HomeMy WebLinkAboutJune 5, 2012 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
June 5, 2012
After determining that a quorum is present, the City Council of the City of Denton, Texas will
3:00 p.m.
convene in a Work Session on Tuesday, June 5, 2012 at in the Council Work Session
Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
considered:
WORK SESSION
1. Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to speak on Consent Agenda Items only. Each
speaker will be given a total of three (3) minutes to address any items he/she wishes that
are listed on the Consent Agenda. A Request to Speak Card shoul
returned to the City Secretary before Council considers this item.
2. Requests for clarification of agenda items listed on the agen
3. Receive a report, hold a discussion, and give staff direction regarding the preliminary
2012-13 Proposed Budget, Capital Improvement Program, and Five Year Financial
Forecast.
Following the completion of the Work Session, the City Council w
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. When items for consideration are not listed under the Closed Meeting
section of the agenda, the City Council will not conduct a Close
the time listed below for its regular or special called meeting. The City Council reserves the
right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with
Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set for
CLOSED MEETING
1.Closed Meeting:
A.Consultation with Attorneys Under Texas Government Code, Section 551.071
1. Consult with and provide direction to Citys attorneys regarding legal
issues and strategies associated within the City limits and the
extraterritorial jurisdiction, including Constitutional limitations, statutory
limitations upon municipal regulatory authority, extension of a
moratorium on drilling and production, and statutory preemption
municipal regulatory authority.
B. Consultation with Attorneys Under Texas Government Code, Section 551.071.
Deliberations Regarding Real Property Under Texas Government Code, Section
551.072.
1. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located (1) in the A. Tompkins Survey, Abstract No. 1246
City of Denton City Council Agenda
June 5, 2012
Page 2
(located generally in the 1800 block of Bonnie Brae Street) and (2) in the
James Edmonson Survey, Abstract No. 400, Denton County, Texas
(located generally in the 3600 Block of Roselawn Street), all within the
City of Denton, Texas. Consultation with the Citys attorneys regarding
legal issues associated with the potential acquisition of the real property
described above where a public discussion of these legal matters would
conflict with the duty of the Citys attorneys to the City of De
City Council under the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas, or would jeopardize the Citys legal position in
any administrative proceeding or potential litigation.
2. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located in the M.E.P. & P. Railroad Survey, Abstract No. 927,
Denton County, Texas, and located generally along the west side of
Mayhill Road, between Gayla Drive and the east-west segment of Bridges
Street, within the City of Denton, Texas. Consultation with the Citys
attorneys regarding legal issues associated with the potential acquisition of
the real property described above where a public discussion of these legal
matters would conflict with the duty of the Citys attorneys to the City of
Denton and the City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas, or would jeopardize the
Citys legal position in any administrative proceeding or potential
litigation.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN CO
WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SU
ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCO
THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE PU
EXCEPTION). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INT
MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE, §551.001, ET
SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING A
OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE C
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEE
ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS
ACT.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the City Council Chambers
at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
considered:
REGULAR MEETING
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
Honor the Texas Flag I pledge allegiance to thee, Texas, one state under God, one and
indivisible.
City of Denton City Council Agenda
June 5, 2012
Page 3
2. PROCLAMATIONS/PRESENTATIONS
A.Proclamations/Awards
1.Rail Safety Awareness Month
2.Denton Public Library Day
3.National Community Health Improvement Week
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Nell Yeldell regarding deeds to property and related personal issues.
4. CONSENT AGENDA
Each of these items is recommended by the Staff and approval th
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance wit
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, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A R). 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 A R below will be approved with one motion. If
items are pulled for separate discussion, they may be considered as the first items following
approval of the Consent Agenda.
A.Consider adoption of an ordinance by the City of Denton, Texas,
denying a rate increase requested by Atmos Energy Corporation on or about
January 31, 2012; determining that the meeting complied with the
Meetings Act; making other findings and provisions related to the subject; and
providing an effective date.
B.Consider adoption of an ordinance of the City of Denton, Texas authorizing and
directing the City Manager or his designee to execute on behalf of the City of
Denton an Airport Project Participation Agreement with the Texas Department of
Transportation relating to construction of aircraft ramp at the Denton Airport;
total cost $1,117,000 with the City of Denton portion $111,700; authorizing and
directing the City Manager or his designee to expend funds as provided for in said
agreement and to execute documents on behalf of the City of Denton in order to
implement the project; and providing an effective date. The Airport Advisory
Board recommends approval (4-0).
C.Consider adoption of an ordinance authorizing and directing the City Manager or
his designee to execute on behalf of the City of Denton an assignment of a
Leasehold Interest in an Airport Lease Agreement at Denton Airport from Windle
& Windle Investments, Inc., to RWDW Aviation, Inc. for property located at
4633 Spartan Drive at Denton Airport; and providing an effective date. The
Council Airport Committee recommends approval (3-0).
City of Denton City Council Agenda
June 5, 2012
Page 4
D.Consider adoption of an ordinance of the City of Denton, Texas, approving the
2013 Budget of the Denton Central Appraisal District, and providing an effective
date.
E.Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a contract through the Buy Board Cooperative
Purchasing Network for the acquisition of a McCloskey 733 Screener, for the City
of Denton Beneficial Reuse Department; and providing an effective date (File
4940Purchase of McCloskey 733 Screener awarded to McCourt & Son
Equipment, Inc. in the amount of $464,460). The Public Utilities
recommends approval (5-0).
F.Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a Professional Services Agreement (PSA) with Graham Associates,
Inc. for Engineering Services relating to the Dry Fork Hickory Creek Tributary I
Interceptor Project; and providing for an effective date (File 4963awarded to
Graham and Associates, Inc. in the amount of $220,525). The Public Utilities
Board recommends approval (5-0).
G.Consider adoption of an ordinance accepting competitive proposals and awarding
a Three Year Contract for Tennis Instructor Services for the City of Denton Parks
Department; providing for the expenditure of funds therefor; and providing an
effective date (RFP 4898Tennis Instructor for City of Denton awarded to
Michael Christopher Brown and David Wayne Gray dba Gray Events
Management LLC in a three year contract not to exceed amount of $750,000).
H.Consider adoption of an ordinance amending Ordinance No. 2012-024 to extend
for an additional 120 days the moratorium on the acceptance or processing of
certain applications for permits to authorize oil and gas exploration and
production activities and other mineral exploration and production activities
(collectively, mineral activities ) within the corporate limits of the City of
Denton, Texas; directing the city staff to complete a comprehensive review of the
Citys ordinance governing the mineral activities and procedures related thereto
and to propose revisions thereto; providing for a method of repeal of this
moratorium; providing a procedure for a variance from this moratorium;
providing a cumulative clause; providing a severability clause; and providing an
effective date.
I.Consider a request for an exception to the Noise Ordinance for the purpose of
performing live jazz music at the Sweet Y Café located at 511 Robertson Street on
Friday, Saturday, and Sunday, June 15 through June 17, 2012, beginning at 7:30
p.m. and concluding at 11:30 p.m. on Friday and Saturday and beginning at 6:00
p.m. until 11:30 p.m. on Sunday. This request is for an extension of hours from
10:00 p.m. to 11:30 for amplified sound and for amplified sound on a Sunday. The
amplified sound will remain at the allowable 65 decibels Staff recommends
approval of the request of extending the hours of operation for amplified sound to
11:30 p.m.
City of Denton City Council Agenda
June 5, 2012
Page 5
J.Consider approval of a resolution of the City Council of the City of Denton,
Texas authorizing the filing of a project application with the North Central Texas
Council of Governments for a Regional Solid Waste Program Loca
Implementation Project, Recycling and Litter Reduction Equipment
amount of $66,015; delegating and authorizing George C. Campbell, City
Manager, or his designee, to act on behalf of the City in all other matters that are
related to this project application, pledging that if funding for this project is
received, the City of Denton will comply with all project requirements of the
North Central Texas Council of Governments, the Texas Commission on
Environmental Quality, and the State of Texas; and providing for an effective
date.
K.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 1.364 acre tract situated in the M.E.P. & P.R.R. Company
Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas,
as more particularly described on Exhibit A , attached to the ordinance, located
generally in the 1000 block of South Mayhill Road (the Property Interests ), for
the public use of expanding and improving Mayhill Road, a municipal street and
roadway; authorizing the City Manager or his designee to make an offer to J.G.
Duncan and wife, Frances Duncan to purchase the Property Interests for the
purchase price of Eighty Three Thousand Six Hundred Eighty Dollars and No
Cents ($83,680.00), and other consideration, as prescribed in the Purchase
Agreement, as attached to the ordinance and made a part thereof as Exhibit B ;
authorizing the expenditure of funds therefor; and providing an effective date.
L.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 0.019 acre tract situated in the M.E.P. & P.R.R. Company
Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas,
as more particularly described on Exhibit A , attached to the ordinance, located
generally in the 1000 block of South Mayhill Road (the Property Interests ), for
the public use of expanding and improving Mayhill Road, a municipal street and
roadway; authorizing the City Manager or his designee to make an offer to
Youvonne Matzinger and the Estate of Philip Hardy Matzinger, deceased to
purchase the Property Interests for the purchase price of Two Thousand Four
Hundred Eighteen Dollars and No Cents ($2,418.00), and other consideration, as
prescribed in the Purchase Agreement, as attached to the ordinance and made a
part thereof as Exhibit B ; authorizing the expenditure of funds therefor; and
providing an effective date.
M.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple to a 0.309 acre tract situated in the M.E.P. & P.R.R. Company
Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas,
as more particularly described on Exhibit A , attached to the ordinance, located
generally in the 1100 block of South Mayhill Road (the Property Interests ), for
the public use of expanding and improving Mayhill Road, a municipal street and
roadway; authorizing the City Manager or his designee to make an offer to Walter
Ronnie Kingston and wife, Margaret Ann Kingston to purchase the Property
Interests for the purchase price of Eighty Five Thousand Dollars and No Cents
($85,000.00), and other consideration, as prescribed in the Contract Of Sale, as
City of Denton City Council Agenda
June 5, 2012
Page 6
attached to the ordinance and made a part thereof as Exhibit B ; authorizing the
expenditure of funds therefor; authorizing relocation expenditures; and providing
an effective date.
N.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (i) fee simple to a 0.74 acre tract; (ii) a utility and slope easement
encumbering a 0.13 acre tract; (iii) a slope easement encumbering a 0.01 acre
tract; and (iv) a temporary construction, grading and access easement
encumbering a 0.01 acre tract, all tracts located in the A. Tompkins Survey,
Abstract Number 1246, City of Denton, Denton County, Texas, as more
particularly described on Exhibit A , attached to the ordinance, located generally
in the 1800 block of South Bonnie Brae Street (the Property Interests ), for the
public use of expanding and improving Bonnie Brae Street, a municipal street and
roadway; authorizing the City Manager or his designee to make an offer to Eliza
T. Shockley to purchase the Property Interests for the purchase
Hundred Sixty One Thousand Nine Hundred Seven Dollars and No Cents
($161,907.00), and other consideration, as prescribed in the Purchase Agreement,
as attached to the ordinance and made a part thereof as Exhibit B ; authorizing
the expenditure of funds therefor; and providing an effective date.
O.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (i) fee simple to a 1.91 acre tract; (ii) a utility and slope easement
encumbering 0.57 acres; and (iii) a drainage easement encumbering 0.02 acres, all
tracts located in the James Edmonson Survey, Abstract Number 400, City of
Denton, Denton County, Texas, as more particularly described on Exhibit A ,
attached to the ordinance, located generally on Roselawn Drive, 600 feet east of
South Bonnie Brae Street (the Property Interests ), for the public use of
expanding and improving Bonnie Brae Street, a municipal street and roadway;
authorizing the City Manager or his designee to make an offer to the Chamberlain
Trust to purchase the Property Interests for the purchase price of Sixty Six
Thousand Five Hundred and Nineteen Dollars and No Cents ($66,519.00), and
other consideration, as prescribed in the Purchase Agreement, as attached to the
ordinance and made a part thereof as Exhibit B ; authorizing the expenditure of
funds therefor; and providing an effective date.
P.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (i) fee simple to a 0.11 acre tract; (ii) a slope easeme
acres; (iii) a drainage easement encumbering a 0.03 acre tract; and (iv) a
temporary construction, grading and access easement encumbering
tract, all tracts located in the James Edmonson Survey, Abstract Number 400,
City of Denton, Denton County, Texas, as more particularly described on Exhibit
A , attached to the ordinance, generally located on Roselawn Drive, 800 feet
east of South Bonnie Brae Street (the Property Interests ), for the public use of
expanding and improving Bonnie Brae Street, a municipal street and roadway;
ake an offer to the Longhorn
authorizing the City Manager or his designee to m
Council Boy Scout Foundation, Inc., a Texas corporation, to purchase the
Property Interests for the purchase price of Five Thousand Nine Hundred and
Fifty Five Dollars and No Cents ($5,955.00), and other consideration, as
prescribed in the Purchase Agreement, as attached to the ordinance and made a
part thereof as Exhibit B ; authorizing the expenditure of funds therefor; and
providing an effective date.
City of Denton City Council Agenda
June 5, 2012
Page 7
Q.Consider approval of a resolution by the City Council of the City of Denton
relating to the issuance of bonds by North Texas Higher Education Authority,
Inc.; approving the issuance of such bonds and the use of the proceeds of such
bonds; recognizing that the City has no financial obligation to pay any principal
or interest on the bonds, and making certain findings in connection therewith; and
providing an effective date.
R.Consider approval of the minutes of:
May 1, 2012
May 7, 2012
May 8, 2012
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider a nomination to the Public Art Committee.
6. PUBLIC HEARINGS
A.Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, regarding a Specific Use Permit (SUP) to allow tw
through Facilities (ATMs). The approximately 0.33 acre subject property,
commonly known as Block 9 of the Old Towne Denton Addition is located north
of Mulberry Street, west of Austin Street, south of Walnut Street, and east of
Locust Street; located within the Downtown Commercial General (D
district; and providing for a penalty in the maximum amount of $2,000.00 for
violations thereof, severability and an effective date. The Planning and Zoning
Commission recommends approval (6-0). (S11-0004, Wells Fargo Denton ATM)
B.Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, regarding a Specific Use Permit (SUP) to allow two Wind Energy
Conversion Systems (WECS). The approximately 70.6 acre subject property,
commonly known as Lot 3 of the Sorrells-McBride Acres Addition i
south of Roselawn Drive and west of the T&P Railroad right-of-way; located
within a Neighborhood Residential 2 (NR-2) zoning district; and providing for a
penalty in the maximum amount of $2,000.00 for violations thereof, severability
and an effective date. The Planning and Zoning Commission recommends
approval (6-0). (S11-0005, Wind Turbines-Roselawn)
C.Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, providing for a zoning change from Neighborhood Residential 4
(NR-4) zoning district classification and use designation to Community Mixed
Use General (CM-G) zoning district classification and use designation, on 7.12
acres, located on the southeast corner of the intersection of F.M. 428/Sherman
Road and Hartlee Field Road, in the City of Denton, Denton Count
providing for a penalty in the maximum amount of $2,000.00 for v
thereof; providing a severability clause and an effective date. The Planning and
Zoning Commission recommends approval (7-0). (Z12-0001, Pruett Property
Rezoning)
City of Denton City Council Agenda
June 5, 2012
Page 8
D.Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, providing for the rezoning of approximately 9.67 acres of land
from a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district and
use classification to a Neighborhood Residential Mixed Use (NRMU) zoning
district and use classification; and the rezoning of approximately 10.20 acres from
a Neighborhood Residential 6 (NR-6) zoning district and use classification to a
NRMU zoning district and use classification; located at the southwest corner of
Mingo Road and Nottingham Drive; and providing for a penalty in
amount of $2,000.00 for violations thereof, severability and an effective date.
The Planning and Zoning Commission recommends approval (7-0). (Z11-0024,
Magnolia Apartment Living)
E.Hold a public hearing and consider adoption of an ordinance providing for an
initial zoning district and use classification of Community Mixed Use General
(CM-G) and Neighborhood Residential Mixed Use 12 (NRMU-12) on
approximately 33.1 acres of land and the rezoning of approximately 3.7 acres of
land from a Neighborhood Residential 6 (NR-6) zoning district and use
classification to a NRMU-12 zoning district and use classification; located at the
southeast corner of McKinney Street and Mayhill Road; providing for a penalty in
the maximum amount of $2.000.00 for violations thereof, severabi
effective date. The Planning and Zoning Commission recommends approval (5-
1). (Z11-0025, McKinney/Mayhill Rezoning)
7. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual information or recitation
of policy, or accept a proposal to place the matter on the agenda for an upcoming
meeting
AND
Under Section 551.0415 of the Texas Open Meetings Act, provide reports about
items of community interest regarding which no action will be taken, to include:
expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing
body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
C. Official Action on Closed Meeting Item(s) under Sections 551.
Texas Open Meetings Act.
City of Denton City Council Agenda
June 5, 2012
Page 9
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the ________day of ___________________, 2012 at ________o'clock
(a.m.) (p.m.)
__________________________________________
CITYSECRETARY
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AGENDA INFORMATION SHEET
AGENDA DATE:
June 5, 2012
DEPARTMENT:
Finance
ACM:
Jon Fortune
______________________________________________________________________________
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the preliminary FY
2012-13 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast.
BACKGROUND
The purpose of this Work Session item is to provide the City Council with some preliminary
information regarding the FY 2012-13 Proposed Budget, Capital Improvement Program, and
Five Year Financial Forecast. The PowerPoint presentation provides a preliminary version of the
Five Year Financial Forecast for FY 2012-13. The financial planning process is still in the early
stages and, as a result, the forecast should not be considered complete. Over the next several
weeks, staff will work to finalize the FY 2012-13 Proposed Budget and Five Year Financial
Forecast recommendations. The final version of the financial plan will be submitted to the City
12.
Key highlights for the General Fund FY 2012-13 Five Year Forecast include:
Higher than anticipated ending fund balance for FY 2010-11.
Ad valorem growth assumption of 3% FY 2012-13, 3% in FY 2013-14, and 4% in the
outgoing years of the forecast.
A revised sales tax projection for FY 2011-12, which is expected to be 8.11% above FY
2010-11 receipts. Future year estimates assume a 3% annual rate of growth.
Reduction of the FY 2011-12 expenditures associated with the economic development
agreement with the Rayzor Ranch development by $421,698. The agreement is anticipated
to be initiated in FY 2012-13.
Revised estimates for a variety of revenues including service fees, fines and fees, licenses
and permits, and investment income.
A proposed one cent tax increase is included in FY 2014-15.
In addition, it is proposed that street maintenance funding be significantly increased in FY 2012-
13 by utilizing 1) the growth in franchise fees and 2) savings achieved by the sale of Certificates
of Obligation in lieu of revenue bonds for utility projects. The proposed increase in street
maintenance is discussed in more detail in the attached presentation.
Agenda Information Sheet
June 5, 2012
Page 2
In addition to the General Fund, the attached presentation details the preliminary budget
information for a number of other key funds in the City. In particular, various rate increases are
proposed for the Water, Wastewater and Solid Waste funds. These rate increases are needed to
replace a larger share of aging infrastructure with current revenue instead of debt and properly
fund reserve balances. The Public Utilities Board (PUB) is still in the process of reviewing the
budgets for these funds, and the FY 2012-13 Proposed Budget recommendations will be formally
considered in June by the PUB.
I want to again emphasize that the information discussed above is preliminary. Staff will be
working over the next several weeks to finalize our projections and, as we obtain more data, we
will keep the City Council fully informed.
I look forward to discussing this information in detail with you. If you have any questions, or
need additional information, please let me know.
EXHIBITS
PowerPoint presentation
Respectfully Submitted By:
Bryan Langley
CFO and Director of Strategic Services
AGENDA INFORMATION SHEET
AGENDA DATE:
June 5, 2012
DEPARTMENT:
Airport
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing and directing the
City Manager or his designee to execute on behalf of the City of Denton an Airport Project
Participation Agreement with the Texas Department of Transportation relating to construction of
aircraft ramp at the Denton Airport; total cost $1,117,000 with the City of Denton portion
$111,700; authorizing and directing the City Manager or his designee to expend funds as
provided for in said agreement and to execute documents on behalf of the City of Denton in
order to implement the project; and providing an effective date. (Airport Advisory Board
approved 4-0)
BACKGROUND
The City of Denton Airport staff presented a letter of request to the Texas Department of
Transportation Aviation Division (TxDOT Aviation) on September 27, 2010 to consider grant
funding for paving additional apron area adjacent to the Airport Terminal at Denton Airport.
TxDOT Aviation responded in January 2011 with an offer to include the Engineering / Design for
apron paving in their 2011 Airport Improvement Project grant funding. The request to accept this
grant funding offer was approved by City Council Resolution R2011-010 on April 19, 2011. The
engineering phase of the project was accepted by City Council Ordinance 2011-120 on August 2,
2011.
The City is now requested to consider an Airport Project Participation Agreement (APPA), the
grant, with TxDOT Aviation for the Construction Phase of this project. The total estimated cost of
the construction phase is $1,117,000, with the City of Denton requested to fund 10% or $111,700.
This item will be on the City Council Agenda for June 5, 2012.
This additional apron space will accommodate current large aircraft transiting the area where heavy
maintenance is performed on them by Jet Works Air Center, will allow for future expansion of
privately owned and operated heavy maintenance hangar facilities and create aircraft movement
area to accommodate charter service from the Airport Terminal. Each of these proposed uses of the
additional apron area will enhance current and future Airport service and provide safety
improvement for the aircraft movement area adjacent to the Airport Terminal.
Agenda Information Sheet
June 5, 2012
Page 2
FISCAL IMPACT
The construction phase will be presented at a cost of $1,117,000
will be $111,700 to fund 10% of the construction cost.
PRIOR ACTION
1.Letter of request for grant funding submitted to TxDOT Aviation on September 27, 2010
2.Project acceptance Resolution R2011-010 approved by City Council April 19, 2011
3.Engineering Phase acceptance Ordinance 2011-120 approved by City Council August 2,
2011
RECOMMENDATION
Airport Staff recommends approval of the APPA for the Construction Phase of the Airport
Terminal apron improvement.
EXHIBITS
1.Resolution R2011-010 accepting a grant to fund Airport Apron Improvement
2.Ordinance 2011-120 accepting the Engineering Phase of Apron Improvement
3.Ordinance to authorize the Construction Phase of Apron Improvement
4.TxDOT APPA for Construction Phase
Respectfully submitted:
Quentin Hix
Director of Aviation
c:\documents and settings\1737717\local settings\temporary internet files\content.outlook\dcju9qbz\airport txdot appa.doc
ORDINANCE NO._____________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING AND DIRECTING
THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ON BEHALF OF THE CITY OF
DENTON AN AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION RELATING TO CONSTRUCTION OF AIRPORT
RAMP AT THE DENTON AIRPORT; TOTAL COST $1,117,000 WITH THE CITY OF
DENTON PORTION $111,700; AUTHORIZING AND DIRECTING THE CITY MANAGER
OR HIS DESIGNEE TO EXPEND FUNDS AS PROVIDED FOR IN SAID AGREEMENT AND
TO EXECUTE DOCUMENTS ON BEHALF OF THE CITY OF DENTON IN ORDER TO
IMPLEMENT THE PROJECT; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager of the City of Denton or his designee is hereby
authorized to execute on behalf of the City of Denton an Airport Project Participation Agreement
(APPA) with the Texas Department of Transportation Aviation Division (TxDOT Aviation) relating
to certain improvements at the Denton Municipal Airport as identified in the APPA, a copy of such
contract being attached hereto and made a part hereof for all purposes and referenced as TxDOT
CSJ No. 1218DNTON
SECTION 2. The City Manager or his designee is th
who is directed to comply with any assurances, conditions or agreements required to be executed
to receive the funds provided under the Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _________ day of _______________, 2012.
_____________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:__________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
AGENDA INFORMATION SHEET
AGENDA DATE:
June 5, 2012
DEPARTMENT:
Airport
ACM:
Jon Fortune
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance authorizing and directing the City Manager or his designee to
execute on behalf of the City of Denton an assignment of a leasehold interest in an Airport Lease
Agreement at Denton Airport from Windle & Windle Investments, Inc., to RWDW Aviation,
Inc. for property located at 4633 Spartan Drive at Denton Airport; and, providing an effective
date. (Recommended by the Council Airport Committee 3-0)
BACKGROUND
Don Windle, President of Windle & Windle Investments Inc. has requested that the City of Denton
transfer the property lease at 4633 Spartan Drive, Denton Airport to RWDW Aviation, Inc., Rick
Woolfolk, Managing Partner. Mr. Woolfolk is the current tenant at this address and the hangar
serves as regional headquarters for the Civil Air Patrol.
The original property lease for this location was effective January 20, 1998. The remaining term on
the property lease is fifteen (15) years and eight (8) months (expires January 31, 2028), with two (2)
options to renew for ten (10) year periods each.
RECOMMENDATIONS
The ordinance and lease transfer agreement have been reviewed by the Legal Department and
approved as to form. Staff recommends approval of the requested property lease transfer from
Windle & Windle Investments, Inc. to RWDW Aviation, Inc.
Respectfully submitted:
Quentin Hix
Director of Aviation
ORDINANCE NO. __________
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN ASSIGNMENT
OF A LEASEHOLD INTEREST IN AN AIRPORT LEASE AGREEMENT AT DENTON
AIRPORT FROM WINDLE & WINDLE INVESTEMNTS, INC., TO RWDW AVIATION,
INC. FOR PROPERTY LOCATED AT 4633 SPARTAN DRIVE AT DENTON AIRPORT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Windle & Windle Investments, Inc has requested that the Airport Lease
Agreement for 4633 Spartan Drive dated January 20, 1998 be assigned to RWDW Aviation, Inc.;
and
WHEREAS, the City of Denton Council Airport Committee has approved the Lease
Assignment; and
WHEREAS, the City Council deems it in the public interest to approve this Assignment;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee is hereby authorized to execute an
assignment of a leasehold interest in an Airport Lease Agreement at the Denton Airport from
Windle & Windle Investments, Inc. to RWDW Aviation, Inc. in substantially the form of the
consent to the Assignment.
SECTION 2. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _______ day of _______________________, 2012.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
AGENDA INFORMATION SHEET
AGENDA DATE:
June 5, 2012
DEPARTMENT:
Finance Department
ACM:
Jon Fortune
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, approving the 2013 Budget of
the Denton Central Appraisal District, and providing an effective date.
BACKGROUND
The Texas Property Tax Code requires taxing jurisdictions to approve or disapprove their
Appraisal District budget within 30 days after its adoption by the A
approved the budget on May 24, 2012.
The Appraisal District 2013 Budget is approximately $70,611.10 more than 2012.
preliminary allocation is $366,421.58 for FY 2012-13. This is $4,469.17
allocation of $370,890.75.
FISCAL INFORMATION
13 Budget will be included in the 2012-13
Proposed General Fund Budget. Estimated allocation is $366,421.58.
EXHIBITS
1.2013 Denton Central Appraisal District Budget with memo
2.Ordinance
Respectfully submitted,
Bryan Langley
CFO and Director of Strategic Services.
