i Or 11 x'99 II S 1 xD0 rCmtrut Txr10T Carvell Malone doe ` V t! personally or sent by certified U.S, mail, postage prepaid, addressed to such party at the following respective addresses: State: Texas Department of Transportation Cit;-: The City of Denton,Texas Attention: Claude P. Elsom III, P.E. Attention: Jerry Clark, P.E. Area Engineer Director of Eng &Transportation 2624 E. Prairie City Hall"lest Demon,TX 76101 221 N.Elm Denton, TX 76201 Texas Department of Transportation 4777 E-Hwy 80 Mesquite, TX 75150-6643 f All notices shall be deemed given on the daft so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the hove address by sending written notice of such change to the other in the manner provided herein. 18. SOLE AGREEMENT This agreement constitutes ti a sole and only agreement between the parties hereto and supersedes Rf.y prior understan 'ings or written or oral agreements respecting the within subject matter. 19. AUDIT The City shall comply with the requirements of OMB Circular A-I33, "Audit j Requirements for State and Local Governments," and shall promptly furnish the State a copy of each audit report. The City shall be responsible for any funds determined to be ineligible for federal reimbursement,and shall reimburse the State the amount of any A �. such funds prevlously provided to it by the Stale. 1•'' Page I t of 19 10 11'99 A'fSfxlPCanlnet txfx)l C�rtull Malone dnc i 20. DISPUTES The City shall be responsible for the settlement of all contractual and administrative issues arising out of procurement entered into in support of contract work. In the event of a dispute concerning the work performed hereunder the Executive Director of the State shall act as referee, and his decision shall be final and binding. Any dispute concerning the work performed hereunder,the cost of work performed hereunder,or any non-procurement issue shall be settled in accordance with Title 43, c Texas Administrative Code,Section 1.68,"Contract Claim Procedure." 21. SUBCONTRACTS Any subcontract for services rendered by individuals or organizatiow not a pail of the City's organization shall not be executed without prior authorization and approval of the subcontract by the State and,when federal funds are involved,the U.S. Department of Transportation, Subcontracts in excess of$25,000 shall contain all required provisions of this contract. No subcontract will relieve the City of its responsibility under this contract. 22. REMEDIES Violation or breach of contract terms by the City shall be grounds for termination of the conirct. Any increased cost arising from the termination shall be paid by the City. This agreement shall not be considered as specifying the exclusive remedy for any dispute,but all remedies existing at law and in equity may be availed of by either party r _ and shall be cumulative. A, „ 23. EQUAL.EMPLOYMENT OPPORTUNITY Page 12 of I I! 10 11,99 s rxrKnv-oner.ce 1 xrx�r nnou Makme e,x tj I E; The City agrees to comply with Executive Order 11246 entitled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations(4t CFR 60). 24. DEBARMENT/SUSPENSION The City is prohibited from malting any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549,Debarment and Suspension. The City shall require any party to a subcontract or purchase order awarded under this contract as specified in Title 49 of the Code of Federal Regulations, Part 19 (Debarment and Suspension)to certify its eligibility to receive federal funds and, when requested by the State,to furnish a copy of the certification. 1 j 25. CIVIL RIGHTS/NON DISCRIM[NATION During the performance of this contract,the City,for itself,its assignees and successors in interest (hereinafter referred to as the"City"), agrees as follows: I (1) Compliance with Regulations: The City shall comply with the regulations ' I relative to nondiscrimination in Federally assisted programs of the U.S.Department of Transportation, Title 49,Code of Federal Regulations,Part 21 and Title 23,Code of Federal Regulations,Part 710.405(b), as they may be amended from time to time � 1 (hereinafter referred to as the Regulations), which are herein incorporated by reference A rt and made a part of this contract. Page 13 of Is 10r11!99 i I S'.T X DO U'or loci l'X do r canon&tsimt d,x 2n l G 4 a L (2) Nondiscrimination: The City, with regard to the work performed by it during the contract,shall not discriminate on the grounds of race,color,sex, or national origin in the selection and retention of subcontractors,including procurements of materials and leases of equipment. The City shall not participate by Section 21.5 and Part 710.405(b)of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. j (3) Solicitations for Subcontracts,Including Procurements of Materials and I Equipment: In all solicitations either by competitive bidding or negotiation made by the City for work to be performed under a subcontract,including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the City of the City's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race color,sex,or national origin. (4) Information and Rcports: The City shall provide all information and reports required by the Regulations,or directives issued pursuant thereto, and shall permit access to its books,records, accounts,other sources of information, and its facilities as r may be d:termincd by the Texas Department of Transportation or the U.S. Department of Transportation to be pertinent to ascertain compliance with such Regulations or I directives, Where any information required of a City is in the exclusive possession of another who fails or refuses to furnish this information,the City shalt so certify to the Texas Department of Transportation or the U,S. Department of Transportation, as appropriate,and shall set forth what efforts it has made to obtain the information. A� a, I Page 14 of Is fI I 10,11/99 s.)'fxrk)TVi,nL"o TXD07 Camill Milme doe 21 t� (S) Sanctions for Noncompliance: In the event of the City's noncompliance with the nondiscrimination provisions of this contract,the Texas Department of Transportation shall impose such contract sanctions it or the U.S. Department of 'franspotlation may determine to be appropriate, including, but not limited to: (a) withholding of payments to the City under the contract until the City complies and/or (b) cancellation,termination, or suspension of the contract, in whole or in part (6) Incorporation of Provisions: The City shall include the provisions of paragraphs(t) through(6)in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Regulations or directives issued pursuant thereto. The City shall take such action with respect to any subcontract or procurement as the Texas Department of Transportation or the U.S. Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance, provided however that in the event a City becomes involved in,or is threatened with I litigation with a subcontractor or supplier as a result of such direction,the City may request the Texas Department of Transportation to enter into such litigation to protect the interests of the State; and,in addition,the City may request the United States to enter into such litigation to protect the interests of the United States. 26. MINORITY BUSINt'sS ENTERPRISE PROGRAM REQUIREMENTS It is the policy of the Department of Transportation that Minority Business Enterprises as d, , o defined in 49 CFR Part 23,Subpart A, shall have the maximum opportunity to participate Page is or is IO;11%99 Will S'T%Ix)!'fohlncl l'fi WTeartull M�faned —.`+ �. c I in the performance of contracts financed in whole or in part with Federal funds. Consequently, the Minority Business Enterprise requirement of 49 CFR Part 23, exclusive of Subpart D,apply to this contract as follows. The City agrees to insure that Minority Business Enterprises as defined in 49 CFR 23, Subpart A,have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard,the City shall take all necessary and reasonable steps in accordance with 49 CFR Part 23, s exclusive of Subpart D, to insure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts. The City and any Subcontractors shall not discriminate on the bags of race,color, national origin or sex in the award and performance of contracts funded in whole or part with Federal funds. These requirements shall be physically included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of contract and, after the notification of tLe Department,may result in termination of the contract by the State or other such remedy as the State deems appropriate. 27. COMPLIANCE WITH LAWS The City shall comply with all federal,state and local laws,statutes,ordinances,rules and regulations,and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the agreement. When required, the City shall furnish the State with satisfactory proof of compliance therewith, A, �. 28. INSPECTION OF BOOKS ANS RECORDS Page 16 of I8 I n.'1 L'99 5.`f xn01'd'anh�cl TxbOT Canutl btalanedx 23 c i The State will, for purpose of termination of the agreement prior to completion, examine the books and records of the City for the purpose of checking the amount of work performed by the City at the time of contract termination. The City shall maintain all books,documents,papers,accounting records and other documentation relating to costs incurred under this agreement, and shall make such materials available to the State, Federal Highway Administration(FHWA)or their duly authorized representatives for review and inspection at its office during the contract period and for three(4)years from the date of final acceptance of the work defined under this contract,or until pending litigation or audits are completely resolved. Additionally,the State,FHWA and their duly authorized representatives shall have access to all records of the City which are directly applicable to this agreement for the purpose of making audits,examinations, excerpts and transcriptions. 29. PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS The City shall adhere to the procurement standards established Title 49 CFR Part 18.36 and the property management standards established in Title 49 CFR Part 18.32. The City shall maintain procurement standards which meet or exceed the requirements,as appropriate,outlined in the Federal Office of Management and Budget Circular A-87, Cost Principles for State and "I Governments. 30. SIGNATORY WARRANTY The signatories to this agreement warrant that each has the authority to enter into this A, , agreement on behalf of the party they represent. Pege t 7 of 18 10 1 699 S Txtxlrk miwl Txtx)T Conoll Milan due 24 1 r t, E IN TESTIMONY HEREOF,the parties hereto have caused these presents to be executed In j duplicate counterparts. THE CITY OF DENTON,TEXAS Date By: Mike Jez,City Manager I Date Approved as to form: Iicrb Prouty City Attorney J THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission for the purpose and effect of activating and carrying out the orders, established policies or mark programs heretofore approved by the Texas Transportation Commission. $y: Larry Zatopck I Director, Gcneral Services Division f A Page 18 of 18 i 10;11,99 5*IXDOtEmirmt TXDOT Canorl Matane doe 25 o � u PROM OEM ORDINANCE NO, AN ORDINANCE AUTHORIZING THE C17Y MANAGER TO WMCUTE AN 1 AGREEMENT %TTH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR i IMPROVEMENT'S TO CARROLL ROULEVARD FROM COLLINS STREET TO SHERMAN DRIVE;AUTHORIZING THE EXPENDTfURB OF FUNDS THEREFORE;AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON,TEXAS HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute an Agresmcnt with the Texas Dep rtyoent of Transportation for improvements to Carroll Oftlevtmd from Collins Street to Sherman Drive,which is attached hereto and incorporated by reference herein. SECTION 2. That the expenditure of funds as provided in the attached Agreement is hereby authorized. t SECTION 3. That this ordinance shall become efrectivs immediately upon its passage GM lk"mval. PASSED AND APPROVED this the day of i JACK MILLER. MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FOPM: HERBERT L. PROUTY,CITY ATTORNEY BYt / r Apt+�Ott lYo -�'5/ Apt*No AGENDA INFORMATION SHEET AGENDA DATE: November 16,1999 DEPARTMENT: Engineering &Transportation DCM: Rick Svehla, Deputy City Manager SUBJECT: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO MALONE STREET FROM SCRIPTURE STREET TO U.S. 380; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: The Federal Government provides some Urban Street Maintenance Funds to Local Governments through MPO's(NCTCOG), The City of Denton is the only entity inside its urbanized area.The Malone Street Project was selected as one of two projects meeting the Urban Street Program Guidelines. OPTIONS: 1.Approval 2. Disapproval RECOMMENDATION: Approval PRIOR ACTIONIREVIEW(Councii Boords_Commissions)NA FISCAL INFORMATION Total Project Cost is estimated to be 3 231,428. Ciryparticipation is 10''%on moss items with a State cap of$162.0oo. I Respectfully submitted: Cea"k, ' Clark, Director Engineering& Transportation C 1 + i� c t North Centro Texas corm OI Government January 27, 1999 fr. Jerry Clark City of Denton Engineering & Transportation Depertment 221 N. Elm Denton, Texas 76201 Dear Mr. Clark The Regional Transportation Council(RTC)issued a Call for Projects for the Urban Street Program in February 1998. The Urban Street Program%me presented at public meetings in September and October 1998. No negative comments were recefved through that pubrc involvement process, The following projects in the City of Denton were select ed for funding through the Urban Street Program by the RTC at the November 12, 1998 meeting: fl CITY PROJECT FROM KF UNDSTED Denton Carroll Blvd. Collins Sherman 8,000 Denton Malone Street S re U.5. 350 162,000 We have sent notification of project selection to the Texas Department of Transportation and requested that they contact you to initiate these projects. If we can be d any further assistance in this matter, please contact laDonna Smith at 8171695.9254 or me at w 7MQ5-9265. J1 Dan Roche pnncipsl Transportation Planner Ir cc: Brenda Callaway, P.E,, Project Scheduling d Program Coordinator,TxDOT Dallas District Mark Young, P.E., Regional Planning Engineer,TxDOT Regional Planr*V Office 1998.99 UPWP Project Element 3,01 2 018 enr FkW OrAa CwhrP t+l TWO E P a two ssea.AlftgkM r.,r 70005-5eae 5'Mn i1Y *1740 14MA•www,rer G r Enqinecrinq Dept URBAN STREET INFORMATION-CITY OF DENTON (PABSkN7TDAMUL9f) Carroll Boulevard Limbo Collins Scat m the Saudi sad Sbamm Drive on the Noah Laiph: 10,410 fat-l 97 miles AD7"s: 22103 vyd to 29%3 vpd 710 Higho Vohwm we in 6c Dmilma Anal ear Osk HwWy,and PearVNkb& ey-See Atta W Tm&Coca Map, History: Cwdhcam ww in eady b mid 1970'8 by T)=far dK City of Deoba duoolh a Fed"Sm Ptop m Desaiptim Canon Is do Rim"eordt MA art W bt dw Ciy of Dabs Carton==M W 3 S uddS pan of LIS 377 b US W. Pavmtem 5eaoaa Is I"CooaeW 6"Lime subpsde Strad Smom is a 6 Lane Mediae Divided AnaW wiih L:R Ttao lance M sn&W Lumeodem Amm: Praidw Aooas b Dam Shr p*sCaua,Dowv&,n(Lt AM do &Aueel,and Oovmuttat Am bdoft mew Daum Cw*Of m City o(Dmtm Omoeq dte Pod OAia,m SlwAft and Bus amm of An'I)pet The Cory of Dentin hm horded mm to Canon uiq oA oA r rttntapeotat and zmi+K natricriow b ptesm die capK iy. Defmu: The 0"Cm aete Pwanau bw asdm aadm!mW ammo hiae mesh wd Jaw asd ft Tbb pajed world remote std nplaa thew 0ihne mu to TXWT WeWk dm Phwe 1(CSf 091$46-031)ww Wra*(laded ss $150,000 wilt a r WW oontrad 10 Odoba 1997. TXDOT hw dented law mWmm ngI anew tat 8tt- a , 'gnw*W Apiftw*. Projea mope is mpo d to wAm 2 yeah Am&4 fat s tod of$240,000. Cotes Medtod, P my sod PApbm failed sedima of psvemm(3)-Dowd mw pnemem kw s*aoat Mirthttttm 6'width b tease a*My w pa TX=spec. A, r t) � I •Pops t 3 J1 r r REFERENCE ITEM 2.3 URBAN STREET PROGRAM Overview of RTC and TxDOT Requirements Program targets urbanized areas with 50,000 population and above Roadways must be classified as collector streets and above, and must also be Identified In the NCTCOG Regional Thoroughfare Plan as Regional Arterials or Other Arterials Roadway must feed the State Highway System Both on- and off-system projects are eligible AASHTO design standards must be met using current traffic counts Roadway widenings are not eligible--ancillary capacity Improvements (e.g. Intersection Improvements, center turn lanes, median closures) are eligible Preventative maintenance projects are not eligible TxDOT cost share requirements must be met, and points will not be awarded for additional local cost participation State funds are fixed for each programme ! project, and cost ! overruns are the responsibility of the submitting agency Total cost of submitted projects from each entity must be less than or equal to twice the subregion allocation MPO selects projects, rxDOT concurs One page summary of local government objectives must be Included with each project submittal 4 � c URBAN STREET PROGRAM Cost Sharing TxDOT Local Storm Sewer 0% 100% Curb and Gutter 0% 100% Sidewalks 0% 100% Driveways 0% 100°0 Right-of-Way 0% 100% Utility Adjustments 0% 100% Environmental Mitigation 0% 100% (e.g. sound walls) Engineering 0% 100% ' Grading" 80% 20% Base 80% 20% Pavement 80% 20% Cross Drainage 80% 2We Pavement Markings 80% 20% Safety Features 80% 20% " (e.g. guard fence) b i 4 c URBAN STREET PROGRAM PROJECT SUBMITTAL FORM LYMb ON 1111611 br� —0041w Am'' wut Now prom„ to ptrdYM ptesle Ys�lr �t Ne cry. R.pseBer' dkrear6le are' 6aslsrds/► 1. t erroll Blvd Collies Shersuo 1.97 6 240 000 168 000 3es 10/96 T42 s 7. C Iona street Scripture Os 300 0.74 4 231 420 1142 000 Yes 7/99 yes 3. C 1windsor Drive seosle area to u t fm 42 1.64 4 72 000 330 400 Yu 2 at 2 1 yes es I.Optlene: ! A (lf W MwiN Me,lssYm SuMylM R 0M U bwdtl Ans,Waft suBosSbn esampmeal PNIW Items men C, DWdW tt AIM ken 0 LwrIMN IMMk ed Am 10 WYM e11Mts A01 S.t M� 2.Total cot sf M ekwnno r een1 1 on pops 2 sf Aitsolrnut 3 S.StAl funds we 6rsd ter*pngnm(ON evem"pw by CWWA*) 4.""yeu reuhwW sw bsl powrene#aesl shshq ngensb4lseN S. M Wwtw"M eomd M MWAV W"By yomrl sAwwpspsm --,sfkWp vm, - tools, brq., First call is currently funded with 6130,000 CSJ DIN-46-081 Pl70fN NIA 116sfun.�aestu A ss FreferredUckup or sdtslnete project Aprry City L %Aeon r� Mwwv Addresi 213 11. LL . tli� IL.1f Ir..e bee[oe. SY 76201 N iI fi I , C I t 4, City of Engineering and Transportation Department i City Hall West, 221 North Elm, Denton,Texan 76201 -Phone 940.349-8358- Metro 434-2529 September 7, 1999 Claud P. Elsom,Ill,P.E. Texas Department of Transportation 2624 W. Prairie Denton, TX 76201 Re: Carroll BIvd Project(CSI:0918.47.938)-Public Interest Letter Dear Mr. Elsom: The reconstruction of Carroll Blvd from US 380 to US 377 is currently programmed for FY 2000 in the TIP, The City of Denton requests authorization to design, let, and inspect this project since this is not on the state highway system. This authorization is in the best interest of the public for the following reasons: a The use of City staff to complete this work will allow this project to be let in FY2000 as programmed, and funds will not be lost or delayed. a The benefits of this improvement will be realized sooner by the motoring public, ' a The City of Denton has available trained staff to successfully complete this work. It is understood that the City will formally execute an agreement with TXDOT for this effort, that TXDOT authorization and oversight will be required for all project phases,and that applicable TxDOT standards and procedures will be followed. Please do not hesitate to call me at 880.3725 if you should have any questions regarding this matter. i Sincerely, Jerry CIark, P.E. fr e Director of Engineering& Transportation 7 Committed to meeting the growlog needs and etpeclation of our Oluas i Dentin County: Denton CSI: 091847-939 Malone Street: From Scripture To: US 380 STATE OF TEXAS S COUNTY OF TRAVIS E URBAN STREET PROGRAM AGREEMENT THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation,hereinafter called the STATE, and the Cily of Denton, Texas,acting by and through the Denton City Council,hereinafter railed the City. WITNESSETII WHEREAS, the Project Development Plan (PDP) is a ten year plan which authorizes project planning and devclopmenh and WHEREAS, on the 25 Day of January, 1996, the Texas Transportation Commission passed Minute Order 106713, attached hereto and identified as Exhibit A, approving the 1997 Urban Street Program, which addresses reconstruction and resteration needs on city streets (collector and hither)within urbanized areas with populations of$0,000 or more;and \VHEREAS, the State and the City desire improvements on Malone Stregt_froM Scripture to US 380,as shown in Exhibit B,to be hereinafter identified as the Project; and WHEREAS, the Metropolitan Planning Organization (MPO) has selected this Project with the concurrence of the State; and WHERE,% i, Exhibit!of Minute Order 106713 establishes the State share of funding for %� r P.geIof1s 10 111,99 i S.'itx[X)rCcntrKt 1x001 Msl nt Nim&rip duc 8 r t: a Urban Street Program projects will not exceed eighty percent (800/0) of the costs of its grading, base,pavement, cross drainage,pavement markings,guard fence a,rd other safety features; and WHEREAS, Exhibit !of Minute Order 106713 establishes the City will provide 200/0 of the costs for the heretofore mentioned items; and will pay one hundred percent (1000N) of any storm sewer, curb and gutter, sidewalks, driveways, right-of-way, utility adjustments and i environmental mitigation(i.e., sound walls,etc.); and WHEREAS, the City has offered to participate in the development and construction of the Project by preparing or causing to have prepared the preliminary engineering and design plans, acquiring the necessary right-of-way, providing relocation assistance, preparing right-of- way description and value determination, accomplishing the adjustment of utilities, condemning property, providing certifications, providing environmental mitigation and providing other necessary items as required by the State; and WHEREAS, on the _ day of___, 19_, the Denton City Council passed Resolution No._ , attached hereto and identified as "Exhibit C", authorizing the City's participation in the development of the Project; and r WHEREAS, the State will provide funding, review the engineering and right-of-way related items,provide construction oversight and other items as required. AGREEb1ENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements ofthe parties hereto,to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: A, Page 2 of Is 10 1 1,99 I i ixlx7TContmd Txn)tmmi ne rn.m krip.Jm 0 �I f 1. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and shall terminate upon completion of the Project or unless terminated or modified as hereinaller provided. 2. SCOPE OF PROJECT The State and the City agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Commission. 1 3. ACQUISITION OF RIGHT-OF-WAY AND RELOCATION ASSISTANCE j In the event righl-of-way needs anse, the City shall perform all necessary requireme,ts to acquire the desired right-of-way required for the construction of the Project. The City will comply with all requirements of Title ❑ and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,Title 42 U.S.C.A. Section 4601, et seq., including those provisions relaling to incidental expenses incurred by the property owners, and benefits applicable to the relocation of any displaced person as a defined in 49 CFR, 24.2(g), Documentation to suppon such compliance must be maintained and must be made a ailable to the State and its representatives for review and inspection. The City shall se-ure easements over any land in addition to normal right-o6 way as may be indicated on the approved right-of-way map. The City will be rest' insible for any additional right-of-way required for the completion of the Project. 4. RIGFIT-OF-WAY DESCRIPTION A In the event right-of-way needs arise, the City will prepare right-of--way maps, property Po ge 3 of Is 1(1 I I'99 S 1MXJT('orvact 1%000 M11LM[I'mm Scrip dm 10 t i descriptions and other data as needed to properly describe the right-of--way which the I City is to acquire and provide for the Project. The right-of-way maps and property descriptions shall be submitted to the State for approval prior to the City acquiring the necessary right-of-way. Tracings of the right-of-way maps shall be retained by the City for its permanent records. 5. UTILITY ADJUSTMENTSIRELOCATIONS If the required right-of-way encroaches upon existing utilities and the proposed highway construction requires the adjustment, removal or relocation of such utility facilities, the City will establish the necessary utility work in accordance with 43 TAC, Sec 21.31- 21.53, if applicable, and notify the affected utility companies of the required work. Unless otherwise provided by the owners of the utility facilities, the City shall be responsible for the adjustment, removal or relocation of such utility facilities in accordance with applicable State law, regulations, policies and procedures. In the event additional utilities are required to be adjusted, removed or relocated during the construction of the Project, the City will be responsible for accomplishing the additional , utility w-rk, unless this work is provided by the owners of the utility facilities. 6. CERTIFICATION The City shall provide to the State forty-five (45) days prior to the construction contract let date, certification that all right-of-way has been acquired, all environmental problem have been remedied, and all conflicting utilities have been adjusted to clear the proposed i construction, � 4 7. ENVIRONMENTAL MITIGATION Pope 4 of a5 I a 1+99 5 1 lDDTCo1rK1 T%DOT Mml n From Scrip doe Ii 1 t r A. The City will be responsible for the assessment, mitigation and remediation of any environmental problems associated with the development and construction of the Project. These may involve,but not be limited to studies related to the following: 1. public involvement 2. EnOronmental Impact Studies 3. Environmental Assessments 4. applicable environmental documents discussing social, economic and environmental impacts of the proposed project 5. noise analysis 6, airquality analysis 7. 4(f)lands such as public As,recreational areas, %ildlifelwaterfowl refuges S. historical and archeological sites as regulated by the Stale Historical Preservation Office and Texas Antiquities Commission 9. wetlands, Jurisdictional Waters, and vegetation as regulated by Texas Parks and Wildlife(TPW) 10. prime and unique farmlands as regulated by Soil Conservation Senice 11 threatened or endangered species as regulated by TPW and U.S. Fish and Wildlife 12. erosion control and applicable National Pollution Discharge Elimination System (NPDES) 13. applicable permils from U.S. Corps of Engineers B. In addition, the City will be responsible for the assessment, remediation an&or disposal of regulated materials encountered prior to and during construction, which may include but not be limited to the following: I. asbestos containing mecrials as regulated in 40 Code of Federal Regulations (CFR) 763 2. polychlorinated biphenols as regulated by 40 CFR 761 3. petroleum (i.e. gasoline and diesel) contaminated soils as regulated by 31 Texas Administrative Code 334 i 4. Hazardous Waste as defined in 40 CFR 261 r A, , S. Class I and 11 waste as regulated by Texas National Resource Conservation Commission Page S of 18 Ib i i?19 S I.RDU rl'nnVact t XMI Malum r rum Scrip diK 1 7 . J t r s, 6. infections or blood borne pathogen waste 7. redioactiNewaste 6. all Corprehensive Environmental Response and Comprehensive Liability Acts as identified in 40 C F R 3 00-3 99 The City will not let the construction contract until all known environmental problems have been relnediated. S. ENGINEERING RESPONSIBILITIES A, The City will prepare or cause to have prepared the Project's preliminary engineering necessary for the development of the plans, specifications and estimate (P.S.& E). Development of the preliminary engineering shall include a schematic, an environmental assessment and assistance to the State in conducting public hearings, as required. B. The P,S.& E. shall be developed by the City in accordance with the latest edition and revisions of the American Association of State Highway and Transportation Officials' (AASHTO) Standards established in AASHTO's A Policy On Geometric Design .,r tiighways and Streets, the State's ta.„dard Stxcifications Cor Construction ci , &h v� s and B _ ays St Igeq, and ]'he Tcxas Manual.on..Uniform Traffic Contr ol Device (TMUTCD). Pavement restoration projects will be developed to existing or higher pavement standards,based on current traffic. The City shall submit the completed P.S.& E. to the State for review and approval. The City will not let the construction contract until the P.S.& E.has been approved by the State. 9. CONSTRUCTION RESPONSIBILITIES r A. The City shall advertise for construction bids, issue bid proposals, receive and Page 6 of 18 10'111199 s rxrxrrc ,� a rxrxnsl,i. r�R s«+ndK 1 3 _ ` 1 u tabulate the bids and award a contract for construction of the Project in accordance with the City's existing procedures as approved by the State and applicable laws. Any field changes, supplemental agreements or additional work orders which may become necessary subsequent to the award of the construction contract shall be the responsibility of the City and subject to the approval of the State. B. The City will supervise and inspect all work performed by the construction contractor and will provide such engineering, inspection and testing services as may be i required to ensure that the construction of the Project is accomplished in accordance with the approved P.S.& E. The State will provide oversite inspection at it's discretion . C. Upon completion of the Project, the City will issue to the State a"Notification of Completion",acknowledging that the Project has been completed. to, MAINTENANCE RESPONSIBILITIES Upoll completion of the Project, the City will maintain responsibility for maintenance of the completed roadway facility. ' 11. FUNDING RESPONSIBILITIES A. The estimated construction costs associated with this Project, including construction engineering and testing services, is 5231,000. The estimated cost for State review is 1 3 . The City shall fund one hundred percent{10(rl0)of she above costs . B. In the m%nt right-of-way is required for this project, funding for right-of-way rel.1,ed items, including, but not limited to, the process of acquisition and securing of J i casements, acquisition, relocation, right-of-way description and value determination, c utility adjustments, condemnation, certifications and environmentel mitigation items Page 7 of 18 S'I%TX)r,Cmtr'a 1'xwT%Jaime Fn+m Scrip doe I `I ` I t, listed in Article 7,here above,will be the sole responsibility of the City. C. The State will be responsible for securing the State share of funding required for the construction of the Project, The maximum amount iayable by the State for this project Is the lesser of g010 of reimbursable costs or $162,000. The City will be responsible for any non-State participation costa nssociatcd with the Project. D. Upon execution of this agreement, the City will, within 30 days,submit a check or warrant made payable to the "Texas Department of Transportation" in the amount of V,310. This amount is based on one hundred percent (100%) of the estimated State review casts. These funds will be utilized by the Stale to review the enginecling documentation and cover other incidental costs. E. Sixty (60) days prior to the date set by the City for receipt of the construction bids, the State will notify the City to make available funding required for the construction of the Project. The City shall remit a check cr warrant payable to the"Texas Department of Transport ali,)n" in the amount specified by the State equal to twenty percent (20%) of the total estimated construction cost. Payment must be made within thirty (30) days of r receipt of the State's written notification, The City shall fund all non-State rarticipation costs of any and all ch;.nge orders or cost ovenuns, Payment for these change orders or cost overruns must alto be made within thirty (30) days of receipt of the State's written notification, F The State will perform an audit of all costs associated with the Project upon completion. In the event additional funding is required from the City at anytime during A, r the development of the Project, the City will provide the funds within thirty (30) days ! Page s or Is 10, 111,99 s'rxix)rA m"uci i xUOr Mal mr rmm 5adp doe I from receipt of the State's written notification. in the event any funds are due the City, I the State will promptly make arrangements to provide the funds to the City, 12. OWNERSHIP OF DOCUMENTS j Upon completion or termination of this agreement, all documents prepared by the City shall remain the property ofthe City and all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State.without restriction or limitation on their further use. 13, TERMINATION A. This agreement may be terminated by any of the following conditions: i (1) By mutual written agreement and consent of both parties. (2) By either party, upon the failure of the other party to fulfill the obligation as set forth herein (3) By the State if it is determined that performance of the Project is not in The best interest of the State. If the agreement is terminated in accordance with the above provisions, the r wilt be responsible for the payment of Project costs incurred by the State on behalf of the C& up to the time of termination. (4) Upon completion of the terms of this agreement. B. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and City under this agreement. If the potential termination of this agreement is due to the failure of the City to fulfill its contractual obligations as set j A, C. fork herein, the State will notify the City that possible breach of contract has occurred. Page 9 of Is 10 11'99 S f XDo rcontnrl rxtX)T Malone From Scrip doe 16 J _ r • � l a c i a e The City should make every effen to remedy the breach as outlined by the State within a i period mutually agreed upon by both parties. 14. INDEMNIFICATION ! The City acknowledges that it is not an agent, servant, or employee of the Slate, and that it is responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees in conjunction with the performance of work covered under this agreement. 15. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be caacted by written amendment executed by both the City and the Slate. 16. LECAI.CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unen(orceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 17. NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified U.S. mail, postage pr^paid, addressed to such patty at the following respective addresses: 110 A G II State: Texas Department ofTransportalion City: The City of Denton,Texas Page 10 of 14 10,11"99 S r xtx)r('ontrect T xDOT Mdone prom Scrip Ooc r G t Attention: Claude P. Elsom lit, P.E. Attention: Jerry Clam_. P. '. Area Engineer Director of Eng& Transportation 2624 E.Prairie City Hall Weal Denton,TX 76205 221 N, Elm Dcnt rX 76201 Texas Department of Transportation 4177 E-Hwy 80 Mesquite, TX 7$150-6643 All notices shall be deemed given on the date so delivered or so deposited in the mail, I unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. 18. SOLE AGREEMENT This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. 19. AUDIT The City shall comply with the requirements of OMB Circular A.133, "Audit Requirements for State and Local Govcinments,"and shall promptly furnish the State a copy of each audit report. The City shall be responsible for any funds determined to be ineligible for federal reimbursement,and shall reimburse the State the amount of any such funds previously provided to it by the State. 20. DISPUTES The City shall be responsible for the settlement of all contractual and administrative issues arising out of procurement entered into in support of contract work. Page t l of is 10 11,99 s t xnu rc mimi Fxtr)r maimc rmm scrip dos I t3 1 � 4 L) I I i I In the event of a dispute concerning the work perrolmed hereunder the Executive Director f of the Slate shall act as referee, and his decision shall be final and binding. i Any dispute concerning the work perfonned hereunder, the cost of work performed k hereunder,or any non-procurement issue shall be settled in accordance with Title 43, Texas Administrative Code,Section 1.68,"Contract Claim Procedure." i 21. SUBCONTRACTS Any subcontract for services rendered by individuals or organizations not a part of the City's organization shall not be executed without prior authorization and approval of the subcontract by the State and,when federal funds are involved,the U.S. Department of Transportation. Subcontracts in excess of 525,000 shall contain all required provisions of this contract. No subcontract will relieve the City orits responsibility under this contract. 21. REMEDIES I Violatiin or breach orcontract tenns by the City shall be grounds for termination of the contract, Any increased cost arising from the termination shall be paid by the City. This agreement shall not be considered as speci lying the exclusive remedy for any dispute,but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. 23. EQUAL EMPLOYMENT OPPORTUNITY A page 11 or I s 10 11•'99 5A NTX)PC,m ind'I N DOT M.i,me rmm krip ds i � i The City agrees to comply with Executive Order 11246 entitled"Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations(41 CFR 60). 24. DEBARM ENT/SUS PENSION The City is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or Ineligible for participation in federal assistance programs under Executive Order 12549,Debarment and Suspension. The City shall require any party to a subcontract or purchase order awarded under this contract as specified in Title 49 of the Code of Federal Regulations, Part 29(Debarment and Suspension)to certify its eligibility to receive federal funds and, when requested by the State, to fumish a copy of the certification. 2.9. CIVIL RIG IITSINONDI SCRINI I NATION During the performance of this contract,the City, for itself,its assignees and successors in interest(hereinafter referred to as the "City"),agrees as follows; (1) Compliance with Regulations: The City shall comply with the regulations relative to nondiscrimination in Federally assisted programs of the U.S. Department of Transportation, Title 49,Code of Federal Regulations, Part 21 and Title 13,Code of Federal Regulations, Part 710.405(b),as they may be amended from time to time (hereinafter referred to as the Regulations),which are herein Incorporated by reference and made a part of Isis contract. A Page 13 of Is 10,1199 s rxix)rcontrK'I TXnOr Valor [mm Scrip 4hR 20 { i A ca I , A I I! � 1 (2) Nondiscrimination, The City,with regard to the work performed by it during the contract,shall not discriminate on the grounds of race, color, sex,or national origin in the selection and retention of subcontractors, including g procurements of malerials and leases of equipment, The City shall not participate by Section 21.5 and Part 710.405(b)of the Regulations, Including employment practices when the contract covers { a program act forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts,Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the City for work to be performed under a subcontract,including procurements of materials or leases of equipment,each potential subcontractor or supplier shall be notified by the City of the City's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race color, sex,or national origin. (4) Information and Reports; The City shall provide all information and reports required by the Regulations, or directives Issued pursuant thereto, and shall permit access to its books, records,accounts,other sources of information,and its facilities as may be determined by the Texas Department of Transportation or the U.S. Department of Transportation to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a City is in the exclusive possession of another who fails or refuses to furnish this information,the City shall so certify to the Texas Department of Transportation or the U.S. Department of Transportation, as appropriate, and shall act forth what efforts it has made to obtain the information. A[ , Poge 14 of 16 10-11;99 S tXD()Td'on[foci TxrX)f Mdone him acdpdoc 2 1 G c� r E (S) Sanctions for Noncompliance: In the event of the City's noncompliance with the nondiscrimination provisions ofthis contract, the Texas Department of Transportation shall impose such contract sanctions it or the U.S. Department of Transportation may determine to be appropriate, including, but not Iimited to: (a) withholding of payments to the City under the contract until the City complies and/or (b) cancellation, termination, or suspension of the contract, in whole or in part (6) Incorporation of Provisions: The City shall include the provisions of paragraphs(1)through (6)in every subcontract,including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The City shall take sty action with respect to any subcontract or procurement as the Texas Department of Transportation or the U.S. Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance, provided however that in the event a City becomes involved in, or is threatened with litigation with a subcontractor or supplict as a result of such direction,the City may request the Texas Department of Transportation to enter into such litigation to protect the interests of the State; and, in addition, the City may request the United States to enter into such litigation to protect the interests of the United Stales, 26. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS r It is the policy of the Department of Transportation that Minority Business Enterprises as r A defined in 49 CFR Part 23, Subpart A,shall have the miximum opportunity to participate Page IS of 18 to 11,99 S .1%IIOrI'imtrra l'%[x)r F6lene From Scrip doe ZZ /\J 1 G 4 in the performance of contracts financed in whole or in part with Federal funds. Consequently,the Minority Business Enterprise requirement of 49 CFR Part 23, exclusive of Subpart D,apply to this contract as follows. The City agrees to insure that Minority Business Enterprises as defined in 49 CFR 23, Subpart A, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard,the City shall take all necessary and reasonable steps in accordance with 49 CFR Part 23, exclusive of Subpart D,to insure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts. The City and any Subcontractors shall not discriminate on the basis of race,color, national origin or sex in the award and performance of contracts funded in whole or part with Federal funds. These requircmcuts shall be physically included in any subcontract, Failure to cany out the requirements set forth above shall constitute a breach of contract and,after the notification of the Department,may result in termination of the contract by the State or other such remedy as the State deems appropriate. 27. COMPLIANCE WITH LAB'S The City shall comply with all federal,state and local laws,statutes,ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performanct of the agreement. When required, the City shall r furnish the State with salisfactory proof of compliance therewith. r "A 28. INSPECTION OF BOOKS ANS RECORDS Page 16of is 10 11,'99 t i xtX)r'd'untrW I'XWT M&1� rmm knp dtv 23 u u t The State will,for purpose of termination of the agreement prior to completion,examine the books and records of the City for the purpose of checking the amount of work performed by V%- City at the time of contract termination. The City shall maintain all books,documents,papers,accounting records and other documentation relating to costs incurred under this agreement,and shalt make such materials available to the State, Federal Highway Administration(FHWA)or their duly authorized representatives for review and inspection at its office luting the contract period and for three(4)years from the data of final acceptance of the work defined under this contract,or until pending litigation or audits are completely resolved. Additionally, the State, FHWA and their duly authorized representatives shall have access to all records of the City which are directly applicable to this agreement for the purpose of making audits,examinations, excerpts andtransaiptions. 29. PROCUREMENT AND PROPERTY AUNAGEAfENT STANDARDS 4 The City shall adhere to the procurement standards established Title 49 CFR Part 18.36 and the property management standards established in Title 49 CFR Part 18.32. The City shall maintain procurement standards which meet or exceed the requirements, as appropriate,outlined in the Federal Office of Management and Budget Circular A•87, Cost Principles for State and Local Governments. 30. SIGNATORY WARRANT%' i The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. �� -A, , Page 17 of 1 A 10 [1199 S 'I xD(1r cmtrwi 1 xDOT MsI ne Rum Scrip dm 24 IN TESTIMONY HEREOF,the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF DENTON,TEXAS Date By: Mike Jez,City Manager Date I Approved as to form: Herb Prouty, City Attorney E I THE STATE OF TEXAS Execulcd for the Executive Director and r approved by the Tetras Transportation Commission for the purpose and effect of activating and carrying out the orders, established Policies or work programs heretofore approved by the Texas Transportation Commission. By: Larry Zalopck Director, General Services Division I Page Is of to 10,111,99 5'rx UU rd'onfra t rx DO r bldani rrom ScHp Qnc , rronr stntOri.iICT.Y.,�I.IS1.+LyjX,,,�,,,�� r yp l rrasatrrts w...�.Nil+ ll-al-H t1 �La 1.*1 Po"Fax We 7671 ow ► rs r a sh Ow t!. tort ton+r ORDINANCE N AN ORDINANCE AUTHORiZiNO THE Ci'rY MANACER TO EXEC'JIE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO MALONE STREF,I FROM SCRIPTURE STREET TO U.S. 3w AUT4 ORWM THE EXPENDITtrRE OF RINDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON,TEXAS HEREBY ORDAINS: ,SF.CnQ.N 1. That the City Manager it hereby authorised to execute an Agnemart with the Texas Department of Transportation for improvements to Malone Street from Scripture Street to U.S.380,which is attached hereto and incorporated by reference herein SE.CI3QNI. That the expenditure of funds are provided in the Ittsched Agreement is hereby authorized. SECIIOhU. Thai this ordinance shall become effective Immediately upon to paaaage and approval. PASSED AND APPROVED this the day of 1999. JACK M1C ER MAYOR ATTEST: JENMFER WALTERS,CITY SECRETARI' BY. APPROVED AS TO LEGAL FORM, HERBERT L. PROUI Y, CITY ATTORNEY BY; sG;f e rod . pg .,..J,�BRtJ t�slalrrlr i lt+*:•tt tits** I J Apettdshio 99-057 Apettd,Ibm 3 AGENDA INFOWNIATION SHEET Dale— U—Up-99 AGENDA DATE: November 16, 1999 DEPARTMENT: Police k C11: Michael W.lez,349-1926 SITUICT An Ordinance authorizing the Mayor to execute an interlocal cooperation agreement between the City of Denton and the City of Roanoke for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement; and providing for an effective date. BACKGROUND: The City of Denton and the City of Roanoke have had interlocal agreements for the impoundment and disposition of dogs and cats for the past eight years. The animals delivered to the City of Denton under this agreement have not caused conditions of overcrowding at the Animal Control facility. The agreement states that the City of Denton will provide the following services to the City of Roanoke for the impoundment and disposition of animals delivered to the City of Denton from the City of Roanoke: (1) The City of Denton will hold these animals for ninety-six (96)hours if not claimed by an owner. if the owner does not claim the animal within the prescribed ninety-six(96)hours,the animals will be cuthanised or made available for adoption. ' (2) The City of Denton will accept and hold rabid suspects in quarantine for ten (10)days. 1 (3) The City of Denton will remove and ship the heads of rabid suspects for rabies testing by the Texas Department of Health, For the services, the City of Roanoke agrees to pay fees set forth in the agreement as follows: (1) A holding fee in the amount of fitleen dollars (15.00) for the first day or part of a day and five dollars(55,00) for each subsequent day per animal held for reclamation by the owner. r (2) A holding fee in the amount of fifteen dollars(15.00)for the first day or part of a day and five dollars($5.00) for each subsequent day per animal held In quarantine as a rabies suspect. (3) Fifteen dollars (S 15.00)for each animal euthanized. 1 t, (4) Thirty-five (S35.00) for each decapitation and shipment. OPTIONS 1. The City can choose aoi to renew the interlocal agreement with Roanoke, 2. The City can approve the ordinance and renew the interlocal agreement. RECOMMENDATION The Department recommends approval of the ordinance and renewal of the interlocal agreement with the City of Roanoke. I, The interlocal agreement provides a valuable service to the citizens of Roanoke, 2. The housing and disposal of dogs and cats for Roanoke has not, and is not projected to,create a hardship on the Anima)Control operation. 3. The interlocal agreement is a source of revenue for the City of Denton. PRIOR ACTIONIREVIEW The attached interlocal agreement has been reviewed for legal form and content by the City of Denton Legal Department, The agreement was approved by the Roanoke City Council, p1SCAl, IAIEM ' The prescribed fees in the agreement are calculated to recover all costs of all services rendered and.therefore, this agreement does not result in an increase in expenditures. The required rocs in this inicrlocal agreement reflect the increases in Animal Control fees that were included in the FY 1999.2000 budget. It is estimated that the revenue from this program will be approximately SI,S00. Resp fully submitted, _ Gary Matheson�.M ,� Chief of Police A• n 2 I I ca f Prepared by: wic ew right Captain Support Services Division a i ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ROANOKE FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That the Mayor, or In his absence the Mayor ProTem, is hereby authorized to execute an Interlocal Cooperation Agreement between the City of Denton and the City of Roanoke for the impoundment and disposition of dogs and cats, substantially in the form of the copy of which is attached hereto and incorporated by reference herein. SECTION 11. That the City Council authorizes the collection of all fees as provided pursuant to the provisions of said Agreement. SECTION 111. Thal this ordinance shall become effective immediately upon its passage and approval. I PASSED AND APPROVED this the day of , 1999. JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L.PROUTY,CITY ATTORNEY BY: F Asm$,dc0.LGL:Oil Dmvmmu0kiM &nitwl muadue r t II i i STATE OF TEXAS § § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON § WIIEREAS, the City of Denton, Texas ("Denton") and the City of Roanoke, Texas ("Roanoke")are both local governments with the authority and power to contract; and WHEREAS, Denton is engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of Denton;and WIIEREAS, Denton is the owner of certain facilities and equipment designed for the holding and disposition of dogs and cats and has In its employ trained personnel whose duties are related to the use of such facilities and equipment;and WHEREAS, Roanoke desires to obtain impoundment and disposition services for dogs and cats rendered by Denton, as more fully hereafler described, for the benefit of the residents of the City of Roanoke,Texas; and WIIEREAS, Roanoka and Denton mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interlocai Cooperation Act and contract pursuant thereto; and WHEREAS, both Denton and Roanoke have the authority to perform the services set forth in Ibis Agreement individually in accordance with Texas Government Code §791.011(c); and WHEREAS, Roanoke will make all payments for services out of available current revenues and Denton agrees that the payments made by Roanoke hereunder will fairly compensate it for the services provided; NOW, T7IEREFORE, the City of Roanoke and the City of Denton, for the mutual consideration hereinafter stated,agree as follows; 1. A. COVENANTS OF THE CITY OF DENTON I, Holding of Dogs and Cats. Denton agrees to accept and hold dogs and cats lawfully Impounded by authorized represcn(atives of Roanoke under the following Icrms and conditions: i a. Holding Period fot Dogs and Cats. Denton agrees to hold such dogs and cats for r v' a period of ninety-six (96) hours from the time they are accepted by the Animal { Control Center In order to allow the owners of the impounded animal a reasonable amount of time to reclaim the Impounded animal, If the animal is not reclaimed i within the ninely-six (96) hour period, the ownership of the animal shall revert to the Animal Control Center. Animals will be humanely destroyed or placed for adoption at the discretion of the Animal Control staff. 1 b. IIoldine Fees for Impounded Dogs and Cats. For the purpose of this Agreement, 1 Denton will charge Filleen dollars ($15.00) for the first day or part of a day and Five dollars (55.00) for each subsequent day holding fee that an animal is held at the Animal Control Center, In determining the meaning of the term "animal' as used herein, it is agreed that a pregnant animal which has its litter while being held, or an animal which is nursing its litter and is being kept in the same cage, will be considered one animal for the assessment of charges provided for in this Agreement. This fee will be assessed against the owner of the animal at the lime the animal Is reclaimed. No animal will be released until all applicable fees are paid in full. c. holding of Quarantine Animals. Dentin agrees to accept and hold rabid suspects in quarantine for Roanoke when conditions permit, and such action is authorized by a representative of Roanoke. d. 11oldingFees for Quarantined Anjpals. The holding fee for quarantined animals shall be Meen dollars ($15.00) for the first day or part ore. day and Five dollars ($5.00) for each subsequent day that the animal is held. e, 11 ae d Shipments and gables l'estin¢. Upon request of Roanoke, Denton will provide for the removal and shipment of heads of rabid suspects for clinical rabies testing at the Texas Department of Hcalth. The fee for Oils service shall be thirty- five dollars(535.00) for each head shipped. 13. COVENANTS OF THE CITY OF ROANOKE I. Financial RcsponsibiliticL In order to reimburse Denton for its costs Incurred under this Agreement, Roanoke agrees to pay for the holding fees and euthanasia fees on dogs and cats received from Roanoke or its authorized agent If the animal(s) is not reclaimed by the owner. These Pecs will be assessed on the following basis: a. Euthanized Animal: FiRccn deilars($15.00) for the first day or part of a day and Five dollars (55.00) for each subsequent day holding fee for each animal as determined herein,plus 515.00 euthanasia fee b. Adopted Animal: Fifteen dollars ($15,00) for the first day or part of a day and A Five dollars ($3,00) for each subsequent day holding fee for each animal as t �' dclennined herein. c, Head Shipments: $35.00 shipping fce. page 2 c I 2. Denton will collect impound fees duly authorized by Roanoke and as specified in this paragraph from the owners of dogs and cats received from Roanoke. Impound fee monies will be applied to fees owed Denton by Roanoke for animals not reclaimed by the owner: 1NSPOUND PCG I` Impoundment• $20.00 2"d Impoundment - $30.00 3rd Impoundment •$45.00 0Impoundment-$70.00 3. Roanoke agrees payment shall be made within forty-five (45) days of receipt of invoice by Roanoke. I I. Denton agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all Denton's employees and agents, Demon's subcontractors and/or contract laborers doing work under a contract or agreement with Denton in performance of this Agreement with Roanoke. h Roanoke agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all Roanoke's employees and agents. Roanoke's subcontractors and/or contract laborers doing work under a contract or agreement with Roanoke in performance of this Agreement with Denton. It is further agreed that if claim or liability shall arise from the joint or concurring negligence of both parties hcrcto, it shall be home by them comparatively in acc,)rdance with the laws of the l State of Texas. 7 his paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws or the State of Texas. 11 is understood that it Is not the intention of the parties hcrcto to create liability for the benefit of third parties, but that this Agreement shall be fur the benefit of the parties hcrcto. 1 III. 'Elie fact that Roanoke and Denton accept certain responsibilities relating to the collection and impounding of dogs and cats under this Agreement as part of their responsibility for providing protection for the public health and welfare and, therefore, makes it imperative that the performance of these vital services be recognized as a governmental immunity shall be, and Is hereby invoked to the full extent possible under the law. Neither Denton nor Roanoke waives or shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against the claims arising from the exercise of governmental functions. r IV. / .✓) The term of this Agreement shall be for a period of one (t) year, commencing as of October 1, 1999 and ending September 30, 2000. Thereafter, this Agreement shall be renewed for successive additional one (1) year terms commencing on October I of each year if Roanoke and Page 3 4 G Denton agree in writing on or before the first day of October to a successive term and the amount of consideration to be paid hereunder for each successive term; provided, however, either party may terminate this Agreement upon thirty(30) days written notice to the other. V. This Agreement represents the entire and integrated agreement between Denton and Rennoke and supersedes all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be amended only by written Instrument signed by both Denton and Roanoke. VI. This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto,shall be govemed by the laws of the Stale of Texas. VII. In the event that any portion of this Agreement shall be found to be contrary to law, it rs the intent of the parties hereto that the remaining portions shall remain valid and in full force ai;a effect to the extent possible. Vlll. 7 he undersigned off ccr and/or agents of the parties hereto are the properly aulhorixed officials and have the necessary authority to execute this Agr"mcnt on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passel and are now In full force and effect. EXECUTED in duplicate originals this the__day of_. , 1999. CITY OF DENTON.TEXAS BY: JACK MILLER,MAYOR AT'l EST: JENNIFER WALTERS, CITY SECRETARY UY: � Page 4 r. i 4 of C: f I APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY A'T'TORNEY BY: CITY OF ROANOKE,TEXAS A.el, _0 — i - - MAYOR / �`�� ATTEST: CITY SECRETARY BY: aMr� M�o/ APPROVED AS TO LEGAL FORM: CITY ATTORNEY DY. 1 i Ai ! C> F yhtrrddept�LGL�Un Documenit�ConhfcM197voma4e in I rtd tonhd due Page 5 4 � ii ^Yw*NO.�..�L AGENDA INFORMATION SHEET AGENDA DATE:November l6, 1999 DEPARTMENT: Fire CITY MANAGER:Mike Jez,349-8307 SUBJECT Consider adoption of Ordinance and approval of an Interlocal Ambulance Agreement between the City of Denton and the City of Lake Dallas. BACKGROUND The Interlocal Agreements for Ambulance Service between the City of Denton and the cities of Argyle, Corinth, Hickory Creek, Krum, Lake Dallas, Ponder, Sanger and Shady Shores began in 1980 and provide for the continuation of emergency medical services to the small cities within our service area. ESTIMATED SCHEDULE OF PROJECT (Not Applicable) PRIOR ACTION/REVIEW(Couueil,Boards,Commbsioos) Council has approved these agreements since 1980. The revisions being made to the 1999.2000 agreements from last year are: > Per capita charge is increasing from$6,50 to$8.00 > Populations will be based on the estimated January 1, 1999, North Texas Council of Government figure. FISCAL INFORMATION This will comprise approximately 101/o of our total 5MS Revenue for this fiscal year. No other program or department is affected,however,without this agreement we would have to stop service to the small cities. DID INFORMATION (Not Applicable) MAP (Not Applicable) Respectfully prepared& submitted: A Ross ClWwick Fire Chief .1 r r J aar at l+ 1 I c r 4 ORDINANCE NO. AN ORDINANCE APPROVING AN tNTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF PENTON AND THE CITY OF LAKE DALLAS FOR AMBULANCE SERVICES,AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION _ t, That tha City Council of the City of Denton hereby approves an Interlocal Agreement for Ambulance Se vice between the City of Denton and the City of Lake Dallas, a copy of which is attached hereto and incorporated by reference herein, and the Mayor, or in his absence the Mayor Pro Ten, is hereby authorized to execute said Agreement on behalf of the City. .CTS C ION L That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ± 1999• JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:— APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY 4 BY: A A f �. i MrddrprJ.DLM p�yuYddunra rv�fi.lrn wkr I�r��b ' 4 i i t i r k INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BET11'F.EN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS Recitals The City of Denton currently provides emergency medical services to the citizens of Denton, The City of Lake Dallas wculd like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the Tex. Health and Safely Code(Vernon 1992) and the Interlocal Cooperation Act, Tex, Gov't Code Ann. §791.001, et seq., (Vemon 1994),a city may contract to provide emergency medical senic,4'0 the county or another city. WHEREAS, both the City of Denton and the City of Lake Dallas have the authority to perform the services set forth in this r.greemcnt individually and in accordance with Tex. Gov't Code Ann. §191.011(c)(2); and WHEREAS, the City of Lake Dallas will make all payments for services out of available current revenues and the City of Denton agrees that the payments made by the City of Lake Dallas hereunder wit[fairly compensate it for the services performed;TOW,THEREFORE, WITNESSETH r Agreement This Agreement is made on the day of 1999,between the City of Denton, Texas("Denton'),and the City of Lake Dallas("Lake Dallm"). The parties agree as follows: I, Definitions. Emergency Medical S ces or E.M.S, means personnel and ground transportation vehicles used to respond to or, ind,v;4ual's perceived need for immediate medical care and to prevent death or aggravation orphysiological or psychological illness or injury. 2. Denton to Provide EMS to Lake Dallas. Denton shall provide emergency medical services to Lake Dallas in responsi to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits orLake Dallas shall be communicated to Dcnton in the manner specified by Denton. ! 3. Dlscretlon In Providing E.M.S. Lake Dallas understands that Dentou must elso A, - c respond to requests for emergency medical services for persons in Denton and that Denton has ' other contracts to provide emergency medical services to other entities. Denton shall have the sole right and discretion,without being iu breach urthis Agreement and without liability to Lake Dallas, to determine, (a) Whether of not to respond to a request for medical mnergency service; I PAGE , t 1 1 i s (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergency medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medical services to Lake Dallas, Lake Dallas agrees to pay to Denton an annual sum of$47,200 for fiscal year 1999-2000 based on a population of s,900 multiplied by$8.00.. The population figure used Is contained in the latest edi- lion of the North Central Texas Council of Governments estimate for January 1, 1`149. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1,and July 1, of e h annual term. Denton may,after giving prior notice,suspend service to Lake Dallas dilring any period of time Lake Dallas is delinquent in the payment of any undisputed service fee. S. Patienl Charges. In addition to the service fee paid by Lake Dallas, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Den: .. 6. Governmental Immunity Not Waived. Neither Denton nor Le'.e Dallas waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The Semi of this Agreement shall be in one-year increments, beginning on October 1, 1999 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement, 8. Termination; Default. Either party may terminate this Agreement at any time without cause by giving 90 days advance notice In writing to the other,specifying the date of termination. ]f either party breaches a provision of this Agreement,the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Luke Dallas shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed,postage prepaid,to the respcctivc addresses, as follows To Dcntonr To Lake Dallas; rr' City Manager Mayor City of Denton City of Lake Dallas 215 E. McKinney P.O. Box 366 Denton,Texas 76201 Lake Dallas,Texas 75065 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and PAGE 2 i 0 1 'I c, I i shall not be construed to be for the bcne8t of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign th+! Agreement except upon the prior written consent of the other. 12. Venue. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas, This Agreement shall be construed in accordance with the laws of the State of Texas. EXECUTED on the day of , 1999. CITY OF DENTON,TEXAS BY; JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY; APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY BY: E IDA[�9�, CITY OF LAKE DALLAS to �t BY;KA'YOR ATTEST; NI/II p1411111"", A{ B5^, SECRET f J.'1�91 lGLa d<.mmYfmMtu MryJ�y,rin„1.',1,rrtr ld PAOEI Novi t 1 AWAI Intlt AGENDA INFORMATION SHEET AGENDA DATE- November 16, 1999 DEPARTMENT: General Government CMIDCMIACM- Michael W.Jez,City Manager,349-8307 I SUBJECT: Consider adoption of an ordinance adopting a city logo, to be used as the official logo of the City of Denton and adopting a logo to be used as the officlal logo for the flag of the City of Denton. BACKGROUND: In April of 1994, the City Council adopted Ordinance No. 94.074 establishing the official logo of the City of Denton to be used on the official city flag along with all equipment, supplies, and materials. In January of 1996, the original ordinance was amended to set display and treatment standards for the City of Denton flag. The original ordinance was very restrictive and made compliance difficult. A task force made up of a diverse group of staff members all of who are invohrd In providing media support was formed to review the logo and establish a policy for use, The task force recommends keeping the red, white, and blue°D"as the official logo for the City of Denton flag, To achieve the objective of instituting a uniform and cost-effective design for city communication that enhances the identity and professional image of the City of Denton,the task force recommends the adoption of a new official logo for the City of Denton to be used on supplies and materials. no proposed new logo incorporates the red,white, and blue Texas flag design with Denton printed in blue below. OPTIONS: 1. Approve the ordinance as presented. 2. Keep the current logo in place. RECOMMENDATIONS: The Public Information'fask Force recommends approval, f � I 4 U E. FST[MATED SCHEDULE OF PROJECTS The logo will become official upon passage of the ordinance. All new items purchased after the depletion of current supplies will display the new logo. FISCAL INFORMATION; Current budgeted funds will be used to replenish supplies and no new expenditures will be necessary. Respectfully submitted: j i i Batty W Hams Director of Management Public Information i j 1 i i / J t 1 1 F Oara p[WOW Documents ONinancn W Lops adoption dew f ORDINANCE NO. I i AN ORDINANCE OF THE CITY OF DENTON, TEXAS ADOPTING A CITY LOGO,TO BE USED AS THE OFFICIAL LOGO OF THE CITY OF DENTON; ADOPTING A LOGO TO BE USED AS THE OFFICIAL LOGO FOR THE FLAG OF THE CITY OF DENTON, PROHIBITING THE USE OF OFFICIAL CITY LOGOS BY ANY PERSON, F(Rbl, CORPORATION, OR ORGANIZATION, OTHER THAN THE CITY OF DENTON WITHOUT WRITTEN APPROVAL OF THE CITY COUNCIL; PROVIDING THAT THE REQUIREMENTS OF THE TEXAS FLAG CODE APPLY TO THE DISPLAY AND TREATMENT OF THE CITY OF DENTON FLAG;PROVIDING FOR A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH DAY OF VIOLATION; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 19, 1994, the City Council enacted Ordinance No. 94.074 which adopted an official Logo to be used on all official City of Denton materials, equipment, and supplies; and thereafter, on January 9, 1996 the City Council enacted Ordinance No. 96-011 amending Ordinance No. 94-074 in several respects; and WHFREAS, the City of Denton finds that the proper use of logos will foster a sense of unity and community pride; and %%IIEREAS, the City of Denton desires to develop and adopt a new city logo and to adopt the previous city logo as the logo for City of Denton Flag;and WHEREAS, as to the official City Logos,the City Council is of the opinion that the same should not be used by any other person, firm, corporation, or organization for any purpose without the written approval of the City Council; NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1• That the Logo as set forth in the attached Exhibit "A" is hereby approved and adopted as the Official Logo of The City of Donlon. This Official Logo shall be reflected and utilized on all City of Denton, supplies, and materials ordered or purchased after the effective date of this ordinance according to policy hereinafter adopted by the City. SECTION 2, That the Logo as set forth in the attached Exhibit "B" is hereby approved and adopted as the official Logo for City of Denton Flag. This official Logo for City of Denton Flag shall be reflected and utilized on the official City of Denton Flag rnd bear the words "Denton, Texas" underneath the Logo to be displayed prominently for all to see. 1'he use of the i official city flag or the logo for City of Denton Flag by any person, firm, organization, or J !"�;. �. corporation, other than the City of Denton, in any way as any part of any material, equipment,or other matter of such person, firm, organization,or corporation shall do to in a mariner consistent with the treatment of the State Flag under iheTexas Flag Code, Tex. Rev. Civ, Stat. Ann. Art. 6139c (Vernon 1995)as currently adopted or as hereinafter amended. 4 c� i i SECTION 3. That the current supply of printed materials and publications shall be used and depleted without regard to any new policy or guidelines hereinafter adopted. SECTION 4. That no person, fine, corporation, or organization, other than the City of Denton shall adopt, use, display, incorporate, or appropriate the official Logo of The City of Denton or the official Logo for City of Denton Flag when not Wiixed to a flag, as any part of any material, equipment, or other matter of such person, firm, corporation, or organization without written application to and written approval of the City Council. SECTIONS. A person, firm, organization or corporation shall not use, display, incorporate or appropriate the official Logo or Logo for City of Denton Flag in any manner which would violate any State civil or criminal statute. SECTION & That any person, firm,corporation or organization violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding Five Hundred Dollars (5500.00), Each day that a provision of this ordinance is violated,shall constitute a separate and distinct offense. SECTI N 7. That all ordinances or parts of ordinances in force when the provisions of this ordinance became effective, which are inconsistent or in conflict with the tends or provisions contained in this ordinance, are hereby repealed to the extent of any such conflict. SECTION g. That if any section, subsection, paragraph, sentence, clause, phrase or word contained In this ordinance, or application thereof to any person or circumstances 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 invalidity. SECTION 9. That this ordinance shall become effective fourteen (14) days from the / date of its passage, and the City Secretary Is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas,within ten(10)days of the date of its passage, PASSED AND APPROVED this the day of 01999, )ACK MILLER, MAYOR i i i i 4 1 � i � I i I i ATTEST: JENNIFER WALTERS,CITY SECRETARY I BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY I � d f S i JAM Bif "A" 'i k it of h � tHiair �,d�� 1 J F ��..��.. a I All"ND " Apettdt laftt is AGENDA INFORMATION SHEET Qah AGENDA DATE: November 16, 1999 { CEPARTMENT: General Government CM/DCM/ACM: Michael W, Jez,City Manager, 349-8307 SUBJECT: Consider approval of a resolution approving city policies establishing the City of Denton ublication and Usage Stattdards regarding the official City logo,logo for the City of Denton flag,Municipal Electric logo, and graphic identity markers. BACKGROUND: In April of 1994, the City Council adopted Ordinance No. 94.074 establishing the official logo of the City of Denton to be used on the official city Flag along with all equipment, supplies,and materials. In January of 1996, the original ordinance was amended to set display and treatment standards for the City of Denton Flag. The original ordinance was very restrictive and made compliance difficult. A task force mode up of a diverse group of staff members all of who are involved in providing media support was formed to review the logo and establish a policy for use. The charge of the task force was to review the current ordinance and establish a policy for use that was easy to understand and allowed department Flexibility. Using the polity from the University of North Texas as a model, the task force drafted a new policy that is easier to understand and less restrictive, The second goal for the task force was to allow for more individual department initiatives and espirit ;e corps. The policy ensures appropriate use of the City Scal for the mo!t solemn and serious purposes of the City, establishes a new City logo that is easily identifiable, and maintains the official Flag logo as established In the original policy while allowing department and program markers for easy Identification of specific areas. i I. Approve the resolution as presented. $ECOMNIENDATIONS: The Public Information Task Force recommends apprival, / (A, t, . I l 1 c i FISCAL INFORMATION: Current budgeted funds will be used to replenish supplies and no new expenditures will be j necessary. Respectfully submitted: betty lliams Director of Management& Public Information I 2 r u , C: F.S1tAKELYDEPTLGUOur Docum u Rcw1uhwt9911FPub1fra0u a tm:dardt And usye.(IM RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING CITY POLICIES ESTABLISHING THE CITY OF DENTON PUBLICATION AND USAGE STANDARDS REGARDING THE OFFICIAL CITY LOGO, LOGO FOR CITY OF DENTON FLAG, MUNICIPAL ELECTRIC LOGO AND GRAPHIC IDENTITY MARKERS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, The City of Denton, Texas has previously adopied an official city logo,logo for City of Denton nag and municipal electric logo;and WHEREAS,heretofore the City of Denton did not have an official Publication Standards and Usage Policy to direct written communications for the City of Denton regarding the usage of such logos and other graphic identity markers for city deparunenls and programs and now desires to do so; such polity to be used by all City of Denton departments and individuals working to communicate on behalf of the City of Denton to promote a sense of unity and community pride; and WHEREAS, Publication Standards and Usage Policy has been developed by a task force of citywide employees and reviewed and approved by the City Manager, the Executive Committee and departmental staffs; and WHEREAS, the City Council,desires to adopt such policy as an official policy regarding the publications standards and usage of city logos and graphic identity markers for city departments and programs; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON,TEXAS HEREBY RESOLVES: SECTION 1. That Policy numbered 505.02 "Publication Standards and Usage" of the I Personnel Policies and Procedure Manual of the City of Denton attached hereto and incorporated by reference herein, is hereby approved as official policy of the City of Denton,Texas. SECTION 2. That the foregoing policy is attached hereto and made a part hereof and shall be filed in the official records with the City Secretary. SECTION 3. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the i,day of_ _. 1999 i JACK MILLER,MAYOR 3 i 1 u 1 ATTEST: JENNIFER WALTERS,CITY SECRETARY I BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUI Y,CITY ATTORNEY r i 1 i r -'A 4 I� u l a CITY OF DENTON L%ICY/ADMINISTRATIVE SECTION: PUBLIC INFORMATION REFERENCE NUMBER- 505.02 SUBJECT: PUBLICATION STANDARDS AND USAGE INITIAL EFFECTIVE DATE: 09/21M I TITLE: PUBLICATION STANDARDS AND USAGE LAST REVISION GATE: POLICY STATEMENT: As the City of Denton, Texas, develops a vision for the future, plans Include quality graphic communications to reflect the City's goals. The City's image is enhanced when the official logo Is Incorporated Into all operations. This assists citizens in identifying City publications, properties, and services and promotes a sense of unity and community pride. The Publication Standards and Usage policy has been developed to establish guidelines and standards for City of Denton communications and publications. The goal is to Institute a uniform and cost-effective design for City communications and to enhance the Identity and professional Image of local government while allowing departments flexibility and creativity within the confines of this policy. Use of this policy strengthens the City's mission and helps to raise the profile of the City by ensuring its name Is clearly recognizable. The basic requirement of this policy Is that all electronic and print publications, which describe official City of Denton programs and functions, are consistently and clearly identified as City of Denton communications. This policy ensures unity, consistency, and clarity of message In the City of Denton's Internal and external communications. The programs and actions described herein enhance awareness of the City of Denton Internally and externally and preserve and protect the City of Denton's rights to use and to control use of its department markers and logos. All markers, logos, and Images described herein are the sole property of the City of Denton. This policy is to be used and upheld by all departments and Individuals working to communicate on behalf of the City. All design, composition, and prinfing/copying service departments/divislons and i all City staff will follow the design requirements established by this policy in creating publ,catio-Is. External agencies and any other seMcas employed by any department or division are required to observe this policy as well, External vendors will be provided with design and style specifications through contact with the department originating the purchase order. Copies of this policy can be made available to external vendors. AA 1 5 a 1 I Page 2 of 11 OLICYIADMINISTR&DVE PROCEDURE/ADMINISTRATIVE DIRECTIVE(Continued) TITLE: PUBLICATION STANDARDS AND USAGE AEAeNCe rouMSeR 505.02 DEFINITIONS: 1. The City of Denton Seal: The City of Denton seal is reserved for the highest official communication of the City by the Mayor and City Council. The seal is a mark of guarantee; it Is reserved for the most solemn and serious purposes of this municipality (see section V.A•). 11. Official City Logo: The official City logo 13 an Image that has been officially Identified through this policy to represent and Identify the City of Denton (see section V.B.). III. Logo for City of Denton Flag: The flag logo Is an Image that has been adopted by the City Council to represent and identify the Gity of Denton's flag (see section V.C.). IV. City of Denton Wordmark: The City of Denton wordmark Is the City's name presented In a specific form. It communicates Immediately who we are and Is the most commonly used and readily Identifiable element on official City of Denton publications (see section V.D.). V. Official Denton Municipal Electric (DME) Logo: The official DME logo Is an Image that has been officially adopted by the City Council to represent and Identify Denton Municipal Electric (see section V.E.). VI. Department Markers: Department markers are Images that identify departments and , divisions (see section V.F. and Appendix A). VII. Program Markers: Program markers are Images that Identify programs such as the energy efficiency program, Keep Denton Beautiful, etc. (see section V.F. and Appendix A). Vlll. External Customers: External customers are defined as Individuals who receive services such as citizens, other municipalities, organizations, businesses, etc. iX. internal Customers: internal customers are defined as City employees working In departments and divisions within our organization. r r . .' 5 i Pub6catbon Standards and Usaya Policy(505.02) i u a Page 3 of 11 QLICY/ADMINISTRATIVE TITLE: PUBLICATION STANDARDS AND USAGE REFERENCE NUMBER; 505.02 ADMINISTRATIVE PROCEDURES: I. Approval for Use: A. Requests for clarification of this policy should be directed to the City of Denton Director of Management and Public Information, who reports to the City Manager. B. Departments and divisions may use the approved markers shown in Appendix A. Before a now or revised design can be utilized, the marker must be sent to the City Manager's Office for approval and will be added to Appendix A. Individuals ordering materials that violate this policy can be held personally responsible for the associated costs. II. Archival Responsibility: Departments and divisions are required to maintain a copy (copies) of every official City of Denton publication In accordance with the records retention schedule. III. City of Denton Publications: A. City of Denton publications are any media produced and/or paid for out of budgeted funds administered by the City of Denton, Including grant funds and gift funds. The City's publications Include print, cable broadcast, photocopy, videotape, desktop- publishing, or on-line media. B. This policy also applies to clothing depicting the City of Denton's distinctive markers (that is, City seal, wordmarks, logos or department markers) whether produced intemally or externally. i IV. Accuracy in Communication: A. It is the responsibility of all Individuals originating publications on behalf of the City of Denton and departments to communicate responsibly. Information distributed by Oty representatives must hold to the highest level of accuracy in content and reflect City guidelines in format, style, and design as a means of strengthening the City's Identity , as a municipality. !I A r B. Departments/divisions that originate publications and other media of all kinds retain ! tr the primary responsibility for accuracy of the Information presented. Each time publications are revised, information must be rechecked for accuracy. 7 Publication Standards and Usage Policy(505.02) 1 i I Page 4 of 11 P I I TITLE: PUBLICATION STANDARDS AND USAGE REFEREE 02 MBER C. Publications printed by the Reprographics Division must be scheduled allowing time for their staff to proofread prior to printing. A proof will be produced for review and must be signed for approval before printing. D. All publications and advertisements relating to City of Denton employment opportunities must carry the following non-discrimination statement or the abbreviated format. 1, When space is available: It is the policy of the City of Denton not to discriminate on the basis of race, color, religion, sex, age, national origin, disability (where reasonable accommodations can be made), disabled veteran status, or veteran of the Vletnam-era status in its delivery of services and employment policies. Direct your questions or concerns to the Department of Human Resources at (940) 349.8340 or the City Manager's Office at (940) 349.8302. TDD access Is available through Relay Texas: (800) 735-2989 . 2. Abbreviated form: a) Equal Opportunity Employer b) ADA/EOE/ADEA E. All other publications must carry the following non-discrimination statement: 1. When space is available: The City of Denton Is an equal opportunity employer and does nc t cscriminate on the basis of race, color, national origin, sex, religion, age, or disability in employment or the provision of services. 2, Abbreviated form: a) Equal Opportunity Employer b) ADAIEOE/AREA F. Meeting notifications mus! Include statements that the meeting facility/room Is ADA accessible, 8 Publication Standards and Usage Policy(505.02) It I I II� Page 6 of I I t' TITLE: PUBLICATION STANDARDS AND USAGE REFERENCE NUMBER 605.02 G. All publications intended for mailed distribution are required to carry a return address. Publications that will be distributed by some other means are required to carry some form of address or telephone number at which the author or department representative can be reached. V. City of Denton Graphic Identity Markers: The following summary contains basic guidelines for the use of the City of Demon's graphic Identity markers. Images of the graphics must be reproduction quality and may be embossed, debossed, or watermarked. I A. The City of Denton Seal: 0444 a oaae be�6' esBQ ey e'Oa oeQ��dP44G4�ou The City of Denton seal (shown above) is reserved for the highest official communication by the Mayor or City Council. The seal Is a mark of guarantee; it is reserved for the most solemn and serious purposes of this municipality. The Gty Secretary must coordinate all uses of the City Seal The seat Is appropriately reserved for: I. Ordinances and resolutions. 2. Employment contracts. 3. Proclamations. 4. Document certification. 6. Any communication from the Mayor or City Council G I 6. Gifts presented on behalf of the Mayor, City Council, or City Manager. At i 9 i Publication Standards and Usage Poky{506 02) c Page 6 of 11 ` POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE TITLE: PUBLICATION STANDARDS AND USAGE REFERENCE NUMBER: 505.02 8, The City of Denton Logo: ALM i The City of Denton logo and department markers are related but serve distinct purposes. 1. The City of Denton's official logo is the design shown above. It may not be stretched or distorted to appear in any shape or proportions other than those shown here. 2. The logo is the Image that should be used on stationory, business cards, forms, printed memoranda sheets, and official communication on paper of all kinds (see section VI,B. for more detailed Information on stationery). C. Logo for City of Denton Flag: r 1. The "D" logo is designated for the City of Denton flag. 2. The City of Denton flag Is to be flown on or near the main administration building and major City facilities. The flag should be flown daily and can also be flown at night if it is properly illuminated. 3. The use of City flags by the public Is encouraged, particularly at parades, at official functions, and on or near public buildings. 4. When displaying the City flag with other flags, the general protocol Is to rank the American flag first, then the Texas flag, the county flag, and finally the City flag , (see also "Display of Flags at Half-mast" policy number 500.05). e 10 Publication Standards and Usage Pofcy(505.02) ' 4 t Page 7 of 11 }' I TITLE: PUBLICATION STANDARDS AND USAGE REFERENCE NUMBER: 505.02 0. The City of Denton Wordmark: City of Denton 1. The City of Denton wordmark is our name presented in a specific form. It communicates immediately who we are and is the most commonly used and readily Identifiable element on official City of Denton publications. In many design applications where use of one of the other graphic elements herein would clash with other prominent designs, the wordmark is the best choice. It is required that the name of the City be prominently displayed In the wordmark fomtat or In one of the other formats described herein but need not dominate the design. 2. Standards: a) Use the wordmark In its entirety. b) Use the wordmark In an area In which other type Is not touching it or superimposed over it, c) Use only reproduction-quality Images of the wordmark. it must appear In CG Times, bold In upper and lower cases, one line only, no smaller than 12• point font size. If these specifications cannot be matched, do not substitute others, d) The wordmark may be printed In any solid color if the rest of the text Is In that color. Wordmark on official letterhead must be printed in blue. It should not be printed In more than one color or printed In reverse unless it Is presented wholly In reverse form. The wordmark can also be printed as a watermark. e) In cases In which the City or one of its representatives works In consortium or partnership with an outside entity or entities that desire to be named on stationery, business cards, and the like,the wordmark may be printed with the partner agency's or Institution's official symbol or logo. The City logo and department markers can also be used. Publication Standards and Usage Polity (505.02) 1 l { t1 i t (, i f Page 8 of 11 v. OLIQY/ADMINISTRATIVE TITLE: PUBLICATION STANDARDS AND USAGE neFEat rvct reEn 505.02 E. Denton Municipal Electric Logo: W TON fIICTRIC D,anton Municipal Electric's official logo has been set by Ordinance No. 98.202 and is copyrighted as the property of the City of Denton. Any other person, firm, corporation, or organization should not use the official logo of Denton Municipal Electric for any purposes without the written approval of the City Manager. The official logo for Denlon Municipal Electric shall be utilized on all Denton Municipal Electric equipment, supplies, and materials ordered or purchased. F. Dope rtment/Prog ram Markers: In addition to the logos, several City of Denton department markers and Denton Municipal Electric program markers are available, These were generated specifically for use on department and DME equipment and publications, and some are particularly appropriate for other uses such as casual clothing, coffee cups, water bottles and plastic to-go drink mugs, and cups. VI. City of Denton Print Documents: , The City of Denton and Denton Municipal Electric stationery are the most widely distributed elements of City communication. Stationery Includes all letterhead, envelopes, business cards, and official forms. A. External Communications: External communications that publicize employment opportunities, events, programs, and general City of Denton or Denton Municipal Electric Information must include the following: 1. Logo with or without wordmark (see sections V. B. and V. D.} 2. Statement regarding non-discrimination (sections IV.D. and fJ.F.) or ADA lip accessibility (sections IVY.) �, ' 3. Month and year the communication was produced 4. Contact information Including website address Www cityaldentm com) 12 Publication Standards and Usage Poky(505.02) 4 t, I Page 9 of 11 OLICYIADMINISTRATIVE TITLE: PUBLICATION STANDARDS AND USAGE REfERF�02 MBER 3 5. If you are providing a phone number for additional Information, iryaude the Texas { State Relay (Telephone Device for the Deaf) phone number, which is TDD (800) 735-2989 . i B. Stationery: 1, Letterhead: a) All City of Denton departments and divisions will use the standard letterhead design (see Appendix B). Denton Municipal Electric will use lefthead formats specific to Its operation. b) Department or program markers can be added to the standard letterhead. Stationery must be printed as indicated in Appendix B. Letterhead may be reproduced In black for mass mailings. 2. Business Cards: a) Business cards must include the City of Denton's official logo and may Include department markers as well (see Appendix Q. Denton Municipal Electric will use their official logo Instead of the City of Denton's official logo. The type font and point size may not change unless deemed necessary to maintain line consistency. If multiple addresses are needed, formats for double-sided printing are available. b) Business cards must be printed on at least 80-pound cardstock. 3. Envelopes: i a) All envelopes must include the return address In the following order: I (1) City of Denton departments: D City of Denton D Department/division name D Address i "A ' 13 � Publication Standards and Usage Policy(505.02) 1 � it I Page 100111 IMAM TITLE; PUBLICATION STANDARDS AND USAGE REFERENCE NUMBER 505.02 (2) Denton Municipal Electric: D Denton Municipal Electric D Address b) If postage codes are used on the envelope, the number should appear on the upper right-hand corner of the envelope. c) If the envelopes are standard (#10) to match City of Denton or Denton Municipal Electric letterhead, then the City of Denton logo or Denton Municipal Electric logo must appear as indicatad in this policy. Envelopes matching special event letters may be exempted, 4. Memoranda Formats: Many City of Denton departments and divisions and Denton Municipal Electric generate their own Internal memoranda and fax sheets on personal computers. The memoranda and fax sheets must have the City of Denton or Denton Munlcipal Electric wordmark included somewhere on the page. 5. Forms: All forms for the City of Denton and Denton Municipal Electric are to be clearly Identified with the City's official and DME's official logos respectively. Department markers may also be used on the City of Denton forms. VII. City of Denton and Denton Municipal Electric Video Presentation$: A. Cable Television: All videos produced by City departments and the City calve channel must be Identified as a City of Denton production with a screen that includes all the elements required for print publications including City logo and/or wordmark, month and date produced, a non-discrimination statement a+td the City's website address. B. Approvals: A. The appropriate director and assistant city manager must approve productions to ensure accuracy and adherence to Council-established policy. 14 Publication Standards end Usage Policy(50502) i a �1 t I u i Page 11 of 11 TITLE: PUBLICATION STANDARDS AND USAGE REFERENCE NUMBER 505.02 i Vill. Specialty uses: A uniform Patches: Department markers or official logos must appear on upper left front of the shirt. Civil Service uniforms will be designed according to department policies. B. Banners: All banners should be clearly marked with the City's official logo or with the Denton Municipal Electric's official logo. C. Promotional Items: The City's official logo or Denton Municipal Electric's official logo can be used on promotional Items with the approval of the department director, The City of Demon's official logos are authorized for commemorative items including but not limited to the "Key to the City," pens, coasters, and pins for use by the Mayors Office. IX. City of Denton Vehicles: All City vehicles will be clearly marked with the Gtys official logo or Denton Municipal Electric's official logo. Department markers may be placed on the rear quarter panel of the vehicie as approved by the department director. Vehicle decals will be printad in the logo/marker colors on materials that are best suited for the application and that most state and federal regulations. Public safety vehicles are exempt from this section of the policy. ! a is Publication Standards 9nd Usage Policy(505,02) i i t E Appendix— Page t of 2 POLIC'Y/ADMINISTRATIVE PRUCEDUREJArP.IINISTRATIVE DIRECTIVE Continued Title: PUBLICATION STANDARDS AND USAGE REFERENCE NUMBER: 50502 Appendix A Official Logos: of � N ECTIRIC EL En.ryi:,n,Q Xmu row'S nunmmuN ehry City Denton Municipal Electric Logo for City of Denton Flag: WDI City of Denton Lrepartment Markers: vocolk:t. i2l Technology r Sces ervi 1 • CNRCH NtL - J♦ A f♦ rky (Iy 1Y R I Demon ��N.2 �i9�'4�'•� J ^'".�4. 1 Engineering/Transportation A0 I Alft A, T•care �N nero•Hb T•n" n 16 PUb4cabon Standards and Usage Policy(505,02)•Appendix 1 Appendix— Page 2 of 2 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Continued Title: PUBLICATION STANDARDS AND USAGE REFERENCE NUMBER: 505.02 Appendix A(continued): City of Denton Department Markers (continued): pLICE pFp��� W? ;� o Zi necycieS"W Rex Recycling Division Program Markers: Keep Denton Beautiful rtiYrr:�Y.tisti•.n:r Mfl STRUT � , t De nt ' �E oil I I I I Economic D[ ITOond Development . Pins rr.wrrr.titivrrrr. Publication Standards and Usage Policy (505,02)- Appendix c; c. 0 i 2 f a F AfcKMIAIEY DfNTON. iF)L�S 7��J f � /900/JI&d?oo�� r�ado.�s i Appendix B i 18 "Docketed to Qu&Nfy Son**" www.cityoAAmfoo.com 1, A 0 *; t 311 F. AkAiMNhFY bEW10N TEXAS 7610lN PARK @F AX/910/31 -W" PARKS 8 RECAEA1TaYOFPApTMEM Appendix B (continued) i i I i 19 "Dedkstsd to QurNty Sons" www,ckyompnton.com i M U WON N , C I ? A I E L F C T 81 C AO!-A Tom Stren F.rpf}Cin}r lnmrrrtxi''J pNxmUxiQ•frx(ur! ntm ltal Appendix B (continued) f i I I r zo OMNI 1 c 1 f 1 Appendix C I i STEPHEN A.COOK STEPHEN A.COOK AIMP COMPRENENMKYE V#4 068Cn" COMPMMNMPLA1Wt NG 6ECTNTN PWINNIG AND DENFLOPMENT DEPARTMENT PLAWM AND DEVELOPMENT DEPARTMENT OFFICE FAX METRO OFFICE: (9/1034041W 90349 5358 W349-7707 972-434 2529 FAIL (910}3447707 METRO: (974 4M 2S29 EMAIL:1taplMn 000lcetaydderxanean EMAIL laphM eo**cW"4on.com wrr,dryoldenforl.mn www..L1Y3nyank7MC" CRY HALL 61 ST-M N ELM OENTOrI TEXAS.IMI CRY NALL MEET•221 N ELM 081ROK TE%A5.71001 DWRWKATHY SCHAEFFER DMWWW KATHY SCHAEFFER PROGRAM AEA MANAGER PROMAM AREA MANAGER OFFICE FAX OFFICE. (410)3498125 9/03498125 940349f " FAY ( 1 349-w" EMAIL:kathVktag0a0dWde wwm EMAIL kathyafuellw6c"d9rdon.00m i eTw.eftm TeRTon.dorn Irrw.dRyoMAnfoN.dom . CrTVK4LMEEr•E21NfLMDENTOKTEI S-Mo1 CRY NAIL MEIT-nI N ELM DENTOK TEU6-NMI ner¢lung I,iiwrms'A Cnmmlmh7 I(NIA)I" rE , IT A II Jessica James 1Narketlnp DiviEion OTrice 810.349.7142 Paper 940.381.8464 Fax 90SN.7334 9maN:WAm***cAV*Tdw%mcam 9OT-A Tom SUM Denton,Texee 76201 I i i i C. Agenda No. AGENDA INFORMATION SHEET A2endal1am_ AL 2 *, AGENDA DATE: November 16, 1999 DEPARTMENT: PIanning Department A01: David Hill,349-8314 SBHM — A-90 (Shadow Brook Place) Consider adoption of an ordinance to voluntarily annex approximately 34.40 acres of land located on the south side of El Pasco Drive, between Forrestridge Drive and Montecito Drive,to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. Second reading of the ordinance, BACKGROUND Beverly Stephens, property owner and ,r?plicant, has applied for voluntary annexation of the subject property (see Attachments 2 and 3). The 34.40 acre site is contiguous to existing city limits boundary to the west, north and east. it is bounded by the Forrestridge subdivision to the west, Montecito subdivision to the north, and the Montecito Del Sur subdivision to the east. The property is presently undeveloped, The owner intends to develop a residential subdivision. Mrs. Stephens anticipates that the lot sizes in the proposed single-family subdivision will range from three-quarters (3/4) acre to one (1) acre. To allow this flexibility, the owner is requesting a Single-family 16 (SF-16) zoning district, which is consistent with the zoning districts of the adjacent subdivisions (see Attachment 4). The proposed development of the Shadow Brook Place property will require several public improvements. There is no application for a plat at this time. However, the following are general improvements, which it may be required to provide: I. Construction of internal streets. 2. Sidewalks along all public streets,including El Pasco Road. 3. Extensions of water and sewer lines. 4. Storm water drainage improvements. 5. Installation of fire hydrants 6. Dedication of public utility easements. 7. Participation in traffic si,lnalization based upon a Traffic Impact Analysis(TIA), I he proposed development will be subject to the land dedication portion of the Park Dedication Ordinance(Ord. 98-039), Land dedication for park facilities shall be imposed during the platting ��' A process based upon the, total number of lots. A fee in lieu of land dedication will be required for the subject property, because it will be less than five (S) acres, the minimum slze for a public park. The developer would be required to pay the fce at time of release of the 5nal plat, j 1. i t. If the subject properly is not annexed, the proposed subdivision would be exempt from the park development fees of the Park Dedication Ordinance. If it is within the City when developed, park development fees will be collected during the building permit stage equal to$291 per unit. In accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on a case by case basis the annexation of areas in the ET]when significant developments are proposed." An annexation service plan has been prepared for City Council and public review during the annexation process (see Attachment 9- Exhibit B). The capacity of infrastructure such as water, waste water, streets and electric service and services such as police, fire, recreation, and general government are evaluated with respect to the proposed annexation. pR10R ACTION/REVIEW July 27, 1999 -- City Council received a report, held a discussion and provided staff with direction regarding the voluntary annexation. August 3, 1999 - City Council conducted the first of two public hearings concerning the annexation of the subject 34.40 acre tract. August 17, 1999 - City Council conducted the second of two public hearings concerning the annexation of the s:bject 34.40 acre tract. August 25, 1999 - Planning and Zoning Commission recommended approval of both the annexation (5-0) and the Single-family 16 (SF-16) zoning district classification and use designation (5-0) (see Attachment 11). September 7, 1999 - City Council conducted the first of two readings of the annexation , ordinance of the subject 34.40 acre tract. October 19, 1999 - City Council was to conduct the second of two readings of the annexation ordinance of the subject 34.40 acre tract. However, at the applicant's request,it was decayed (see 1 Attachment 10). ESITN1ATED PROJECT SCHEDULE Ibis is the first of two readings of the ordinance to be conducted by City Council concerning this annexation. The schedule is consistent with the requirements of state law(see Attachment 8), FISCAL INFORMATION None at this time. 2, i 0 i RECOMMENDATION The Planning and Zoning Commission recommends approval of the annexation. ATTACHMENTS 1. Location Map 2. Vicinity Map 3. Vicinity Map 11 4, Zoning Map 5. Utilities Map 6. Denton Mobility Plan Map 7. 200-500 Foot Notice Map 8. Annexation Schedule 9. Draft Ordinance 10. Letter from applicant requesting postponement 11.Planning and Zoning Commission Minutes for A•90, August 25, 1999 S G Re tfuiiy submitted: I ,�I rX Mark Donaldson Assistant Director of Planning and Development r Pre aged by: 1 a n Rce 5 d Planncr11 3. { I NORTH A-90 & Z-99-051 (SHADOW BROOK PLACE) pwdy share •1 left �d�y`t� '��,.'i � I {I f f%���,�?�''�,. , . kr) 3 "k '' • f I � o i LOCATION Agenda Date: October 10, 1999 Scale: None 4. r 1 +° I ATTACHMENT 2 4 A-90 & Z-99-051 (SHADOW BROOK PLACE) NORTH s 0 , yyy. 1 ti y I+ fir*^ � i 4 f j VICINITY MAP r r � Agenda Dale: October 18, 1999 Scala, None c. ATTACHMENT 3 NORTH A-90 & Z-99.051 (SHADOW BROOK PLACE) i fr'y ,L rr ij*,,it L t r 4W .; h 09 Wfmr% - gee M It br bdu6spla _ SITE •.� r'M y r _10)" dr VICINITY MAP II "A` � o �jre Agenda Date: October 19, 4999 Scale: None 6. L1 ATTACHMENT 4 NORTH A-90 & Z-99.051 (SHADOW BROOK PLACE $ *` 1.0 31 ♦I NMI i�111i11 �i �, � � � I - SITE Ir er•u � M /,�u Q"AL-OAKO'� er.0 .Ir er•!e ZONING MAP f Agenda Oat*: October 19, 1000 Sala: None r` r c i ATTACHMENT S � NORTH A-90 & Z-99.0: 1 (SHADOW BROOK PLACE) _taw,! +�� alr� � � .� �, � � �r• � � � �� .; U 011 N� o w it 40 ar to ilea 3 �1 p P4410&%ILa1� .� 7� �� y �a po WA r . • SITE `r � *t+� r 1 R 0 [ * i r • EXISTING UTILITIES MAP • Hydrants • — Water Line (W. L.) -- • . Sewer Line (S. L.) 1 � Agenda Date: October 10, 1999 Scale: None 8. r 1 I I ATTACHMENT 6 r A-90 & Z-99.051 (SHADOW BROOK PLACE) NORTH 0 7.� - I L. W4 Sir i,T 1�1�f Jr all Ti� Mi►1! , s IhaN+M�e�LN�yg a �+ r t 4 in 2 a =OAK, ' Oi t SITE �r�.'� t � � r!7 ,A #" Nfk�NDTOM'OAI�t: $ �J p oroN oAxs /' s fdj•,b �Rork:OAKS"- ft 1d .q OYAL° OA!(SiR it. CIS. a.rrr � DENTON MOBILITY PLAN MAP Freeways Primary Major Arterials Secondary Major Arterials Collectors ' A I Agenda Date: October 19, 1999 Scala: None 9. c+ ATTACHMI A:" 7 A-90 & Z-99.051 (SHADOW BROOK PLACE) NORTH 'l ialtiifr rur 1� ►t i of `-=— ' r fKill gglae LIMIT 290Fp INOMICATION a tt � -T.--- ,yaw r � { 1' .r 1� rkf •� a �.�, Y � ". '; qr A ti l o w y ' SITE rh O`00to r i AL .awti _ } ! Jr ft Till A l I 200 - 500 FOOT NOTICE MAP 'A. V I Agenda Date: October 19, 1999 SCSI*: None e: r i ATTACHMENT 8 VOLUNTARY ANNEXATION SCHEDULE, SHADOW BROOD; PLACE (A-90) Rr,i,aWp 1r',rovv Saturday, July 24"' Notice published in Denton Record-Chronlcle for first City Co-.incil public hearing concerning annexation, Sunday, August 1'r Notice published In Denton Record-Chronlcle for second City Council public hearing concerning annexation. Tuesday,August 34 City Council conducts first pub"q hearing, • Public notice must be no less than 10 days and no more than 20 days before public hearing. o Anrne"ation Study prepared and available for public review. a Service Plan prepared and available for public review. Sunday, August 6'h Notice published in Denton Record-Chronicle for Planning and Zoning Commission public hearing concerning annexation and proposed zoning. Tuesday,August 17"' City Council conducts second public hearing, • Public notice must be no less than 10 days and no more than 20 days before public hearing, Wednesday, August 25°4 Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and proposed zoning. • Public notice must be no less than 10 days before public hearing. Tuesday, September 71h City Council by a four-fifths vote institutes annexation proceedings. First reading of annexation ordinance. • Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sunday, September 12'h Publication of annexation ordinance with service plan In Donlon Record-Chronlcle. Sunday, September 12" Notice published In Denton Record-Chronicle for City Council public hearing concerning annexation and proposed zoning. • Public notice must be no less than 15 days before public hearing. Tuesday, October 191h City Council by a four-fifths vote takes final action. Socond reading and adoptlon of the annoxatlon ordJUM. City Council considers approval of zoning request. • Council action must be more than 30 days after publication of ordinance and less than 90 days after council Institutes annexation proceedings. 11 , i` c �wAVOAwnuroeer+wiw o.ria4.,.'w A w uwriw ATTACHMENT 9 ORDINANCE NO.. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 34.40 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED ON THE SOUTH SIDF.OF EL PASEO STREET AND APPROXIMATELY FIVE HUNDRED (500) FEET NORTH OF RYAN ROAD IN THE COUNTY OF DENTON, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY Cl OUSE;AND PROVIDINO AN EFFECTIVE DATE, (A•90) WHEREAS, Beverly Stephens has petitioned for annexation of 34.40 acres of land to the City of Denton, Texas;and WHEREAS, the City of Denton on July 27, 1999, heard the petition and agreed to grant the petition for annexation of 34.40 acres of land described herein;and WHEREAS, on August 25, 1999, the Planning and Zoning Commission recommended approval of the petition for annexation;and WHEREAS,public hearings were held in the Council Chambers on August 3, 1999, and August 17, 1999,(both days being on or after the 40 day but before the 20'"day before the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence beating upon this annexation;and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at s meeting of the City Council on September 7, 1999;and WHEREAS, this ordinance has been published in full one time in the official newspaper , of the City of Denton on September l2, 1999, after annexation proceedings were instituted and 30 days prior to City Council taking final action,as required by City Charier;and WHEREAS, the City Council finds that the annexation will be In compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW,THEREFORE, I 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. r SECTION 2, That the service plan attached as Exhibit "B", and incorporated by A, reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance. I 12, i r c 1 a„Iw1wPiwfwA w Pfr,r I SECTION 3. Should and 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 MR, regardless of whether any other part of the described property is hereby effectively annexed to the City, If any part of the real property annexed is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or to not within the City of Denton's jurisdiction to annex,the same is hereby excluded from the territory annexed as fully as if the excluded area were not expressly described in this ordinance, SECTION 4. That this ordinance shall become effective thirty(30)days tiom the date of its final passage and publication, and the City Secretary is hereby directed to cause the entire ordinance to be published once and the descriptive caption to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (I0) days of the date of its passage. PASSED AND APPROVED this the day of , 1999. JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L.PROUCY, CITY ATTORNEY BY: L!�et�e Q taa✓ j A t, 13. Page 2 1 L I EXHIBIT A A•90(SHADOW BROOK PLACE) 34.40 acres All that certain lot, tract or parcel of land lying and being situated In the A. Gibson Survey, Abstract No. 498, Denton County, Texas, being the same tract of land described in a deed to Elmer Wayne Stephens at ux, dated 4.16.74, as recorded In Volume 706, Page 79 of the Deed Records of Denton County, Texas, being the same tract of land described In a deed to Bradley Stephens Trust, dated 4.1-98, as recorded under County Clerk's File No. 98.0041953 of the Real Property Records of Denton County, Texas, being the same (called) 10.433 acre tract of land described In a deed to Custom Designs, Inc., dated 4.12.99, as recorded under County Clerks File No. 99- 0037344 of the Real Property Records of Denton County, Texas, being the same (called)8.240 acre tract of land described In a deed to Brain Stephens Trust, dated 4-t- 98, as recorded under County Clerk's File No. 98-0041954 of the Real Property Records of Denton County, Texas, being the same (called) 4.291 acre tract of land described In a deed to Bradley Stephens Trust, dated 4.1.98, as recorded under County Clerk's File No. 98-0041955 of the Real Property Records of Denton County, Texas, and to Brain Stephens Trust, dated 4.1-98, as recorded under County Clerk's File No. 98-0041956 of the Real Property Records of Denton County, Texas, being more particula0y described as follows: BEGINNING at the northwest corner of said Elmer Wayne Stephens tract, same being on the south right-of-way of El Paseo and the east line of Forrestridge Addition, Section !l, an addition to the City and County of Denton, Texas, according to the plat thereof recorded in Cabinet C, Page 12, of the Plat Records of Denton County, Texas, said point lying on the current city limlts line as established by Ordinance No. 65-35; THENCE North 88' 24' 40* East with the north line of said Elmer Wayne Stephens tract and the south right-of-way of El Paseo, same being the existing city limits line as established by said Ordinance No. 65-35, a distance of 363.44 feet to a point for corner, THENCE North 74' 22' 04" East with the north line of Bald Elmer Wayne Stephens tract and the south right-of-way of El Paseo, some being the existing city limits line as established by said Ordinance No. 6535, a distance of 12.48 feet to a point for corner at the northeast corner of said Elmer Wayne Stephens tract; THENCE South 14' 68'40" East with an east line of said Elmer Wayne Stephens tract, a distance of 6.30 feet to a point for comer at the beginning of a curve to the right; THENCE with sald curve to the right, having a cenLral angle of 9 14' 08", a radius of 1534.02 feet, an are length of 247.27 feet, a chord which bears South 10' 27'05" East a distance of 247.00 feet to a point for comer on the East line of said Elmer Wayne Stephens tract; A' h A-90 LEGAL DESC "DON PAGE I OF 2 14. c c. EXHIBIT A j A-90 (SHADOW BROOK PLACE) j 34.40 acres THENCE North 88' 45' 10" East, a distance of 591.10 feet to a point for comer on the east line of sold Custom Designs, inc., tract; THENCE South 09' 35'00" West with an east Ifne of said Custom Designs, Inc., tract, a distance of 135.47 feet to a point for corner; THENCE South 39' 07' 10"West with an east line of$aid Custom Designs, Inc., tract, a distance of 290.26 feet to a point for comer; THENCE South 26' 36' 00" East with an east ilea of said Custom Designs, Inc., tract, a distance of 268.00 feet to a point for corner, THENCE South with an east line of said Custom Designs, Inc., tract, a distance of 246.00 feet to a point for comer; THENCE South 09' 17' 00*West with an east line of said Custom Designs, Inc., tract, a distance of 104.93 feet to a point for comer at the southeast comer of sold Custom Designs, inc., tract, same being the northeast corner of sold 8.240 acre tract; THENCE South 09' 19' 00" West with an east line of said 8.240 acre tract, passing the southeast corner of said 8.240 acre tract and the northeast corner of said 4.291 acre tract, continuing a total distance of 438.80 feet to a point for corner at the northernmost southeast comer of said 4.291 acre tract; THENCE South 88' 49'00" West with a south I ne of sold 4.291-acre tract, a distance of 726.00 feet to a point for comer; THENCE South 00' 37' 00" West with an east line of said 4,291-acre tract, a distance of 62.60 feet to a point for comer at the southeast comer of sold 4.291-acre tract; THENCE South 88' 48'20" West with the with line of sold 4.291 acre :+act, a distance of 2511,63 feet to a point for corner at the southwest comer of said 4.291 acre tract, same being on the east line of the Estates of Forrestridgo, Section ill, an addition to the City and Counly of Denton, Texas, according to the plat thereof recorded in Cabinet K, Page 295 of the Plat Records of Denton County, Texas, said point also being on the existing city limits line as established by Ordinance No. 93.188; THENCE North 00' 36' 55" West with the existing city limits line as established by said Ordinance No. 93-188, and as established by Ordinance No. 92.060 and Ordinance No. 88-001, a distance of 1828.60 feet to THE POINT OF BEGINNING and containing in all 34.40 acres of land. A-90 LEGAL DESCRIPTION PAGE 2 Of 2 15 r c. � I EXHIBIT B ANNEXATION SERVICE PLAN CASE NUMBER: A•90(Shadow Brook Place) AREA: 34.40 acres LOCATION: On the south side of El Pasco Road and approximately five hundred(500) feet north of Ryan Road in Denton's extraterritorial jurisdiction (ETJ). It Is adjacent to the Estates of Forrestridge subdivision to the west, the Montecito subdivision to the north, and the Montecho Del Sur subdivision to the east. I Municipal services to the site described above shall be furnished by or on behalf of the City of Denton,Texas,at the following levels and in accordance with the following schedule: A. Police Protection 1. Police service, including patrolling, response to calls, and other routine functions, will be provided to the property on the effective date of the annexation using existing personnel and equipment. B. Fire Protection I. Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property on the effective date of the annexation using existing personnel and equipment, C. Solid Waste Collection 1. Solid waste collection service will be provided to the property on the effective date of the annexation using existing personnel and equipment. D. Water/Wastewater Facilities , f, Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be begin on the effective date of the annexation using existing personnel and equipment. E. Roads and Slreels 1, Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin on the effective date of the annexation using existing personnel and equipment. F. Parks and Recreation Facilities 1. Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in A r the area to be annexed will begin on the effective date of the annexation using existing personnel and equipment. However, there are no existing parks, playgrounds, skimming pools, and other recreational facilities in the area. 16. i r c� ANNEXATION SERVICE PLAN (A-90) a, Sbadow Brook Place G. Electric Facilities I. Electric utility service will be provided on the effective dale of the annexation using existing personnel and equipment. H. Library Services 1. Library services will be provided on the effective date of the annexation using existing personnel and rquipmsnt. 1. Code Enforcement,Building Inepectioss and Consumer Health Services I. Code enforcement, building inspections and consumer health services will be provided on the effective dale of the annexation using existing personnel and equipment. J. Planning and Development Services 1. Planning and development services will be provided on the effective date of the annexation using existing personnel and equipment. The Planning and Development Department cu'rently 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 priori0od according to the following guidelines: (1) Provision or Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing a specific facility or improvement. The annexed area will be considered for CIP improvements in the upcoming CIP plan. This Properly will be considered according to the established guidelines. ,, 17, t• r� ATTACHMENT 10 October 15, 1999 Members of the City Council City of Denton, Texas Re: Postponement of October 19, 1999 City Council Hearing Shadow Brook Place The annexation and zoning of the property owned by WBB&B Holdings,Ltd., dib!e SHADOW BROOK PLACE is presently scheduled to be presented to you for approval on Tuesday,October 19, 1999. Part of the property involved is situated in a flood plain,the west side ofwhlch Is planned as a green belt for the property owners in Shadow Brook Place. The original dam washed out years ego,and dry summers turn the flood plain area to marsh, weeds,debris,and a zero water lev:l In many places,which has been the condition this summer, Since the property owned by Shadow Brook Place was in the County of Denton,a county permit was obtained to de-silt the flood plain. Maps and meetings with the City of Denton helped establish the original topography of the flood plain Shadow Brook Place has endeavored to clean up the flood plain area within its boundaries,as well as replace"jungle"with a landscaped green belt. This green belt 14 felt to be an important amenity to the hmnes of Shadow Brook Place,and in light of the apprehension on the part of neighbors to the east,we have engaged an engineering firm to complete a study that will provide a computer model of the actual floodway under flood conditions. This study will provide the County with the information needed by the County Engineer,as requested,for specifications and approval of the flood plain area. It will also give the City of Denton a basis on which to evaluate the concerns of the neighbor; to the cast regarding the green belt area on Shadow Brook Place property, For these reasons we are hereby requesting a forty-five(43)day postponement of the hearing before the City Council scheduled for October 19, i999. Confirmation of this postponement by fix will be appreciated at your earliest convenience to 940.387.7131. Sincerely, .: '• _ �I 7 (i: "I ' SHADOW BROOK PLACE r r' A . OCT Is IN , Be erly Ste ens,Prea' ent 1e. �I Planning and Zoning Commission ATTACHMENT 11 August 25, 1999 9 Page 2 of 4 PUBLIC HEARING—COMP PLAN 6. Hold the first of two public hearings regarding the draft Denton Comp Plan. 'Discussion of item Is Included In Court Reporter's transcript attached to this set of minutes (Page 38 PUBLIC HEARING—ZONING CHANGE 6. Shadow Brook Place. 34.40 acres located on the south side of El Paseo Street and approximately five hundred(500) feet north of Ryan Road. a. Hold a public hearing and consider making a recommendation to the City Council regarding the voluntary annexation. (A-90) Motion by Perry McNeill and seconded by Salty Rishel to recommend approval to City Council. *Discussion of Item Is Included In Court Reporter's transcript attached to this set of minutes (Page 64). Motion carries 6.0. b. Hold a pubttc hearing and consider making a recommendation to the City Council regarding the zoning. The applicant is requesting a Single-family 16(SF-16)zoning district for the entire tract. It Is bounded by the Estates of Forrestridge subdivision 10 the west and the Monleclo Del Sur subdivision to the east. The proposal is to develop a single-family subdivision with a minimum tot size of 16,000 square feet. (Z 99-051, Shadow Brook Place, Wayne Reed) Motion by Salty Rishel and seconded by Elizabeth Gourdie to recommend approval to Cf y Council. 'Discussion of Item Is Included In Court Reporter's transcript attached to this set of minutes (Page 68). Motion carries 5.0. 7, Hold a public hearing and cor,slder making a recommends o o e y ouncil concerning the rezoning of 0.70 acres from a Commsrclal(C)zoning district to a Central Business (CB) zoning district. The property Is located on the north side of E. Oak Street between Austin Street and Oakland Street. The proposal Is to redevelop the site with a mix of residential,office and commercial uses. (Z-99-057,201.215 E. Oak Stnaet, Wayne Reed) Motion by ElizabeL i Gourdie and seconded by Softy Rubel to recommend approval to CRY Council. 'Discussion of Rem Is Included In Court Reporter's trrrtseript attached to this set of m'nules r (Page 88). i Motion earres 5.0. PI` 1' 8. Hold a public hearing and consider making a recommendation to City Council regarding the rezoning of a 0.45 acre site from in Agricultural(A)zoning district to an Office (0) zoning district. The property Is located at 103 Woodrow Lana,south of East McWnney, The purpose of the zoning change Is to 8110v f 5r the development of a professional office, (Z-99-058, 103 Woodrow,Thomas B.Gray) I i Cond,.roBeItn" Page 61 Page 63 1 gnphla that can show you how all those neighborhoods 1 Council mating that one of the Coocil member asked 2 could inter-react to each oiler Just like they do today. 1 mould you give us some examples of those. And I asked 3 M&oouttnte: that might be helpful because 3 that at the workshop and Mr.Donaldson said,well, 4 1 think we're all envisioning pile up, And I think to 4 Denton SO year Igo, Unfortunately,it Is 50 yms S dispel this fear that we all have sat to seeing Just one 3 later. We do have a Minimum mass transit but if we're 6 big neighborhood center down the road,I think a visual 6 trying to accomplish this mega-growth in smaller areas, 7 would be wonderful to belp us understand the situation. 7 we've got to take care of those people getting from B Ms.Mcam; 1'11 try to put something S place to plea with roads that aren't designed at 9 together for.you. 9 current levels for those on of transportation or 10 Ms.GoURDLE: 'thank you. 10 we'll to have pay for a new mass transit or expand a I I M0.ENGE LB RECtrn Other questions or 11 mass transit system. i 1 comments for staff? Let me ask,and I don't know•-was 12 I think those mixed use centers arc 13 there someone else here who had come up and requested to 13 wonderful. I don't we any reason why they can't be 14 speck? Mr, Reed,was there someone else who cause and 14 axomplished under your current Comprehensive Denton 15 requested to speak? Commissioners,it appears there was 15 Development Plan that you adopted,or that the City 16 someone else who came in,do you have any problem if we 16 adopted some years ago. With a planned unit development 17 open the public hearing and go ahead and take the 17 you can have all that and we how It looks and we how 18 comment onighO Okay. in that case,we're going to 18 it works before you make this radical departure from 19 reopen the public hearing. If you would please come up 19 your existing philosophy and regulations. 20 and give us yow name and address for the record and 20 1 Just know that 13 years ago a lot of 21 we'll go ahead and take your comments. 21 citizens spent a lot of time and gave a lot of thought 22 Ms.Dx ktN new thank you,Chairman 22 for that plan, And I'm not sure what we're trading for 23 Engclbrecht. I name Is Debra Dreevitch. My address is 23 and 1 think that there have been•-I'm real glad that 14 2221 Stonegate. I'm very sorry I cane in at the end. 24 Commissioner Cwurdie asked for some examples and some 23 I'm juggling a church meeting with this mating, And, 25 drawings and some real•Rfe places that we can go and Page 62 Page 64 1 In any evcn4 I want you to know that I attended the 1 see where dulls has waked before we trade in what••or 2 neighborhood mocting on the plan at Sam Houston,as well 2 we vote ••of you vote to trade in what we have fur this 3 as both community workshops and was very enthused to 3 better way of life. And 1'd be pleased to respond to 4 bear that the plan was going to address the quality,the 4 any questions, S quantity,the location, and the timing of growth in 3 M0.ENGELBRECHT.- Comunssloi cm :ray 6 Denton 6 questions? It appears not. 'Thank you, Since we did 7 As a parent of school children who if you 7 give you an opportunity,is there anyone else who has I have an opportunity to drive by any of the schools with 8 tome in and is present who would like to a"thIe__ 9 all the portables,you know the crisis situation that 9 draft Comprehensive Plan? In that cam,public8 10 exists with respect to the infrastructure and the lack 10 is closed. And we will move••actually,it Is 7:00 I h of it for our schools Other communities who arc 11 o'clock and if Commissionen have no other eonvnents with t2 grappling with this Issue have worked to manage and 12 and to this issue,we will break and return at 7:30. 13 control their gromb so that they are able to provide 14 fa those school children. 114 MA ENGELBRECHT: okay. Ladies and Is Unfortunately,this document that you're s genticnen,at this time if I could have your attention, 16 considering dace not provide for any of:ow methods 6 l will reconvene the mating and we'll move on o 0 manrgement of growth. Indeed,I respect Commission1 Agenda Item 6 this evening. We are now moving Into 1 I Moreno's questioning as far as%bat some of the other 8 the public hearings with regard o zoning changes 19 neighboring communities are locking at ts far as 9 portion of our Agenda. Item 6 is In two parts. A 20 densities in order o manage their growth so that they a Shadow Brook Place Is 34.4 acres located on the south r 21 can provide for 00 existing citiwns eml school 21 side of El Pasco Surat and approximately$00 tat north 22 children. 12, of Ryan Road, Item A is to hold a public hearing and 23 The concept of a neighbor••that mixed use 23 consider making a reanutendathon to the City Council 24 area that Commissioner 03urdie talked about is,indeed, 24 regarding voluntary annexation. f believe Mr, Reed Is 23 it very enticing one, l understand at last olght's III going to••at this time I'll open the public hearing. PLANNING do ZONING AUGUST 25, 1999 20. Page 61 • Page 64 i l: Cocdeomllr" Page 63 Page 61 I I believe Mr.Rood Is going to provide us with the staff I leeord,bueinew ad&m. 2 report 2 Ms. inpllENlt: 9ovcdy Stephens,420 F1 3 MIL REED. Thank you,Commissions ) P"m Street. We live right next to RNs property and 4 Engelbrecht,and good evening,Commissloners. At this 4 we we one of the tnveatorl that are developing the 3 tithe I'm going to past out a copy of additional ) ply, 6 responses that staff has received since the gaff 6 MR EN6El9RF Off: CommiselOOCM any 7 rem, 7 queaions? It appears riot 7bank you Is then anyone 9 MR.ENCELOUCHT: with regard to the It present who wuuhd IiPt to speak in favor of this 9 annexation? 9 annexation? Anyone present to speak In favor of the 10 MA REEu with regard to the roning. 10 annexation? I I Commissloner 1!ngclbrech4 would you repent yourscif to I 1 In that cow.is there anyone present to 12 mc,a I was meuing around with my folders,are we Just 12 speak In opposition to the annexatlon7 Anyone present 13 doing the public hearing now for the annexation? I) to speak In opposition of the annexation? suing no 14 MR.ENousa im This is lifted 7s two 14 opposition,we will waive rebuttal. 'Ike public hearing 15 separate public hearings so I simply rod A.to Auld o 11 is closed. Mr.Reed,any final staff remarks? We have 16 public hearing regarding voluntary annexation. 16 your staff recommendation here 17 ML REED. All right. the subject 34,4-acre 17 MR.REED: Th al's correct. Staff does I1 site is located in south fhmtm and is surrounded by I I rxomtnend approval or for six PRZ to twommend approval 19 existing neighborhoods, specifically the Foncftridge 19 to City Cotmcil of the voluntary annexation. 20 subdivision to the wort and the Montecito subdivision to 20 MR EN6El.awaT: All right- Any quc4lons 21 the cast. To the south of No property-•and first of 21 for staff,conutxntx,or a motlon? 22 ail,this property Is within a little enclave d the ETI 22 MR,MCNEIM I'll make a notion dial we 23 which Orciches north from Ryan Road In be(*=these 2) reeorrunend approval of A•90 finding that it's eormiml 24 two existing subdivisions that I've mentioned. 24 with the '11 Denton Plan,it's consistent with the 1991 2) Previously within the past six months,we've annexed two 25 tkoton Plw Policies and the Growth ManxgrmeDt from '99. Page 66 Page 61 1 properties to the south hue One was referred to as I I recommend &A••1 make to motion that we annex A-90 2 Thistle Hill and that was Annexation No 79. A previous 2 MIL 4USNEt- t WW4 3 one to that,Ryan Ranch,Annexation No 71, you can sec I MR.Exr,ajakam: It's boon owved and 4 on the vicinity map So this one is Just north of two 4 secon"to roaxnmend approval, Any dlsmsriciO If 3 tsar, S not,would you vote on the nwtion using our Uute 6 The annexation is consistent with uw City 6 electronic system bxe. And motion Is passed 1 polity of looki—r at property outside the City limits : 't+4flftM11Iy. which is cont`nus with out existing boundarks and a Okay. Item 60 thou Is to hotel a public 1 9 annexing it wthen tics elopment is proposed that Vtggul 9 heainng and con.ider making a recoouneodatim to die City 10 the annexation polity. I'd be happy to answer any 10 Council regarding die Boning. The applicant Is I1 questions. I t requesting s Singk-Family 16 Roofing 60M for the 12 cor uni ssioners,any 12 entire tract, It Is bounded by the Estatq of I) questions? Appears not. Thank you Mr.Pxed,Is the • I S Forranridge s"visloo to the wat mind the Mootaidw 14 City drc pct,uvrer In this use? 14 Dd Sur subdivisloo to the east. T be proposal is to t3 MA PuD No,this Is a volun'Ary is develop it sirylJefamty subdivision witb a miaimtun lot it annexatioe t6 ease of 16,000 square fed. Al this time I'll opca der 17 MR. LNULBPbt_'MT 9 rteot to the 1? public besrlag WA&A Mr. Recd t0 provl4e us witb a Is pet uum or p0jww's rcyrcseotrjve prcatshr7 If II staff new , 19 you would••would you are to ms)x Roy$=&AS with 19 M mi> Thank you. The requested rondog A t; 20 regard to the anncxatioo? H'e'll ate the Boning in s 20 for &s :4xn property 4 Siq&-Family 16*bid U f l \ 21 moment 21 coosiRew witb the neighborhoods wrrauodiog it. Some 22 Ms sttmKo, I rally don't have any 22 ,uf our polkks in Our Comprebeesive Plat talltad 23 retnJn J) tiredly b tx led d proteotiog taiatiog 24 MR Lmomb RI CM7 if I could interrupt you, 24 oelghborboods Arad one way to do duet Is with rtqut4 ?S if you could give us yw tame and addmu for the j25 to woe prowy 84 wool to existing oelghboboods is PLANNINO k ZONING AUGUST 25, 1999 21 Page 65 Page 68 i 3 u I I Conden.eUTM Page 69 Page 71 i 1 to apply similar zoning districts. So the applicants' t artacbed to It,but there are misting teigltbmboods , 2 request bem••is the overhead—thank you••Is to 2 where zoning reguistiotu probably allow,smaller to ) zone it similarly to the existing zooing districts. 'Ibe 1 sizes than the deed mstrktions do and the deed 1 applicants'request Is Identical to the Witting zoatng / restricticos are held le fete. Arid this by no mans,° S of the neyihbr cods around It. So,In effect,the S Invalidates the deaf rtxtrictiom. 6 property will deve'op with a minimum lot size of 16,000 6 MIL RISHEU noes not circumvent with ter•• 7 square feet wWcb I;consistent with the neighborhoods 7 Iiat.REED it does D& S around berc. a MA.ENCELDRECHT: I et me ask you,we have an 9 Zoning regulatinos,another form of 9 estate lot category,l believe. 1 can't the remember 10 mvActlon on lot size Is dad reatricdOft Ibex are 10 the title ex iWy. Is tilt not what it's called? I I private contracts between the property owners and--the 11 MR.DONALDSON: we bave a cross-secdoo for 12 original property owners and subsequent property owners, I2 *treat standards that we call an estate street In 11 Staff Is actually owme that the bottom one third of the 17 Order tb qualify to do an estate stroll you have to have 14 property,of the sito actually has deed restrictions 11 a nuntrnum one-acre lot site and a minimum of 100 lineal I S linuGng lot sizes to no leas than three-quarter. 1 15 fat of frontage. 16 jug thought 1'd provide that information to you. So in lb MR.ENGELDRECH7: My question then is in the 17 addition to zoning regulations,there are some deed 17 event that this is zoned SF-16 tod let's assume for a IS restrictions that will limit lot sizes here. 18 moment that some of it Is dood restricted to minimum of 19 I'd like to talk about the notification. 