AGENDA INFORMATION SHEET
AGENDA DATE:
June 5, 2012 Questions concerning this
Acquisition may be directed
DEPARTMENT:
Materials Management to Terry Kader at 349-8729
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his
designee to execute a contract through the Buy Board Cooperative Purchasing Network for the
acquisition of a McCloskey 733 Screener, for the City of Denton Beneficial Reuse Department;
and providing an effective date (File 4940-Purchase of McCloskey 733 Screener awarded to
McCourt & Sons Equipment, Inc. in the amount of $464,460). The Public Utilities Board
recommends approval (5-0).
FILE INFORMATION
The City of Denton currently uses two trommel screens to
remove nails and metal materials from natural wood mulch that is sold to the community as
Dyno Dirt and Dyno Mulch products. This purchase is for a McCLoskey 733 Screener to be used
as a replacement for a 1998 Trommel Powerscreen 620. The Trommel Powerscreen 620 will be
traded in for a value of $25,000 which will be applied to the purchase price of the new
McCloskey 733. The price quote is attached as Exhibit 1. The requested McCloskey 733 power
screener will have a dual power set-up which allows the unit to operate on diesel power or
electric power. It will also come with a V-10,000 vacuum system which will help to keep the
material clean of plastics. In addition, there is a one year warranty for parts.
The purchase of the replacement screener will allow the City to facilitate the increased
production of compost for the next 10 years. The second screener, a 2005 McCloskey 628, will
be used for producing decorative colored mulch and also serve as a backup for screening
products.
, use of the screeners, and Fleet Services
recommendation for the purchase of this unit, are included in the attached Public Utilities Board
Agenda Information Sheet with Exhibits (Exhibit 2).
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On May 21, 2012, the Public Utilities Board recommended approval to forward this item to the
City Council for consideration. City Council approved the replacement of this equipment as part
of the Fiscal Year 2010-2011 Budget but the purchase was postponed until this budget year.
Agenda Information Sheet
June 5, 2012
Page 2
RECOMMENDATION
Staff recommends the approval of the purchase in the amount of $464,460 to McCourt & Sons
Equipment, Inc.
PRINCIPAL PLACE OF BUSINESS
McCourt & Sons Equipment, Inc.
La Grange, TX
ESTIMATED SCHEDULE OF PROJECT
The purchase and delivery of the equipment will occur within 180 days of purchase order
issuance.
FISCAL INFORMATION
This equipment will be funded from Certificate of Obligation Bond account
645203543.1355.30100. Requisition #108190 has been entered in the Purchasing software
system.
EXHIBITS
Exhibit 1: Buy Board Quote/McCourt & Sons Equipment, Inc.
Exhibit 2: Public Utilities Board Agenda Information Sheet with Exhibits
Exhibit 3: Public Utilities Board Draft Minutes
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-File 4940
Exhibit 1
McCourt & Sons Equipment, Inc. Office 979-242-5298
P. O. Box 247 / 5141W Hwy 71 Fax 979-242-5292
La Grange, Texas 78945Toll Free 888-838-9252
www.portablescreen.com
May 9, 2012
City of Denton
215 E. McKinney
Denton, Texas 76201
Dear Sir,
McCourt & Sons Equipment, Inc. will provide the following equipmPlease note the
prices listed can be found under Proposal 345-10 on Buyboard and are reflecte
Equipment Purchase Price
McCloskey 733 with reversible fan $412,860.00
V-10,000 System, close coupled unit. $40,000.00
Dual Power Compatible $24,600.00
3/8 inch screen cloth
Freight not included in purchase price.
Options:
Trade in 1998 Powerscreen 620 Trommel, SN: 9102972 $25,000.00
with 24x40 Powerscreen Conveyor, SN: 4026-0154.
Freight $12,000.00
McCourt & Sons Equipment appreciates the opportunity to supply y
service in the industry today. Our goal is to reduce your oper
continually provide the highest quality of service, equipment anect an
accomplishment of your highest expectations.
We look forward to working with you on this and any future proje
please do not hesitate to call.
Sincerely,
Connor McCourt
McCourt & Sons Equipment Inc.
972-877-0481
We supply the BEST and service the rest.
Exhibit 2
PUBLIC UTILITIES BOARD AGENDA ITEM #3
AGENDA INFORMATION SHEET
AGENDA DATE:
May 21, 2012
DEPARTMENT:
Beneficial Reuse
ACM:
Howard Martin, Utilities 349-8232
________________________________________________________________
SUBJECT
Receive an update on the composting program and consider a recommendation of an adoption of
an Ordinance of the City of Denton authorizing the City manager or his designee to execute a
purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of an
McCloskey 733 Screener, for the City of Denton Beneficial Reuse Department; and providing an
effective date (File 4940 Interlocal Agreement for the purchase of equipment, awarded to
McCourt & Sons in the amount of $464,460).
BACKGROUND
In 1991 the Water Reclamation Division began the composting program. This program involves
the utilization of two troublesome waste streams, wood waste and wastewater biosolids, to
produce a marketable product. The first three years of the proj
development of a product that would be appealing to our local market. The division created the
product Dyno Dirt and began distributing the product to other city departments as well as to the
general public. This allowed us to determine issues and concerns about the product prior to
actively marketing the Dyno products. Through this process we were able to develop products
which the community enjoys using and that help support the recycling of these materials.
(Exhibit 1 Dyno Dirt Presentation)
In March 1997 the division began marketing the product to the community. Compost and wood
chips were sold to the community as Dyno Dirt and Dyno Chips. Dyno Dirt sold for
$20.00/cubic yard and Dyno Chips sold for $10.00/cubic yard. During the first year the division
sold $19,000 worth of Dyno products. We determined that there were additional products that
we could produce and that our customers were interested in purchasing. Currently we market
nine Dyno products; sales for 7 months of FY 12 are at $241,000. (Exhibit 2 Sales Graph)
We currently operate two trommel screens. A Power Screen which we purchased for $120,000
in 1998 and a McCloskey 628 Trommel Screen purchased in 2005 for $242,000. The trommel
power screen is 14 years old and we have spent approximately $162,000 to date on maintenance
of the screener. Continued operation of this screener at this capacity will drive maintenance
costs even higher. The Power screen is used in the capacity of coloring mulch material and
screening the natural wood mulch to remove nails and metal material. We would like to rep
the Power Screen used for coloring mulch with the McCloskey 628 Trommel Screen that we
AIS PUB Agenda Item #3
May 21, 2012
Page 2 of 2
currently own. The new McCloskey 733 will replace the McCloskey 628 as the front line
screening unit.
The purchase of the replacement screener will allow us to keep up with the increased production
of compost for the next 10 years. Retaining the existing tromme
continue producing our decorative colored mulch and also serve as a backup for screening
products.
The requested McCloskey 733 power screener will have a dual power set-up which allows the
unit to operate on diesel power or electric power. It will also come with a V-10,000 vacuum
system which will help to keep the material clean of plastics. (Exhibit 3)
OPTIONS
Approve the purchase of a "McCloskey 733 RE Portable Screen" from McCourt & Sons
Equipment, Inc. through an agreement with the Buy Board Cooperative Purchasing Network in
the amount of $464,460.
RECOMMENDATION
Award to McCourt & Sons Equipment, Inc. in the amount of $464,460
FISCAL INFORMATION
This capital project will be funded using 5 year Certificates of Obligation.
EQUIP ID# EQUIPMENT AMOUNT JOB# OR#
BS 1141 TROMMEL SCREENER $ 464,460 645203543 108190
DATE SCHEDULED FOR COUNCIL APPROVAL
June 5, 2012
EXHIBITS
1.Dyno Dirt Presentation
2.Sales Graph
3.McCourt & Sons Quote, Sole Source Letter, Justification Letter, McCloskey 733 Bid
Specifications, McCloskey V-1000 Vacuum System Specifications
Respectfully submitted,
Jim Coulter
Director of Water Utilities
Prepared by
Gayla Wright
Beneficial Reuse Manager
Exhibit 3
McCourt & Sons Equipment, Inc. Office 979-242-5298
P. O. Box 247 / 5141W Hwy 71 Fax 979-242-5292
La Grange, Texas 78945Toll Free 888-838-9252
www.portablescreen.com
May 9, 2012
City of Denton
215 E. McKinney
Denton, Texas 76201
Dear Sir,
McCourt & Sons Equipment, Inc. will provide the following equipmPlease note the
prices listed can be found under Proposal 345-10 on Buyboard and are reflecte
Equipment Purchase Price
McCloskey 733 with reversible fan $412,860.00
V-10,000 System, close coupled unit. $40,000.00
Dual Power Compatible $24,600.00
3/8 inch screen cloth
Freight not included in purchase price.
Options:
Trade in 1998 Powerscreen 620 Trommel, SN: 9102972 $25,000.00
with 24x40 Powerscreen Conveyor, SN: 4026-0154.
Freight $12,000.00
McCourt & Sons Equipment appreciates the opportunity to supply y
service in the industry today. Our goal is to reduce your oper
continually provide the highest quality of service, equipment anect an
accomplishment of your highest expectations.
We look forward to working with you on this and any future proje
please do not hesitate to call.
Sincerely,
Connor McCourt
McCourt & Sons Equipment Inc.
972-877-0481
We supply the BEST and service the rest.
Peterborough
th
March 29
To Whom It May Concern.
This is to confirm that McCourt & Sons Equipment Inc., La Grange, Texas is currently the sole
source equipment supplier of McCloskey International products for The City of Denton, TX.
McCloskey International is currently the only manufacturer buildPortable
Trommel Screen offering options of dual power, a V10,000 plastic removal vacuum system and
a patented 180 degree radial stockpiling conveyor.
We have worked with them for over 10 years and are very pleased with their performance an
ability to look after their customers.
If you have any questions please feel free to call me at 1 630 9
Yours Faithfully
John ONeill
VP Sales McCloskey International
McCloskey International Limited
1 McCloskey Road, R.R. #7, Peterborough, ON, Canada, K9J 6X8
Toll: (877) 876-6635 Tel: (705) 295-4925 Fax: (705) 295-4777
FleetServicesrecommendsthepurchaseoftheMcCloskeymodel733REdual
powerfromMcCourtand{xfromaBuyBoardBidSpecification.McCloskeyis
theonlyNorthAmericanmanufacturerofthistypeofmachine.Thisunitisbuiltin
CanadaandshippeddirectlytoTexas.McCourtand{xisthelocaldealerand
provideallwarrantyviafieldservicetechniciansaswellasprovidingpartsfroma
warehouselocatedinLaGrange,Texas.McCloskeyInternationalisregardedthe
industryleaderandtheonlyvendorthat¦;-z zé;inthistypeofcompost
handlingmachineryandhasprovidedtheCityofDentonwithsimilarequipment
inthepast.McCloskeyhasmadesignificantenhancementstotheconveyorand
drumdrives.Thenewversionof733incorporatesachaindrivendrumanddirect
drivehydraulicconveyorsystemwhichisdesignedforheavyapplications
associatedwiththecompostingoperationsofBeneficialReuseandaddsahigher
degreeofreliabilitywhenhandlingwetmaterial.McCourtand{xhavebeen
veryresponsivetotheservicerequirementsoftheBeneficialReuseoperationand
weareverypleasedwiththeirservicerecordtodate.Thelistofavailableoptions
includesavacuumsystem,chaindrivendrum,anddualpowercapabilitywhich
meetstherequirementsfortheCityofDenton.
Exhibit 3
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3 May 21, 2012
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
7 Monday, May 21, 2012 at 9:00 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Chairman Dick Smith, Billy Cheek, Phil Gallivan, Leonard Herring
11 (arrived at 10:35), Barbara Russell, and Randy Robinson
12
13 Absent Excused: John Baines
14
15 Ex Officio Members: George Campbell, City Manager; Howard Martin, ACM Utilities
16
ITEMS FOR INDIVIDUAL CONSIDERATION:
17
18
19 3)Receive an update on the composting program and consider a recommendation of an
20 adoption of an Ordinance of the City of Denton authorizing the City manager or his
21 designee to execute a purchase order through the Buy Board Cooperative Purchasing
22 Network for the acquisition of an McCloskey 733 Screener, for the City of Denton
23 Beneficial Reuse Department; and providing an effective date (File 4940 Interlocal
24 Agreement for the purchase of equipment, awarded to McCourt & Sons in the amount of
25 $464,460).
26
27 Jim Coulter, Director of Water Utilities made the presentation regarding the composing
28 operation. Coulter stated that the biosolids are pumped from the wastewater treatment plant into
29 a holding vessel. They are picked up with a front end loader and a windrow of woodchips is
30 built with a valley and the biosolids are placed in that valley. A SCARAB is used to go through
31 and mix the biosolids and the ground up woodwaste. The windrows are stockpiled for curing a
32 minimum of 15 days and have to achieve a temperature of 131 degrees Fahrenheit or higher.
33 The rows are also turned five times to help reduce any pathogens. Once that is complete the
34 compost is moved and allowed to cure between three to six months depending on weather
35 conditions. All compost is tested and certified through the STA (Seal of Testing Assurance)
36 program through the USCC (United Composting Council).
37
38 Coulter then showed a picture of the old power screen that staff is hoping to replace. It is 14
39 years old and will be in service 15 years before the new piece of equipment arrives if approved.
40 The current equipment will be sold back to the manufacturer for approximately $25,000-
41 $30,000.
42
43 Coulter showed pictures of the dyno bins that are used to store the products that are sold. Each
44 product bin is capable of holding 100-200 yards of a product at one time. There are currently
45 nine products that are sold on a daily basis. Sales for the last seven months in FY 2011-2012 are
46 $241,000. A graph was then showed of the beneficial reuse compost sales history from 1996.
47 There was $19,302 sold the first year with increases over the years. In the next few years staff
Draft Minutes of the Public Utilities Board Meeting
May 21, 2012
Page 2 of 2
1 believes this product will sell approximately $600,000-$700,000 per year. The drought in 2006
2 slowed sales and the economy over the past three to four years has had an impact on sales.
3
4 Citizens can bring in clean brush at a rate of $20 per ton. Solid Waste picks up brush from City
5 of Denton residents curbside, once per week. Citizens may also bring in lumber at a rate of $20
6 per ton. Only clean material no treated, or painted lumber is allowed.
7
8 Coulter stated that 64,000 yards of woodwaste is diverted annually. In the past 15 years 900,000
9 yards of woodwaste was diverted. That amount is equal to a stack of woodwaste 100 yards wide
10 x 100 yards length x 90 yards tall. A landfill cell volume equals 1 to 2 million cubic yards.
11 Approximately 80,000 cubic yards of unscreened material is processed annually. There were
12 55,000 cubic yards of marketable products produced in FY 2010-2011.
13
14 Coulter then talked about the composting costs for FY2010-2011. The total cost was $944,637
15 to operate the program. The City received revenue of $631,526. If staff was not composting the
16 biosolids at the wastewater treatment plant we would either have to be land applying or could
17 take them to the landfill. If we were taking the materials to the landfill the estimated cost would
18 be $435,896. The cost savings are $553,880 worth of landfill air space for brush, and $183,950
19 for biosolids. The ten year total airspace savings for brush and biosolids would be $5,971,278.
20
21 Gallivan asked about bagging the
22 effective.
23
24 Smith stated that this item is also to approve the screener and asked what the projected life of the
25 screener is. Coulter answered that staff anticipates 10-15 years.
26
Board Member Cheek made the motion to approve Item 3, second by Board Member
27
Russell. Vote 5-0
28
29
30 Adjournment 11:45am
31
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A CONTRACT THROUGH THE BUY BOARD
COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF A MCCLOSKEY
733 SCREENER, FOR THE CITY OF DENTON BENEFICIAL REUSE DEPARTMENT;
AND PROVIDING AN EFFECTIVE DATE (FILE 4940-PURCHASE OF MCCLOSKEY 733
SCREENER AWARDED TO MCCOURT & SONS EQUIPMENT, INC. IN THE AMOUNT
OF $464,460).
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network 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 of the 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 Buy Board Cooperative Purchasing Network 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 1.
office of the Purchasing Agent, are hereby accepted and approved as being the lowest
responsible bids for such items:
FILE
NUMBER VENDOR AMOUNT
4940 McCourt & Sons Equipment, Inc. $464,460
SECTION 2. By the acceptance and approval of the items set forth in the referenced file
number, the City accepts the offer of the persons submitting the bids to the Buy Board
Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment,
supplies, or services in accordance with the terms, conditions, specifications, standards,
quantities and for the specified sums contained in the bid documents and related documents filed
with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the
City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the referenced file number wish to enter into a formal written agreement as a result of the
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 Proposal submitted to the Buy Board
Cooperative Purchasing Network, and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 4940 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the items set forth in the referenced file
number, the City Council hereby authorizes the expenditure of funds therefor in the amount and
in accordance with the approval purchase orders or pursuant to a written contract made pursuant
thereto as authorized herein
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this ________ day of ______________, 2012.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
5-ORD-File 4940
AGENDA INFORMATION SHEET
AGENDA DATE:
June 5, 2012Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Frank Payne at 349-8946
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance authorizing the City Manager or his designee to execute a
Professional Services Agreement (PSA) with Graham Associates, Inc. for Engineering Services
relating to the Dry Fork Hickory Creek Tributary I Interceptor Project; and providing for an
effective date (File 4963awarded to Graham and Associates, Inc. in the amount of $220,525).
The Public Utilities Board recommends approval (5-0).
PSA INFORMATION
The proposed engineering fee of $220,525 for the Professional Services for the Dry Fork
Hickory Creek Tributary I Interceptor Project includes the following: detailed design services,
survey, preparation of easement documents, geotechnical investigations, bid phase assistance and
limited construction services support. A detailed description of the project is included in the
attached Public Utilities Board agenda information sheet (Exhibit 1).
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On May 21, 2012, the Public Utilities Board recommended approval to forward this item to the
City Council for consideration.
RECOMMENDATION
Approve a Professional Services Agreement with Graham and Associates, Inc. for Engineering
Services relating to the Dry Fork Hickory Creek Tributary I Interceptor Project in the amount of
$220,525. The total contract amount represents approximately 11.7% of the projected
construction cost. Staff referenced three sources for comparison of fees based on a percentage of
construction. The American Society of Civil Engineers (ASCE) Manual No. 45 and Consulting
Engineers Council of Texas (CEC-T) curves of median compensation list a design fee projected
at approximately 7% to 7.5% for Basic Services. From ASCE Manual No. 45, the total design
fee is projected at approximately 13% of the preliminary opinion of probable construction cost.
From PSMJ Resources, Inc. 2011, the design fee (basic services) is projected at approximately
9% of the preliminary opinion of probable construction cost. Engineering staff has determined
that the amount of the contract is consistent with the level of effort required for a project of this
nature.
Agenda Information Sheet
June 5, 2012
Page 2
PRINCIPAL PLACE OF BUSINESS
Graham and Associates, Inc.
Arlington, TX
ESTIMATED SCHEDULE OF PROJECT
The project will commence immediately upon approval, and construction will be carried out in
concert with the Bonnie Brae Street improvements over the next three to four years.
FISCAL INFORMATION
These services will be funded from Capital Improvements Program account numbers
640219542.1360.21100 in the amount of $136,539.41 and 640219539.1360.21100 in the amount
of $83,985.59. Requisition #108313 has been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Public Utilities Board Agenda Information Sheet without Exhibits
Exhibit 2: Project Location Map
Exhibit 3: Public Utilities Board Draft Minutes
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-File 4963
Exhibit 1
PUBLIC UTILITIES BOARD AGENDA ITEM #1
AGENDA INFORMATION SHEET
AGENDA DATE:
May 21, 2012
DEPARTMENT:
Utility Administration
ACM:
Howard Martin, Utilities 349-8232
______________________________________________________________________________
SUBJECT
Consider approval of a Professional Services Agreement for Architect or Engineer between the
City of Denton and Graham Associates, Inc. in the amount of $220,525.00 for Engineering
Services associated with the Dry Fork Hickory Creek Tributary 1 Interceptor project.
BACKGROUND
The design of the Bonnie Brae Street Widening and Improvements project is progressing, and
land acquisitions for the project are underway. One component of the project is the analysis of
needed utility relocations or the possibility of concurrent utility improvements. For example, the
Phase 2 of the North-South Water Line project is being incorporated into the design and
construction of the roadway project since the alignment of the water line follows the new
roadway and so that the two projects can be coordinated.In the same regard, the affected
portions of the sewer collection system were analyzed for possible conflicts or necessary
upgrades.
The design team for the Bonnie Brae project ay sanitary sewer line
in the roadway was not in conflict with the layout of the new roadway components. However,
with the age and materials of the existing line (vitrified clay line constructed in the early 1960s)
and in consideration of potential upgrades to the sanitary system in the Hickory Creek drainage
basin through CIP in the future, the design team looked at routing possibilities for the
replacement line that would allow sections of the collection system to be upgraded now (refer to
Exhibit 1) in conjunction with the road construction without conflicting with the new road in the
future or requiring interceptor replacement of the existing line through the residential
ameter up to
The proposed engineering fee of $220,525.00 for the professional services on this project
includes amounts for detailed design services, survey, preparation of easement documents,
geotechnical investigations, bid phase assistance and limited construction services support. Fee
components calculated in support of this contract amount included $98,855.00 for basic services,
AIS PUB Agenda Item #1
May 21, 2012
Page 2 of 3
$111,670.00 for additional services (survey, geotechnical, easements, U.S.A.C.E. permitting)
and $10,000.00 for reimbursable expenses.
The consultant projects a preliminary opinion of probable construction cost for the project at
approximately $1.9 million dollars. The proposed basic services represent approximately 5.2% of
the projected construction cost. The total contract amount represents approximately 11.7% of
the projected construction cost. Staff referenced three sources for comparison of fees based on a
percentage of construction. The American Society of Civil Engineers (ASCE) Manual No. 45
and Consulting Engineers Council of Texas (CEC-T) curves of median compensation list a
design fee projected at approximately 7% to 7.5% for Basic Services. From ASCE Manual No.
45, the total design fee is projected at approximately 13% of the preliminary opinion of probable
construction cost. From PSMJ Resources, Inc. 2011, the design fee (basic services) is projected
at approximately 9% of the preliminary opinion of probable construction cost.
OPTIONS
1.Recommend approval of the Professional Services Agreement.
2.Recommend rejection of the Professional Services Agreement.
RECOMMENDATION
Staff recommends approval of the Professional Services Agreement between the City of Denton
and Graham Associates, Inc. in the amount of $220,525.00 for Engineering Services for the Dry
Fork Hickory Creek Tributary 1 Interceptor project. The amount of the contract is consistent
with the level of effort required for a project of this nature.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None
FISCAL INFORMATION
A total of $1,803,000.00 was included in FY 2013 of the Capital Improvement Program for the
construction of the Dry Fork Hickory Creek Tributary 1 Interceptor project. Refer to Exhibit 2
for the CIP detail sheet. The prop
budgetary amount, and advance funding of the project (reimbursement resolution) will be
required to advance design at this time. The updated amount for the construction costs exceeds
the listed budgetary amount, which will have to be supplemented before construction
commences.
BID INFORMATION
Not applicable.
DATE SCHEDULED FOR COUNCIL APPROVAL
June 5, 2012
AIS PUB Agenda Item #1
May 21, 2012
Page 3 of 3
EXHIBITS
1.
Location Map
2.
CIP Detail Sheet
3.
Professional Services Agreement
Respectfully submitted,
Frank G. Payne, P.E.
City Engineer
THIS PAGE INTENTIONALLY LEFT BLANK
Exhibit 2
Exhibit 3
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3 May 21, 2012
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
7 Monday, May 21, 2012 at 9:00 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Chairman Dick Smith, Billy Cheek, Phil Gallivan, Leonard Herring
11 (arrived at 10:35), Barbara Russell, and Randy Robinson
12
13 Absent Excused: John Baines
14
15 Ex Officio Members: George Campbell, City Manager; Howard Martin, ACM Utilities
16
CONSENT AGENDA:
17
18
19 Approval of the Consent Agenda authorizes the Assistant City Manager of Utilities, or his
20 designee, to implement each item in accordance with the staff recommendations. The Public
21
22 opportunity to raise questions regarding these items prior to consideration.
23
24 1)Consider a recommendation of an approval of a Professional Services Agreement for
25 Architect or Engineer between the City of Denton and Graham Associates, Inc. in the
26 amount of $220,525 for Engineering Services associated with the Dry Fork Hickory
27 Creek Tributary 1 Interceptor project.
28
Board Member Gallivan made the motion to approve Item 1, second by Board Member
29
Robinson. Vote 5-0
30
31
32
33 Adjournment 11:45am
34
ORDINANCE NO. 2012-_______
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH GRAHAM ASSOCIATES, INC.
FOR ENGINEERING SERVICES RELATING TO THE DRY FORK HICKORY CREEK
TRIBUTARY I INTERCEPTOR PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE
(FILE 4963AWARDED TO GRAHAM AND ASSOCIATES, INC. IN THE AMOUNT OF
$220,525).
WHEREAS, t
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed Agreement are fair and reasonable, and are
consistent with and not higher than the recommended practices and fees published by the
, and such fees do not exceed the
maximum provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to enter into a Professional Services
Agreement with Graham Associates, Inc., Arlington, Texas to provide professional engineering
services in the amount of $220,525, relating to the Dry Fork Hickory Creek I Interceptor Project; a
copy of which Agreement is attached hereto and incorporated by reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
Agreement.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton, Texas under File No. 4963 to the City Manager of the City of Denton, Texas, or his
designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2012.
THIS PAGE INTENTIONALLY LEFT BLANK
AGENDA INFORMATION SHEET
AGENDA DATE:
June 5, 2012Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Emerson Vorel at 349-7460
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance accepting competitive proposals and awarding a three year
contract for Tennis Instructor Services for the City of Denton Parks Department; providing for
the expenditure of funds therefor; and providing an effective date (RFP 4898-Tennis Instructor
for City of Denton awarded to Michael Christopher Brown and David Wayne Gray dba Gray
Events Management LLC in a three year not to exceed amount of $750,000).
RFP INFORMATION
Under this agreement, the contractor provides administration of tennis camps, classes, leagues,
mixers, tournaments, private lessons, special events and other tennis programs. On March 13,
2012, the City of Denton issued RFP 4898 for Tennis Instructor Services. Ten notices were sent
to potential vendors One response
was received from Gray Events Management LLC. Gray Events Management LLC has been the
this service since June 2009. During this time period, revenues for the
tennis program have steadily increased each year as evidenced by the revenue history shown
below:
Fiscal Year 2008-$60,956
Fiscal Year 2009-$83,908
Fiscal Year 2010-$117,278
Fiscal Year 2011-$126,923
Staff has been very satisfied with the contractual performance of Gray Events Management LLC.
Based on the positive working relationship and increased enrollment and revenues over the past
three year history, staff recommends awarding RFP 4898 to Gray Events Management, LLC.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On June 2, 2009, RFP 4262-Contract for Tennis Instruction for the City of Denton Parks and
Recreation Department was awarded to Gray Events Management, LLC in the amount of
$65,000. Per the contract terms, two renewal options were exercised, extending the contract
through June 15, 2012.