19 otwom lots,would they by right be able to build the 20 Staff mailed)) legal notices by certified mail to 20 estate-type street or beaux it's zoned spas,would 21 property awom within 200 fat and trailed another 118 21 they be required to put in that sr-16 type rroet7 22 courtesy letters to residents within 500 feet. As of 22 MR.DOKALDSON: No,that would be a function 23 the staff report I had received one response and it was 23 of the actual plat rather than the zoolag so they can 24 in opposition. As of today I've received four and they 21 always choose to plat lots tbat are grater than the 25 arc all in opposition, I did not have 1La map printout 23 toning, So if they carte in with the plat that had Page 70 Page 72 I with the addresses so I'm not sure exactly where m the I nothing but ate-erne hots adjacent to the streets awd 2 streets these properties are,but 1 did note that one 2 they had the minimum fmot.ye,they would be allowed to 2 was on Wellington Oaks Circle,two on Porrestridge ) use the es:ute section. s Drive,and one on Santiago Place, 1 MA ENGELBRECH7: Any other questions for 5 Again,the request for zoning Is consistent 5 stain 6 with the 1988 Denton Dcvelopnent Plan and the 1998 6 MR.RISHEU But the deed restrictions in 7 Denton Plan Policies and 1999 Growth Management Plan and 7 this case do tot specify a one-acre lot,they're more 8 Strategics and the drag land Use Man. I'd be happy to 8 like throe-quarters of an axe. 9 answer any questions. 9 MR.REED: •t71ta-quarter scare. 10 MA ENGEt.Mcirn commissioners,any 10 MR. ItISHEU so the estate plowing would I I questions for W. Reed? Mr. McNeill. I I not apply to that? 12 MIL MCNEILU The letters that you got In 12 MR.REED: Right. I opposition,were there any reasons why they were In 13 MR.mom Any other queations for It opposition? U staff? thank yea, W. Reed Is petitioner or I S MIL REED. No. In fact,there were no 13 petitioner's representative presmt? Do you ate to 16 comments written on those, 16 make any rAmment. If you would again give w your name 17 MIL MCNEILL Okay. Thank you. 17 and address for the record Is Mx v oEmECNT: Mr.Rod,In regard to the I8 MS.1tEFHENS: Severly Stephen, 120 El 19 deed restriction Issue,are we being Inconsistent by•• 19 Paw Street,and 1 would be glad to answer any 20 or is the applicant being Inconsistent In the sense of 20 questions. I did not send In it card to speak in favor. 21 requesting zoning which Is smaller than what dad 21 1 press I em give you a little bit of background 22 «strictions would allow7 22, imfonnotion hero. We do plan to-because we were 22 MR REED: No. 1 think you'd find that•• 2) planning larger lots,we asked for the Sir-is becate de 24 not common place,many Subdivisions are developed with 21 text zoning we would have to ask fa was the tali one 23 an original plat which may have some deed restrictions 125 acre. We plan to build a few home there tlursel set We PLANNINO alt ZONING AUGUST 25, 1999 22- Page 69 • Page 72 c, I _L Pw 7)Y PY}tF 7S ry 1 u r'wd JwNIL W4 / iA*WJvd!Igor, MW 4 r/tdrlpyvt iIt Arur I k4o+w'w wt u1 c;lUy p1A uy4 YJa1I Ewer j A'u!-0 W wt 11+t 14?141v df Al iuX V4 we A r 4WA,Im IAf Y i Illaw IAyu'/d W 41K 1 ww V i w4 dF ii 1 944 Micil LPY 4uw wyi < WeJKU04411wIwi0u11JY:WWi 1 w%d,tic 0:91FGrr4:t+iOc Vii WW u uJu yu uwr I u rvaa JV 4"or wuc tvw LOe 1 ? b WAiiii 9r fiuy rwJ J wa/,will yuy i iii iurw'f A Yu4u 1WaWw, »c lyrt IVUrtia tlW tu/4u-0y 4o tlat ! b J:w4z Yuly 1u,a1� Ylz Sc I�¢iaurlr,-0 yP yrxY W4 � I ar al+ I T r lu L Uclr Y Uuv yu vyA alr r+W,iiquul, i 7 VsA ty t iiIi il,is Jdi 400,tlw we uu ctiru fl d Jv.c a IJ4l�. bylvyµ r.y+uw ud P�-0A1xx jr ytµir gar 4L*u4 k Lr Oar Y LUA, CW J4: tau 4.41"fJJ 1iAi.x rcywtwiil Y to p,04J"4AA11 4r% 'IhW�k ywu A.rly 1 u )lu tlyyrw Y 1wJ M'w m• wwr W pW r 14 Cliwa >y fv 14 44--iIA) '1 k ji 44 7I W* ywv i u y a,dr L rtuyr Us il"pldw u J I4LLc4 Ww'A414, 11 Wit wW4 4 0a<rc rwyCill kwili riLQ w11+11!4 I+}u W I J wiu't C,Juyl W lx uwr Y Nxr W d wr6nW+ buy 1T tpxJ4'Ja frvur 4J,c4W p.AiV41(17 ili`A&i k4Cli W i 1 ycuy 1 JAL4.0 W W,") Willi 99l uy 1J "14 tioil CIV 11144 p iuu7 Y Ixa.n,;ykiur1ULA,♦14wrrwwF,aiiYAaly 14 luA lCiiy4uc,Ynliy,cpuyiu � it y+LU y Ncr l,A rA+c LI uv:I„lr 4i bad wdu 11x' I: aii >q A*V*AWA 14 uc pulil.+,117 yea,04 w yW it Iy AuIA j w a Yi 1JC All hi uw 1 Ni ji Ad !-0 'Vi ylc«y �i vt W you 4rur M 4 aJJ w 1v d c ! 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ILdt .�uu1y yuu+hll, k4J+Ilgt Iurlilcwtid I4Vi 04 11 �fA rr�su� 11y 4ui q+�r 11avw 1 WI r�(Iw4 jdciq __.___ 11 A11I11Nf1 A �.INi111n AIInI16 7 , 1999 T , Pop 71 r Pulp 76 i 4 Condenaelte'r Page 77 Page 79 1 was Involved at one time, They've been carrying dirt I MIL D*ElJIMXW-. Any questions for Mr. n 2 back them for nine months so the elevations 1{mow have 2 Clark? Yes,Ms.Gotrdle, 7 changed sins the original ones because of the amount of 2 MS.OOURML I just wanted to ay 1 agree a dirt back thereo a with you,it's aloe to know all the details. But we're s My objections to something may not eves s just cooing the land and befog that they explained 6 exist. I don't want a gated community because this is a 6 earlier that there's a deed metriction an£t,she can't 7 well-established community on Fartestridge on one side 7 In that are go below that three-quarters. I know what s and Montocito on the other. 1 want to be part of a you're saying. Another thing Is we have ordinances and 9 development but one thing 1 was concerned about her 9 we can't just make an ordinance come out of the air to t0 plat,this is the first time I saw it,was it looks like 10 ay you can zone It throcquarter acres. And so the I I to roe that some of the lots,the houses,the backs of l l problem is she was faced with our ordinance states, 12 the houses will be on El Pasco, They've now turned a 12 whicb is the Iaw,you can have 5F•I6,you can have w Is Street that has frontal houses with back houses. 1 Is acre,but we had nothing in between so she had to take la mean,this is more Information you don't know, It seems le which was closer to her opportunities to work with it 15 like you're having to vote on something without the is So it's kind like,the Planning and Zoning 16 Information. Is that true? I don't like the lot alae 16 Commission,we have to work with the law and the law 17 varying, if she wants thm-quarter of an acre,even 17 states that this is the zoning and we have to deal with is if you have to make a new one,grant three-quarters of IS what the law states. And that's what makes it difficult 19 an acre. If she wants a half,grant a half. I don't 19 for us,too. 20 l l t selling me throe-quarters and then building 16, 20 MR.CIARX: well, it's also very difficult 21 Just don't do it. Just pick one or the other. 21 because ••have y'all been down Fornstridge? Did you 22 The other thing,I do agree. 1 think we do need the 22 know the dad restrictions for Formstrielp says you 23 larger lots in the City of Denton, I think we reed our 21 can't Lave a stucco house? Were you aware of that? How 24 local builders building those, 1'd like to know if this N many stucco houses arc In Forrwridge? So dad 23 development is going to be Puite Custom Homes with your 25 restrictions an go boom like that. Page 78 Page 80 1 five choices and you get to pick the carpet and that I Mfr ENOELBAEctt7: well,I understand, A 2 makes it a custom homes or Is It going to be true custom 2 deed restriction Is an issue that the resident has to l s homes? Once again,not enough information. ) take up,not the City. a Another thing Is this,when you get hen, a MIL CLARX Right. So that's what I'm I when does the from people take over? After annexation? s saying But they're selling dad restrictions,but 6 Because we didn't arise to opposition for annexation. 6 you're only approving the zoning and there's a big 7 I've seen some developments,they take bulldozers and 7 variance, 1 don't like the big variances, a wipe out every stick of green earth and th>m's no a MA ENOELaftECer: Okay. Any other questions 9 tress. And the did mention there's a beautiful trot 9 for Mr,Clark? Thank you. Is them anyone else present 10 there. I ioncan,you need some variances there. So It's 10 who would like to speak in opposition? Anyone else I I hard to be in opposition or for when there's no I I present to speak in opposition? Yes,elf. If you would 12 Information 12 please give us your name and address for the record. 13 Other than we're going to build house here, If fart aAINEY, My name is Kemp Rainey at 211 14 We may do this. We way do this. We may do that. 1 14 Royal Oaks Place. And,ylaln,l questloa the term 15 think you need a plan,an established plan,then you 15 opposition but It rakes some quxtions and 1 know you 16 have something to deride on. 1 late making decisions 16 spoke about the deed restrictions,but that only aff" 17 for of against without the information, so does anybody I7 the bottom oqe-third of that property,as I recal l,and 18 know? Is it going to be a gated community? Is that in Is not the entire property. And we're concerted about the 19 the request? Are those houses going to face El Pasco? 19 entire property. If there is some concern about It, A' ' 20 MA ENOELDRECIft: YnOW arc••alnce you 20 sr-16 as!tmderatand It is a m£nlrnum 16,000 square foot 21 have come up in opposition,what that does is that 21 tat;is that correct? 22 trigger on opportunity for the petitioner to address 22. MR. ENOELBREMi 7bst's eortecl 21 those Issues in a few minutes as part of the process D MR.Rumi okay. T1re next one up Is the 24 MR ctaltxr okay. I just need more 24 estate lot, Can we go up •• why not go up to the estate 29 Information. 2S 1st as opposed to down to die Sr-la? I think when PLANNING do ZGNiNG AUGUST 25, 1999 2 Page 77 • Page 80 t, c CondeaaoIt'ar , Page gl Pegs 83 I you're talking about this area in here,in between the I MS.SrErHEM: Members or the Commission, 2 two areas that you're talking about,l don't we any I let me clear Op a few things. We do not plan this to be 3 reason to go down. I think we should go up. I Walt it 3 a gated community. W1at we fact will make it private is 4 should be incumbent upon us if we're to protect this 4 that it L nestled In between Fwreatridge,Mootecito ' s area to keep it at large lots and Dot be able to go down S Del Sur,homes on the back,and EI Paeeo Street across 6 to the mlnimutn. 6 the front. Then will be no speedway stmts in here. 7 TT1e other concerns,and I certainly 7 It will be a private neighborhood community or home 6 understand the law, but sortie of the green areas that a probably around 30 to 32 homes. 9 exist In these areas•.there is an incredible tree line 9 There will be no houses backing onto El t0 on the eastern side of that property that runs almost 10 Pasco. If r can find this again and get it up here I I the entire length of that property. Nothing's been said 11 our house it right here. Them is also a house right 12 about the tree line. You know,we talk about greenbelts 12 here. There is a lot right been that presently •-it 13 over on the east side but the west aide has a 13 did have our large horse barn on IL It presently does 14 magnificent tree line and that hasn't been addressed at m not. Itjust has the little office portion at the 13 all. I think part of what's happening right now in the is front. That lot faces forward to Et Paaco Stroa. The 16 City of Denton Is we're losing a lot of green areas in 16 lots that will be facing into this subdivision are the 17 certain areas and they are,to use W. Clark's 17 lots that are In the center here, l s expression,they're bulldozing down trees left and right is Let's see whet other points I might have 39 pretty well indiscriminately and I think it's incumbent 19 thought or. Yes,these will be true custom homes. 20 upon the Zoning Cotrunissioner,u well as the residents 20 These will not be homes that one builder or spec 21 there to try to protect some of these green areas. 21 builder••these will be custom home builders. Now, 23 My only concern is if we either have to go 22 I'm not saying they won't build a home for Pie In 23 down to SF-16 or up to estate lots, Let's go up to 23 there. But we plan to limp the living space 24 estates lots, if th rre is a way that we can protect 24 requirements at 3,400 to 3,500 square feet a we're 25 sortie of the green areas,let's protect them. 35 talking spacious homes on"low lots. Page 82 Page s4 � I MR.ENOELBRLCHT: Any questions? 1 And no tins will be removed. And when 1 2 MS.t70URDIS: I do have a question. 2 mentioned that there would have to be changes in this 3 Subdivisions do have to do the IS trees per acre, is 3 plan,it was because them Is a huge tree In a pasture 4 that correct? So they can't just •• well,they could 4 that I do not want to take down. All the tram along S but they'd be fined exorbitantly for taking down the $ Fwmtridge might be trimmed up or whatever. They will 6 trees,but it Is to their benefit to leave the minimum 6 not be ernaved. The trees that arc on the property 7 which Is 15 trees per acre. And that's just,again,the 7 right now will stay. We have tried to take out Willow B law, That is an ordinance that we do have in place, s trees,dead tins,brush,whatever to where the good 9 And as you said,it is trtlnimum,but it's a start. 9 mature Oaks and whatever•- I'm not a horticulturist but 10 MR. ENOELBRECHT: Mr. Rainey, do you live 10 them are some beautiful tins In there ••to where they I I within 200 foct7 11 will be able to keep growing,mate,3,and nuke a rally 12 Nix. RAINEY: 1'es, 1 do. 12 pm-ity park sea. At the time wr got in them to try to 13 MR,ENGELBRECHT: And your lot size is? 13 clan it out,we started at one end and urot to the 14 MR.R k NEY: I'm not exactly certain. It's 14 other just clearing brush because this Is 20 to 30 yeah is in the threc•c;uarters of an acre vicinity, 1 don't know 15 of growth that hasn't been touched. We were never even j Id the exact lot size on it. 16 able to ride a horse over them to see wbm the creek 17 MR.ENSELBRECH7: You were in•• what was 17 was bemuse it was to thick. And It will make a is you -- IN beautiful park area but we don't plan to take any of the r ' 19 MA.RmNLY: 211 Royal oaks Place. 19 big good tram out �._` ! 20 MR.ENaELBRECHT: Thank you,au, 1s them 20 And a far as someone saying we should go up 21 anyone else present who would like to speak in 21 to estale•siae lots as opposed to SF-14.that we would n opposition to this petition? Anyone else present to 22, be going down,we aren't going dove. BF•te Is 23 speak in opposition? Seeing no other opposition, 23 Formruidge, St.16 Is Mootecito Del Sur. 11%v arc at 24 petitioner has an opportunity for rebuttal at this time, 24 haV•sm lob,we are up. We are trot going down. The 25 if you to choose. 23 only carting we could apply for was the Ir-II Ltd still PLANNING & ZONING AUGUST 25, 1999 2 S. Page 81 •P,tie 84 t Condenselts" Page 85 page 87 1 stay within that size and the one-acre. I dunk that's I MIL REED That's correct. 2 it unless you have any otter questions. 2 hfs.OOURD3E: So the whole subdivision is S MIL ENOELBREM: Commissioners,are there S SF•t6 but the homes vary from SP•16 on up? 4 any Questions? 4 MR REF. That's right. . 3 MR.RISHEU It sounds like you're currently S MS.OOURDM- okay. Thant you for 6 bringing some fill in in some way,shape,or form. 6 clarifying that for me, 7 M9.STEPHENS: We had an excavator of 7 MR.ENGFI.BR£CHT: Other questions? Since s whatever that had some extra dirt and he said could we 8 that issue of the trees was brought up by Individuals 9 use it. And because in the back the pasture slopes off 9 who spoke,would you just briefly review for the to so much,we are contemplating putting-•hero again,we to audience the Landscape Ordinance as it relates to trees I I haven't engineered it,we haven't been to the City. I I on this particular piece of property,what will be is We're contemplating putting in a retaining wall along 12 required. 13 there to where we can level these lots and not have them 13 NIX REED First,during the platting 14 dumping off onto the&unbolt. 14 process at the preliminary plat stage,a tree Inventory Is MR. RLSHEL: Is part of this a floOdway or a 15 of existing tress on the site is required and that will I6 flood plain? 16 document their diameter,their specks, and their health 17 W.STEPHENS: The flood plain is below the 17 and general height. At the final plat stage in a 18 600-foot level, This would be above the 600-foot level. 18 residential development a site plan is not required but 19 This would be actual lots. 19 that is•-it plot plan Is required once a building 20 1.1R. IUsixu And none of the dirt yo. 20 permit is pulled for a specific lot. A property owner 21 brought in is above, is in the 600 kvcl. 21 has the right to remove any tree on their property if it 22 I-IS.STEPHENS: Is below, No,tee. 22 is of such a size that it is a monarch tree. It would 23 MR.ENOELBRECHT: Are there any other 23 have to be designated as such and the owner has the 24 questions for Ms. Stephens? Thank you. At this time 24 right to petition for it to be designated as such and 23 I'll close the public hearing. Mr. Reed,do you have is preserved. Page 86 Page 68 1 any final staff remarks? l So our landscape Code emphasim providing 2 FIR. REED: I suppose I'll Just bring this 2 13 tries per acre and gives Incentives towards 3 conversation bast to cenrer. Ail we're looking at here 3 prierving the trees but does not say tut you must 4 Is Iand use. The applicant showed a site plan which 1 4 preserve the tines. And,In short,that's our Landscape s have not soon be rare and 1 just want to make sure that s code. 6 the Commissioner$are aware that the applicant Is 6 Mlt Ls'GEr311tECHT: thank you. Any other 7 definitely not married to tut because she has yet toga 7 questions? Tbank you,Mr. Reed. Commissloeem any 6 to the City for planing, w the Commissioners should be 8 continents cc a motion? 9 aware of that. That plan will definitely be changed 9 MR.IUSHEU Motion. I'd like to move to 10 significantly with cnginocring requGsments and so 10 recommend approval of 2.99.031. 11 forth. And,of course,the applicant also said , l I eels.CAURDIEr second. 12 something about nee trees would be rcrnmid and I find 12 MIL ViGELBRI CHT: R's been moved and 13 that a dangerous sialement to be Wd, And rot any of 13 seconded to recommend approval. Any discussion on the 14 the Conunissiomhn to want to hold her to that because we 14 notion? I f have a Landscape Code. Sol Just wanted to mention Is Ms ooMtE: t Just want to say bow 16 that. We do recommend approval and it is again 16 fortunate y'all are to get SF-16 behind your backyards. 11 consistent with our 188 Iknton Ikvelopment plan,as well 17 1 commend the larger lot philosophy right now. Thank 18 as our Policies and Growth Management Strategies and Is you. I 19 draft Land Use Plan, 19 MR E;GEUILEC'HT: Any oter discussion? to , A !. 20 Tilt ENGUMCHT: Fla <leutdie. 20 that Case,vote please. Motion carries unanimously 21 Ms.0MIDIE1 I just want to clarify,Mr, 21 We will move on then to Agenda Item No,7, 22 Rainry%ain't sure about his lot size but you know the ;2 to hold a public bearing and consider making a 23 zoning In that area is sF•le and his home could be 23 recoeunettdatioo to City Council concerning the rswoing 24 really on a three quarter of on acre of acre,but the 24 of.1 acres from Commercial to Central Business 25 minlmum would have been SF-161 25 district. The property Is located on the north side of PLANNING&ZONING AUGUST 251 1999 26. Page 93• Page 81 G, AGENDA INFORMATION SHEET Agendal�o. Agenda Item *b i/ Data !I• /4-qf AGENDA DATE: November 16, 1999 I DEPARTMENT: Planning Department DCM: David Hill, 349.8314 SUBJECT — A-92 (Oakmont 11 Disannexation and Release of ETJ) Consider adoption of an ordinance to voluntarily disannex and release from the city's extraterritorial Jurisdiction approximately 2,1 acres located west of State School Road, north of its intersection with Robinson Road In the Oakmont 11 subdivision, and to provide an effective date. Second reading of the ordinance. BACKGROUND The cities of Denton and Corinth entered into a memorandum of agreement(MOA) regarding the adjustment of boundaries between the two cities in the Oakmont ID area. The area within the Oakmont 11 subdivision is generally located north of Robinson Road and west of State School Road. I To accomplish the proposed boundary adjust sent,areas of both Denton and Corinth must first be disannexed and released from their respective extraterritorial jurisdictions. C4.ie this is accomplished, the areas can be annexed and zoned by the cities according to the criteria outlined in the MOA. The disannexmion and annexation processes required two public hearings,conducted September 7 and September 21. This first reading of the disannexation ordinance on October 12 preceded the publishing of the ordinance in the Denton Record-Chronicle, The second and final reading of the ordinance allows Corinth to proceed with annexation of this property, The MOA states that zoning requirements of the annexed property will not change the current status of the development. Within Denton,the Oakmont II area Is within a conditioned One-Family Dwelling(SF-7(eJ)zone district. The only condition of the underlying zoning relates to a required landscape buffer along the proposed route of FM 2499, Within Corinth,the adjacent zoning is within a Planned Development with comparable single-family residential requirements. OPTIONS Approval of the MOA committed the city to proceed with the proposed boundary adjustment. RECOMMENDATION r The Planning and Zoning Commission recommended approval of the proposed disannexation and ! r ` C release of the city's ETJ so that the property may be annexed by Corinth, i 4 PRIOR ACi'!ON J REVIEW(Counotl_Boardl Commissions) • Memorandum of Agreement between Corinth and Denton was approved by City Council in February, 1999. ■ First public hearing was conducted September 7. 1999. 0 Second public hearing was conducted September 21, 1999. ■ The Planning and Zoning Commission recommended approval of the pmposed disannexation and release of ETJ at its September 22, 1999 meeting. 0 First reading of the ordinance by City Council was on October 12, 1999. a Ordinance was published In the Denton Record-Chronicle on October 17, 1999. FISCAL INFORMATION The adjustment of area between the two cities is about equal. Efficiencies in the delivery of utilities and emergency services should result in cost savings for both cities. ATTACHMENTS 1. Location Map. 2. Site Map. 3. Dreg Ordinance. 4. Schedule. Respectful) submitted; Doug Po e Director of Planning and Development , Prepared bt y } 1'l I Mark Donaldson Assistant Director, Planning and Development 2. 1 0 ATTACHMENT 1 r LOCATION HAP C�'Bar�Y- Orr * 00 WIN �'. rr t�..+.r�•n t,n.,.vt 1 •.nll,.,��.y 0'.,n Y 5r.rr,4.•. 5Y^.•�. I ' n c. i' ATTACNr!ENT 2 .. , Oakmont !I ••`SI f.+ • ; , ,y , �,1 4. 1. r ,l •Y•• �♦ "t, '1,11 d• .� , •' yJ,v , .err },,,{ •r r., � ' ' r'N;'Sq"•,, Disannexation from Denton AP owl .t'Sfl,rfi�' ail 'a ti' l. { +' iS' 1 . . d. 1` .�~ ,,� S '.' i .• �}"4%' .. . tits�'1ii. �• ( 5 s• �r ,� ,S. '( 1 •. i, • , , rl. • +'•! 4 •,+,�! • r S •.i �"1 . 11 ♦ S'•..,.5�,i'r� `Il}• , ') � •( I' , .. . �' i. •a•r l .4'�.r' 'Y: . i"j. •�� :•j:'{ t' ..h '�: :1• 1 .. , r� S 1 s t• �• A ATTACHMENT 3 ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DISANNEXINO AND RELEASING FROM THE CITY'S EXTRATERRITORIAL JURISDICTION A TRACT COMPRISING 2.107 ACRES, LOCATED WEST OF STATE SCHOOL ROAD NORTH OF ITS INTERSECTION WITH ROBINSON ROAD IN THE OAKMONT 11 SUBDIVISION; AND DECLARING AN EFFECTIVE DATE (A•92). WHEREAS, pursuant to Section 43.141 of the Texas Local Government Code, home rule cities are authorized to disannex an area within the city according to piles provided by the municipal charter,and WHEREAS,pursuant to Section 43.021 of the Texas Local Government Code,home rule cities are authorized to fix their boundaries anit exchange areas with other municipalities; and WHEREAS, pursuant to Section 42.023 of the Texas Local Government Code, the ETJ of a municipality may not be reduced unless the goveming body gives its written consent by ordinance or resolution; and WHEREAS, the City of Denton and the City of Corinth entered into a Memorandum of Agreement (MOA), attached as Exhibit A, with regard to the adjustment of city boundaries between the two cities on February 4, 1999;and WHEREAS,the subject property is beyond the effective utility and service delivery area for Cityof Denton municipal services; and WHEREAS, pursuant to said MOA, the City of Denton wishes to disannex and release from the city's extraterritorial jurisdiction a 2.107 sere tract currently within its City limits line as described in Exhibit A of the MOA so that it may be annexed by the City of Corinth; and WHEREAS, public hearings were held in the Council Chambers on September 7, 1999, and September 21, 1999, to allow all interested persons to state their views and present evidence bearing upon this disannexation and release of extraterritodai jurisdiction;and WHEREAS, this o.,iinance has been published in full one time in the official newspaper of the City of Denton after disannexatlon proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter;NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, r, SECTION 1. That the City of Benton hereby disannexes and releases and relinquishes in 11 , favor of the City of Corinth the tract of land described in Exhibit A of the Memorandum of Agreement, attached hereto and Incorporated by reference, so that the City of Corinth may Institute annexation proceedings with respect to&rid stew' 5. U �� w4u�nwwx+.vaonn,a�a-�..ar.r...tioer.ir�.r =ON 2- That the City's official map is amended to show the disannexation of the subject property and its release from the city's extraterritorial jurisdiction. SECTION 1. Should any pat of this ordinance be held illegal for any reason, the holding shall not afT'ect the remaining portion of this ordinance. SECTION 4. That this ordinance shall become effective immediately'upon its passage and approval PASSED AND APPROVED this the day of 1999. JACK MILLER,MAYOR _ ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY BY: AA� Ems, Page 2 6. t it r �^ EMBIT 'A' STATE OF TEXAS COUNTY OF DENTON ¢ 4 MEMO A „ D '>ax OF AO pFti.�.t. �.i This Memorandum of Agreement("Agreement')Is entered into as of the 4th day of February, 1999, between the City of Denton, Texas ("Denton'), a Texas home rule municipality and the City of Corinth, Texas ("Corinth'), a city organized under the general laws of the State of Texas, and is to witness the following: WHEREAS, Denton and Corinth are adjacent municipalities which desire to make mutually agreeable changes In their boundaries of areas that are less than 1,000 feet In width;and WHEREAS, it appears that the existing city limits lines between DAton and Corinth bisect a number of residential lots In a subdivision of Denton County known as Oakmont 11;and WHEREAS, It is the desire of Denton and Corinth to disannex and annex the tracts described herein to establish a Joint city limits line between'the two cities that would not split any lots in the Oakmont 11 Subdivision and would basically run along property lines as shown by the maps attached hereto as an exhibit;and WHEREAS, the owner of Oakmont tt has expressed its Intent to the governing bodies of both cities that such needed adjustment would be beneficial to the development of the subdivision and generally to the economic sell-being of both cities;and WHEREAS, both Denton and Corinth deem such agreement to be beneficial to the public Interest and to enhance the future growth and development of both tides;Now, Therefore, In consideration of the premises and of the agreements contained herein, Denton and Corinth agree as follows: 1. DISANNEXATION AND RELEASE OF XTRATFoRUORTAr MISDICIM J,,U Denton agrees that It will disannex and waive extraterrit9dal Jurtsdictlon ovet the 2.107 acre tract of land described In Exhibit "A", attached herejo and made part hereof for all purposes, in the manner provided by Chapter 43 of the Texas Local 0ovemment A , Code and the Denton City Charter. ( �;- Pgel 191!! 7, c i M2 Corinth agrees that it Will disanrax and waive extraterritoria! Jurisdiction over tracts of 1,469 acres and 0,83 acres respectively, described in Exhibits 'B" and "C", attached hereto and made part hereof for all purpoa 43 of the Texas Local Oovernment Code, a, to the manner provided by Chapter 1.43 Upon the disannexation and waiver of extraterritorial jurisdiction by Denton and Corinth as provided in Sections 1,01 and 1.02 above, the boundaries 'of Denton and Corinth shall be adjusted accordingly, subject to the annexation actions by each contemplated In Section N. 11. Ai31iE2CATT4i�, Corinth agrees that it will proceed in the manner authorized by law to annex the property described In Exhibit "A". Denton agrees that it will proceed in the manner provided by law to annex the property described In Exhibits "B" and "C", The parties understand and agree that the existing city limits and the proposed city limits are fairly and accurately depicted on the annexation exhibit prepared by USA Professional Services Oroup,Inc., dated May, 1998,attached hereto as Exhibit"Wand made part hereof for all f purposes. i 111. 2 M NQ AND P AIS Both cities recognize that all property that is subject to Oils Agreement may carry temporary zoning classifications under the applicable ordinance and be subject to the platting requirements of the city whkh will annex such property, The panics understand that the Oakmont subdivision Is basically the same In both cities and the appropriate zoning and platting requirements should not change the current status of the development. IV. CHARA BREACH The parties agree that this Agreement is entered Into only for the disannexation and annexation of the tracts described herein and Is not an Interlocal cooperation agreement for the Joint performance of any services by the parties. Failure of either City to perform the terms of this Agreement shall coastitute a breach hereof,and the aggrieved City may file suit in a court of competent of jurisdiction to enforce the proVlslots of thls Agreement, Including recovery Of court costs and attorney's fees, r � Page 2 19!!! 8. 4 t+ 'i y` 3, V. 'f The parties agree that the legislative sots to be performed hereunder will be coordinated between them so as to be performed simultaneously, or as close thereto as possible,consistent with applicable law; ' VI. SEVERABILITY If any provision of this Agreerr ent Is held to be illegal, Invalid or unenforceable, the legality, validity or enforceability e(the remaining provisions of thf•Agreement shall not be affected and shall remain In M force and effect. In witness whereof, Dentin and Corinth, acting under the authority of their respective govenilng bodies, have caused this Agreement to be executed In duplicate originals as of the d;to first written above. CITY OF DENTON.TEXAS CITY OF CORINTH,TEXAS BY: ' BY: 1 0 YOR 1 Tt ATTES ' I r. E TARY CITY SECRETARY APPROVED AS TO FORM: 'IROVIED AS TO �0 , CITY ATTORNEY,• Hr.,, Or %Jtj CITY Y (rld/sb 11.1798) s A ' Pace 1 H1!! 9. Moftbit "A" DEANNEXATION FROM THE t♦1,7EC1 qOF FE�NaMOT Acres ; May' Iego BEING a tract of ' perCit of land ton, din the Stephen Hembrie Survey, Abstract � Number 643, In the City of Denton, Denton County, Texas, and being tract of land conveyed to Lennox Oats 11, L.P. b D the of l eed recorded cord Property Records of Denton County, Texas, Donlon County CIWWI File Number. . and being mom par8culsdy described as follows: COMMENCING at a Poirot at the Interjection of the East line of State School Road (a 60 foot wide rlpht-O way) with the South line of Mdden Oaks (a 75 foci wide fight of-way), said point also being f>w Northymit comer of Lot 20, Black 12 of Oakmont Estates—Section One as recorded in Cabinet F', Pape 38 of the Map Records of Denton County, Texas; THENCE South 16.44'00' East along the East fine of said State School Road, e distance of 144.28 fast to a point for comer, THENCE South 74416100' West departing the East line of sold State S Road, a distance of 344.00 feet to the POINT OP BEGINNING;� � THENCE North 16144'00"West a distance of 725,16 feet to a point for corner, THENCE North 87'01'65* East a distance of 119.97 (*&1 10 a ni for Pd comer, THENCE North 69.31'13' East a distance of 81.43 feet to a point for comer, THENCE North 74016'00' East a distance of 82,70 feet to a point forcomer, THENCE South 04'1220" West a distance of 7694' feet to the POINT OF BEGINNING and containing 91,797 square feet or 2.107 acres of land, more or less. lip so. i I c; I i I Exhibit "E" .a . ANN1UY1oN TO THE CITY OR DENTON, TEXAS ' 64,006 Square Feet 0;'1.409 Acres May, 199A BEING a tract or parcel of land altusted in the Levi Young SUNeY, Abstract Number 1451, in the City of Denton, Denton County, Texas, and being part of a tract of land conveyed to Lennox Oaks ft, L.P. by Deed recorded in the Real Property Records of Donlon County, Texas, Denton County Clerks File Number, and being more particularly described a follows: COMMENCING at a point at the interseWon of the East line of State School Road (a 60 foot wide fight-0f-mY) with the South line of Hidden Oaks (a 75 foot wide right-of-way), said point also being the Northwest corder of Lot 20, Block 12 of Oakmont Estates—Section One as recorded In Cabinet F. Page 33 of the Map Records of Denton County, Texas; THENCE South 15'44'00' East along the East line of said State School Road, a distance of 144.28 feet to a point for corner, THENCE South 74.16'00' West departing the East line of sold State School Road, a distance of 344.00 feet to the POiNT OF BEGINNING; THENCE South 15.44'00'East a distance of 387.85 feet to a point for comer, THENCE South 38.24'50" East a distance o(84,72 feet to a point for comer, THENCE South 08 129'39'East a estanco of 57.69 feet to a point for comer, , THENCE South 61.35'10'West a disLince of 274.93 feet to a point for comer; THENCE North 04'12'20' East a distance of 869,38 feet to the POINT OF BEGINNING and containing 64,008 square feet or 1.469 acres of land, more or less. 11. c. c, i Lxbibit "C" 1k. I ANNEXATION TO THE j CITY OF OENTON,TM8 3,1116 Square Feet or.083 Acres May, 1998 BEING a trsct or parcel of land eltuatad In the Levi Young Survey, Abstract Number 1451, In the City of Donlon, Donlon County, Takes, and being part of a tract of land conveyed to Lennox Oak& Il, L.P. by Deed recorded In the Real Property Records of Denton County,Texas, Denton County Clerk's File Number, and being more particularly described as follows: COMMENCING at a point at the intersection of ths, zest line of State School Road (a 60 foot wide right-0f-Way) with the South line of Hidden Oaks (a 75 foot wide rlghtofway), sold point also being the Northwest comer of Lot 20, Block 12 of Oakmont Esteies—8vXon One as recorded in Cabinet F, Page 38 of the Map Records of Denton County, Texas; THENCE South 74.16'00"West a distance of 60,00 feet to a point for comer in the West line of sold State School Rood; THENCE North 15.44'00"West along the West line of sold State School Road, a distance of 150.06 feet to a point for comer, THENCE North 11047'00' West continuing along the West line of said State Road, a distance of 345.77 feet to the POINT OF BEGINNING; THENCE South 74116'00" West departing the West line of said State School Road, a distance of 48.70 feet to a point for comer, THENCE North 04'12'20" East a distance of 121,30 feet to a point for comer; , THENCE North 87601'55' East a distance of 15.36 feet to a point for comer in the West line of said State School Road; THENCE South 11.47'004 East along the West line of sold State School Road, a distance of 110.90 feet to the POINT OF BEGINNING and containing 3,618 square feet or 0.083 acres of land, more or less, 4 I A. rl✓ � ' 12. k 4' 4 1 � i • 11`1 11 r�Ar�r• Q,1•,,'1�I;1 fi ��: �' •�! �•,r .� ' • • •1•i.� � • r .� • � I '� :'�� "i ' , i :n♦h._u� I 1 i rte ' , H . . .M.Y • i'�• 1. � Y rl ', • t 1 •1 .� 1 !r L r,, ail' i � ` • I' 1r . I I . • 1 '1 � 1 r I 1 L7QIEI7' wd W.9 C•I I«f • • 1 • I u t• Attachment 4 Schedule Disannexation JAnnexatlon Zoning Planning and Zoning Commlaalon Public Hearing Public Has ring u b ea September 22 September 22 Sep+amber 22 CI Council Public ear ng Pubic Hearing#I September 7 (ember 7 Public Hearing Public Hearing September 21 September 21 First Reading First Reading October 12 October 12 SPECIAL CALL SPECIAL CALL Second Reading Second Reading Pubic earinQ! on November 18 December 7 December 7 , i r 11. r• AGENDA INFORMATION SHEET A,endaNa. ____9q-6 sl Agenda ham � / � � t• Dave r f• Jb• 1►� AGENDA DATE: November 16, 1999 DEPARTMENT: Planning Department DCM: David Hill, 349-8314 SUBJECT — A•93 (Oakmont IV Disannexation and Release of ETJ) Consider adoption of an ordiname to voluntarily disannex and release from the city's extraterritorial Jurisdiction approximately 16.3 acres located south of Robinson Road In the Oakmont IV subdivision,and to pr(vi& ap effective date. Second reading of the ordinance. BACKGROUND The cities of Denton and Corinth entered into a memorandum of agreement(MOA) regarding the adjustment of boundaries between the two cities in the Oakmont IV area The area within the Oakmont IV subdivision is generally located south of Robinson Road in the Oakmont Country Club area. To accomplish the proposed boundary adjustment,areas of both Denton and Corinth must fwd be diumexed and released from their respective extraterritorial jurisdictions. Once this is accomplished,the areas can be annexed and zoned by the cities according to the criteria outlined in the MOA. The disannexation and annexation processes required two public hearings, conducted September 7 and September 21. This first reading of the disannexation ordinance on October 12 preceded the publishing of the ordinance in the Denton Record-Chronicle. The second and final reading of the ordinance allows Corinth to proceed with annexation of this property. The MOA states that Z::ting requirements of the annexed property will not change the current statue of the development. Within Denton,the Oakmont 1V area Is within a planned development(PD•111) zone district, Within Corinth, the adjacent zoning is within a planned development with comparable singlc•fa.nily residential requirements. S?PILQ,Y' S ' Approval of the MOA committed the city to proceed with the proposed boundary adjustment. RECOMMENDATION The Planning and Zoning Commission recommended approval of the proposed disannexation and ��;,` a release of the city's ETJ so that the property may be annexed by Corinth. i I. I r' V 4 f r M PRIOR ACTION I REVIEW(Couaell. Boards.Commissional • Memorandum of Agreement between Corinth and Denton was approved by City Council in May, I999. v First public hearing was conducted September 7, 1999. a Second public hearing was conducted September 21, 1999. • The Planning and Zoning Commission recommended approval of the proposed disannexation,and release of ET)at its September 22, 1999 meeting. ■ First reading of the ordinance by City Council was October 12, 1999. a Ordinance was published in the Denton Record-Chronicle on October 17, 1999. FISCAL INFORMATION The adjustment of area between the two cities is about equal. Efficiencies in the delivery of utilities and emergency services should result in cost aavings for both cities. ATTACHMENTS L Location Map. 2. Site Map. 3. Draft Ordinance. 4. Schedule. Respectfull ,su ' td. Doug Po 1 , Director of Planning and Development Prepared by, I Mark Donaldson Assistant Director,Planning and Development A, i C I 2. 4 G � u 1 ATTACHMENT 1 i LOCATION MAP • e caer;' I ft.No L-7 , r; 1 . l; t1..a,.y,±r f�a..•f l'1'-.anl�.r:..n� •,r i'1�in..1,.' .h.b.. • , � 3• J� I c •e R. MIAMI L-0 Ei It 11.1 1 �aar°o Vol 1` 1I r .^ } r 1 40, VA AIR � � ��� n�� •pare � IZ�, r� '1 •I�-'r11 �rrirlfrt :: �►►rt�tX,AI o�iy�a c . I JNNmDD'fi0[A O�rp�w.,p0�r�IY���, ATTACHMENT 3 k 1 ORDINANCE NO. i AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DISANNEXING AND RELEASING FROM THE CITY'S EXTRATERRITORIAL JURISDICTION TWO TRACTS COMPRISING 16.312 ACRES, LOCATED SOUTH OF ROBINSON ROAD IN THE OAKMONT IV SUBDIVISION;AND DECLARING AN EFFECTIVE DATE(A-93). WHEREAS,pursuant to Section 43.142 of the Texas Local Government Code,home rule cities are authorized to disannex an area within the city according to rules provided by the municipal charter; and WHEREAS,pursuant to Section 43.021 of the Texas Local Government Code,home rule cities are authorized to fix their boundaries and exchange areas with other municipalities; and WHEREAS, pursuant to Section 42.023 of the Texas Local Government Code, the extraterritorialjurgdiction ofa municipality may not be reduced unless tha governing body gives its written consent by ordinance or resolution; and WHEREAS, the City of Denton and the City of Corinth entered into it Memorandum of Agreement (MOA), attached as Exhibit A, with regard to the adjustment of city boundaries between the two cities on May 6, 1999;and WHEREAS, the subject property is beyond the effective utility and service delivery area for City of Denton municipal services;and WHEREAS, pursuant to said MOA, the City of Denton wishes to disannex and release from the city's extraterritorial jurisdiction two tracts coin prising 16.312 acres currently within its City limits line as described in Exhibits B and C of the ?AOA so that it may be annexed by the City of Corinth;and WHEREAS, public hearings were held in the Council Chambers on September 7, 1999, and September 21, 1999,to allow all interested persons to state their views and present evidence bearing upon this disannexation and release of extraterritorial jurisdiction; and WHEREAS,this ordinance has been published in full one time in the official newspaper of the City of Denton after disaanexation proceedings were instituted and 30 days prior to City Council taking final action,as required by City Charter,NOW, THEREFORE, I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS., +, i SECTION 1, That the City of Denton hereby disamexes and releases and relinquishes In t , favor of the City of Corinth the tract of land described in Exhibits B and C of the Memorandum of Agreement, attached hereto and incorporated by reference, so that the City of Corinth may institute annexation proceedings with respect to said area. 5. f fr 1 ` O SECTION 2, That the City's official map is amended to show the disannexation of the subject property and its release from the city's extraterritorial Jurisdiction. ,SON 3. Should any part of this ordinance be held illegal fo.any reason,the holding shall not affect the remaining portion of this ordinance. SECTION 4. 'that this ordinance shall become effective immediately'upon its passage and approval PASSED AND APPROVED this the day of_ 1999, i JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: �d Gl 1 Page 2 6. C i EXHIBIT A. A STATE OF TEXAS $ COUNTY OF DENTON $ MEMORANDUM OF AO F ham*; This Memorandum of Agreement("Agreement')is entered into as of the 6th day 1 of_ x ems_ 1999,between the City of Denton,Texas("Denton'), a Texas home rule municipality and the City of Corinth, Texas ("Corinth'), a city organized under the general laws of the State of Texas, and Is to witness the following: I WHEREAS,Denton and Corinth are adjacent municipalities which desire to make mutually agreeable changes In their boundaries of areas that are less than 1,000 feet in width;and WHEREAS, it appears that the existing city limits lines between Denton and Corinth split a subdivision of Denton County known as Oakmont IV;and WHEREAS, it is the desire of Denton and Corinth to disannex and annex the tracts described herein to establish a joint city limits line between the two cities that will enhance the development of Oakmont IV subdivision in each city and be as shown by the maps attached hereto as exhibits;and WHEREAS, the owner of Oakmont IV has expressed its intent to the governing bodies of both cities that such needed adjustment would be beneficial to the development of the subdivision and generally to the economic well-being of both cities;and WHEREAS, both Denton and Corinth deem such agreement to be beneficial to , the public interest and to enhance the future growth and development of both cities;Now, Therefore, In consideration of the premises and of the agreements contained herein, Denton and Corinth agree as follows: DISANNEXATION AND RELEASE[1P EXTo eTERRITORIAI .,,.,.SDIC..ION N AL J V Rl0 Ull,1 rUtr 1.01 Corinth agrees that it will disannex and waive extraterritorial jurisdiction over the 17.172 acre tract of land described in Exhibit 'W, attached hgfeto and made part hereof for all purposes, in the manner provided by Chapter 43 of the Texas Local Government � Code. Al IM Denton agrees that it will dimnnex and waive extraterritorial jurisdiction over tracts of 10.603 acres and 5,709 acres respectively,described in Exhibits"B"and"C", attached Page I 1933! 7. t a ! hereto and made part hereof for all purposes,in the manner provided : Texas Local Government Code. by Chapter 43 of the 1M Upon the disannexation and waiver of extraterritorial jurisdiction by the cities as provided In Sections 1.01 and 1.02 above,the boundaries of Denton.and Corinth shat! be adjusted eccordirrgly, subject to the annexation actions by each contemplated in Section IL U. Denton agrees that it will proceed in the manner authorized by law to annex the Property described in Exhibit"A", Corinth agrees that it will proceed In the manner provided by law to annex the property described in Exhibits"B"and"C"attached hereto. Ill. 7�QN1ZlO--�� Both cities recognize that all property that is subject to this Agreement May carry tempng re zoning classifications under the applicable ordinance and be subject to the platting requirements of the city which will annex such property. The parties understand that the Oakmont subdivision Is basically the same In both cities.and the appro priate zoning and platting requirements should not change the current status of the development Iv. The parties agree that this Agreement is entered Into only for the disannexation and annexation of the tracts described herein and Is not an interlocal cooperation agreement for the Joint performance of Any services by the parties. Failure of either City to perform the terms of this Agreement shall constitute a breach hereof,and the Aggrigved City may file suit in a court of competent of jurisdiction to enforce the provisions of this Agreement, including recovery of court costs and attorney's fees. Pq#2 !9!S! l). S° �j P� 1c, The parties agree that the legislative acts to be performed hereunder will be coordinated between them so as to be performed simultaneously or as close thereto as possible,consistent with applicable law, VI. SEVERABILITY 1 If any provision of this Agreement Is held to be illegal, Invalid or unenforceable, the legality, validity or enforceability of the remaining provisions of this Agreement shall not be affected and shall remain In full force and effect. In witness whereof, Denton and Corinth, acting under the authority of their respective governing bodies, have caused this Agreement to be executed in duplicate originals as of the date first written above, 1 CITY OF DENTON,TEXAS CITY OF CORIM,TEXAS BY: BY: 0 R MAYOR 5T: ATTEST. EC ARY CITYSECRETARY APPROVED AS TO FORM; ROVED AS F [TY ATTORNEY CITY ATTORNEY (rld/4-23.99) r Page 14)35 9. ti a EXHIBIT A LWAL DUCRIPTION TRACT 1 JTa 10 ACHE/ BEE40 a tract of bad alatabd k Ac Gary Merduud 8nrwy,Abstract Nutnba 100,Donlon County,Taw and being a iart6a of the had or bed rbatwly dessribad by deed to Timb"Ter so Mwded to County Cledu thing Number 9S•RIM150 and blag moee Particularly described by males and Wuads Y Billows: COMMENCINO at am nod ac Aaly Dwlhwsd comer of said Tlmbugtm Company erect laid point beidl In the WA right-0Lway line of Robbuea Road(an MY itighFof wayp, THENCR S 03'3516"W,14S1.81"10 tM POINT OF SEOINNWO. THENCE S 160SS29"E,155.17 fat; THENCE N S9-31-31"E,79.49 fwi to The beginning o f a curve to the fight; THENCE with said curve to Ae dghr,through a central angle of 08'11'43',having a radius of 270.00 fat,the long shod ofwhich bean S It 10416"E. 41.48 fat,an are distance of4133 feel; THENCE N 13'23'28"E,183.73 fed; THENCE S 07'31.31'W.46.39 feet; THENCE S 06'3612"E,733.13 W. THENCE S 32.35.03"W,280.98 fat; THENCE 07'14.55"W,394.58 feet; THENCE S 03'49'09'E,583.42 fed to a point in the City Limit line between The Myer Denton and the City orcorink. THENCE N IS044.40"W,365,72 fed along said City Limit tine; THENCE N 03.06.13"E,1883.13 fat along sold City Limh line to the POINT OF SEOINNINO , and containing 745,290 square feet or 17.110 acres of land mote or less. i I r 1 CAS fob No. 911 727b 14 , SN70Of February Ill,IM _ l JORWI172714SLM%WP%E010001.OUT ��' Pegs I of 1 10. c G { EXHIBIT A L9:OA9.DSSCR1mON TRACT 2 A063 ACRD sE1No a tract orlad sitwt:d 1n IM A.N.$arm Slimy.Al dad Number 1191,Denton Coady,Texas and bdnl a portion of that tract of land knwely duaibed by deed to Timbeglen a naordcd In County age"Piling Numbet 95-R00799SO and WS maa partieulady deun'bed by meta and bounds u rollowa•. COMMENCINO at the mot norowiy nonhwat coma o rtoW Timbegten Company tract utd point being In the wmh a 01-cf way line of Robinson Road(ad My RiSbio(wayr TH ENCE S 03'33'36'W,I4S 1.11 W. THENCE S 03'06.13"W, 1893.13 key THENCE S 134440"2,363.72 feet' THENCE S 03'49'04'E,3.36 feel to the POINT OF BEGINNING sold Patel being on die City Limit Ene between the City of Denton and the city erCodnth; THENCE S 02-4I'SO'W,39013 feet depa inl told City Limit line; THENCE S 82.1759'W,14.37 feel retuminit to add City Umil line; "THENCE N 040411`42^E,383.09 reel sionl sold d City Limit fine to the POINT OF BEGINNINO and containin;2,687 square feet or am acres ortand mare or less. r 1 i UB M No. 981727014 ' S1'XXX Fabrutty Is.1909 7: OVS111727t41gl1RIMEMMI.OUT Fast I of I il. t- r c. ° I s1c•1 :rc Na11�373�'C ealr 41.4) 11.270.Do' L•41.52' 1-20.69, L.C.•SIL•04'2i'E • Al.41' f n 17.110 ACRES . ._ 11011 wf�.iar.•i. V m v tir.M R` �yine xo yy 1so ge a Zn F r s y O ' N E! � 3� 4Y��Iri I b r 2 EXHIBIT A 0 300 500 SDD 44 ca1111'a rtro MAC11 Of L•M1 E i GRAPHIC SCALE 4 } 11ty�tdC�lto 0.06!.ACRES — " FEEL I Cal'wo C•112 24My Srrt.NO. omw►e rM �.� o2slorxo Not 12. a+t4xen X11 G G • { EXHINT B 1 li LIMAL DFACRJMON " 10.103 ACRD BEB2O a tract of land dtuded in 040".Sono Bury.Abetted Number 1191,Gedon Counly.Team end being a portion*raw Out of lad formerly described by deed to TInAwSlen u recorded(n County Ciaie Filing Numbs 9f 1tD079950 and Bing roue patkutarly described by will and bounds m follows! COMMENCINO at the moat southerly wutheml comer of said Timb"ton Company lmd; THENCE N 16'2VS8"W,J799.70 fast; THENCE N 01'30'20"W,171.24 feet THENCE N O343531'E,643.98 fed to the POINT OF BEGINNING sold point being on the City Umit line between the City of Denton and the City of Corinth; THENCE N 80'I5'38"W,342,08 fed departing sold City Limit line; THENCE N I I'06'46'W,301 A2 feel; THENCE N 09.58-23'W,109.41 Tech , THENCE N 1 I'04'33'E,95.57 feet; THENCE N 46.32IS'E.102.34 feet; THENCE N 14.16130 C 214.60 fat; THENCE N 11'30130"E,286.00 fed; THENCE S 84'34'O8"E,487.63 feel Wu mint to sold City Limit line; THENCE S 04.51'43"W,114.96 feet along slid City Lleh lint:to the POINT OF BEGINNINO And containing 461,887 square feel or 10.603 lefts of land more or less. r CAB Job No. 981727014 •, , So= February 11,1999 J:VOB1981727141SUJt1MIG MIOUT PASO l of l 13. I c ;N NN 'y, pi a` Co i A■� � Q N 4 T m_m 3 N411T10'224"M Nor �4"E ° 9 Q.8roy Conit" Crrr LIM"S $081496 . 6, o m q4n a o x 0 d + z o 0 EXHisit, B r AN EXHIBIT OF 10.603 ACRES Z OFA AND CTTUATEO IN THr BEAAY MERCHANT SURYEY, � Nl►�iEo .000, OENTON COUNTY, 1CXA5 cwtN'aft=1 GATI 2a7-1f fIR.NO, CAM S W_ MWN TM . i. DIfiONIO 1 aU01) PII r ' c EXHIBIT 0 LEGAL D=St IUMON ' 5110!ACRD BHINO a trod of land situated In tbs A.N.Seems Sueay,Abdrsd Number 1191,Denton County,Tsxu NJ Wng a Portion of"tru!of lend Ibrmaly described by dad to lr6buglsa as escorded In a uaty Clsrira Filing Number 9S•R.0079930 and Na;MM Pudeularly described by uulso and bwWs as follow: COMMENCtNO at the most authaly southaat comer of add*Tlmbsuglen Company 4act; THENCE Nld'2V$S'W,17".70feet; THENCE N 01'30'30'W,17114 fat to the POIN r OF BEOINNINO said polnl being on the City Umil line between the City of Denton and the City of Codndr; ' THENCE N 15•42'20'W,724.69 feel along said City Llmil line; THENCE N 04-1740-S,22631 feel departing sold City Unit line; THENCE N 77'49'41'$78.01 fed; THENCE N 63'46'03'8,293.39 feet; r THENCE 313.34'04"E,318.31 feet returning to said City Limit lime; THENCE S 03440'SS'W,17A.27 feet along 1414 City limit line to the POINT OF BEOINNINo and containing 246,69/square feet or 5.709 acres of land more or lea. r °Af C&B)obNo. 981727014 •. . soxxx March 10, 1999 WOB1961727141JIM P4.E010003.0Vt Aage I of I 15. I } , ,e ,, 1 : 3 , — I w av`rr urns CIre LINIrS � F Y -.go.v.- g a r z o° rn� rn -t • m Ale It m m Ym' u N m 0 N R W If 36'20"M y M 2 ' 4 '� Sx 0001v crrr urlrS •2 0,91NM cr%r c1Mfr R �i Corkva an 24EN sm.B � �c DAAriN Ou*M GICKM IL I I i I Attachment 4 Schedule nisannexation Annexatlon Toning Planning and Zoning Commission Public H ea ng Public earing Public Hearing € sop! 22 Se tember 22 September 22 CftY Council Pubic earing Public Hearing N 1 September 7 September 7 Public Hearing Public ea ng #2 September 21 September 21 First Reading First Reading October 12 October 12 SPECIAL CALL SPECIAL CALL Second Reading Second Reading Public Hearin Action November 16 December 7 December 7 I I I ` 'i� c i 17. t I ApMl61 AO as 11-16-qq AGENDA INFORMATION SHEET AGENDA DATE: November 16, 1999 DEPARTMENT: Economic Development Department ACM: David Hill,Assistant City Manager for Development Setvic SUBJECT Hold a public hearing to consider designating a certain area within the John Davis Survey,Abstract 326, James Perry Survey,Abstract 1040,and Eugene Puchalski Survey, Abstract 996,being approximately 100 acres near Airport Road and Precision Drive and being more fully described in the notice of public hearing as Reinvestment Zone 11 for commercial/industrial tax abatement purposes. Interested persons are invited to present evidence for or against the designation of the rein;estment zone,the boundaries of the proposed reinvestment zone, whether all or part of the territory described should be included in the proposed reinvestment zone,and the concept of tax abatement, BACKGROL ND City Council directed staff to prepare an ordinance establishing a reinvestment zone for tax abatement for Peterbilt Motors Company. The reinvestment zone identifies the , physical boundaries for the area where tax abatement may be considered. The City of Denton Tar Abatement Policy requires that a public hearing be held at the time the City Council considers the establishment of a reinvestment zone. At the June 22, 1999 Council meeting, Council directed staff to bring back a tax abatement agreement between the City of Denton and Peterbilt Motors Company for 25 percent for five years. At that time,staff Informed Council that In order for the Denton Independent School District and County to be able to enter into tax abatement agreements at different percentage rates, a portion of the Extra-Territorial Jurisdiction(ETJ)must be included within the physical boundaries of the reinvestment zone. Effective September 1. 1999, this is no longer a requirement. Therefore, the amended boundaries of the reinvestment zone include only the Peterbilt Motors Company property. ESTIMATED SCHEDULE OF PROJECT Approval of this ordinance will allow staff to complete the tax abatement agreement bet"cen the City and Peterbilt Motors Company. PRIOR ACTION EVI .W A, , City Council reviewed the Peterbilt Motors Company tax abatement application at their June 22, 1999 meeting and directed staff to prepare a tax abatement agreement. t l i C, c. i FISCAL INFORMATION � I � None. EXHIBITS Attachment A—Public Hearing Notice Attachment B—Map of Reinvestment Zone Attachment C—Ordinance i Ii Respectfully submitted: . f Linda Ratliff, Director Economic Development Department t i ►��fry � � .z. t. i ATTACHMENT A NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN THAT 'xHE CITY COUNCIL OF THE CITY OF DENTON, TEXAS WILL HOLD A PUBLIC HEARING TO ALLOW INTERESTED PERSONS TO SPEAK AND PRESENT EVIDENCE FOR OR AGAINST I THE ESTABLISHMENT OF REINVESTMENT ZONE 11 FOR COMMERCIAL AND 4 INDUSTRIAL TAX ABATEMENT PURPOSES. THE PURPOSE OF THE ZONE IS TO ATTRACT THE PETERBILT MOTORS COMPANY PROJECT AND SIMILAR INDUSTRIAL AND COMMERCIAL BUSINESS ENTERPRISES TO INE CITY OF DENTON, CREATE JOBS, EXPAND THE LOCAL TAX BASE, AND TO ATTRACT MAJOR INVESTMENT IN THE ZONE THAT WOULD BE A BENEFIT TO THE PROPERTY AND THAT WOULD CONTRIBUTE TO THE ECONOMIC DEVELOPMENT OF THE CITY. THE PROPOSE OF THE HEARING WILL BE TO DETERMINE WHETHER THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND INCLUDED IN THE , ZONE AND TO THE CITY AFTER EXPIRATION OF THE TAX ABATEMENT AGREEMENT UNDER CHAPTER 312 OF THE TAX CODE. ALL INTERESTED PARTIES, INCLUDING RESIDENTS OF THE PROPOSED ZONE, ARE ENCOURAGED TO PRESENT THEIR VIEWS AT THE HEARING, THE PUBLIC HEARING WILL BE HELD ON NOVEMBER 16, 1999 AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS AT CITY HALL AT 213 EAST MCKINNEY STREET,DENTON,TEXAS. i� A ` REINVESTMENT ZONE 11 WILL BE COMPOSED OF APPROXIMATELY 100 ACRES OF LAND OUT OF THE JOHN DAVIS SURVEY, ABSTRACT 326, JAMES A3 c i I a. PERRY SURVEY, ABSTRACT 1040, AND EUGENE PUCHALSKI SURVEY, ABSTRACT 996, DENTON COUNTY, TEXAS, THE REINVESTMENT ZONE IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE JOHN DAVIS SURVEY, ABSTRACT NO. 326, THE JAMES PERRY SURVEY, ABSTRACT NO. 1040, AND THE EUGENE PUCHALSKI SURVEY, ABSTRACT N0, 996, DENTON COUNTY, TEXAS, AND BEING ALL OF LOT 1, BLOCK A, PETERBILT ADDITION, AN ADDITION TO THE CITY AND COUNTY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET H, PACE 195 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND DESCRIBED IN A DEED TO SUDERMAN AND YOUNG TOWING COMPANY, INC.,AS RECORDED IN VOLUME 12719 PAGE 759 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: , BEGINNING AT THE SOUTHWEST CORNER OF SAID PETERBILT ADDITION, ON THE NORTH RIGHT-OF-WAY OF F.M. ROAD 1515 (AIRPORT ROAD), SAME BEING THE SOUTHEAST CORNER OF LOT It BLOCK I OF WESTPARK, AN ADDITION TO THE CITY AND COUNTY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET C, PAGE 127 OF THE PLAT RECORDS OF DENTON COUNTY,TEXAS; A, � r THENCE NORTH 010 29' 40" EAST WITH THE WEST LINE OF SAID PETERBILT ADDITION AND THE EAST LINE OF SAID WESTPARK, A DISTANCE Page 2 A4 OF 2075.19 FEET TO A POINT FOR CORNER AT THE NORTHWEST CORNER OF SAID PETERBILT ADDITION AND THE NORTHEAST CORNER OF SAID WESTPAM SAME BEING ON THE SOUTH LINE OF SAID SUDERMAN AND YOUNG TOWING COMPANY,INC., TRACT; THENCE NORTH 010 30' 25" EAST, A DISTANCE OF 508.10 FEET TO A POINT FOR CORNER; THENCE SOUTH 884 30' 20" EAST, A DISTANCE OF 1678.31 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE WITH SAID CURVE TO THE RIGHT,HAVING A CENTRAL ANGLE OF 900 00' 31", A RADIUS OF 40.00 FEET, AN ARC LENGTH OF 62.89 FEET, A CHORD WHICH SEARS SOUTH 430 30' 04" EAST, A DISTANCE OF$6.62 FEET TO A POINT FOR CORNER; THENCE SOUTH ON 29' 20" WEST, A DISTANCE OF 468.06 FEET TO A POINT FOR CORNER AT THE NORTHEAST CORNER OF SAID PETERBILT ADDITION, ON THE SOUTH LINE OF SAID SUDERMAN AND YOUNG TOWING COMPANY, INC.,TRACT; THENCE SOUTH 010 29' 40" WEST WITH THE EAST LINE OF SAID PETERBILT ADDITION AND THE WEST RIGHT-OF-WAY OF PRECISION DRIVE, A DISTANCE OF 952.13 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE LEFT; J THENCE WITH THE WEST RIGHT-OF-WAY OF PRECISION DRIVE AND J A. v THE EAST LINE OF SAID PETERBILT ADDITION WITH SAID CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 410 40' 001',A RADIUS OF 397.82,AN ARC Page 3 AS r i c i I LENGTH OF 189.30, A CHORD WHICH BEARS SOUTH 19. 20' 20" EAST A DISTANCE OF 282.97 FEET TO A POINT FOR CORNER; THENCE SOUTH 40° 10' 20" EAST WITH THE EAST LINE OF SAID PETERBILT ADDITION AND THE WEST RIGHT-OF-WAY OF PRECISION DRI1'E, A DISTANCE OF 41.60 FEET TO A POINT FOR CORNER AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY OF F.M. ROAD 1515 AND THE WEST RIGH C-OF- WAY OF PRECISION DRIVE, SAME BEING THE SOUTHEAST CORNER OF SAID PETERBILT ADDITION,AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE WITH THE NORTH RIGHT-OF-WAY OF F.M. ROAD 1515 AND SAID CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 27° 38' 04", A RADIUS OF 617.96 FEET, AN ARC LENGTH OF 298.03 FEET, A CHORD WHICH BEARS SOUTH 326 50' 01" WEST A DISTANCE OF 295.17 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE SOUTH 190 01' 00" WEST WITH THE SOUTH LINE OF SAID ' PETERBILT ADDITION AND THE NORTH RIGHT-OF-WAY OF F.M. ROAD 1515, A DISTANCE OF 207.60 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE WITH THE NORTH RIGHT-OF-WAY OF F.M.ROAD 1513 AND THE SOUTH LINE OF SAID PETERBILT ADDITION, WITH SAID CURVE TO THE i RIGHT, HAVING A CENTRAL ANGLE OF 724 03' 00", A RADIUS OF $27.96 FEET, AN ARC LENGTH OF 663.92 FEET AND A CHORD WHICH BEARS SOUTH 55° 02' r A: c 30" WEST A DISTANCE OF 621.03 FEET TO A POINT FOR CORNER; Page 4 A6 i G, THENCE NORTH 880 56' 00" WEST WITH THE SOUTH LINE OF SAID PETERBILT ADDITION AND THE NORTH RIGHT-OF-WAY OF F.M. ROAD I513,A DISTANCE OF 1131.28 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 100.04 ACRES OF LAND. �:a.Pw...Mww�.w.,lry,..11,.awdMrr{.M i Page 5 A7 i TTACHMENT B • o ' ,. ❑ C t Q O ' 0 I I EIRT r e ' , 1 a inn a 0 U I UUUU l `I e g � e 0 0 j o nor II e BB 1 i t ATTACHMENT C ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS DESIGNATING A CERTAIN AREA WITHIN THE CITY LIMITS OF DENTON AS REINVESTMENT ZONE NO. lI FOR COMMERCIAIJINDUSTRIAL TAX ABATEMENT; ESTABLISHING THE BOUNDARIES OF SUCH ZONE; MAKING FINDINGS REQUIRED IN ACCORDANCE WITH CHAPTERS 311 AND 312 OF THE TEXAS TAX CODE; ORDAINING OTHER MATTERS RELATING THERETO; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas ("City" or "Municipality') desires to promote the development or redevelopment of a certain contiguous geographic area within its corporate city limits and its jurisdiction by the creation of a reinvestment zone for commercial/industrial tax abatement,as authorized by Tex. Tax Code Ch. 312 (referred to as the "Property Redevelopment and Tax Abatement Act"or the "Act');and WHEREAS, an industry known as Peterbilt Motors Company has requested tax abate- ment to build improvements within the area to be designated as Reinvestment Zone 11; and WHEREAS, the City Council desires to create a proper economic and social environment to ind.ice investment of private resources and productive business enterprises in this area of t'+e City,which meets the c iteria established under ¢312.202 of the Act, and to expand primary em- ployment or to attract major investment; and WHEREAS, by resolution dated October 19, 1999, a public hearing before the City Council was called,set, and held at 1:00 p.m. on November 16, 1999 in the City Council Cham- bers of the City of Denton at 213 East McKinney Street in the City of Denton, such date being at Ieast seven days after the date of publication of notice of such public hearing and the receipt of written notices of such public hearing by the presiding officer of each taxing unit that incl jdzs in its boundaries real property that is to be included in the proposed reinvestment zone, in accor- dance with §312.201 of the Act; and WHEREAS, such public hearing was held before the consideration and adoption of this ordinance;and WHEREAS, the City, at that hearing, invited any interested citizen or his representative to appear and offer testimony or evidence for or against the creation of the reinvestment zone, he boundaries of the proposed reinvestment zone,whether all or pad of the territory described in he notice calling the public hearing rhould be included In the proposed reinvestment zone, and the concept of tax abatement; and ��, WHEREAS, in accordance with such public notice, all owners of property within the f 1 proposed reinvestment zone and all other taxing units and other interested persons were given the opportunity at such public hearing to protest the creation of the proposed reinvestment zone or ` the inclusion of their property in such reinvestment zone;and C9 t J .,HEREAS, on the 27`" day of January, 1998, on or before the holding of the above- mentioned public heart-g,the City Council passed a resolution establishing guidelines and trite• ria governing tax abatement agreements and stating the, the City of Denton elects to become eli- gible to participate in tax abatement, in accordance with Tex, Tax Code §312.002, and such tax abatement policy is now in effect and was in effect prior to the public hearing; and WHEREAS,at the public hearing p:ponents and opponents of the reinvestment zone of• fered evidence in favor and against all matters relating to the creation of the reinvestment zone, ' and, after hearing this testimony and evidence, the City Council deems it in the public interest to create this reinvestment zone;NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: =TION 1: That the facts and recitations contained in the preamble of this ordinance are hereby found and declared to ba true and correct. SEC.T10N 2; That for the purposes of this ordinance, the following learns and phrases shall have the following meanings ascribed to them: A, Improvements —Improvements shall Include, for the purpose of establishing eligibility under the Act, any activity at the location, including, but not limited u, new construction, recon- struction, renovation and repairs. R. Taxable Real Property — Taxable real property shall be as defined in the rexas Property Tax Code and shall not fi,:lude personal property as defined in the Code. C. Base Year — The base year for determining increased value shall be the taxable real property andlor tangible personal property located on the real property value assessed the year in which the Tax Abatement Agreement is executed. SECTION 3: That the City, through its City Council, after conducting the above• mentioned public hearing and having heard such evidence and testimony, makes the following findings and determinations based on the evidence and testimony p.esented to it: A. That the public hearing on the adoption of the reinvestment zone has been properly called, held, and conducted ir, accordance with 4312.201 of the Act and all other applicable laws, and that notice of such hearing has been published as required by law and meifed to the pre siding officer of the governing body of each taxing unit that includes In its boundaries real property that is to be included in the proposed reinvestment zone as required by law; and i B. That prior to holding the public hearing, the City has adopted, by resolution, the guidelines A and criteria govemfng tax abat:•anent agreements by adopting a City of Denton Tax Abate- ment Policy and the City has elected to participate in tax abatement;and C. That the City had jurisdiction to hold and conduct the public hearing on the creation of the proposed the reinvestment zone, pursuant to chapter 312 of the Act; and Page 2 CID t: i R i D. That the boundaries of the reinvestment zone shall be the area described in the metes and bounds description attached hereto as Exhibit "A" and as shown on the diagram as the area outlined In red attached hereto as Exhibit 'B" and being approximately 100 acres near Air- port Road and Interstate 35W in the corporate limits of the City of Denton, Texas, such Ex- hibits"A" and "B" being Incorporated and made a part of this ordinance as if written word for word herein;and E. That the creation of the reinvestment zone for commercial/industrial tax abawment with the improvements expected to be developed by Pcierbilt Motors Company would be of benefit to the City and to the land to be included in the zone, with the boundaries as described in Ex- hibit"A," alter the expiration of the tax abatement agreement entered into under §312.204 of the Act,and the improvements sought are feasible and practical; and F. That the reinvestment Tone as defined in Exhibit "A" and shown on Exhibit "B" meets the I criteria for the creation of a reinvestment zone, as set forth in §312,202 of the Act, since it is, "reasonably likely, as a result of the designation, to contribute to the retention or expansion of primary employment or to attract major investment in the zone that woul,l be a benefit to the property and that would contribute to the economic development of the Municipality;" and G. That the reinvestment zone as defined in Exhibit "A" and shown on Exhibit "B" meets the criteria for the creation of a reinvestment zone as set forth in the Denton Policy for Tax Abatement and the expected improvements in the boundaries of the zone are expected to en- hance significantly the value of all taxable real property located within the reinvestment zone. Si:c T1QN 4: 'Chat pursuant to §312,201 of the Act, the City, through its City Council, I hereby creates a reinvestment zone for commerciallindustrial tax abatement encompassing only the area described by the metes and bounds description in Exhibit "A" attached hereto and as shown on Exhibit "B"attached hereto and such reinvestment zone is hereby designated and shall hcrcinaller be designated as Reinvestment Zone No. it,City of Denton,Texas. SECTION SS: That Reinvestment Zone No. It shall be effective as of lanuary, 1, 2000, and shall terminate five years from that date,on December 31,2005, unless earlier terminated by action of the City Council or extended in accordance with §312.203 of the Act. �N fi That to be eligible for tax abatement,a commercial/indusirial project shall; A. Ile located wholly within the zone established herein; lit A w Meet the requirements of the Denton Tax Abatement Policy; C. Not include property that is owned or leased by a member of the City Council of the City of Denton, or by a member of the Planning & 'Zoning Commission; Page 3 C11 1 t Ih- k i D, Conform to the requirements of the City's zoning ordinance and all other applicable laws and regulations; and f E. Have and maintain all land located within the designated zone, appraised at market value for tax purposes, i SECTION 7: That written tax abatement Agreements with property owners located within the zone shall provide the terms regarding duration of exemption and share of taxable real property and/or tangible personal property located on the real property for taxation as approved hereunder, as shown below: A. Duration of exemption from two years to ten years depending on the value of the structure and personal property in accordance with the Denton Tax Abatement Policy, beginning with and including January 1,2000; and B. Share of taxes abated—25%of taxes on the total value of appraised improvements which are added, provided, however, nothing herein shall prevent any other taxing unit that includes In its boundaries real property that is included in the reinvestment zone from entering into a tax abatement agreement with it different share of taxes abated on the total value of appraised improvements which are added, in accordance with the requirements of chapter 312 of the Act. SECTION g: That any written agreements authorized under this ordinance mast include provisions foe A, Listing the kind,number, and location of all proposed improvements of the property; B, Access to and authorizing the inspection of the property by municipal employees to ensure that the improvements or repairs are made in accordance with the specifications and condi• lions of the agreements; C. Limiting the uses of the properly, consistent with the general purpose of encouraging devel. opment or redevelopment of the tone during the period that property trot exemptions are In effecl; D, Recapturing of properly tau revenues lost as a result of the Agreement if the owner of the property fails to make the improvements or repairs as provided by the agreement; E, Containing each term agreed to by the owner of the property; F. Requiring the owner of the property to certify annually to the governing body of each taxing (/;- unit that the owner is In compliance with each applicable term of the agreement; G. Providing that the governing body of the municipality may cancel or modify the agreement if the property owner fails to comply with the agreement; ' Page 4 C12 f t. Ft. Provide that the owner of the property enter into a long-tern agreement of not less than five years in duration to receive its electrical utility service from Denton Municipal Electric;and I. Contain any additional terms and conditions which the City Council deems are necessary, in accordance with §312.205 of the Act, and that are negotiated with the owner of the property. Provided, however, nothing herein shall prevent other taxing units, who include in their boundaries real property within the reinvestm-nt zone, from negotiating terms and conditions that are different from any municipal tax abatement agreement, so long as the mandatory terms and conditions required by §312.205 of the Act are Included. SECTION 9: That the City Council further directs and designates the City Manager and the Director of Economic Development as liaisons for communication with regard to all matters pertaining to the Zone, Including, without limitation, the development of the amendment of the current Denton Tax Abatement Policy if necessary, the negotiation of tax abatement agreements with industries,commercial enterprises, and otherbusinesses eligible for tax abatement under the Tax Abatement Policy and for communication with other taxing entities and the Joint Tax Abatement Committee. SECTION l0: That all ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict, ECTION t L That if any section, paragraph, cl osse, or provision in this ordinance, or application thereof to any person or circumstance is held invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause,or provision shall not affect any of the re- maining portions of this ordinance, SECTION 12; It is hereby found, determined, and declared that a sufficient written no- tice of the date, place, hour, and subject of the meeting of the City Council at which this ordi• nance was adopted was posted and placed and conveniently accessible at all times to the general public at the City Hall of the City for the time required by law, preceding this meeting, as re- qui°ed by the Open Meetings Act, Tex. Gov't Code Ch. 551, and that this meeting was open to the public as required by law at all times dtmng which this ordinance and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further rati- fies, approve&, and confirms such written notice and contents posting thereof. The City Council further finds that a quorum was present at such meeting. SECTION 13: That the contents of the notice of public hearing, which hearing was held before the City Council and before the passage of this ordinance on November 2, 1999, the pub- lication of said notice is hereby ratified, approved,and confirmed. A , SECTION 14: That - 's ordinance shall become effective Immediately upon its passage and approval. Page 5 C13 to c 4, PASSED AND APPROVED this the day of , IM. JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L.PIROUTY,CITY ATTORNEY BY:�"zll l 1 f •� 1 1WNgrlClh Doem�rA�Mwr/MMmMM lMAd � . Page 6 C14 Apetttlo Na. 9'Q AQeada Itom_ AGENDA INFORMATION SHEET Date /I AGENDA DATES November 10h, 1999 DEPARTMENT: Planning& Development D partment CN1/DCM/ACM: Dave [fill,349-8314 K 80 Continue .t public hearing from October 19th, 1999 and consider adoption of an ordinance of the City of Denton. Texas adopting the comprehensive plan as an official policy document intended to guide fulure community growth and development decision-making as authorized by Chapter 219 of the Texas Local Clovemmcnt Code and the Charter of the City of Denton: providing for repeal of all ordinances in conflict herewith; providing a severability clause; providing a savings clause; and providing an effeclke date. B CISCROUND A third draft comprehensive plan public hearing was held on October 19th, 1999,and was continued b� i Council to November 16th. In ttie interim, Council conducted draft. Plan work sessions on October 26 and November 91h, and decided to extend the review process to December 7th, 1999. As per Council direction, the public hearing will 1% opened on November 16th and continued to lkcember 7`h. Any persons interested in making comments regarding the draft Plan are invited to speak on November 16'h, although the draft Plan is undergoing significant revisions. Council will not consider adoption of the comprehensive plan until December 7th, 1999. Council Members last reviewed the draft Plan on November 9th, and made several revisions that are not yet available for public review, Major changes that will be reflected in the revised Plan include: 1• the average density in new residential areas will he 3 dwelling units per gross acre, instead of 4 dwelling units per gross acre; 2. the 1.35W regional mixed use center will be extended to facilitate the creation of a "corporate corridor"from the Crawford Road exit to the Ponder Road exit; 3. The draft Plan will be reformatted as necessary to improve its legal sufficiency;and 4. An interim ordinance will be prepared to provide development review criteria that will be used between the time of comprehensive Ilan adoption and the adoption of a new development code. During a special called meeting on November 15'h, 1999, Council members will review a draft schedule devised to adopt the draft Plan aid an interim ordinance. Results of Council's review and approval w ili tae summarized ut the Novct•tber 10h public hearing, Correspondence from the Denton Indepcudeot School was received on November le, 1999. It is f � attached for Council's rcvfew as Exhibit A. I c. ' I�I I I OPTIONF L Open the public hearing and continue it to December Th. 2. Make further revisions and change the review schedule scion November 13'6, RECOMMENDATION The public hearing should be opened on November 16`h and continued to December 7'h, at"hich time adoption of the plan and interim ordinance will also be considered. City Council has indicated that adoption of the comprehensive plan %ill not take place on November 10. Interesled citizens wanting more information regarding ongoing Plan revision should contact the Planning & Development Department at 349.9330. E$JIMATEU PROJECT SCHEDULE November I5'h City Council Special Called Meeting: Approval of Revised Revicw Schedule November 16`^ Continuation of October 10 Public Hearing December 7'h Continuation of November 16`h Public I learing& Consideration of Adoption of the Comprehensive Plan December 7'h Joint City Council/P&Z public hearing and consideration of an Interim Development Standards Ordinance PRIOR ACTION/RVVIE."' Date tall Ir1-L!191 Drell Comprehensive Plan Review c v February 2P ('it), Council Review: Introduction, Population Forecasts, & Growth Stanagement Strategy C'haptcrs March 30'h City Council Rcview: Dnfrastructure Chapters(Transportation.Water, Vv'astewater, Slormaatcr Drainage, Solid Waste, 1:1wric Utilities) April k3`h City Council Revicw: Parks & Open Space, Urban Design, "The Street",& "I he Edge"Chapters April 27'h City Council Review: Historic Preservation. Public Facilities,& Iiconomic Divei sifcation Chapters ' Stay I I'h City Council Revicw: Environmental Management& Public Involvement Chapters May 21" C'ily Council Retreat Review: Land Use Chapters (Residential, Commercial / Retail,Civic / Institutional, Industrial.Special Districts), Recommended D and Use Tian. Implcmentetion Strategy, "Maintenance/Enforcement",& School Districts Chapters � hinc 2_nJ City Council Release of draft Comprehensive Plan for public review Approval of Public In%ohemcnl Schedule June 23'J P&Y. Review Session(during Regular Sleeting) July 141h P&/, Rcvicw Session(during Regular Steeling) A July 1l"` P&-Z Review Session(Special Called Mccling) %�, July 26'h P0tic Aleeting - Denton High School July 28`h P&,Z Rcvicw Session(during Regular Meeting) July 29'h Public Mccling- Center for Visual Arts August 2nd Public Steeling- Wilson Elementary 2 i i t t; i j August 30 Public Meeting—Borman Elementary August 0 Public Meeting—Sam Houston Elementary August l Vd P&Z Review Session (during Regular Meeting) August 12'h Public Meetin6—MLK Recreation Center August 14i' Public Workshop—Calhoun Middle School August 230' First P&Z Public Hearing September 7'" First City Council Public Hearing September go' Second P&Z Public Hearing: P&Z Commissioners forwarded several concerns to City Council, declining to make a recommendation to City Council until revisions are made,by a unanimous vote September 14'h City Council Revisions Work Session September 21" Second City Council Public Hearing September 22nd P&Z Public Hearing October 4'h Joint City Council — DISD board Meeting to discuss"Schools'Chapter October 12" City Council Work Session October 13'h Third P&Z Public Hearing: P&7, Commissioners forwarded several comments to City Council,declining to make a recommendation to City Council,by a vote of 5-2 (Oourdie and Englebrecht opposed) October 19'h Third City Council Public Hearing(continued to Novem►xr 10) October 26'h City Council Work Session November 9'h City Council Work Session FISCAL 1NF'ORMATION The draft Comprehensive Plan has been produced using existing city staff resources once the Growth Management Strategy was completed and approved by City Council. The Comprehensive Plan,upon adoption, % ill influence significant public and private investment and funding decisions for several years into the future. ATTACHMENT5 I Exhibit A: November 10'h DISD Correspondence I Respectfully s bmi V. e it'll Assistant City Manager, Development Services i I 7 j � 1 C+ t� r I Denton Independent School District EXHIBIT A 1307 North Locust t Penton,Telas 76201 I I November 10, 1999 I I Ms.Nancy McBeth Planning Department City of Denton 1 221 North Elm Denton,Texas 76201 Dear Ms.McBeth.- Attached are two documents discussed in a workshop by the D.I.S.D.Board of Trustees on November 9, 1999. These two items have been forwarded for consideration by the City Council for its scheduled hearing ofthe draft comprehensive plan on November 16, 1999. The first document contains a suggested amendment to Section I8. It provides language pertaining to the development of non-residential development within proximity to school sites. This suggested amendment Is Intended to help maintain a safe environment that is conducive to learning. It Is intended to mitigate land use conflicts similar to those recently experienced with the proposed amendment to PD-16, which is immediately adjacent to the Sam Houston Elementary School. The second document contains suggested amendments to Section 21, These recommendations and implementation actions are derived from the goals and strategies written into the education chapter of the plan. Your consideration of these recommendations is greatly appreciated. Please feel free to contact me at(940)387-6151 extension 229 to discuss these items. Sincerely, Todd Parton Director of Planning 'A n Xc, Board of Trustees Dr.Ray Braswell,Superintendent of Schools Jl c u , r- re= DFNTOf�iC PREHE 1 E P I go 020 eti 1# y xfi 4 > � S'4 �yL �'• � �♦ '.tf r A�'I Y �' y suggeatad'iinendmPnt . .7`�� ipi i 2a ��f We }{ q LAND USE COMPATIBILITY 2, Strategies ((new) ) c . Work with developers to deny permits for commerei $, and/or business development within $00 feet of the boundarits of a school site , or a greater distance if there ere substantial negative anticipated impacts such es competitive and/or Mc Mtradictory traffic , noise , odors , potential rodent of er factors that ,leopardi:e the s fety .and health of children and adults in their regular transit to such school sites. Such developments would be deemed AN INCOMPATIBLE LAND USE . !II i I 1 e1 • s • Section 21 Implementation Recommendation 1. Plan and construct schools to eccommndtte anticipated student growth. Implementation Actions: a. Determine the adequacy of schools within the community by developing a program that determines school needs. b. Dev,:lop and utilize a process to share development proposal information at the earliest possible stage with each a;propdate school district. c. Develop and utilize a process to mutually analyze student impacts of proposed residential developments with each appropriate school district at the pre- design, zoning, and platting phases. Provide a written assessment of school amenities for each proposed development to determine adequacy of existing facilities to meet the pro}ected student impact. d, Establish a policy to encourage developers to donate and reserve adequate school sites where educational amenities are Inadequate. e, Devise a process to work}ointly with school districts to develop and promote state legislation that allocates adequate funding for mandated programs. f Develop an economic development strategy to achieve economic diversification that provides a non-residential tae base to increase available funding for school facilities. Primary Responsibility: Denton Planning DepartmenUSchool Districts Suggested Schedule: 1999.2001 Budge) Souree: General Fund C.1.P. I District Bonds Recommendation 2, Create a network of educational facilities to benefit the residential areas served. Implementation Actions: a. Develop a process to coordinate with school districts to analyze and select sites for educational and support facilities. b. Adopt an Interlocal agreement to Identify the terms In which confidential information pertaining to the selection,assessment, and acquisition ofschool sites may be protected and an early site acqulsition and may be v A , established. / � - a (I W c. Develop a collaborative process to coordinate city capital improvements programs with school district bond programs to achieve maximum mutual benefit of public resources and properties. d. Develop interlocal agreements for the joint use of city and school district Property to maximize functionality and use. Primary Responsibilityr Denton Planning Department/Denton Parks and Recreation Department/School Districts Suggested Schedule: 1999.2001 Budget Source: Oeneral Fund C.I.P. District Bonds I t i Ao+nea,No. (tern AGENDA INFORMATION SHEET Oaf AGENDA DATE: November 16th, 1999 DEPARTMENT: Planning & Development D partmcnt CMIDCNIIACDI: Dave Hill,349-8314 SUBJEC11 Itold a public hearing and consider approval of a resolution that demonstrates compliance with Senate Bill Number 89,effective September 1", 1999,that requires municipalities to adopt an annexation plan as required by Section 43.052 of the Texas Local Government Code,on or before December 31", 1999, that becomes effective December 31", 1999. MC'K wn During the 1999 Legislative Session, the Texas Legislature adopted Senate Bill 89, which amended Sections 42 and 43 of the Texas Local Government Code (see Exhibit A). The amendments, whicl brcame effective on September 1", 1999, place significant and complex new restrictions on municipalities considering annexation. The amendments of i;ct all cities, but the emphasis of the State Legislature was to make annexation more difficult with respect to dense]), populated areas that develop their own Hater. wastewater, police, or other services. Staff has attended seminars related to the new anncxation requirements, and legal analyses have been prepared to help cities und,•rsturd and implement the new regulations. As is normal for new legislation, wany Iand use planners and attorneys have identified several interpretative questions that may eventually have to be settled by the t courts. In Denton, land in the extraterritorial jurisdiction is not densely populated, and for the most part, tilt City of Denton can claim an exemption to most of the new regulations provided the area to be annexed contains "„fewer than 100 separate tracts of land on which one or more residential dwelling units are located on each Iract." Voluntary annexations are 111,10, exempt from most of the new regulations. Provision of services must take place faster, however, within 2i/,years instead of 4'/, years. Other new provisions apply, including further limitations on the use of strip annexations, and Council will be briefed on these revisions as conditions warrant. Of current interest is the requirement that all municipalities must approve a three-year annexation plan no later than December 31", 1999. This may be true even if the municipality has no land being considered for annexation. 'I he annexation plan must list any land to be annexed within a three-year period. If the land Is not annexed within the time period specified, the city may not reconsider the area for annexation for one to two years. Because sparsely or unpopulated land is exempt from most of the new annexation regulations, staff has been advised that it makes no sense to list any exempt property i on a state-mandated annexation plan. The plan can be in the form of a resolution, and may simply A state that no land is identified on the threw-year annexation plan. If a city has a wcf,ite "the municipality shall post and maintain the posting of its annexation plan on its Internet website,' Any amendments to the annexation plan must also be posted on the city's wcbsitc. o I A draft resolution has been prepared to satisfy the new state annexation plan requirements,before the December 31", 1999 deadline. OPTION' 1. Approve the resolution as drafted, 2. Ask for further Information and continued work session discussion. RECOMMENDATION Staff recommends approval of the draft resolution In order to meet minimum state requirements. A more thorough annexation plan is needed to establish proper annexation policies as growth continues, but the local annexation plan should be distinguished as a document that Is separate from the state- mandated plan. F.STIMATED PROJECT SCHEDULE November 160. 1999 City Council consideration of draft resolution PRIOR ACTIONIREVIEW Council has been briefed on proposed Senate and House bills that were considered by the state legislature during the 1999 session. Mayor Pro Tem Beasley represented the City Of Denton during a House Committee hearing on Senate Bill 89, during which time legislators were asked to exempt unpopulated areas. Other cities raised the same Issue, and the bill was eventually changed as requested. October 2e, 1999 City Council work session review FISCAL INFORMATION Annexation plan preparation will be accomplished using existing staff resources. ATTACHMENTS Exhibit A: Senate Bill 89—Enrolled Version Exhibit B: Draft Ordinance Respectfully submitt gill f A n Assistant City Manager, Development Services Z t 't]1lfi WLlvd4„UYA Onr�wirlwrwJ rr y.YalV r j RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE CITY OF DEN,ON THREE-YEAR ANNEXATION PLAN AS REQUIRED BY AMENDMENTS TO SECTIONS 42 AND 43 OF THE TEXAS LOCAL GOVERNMENT CODE AS SPECIFIED BY SENATE BILL 89, ADOPTED BY THE 76TH TEXAS LEGISLATURE ON MAY 25, 1999, EFFECTIVE ON SEPTEMBER 1, 1999, AND REQUIRING THE ADOPTION OF A THREE-YEAR ANNEXATION PLAN WITH AN EFFECTIVE DATE OF DECEMBER 31, 1999; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 70 Texas Legislature adopted Senate Bill 89 on May 25, 1949, which was effective on September 1, 1999;and WHEREAS, Senate Bill 89 made significant amendments to the municipal annexation requirements contained in Sections 42 and 43 of the Texas Local Government Code; and WHEREAS,Senate Bill 89 amending Section 43.052(c)of the Texas Local Government Code specifies that "A municipality shall prepare an annexation plan that specifically idemri res annexations tar may occur beginning on the third anniversary of the date the annexation plan Is adopted."; and WHEREAS, Section 17(b) of Senate Bill 89 specifies that "Each municipality shall adopt an annexation plan as required by Section 43.052, Local Government Code, as amended irr ibis Art, on or before December 31, 1999, that becomes effective December 31, 1949.";and WHEREAS, Senate Bill 89 contains several new requirements intended to protect populated areas in unincorporated areas from unwanted municipal annexation; and WHEREAS, Senate Bill 89 amended Section 43.052(h) of the Texas Local Govemment Code to provide several exemptions from the revisrd annexation requirements including an exemption for areas proposed for annexation if "...,the area contains fewer than 100 separate tracts ofland on which one or store residential dwellings are located';and WHEREAS, the City of Denton has no unincorporated populated areas contiguous to its municipal boundaries containing more than 100 separate tracts of land on which one or more residential dwellings are located, and has determined that any anticipated annexations in the foreseeable future will be exempt from the annexation plan and other provisions of Senate Bill 89 pursuant to this exemption and other exemptions as set forth in Section 43,052(h); and t WHEREAS, Senate Bill 89 amended Section 43.0520)(1) of the Texas Local Government Code, indicating that "If a municipality has an Internet website, the munletpality shall post and maintain the posting of its annexation plan on to Internet website"; and c, .ctrtt.vouu.r4aadm.r�•rbrw.,r.�...�n.•s 'tk WHEREAS, the City of Denton City Council conducted a f-lb -c t- rO. on November 16, 1999 to hear citizen comments regarding the City, , ,�,,, , , • ,iexation Plan and it is the intent of the City Council to adopt 6te ttuee-Year Annexation Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1 The City of Denton Three-Year Annexation Plan, as required by Section 43,052 of the Texas Local Government Code,which identifies no land to be included as part of a three-year annexation schedule,is adopted by virtue of approval of this resolution. SECTION 2. The City Council of the City of Denton hereby instructs the webmaster of the city's Internet website to post and maintain the posting a copy of this resolution and annexation plan on the city's Internet website. SECTION 3. The City of Denton may continue to consider annexation of areas which are exempt from Inclusion in the City of Denton Three-Year Annexation Plan. SECTION d. This resolution will take effect December 31, 1999, PASSED AND APPROVED this the day of , 1999. I JACK MILLER,MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY By: _ i APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY By: � 1 Page 2 i � I [i � .� AGENDA INFORMATION SHEET 'ahn q ' 1 Dale ite AGENDA DATE- November 16, 1999 DEPARTMENT: Planning Department CM/DCNVACM: David Hill, 349-8314 SUBJECT-Z-99-046 (LakiniewRanch) Hold a public hearing and Lmnsider rezoning approximately 47 acres from an Agricultural (A) zoning district to a Planned Development (PD) zoning district. The property is located on the south side of McKinney St"r A(F.M. 426),approximately 3,000 feet east of the intersection with Trinity Road. Development of a single-family subdivision with a minimum 5,500 square foot lot size is proposed (see Attachment 1), The Planning and Zoning Commission recommends approval (o-1)with conditions. BACKGROUND The proposed concept plan for a maximum of 280 single-family lots with a minimum lot size of 5,500 square feet is the first step in the planned development process (see Attachment 1). A detailed plan would have to be approved prior to any development. The subject land area is located immediately south of 685 acres of contiguous land under common ownership, which is planned to be a residential community (see Attachment 2 - Enclosure 2-area represented by the Lakeview Ranch subdivision and Z-99.072). Lakeview Boulevard may be extended south from its current location through this property and ultimately to 1.35 E through the Preserve development(see Attachment 2 - Enclosure 4), The subject propcny was rezoned in April of 1997 to an Agricultural (A) zoning district by Ordinance 97-107(see Attachment 2 - Enclosure 2). It was rezoned in September of 1990 to Planned Development 126(PD 126)zoning district by Ordinance 90-125. The property was annexed and classified as an Agricultural(A)coning district in 1968. The proposed development is consistent with all of the policies or the 1988 Denton Development Plan(DDP) as applicable and all of the 1998 Denton Plan(DP) Policies, except for the extension of new public water and wastewater lines (see Attachment I - Enclosure 7, Comprehensive Plan Analysis section). i Fivc (5) property owners were notified of the zoning request. One (1) response has been received. It in favor of the request (see Attachment 3). 1 PRIOR &CTION/RF1'IEA c 1 The following is a chronology of Z-99-046,commonly known as Lakeview Ranch; Application Date - June 2, 1999 P&Z Date - October 20, 1999 1 . 4 a �I F M ESTIMATED PROJECT SCHEDULE The next step in the development process will be to submit an application for a detailed plan, which must be approved by City Council. The subject property is not platted and will need to be platted prior to any development. FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the city. RECOMMENDATION The Planning and Zoning Commission recommends approval (6-I, Carl Williams opposed) of this zoning request with the following conditions(see Altachnient 4): L Prior to the issuance of any building permits, adequate transportation infrastr ;ture shall be constructed in accordance with a Traffic Impact Analysis (TIA) approved by the Transportation and Engineering Department; 2. That a commitment for improvements to the Lakeview Boulevard bridge over Cooper Creek is approved by the Transportat;on and Engineering Department; 3. That the amendment to the Roadway Component of the Denton Mobility Plan (DMP) that proposes a new corridor south of Mills Road for Lakeview Boulevard to the west or the existing Trinity Road is resolved;and 4. That a minimum of 3.5 acres of the property described herein is reserved as private open Space,which is easily accessible to all residents of the neighborhood. OPTIONS I. Approve as submitted. { 2, Approve with conditions. 3. Deny, 4. Postpone consideration. S. Table item. ATTACIIMENTS I. Concept Plan, 2. Planning and Zoning Commission Staff Report,October 20, 1999, Z-99-046. 3. Property Owner Response(1). 4. Planning and Zoning Commission minutes from October 20, 1999, S. Draft Ordinance. Respectfully submitted: Doug Pow it � 'A Director or Planning and Development ( �< Pre ared by, L't I j w?aynj6 reed, tan er II 21 f � u i 1 (BTT, ATTACHMENT 1 Ap lk* , 711 Ix JiYli4Yii:� . OWOW. i: . Dieter Schwartz .......... # v.en do NR k lu Properties, P.O.Box 941 ?^;:'r'; r..�. Oeemaebuq.PA 15601 'O i .'.. r......: is'?,•,h' Bd4 : . Teen Inc. 700 WwAew Blvd. -- x it a Dot^TX 76207 972410.5000 K `• MEN m Oft Ll wm t" TX?m IX moe ��Zone T"' Lana Use Summary _ e n rA&FN4043) ex"t uo eow !o w u w v / eHE/TM B] Lakeview stanch ,, Denton, Texas f , i I .. . qqq Nplul M- 1 IL ` ® FF lrn.1 1`. }I ��'� `fare �. r• r ^. I P� iil�, .��u��.! `r rtv /G„i ..�:T7 • - • : • i � • 1 1 1 1 1 1 - 1 u: � ' :•1 Applicant; Paul Spain Owner: Dieter Schwartz Terra Bain, Inc, NR& RJ Properties, L.P. 2807 Brookshire Drive P. 0. Box 941 Southlake, TX 76092 Greensburg, PA 15601 PLANNED,DEVEL QPMENT.rZ0NINf3PR0CEDU�tE3t Planned development zoning districts (PD)are Intended to provide for the development of Land as an integral unit for single or mixed use In accordana? with a plan that may vary from the established regulations of other zoning districts for similar land uses. They are also mea,it to encourage flexible and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community, and io provide for a development that is superior to what could be accomplished In other zoning districts by meeting one or more of the following purposes: (1) Provides for the design or lots or building; Increased recreation,common or open space for private or pubic use; berms, greenbelts, trees, shrubs or other landscaping features; parking areas, street design or access; or other development plans, amenities or features that would be of special benefit to the property users or community; (2) Protects or preserves topographical features, such as trees, creeks, ponds, floodplains, slopes or hills;or (3) Protects or preserves existing historical buildings,structures, features or places. There are three (3) types of plans that may be us3d In the planned development process; concept plan, development plan and detailed plan. CONCEPT PLAN—This plan is,trttanded to be bie Aral ste_"in�PD pto��6 for1srgir cr long term.0661opments. II establishes a most geh8iel ufdi p�'da6wr t land Use types, approerials thoroughfare 16cHY61 wlthirl fhe bbliMA�th8 dtsf>Ic.g DEVELOPMENT PLAN • This plan Is Intended to be used most oftcn as a second step in the PD process. It Includes the same Information that Is provided on the concept plan, plus details as to the specific land uses and their boundaries. DETAILED PLAN — This plan is the final step In the process and is required prior to any development. For smaller tracts or where final development plans am otherwise known prior to rezoning, the detailed plan may be used to establish the district and be the o*required plan In the planned development process. It will contaln Information specific to the site. All detailed lans should be In substantial p compliance with landscape, sign, subdNisio*r and other regulations of the Code of Ordinances. When concessions from these regulations are requested by a developer,there needs to be corresponding benefits that merit deviation fra,i those regulations. A The proposed concept plan provides the minimum information required by the Chapter 35 of f the Code of Ordinances (zoning ordinance). z m o-rr,Pz SI)l Repot 10 m 99 dre 5. r t i FOAM The subject property is located Immediately south of 685 acres of contiguous land owned by Mr. Schwartz,which is planned to be a residential community (see Enclosure 2—area represented by the Lakeview Ranch subdivision and Z-99-072). The proposed development of the subject 47.3 acre tract of land is for small lots with a minimum lot size of 5,500 square feet (see Enclosure 1 — Parcel E). The request for a Planned Development(PD)zoning district will require the approval of a detailed (site) plan before any development omirs. Lakeview Boulevard , :"I be extended south from its current location through this property and ultimately to 1-35 E throug' r.'l Preserve development, unless the alignment is changed (see Enclosu,e 4). The surrounding land Is undevelopari and Is mostly outside of the city limits (see Enclosure 2). COMPREHENSIVE P ` N.�► A 3 g ' 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Ares. These areas are intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small ccmmerciaVretall centers spaced at about Yj mile intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas Is restricted to 60 trips per day per acre In order to balance land use with road capacity. When connecting this request to the applicant's other zoning application (Z-99-072), staff finds the proposed rezoning to be consistent with both the policies and trip Intensity standards of the 1986 DDP (see Enclosure 6). 1998 Denton Plan Policles Analysis The 1998 Denton Plan (DP) Is to be used in conjunction with the 1988 Denton Development Plan In evaluating consistency of proposed development with the long range vision for the city. When connecting this request to the applicant's other zoning application (Z•99-072), staff finds the proposed rezoning to be consistent with the policies of the 1998 DP(see Enclosure 1). F The draft Land Use Plan Identifies this property to be%vithln an "Neighborhood Censer" area. The adopted Growth Management Strategy states that these areas are to be developed in an Inwardly oriented manner with a focus upon the centers of the nelghbolhoods. The canter would contain uses necessary to support the surrounding neighborhood Including retail uses such as convenience grocery, barbers, or small professional offices, higher density residential uses such as townhomes, park uses including central nalghbortrood `greens"and lnstihrtional uses such as fire stations,schools, libraries and transit nodes. The proposed land use Is consistent v*h the Intent of "Neighborhood Center" areas. 2 99 046 Pt Ste Report 10 20 99.doe c. 4 i $PEC�AL'iNF� 1J1�1' I00MA'r -r�j�. 1. Transporlatlon -~ A. Trip generation The proposed development would generate approximately 2,674 trips per day ii built out with 280 homes (an average of 5.92 lots per acre), This Is 164 trips fewer trips or six percent(6%)less than allowed trip generation in a Low Intensity Area. Table 1. Proposed Residential Trip Generation Land Use Average Trip Average Acres Estimated Total Trip Generation dulacre Lots Generation Single-Family 5.5(SF-5.6) 9,55 trips/day 5.9 du/acre 47.3 230 2,674 Total. t , lrfas/day 47,3 Allowed Trip Generation 60 trips/acre/day 47.3 2,838 Difference 6%below ML Calculations provided by the Institute of Transportation Engineers, 1991. B. Road Capacity McKinney Street is Identified as a primary major arterial road by the 1998 Denton Mobility Plan (see Enclosure 4). The future extension of Lakeview Boulevard south of McKinney Street is Identified as a primary i ajor arterial road. Therefore, both of these roads are designed to ultimately be six (6) lane streets without parking, providing six (6)lanes of through traffic. As such, their designed traffic capacities will allow for tolerable traffic flow of up to 27,900 trips per day, McKinney Street Is currently constructed with two(2)lanes unc'tvlded without parking, Lakeview Is not constructed south of McKinney Street; Trinity Road (a.k,a. Lakeview Boulevard) north of McKinney Street Is currently constructed with two (2) lanes undivided without parking, The most recent traffic count on McKinney Street in the proximity of the subject property was conducted at Grissom Road,the entrance to the Royal Oaks Wheel Estates Manufactured Home Park, which is approximately 4,000 feet west of the site. It recorded 2,907 trips (per day). This Is a dramatic reduction In trips on McKinney Street from existing traffic volume further wart at Ryan \ High School(11,544), Mayhill Road (12,609)and Loop 288(12,654). These traffic taunts illustrate 11 that existing traffic on McKinney Street Is reduced on the eastern edge of town. At the existing Intersection of Trinity Road and McKinney Street, the most recent traffic count on Trinity Road recorded 409 trips (per day). These roads will have adequate capacity to handle the calculated trips (see Table 1) that could be generated by the proposed residential development I The proposed development wpb contribute to im p ro vt the mabJt'd Y of the entire community. The ultimate extension of Lakeview Boulevard from University Drive (Hwy, 380)to 1-35 E wm provide an alternative north-to-south route for the eastern portion of the City of Denton, relieving traffic on r Loop 288. The proposed development north of the subject properly(see Z-98.072 staff report) A will prmldi for the northern haH of this proposed arterial; a portion of Lakeview Boulevard was 7 1' constructed with the public improvements associated with Lakeview Ranch,Phase I. Ultimalely, this arterial vrtll connect with 1.35 E through the Preserve development as Orcvth occurs, The latter develol iment Is currently moving ahead with the platting of the first phase of No master plan, i 5K,,016 r star Report l0 20 99 don. I 7. G i Including over 4,000 feet of Lakeview Boulevard. The actual construction of that portion of the road is undetermined and even more uncertain is the ultimate oonnection to McKinney Street. The correlation between new development and road capacity Is that as development in this part of town occurs, additional Infrastructure will be constructed to handle the vehicular trips generated so that the overall mobility (level of service)within the community Is maintained. C. Access No single-family residential lot is permitted to have direct access onto a primary major arterial. The proposed subdivision would take access onto McKinney Street and the future Lekevlew Boulevard. Both of these roads are Identified as primary major arterials and will run through this tract in a north-to-south direction,potentially reducing the overall density of this parcel (see Enclosure 4). Local (neighborhood) streets would have to be constructed to provide internal circulation within each subdivision. D. Pedestrian Linkages Sidewalks along all public streets are required. 2. Utilities This development will have to extend water and sanitary sewer lines. 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary plat. The study must Include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. The developer must indicate the method by which the run- off will be carried across the property or stored on the property. 4. Signs As per the sign ordinance or as established by a detailed plan. 5. Off-Street Parking New development must provide parking according to the regulations of Chapter 35(35'301)of the Code of Ordinances. Every single-family residence is required to provide two(2)off-street parking spaces. 6. Landscaping This development will have to comply with the new Landscape Code,which requires fifteen(15) trees per acre and twenty (20)percent of an surfaces to remain pervious (plantable area). 1. Open Space and Roe reatlone]Areas This residential development wbl be required to participate in the development of public ' k recreational areas. Through the Perk Dedication Ordinance (08-039), title development wilt !�' contribute to park land dedication and parts development fees. Dedication requirements are required during the platting prooees. Paris development fees are r Ited prior to the Issuance of building permits. L 99 045 D2$IaI Reel I0 20 99&K i a, April IS, 1997—The subject property was rezoned to an Agricultural(A)zoning district and land use classification by Ordinance 97107 which amended the zoning ordinance and map for the City of Denton (see Enclosure 2). September 4, 1990 — The subject property was rezoned from Agricultural (A) zoning district to Planned development 126 (PD 126)zoning district and land use classification by Ordinance 90-125 which amended the zoning ordinance and map for the City of Denton. 1988 —The subject property was annexed and classified as an Agricultural;A) zoning district. The subject property Is not platted and will need to be platted prior to any development. P_U _ LIa Notice of the zoning request was published in the Denton Record-Chronicle on October 3, 1999. Five (5) property owners were notified of the request on October 2, 1999 (sea Enclosure 6). As of this writing, there have been no responses. - Staff recommends approval of Z•99-048. The property Is located along McKinney Street, a primary major arterial, and the future alignment of Lekevlew Boulevard, a secondary major arterial north of McKinney Street and a primary major arterial south of McKinney Street. Linking this request to the applicant's other application (Z-99-072),0 provides a variety of residential lot sizes and housing types. It Is consistent with the policies and trip Intensity standards of the 1988 Denton Development Plan, the 1998 Denton Plan Policies, the 1999 Growth management Plan and Strategy, and the draft Land Use Plan, i As part of 732 acres under common ownership, which is planned forresldential development, this project will have a significant impact on the mobility of fhls area of town. It would be fair to attach a condition to this zoning request a requirement that links the development of this pmr,*rty to specific public Improvements that will provide adequate protection against deldm vital effects fhat it may otherwise have on the mobility of this area of town. City Council has attached conditions to previous planned development zoning requests Involving residential developments with lot sizes less than the minimum allowed by straight single-family zoning districts, such as Single-family 7 (SF-7) and so forth. The following list Includes some of the most recent and/or common ones: ,' A ✓ Masonry I /', ✓ Street Traes ✓ Garage Orientation ✓ Pocket Parks z v9 a4a vt S4A1 aet'a t so 2a s9 6x 9. i i However, these conditions have been brought out at the detailed (site) plan stage of development, rather than the concept plan. The request before the Commisslon is for approval ore concept plan. A detailed (site) plan provides the Commission and the City Council an opportunity to attach design related criteria to a development based upon a specific site design of a land use that Is permitted by a concept plan. This procedure provides both the developer and the City more flexibility In the final step in the development process because condition^ are then related to a particular site plan rather than a general concept. A concept plan Is Intended to establish the most general guidelines for a proposed development, Ni01"ION yy l , I move to recommend approval of Z-99-048 finding that: 1. It is consistent with the 11188 Denton Development Plan; 2. It Is consistent with the 1998 Denton Plan Policies, 1999 Growth Management Plan and Strategy and the draft Land Use Plan; and 3. It contributes to a diversity of housing types and lot sizes within the community. And subject to the following conditions; 1. Prior to the Issuance of any building permits, adequate transportation Infrastructure shall be constructed In accordance with a Traffic Impact Analysis(TIA) approved by the Transportation and Engineering Department; 2. That the amendment to the Roadway Component of the Denton Mobility Plan (DMP) that proposes a new corridor south of Mills Road for Lakeview Boulevard to the west of the existing Trinity Road is resolved. ALTERNATIVES 1. Recommend approval as submitted. 2, Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item, ENCLOSURES 1, Concept Plan. 2. Vicinity Map, p, 3. Zoning Map. 4. Denton Mobility Plan Map, 5. 200'-500' Notification Map. 8. 1988 Denton Development Plan (DDP) Policies. 7. 1998 Denton Plan (DP) Policies(2 pages). 8. Draft Ordinance 30. 1 ' { 1 I 3 Ire Aflf« tri.ra h"p6w �. vim Iwo on OR r A r Qh (1 /A It- TT nft KIM AM l r N LP Apt�irdr^��rwrir4 r�l� ��p� '. Yrr flii!i'i�.— ■■y■ {■r■ ■■[■ epyr 1 IY iYr►1 �l i � i II ■ � � Y t C �r Yrry Pl na De_ v oo� en_t Cooc t Plan Lakeview Raneh r 1 4 1 t r 1 Land Use Summary �1� lm vw ) ll+s Lnk! 1Ala Lot 11e�A )fla Lot W>ft Mlo Ihm!Yrd M!a 6be Yrd A 17 860I FS11 Ey 7,D00 d 363 100, 6O, 2r B 10 2.S H 94 9hti1•Pw1y •10) t^,000d 27S 120 7O, 3O, T 10 2S C 192 gkopwGy •13) 13,000 d 364 120, 10 30, t 10, 25 D $I 914W;rv* •7) 70004 236 100, 6O, 2r 6' t0, 25 6 47 Sbg% soft -05) l'm if 280 100, so 20, ss t0, 25 Ph l 276 Shq%twlq 1 Aon 137 130' LSO, 40' lr to 3.0 Twu "IAw I"?thhi 03BWAQ '' tunh MO w 9•y«r wdq twM4 n6. Mpr•M y9t1•uMa n C G E B V E i Prw t•t1,•3•.6w wu1 h tier«m..+•r a.ra•en•.aN.n n.d• df jSu uu Arita"ll"*1A +vbw 1 L 6EP Lakeview Ranc Denton, Texas i i ENCLOSURE 2 NORTH Z-99-046 (Lakeview Ranch) Lakeview i l Phasel ti NKC OR VICINITY MAP Agenda Date: r . f October 1099 scale: None 1 1 ENCLOSURE 3 Z-99-046 (Lakeview Ranch) NORTH � A A A �p ! 1 ti A 1 1 A A `� -r , r -f A C � I I I Wrl ' 1- La + I- ZONING MAP Agenda Date, October 20, 5999 Scale; None 14. i V I: 1� f II i' ENCLOSURE Z-99.072 (LAKEVIEW RANCH) NORTH • I I I ' I I • I s..... J IP ...1� f + 3• 1 ' • I • I I I J I I I` • I DENTON MOBILITY PLAN MAP Freeways Primary Major Arterlals ;' Secondary MajorA'rbriols � ,f Collectors ' w t' Agenda Dote: October 20, 1999 Scales None ]5, Erg i p r.N ISr 1 z OK ol I I 1 ENCLOSURE 6 COMPREHEN41y The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are Intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small commerciailretail centers spaced at about % We intervals with direct access to a collector type street or larger thoroughfare, Vehicular trip generation due to development within Low Intensity Areas Is restricted to 60 trips per day per acre In order to balance land use with road capacity. Staff finds the proposed development to be consistent with both the policies and trip Intensity standards of the 1988 DDP. The following is a summary of the 1988 Denton Development flan policies apple;able to this project: Denton Development Plan Policy Analysis Summary _ Low Intensity Area Development Rating vs, Policy safnewhat POLICY COMMENTS incas�ste Irconsistent consistent Intent. These areas represent primary housing areas within the(i X Intercity. To be consist.!rA with the Arowed Intensity•60 trii Plan,a development should not Meet!Its Allocated Intensity a 2,031 blp5/site allocated Intensity. X Site Man Control. Strict property devetoprttmt control Whin 1,W Met of exIstng law density r.ddenbN oiras, X Traftte Daalgn. Aam' etwuid be prNcled to ensure Uu,t ii ultl•rar sly or non-residential uses nave scasa to callectors or larger artenals with no direct access Ncrough reshta t al streets. % Open Space. sufforr l 'ten space, recreatbnal faUlitles and diversity or parks ' are provided, X Public Partkclpatlon. Input Into A neighborhood meeting was held try the planning by neighborhood assodatians and developer with surrounding residents and councl s Is encouraged, property owners. x Land Use Dlvenity, Non-resdenbal and N/A-the pros K fa tYnglt-}amly multldamlly development is encouraged to land use. a limited degree. Manufactured Housing. This ram of N/A-the proposal di for singe'fai single-family housing may be compatible land use,not Including manufactured with developments In the low Intensity lousing. areas subW to conditions, Strlis Commercial. Arty form of NJA-the proposal n for single-family continuous step commercial is strongly land use, discouraged Inlor near low intensity areas ! ' A ,r 17. r 1, i ENCLOSURE 7 The 1998 Denton Plan (DP) is to be used In conjunction with the 1988 Denton Gevetopment Plan In evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be consistent with the policies of the 1998 DP. The table below provides a summary of the 1998 Denton Plan Policies applicable to this project: e Denton Plan Policy Analysis Summary Development RaUnq vs. Policy CATEGORY POLICY inconsistent ` plot ' AppC,able,;; consistent Transportation. Connp'Iments Dentony Long-Range Thoroughfare Plan, x reomotes Access Management Practices x optirmes operations for emergency service providers and other pubic service providers, r x Prorates public transpartabon system. x ConWbutes to the Denton Trails network. Stormwater Drainage Proteds 100 vex floodptaln are,.s M accordance with Denton's watershed management plans. : X Conromn to local abw✓.slan regulations x Contributes to regional detention racitibes. X Prcvl a for natural rorlan environment along floodplaln. x Upgrades e+dsting Substandard drainage systems as 011 and redevelopment occv.. >( Water and Develops and maintains property and private Wastewater. Inhastrml4me, I ' x Creates opportunity for ever%eng water and wastewater lines to meet future development deman& r., x Provides review or proposed water and wastewater Inhastrvct�re to ensure pubic safety and heal h. x Pramotes Infill Improvements over new Lne t Renslons R Flectrle Provides undergrdmd electric SePett for new reStdentW and ra.iresldenbal development x Solid Waste. Promatef efl9dent amass to 0 development for sdld waste service delivery, x Pa6i and Recreation, locates parks and reveatlon radiibes M etcordance with the Parks and Recreation Strategic Plan r.!,'• ,' X Enhances parks and recreanan oppaMlties for tAdents X Preserves floodplam for parks and open apace to aid h r floodplaVn corwVaton efforts Allows c6mbiNng of paAs with other pubic radRtlea to acNeve met endive ddiv"of public servim S�t Residential dc4kVnent sfatAd dedicate lard cr refs In heu of Land to WgRataod parks. x 4 lmdrorrmentat"rity. Prorates preservsban of ritual rem rcd. tntegrates a mn:,wMrkal pruta tlorl wah/aorarnk ../ growth Inc!MMMI M deAbptw t X. • Z 91 016 PZ SIV ltw t 10 20 99.doc 18.. c c 1998 Denton Plan Policies Analysis (continued) " Denton Plan Policy Analysis Summary Development Ratlng vs. Policy CATEGORY POLICY Iraonashn► App utk faa�ent NdaltborA w& Dudfc romov times for Enmreoa a ml Rhn of lend uses tMt bw eat redef x ho"and pnsernes wory neI@rbahC-)& x hwdes 6kvde and pedntrlen hft Wft and between rrel*ftftode to reduce Wk"Wpt x HoWmv eoonarec a indv►duel W�a s ft Opp"to x Was s variety of slrgle%T4 lot onk WVrq tlra • ' and price nnpes, X Preserves a Mrq h"%In"0 rdeble taudrp. trwim MI houelnq oppaMdtiet awrsl utlom ka eadnq fount raid a riq b tw Deese Government EncouregesIrReryovemmerrt0coord'oft to"m cos;efl Pubncwvkes Urban II«Ign. Addrmu cammuntty IM66 roe N 1 aonp vhvOva rrwvw, DN"flm omNWd vW eppwara of bunt emavnmt. Nelghb OwW InMI development ftM be mm WbN wllh edstirq Iend uses and WW.9s, Proteds end preserves DoUnt&%MKb al,oArst end hlstorial mourem Enhances L'x appeararxe eionq nwjor enbinawryt r Promote tM praervebon yr bees and lads sft x Pubnc IwoNam ft Pro&"en opporbrNty for publk o*hm durYq the plannlrp process x 2 99-046►2 Star Repot 1620 99.d(x 19. t c L I j ENCLOSURF. 8 C; ORDINANCE N0, AN ORDINANCE OF THE CITY OF DENTON,TEXAS,PROVIDING FORA CHJ,NGE FROM AN AGRICULTURAL(A)ZONRIG DISTRICT C ZONING DA TRI AND USE CATION AND TO PLANNED DEVELOPMENT (P USE DESIGNATION FOR 47.3 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF MCICINNEY STREET (F,M. 426), APPROXIMATELY 3,000 FEET EAST OF THE INTERSECTION WITH TRINITY ROAD; PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN FOR 47.3 ACRES; PROVIDING FOR A PENALTY IN THE M.k"" AMOUNT 07 $2,000.0) FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-9S 046) WHEREAS,Paul Spain, eh of Dieter Schwartz,has applied for a change h zoning for 47.3 acres of land from an n curs (A)zoning district classification and use design ation to a Planned Development It classification and use designation;and WHEREAS, er 20, 1999, the Planning and Zoning Cot.unission recommended approval of the requeste mge in zoning;and WHEREAS,the City Council finds that the change in zo ng will be(n compliance with the 1988 Denton Development Plan,the 1998 Denton Plan Policies,and the 1999 Growth Management Strategies and Plan; NOW,'f HEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: usnob 1. That the toning district classification and use designation of the 47.3 wre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from an Agricultural (A) zoning district classification and use designation to PlanrnxS , Development (PD__j zoning district classification and use designation with the approval of the concept plan attached hereto as Exhibit H and incorporated herein by reference under the, comprehensive zoning ordinance c f the City of Denton,Texas,: ubject to the fo1l0w3n ruiitions: 1, Prior to the issuance of any building permits,adequate transportsti a n t by eshall be constructed in accordance with a Traffic Impact Analysis fT Transportation and Engineering Department. 2. That the amendment to the Fwadway Component of the Den tiity Plan(DMP) that proposes a new corridor south of Mills Road for Lakevi oulevard to the west of the existing Trinity Road is resolved. Z, That the City's official zoning map is amended to show the change in zoning district dassification. A -- Tom, 'Thy any person violating any provision of this ordinanca shall, upon conviction.be find a sum not exceeding$2,000.00. Each day that a prevision of this ordinance is violated shall constitute a separate and distinct offense.-- 1 20, 1 u 0 SECTION 4. That thls ordinance shall become effective7ourteen (14)days from the date of its passage,and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle,a daily newspaper published In the City of Denton, ' Texas,within ten(10)days of the date of its passage. PASSED AND APPROVED this the day of 11999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY a BY. �1!- \ r 1 21 . i c� cl EXHIBIT A L-99-046 Field Notes for 47.3 ACRE TRACT awth of McKinney 8tnet(F.M.4261 M that certain 47,300 acre tract or parcel of land sltwldd In the VM W DwMm Survey,Abstract Number 330,Denton County,Tom,said tract being cep of a called'Trod II'conveyed to McKlmey Denton Property,L.P.;a Texas Bmited partrteninlp,by dad recorded In Volume 3128, page 0990 of the Real Prop"Records of Denton County,Tex",aaM 47.300 acre trkt being more particularly described as follows: Beginning at a found W Iron Rod at the occupied soutfrwast comer of the herein deseibed brct, said comer being South 88465'27'East 7.0 feet from a Corps of Engineers monument marked P- 260-W; THENCE North 3668'25"East with the occupied West line of Sold Mdanney Denton Tract and generally with a fence a distance of 2,340,84 fat to a found K"Iron rod for the occupied rarthwast comer of the herein described tract on a circular curve concave to the Soult,west and having a radius of 810.01 feet end a tangent bearing of South 65.28'27"East; THENCE rem along the are of sold circular curve through a central angle of a'19'18"for a distance of 88.68 feet to a found W Iron Rod; THENCE South 46.48' 12"East In the south line of MclOwrey Street(kNd Mc Qn*Road)as descnbed by deed in Volume S, page 388 Dead Records,a distance of 655.69 feet to a found 14' Iron Rod; THENCE South 47.27' 12'Eat with said McKinney Shwt a distance of 31 S b2 fat to a found W Iron Rod; THENCE South V 58' 17"West with the east rune of said Rb h7nnoy Denton trao�end genersly with a fence a distance of 1,47215 fat to a Corps of Engineer monument marked P-260-C-W for the southeast comer of the herein described tract THENCE North 88.55'27"West with the south line of salt Mcl(hwy Denton tract and generally with a fence a distance of 1,111.07 feel to the POINT OF BEGINNING,containing In a147.300 r 1 r 22. C t I ATTACHMENT 3 NOTICE OF r VAJAd.i. I., A ARING Z•99-046 jThe Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday. October 13, 1939, to conskfer reaoning a 47.5 acre site located on the south side of McKinney Street (F.M. 426), approximately 3,000 feel east of ii hitersection with Trinity Road from an Agricultural (A) zoning district to a Planned Development(PD) zoning district (see map on backside). The property Is legally described as Tract 11 out of the W. Durham Survey (Abstract 330), In the City of Denton, Denton County,Texas. The purpose of the zoning change Is to develop a single-family subdivision with a minimum 6,600 square fool lot size. The public hearing Wil start at 5:30 p.m. in the City Council Chambers of City Hell located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feet about this zoning change request and invites you to attend the public hearing. Please,In order for your opinion to be taken Into account, return this form with your comments prior to the date of the public hearing. (This In no way prohibits you from attending and participating in the public hearing.) You may fax it to the numbor located at the bottom,mail It to the address below,or drop it off in-person: Planning and Development Department 221 N.Elm ST Denton,Texas 76201 Attn: Wayne Reed, Planner II The zoning process Includes two public hearings designed to provide opportunities for citizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200)feat of the subject property are notified of the zoning request by way of this notice. The first public hearing is held before the Planning and Zoning Commission. The Commission N Informed of the percent of i responses in support and in opposition. Second,the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20)percent of the land area within two hundred(200)feel of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of landowner opposition. Please circle one: In favor of request Neutral to request Opposed to request 1 Comments: r Signature: • F ! 2 J Pnnled Name: Mailing Address: Ltlift'NG 8 UEVUl6p„1EfJT r City, State Zip: zqw r ' A Telephone Number: Z2� 937 dD 1 Physical Address of Property within 200 feet: 16 . &&- W ALA CiTY OF DENTON, TEXAS ciTY HALL WEST • DENTON,TEXAS 76201 • 94o.s419.ti390 • IF)9Mb.349.7701 2.99.0161,V'NoUCe doe 23, u c. ATTACHMENT 4 �No A3enda itom t MINUTES Data_ r!•rD-4� PLANNING AND ZONING COMMISSION October 20, 11969 Special Cal meeting of the Planning and Zonhg Commission of the City of Denton, Texas was held on Wednesday, October 20, 1090, and began at 5:30 p.m.In the City Cou;rch Chambers al City Hall,215 E, McKinney. Commissioners Present: Jim Engelbrecht, Elizabeth Gourdie,Salty Mahal,Susan Apple, Rudy Moreno, Perry McNeill,and Carl Williams. Staff Present: Mark Donaldson, Assistant Director of Planning; Mike Bucek,Assistant City Attorney; Larry Reichhart, Development Review Manager,Wayne Reed,Planner 11; Jerry Clark, Director of Engineering and Transportation. 1. Continue a public hearing to consider making a recommendation to City Council concerning the rezoning of approximately 410 mores from Agricultural(A)zoning classification to a variety of zoning classifications, including Single-family 7 (SF-7) on 1331 acres, Single-family 10(SF 10)on 851 acres, and Single-family 13(SF-13)on 1923 acres. The property is located In east Denton, stretching from near Highway 30 to McKinney Street, near Trinity Road. (Z-99.072,Lakeview Ranch,Wayne Reed) Motion by Susan Apple and seconded by Sally Rishel to recommend approval with conditions to City Council. 'Discussion of Item Is Included In Court Reporter's transcript attached to this set of minutes (Page 1). Motion carries 7.0. 2, Continue a public hearing to consider making a recommendation to City Council concerning the rezoning of approximately 48 acres of land from Agricultural(A)zoning classification to a Planned Development(PD)zoning classification allowing the development of 280 single-fatuity residences. The property is located In east Denton, south of McKinney Street,approximately 3,000 feet east of Its intersection with Trinity Road. (Z-99-W, Lakeview Ranch,Wayne Reed) Motion by Susan Apple and seconded by Perry McNeill to recommend approval with conditions to City Council 'Discussion of Item is Included In Court Reporters trans*Vt attached to this set of minutes (Page 1}. Motion carries 0-1. Cart Williams 000ased. , r r + A� i f; 61-� 24 . 1 t.! 1 CondooteitrA .Page 3 I PROCEEDINGS 1 be granted sm opparttmity to speak. And if Share y 2 sat ENOMruEM: Good arcing,W ayMe. 2 opposhim,than amber six will come into play and the 3 At this Ilme 1'd like to call to order the special 3 pWdoaec wSil be allowed five minutes to Speak In 4 tallod meeting of the Planning and 244ng Cammisslon for 4 rebuttal. Folkraing that,l will close tier public S the City of Denton,Taus for this Wodraday,Oc lobes 3 bearieg. Staff will make say fmd rmtariu. The 6 the 20th,1999. We have two hand on the Agenda this 6 Commfsslon will discuss the petition and make their 7 evemkq. Coamdssioom,they arc being brought by the 7 recommendation. I same developer and ate a8 part of the Same development. 8 A couple of notes. Any speaker may be 9 Tbey fiat happen to be semi the road,across McKiomy 9 allowed additional time to speak by a vote of this 10 Saw in one case. So we can hoar both of dine at one to membm or she commisston. We would ask each speaks so I l time and get the staff reports sod dnsloper's repeat, I 1 concern him or herself with presenting new Information 12 at cetera,and then we simply has two separate votes. 12 mot given by previous speakers. And,finally, 13 Any obJe ill? Okay. All right. 13 Coomdsdonm may at any time ask questions of anyone 24 In That case,it= t IS to continue a 14 and call on the Staff at any time and may adjourn to 15 public boring and consider making a secommendaiion to 13 closed wsion as allowed by law. Thank you,Mr.Reed. 16 City Council concerning the rezoning of approximately 16 Appreciate that 13 410 acres from Agricultural classifwtion to a verirty 17 rut teem I suppose now 1'8 summarize the It of zoning classificnioos Including sr-?on 133 acrd, 19 request before us. the applicant IS requesting,on the 19 sa"ro on 85 Seri,and Single-Farm'ly 13 on 192 acm. 19 one hand,on the south side of McKinney on a 47-acre 20 The prop"is keeled in east Denton stanching from 20 east for a Imall lot daelopment of 3,300 square foot 2l Dear Highway 380 to McKinney Street near Trinity Road. At I l minimum. For that particular request,Staff ant out a 22 this tienc,VU open she public hearing. 22 public notice to five property owners and as of the 23 Agenda Item No.2 Is to continue a public 23 writing and as or today we've received no rdpoosm for 24 hearing to consider making a recommendation to City 24 That particular request. For the other request.whleb is 25 Council concerning due rezoning of approxhmatcly 48 2S the larger property on the north Side of McKinney and to Page 2 Page 1 acres of land from the Agriculwral classification to a I the South of University Drive,staff sent out a total of 2 Planned Developinent toning classification allowing the 2 13 notices to property owners and as of this time 3 development of 280 simgle•fatnily residences. The 3 received no direct responses as far as the forms that 4 property Is located In east Denton south of McKinney 4 we've ensiled out. I have given to the Commission, S Stmt approximately 3,000 fat east of its lntorwtion 5 however,a letter typed up by a p;optrty owner In the 6 with Trinity Road. At this time,I'll open the public 6 area indicating their support for the request So 7 hearing for that Agenda Item,as well. And 1 will ask 7 public riodoe was dually noted A courtesy not oe had 8 Mr.Recd to provide w with the staff reeporL I gone out previously but I don't have the numbers In 9 MR.REED: Thank you,Chairman Engelbreeaht, 9 front of me. But that was sent out originally for this 10 and good evening, Commissloaers. I'll simply skip the 10 request. I1 usual paper that we go over. 1a that all right? The I I Both of these properties were pan of a 12 public proceedings,the public hearings proceedings,is 12 Planned Development,which In 1997 was rammed back to 13 that all right ruses it's just one hearing tonight? 13 Agricultural Back In September of 1990 this entire 14 MIL ENGELIMEOM. Yeah 14 property was toned including what Is now Lakeview Ranch, I S MA REED. Tills was up here• 15 the one-sere subdivision that Is already out theta and 16 MA ENGELskm-r: c4i,yeah. Let's review 16 is not part of the request tonight,was toned Planned 17 the••thank you. I forgot to review the procedures for 17 Development 126 for a mixture of raddential lot sire 19 public hearings. The Clair will open the public btxuing. I I So now we're ironically back bere tonight to imk at a , 19 Following that,the staff will mid its petition,give its 19 request to rezone it from AS to a mix of raidentiai lot , 20 report,and snake a recommendation. Following the staff 20 sizes. 