Agenda Information Sheet
June 5, 2012
Page 2
RECOMMENDATION
Approve a three year contract with Michael Christopher Brown and David Wayne Gray dba
Gray Events Management LLC in a three year amount not to exceed $750,000. The actual
amount to be paid will be calculated based on a percentage of the fees collected by the City of
Denton Parks Department for private lessons, classes, camps, tournaments, machine ball rentals
and special events as stipulated in the attached contract agreement (Exhibit 1).
PRINCIPAL PLACE OF BUSINESS
Michael Christopher Brown and David Wayne Gray dba Gray Events Management LLC
Frisco, TX
ESTIMATED SCHEDULE OF PROJECT
The term of this contract is for June 16, 2012 through September 30, 2015.
FISCAL INFORMATION
The services will be funded from operating account 411200.7868.
EXHIBITS
Exhibit 1: Contract Agreement
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Assistant Director of Finance
1-AIS-RFP 4 898
ORDINANCE NO. _________
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A THREE
YEAR CONTRACT FOR TENNIS INSTRUCTOR SERVICES FOR THE CITY OF DENTON
PARKS DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE (RFP 4898-TENNIS INSTRUCTOR FOR CITY OF
DENTON AWARDED TO MICHAEL CHRISTOPHER BROWN AND DAVID WAYNE GRAY
DBA GRAY EVENTS MANAGEMENT LLC IN A THREE YEAR NOT TO EXCEED AMOUNT
OF $750,000).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the purchase of Tennis Instructor Services in accordance with the procedures of State law and City
ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER CONTRACTOR AMOUNT
4898 Michael Christopher Brown and David Wayne Gray $750,000
dba Gray Events Management, LLC
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
proposals, the City accepts the offer of the persons submitting the proposals for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. Should the City and person submitting approved and accepted items and of the
submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under RFP 4898 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2012.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:____________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
3-ORD-4898
AGENDA INFORMATION SHEET
AGENDA DATE:
June 5, 2012
DEPARTMENT:
Parks and Recreation
ACM:
Fred Greene
_____________________________________________________________________________
SUBJECT
Consider a request for an exception to the Noise Ordinance for the purpose of performing live jazz
music at the Sweet Y Café, located at 511 Robertson Street, on Friday, Saturday, and Sunday, June
15 through June 17, 2012. Music will begin at 6:00 p.m. and conclude at 11:30 p.m. on Friday and
Saturday, and begin at 6:00 p.m. and run until 11:30 p.m. on Sunday. This request is for an
extension of hours from 10:00 p.m. to 11:30 p.m. for amplified sound and, also, for amplified
sound on Sunday. The amplified sound will remain at the allowable 65 decibels. Staff recommends
approval of the request for extending the hours of operation for amplified sound to 11:30 p.m.
BACKGROUND
For the past three years, City Council has approved Raymond Redmono have live jazz
music played outdoors at their restaurant, the Sweet Y Café. The event has been successful and
they are requesting to have another outdoor concert on June 15 through June 17, 2012. This is
the first year for the music to be played on They are expecting
approximately 50-100 people in attendance.
RECOMMENDATION
Staff recommends approving the noise exception request.
EXHIBITS
1.Letter of Request
Respectfully submitted:
Emerson Vorel, Director
Parks and Recreation Department
Prepared by:
Janie McLeod
Community Events Coordinator
AGENDA INFORMATION SHEET
AGENDA DATE:
June 5, 2012
DEPARTMENT:
Solid Waste
ACM:
Howard Martin, 349-8232
________________________________________________________________
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton, Texas authorizing
the filing of a project application with the North Central Texas Council of Governments for a
Regional Solid Waste Program Local Implementation Project, Recycling and litter reduction
equipment project in the amount of $66,015; delegating and authorizing George C. Campbell,
City Manager, or his designee, to act on behalf of the city in all other matters that are related to
this project application, pledging that if funding for this project is received, the City of Denton
will comply with all project requirements of the North Central Texas Council of Governments,
the Texas Commission on Environmental Quality, and the State of Texas; and providing for an
effective date.
BACKGROUND
Through grant funding from the State of Texas, the NCTCOG is the administrator of the funds
collected from statewide fee paid to the TCEQ on solid waste disposal. Project funds are
designated for joint and local solid waste projects during the state grant cycle from October 1,
2011 until August 2, 2013. Approximately $416,000 of reimbursable project funding is available
for implementation projects in the current FY 2012-13 planning cycle.
NCTCOG 2012-13 Grant Schedule:
Project Application Submittal Deadline to NCTCOG: June 22, 2012
Council Resolution Submittal Deadline to NCTCOG: June 22, 2012
Resource Conservation Council votes to approve list of grant projects: August 16, 2012
NCTCOG Executive Board approves RCC approved grant list: August 23, 2012
NCTCOG begin executing interlocal agreements for successful projects: October 1, 2012
Projects completed, final reports and paperwork to NCTCOG: August 2, 2013
Project Description:
Dentons requested grant will help fund recycling equipment and educational outreach to support
the City of Denton Downtown Implementation Project. The containers will increase recycling
and reduce litter in the City of Denton downtown Square District and the outdoor public spaces
located in the downtown target area, from the new light rail transit center to the historic Denton
County Courthouse. The equipment listed in the grant, 15 solar-powered compacting recycling
containers, will replace the rest of the existing trash containers that still remain after installation
of the solar-powered compacting containers from a 2011 NCTCOG grant; and add more units to
accommodate for growth in the Hickory Street corridor, A-train station area, and other growth
areas with pedestrian traffic downtown. The Solid Waste and Recycling Department and the
Parks and Recreation Department will provide additional funds through existing budgets for
containers for solar powered trash compactors, to make a unit set at each location.
Dentons efforts in this area will aid the NCTCOGs Regional Solid Waste Plan of promoting
waste minimization and recycling programs among commercial employers through education
programs. They additionally support the Councils recommended direction to provide increased
recycling infrastructure in City of Denton public spaces.
OPTIONS
The City Council may or may not recommend approval of the resolution officially authorizing
the filing of a project application with the NCTCOG for a Regional Solid Waste Management
Plan - FY 2012-2013 Solid Waste Implementation Project.
If approved, the resolution must be submitted to the NCTCOG by June 22, 2012 in order to be
considered for grant reimbursement funding.
RECOMMENDATION
Staff recommends approval of the resolution for funding through the NCTCOG Regional Solid
Waste Management Plan grant program in the sum of $66, 015.00
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Dentons staff attended the NCTCOGs Resource Conservation Council meeting in which the
FY 2012-2013 grant information was provided.
Denton was awarded a NCTCOG Regional Solid Waste Grant for FY 2011 in the amount of
$68,230.00 for solar-compacting trash containers with a non-compacting recycling side. At that
time, the compacting recycling containers were not available. Twelve unit sets were purchased
and placed in the Downtown Square and Fry Street areas.
FISCAL INFORMATION
Grant reimbursement funding is requested in the amount of $66,015.00 The grant requires
quarterly Council of Governments reporting and reimbursement of funds. The application
includes an expenditure of $60,015 from the City for the trash compactor side of the unit, as the
current call for applications does not allow for funding the trash containers, only the recycling
containers. The containers compact at a 4:1 ration, and have on on-board communications
system that notifies staff when full. This can reduce the need for collections and save significant
time and money for staff, an estimated reduction of collection from 3 days per week to one day
per week.
EXHIBITS
1.Grant Resolution.
2.Grant Task List with Timeline and Costs.
Respectfully submitted:
A. Vance Kemler
Director of Solid Waste
RESOLUTION NO. R2012-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE FILING OF A PROJECT APPLICATION WITH THE NORTH
CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR A REGIONAL SOLID WASTE
PROGRAM LOCAL IMPLEMENTATION PROJECT, RECYCLING AND LITTER
REDUCTION EQUIPMENT PROJECT IN THE AMOUNT OF $66,015; DELEGATING
AND AUTHORIZING GEORGE C. CAMPBELL, CITY MANAGER, OR HIS DESIGNEE,
TO ACT ON BEHALF OF THE CITY IN ALL OTHER MATTERS THAT ARE RELATED
TO THIS PROJECT APPLICATION, PLEDGING THAT IF FUNDING FOR THIS PROJECT
IS RECEIVED, THE CITY OF DENTON WILL COMPLY WITH ALL PROJECT
REQUIREMENTS OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS,
THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, AND THE STATE OF
TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the North Central Council of Governments ( NCTCOG ) has been directed
by the Texas Commission on Environmental Quality ( TCEQ ) to administer funds collected by
the TCEQ for the statewide solid waste disposal fee, for joint and local solid waste projects for
the implementation of the NCTCOG adopted goal Time to Recycle ;
WHEREAS, the City of Denton, Texas is qualified to apply for project funds under the
State FY 2013 Request for Applications ; and
WHEREAS, the grant is proposed to provide $66,015 in funding to the City for the
purchase and installation of recycling containers to be placed from the old historic Denton
County Courthouse Square to the new Denton light rail station; as well as for the purchase of
equipment and educational materials to support the Downtown Dent
in the public area of downtown Denton; this grant will ensure that recycling will occur at special
events, which has been a city-mandated requirement at special events and also at events that are
co-sponsored by the City, since July 1, 2008; and,
WHEREAS, the City Council of the City of Denton has expressed their support and
interest regarding the above-referenced solid waste project; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Council of the City of Denton, Texas hereby designates, delegates
and authorizes George C. Campbell, City Manager, of the City of Denton, Texas, to complete the
application and send in the application to request project funding under the North Central Texas
Council of Governments Request for Applications for the implementation of the Regional
Solid Waste Program Local Implementation Project Recycling Project; and the City Council
hereby empowers and authorizes George C. Campbell, City Manager, or his designee, to act on
the behalf of the city in all matters, other than the completion and sending in of the project
application, that are related to the project application, and any subsequent project contract(s) that
may result therefrom.
1
SECTION 2. Should the project be funded, then the City of Denton, Texas shall comply
with the requirements of the North Central Texas Council of Governments, the Texas
Commission on Environmental Quality, and the State of Texas.
SECTION 3. The project funds and any project-funded equipment and facilities will be
used solely for the purposes for which they are intended under the Project.
SECTION 4. The activities of the city shall comply with and support the adopted local
and regional solid waste management plans adopted for the geographical area in which the
activities are performed.
SECTION 5. This resolution shall become effective immediately upon its pas
approval.
PASSED AND APPROVED this the ____ day of _______________, 2012.
________________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: __________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: __________________________________
2
AGENDA INFORMATION SHEET
June 5, 2012
AGENDA DATE:
Utilities
DEPARTMENT:
Howard Martin, 349-8232
ACM:
________________________________________________________________
SUBJECT
Consider adoption of an ordinance finding that a public use and
simple to a 1.364 acre tract situated in the M.E.P. & P.R.R. Com
located in the City of Denton, Denton County, Texas, as more par
ÐAÑ, attached to the ordinance, located generally in the 1000 bl
ÐProperty InterestsÑ), for the public use of expanding and impro
street and roadway; authorizing the City Manager or his designee
Duncan and wife, Frances Duncan to purchase the Property Interes
Eighty Three Thousand Six Hundred Eighty Dollars and No Cents ($
consideration, as prescribed in the Purchase Agreement (the ÐAgr
and made a part hereof as Exhibit ÐBÑ; authorizing the expenditu
providing an effective date. (Mayhill Road Widening and Improve
BACKGROUND
In accord with the current Mayhill Road Widening and Improvement
Project), staff is undertaking the identification of the additio
accommodate the construction and operation of the improved roadw
Corporation has been engaged to provide real estate appraisal se
identified tracts that will be directly impacted by the project.
In respect to the affected property tract owned by J.G. Duncan a
Project requires the partial acquisition of a Fee Tract for stre
Pyles-Whatley Corporation has provided a real estate appraisal r
property tract and the land rights necessary for the Project. T
offer to purchase. There are no major improvements located with
tract, only fencing and driveway paving materials.
OPTIONS
1.Approve the proposed Ordinance.
2.Decline to approve the proposed Ordinance.
3.Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
No prior action or review regarding the identified fee tract aff
Duncan and wife, Frances Duncan.
FISCAL INFORMATION
The overall Mayhill Road Widening and Improvements project is be
combination of Regional Toll Revenue (RTR) funds, Denton County
Improvement Program (TRIP Ò08) funds and City of Denton local ma
00
offer price of $83,680. plus closing costs, as prescribed in the Agreement.
BID INFORMATION
Not applicable
EXHIBITS
1.Location Map Respectfully submitted,
2.Ordinance
Frank G. Payne, P.E.
Prepared by, City Engineer
Paul Williamson,
Real Estate Manager
EXHIBIT 2
AGENDA INFORMATION SHEET
AGENDA DATE:
June 5, 2012
DEPARTMENT:
Utilities
ACM:
Howard Martin, 349-8232
________________________________________________________________
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee
simple to a 0.019 acre tract situated in the M.E.P. & P.R.R. Company Survey, Abstract No. 927,
located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit
A , attached to the ordinance, located generally in the 1000 block of South Mayhill Road (the
Property Interests ), for the public use of expanding and improving Mayhill Road, a municipal
street and roadway; authorizing the City Manager or his designee to make an offer to Youvonne
Matzinger and the Estate of Philip Hardy Matzinger, deceased to
for the purchase price of Two Thousand Four Hundred Eighteen Dollars and No Cents
($2,418.00), and other consideration, as prescribed in the Purchase Agreement (the
Agreement ), as attached hereto and made a part hereof as Exhibit B ; authorizing the
expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and
Improvements project Parcel 102)
BACKGROUND
In accord with the current Mayhill Road Widening and Improvements project initiative (the
Project), staff is undertaking the identification of the additional land rights necessary to
accommodate the construction and operation of the improved roadway. Pyles-Whatley
Corporation has been engaged to provide real estate appraisal services in regard to those
identified tracts that will be directly impacted by the project.
In respect to the affected property tract owned by Youvonne Matzinger and the Estate of Philip
Hardy Matzinger, the Project requires the partial acquisition of a Fee Tract for street and
drainage purposes.
Pyles-Whatley Corporation has provided a real estate appraisal report in regard to the Matzinger
property tract and the land rights necessary for the Project. Their findings constitute the present
offer to purchase. There are no improvements located within the proposed acquisition tract.
OPTIONS
1.Approve the proposed Ordinance.
2.Decline to approve the proposed Ordinance.
3.Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
No prior action or review regarding the identified fee tract affecting property owned by
Youvonne Matzinger and the Estate of Philip Hardy Matzinger.
FISCAL INFORMATION
The overall Mayhill Road Widening and Improvements project is being funded with a
combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road
Improvement Program (TRIP 08) funds and City of Denton local match funds. The purchase
00
offer price of $2,418. plus closing costs, as prescribed in the Agreement.
BID INFORMATION
Not applicable
EXHIBITS
1.Location Map Respectfully submitted,
2.Ordinance
Frank G. Payne, P.E.
Prepared by, City Engineer
Paul Williamson,
Real Estate Manager
AGENDA INFORMATION SHEET
AGENDA DATE:
June 5, 2012
DEPARTMENT:
Utilities
ACM:
Howard Martin, 349-8232
________________________________________________________________
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee
simple to a 0.309 acre tract situated in the M.E.P. & P.R.R. Company Survey, Abstract No. 927,
located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit
A , attached to the ordinance, located generally in the 1100 block of South Mayhill Road (the
Property Interests ), for the public use of expanding and improving Mayhill Road, a municipal
street and roadway; authorizing the City Manager or his designee to make an offer to Walter
Ronnie Kingston and wife, Margaret Ann Kingston to purchase the Property Interests for the
purchase price of Eighty Five Thousand Dollars and No Cents ($85,000.00), and other
consideration, as prescribed in the Contract Of Sale (the Contract ), as attached hereto and
made a part hereof as Exhibit B ; authorizing the expenditure of funds therefor; authorizing
relocation expenditures; and providing an effective date. (Mayhill Road Widening and
Improvements project Parcel 103)
BACKGROUND
In accord with the current Mayhill Road Widening and Improvements project initiative (the
Project), staff is undertaking the identification of the additional land rights necessary to
accommodate the construction and operation of the improved roadway. Pyles-Whatley
Corporation has been engaged to provide real estate appraisal services in regard to those
identified tracts that will be directly impacted by the project.
In respect to the tract owned by Walter Ronnie Kingston and wife, Margaret Ann Kingston, the
Project requires the acquisition of the entirety of their tract for street and drainage purposes.
Pyles-Whatley Corporation has provided a real estate appraisal report in regard to the Kingstons
property tract. Their findings constitute the present offer to purchase. Situated within the Fee
Tract acquisition area is a tenant occupied residential structure. The Project requires removal of
the residential structure and consequently displacement of the occupant.
As per state statute changes precipitated by the passage of Senate Bill 18, the occupant of the
residence situated within the subject acquisition tract may be entitled to a Residential Relocation
Assistance benefit package, separate and apart from the land rights acquisition initiative. An
element to the change in state law requires condemning authorities to formally establish a
relocation assistance program in conformance with the Federal Un
and Real Property Acquisitions Policy Act of 1970, 42 U.C.S.A. 4601 et. seq., and regulations
promulgated pursuant thereto (49 CFR §§24.1-24.603), as each may be amended from time to
time (the Federal Act ). The Denton City Council, at the meeting of April 17, 2012, adopted
Ordinance 2012-073 to satisfy that requirement.
OPTIONS
1.Approve the proposed Ordinance.
2.Decline to approve the proposed Ordinance.
3.Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
No prior action or review regarding the identified fee tract affecting property owned by Walter
Ronnie Kingston and wife, Margaret Ann Kingston.
FISCAL INFORMATION
The overall Mayhill Road Widening and Improvements project is being funded with a
combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road
Improvement Program (TRIP 08) funds and City of Denton local match funds. The purchase
00
offer price of $85,000. plus closing costs, as prescribed in the Agreement, and any eligible
relocation assistance benefits are to be funded through a combination of these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1.Location Map Respectfully submitted,
2.Ordinance
Frank G. Payne, P.E.
Prepared by, City Engineer
Paul Williamson,
Real Estate Manager
AGENDA INFORMATION SHEET
AGENDA DATE:
June 5, 2012
DEPARTMENT:
Utilities
ACM:
Howard Martin, 349-8232
________________________________________________________________
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee
simple to a 0.74 acre tract; (ii) a utility and slope easement encumbering a 0.13 acre tract; (iii) a
slope easement encumbering a 0.01 acre tract; and (iv) a temporary construction, grading and
access easement encumbering a 0.01 acre tract, all tracts located in the A. Tompkins Survey,
Abstract Number 1246, City of Denton, Denton County, Texas, as more particularly described
on Exhibit A , attached to the ordinance, located generally in the 1800 block of South Bonnie
Brae Street (the Property Interests ), for the public use of expanding and improving Bonnie
Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to
make an offer to Eliza T. Shockley to purchase the Property Interests for the purchase price of
One Hundred Sixty One Thousand Nine Hundred Seven Dollars and No Cents ($161,907.00),
and other consideration, as prescribed in the Purchase Agreement (the Agreement ), as attached
hereto and made a part hereof as Exhibit B ; authorizing the expenditure of funds therefor; and
providing an effective date. (Bonnie Brae Widening and Improvements project Parcel 15)
BACKGROUND
In accord with the current Bonnie Brae Widening and Improvements project initiative, staff is
undertaking the identification of the additional land rights nec
construction and operation of the improved roadway. Integra Realty Resources has been
engaged to provide real estate appraisal services in regard to those identified tracts that will be
directly impacted by the project.
In respect to the tract owned by Eliza T. Shockley, the project requires the acquisition of several
discrete tracts. A Fee Tract for street purposes, and several other distinct easement types to
provide for drainage, utilities, and also to provide lateral support slope for the makeup of
roadway itself. In addition, a Temporary Construction, Grading and Access Easement is
required to provide work space for the road contractor to reconstruct the property owners
driveway that is affected by changes to roadway elevation and alignment.
Integra Realty Resources has provided a real estate appraisal report in regard to the Eliza T.
Shockley property tract and the land rights necessary for the Project. Their findings constitute
the present offer to purchase.
OPTIONS
1.Approve the proposed Ordinance.
2.Decline to approve the proposed Ordinance.
3.Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
No prior action or review regarding the identified fee tract affecting property owned by Eliza T.
Shockley.
FISCAL INFORMATION
The overall Bonnie Brae Widening and Improvements project is bei
combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road
Improvement Program (TRIP 08) funds and City of Denton local match funds. The purchase
00
offer price of $161,907. plus closing costs as prescribed in the Agreement are to be funded
through a combination of these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1.Location Map Respectfully submitted,
2.Ordinance
Frank G. Payne, P.E.
Prepared by, City Engineer
Paul Williamson,
Real Estate Manager
EXHIBIT 2 attachment to AIS
AGENDA INFORMATION SHEET
AGENDA DATE:
June 5, 2012
DEPARTMENT:
Utilities
ACM:
Howard Martin, 349-8232
________________________________________________________________
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee
simple to a 1.91 acre tract; (ii) a utility and slope easement encumbering 0.57 acres; and (iii) a
drainage easement encumbering 0.02 acres, all tracts located in the James Edmonson Survey,
Abstract Number 400, City of Denton, Denton County, Texas, as more particularly described on
Exhibit A , attached to the ordinance, located generally on Roselawn Drive, 600 feet east of
South Bonnie Brae Street (the Property Interests ), for the public use of expanding and
improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or
his designee to make an offer to the Chamberlain Trust to purchase the Property Interests for the
purchase price of Sixty Six Thousand Five Hundred and Nineteen Dollars and No Cents
($66,519.00), and other consideration, as prescribed in the Purchase Agreement (the
Agreement ), as attached hereto and made a part hereof as Exhibit B ; authorizing the
expenditure of funds therefor; and providing an effective date. (Bonnie Brae Widening and
Improvements project Parcel 34)
BACKGROUND
In accord with the current Bonnie Brae Widening and Improvements project initiative, staff is
undertaking the identification of the additional land rights nec
construction and operation of the improved roadway. Integra Realty Resources has been
engaged to provide real estate appraisal services in regard to those identified tracts that will be
directly impacted by the project.
In respect to the tract owned by The Chamberlain Trust, the project requires the acquisition of
several discrete tracts. A Fee Tract for street purposes, and several other distinct easement types
to provide for drainage, utilities, and also to provide lateral support slope for the makeup of
roadway itself.
Integra Realty Resources has provided a real estate appraisal report in regard to The Chamberlain
Trust property tract and the land rights necessary for the Proje
present offer to purchase.
OPTIONS
1.Approve the proposed Ordinance.
2.Decline to approve the proposed Ordinance.
3.Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
No prior action or review regarding the identified fee tract affecting property owned by The
Chamberlain Trust.
FISCAL INFORMATION
The overall Bonnie Brae Widening and Improvements project is bei
combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road
Improvement Program (TRIP 08) funds and City of Denton local match funds. The purchase
00
offer price of $66,519. plus closing costs as prescribed in the Agreement are to be funded
through a combination of these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1.Location Map Respectfully submitted,
2.Ordinance
Frank G. Payne, P.E.
Prepared by, City Engineer
Paul Williamson,
Real Estate Manager
EXHIBIT 2 attachment to AIS
AGENDA INFORMATION SHEET
AGENDA DATE:
June 5, 2012
DEPARTMENT:
Utilities
ACM:
Howard Martin, 349-8232
________________________________________________________________
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee
simple to a 0.11 acre tract; (ii) a slope easement encumbering 0.14 acres; (iii) a drainage
easement encumbering a 0.03 acre tract; and (iv) a temporary construction, grading and access
easement encumbering a 0.01 acre tract, all tracts located in the James Edmonson Survey,
Abstract Number 400, City of Denton, Denton County, Texas, as more particularly described on
Exhibit A , attached to the ordinance, generally located on Roselawn Drive, 800 feet east of
South Bonnie Brae Street (the Property Interests ), for the public use of expanding and
improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or
his designee to make an offer to the Longhorn Council Boy Scout Foundation, Inc., a Texas
corporation, to purchase the Property Interests for the purchase price of Five Thousand Nine
Hundred and Fifty Five Dollars and No Cents ($5,955.00), and other consideration, as prescribed
in the Purchase Agreement (the Agreement ), as attached hereto and made a part hereof as
Exhibit B ; authorizing the expenditure of funds therefor; and providing an effective date.
(Bonnie Brae Widening and Improvements project Parcel 36)
BACKGROUND
In accord with the current Bonnie Brae Widening and Improvements project initiative, staff is
undertaking the identification of the additional land rights nec
construction and operation of the improved roadway. Integra Realty Resources has been
engaged to provide real estate appraisal services in regard to those identified tracts that will be
directly impacted by the project.
In respect to the tract owned by Longhorn Council Boy Scout Foundation, Inc., the project
requires the acquisition of several discrete tracts. A Fee Tract for street purposes, and several
other distinct easement types to provide for drainage, and also to provide lateral support slope for
the makeup of roadway itself. In addition, a Temporary Construction, Grading and Access
Easement is required to provide work space for the road contractor to construct the property
owners relocated driveway, such driveway relocation being necessitated by new roadway
elevation and alignment considerations.
Integra Realty Resources has provided a real estate appraisal report in regard to Longhorn
Council Boy Scout Foundation, Inc. property tract and the land rights necessary for the Project.
Their findings constitute the present offer to purchase.
OPTIONS
1.Approve the proposed Ordinance.
2.Decline to approve the proposed Ordinance.
3.Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
No prior action or review regarding the identified fee tract affecting property owned by the
Longhorn Council Boy Scout Foundation, Inc.
FISCAL INFORMATION
The overall Bonnie Brae Widening and Improvements project is bei
combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road
Improvement Program (TRIP 08) funds and City of Denton local match funds. The purchase
00
offer price of $5,955. plus closing costs as prescribed in the Agreement are to be funded
through a combination of these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1.Location Map Respectfully submitted,
2.Ordinance
Frank G. Payne, P.E.
Prepared by, City Engineer
Paul Williamson,
Real Estate Manager
EXHIBIT 2 attachment to AIS
AGENDA INFORMATION SHEET
AGENDA DATE:
June 5, 2012
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider approval of a resolution by the City Council of the City of Denton relating to the
issuance of bonds by North Texas Higher Education Authority, Inc.; approving the issuance of
such bonds and the use of the proceeds of such bonds; recognizing that the City has no financial
obligation to pay any principal or interest on the bonds, making certain findings in connection
therewith; and providing an effective date.
BACKGROUND
The North Texas Higher Education Authority, Inc. (NTHEA) was established as a non-profit
corporation for the purpose of furthering educational opportunities of students by providing
funds for the acquisition of student loans. The Cities of Arlington and Denton exercise the
powers enumerated under Section 53B.47 of the Texas Education Code and the Cities appoint
the directors of the Authority. Under Section 53B.47, the Authority may issue revenue bonds or
borrow money to provide funds for the purchase of student loans guaranteed under provisions of
the Higher Education Act of 1965, as amended. The City of Denton is not financially obligated
in any way. The Authority assumes sole responsibility for the adminis
student loan program. The Authority issued its first revenue bonds for such purpose in 1979.
This agenda item authorizes the Authority to issue and deliver during 2012 student loan revenue
bonds, in one or more series, in an amount not to exceed $600,000,000. In addition, this agenda
item authorizes the Authority to carry forward private activity bond allocations from 2012 in an
amount not to exceed $600,000,000. The bonds are to be issued to refund outstanding interim
financing of the Authority used to purchase guaranteed student loans, to provide funds to
purchase additional guaranteed student loans, to set aside the amount the Authority determines is
necessary for payment of interest on the bonds and for operating costs and a debt service reserve,
and to pay the cost of issuing the bonds.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Since 1979, Council has approved resolutions to issue NTHEA student loan revenue bonds. The
last agenda item on an issuance was in September 2010 for approval to issue up to $680 million
in student loan bonds, and it closed on $255.25 million of such bonds in October and December
of 2010 and $210.2 million in February 2011 for a total of $465.45 million.
Agenda Information Sheet
June 5, 2012
Page 2
FISCAL INFORMATION
There is no fiscal impact to the City of Denton.
EXHIBITS
Memorandum from NTHEA
Resolution
Respectfully submitted:
Bryan Langley
CFO and Director of Strategic Services
EXHIBIT 1
North Texas Higher Education Authority, Inc.
Higher Education Servicing Corporation
1250 East Copeland Road Suite 200 Arlington, TX 76011 (817) 265-9158
M E M O R A N D U M
TO
: Mayor and Council
City of Denton
FROM
: North Texas Higher Education Authority, Inc.
DATE
: May 17, 2012
SUBJECTRequest for Approval of Issuance of Tax-Exempt Student Loan Revenue Bonds
:
As you know, the North Texas Higher Education Authority, Inc. (NTHEA) is required by
the Texas Education Code to obtain approval from its sponsoring cities for issuances of debt to
finance its student loan secondary market program activities. The Authority last came to you in
September 2010 for approval to issue up to $680 million in student loan bonds, and it closed on
$255.25 million of such bonds in October and December of 2010 and $210.2 million in February
2011 for a total of $465.45 million.
The Authority is now seeking City approval to issue up to $600million in bonds in one or
more series. These bonds will be used to refund approximately $475 million of student loan revenue
bonds which are currently secured by direct pay letters of credit provided by Lloyds Bank TSB and
Bank of America. The remaining $125 million will be used to provide funding for future private
loans to be made to Texas borrowers,provided the required federal approval can be obtained.
EXHIBIT 1
The attached summary will provide you with details of the Authority's historical financing
activities. Also, you may be interested to know that to date; NTHEA has acquired loans aggregating
approximately $3.2 billion, of which approximately $1.4 billion is currently outstanding.
As always, the City's support is gratefully acknowledged. NTHEA is proud to be in the
sponsorship of a council who believes strongly in its stated purpose of providing students access to
financial assistance for higher education.
Should you have any questions or require further information, please contact:
Kathryn Bryan, Executive Director and Assistant Secretary
North Texas Higher Education Authority, Inc.
1250 East Copeland Road, Suite 200
Arlington, TX 76011-4921
(817) 265-9158
Enclosure
2
City of Arlington memo
NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC
FINANCING ACTIVITIES
December 1979 - June 2012
Tax-Exempt Financings:
Current Oustanding
DateTypeAmountPurposeCredit Provider
Balance
1979Series A$10,000,000.00$0.00None
New Loan Purchases
1980Series B$6,000,000.00$0.00None
New Loan Purchases
1982Series A$11,845,000.00$0.00AMBAC
Refund Series A&B
1982Series B$25,000,000.00$0.00AMBAC
New Loan Purchases
1983Series A&B$50,000,000.00$0.00AMBAC
New Loan Purchases
1985Series A$23,100,000.00$0.00AMBAC
Refund 1982B
1987Series 1987$98,000,000.00$0.00Bank of America
Refinance Loans Held Under Line of
Credit
1990Series 1990$50,000,000.00$0.00Lloyds Bank
Refinance Loans Held Under Line of
Credit
1991Series 1991A-F$153,500,000.00$0.00AMBAC/ Lloyds Bank
Refinance West Texas Debt/New Loan
Purchase
1991Series 1991G$90,000,000.00$0.00Mitsubishi
Refinance West Texas Debt
1993Series 1993A-D$140,000,000.00$7,000,000.00DEPFA
Refinance 1991G Bonds/New Loan
Purchases
1996Series 1996A-D$43,000,000.00$0.00AMBAC/ Lloyds Bank
Refinance Portion of 1991 Bonds/New
Loan Purchases
1998Series 1998$40,815,000.00$34,200,000.00Bank of America
Refinance Portion of 1993 Bonds/New
Loan Purchases
2000Series 2000A$67,580,000.00$0.00Bank of America
Refinance Portion of 1991 & 1993 Bonds
and Line of Credit
2000Series 2000B$35,000,000.00$33,700,000.00Bank of America
New Loan Purchases
2001Series 2001A$39,545,000.00$26,440,000.00Lloyds Bank
Refinance Portion of 1993 Bonds/ New
Loan Purchases
2003Series 2003$73,400,000.00$1,000,000.00DEPFA
Refinance Portion of 1993 & 2000 Bonds
2004Series 2004$42,000,000.00$32,700,000.00Lloyds Bank
Refinance Portion of 1990 & 2001 Bonds
2005Series 2005A$103,600,000.00$0.00AMBAC/DEPFA
Purchase Loans from 1990, 1993 and
BOA LOC/New Loans
2005Series 2005C$98,800,000.00$96,100,000.00Bank of America
Refinance 1987, 2000A and Portion of
1998/ New Loan Purchases
2006Series 2006A$51,345,000.00$0.00AMBAC/Lloyds Bank
New Loan Purchases
2007Series 2007A$54,780,000.00$53,080,000.00Bank of America
New Loan Purchases
2008Series 2008A-B$196,100,000.00$0.00DEPFA
Refinance 2003A1, 2003B, 2005A and
Portion of 2005B
2010Series 2010-1AB$207,200,000.00$161,016,000.00FRN Notes
Refinance the BOA LOC/Frost Line of
Credit/New Loans
2010Series 2010-2$125,050,000.00$103,365,000.00FRN Notes
Refinance 2008A-B
2010Series 2010-E$130,200,000.00$106,200,000.00Lloyds Bank
Refinance 2006D
Total Tax Exempt Financings
$1,965,860,000.00$654,801,000.00
NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC
FINANCING ACTIVITIES
December 1979 - June 2012
Taxable Financings:
Current Outstanding
DateTypeAmountPurposeCredit Provider
Balance
1986Line of Credit$90,000,000.00$0.00Fuji Bank
New Loan Purchases and to Refinance
Loans Held Under Series 1983A and
1983B
1989Line of Credit$100,000,000.00$0.00Sallie Mae
New Loan Purchases
1990Line of Credit$50,000,000.00$0.00Bank One
Interim Financing of Loans for 1990
Bonds
1995Four-year Advance$25,000,000.00$0.00Sallie Mae
New Loan Purchases
1996Line of Credit$50,000,000.00$0.00Fuji Bank
New Loan Purchases
2000Line of Credit$100,000,000.00$0.00Bank of America
New Loan Purchases
2002Series 2002$155,000,000.00New Loan Purchases and to Refinance $155,000,000.00DEPFA Indenture
SLMA Line of Credit
2003Series 2003$30,000,000.00$30,000,000.00DEPFA Indenture
New Loan Purchases
2003-2Series 2003-2$150,000,000.00$150,000,000.00DEPFA Indenture
New Loan Purchases
2005Series 2005B$71,400,000.00$0.00AMBAC/DEPFA
New Loan Purchases
2005Series 2005D$101,200,000.00$51,800,000.00Bank of America Indenture
New Loan Purchases
2006Series 2006BC$148,655,000.00$0.00AMBAC/Lloyds Bank
New Loan Purchases
2006Series 2006D$200,000,000.00$0.00AMBAC/Lloyds Bank
New Loan Purchases
2007Series 2007B$95,300,000.00$43,300,000.00Bank of America Indenture
New Loan Purchases
2007Line of Credit$85,000,000.00$0.00Frost Bank
New Loan Purchase
2008Series 2008C$12,900,000.00$0.00DEPFA Indenture
Refinance Partial 2005B
2011Series 2011-1$210,200,000.00$185,296,000.00FRN Notes
Refinance 1991C,F, 1996A,C, 2006ABC,
partial 2006D
Taxable
$1,674,655,000.00$615,396,000.00
TOTAL FINANCINGS
$3,640,515,000.00$1,270,197,000.00
CITY OF DENTON CITY COUNCIL MINUTES
May 1, 2012
After determining that a quorum was present, the City Council convened into a Work Session on
Tuesday, May 1, 2012 at 5:00 p.m. in the Council Work Session Ro
PRESENT: Council Member Watts, Council Member Gregory, Council Member Engelbrecht,
Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden
ABSENT: Council Member King
1. Citizen Comments on Consent Agenda Items
Council Member King arrived at the meeting.
Jack Parkes spoke on Consent Agenda Item 4H and expressed concern about the Bonnie Brae
extension through his property.
2. Requests for clarification of agenda items listed on the agen
Council Member Watts stated that he had requested Item 5A, reconsideration of Ordinance No.
2012-088, due to a clarification he had received from the property owner. Several citizens spoke
against multi-family zoning for the property and the applicants representative, Larry Reichhart,
had indicated a willingness to remove multi-family from the permitted zoning categories.
Included in the motion to approve the zoning request was a condition to remove multi-family.
Since that time, he had received a call from the applicant who indicated that there was a
misunderstanding between he and his representative on what was wanted in the zoning request.
The applicant was agreeable to have a specific use permit for multi-family but was not in favor
of no multi-family at all. Council Member Watts indicated that he had reviewed the Council
meeting video to make sure what had happened at the meeting. He personally did not have
problem with the specific use permit protection and wanted to se
members felt. He was going to ask that Item 5B be tabled until such time as courtesy public
hearing notifications could go out for interested citizens.
Mayor Pro Tem Kamp questioned what would be the rules as far as hearing the case when
information had already been presented and a decision made.
City Attorney Burgess stated that the Section 2.29 of the Councils Rules of Procedures
addressed reconsideration of motions. It allowed reconsideration not later than the next
succeeding meeting of the Council and proposed by a member of the prevailing side. She felt it
was proper for the Council to reconsider the item. Council could not take action on anything that
was greater than what was posted. The public hearing was closed and not on the table. The only
reconsideration would be for the underlying ordinance.
Council Member Watts stated that Council could decide to not reconsider the item and keep the
ordinance as it passed at the prior meeting.
City Attorney Burgess stated that was correct. If Council did not approve the reconsideration in
5A then 5B would not be considered and the ordinance would stand as written.
City of Denton City Council Minutes
May 1, 2012
Page 2
Mayor Burroughs asked if there would be a vote taken on the reconsideration.
City Attorney Burgess stated correct with the second item being the underlying action item.
Council Member Roden asked if the item were approved for reconsideration, would re-
notification by the City be triggered as the public hearing was already closed.
City Attorney Burgess stated that State law required a published public hearing which was done.
However, nothing would prohibit the City from having a courtesy additional hearing or public
meeting but it would not be required by law.
Council Member Gregory expressed concern regarding the posting of the re-consideration for the
neighbors. The original zoning change sign was not adequate and was difficult to read. He
questioned if the neighbors were notified other than the agenda posting. He was uncomfortable
moving on if the neighbors had not been notified.
Council Member Watts suggested Council consider approving 5A to reconsider the item and
then postpone consideration of 5B with instructions to schedule a courtesy public hearing and
send out notices to neighbors.
City Attorney Burgess stated that if Item 5A passed, then there would be a live action item for
5B with all regular options normally available such as postponing, acting on the ordinance or
amending the ordinance as appropriate.
City Manager Campbell stated that if Item 5A passed and 5B were postponed to a date certain,
staff would notify residents and put a sign on the property for a full process.
Following the completion of the Work Session the Council convened in Closed Session at 5:30
p.m. to consider the following:
1. Closed Meeting:
A. Consultation with Attorneys - Under Texas Government Code, Section 551.071;
Deliberations regarding Real Property - Under Texas Government Code, Section
551.072.
1. Discuss, deliberate and receive information from staff and provide staff with
direction pertaining to the potential purchase of certain real property interests
located in the O.S. Brewster Survey, Abstract No. 56, the James Edmonson
Survey, Abstract 400, and the S. Pritchett Survey, Abstract 1004, Denton County,
Texas, and located generally in the 1800, 2200, 3100, and 3400 B
Bonnie Brae Street, City of Denton, Texas. Consultation with the City's attorneys
regarding legal issues associated with the potential acquisition of the real property
described above where a public discussion of these legal matters would conflict
with the duty of the City's attorneys to the City of Denton and the Denton City
Council under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas, or would jeopardize the City's legal position in any administrative
proceeding or potential litigation.
City of Denton City Council Minutes
May 1, 2012
Page 3
The Council convened in a Regular Meeting at 6:30 p.m. in the Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the Council recited the Pledge of Allegiance to the U. S. and Texas
flags.
2. PROCLAMATIONS/PRESENTATIONS
A Proclamations/Awards
1. National Day of Prayer
Mayor Burroughs presented the proclamation for the National Day of Prayer.
2. Motorcycle Safety and Awareness Month
Mayor Burroughs presented the proclamation for Motorcycle Safety and Awareness Month.
3. Drinking Water Week in Denton
Mayor Burroughs presented the proclamation for Drinking Water Week in Denton.
4. National Nurses Week
Mayor Burroughs presented the proclamation for National Nurses W
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Nell Yeldell regarding 518 E. Prairie Street and related issues.
Ms. Yeldell was not present at the meeting.
4. CONSENT AGENDA
Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to approve the Consent
Agenda and accompanying ordinances and resolutions. On roll call vote: Council Member King,
Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro
Tem Kamp, Mayor Burroughs, Council Member Roden aye . Motion carried unanimously.
Approved the Noise Exception listed below.
A.Consider a request for an exception to the noise ordinance for amplified sound on June
19 and each Sunday in the month of July for the purpose of the Apollo Nights events.
The events are scheduled for the following dates: Tuesday, June 19, noon - 11:00 p.m.,
and the following Sundays: July 1, 5:00 p.m. - 10:00 p.m., July 8, 5:00 p.m. - 10:00 p.m.,
City of Denton City Council Minutes
May 1, 2012
Page 4
July 15, 5:00 p.m. - 10:00 p.m., July 22, 5:00 p.m. - 10:00 p.m., and July 29, 2012, from
5:00 p.m. until 11:00 p.m. On July 31, 2012, the event will be from 5:00 p.m. until 11:00
p.m. The events will be held in Fred Moore Park. There is no request for an increase in
the level of decibels. Staff recommends approval of the request for amplified sound on
each of the dates requested.
Resolution R2012-011
B.Consider approval of a resolution by the City of Denton, Texas, authorizing the City
Manager to sign and submit to the Department of Housing and Urban Development a
2012 Action Plan for Housing and Community Development with appropriate
certifications, as authorized and required by the Housing and Community Development
Act of 1974, as amended, and the National Affordable Housing Act of 1990, as
amended; and providing for an effective date.
Ordinance No. 2012-089
C.Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal
Cooperative Purchasing Program Agreement with the City of Grapevine, Texas under
Section 271.102 of the Local Government Code, to authorize participation in various
City of Grapevine contracts for the purchase of various goods and services; authorizing
the expenditure of funds therefor; and declaring an effective date (File 4949-Interlocal
Agreement with City of Grapevine).
Ordinance No. 2012-090
D.Consider adoption of an ordinance authorizing the City Manager to execute Change
Order Number Six to the contract between the City of Denton and Landmark Structures
I, L.P.; providing for the expenditure of funds therefor; and providing an effective date
(Bid 4207-Roselawn Elevated Storage Tank Change Order Number Six in the amount of
$60,000 for a total contract award of $5,136,302). The Public Utilities Board
recommends approval (6-0).
Ordinance No. 2012-091
E.Consider adoption of an ordinance accepting competitive bids and awarding a two year
contract for Calcium Hypochlorite Feeders and Products for the City of Denton Parks
Department; providing for the expenditure of funds therefor; and providing an effective
date (Bid 4915-Two Year Contract for Calcium Hypochlorite Feeders and Products
awarded to the lowest responsible bidder meeting specification, Sunbelt Pools, Inc. in the
annual estimated amount of $65,000 for a two year estimated expenditure of $130,000).
Ordinance No. 2012-092
F.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (i) fee simple to a 0.03 acre tract; (ii) a utility and slope easement encumbering a
0.02 acre tract; and (iii) a temporary construction, grading and access easement
encumbering a 182 square foot tract, all tracts located in the O.S. Brewster Survey,
Abstract Number 56, City of Denton, Denton County, Texas, as more particularly
described on Exhibit "A", attached to and made a part of the ordinance, located generally
in the 1800 block of South Bonnie Brae Street (the "Property Interests"), for the public
use of expanding and improving Bonnie Brae Street, a municipal street and roadway;
authorizing the City Manager or his designee to make an offer to James B. Harrell, Jr. to
City of Denton City Council Minutes
May 1, 2012
Page 5
purchase the Property Interests for the purchase price of Seven Thousand Six Hundred
Sixty Seven Dollars and No/Cents ($7,667.00), and other consideration, as prescribed in
the Purchase Agreement, as attached to and made a part of the ordinance as Exhibit "B";
authorizing the expenditure of funds therefore; and providing an effective date.
Ordinance No. 2012-093
G.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (i) fee simple to a 0.08 acre tract; (ii) a utility and drainage easement
encumbering a 0.04 acre tract; and (iii) a drainage easement enc
tract, all situated in the O.S. Brewster Survey, Abstract Number 56, City of Denton,
Denton County, Texas, as more particularly described on Exhibit "A", attached to and
made a part of the ordinance, located generally in the 2200 block of South Bonnie Brae
Street (the "Property Interests"), for the public use of expanding and improving Bonnie
Brae Street, a municipal street and roadway; authorizing the City Manager or his
designee to make an offer to Agnes H. Rogers and Jean M.G. Tunnell, formerly known
as Jean M. Goodson, to purchase the Property Interests for the purchase price of Three
Thousand Nine Hundred Seventeen Dollars and No/Cents ($3,917.00), and other
consideration, as prescribed in the Purchase Agreement, as attached to and made a part of
the ordinance as Exhibit "B"; authorizing the expenditure of funds therefore; and
providing an effective date.
Ordinance No. 2012-094
H.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (i) fee simple to a 7.36 acre tract; (ii) a slope easeme
(iii) a drainage easement encumbering 1.35 acres; and (iv) a temporary construction,
grading and access easement encumbering 0.03 acre, all lands located in Denton County,
Texas, and situated in the James Edmonson Survey, Abstract Number 400, as more
particularly described on Exhibit "A", attached to and made a part of the ordinance,
located generally in the 3100 block of South Bonnie Brae Street (the "Property
Interests"), for the public use of expanding and improving Bonnie Brae Street, a
municipal street and roadway; authorizing the City Manager or his designee to make an
offer to Jack Arlyn Parkes and wife, Betty Parkes to purchase th
the purchase price of Two Hundred Fifty Five Thousand One Hundred Sixteen Dollars
and No/Cents ($255,116.00), and other consideration, as prescribed in the Purchase
Agreement as attached to and made a part of the ordinance as Exhibit "B"; authorizing
the expenditure of funds therefore; and providing an effective date.
Ordinance No. 2012-095
I.Consider adoption of an ordinance finding that a public use and necessity exists to
acquire (i) fee simple to a 34.92 acre tract situated in the Jam
Abstract No. 400 and the S. Pritchett Survey, Abstract No. 1004; and (ii) a drainage
easement encumbering a 0.42 acre tract situated in the James Edmonson Survey,
Abstract No. 400, all tracts located in the City of Denton, Denton County, Texas, as more
particularly described on Exhibit "A", attached to and made a part of the ordinance,
located generally in the 3400 block of South Bonnie Brae Street (the "Property
Interests"), for the public use of expanding and improving Bonnie Brae Street, a
municipal street and roadway; authorizing the City Manager or his designee to make an
offer to the Marvin Henderson Estate Trust to purchase the Property Interests for the
City of Denton City Council Minutes
May 1, 2012
Page 6
purchase price of Three Hundred Fourteen Thousand, Eight Hundred Sixty Nine Dollars
and No/Cents ($314,869.00), and other consideration, as prescribed in the Purchase
Agreement, as attached to and made a part of the ordinance as Exhibit "B"; authorizing
the expenditure of funds therefore; and providing an effective date.
Ordinance No. 2012-096
J.Consider adoption of an ordinance of the City of Denton, Texas approving an agreed
order in the pending enforcement action concerning the City of Denton, Texas, in Docket
Number 2012-0092-MLM-E before the Texas Commission on Environmental Quality
respecting the alleged unauthorized discharge of sodium hydroxide near the Lake Ray
Roberts Water Treatment Plant; authorizing the Mayor to execute said agreed order on
behalf of the City; authorizing the City Manager and the City Attorney to act on the
City's behalf in executing any and all other documents and to take other actions
necessary to finalize the settlement; authorizing the expenditure of funds therefor; and
declaring an effective date.
Resolution R2012-012
K.Consider approval of a resolution of the City of Denton, Texas approving a City
Purchasing Policy regarding purchasing preference due to the location of bidder's
principal place of business; and declaring an effective date.
Ordinance No. 2012-097
L.Contract adoption of an ordinance of the City Council of the City of Denton, Texas
authorizing the City Manager to execute a Second Amendment to an Agreement for
Professional Legal Services with Constangy, Brooks & Smith for professional legal
services relating to pending litigation styled Jones v. City of Denton, Cause No. 2011-
50255-367, filed in the 367th District Court of Denton County, Texas; authorizing the
expenditure of funds therefor in an amount not to exceed $250,000; and providing an
effective date.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Reconsider Ordinance No. 2012-088 passed by the City Council in its meeting
of April 17, 2012 providing for an initial zoning district and use classification of
Community Mixed Use General (CM-G) and Neighborhood Residential Mixed
Use 12 (NRMU-12) on approximately 33.1 acres of land and the rezoning of
approximately 3.7 acres of land from a Neighborhood Residential 6 (NR-6)
zoning district and use classification to a NRMU-12 zoning district and use
classification; located at the southeast corner of McKinney Street and Mayhill
Road; providing for a penalty in the maximum amount of $2,000.00 for
violations thereof, severability and an effective date. (Z11-0025) The Planning
and Zoning Commission recommends approval (5-1).
Council Member Watts motioned, Council Member King seconded to reconsider Ordinance No.
2012-088. On roll call vote: Council Member King, Council Member Watts, Council Member
City of Denton City Council Minutes
May 1, 2012
Page 7
Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council
Member Roden aye . Motion carried unanimously.
B. Consider adoption of an ordinance of the City of Denton, Texas, providing for
an initial zoning district and use classification of Community Mixed Use
General (CM-G) and Neighborhood Residential Mixed Use 12 (NRMU-12) on
approximately 33.1 acres of land and the rezoning of approximate
land from a Neighborhood Residential 6 (NR-6) zoning district and use
classification to a NRMU-12 zoning district and use classification; located at the
southeast corner of McKinney Street and Mayhill Road; providing for a penalty
in the maximum amount of $2,000.00 for violations thereof, severability and an
effective date. (Z11-0025) The Planning and Zoning Commission recommends
approval (5-1).
Council Member Watts motioned to postpone consideration to allow the scheduling of a courtesy
public hearing with legal notices to be sent out as was done for the previous public hearing.
th
City Manager Campbell noted that the May 15 Council meeting might not provide enough time
to do the advertising for the public hearing.
Council Member Watts stated to postpone consideration to the June 5th council meeting to allow
staff to pursue notices similar to a required public hearing.
Council Member Engelbrecht clarified the motion to include notices to property owners within
200 and 500 feet and those who previously spoke on the item who might reside outside that
range.
Council Member Watts stated that was correct, to the greatest extent possible.
Mark Cunningham, Director of Planning and Development, stated that a legal notice and letters
to the property owners were usually not done with a City Council public hearing. That was done
on the Planning and Zoning Commission level.
City Manager Campbell stated that staff would advertise the new public hearing as was done for
the Planning and Zoning Commission meeting plus post a sign on the property.
Mayor Burroughs questioned if the item would be listed as an Item for Individual Consideration
with allowance for public comment but would not be an actual public hearing.
City Attorney Burgess stated that the law would not require another public hearing but Council
could request another public hearing. It was up to the Council to decide on how to handle the
process.
City Manager Campbell stated that if the motion were to call for a public hearing, it would be
posted as such and with notification the same as a public hearing.
Council Member Watts motioned, Mayor Pro Tem Kamp seconded to postpone consideration of
th
the item until the June 5 Council meeting. The item would be posted as a public hearing with
City of Denton City Council Minutes
May 1, 2012
Page 8
all appropriate notices to the newspaper and property owners provided for as was normally done
for a public hearing at the Planning and Zoning Commission. On roll call vote: Council Member
King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor
Pro Tem Kamp, Mayor Burroughs, Council Member Roden aye . Motion carried
unanimously.
6. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Bob Clifton regarding the City election.
Mr. Clifton was not present at the meeting.
7. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond
from the City Council or the public with specific factual information or
recitation of policy, or accept a proposal to place the matter o
upcoming meeting
AND
Under Section 551.0415 of the Texas Open Meetings Act, provide r
items of community interest regarding which no action will be taken, to include:
expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing
body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
Mayor Pro Tem Kamp requested a work session to discuss the naming of the new pedestrian
bridge over Loop 288 after Martin Luther King, Jr.
City Manager Campbell stated that Council would need to decide whether to adhere to the new
naming policy or given the fact that this process had been in the works for several years, just go
ahead and consider the naming.
Mayor Pro Tem Kamp stated that she would be in favor of just proceeding with the naming.
Council Member Gregory stated that the Arts and Jazz Festival was a success and thanked
everyone for participating and working in the event.
City of Denton City Council Minutes
May 1, 2012
Page 9
Council Member Roden noted that Saturday was Cinco de Mayo with a parade and celebration.
It was also opening day for the community market.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the Closed Meeting.
C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of
the Texas Open Meetings Act.
There was no official action taken on Closed Meeting items.
With no further business, the meeting was adjourned at 7:04 p.m.
_____________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
_____________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
May 7, 2012
Joint Meeting of the City of Denton City Council and the Denton Independent School District
Board of Trustees on Monday, May 7, 2012 at 11:30 a.m. in the Council Work Session Room.
PRESENT: Council Member King, Council Member Watts, Council Member Gregory,
Council Member Engelbrecht, Council Member Roden, Mayor Pro Tem
and Mayor Burroughs.
ABSENT: None
1.Call to order; announce quorum, introductions.
Mayor Burroughs called the Council portion of the meeting to order and announced a quorum
was present.
2.Receive and discuss a presentation/report from United Way of Denton County, Inc.
regarding that agencys recently completed 2012 Community Assets and Needs
Assessment.