21 report,that's number dm on the overhead,the 21 1 would like to state that one of the most 22 petitioner will be granted hen minutes to speak to the 22 Important parts about this moing request Involves Its 23 pet l—m And following that,perverts In favor of the 23 lmpact on traffic at trmsponatio.+ infrastructure. And 24 petition will each be granted an opportunity to speak 24 1 would Bile to ask If the Commdssloo hiss say cooums 23 Following that,persons In opposition to the petition will 23 about traffic,that maybe we took at that first as key PLARMO AND ZON1NO OCTODER 20, 1999 Page I •Page 4 2s. i i i Condeaultna Page 3 Page T l Clark is here to answer that amd 1 want to give the 1 m dority of Me Issues. The rat relate b specific 2 Commisskoo full time to speak with terry if there are 2 bmprovemeoti at spectra intersections and"are moving 3 any concerns that they have befog 1 add anything else 7 rapidly lowtirdi seschim the pe eeotaga of payment 4 or give staffs recommendation. 4 towards,of the developer words those Improvemmu. S M0.ENcELsRECNrt okay. We would like to S Obviously,If the State coma in on McKinney Street,wbkb 6 bear a report on where we stand with regard to the Issues 6 tome of you ban been on the bond eommince,and Improves 7 of the road and the bridge. 7 that fist,then they don't have to do any of those 6 but REED: 74e reason I bring this up Is 8 Improvements. Ben most of the other once are on City 9 Jerry Clark has a time schedule tonlght. 1 want to make 9 streets and would either hove to be done by&a develops 10 sure we have enough time if you have questions to have 10 or a develops that dewtops before then. Does that help II thaldiscussion. 11 you any! 12 MIL ENGELBRECHT: Great. Okay. 12 Mie Vnotsm;tmrr: Are these quadoos? Yes, 13 MIL ctAPLK: Members of the Commission, 13 Mr.Williams. 14 basically,weNv been working with the developer, The 14 Jut wittLVJtt I was in lad+land when you Is transportation Issues are not oomplacly solved yet but IS mentioned who would pay for the m0oo dollar britge, 16 1 think we're making progress towards those. We've 16 Could you repast that,please? 17 reviewed the traffic study,have done significant 17 a%ctaase The anal crossing of pecan 19 analysis,and 1 think w'e're working out probably of have It Crock is probably going to be a City arpenditure. 19 worked out 90 percent or those Issues. That's not 19 That's the one M the south end between Case 46 and The 20 completely conruned yet and that's why the conditions 20 Preserve and Oat mill be a mull-m Uon dollar bridge 21 are In your backup. 21 by she the k's all done b at Oat's essenrial to make 22 The major Issue involves the location or 22 the connoctioo. 23 where the secondary arterial is going to be and that has 23 at0.wtt.Lwats: okay. Is that currently In 24 not been completely determined. I can go Into detail on 24 the Engineering budget,Public Works budget? 2d that if you want or just tell you that that's still up In 25 ►u auoa: r,will actually probably end up Page 6 Page 8 I the air, The developer wisbcs to trove it outside of his 1 In a dminW budget The bridges have been shoved to 2 dcv'elopment and that would mote it to a route to the west 2 drainage. J 3 of Trinity or down Trinity Road. And right now staff is 3 MIL tvtLltAMS Currently, It's not a current 1 4 recommending that it be moved to Trinity Road because that 4 budgeted item today? S is where the cars will go lrtrmedialely anyway. We're not S Mil cLARx: it's not budgeted. So the 6 sure that that other route,where we will get no immediate 6 actual connection from Case 46 to The Preserve is 7 right-or-way,helps us and so we feel that these can be 7 several years off. So this mrthlsouth arterial is I worked out but they haven't boon u of yet 8 probably several years off which mans most of the 9 The lower end is contingent on the upper 9 traffic will come down either to McKinney or they'll go 10 end. Obviously,your toning Case 4 6,1 think b the 10 north up to 380 or they'll fad in on Mills and Bugg I i number. And if the road Is moved over to Trinity,it 11 Do you understand those rails? Are you up-to-date on 12 will use the same bridge as what would have been used 12 those roads? 13 with that most westem route and that is a shorter 13 MR E 10'.La "t Mr.'Nrlliams,does that 14 bridge and will actually save on the cost The City 14 answer your qL:$don? IS will probably be the one that ends up building that IS MR waLwa R krt me a little bit more 16 unless some other huge development comes Into this ecru 16 confused. 17 and changes the wbolc make-up of it You're probably I7 MR tKaEl9RECHT: All right We'll go on 18 looking at a multi-million dollar bridge to gel wont Is and then we an come back Ms.Gourd'ie. r. 19 Pecan Cmk there, So this move over will save sad that 19 Ms.0ot3R m ?bat's what I was wooderiry if A, r 20 will happen either at Trinity or if it's moved farther 20 you could show to a visual as to what you're talking v 21 west. 21 about. It Is confusing when you say moving It to the 22 1 think there's one other Issue. Ox of the 22 west versus where it's proposed. 23 positive benefits It Trinity is used Is it would be 23 MiL CLux. r should bave used this in the 24 upgraded immediately. It's kind or a seal-coat road, We 24 rust plea, I apolt2glu This is--the current u would upgrade It to City standards. 1 think that's the 25 ThomShfare Plan cells for it to either tome bat of 00 PLANNTNO AND ZONTNO OCTOBER 20, 1999 26 - Page 3•Page 8 C' Contloosolt°` PRO 9 pap i l 1 Trinity. Those options were put in In December of 1998 1 is the ode to the cart,Is it 2 so U look at 1 you your old Tborougfifare Pisa,l man,the 2 tmdivldual't:property and thAt gmllenun we do not know 3 existing Mobility Plan,as It's callad,it shove it 3 if be woidd give tight-of-way. 4 earning right hero through the development. The 4 ML MQtB W West,not east? 5 developer Is interested In moving It out of that 5 M8 OOURDIE rat sorry. West,caned 6 section. Tbey've already built the two lane up here 6 And because that's private property right now,I believe 7 and if any more lanes are built up bear,the City will 7 alt of us were very catcemed that this may never become 8 construct those 8 public.right•ofway and lids is why the Trinity Road was 9 This section,they want to have mere or a 9 cbaaat W the altemstive Mobility Plan objective. okay. 10 residential character. They've Proposed to move it over 10 So I'm•-so that's oil right now,so w'e're still on the i i be-re. I think we're right now lending to think this is I I old Mobility Plan because it'd been lying in wait 12 the better solution since there's no rightwf-way Coed 12 okay. That's what I needed to know. This is why it wu 13 up here and no developers contributing dew and no 13 very confusing to me. 14 proposed developments in those areas So we're thlakiag 14 Mx.CLAM- t'm glad you brought that up. 15 that this is the best route fer the tlsarolghfarc. 'ibis 15 That's a very good point 16 is the bridge that I was talking about right here. t6 MS OOVI Die: 7bank you. 17 We're also as one of the conditions asking that before 17 MR CIARA: Appreciate it 18 this development proceeds on,that this bridge be 18 MA ENOELOWK: Mr.Rishel. 19 addressed. 'ibis bridge Is a critical link to make sure 19 MR XSKEL: Does the property adjoin or 20 that traffic can come betwom hem and hero without just 20 touch The Preserve property to the south? 21 completely loading up these two rural mods. So they 21 MA CLAIM it comes tight to the creek and 22 have a significant amount or traffic earning here and 22 then obviously on the other side that Is The Preserve. 23 they'll have a significant amount of traffic coming 23 So right here,they're opposhe aides of the creek of 24 here. We reel this Is,as far as the thoroughfare,that 24 Poem Crack 25 this will be the best solution. 23 M0.DONAtt7SON: t believe betwnro them is Page 10 Pyle 1 art xtsnFL, those two fads are,what, I Carps of Engtnees land. 2 HUI and Blagg? 2 Hit 1wseL. so may doe's pbyskally Abut? 3 art aAxx vac,(his it Mips And mat's 3 trot Dorrntosofc OWML 4 B1eg04 4 Mx RMEL. okay. TWA yw. 5 acts Gomm t guess I'm perpkxod because 5 M&MELD"A m W.NrdLww. , 6 didn't we speedy adjust cur Mobility Plan at a previous 6 ►u wmttaats: Yeah I need to bar a 7 martins In wMeb we wrn going to cbange it to the middle 7 little bit more about mks Mob pity Plan dist hat 8 route that you're proposing winch U Trinity Mills? I 8 tomeming In do with mks property because I'm trying to 9 believe we had a big dieting about mat,didn't we? 9 find ovt—because what I hard was the Mobility—the t0 am ooxntoaoN; we had a brining. The 10 recommendation b based upon rbe approval or disapproval I I Planning and 7=tng Commission made a mocur odation om l l of Ws toning, And maybe I beard oral wroq; 12 met amendment. 7IM's oever ban taken fw*vd b 12 rat.a txtr: okay. Let me start ova on mat 13 Council pending resoludw of mks toning case, 13 On me Mobility Plan it outlines our gals for 14 bhskauy. l4 trootporiatioo fa me next- Is sat.ctwxrc; that's a good point IS Mk wit. Amt, t undmtand*bat a Mobility 16 acts ootm ir. okay. So pending traohrtion 16 Plan b. 17 or mks toning car,the recoowrcndatioo wasn't put 17 sal etwatc 1 know k I'm just Wag b 18 forward because we're wmlgrl on wbaes happening here. I8 fad Into k I Apokillite if dot was mat very- 19 Oh,wow. 19 sec wns.LU*& to odw wads,I dao't want 1 'A � 20 MR MRrE1LU *bat writ the rocedm Or&don? 20 to be bee till 2:00 o'clock 21 sts octntatr that we swircb die Mobility 21 art CIAM aura. 1f you Whitt to tbarya me v 22 Pius,*hkb origin ouy slowed the outer loop which went 22 MobMty Plan,*blot it require it U ameadmeoL What me 2$ along the like there,so the other dotted line which is 23 dt"loper bad proposed with tNs ameadawk wbm we came 24 Trinity Mills because it was supposedly economkolly 24 In we proposed that this would probably be the better 25 more!amble. The problem with the third rouse,whkb 25 solution and the developer was not to amend with thrit PLANNINO AND ZONTNO OMOBER 20, 1999 Page 9•Page 12 27. L . CondeostoTt"n ' Page 13 '��Pogo 1S I u the time and we are negotiating with ahem now. But the I have some Improvements to It t 2 offidd aatmdnteat has not proeaded oa If we go with 2 Ms.Gotitl M out this Is outside of the 3 Trinity,It was actually shown as an alternate and we'll 3 property owners,or the dcvelopmenl's propW a check with legal and see if all we have to do Is delete 4 MIL CLARKS it's outside the property owner S one of the two alternates. Ibis was shown as one S but If they run 1,000 trips a day,then we want to make 6 alternate and this was shown as anotha. This was shown 6 aura that we've looked st that carefully. 7 as the primary and thus was the alternaft We'll IN it 7 Ms.OM%DIE: And Is it In our ability to have I all we have to do Is delete that off and we really don't I them rut the road up to-- 9 have to have a heating or we may have to have a hearing. 9 )-A CLARRr To the amount that they generate 10 We haven't confirmed that yet. Once this issue is so the impact,yes,it Is. I t resolved,then we'll do it. But the amendment or the 11 MS.OOURD1E. okay. 'Ibmdc you. 12 Mobility Plan makes it official where the route Is 12 MA CIAnt And they have to bring it to a i 3 supposed to go, lr it's on Trinity,then this will go 13 minimum standard where It's safe. 14 down to Just like a residential strat and come off the 14 Ms.GOURDIE: Thank you. IS map. 1S MRENGELokwwr: other questionO 16 MA VIII MS: Okay. NOW,I've heard that 16 MJL MCNE W wbm was that resolution sent 17 this Commission made an amendment and It's sitting 17 forward to the Council? That was just after 1 got on 16 somewhere someplace. 19 the Comm£ss£oo,wasn't it? Wasn't that the last two or 19 MIL CIARX: They made a recommendation to 19 three months that that was here? And we had this same 20 the City Council. 20 discussion about shall It come right Straight down or 21 Tut vmuAMs: Okay. It left here and went 21 Shall it go west and that was th.,resolutim we passed 22 to City Council. 21 forward. Okay. Thank you. 23 MR C1ARK: It hasn't gone to City Council 23 MR CIARKr it was In tote August,early 24 yet. It hasn't been put on an agenda but your 24 September. 25 recommendation stands until it's either not pursued or 23 MR ENGELBRECHT: If we recommend••let's Page 14 Page 16 I City Council adopts it or adopts something different. 1 resume for a moment that the Trinity Road,since that 3 MR wnLLtAMs: Okay. Before 1 can vote on .1 was our recomrendation let's assume that's the route 3 thus, I'm going to need to read that amendment because I'm 3 that's going to be taken,what will be the requirement 4 voting In the dark if I don't read that. 4 of this developer with regard to that stretch from S Mx etARK: okay. I'll get that for you. S McKinney to the new Lakview Boulevard? 6 I'll go down and run a copy of it and get that for you. 6 MA CtARKr Tsar's also one or the things that 7 Nut.wlt.tLkm& okay. Thank you. 7 still hasn't been settled,what£rrtpact that--they I MR E%GELB0.ECHT: Ms.Geordie, I haven't sgrood on the Impact and what they are willing l 9 his,oomm. Are the roads Btagg and Mills 9 to Improve ycL Do you want me to tell you what we're 10 able--1 drove down them when 1 went through'his 10 recommending? I I property and they arc very rural,to say the It40 11 MA.ENGELBRECNt: Yeah I Want to know 12 'A lhere arc we going to send the properly while We 12 because I'm not at all comfortable with trying to move 13 these people • I mean,I guess what I'm trying to ask Is 13 any or that traffic down those little toads and then 14 build-out time versus t me for the roads,are We Just 14 over to Mayhill. That's why this whole plan was put IS going Lobe putting undue Stress on these rural roods IS together, Lakeview Boulevard and the deep was to--the 16 for these folks that live there or what ate we really 16 purpose was to carry that traffic from this area through 17 going to be doing here? 17 there. I a MR.Cum! They are very rural and that's II MA ctARR: we're t'eeom enditllg two Isnes be 19 one of the things that we're negotiating. I think It's 19 improved from here to but and that this be*be 20 Mills is the one that Is proposed to carry 1,000 trips a 20 I� ..ored,two Isnes of IL 21 day. The Impact on this one is mlrtlmal. But this one 21 MA MCtaab on your map there••excuse me 22 Is proposed to carry 1.000 trips a day and one or the 33 for interrupting-.on your map wbae is University,Ho 23 things that were--and that's one of the things that's 23 --McKinney,what's McK£noeyrh That'i McKinney right 24 not resolved yet is that we're not w an If we're 24 there. Okay. 23 going to run 1,000 trips a day on it that It shouldn't 2S Ma.DMETAREM. Jerry,when yo,my PLANNTNO AND ZONING OCTOBER 20, 1999 28. Page 13 -Page 16 t 4 Condtaseittst Pogo 17 ' Page 19 I Improved,arc you Wking curb,gutter,two-lane curb I Odd wt'mgoing to be all right with this if we get, 2 and gutterl 2 since It's eoodructed hero,if we ad this bridge to 3 MR.CLARK: Yea,two-lane City standards. 3 place and we'get the two tarns down to here because a lot 4 MR.ENOELBRECNT: All right Yea,W. 4 of their traffic will use their residential ergot. This 3 Rishel. 3 sort of traffic will food down. Some berg might come up 6 M0.RrsHEL: As you talked about the road 6 and use this. 7 that coma dawn from University south and it's cumndy 7 MA ENGELBRECtm well,right 8 two lama. Is that what you said,krryf 8 MR.CLAM A tot of their traffic,but then 9 MR.CtAR1:: Yes,two lanes from here to 9 it will come in hero and come to Mayhiil and come to 10 here. 10 288. A certain percentage of it Is going to come up 11 MIL RUSHEE• And you said if we wanted to I l here and use 380. If take that to four lancer,-rro'd near to do that on our own 12 MR.ENGELBRECB7, Exactly. But wt'rc losing 13 as a City. Do we own the right-of-way on that? 13 that link that they would have built two lanes right 14 MR.CLARK: Yea. There's 6u foot of 14 them? 15 right-of-way. 1 S MR.CLARK. Yeah. This link which would I6 MR RISHEL' Tbank you, 16 have been on that is not going to be provided far here, 17 MR.ENGELBRECIIT: Okay. Other questions? 17 So,yeah,we are losing that. 18 Well,I think that answers my questions with regard to 18 MR.RISHEL But It's a lot less bridge to 19 the northern link from McYinney up. Basically,what we 19 cross. 20 need is it condition that until that road is repaued and 20 MR.CLARRG Yeah,we are saving some money 21 that bridge Is built,nothing goes anywhere. That's the 21 wit:,the bridge. This bridge Is going to be between 500 22 way I we it 22 end 800 feet shorter, 23 MIL CLARK: That's generally what we're 23 MR.EsGELBRECHT: Okay. All right 24 recommending through those conditions that Planning is put 24 MR.CLARK: So that's going to reduce our 25 in the report. 25 costs. Tbac are two bridges this way but they're still Page 18 Page' 1 MR.ENGEL13REM: okay. Now going south, t sharer than the one that coma across here. 2 now we've got the other link of this thing. Now,right 2 MR.moasKECHT: And The Preserve will 3 there except is it now right there or Is it moved over 3 build up•• i 4 immediately across Trinity Road? 4 MR.CLARK I know now.I apologia 1 need $ MR.CLARK: if this is sieved and they really S to mention before,the real advantage which they've 6 have no impact then this becomes a residential stmt 6 brought up all along at this is a thoroughfare over In 7 This becomes a residential stmt and this will really 7 this Brea,over in this area.Is really saving••which 8 became somebody else's issue. This one will be••when 8 it's serving this area.It's better to have It in the 9 these properties develop,then we'll Be this section. 9 middle flan it is clear over on one aide. 10 You bad a zoning case come in I think for a mobile home 10 MIL WOELBRECHT. Yeah,and the bridge is 1 i community,that gives y yi some opportunities there. I I shorter, 12 MR.DONALDSON: Yeah,tbAt's gone away. 12 MR.CLAM, That's the major benefit we gain 13 MR.MELBRECHT, But that's the problem 13 and i think the benefit or Slat hoperully will outweigh 14 wiLh moving it over to Trinity Read Is Is that all of a 14 the loss we have here and also the gain we have from the 15 sudden that link right there now becomes a piece in 15 shorter bridge here. So there are sonic real positive 16 waiting,if you will. if we had taken the eastern 16 things in that I apologize for not mentionIng that 17 route,they this developer would have Eta required to 17 MJt ENGEURECtl7: Okay. Now,The Preserve 18 construct that link of Lakeview Bouiet srd? 18 will bring it up to wbem? r 19 MR CLAM: Right. 19 MR CLARK: The Preserve Is going to bring A, 20 MR.E7:OELBRECIR: Child I gd that other one 20 It up to right bore. 1' 21 back up there? All of a sudden you switched maps on im 21 MR,EMELBRECxT: All right 22 now. Thank you. 22 MR.CLARK: That's Pecan Creek This is 23 MA CLARK: Basically,we would have got it 23 Pecan Crack right here. 24 down to here but they don't generate the coed for this 24 MA RISHEU south of the creek. iS bridge but we would have had it from hem The thing is t 121 MR.CLARK, Yeah. 91st will stop on the PLANNMO AND ZONINO OCTOBER 20, 1999 29. Page 17- Page 20 t Condoaeoll"' Page 21 '..T.Age 23 3 south side. I say that,from PD 126 down to AS back In 1997, A 2 Mx.ENGELBRECHT: Yeah. So we have to figure 2 portion of.the►D remained and that was the north,in 3 out a way to get the bridge In and get that link doom in 3 portion and thel was for too-residential ulcer. 4 r:3 also 4 order to link that all the way up. 4 another portion was kept But the portion to C a north S MA CLAM Yes. S of this property is ror non-residential uses. 1 thi,& 6 MR mELBREcHT: And what's the estimate on 6 there may be some Multi-Famiiy,as well. 7 that little link,not the bridge,but the link of road for 7 MIL DONAIDSON: here's General Retail, 8 two lanes? 8 Multi-Family,and Light IaduMisl. 9 MR.CLAM A quarter million,just a guess. 9 MR.REED And it's important that I point 10 MR.ENGELBRECKP. ibat's to do it. 'that's not 10 that out because the concertt of the property owner up 21 to acquire the right-of-way? t I there says that they have concern with the request for 12 MR C[Altx: No,not to acquire right-or-way. 12 one-family dwelling,sFa,being edjacent to their 13 MR.ENGELBRECHT-, Assuming we love the 13 property,which has a Punned Development zoning 14 right-or-way? 14 designation. And often the Commisslon Is sensitive when is MA CLARK: Right 15 there's different residential zoning. In this case, 16 MR.RisHEta 1s there any kverage In that? I6 It's Multi-Family,General Retail,Commercial abutting 17 M0..CLARK: If the developer gave us a 17 what would be SF-1 for this request And I'm gotng to 18 601-cf way you could probably count that as a l8 pass this around. 19 kverage, '[here Is no Sate involvement on that The 19 And I thank Jerry Clark for going over 20 thing that the State Is talking about working Is working 20 transportation so eloquently. That I%or course,one 21 with the developer through a bridge program to try to 21 of the major issues of this zoning request 'Ile other is 22 get this bridge in place because the Sate would like to 22 its compatibility with surrounding zoning and its 23 we this in to help. They're aware or the congestion here 23 consistency with our Comprehensive Plan. Conoeming 24 and this would actually help some along••when 288 Is 24 those Issues,I'll address that we find at staff Level 25 being built relieve a little traffic,too. 23 that the request Is consistent And If you look at the Page 22 Page 24 t Nut.FNGniaREcHT: Arc they going to assist t request for the property on the south side of McKinney for 2 us with that larger bridge at this point? 2 $.S00 square foot lots and balance that with the remaining 3 MA ceARx: we have no often yet 3 property,some 410 acres where they're going for a mix of 4 31 R.MELBRECHT: okay. You don't have any? 4 sF-1,sF-to,and sF-t3,we rind that in total this request 3 Okay. All righL 3 offal a mix of lot sins and,therefore,provides 6 MIL CLARK This is an existing bridge so 6 something that is consistent with our Comprehensive Plan, 7 the program they have would put some money Into it. 7 as well as the 1999 Growth Management Plan and land use, e Tice is no bridge here.. $ drag Ind Use Plan. 9 3x0.ENGELBRECtrr: okay. Any other 9 As for as its compatibility,well,there's 10 questions? Tbank you. And you're going to get the•- 10 not much out there right now except for some single- I I MR.CuAMx. Copy for Mr.Williams. 11 family resideuoes on larger aaeage and a lot or oil, 12 MR.ENcELBxEcHT: okay. Very good. 12 And,of course,we don't control the property 4went 13 MR.•1LUAMS: thank you. 13 to the request whdcb Is already in the En so we do 14 MR.ENGELBRECHT: Mr.Reed. 14 find this consistent and compatible in to far as it can Is MR REED ril star ofr by correcting 15 be with existing lead uses, And 1111 point out that the 16 myself earlier. I did forget that we have received 16 developer is also..the applicant in US case is oleo 17 three responses from property owners. Two of them are 17 the developer of the Lakeview Ranch property whieb is is in favor. They did not write anything but they are in l8 the ere-acre subdivision with 1SS lots that's already i9 revor. We did receive one In opposition and It is from 19 out there. So 1 think he can best address how to this / A, , r 20 a property owner which is adjacent to the 072 request 20 compatible with oee•acre lots. I'll be happy to answer i^" 21 And if we get the document carters back,the property 21 any questions. 22 owner owns property up here. And,basically,let me show 22 MR.ENGELSRECHT: Questions.Commisdonera? 23 the zoning map also demonstrates that that particular 23 It appears not st this time. Thank you. Is the 24 property located up here Is in ►D,326. 1 had mentioned 24 petitioner or peddoar's representative present? If you 13 earlier that this property was down-=44,if 1 could 2S would give is your name and business add rea for the PLANNINO AND ZONING OCTOBER 20, 1999 Page 21 •Page 24 30. c Coadenselt°` Page 25 •Page 27 ' I record. I of engineer property over here. Again,it does have the 2 MA.SPAIN: My name Is Paul Spain. Buslren 2 highs zoning to the north of it And to the south of it, 3 add us Is 700 Lakeview Boulevard. We're the only ones 3 it bat property that was also part of the original B ass 4 out these,basically. If I could start out by telling 4 and has patio homes and five and eight unit per acre 5 you about our first phase. The entire project is 735 S residential zoned here. That's the reason for the 7,000 6 acres. The first phase which we are developing out at 6 square foot request here as the minimum site. Because of 7 Lakeview Ranch here that you we Is 157 lots on 773 7 our neighbors,as they develop,we're looking at 8 acres. A huge fast phase,all lots one to five ecru 8 industrial multi-family on one side and Intensity of five 9 in sin. In that project we have started on the amenity 9 to eight on the other side. However,certainly if we are 10 center and we've started on the entryway off of 380,wr've 10 successful with what we'm proposing and developing know, I I paved 1,000 to 1,200 fat of entryway off of 380 to get I I wr wilt continue doing so. Again,this is a minimum. 12 the address on 360 and get the look 12 With the zoning around us,we feel like that's a good land 13 The amenity center,sales center is under 13 use. Tract B is me tract paralleling A.Spotted trees L4 construction now. As you see,it has very much of a ranch 14 up In this area. It goes along the crock,originally 15 fat. That's under construction about 2,000 square fat. IS planned for one creek to go down the ndddle and basically 16 That will house a pool in the back for the community, 16 reflect this,which it may,In fact,do. We've requested 17 community rooms,kitchen,restrooms,and also a sales 17 on that some 84 acne SF-10. Another part of that tract 18 office while there is sales going on out there, i8 is a 15 acre parcel down here which goes along the creek 19 We also have plans for the rust phase, 19 and is awfully alirutive. 20 horse trails. We've met with FA several times and since 20 Tract No.C is probably the prettiest,it's 21 we back up to;hc Corps,we'd like to turn the dirt bike 21 just under 200 acres. It's pretty heavily wooded,the 22 trails into horse tree!%and have a little better. We 22 corps is ova on this side. The creek running along the 23 do have Some of the lots deed restricted so that they 23 north side. It have various owners on the west,mobile 24 can have horses. Some of them are Iarge enough too where 24 home parks,tractors,old cemeteries,and then the organle 25 you could go out the back of your lot directly onto the 25 farm here as it swings over to the east. But from this Page 26 Page I Corps land and ride and tie into lake Ray Roberts. It 1 part up,it adjoins the corps and Is a solid lot of woods 2 would be really beautiful. If I could walk through the 2 and it's just gorgeous. There's quite it bit of 3 project sort of phase by phase bocause It's awfully large. 3 topography. Again,that was one of our original reasons 4 I'm not sure,who was the letter in opposition from? 4 for wanting the zoning moved over, In this area,we have 5 NIA,INGetknReCHt: Mr.Bullard 5 came up with a plan for it. We have planned two lots per 6 NIA.SPAIN: tie's our neighbor to the north. 6 acre on this property beam of the topograpby. We feel 7 Mr. Bullard actual ly grew up right in hero. 7 like the lots have to be larger to save the trees where 8 NIS.GGUante: Mr. Spain,thank you. That's 8 the lots are platted. We roll out of that into panel D 9 much better. 9 which is pretty not and has a water tank. We have a plan 10 slit.SPAN: Park of the original Bass track to there to give to the school system,a school site for an 11 was north of our tract and it was a higher zoning of I i elementary school,12 and a half acres, They've requested 12 Retail,Multi-Family and Industrial. 'Ills land for the 12 that it have a park next to it to we are also going to 13 most part Is not other than it has some mesquite trees. a give a park two and a half next to ft,so the school site 14 Mr.Bullard also owns over here to the west. He worked 34 will be IS sera. is Cooperatively with us to give us the right-of-way. We Is To the north of that--although panel D we 16 built the road and put in a water line and he allowed is 16 are requesting 7,000 square foot lots between the school, 17 to do the landscaping, put up a fence to really improve I7 the park and then what Fd would like to do with the rest 18 the area. He's been cooperative. The property adjoining 18 of this right bere Is have a community-wide park and that r 19 that would be parcel A is about 81 acres and Is basically 19 may be in fact a part or the bond elation which we really k 20 treeless. There are a few trees down bete in this Corner M supported. ! � 21 and some over here along the crock For the most part 21 If you cross McKinney you run into the other 22 it's pretty not and wide open. Again,It was our 22 piece down here which we haven't explored as much. it's 23 intention that Bingg Road would be eliminated nnce ii pretty overgrown,but we did karn from Weldon it used 24 Appaloosa is put In. This place wee call the enclave 14 be a motorcycle trek and they put the tires at the edge is because It's tort of a private little area. It has Cxvps 25 of the tunes. We thought somebody wits dumping tires out PI.ANMNO AND ZOMNO OCTOBER 20, 1999 Page 25 • Page 28 32 , a, t a CondernSeltt'' Pogo 29 �` 4ago 31 here by the twusends. h tamed out ma; Suva ming 1 Parcel C which is just under 200 sores to the sort of l v. 2 those for stair anataeyeb tract But we 6aveo't expksed 2 of our of the property. Pared D Is 51 earn will have 3 cols,shbugh you can sae It's a little woo The 3 the school tltd north side of McKinney. And then parcel o ded 4 toposaphy is fairly flat. It would be a nice E* 4 E which is our PD. S community with the carps no the tuck south side. So we 3 MS.Oot1N m Yhank you. 6 plan barn that would allow an am when you would have 6 MR ENOELBUCHT: W.Morena. 7 people that didn't went a lur lot would&Dow somctdng 7 Met MORENo- Ycs,sir,Mr.Spain. Have you S more malatslaabla,again,dead restricted,40Y S seen this letter or fax from Mr.Bullard? Mike,Is it 9 controlled,mere open space in the community. 9 appropriate to share this letter with M.Spain? to In the overall 735 acrd,o"erall dmsiey of 10 Mr.Spain,l'm not sure what he's&king far here. I'm s l 23 units pa acre,co Commercial,to anaebed housing, l l having difficulty understanding his argitwion. I would 12 an single family attached toning. As we did this pian, 12 like for you to kind of Interpret that for us if you can 13 as we came up VAIL K the one thing we did is we bad 13 or if you have a betty understanding than I have. IT is public baring+in the community so sae what the community 14 give you a moment and be quiet 15 fah about it ail. Our lust one was the northern Is MA SPAIN: 1 think be's asking fa A 700 fat 16 section. The second one was for Ike center section of to 16 buffer of one sore Ions••Isn't that right what it says? 17 property. And die third was fur the southern section' 0 MR MORENO Tbat'e w'bat 1 think it says. I6 Mark atendod all meanings. We had anywhere from 2C,25 Is What's your reaction to that? 19 people at the various coatings to basr what their thoughts 19 M0.SPAIN: It's normally the other way 20 and concerns were. And I don't believe we hid soy 20 around. 21 opposition to any of them. We a d with the neighbabood 21 MA ENGELBRECHT: Do you have any other 22 and I think we bsve their Support We are missing some of 22 questions? 23 the owners in that neighborhood. h4.McNcdt bas Came 23 MR.MORENU No,l just Wanted to sec if you 24 sgain. She's one of our nelghbon oav here on this 24 were reading it the came way 1 w&. 25 ploce. The other Mr.and Mrs.Yotoa are one of the Iva 15 Ma SPAIN: He is cOnoemed that as people Page 30 Page 32 1 houses bye that are in the middle of the project. And I move into our single family,they won't find his 2 Mrs.Wilkerson and her husband live up here in the comer. 2 industrial or multidamily as compatible as neighbor. J 3 We've tried to work with the neighborhood on all the 3 MR Mow*. But going to the lwp I,h, 1 4 different issues that come up as we dcvelop In the area 4 would make it worse,I would think 5 and hope that we have their support. We'd Certainly be 5 MR.spA1N: *a would be my perspective, 6 open for tiny other questions. 6 MA MORe*. olmy. Thanks. 7 Met ENGLLBUMC Commissioners. Ms. 7 MA ENGELBREOM Mr.McNeill 8 Oourdle, a MR.MC`fEIU In response to Commissioner 9 NIS.GOJRDIE: au.Spa n,1 guess I'm I little 9 Oourdie's quadoo. What we're wosidering tonight shows t0 perplexed,could you just clarify,again,for me one more 10 •-the rust item on the Agenda Is Case 46. That's jug A 11 time,the notthent half of the property,right above the t I smell place dawn at the bottom. I2 phase 1,you said that they would be SF-Vs which would be 12 MIL SPAIN: ExCM me. 7118t Is right lbey 13 abutting the PD to the north of the properly which would 13 do have 46 first 14 be followed by a tarot right undernmth 14 correct 1 14 MIL Mamitu hut's the only thing we tae IS believe that is th+•.what was the zoning on Nat? IS considering tight now. 16 MR SPAIP: Five to eight units per acre Patio Id MA sPAx is is confusing. I Apologize for 17 homes. 17 NIL Bemuse of the different TD versus straight caning I t MIL DONAI.DSON: that's a remnant of PD 124. 1I we had to separate that r 19 Mx NISHEL Someone else Owns Nato 19 ML MC NEILU net roe follow-up on that then. A, 20 MIL ENaELBRixim. Night 20 In your dewing there,let IN sec—*,VW sae where 46 IL 21 ms,00uRDtE: I guess is that part of what 21 Thd's this plea right there. 22 we're discussing tonight? What exactly are wti discussing 22 MIL SPAIN: it's just north of the ask 23 tonight? 23 MA MCNEtLU R4bL And the bleu Is the lake 24 MN.SPAINN: we are discussing parcel A which 24 out bete to the right? 25 Is to our north and east. Pucel B,95 at our wad. 25 MIL SPAIN: Yet. Okay. PLANNING AND ZONING OCTOBER A 1999 Page 14• i Mtge i2 32. r Condmultrac Page 33 ' Page 35 1 sat Mamjttu okay, But It will be wmpau'bie 1 ■truly unique area. We're up here tart or in a hidden 2 with oe rest of your devcloprneat Thaws oat anything 2 area,Port of town. To get people here,we're going to 3 special about 45,is tbere7 3 have to Have Something special. And we've got to save 4 MR assert m's just on the other aide or 4 the treca,which people have,and create an opts spar 3 Trinity. 5 which they like,and have a community In which they wit 6 sot mtLartmn: Mr.RhbcL 6 drive a little farther to go to. And that's what we're 7 sot xsmss,, would you,while you're talking 7 la the process of trying to do. S about Oat parcel and D above she,show one the access to S MR WILLIAMS: Thank you. 9 the-or potential access to the Carps property. 9 NIX FNGEt9RECHT: Mr.McNeill. 10 Not.&PUN: what we ulked about wire Ed is, to Mx MCNETW 1 forgot to mention that h 11 again,we have the road—our Intevior theme road,for a 1 I wanted to thank you for the permission to go to bed 12 lack of a better word,meanders up In here and then 12 before 4;00 lad week. 1 thank you for volunteering to 13 follows the road. But right in through berm it coma 13 move to this evening. 14 right through bas,to school would be on this We and 14 MR SPAIN: My pleasure. 15 men Ed baause—again,the toptgnpby 6 great on h. 15 MR ENGusucKir: Other questions? I've got 16 This would be a great locative for soccer fells,regional 16 Several. The issue of the access to the Corps lend,I'd 17 things. Be was also Uniting wire our enccuragearent shat 17 like to better understand what you and the Parks IS It would then give them access Into the corps,Into the 18 Department arc talking about,a number of acres of your 19 lake,which we've been over in Onpevine end Southlake and 19 propel ty or simply just a small access area to get into 20 they've made ornendous use of corps property for a dollar 20 the Corps areal 21 a year. They have prat bike trails and all soar of 21 MA SPAIN: What Ed has shown an interest In 22 other uses. We just thought that would be a grit 22 Is including,which 1 think Is pan of the bond elation 23 sMhloo for the City of Denton to gd to the hake. So we 23 for the parks,was to acquire some 20 to 30 acres here, 24 supported that and encouraged 14 teat we would—thought 24 basically the remalnder or the cast side of the road up to 25 that would be rally good lot the community. 23 the trees,up to the Water,the water tank,which would be Page 34 Page' ' I FIR ENGELBRECNT: Mr.Williams. I this area, 2 NIP.WILLV MS: lust to keep me happy,when you 2 Me ENGEISttEm. okay. And that would be all 3 an example,say football fields end not Soccer fields. 3 the way down and abut that little park that's shown on the 4 But,Seriously,the question Out i was wanting t0 ask you 4 map now? 5 is,basically,your philosophy in retards to amenities and 5 MR SPAN: Correct, 6 In your SP-5.3 Brea, You made a very general statement, 6 MR FNGELSREM, Okay. 7 1 would just like to know your philosophy about the 7 MR SPAIN; So you would essentially have, a amenities with those smaller lots, S if you Were driving Into the project from the south,you 9 MR SPAINr Poople with smaller lots may not 9 would have an elementary school on the fight and then a 10 want to maintain a large lot,but they still want open l0 30 to something acre park that could expand into site i I I space in their community They tend to want it in areas I t Corps right behind It- 13 in width they can go to v 4.4 and enjoy,whereas not 12 MR ENOELSREM: All right And they've 13 having to mow on their o A. So we have put that 13 talked to you about purchasing thwt and prices and all 14 dawn there Which allows us w the-clop a Smaller lot and 14 that Sort of tWq and you're aware of all that? 13 put In open spaces throughout the community where the I5 MR SPAIN: Yea. 16 residents can use. And with Pecan Creek on the South, 16 MR ENOELaRECHT: okay. You did not mention 17 that's a great public area. They would be able to go up 17 !n your report anything about work you'll be doing of is Pecan Crock and tie into the lake. It has great potential 11 plan to do,and I know you're still In negotiations,but r 19 for recreational Walking,jogging, We thoughl this was a 19 that's my big concern,the road. We've got to get the A 20 great arcs for that. Plus it allows to s wide vP-lety of 20 folks acirm here and whet are we going to do about 21 products end lot sizes, We'll be offering anywhere from 21 Trinity Road and the bridge? Not the bridge to the 22 $,S DO to rive-acre ho4 which gives us a rest marketing 22 South,I it=,that's ours. But the bridge to the north. 23 advantage. 23 1 went out there and drove thr Y* it end I know where 24 But our philosophy on the developr rent is wv 24 you're talking about across the creek there. 25 have to, in order to be sucassfut,offer the home buyer 25 MR SPAIN: lire only problem with the bridge PLANNING AND ZONING OCTOBER 20, 1999 Page 33 •Page 3f 33. t I I i Condensell" Page 37 Pege 34 I to she north across Paean.Clack Is a million and a t houses,which means that's half the lots bearing all the 2 quarter dollars. teat Is dse only preblet That burden 2 costa for the area, So It's••%fiat we're trying to do is 3 on us doing low density Is eateese. Our eat In Phase 2, 3 got with the Highway DepaRmrrst,Come up with other ways 4 our cost Per lot Is up 50 percent because of mat bridge. 4 of funding It that are more attributable to the general 5 So we just we understand the bridge h needs& A 5 area rather Ilium just our project 6 million and a quarto is a lot o/dollars. Thut's vAy wo 6 MR ENGEURECHT: Okay. Thee appears to be 7 have gotten with me Highway Dcyutment,Cos ve gotten with 7 no other questions. Thank you very much. Is there 8 the County,and we ue try'ng to push an alternative 8 anyone present who would like to speak in favor of the 9 funding ror that that we an dm 4 petition? Anyone present to speak In favor or the 10 MIL ra'oetaxeon:okay. So,basically,we 10 petition? In that case,is there anyone present••oh. 11 just—that's all talking no.v. We don's—you're l I Come on down. If you would give us your new and I2 aegotladng with them or discussing with tlxat but we 12 address for the record. 13 don's lute any rum plan. Nobody bas a fum plan at I3 Ms,MCNATr. I'm Ms. McNatt arM my property is 14 this point U adjoining the development. And I would like•-%fiat 1 I$ Ma smart; eight 15 would like since we're talking about Trinity Road,me, 16 ms,Emma team: that goes to the bridge. 16 they have abandoned the road south or our property, 17 What about Trinity Road? 17 Trinity. And then they're trying to abandon Blogg Road Is eta,sruar: we just and with ferry about a I e that goes right In front of our hour We would like for 19 wok or so ago and he told us about the need to improve 19 Blom Road to stay open because c dk traffic from 380 20 Trinity. Our traffic englnoers kit us that Trinity N 20 comes down on Blegg Road and god onto Lakeview. And 21 Its present state,that our rod,our theme mad through 21 that's what we would like to ds is have Blagg Road stay 22 our project and Trinity will handle a0 One traffic In the 22 open,not abandoned,becau-: tic either have to go up to 13 area. The Cason being Is because If you look,this Is a 23 University to get out,or go down to Trinity,east of our 24 peninsula down]Kra It doesn't go anywhere and won't 24 house to go north. And that's the way we'd have to do it 25 until the concrete bridge is in. Nobody con-"here unless 25 They've opened it up right now to we can get through. But Page 38 Page 40 1 they're going to this area. People going out go west and 1 construction Is going on at University In Denton. 2 they go north. Anybody in our prof act will take our spine 2 MIL IENGELSAECHT; SO YOU Can go west on 3 street and go north or they will take McKinney or Mills 3 BIagg Road? 4 and go west. Our people wou't be using Trinity because 4 Ms,MCNATT; Yee. Take Blagg and get on $ it's parallel and it doesn't get them anywhere, We can 5 Lakeview. And that Is the only thing,only objection 6 fell you the quickest ways In and out Is west and north, 6 that I have Is to keep Blagg Road open I mean,that'. 7 So we hew that request and%e are analyzing now whether 7 what we would like. But ail the other,we are In favor 8 we're better off putting the road back onto our project, It of all that, That's all right with us. 9 which we don't want to do. But to put in two land down 9 MR WOELBRECHT: All right, Have you 10 Trinity means we completely remove all of Trinity In its 10 talked to the developer about BIan Read? I1 current location. We'd have to acquire the sightroFway 11 Ms.MCNArn Talked with who? 11 to widen It and I'm not sure that we're up to the task of 12 MR ENoralu CHT: The developer,Mr.Spain, 13 snaking all the neighbors angry at us because It Certainly I S have you talked to him? 14 would. And that's a big cost for a road that our 14 W.MCNAT . vest,and they've got it open 15 residents will not use. Our traffic shows that our rotd, IS now for ter. But ht's°I don't know how long it's Id which we will be Improving on our property,and have even 16 going to be open. We want it we'd like for it to be 17 offered to do so In a larga state then needed,plus 17 permanent,but just whatever,I:would be so much better Ill Trinity will be adequate to carry the traffic. it beat foe the traffic that all goes through them, , 19 But,again,that's,you know,that's our 19 kk£NGELBREM; W.Civic,the City A, r 20 discusslons ongoing%ith traffic, Bul those are our 20 engine is bere and we'll ask him to addreu that issue 21 thoughts on it That It's an awful expensive thing to put 21 about how they have that planned because he'll be 12 cA us to do. And,again,all these eau make developing 22 looking ova that krry,do you want to come down and 13 low density exBxnely hard bm se there's just mot a lot 23 talk about that for this good lady? 24 of lots to average it over. We are at hav the traffic 14 Ma cLux. Basally what—there's four 13 projected for low density Cleve poo nt and that's half the 15 lots that have been platted aorou BIt"Road and tight PLANNTNO AND ZONING OCTOBER 20, 1949 Page 37- Page 40 34 . i 1 4 CondenwItm Page 41 ' Page 43 1 now I think there's on amending plat. Is that correct? I MR.DONAUMN: she's that parcel right 2 Are you going to do that amending plat? 2 there. 3 MIL SPAIN: Yea. 3 'MX WSHEU Thank yea. 4 MR mm. 7bey're going to do the amending 4 MIL Buct:x, Let me refresh your memory on S plat that dissolves those four lots so that Blagg Road S bow this works. Any public road can only go away Ihroy 6 can Stay In abspe for awhhte. But If they put the four 6 the abandonment process and the abeadonments would go to 7 lots back through another amending plat or whatever It 7 council. And then based on the abandonment,then they 8 takes,eventually Blagg Road would go away. So if you 8 would do their amending plat,once the Council abandons 9 ••an amending plat,basically,it does sway with some 9 that road. So them is a time for public Input at that l0 lots. What that allows Blau to do to stay open while 10 point. I l other roads open up In the arcs. When other roads,other I I MA DONALDSON. That has been abandoned 12 transportation avenues open up In the area,they Blau can 12 already. 13 be shut down or when ycu review those and if you don't 13 MR.BUCEK:oh,the part you're talking L4 want it shut down,then you make your recommendation at 14 about? is that tame. But you'll get two more looks at It. No,You Is MA.D04ALDSON: In order to plat it all, 14 won't get the amending plat. Would they get the one that 16 We've been talking about doing an amending plot and put 17 coma back after that? Would that just be an amending 17 an easement on there just to allow relatively Informal 18 plat again? 19 access across those lots. So once the alternative road is 19 MR DONALDSON: it would be an amending plat 19 in place,then there will be another amending plat to 20 again. 20 remove the easement. 21 MIL CLARK! Well,I guess If you want Blagg 31 MIL BUCEK! So right nOW It Is just a 22 Road to slay open,you better talk about It now. But we 22 private right dial McNatt has. The public right to use 23 don't see •• 23 Blagg has already been taken away. 24 MR.ENGELBRECHT: would you put that map 24 MR 3NCELBRECHT: Ms. McNatt,do you 23 back up there so you could•• 23 understand what they've Just said W you? I don't. Page 42 Pa$e I MR RIs11EU lbe mobility map. I MA DONALDSON. Ms.McNatt's daughter does 2 MR.INGELSRECHT: show us where the McNatt's 2 MA ENcimexeCHT, okay. 3 are at on Won Road. Obviously,they have to have a 3 MA SPAIN: when we had the public hearing 4 way to get in and out so something will be done,but 4 for the abandonment of Blagg Road,Ms McNatt and some 5 what's the plan? S of the other homeowners came in and said,l need a way to 6 Ma CLARK! These are the lots,the four lots 6 get out. It wu my understanding from that mating that 7 that go across this road. Two? Okay. There are two lots 7 1 couldn't abandon BIagg until I built my other road 8 that go across the road and,basically,those will have to S going to Trinity which gave dzm a way out. There was 9 be done away with to keep Blagg Road open. if you look at 9 some confusion with our plans and what we have to do 10 the Mobility Plan,Blegg's up here,that little section 10 now. So we removed the road They,again,voiced their 1 I right there. It's right there, And you've got other I I concern of rat-acau and we replaced the toed We am 12 roods is the Brea, 1 dtlnk this connects in eventually. 12 replotting Iv 0IOU to give an easement,continue to 13 Doesn't It connect them in down here? 13 have Blagp Road go to Wteview until the new road is 14 MR.DONALDSON; Trinity goes north to 380 14 continued into Trinity,which wadd then give the 15 but it's ban abandoned. I S residents In this area direct aooess to Trinity west and 16 MX c1AKK! t guess what they're talking 16 south. So I believe it's been addressed. 17 about,u we look at their map,Is that these folks arc 17 MIL ENOE'L1tRECHT: So When you're finlshed, 16 kind or Just limited to tier;ra+d her:. (a:,'t they go•• 18 they will still come onto what used to be Olsgg Road? r I9 this will be opened here,won't 14 to they could come in 19 MR.a►AtN: When It's rinished therm will be r t { 20 and go through the subdivision to get out to lore? Would 20 road,Appaloosa Way Which will cut through here and tie / \ 21 that be there, Mark? 21 onto Trinity. It will be more of a scent rnllectar,I 22 MIL DONALDSON: Ven Parcel A Is developed, 22 guess,because anybody in two area Could use It to go to 23 then will be a connecting road front Lakeview to Trinity. 23 Trinity to Lakeview Boulevard directly. m When that Is in place then Stagg could be abandoned. 14 Mkt DONALDSON: Without going on 3110. f 23 MR. PIS HEU And wham does Ms McNstt 11ve7 23 MR ENOELBRami Yeah. My point being PLANNING AND ZONING OCTOBER 20, IM Page 41 • Page 44 35, t I Condenaelttu Page 45 •. Page 47 I right now they evidently have a driveway on Slagg Road. 1 1 by doed,has bought the majority of the property. They a, 2 mein,their driveway Is right dam onto Elsa Road. So 2 also have err commient up to the 537 contour lute which is 3 when you're fiintshed,there will atilt be plece of Die" 3 generally defined on all of our plats and everything where 4 Road,their pavement there,and they'll tame out on that, 4 they've Soot out in the field and located It. We cannot S go down to Trinity,and than up to Appaloosa and ouL 5 do very much In that elevation line which is basically the 6 Okay. 6 100-year floodpialn or higher for the lake. So we are 7 Mx.SPAIN: Yeak t think we're very much 7 restricted by that from there and all the way up Coops A concerned also about getting them out so we want to be S Creek and also our south end which are out main flood 9 safe. 9 areas. So our engineers will handle ail of our on-site 10 MA ENOELBRECIrrt 6o right now they're just 10 drainage quite adequately. And,again,that was one of 11 coming in from the west. There's an easement you're doing I l the reasons we liked the center part with the low 12 over on the west side to they can get In somehow. 12 densitles because we plan to keep all the creeks open. I 13 Fix SPAN: The easement to on these two 13 think we have to come before y'all for approval of that 14 Iota. We arc currently platting to try to sell those 14 but our plan is to keep••there's three or four drainage Is lots. Those lots arc huge. 15 ways through time that we plan to back lots onto,have 16 MA ENOELBRECIfr: Mr.Williams,did you have 14 parks onto,maintain them But we're not planning any 17 any•• 17 major reclamation in the project. I B MR.WILLIAMS: No,he answered my question. Is ML ENOELBRECM Mr.Rlshel. 19 Ma.ENOELBmm: All right Is there 19 ML RISHEU to other words,you're not 20 anyone else present to speak in favor of the petition? 20 filling Into anything that was currently the 100-year 21 In that case,is there anyone present to speak in 21 floodplen7 12 opposition to the petition? Yes,ma'am. Would you give 32 MA SPAIN. Correct 13 us your name and address for the=rd,please. 13 MA PlSHEta Thank you. 24 MS,oteus: rm Cecihy Oibbs and 1 :ivc 24 MA rNGEt81tEClrr: That being the end of the 25 presently on South Fort Worth Drive. I work for the 25 rebuttal,the public hearing is closed. Mr. Reed,do you Page 46 Page 48 1 University of North Texas In the School.of Communications I have any final staff mwks7 2 on Environnmtal Education and Projects. My concern is if 2 MX REED: noes anyone else have any 3 Oils is going to bachp to the Trinity River and the 3 concerns about the comment or the concern addressed by 4 floodplain,what is going to be done to ktcp from those 4 the lady and how,what—her concern Is about existing S properties flooding in the future? We ah tady hate a S development on the west side of the Loop of what 1'd say 6 situation that the City Is involved with tit•developer, 6 is on the inside of the Loop and how this development 7 and the Mayor of the City of Denton involved with the 7 would actually occur? Them's a big difference between e developer that built in the floodplain on the other 6!de, 8 those two. We today have regulations that clearly 9 the west side of Loop 288. And the people are not happy 9 handle that type of development close to the lloMptain. 10 with the apartment complex that is built there because 10 The development that she's talking about occurred back 1I every time It rains,they have water In their opmtments 11 when we actually didn't have them stringent standards 12 and they have rats and everything else. And they are 11 Okay. 13 real ly having a problem with this every time it rains 13 I'd just like to point out that the mini 14 because the developer did not build the property up high 14 Case 2.99.046,the 47.3 acre property on the south side 15 enough and the City allowed him to build in the IS of McKinney Is a M You will see a detailed plan come 16 floodplain. And that is my concern for that, How Is that 16 back for that a ft's at list time that you'll approve 17 being addressed with the developer? 17 the exact site design of tle property. And a 1 16 MR ENOELBRECHT: We'll ask•-we will I I Indicated In the staff repot+,mcent eats for ,Mahler ,r 19 address that In a few moments. Thank you. Is there 19 IOU with PD inning designation have had some co"tions A r: 20 anyone else present who would like to speak In 20 but we've done that at the detailed plan stage because 21 opposition to this petition? Anyom else present to speak 21 it Makes sense to attach couditloot specific to a rite 22 in opposition? In that cue since there was cpwo itlon, 21 design a opposed to a small concept. So I just 23 the petitioner has an opportunity for rebuttal. 23 wanted to point out UW you will we a detatkd plan 24 MIt SPAIN: we note that a a concern and not 24 come forward foe that plea of property. 25 opposition. Because we're a4ioining the Copt,the Cape, 15 Contrary to thal on the remaining 410 acrd PLANMNO AND ZONING OCTOBER 20, 1999 36 Page 45 •Page 48 c { l _ CoudonwIt"r Page 49 1 tetwm ust so and 426,Is It,or between Uslveraity and I transportation Issues,they can't pour any wncrete cut J McKlo icy,that G for i raight toning. The conditions 2 there and start building. o 3 that staff pas anacbed addtases the concern of me 7 'iAX REED. Act Idly,It says that the 4 eoccentradaa of traffic and the adequate facilities to 4 building permits cannot be issued. S bandle bW)c gaKrated by mis dmicl rout. We Mall S MR MCNEILI.r Right,Curvet be Issued. 6 his 64 to sttacb the eoodidoos that we've stated in 6 MIL KEFA: A plat can be approved and roads 7 our sWtreport. We feet that she request Is consistent 7 and other public facilities an be put In. I with our Comprehensive Plan. And we recommend approval 1 MA MCNEWLA Okay. All sight. I don't 9 with the conditions attached. 9 have a problem with that then. Thank you. 10 mx meLbRac T: w.McNeill. 10 MR D*FLBRECHT: Yes,Mt.Busk 11 MA MWFILL I bad I g11011600 err your I 1 MIL EUCEK: 1 don't Want YOU t0 lose tight 12 recommendations here that's in our backup material. I'm 12 of the fact that the Smith tract that yea had here the 13 confused that waive gat to may ors and plans. What 13 other day,they don't sgrce with what our opinion Is, 14 Is the 1998 Denton Plan Policia7 14 We believe that on the detailed plan we can make them IS MIL REM The Dentoon Plan Policies are 13 kind of changes. Their argurnrnt to you was that if yt,u 16 attached to the staff report and they're Enclosure 6. 16 didn'I have it In the concept plan,you weren't going to 17 Enclosure 6 lists the policies wbicb were adopted back 17 be able to change it later, Remember their attorney was Is In 1998. It was the last quarter of'98. 18 here. So Just to let you know,it's not an open and 19 rut ma4vLL okay. Sheri my second question 19 shut Issue with W. And to certainly the Issues that 20 on your conditions,number one and two I'm talking about 20 Mr.Spain had mentioned about all the open space that's 21 the 46 now,if tbls Is going to come back again,then%by 21 going to be In the 5,500 square fool lots,that's an 22 arc we purling these restrictions on there It this time 22 £slue that you wait to the detailed plan and there's 23 about the bulking permits and the roadway components and 23 always some concern on the legal staff if Mr.Spain sells 24 to fordt7 Wpat's the bgisdce of putting(hat on at 01 24 out and the next developer,will he take the Art Anderson 2S point Instead or waiting until the detailed plan coma 25 approach on the Smith tract that you don't have any say. Page 50 Page 1 back? I So you've got to be comfortable with what you do on th6 2 Ma REED: This right here does not tie the 2 Issue. 3 developer down to a eondit£cn which restricts his exact 7 MR.ENGELBRECHT: Thank you. Mr.Moreno. 4 site deign. These conditions address the overall 4 MA MORENO. Yes. Mr. Reed,I didn't fully S property sum. As he mentioned,this is part of a S understand Which development Ms.Gibbs was speaking to 6 property which has-•excuse me for hesitating••some 6 that was having Use flooding problems. 7 100-plus acres. 117nert we have a huge development at 7 MR.REED: I believe she Was referring to a 8 this,the city her the opportunity to look at It 8 properly that's not even adja xnt to tilt property here 9 comprehensively and address the concems or adequate 9 but is on the Inside of loop 288, I believe Jerry Clark 10 transportation facilities. 10 knows the apartment complex that she is refar£ng--the I l We actually did this for The Preserve,W. I t Singing Oaks-•Spencer Oaks. And they're Immediately 12 McNeill,which was prior to your term hoe on the PRZ 12 adjaomt to the Loop,&='t they,north of MctGnneyl 13 Commission. With The Preserve,Which was a PD,we 13 MR PNOELDiURM R's across from the power 14 actually attached to the zoning an improved 7u wMch said 14 plant. IS that m each tract developed,certain transportation Is MR.MOKENO: That's a fairly new I d improvements would be made. And,again,roc large 16 development. 17 developments we're able to look at the overall Impact It 17 MIL REED: Okay. 1 wu referring to 18 Won our transportation facilities. Whereas,when we Is Mil Momo. And t thought that's what she r 19 have a small tract,say, 100 acres which has a frontage on 19 was talking about so 1 didn't understand why the A, , 20 one road of maybe two roads for short di stances,We 20 standards were different Just a yea or two ago Ilan ( / 21 typically don't get into that because It's a 21 what they are today. 22 straight-forward Issue which Is hamilet;ewe,v 22 ML REED I'm sorry. I wag mraring to a 23 subdivision. 21 different apartment compkx. 14 MR.MCNEM What those two conditions are 24 MIL CUM Weil,obviously the Ned Mr. is basically saying is until we resolve these 25 Ilceltlrtg here because he's running the drobw but I'm PLANNING AND ZONINO OCTOBER 20, 1999 37. Page 49 • Pne 52 I ` I t Condevaelt'" Page$3 Page SS 1 not aware,l haven't received any calla of what we're I to the City Council. And then for whatever now the t 2 talking about on the drainage on this. So If there Is a 2 deal fills On*and It never goes to City Council, The 3 problem,I'm not aware of it. But,obviously,Mr. 3 same thing;a developer an come In and ask that the 4 Halting and the utilities runs drainage Dow. 4 Mobility Plan be amended based on,like In this cue,the 3 MR.MM. Thank you. 3 toning case Is going to come forth. For whatever ream 6 MR.ENOELBRECHr: tot me Intedoct one item 6 U the developer doesn't want that to go to Council at 7 here J think right now because we don't get as much of 7 that time,we never know If the development boa died,Mr. 8 that drainage Information as we used to striee s Williams,or what has happened. But It's the call of she 9 engineering Is not directly dotng that the way they used 9 developer If he wants to take forth his suggested 10 to. I would tike for you to go ahead and check an that, ID amendment. 11 Jerry,since Mr.Hoeiting Isn't here, Find out U we de 11 S thlnk,and we can have if you want the 12 have a problem out there at Spencer Oaks because that Is l2 developer to respond. I think the developer wants to 13 a new development. That's not even two years old, 13 take them up together,I'm assuming,or bas another 14 MR.CLARK: okay. I'll bring you a report 14 plan. But we can't require the developer to take that 15 back. is amendment to the Mobility Plan up to Council if be 16 MR.ENGEU IRECHT: okay. Thank you. A doem't want to. The only Issue before us today Is the 17 MR MCNEItte That doesn't alTot this 17 xontng and the Mobility Plan issue comes up at the is Issue? Is planing stage ultimately. Ultimately,when it's 19 MK EKG EL3IRECHT: No,00. But there 19 platted•- 20 shouldn't be a problem out them. Okay. Ms. Oourdie. 20 Ma.VRLLLAMS: I'm reading what 1 have here. 21 Nis,oouR m Thank you, I would like to 21 It says conditions and t0 I'm trying to get some 22 know if this Is the appropriate time or not and maybe 22 clarification on this because,like 1 sold,I like things 23 you can help me,Wayne. In straight toning is strictly 23 cut and dried,either aye or nay boause all these-- 24 the sF•7,blab,blah,blab,and concern with Mr.Bullard's 24 MK ENOELBRECHT: 000d luck here. 23 concern about the property being up against the rD with a 25 Ma.WILLIAMS: —conditions,and this Page 54 Page Sd 1 Light industrial. I know that In the Unlcom Lake 1 condition to me Is rather weird because 1 read the 2 property we had a burner of,l guess it was SO feel up to 2 Mobility Plan and 1 unrerstand what you're saying that 3 100 feet placed as a condrilon on the property. Would 3 the developer needs to take It up. But it says••but 4 this be the appropriate time to bring sonrthtng up like 4 I'm still kind of confused. Maybe somebody can explatn to s that to help divide the light Industrial from the homes? S me who was hem and voted on this where it would be clear 6 MR REED: YCa. 6 as mud. 7 Ms.o0 "in okay. Thank you, 7 Mx BUCEK, tit me take a shot at this 8 MA ENGEL6RECHT: W.Williams. 8 issue. I think what staff is trying to do by those 9 MR.WILL MS: Yea. 1 like Unlit c1Car-cut 9 conditions,I think they're trying to put the developer 10 and I'm having some smious concerns about the amendment 10 oil notice that when you come In for your p184 you're 1l to the Mobility Plan because I don't tike to be Involved l l tot going to have a plat recommended for approval U 12 in anything that I'm not In control of and the developer t2 these issues aren't resolved. And to that's why that's 13 has no control over the Denton Mobility Plan. And I'm 13 in there. But what I'm saying to you is It any point 14 very concerned that it hasn't been sent to Council stria 14 that the developer has the toning he destres,and In IS there was a recommendation or it hasn't been mentioned is thls ease these are sualghl tontrlg categories except 16 It's going to Council. It's sitting someplace. And con 16 for the FD,MM be has that toning In place,he has the 17 somebody explaln to me,am 1 somewhere out in Soft field 17 right to come in with the plat. When be comes in with 16 or what's going on here bocause it's been puled by thls is the plot,right now ice's moving with the Mobility Plan 19 Commission;bcwcver,it's sitting somewhere-•It's 19 the way It looks today because there her been no r A, , 20 fining somewhere. 20 recommendation taken to Council. And so the question is 21 MK momsucirr: we just asked staff to 21 weere aw road falls in his sF•7 of his sr-10 or aF•I1, 22 address that and•• 22 bc's taking s risk. And that's what those conditions 23 MR,wax: cat Die be sure you understand the 23 are Intending to do. But,Wayne,you may want to ay 24 process. Thera are a lot of cases where someone will come 24 more to tbat. I don't know. Is that eortect? 25 in here with AS toning and wW ask you to recommend aF7 IIS wt.REED Yea. PLANMNO AND ZONING OCTOBER 20, 1999 38, Page 53 - Page 55 1 t l �I l i I I` Condoeselt' Page 57 7�—; q 1 MR vnu tAMa okay. Becawe 1'sa laving some 1 wino and bow an tbese folks going to g2 problems--because 1 don't ddA Dentoo's Idmstructure 2 7bey're either going to have to go 380 or 3 is ready for this development and 1 guess that's when I'm 3 to have to go McXWnry, And we'd prcf 4 having a big problem. 4 think because that's going to keep tbem out there and S MA REED. Commissioner Williams,I think S keep them off the loop. And so to me that 6 then if 1 could explain that tlrse conditions address 6 just as Ian bridge is j portent far this plea bocauw they're not 7 Your conmm. I'll make my example what 1 learned from 7 going to 80 south. Wive got no bridge and we're not 8 rho Preserve- We as■community also•had a concern 8 going to have one for a wlrilq which we really Deed to 9 about how The I'maerve would impact ttanrpoetstion in 9 work on that If this is going to be an Important whole 10 the very southem end of our community and also that it 10 development ova hen, The City needs to do It's part I I was in the arm designated for Lkcvkw Boulevard to 31 but We Bond 10 make sun we've gut these other pines 12 tou-h 1.35. And so we held their fat to the Irons also a and h don't understand why that component wsaa%in this 13 and we worked closely with that developer to insure that 13 one,as well. 14 as building Pennits were issued,Increase households,ds, t4 MR REED R would be fair to put it In 15 increasing trips generated,putting mom vehicles on our 15 that One, 16 roa4 dw adequate transportation facilities were put in 16 MR ENOELBRECH•r: The other question I had 17 plea prior to those homes being put In. 17 has to do with there's no mention,as Mr.Bunk pointed 16 What we're doing with this condition is I8 out,thern's this Issue of if you approve a concept 19 exactly the:erne. We're saying before you can get any 19 plan what room do we have to maneuver at the detailed 20 building pcmJts a traffsc impact anaysis has to tx 20 plan schedule? Them is no mention 1 believe of open 21 approved and a tat,or traffic Impact analysis,outlines 21 space In the PD. t recognize that we have a park across 22 what the developer will Install prior to these building 22 the street but that Is ulthnately sans a four-lane 23 permits being Issued. What etas that give us as a 23 stmt,road,highway. And was there consideration 21 community? It gives us some piece of mind that we're 24 given by staff to require that there be tome requirement 25 Solna to have adequate facilities to handle the traffic 25 for some open space in there,at least in a statement or Page 58 Page 1 that they generate. So we're saying that then':a I the percentage? And they an spread It out however or 2 relationship between this land use and the public 2 in some manner. 3 interest of adequate transportation facilities. But 3 MP DONAtMON: wo would tike to do that but 4 secondly,we're saying we're only going to require of you 4 we don't have the tools right now in our coda to 5 a fair share of the development or of the transportation. $ require IL , 6 the fair share Is what they generate. 