City Manager Campbell noted that Janet Mulroy and Bill Patterson were co-chairs of the
Steering Committee for the report of community assets and needs assessment. Gary Henderson,
President and CEO of United Way of Denton County, and Leah Jordan, Director of Community
Impact, would be presenting the findings of the report.
Ms. Jordan reviewed the approach and methodology for the report. She also presented
demographic and environmental information relating to the area surveyed.
Mr. Henderson reviewed the Demographic Findings which included the key focus areas of
Education, Income and Health.
Ms. Jordan then reviewed the Income Key area, noting the top findings and greatest needs. The
Health Key area was also reviewed, noting the top findings and greatest needs.
Mr. Henderson noted that there were six areas in most need: (1) single family head of household
in poverty, (2) 4 year olds for pre-Kindergarten programs, (3) 20,000 at-risk children, (4)
affordable child care, (5) adults without a high school diploma, and (6) affordable health and
dental care.
Council and the Board discussed the findings and how they related to city and school services
that would need to be provided.
3.Receive and discuss a presentation/report from the Denton Independent School District
regarding the District Planning Process including the Role of Brand in the Nonprofit
Sector and Communicating and Connecting with Social Media.
Chris Shade, Director of School Improvement, presented details on Project EIC, Education
Improvement Council. The program would be a rewrite of the DISDs mission, vision, values
and goals. It would present a new perspective for old ways.
City of Denton City Council Minutes
May 7, 2012
Page 2
4.Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the
City Council or the public with specific factual information or recitation of policy, or
accept a proposal to place the matter on the agenda for an upcoming meeting
AND
Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of
community interest regarding which no action will be taken, to include: expressions of
thanks, congratulations, or condolence; information regarding holiday schedules; an
honorary or salutary recognition of a public official, public employee, or other citizen; a
reminder about an upcoming event organized or sponsored by the governing body;
information regarding a social, ceremonial, or community event organized or sponsored
by an entity other than the governing body that was attended or is scheduled to be
attended by a member of the governing body or an official or employee of the
municipality; or an announcement involving an imminent threat to the public health and
safety of people in the municipality that has arisen after the posting of the agenda.
There were no items suggested at this meeting.
5. Adjourn.
With no further business, the Mayor adjourned the Council portion of the meeting at 1:25 p.m.
________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
_________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
May 8, 2012
After determining that a quorum was present, the City Council convene in 2nd Tuesday Session
on Tuesday, May 8, 2012 at 4:00 p.m. in the City Council Work Session Room at City Hall.
PRESENT: Council Member King, Council Member Watts, Council Member Gregory,
Council Member Engelbrecht, Council Member Roden, Mayor Pro Tem
and Mayor Burroughs.
ABSENT: None
1.Receive a report and hold a discussion concerning the Denton County Transportation
Authority's A-train service schedule, bus operations and public transportation services.
Jim Cline, President of DCTA, stated his presentation overview would include an update on the
Stadler cars, a safety campaign, the regional fare, FY12 ridership and the bus maintenance
facility. Proposed service changes would be discussed in terms of process, what has been heard,
financial constraints, recommendations, trade-offs and next steps.
The Stadler cars would be rolled out between June and August with 10 of the 11 vehicles already
received. The Alternative Vehicle Transportation waiver was expected within 60 days. DCTA
was working to expand regional opportunities for this vehicle. The RDC cars would be returned
to DART as soon as they were no longer necessary.
Community-wide Rail Safety Over 100 campaigns to over 10,000 p
the DCTA Look, Listen & Live program. Coordination was being done with local law
enforcement and Federal Rail Authority. A Community Rail Safety Class would be held on May
17th at the Downtown Denton Transit Center. June was National Safety Month.
Council Member Gregory expressed a concern about rail and trails sharing same corridor and
asked how was that working.
Cline stated that where there were trails, there were no problems. There seemed to be a trend
with people making bad decisions regarding the rails such as the couple walking across the
railroad bridge.
DCTA Update-Regional Fare - DART was currently in the public comment phase on proposed
December fare increases. The proposed increase was a regional m
$160; a regional annual pass from $1200 to $1600; and reduced fa
off-peak hours. The T was still reviewing the proposal. DCTA did not support a fare increase at
this time. Next steps would be continued discussions with regional partners, a relocation of the
fare boundary to Trinity Mills, and public participation by all
throughout the summer. DCTA would hold public meetings in June.
Mayor Burroughs asked if there would have to be a fare increase if DART wanted it.
Cline stated that they were bound by all three agencies to work with them to keep the systems
seamless for the ridership.
City of Denton City Council Minutes
May 8, 2012
Page 2
Mayor Burroughs suggested considering a rebate for people who only rode on the DCTA portion
of the rail system to keep encouraging ridership.
FY 12 Transit Ridership - DCTA carried 1,752,684 passengers in the first six months of FY 12.
Route 9 was the highest performing fixed route. Connect ridership had increased by 14%.
DCTA was experiencing 1400-1500 passengers per week day on the A-train. There was a need
to look at ways to keep the ridership growing.
Council Member Watts questioned what measure was used to determine the 1400-1500
passengers.
Cline stated that it was based on boardings. For example, up and back to Denton would count as
boarding twice.
Council Member Gregory asked about Friday service.
Cline stated that Friday service during the day was lower and that may be based on no student
classes on Friday or people who take Friday off and not work on
Council Member Gregory asked what percentage Friday day service was lower than the rest of
the week.
Cline stated that it was about 75% lower.
Council Member Watts clarified that if a passenger boarded in Denton and went to Trinity Mills
and then came back, that would be considered two boardings.
Cline replied that it would be two.
Bus Operating and Maintenance Facility Cline indicated that there was no train connection to
the Nus Operation and Maintenance Facility nor was bus transfer there. He reviewed the layout
of the proposed building indicating that it should be under construction in December. DCTA had
addressed some of the neighborhood questions regarding the project. The bays would be pointed
away from the neighborhood.
Council Member Roden stated that there were rumors that when DCTA bought the property it
was already zoned industrial.
Cline stated zoning was consistent with the facility when DCTA bought the property but that it
had to be replated.
Mayor asked about screening of the facility and suggested consulting the neighbors if there were
any questions on the landscaping.
Council Member Engelbrecht asked about the security lighting and suggested consulting with the
neighbors on how to orient the security lights.
City of Denton City Council Minutes
May 8, 2012
Page 3
Cline stated that they had already addressed the issue as all lights would be full cutoff and aimed
down. The lighting should not exit the property.
Cline continued that the next steps with the bus operation and maintenance included finalizing
the design of the facility and issuing the bid in early July with a notice to proceed in September
2012. It was hoped to have the project completed in January 201
Service change process Cline reviewed the process for proposed service changes. He indicated
that midday service was an important feature for students and working parents. DCTA had that
midday service was a top priority. Friday night service, in its current configuration, was not
working as well as everyone hoped. The bus services needed to b
and service hours. Service changes in terms of financial constraints were reviewed as well as
service changes presented on April 26, 2012.
Next step for service changes included mid-day rail service; improve transit connections; earlier
Saturday service and moving the fare boundary to Trinity Mills. Options for consideration and
discussion included modifying the Friday night service, eliminate Friday night and consider
other transit improvements planned for later implementation, modify Saturday schedule to
accommodate later trains and create a budget for transit service
Mayor Burroughs stated that he would like to see the average daily ridership per train, the Friday
during day service and Friday night service as to compare each o
Mayor Pro Tem Kamp asked about the deadline for comments regarding the Friday service.
Cline stated that someone would be at the meeting to receive the comments from the Downtown
merchants.
Mayor Pro Tem Kamp asked Cline to explain the vote in May and how it would work with the
Board.
Cline stated that DCTA was asking for guidance regarding the schedule change. His
understanding was that it did not require 2/3 of the paying members to make decision; however,
the budget would require the 2/3 vote. Difference would be given to the 3 paying member cities.
Council Member Gregory stated it was for the schedule and not the service plan.
Cline stated that the service plan involved where service was going to be provided which was
different from the schedule for adding/deleting trains.
2.Receive a report, hold a discussion and give staff direction regarding the request to name
the Rail Trail pedestrian bridge over Loop 288 after Martin Luther King, Jr.
Emerson Vorel, Director of Parks and Recreation, reviewed the policy for the naming of city
th
facilities. If Council desired staff would present an item on the May 15 Council meeting
naming the rail trail bridge for Martin Luther King, Jr.
City of Denton City Council Minutes
May 8, 2012
Page 4
th
Consensus of the Council was to proceed with the item for the May 15 council meeting.
3.Receive a report, hold a discussion and give staff direction regarding activities relating to
the City's Gas Well Inspections Division; Phase II amendments re
drilling and production regulations; and the enacted gas well moratorium.
Darren Groth, Gas Well Administrator, stated that the Gas Well Task Force objectives were to
assist the City in drafting an ordinance that was fair, defensible, appropriate and did not risk
taxpayer resources; plus represent the interests of all stakeholders by soliciting public input. He
reviewed the public meeting dates from August, 2011 through March 2012.
Meeting outcomes - minutes, voting results, comment cards, and a
posted on the city's website. There were 78 motions forwarded for vote and 44 approved action
items.
Council Member Roden asked if it would be possible to have information on the items that were
voted against or failed to have a perspective on why that was the case or an explanation from the
Task Force. He questioned if that information might already be captured.
Groth stated that some of the members might explain their vote and the information should be
captured in the minutes.
Mayor Burroughs stated that 34 items did not go forward. He indicated it would be helpful to
have more information on the ones that received one vote. Less explanation would be necessary
for the ones with no vote.
Action items per focus area topics were presented. Air Quality had 10 action items; water, 11;
compliance/inspection follow-up, 7; other gas drilling related facilities, 2; insurance and
bonding, 0; public input process, 3; lease process and property acquisitions, 0; on-site
requirements, 7; city infrastructure, 2; and seismic testing, 2.
The final task force meeting was on March 26th. Available resources included the task force and
public input, technical and industry reports, staff input, governmental policies, and City
Councils previous guidance. Staff was currently drafting, editing, and revising the draft
ordinance which would be forwarded to Legal and scientific advisory task force members for a
3-4 week review. After that, a task force public meeting would be held to discuss the revisions.
The proposed ordinance draft, with task force recommendations, would be forwarded to the
Planning and Zoning Commission and City Council for public hearings.
Approximate timeline - staff was anticipating completion of the draft in two weeks. The Legal
and scientific review would take approximately four weeks. Staff would incorporate the
recommendations and schedule the task force public meetings in approximately four weeks. The
Planning and Zoning Commission public hearings would be two weeks after that followed by the
City Council public hearing.
City of Denton City Council Minutes
May 8, 2012
Page 5
Council Member Roden questioned if the task force had amendments after going through Legal
and the scientific advisory task force plus the Planning and Zoning Commission, would the draft
have to go back to Legal and the scientific task force.
Groth replied correct.
Council Member Roden questioned the time for Council to see the proposals and hoped that it
would not be right before an actual voting meeting.
City Manager Campbell stated that the Agenda Information Sheet s
steps. Once a draft ordinance was completed with the majority of the recommendations, it would
be Council's guidance on how to proceed. Council might consider
scientific members presenting information directly to Council, etc. The public meetings would
be in addition to the public hearing. That was one reason to consider extending the moratorium
so as to have time to consider all of the options.
Mayor Burroughs felt that a legal final form of the ordinance provisions was a waste of a lot of
resources. If Council was going to weigh in and invite public c
in a developmental stage.
City Manager Campbell stated that the intent when bringing back the basic documents was that
the majority of the task force issues had vetted for legal issues and scientific issues. Council
would then tell staff if they wanted to go further with those issues.
Mayor Burroughs stated that there could be a vetting as to what was viable and what was not
viable but not the final wording.
City Manager Campbell stated that the options would be what were legal and would work
scientifically.
Mayor Burroughs felt that the vetting would not be on a comprehe
level. He suggested a Council work session before going to the Planning and Zoning
Commission. He needed to see a listing of what did not pass and have a work session to review
those items.
Mayor Burroughs stated that a general direction would be that prior to Council consideration, the
draft go back to interested public with a report prepared from the task force on the feeling
regarding what was being brought forth as recommended items and how it felt about those items
plus what was not addressed. All of that could be put in a report form so as to be able to ask
questions.
Mayor Pro Tem Kamp stated that at those public meetings, everyone who wanted to talk would
have the opportunity to speak to them. She felt that there could be a speaker for neighborhoods
who could speak for 10 minutes when representing a neighborhood.
City of Denton City Council Minutes
May 8, 2012
Page 6
Council Member Gregory felt it might be helpful to set aside time for industry and mineral
owners and another session for other people who had environmenta
another time for neighborhood issues or a time for just citizens.
Mayor Burroughs felt it might be helpful to do that in one sense but also felt having groups
listening to each other was important as there would be a better understanding of the issues when
everyone listened to each other.
Mayor Pro Tem Kamp agreed that it would be good to get as many people in the room as
possible to allow more opportunities to speak as possible.
Council Member Gregory stated that he would like to see a drilling site in operation, a site that
had been completed, one producing gas and a compressor site.
Mayor Burroughs felt that was a great idea but expressed a concern with a prearranged trip as
there might be a change in the working situation. He suggested working with the inspector and
have an unannounced visit.
Council Member Roden suggested vetting the minority report through the scientific task force to
see what kind of outcome there would be.
Council Member Gregory requested an analysis of the fees collected and what it was costing to
run the inspection operation now that it had been operating a year to see if the fees were
appropriate.
Council Member Roden stated as staff got to the point of looking at concepts he would like to
see a comparison chart with other cities such as Southlake, Flower Mound, Grand Prairie, and
Fort Worth. He was interested in what scientific and legal was saying could not be done but that
other cities were moving forward with and why those would not be good for Denton.
Mayor Burroughs suggested preparing it by city and also show items that other cities have or do
not have that Denton might want to consider.
Council Member King felt that Council should follow the task force outline and not go back and
redo everything the task force had already done as that would be redundant.
Council Member Watts stated that there were 44 approved and recommended issues from the
task force and 30 were not approved either by unanimous vote or split vote. It was being
suggested to see why those were not included. Then there would be an ordinance that might
include items from other cities that had not been thought of and all of that would be thrown into
the hat with the scientific task force with lots of meetings. Council would then decide on all of
these issues what to include in ordinance. He questioned if that was the process that was being
suggested.
Council Member Roden stated that the minority report was less than 30 recommendations. He
just wanted a rational as to why those were not included.
City of Denton City Council Minutes
May 8, 2012
Page 7
Council Member Watts stated that the minority report was issued to give the other side of the
story and because there was some controversy on who voting, etc. on the task force. The
minority report wanted to address that plus present that the results could have been different. He
did not have a problem with the number of items to consider.
Mayor Burroughs stated that he was comfortable with the items that were unanimous on the
committee and with the items with a 0-5 vote which were not included. He was interested in the
topics with a mixed vote and felt those were important.
Council Member Engelbrecht did not feel that the changing of the approach in mid-stream was
reflecting negatively on the task force and had not considered this issue before as technology and
regulations were changing rapidly.
Council Member Watts stated that with the information that was to be forwarded, he would like
to see a review from Legal concerning litigation possibilities. What was realistic and reasonable,
what might be challenged and who would challenge.
Council Member Gregory asked to include who prevailed.
Groth stated that staff would show some of the alternatives based on what other cities were doing
such Flower Mound or Fort Worth. Staff would break down each recommendation and give
possible ways to address those to get to draft options rather than give raw data.
Mayor Burroughs stated that he did not need to see what other cities did with the items that were
unanimous as that was what the task force did. It was the ones with no consensus with alternate
options that he would need to see what other cities did and other options.
Groth stated that staff could provide the recommendation and what it would mean to the city of
Denton. He continued with a review of the 2011 and 2012 annual inspection figures. He also
presented information concerning compliance inspections.
Council Member Gregory stated that the payment of fees could be part of the process for issuing
new permits and whether or not the permits would be issued. Outstanding balances could not get
a new permit.
Groth continued with information concerning the moratorium. On February 7, 2012 Council
approved Ordinance 2012-024 which imposed a moratorium on the receipt, processing and
approval of certain oil/gas applications. The current 120-day moratorium would expire on June
6, 2012. It was projected that it would be approximately 4 months before a newly drafted
ordinance would be presented during a Council public hearing. The timeframe might vary based
on legal and scientific review length and necessary time to incorporate suggested revisions. The
task force public meeting notification period could also alter the schedule.
Council Member Roden stated that the public needed an explanation on the compliance time
frame that was allowed.
City of Denton City Council Minutes
May 8, 2012
Page 8
Council Member Gregory requested a report on the number of abatements, number of citations
and amount of fines.
Consensus of the Council was to extend the moratorium.
Following the completion of the 2nd Tuesday Session, the Council convened in a Closed Session
at 6:10 p.m. to discuss the following:
1. Closed Session
A.Consultation with Attorney - Under Texas Government Code Section 551.071,
Deliberations regarding Economic Development Negotiations - Unde
Government Code Section 551.087.
1.Receive a report and hold a discussion regarding legal issues on matters
regarding the leasing of land and financing of a City facility on University
of North Texas property located at I-35 and North Texas Boulevard where
such discussion presents a conflict between the duty of the City's attorneys
to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas and the provisions of the
Texas Open Meetings Act, Chapter 551 of the Texas Government Code.
Also hold a discussion regarding the leasing of land and financing of a
City facility for economic development purposes on University of North
Texas property located at I-35 and North Texas Boulevard, includ
financial information related to such activities from a business
Council reconvened into Open Session at 7:00 p.m. and with no further business, the meeting
was adjourned at 7:00 p.m.
_____________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
_____________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
AGENDA DATE:
June 5, 2012
DEPARTMENT:
City Managers Office
CM:
George Campbell,City Manager
SUBJECT
Consider nominations/appointments to the Citys Boards and Commissions.
BACKGROUND
Council Member King has nominated Chris Flemmons to the Public Art Committee.
Nominations could be made and voted on at this meeting should the Council desire. Approval
would be contingent on completion of the confirmation process.
If you require any further information, please let me know.
Respectfully submitted:
Jennifer Walters
City Secretary
AGENDA INFORMATION SHEET
AGENDA DATE:
June 5, 2012
DEPARTMENT:
Planning and Development
ACM:
Fred Greene
SUBJECT
S11-0004 Wells Fargo Denton ATM
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
granting a Specific Use Permit (SUP) to allow two Drive-through Facilities (ATMs). The
approximately 0.33 acre subject property, commonly known as Block 9 of the Old Towne
Denton Addition is located north of Mulberry Street, west of Austin Street, south of Walnut
Street, and east of Locust Street; located within the Downtown Commercial General (DC-G)
zoning district; and providing for a penalty in the maximum amount of $2,000.00 for violations
thereof, severability and an effective date. The Planning and Zoning Commission recommends
approval (6-0).
PROPOSAL
The applicant is requesting an SUP to install two Drive-through Facilities (ATMs), see Exhibit 3.
Pursuant to Section 35.5.3.2 of the Denton Development Code (DDC), Drive-through Facilities
proposed in a DC-G zoning district is permitted only with an approved SUP.
BACKGROUND
The property was once a multi-floor parking structure that served the Wells Fargo building.
Several years ago the parking structure was demolished and the property has remained
undeveloped. The current condition of the property is a landscaped lawn with detached
sidewalks along the surrounding right-of-way.
In addition to the two ATMs, the applicant is proposing to construct a commercial parking lot.
The commercial parking lot will be shared between visitors to the existing Wells Fargo building,
located on 101 South Locust Street and visitors to Downtown Denton. The commercial parking
lot and ATMs are being proposed in response to the future demolition of the Wells Fargo Motor
Bank, at the northwest corner of Sycamore Street and Locust Street.
Public notices were sent to residents and property owners within 200 feet of the subject property,
see Exhibit 7. As of this writing, staff has not received any responses to the Notice of Public
Hearing.
PRIOR ACTION/REVIEW
May 9, 2012 Planning and Zoning Commission Public Hearing
1
Agenda Information Sheet
June 5, 2012
Page 2
OPTIONS
1.Approve as submitted.
2.Approve with conditions.
3.Deny.
4.Postpone consideration.
5.Table item.
RECOMMENDATION
approval
P&Z recommended of the proposed SUP request (6-0), subject to the
following conditions presented by the Development Review Committee.
approval
The Development Review Committee recommends of the proposed SUP
request, subject to the following conditions:
1.The applicant shall have the ingress and egress driveways located off
Austin Street as shown in Exhibit 3; and
2.The applicant shall provide and maintain the landscaping as depicted in
Exhibit 4.
EXHIBITS
1.Location Map
2.Zoning Map
3.Proposed Site Plan
4.Proposed Landscape Plan
5.Letter from the Applicant
6.Letter from Wells Fargo
7.Notification Information Map
8.Planning and Zoning Commission Meeting Minutes (May 9, 2012)
9.Draft Ordinance
Prepared by:
Ron Menguita, AICP
Development Review Liaison
Agenda Information Sheet
June 5, 2012
Page 3
Respectfully submitted:
Mark Cunningham, AICP, CPM
Director, Planning and Development
Department
Agenda Information Sheet
June 5, 2012
Page 4
CITY OF DENTON
PLANNING AND ZONING COMMISSION
STAFF REPORT
DRC Date: March 1, 2012 CASE #: S11-0004
P&Z Date: May 9, 2012 DDC SECTION: 35.5.3.2
Project Number:
S11-0004
Request:
The applicant is requesting an SUP to install two Drive-through
Facilities (ATMs). Pursuant to Section 35.5.3.2 of the Denton
Development Code (DDC), Drive-through Facilities proposed in a
Downtown Commercial General (DC-G) zoning district is
permitted only with an approved Specific Use Permit (SUP).
Applicant/Property
John Schlueter
Owner:
3311 Elm Street, Suite 105
Dallas, TX 75226
Location:
North of Mulberry Street, west of Austin Street, south of Walnut
Street, and east of Locust Street.
Size:
0.33 acres
Existing Zoning
Designation:
Downtown Commercial General (DC-G)
Future Land Use:
Downtown University Core
Case Planner:
Ron Menguita, AICP
DRC Recommendation: approval
The Development Review Committee recommends of
the proposed SUP request, subject to the following conditions:
1.The applicant shall have the ingress and egress driveways
located off Austin Street as shown in Exhibit 3; and
2.The applicant shall provide and maintain the landscaping as
depicted in Exhibit 4.
Summary of Analysis:
Pursuant to Section 35.5.3.2 of the DDC, Drive-through Facilities proposed in a DC-G zoning
district is permitted only with an approved SUP.
Agenda Information Sheet
June 5, 2012
Page 5
Pursuant to Section 35.6.4, a SUP may be granted if the City Council finds that the proposed use
conforms, or can be made to conform through the imposition of conditions, with the following
approval criteria.
A. That the use would be in conformance with all standards within the zoning district in
which the use is proposed to be located, and in conformance with the Denton Plan and
federal, state, or local law.
Downtown University Core
the Denton Plan. The Downtown University Core is described as:
pecified commercial areas of the downtown university core district should be places of
great vitality, with a mix of educational, residential, retail, office, service, government,
cultural, and entertainment development. The health and vitality of the area can
contribute in a major way to the city, its local and regional image, and quality of life. It is
a place where residents can live, work, learn, and play in the same neighborhood. It
includes different uses which may occur on eac
Within the Downtown University Core, there are several subareas that have unique
characteristics and deserve special attention. One of those areas identified by the Denton
Plan Denton Downtown Denton encompasses the Square and the
surrounding area. The subject property is located one block south of the Square.
In 2002, the city adopted the Denton Downtown Master Plan which balances the desire to
encourage development with an interest to ensure proper design. The following are a few
goals that define the vision for Downtown Denton from the Downtown Master Plan:
play. Downtown should have residents,
infrastructure should reinforce the sense of downtown as having connected activities
within a single
In 2010 the city adopted the Downtown Implementation Plan (DTIP) to achieve the goals of
the Denton Downtown Master Plan. The DTIP provides the implementation strategies to
guide public and private development within Downtown Denton.
Both the Downtown Master Plan and the DTIP envision Downtown Denton as a pedestrian
friendly environment. With the following recommended conditions, staff finds that the
proposed use is consistent with the goals and vision for Downtown Denton.
Agenda Information Sheet
June 5, 2012
Page 6
1.The applicant shall have the ingress and egress driveways located off Austin Street as
shown in Exhibit 3; and
2.The applicant shall provide and maintain the landscaping as depicted in Exhibit 4.
By locating the ingress and egress driveways off of Austin Street, the remaining three streets
(Locust, Mulberry, and Walnut) will contain un-obstructed sidewalks and landscaping to
screen the parking lot and drive-through facilities. The un-obstructed sidewalks and
landscaping will create a more pedestrian friendly environment.
If the SUP is granted, the proposed ATMs (with the conditions listed above) would be in
conformance with all standards within the zoning district in which the use is proposed to be
located.
B. A specific permit shall be issued only if all of the following conditions have been met:
1. That the specific use will be compatible with and not injurious to the use and
enjoyment of other property nor significantly diminish or impair property values within
the immediate vicinity;
recommended conditions, the proposed ATMs will be compatible with the
surrounding area. The un-obstructed sidewalks and landscaping on three streets will
create a more pedestrian friendly environment.
The proposed ATMs will not be injurious to the use and enjoyment of other properties.
The property will be landscaped throughout providing screening and buffering to
adjacent properties, see Exhibit 4.
The proposed ATMs will not significantly diminish or impair property values within the
immediate vicinity. The existing property is currently undeveloped. The improvements
and landscaping proposed will enhance the area.
2. That the establishment of the specific use will not impede the normal and orderly
development and improvement of surrounding vacant property;
The property is platted and is located within a developed urban area. The granting of the
SUP will not impede the normal and orderly development and improvement of
surrounding vacant properties.
3. That adequate utilities, access roads, drainage and other necessary supporting facilities
have been or will be provided;
The DRC has reviewed the proposed project and determined that adequate utilities,
access roads, drainage and other necessary supporting facilities will be provided. No
additional supporting facilities are required to support the proposed ATMs.
Agenda Information Sheet
June 5, 2012
Page 7
4. The design, location and arrangement of all driveways and parking spaces provides for
the safe and convenient movement of vehicular and pedestrian traffic without
adversely affecting the general public or adjacent developments;
The proposed ATMs will not affect the design, location and arrangement of any driveway
or parking space. Ingress and egress to the proposed parking lot and ATMs will be from
Austin Street. Currently no existing driveway is located off of Austin Street. The
parking lot to the east of the subject property is accessed from Hickory Street and
Mulberry Street.
Additionally, the site design allows for vehicle stacking for the ATMs to be completely
within the property minimizing the adverse affect to the general public or adjacent
developments.
5. That adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise and vibration;
No issues with odor, fumes, dust, noise and vibration are anticipated with this use. The
proposed project will be subject to city codes and regulations to ensure that potential
nuisances are mitigated.
6. That directional lighting will be provided so as not to disturb or adversely affect
neighboring properties; and
Lighting for the proposed parking lot and ATMs will be subject to the lighting
regulations of the DDC. The applicant is proposing to install cut off shields to prevent
disturbing or adversely affecting neighboring properties.
7. That there is sufficient landscaping and screening to ensure harmony and
compatibility with adjacent property.
Sufficient landscaped is proposed throughout the subject property, providing screening
and buffering to ensure harmony and compatibility with adjacentproperty, see Exhibit 4.
C. That adequate capacity of infrastructure can and will be provided to and through the
subject property.
The DRC has reviewed the proposed project and determined that adequate capacity of
infrastructure can and will be provided to and through the subject property. No additional
infrastructure is required to support the proposed ATMs.
D. That the Special Use is compatible with and will not have an adverse impact on the
surrounding area. When evaluating the effect of the proposed use on the surrounding
area, the following factors shall be considered in relation to the target use of the zone:
Agenda Information Sheet
June 5, 2012
Page 8
1. Similarity in scale, bulk, and coverage.
The proposed ATMs will be similar in scale, bulk and coverage with the adjacent
properties, see Exhibit 3.
2. Generation of traffic and effects on surrounding streets. Increases in pedestrian,
bicycle, and mass transit use are considered beneficial regardless of capacity of
facilities.
Because the property is currently undeveloped except for the existing sidewalks, the
proposed will generate more traffic to the area and surrounding streets.
According to the applicant, the amount of vehicles (ATM transactions) anticipated is ten
(10) per peak hour, see Exhibit 6.
3. Architectural compatibility with the impact area.
The proposed ATMs will be architecturally compatible with the surrounding area, see
Exhibit 3.
4. Air quality, including the generation of dust, odors, or other environmental pollutants.
No issues with the generation of dust, odors, or other environmental pollutants are
anticipated with this use.
5. Generation of noise, light, and glare.
The proposed project will be subject to city noise ordinance and to the lighting
regulations of the DDC.
6. The development of adjacent properties as envisioned in The Denton Plan.
With the following recommended conditions, staff finds that the proposed use is
consistent with the goals of the Denton Plan.
1.The applicant shall have the ingress and egress driveways located off Austin Street as
shown in Exhibit 3; and
2.The applicant shall provide and maintain the landscaping as depicted in Exhibit 4.
7. Other factors found to be relevant to satisfy the requirements of this Chapter.
See Findings of Fact.
Findings of Fact
Agenda Information Sheet
June 5, 2012
Page 9
1.Downtown University Core
by the Denton Plan.
2.The property is located within a DC-G zoning district.
3.The approximately 0.33 acre subject property is located north of Mulberry Street, west of
Austin Street, south of Walnut Street, and east of Locust Street.
4.The property is within the Downtown Master Plan study area as well as the DTIP area.
5.Both the Downtown Master Plan and the DTIP envision Downtown Denton as a
pedestrian friendly environment.
6.
corridor.
7.The property is currently undeveloped.
8.Pursuant to Section 35.6.5 of the DDC, the City Council may impose conditions that are
in addition to the standards required in the DDC.
9.With the following recommended conditions, staff finds that the proposed use is
consistent with the goals and vision for Downtown Denton.
The applicant shall have the ingress and egress driveways located off Austin
Street as shown in Exhibit 3; and
The applicant shall provide and maintain the landscaping as depicted in Exhibit 4.
10.There are no presences of Environmentally Sensitive Areas (ESAs) or FEMA floodplain
areas within the subject property.
11.No additional infrastructure or supporting facilities are required to support the proposed
ATMs.
DEVELOPMENT REVIEW COMMITTEE
Based on the criteria for granting SUPs, information provided by the applicant, and recent site
IS CONSISTENT
visits, the Development Review Committee finds that the request with the
IS CONSISTENT
surrounding land uses and general character of the area, with the Denton
IS CONSISTENT
Plan, and with the Denton Development Code. Based on the above, the DRC
APPROVAL
recommends of S11-0004.
General Notes:
Agenda Information Sheet
June 5, 2012
Page 10
1.Approval of this request shall not constitute a waiver or variance from any applicable
development requirement unless specifically noted in the conditions of approval and
consistent with the Denton Development Code.
2.All written comments made in the application and subsequent submissions of information
made during the application review process, which are on file with the City of Denton,
shall be considered to be binding upon the applicant, provided such comments are not at
variance with the Denton Plan, Denton Development Code or other development
regulations in effect at the time of development.
Surrounding Zoning Designations and Current Land Use Activity:
Northwest: North: Northeast:
Downtown Commercial General Downtown Commercial General Downtown Commercial General
(DC-G) (DC-G) (DC-G)
Retail/Restaurant Office/Bank Parking Lot
West: Subject Property: East:
Downtown Commercial General Downtown Commercial General Downtown Commercial General
(DC-G) (DC-G) (DC-G)
Retail/Office Undeveloped Parking Lot
Southwest: South: Southeast:
Downtown Commercial General Downtown Commercial General Downtown Commercial General
(DC-G) (DC-G) (DC-G)
Restaurant Church Church
Source: City of Denton Geographical Information System and site visit by City staff.
Compatibility with Surrounding Land Uses:
The property is located within a DC-G zoning district and is currently undeveloped. Adjacent
uses include retail, office, restaurant, church, and parking lot. Staff finds that the proposed
ATMs is compatible with the surrounding land uses.
Comprehensive Plan:
A.Consistency with Goals, Objectives and Strategies:
The subject property is Downtown University Core
Denton Plan. With the following recommended conditions, staff finds that the proposed use is
consistent with the goals of the Denton Plan.
1.The applicant shall have the ingress and egress driveways located off Austin Street as
shown in Exhibit 3; and
2.The applicant shall provide and maintain the landscaping as depicted in Exhibit 4.
Agenda Information Sheet
June 5, 2012
Page 11
B.Land Use Analysis:
Pursuant to Section 35.5.3.2 of the DDC, Drive-through Facilities proposed in a DC-G zoning
district is permitted only with an approved SUP.
Fire and EMS:
This SUP application has been reviewed for compliance with the 2006 International Fire Code
and City Ordinance 2009-098, Section 29-2 Amendments to the Fire Code. The applicant is
responsible for compliance with all applicable portions of the Fire Code and City Ordinances
even in the absence of review comments.
Water and Wastewater Demand and Capacity:
A. Estimated Demand and Service Provider:
The estimated water or wastewater demands associated with the proposed parking lot and ATMs
can be provided by the City.
B. Available Capacity:
distribution and wastewater collection systems.
C. CIP Planned Improvements:
There are no planned public improvements for the water and sanitary sewer facilities serving the
subject property.
Roadways/Transportation Network:
A. Estimated Demand:
The proposed ATMs will not result in any significant traffic demand.
B. Available Capacity:
Mulberry Street, Austin Street, Walnut Street, and Locust Street have the capacity to
accommodate the proposed ATMs.
C. Roadway Conditions:
Mulberry Street, Austin Street, Walnut Street, and Locust Street are improved surface roadways.
Agenda Information Sheet
June 5, 2012
Page 12
D. CIP Planned Improvements:
There are no planned public improvements for the roadways/transportation network serving the
subject property.
Environmental Conditions:
There are no presences of FEMA floodplain areas or Environmentally Sensitive Areas (ESAs)
within the subject property.
Wells (Public/Private):
No public or private portable water wells are proposed for the subject property.
Airports:
The property is not within the boundaries of the Denton Municipal Airport Overlay District.
Electric:
The property is served by DME. The estimated electric demands associated with the proposed
parking lot and ATMs can be provided by DME.
Park Facilities:
The proposed ATMs will not result in any increase in park demands.
Comments from other Governmental Agencies:
None.
Exhibit 1
Location Map
Exhibit 2
Zoning Map
3311 Elm Street
Suite 105
Dallas, TX 75226
January 6, 2012 Revised
City of Denton
Planning & Development Department
221 N Elm
Denton, TX 76201
RE: Specific Use Permit for proposed Wells Fargo ATM at S. Locust St, E. Walnut, Austin, Mulberry
On behalf of Wells Fargo we are requesting a Specific Use Permit (SUP) in developing their property located
between Locust, Walnut, Austin, and Mulberry Streets in downtown Denton for the purpose of constructing a
new parking lot facility with two ATM Drive Up units. This new parking lot will be located next to their existing
Regional Offices that are located at 101 S. Locust.
Wells Fargo in the past had utilized this site as a multi floor parking garage that had been removed several
years back. The current condition of the site is a landscaped lawn maintained by Wells Fargo with sidewalks
located on each street front. The landscape consists only of a grassy area without any trees or shrubs. The
site currently has electrical and water service in maintaining the landscape.
In developing this site Wells Fargo is looking to replace existing banking services currently provided to the
customers at their sixteen lane motor bank located at the SW corner of Sycamore and Locust. With this
facility scheduled for sale and demolition, Wells Fargo would like to develop the proposed new site to handle
customer needs. The additional parking will provide easy access to the Branch Bank located on the first floor
at 101 S. Locust. The new ATM Drive Thru’s units will allow retail customers the ability to complete some
banking transactions without leaving their vehicles. This proposed site conforms to the requirements stated
in the City of Denton’s development requirement subchapter 35.6.4 as follows:
A. The use of this site will be developed to conform to the zoning standards for the Downtown
Commercial General District (DC-G). This proposed parking lot will be constructed to add
additional parking space to support Wells Fargo Regional Offices at 101 S. Locust. In zoning
DC-G no set back or minimal lot size is required. With no buildings being constructed on site
height and size requirements are not applicable. The minimum landscape requirement for DC-G
zoning district of 15% is met in our design.
B. 1. In meeting the landscape requirement for this site (13) new trees and (149) shrubs will
be added to a lot with only a lawn area. The buffer that the trees and shrubs will create
will screen the parking and ATM units (see attached PDF. Units are 5’-10” wide by 9’-3”
high).
2. In the design of the proposed ATM Drive Thru site the location of the access drives have
been located to minimize disruption to the surrounding properties. The adjacent parking
lot to the East does not have drives located along S. Austin that conflict with the new
site’s proposed drives. The location of the Drive-up ATMs on the site allows for all
stacking (5 car minimum each lane) to be maintained on the property.
3. Since the site had been previously developed by Wells Fargo the required utilities for the
ATM’s, site lighting and watering of landscape are currently located at the site.
214.742.6044 214.742.6041 sgdesign.biz
officefax
3311 Elm Street
Suite 105
Dallas, TX 75226
4. The new proposed site has been designed for vehicles to either park or use the ATM’s
and then exit. The ATM vehicle traffic will enter from the north drive along S. Austin and
then exit thru an adjacent exit only south drive. With this site design traffic is moved
away from S. Locust which is a higher traffic area for pedestrians.
5. With the installation of hundreds of Drive-up ATM’s across Texas, Wells Fargo has not
experienced any issues with nuisances from these installations. The new ATM to be
installed are equipped to turn off any noise from the ATM if needed.
6. Site lighting will be installed for the parking and ATM requirements. Though the State of
Texas by law requires a 10 foot candle level at 5 feet from the ATM and a 2 foot level
candle at the property line, cut off shields will be installed on the site light fixture to avoid
light bleeding over the property line.
7. Please see note A and B1 regarding landscape screening and coverage.
C. The use of the site will not effect or required additional infrastructure to support proposed site.
D. 1. With the proposed use for this site and the design layout, its scale will not feel out of
place.
2. With the use of this site replacing the much larger motor bank within a couple of blocks
of this location, there should not be any affect to current traffic generated for this use.
3. Architectural compatibility to surrounding area is considered non applicable since no
building will be constructed.
4. The use of this site will not create any further environmental issues.
5. See note B5 and B6 regarding lighting and noise issues.
In developing this site both Wells Fargo and SGDesign will continue to be open to any suggestions or
comments regarding this submittal. We look forward to working with the City of Denton regarding this site for
Wells Fargo.
Sincerely,
John Schlueter - Principal
SGDesign, Inc.
js@sgdesign.biz
214.742.6044 214.742.6041 sgdesign.biz
officefax
Exhibit 7
Notification Information Map
Public Notification Date: April 25, 2012
200 ft. Legal Notices sent via certified mail: 10
500 ft. Certified Notices sent via regular mail: 108
Number of responses to 200 Legal Notice
In opposition: 0
In Favor: 0
Neutral: 0
1 200 East Abram Street, Arlington, Texas 76010
2 Applicant McInnis was present, but did not provide a presentation. Chairman Thomas closed the
3 Public Hearing.
4
5 Commissioner Jean Schaake motioned, Commissioner Thom Reece seconded to approve this
6 item. Motion approved (6-0).
7
B. Hold a public hearing and consider making a recommendation to Cia
Specific Use Permit (SUP) to allow two Drive-through Facilities (ATMs). The
approximately 0.33 acre subject property, commonly known as Block 9 of the Old Towne
Denton Addition is located north of Mulberry Street, west of Austin Street, south of Walnut
Street, and east of Locust Street. The subject property is located within the Downtown
Commercial General (DC-G) zoning district. (S11-0004, WF Denton ATM, Ron Menguita)
8
9 Menguita provided a brief background on this item, and stated this is a request for a Special Use
10 Permit to allow two Drive-through Facilities (ATMs) and a commercial parking lot. The
11 property is located within the Downtown Commercial General zoning district, the lot will only
12 be for the two ATMs and additional parking for the general public, and the Wells Fargo
13 building. This ATMs and commercial parking lot is being propose
14 of the Wells Fargo Motor Bank, at the northwest corner of Sycamore Street and Locust Street.
15 All access to this lot will be off of Austin Street, the site would be landscaped, and would need to
16 be provided and maintained. Menguita stated staff recommends approval of this request with the
17 following conditions: the applicant shall have the ingress and egress driveways located off of
18 Austin Street as shown in Exhibit 3; and the applicant shall provide and maintain the proposed
19 landscaping as proposed in Exhibit 4. Menguita stated public notices were sent to residents and
20 property owners within 200 feet of the subject property, there were 10 notices sent to properties
21 within 200 feet, and 108 sent to properties within 500 feet. At this time staff has not received any
22 responses back from the mailed notices.
23
24 John Schlueter, applicant representing Wells Fargo
25 3311 Elm Street, Suite 105, Dallas, Texas 75226
26
27 Schlueter stated the main purpose of this proposal is due to the Wells Fargo Motor Bank on
28 Sycamore Street and Locust Street closing down. The Motor Bank is a 16 lane bank, which
29 processes approximately 4500 transactions a month. Schlueter stated they have adjusted the sizes
30 of the ATMs in order to fit accordingly to the area. Chairman Thomas closed the Public
31 Hearing.
32
33 Commissioner Thom Reece motioned, Commissioner Brian Bentley seconded to approve this
34 request. Motion approved (6-0).
35
AGENDA INFORMATION SHEET
AGENDA DATE:
June 5, 2012
DEPARTMENT:
Planning and Development
ACM:
Fred Greene
SUBJECT
S11-0005 Wind Turbines-Roselawn
Hold a public hearing and consider adopting an ordinance of the City of Denton, Texas,
regarding a Specific Use Permit (SUP) to allow two Wind Energy Conversion Systems (WECS).
The approximately 70.6 acre subject property, commonly known as Lot 3 of the Sorrells-
McBride Acres Addition is located south of Roselawn Drive and west of the T&P Railroad right-
of-way; located within a Neighborhood Residential 2 (NR-2) zoning district; and providing for a
penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective
date. The Planning and Zoning Commission recommends approval (6-0).
PROPOSAL
The applicant, Randy Sorrells, is requesting an SUP to install two monopole WECS that will be
approximately 52 feet tall, and located on a site that is within a NR-2 zoning district. Please see
Exhibit 3 and 4. Pursuant to Section 35.5.2.2 of the Denton Development Code (DDC), WECS
are permitted in the NR-2 zoning district with an approved Specific Use Permit (SUP).
BACKGROUND
On May 17, 2011, the City Council adopted Ordinance 2011-088 to allow via Section 26-116 of
the Municipal Code, and established zoning districts where both Free-standing Monopole
Support Structure and Building-mounted WECS may be located in the City. The WECS
ordinance is presented in this staff report as Exhibit 8. There are two key components of the
ordinance that affect the subject SUP application.
The first key component is the establishment of a maximum height limit for WECS by zoning
districts. The established maximum WECS height in the NR-2 zoning district is 55 feet. This
established maximum height limit allows the applicant to install the two monopole WECS, both
approximately 52 feet tall, without the need to obtain a variance from the ZBA. The second key
component is the requirement of an approved SUP for certain zoning districts to install WECS.
Pursuant to Section 35.5.2.2 of the DDC, WECS proposed in the NR-2 zoning district is
permitted only with an approved SUP.
Public notices were sent to residents and property owners within 200 feet of the subject property,
see Exhibit 6. As of this writing, staff has received five responses to the Notice of Public
Hearing. One property owner is in opposition of the SUP request and provided letters to staff
explaining her opinion of the WECS, see Exhibit 7. One property owner is neutral of the SUP
request. The other three property owners are in favor of the SUP request.
Agenda Information Sheet
June 5, 2012
Page 2
PRIOR ACTION/REVIEW
April 25, 2011 Zoning Board of Adjustment
May 9, 2012 Planning and Zoning Commission Public Hearing
OPTIONS
1.Approve as submitted.
2.Approve with conditions.
3.Deny.
4.Postpone consideration.
5.Table item.
RECOMMENDATION
approval
P&Z recommends of the proposed SUP request (6-0), subject to the
following condition:
The sound pressure levels shall not exceed fifty decibels (50 dBA), nor
shall they exceed a seventy-two (72) hour ambient noise level measured
from the property line closest to the WECS.
approval
The Development Review Committee recommends of the proposed SUP
request.
EXHIBITS
1.Location Map
2.Zoning Map
3.Proposed Location of the Monopole WECS
4.Graphic Elevations of the Proposed Monopole WECS from the Applicant
5.Letter from Applicant
6.Notification Information Map
7.Responses from Public Hearing Notice
8.WECS Ordinance
9.Planning and Zoning Commission Meeting Minutes (May 9, 2012)
10.Draft Ordinance
Agenda Information Sheet
June 5, 2012
Page 3
Prepared by:
Ron Menguita, AICP
Development Review Liaison
Respectfully submitted:
Mark Cunningham, AICP, CPM
Director, Planning and Development
Department
Agenda Information Sheet
June 5, 2012
Page 4
CITY OF DENTON
PLANNING AND ZONING COMMISSION
STAFF REPORT
DRC Date: February 24, 2012 CASE #: S11-0005
P&Z Date: May 9, 2012 DDC SECTION: 35.5.2.2
Project Number:
S11-0005
Request:
The applicant is requesting an SUP to install two monopole WECS
that will be approximately 52 feet tall, and located on a site that is
within a NR-2 zoning district, see Exhibit 3 and 4. Pursuant to
Section 35.5.2.2 of the DDC, WECS located in a NR-2 zoning
district is permitted only with an approved Specific Use Permit
(SUP).
Applicant/Property
Randy Sorrells
Owner:
3501 Roselawn Drive
Denton, TX 76205
Location:
3501 Roselawn Drive
Size:
70.6 acres
Existing Zoning
Designation:
Neighborhood Residential 2 (NR-2)
Future Land Use:
Neighborhood Centers
Case Planner:
Ron Menguita, AICP
DRC Recommendation: approval
The Development Review Committee recommends of
the proposed SUP request.
Summary of Analysis:
Pursuant to Section 35.5.2.2 of the DDC, WECS located in a NR-2 zoning district is permitted
only with an approved SUP.
Pursuant to Section 35.6.4, a Specific Use Permit may be granted if the City Council finds that
the proposed use conforms, or can be made to conform through the imposition of conditions,
with the following approval criteria.
Agenda Information Sheet
June 5, 2012
Page 5
A. That the use would be in conformance with all standards within the zoning district in
which the use is proposed to be located, and in conformance with the Denton Plan and
federal, state, or local law.
Obtaining an approved SUP is the first step in order to install the proposed monopole WECS.
If the SUP is granted, the proposed use would be allowed within the subject property;
however, the applicant in addition must obtain a WECS permit from the Building Division
demonstrating that all standards within the DDC and the general regulations in Section 26-
116 of the Municipal Code have been met.
The proposed monopole WECS is in conformance with the Denton Plan. One way of being
able to meet the power demand of a growing population in a cost-effective manner is through
the use of alternative power, such as monopole WECS.
B. A specific permit shall be issued only if all of the following conditions have been met:
1. That the specific use will be compatible with and not injurious to the use and
enjoyment of other property nor significantly diminish or impair property values within
the immediate vicinity;
The proposed monopole WECS will be compatible with and not injurious to the use and
enjoyment of other properties. The subject property is approximately 70.6 acres. The
location of the monopole WECS are setback from existing uses in conformance with
Section 26-116 of the Municipal Code. The proposed monopole WECS is approximately
250 feet from the northern property line, 475 from the western property line, 450 from
the eastern property line, and approximately 1,875 feet from the southern property line,
see Exhibit 3.
2. That the establishment of the specific use will not impede the normal and orderly
development and improvement of surrounding vacant property;
The subject property is platted and within an established rural residential neighborhood.
The granting of the SUP will not impede the normal and orderly development and
improvement of surrounding vacant properties.
3. That adequate utilities, access roads, drainage and other necessary supporting facilities
have been or will be provided;
The DRC has reviewed the proposed project and determined that adequate utilities,
access roads, drainage and other necessary supporting facilities will be provided. No
additional supporting facilities are required to support the proposed monopole WECS.
4. The design, location and arrangement of all driveways and parking spaces provides for
the safe and convenient movement of vehicular and pedestrian traffic without
adversely affecting the general public or adjacent developments;
Agenda Information Sheet
June 5, 2012
Page 6
The proposed monopole WECS will not affect the design, location and arrangement of
any driveway or parking space.
5. That adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise and vibration;
If the SUP is granted, the applicant must obtain a WECS permit from the Building
Division demonstrating that all standards within the DDC and the general regulations in
Section 26-116 of the Municipal Code have been met. Section 26-116 of the Municipal
Code includes development regulations regarding the following items, but not limited to:
Zoning
Interconnection
Construction
Location and Setback
Sound Pressure Levels
Lights
Signs
Screening
Electronic Interference
Color
Braking
Grounding and Shielding
Flicker and Blade Glint
Abandonment
All standards within the DDC and the development regulations outlined in Section 26-
116 of the Municipal Code must be met prior to a WECS permit being issued.
6. That directional lighting will be provided so as not to disturb or adversely affect
neighboring properties; and
No exterior lighting is proposed with the monopole WECS. If lighting is required by the
FAA, the applicant must comply with the regulations provided in Section 26-116 (h) of
the Municipal Code.
7. That there is sufficient landscaping and screening to ensure harmony and
compatibility with adjacent property.
No exterior screening is proposed with the monopole WECS. Section 26-116 of the
Municipal Code was drafted to ensure harmony and compatibility with adjacent
properties. Regulations in Section 26-116 regarding location and setback, sound pressure
levels, lights, signs, electronic interference, color, and flicker and blade glint will
minimize the impact to adjacent properties.
Agenda Information Sheet
June 5, 2012
Page 7
C. That adequate capacity of infrastructure can and will be provided to and through the
subject property.
The DRC has reviewed the proposed project and determined that adequate capacity of
infrastructure can and will be provided to and through the subject property. No additional
infrastructure is required to support the proposed monopole WECS.
D. That the Special Use is compatible with and will not have an adverse impact on the
surrounding area. When evaluating the effect of the proposed use on the surrounding
area, the following factors shall be considered in relation to the target use of the zone:
1. Similarity in scale, bulk, and coverage.
The height of the proposed monopole WECS is 52 feet. The maximum WECS height in
the NR-2 zoning district is 55 feet. The proposed 52 feet is in conformance with the
maximum WECS height requirement found in the DDC.
2. Generation of traffic and effects on surrounding streets. Increases in pedestrian,
bicycle, and mass transit use are considered beneficial regardless of capacity of
facilities.
The proposed monopole WECS will not result in additional traffic or effect surrounding
streets.
3. Architectural compatibility with the impact area.
Regulations in Section 26-116 of the Municipal Code regarding location and setback,
signs, color, and flicker and blade glint will minimize the impact to adjacent properties.
4. Air quality, including the generation of dust, odors, or other environmental pollutants.
The proposed monopole WECS will not emit dust, odor, fumes, or vibration.
Regulations regarding location and setback, sound pressure levels, and electronic
interference will minimize the impact to adjacent properties.
5. Generation of noise, light, and glare.
Regulations in Section 26-116 of the Municipal Code regarding location and setback,
sound pressure levels, lights, electronic interference, and flicker and blade glint will
minimize the impact to adjacent properties.
6. The development of adjacent properties as envisioned in The Denton Plan.
Agenda Information Sheet
June 5, 2012
Page 8
The proposed monopole WECS is in conformance with the Denton Plan. One way of
being able to meet the power demand of a growing population in a cost-effective manner
is through the use of alternative power, such as monopole WECS.
7. Other factors found to be relevant to satisfy the requirements of this Chapter.
According to a licensed professional engineer, the proposed monopole WECS were
designed to meet a 90-mph 3-second gust wind speed and a 3/4
wind loading of 40-mph 3-second gust. According to a licensed professional engineer,
this meets the minimum design loads for buildings and other structures and the 2006
International Building Code, see Exhibit 5.
Findings of Fact
1.
Denton Plan.
2.The subject property is located within a Neighborhood Residential 2 (NR-2) zoning
district.
3.The approximately 70.6 acre property is located south of Roselawn Drive and west of the
T&P Railroad right-of-way.
4.On December 2, 2010, the applicant submitted a permit to construct two separate
foundations. The work approved under this permit was only for the foundations for the
monopole WECS.
5.On February 14, 2011, the applicant submitted a request for a variance from Section
35.5.2.3 of the DDC regarding the maximum building height for two proposed monopole
WECS.
6. request was denied by the ZBA.
7.On May 17, 2011, the City Council approved the WECS ordinance which included
development regulations in Section 26-116 of the Municipal Code and defined zoning
districts where both Free-standing Monopole Support Structure and Building-mounted
WECS should be located in the DDC.
8.The applicant is proposing to install two monopole WECS that are both approximately 52
feet tall.
9.The criteria for approval of a Specific Use Permit per Section 35.6.4 have or will be met.
Agenda Information Sheet
June 5, 2012
Page 9
10.No other plan is subject to the proposed project. The subject property is not in the Denia
Neighborhood boundary. The southern boundary of the Denia Neighborhood is
Roselawn Drive.
11.The subject property is developed with a single-family home.
12.Adjacent uses consist of single-family homes to the north and east, gas well development
to the west and south, and railroad lines to the southeast.
13.Adjacent zoning to the northwest is Neighborhood Residential 4 (NR-4). Adjacent
zoning to the northeast and southeast is Neighborhood Residential 2 (NR-2). Adjacent
zoning to the east and southeast are Industrial Center Employment (IC-E) and
Employment Center Industrial (EC-I).
14.There are presences of Environmentally Sensitive Areas (ESAs) and FEMA floodplain
areas within the subject property. The location for the proposed monopole WECS are
outside the ESA and FEMA floodplain areas.
15.No additional infrastructure or supporting facilities are required to support the proposed
monopole WECS.