6 MA. ENOELBAEMI this Is a PD. 7 MR WaCLORECHT: Wes questions? Yes. 7 MR DONAL06ON; It's Dot a requtmd plea of 8 The Condition 3 on 072 has to do with••excuse me, 8 information to our code, 9 Condition 2. Yes. Thai's the bridge over Casper Crak 9 MA ENGELBRECIM. okay,for that raison It's j 10 and that's the crock to the north. Okay? 10 not I l MR.REED; that la Correct. I1 MIL DONALDSON: It's anon a legtaladve 12 MR ENOEtbRECHT: is there any reawo why 12 function than an administrative function. 13 that isn't put on 3,as well? I man put on the other 13 MR ENORUREM. Okay. In that sae,I 14 we? 14 will simply ask of staff from your professional is MR.REED: It a reason why ls this,it's not 15 perspective,what would be an appropriate portion of 16 contiguous with that crock crossing. And staff would 16 open space in s PD with SinglaFamily of 5,500 square 17 like to point out that actually that Is called out for 17 foot lots? 18 the Caw No.72 simply to,again,put the develops on 18 MR Rum Could I ask first for a � 19 notice that that is pert of this consideration of 19 clarification? Are you asking for public open tpaoe or A 20 transportation Irnptovemenis. It actually will be 20 rivate p open epos? Private being,Doe,an era which 21 addressed In the 71A as part of the M gut I think 21 Is maintained by the Homeowner's Association, 23 we're clarifying It as a very important eomponent that 22 MR ENOEUREOffi Walt,I'm talking about 23 bas to be resolved, 23 Homeowster's Association. I wasn't thinking of it being 24 MR ENOELFIRECHT: well,this if even a more 24 dedicated In the City or anythbW else,but Open apace 25 dense pleas than U you're going to get north to 380 and 25 such that there's some to Then, PLANNING AND ZONING OCTOBER 20, 1999 Pale 67•Page 60 39. Condensell`m Pap 61 'Page 63 1 MR.sul:Ex: wayme,tot me be an that ilia 1 require that eight percent of the lead be at aside as 2 clear to respond to that. Do we have a—on my copy 1 2 open space, 3 don't have the concept plan on the PD. Do the 3 MIL EN'0P3ARECNh And eight percent in this 4 Commissioners have that? 4 can would be? S M0.REED. 71otre's sch ally the concept plan S MA DWAIDSON: Three mad a haV acres, 6 is Enclosure I. 6 something like that. 7 MR.MCNEILU It's the same ad dis colored 7 MR ENOELSKECHTr So wt!Could g0 somewbcre, / one Jere. / for example,say a minimum of three acres be set aside for 9 Ma.REEM And it does show the entire 9 open spw? 10 property but it calls out that Parcel. And 1 did,because 10 MS.00ML& To accommodate for the WSW I l this is such a small print,Include a second page which I I density. 12 blew up the land use table. This table right here shows 12 MR.ENOEURLECHrr Right Another question, 13 everything that's requlmd for a concept plan as far as 13 W.Red,I notice In these we always get this business 14 minimum area,setbacks,and such. 14 of you have a recommended motion and it always has this is 1611L SUCEX7 The only part of Enclosure 1 that 15 pan about that it's consistent with the Denton 16 really relates to this zoning ease Is that pan that's i6 Development Plan,it's consistent with the Denton Plan 17 south of McKinney? t7 Policies. And,In fact,almost always you have at beat is MR.REED: correct. And if you took on the t/ ••there's always one chock mark that's marginally 19 page 9,it's referred to as Parcel F. 19 consistent oreven once in a while,an inconsistent. And 20 MR.eucEK: okay. 20 to if the motion Is made In that manner and we don't agroe 21 MR.MCNEILU rarest P or?fill 21 with all of those,we'd have to vote against the motion, 22 srA REED. There is a formula In our park land 22 wouldn't we? 27 dr�ficaGon which calls out that, I believe•• 23 Mot REED: You would change the motion. 24 W DONAU)SOS: It's roughly one acre for 24 hat.ameLeRECBT: or we could ask for a 25 each 140 housing units to mect our neighborhood park 25 friendly amendment But 1 guess my question Is why do Page 62 Page 64 t criteria. t you do that? Personally,I'd Just as soon see those out 2 MR. ENOEt.8MCHT: so basically that would be 2 of there, It would make the motion a tot shorter. 3 two accts in this particular case. 3 MR.REED: rd be happy to do that. 4 MIL DONALDSON: A tWo-acre minimum. 4 MR.FNOELBRECHT: And we're not always sure S MR.ENOE133RECHT: My concern here is,as Mr. s wbed4r we egme with that fact that it's consistent or 6 Bucck pointed out,if sox have not asked for the open 6 not. Maybe other Commisaionen disagree with me. 7 space up front then we could have some difficulty in 7 MS.000RDt£: We". Here,here, 1 requiring it on the detaailed plan if it was not slated 9 M0.ENO£LeRPCHT: And In this case,all of 9 on the land use summary. 9 them I doa't•• It Just didn't teem to be necessary, So 1'1 MR.6UCEK: Right. Now,some of the concept 10 you believe that there's not a problem with putting•- I I plans you get don't show open space and they'll f List i I MIL REED. Weil,i SUM the reason why 1 put 12 best an asterisk and they'll gay a certain percentage 12 it In there,and 1 dernniteiy understand why you don't 13 will be that. But you have gotten some,and the problem 13 necessarily agree with any or all of it,Is you have to 14 happened on the Smith tract,l think that they showed a plan or mot consistent with the Comprehensive Plan so is the open space. Cm not sure but 1 believe they did, is there has to be a basis rot your motion. That's the 16 So there's no question once you show I%it definitely IS only reason 1 put It in there. So 1'ii be happy to take 17 becomes a question about can you de it on the deta?led 17 it out. So you take it out,you kind of make your own IS plan change the boundaries of that. So it may be a plus I I findings. , 19 to you that it's not shown but I think tie Issue that's 19 Nut PNO£t9RECHr. so we can—staff believes A, , 20 here is that without any statement of concept Lt the 20 that wt could put tierce conditions on the PD,as well as 21 concept plan about any open space mquirod,th a 21 on the other one and that we could re uest open spar 22 statements that Mr. Spain will do us no good when you get 12 without a problem? 23 to the detailed plan stage. 23 MR IuCEI Correct 24 MR.DoNALDscm Another criteria that you 24 MR EwELBKewr we probably ahculd if we 25 could use is that for a manufrcturcd hone park we 25 expect to gee open spas end want to enm we have open PLANNING AND ZOM NG OCTOBER 20, 1999 Page 61 • Page 64 40. c 1 1 C4andensells" Pane 65 PAP 67 1 space at the dehlled plan stage. Yea,Mr.McNeill. 1 dediatloa 2 MR.MCNBmu s guess 1 have a question now 2 Ma.M' Onm b Ooarrae I don't have a problem ' 3 that you've raised that question. What is our authority 3 with 644 just don't want us to arbitrarily saying we 4 to require him to have open space? 4 wra a park here. $ MIL REM.. To pre VC,tt the overcrowding or S MIL nONAtDBON: No. 6 population would be one. 6 MR.SNOEt9RE017: To expand on my request a 7 MR.MCNEILU Is that In an ordinance or In 7 little further.I asked about this because we are a the Zoning requirement? a simply,as it's proposed,as it's presented to us,G 9 MR Am. That's actually part of our 9 does not mqulm any open apace. This is n dense as 10 Zoaing Ordinance. 10 manufactured baud*5.5,5,500 square foot lots. The it MR MCNEILU Out that's-•is that hard and t 1 park to all of that area It on the other aide or 12 fast or what's the rule for that? 17 McKinnry,unfortunately. It would be great if there was 13 Ma.Oucm s thInk the way it works Is if 13 uocess to the Carps land from here but there Isn't. 14 you're on strslghl zoning,we have what we all 14 MIL MCNEILU You're taking about for the is conditions you can add to a straight zoning case. 15 little piece at the bottom,on 46, 16 Trim's like 15 and one of those Is landscaping. Well, 16 MA ENOELBRECHTt Right. On that other one, 11 on a PD year throw all of that out and not:can come up with 11 right. And go to ad to the park these folks,which are 18 any coeditions you went. But,generally,It always I I more deft"than any of them,have got to cross what 19 includes those same 1!5 an be In there and to it's pan 19 ultimately will be a roar-lane road,which is rat too 20 of the landscaping Issue Is the way you would handle 20 good, In addition,I would have little doubt that this 21 open spas, 21 developer will am that there's open spara in there. 22 MA ENOFA BRECHT: But then where did you gel 22 Thee will be a clubhouse. Tbere will be something, 23 the number--you're Solna to recommend throe acres;Is 23 And there will probably more than three acres. But they 24 that what you're saying? 24 may sell it tomorrow. And the next guy comes IN as 25 MIL ENGELBRECHT: The three acres came from 21 with the Smith tract,and says,bey,that was not pan Page 66 Page I a recommendation. I of the detailed plan—I mean part of the concept plan 2 MR DONALDSON: Eight percent of 48 would 2 so I don't have to do anything but Just stick 5,500 3 actually be 3.8 acres. 3 square foot lots in thee. And this just assures that 4 MR ENOEl.BRECHT: 9101. And 1 was son of 4 no matter who has the land when,th-re has to be some S splitting It. 5 open space, 6 MR MCNEILU Out where did you act the 6 ML REEM tf you're interested,I do know 7 eight perceftt? 7 the formula for the park land"cation. If you want 8 MR DONALDSON: Eight percent is an opera 8 to compare why the manufactured home development would 9 space requirement thatµe have In our Manufactured Rome 9 have to supply.. 10 Park Regulations. 10 MR EN,3ELBRECHT: Mark(radiated it was one I 1 MR MCNEILU But this Is not manufactured I l acre par 140 Iota 12 homes. 13 MR.ItEED ft's 23 ecru times the number 13 MR DONALDSON: The density actually would 13 of dwelling units times 2,8 persons,divided by LOGO, 14 be very comparable, And then oa the other dde In otlr 14 you Set the saes. That's the exact formula. IS Park Land Dcdiatioa Ordinance,the formula is roughly I$ MR.ENOELBREC2rrr Roughly 140. And then 16 "sere per 140 homes. That's In the Park Land l6 that would be two acres because there's 280 proposed I1 Dedication Ordinance. 17 units here. And then the park land•-the manufactured Is MR MCNtiai And that's really the— I I housing condition puts w up to 3.9 so I dm't know. 1 r 19 titer's the question I had, Dos throe that park lend 19 threw out saes A that's a compromise In between, r , . O, 20 "cation apply to this property? 20 MR MCNEILU t can live with that 21 MR.DONMDSON: It will unless they add= 21 MR R15HEU It may be amended to four. 22 it otherwise. They have the opportunity to make 22 MR ENCIEUREWs ItI tt. And I'm not making 23 donations of turd sad that may,in fact,be appropriate 23 the motion anyway. Are time other quesdons7 Hr. 24 or an option for them in another part of tb&tract to 24 Nobel, 2S satisfy. Any number of ways to satisfy park land 25 MR RIskeu 1 just wanted to make sure that PLANNIINO AND ZONINO OCrOBBR 20, 1999 Page 65 -Page 68 41. L c. I CondenseltSie Page 69 page 71 I Mrs, Gibbs got her qt atioo answered and was•• 1 tat IDitELS11aCR7,ntgbt w Donaldson, li 2 Ms.01003: t do know US Federal government 2 ant oorutmas sbe question IS whether you 3 ruling they have to have certain amount of green spew and 3 want to attach ei eoodition to the ratdential 4 that's why they put the senlot citizen 6,000.00 unit on 4 development that buffan the other user or wbw Ere s hold because they wanted to Include the golf coma as s other land does develop,put condidone on that that 6 their green apace. 6 pmkcu the residential that may be that. 7 Ma.usHEu My question was did we get your 7 Mtn ootntcau well,I'm under tha Impm rkn I other question answered. 1 didn't know wit had another I that it's already beet—the concept plan,they've 9 question. Do you have another question? 9 already ad up the soda&you aid Ottaal Aeull,you 10 Ma.ENOEtsRECHT: No,no. Lei's not take 10 aid Light IndustrW and you Bold Muhl-Family. So the I l that question up. I 1 rooing Is abeady In place. 16 vow Just comhng up 12 MR.usHSU okay. Thank you. 12 dn*with a eoaeept plan;is dot correct? I man,the 13 MA ENOEL DRECHTr Okay. Are them any other 13 dttalled ptan. And If we're tntideg about issues of 14 questions? 14 previous males caw,we mhshl have a problem whkh doe 15 Ms.00URmF, t would like to just know on 13 residents might am be prokcied because we've alteady got 16 the straight zoning,the 72,if anyone else would like a 16 The zoning in place. Could they not easily ay,hey,It's !7 condition that Is what we've done before where Light 17 not part of The concept pion? I I Industrial two and so forth am backed up against is Mot Btxsx WC141 think your comment,wby 19 Single-Faunily homes. Since we have talked about landscape 19 your comment bas trteeit Is that It's zarod Agrkulnunl 20 as being an opportunity to put Into the concept pl an,1 20 now which would man you would have one-acre W and of 21 would like to as us put maybe a 20-foot landscape buffer 21 a orracm W?Lae would be a bTrffer behvan you and 22 and then maybe,depending on whet the property is,up to a 22 trim ngardtas or%tat be did. When you ge to 1=11cr 23 100-foot buffer,which 1 guess inck-1.9 pan of the 2) scram and I can't remember what the acreage Is right 24 parking lot bebAven the homes and the PD Itself. 24 now,There Is some merit for that but,you know,without is MS.APPLE: Question. 23 having that unapt plan In front or us,I don't know If Page 70 Page 72 l MR.ENGEL13RECHT: Yea,Ms.Apple. 1 we've steady put a buffer in the other eau. Do you 2 Ms.APPLE: That other Is not in development 2 recall? 3 yet though, is It? So would we be putting a condition 3 MA Do-;ALDsON: t don't recall, 4 on something Hint's not set In stone yet? You know,If 4 MR.BUCEKr And you're right,when he cones 3 we put a buffer condition on them,whet if the people•• S in for his detailed plan he may take the Smith tract 6 MIL ENO BRECHT: Come back end replat. 6 argurricot and argue he doesn't have to buffer. f meant, s 7 Well,It cars be•- In that statement It can be 7 you?sever know what will happen depending on who the I contingent on the zoning So if the rutting changed, I'm I developer la. 9 are,could it not? Couldn't you put a condition on the 9 Ms.G0UR m okay. Thank you 10 SF-7 bufraing the •• 10 MR.ENCIELIBREM: Traditionally,We have I I MIL DONAIDSON: Well,it's a timing Issue. I 1 requested the buffrn on the comtrrercial,industrial. 12 If the residential develops first,then we don't know 12 The problem you would run hero is if you put that 13 what the adjacent land use would be, 13 omilitioo on,ibese ante IF-ra. Ali these link 14 MR.Sum! The Bullard trod Is zoned What? l4 homeowners are going to have these requirements to Is Is it zoned t!7 13 maintain a buffer yard which we've never really done. 16 MR DONAIDSON; It's within the old rD126 l6 We've never done that. As a matter or fact,I've argued 17 and it has General Retail,Multi-Family,and Ught l7 against a couple of those where they tried to do It at 1I Industrial zone districts in IL is Windsor and Beonk Brae. 'f7Ky were going to put a fence r 19 MR BUCEK: itight And he with ultimately 19 on the residential ode as a buffer. A : C' 20 ••he has s corroopt plan. Ile'll have to come back with 20 Ms,oomier I Just don't want to hear any i l 21 a tkuUed plan when le does that part. And you can 21 complaints out of no ON when they Start smelling those 22 look at that on his end and the que4on is do you want 22 mstsurants right In their backyard. 1 don't want to 23 to do it on•- 23 hear It 24 MA DONAtDSON: The residential side Of do YOU 24 RSA ENOEURROITr Mr. McNeill. 23 want to do It on the Industrial Sidc? 2S MA k4t9PB w Yeah. I guess what I'd like PLANNING AND ZONING OCTOBER 20, 1999 42. Plge 69-Page 72 t s Cocdemelt" Pap 73 '-Pw 75 I to say Is we shouldn't put the buffer requirement oe 1 Ryan High School Is an conpe!04 to me We would be a 2 thls residential development. If Ot buffer Is going to 2 good ddw It would have people coming from di ffemit 3 be required,it should be on this Cameral hell, 3 dimcdons loslwd oteverybody funneling In one 4 Multi-Family,and the Light Industrial. That's the 4 direction. So I Just wanted W addrve his oomva, S responsibility of them to have the buffer,not on the S MR.DMELBRECHT-. Arm there other eommenls? 6 residential, a If you do,would you pleat a your hand hecsusw I'm 7 MR.RISHEta We agree with you. 7 showing a different Wool hew now,if you have any Other 8 MR.ENOEIBRECHT: Mr.Williams. 8 commmts. Yea,Mr.Willama. 9 MR.WILLIAMS: Yea. 1 would definitely like 9 MR WRU4NS: We are voting on 046,right? 10 for the Commissioners to look very,very closely at the t0 MR.ENGEU3RE.CHT: 72,the first Agends Item. I I traffic conditions and the City. I know we are a can-do t l Mx wILuAMs: okay. i wam't even talking 12 city but sometimes we may not be ready. And I would 12 about Vat. I3 like for us to look very,very closely at the 13 MR ENGELRREW. okay. I've got my green. 14 Infrastructure. My daughter Is only 17 so It's been 14 Any other eor.ment7 1 would like to ask staff just 15 lea than a year since I've had to drive and take her to 13 briefly,do we know Vie•-turd Jerry bad to leave,do we 16 Ryan every morning, And,basically,I rally don't 16 know approximately what the schedule Is fur McKinney for 17 think our Infrastructure and with the--looking at the 17 3807 1 know that It's moved up in the schedule but l 18 coming up bond elation,the bond package,l think we 16 don't rm=ber the date. [just wanted to addrmu that to 19 may be ready. But tonight,I don't think••and It's 19 Mr.Williams. 20 rot a neflectioe on Mr.Spain at all. I just don't 20 MR.wtLt2AMs: No. In other words,my 21 ddA we're ready for this. Our strata and traffic is I1 statement was Inappropriate. I'm talking about 46. 22 ready for this zoning,chmnge in zoning tonight. 22 MR ENOELBREMi okay. All rJOL 23 MA ENGELBRECtrr: All right, Any ON• 23 MR.wir.ilAMs: What 1 amid was totally 24 comments? 24 Inappropriate. 7s MS.APPLE: rrn ready to move. R.25 M ENc;euRECHT-. All tight. Any oCer Page 74 Page' I MR.ENGEUMECHT: And we would neeJ to take I discussion? In that case,VOW,please. Motion carries 2 each case indivlduatly for the motion,recommendations. 2 unanimously. All right, Now,we move onto the second 3 Ms.APPLE: Do you want rna tc take it In the ? Agenda Item. Mc Apple, 4 order of the Agmda7 4 Ms.APPLE: I move to MCOMFOcnd approval Of S MA ENGELBRECH7: Pleax, S 2.99.046 subject to the following conditions: prior to 6 Ms.APPLE: 1 move to ACOMoKnd approval of 6 the issuance of any building permits adequate 7 2.99.071 abject to the followiryt conditions: that 7 transportation[nfrutructure shall be constructed In 8 prior to the Issuance of any build,no permits,adequate a accordance with the tmffuc Impact analysis approved by 9 transportation infrastructure shall be constructed In 9 the Transportation and Einglneering Department;two,that 10 accordance with the traffic impart analysis or 71A 1 o the amendment to the roadway rompooeot of the Denton I I approved by the Transportatloa i and Engineering I I Mobility Plan that proposes a new corridor south of 12 Department;that a commitment for Improverneuts to the 12 Mills Road for Lakeview Boulevard to the west of the 13 Lakeview Boulevard bridge over Cooper Creek Is approved; I3 existing Trinity Road Is resolved;end,three,that a 14 and, finally,that the amendment 10 the roadway 14 minimum of three end a half acres be act aside for I S component of the Denton Mobility Plan that proposes a 15 private open space due to the density. 16 new corridor south of Mills Road for Lakeview boulevard 16 Mx mawtu scoot 17 to the west of the existing Trinity Road Is resolved. 17 MA.RISHEU A friendly motion. 18 MIL RISHEtf SOOOnd. is MIL WOELBRPCI ; Pardon,Mr, Risbel. 1 /! 19 Mil ENGELBR cur. okay. it's been moved and 19 didn't hear you. A �,. 20 seconded to rccomtnend appro ad with the conditions u 20 MIL RISHEU A friendly amendment that what ! s, 21 outlined by stff. Any discus don on the motion? Yes, 21 is two in the e',.x tFing that tads that a commitment 22 Ms.Apple. 22 of improvemrnts to the Lakeview Boulevard bridge over 23 Ms.APPLE: (just want L,say in response 23 Cooper Creek as approved. I'd like shot as a friendly 24 to the comments that Contmiaione Williauns made,l guess 24 mWOr- 26 my feeling on it is because,like McKinney Street where 115 MR.EN0EIBpMff1 As a friendly arneodn=0 PLANNINO AND 7.0NIN0 OCTOBER 20, 1999 43. Page 73 • Page 70 f l 4 Contleneelt"t Page 77 :• Page 79 t Mx usual, Y". 2 Would be good for us to know what happens for the Clair. 2 Mx Dax avarr: Ms.Appk,you made mo 2 And whim someaoo has to Jump In to be Cb*;alr,l think It 3 notion. Basically,it's to- 3 wotdd be vice for them to also know what they're ustrvu Tics fl 4 msperosible to do and what they can't do. 4 Mx >� S Mx tnmeL&UQ f: rte bridge It=that's in S !A&atCNETU: it's not—%rice-Chalr,it's 6 the rust ease to this Casa 6 not C&Qwr. 7 Ms APPLL 1 Will SCCCpt dAt rrkadly 7 MS.WJRDIE Thank you for txnecting mr. 8 ameodmcat. 8 Mx mcNE1Ltu Yes. It's entirety different. 9 MX MCNf1LLt MY&Wood Will ACCV1 mat. 9 MR.ENoELBREam ouahy noted. Ifr. 10 Mx DmELBRwa:All right Thank you to Donaldson,did you get all that? Any outer! I t boo+. So now we have a motion and second with four I I MR.W1LUAM5: Orientation for new 12 conditions,the three of the previous use and coe for 12 eommissioom because I was very fortunate coming on right 1?• 3.5 act"minimum open space. Any discuss"on The 13 berore the•'sad wben a person is coming on In November 14 motion? In that eau,vote,please. Motion carries 0' 14 would be totally In the dark IS to orw- IS ML kNGEIBRECKI: we don't have anyone 16 (Mr. Williams voting In opposition) 16 coming on at this time but We will--that's another Item 17 tuL MELt RW", And mat cauluda our 17 for that Is briefing for new personnel. Okay. That's it? 19 A;mda for thla evening. Same have asked win regard to 18 We're s4ourned. Thank you 19 some discussion about our rules and I'm assuc ing you Mudd 19 20 hke to sae dat on our next- 20 21 Mx oorAt.oso!. oo)tw want us to bring dat 2l 22 back for the next mating? 23 2) MIL MC1,MLL Yes. 23 24 tot navALOaoN: okay. 24 23 atx ENombRECNr: AL right Any other 25 Page 78 1 irput7 2 Mx V,'1LLIAMS: Also,could you put what the 3 rules,one week,getting our material one week before 4 meetings. S Mx ENGELBUCHT: We can talk about that but 6 we won't get it this 11me. 7 MR wTLL1A1dS: N0. W14t I'm saying Is could 8 it be on our Agenda itens if we're going to talk about it 9 -to discuss. 10 M0.MCNEILU 3t will be part of the rules. 11 MR.WILLIA.MS: Yeah,pad of the rules to be 12 di .issed. 13 h1R.ENGELBRECHT: We can telk about tha4 I is can tell you the staff•- I S MR.WILLIAMS: 1 really don't care,beause I 16 have a life outside of Planning rnd Zoning. 17 MR, E'NGEURECHTt ML(JWrdie. 18 MS.Wt3plt!Ei I would also 10%to know,and / 19 bcing that We've got you as Chairman who's done this 1 20 berore and Salty has been on s year and has been appointed / 21 u the Co-OAlr,and I'm not really stare how this woe" 22 I'd like to also know what the Chalf Is responsible for, 2) what the Chalr alas a We ern everyone up to par u to how 24 the wbole system works b0CAUSC I fealiy don't dank We 2S really know what goes oo in your cbalf. And I think it PLANNINO AND ZONING OCTOBER 20, 1999 Pages 77 • Pa961 44. G 'K91 ltl.5l.lIWIDCV1dLLae Es.rGi��W2 ATTACHMENT 5 ORDINANCE NO. AN ORDINANCE OF CITY OF DENTON,TEXAS,PROVIDING FOR A CHANGE FROM AN AGRICULTURAL(A)ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT 179 tPD 179)70NINO DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 47.3 ACRES OF i.AND LOCATED ON THE SOUTH SIDE OF MCKINNE Y STREET (FM. 426), APPr OXIMATELY 3,000 FEET EAST OF THE INTERSCCTION WITH ThWITY ROAD; PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN FOR 41.3 ACRES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000,00 FOR VIOLATIONS THEREOF;AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-046) WHEREAS,Paul Spain,on behalf of Dieter Schwartz,has applied for a change in toning for 47.3 acres of land from an Agricultural(A)zoning district classification and use designation to a Planned Development(PD) zoning district classification and use designation;and WHEREAS, nn October 20, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning;and WHEREAS, the City Council rinds that the change in zoning will be consistent with the 1988 Denton Development Plan, the 1998 Denton Plan Policies,and the 1999 Growth Management Strategies and Plan;NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSr SECTION 1, That the zoning district classification and use designation e'the 47.3 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from an Agricultural (A) zoning district classification and use designation to Planned Development 179(PD 179)zoning district classification and use designation with the approval of the conc(I t plan attached hereto as Exhibit B and Incorporated herein by reference under the comprehensive zoning ordinance of the City of Denton,Texas, subject to the following conditions; L Prior to the issuance of any building permits,adequate transportation infrastructure shall be constructed in accordance with a Traffic Impact Analysis(TIA)approved by the Transportation and Engineering Department. 2. That a commitment for improvements to the Lakeview Boulevard bridge over Cooper Creek is approved by the Transroriation and Engineering Department;and 3. That the nmcndmcnt to the Roadway Component of the Denton Mcbility Plan(DMP) that proposes a new comdc,r south of Mills Road for Lakeview Boulevard to the west A of the existing Trinity Rcad is resolved. 4. That a minimum of 3.5 acres of the property described herein Is reserved as private open-pace, which is easily accessible to all residents of the neighborhood. 45. I� l L SECTION 2, That the City's official toning map Is amended to show the change In zoning district classification. SECTION 3. That any person violating any provision of this ordinance shall, upon conviction,be fined a sum not exceeding$2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. That if any section, subsection,paragraph, sentence,clause,phrase, word, or provisions of this ordinance shall be adjudged invalid or held unconstitutional,the same shall not a1Tect the validity of this ordinance as a whole or part or provisions hereof, other than the part to decided to be invalid or unconstitutional, and the City Council of the City of Denton,Texas hereby declares it would have enacted such remaining portions despite any such validity, SECTION S. That this ordinance shall become effective fourteen(14)days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas,within ten(10)days of the date of its passage. PASSED AND APPROVED this the day of , 1999, JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECR13TARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY By: 4 6 , Page 2 i I A a f 1 I EXHIBIT A M. Feld Notes for 47.3 ACRE TRACT south of MoKlnnay 8tmet(F.M.426) An that certain 47.300 acre tract or parcel of land eituaNd in the Mkm Durham survey,Abstract Number 330, Denton County, Texas, said tract being all of a called*Tract DI'conveyed to Mclanney Denton Property, L.P.,a Texas Imlled parfnorehip, by deed recorded In Volume 3128, pegs 0998 of the Real Property Records of Oonlin County,Taxes, sold 47.300 am tract being more port culorly described as farrows: Beginning►,t a found W Iron Rod at the occupied southwest comer of the herein descibW tract, sold comer being south 86.53'27" East 7.0 fast from a Corps of NInsers monument marker'P- 2MW, i THENCE North 3158'26"East with the occupied West line of sold MclOnney Denton Tract and gen era ny with a fence a dlstanoe of 2,340.84 feat to a found W Iron rod for the occupied northwest corner of the herein described tract on a dreulsr curve concave to the Southwest and having a radius of 610.61 feet and a tangent bearing of south 65'28'27" East; THENCE run along the ore of sold droularcurve through a control angie of as 19' 16"for a distance of 86.68 feel to a Pound W Iron Rod; THENCE South 46'48'12" East In the south line of Mcldnnay Street(Old Mc)Onmsy Road)as described by deed In Volume 6,page 386 Died Records,a distance of 965.69 Not to a found W Iron Rod; THENCE South 474 27112N East with said McWnney Street a distance of 315.62 feet to a found W Iron Rod; THENCE South 1' 68' 17"West with the east line of said Mclonney Denton tract and generally with a fence a distance of 1,472.35 feel to o Corps of Engineers monument mocked P•260-C•W for the southeast comer of the herein described tract; THENCE North 86,85'27"West with the south One of sold McKnney Denton tract and generally with a fence o distance of 1,111.07 feet to the POINT OF BEGINNING,containing In all 47,300 acres of land, more or less. , rr� ,A 0 y I i EXHIBIT B i ,ge -- oil... owner NewScnwutt eloNR&Wroperte Box 941 Oree Ohn,PA 1 5601 ... .. .... ...:.. : Tetre Bah W. 700 L&Wew Blvd. Denton,7X 76207 972-410.5000 ft s , IX n0 i (BTJ) �L"�' (BTJ) j M SEXIS61 A 76= zone Typ. TA resa Land Use Smumary bw am ��. f� WhJAM xkr&M �berft WkIga e�s.�m bra �eeans rd xys�u,�s eevrw A. o ® Lakeview Ranch 4 e . Denton, Texas a Agenda No. AGEN4A INFORMATION SHEET Agenda Kem. L1 Dele AGENDA DATE: November 16, 1999 DEPARTMENT: Planning D.partment CDIIDCNIIACM: David }sill, 349-8314 SUBJECT -- Z-99072 (Lakeview Ranch) Hold a public hearing and consider rezoning approximately 410 ages from an Agricultural (A) zoning district to a Single-family 7 (SF-7) zoning district on about 133 acres, Single-family 10 (SF-I0) zoning district on about 85 acres, and Single-family 13 (SF-13) zoning district on about 192 acres. The properly is located between University Drive (IIWY 380) and McKinney Street (F.M. 426)cast of Mayhili Road. Developmcnt of a mix of single-family lots and housing types is proposed. The Planning and Zoning Commission recommends approval (7-0) with conditions. JDACKJ;,ROUNU The subject property is a portion of 732 acres of contiguous land under common ownership, including the 47.3 acres represented by Z-99-046. This area is planned to be a residential community. The first phase of the development is already under way. It is a 276 acre subdivision commonly known as Lakeview Ranch with a minimum lot size of one (1) acre. There are 155 lots in this existing neighborhood. The remaining land is proposed to be rezoned to a variety or residential zoning districts as described above. The developer has constructed a Portion of Lakeview Boulevard in conjunction with the first phase. It is currently a two (2) lane I road, but will ultimately be constructed as a four lane divided primary major arterial from highway 380 to McKinney Street (see Altachment 2 — Enclosure 3). South of McKinney Street, [his boulevard will be designed as a secondary major arlcriai as idenlilled by the Denton Mobility Plan. This arterial is designed to extend south to 1.35 E through the Preserve dcvclopmcnl. i 1 h subject property was rezoned in April of 1997 to an Agricultural (A) zoning district by Ordinance 97.107 (see Attachment 2 - Enclosure 2). It was rezoned in September of 1990 to Planned Development 126(PD 126) zoning district by Ordinance 90.125. The properly was annexed and classified as an Agricultural (A) zoning district In 1988. The proposed dcvclopmcnl is consistent with all of the policies of the 1988 Denton { Development Plan(bDP) as applicable and all ortbe 1998 Denton Plan (DP) Policies,except for the extension of new public water and wastewater lines(see Attachment 2— Enclosure 2, Comprehensive Plan Analysis section), r % Thitteen (13) properly owners were notified of the zoning request. Two (2) responses have (A' been rcccived. One is from Mr. Schwartz, the property owner or the land described in this i tuning request. Ile is in favor of the request to rezone. The other is from an adjacent 1 property oa ner, who owns land along the northern boundary of Parcel A. He Is opposed to the request (see Attachment 3), the opposition represents approximately ten percent (10%) 1, A u I 1 D the land area within two hundred feet that Is located within the limits of the City of Denton. � PRIOR AC'rrnnr�nry` rF�� The following is a chronology ofZ•99.072,commonly known as Lakeview Ranch; Application Date- June 2, 1999 P&Z Date- October 20, 1999 E;iTlll�ATI'D PROIF('T c� The subject property is not platted and will need to be plaited prior to any development. FISCAL INF'oRntarrne� Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the city, The Planning and Zoning Commission recommends approval (7-0) of this zoning request with the following conditions(see Attachment 4): I. Prior to the Issuance of any building permits, adequate transportation Infrastructure shall be constructed In accordance with a Traffic Impact Analysis (TIA) approved by the Transportation and Engineering Department; 2. That a commitment for improvements to the Lakeview Boulevard bridge over Cooper Creck is approved by the Transportation and Engineering Department; and 3. That the amendment to the Roadway Component of the Denton Mobility plan (DMP) , that proposes a new corridor south of Mills Road for Lakeview Boulevard to the west of the existing Trinity Road is resolved, , L Approve as submitted. 2. Approcewithconditions. 3. Deny, 4. Postpone consideration. S. Table item. 2, r , 1 0 � U 1 f ATTACHMENTS . 1. Parcel Map. 2. Planning and Zoning Commission Staff Report, October 20, 1999,Z-99-072. 4 3. Property Owner Responses(2). 4. Planning and Zoning Commission minutes from October 20, 1;99. S. Draft Ordinance. Respectfully submitted; Doug Po eli Director of Planning and Development Prepared by, 04*&' Wayne eed Planne tl I I O ; o 4 ATTACHMENT 1 M Z-99-072 (Lakevlew Ranch) NORTH y- . All , , RY Hl i 1y tr 'x 7 If r (. , . • - ��'{ if! 13 Viz. r i REQUESTED ZONING MAP PARCEL - ZONING ACRES A SF-7 81.71 B SF-10 84.09 C SF-19 191.72 D SF-7 30,84 A i, i I Agenda Date: November 18, 1999 Scale None I i i ATTACHMENT 2 Apen?a No PLANNING AND ZONING COMMISSION Da!9- —Le AL6 -J STAFF REPORT _ Subject; Lakeview Ranch (Straight zoning proposal) Casa Numbel: 2.99-072 $1Iff: Wayne Reed, Planner II Agenda Date: October 20, 1999 I Continue a public hearing and consider making a recommendation to the City Council concerning the it rezoning of approximately 410 acres from an Agricultural (A) zoning district to a variety of residential zoning districts, including Single-family 7 (SF-7)on 133± acres, Single-family 10 (SF-10)on 85±acres, and Single-family 13 (SF-13) on 192± acres (see large map). The Intent is to develop a variety of single-family lots and housing types. 4 KNm Y ,•, .. e . I + a 4. r. M 1 �'F + 6�N1.. }y �• 11 Corinth We DIlMi �,, North Ll! �I�� ••s f��� 1 LOCATION MAP Location: between HWY 380 and F.M. 428 In the proximity of Trinity Road Size: 410 acres I 99 9 72 FI St a T Pervert 10 20 99 rcc 5. Applicant: Paul.qpaln Owner: Dieter Schwartz Terra Bain, Inc. NR & RJ Properties, L.P, 2807 Brookshire Drive P. Cl. Sox 941 Southlake, TX 76092 Grernaburg, PA 15601 ,S,l)il1+yMARY, OFXC? G3QUST ;� The subject property Is a portion of 732 or so acres of contiguous land owned by Mr. Schwartz, Including the 47.3 acres represented byZ-99-046. This area Is planned to be a residential community. The first phase of the development Is already under way. It Is a 276 acre subdivision commonly known as Lakeview Ranch with minimum lot sizes of one (1)acre (see large map—Phase 1). There are 155 lots In this existing neighborhood. The remaining land Is proposed to be rezoned to a variety of residential zoning districts, Including approximately 133 acres of Single-family 7 (SF-7), 85 acres of Single-family 10 (SF-10), and 192 acres of Single-family 113 (SF-13). The developer has constructed a portion of Lakeview Boulevard,a four lane divided primary arterial, from Highway 380 down to the southern boundary of the Lakeview Ranch subdivision. This road is designed to extend to F.M. 426 (McKinney Street) and ultimately,to 1.35 E through the Preserve development. .COMAPREHMSIIVIR PL'i4N ANAl:YSIS 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are Intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small commercial/recall centers spaced at about /, mile intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas Is restricted to 60 trips per day per acre In order to balance land use with road capacity. Staff finds the proposed rezoning to be consistent ` with both the Policies and trip Intensity standards of the 1988 0013 (see Enclosure 5). h 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP)Is to be used In conjunction with the 1988 Denton Development Plan In evaluating consistency of proposed development with the long range vision for the city. Staff flnds the proposed rezoning to be consistent with the policies of the 1998 OP (see Enclosure 6). The draft Land Use Plan Identifies this property to be within an "Neighborhood Center~area. The adopted Growth Management Strategy slates that these areas are to be developed In an inwardly oriented manner with a focus upon the centers of the neighborhood's. The center would contain uses 7 neoessary to support the surrounding neighborhood hlcluding retail uses such as convenlerm A' grocery, barbers, or small professlonal offices, higher density residential uses such as townhomes,and park uses andutlansit nodcentral es.ighThe neighborhood lend use Is lco consistent swhh then In Intent of "Neighborhood Center" areas. Z-99 072 PZ Stal Repot 10 20_99.da 6, c I I. Transportation A. Trip generation The proposed development would generate approximately 12,100 trips per day if built out with 1,267 homes (an average of 3.09 lots per acre). This is 12,600 fewer trips or fifty-one percent (61%)loss than allowed trip generation in a Low intensity Area, I Table 1. Proposed RetIdential Trip Generation rrrarrrrrr [AJlowe�d d Use Avarege Trip Average Acres Estimated Total Trip Generation dulacre Lots Generstion ily 7(SF-7) 9.65 tripslday 4.0 dulacre 133 632 6,981 ily 10(SF-10) 9.65 tApslday 3.0 dulacre 85 255 2,435 ily 13 (SF-13) 9,65 Imps/day 2,5 dulacre 102 480 4,564 T. .Y- :�r� ',.� i;' 9.651r1psalddy; ,'. t y` !;"��0,; Yii,'�87;1 ' ti' 12,100 :t Generation 60 tripslacre/day 24,800 51% below 'Calculations provided by the Institute of Transportatlon Engineers, 1991. B. Road Capacity Blagg Road and Mills Road are identified as collector streets by the 1998 Denton Mul','lity Plan (see Enclosure 3). These streets are designed to be four (4) lanes undivided without marking, providing four (4) lanes of through traffic. As such, their designed traffic capacity would a;6.v for a tolerable traffic flow of up to 14,900 trips per day. Both are currently operating as two (2)iar,9s undivided without parking and are of substandard construction with approximately eighteen fee t of pavement, The standard street design calls for eleven feet per lane. There are no traffic counts for theso roads. f Lakeview Boulevard north of McKinney Street Is Idontifled as a secondary major arterial by the 1998 Denton Mobility Flan, This road is designed to be a four(4)lane undivided street without parking, providing four(4)lanes of through baffic. As such, its designed traffic capacity slows for } a tolerable traffic flow of up to 19,100 trips per day. The northern portion of Lakeview Boulevard is currently constructed with two (2) lanes without parking. There are no traffic counts at this time as it Is a new road. This type of road Is car high designed to loads D carry 9 of traffic and will have adequate capacity to handle the calculated trips that could be generated by the proposed residential development. I LekeAew Soulevard will be extended south to McKinney Street more or less aio the eAstin n9 d , Trinity Road right-cf way. This road is curnei illy constructed with two(2)lanes undivided without r parking. At the intersoction of Trinity.Road and McKhrla Stree the moat Y � rocent traffic count on A, , Trinity Road tecotded 409 M day). I.ek / trips (per y) eview Boulevard will have adequate capaotty to , handle the calculated trips (see Table 1) that could be generated by the proposed residential development. 2-"071 P1 Staff Report 10-20 99,doc ,1 c The proposed development will contribute to Improving the moblINy of the entire community. The ultimate extension of Lakeview Boulevard from University Drive (Hwy. 380)to 1-35 E will provide an alternative north-to-south route for the eastern portion of the City of Denton,relieving traffic on Loop 288. The proposed development north of the subject property (see Z-99.072 staff report) will provide for the northern half of this proposed arterial. a portion of Lokeview Boulevard was constructed with the public improvements associated with Lakeview Ranch, Phase t. Ultimately, this arterial will connect with 1-35 E through the Preserve development as growth occurs. The latter deveiopmont is currently moving ahead with the plotting of thn first phase of its master plan, Including over 4,00001eet of Lakovlew Boulevard. The actual conttniction of that portion of the road Is undetermined and even more uncertain Is the ultimate oonnectk*,n to McKinney Street. The correlation behveen development and road capacity is that as development In this part of town occurs, additional infrastructure will be constructed to handle the vehicular trips generated so that the overall mobility (level of service)within the community is maintained. C. Access I The proposed e.rbdivisions would have access onto Lake03w Boulevard. No single-family residential lot will be permitted direct access onto this primary major arterial. The subdivisions will also be adjacent to Blagg Road and Mille Road,which are classified as collectors,that will Intersect Lakeview Boulevard. Depending on the configuration of the subdivisions, some neighborhoods may take access onto one of these two roads as opposed to Lakeview Boulevard. Local (neighborhood) streets will have to be constructed to provide Internal circulation within each subdivision. D. Pedestrian Linkages Sidewalks along all public streets are required. 2. Utilities This development will have to extend water and sanitary sewer lines. 3. Drainage and Topography New development will be required to design and ormtwel a drainage system to city standards. A preliminary drainage study will be required with tho submisslon of a preliminary plot The study must include calculations of the 100-year storm for ail drainage areas on this property and any area that drains towards this property. The developer must Indicate the mr !'+od by which the run- off will be carried across the property or stored on the property. b. Signs i As per the sign ordinance. S. Off-Street Parking Now development must provide parting aocord'uV to>he regulations of Chapter 35 (354301) of the r t o Code of Ordinances. Every single-family residence is required to provide two(2)oft-street parking I I' spaces. t 99 D12 Pt stay hnm 10-20-99.dx e. c' 1 I j F6. Landscaping This development will have to comply with the new Landscape Code,which requires fifteen (15) il trees per acre and twenty(20)percent of all surfaces to remain pervious (plantable area). k � 7. Open Space and Recreational Areas This residential development will be required to participate in the development of public recreational areas. Through the Park Dedication Ordinance (98-039), this development will contribute to park land dedication and park development fees. Dedication requirements are required during the platting process. Park development fees are required prior to the Issuance of building permits. PROPER April 15, 1997 —The subject property was rezoned to an Agricultural (A) zoning district and land use classification by Ordinance 97-107 which amended the zoning ordinance and map for the City of Denton (see Enclosure 2). i September 4, 1990 — The subject property was rezoned from Agricultural (A) zoning district to Planned development 126 (PD 126)zoning district and land use classification by Ordinance 90-125 which amended the zoning ordinance and map for the City of Denton. 1996 —The subject property was annexed and classified as an Agricultural (A)zoning district. The subject property Is not platted and will need to be platted prior to any development. PUBLi1 1`A� C 1 \ C, OTICE l',y �Ir yii st'! R S4` j1Y P jt r Y•A Tr ..., .. �., _ 4I •,NO. .f ' .M' JI.q.�i.: r� ...,�J - - - xl ti\[<� ir i �.. x� ^ Notice of the zoning request was published in the Denton Reoord-Chronicle on October 3, 1999. Thirteen(13) property owners were notif ed of the request on October 2, 11999(see Enclosure 4). As of this writing, there have been no responses. � III /1 AT ; RECOMMENI�ATJON Staff recommends approval of Z-99-072. T1,9 ,property Is located along a future primary major arterial and two collector streets. The variety of residential zoning districts 1s compatible with existing land uses In the area. The property is surrounded by the City of Demon's extra-territorial)urisdiotion (ETJ),making it impossible to stabilize or predict land uses around the majority of this site. The request Is consistent with the policies and trip Intensity'standards of the 1968 Denton �' Development Plan, the 1998 Denton Plan Policies,the 1999 Growth management Plan and Strategy, 1 r' ' and the draft Land Use Plan. A development of fhis size WN have a slgniflcant impact on the mobtlr7y of this area of town. It would 2 99-072 02 Star kepod 1429-99,doe 9. r c be fair to attach a condition to this zoning request a requirement that links the development of this t property to specific public Improvements that will provide adequate protection against detrimental effects that it may otherwise have on the mobility of this area of town. I move to recommend approve}of Z-99.072 finding the t. 1. It Is consistent with the 1988 Denton Development Plan; 2. It Is consistent with the 1998 Denton Plan Policies, 1999 Growth Management Plan and Strategy and the draft Land Use Plan; 3. It provides for compatible land uses; and 4. It contributes to a diversity of housing types and lot sizes within the community. And subject to the following conditions: 1, Prior to the Issuance of any building permits, adequate transportation Infrastructure shall be constructed in accordance with a Traffic Impact Analysis(TIA)approved by the Transportation and Engineering Department; 2. That a commitment for Improvements to the Lakeview Boulevard bridge over Cooper Creek Is approved; and 3. That the amendment to the Roadway Component of the Denton Mobility Plan (DMP) that proposes a new corridor south of Mills Road for Lakeview Boulevard to the west of the existing Trinity Road is resolved. A, r 1, Recommend approval as submitted, 2. Recommend approval with conditions. 3. Recommend denial, 4. Postpone consideration, i 5, Table Item, 1, Vicinity Map. 2, Zoning Map, 3. Denton Mobility Plan Map, 4. 200'-500' Nutification Map. S. 1988 Denton Development Plan (DDP) Policies. , 8. 1998 Denton Plan (DP)Policlas (2 pages). l•_; 7. Draft Ordinance I :49 012 v2 st:l ReM 10-20-9 doe io. I '• 4J t ` r u WAy �t a •� � I r x rr I r` r ETJ + F ETJ u i i I I I � i i i ENCLOSURE 2 NITH• . . . 1 i .0 I ' t � r'•: � E1J �': Mrs 1 , . Ll ZONING MAP Agenda Date: �. J .., t I I October 20, u ENCLOSURE 3 Z-99.072 (LAKEVIEW RANCH) NORTH • 1 .----'- rrrrr .� -�S r Sol • �r .+;- I r � I 01 ' I DENTON MOBILITY PLAN MAP Freeways too Primary MajorArterlals Secondary Major Arterials /\ Collectors r i Agenda Dale: October 20, 1099 Scale: None 13. • , f iETJ� ��� • • A�4 its.< �•r Jill i, , }• � •t, =i • r r r • cti�lll � fEr3 :,� Y .q! I i I I i Ir I • �i I f ENCLOSURE S GOMpItEHEH$Il/ 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are Intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small commerciaVretail centers spaced at about ''A mile Intervals with direct access to a collector type street or larger thoroughfare. Vehlcular trip generation due to development within Low Intensity Areas is restricted to 60 trips per day per acre in �I order to balance land use with road capacity. Staff finds the proposed development to be consistent with both the policies and trip Intensity standards of the 1988 DDP. The following is a summary of the 1988 Denton Development Plan policies applicable to this project: Denton Development Plan Policy Analysis Summary Low Intensity Area Development Rating vs. Polity POLICY COMMENTS it l Inconsistent consistent Intent. These areas represent primary housing areas wittv'n the Gry. x Intensity. To be consistent With Me Atli Intensity a 60 trlpyai Plan,a development shook not taceed is Allocated Intensity• 12,100 WNote allocated Intensity. x f Site Man control. Strict property development control within 1,600 feet of exi"row density residenhal areas. x Traffic Deelgn. Access shook be provided to ensure that multi-Farri or non reWentiar uses have access to collectors or larger Medals with no Bred , access through residential streets. x Open Space. Sulridern green space, recreational faolities and diversity of parks ere provided. x Pubic Participation. Input Into planning try neighborhood assWations end councils h encouraged. x Land use Diversity. Non-residental and N/A-the proposal Is for singfe•famC molt-lanuly development is encouraged to land use, a limited degree. Manufactured Nousi This forth of N/A-the proposal lt far pnqIe-ramlly swe Fam ty housing may be compatlWe land use,not Including manuradured wth de'Mopments in the low Intensity housing areas sub)ect to condtioris Sblp Conhmerdd. My form of N/A-tic proposal b for single-family continuous strip commerc K strongly Is Id use. discouraged In/or near bw intensity areas. r Ar C i 1 � f l I I ENCLOSURE 6 The 1998 Denton Plan (DP)Is to be used in conjunction with the 1988 Denton Development Plan in evaluating the consistency of proposed development with the long range vision for the city. stall finds the proposed development to be consistent with the policies of the 1998 DP. The table below provides a summary of the 1998 Denton Plan Policies applicable to this project: Denton Plan Policy Analysts Summary { Development Rating vs, Policy CATEGORY POLICY [ Inconsistent Consistent Transportation. Comgllments Denton's Long-Range Thoroughfare Plan. Prwotes Aamn tdanagement practices optirnkes operations fa enKrgm service prodders and o9w pudic service o iders. F ' W f x Promotes"c transportation system, 4 ti x Contributes to the Denton Trans network Stormwater Drainage. Protects IWyear floodptaln areas In accordance with :Lt g v Denton%watersxd man agemnt B a ^x r, ";4 a: Conforms to bcal subdlvislon regulation. x Contributes to r4onat detention fadfib Provides for natural riparian envlrormnt along tloodpaln, Upgrades e)dsting v"Andard drainage"erns is Infln M and redevelwwt occur. Water and Develops and maintains property and private wastewater. Inhadndure. Creates opportunity for overvldng water and wastewater lines to meet future development demands, vie x RMdes review of proposed water and wastewater r.r Infrastructure to ensn a piVt safety and health. 4, E x Promotes lnan knpravernents over new Wx extensions. E lectrta Fovkles underground electric service ra new residential ;ti'�a`.: and norvesidentlal developrretL lea :c� X Solld Waste, Prort.>tes etRdent access to an dev Wment for fond t r1w '! wasteservke is +,5"kZ5. x Parks and Recreation. locates parks and reaeatlon fadiitles In aoxrdarxe rfttr +e the Parks and Reveaum Strategic Pier. f x Enhances parks and reaeation opporhrJOes for resieeA1 x Reserves floodplatn for parks and open space to aid in t' floodplaln mrsavatlon eMarts. e. Allows mrrbN g of parks with other public eadUjes to ��p addeve mst-efredro ddmy of p Oc sevkea j(i seuof I" r tmd�p�(xdaleah i; �srR�.�. Fnvironmentat Quality. Promotes preservation a natural resources _,•,' k er.ea; Inteytrata en**Vnentat Mtect orl Kh eoranrk g owMr and mns7W4 devdapmenL 2 99 072 PI S;aT Rest M?0 99 doc i 16, 0 u 1998 Denton Plan Policies Analysis (continued) Denton Plan Policy Analysis Summary Development Rating vs. Policy Not CATEGORY POLICY Applicalble tanaaaa Neighbod"da• Provldef lcaea to publk and oomrkNq fadftles far : >•+ .• residential ndghborfoads ��'��:��>t ,EnyompaaW a mmbtree of"usa tNtt b�e�n�eyRt residents. %edsting ,,�y1�-.,��.���JWM1�r..�.K-�p.J�. d. y�.�l�A� 7 il. %nd 1R ww"oft 1 MA to re&a•iii WHO Mp Mousing, Provtda a range of hmtkq"that appeal to df ft A emowk and hr, % a,dvidwl fe•ftyles Olen a V of*vL-hrrt M size;bundng Met; T ,k �' x Prmm e>dsdng i oudno.tndudng aHardahle housing. tna"M WIC housing 0MA r3Uee economic ConbbAet to a"and dye W loot eon" WVwdfleadom housing empbmdnt end a v*x11N the tut bate. Cewnment =1nWPwnnftnW ooMlnelbntoprosl0e Urban Design, Addreaa earonunhy wwaea in a comVahensk "Mr*r. pvertlflet Yddtecbral appewm*d built wMrwvnent l WNphbodoad 011 elevslopnmt lh0A be MM#tbe VAth e)d%Ung land usts and WWWga. Protects and preserves Dentonh ardytedurat,aAhaal and htstn W resources. Enhancd the apparsnoe slap moor entnnaewayt Promotes the preservation d beet and tandsopinp. x PubIle Involvement f4a,Ada an apportuNty he pudk oonbn Axk q the pteMirq proasa, x i / r Z,"'172 Pa Stall Kepdt 10,M",doe 17, s II I I ENCLOSURE 7 ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON,TEXAS,PROVIDING FOR A CHANGE FROM AGRICULTURAL(A)ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 408.36 ACRES OF LAND TO SINGLE-FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 132.55 ACRES,SINGLE-FAMILY 10(SF- 10)ZONING DISTRICT CLASSIFICATION AND USE DE&GNATION ON 84.09 ACRES,AND SINGLE-FAMILY 13 (SF-13) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 191.72 ACRES LOCATED BETWEEN UNIVERSITY DRIVE(HWY 380) AND MCKINNEY STREET(F.M.426)IN THE PROXIMITY OF TRINITY ROAD;PROVIDING FOR A PENALTY IN T MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PR FOR AN EFFECTIVE DATE. (Z-99-072) Spain,on behalf of Dieter Schwartz,has applied for a change in zoning for 408.36 a land from an Agricultural(A)zoning district classification and use designation to a Single-f y 7(SF-7)zoning district classification and use designation on 132.55 acres, Single- family 10 (SF-10) zoning district classification and use designation on 84,09 acres, and Single- family 13(SF-13)zoning district classification and use designation on 191.72 acres; and WHEREAS, on October 20, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning;and WHEREAS,the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan,the 1998 Denton Plan Policies,and the 1999 Growth Management Strategics and Plan;NOW,THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation of the 81.71 acre property described in the legal description attached hereto and incorporated herein Exhibit A is changed from an Agricultural (A) zoning district classification and use,des 1:, to a Single- family 7 (SF-7) zoning district classification and use designation; t district classification and use designation of the 6119 acre property g description attached bereto and incorporated herein as Exhibit E is chang ural (A)zoning district classification and use designation to a Single-family 10 tusdesignation ng district classification and use designation; that the zoning district classification an of the 22.80 acre property described in the legal description attached hereto and Incorporated herein as Exhibit C is changed from an Agricultural (A) zoning district classification and use designation to s Single- family 10 (SF-10) zoning district classification and use designation; that the zoning district classification and use designation of the 191.72 we property described In the legal dwoAption n attached hereto and 1noorporated herein as Ex1u-bit D is changed from an Agricultural(A)zoning f i district classification and use designation to a Single-family 13(SF-13)zoning district classification and use designation;and that the zoning district classification and use designation of the 50.84 acre property described in the legal description suached heipto and Incorporated herein a'! Exhibit E is changed from an Agricultural (A) zoning district classification and use designation to a Single- F 18, c, family 7(SF-7)zoning district classification and use designation Wei the comprelensive zoning ordinance of the City of Denton,Texas,subject to the following Conditions: I. Prior to the Issuance of any building permits,adequate transportation tafrastructure shall be constructed in accordance with a Traffic Impact Analysis (TIA)approved by the Transportation and Engineering Department. 2. That a commitment for Improvements to the Lakeview Boulevard bridge over Cooper Creek is approved;and 3. That the amendment to 1a oadway Component of the Denton Mobility PIan(DMP) that proposes a n o uth of Milts Road for Lakeview Boulevard to the west of the ex: Thu Ye Is lved. City's official zou°ng map is amended to show the change In zoning district classificatio . SECTION 3. 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 separate and distinct offense. SECTION 4. That this ordinance shall become effective fourteen(14)days from the date of its passage,and the City Secretary Is hereby directed to cause the caption of this ordinance to be published twice in the Denton Recad-Chronicle,a daily newspaper published to the City of Denton, Texas,within ten(10)days of the date of its passage. PASSED AND APPROVED this the day of 19W. LACK MILLER, ATTEST: JENNIFER WALTERS, CITY SECRETARY Ax 1 BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY A. BY: . 19. G t. EXHIBIT A I " L-99-972 , Single Fanllly(SF-7) POINT OF BEGINNING being a Y;Iron Rod South 87139'03*East a distance of 1,702.98 feet to a Y' Iron Rod for comer, THENCE South 02A 29'20"West along Trinity Road a distance of 2,308.03 feet to a X" Iron Rod for comer, THENCE North 87A 07'63"West along Blagg Road a distance of 1,403.40 feet to a Y;Iron Rod for comer., THENCE North 55448'41'West a distance of 131.63 feet to a point for comer, THENCE North 40A 29'30"East a distance of 222.22 feet to a point for corner, THENCE North 25A 51'38"West a distance of 164.43 reel to a p,)lnt for comer, THENCE North 591,01'32"West a distance of 40.87 feet to a point for corner, THENCE North 111,41'25"East a distance of 13.74 feel to a point for comer, THENCE North 70A 06'2 V East a distance of 54.81 feet to a potnt for comer, THENCE North 57"31'14'East a distance of 08.39 feet to a point for comer, THENCE North 02A 08' 18"West a distance of 98 88 feet to a point for corner, THENCE North 34A 46'240 West a distance of 113.12 feel to a point for comer, THENCE North 09,146'53" East a distance of 213.32 feet to a point for comer,, THENCE North 03107' 11"East a distance of 349.74 feel to a point for comer, THENCE North 20A 19' 104 East a dR'ance of 118.20 feet to a point for comer, THENCE North 891,34'54'West a distance of 280.71 feet to a point for comer, THENCE North 00A 25'08"East a distance of 304.49 feet to a point for comer,said poW seing on the south right-or-way line of Appaloosa Drive(a 60'right-or-way}; THENCE North 056 05404 West departing aeld south right-of-wsy line a&I&"of 60.00 feel to a point on the roth right-of-way line of aald Appaloosa Drive,a circular curvo concave to the SovthoasI and having a radius of 630.00 feet and a tangent bearing of South 84A 64,20'West; THENCE run along the arc of said rightcf-way line through a central angle of 04A 68'67"for a distance of 54.79 feet to a point for comer, THENCE North 004 25'080 East departing sold north right4-way Me a distance of 58841 ISO to Lid POINT OF BEGINNING. r�, A r ContaIning 81.71 was,more or lesa. v 20" 1 ' t 1 I U I i 1 i i i EXHIBIT B 2-99-072 # + Single Family(SF-10) POINT OF BEGINNING being In the south rlghtofvay line of 01800 Road(ra 60'righlof-wey) South 87"13'23"East along amid d2htofvay Itne a diatoms of 488.80 feel tog W Iron Rod for comer, THENCE South 02,%15'04'West deporting said right-of-way One a distance of 880,43 feat to a point for coiner, THENCE South 87"44'570 East a distance of 40.00 feet to a point for carver, THENCE South 02"15104`West a distance of 1,912.92 fast 10 a point for carver,said point being In the south right-of wey line of Draught Horse Drive(a 60'rlghtof wag, THENCE South 8T"44'674 East along sold right-ofway One a distance of 40.00 feet to a point for comer, THENCE South 02" 15'041 West departing sold rlghkf way line a distance of 841.89 feet to a point for comae; THENCE North 87"021121 West a distance of 102.72 feel to a W Iron Rod for corner, THENCE North 87"28'16"West a diotsnce of 683.70 feel to a point for comer, THENCE Nor'' ,2A 37'024 East a distance of 3,636.80 feet 10 a Y,'Iron Rod at a farce comer post for comer,said point being In the south right-of wey line of the s10rementloned 81921;Road; THENCE South 87" 13'23' East along said right-of•wmy fine a distance of 516.45 feet to the POINT OF BEGINNING, Containing 81.29 acres,more or lees. A 10 J r 21. t) t� I EXHIBIT C 8-99=072 +� Single Family(SF-10) POINT OF BEGINNING baing a I1'Iron Rod South 874 02' 12'Est a distance of 102.72 feet to a point for comer, THENCE South 874 02'111"East a dlatance of 267.03 feel to a point for comer, THENCE South 204 2V 07'West a distance of$2.88 feet to a point for comer; THENCE South 124 44'380 East a distance of 194.93 feet to a point for comer, THENCE South 1S4 05'26'West a distance of 82.68 feet to a point for comer; TI-IENCE South 32419'01'Eaet a distance of 68.94 feet to a point for cornar, THENCE South 774 34'460 East a dielence of 191.60 feel to a point for twrner, THENCE North 644 39'49*East a distance of 49710 feet to a point for comer, sold point being on the+vest right-of-way line of Lakeview Boulevard (a 80'right-of-way); THENCE North 824 35'47'East departing said west right-of-wey Une a distance of 93.74 feet to a point for comer, THENCE South 024 321121 West a distance of 583.61 feet to a point for comer, THENCE North 814 09'01'West a distance of 76.28 feet to a point for comer,sold point boing on the seat right-of-way 9no of the aforementioned Lakeview Boulevard; V IENCE South 294 5713'West along said right-of-way tine a distance of 333.44 feet to a point of curvature on a circular curve concave to the Southeast and having a radius of 480.00 feet end a tangent bearing of South 294 67' 13'West; T!IENCE run along the arc of said dghl-of-way line through a central sngte of 244 48'06'for a ' distance of 207.78 feet to a point for comer. THENCE North 864 44'34*West along Mills Road deporting$aid rlphtof-way fine a distance of 8516 feel to a Yi iron Rod for comer, THENCE North 864 44'32*West continuing along Mills Road a distance of 131,55 feel to a W Iron Rod for comer, THENCE North 011133'304 East a distance of 1,157.79 feet to the POINT OF BEGINNING. Conlatning 22.60 acres,more or less. t 22. t rl 1 \ - p Ex 99 072 (Coht) THENCE North 484 20'23'East a distance of 268,99 feet to a Caps of Engineers Concrete Monument marked 0-294•W for comer, i THENCE South 024 27'351 West a distance of 443.88 feet to a Corps of Engineers Concrete Monument marked 0-293-SW for comer, THENCE South 024 28' 18"West a distance of 949.62 feel to a Corps of Engineers Concrete Monument marked 0-293-W for comer, THENCE South 024 301014 West a distance of 1,339.23 reel to a 16"iron Rod for comer, THENCE South 834 27'4?'East a distance of 352.07 feet to a Y:' Iron Rod for comer, JHENCE South 024 27'47'West a distance of 130.28 feet to a W Iron Rod for corner, THENCE South 81413'33'West a distance of 88,24 feet to a point for corner; THENCE South 66427'45'West a distance of 111.15 feet to a point for comer, THENCE South 654 08'070 West a distance of 134.14 feet to a point for corner, THENCE North 834 40'48"Wed a distance of 76.16 feet to a point for corner; THENCE North 634 27'22*West a distance of 149.69 feet to a point for caner, THENCE South 254 57'65"West a distance of 232.60 feel to a Y;Iran Rod for comer. THENCE due West a distance of 787.70 feel to a point for corner; THENCE North 03412'67"East a distance of 650.34 feet to a fence corner post for comer, THENCE North 644 35'24"West a distance or 413.13 feel to a K"Iron Rod for comer, i THENCE North 014 69'310 East a distance of 708.01 feet to a W iron Rod for corner, THENCE North 024 40'164 East a distance of 2,126.91 feet to a fence corner post for comer, THENCE North 844 51'02a West a distance of 65423 fopt to a fence'comer post for comer, THENCE North OS4 48'02"West a distance of 10.33 feet to a fence corner post for comer, THENCE North 884 3D36*West a distance of 856.14 feet to a X'Iron Rod for comer, THENCE North 024 51'644 East along Trinity Road a distance of 527.49 feel to a Y;Iron Rod for corner, THENCE South 88416'15"East a distance of 889.42 feet to a Al Jron Rod for comer, THENCE North 164 157'36N East a distance of 146.41 fast to is W iron Rod 16r comer, r, THENCE North 824 28'62'West a distance of 701.37 foot b a W Iron Red for Donner; THENCE North 02A511 64"Eas!B1aunQ TrhBy Road a distance of 680.38 feet to Ali'Iron Rod for comer, 23 . u c. EXHIBIT C . 2-44-072 (COM) THENCE North 02^611V East continuing along TK*Road a distance of 170.03 foal to a W Iron Rod for comer, THENCE North 02A 51'64'East continuing stony and departing from Trinlsy Road a distance of 651.47 feet to the POINT OF BEGINNING. Containing 101,72 arses,more or teas. 24. ti r, c EXHIBIT Q L-99-072 Single Family(SF43) POINT OF BEGINNING being a Ye Iron Rod South 88"44'34' East along Mllts Road a distance of 85.76 feel to a point for comer, sold point being In the east right-ofmay of Lakeview Boulevard (a 60'right-cf way); THENCE South 86,144'324 East continuing along Mills Road a distance of 124.60 feel to a point for comer, THENCE North 43416' 17"East along Trinity Road a distance of 97.99 feet to a point for comer, THENCE South 464 43'400 East a distance of 82.76 feet to a point for comer, :THENCE South 614 26'40'East a distance of 184.15 feet to a point for comer, THENCE South 464 08'37*East a distance of 116.88 feet to a point for corner, THENCE South 784 31' 18"East a distance of 205.61 feet to a point for corner, THENCE South 344 26' 15"East a distance of 113.77 feet to a potnl for corner, THENCE South 57,153'03'East a distance or 124.38 feet to a point for comer, THENCE South 86"43'61'East a distance of 103.84 feet to a point for comer, THENCE South 324 06'28"East a distance of 151.09 feel to a point for corner; THENCE South 654 46'40'Essl a distance of 61.22 feel to a point for comer; THENCE North 45,118'46"East a distance of 133.07 feel to a point for comer, THENCE due East a distance of 60.85 feel to a point for comer; THENCE South 534 41' 10" East a distance of 81.26 feet to a W Iron Rod for corner, THENCE South 031,13'45'Wee I Is distance of 832.91 feet to a Y+"Iron Rod for corn er, THENCE South 60426'45" East a dlstenee or$46,69 feet to a Corp!of Engineers Concrete Monument marked 0.300-W for corner; THENCE South 374 06'22"East a distance of 40629 feet to a Corps of Engineers Concrete Monument marked 0.299-W for comer, THENCE South 404 44'00*East a distance or 55129 feel to a Corps of Engineen Concrete Monument marked 0.290-W fa comer, THENCE South 334 41'464 East a distance of 277.90 fee1 to a Corps or Engineers Concrete Monument marked 0.297-W for comer. THENCE South 254 OS'59'west a distancs or 15209 feet to a Corps of Engmwv Conerete A. Monument marked O.2MW for comer, THENCE South 064 68'29"West s distance of 298.82 feet 10 a Corps of Engineers Concrete Monument marked O.295•W for comer, 25. 5 u 2-99-072 , 1< Field Notes for Parcel D—Single Family (810-7) (including School and Park aloe) POINT OF BEGINNING due East a distance of 767.70 feet to a Y:Iron Rod for corw,, THENCE South 634 27 22"East a distance of 149.37 Net to a point for comer, THENCE North 26"02'371 East a distance of 188.78 feet to a point for comer, THENCE South 831,40'47"East a distance of 122.66 Net to a point for comer, THENCE North 5501 08'07'East a dMonce of 160.62 feet to a point fat comer, ;THENCE North 68"27'44"East a dtstance of 101.42 feet to a point for oomsr, THENCE North 81" 13'33'East a distance of 62.77 feet to a point for comer, THENCE South 87"321224 East a diatence of 15,00 feel to a Y: Iron Rod for comer, THENCE South 02"27'484 West a dislance of 1,800.00 feet to a S4'Iron Rod tot comer, THENCE South 26"281640 West a distance of 274,03 feet to a W Iron Rod for comer, THENCE South 42A 52'48"West a distance of 220,14 feet to a)4"Iron Rod for comer, sak point being on the north rtght•of wey One of McKinney Street(F.M,420k THENCE North 47A 27' 12"West along said rightof wsy One a distance of 319.69 feel to a W Iron Rod for comer, THENCE North 4S"46' 12"West along said right-of-way line a distance of 056.20 foot to a W Iron Rod for a point of curvature on a circular curve concave to the Southwest and having a radius of 71 0.61 feet to a point for comer and a tangent Deering of North 47A 0T 12'West THENCE run along the are of said right-of-way line through a central angle of 16"29'10"for a distance of 204.60 feet to a Ye Iron Rod for comer, THENCE North 03" 12'57'East departing sold right-of-way One a distance of 1,016,11 foot to the POINT OF BEGINNING. Containing 50.84 acres,more or lees, At 26. ti c NOTICE 01' A; VLLi �.o HEARING Z-99.072 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 13, 1999 to consider rezoning a 410 sere site located between University Drive (HWY 380) and McKinney Street)F.M. 428 east of Mayhlll Road from an Agricultural (A)zoning district to a Single- family 7 (SF-7) zoning district on 133 acres, Single-family 10 (SF-10) zoning district on 85 saes, and i Single-family 13 (S17-13) zoning district on 192 acres zoning district (see map on backside). The i property is legally described as Tracts 20, 23, 27A.36, 40, 123, 124, 125,and 127 out of the M. Forrest Survey(Abstract 417)and Tract 10 out of the W. Durham Survey (Abstract 330), in the City of Denton, Denton County, Texas, The purpose of the zoning change Is to develpp a mix of single-fandly lots and housing types. The public hearing will start at 6:30 p.m. to the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas, Because you own property within two hundred (200) feet 0 the subject property, the Planning and Zoning Commission would like to hear how you leaf about this zoning change request and Invites you to allend the public hearing. Please, In order for your opinion to be taken Into account, return this form with your comments prior to the date of the public hearing. (This In no way prohibits you from attending and participating In the public hearing.) You may fox it to the number located at the bottom, mall it to the address below,or drop it off In-person: Planning and Development Department 221 N. Elm ST Denton,Texas 78201 ' Attn: Wayne Reed, Planner II The zoning process Includes two public hearings designed to provide opportunities for citizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing is held before the Planning and Zoning Commission. The Commission Is Informed of the percent of . responses In support and In opposition. Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend dental, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20)percent of the land area within two hundred(200)feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forma are used to calculate the percentage of landowner opposition. Please clrcls one: In favor of request" Neutral to request Opposed to request-_.._ C -. - Comments: Signature: 0V Printed Name: Mailing Address: D r City, State Zip: r/st'0/_ - - A C Telephone r Number Physical Address of Property within 200 feet: CITY OF DENTOA', TEVS CITY HALL WEST • CENTON.TEXAS 78201 • 840,749,6350 (F)640,349.7707 Z-00 070 7001 Noks doe 27. c 10/12/1999 11143 9724SI49E5 BULLARD COST It A: PAGE 03 Oct-32-9Y 04r23P p'O3 e7r 17na 7301 as ids 91i��bl'07m0 ri�t•+Y rurp, a,y ►.wi W C NOTICE OFPUBUC HEARING Zoll! 072 Thu Plonni a and Zonlog i omm4awn of tf»Clay of DereonVAN hold.WjM hdrkq on Wednesday. Cpte10baf 22, 1 ere,to 000elder a tsgwM to'MIOM•Erb rase ftt d of Wad from Aorkupufel(A) 70r&* e4%* tc*kr1 to a vsthy of WMnp do ft@OAN Ih&t&lbw Ye davalp om of sk, *Arn0y MOW's"'M, 1 A edrla err one vaMy Ow�et#ng{t;/.Ty,,i4.1 sows dOre Fatnpy DWa11hQ((af-l0). 101.4 `air 0(One For*DhWUb($F-121 wW 274.1 amir Mona Femiy Dv. MV($f-16)go," d4wsAce4une. The proper Is holed In seal D&APA,ellsfrl,Ing hoar near Hlt�wvay 340 f5 MdOnnay ' StMK na st Trindy A d. Ttw fupik hews; wit be held dtrbv do Alonning orw zoning Conw+rMsioo rn GWO that sU"S at 4:30 pm fn the Cry Ca mmI tlnmeen W C6y Hsa.21 a C.Mdarwey 8troet, Denton,Texas. 8eousa yam►own property whhin two hundred(200)Net d re eueJect ptep",1he 14annkv&rd Zurdng Commbsion would arts ft hear how you Net about 0*»quest to ehsnge rnrdrr7 and invhea you w"and the pubic heafl„g. In sddAton, you We%0W 10 0510016014 Ws form and rerun,K prior to tie delr of the PUM M"Mv. CemNlisong sad fat rairp"ft"does not Prow ymr from ananding end Parffd"*V to the PuNk hssft- You trey feet 00 farm to(940)349-MY,map a to the address below, drop it off In person PIrnnin/and Devaietfnrsrrt DsMtarter,l 221 M.Elm$beet DMAW y Texas 70201 LAO AM: 0hrk Coaatdew The sontng pnoaeas trrckVes ttv0 pubrlt hear) a deslpred b provide opponunhke for chksn Inv*hWW1 and comment. Peer to the pyWo h*wkv&,bodoww$wotlm to teat d pe su*ct propwty are nuWmd of the toning r"L"by way Of"nodes.The PM MN Main#is how bows ins Pbrutkrp and c Zoning N Condtte req The CoasNntp,Ie inikrrfW Of ere 1+eponyes in support and lA vDDosNbo. Seoor,d,k the Zoning rapteel b krwerdd b"CMy Counts for nnat Sewn, Zheub tM Comm1WOM neormtand dk�,the Iollbnet M7 tl,an appes;Ue mqL W 10 de City Oounu7. It ownefs of more than twenty P4folnt Of the land ante Wthir,ev5 hundred f4at of ft site wbmil written 0Pp0"M'than airy of t1N s" voles d the City Otruncd afa requkad to approve the toting nsquest Thaw foltM are usod to cakulafa the Pane"ge of Property in Opp030ioa lri4ae4 Ctr,is One: In suppori of row" Neutral fo ngreel Opposed to roq"9t i Commorlic SEE I,ETTFA DATED 10-12-99 ATTACKED Permed Name l Off 12 In IAaLVAdd'on: P. 00 Box 573 chistowzo Ad_dit on TX _7,f0o1 1 Pnorw►+ bar: 972/661-8474 AddrestofProp"Mfntn2o0fat Adjacent to and south of SH-380 / A'' " send add&eont iu t)ta north proDarty 11x4 of the prop.rty auDJ4nt to %iiirr opPl7estlon oa reaon nt;, CITY OF DENTON,TEE" CITY HALL WEST DENjON,TX)'t't4t W.344.93S0 20. t III 10/12/1999 11143 972-661-09P5 DAI ARD COST INS PAGE 02 Oct-12-99 04,23P -P-O2 4 Ralph Hullord P.0. not 47S Addison,'1'eras 14001 97216614414 VIA FAX(9401349.7707 Planning and NWoprttent DcpaRtnort 221 N. I'hn Street Dimion,Texas 76201 Alto. Mark Doulds )n RE' Zoning case L-99-072 fierwlnmen, As a propcny omwr adjacent to this xortieg application. I ha,e xmle vvm*n.with the request for One Family Dwelfing(Sf-7)being adjacent to my property that his a Planned Devrlupmert coning. Specifically the PI)rordn#tit my pmperly Phu multi-family and light iri&%Ldal uses that would be adjacent to the SF-7 Poning. 'fhe balance urehe appiicam't{n openr that is ad acent to my property Is,and his my understanding%ill remain. agricultural 1md fl• orl for a mlCUM of one acre lots. J As ynu are aware, people will pwclasc homes or home sties and never check to determine the,toninlr and permisa'ble land ores that Is Mal to Ihcm. 'rhe probloM atlsca when th<permitted uses of multi-family or light indastrlal are implemented To otleviale this potential problem, l would suggest the Plenninp and%oning Commission squire the applicant to cxmtinue with the agricultural toning for orte 3m lot minimum cast of the evlWag platted area east of I.aiwview MAL for it minimum 64anea nr700 feet(or a tassonable distance that is In keeping with pool planning puTrsics and praoices)soulh nrtheirnorth property linaberore conmtenelag with the 1 SF-7 tutting, 'I hank you for yrtur consideretion of!his request, Slneacly, Ra Bullard 29. ATTACHMENT 4 Fasada ROM � + MINUTES Data • - PLANNING AND ZONING COMMISSION October 20, 1999 Special Cait meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, October 20, 1000, and began el 5:30 p.m. In the City rouncll Chambers at CRY Hall, 215 E. McKinney. Commissioners Present: Jim Engetbrecht, Elizabeth Gourdie, Sally Rishel,Susan Apple, Rudy Moreno, Perry McNeill, and Cart Williams. Staff Present: Mark Donaldson,Assistant Director of Planning; Mike Bucek,Assistant City Attorney; Larry Reichhart, Development Eeview Manager,Wayne Reed, Planner II; Jerry Clark, Director of Engineering and Transportation. `e [IDIscusslon ontinue a public hearing to consider making a recommendation to City Council oncerning the rezoning of approximately 410 acres from Agricultural(A)zoning lassification to a variety of zoning classifications, including Single-family 7 (SF-7)on 1333 cres, Single-family 10 OF 10)on 853 acres,and Single-family 13(SF-13) on 1921 cres. The property Is located In east Denton, stretching from near Highway 380 to cKinney Street, near Trinity Road. (Z-99-072, Lakeview Ranch,Wayne Reed) by Susan Apple and seconded by Salty Riahel to recommend approval with conditions Council of Item Is Included In Court Reporter's transcript aftschad to this set of minutes 1). carries 7A. 2. Continue a public hearing to consider making a recommendation to City Council concerning the rezoning of approxlmatey 48 sense of land from Agricultural(A)zoning classification to a Planned Development (PD)zoning classification allowing the development of 280 single-family reslda"s. The property is located in east Denton, south of McKinney Street,approximately 3,000 feet east of Re Intersection with Trinity Road. (Z-99-048, Lakeview Ranch, Wayne Reed) Motion by Susan Apple and seconded by Perry McNeill to r000mmend approval with conditions to City Council 'Discussion of Item Is Included In Court Reporter's transcript after',ed to this set of minutes (Page 1). Motion carries 6A- --Cad Williams opposed A;; r 1 30. I 1 1` f I t I Condernaelil Page 3 I P R O C B B D I N O S 2 be panted an opportunity,to speak, And If there Is 2 sot mnamarr: ocod evening,everyone, 2 opposition,rhea number six will coma;Into play and the 3 At this time rd Ue to Cali to tsrda the special 3 petitioner will be slkswvd five Wnutea to speak In 4 called mat ng or the Planning and Zoning Commission fa 4 rebuttal. Following ibat,l will close the public S the City of Denton,Texas for We Wednesday,October S beady. Staff will make may foul remarks. The 6 the 206,M9. We have two fares on the Agenda this 6 Commdsston will discuss due petition and make docir 7 evening. Comminlanas,they era being brought by die 7 recommendation. a same developer and are all stern of ft same dew4am,:t. a A couple of am. Any speaker may be 9 They Just happen to be across the read,at wi Ire.Kane; 9 snowed additional time to speak by a vote of duo 10 Sow in one case, So we can bur both of dieae at one 10 members of the Coomdastoa. We would ask each speaker to I I time and get the staff repeals mad dnetoper's repoc% l I concern him or herself with presenting new Information 13 ti cckn,and then we simply have hvm separate vote. 13 not given by previous speakers. And,finally, I 3 Any objection! Okay. All right. 13 Commlastoners may at any tine ask Questions of anyone 14 In that case,It= I Is to continue a 14 and can on the staff at any time and may adjourn to 15 public bearing and consider making a mosnmemL mt to 15 closed session as allowed by law. Thank you,Mr.Rtad, 16 City Council concerning the rewnly of approximately 16 Appseclaic that. 17 410 acres from Aprkultunl classification so a variety 17 as REM r suppose now I'n summarlx the 19 of zoning eleuifadnns Including aeon 137 acres, la request before us. The applicant is rcgssating,on the 19 sate on 6c acres,and Single-Famu'ty 13 on 192 acres. 19 ate hand,on the south side of McKinney on a 47-acre 20 Tat:property Is located In cost Denton strekhing from 20 tract for a small lot development or 5,3o0 square foot 21 near Higbwyy 380 to McKlnrsry Street soar Trinity Road At 21 minimum. For dwi particular request, staff sent out a 22 We time,I'll open tiro public boring. 22 public nodcc to fee property owners and as of the 13 Agenda Item No. 2 Is to cootinut a public 23 writing and me of today wive received no responses for t 24 burly to conslder making a recommendation to City 24 that particular request For the other roqunt,which b 21 Council concerning she rezoning of opproxlmukly 48 23 the larger property on the nnt'h side of McKinney and to Page 2 Page I acres of land from the Agricultural classification to a I the south of University Drive,staff sent out a total of 3 Planned Davcloprwat zoning classification allowing the 2 13 notices to property owners and as of this titp 3 devc'opment of 280 single-family residences. The 3 received no direct mirpooses as far as the forms that 4 property Is located In cast Denton south of 1.IcKinncy 4 we've mailed out. I bare given to the Commission, 3 Street approximately 3,000 feet east of its interocction s however,a letter typed up by a property owner In the 6 with Trinity Road. At this tune,I'll open&..a public 6 maw indicating their support for the request. So 7 bearing for that Agenda item,as well. And I will ask 7 public notice was dually noted A courtay notice had 8 Mr. Recd to provide us with the staff report. 8 gone out previously but 1 daft have the numbers in 9 MR.REED Thank you,Chairman Engelbrechl, 9 front of me. But that sou sent out originally for this 10 and good evening,Conuniaxioners. I'll simply skip the 10 request. I I usual paper that we go over. Is that all right? The I I Both of these properties wen,part of a 12 public proceedings,the public hearings proceedings,Is 12 Planned Development,which in 1997 wtu rezoned back to 13 that all right sins It's Just one hearing lmslght7 13 Agricultural. Back In September of 1990 this entire 14 MR.tsori BRECirr: Yeah, 14 property was zoned including what is now Lakeview Ranch, 13 MR REED: T7ris was Up bent•• 11 the one-acre subdivision that Is already out them and 16 MR.EN LBRECHT: oh,yeah. Let's review 16 Is trot part of the request tonight,w'as zonod Planned 17 the••thank you I forgot to rcvkw the procedures for 17 Development 126 fa a mixture of rtsidentlat lot elzcs. I e public hearings The Club will open the public bearing. 18 So now we're ironically,back berme tonight to look at a r, 19 Following that,the staff will read Its petition,give its 19 nquicst to rezone It from All to a SIR of residential lot r A, , 20 repot, and make a recommendation. Following the tttaff 20 alma ! t 21 m pat„that's number three on the overhead.the 21 I would Wcc to state that one of the most 22 Petit low will be granted ten ml nut"to speak to the 22 imputant parts about this zoning request involves Its 21 petition. And following that,persons in favor of the 23 impact on irWic or transportation Infrastructure, And 24 pcdtlon will each be granted an opportunity to speak 24 1 would like to ask U the Commiulon her any c000ems 23 Following that,persons in opposition to the petition wit 21 about ineffie,that maybe we look at that lino so lorry PLANNING AND ZONING OCTOBER 20, 1^'`^ Page 1 •Page 4 31 . l 1 v' Coodenultn" — Page 3 Page 7 1 Clark Is here to answer Owl and 1 went to give the I to flon'ry of the brief. The rear relate to speclfr: 2 Commission full time to speak with terry if there are 2 Improvaaents at ipecilic Intersections and we an moving 3 any cotx=s that they have before I add anything else S rapidly wwuds solving The pnaattajes of payment 4 or give staffs recommendation. 4 tawsrds,of the developer towards these hnprovcments. S MR.ENGELBRamrr, okay. We would like t0 S Obviously.if the Steak comes 1n on McKinney Street,which 6 hear a report on where we stand with regard to the Issues 6 some o"you have been on the bond commits.,and Improves T of the road and the bridge, 7 that fin I.then they don't have to do any of those 8 MR.REED: 74ro reason 1 bring this up Is t knprowa::,u. But raw or the other ones are ea City 9 Jerry Clark has a time schedule tonight, I want to make 9 strocu asd would elder have to be done by this dtvcktper 10 sure we have enough time if you have questions to have 10 of a dcvoL por that develops bcfort then. Does the:help II that discussion. 11 you any? 12 MR.ENGELBRECHTI Great. Okay. 12 m womaaFaR: Are that qutari00a? Yes, 13 MR.CLARK: Members of the Commission, 111 Mr.Williams. 14 basically,we've been working with the developer, The 14 MA.MtLLWO r was In Le-Le Lend when you is L-ansr,rlation Issuer are not completely solved yet but 15 mentioned who would pay for&ro million dollar bridge 16 I think we're i uking progress towards those. We've 16 Could you repeat&a4 please? 17 rtvlewed the traf is study,have done significant 17 xit.etm, The actual crossing of Prom 18 analysis,and 1 think we're working out probably of have 18 Crock Is probably joins to be a City expenditure. 19 worked out 90 percent or those issues. That's not 19 That's the one at the south end betmn Case 46 and The 20 completely confxmed yet and that's why the conditions 20 Preserve and that will be a could-mittion dollar bridge 21 are In your backup, 21 by lac time H's all done but Out's essential to make 22 The major Issue Involves the location of 22 &.connection, If) where the secondary arterial is going to be and that has 23 MK wttUOM,okay. Is that currently In 24 not been eomplcWy determined. I can go Into detail on 24 the Engineering budget Public Works budget? 23 that If you want or just tell you that that's still up in 23 sat cL„Rx n will s"Uy probably end up Page 6 Page 8 1 the air, The developer wishes to move it outside or his I In a drainage budget. The bridges have been moved to 2 development and that would move it to a route to the west 2 drainage. 3 of Trinity or down Trinity Road. And right now surf is S Met WILUAMS tvrttnay,it's not a current 4 recommending that It be moved to Trinity Road because that 4 budgeted Itc n today? S Is where the can will go Immediately anyway. We're not 3 MR CLARK! lies not budgeted. So the 6 sure that that other route,where we will get no immediate 6 actual connection from Case 46 to The Preserve it 7 right-of-way,helps us and so we foci that these can be 7 several years off. So We nonhrsouth arterial Is a worked ot.t but they l avcn't been as of yet. t probably several years off which means most or the 9 The lower end Is contingent on the upper 9 traffic will come down eltber to McKinney or they'll go 10 end. Obviously,your zoning Case 46,I think is the 10 north up to 310 or they'll fad In on Mills and BIs", I I number, And If the road is moved over 10 Trinity,It 11 Do you understand thtto roads? Are you up-to-date on 12 will use de same bridge as what would have been used 12 those roads? 13 with that most western route and that is a shorter 1) MA ENOELaacw: Mr.Williams,does that 14 bridge and will actually save on the cosL The City 14 answer your question? 15 will probably be the one that ends up building that Is MA wILLIAmi: It ten me a little bit more 16 unless some other huge development comes Into this area 16 confused. 0 and changes the whole make-up of it, You're probably 17 MR ENOELSRECtiT: All light, We'll go on it locking at a multi-million dollar bridge to grl:cross is and then we tan wine back. Ms. Oourdie. A 19 Pecan Crock there, So this move over will save and that 19 Ms.0M CIE 'that's what 1 was wondering If 20 will happen either at Trinity at if It's in"farther 20 you could show us a vestal as to what you're talking 21 west. 21 about, It Is confusing when you say moving it to the 21 I think there's one o6v Issue, One of the 22 west versus where It's proposed. 2) positive bosefits If Trinity is used Is It would be 2) MR.ctARK: 1 should have used this in the 24 upgraded Immediately. It's kind of a seal-coat road. We 24 first plea, I apologia, This is•• the current 23 would upgrade It to City standards. 1 think that's the 2S Thoroughfare Plan calls for it to Closer come here of on PLANMNO AND ZONING OCTOBER 20, 1990 Page S• Page 8 32 , t t Condoeseltta Page 9 Pam 11 I Trinity. Those options were put In In Dooember of 1998 1 is the one to the east,u it goes through an 2 to tf you look at your old ThortiWare Plan,I mean,to 2 Individual's property and that gentleman we do not know A 3 existing Mobility Plan,as It's called,it slows it 3 if be would give right-of-way. 4 coming right hat through the development The 4 MR.Mt]rE w west not east? 3 developer is Interested fa nwving It out of that s MS.OOURME: I'm sorry. West,correct. 6 section. They've already built the two tans up here 6 And because that's private property right now,I believe 7 and if any more tares am built up ham,the City will 7 all of us were very concerned that this may never become I construct those. 8 public right-of-way and GIs Is wby the Trinity Road was 9 This section,they want to have trace of a 9 chosen as the alternative Mobility Plan objective. Okay. 10 residential character. They've proposed to Trove it over 10 So I'm--so that's nil right now,to we're dill on the 11 here. I think we're right now tending to think this Is I I old Mobility Plan because it's been lying in wait 12 the better solution sins there's no rightrof-way lined 12 Okay. That's what 1 needed to know. This Is why it was 13 up here and no developers contributing now and no 13 very confusing to me. 14 proposed developments In those etas. So we're thinking 14 M0.CLARZ rm glad you brought that up. is that this is the best route for the thoroughfare. This 15 That's a very good point. 16 Is the bridge that 1 was talking about right ham. 16 Ms oouxDlE. Thank you. 17 We're also as one of the conditions asking that before 17 Ma CLAW Appreciate it 18 this development proceeds on,that this bridge be 18 MR.MELEIRECHT. W.Rishel. 19 addressed. This bridge is a critical link to snake sure 19 r tx 1116HEL: Does the property adjoin or 20 that traffic can come between here and lrrc without just 20 touch T:.e Preserve property to the south? 21 completely loading up these two rural roads. So dry 21 MR.CLARK it comes right to the crock and 22 have a significant amount of traffic coming hat and 22 then obviously on the other side that Is The Preserve. 23 they'll have a significant amount of traffic corning 23 So right hem,they're opposite sides of the crock of 24 here. We feel this Is,as far as Qie thoroughfare,that 24 Pecan Crock. 21 this will be the bed solution. 23 Nut DDxALDsom I believe between than is Page 10 Page '" t sat arsHrL those two roads are,whet, l Corps of Engineer land. 2 Micas and B14&7 2 sot Ins im. so dry don t pbysica8y abut? 3 sect CIARte Yes,this is Midis and that's 3 MA DnMALOM' COO, t 4 Blapg. 4 MA aisxet: okay. Thank you. S Ms noLaort: I guess I'm paptexed bee" s sat e-roet execxr: Mr,Will ams. 6 didn't we already adjust our Mobl ity Plan at a pmMm 6 m wTLuk%a Yeah I need to bat a 7 meeting in which we were going to change it to the middie 7 link bit more about this Mobc1'ry Plan that has 8 reuse that ym'm proposing which Is Trinity Mills? 1 8 something to do with ells Property because I'm trm o 9 beticwn wt had a big nxcting about Oat,didn't wt? 9 find out—because what f bard was ebe Mobility—she 10 mx DoNALosmr we had a briermg. The 10 mom omilitfon Is based upon Or approval or disapproval I I Planning and Zoning Coaurdsoke trade a recotttmadation on l I of Us toning. And maybe 1 heard that wrong, 12 that smendme 1. That's rem been taken forward k 12 MA Q.ARx okay. Ld ve start over on OWL 13 Council pending resolution of t i,inning case, 13 On the Mobility Plan R outlines our gab for 14 basically. t4 transportation for me next— 13 stmt ctlR L that's a good point. is Met wftuAml I understand what a Mobility 16 Ms ootmorc: okay. So pending resolution 16 Plan is. 17 of this toning case,the recommendation wasn't put 17 Not Ct.AM6 I know k. I'm just trying to 19 fawxd basutc wire wattng on what's happening hex. IS lad Into It I spotagiae W tat was not very 19 Ob,wvw. 19 MA.wtLUAr a to ttma wads.I don't want A 20 mOL mcNtitt.. what was dhe recoatatatdation7 20 to be the till 200 o'clock. r 21 sea oovRwx That we switch the Mobility 21 ML CI.ARx: awe. If you want in charge am 22 Pion,wbkh originally showed she outer loop which went 22 M ADiry Plan,what It requires Is an attmdnmt What me 13 along the lake them,to the other dated ire wbkh Is 23 dcvelnpa had proposed with this aneodmurnt,wboa we ewe 24 Trinity Mills because it was supposedly economically 24 in we proposed that this would probably be de belt 23 mate feasible. The problem with the third rm!.which 23 solution god de developer was cot to agremeni with Ad PLANNING AND ZONING OCTOBER 20, 1999 Page 9•Page 12 33. t v Condentlelint Page 13 Yale is 1 at the time and we ere negotiating with them now. But the I have some improvements to It. a 2 official ameodment has not proceeded on. If we go with 2 Ms,oGUa m out this is outside or the 3 Trinity,it was actually shown as an alternate and we'll 3 property owner,of the development's property? 4 check with loo and see if all we have to do is delete 4 MiL C7ARx: n's outside the property owner S one of the two alternates. This was shown U one S but if they run 1,000 trips a day,then we want to make 6 altercate and this was shown u mod a. This was shown 6 sure that we've looked at that carefully. 7 as the primary and this was the alternate. We'll we if 7 MS.CIOURDIE: And Is It In out ability to have 8 all we have to do is delete that off and we really don't a than fix the road up to-- 9 have to have a hearing or we may have kta have a hearing. 9 MR.CLAM: To the amount that they generate 10 we haven't confirmed that yet. Once this issue is 10 the impact,ya,it is. 11 resolved,then we'll do it. But the amendment of the I I Ms.oGURDIE: okay. Thank you. 12 Mobility Plan malaat it official where the route is 12 MR.Max+ And 'bey have to bring it to a 13 supposed to go. If it's on Trinity,then this will go 13 minImurn standard whore it's care. 14 down to Just like a residential street and come off the 14 M&000RDIE: Thank you. IS map. IS MA ENGELSPECHT: Other questions? 16 MR.WILLtkM& okay. Now,I've heard that I6 MR Mti'8iw when was that resolution sent 17 this Commission made an amendment and it's sitting 17 forward to the Cout-10I? That was just after 1 got on 18 somewhere someplace. 18 the Commission,wasn't it? Wasn't that the last two or 19 MP.CLARK! They made a recommendation to 19 throe months that that was ham? And we had this same 20 the City Council. 20 discussion about shall it come riot straight down or 21 MR.W1LUANIS: okay. It left here and went 21 at all it go west and that was the resolution we passed 22 to City Council. 22 forward. Oksy. Thank you. 23 Mil ctAPx: it hasn't gone to City Council 23 Ms.cLkRx., H was in late August,early 24 yet. It hasn't boon put on an agenda but your 24 September. 23 recommendation stands until it's either not pursued or 25 MR.EhOELBRECUT: If We recommend--let's Page 14 Page 16 I City Council adopts it or adopts something different. t assume for a moment that the Trinity Road,since that 2 Ma wItUAMS: okay. Before 1 can vote on 2 was our recommendation let's assume that's the route 3 this,I'm going to need to read that amendment because I'm 3 that's going to be taken,what will be the requirement 4 voting in the dark if I don't read that. 4 of this dcveioper with regard to that stretch from S MR.MAX: okay. I'll get that foe you. s McKinney to the new LA-view Boulevard? 6 1111 go down and run a copy of it and get that for you. 6 Ma.CLARK: hat's also one of the things that 7 MP.WILLtAMS: okay. 'Thank you. 7 still bam't teen settled,what impact that--why 8 MR.ENGELBRECHT: MS.Gourdie. 8 haven't agreed on Ow Impact and what they are willing 9 Nis.Gomm Are the roads Blame and Mills 9 to improve yet. Do you want me to tell you what were 10 able--I drove down them when I went through this 10 recommending? I1 property and they we very rural,to say the leas!. I1 ML ENMORECHT: Yeah. i want to know 12 Where are we going to send the property while we-- 12 because I'm not at all Comfortable with trying to move 13 these people-• I mean,I guess what I'm trying to ask is 13 any or that traffic down those little roads and then 14 build-out time versus time for the roads,are we Just 14 over to Maybill. That's Why this whole plan was put 15 going to be putting undue Stras on these rural roads IS together,Lakeview Boulevard and the design was to--the 16 for these folks that live there or what arc we redly 16 purpose was to carry that traffic from this area through 17 going to be doing here? 17 that. to MR CLAPK! Acy an very rural and that's I6 Ma Cum we're recommending two lane be 19 one of the things that we're negotiating. I think it's 19 improved from here to here and that this bridge be a, 20 Mills Is the one that IS proposed to arty 1,000 trips a 20 Instilled,two tares or it 12 day. The impact on this one Is minimal. But this one 21 MIL MCNERLr Oa your rap there--excuse me 21 is proposed to carry 1,000 trips a day and one of the 22 for Interrupting•-on your map where Is Uolvtr'sity,360 21 things that we're--and that's one of the thing,that's 23 --McKirmey,when's McKinney? That's McKinney right 24 not resolved yet is that we're not so tern if w0v 24 thee. Okay. 2s going to run 1,000 trips a day on it that it shouldn't 13 MK ENOEtBREM! fart',wben you say PLANNING AND ZONING OCTOBER A 1999 34. Page 13 •Page 16 � t i Coodeoseltt" Page 17 ` Page 19 1 Improved,are you talking curb,gutter,two-lane curb 1 tlrimlc we're going to be alt right with this if we get, 2 and gutter? 2 slope it'd eeastructed here,if we get this bridge in 3 MR.Ctwwt: Yes,two-lane City stand Ards, S place and we get the two land down to bme because a lot 4 MR Q:GE XM1T: All riAL Yes,W. 4 of their traffic will use their residential stmt This 5 Rishel. S eat of traffic will feed down. Some here might conk up 6 MR usHEt_ As you talked about the road 6 and use this. 7 that comes down from University south and it's currently 7 MR t7*MkECHT: well,4L 8 two laws. Is that what you said,fa r2R 8 MR CLARK: A lot of their oar tc,but then 9 MR.CLAM, Yes,two lanes from here to 9 it will come in here and come to Mayhill and cane to 10 here, 10 288. A certain percentage or it is going to come up I t MR RISHEL+ And you said if we wanted to 11 hero and use 380. 12 take that to four lanes,we'd Bad to do that on cur own 12 MR ENGMILECHT: Exactly. But we're losing 13 as a City. Do we own the right-cf•way on that? I3 that link that they would have built two lanet right 14 MA CLARK: Yes. There's 8o foot of 14 there? 15 right-or-way. 15 MR.CLARK: Yeah. 'This link which would 16 MR.RISri£L Thank you, 16 have been on there is not going to be provided fa hero. 17 MR D;GELBkFM: Okay. Other questions? 17 So,yeah,we are losing that. 18 Well,l think that answers my questions with regard to 18 MR.R1SHEU But it's a lot less bridge to 19 the northern link from McKinney up. Basically,what we 19 moss. 20 teed is a condition that until that road Is repaired and 20 MR.CLARK: Yeah,we am saving some money 23 that bridge is built,nothing goes anywhere. That's the 21 with the bridge. This bridge is going to be between 500 22 way 1 see it 12 and 800 feet shorter. 23 MA CLARK: 7hat's generally what we're 2) MR.ETIGELBRECHT: Okay. Ail right, 24 recommending through those conditions that Planning is put 24 MR CLARK: so that's going to reduce our 25 In the report. 25 costs. There are two bridges this may but they're still Page 18 Page' I MR ENGELMITCHT: Okay, Now going south, t shorter than the one that comes across here. 2 now we've got the other link of this thing. Now,right 2 MR ENGELBRECHT: And The Preserve will 3 there c r.rot is it now right there or is it moved over 3 build up•- 4 immafiaW, cross Trinity Road? 4 MR CLARK: I krtovv row,l apologize,I need 3 MR.CLARK: if this is moved and they really 5 to mention before,the real advantage which they've 6 have no Impact then this becomes a residential street 6 brought up all along on this Is s thoroughfare over in 7 This becomes a residential street and this will really 7 dJs area,over in this area,Is really saving•-which 9 become somebody else's issue. This one will be ••when 8 it's serving this area,it's better to have it in the 9 these properties develop,then we'll get this section. 9 middle thrn it Is clear over on one tide. 10 You had a zoning use came in I thlnk for a mobile home 10 MR ENCEURECHT: Yeah,and the bride Is It community,that gives you some opportunities there. it gala. 12 MR DONAL MN: Yeah,that's gore away. 12 MR CLARM 'that's the major becefn we gala 13 MR ENGELBRECHT: But that's the problem 13 and 1 think the benefit of that hopefully will artwelgh N with moving it over to Trinity Road is is that all of a 14 the loss we have here and also the gain we have from tit 15 sudden that link right there now becomes a piom In 15 charter bridge hero. So there are some real positive 16 waiting,if you will, if we had taken tle eastern 16 things in that 1 apologize far net mentioning that. 17 route,then this davcloM would have been required to 17 MR ENGELBRECHT: Okay. Now,The Preserve 48 construct that Sink of lakevkw Boulevard? ]a wilt bring it up to where? r r 19 MR CLARK: Right. 19 MR.CIARKe The Preaave to going to bring A, 20 MR.ENGELBRECHT: Could I get Stet other ow 20 It up to right hero. 21 back up there? All of a sudden you switched maps on rte 21 MIL ENGELBRECHr, All right 22 now. Thank you. 22 MA CIAKK- ?fat's Pecan Creek This Is 23 MR.CLARK, Ba4ically,we would have got it 2) Pecan Cmck right bere. 24 down to here but they don't gencrete the need for Us 24 MA M1sHEL: south of the creek 2S bridge but we would have had it from lkac, The thing is 1 123 MR.CIAMK: Yeah. Thst will stop on the PLANNING AND ZONING OCTOBER 20, 1999 Page 17•Page 20 35. L. 1 I 1 � Coadensbl/T" Page 21 ' 'Page 23 3 south side. I My that from FD-126 down to At back is 1991. A 1 OL 2 MR ENGELDIL 117 Yeah. SO We haft to figure 2 portion of the I'D remained and that was the nerthem 3 out a way to get the bridge In sad get that link down in s portion and that was for non-reddential uses. And also 4 order to link that all the way up. 4 another portion was kept But the portion to the north S MR CLAXLI W.S. S of this property is for non-resideotid uses. I think 6 MR ENGELBum.. And what's the estimate on 6 there may be some Muid-Family,as well. 7 that Iink fink,not the bridge,but the link or road for 7 MR DONAIDSON: 7lem'a Qent:ral Retail, 8 two lanes? 8 Multi-Family,and Light Industrial. 9 MR CLARK: A quarter million,just a guar. 9 MR REED: And it's important that I point to MR ENGELBRECHT: 7hat's to do it. That's not to that out because the concern or the p-Verty owner up I I to acquire the Kos-cf-way7 I 1 them says that they have concern with the request for 12 MR CLARK: No,not to acquire right-of-way. 12 one-family dwelling,SF-7,being adjacent to their 13 MR 0 GET BRECtrr: Assuming we have the 13 property,which vas a Planned Development zoning 14 right-of-way? 14 designation. And often the Com tIsslon is sensitive when Is MR CLARK: Right, 1 S there's different residential zoning. In this use, 16 MR RUSHEE: IS these any leverage In that? 16 it's Muld-Family,Genera)Retail,Commercial abutting 17 MR CLARK: If the developer gave us a 17 what would be sF-z for this rogxsL And I'm going to 18 4t-or-way you could probably count that as■ 18 pass this around. 19 leverage, Then is no State Involvement on that. The 19 And I thank Jerry Clark for going over 20 thing that the State is talking about working is working 20 transportation so eloquently. That is,of course,one 21 with the developer throrgb a bridge program to try W 21 of the major issues of this zoning request. 7be other is 22 get this bridge in place because the State would like to 22 its compatibility with surrounding zoning and its 23 ace this in to help. They're aware of the congesdon here 23 consistency with our Comprehensive Plan. Concerning 14 and thle would actually help some along••when 296 is 24 those Imues,I'll address that we find at staff level 25 being built relieve a little traffic,too. 25 that the request Is consistent. And if you look at the Page 22 Page 24 1 MR.ENGELRREC-HT: Are they going to assist 1 request for the property on the south side of McKinney for 2 us with that larger bridge at this point? 2 5,500 square foot Iota and balance that with the remaining 3 MR.ctARK: we have no offers yet, 3 property,some 410 aorta where they're going rot a mix of 4 MR.ENGELBRECITT: okay. You don't have any? 4 SF-7,SF-lo,and SF-I3,we rind Chet in total Ibis request S Okay. All right S offers a mix of lot does and,th mrore,provides 6 MR CLARK: This is an existing bridge to 6 something that is consistent with our Comprehensive Plan, 7 the progmn they have would put some money into it. 7 as well as the 1996 Growth Management Plat and land sue, 6 There is no bridge here. 8 drag lead Use Plan. 9 MR.ENGELBRECHT: okay. Any other 9 As fa as Its compatibility,wall,there's 10 questions? Thank you. And you're going to get the•• 10 not much out that right now except for some single- I1 MR,CLARK: Copy for Mr.Williams. I I family residences on larger sacagO and a lot or ET2. 12 MR.ENGELBRF.cHT: okay. Very good. 12 And,of course,we don't control the property adjaceat I s MR.w7Lmms: Thank you. 13 to the request which is already in the ET2. so we do 14 MR.ENGELBRECHT: Mir.Reed. l4 rod this consistent and compatible In so fa u it can is MR.REED: rhl start off by correcting is be with existing land uses And I'll point out that the 16 myself earlier. 1 did forget that wK have receivod 16 developer is also••the applicant In this use Is also 17 three rtaponsei from property owner. Two of there are 17 the developer of the Lakeview Ranch properly which is is in favor, They did not write anything but they ere in I8 the one-acre subdivision with 155 lots thuu's already 19 favor. We did receive one In opposition and It is from 19 out there. So I think he to bed address how is this A, 20 a property oww which Is adjacent to the 012 request. 20 compatible with one-sore lots. I'll be happy to answer 21 And if we get the document camera book,the propezty 21 any questions. 22 owner owns property up here. And,basically,let me stow 22 MR ENGET9RE.CHT: Questions,Cmrtmissien M? 23 the zoning map also demonstrates that that particular 33 It appears not st this time. lud you. Is the 24 properly located up here Is in FD.IN. 1 had mentioned 24 petitioner or petitiona's representative pteaeat? U you u earlier that this property was down-zoned,if I could 23 would give its your none and business oddres for the PLANNiNO AND ZON3NO OCTOBER 20, 1999 Page 21 • Page 24 36. t• CondenwI10t Page 2S Page 27 I I record. 1 of engineer property over hero Again.V does have the 2 MX SPAn4: My name Is Paul Spain. Business 2 higher zoning to the north of It. And to the south or it, t 3 address Is 700 Lakeview Boulevard. We're the only ones $ it has property that was also part of the original Bass 4 out there,basically. If 1 could stag out by telling 4 and has patio homes and five and eight unit per acre S you about our fast phase. The entire project is 73S S residential zoned bare. 'fiat's the reason for the 7,000 6 eats. The first phase which we are developing out at 6 square foot request been as the minimum site. Because or 7 Lakeview Ranch hem that you we is 157 lots on 273 7 our neighbors,as they develop,we're looking at 8 eats. A huge first pt m:,all lots one to five acres 8 industrial multi-family on one side and intensity of five 9 in size. In that project we have started on the amenity 9 to eight on the other side. Ilowever,certainly it we an 10 center and we've started on the entryway off or 380,we've t0 successful with what we're proposing and developing now, I I paved 1,000 to 1,200 feet or entryway off of 380 to get I l we will continue doing so. Again,this Is a minimum. 12 the address on 380 and get the look. 12 With the zoning around us,we feel like that's a good land 13 The amenity center,sales center Is under 13 use Tract B Is the tract parslkling A.Spotted trees 14 construction now. As you see,it has very much or a ranch 14 up in this area, It goes along the creek tuiginaliy 15 feel, That's under construction about 2,000 square fort. 15 planned for one crock to go down the middle and basically t6 That will house a pool to the back for the community, 16 reflect this.which it may, In feet,do. We've requested 17 community rooms,kitchen,rcsuooms,and also a sales 17 on that some 84 acres sP-to. Another part crew tract is office while there Is sales going on out there. 18 is a IS acre pvicel down here which goes along the creek 19 We also have plans for the rust phase, 19 and is awfully attractive. 20 horse trails, We've met with Ed several times end since 20 Tract No.C Is probably the prettiest,it's 21 we back up to the Corps,we'd like to turn the dirt bike 21 just under 200 acres. It's pretty heavily wooded,the 22 trails Into horse trails and have a little better. We 22 corps is over on this side. The crack running along the 23 do have some of the lots dood restricted so that they 23 north side. It have various owners on the west,mobile 24 can have horses. some of them we large enough too when 24 home parks,tractors,old cemeteries,and then the organic 25 you could go out the back of your lot directly onto the 25 farm here as it swings over to the east. But from this Page 26 Page I Corps land and ride and tie into Lake Ray Roberts. It 1 part up, it adjoins the corps and is a solid lot of woods 2 would be really beautiful. If 1 could walk through the 2 and it's Just gorgeous. There's quite a bit of 3 project sort of phase by phase because it's awfully large. 3 topography. A3iln,that was one or our original reasons 4 I'm not sure,who was the letter in opposition from? 4 for wanting the zoning moved over. In this area,we have 5 MR.ENGEtBREC1tr Mr.Bullard. 5 come up with a plan for it. We have planned two lots per 6 MR.SPAIN: rte's our neighbor to the north. 6 acre on this property because or the topography. we reel 7 W. Bullard actually grew up right in hen. 7 like the lots have to be larger to save the trees where 8 MS.GouRVE: Mr, Spain,thank you. That's 8 t.Se lots am platted. We roll out of that Into parcel D 9 much better. 9 which Is pretty flat and has a water tank We have a plan 10 MR.SPAN: Part of the original Bass track 10 there to give to the school system,a school site for an I I was north of our tract and it was a higher zoning of I I elementary school,12 and a half genes. 'lbey've tequeatcd 12 Retail, Multi-Family end Industrial. This land for the 12 that It have a park neat to it so we are alto aolnq to 13 most pan is flat other than it her some mesquite trees. 13 give a park two and a half next to it,so the school site 14 Mr.Bullard also owns over here to the west. Reworked i4 will be IS acres. is coopaalivcly with us to She us the right-of-way. We Is To the north or that•• although parcel D we 16 built the road and put In a water line and he allowed us 16 are requesting 7,000 square foot lots between the school, 17 to do the landscaping,put up a fence to really improve 17 the park and then what Ed would like to do with the nest i 8 the area. He's been cooperative The property adjoining 18 of this right hen Is have a community-wide park and that r i9 that would be parcel A Is about 82 acres and is basically 19 guy be In fact a pan of the bond election which we really r A, r 20 treeless. Then ere a few trots down here In this corner 20 supported. f r 21 and some over here along the creek. For the most part 21 If you cross McKinney you run into the other 22 it's pretty flat and wide open. Again, it was our 22 piece down here which we haven't explored as much. It's 23 intention that Blegg Road would be elLninated once 23 pretty overgrawa,but we did learn from Weldon it used 24 Appaloosa is put in. This place we call the enclov 24 be a motorcycle track and they put the tires at the edr. 25 because It's sort of a private little area. It has corps 25 of the turns. We thought somebody was dumping tins out PLANMNO AND ZONING OCTOBER 20, 1999 Page 25 -Page 28 37. {: t. Coodtmaelt"t Page 29 Page 31 I hers by the thousands. It turned out that they were using 1 Parcel C which Is just under 200 acres In the sort of 2 those for their motorcycle tract. But we baysn't captured 2 canter of the property. Parcel D Is S l acres will have *' 3 this,although you can one It's a lime wooded roe 3 the School sites north side of McKinney. And then pores 4 lopog aphy is fairly ML It would be a ndu little 4 E which Is our Pa. 3 community wM The corps on the back south side. So we 3 MS.Gw"M Thank you. 6 plan Inn that would allow an arm whose you would bate 6 MR.ErGEURECHT: Mr.Moreno. 7 people that didn't want it large lot,would allow something 7 M0.MORD*. Yes,sir,Mr.Spain. Have you R mane malnainble,spin,deed sestriCIA tightly a seen this letter or fax from Mr.Bullard? Mike,Is it 9 controlled.mere open space in the community. 9 appropriate to dare this letter with b[.Spain? 10 In the oven0133 acres,overalS deosity of ID Mr.Spain,I'm not sure what he's asking for ben. I'm It 2.3 units per acre,no eommercla%so onacbed housing, I I having difficulty understanding his suggestion. I would 12 on single fanny attached zoning. As we did this plan, 12 like for you to kind of interpret that for us if you can 13 as we care up with k the one Ming we did is we bad 13 or if you have a better understanding than I hate. I'll 14 public bmrirW in the community to we wbal the community 14 give you a moment and be quiet. 15 fc11 about h on, out first one was tie corlem i3 MR.SPAIN: I think be's asking fa 1700 feet Id section. The second one was for the coma section of the 16 buffer of one acre lots-- Isn't that right what it says? 17 property. And the third vms for the soutlem section. 17 MR MORENO: 71tat's what I think it says. I g Mark attended an meetings. We bad anywbue from 20,25 IS What's your reaction to that? 19 people at the various meetings to bear what their thoughts 19 MR.SPAIN: It's normally the other way 20 and concerns were. And 1 don't bcBm we had any 20 around. 21 opposition to any of them. We mct with the ocigbborbood 21 MR.ENGELDREm: Do you have any other 22 and I think we have thew support We ate missing some of 22 questions? 23 the owners In that reighborlaod, Air+.McNen has come 23 MR.momrO. No,l just wanted to we if you 24 again. Sbc's one of our neighbors over bete on this 24 were reading it the same way d WIS. 23 pioce. The otba Air.and Mrs.Ystort are one of the three 23 MA.SPAIN: He Is concerned that AS people Page 30 Page 32 1 houses hero that at in the middle of the project. And 1 move into our single family,they won't fmd his 2 Mrs. Wilkerson and her husband Eve up here In the coma. 2 industrial of mull-family a compatible u neighbors. 3 We've tried to work with the neighborhood on all the 3 MR.MORFNO But going to the larger dots, 4 different issues that come up IS cos develop In the are* 4 would make it worse,I would think 3 and hope that we have theta support, We'd certainly be 3 MR.SPAIN: 'that would be my perspective. 6 open for any other questions. 6 MR.MORENO Okay. ThAnka. 7 MA ENGELERECHT: Commissioners. MS. 7 M0.ENOEtBRECHm Mr.McNeill. 6 aotrdie. B MA MOMILL to response to ConunhSsioncr 9 Ms GOURD]E: Mr.Spain,I guess I'm a little 9 {3ourdie's question. What were considering tonight siatvs i 0 perplexed,could you just clarify,again,for rase one more Io --the first item on the Agenda is Case 46. '[Tot's just a I l tuna, the northern hair of the property,right above the l l smelt piece down at the bottom. 12 phase 1,you said that they would be sFa's which would be I2 MR.SPAIN: Excuse tee. That Is*L They I i abutting the Po to the north of the property which would 13 do have 46 fu-d. 14 be followed by a tract right underneath I%correct I 14 MIL MCNEILL, 11al's the only thing we are I S believe that Is the—what was the zoning on that? 15 considering right now. 16 MR.SPAIN: Five to eight units per Acre patio 16 MR.SPAIN: H is CWNSing. 1 apolegdne for 17 homes. 17 that Because of the different PD versus straight zoning Is MR.DONALDSort: Two a remnant of PD 126. 16 wz had to separate that r, 19 M0.RISHEL Soreole edge mm that? 19 MR.MCNEILL tel me follow-up on that ilea. A, 20 MR.RISHEL RECHT: Right 20 In your drawing item,let me we--slaw me whae 46 Is. 21 M.S.Gomm I guess is that pan or what 21 Tbat's this plea right there. 22 we're discussing tonight? What exactly are we dimming 22 MR.SPAIN. N'S just north of the Creek 23 tonight? 23 MA MCNEILL Right And the blue IS the fake 24 AIR SPAIN: we are discussing parcel A which 24 out here to the right? 23 is to our north t:nd east. Past B,83 on our west. 125 ME SPAIN: Yes. Akay. PLANNING AND ZONING OMEIER 20, 1994 38• Page 29• PAge 32 c• t I f t CoadeoaeIl"' Page 33 ` Page 3S I Ma MomtL.okay, But It will be compatible I A truly unique era. We're up here sort of in a hiddas 2 with the rat of your development. There's not anything 2 arok part of town. To ad people here,we're ping to 3 apc.ial about 46,h deer's 3 have to lave something special. And we've pt to save 4 Ma srAtN, nY just on at otter aide of 4 the trees,which people love,end crate an open space S Trinity. 3 which they like,end have a community in which they wilt 6 wt.EMELWCHT! Mr.Risid 6 drive a little farther to go to. And that's whet we're 7 sea t MML. would you,while you're talking 7 in the process of trying to do. 6 about that parcel and D sba.s that,stow the the access to s M0.w7LL1AMS: Thank you. 9 the—or potential accas to the Caps property. 9 M0.ENGEt.Bnm: Mr. McNeill. 10 ML SPAM wbat we salted about with Ed is, 10 ML MCNW I forgot to mention that I 11 again,in have the road—our interior theme mad,for a 11 wanted to Stank you for the permission to go to bed 12 lack of a bettor wad,meanders up in hen and then 12 before 4:00 lest week. I thank you for volunteering to 13 follows the road. But right In dirwo here it coma 13 move to this evening. 14 right through Item so school would be on this side and 14 MIL SPAIN: My pleasure. 15 then Ed because—again,the topography Is pat on it IS MA ENGELSRWa: Other questions? I've got 16 This would be a peat location for soccer fields,regional 16 several. The issue of the so"to the Carps land.I'd 17 Nrigs. lit was also thinking with our encourageml that 17 like to better understand what you and the Parks 39 it world then eve them access Into she caps,into the 19 Department are talking About,a number of acres of your 19 kite,which we've been over In Grapevine and Southlake and 19 property or simply just a small access eta to get into 20 they've made tremendous use of corps property for a dollar 20 the Corps are? 21 it year. They have greet bake trails and au sons of 21 MR sPAN: what Ed has shown an Interest in 22 caber uses, We Just thought that would be a great 22 Is including,which I think is part of the bond election 23 addition for the City or Denim to id to the take. Sows 21 far the parks,was to acquire some 20 to 30 acres hoe, 24 supported that and encouraged 14 that we would—thought 24 basically the remainder of the east side of the road up to 25 that would be really good for the community. 25 the trees,up to the water,the water tank,which would be Page 34 Page ' I M0.ENGELBAECHT., Mr. Wil liens, l this area. 2 M0.WILLLAMS: lust to keep me happy,when you 2 MA ENGELBRECBT: okay. And that would be all 3 an example,say football fields and not soccer fields. 3 the way down and abut that little park that's shown on the 4 But,seriously,the question that I was wanting to ask you 4 map now? S is,basically,your philosophy In regards to amenities and 5 MIL SPAINr correct. 6 in your SF-5.5 area. You made a very general statement. 6 MIL E<GELSRECHT: okay. 7 I would Just like to know your philosophy about the 7 MR.SPAIN: So you would essentially have, S amenitiea with those smaller lots. s If you were driving Into the project from the south,you 9 Ma.smw: People with analler lots may not 9 would have an elementary,school on the eight and then a 10 went to maintain a large Iot,but they still want open 10 30 to something acre park that could expand Into the I I space in their community. They lend to want it In areas 1 k Corps right behind it. 12 in which they can go to and visit end enjoy,whereas not 12 Mai QWELBRECPR: All right. And they've 13 having to mow on their own basis. So we have put that 13 talked to you shout purchasing that And prices and All 14 down there which allows us to develop a amaller lot and 14 that sort of thing and you're aware of all that? 15 put in open spaces throughout the community when the 15 M0.SPAIN: Yes. 16 residents can use. And with Pecan Creek on the south, 16 MIL ENGELSUC4T: Okay. You did not mention 17 that's a gnat public area. They would be able to go up 17 In your report anything about work you'll be doing or I5 Pecan Creek and tit Into the lake. It has great potential III plan to do,end 1 know you're still in negotiations,but I r 19 for recreational walking,jogging. We thought this was a 19 that's my big conoem,the road. We've got to gd the f A, r 20 ghat are for that Plus it allows us a wide variety of 20 folks across here and what are we Solna to do about ( / \ 21 products and la aims. We'll be offering anywhere from 21 Trinity Road and the bridge? Not the bridge to the 22 5,500 to five-am lots which gives us a real marketing 22 south,I mean,that's ours. But the bridge to the north. 21 advantage. 23 1 went out there and drove through it and 1 know wbere 24 But our philosophy on the development is we 24 you're talking about eaoss the creek there, 25 have to,in order to be successful,offa the home buyer 25 M0.smm ibe only problem with the bridge PLANNTNO AND ZONING OCTOBER 20, 1999 Page 33 - Page 36 39. Islas , i ConAEf3wit.. Page 37 " Page 34 1 to the north across Haan Gads Is a o"Joo and a t houses,which means that's hat(the Iota baring all the 2 quarter dollars. That is the only problem. 701 burden 2 costa for the era. So It's-•what we're trying to do is * . 3 on us 601118 tow density Is attma. Our cat to Phase 2, 3 get with the Highway Department,come up with other ways 4 our cost per tot Is up 50 percent because of that bridge. 4 of funding it that are mere attributable to the general 3 Sows just—wt undmtand the brWge 4 aadod. A S area rather than just our project. 6 million ands quarter ls o lot of dollars. Thafe wby we 6 MIL LNGELBRECHT okay. There appears to be 7 have gotten with the Highway Department,wdve gotten with 7 no other questions. Thank you very much. Is there S the County,and we are trying to push an alternative 8 anyone present who would like to speak in favor of the 9 funding for that that we an do. 9 petition? Anyone present to speak in favor of the 10 out.EaOELtsaearr: okay. SO,basically,we 10 petition? In that case,Is that anyone present••oh I 1 just that's ail towns row. We don't—you're 11 Come on down. If you would give w your name and 12 negotiating with them or discussing with than but we 12 address far the record.. 13 don't We any fum plan. Nobody has a rum plan at 13 Ms.RICNATtt I'm Ms.McNatt and my property is L4 this point 14 adjoining the development And I would like°what I Is wL Snuff: Right. 15 would like sins we're talking about Trinity Road,era, 16 au rxotiBReetrr: tbat gam to the bridge. 16 they have abandoned the road south of our property, 17 What about Trinity Road? 17 Trinity. And then they're trying to abandon Blagg Road 18 Mx sperm: we just met w hb lorry about a IS that goes right in front of our house. We would like for 19 week or so ago and he told us about the need to improve 19 Blagg Road to stay open because of the bxffie from 380 20 Trinity. our traffic enghm tell us that Trinity in 20 comes down on Blagg Road and goes onto I krview. And 21 its present state,that our rood,our theme road 6nst186 21 that's what we would like to do is have Blagg Road gray 22 our project and Trinity will handle all the traffic In the 22 open,not abandoned,because we either have to to up to 23 area The reason being Is because if you look this Is a 23 University to get out,or go down to Trinity,east of our 24 peninsula down bee. It doesn't go anywbae and won 1 24 house to go north, And that's the way we'd have to do it 25 until the concrete bridge is In. Nobody comes here unless 25 They've opened it up right now so we em get through. But Page 38 Page 40 1 they're going to this area. People going out go west and 1 construction Is going on at University in Denton. 2 they go north. Anybody in our project will take our spine 2 MR ENGELBRECHT: 90 you Can go West On 3 street and go north or they will take McltJnney or Mills 3 Ble" Road? 4 end go west. Our people won't be using Trinity because 4 Ms Mcmw: Yes. Take Bian and get on 5 it's parallel and it doesn't get them anywhere. We can 5 I.akeview. And that is the only thing,only objection 6 tell you the quickest ways in and out is west and north. 6 that I have Is to keep Blagg Road open. 1 mean,that's 7 So we hear that request and we are analysing now whether 7 what we wound like. But all the other,we arc in favor e we're betitt off putting the road back onto our project, 8 of in that. That's all right with us, 9 which we don't want to do. But to put in two ianm down 9 MIL ENGEL6=HT: All righL Have YOU 10 Trinity means we completely remove all of Trinity In Its 10 talked to the develops about Blagg Road? I 1 current location. We'd have to acquire the right-of-way 11 Ma MCNA7T: Talked with who? 12 to widen it and I'm not sun that we're up to the task of 12 MA WaBLBRECHT: The developer,Mr.Spain, 13 making all the neighbors angry at w because It certainly I) have you taikrd to film? 14 would, And that's a big cost for a road that our 14 MS.MCNATT: Yea,and they've got it open 15 residents will not use. Our traffic shows that our road, is now for us. But it'I— I don't know how long it's 16 which we will be improving on our property,and have even 16 going to be open. We want I%we'd like for it to be 17 offered to do so In a larger state than hooded,plus 17 pertinent,but just whatever,it would be so much better 18 Trinity with be adoquate to carry the traffic. 111 best fa the traffic that all goes through then, r 19 But,again,that's,you know,that's our 19 MX ENGELERECItrt W.Clark,the City � ,A, , �•. 20 discussions ongoing with traffic, But those on our 20 engirtes Is ben and we'll ask him to eddrms that lox 21 thoughts on it. That it's an owfid expensive thing to put 21 about low they bave that planned beaux he'll be 22 on us to do. And,again,all these.roars make developing 22 looking over that. krry,do you want to come down and 23 low density extremely hard beause.there's just tot a got U talk about that for this good lady? 34 of lots to average it over. We arc at half the traffic 24 Ma.CLAM gasially what—there's four 25 projected for low density development and that's half Ilut 25 lots that have been platted across Blegg Rood and right PLANNING AND ZONING OCTOBER 20, 1999 Page 37 -Page 40 40 , I L t Condmult" Page 41 Page 43 I now 1 think there's an amending plat. Is that correct? I Ma DONALDSON: she's that parcel right 2 Are you going to do that amending plat? 2 there. r 3 MK SPAIN: Yea. 3 MA IuSHrr, Thad you. 4 tut cLuL. 7hey're going to do the amending 4 MR SUM. set me refresh your memory on S plat that dissolves those four lots to that Bugg Road S how this works. Any public road can only go away throuy 6 can slay in shape for awhile. But if they put thy:fatu 6 the abandonment process and the abandonments would go to 7 lots back through another amending plat or whatever it 7 council. And then based on the abandonment,then they 8 takes,eventually Blagg Road would go away. So if you a would do their amending plat,0000 the Council abandons 9 —an amending plat,basically,it does away with some 9 that road. So then is a time for public input at that 10 tots. What that allows Blagg to do Is stay open while 10 point. 11 other roads open up in the area. Wien Other roads,other 11 MR DONALDSON: That has been sbandoted I2 transportalloo avenues open up In the area,then Blagg can 12 already. I3 be shut down or wh6n you review those and If you don't I3 MA BUCM Oh,the part you're talking 14 want it shut down,then yar make your recommendation at 14 about? I s that time. But you'il get two more looks at It. No.you Is MK DONALDSON: In order to plat it all. I6 won't get the amending flat. Would they get the one that 16 We've been talking about doing an amending plat and put 17 comes back after that? N could that just be an amending 17 an easement on then just to allow relatively informal 18 plat again? 19 access across those lots. So once the alternative road Is 19 Met DONALDSON: rt would be an amstding plat 19 in piece,then there will be another amending plat to 20 again. 20 remove the easement. 21 MR LTAAK: Well,I guess if you want Blagg 21 MA Bt3CEK: So right man It is just a 22 Road to stay open,you better talk about it now. But we 22 private right that McNatt has. The public right to use 23 don't we-- 23 Btagg has already been taken away. 24 MR ENGELBRECHT: would you put that map 24 Mrs ENGELBREClM Ms.McNaN do you 25 back up there to you could -• 23 understand what they've just said to you? I don't. Page 42 Page ' ' I MP RISHEL: The mobility map. l Mit.DONALDSON: Ms. McNan's daughter does, 2 atii ENGEt.BKECIIT: Show us where the McNatt Is 2 MR.ENGELBRECHT: Okay. 3 are at on Blagg Road. Obviously,they bave to have a 3 MK SPAIN: when we had the public bearing 4 way to get in and out so something will be&v,but 4 for the abandonment of Blom Road,Ms. McNatt and some 3 what's the plan? S of the other homeowners carne in and said,l need a way to 6 Mx ctARK: Tbese are the Sets,the four lots 6 get out. It was my understanding from that meting that 7 that go across this road. Two? Okay. There arc two lots 7 1 couldn't abandon Blagg until l built my other road 8 that go across the road and,Wa%y,those will have to 8 going to Trinity which gave them a way out There was 9 be done away with to keep Blagg Road open. If you look at 9 some confusion with our plans and what we have to do 10 the Mobility Plan,Blagg's up here,that little section 10 now. So wi:removed the road Trey,again,voiced their I I sight there. It's tight there, And you've got other 11 concern of no access and we replaced the road, We we 12 roads In the area. I think this connects in eventually. 12 teplatting two lots to give an easement,continue to 13 Doesn't it connect them in down here? 13 have Blagg Road go to Lakeview until the new road is 14 MR DONALDSON. 7Tinity gees north to 310 14 continued Into Trinity,which would then give the IS but it's been abandoned, is residents In this area direct access to Trinity west and 16 MR.ciAkK• t guess what they're talking 16 south. So I believe it's been addressed. 17 about,as we look at their map,is that these folks we 17 MA ENOELBRECHT: SO when you're Rnts7ed, I I kind of just limited to this road hen. Can't tley go'- 18 they will ail]come onto what used to be Blau Road? r 19 this will he opened here,won't 14 so they could come In 19 MR smm When it's finished then will be A 20 and go through the subdivision to get out to here? Would 20 rood,Appaloosa Way which will cut through hen and tie �) 21 that be there.Mark? 21 onto Trinity. It will be more of a semi-collector,I 22 MR DONALDSON: when Parcel A Is developed, 22 guess,because anybody In thla area could use it to go to 23 then will be a connecting road from Lakeview to Trinity. 23 Trinity to Lakeview Boulevard directly. 24 When that is in plea then Blom could be abmdooed 24 MIl DoNAtDsoN: without going on 380. 25 MR mIsHEL And when doa Ms. McNau live? Its MA ENGELMECHT: Yeah. My point being PLANNINO AND ZONING OCTOBER 20, 1999 Page 41 • Page 44 41 . I t Condeoldt"' Page 45 page 47 1 right now they evidently have a driveway on Blagg Read I 1 by decd,has bought the majority of the property. They 2 mean,their driveway Is right down onto BIan Road. So 2 also have an easement up to the 317 contour line which Is i 3 when you're finished,them will still be a piece or Bing 3 generally defined on all of our ptau and everything whom Ii 4 Road,their pavement there,and they'll come out on that, 4 they've gone out In the field and located it. We cannot S go down to Trinity,and then up to Appaloosa and out S do very much In that elevation line which is basiuuy the 6 Okay. 6 100-year floodplaln or higher for the lake. So we are 7 MR SPAIN: Yeah. I think we're very much 7 "Acted by that from them and all the way up Cooper II concerned also about getting tLem out so we want.o be t Crock and also our south end which are our mein flood 9 tare. 9 area. So our enginom will handle a i of our on-site 10 MR PNGEt9RECHT: So 41 now they're just 10 drainage quite adequately. And,again,that was one of 11 coming In from the west. There's an easement you're doing 1l the masons we liked the center part with the low 12 over on the vvesl side so they can get in somehow. 12 densities because we plan to keep all the creeks open. 1 13 MR SPAIN: The easement Is on these two 13 think we have to come before y'all for approval of that 14 lots. We arc currently platting to try to sell thou 14 but our plan is to keep- there's three or four drainage 15 lots. Those lots are huge. is ways through them that we plan to back lots onto,have Is MR ENGELBRECHT: Mr.Williams,did you have 16 parks onto,maintain them. But we're not planning any 37 any-- 17 major reclamation in the project. 16 MK WILLUMS: No,he answered my gwstion. 18 MIL ENG£LBNECHT: Mr, Rishcl. 19 MR ENGEl9 RECHT. All right. is them 19 MIL BtSHEL In other words,you're not 20 anyone else present to speak in favor of the petition? 20 billing into anything that was currently the I00-year 21 In that case,is there anyone present to speak in 21 floodplain7 22 opposition to the petition? Yes,ma'am Would you give 22 MIL SPAIN: Correct, 23 us your name and address for the record,please. 23 Ma.BUSHEL• Thank you. 24 MS.GIBBs: I'm Cecily Gibbs and I live 24 MR ENOELBR m. That being the end or the 25 presently on South Fort Worth Drive, 1 work for the 25 rebuttal,the public hearing is closed. Mr.Rood,do you Page 46 Page 48 I University or North Texas in W 'chool of Communications I have any final staff remarks? 