DEVELOPMENT REVIEW COMMITTEE
Based on the criteria for granting variances, information provided by the applicant, and recent
IS CONSISTENT
site visits, the Development Review Committee finds that the request with
IS CONSISTENT
the surrounding land uses and general character of the area, with the Denton
IS CONSISTENT
Plan, and with the Denton Development Code.
APPROVAL
Based on the above, the DRC recommends of S11-0005. Variances are granted for
properties that are unique and cannot otherwise develop under existing conditions. No special
circumstances or conditions apply to the subject property for which the variance is sought.
General Notes:
1.Approval of this request shall not constitute a waiver or variance from any applicable
development requirement unless specifically noted in the conditions of approval and
consistent with the Denton Development Code.
2.All written comments made in the application and subsequent submissions of information
made during the application review process, which are on file with the City of Denton,
shall be considered to be binding upon the applicant, provided such comments are not at
variance with the Denton Plan, Denton Development Code or other development
regulations in effect at the time of development.
Surrounding Zoning Designations and Current Land Use Activity:
Agenda Information Sheet
June 5, 2012
Page 10
Northwest: North: Northeast:
Neighborhood Residential 4 (NR-4) Neighborhood Residential 2 (NR-2) Neighborhood Residential 2 (NR-2)
Vacant Single Family Home Single Family Home
West: Subject Property: East:
Neighborhood Residential 2 (NR-2) Neighborhood Residential 2(NR-2) Industrial Center Employment
Gas Well Development Single Family Home (IC-E)
Gas Well Development/
Railroad/Vacant
Southwest: South: Southeast:
Neighborhood Residential 2 (NR-2) Neighborhood Residential 2 (NR-2) Employment Center Industrial(EC-I)
Vacant Vacant Railroad/Vacant
Source: City of Denton Geographical Information System and site visit by City staff.
Compatibility with Surrounding Land Uses:
The subject property is located within a Neighborhood Residential 2 (NR-2) zoning district and
is developed with a single-family home. Adjacent uses include single-family homes and gas
well developments.
Comprehensive Plan:
A.Consistency with Goals, Objectives and Strategies:
Plan. Staff finds that the proposed monopole WECS is consistent with the Denton Plan. One
way of being able to meet the power demand of a growing population in a cost-effective manner
is through the use of alternative power, such as monopole WECS.
B.Land Use Analysis:
Staff finds that the proposed monopole WECS is compatible with the surrounding land use.
Fire and EMS:
This SUP application has been reviewed for compliance with the 2006 International Fire Code
and City Ordinance 2009-098, Section 29-2 Amendments to the Fire Code. The applicant is
responsible for compliance with all applicable portions of the Fire Code and City Ordinances
even in the absence of review comments. Further review comments will be provided upon
receipt of more detailed plans submitted as part of a WECS permit. A WECS permit is required
prior to the installation of the proposed monopole WECS.
Water and Wastewater Demand and Capacity:
A. Estimated Demand and Service Provider:
Agenda Information Sheet
June 5, 2012
Page 11
There is no water or wastewater demands associated with the proposed monopole WECS.
B. Available Capacity:
distribution and wastewater collection systems.
C. CIP Planned Improvements:
There are no planned public improvements for the water and sanitary sewer facilities serving the
subject property.
Roadways/Transportation Network:
A. Estimated Demand:
The proposed monopole WECS will not result in any significant traffic demand.
B. Available Capacity:
Roselawn Drive has the capacity to accommodate this proposal.
C. Roadway Conditions:
Roselawn Drive is an unimproved surface roadway.
D. CIP Planned Improvements:
There are no planned public improvements for the roadways/transportation network serving the
subject property.
Environmental Conditions:
There are presences of Environmentally Sensitive Areas (ESAs) and FEMA floodplain areas
within the subject property. The location for the proposed monopole WECS are outside the ESA
and FEMA floodplain areas.
Wells (Public/Private):
No public or private portable water wells are proposed for the subject property.
Airports:
The subject site is not within the boundaries of the Denton Municipal Airport Overlay District.
Electric:
The subject property is served by TXU.
Agenda Information Sheet
June 5, 2012
Page 12
Park Facilities:
The proposed monopole WECS will not result in any increase in park demands.
Comments from other Governmental Agencies:
None.
Exhibit 1
Location Map
Exhibit 2
Zoning Map
Exhibit 3
ProposedLocation of the Monopole WECS
[;m;7
ProposedLocations
Exhibit 4
GraphicElevations of the Proposed Monopole WECS from the Applicant
Exhibit 5
Letter from the Applicant
Exhibit 6
Notification Information Map
Public Notification Date: April 25, 2012
200 ft. Legal Notices sent via certified mail: 15
500 ft. Certified Notices sent via regular mail: 16
Number of responses to 200 Legal Notice
In opposition: 1
In Favor: 3
Neutral: 1
1
C. Hold a public hearing and consider making a recommendation to Cia
Specific Use Permit (SUP) to allow two Wind Energy Conversion Systems (WECS). The
approximately 70.6 acre subject property, commonly known as 3501
located south of Roselawn Drive and west of the T&P Railroad right-of-way. The subject
property is located within a Neighborhood Residential 2 (NR-2) zoning district. (S11-0005,
Wind Turbines-Roselawn, Ron Menguita)
2
3 Menguita provided a brief background on this item, on May 17, 20
4 the Ordinance 2011-088 to allow Section 26-116 of the Municipal Code. This allowed zoning
5 districts to permit both Free-Standing Monopole Support Structure and Building-mounted Wind
6 Energy Conversion Systems (WECS) in the City of Denton. This Special Use Permit would be to
7 install two Monopole WECS on the subject property. Menguita provided the proposed location
8 of the two Monopole WECS, along with the dimensions of the poles. The proposed Monopole
9 will be approximately 52 feet from the ground to the top of the spinning blades. This proposed
10 Special Use Permit (SUP) is the first step in order to install the proposed Monopole; a building
11 permit would also be required through the Building Inspections Division. Menguita stated 15
12 public notices were sent to residents and property owners within 200 feet of the subject site, and
13 16 notices sent within 500 feet of the subject site. Of the notices mailed, one was returned neutral
14 to this SUP request, and one was returned opposed to this request.
15
16 Schaake questioned if the Monopoles are going to be built, or if
17 constructed. Menguita stated these were applied for about 1 ½ years ago; however, the City of
18 Denton did not have the correct relations to this type of request. They were processed as an
19 accessory structure at the time, the applicant pursued a zoning variance; however, it was denied.
20 The Monopoles were installed before time, and were removed after they went before the Zoning
21 Board of Adjustments. The applicant was directed after the approval of the ordinance at City
22 Council to apply and receive an approved SUP. Schaake questioned if the Monopoles are
23 functioning at this time, Menguita stated they are not functioning. Schaake questioned the
24 purpose of the WECS; Menguita stated they are to generate electric to the property.
25
26 Randy Sorrells, property owner
27 3501 Roselawn Drive, Denton, Texas
28
29 Sorrells stated he is the property owner, and a dealer for the Skystream for North Texas, Sorrells
30 stated when he became a dealer the City of Denton did not have this request in the code. Sorrells
31 stated he helped staff write the code to allow WECS, during that time, two wind turbines were
32 installed and permits were applied for, approved, and inspected. The maximum noise put off
33 from the turbines if you are standing at the base of the turbine is 45 decibels. Sorrells stated he
34 has had one neighbor complain, but has also had another neighbor stand on his property and did
35 not complain. Sorrells stated it would take approximately 12-13 years to receive the money back
36 from these turbines. Bentley questioned if the turbines would be different than the originals that
37 were installed and removed. Sorrells stated he is due for an upgrade on the turbine, and the new
38 turbine will produce twice the amount of energy as the original turbine; in addition, it would only
39 take approximately 7 years to receive the money back versus the 12-13 year from the originals.
40
1 Lee Anne Todd
2 3316 Roselawn Drive, Denton, Texas
3
4 Todd stated she is in opposition of this request. Todd stated she attended the Planning and
5 Zoning Commission meeting in April of 2011, with the understanding that Sorrells had the
6 appropriate permits. Todd stated the turbines are putting off a high pitched sound when the wind
7 blows, Todd stated she addressed Sorrells several times to correct this problem. Todd stated
8 Sorrells has had several issues with these turbines, and has continued to run the generators
9 without correcting the issues. Todd stated the turbines do not appear to be placed appropriately
10 on the property.
11
12 Thomas questioned Sorrells if 10 feet would make a difference on the noise, Sorrells stated no,
13 30 miles per hour is the maximum amount of power put out from the turbine. Thomas questioned
14 Todds statement in regards to the location of the turbines on the property; Menguita provided a
15 site plan for the subject property indicating the exact locations of the two turbines. Menguita
16 stated Todds property is approximately 1000 feet away from the subject property. Schaake
17 questioned if the turbines are functioning, Menguita stated it was up until the SUP, and then was
18 informed by the City to remove the turbines, at that time the only process was the SUP. Bentley
19 questioned when they were actually removed, Menguita stated he is unaware. Sorrells stated in
20 April 2011 the slab was poured, Bentley questioned if the turbines were installed after the denial,
21 and Sorrells stated they were standing during that time. Sorrells stated they were functioning o
22 and off for approximately 5 months. Sorrells stated the turbines were removed within one week
23 of the request by the City to remove them. Chairman Thomas closed the Public Hearing.
24
25 Bentley stated with the draft ordinance was being processed there was a 90 day time period to
26 comply with repairs to the turbines, or the removal of the turbine, this did not comply with the 90
27 day time period. Conner questioned if Sorrells gets reimbursed for the unused energy that gets
28 placed back in the grid, Sorrells stated that is correct. Sorrells stated he is not sure if it was July
29 or August when the City of Denton acted on the code adoption, at which time that would have
30 been within the 90 day time period. Sorrell stated it had to be processed through the legal
31 department, which was months later. Leal stated any changes to the Denton Development Code
32 is considered penal ordinances, the ordinance cannot take effect until 14 days. Leal stated May
33 31, 2011 would have been the legal adopted date, unless there are changes made. Bentley stated
34 the ordinance stated it required to be removed by 90 days; the turbine was constructed in April,
35 2011. Leal stated he does not remember the order in which these occurred, the application was
36 denied, at that time the base was constructed; however, the tower was not standing, Sorrells was
37 requesting a variance from the City of Denton. Bentley questioned if the turbine was within the
38 height restrictions, Sorrells stated he did not use the shorter turbine, with the trees on the
39 property he was suggested not to use the shorter turbine. Taylor questioned Leal if the
40 noncompliance from the applicant could depend on the terms of this approval. Leal if you are
41 using the example that there is noise from the turbine then that conduct could be addressed in a
42 motion to approve an SUP, with a mentioned timeframe. Taylor questioned if this Commission
43 has any enforcement role, Leal stated no; if there is a violation that is something the Code
44 Enforcement Division would address. If the violation is tied to conditions on the SUP, there are
45 provisions that could allow the City of Denton to revoke the SUP. Thomas closed the Public
46 Hearing.
1 Taylor stated he would like to motion to approve the SUP and to inform the neighbors if the
2 noise is a problem they possibly have a way to have the SUP revoked. Bentley stated since the
3 issue is the noise level that should be placed in the motion.
4
5 Commissioner Devin Taylor motioned, Commissioner Frank Conner seconded to approve this
6 request with the condition that sound pressure levels are not to exceed 50 decibels, and the 72
7 hour ambient noise level measured from the property line closest to the WECS. Motion approved
8 (6-0).
9
10
6. FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act,
respond to inquiries from the Planning and Zoning Commission or the public with specific
factual information or recitation of policy, or accept a proposal to place the matter on the
agenda for an upcoming meeting.
11
12 Commissioner Devin Taylor stated he would like to setup a temporary committee to meet before
13 the meetings with staff, approximately two weeks before the scheduled meeting for discussion
14 before the actual Work Session. Chairman Thomas stated he would like to see staff work with
15 those Commissioners on this request. There were no future agenda items discussed.
16
17 Chairman Thomas adjourned the meeting at 8:15 p.m.
AGENDA INFORMATION SHEET
AGENDA DATE: June 5, 2012
DEPARTMENT: Planning and Development
ACM: Fred Greene
SUBJECTPruett Property Rezoning (Z12-0001)
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
providing for a zoning change from Neighborhood Residential 4 (NR-4) zoning district
classification and use designation to Community Mixed Use General (CM-G) zoning district
classification and use designation, on 7.12 acres, located on the southeast corner of the
intersection of F.M. 428/Sherman Road and Hartlee Field Road, in the City of Denton, Denton
County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations
thereof; providing a severability clause and an effective date. (The Planning and Zoning
Commission recommends approval with a vote of 7-0.)
BACKGROUND
The applicant, Jared Redlin (Allison Engineering Group, Inc.), is requesting the rezoning of
approximately 7.12 acres of land from NR-4 to CM-G. The applicant has indicated that he is
considering several uses for the property including moving his veterinarian business to the site,
relocating his equipment rental business to the site or developing a small commercial center. It
is important to note, however, that if the subject property is rezoned to CM-G as requested, the
property may be developed in accordance with the full use classification and general regulations
associated with the proposed CM-G zoning district.
The site is part of a larger 11-acre tract of which 7.12 acres were annexed into the City in
September of 1974 and given a placeholder zoning designation of Agricultural (A). The subject
property was then initially zoned Neighborhood Residential 4 (NR-4) during the citywide
rezoning in 2002. Additionally, the site was assigned the Future Land Use classification of
Community Mixed Use Centers. However this Future Land Use classification is not compatible
with the -4 zoning district designation.
Six (6) public notices were sent to property owners within 200 feet of the subject site (Exhibit 7).
Seven (7) courtesy notices were also sent to residents within 500 feet of this proposal. As of this
writing, staff has received one (1) written response neutral to this request from property owners
within this boundary area.
PRIOR ACTION/REVIEW
Annexed into the City (Ordinance No. 74-36), September 1974
1.
2.Site was zoned NR-4, February 2002
3. Planning and Zoning Commission on April 25, 2012
Agenda Information Sheet
June 5, 2012
Page 2
OPTIONS
1.Approve as submitted.
2.Approve subject to conditions.
3.Deny.
4.Postpone consideration.
5.Table the item
RECOMMENDATION
APPROVAL
The Planning and Zoning Commission recommended of this application
with a vote of 7-0.
APPROVAL
The Development Review Committee recommends of this rezoning request.
EXHIBITS
1.Staff Report
2.Site Location/Aerial Map
3.Existing Zoning Map
4.Proposed Zoning Map
5.Future Land Use Map
6.Letter from the Applicant
7.Notification Map
8.Site Photos
9.Ordinance
Prepared by:
Cindy Jackson, AICP
Senior Planner
Respectfully submitted:
Mark A. Cunningham, AICP, CPM
Planning and Development Director
EXHIBIT 1
CITY OF DENTON
DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
P&Z Date: April 25, 2012 TYPE: Rezoning
CC Date: June 5, 2012 PROJECT #: Z12-0001
Project Number:
Z12-0001
Request:
7.12± acres of land from Neighborhood Residential 4 (NR-4)
zoning district to Community Mixed Use General (CM-G) zoning
district.
Applicant:
Jared Redlin
Allison Engineering Group, Inc.
4401 N I-35, Suite 102
Denton, TX 76207
Property Owners:
Charles Pruett
P.O. Box 575
Greenwood, TX 76246
Location:
The subject property is located at the southeast corner of the
intersection of Hartlee Field Road and F.M. 428/Sherman Road.
Size:
7.12± acres
Zoning Designation:
Neighborhood Residential 4 (NR-4)
Future Land Use:
Community Mixed Use Center
Case Planner:
Cindy Jackson, AICP
DRC Recommendation:
The Development Review Committee (DRC) recommends
APPROVAL
of Z12-0001.
Summary of Analysis:
The applicant is requesting to rezone the property from the NR-4 zoning district to the CM-G
zoning district. When the site was rezoned during the 2002 citywide rezoning, it was assigned a
zoning designation of NR-designation of
Community Mixed Use Center. The requested CM-G zoning district will bring the site zoning
into compliance with the Future Land Use designation.
A horse ranch is located north of the site, across Hartlee Field Road.
Water Works Park and the DISD Natatorium are located northwest of the subject site. The
property to the west, east and south is undeveloped land and pasture.
Findings of Fact
1.The applicant is requesting to rezone approximately 7.12 acres from Neighborhood
Residential 4 (NR-4) zoning district to Community Mixed Use General (CM-G) zoning
district. The subject site is located within the Community Mixed Use Center future land
use category. The existing NR-4 zoning designation is not compatible with the
Community Mixed Use Center future land use designation. The proposed CM-G zoning is
consistent with the current future land use
2.The property is unplatted. There are no structures located on the subject site.
Prior to the adoption of the DDC in 2002, the site had a placeholder zoning designation
of Agricultural (A). In 2002, the zoning designation was changed to NR-4, which is not
consistent with the future land use.
3.The site is designated as Community Mixed UseCenter on the Future Land Use Map.
The Denton Plan states that Community activity center contains the
shopping, services, recreation, employment, and institutional facilities that are required
and supported by the surrounding community. The applicant has indicated that he is
considering several uses for the property including moving his veterinarian business to
the site, relocating his equipment rental business to the site or developing a small
commercial center. Although the property may be developed in accordance with the full
use classification and general regulations associated with the proposed CM-G zoning
district, this rezoning is consistent with the current future land use.
4.The Community Mixed Use Centers zoning districts are meant
shopping, services, recreation, employment and institutional facilities that are required
and supported by the surrounding community. The proposed CM-G zoning district will
permit the potential uses the applicant is considering, and any uses permitted in
accordance with this zoning classification. The proposed zoning district corresponds
with the existing future land use designation of Community Mixed Use Center.
5.Adequate public facilities shall be a criterion by which zoning is granted.
6.The subject site is not located within an overlay or historic district.
7.There are no identified Environmentally Sensitive Areas (ESA) located on the site.
8.Hartlee Field Road is classified as a Main Street Collector and is required to be
improved upon development.
F.M. 428/Sherman Drive is classified as a Primary Major Arterial. F.M. 428/Sherman
9.
Drive is also a TXDOT owned and maintained street.
10.Water is available by connecting to the existing 16-inch main along FM 428 and
Easement; and extending a 12-Field Road
frontage.
11.Anticipated water demand is approximately 250 (peak)
12.Anticipated wastewater demand is approximately 148 (peak)
13.Anticipated transportation demand is approximately 6,658 trips per day.
Development Review Committee
Based upon the information provided by the applicant and a recent site visit, the Development
IS CONSISTENT
Review Committee finds that the requested zoning district, with the
IS CONSISTENT
surrounding land uses and general character of the area, with the Denton
IS CONSISTENT
Plan, and with the Denton Development Code.
GENERAL NOTES
NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development
requirement unless specifically noted in the conditions of approval and consistent with the Denton
Development Code.
NOTE: All written comments made in the application and subsequent submissions of information made during the
application review process, which are on file with the City of Denton, shall be considered to be binding
upon the applicant, provided such comments are not at variance with the Denton Plan, Denton
Development Code or other development regulations in effect at the time of development.
Surrounding Zoning Designations and Current Land Use Activity:
Northwest: Northeast:
North:
NR-4 ETJ
NR-4
Water Works Park Undeveloped and Veterinarian
Horse Ranch
Natatorium Office
West:
NR-4 and CM-G Subject Property:East:
NR-4 ETJ
, and Undeveloped Undeveloped
undeveloped land
Southwest:South: Southeast:
CM-G CM-G ETJ
Undeveloped Undeveloped land and pasture Pasture
Source: City of Denton Geographical Information System and site visit by City staff
Comprehensive Plan:
A.Consistency with Goals, Objectives and Strategies
Community Mixed Use Center
designation. The Community Mixed Use Center land use designation is meant
the necessary shopping, services, recreation, employment and institutional facilities that are
required and supported by the surrounding community. The proposed zoning designation
for this site is consistent with the future land use designation and therefore the Denton Plan.
B.Land Use Analysis:
The applicant is proposing to rezone the site to the CM-G district to utilize the site for
possible office, retail and commercial uses. These uses are consistent with the proposed
zoning district .
The following tables provide a comparison between the uses permitted in the existing NR-4
district and the requested CM-G district. The differences observed between the two districts
can be attributed to the difference in the very nature of these districts. The NR-4 district is a
single family residential district which permits primarily residential uses, excluding most
commercial uses and all industrial uses; and permitting only those uses institutional uses
which would have a minimal impact on residents. The CM-G district is a commercial district
which excludes single family uses and permits only those types of residential uses which are
compatible with the commercial nature of the district, such as live/work units, dwellings
above businesses and multifamily uses within established limitations.
Residential Land Use Categories NR-4 CM-G
Agriculture P P
Livestock L(7) L(7)
Single Family Dwellings P N
SUP
Accessory Dwelling Units N
L(1)
Attached Single Family Dwellings SUP N
Dwellings Above Businesses N P
Live/Work Units N P
Duplexes L(3) N
Community Homes For the Disabled P P
Group Homes N N
L(6)
Multi-Family Dwellings N
&L(4)
Manufactured Housing Developments N N
P= Permitted, N=not permitted, SUP= Specific Use Permit Required,
L(X) = Limited as defined in Section 35.5.8
Commercial Land Use Categories NR-4 CM-G
Home Occupation P N
Sale of Products Grown on Site N N
Hotels N P
Motels N P
Bed and Breakfast N N
Retail Sales and Service N L(14)
Movie Theaters N N
Restaurant or Private Club N L(14)
Drive-through Facility N P
Professional Services and Offices N P
Quick Vehicle Servicing N P
Vehicle Repair N P
Auto and RV Sales N P
Laundry Facilities N P
Equestrian Facilities N N
Outdoor Recreation P N
Indoor Recreation N P
Major Event Entertainment N N
Commercial Parking Lots N P
Administrative or Research Facilities N P
Broadcasting of Production Studio N P
Sexually Oriented Business N N
Temporary Uses L(38) L(38)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required,
L(X) = Limited as defined in Section 35.5.8
Industrial Land Use Categories NR-4 CM-G
L(25)
Printing / Publishing N
L(25)
Bakeries N
L(25)
Manufacture of Non-odoriferous Foods N
N
Feed Lots N
N
Food Processing N
N
Light Manufacturing N
N
Heavy Manufacturing N
N
Wholesale Sales N
N
Wholesale Nurseries N
N
Distribution Center N
N
Wholesale Storage and Distribution N
N
Self-service Storage N
N
Construction Materials Sales N
N
Junk Yards and Auto Wrecking N
N
Wrecker Services and Impound Lots N
N
Kennels N
P
Veterinary Clinics N
Sanitary Landfills, Commercial Incinerators,
N
N
Transfer Stations
SUP
SUP
Gas Wells
L(27)
L(27)
P= Permitted, N=not permitted, SUP= Specific Use Permit Required,
L(X) = Limited as defined in Section 35.5.8
Institutional Land Use Categories NR-4 CM-G
Basic Utilities L(25) SUP
Community Service N P
Parks and Open Space P P
Churches P P
Semi-public, Halls, Clubs, and Lodges SUP P
Business / Trade School N P
Adult or Child Day Care SUP N
Kindergarten, Elementary School SUP P
Middle School N P
High School N P
Colleges N P
Hospital N N
Elderly Housing N N
Medical Centers N P
Cemeteries N N
Mortuaries N P
WECS (Free-standing Monopole Support
SUP SUP
Structure)
WECS (Building-mounted) SUP SUP
General Regulations NR-4 CM-G
Minimum lot area (square feet)
7,000 2,500
Minimum lot width
50 feet 50 feet
Minimum lot depth
80 feet 50 feet
20 feet
Minimum front yard setback
10 feet
L(2)
Minimum side yard
6 feet None
Minimum side yard adjacent to a street
10 feet None
Minimum rear yard 10 feet
None
10 feet
plus 1
foot for
each foot
Minimum yard when abutting a residential use
of
20 feet
or district
building
height
above 20
feet
Maximum density 4
N/A
Maximum FAR N/A
1.5
Maximum lot coverage
60% 500 SF
Minimum landscaped area
40% 80%
Maximum building height
40 feet 20%
Maximum WECS height
55 feet 65 feet
Limitations
L(3)
= In part of a subdivision of 2 acres or more, up to 2 units may be attached by a
common wall if the lots which contain the attached structures do not abut the perimeter
lot lines of a subdivision, the individual common wall units are on separate lots designed
to be sold individually, and they comply with the Subchapter 13. Additionally, units
must have the appearance of a single family residence from the street.
L(4)
= Multi-family is permitted only:
1.With a Specific Use Permit; or
2.As part of a Mixed-Use Development; or
3.As part of a Master Plan Development, Existing; or
4.If the development received zoning approval allowing multi-family use within
one year prior to the effective date of Ordinance No. _2005-224; or
5.If allowed by a City Council approved neighborhood (small area) plan.
L(7)
= Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional
animals may be added at a rate of one per each acre over three.
L(14)
= Uses are limited to no more than 10,000 square feet of gross floor area
L(25)
= If proposed use is within 200 feet of a residential zone, approval is subject to a
Specific Use Permit
L(27)
= Must comply with the provisions of Subchapter 89, Gas Well Drilling and
Production
L(38)
= Must meet the requirements of Section 35.12.9.
C.Current Zoning District Allocation
Subject Property Future land Use/Zoning allocation
Change Based Upon
7.12 ± acres Current Allocation in the City Developed Allocation
Request
Community Mixed
936.63 acres 538.175 acres + 7.12 acres
Use General
Source: City of Denton
Fire
This submittal has been reviewed for compliance with the 2006 International Fire Code and City
Ordinance 2009-098, Section 29-2 Amendments to the Fire Code. The applicant is responsible
for compliance with all applicable portions of the Fire Code and City Ordinances even in the
absence of review comments.
Water and Wastewater Demand and Capacity:
A. Estimated Demand and Service Provider:
Subject PropertyEstimated Impact Analysis
Adequate to Serve (Yes
7.12 ± acres Proposed Demand
or No)
Permitted Density n/a n/a
Potable Water
Consumption 250 (peak) Yes
(GPM)
Wastewater
148 (peak) Yes
Generation (GPM)
B. Available Capacity:
Water is available by connecting to the existing 16-inch main along FM 428 and extending it
extending a 12-age.
The required water mains may be eligible for City oversize participation. Any City participation
in over sizing of the water main is subject to Public Utilities Board and City Council approval. If
City participation in over sizing is approved, th
the size water main that is necessary to serve this development.
Sanitary sewer is available from the existing 12-inch gravity sewer main that runs along the
north and west sides of the C.H. Collins Athletic Complex, west of Sherman Drive (FM 428).
Applicant would have to acquire an offsite easement across the water park property; ownership
of this property is shared by City of Denton Parks Department and Denton ISD.
The aforementioned water and sewer mains have adequate available capacity to serve the
requested zoning.
C. CIP Planned Improvements:
There are no planned public improvements for the water and sanitary sewer facilities serving the
subject site.