2 on Environmental Education and Projocw My coneem is if 2 MA IIEED goes anyone else have any i 3 this is going to backup to the Trinity River and the 3 concerns about the comment or the concert addressed by 4 floodplain,what is going to be done to keep from those 4 the lady and how,what•-her concern is about existing S properties flooding in the future? We already have a S development on the west side of the Loop or what I'd say 6 situation that the City is involved with the developer, 6 Is on the Inside of the Loop and how this development 7 and the Mayor or the City or Denton involved with the 7 would actually occur? There's a big difference between 8 developer that built in the floodplain on the other at&, 8 those two. We today have regulations that clearly 9 the west side of Loop 288. And the people am not happy 9 handle that type of development close to the floodplain. 10 with the apartment complex that is built there because 10 The development that she's talking about occurred back I l every time it rains,they have water in their apartments I I when we actually didn't have these stringent standards. 12 and they have rats and everything else. And they are 12 Okay. 13 really having a problem with this every time it rains 13 I'd just like to point out that the zoning 14 because the developer did n:I build the property up high 14 Case 2.99-046,the 47.3 sere property on the south side 13 enough and the City allowed him to build in the 15 of McKlnoey is a PD. You will we a detailed plan come 16 floodplaln. And that is my coacem for that. How is that 16 back for that so It's at that time that you'll approve 17 being addressed with the developer? 17 the exact ate design of the property. And as 1 16 MY EIGELBRECHT: w'e'll ask--we will It indicated in the staff repo%rom I case4 for smahler r r 19 address that In a few moments. Thank you. Is there 19 lots with Pa zoning designation have had sore conditions A, t 20 anyone eau present who would like to speak In 20 but we've done that at the d 'i.Sed plan atsge because 21 opposition to this petition? Anyone else present to speak 21 it makes sense to attach conditions specific to a site 1 22 In opposition? In that case since there was opposition, 22 design as opposed to a general oouoepL So I just 23 the petitioner has an opportunity for rebuttal. 23 wanted to point out that you will tee it detailed plan N MK sPAN: we note that as it contun and act 24 come forward for that piece of property. 25 opposition. Because we're adjoining the Corps,the Corps, 25 Contrary to that on the remaining 410 acres PLANNINO AND ZONING OCTOBER 20, 1499 42. Page 45 •Page 48 c Condensell'" Page:49 Page 51 1 be%=asst an and 426.Is 1%or between Uahmity and I transportation Issues,they can't pour any oartcrete out 2 McKlancy,that is for aaalght Booing. The conditions 2 there and?dart building. 3 that staff has atuchod addresses me concern of the 3 MR REED: Actually,it says that the 4 concentrot ern of traffic and me adequate racilltia to 4 building permits cannot be issued, 5 bandle traffic generated by this development We?kink 5 MR mcNEIllr Right,cannot be Issued. 6 iea fair to such she conditions mat*dvn staled In 6 MR.REED: A plat can be approved and roads 7 our surf report, We fa]that thc request b consistent 7 and other public facilities can be put In. 8 with our Cemptcbensive Plan. And we recommend approval 8 MA m"Ltj okay. All right. I don't 9 with the conditions attached. 9 have a problem with that then. Thank you. ID mjL eouhRma. ao,McNeill. 10 MJL ENGELRKEMN Yea,Mr. Suck. I I sue MMU L i bad a question on your 11 MR.9UCEItt 1 don't want you to lox sight 12 recommendations here mat's to our backup matviaL I'm 12 of the fact that the Smith tract that you bad here the 13 confused ftt we've ga w many ars and plans. Wbat 13 other day,they don't agree with what our opinion is. 14 is the 1998 Denton Plan Policks? 14 We believe that on the detailed plan we can r:.aka these Is m tug The Dcntoon Plan relicler arc 15 kind or changes. Their argument to you was that if you 16 sttxtxd so the staff report and they're Enclosure 6. 16 didn't have It in the carwept plan,you weren't going to 17 Enclosure 6 lists she policies%&cb were adopted back 17 be able to change it later. Remember their attorney was 18 in 1998. 11%as she but quarter of'98. 18 fare. So just to let you know.It's not an open and 19 ate.tawzn.L. okay. Tb a my snood question 19 shut issue with us, And So certainly the Issues that 20 on your cooditons,comber one and rva I'm talking about 20 W. Spain had mentioned about ail the open space that's 2, the 46 now,if cols is going to come back again,men why 21 going to h:in the 5,500 square foot lots,that's an 22 are we putting these restrictions on mere at this time 22 issue that you wait to the detailed plan and there's 23 about the building permits and tie roadway components,and 23 always some concern on the legal staff if Mr, Spain sells 24 so form? war's de legtstk;of putting that on err tin's 24 out and the next developer,will he take the M Anderson 25 point instend of vaiting until ee detaLled plan comes 25 approach on the Smith tract that you don't have any say. Page 50 Page I back? I So you've got to be comfortable with what you do on th. 2 MR REED, Atis right here does not lie the 2 issue. 3 developer down to a condition which restricts his exact 3 MR ENGELeRECtrr: Thank you. W.Moreno. , 4 site design. Them c xiclitions address the overall 4 MR MORENP. Yes. Mr, Rood,l didn't fully s property sum As k mentioned,this is part of a 5 understand which development Ms.Gibbs was speakLsg to 6 property which has•-excuse me for hesitating--some 6 that was having the flooding problems. 7 700-plus acres. Whm we have a Iarge development like 7 MR REEM, t believe she was referring to a 8 this,the City has the opportunity to look at it 8 property that's not even adjacent to this property here 9 comprehensively and address the comoa i or adequate 9 but is on the Inside of Loop 288. 1 believe kny Clark to transportation facilities. 10 knows the apartment complex that she Is relerring--the I I We actually did this for The Preserve,Mr, 11 Singing Oaks Sperwer Oaks. And they're immediately 12 McNeill,which was prior to you term here on the P&Z 12 adjacent to the Loop,aren't they,oath of McKinney? 13 Commission. With The Preserve,*filch was a PD,*! 13 MR ENOEt eww: It's across from the power 14 actually attached to the zoning an Improved 77A which said 14 plant i s that as each tract developed,certain transportation 15 MR MORENO.. That's a fairly new 16 improvements would be made. And,again, for large 16 development. 17 developments we're able to look at the overall Impact it 17 MR.REED: okay. L was referring to-- I8 has on our transportation facilities, Whereas,when WC Is M t moRENa.. And 1 thought that's what she r 19 have a small tract,say, 100 acres which hat a frontage on 19 was talking about so 1 did,t'l Understand wby the 20 one road or maybe two roads for shat distances,we 20 standards;were different just a year or two ego than r J \ 21 typically don't get into that because it's a 21 what they are today. 22 "ghtdorward Issue which Is handled during 22 MR REED: I'm Sorry. 1 wan MrCniV to a 23 subdivision. 23 different apartment complex. 24 MR MCNERU what Oxon two ownditions are 24 MA CLARK: well,obviously we treed Mr. 25 basically saying is until we resolve these 25 Hocking here because he's mming the drainage but I'm PLANNINO AND ZONING tDCI OEER 20, 1999 Page 49• Page 52 43. 1 f I (, coadcoaeill Page 33 -Page 55 I not aware,I haven't rotetved any oils of what we're I to the City Council. And then for whatever reason the 2 talking about on the drainage on this. So if there Is a 2 deal fails through and it oever goes to City Caincit. The y 3 problem,I'm not aware of it. But,obviously,Mr. 3 same thIng,a developer tan core In and ask that the 4 Hoelting and the utilities rams drainage now. 4 Mobility Plan be amended based on,like In this case,the S MR.REFA: Thank you. 5 zoning ease Is going to come forth. For whatever reasoo 6 MR ENGELBAECHT: Let me Interject one item 6 if the developer doesn't want that to go to Council at 7 here I think right now because we don't get as much of 7 that time,we never know if the development has died,Mr, I that drainage Information as we used to since g Williams,or what has happened. But it's the tail of the 9 enginoering is not directly doing that the way they used 9 developer if be wants to take forth his suggested to to. 1 would like for you to go ahead and check on that, 10 amendment I 1 Jerry,since Mr.Hoelting Isn't here. Find out it we do 11 1 think,mad we can have if you want the 12 have a problem out there at Spencer Oaks because that is 12 developer to respond. 1 think the developer wants to 13 a new developmenL That's not even two years old. 13 take them up together,I'm assuming,or has another 14 MR.cLARx, Okay. I'll bring you a report 14 plan. But we can't require the developer to take that 15 back. 13 amendment to the Mobility P13n up to Council if he 16 MIL ENGELBRECHT: Okay. Thank you. 16 doesn't want to. 'the only Issue before us today is the 17 1.111 MCNEILL: That doesn't affect this 17 zoning and the Mobility Plan Issue comes up at the IB issue? to platting stage ultimately. Ultimately,when it's 19 M0.ENGELBRECtR: No,no. But there 19 platted-- 20 shouldn't be it problem out there. Okay. Ms.Gourdle, 20 MR.wU11AMS: I'm reading what I have here. 21 MS.GOURDIE: Thank you. 1 would like to 21 It says conditions and so I'm trying to gel some 22 know if this is the appropriate time or not and maybe 22 clarification on this because,like I said,I like things 23 you can help me,Wayne. In straight zoning is strictly 23 cut and dried,elthrr aye of nay because all these•- 24 the SF•T,blah,blah,blab,and concern with Mr. Bullard's 24 MR.ETGELBPECHT: 000d tuck here. 25 concern about the property being up against the FD with a 23 MA,VILUAMS: —conditions,and this Page 54 Page 56 1 Light Industrial, I know that In the Unicorn lake I condition to me is rather weird because I read the 2 property we had a buffer of,I guess it was R fed up to 2 Mobility Plan a+d 1 understand what you're saying that 3 100 root placed as a condition on the property. Would 3 the developer needs to take it up. But it says••but 4 this be the appropriate time to bring someNng up like 4 I'm still kind of confused. Maybe somebody can explain to 5 that to help divide the Light Industrial from the homes? S me who was here and voted on this where it would be clear 6 MR.REED: Ycc 6 as mud. 7 MS.OOURDIE: Okay. Thank you. 7 MR.BIKER: bet me take a shot M this S MR.ENGELBRECAT: Mr,Williams. ki issue. 1 think what staff is trying to do by those 9 MR.WILLIAMS: Yes. I like things clear-cut 9 conditions,I think they're trying to put the developer 10 and I'm having some serious concerns about the amendment 10 on notice that when you come In for your plat,you're I I to the Mobility Plan because I don't like to be invoAed I I not going to have a plot recommended for approval if 12 in anything that I'm not in control or and the developer 12 these Issues aren't resolved. And so thu's why that's 13 has no ca.trol over the Denton Mobility Plan. And I'm 13 In there. But What I'm saying to you Is at any point 14 very concerned that it hasn't been sent to Council since I4 that the developer has the zoning he desires,mid In 1$ there was a recommendation or It hasn't been mentioned 35 this case dim are straight toning categories except 16 it's going to Council. It's sitting someplace. And can 16 for the ID,once be has that zoning in plate,he has the 17 somebody explain to me,am I somewhere out in kft field 17 right to come in with the plat. When he coma In with is or what's going on here because it's been passed by this 19 the plat,right now he's moving with the Mobility Plan r 19 Commission;however, it's sitting Somewhere••it's 19 the way It looks today because Jere has been to A, 20 sitting somcwlare. 20 mcom mendation taken to Council. And to the question is 1 21 MA.ENGEtBRECHT: we just asked staff to 31 when that road falls in his SF-7 of his SF.10 of SF-1). 22 address that and•• 22 he's 6dking a risk. And that's what those conditions 23 MR SUCEtc: Let me be sun you understand the 23 are Intending to do. But,Wayne,you may Want to Say 24 process. There are a lot of cases where someone will come 24 more to that 1 don't know. Is that correct? 25 in here with AS zoning and will ask you to recommend SF-1 25 ML REED. Yea. PLANNING AND ZONING OCTOBER 20, 1999 Page 53 • Page 56 44. i 1 ; Condenselt"` _ Page 57 Page S9 1 MR.WILUAMS: okay. Because I'm having some I where and how are these robes going to get out of here. 2 p $-Iems••because I don't I"Denton's tnfrastructure 2 7bey're either going to have to go 380 or they're going x i 3 Is rea4y for thIs development and I guea that's wbere I'm 3 to have to go McKinney, And we'd pre(a theygo 3^0 I 4 having a big problem. 4 think because that'g going to keep than out there and S MR.REED: commisslona Williams,I think 5 keep them Off the loop. And to to me,that bridge is 6 then if I could explain that these conditions address 6 just as Important for this place because they're a--A 7 ).•m oonam. I'll make my example what I learned from 7 Solna to go south. We've got no bridge and we're not 8 Ybo Preserve, We as a community also had a concern 8 going to have one for a while,which we real ly need to 9 about how The Preserve would Impact transportation In 9 work on that if this is going to be on important whale 10 the very southern end of our community and also'cat it 10 development ova hue. The City wads to do it's part I I was in the area designated for Lakeview Boulevard to 1l but we need to make aura we've got those other pieces 12 touch 1.33, And so we held dttr fat to the Irons also 12 and I don't undnstmnd why"component wasn't In this 13 and we worked closely with that develops to insure that 13 one,as well, 14 as building permits were issued,Increulna!households, 14 MR.REED. it would be fair to put it in 13 increasing trips generated,putting more vehicles on our 15 that one. 16 roads,that adequate transportation facilities were put In 16 MR.ENGELBRECHT: 11e other question I had 17 place prior to those bores being put in. 17 has to do with there's no mention,a,Mr. Busk pointed is What we're doing with this tot„tdon Is I is out,there's this issue of if you approve it c"t 19 exactly the aame. We're saying Nfore you can ad any 19 plan,what room do we have to maneuver at the detailed 20 building permits,a traffic impact analysis has to be 20 plan schedulc? 7hene Is no mention 1 believe of open 21 approved and a 11A,or traffic impact analysis,outlines 21 spax In the PD. I recognize that we have a park across 22 what the developer will Install prior to these building 22 the stroll but that Is ultimately across a four-law 23 permits being Issued. What does that give us as a 13 street,road,highway. And was there consideration 24 community? it gives us some piece of mind that we're 24 given by staff to require that then be some requirement 25 going to have adequate facilities w handle the traffic 15 for some open space In there,st least In a statement of Page SS Page r' 1 that they generate. So we're saying that there's a I the per entage7 And they can spread it out however or 2 relationship bet%=this land use and the public 2 In some manna. 3 interest of adequate transportation facilities. But 3 MR DONALDSON: we would like to do that but 4 secondly,we're saying we're only going to require of you 4 we don't have the tools right now in our codes to S a fair share of the development or or Ge transportation. S require it, 6 The fair share Is what they generate 6 MR.ENOFLBRWK.- This Is a PD. 7 MR. LNoELBRrm: other questions? Yes, 7 MR.DONALDSO,Y: re's not a required piece of 8 The Condition 3 on 072 has to do with••excuse roe, a information in our code. 9 Condition 2, 1'es. That's the bridge over Cooper Creek 9 MR.ENGELswirn okay,for that ream It's 10 and that's the crock to the north, Okay? 10 not. I l MR.REED. That Is Correct, l I MR.DONAtMON. R'S Aare A legislative 12 MR LNGEt9RECRT: IS these any reason Why 12 function than an administrative function. 13 that Isn't put on 3,as well? I mean put on the other 13 MR.ENGELBREM-, Okay. In that case,l 14 case? 14 will simply ilk of staff from yew professhonal Is MR. REED: The rasa&wl,y is this,it's nob 15 perspective what would be an appropriate portion of 16 contiguous with that crock crossing, And staff would 16 open space In a Pa with Single-Family of 5,500 square l7 like to point out that actually that Is called out for 17 foot lots? is the Case No.71 simply to,again,put the developer on It MR.Rum could I ask rust for a � 19 notice that that is part of th:s consideration of 19 clarification? Are you asking for public open space or i A 20 transportation lmprovcn ents. It actually will he 20 private open space? Private being,ate,an area which r),- 21 addressed in the 71A as part of the m out I think 21 is maintained by the Homeowner's Association. ... 21 we're cbarifyi:is it as a very important component that 22 MR.ENOELaum Yeah,I'm talking about 23 has to be resolved. 2) Homeowlter's Association. I wam't thinking of it being 14 MA ENGEL6R cn well,this is even a more 14 dedicated to the City or anything else,but open spas 25 dense pica than if you're going to gd north to 380 and 25 s'nch that there's some in there._ PLANNINO AND ZONING 0MODER 20. 1M Page 37- Page 60 45. r c Condenaeltr" Page 61 Page 63 1 MR.BLK'm wayne,let me be sure that I'm 1 require that eight percent of the land be set aside u 2 clear to respond to that. Do we have a--on my copy I 2 open space. s 3 don't have the Concept plan on the PD. Do the 3 MR ENGELokfim: And eight percent In this 4 Commissioner have that? 4 case would be? S MR.REED There's actually the concept plan S MIL DONALDSON: Three and a half aces, 6 is Enclosure 2. 6 something like that. 7 MR.MCNEILG it's the same as ills Colored 7 MR.ESIOELBRECHT: so we could go somewhere, s one hero. s for example,say a minimum of three acres be act aside for 9 SIX REED And it does show the entire 9 open space7 to property but It calls out that Parcel. An 1 I did because 10 M3,GOt1 M- To accommodate for the higher 11 this is such a small print,Include a second page which I 1 density. 12 blew up the land use table. This table right here shows 12 MR.ENGELBRECHT: Right. Another question, 13 everything that's required for a concept plan as far as 13 Mr.Rood,I notice In these we always get this business 14 minimum area,setbacks,and such. 14 of you have a recommended motion end it always has this 15 MR.BUCEK: The only part or Enclosure l that t5 part about that It's consistent with the Denton 16 really relates to this zoning case is that part that's 16 Development Plan,it's consistent with the Denton Plan 17 south of McKinney? 17 Policies. And,in fact,almost always you have at beat Is MR.REED: correct. And if you look on the 19 --there's always One check mark that's marginally 19 page 9,it's rcfermd to as Parcel E, 19 consistent or even once In a while,an Inconsistent. And 20 MR.BUCEKr Okay, 20 so if the motion Is made in that manner and we don't agree 21 MR.MCNEIL4 Parcel P of Pill? 21 with all of those,we'd have to vote against the motion, 22 MR REED There is a formula In our park land 22 wouldn't we? 23 dedication which calls out that,I believe-- 23 MIL REED You would change the motion, 24 MR.DONALDSOY: It's roughly one acre for 24 SIX D]GELBRECHr: or we could ask for a 25 each 140 housing units to mat our neighborhood park 25 friendly amendment. But I guess my question Is why do Page 62 Page 64 1 criteria. I you do that? Personally,I'd just as soon see those out 2 MR. BNGELBRECHT; so basically that would be 2 of there. It would make the motion a lot shorter. 3 two acres in this particular case. 3 MK REED id be happy to do that. 4 MR. DONALDSWC A two-acm minimum. 4 NIK ENGELBRECHT: And we're not always am S MR. ENGEL,BRECHT: My cnntCnt Lore is,as Mr. 5 whether we agree with that fact that It's consistent or ' 6 Bucck pointed out,if we have not asked for the open 6 not. Maybe other Commissioners disagree with me, 7 space up front then we could have some difficulty in 7 Sts.OOUPDIEI we agree. Here,here. I requiring it on the detailed plan if it was not stated s MR ENGELBRECHT: And in this case,all of 9 on the hand use summary. 9 them 1 don't-•it Just didn't seem to be necessary. So 10 MR.StlCEK! Right, Now,some of the concept 10 you believe that there's rid a problem with putting-- I I plans you get don't show open spa"and they'll Just I I MR.REED well,i guess the reason why I put 12 have an asterisk and they'll say a certain percentage 12 it is there,and I definitely understand why you don't 13 will be that. But you have gotten some,and the problem 13 necessarily agree with any or all of it, Is you have to 14 happened on the Smith tract, I think that they showed 14 plan M zone consistent with the Comprehensive Plan so 15 the open spa". I'm not am but 1 believe they did. I$ there has to be a basis for your motion. Tbat's the 16 So there's no question once you show i4 it definitely 16 only reason I put it in there. So I'll be happy to Wee 17 becomes a question about can you do it on the detailed 17 It out. So you take It out,you kind of make your own Is plan change the boundaries of that. So it may be a plus Is findings. 19 to you that It's not shown but I think the Ism that's 19 MA ENGELBRECHTr so we Can•• staff believes A. 20 bere Is that without any statement of concept In the M that we could put three oonditions to the PD,as WCII as J'\ 21 concept plan about any open space required,the 21 on the other one and that we could request open spec 22 statements that Mr.Spain will do us no good when you get 22 without a problem? 13 to the detailed plan stage. 23 MR.BUCEK: Correct, 24 MA DOVAWSON: Another Criteria that you 24 MX ENGEI.BRECHT: we probably should if we 1S could use Is that for a manufacturod home park we 125 expect to we open apace and want to en!! we have open PLANNINO AND ZONING OCTOBER 20, 1999 Page 61 •Page 64 46. t, _ Contlenae[tr" Pgge 65 Page 67 I apace at the detalled plan stage. Yes,Mr.McNeill. I dediadom 2 Ma MCtJEI14 I guess I have a quatioo now 7 MR.MCNEn.0 Because I don't have a problem It 3 that you've nlsed that question. What is our authority 3 with that,I Just don't went us to arbitrarily saying vro 4 to require him to have open space? 4 went a park here. 3 MR.REED. TO prevent the overcrowding of 3 MR.DONALDSON: No. 6 population weudd be one. 6 MRL ENOELBRECNT: To expand on my request a 7 MR.McNEitu is that in an Ordinance or in 7 little funkier,I asked about this because we arc 8 the zoning mquimment? 8 simply,as its proposed,as it's presented to us,it 9 MR.REED Tbat's actually part Of Our 9 does not require any open apace, 7his Is as dense as 10 Zoning Ordinance. 10 manufactured housing,5.5,3,500 square foot lots. The I I MIL M04FJLL: But that's—is that bard and t I park in all of that area is on the other side of 12 fast or what's the rule for that? 17 McKinney,unfortunately. It would be great if these was 13 MR.Bucu: I think the way it works Is if 13 so"to the Corps land from ben but there Isn't. 14 you're on straight zoning,we have who we call 14 MR MCNEILL You're talking about for the is conditions you an add to a straight zoning case. 13 little piece at the bottom,On 46. 16 71ere's like 15 and one of those Is landscaping. Well, 16 MR.ENGELBRECH'r: Right. Oo that other one, 17 on a PD you throw all of that out and you an come up with 17 right And so to get to the park thee:folks,which are is any conditions you want. But,generally,it always Is more derLU than any of them,have got to cross what 19 Includes those same l5 an be In there and to It's part 19 ultimately will be a four-lane road,which Is not too 20 of the landscaping issue is the way you would handle 20 good. In addition,l would have little doubt that this 21 open space 21 developer will we that there's open Spam in there. 22 MR.ENOELBRECBT: But then when did you get 22 Tb re will be a clubhouse. 7bm will be something. 23 the number••you're going to recommend three acres; is 23 And there will probably more than three acres. But they 24 that what you're saying? 24 may sell it tomorrow. And the next guy comp in,as 23 MR ENGELBRECNT: The lira acres came from 23 with the Smith Iraq,and says,hey,that was not part Page 66 Page 1 a recommendation. 1 of the detailed plan•• I mean pat of the wicept plan 2 MR.DONALDSON. Eight percent or 48 would 2 so I don't have to do anything but Just stick 5,500 3 actudlty be 3.8 acres, 3 square foot lots in tuere. And this Just assures that 4 MR.ENGELomcii . Right. And I was sort or 4 no maihx who has the land when,there has to be some 3 splitting it 3 open space. 6 MR McNEILt: sul where did you get the 6 MR REED: If you're intern od,I do know 7 eight percent? 7 the formats for the park land dedication. If you wool 8 MX DONALDSON. Light percent is an Open I to compare%by the manufactured home developmcnl would 9 space requin-ment that we have in our Manufactured Home 9 have to supply-- 10 Park Regulations, 10 Mit MELOMM: Mark Indicated It was one I I MR.MCNEILL: But this is not manufactured I1 acre per 140[Co. 12 hornet. 12 MR.REED it's 23 acres times the number 13 MR.DONALDSON: The density actually would 13 of dwelling units times 2.8 persons,divided by 1,000, 14 be very comparable. And tort on the other aide in out 14 you get the acres. 'that's the exact formula 15 Park lend Dedication Ordinance,the formula Is roughly IS MR,ENGEtBRECHT: Roughly 140. And then 16 one acre per 140 homes. 71hat's In the Park Lend 16 that would be two acres b just there's 280 proposed 17 Dedication Ordinance, 17 units here. And then the park land••the manufactured 11 MR.MCNEILU And that's rally the° Is housing condition puts us up to 3.8 so 1 don't know. I f 19 that's the question I had. Does that park land 19 threw out three acres,that's a compm!dse In between. A 20 dedication apply to tds propW 20 MA MCNFJLU I can live with tut. f I \ 21 MR. DONAtmN: It will unless they address 21 MR.RIsnEu It ttuy be amended to four. .✓ 22 it otherwise. They have the opportunity to make 22 MR.ENOELBRECIM. Right. And I'm not making 23 donations of land and that may,In fact,be appropriate 23 the nation anyway. Are mere other questions? Mr. 24 or an option for them in another part of their tract to 24 Rlshel. 25 satisfy. Any n rnba of ways to satisfy park land 23 MA Rum I Just wanted to make sure that PLANNTNO AND ZONING OCTOBER 20, 1999 Page BY•Page 68 47. t Condoaaelt"t Page 69 Page 71 1 Mrs.Gibbs got her question answered and was•• I eau WOnaReam R1g18. W.Donaldson. 2 Ms.OIsm I do know this Federal government 2 sac oorwmrc 7be question I wbehr you 3 ruling they have to have oaWn amount of green space and S want to amat h a conditlom to its wskkntial 4 that's why they put the senior citi rcn 6,000.00 unit on 4 developmcat tbst buqct the other uses or when Ibc S hold because they wanted to include the golf courses as S other Ind does develop,put condidoaa oe that that 6 their gran space. 6 pmkcu to sestdeatial that my be thee. 7 MR.RtsHEL. My question was did we get your 7 MS.OWRD a well,I'm under me lmprasioo I other quest lon ans rend. I didn't know we had smolder I that it's abeady been-the concept pkut,they've 9 question. Do you have another question? 9 abeady ad up the racing,you said Oeoad Retail,you 10 MR.ENGELSKEM; No,no. Let's not take ID sold Light Industrial,ante you said Muld•Famliy. So the I I that question up. I I zoaing 0 aboady I place. It's cow just comdng up 17 MR R1sHEL. okay. '[bank you. 12 through witb a emccpl plaa;Is that eomt7 r mesh,the I S MR ENOEUPLECHT: okay. Are there any other 13 dished plan. And If were talking abool issues of 14 questions? 14 previous soniog cars,we might have a problem wbkb these Is Ms.oOUR m 1 would like to just know on 15 raidera might and be protected because we've shady got 16 the straight zoning,the 7I,if anyone else would like a 16 the mnlng to places Could they not co0y say,bey.It's 17 condition that Is what we've done before where Light 17 not pan of the concept plan? 18 Industrial PD's and so forth we backed up against I I MR.Itt CEtt: WA I Volt your comment why 19 Single-Family homes. Since we have talked about landscape 19 your comment has mail Is that We zoned Agrkuttunl 20 as ping on opportunity to put Into the concept plan. I 20 now wbkb would wan you would have oft-acre bar and on 21 would like to we us put maybe a 20-foot landscape buffer 21 it one-Kre lot(bee would be a buffer between you and 22 and then maybe,depending on what the property Is,up to s 22 him regardless of what be did. Whey you go to smaller 23 100-foot buffer,which 1 guess Includes part of the 13 acreage,and t can't remember what me acreage Is right 24 parking lot between the homes and the PD itself, 24 now,there it sine merit for that but,you know.Wdwut 25 MS.APPLE: Question. 25 having that concept plan In front of us,l don's know if Page 70 Page 72 1 MR.ENOELBRECHT: Yes,Ms.Apple I we've already put a buffer in the other case. Do you 2 MS APPLE: that other is not In development 2 recall? 3 yet though,is it? So would wC be putting a condition 3 MR.D0`ALDSOVt 1 don't recall 4 on something that's not set in stone yet? You know,if 4 MR.SUCEKt And you're right,when he comet 5 we put a buffer condition on them,what if the people•• 5 in for his detailed plan he may take the Srrdth trail 6 MR. ENGELBRECHTr come back and replat, 6 argument and argue he doesn't have to buffer. I man, 7 Well,it can be••In that statcrnent it can be 7 you never know what will happen depending on who the I contingent on the zoning. So if the zoning changed,I'm I developer la 9 a=,could it not? Couldn't you put a condition on the 9 Ms.oomim okay. Thank you. 10 sp-7 buffering the •- 10 MR.ENGELORECHT: Traditionally,we have 11 MR.DONALDSON: Well,it's a timing ISSM. I1 requested the buffers on the comunercial,Industrial. 12 It the residrntial develops first,then we don't know I I The problem you would run hen Is if you put that 17 what the adjacent land use would be. 1) condition on,[beet+arc IF71s. Ail these little 14 MR.BUCEKr The Bullard tract it zoned what? 14 homEomwo are going to have these requirements to 15 1s it zoned u7 is maintain a buffer yard which we've rover really done. 16 MR.DONAI.MOV: H's Within the old PD 126 16 We've never done that As a rnatta of fact,I've arglted o and it has General Retail,Muld-Family,and Light 17 against a oouple or those where they tried to do it at 19 Industrial zone districts In it I I Windsor and Bonnie Brae. They were going to put a rence 1 19 MR.DUCEK: Right, And he will ultimately 19 on the residential side u a buffer. A, , 20 ••he has a concept plan. Ile'll have to come back with 20 Ms.000RDIE: Ijust don't want to hear any 1 21 a detailed plan when he does that port And you can 21 complalats out of no tee when they stun amelling those 21 look N that on his end and the question it do you want 22 restaurants right in their backyard. 1 don't want to 21 to do it on •• 23 hear iL N MR.DwattnON: The residential side of do you 24 MA ENGELBRECHT: Mr,McNeill. is want to do it on the Industrial aide? 125 MA Mcnm Yoh. I guess what 1'd like PLANNING AND ZONING OCTOBER 20, 1999 Page 69•Page 72 4e. t. Con dont,I,rm I to say is we shouldn't put the buffer requirement an 73 I R 7�mW 2 this rceidenUal development U the butler is going to 2 fan Iris 4 'b me th G 3 be 900d Ihiog. It would have people oomlrtg fRvuircd it ahteuhd be on this Genera!Retail, direCtioas laaoad oraveryhody rtmreling I» 1 Multi•Family,and the Light lndustrfaI. Thal's the 4 direction. So I just wanted to address his 000wn. S responsibility of them to have the buffer,no on the S MIL ENOELBREMc Are there other comments? b residential. 6 1f you do would 7 MR.RiSHEU We you please raise your head because I'm ee with you. 7 showing I different screen here now,if you have any other e MR ENGEIbRECH7: Mr.Williams, s eommenb. Yes,Mr.Williams, 9 MIL WIU.UMS: Yes. I would definitely like 9 MJL 10 for the Commissioners to look 04GEL RE I are voting on 046,right? very,very ctarIy at the 10 M0.E2rOELBRECtTT: 72,the[ital Agenda lice. I I traffic conditions and the City. I know we are at can-do I I MR WILLIAM: Okay. I wasn't even talking 12 city but sometIft"we muy riot be ready. And 1 would 12 about that, 13 like for us to look very,very closely at the 13 MA ENGELBRECHT: okay. I've got my screen. 14 infrastructure. My daughter Is only 17 so it's been 14 Any other comment? I would like to ask staff just 35 lea than a year since I've had to drive and take her to 15 brie@ do we know the ••and Y� 3erry had to leave,do we 1 nk o rI ni b�4twcA d basically.th rl0000kin don't te 7 3$07 1 know that it's what the moves p schedule the scheduMcKinney but for 18 coming up bond election,the bond package,l think we It don't remember the date. I just wanted to address that to 19 maybe ready, Heat tonlghy I don't dunk••end it's 19 Mr.Williams, 20 not a reflection on Mr.Spain at all. 1 J,,t don't 20 MR.WILLIAMS: No. In other words,my 21 think we're ready for this. Our stmets and traffic is 21 statement was inappropriate. I'm talking about 46. 22 Rely for This ttring Change in toning tonight, 22 MA ENGELBRECHT: ukay. All rIOL 23 MR. MIL All right. Any other 23 MR.WILLIAMS: What I said was totally 24 corru mts7 24 Ina 7S MS.APPLE: I'm ready to move 73 pPmpriata Mk ENGELBRECI{r: All right, Any txlser Page 74 Page I MR.ENOELBRECHT: And we would teed to take I diaemaahorl? 1ri that 2 each case Individually for the motion,rxomnendations. 2 unanimously. All right. Now,we movelonto the second 3 MS.APPLE: Do you want fie to take it in the 3 Agenda Item. Ms.Apple. 4 order of the Agenda? 4 MS APPLE: I move to recommend approval of S MR ENGELBRECHT: Please. S Z•99.046 subject to the follow 6 MS.APPLE: I move to recommend approval of J 'MS conditions:ute prior to 7 Z-99-072 subject to the following conditions that 7 transportation Inf Ifftructt re s"II be conat ucted in S prior to the Issuancc of any building permits,adequate 6 accordance with the traffic impact analysis approved by 9 transportation infrastructure shall be constructed in 9 the Transportation Ind 10 accordance with the traffic impact analysis or nA 10 �^g Department;two,that I1 approved by the Trap tuttendnieat b the roadway component of the Denton Transportation and Engineering I1 Mobility Plan that proposes a stew corridor south of 12 Department;that a commitment for Improvements to the 12 MillI Road for Lakeview Bouhevad to the weal of the I3 l.akevlew Boulevard bridge over Cooper Crock Is approved; 13 existing Trinity Road Is resolved;Ml,three,that 14 and,finally,that the amendment to the roadway 14 minlmlun of dune and a lull acres tk s t wide for 1 S component of the Denton Mobility Plan that proposes s IS private open space due to the density. 16 new corridor south of Mills Road for Lakeview Boulevard 16 MR M(NEtW second. 17 to the west of the existing Trinity Road Is resolved. 0 MIL RIPHEU A friendly motion. 16 MIL RISHUt Second. if MR ENOELBRECHT: Pardon,Mr,RiShel. I r 19 MR.ENGELS RECHT: Okay. It's been moved and 19 didn't hear you. r 20 seconded to recommend approval with the coedit ons as 20 M0.uSHEU A friendly amerndmenl that what J' l 21 outlined by staff. Any discussion on the motion? Yes, 21 is two in the other thing that reads that a commitment ✓sr 22 Ms. Apple. 22 of improvements to the Lakeview Boulevard bridge over 23 MS.APPLE: I Just want to ay In response 23 Cooper Creek as approved. I A like that as a friendly N to the comments that Commissioner Williams made,I guea 24 station. 25 my feeling on It is because, like McKinney Street where 23 MIL ENOCURMal As a friendly amendment? PLANNING AND ZONtNO OCTOBBR 20, 1999 Page 73 •Page 76 49. c t (aadloneeltr" Page 77 Page 79 I MR ustfft:vat. 1 would be good for us to know what happons for the Chair. 2 Mx WOELturafT: Ms.Apple,you treads the 2 And when 100100110 has to JUMP in to be Co-chair,l think it ! 3 motion. Basically.It's to— 3 would be Woo for them to also know what they're 1 m;L ustmi, Tea It tagaha. < responsible to do and wbat they can't do, S MIL fuoft EM. The bridge loom mat's In S MR.MOM= R's ad••Vioc-Chair,it's 6 the first case to this case. 6 not Co-Chalr. 7 Ma APPLE I will accept that friendly 7 Ms.ODURDiz. Thank you for corroding me. 8 6mend07C0t 8 M0.MCNER.L Yes. It's entirely differrnL 9 M)L M4aERt1 My second will accept mat 9 MR ENOEURE.Ofn Dually noted. I& 10 M0.ENuamECTrr: A8 right Thank you 10 Donaldson did you get all that? Any other? I I both. So now we have a ototlon and second with four 11 MR.WILLW4& Orientation for new 11 conditions,the slues of the previous case and one for 12 commissioner,because 1 was very fortunate coming on right 13 33 acres minimum open apace. Any disc ustion on the 13 before the••and when a person Is coming on in November 14 motion? In that call,voice please. Motion curia six 14 would be totally In the dark. 13 to one. IS MR.ENOEtanaff: we don't have anyone 16 (Mr. Williams voting In opposition) 16 coming on at this time but we will •• that's another item 17 MIL er.OELeRECUT: And that concludes out 37 for that Is briefing for new personnel. Okay. 11hat's it? 18 Agenda for this evening. Some have asked with regard to is We're 4otunod. '!bank you. 19 some discussion about our ruts and I'm auutniny you would 19 20 Ile to sat du t on our next— 20 21 Mx DONALDSON 00 yvu want us to bring 0W 21 22 back fn the next meeting? 32 23 MR MCNIML; Yes. �3 N Mrs DONALOSON: okay. 21 25 MR&NOELBRECNT: A8 right Any W a 2S 1 input? Page 78 2 MR.WILLtAMS: Also,could you put what die 3 rules,one week,getting our material one week before 4 mectings. S MR.ENCELBRECHT: We Can talk about that but 6 we won't get it this time. 7 MR.WILLIAMS: No. What I'm saying is could 8 it be on our Agenda Items if we're going to talk about it 9 •• to discuss. 10 MR.D:c7,E1LL: It will be part of at twos. I I MA.wtLLLALMS: Yeah,part of the rules to be 12 discussed. 13 MR,ENCE12RECxT: We can tak about that,l 14 can tell you tie staff•• is MR.WILLIAMS: 1 really don't cam beeause 1 16 have a life outside of Planning and Zoning. 17 MR. ENCELDRECHT: Ms.Qourdie. Is Mg.WVPDtE: I would also like to know,and 19 being that we've got you as Chairtttaa who',done this 20 before and Salty has been on a year and has been appointed A' ' !' 21 as the Co-Chair,and I'm not really sure how this works, 22 I'd like to also know what the Chair Is responsible for, 23 whet the Chair does to wv can everyone up to par as to how 2e the whole rystern works because I really don't think wS 23 P:ally know what goes on In your cludr. And I think It PLANNINO AND ZONING OCTOBER 20, 1999 Page 77 -Page 7 S0. t i i I K%101MA1'IIIMIDLfitAGLAO.�+�wt M+1 r, ATTACHMENT 5 ORDINANCE NO. I AN ORDINANCE OF THE CITY OF DENTON,TEXAS,PROVIDING FOR A CHANGE FROM AGRICULTURAL(A)ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 408.36 ACRES OF LAND TO SINGLE-FAMILY 7 CONDITIONED (SF-7[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 132,55 ACRES, SINGLE- FAMILY 10 CONDITIONED(SF-I0(C)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 84.09 ACRES, AND SINGLE-FAMILY 13 CONDITIONED (SF-13(C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 191.72 ACRES LOCATED BETWEEN UNIVERSITY DRIVE(HWY 380) AND MCKINNEY STREET (F.M. 426) IN THE PROXIMITY OF TRINITY ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFEC71VE DATE. (Z-99-072) WHEREAS,Paul Spain,on behalf of Dieter Schwartz,has applied for a change in zoning for 408.36 acres of land from an Agricultural(A)zoning district classification and use designation to a Single-family 7 (SF-7)zoning district classification and use designation on 132,55 acres,Single- family I0 (SF-10) zoning district classification and use designation on 84.09 acres, and Single- family 13 (SF-13) zoning district classification and use designation on 191.72 acres; and WHEREAS, on October 20, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning; and YMERF,AS, the City Council finds that the change in zoning will be consistent with the 1988 Denton Development Plan, the 1998 Denton Plan Policies,and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE, 714E COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1, That the zoning district classification and use designation of the 81.71 acre property described in the legal do—iption attached hereto and incorporated herein as Exhibit A is changed from an Agricultural (A) zoning district classification and use designation to a Single- family 7 conditioned (SF-7[c]) zoning district classification and use designation;that the zoning district classification and use designation of the 61.29 acre property described In the legal description attached hereto and incorporated herein as Exhibit B is changed from an Agricultural(A) zoning district classification and use designation to a Single-family 10 conditioned (SF-10(c]) zoning district classification and use designation;that the zoning district classification and use designation of the 22,80 acre property described in the legal description attached hereto and incorporated herein as Exhibit C is changed from an Agricultural(A)zoning district classification and use designation to a Single-family 10 conditioned (SF-10[c])zoningdisbict classification and usedesignation;that i the zoning district classification sad use designation of the 191.72 acre property described In the legal description attached h►,•eto and incorporated herein as Exhibit D is changed from an Agricultural(A) zoning dir,dct classification and use designation to a Single-family 13 conditioned (SF-13(c]) zoning district classification and use designation; and that the zoning district I 51. J c, .OIiCL1g1i1lV�DO1tlGLb L.1111y .. _. classification and use designation of the 50.84 acre property described in the legal description attached hereto and Incorporated herein as EY-libit E is changed from an Agricultural (A)zoning district classification and use designation to a Single-family 7 conditioned(SF-7[c])toning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas,subject to the following conditions: I. Prior to the issuance Of any building permits,adequate transportation infrastructure shall be constructed in accordance with a if;f c Impact Analysis(M)approved by the Transportation and Engineering Department 2. That a commitment for improvements to the Lakeview Boulevard bridge over Cooper Creek is approved by the Transportation and Engineering Department;and 3. That the amendment to the Roadway Component of the Denton Mobility Plan(DMP) that proposes a new corridor south of Mills Road for Lakeview Boulevard to the west of the existing Trinity Road is resolved. S8Q'=- That the City's official zoning map is amended to show the change in zoning district classification. SECTION . That any person violating any provision of this ordinance shall, upon conviction,be fined a sum not exceeding$2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. That if any section,subsection,paragraph,sentence,clause,phrase, word,or provisions of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or part or provisions hereof, other than the part to decided to be invalid or unconstitutional,and the City Council of the City of Denton,Texas hereby " declares it would have enacted such remaining portions despite any..uch validity. SECTION 5. That this ordinance shall become effective fourteen(14)days from the date Of its passage, and the City Secretary Is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas,within ten(10)days of the date of its passage. PASSED AND APPROVED this the day of 999 JACK MILLER, MAYOR 52. Page 2 j i I i rcxaawwxumoorlaa.e�ray..►.e Mnr .: _ ... . ATTEST: JENNIFER WALTERS,CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY By: ll oo, r �f�ff� : C• i i 53 Page 3 it t l h i EXHIBIT A 9-99-072 Single Family (SF-7) POINT OF BEGINNING being a Y; Iron Rod South 87139'63'East a distance of 1,762.98 feet to a Y:Iron Rod for comer, THENCE South 02A 29'200 West along Tr6u'ty Road a distance of 2,306.03 feel to a Yi Iron Rod for comer, THENCE North 87A 07'53"West along Stagg Road a distance of 1,403.40 feet to a W Iron Rod for corner, THENCE North 551148'41"West a distance of 131.63 feet to a point for comer, THENCE North 40A 29'30*East a distance of 222.22 feet to a point for corner, THENCE North 25A 51'36'West a distance of 164.43 feet to a point for comer, i THENCE North 59A 01'32"West a distance of 40.87 feet to a point for comer, THENCE North 11 A 41'25"East a distance of 13,74 feet to a point for comer, THENCE North 70A 06'211'East a distance of 64.81 feet to a point for comer. THENCE North 57A 31' 14"East a distance of 88,39 feel to a point for comer, THENCE North 02A 06'16"West a distance of 68.66 feet to a point for comer, THENCE North 34A 46'24"West a distance of 133.12 feet to a point for comer, THENCE North 09A 46'53"East s distance of 213.32 feel to a point for comer, THENCE North 03A 07' 11"East a distance of 349.74 feet to a point for corner, THENCE North 2011 19' 10"East a distance of 11620 feet to a point for corner, THENCE North 8911 34'64"West a distance of 280.71 feet to a point for corner, THENCE North OOA 25'08"East a distance of 304.49 feel to a point for comer, said point being on the south right-of-way line of Appaloosa Orive (a 60'right-cf•way); THENCE North 05A OT 40"West departing sold south right-of-way line a distance of 60.00 feet to a point on the north right-of-way llne of said Appaloosa Drive,a circular curve concave to the Southeast and having a radius of 630.00 feet and a tangent bearing of South 84A 64'20'West; THENCE run along the arc of said right-of-way line through a central angle of 041168'67'for a distance of 54.79 feet to a point for comer, THENCE North OOA 25'06"East departing sold north right-of-way One a distance of 568.62 feel to the POINT OF BEGINNING. i Containing 81.71 ocres, more or less. r A r, 54. C 4 1 EXHIBIT B 1t-94-072 Single Family(SF-10) POINT OF BEGINNING being in the south right-of-way One of Stan Road(a e0'right-oPway) South 87413'23'East along sold right-ofmay Une a distance of 169.80 feet to a W iron Rod for comer, THENCE South 02415'04'West deporting said right-of-way One a distance of 990.43 feet to a point for comer, THENCE South 874 44'57" East a distance of 40.00 feel to a point to,comer, THENCE South 02416'04'West a distance of 1,912.92 feet to a point for comer, said point being in the south right-of-wey line of Draught Horse Drive(a 60'righl-of-way); THENCE South 674 44'67"East along void right-of-way One a distance of 40.00 feet to a point for comer, THENCE South 02416'04"West departing said right-of-way One a distance of 841.69 feet to a point for comer, THENCE North 874 02' 12'West a distance of 102.72 feet to a Ya'Iron Rod for comer, THENCE North 67426' 16'West a distance of 68316 feet to a point for comer. THENCE North 024 37'02"East a distance of 3,636.60 feet to a Ya'Iron Rod at a fence comer post for corner,said point being In the south rlght-of-way One of the aforementioned Slagg Road; THENCE South 87413'23'Eb.r along void right-of•wey line a distance of 616.46 feel to the POINT OF BEGINNING. Containing 61.29 acres, more or less. ss, tJ I l; EXHIBIT C L-99-072 Singlo Family(SF-10) POINT OF BEGINNING being a W Iron Rod South 87"02'12*East a distance of 102.72 feel to a point for comer, THENCE South 811102'11'East a distance of 267,03 feel to a point for comer, THENCE South 201 21'07"West a distance of 52.88 fast to a point for comer, THENCE South 12"44.38'East a distance of 194,93 feet to a poh,t for comer, THENCE E .h 1$A O& 28"Wesl a distance of 82.5a feet to a patnt for comer, T}IENCE South 32"19'C 1'East a distance of e8.04 feel to a point for caner, THENCE South Y M 34'46' East a distance of 191.60 feet too point for comer, THENCE North 54"39'490 East a distance of 497,70 feel to a point for comer,said point being on the west right-ofway line of Lakeview Boulevard(a 80'right-of-ways THENCE North 82"35'47*East departing seld west righl-of-way line a distance of 93.74 feel to a point for comer, THENCE South 02"32'12'West a distance of 683.61 feel to a point for cw% THENCE North 87"09'07*West a distance of 78.28 feel 3 a point for comer,said point being on t',e east right-of•way llne of the aforementioned Lakeview Boulevard; THENCE South 29"57, 13'West along sold righl-of-way fine a dlstonoe of 333.44 feel to a point of curvature on a circular curve concave to the Southeast and having a radius of 480.00 feel and a tangent bearing of South 29"$7'13"West THENCE run along the arc of said righl-of-way line through a central angle of 24"48'46'for a distance of 207.78 feet to a point for corner, THENCE l;orth 86"44'34'West along Mills Road departing sold right-of-way Una a distance of 85.76 feet to a Y.iron Rod for comer, THENCE North 86"44'324 West continuing oiong Mills Road a distance of 731.65 feel to a YR iron Rod for corner, THENCE Nash 01"33'30"East distance of 1,157.79 feel to the POINT OF BEGINNING, Containing 22.80 acres,more orlesa. WIN I I 56. i t I ' c r I 1 EXHIBIT D z-99-072 Singh Farn)ly(SF-13) POINT OF BEGINNING Of 65.76 fee to a point for corner,being "aid Point elong InBthe east rlghl-of w y9of Lakeview Boulevard (a 60'riphl-of•way); THENCE South 86"44'32"East continuing along Mills Road a distance of 124.50 feel to a point for comer THENCE North 43" 16'17"East slang Trinity Y.00d a dlatance of 97.99 Not to a point for comer, THENCE South 46"43'400 East a distance o(62.78 feet 10 a point for corner, :THENCE South 61"26'464 East a distance of 184.15 feet to a point for comer, THENCE South 46"06'37"East a distance of 118.88 feet to a point for corner; THENCE South 73^31'18m East a distance o(205.51 feel to a point for comer, THENCE South 34"26'1 S"East a dlslance of 113.77 feet 10 a polnI for corner THENCE South 67"63'03"East a die tonce of 124,36 feel to a point for comer, THENCE South 66"43'51•East a distance of 103.64 feel to a point for comer, THENCE South 32^05'28"EasI a distance of 151.09 feel to a polnI for Comer; THENCE South 85^ :6'40"Eeat a distance of 61.22 feet to a point for comer, THENCE North 45^ 16'48*East a distance of 133.07 feet to a point for caner, THENCE due East a distance of 60.95 feet 10 a point for comer, THENCE South 63^41'10" East a distance of 81.26 feet to a A"Iron Rod for corner; THENCE South 03^ 13'4$"West a distance 0.'832.91 feet 10 a K'Iron Rod for comer, THENCE South 60^26'45"East a distance of 646.69 feet to a Corp1 of Engineers Concrete Monument marked Q•300•W for comer, THENCE South 37"06'22'East a distance of 406.29 feet to a Corps of Englneerc Concrete Monument marked 0•299•W for comer, THENCE South 40"44'09'East a distance of 651.29 feet to a Corps of Engineers Concrete Monument marked Q-2bil-W for caner, THENCE South 33" 41'464 East a distance of 277,90 feel to a Corps of Engineer,Connate Monument marked 0•297•W for comer, THENCE South 25" OS'59"West a distance of 162.09 feat to a Corps I Engineers Concrete Man,nel marked 0•298•W for corner A THENCI:South 06^ 66'20'West a distance of 298.82 feel to a Curps of Engineers Concrete ( / r 1 Monumenl marked 0•295•W for corner, 57 . c EXHIBIT D 2-99-072 (Cont. a THENCE North 48"20'23"Eel a distance of 268.99 feet to a Corps of Enpineere Concrete Monument marked 0.294-W for corner, THENCE South 02"27135-West a distance 040.88 feet to a Corps of Engineers Concrete Monument mark-7d 0-203-SW for comer THENCE South 02"28116%West a distance of 949.52 feet 10 a Corps of Engineers Concrete Monument marked 0-203•W for comer, THENCE South 02"30'01'West a distance of 1,339.23 feet to a Y.'(tan Rod for corner, THENCE South 83^27'41"East a distance of 352.07 feel to a Y;Iron Rod for corner, THENCE South 02"2714P West a distance of 130.28 feel to a Y?Iron Rod for comer, THENCE South 61" 13'334 West a distance of 88.24 feet to a point for comer, THENCE South 68^27'45"West a disance of It 1,15 feel 10 a point for comer; THENCE South 65"08'07*West a distance of 134.14 feet to a point fc-romer; THENCE North 83"40'48"West a distance of 78.13 feel to a pot)l for corns;. THENCE North 63"271224 West a distance of 149.69 feet ro a point for comer, THENCE South 25^57'55*West a distance of 232.60 feet to a t:Iron Rod for corner, THENCE due West a distance of 767.70 feel to a point for comer, THENCE North 03^12'57" East a distance of 550.34 feel to a fence comer post for corner, THENCE North 64"35'24"West a distance of 413.13 feel to a Y.'Iron Rod for comer; THENCE North 01^69'3V East a distance of 706.01 feet to a Y,'from Rod for comer, THENCE North 02" 40' 16"East a distance of 2,12817 feet to a fence comer pest for comer; " THENCE North 84"51'02"West a distance of 654.33 feel to a fence'comef post for comer, THENCE North 05"48'02"West a crstance of 10.33 feel to a fence comer post for corner, THENCE North 88"39'360 West a distance of 858.14 feet to a Yi Iron Rod for corner, THENCE North 02" 51'64"East along Trinity Road a distance of 527,40 feel to s Y.Iron Rod for corner, THENCE South 86" 16' 15"East a distance of 669.42 feel to a Y,'Iron Rod for comer, THENCE North 16" 67' 36*East a distance of 148.41 feet to a Ya'Iron Rod for comer, r THENCE North 62"26'620 West a distance of 707.37 feet to a Y,'Iron Rad for comer, THENCE North 02"51'640 East done Trinity Road a distance of 660.38 feet to a K'from Rod for ( 1 , comer; 58. r G U EXHIBIT D 8-99-072 (Cont) THENCE North 02^51'$1'East willnutng along TrInny Road a distance of 179.93 feel to a W Iron Rod for Comer; THENCE North 02^51'34*East continuing along and departing from Trinity Road a distance of 651.47 feet to the POINT Of BEGINNING. Containing 191.72 acres,more or teas. 59. i I t I �I i EXHIBIT E E-99-072 Field Notes for Fiscal D—Single Family(SF•7) " (Including School and Park sites) POINT OF BEGINN1140 due East a distance of 767.70 fat 10 a W Iron Rod for ewer, THENCE South 83"27'22'Eest a distance of 142.97 feet to a point for comer, THENCE North 28"02'37"East a distance of 480.78 feel 10 a point for comer, THENCE South 83"40'47'Eat a dhtsnce of 422.56 feel to a point for comer, THENCE North 55"05'07"East a distance of 460,52 feel to a point for comer, THENCE North 85"27'44"Eat a distance of 101.42 fat to a point for comer, THENCE North 81" ITV East a distance of 62,71 feel to a point for comer, THENCE South a7"32'22'East a distance of 16.00 feel to a W kon Rod for comer, THENCE South 02^27'48"West a distance of 1,800.00 feet to a Y;Iron Rod for comer, i THENCE South 26"26'54'West a distance of 274.06 feel to a W Iron Rod fur cemer, -THENCE South 42"52'45'We$I a distance of 220.14 feet to a Y;Iron Rod for comer, said point being on the north right-of way line of McKinney Skeet(F,M.426); THENCE North 47"27'12'West along sold rot-of-way rime a distance of 318.59 feel to a W Iron Rod for comor, i THENCE North 46"46"124 West along said right-of-way line a distance of 966.20 feet to a W iron Rod for a point of curvature on a circular curve concave to the Southwest and having a radius of 710.61 feel to a point for corner and a tangent bearing of North 47"07'42'Was; THENCE run along the are of Bald righl•of-wey line through a central amgto of 164 2g'10,for a distance of 204.50 feet to a Y; Iron Rod for comer, THENCE North 03" 12'57'Eat departing said right-of•wey One a distance of 1,015.11 foot to the POINT OF BEOiNNINO. Containing 50.84 acres,more or logo. { I ,I rf Af •l 0 60. t• c Agenda No. _Qq•Q�'f_ AGENDA INFORMATION SHEET Agenda Ram__ was _ AGENDA DATE: November 16, 1999 DEPARTMENT- Planning Department ACM: David hill,349-6314 SUBJECT- Z•99-031 (Shadow Brook Place) Hold a public hearing and consider zoning approximately 34 acres to One Family Dwelling (SF- 16) zoning district and land use classification. The properly is located outh of El Pasco Drive, between Forestridge Drive and Montecito Drive. Sinble family residential development is proposed. The Planning and Zoning Commission recommends approval(5-0). BACKGROUND Beverly Stephens, property owner and applicant, requests the property be zoned with a permanent land use classification of One Family Dwelling (SF-16) zoning district and land use classification. The 34.40 acre site is bounded by the Forrestddge subdivision to the west, Montecito subdivision to the north, and the Montecito Del Sur subdivision to the east. All of these neighborhoods are classified as One Family Dwelling(SF-16) zoning district, The property is presently undeveloped, The owner intends to develop a residential subdivision. Mrs. Stephens anticipates that the lot sizes in the proposed single-family subdivision will range 6om three-quarters (ii) acre to one (1)a,ro. To allow this flexibility, the owner is requesting a One-Family Dwelling (SF-16)zoning distncl, which is consistent with the zoning districts of the adjaccn( subdivisions(sec Attachment I - Enclosure 3), 7 he development of the Shadow Brook Place property will require several public improvements. There is no application for a plat at this lime, However,the following are general improvements, which it may be required to provide: I• Construction of intcral streets. 2. Sidewalks along all public streets,including El Pasco Road, 3. Extensions of water and sewer lines. 4. Stortn water drainage improvements. S. Installation of fire hydrants 6 Dedication of public utility casements. 7, Participation in traffic signalization based upon a Traffic Impact Analysis (TIA). the proposed single-ramify subdivision will be subject to the park dedication and park development fees in accordance with the Park Dedication Ordinance(Ord. 99.039), i A 1 , u PRIOR ACTION EVI •W k` The following is a chronology of Z-99-051 (Shadow Brook Place): DRC Datc(s)— June 117. 1999(Predesign) Application Date— June 17, 1999 P&Z Date August 25, 1999 i ESTIMATED PROJECT SCHFDUs F. This property must be platted before any development can oc^ur, FISCAL INFORMATION Development of this property will Increase the assessed value of the city, county, and school f district. It will require no short-term public improvements that are the responsibility of the city, RECOMMENDATION The Planning and Zoning Commission recommends approval of the zoning (5-0). PUBLIC NOTIFICATION Thirty-three (33) property owners within two hundred feet were mailed legal notices concerning the zoning request and one hundred and eighteen (I 19) residents within f ve hundred feet were sent courtesy notices infonning them of the zoning request(see Attachment I —Enclosure 6). As orthis writing, five (5) responses have been received. Four property owners are Opposed to the , proposed One-Family Dwelling (SF-16) zoning district and one (1) is in-favor of it (see Attachment 3). A neighborhood meeting has not been held; however, the applicant mailed an informative letter to all one hundred and eighteen (118) residents within five hundred feet, describing the proposed development(see Attachment 1 — Enclosure 10). ATTACHMENTS 1. Planning and Zoning Commission Staff Report for Z-99.051, August 25, 1999 2. Planning and Zoning Commission Minutes for Z-99-051,August 25, 1999 3. Properly Owncr Responses(5) 4, Drag Ordinance R p if fly submitted: t, Mark Donaldson Assistant Director of Planning and Development 2. 1 Q I Prep ed by, Wayne ed Planner 1 1 I � w it C� : AM• • I • 1 , 1- WTFZw • • — • • I • . • • : _•M. r • • 1 • • • : • • • : •• r • • : 111 -• j , 4 � �] � � � f 1 �iY1 Y�. 5 4,• 1,•I I �tl 1 ��. i � 1 •lll! �, .V ! •1 ItJ 1 S E\ II { 7,11 i� •�J / 1 t ® J Inns ;i � "�• �� � �e11�� t �PrVf•1 � �'t J' ' •� � {A /Ix • I IL � i • �.. F.Sq�t pi J. '. oM r ,l ►Tl�I /� �� .. I • 1 s c, I I I Applicant; Beverly Stephens Owner: E. Wayne and Beverly Stephens WBB 8 B Holdings, LTD 420 El Paseo Street P. 0. Box 60877 Denton, TX 76205 Denton, TX 76206-0877 The subject property is currently undeveloped except for a single-family home. The applicant anticipates that many of the lots In the proposed single-family subdivision will range from three- quarters ('/) acre to one(1)acre. To allow this flexibility, the owner Is requesting a Single-family 16 (SF-16)zoning district. 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DOP) shows this area to be within a Low Intensity Area. These areas are Intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small commercial/recall centers spaced at about mile Intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due t- :zvsiopment within Low Intensity Areas Is restricted to 60 trips per day per acre in order to balanr• ! use with road capacity. Staff finds the proposed developm to be consistent with bu,h the policies and trip Intensity standards of the 1988 DDP (see , closure 8). 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) Is to be used In conjunction with the 1988 Denton Development Plan In evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be consistent with the policies of the 1898 DP (see Enclosure 9). The draft land Use Plan Identifies this property to be within an "Existing Neighborhood" area. The adopted Growth Management Strategy states that future residential development within established residential areas, such as this one, should be developed In a manner that responds to the existing residential development with compatible land uses and pattems. The plan recommends that existing neighborhoods within the City be protected and preserved. The requested zoning designation would be consistent with surrounding zoning districts, protecting and preserving the nature of this residential a rea. i Z 99 D51 PZ start ReMtdx 5. t � I 1. Transportation A. Trip generation The proposed development would generate approximately 669 trips per day N built out with seventy(70)homes(2.04 lots per acre Is an estimated average number of lots for SF-16). This Is thirty-two percent(32%)less than allowed trip generation. Table 1. Proposed Land Use Trip Generation Land Use Average Trip Maximum Bulldout Total Trip Generation Per Generation Single-Family(Detached) 9.55 trips/day 70 homes(2.041ac) 669 Allowed Trip Generatks 34.40 acres 60 trips/acre 2,064 Dif'erence 32% below allowed trips • 1,395 'Calculations provided by the Institute of Transportation Engineers, 1991. B. Access At this time, the proposed development would have one (1)access point onto El Paseo Road. No single-family residential lot would be permitted direct access onto El Poseo Road as It Is classified as a collector by the 1998 Mobilily Fian (see Enclosure 5). Internal streets would have to be constructed to provide Internal circulation for the subdivision, C. Pedestrian Linkages Sidewalks along all public streets are requlred. 2. Utilities There are existing water and sewer lines along EI Pam Road that could service the development (see Enclosure 3). The existing gravity sanitary sewer line on El Paseo Road flows Into the Granada lift station. This facility may require upsizing depending on wastewater demand calculations for the residential subdivision. This issue would he resolved during the platting of the property In compliance with the subdivision and land development regulations of the Code of Ordinances. 3. Drainage and Topography New development will be required to deslgn and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary plat. The study must Include caiouiations of the 100-year storm for all drainage areas on this property and any ! A. area that drains towards this property, The doveioper must Indicate the method by which the run- oN will be carried across the property or stored on thi property, 2 99.051 P2 Stag R?pvtdoc 6. c, 4. Signs As per the sign ordinance. 5. Off-Street Parking New development must provide parking ecuording to the regulatlDns of Chapter 35(35.301)of the Code of Ordinances. Each single-family lot shall provide two of-street parking spaces. 8. Landscaping This property will have to comply with the new Landscape Code,which requires fifteen (IS)trees per acre and twenty (20) percent of all surfaces to remain pervlais(plantable area), and buffering and screening between residential and nonresidential uses. 7. Open Space and Recreational Areas r This residential development will be required to participate In the development of public recreational areas. Through the Park Dedication Ordinance (98.039), this development will contribute to park land dedication and park development fees. Dedication requirements are required during the platting process. Parkdevelopment fees are required prior to the Issuance of building permits. The subject property Is currently within the City of Denton's Extraterritorial Jurisdiction (ETJ) (see Enclosure 3). The applicant has petitioned to be voluntarily annexe! Into the City of Denton and has requested a Single-family 18 (SF-18) zoning district classification and land use designation. The subject property is not platted and would need to be platted prior to any development. 0 Q PE N nWO Notice of the zoning request was published In the Denton Record-Chronlcle on August 15, 1999. Thirty-three (33)properly owners within two hundred feet were mailed legal notices and one hundred and eighteen (I 18) residents within five hundred feet were sent courtesy notices Informing them of the request (see EnclosurQ 8). As of thls writing,there has been orie (1) response. It Is opposed to the request (see Enclosure 7). No neighborhood meeting wes held; however, the applicant mailed an informative letter to all one hundred and eighteen (I 18) residents within five hundred feet, describing the proposed development (see Enclosure 10). A. I 99 0S r P2 SW I"*t.doc �. 7. rriri�r�r o ANNEXATION: Staff recommends approval of A-90 for annexation. The an exation service plan Indicates that the area can be served (see Enclosure 8). If the property Is not annexed, utilities and services would still serve it, but city taxes would not be collected. The request Is consistent with both the 1988 DDP policies and the 1998 DP policies. ZONING: Staff recommends approval of Z-99-051 for a 34.40 acre Single-family 18(SF-18)zoning district. The request Is consistent with the 1988 Denton Development Pion, the 1998 Denton Plan Policies, the 1999 Growth Management Plan and Strategy, and the draft Land Use Plan. The proposed zoning district provides for compatible land uses and protects existing land uses. ANNEXATION: I move to recommend approval of A-90 finding that: 1. It Is consistent with the 1988 Denton Development Plan; 2, It Is consistent with the 1998 Denton Plan Policies, 1999 Growth Management Plan and Strategy and the draft Land Use Plan; ZONING: I move to recommend approval of Z-99-051 finding that: 1. It Is consistent with the 1988 Denton Development Plan; 2. It Is consistent with the 1998 Denton Plan Policies, 1999 Growth Management Plan and Strategy and the draft Lend Use Pion; 3. It provides for compatible land uses; 4. it will protect and preserve existing residential properties within the area. 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend dental. 4. Postpone consideration. 5. Table item. Z19 051 D2 Stal Report.doc G c• I I I SEE 1. Vicinity Map. 2. Vicinity Map It. i 3. Zoning Map. 4. Utility Map. 5. Denton Mobility Plan Map. 8. 200'-500' Notification Map. 7. Property Owner Response(1). 8. 1988 Denton Development Plan (DDP)Policies. 9. 1998 Denton Plan (DP)Policies (2 pages). 10. Letter from Beverly Stephens to Residents, 11. Annexation Schedule (A•90). 12. Annexation Service Plan(A•90). 13. Draft Zoning Ordinance. r . 1 4 o IN-D5 PZ Stair Repatdoc 9 . G U i , r I END OF FILE r