Roadways/Transportation Network:
A. Estimated Demand:
Subject PropertyEstimated Impact Analysis
Adequate to Serve (Yes
7.12 ± acres Proposed Demand
or No)
Average Annual
6,658 Y
Daily Trips (AADT)
PM Peak Hour Trips 578 Y
B. Available Capacity:
The adjacent roadway network can accommodate the traffic generated by this development.
C. Roadway Conditions:
Hartlee Field Road is classified as a Main Street Collector. Hartlee Field Road is also classified
as an unimproved perimeter street per Section 35.20.2.L.3.a of the City of Denotn (COD)
Development Code. Per Section 35.20.2.L.2 of the COD Development Code, construction of 25-
feet wide concrete pavement, 8-foot wide sidewalk, curb and gutter, and required drainage
improvements will be required along Hartlee Field Road frontage.
F.M. 428/er the COD
Mobility Plan. 67.5-feet from the centerline of the street to the property line will be required to
be dedicated as right-of-way. Sherman Drive is also a TXDOT owned and maintained street.
A Traffic Impact Analysis will determine if a right and/or left turn lane will be required at the
intersection of Hartlee Field Road and F.M. 428/Sherman Drive.
D. CIP Planned Improvements:
There are no planned CIP Projects within this area.
Environmental Conditions:
There is no Environmentally Sensitive Areas (ESA) located on the site.
Electric:
General Information
N. The Electric Service
Standard and typical commercial development comments are available at www.dmepower.com.
Park Facilities:
No Comment
Comments from other Departments:
None
EXHIBIT 2
Site Location/Aerial Map
EXHIBIT 3
Zoning Map
EXHIBIT 4
Proposed Zoning Map
EXHIBIT 5
Future Land Use Map
EXHIBIT 6
EXHIBIT 7
Notification Map and Property Owner Responses
Public Notification Date: 4/12/12
6
7
In Opposition: 0
In Favor: 0
Neutral: 1
EXHIBIT 8
Site Photos
Subject Site Property to the east
Property to the west Property to the north
Property to the south Property to the northwest
EXHIBIT 9
Ordinance
AGENDA INFORMATION SHEET
AGENDA DATE:
June 5, 2012
DEPARTMENT:
Planning and Development
ACM:
Fred Greene
SUBJECT - Z11-0024, Magnolia Apartment Living
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
providing for the rezoning of approximately 9.67 acres of land from a Neighborhood Residential
Mixed Use 12 (NRMU-12) zoning district and use classification to a Neighborhood Residential
Mixed Use (NRMU) zoning district and use classification; and the rezoning of approximately
10.20 acres from a Neighborhood Residential 6 (NR-6) zoning district and use classification to a
NRMU zoning district and use classification; located at the southwest corner of Mingo Road and
Nottingham Drive; and providing for a penalty in the maximum amount of $2,000.00 for
violations thereof, severability and an effective date. The Planning and Zoning Commission
recommends approval (7-0).
PROPOSAL
The subject property includes an approximate total of 43.72 acres; of which the applicant (Terry
Moore/Auguilar Properties) is requesting to rezone approximately 19.87 acres. Specifically, the
applicant is requesting the rezoning of approximately 9.67 acres from NRMU-12 to NRMU; and
the rezoning of approximately 10.20 acres from NR-6 to NRMU. The remaining 23.85 acres
will retain its current NR-
in approximately 19.87 acres of NRMU and 23.85 acres of NR-6.
The applicant has indicated a desire to construct a 294-unit multi-family development on the
19.87 acres proposed for rezoning. It is important to note, however, that if the subject property is
rezoned to NRMU as requested, the property may be developed in accordance with the full use
classification and general regulations associated with the NRMU zoning district.
BACKGROUND
In 1984 the site was rezoned from Single Family-7 (SF-7) and Agricultural District (A), to
Planned Development-182 (PD-182). In 2002, the ordinance (84-114) for PD-182 was repealed
and the site was rezoned to its current zoning districts of NRMU-12 and NR-6.
The property is currently undeveloped and is not platted. Platting will be required prior to the
issuance of building permits and certificates of occupancy.
Staff sent eighteen (18) certified notices of the public hearing to property owners within two
hundred (200) feet of the subject property and eight-four (84) notices to residents and property
owners within five hundred (500) feet of the property. As of this writing, staff has received three
(3) notices in opposition to the request and one (1) notice in favor of the request.
Agenda Information Sheet
June 5, 2012
Page 2
PRIOR ACTION
1.April 25, 2012, Planning and Zoning Commission Public Hearing
OPTIONS
1.Approve as submitted.
2.Approve with conditions.
3.Deny.
4.Postpone consideration.
5.Table item.
RECOMMENDATION
APPROVAL
The Planning and Zoning Commission recommends of Z11-0024 (7-0).
The increased intensity from NR-6 and NRMU-12 to the most intense and most dense zoning
district in the group of Neighborhood Residential zoning districts has been reviewed by staff and
has been determined to be inappropriate at this location. The Development Review Committee
DENIAL
(DRC) recommends of the subject rezoning request due to non-compliance with the
Future Land Use element of the Denton Plan, in accordance with 35.3.4.B.a of the Denton
Development Code (DDC).Z11-0024 for the following reasons:
The site is located within a Neighborhood Center Future Land Use designation.
Although a comprehensive plan amendment is not required to accommodate the proposed
rezoning, the proposed multi-family development does not conform to the Future Land
Use element of the Denton Plan. Within the Neighborhood Center Future Land Use
designation, uses should include support services such a small grocery, hair salon, dry
cleaner or small professional offices to sustain the surrounding neighborhood.
Residential uses may occur at higher densities with townhomes or residential flats above
service-oriented uses.
Planning studies show that the reasonable duration of willingness to walk is 5-15
minutes. This corresponds to a distance of ¼ to ½ mile, but varies based on variables
such as sense of safety and security. Within a ¼ mile radius of the subject site there are
approximately 250 acres of land of which approximately 82.93 acres are developed with
agricultural uses; 13.03 acres are developed with religious uses; and approximately 80.73
acres are developed with single family. The remaining approximate 40.19 acres are
currently undeveloped. However, there are no supportive services to sustain the
neighborhood.
Furthermore, there are more suitable locations in the City where multi-family
development may be constricted. Currently there are approximately 1,133 acres of land
zoned NRMU of which 568 (approximately 50%) are undeveloped. Within 1 square mile
of the subject site, there are currently 166 acres zoned NRMU, of which approximately
77 acres remain undeveloped.
Agenda Information Sheet
June 5, 2012
Page 3
EXHIBITS
1.DRC Staff Report
2. Site Location/Aerial Map
3. Survey
4. Existing Zoning Map
5. Proposed Zoning Map
6. Future Land Use Map
7. ESA Map
8. Notification Map & Responses
9. Letter of Intent
10. Proposed Site Plan
11. Proposed Elevations
12. Site Photos
13. Planning and Zoning Commission Meeting Minutes (4.25.12)
14. Ordinance
Prepared by:
Johnna M. Matthews
Senior Planner
Respectfully submitted:
Mark A. Cunningham, AICP, CPM
Planning and Development Director
Exhibit 1
CITY OF DENTON
DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
P&Z Date: April 25, 2012 TYPE: Rezoning
CC Date: June 5, 2012 PROJECT #:Z11-0024
Project Number:
Z11-0024, Magnolia Apartment Living
Request:
Rezone approximately 19.87 acres from a Neighborhood
Residential Mixed Use 12 (NRMU-12) and a Neighborhood
Residential 6 (NR-6) zoning district and use classification to a
Neighborhood Residential Mixed Use (NRMU) zoning district and
use classification.
Applicant/Property
Terry Moore, Auguilar Properties
Owner:
14860 Montfort, Suite 107
Dallas, TX 75284
Location:
The property is located at the southwest corner of Mingo Road and
Nottingham Drive.
Size:
43.72 acres +/-
Existing Zoning
Neighborhood Residential Mixed Use 12 (NRMU-12) &
Designation(s):
Neighborhood Residential 6 (NR-6)
Proposed Zoning
Neighborhood Residential Mixed Use (NRMU)
Designation(s):
Future Land Use:
Neighborhood Center
Case Planner:
Johnna M. Matthews
DRC Recommendation:
The Development Review Committee (DRC) recommends
DENIAL
of Z11-0024.
Summary of Analysis
The subject property is currently located within two (2) zoning districts. Approximately 9.67
acres are zoned Neighborhood Residential Mixed Use 12 (NRMU-12) and the remaining 34
acres are zoned Neighborhood Residential 6 (NR-6). The applicant is proposing the rezoning of
the approximate 9.67 acres currently zoned NRMU-12 be rezoned to NRMU; and approximately
10.20 acres be rezoned from NR-6 to NRMU for a total of 19.87 acres to be rezoned to NRMU
to allow a multi family development consisting of approximately
The proposed NRMU zoning district is one (1) of seven (7) zoning districts within the group,
Neighborhood Residential. It is also the most intense with the highest density allowed within the
group of zoning districts. The purpose of the Neighborhood Residential group of zoning districts
is to preserve and protect existing neighborhoods and to ensure that any new development is
compatible with existing land uses, patterns and design standards. The seven (7) zoning districts
within the Neighborhood Residential group include Neighborhood Residential 1 (NR-1),
Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood
Residential 4 (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed Use
-12 (NRMU-12) and the proposed Neighborhood Residential Mixed Use.
The table below highlights only the differences in uses and general regulations between the two
(2) existing zoning districts (NR-6 and NRMU-12) and the proposed zoning district (NRMU):
NRMU
NR-6 NRMU-12
Residential Land Use Categories
(Proposed)
(Existing) (Existing)
Single Family Dwellings P P
N
SUP
Accessory Dwelling Units L(1)
N
L(1)
Attached Single Family Dwellings P P
L(40)
Dwellings Above Businesses N P
P
Live/Work Units L(16) P
P
Duplexes P P
N
SUP
Group Homes N SUP
SUP
Multi-Family Dwellings N L(4)
L(4)
N
Manufactured Housing Developments SUP N
NRMU
NR-6 NRMU-12
Commercial Land Use Categories
(Proposed)
(Existing) (Existing)
Hotels N N
P
P
Bed and Breakfast N L(10)
L(17)
Retail Sales and Service N L(15)
Restaurant or Private Club N N
L(11)
Drive-through Facility N N
SUP
L(17)
Professional Services and Offices N L(14)
Quick Vehicle Servicing N N
SUP
Laundry Facilities N P
P
Outdoor Recreation P SUP
SUP
L(14)
Administrative or Research Facilities N N
L(14)
Broadcasting of Production Studio N N
NRMU
NR-6 NRMU-12
Industrial Land Use Categories
(Proposed)
(Existing) (Existing)
Bakeries N N
L(21)
P
Veterinary Clinics N N
NRMU
NR-6 NRMU-12
Institutional Land Use Categories
(Proposed)
(Existing) (Existing)
Community Service N P
P
P
Semi-public, halls, Clubs, Lodges SUP L(15)
Business/Trade School N N
L(14)
P
Adult or Child Day Care SUP P
P
Kindergarten, Elementary School SUP P
Middle School N P
P
High School N N
SUP
P
Elderly Housing SUP L(13)
Medical Center N N
P
P= Permitted, N=not permitted, SUP= Specific Use Permit Required
in Section 35.5.8
Limitations
L(1)
= Accessory dwelling units are permitted, subject to the following additional criteria:
1.The proposal must conform with the overall maximum lot coverage and setback
requirements of the underlying zone.
2.
The maximum number of accessory dwelling units shall not exceed 1 per lot.
3.The maximum gross habitable floor area (GHFA) of the accessory residential structure
shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not
exceed 1000 sq. ft. GHFA unless the lot meets the requirements o
4.One additional parking space shall be provided that conforms to the off-street parking
provisions of this Chapter.
5.The maximum gross habitable floor area (GHFA) of the accessory residential structure
shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size
is equal to or greater than ten acres in size. An SUP is not required for such an accessory
residential structure where the lot size is equal to or greater
L(4)
= Multi-family is permitted only:
1.With a Specific Use Permit; or
2.As part of a Mixed-Use Development; or
3.As part of a Master Plan Development, Existing; or
4.If the development received zoning approval allowing multi-family use within one year
prior to the effective date of Ordinance No. _2005-224; or
5.If allowed by a City Council approved neighborhood (small area)
L(10)
= All restrictions of L(8), but limited to no more than 5 guest units
L(11)
= Limited to sit down only, and no drive-up service permitted. Limited to no more than
100 seats and no more than 4,000 square feet of restaurant area
L(13)
= Uses are limited to no more than 55,000 square feet of gross
L(14)
= Uses are limited to no more than 10,000 square feet of gross floor area.
L(15)
= Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is
required for additional square footage for Semi-Public Halls, Clubs and Lodges.
L(16)
= Uses are limited to no more than 1,500 square feet of gross floor area per lot.
L(17)
= Uses are limited to no more than 25,000 square feet of gross floor area per use, except
grocery stores may be larger with approval of a SUP
L(21)
= Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of
products produced required in this zone.
L(40)
= Limited to a maximum 12 units per acre.
Although a comprehensive plan amendment is not required for the proposed NRMU zoning
district, the proposed multi-family development does not conform to the Future Land Use
element of The Denton Plan.
According to the Denton Comprehensive Plan, within the undeveloped urban and urbanized
areas of the city, new neighborhoods may develop in traditional patterns. Mixed-use and mixed
housing types will be allowed to develop in a pattern of neighborhood center. These are
oriented inwardly, focusing on the center of the neighborhood. These neighborhoods will
exemplify the interrelationship between quality development, density, services and provision for
adequate facilities. These developments should locate the center of the neighborhood within a
five to ten minute walking distance from the edge of the neighborhood. The center contains uses
necessary to support the surrounding neighborhood. The center c
support the surrounding neighborhood. These support uses could include service-oriented retail
such as a small grocery, hair salon, dry cleaner or small professional offices. Residential uses
may occur at higher densities with townhomes or residential flats above service-oriented uses.
Open space occurs in neighborhood centers with park uses including central neighborhood
greens and floodplain preservation. Civic uses such as fire stations, schools, libraries, and
mass transportation nodes are encouraged to be essential elements of neighborhood centers as
landmarks that are a focus to the neighborhood. Limited multi-story development in the
neighborhood may be developed to incorporate shops on the ground floor and offices or
residences on the upper floors.
Findings of Fact
1.The site includes approximately 43.72 acres. The request is to rezone approximately
19.87 acres from NR-6 and NRMU-12 to NRMU for future development of a multi-family
development consisting of 294 units. The ultimate outcome will result in approximately
19.87 acres of NRMU and 23.85 acres will remain NR-6.
2.Prior to the 2002 city-wide rezoning, the site was located within PD-182. After the city-
wide rezoning in 2002, the property was rezoned to NRMU and NR-6.
3.The Future Land Use designation for the site is Neighborhood Center. A comprehensive
plan amendment is not required. However, the proposed use of multi-family does not
conform to the Future Land Use element of the Denton Plan.
4.City-wide, there are approximately 1,133.035 acres of land located within a NRMU
zoning district. Of the total NRMU acres within the City, 564.48 acres are developed,
leaving approximately 568.5546 acres undeveloped.
5.Within 1 square mile of the site, there are approximately 166.4593 acres of land located
within a NRMU zoning district. Approximately 89.52904 acres are developed and
approximately 79.93025 acre undeveloped.
6.According to the January, 2012 Stand Report, the current single-family to multi-family
ratio is 58% (single-family) to 42% (multi-family). The city’s goal, as stated in the
Comprehensive Plan is 59:44.
7.According to the Denton Plan, the focus of a Neighborhood Center Future Land Use
Designation states that within the undeveloped urban and urbanized areas of the city,
new neighborhoods may develop in traditional patterns. Mixed-use and mixed housing
types will be allowed to develop in a pattern of ‘neighborhood centers.’ These are
oriented inwardly, focusing on the center of the neighborhood. These neighborhoods will
exemplify the interrelationship between quality of development, density, services and
provision for adequate facilities. These developments should locate the center of the
neighborhood within a five to ten minute walking distance from the edge of the
neighborhood. These support uses could include service-oriented retail such as a small
grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur
at higher densities with townhomes or residential flats above service oriented uses. Open
space occurs in neighborhood centers with park uses including central neighborhood
“greens” and floodplain preservation. Civic uses such as fire stations, schools, libraries
and mass transportation nodes are encouraged to be essential elements of neighborhood
centers as landmarks that are a focus to the neighborhood. Limited multistory
development in the neighborhood may be developed to incorporate shops on the ground
floor and offices or residences on the upper floors.
8.Adjacent zoning districts include Neighborhood Residential 3(NR-3) to the north;
Neighborhood Residential 4 (NR-4) to the south; Neighborhood Residential 4 (NR-4) to
the west and Neighborhood Residential 4 (NR-4), and Neighborhood Residential 2 (NR-
2) and Neighborhood Residential Mixed use to the east.
9.The surrounding area is developed with agricultural, religious, single family uses and
approximately 40 acres remain undeveloped. North of the site is undeveloped land
platted in the Sequoia Park Addition. West of the site is a single family subdivision
platted in the Mozingo Addition. East of the site is undeveloped land owned by Denton
Bible Church; and south of the site is Faith Tabernacle Assembly of God.
10.The Environmentally Sensitive Area (ESA) map shows undeveloped floodplain within the
limits of the subject property. Development would be subject to compliance with Section
35.17.7 of the Denton Development Code (DDC).
11.A stream buffer ESA is located along the existing channel on the northeast quadrant of
the property. The stream buffer ESA extends fifty( 50) feet from the center line of the
existing channel for a total width of 100 ft. Uses within areas designated as stream
buffers are regulated in DDC. Section 35.17.8. No structures are allowed in areas
designated as stream buffers. Riparian enhancement or restoration activities would be
permitted.
12.The site is not platted. Preliminary and final platting is required prior to the
development and the issuance of building permits. A preliminary plat of the entire 43.72-
acre tract is required prior to approval of a final plat of the 19.87 acres proposed for
rezoning.
13.A Type B buffer is required along the eastern and western property lines. A Type B
buffer includes a ten (10)-foot planted strip that includes a combination of five (5)
evergreen and deciduous trees and shrubs per 100 linear feet.
14.The Park Land Dedication Ordinance will apply to this residential development. This is
in two sections, the first at time of Platting and the second at time of obtaining a building
permit.
15.Nottingham Road is classified as a Secondary Major Arterial (110’ ROW) per the City of
Denton Mobility Plan. Fifty-five (55) feet from the centerline of the road to the property
line is required to be dedicated as right-of-way.
16.The northern drive is required to be located a minimum of 200-feet from the railroad
right-of-way line.
17.The southern driveway is required to line up across Audra Lane.
18.Construction of 5-ft. sidewalks is required along Nottingham Road frontage per Section
1.1.1. of the COD Transportation Criteria Manual.
19.A Traffic Impact Analysis (TIA) may be required depending on the trip generation data in
accordance with the COD Development Code Section 35.20.2.M.2.
20.Signal cost participation will be required for the intersection of Nottingham Road and
Audra Lane.
21.Per COD Solid Waste Criteria Manual, 4 single dumpster enclosures, 2 dual enclosures
or 1 compactor is required to serve this development.
22.A drainage analysis is required upon platting.
23.A public drainage easement is required to be dedicated for the 2 channels. The easement
shall be a 15-ft offset from 100-year WSEL.
24.Due to the proposed water feature, a water rights permit may be required TCEQ.
25.There are known erosion issues on the northern channel. Channel reinforcement is
required at the railroad outfall location and at the bend location.
26.The new electric service will be per DME’s Electric Service Standard available at
www.dmepower.com.
Development Review Committee
IS NOT CONSISTENT
The Development Review Committee finds that the request with the
IS NOT CONSISTENT
general character of the area and with the Denton Plan.
Based on the findings-of-fact, the Development Review Committee (DRC) recommends
DENIAL
of Z11-0024.
GENERAL NOTES
NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development
requirement unless specifically noted in the conditions of approval and consistent with the Denton
Development Code.
NOTE: All written comments made in the application and subsequent submissions of information made during the
application review process, which are on file with the City of Denton, shall be considered to be binding
upon the applicant, provided such comments are not at variance with the Denton Plan, Denton
Development Code or other development regulations in effect at the time of development.
Surrounding Zoning Designations and Current Land Use Activity:
Northwest: North: Northeast:
Neighborhood Residential 3 (NR-3) Neighborhood Residential 3 (NR-3) Neighborhood Residential Mixed
(Single-family subdivision) (Single-family subdivision, Use (NRMU)
Undeveloped) (Church)
West: Subject Property East:
Neighborhood Residential 4 (NR-4) Neighborhood Residential Mixed Neighborhood Residential 2 (NR-2)
(Single-family subdivision) Use 12 (NRMU-12) Neighborhood Residential Mixed
Neighborhood Residential 6 (NR-6) Use (NRMU)
(Undeveloped) (Undeveloped)
Southwest: South: Southeast:
Neighborhood Residential 4 (NR-4), Neighborhood Residential 4 (NR-4) Neighborhood Residential 4 (NR-4)
Neighborhood Residential 6 (NR-6) (Church) (Single family subdivision)
(Single-family subdivision)
Source: City of Denton Geographical Information System and site visit by City staff
Summary of Surrounding Zoning Designations and Current Land Use Activity:
The area within ¼ mile radius of the site is comprised of approximately 217 acres. Uses within a
¼ mile radius of the site are limited to agricultural uses, religious uses, single family
subdivisions and undeveloped land. Specifically, within a ¼ mile radius, there are
approximately 82.933 acres which are considered agricultural uses; 13.03 acres are developed
with religious uses, such as churches; 80.73 acres are developed with single-family subdivisions;
and approximately 40.19 acres remain undeveloped.
Comprehensive Plan:
The proposed rezoning request does not require a comprehensive plan amendment. The
underlying future land use designation is Neighborhood Center. The Denton Plan states that
within the undeveloped urban and urbanized areas of the city, new neighborhoods may develop
in traditional patterns. Mixed-use and mixed housing types will be allowed to develop in a
pattern of neighborhood centers. These are oriented inwardly, focusing on the center of the
neighborhood. These neighborhoods will exemplify the interrelationship between quality of
development, density, services and provision for adequate facilities. These developments should
locate the center of the neighborhood within a five (5) to ten (10) minute walking distance from
the edge of the neighborhood. These support uses could include service-oriented retail such as a
small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at
higher densities with townhomes or residential flats above service oriented uses. Open space
occurs in neighborhood centers with park uses including central neighborhood greens and
floodplain preservation. Civic uses such as fire stations, schools, libraries and mass
transportation nodes are encouraged to be essential elements of neighborhood centers as
landmarks that are a focus to the neighborhood. Limited multist
neighborhood may be developed to incorporate shops on the ground floor and offices or
residences on the upper floors.
Zoning Allocation:
The site includes approximately 43.72 acres, of which 9.67 acres is currently zoned NRMU-12
and 34.05 acres are zoned NR-6. The proposed rezoning at this location would amend all of the
existing 9.67 acres of NRMU-12 and only 10.20 acres of the NR-6. The rezoning case would
obviously affect the zoning allocation of the NRMU-12, NR-6 and NRMU zoning districts
throughout the City. Currently, there is approximately 1,179.55 acres of land within the city that
is zoned NRMU-12; 1,138.10 acres currently zoned NRMU; and approximately 1,319.97 acres
are currently zoned NR-6. If the applicants proposal is approved, the NRMU-12 allocation
within the city will decrease to approximately 1,169.88 acres. The NR-6 allocation within the
city will decrease to approximately 1,309.77 acres. The NRMU zoning allocation will increase
to approximately 1,157.97 acres.
Zoning Allocation
Current Allocation Proposed Allocation
Zoning District
(acres) (acres)
NRMU-12
1,179.55 1,169.88
(Existing)
NR-6
1,319.97 1,309.77
(Existing)
NRMU
1,138.10 1,157.97
(Proposed)
Nearest Elementary, Middle, and High School
According to the Denton Independent School District (DISD), elementary-school aged students
who lived in the proposed multi-family development would attend Lee Elementary School. The
functional capacity of Lee Elementary School is 740 students. The existing capacity is 594
students (80%). Calhoun Middle School is the school that middle school aged students would
attend. The functional capacity of Calhoun Middle School is 1,000 students. The existing
capacity is 825 students (83%). High-school aged students would attend Denton High School.
The functional capacity for Denton High School is approximately 2,000 students. The existing
capacity is approximately 1,829 students (91%).
Name of School Approximate Distance Existing % Capacity Projects Estimated Annual
From Subject Property Student Generation
1 mile ± 80% 18
Lee Elementary
School
2.5 miles ± 83% 9
Calhoun Middle
School
3 miles ± 91% 9
Denton High School
Source: Denton Independent School District
Nearest Fire and EMS Station
Approximate Distance From
Name of Station
Subject Property
Fire/EMS Fire Station # 2 (3309 E. McKinney Street) 2.14 miles ±
Source: City of Denton GIS, Fire Department, and EMS
Water and Wastewater Demand and Capacity:
A. Estimated Demand:
Subject PropertyEstimated Impact Analysis
Adequate to Serve (Yes
19.87 acres ± Proposed Demand
or No)
Permitted Density 30 du/acre for NRMU Yes
Potable Water
Consumption at 697 Yes
peak hour (GPM)
Wastewater
414 Yes
Generation at peak
Subject PropertyEstimated Impact Analysis
Adequate to Serve (Yes
19.87 acres ± Proposed Demand
or No)
Permitted Density 30 du/acre for NRMU Yes
hour (GPM)
B. Available Capacity:
The anticipated water demand for this development is approximately 697 gallons per minute
(GPM) and the anticipated wastewater demand is 414 GPM. Water is available from the existing
8-inch main along Nottingham Drive. Sewer is available via the
that runs generally southward through the western side of this property. The water and sewer
mains at this location have sufficient available capacities to accommodate the projected demands
associated with the proposed zoning, at its highest and most intense use.
C. CIP Planned Improvements:
None
Roadways/Transportation Network:
A. Estimated Demand:
Subject PropertyEstimated Impact Analysis
Adequate to Serve (Yes
19.87 acres ± Proposed Demand
or No)
Permitted Density 30 du/ acre Yes
Average Annual
3,964 Yes
Daily Trips (AADT)
PM Peak Hour Trips 399 Yes
B. Available Capacity:
Nottingham Road is classified as an improved perimeter street with a width of approximately 40
feet.
C. Roadway Conditions:
Nottingham Road is classified as a Secondary Major Arterial, requiring 110 feet of right-of-way
per the COD Mobility Roadway Plan.
D. CIP Planned Improvements:
None
Environmental Conditions:
A stream buffer ESA is located along the existing channel on the northeast quadrant of the
property. The stream buffer ESA extends 50 feet from the center line of the existing channel for
a total width of 100 ft. Uses within areas designated as stream buffers are regulated in DDC.,
Section 35.17.8. No structures are allowed in areas designated as stream buffers. Riparian
enhancement or restoration activities would be permitted.
Electric:
The electrical provider in the area is Denton Municipal Electric (DME).
Exhibit 2
Site Location/Aerial Map
Exhibit 3
Survey
Exhibit 4
Existing Zoning Map
Exhibit 5
Proposed Zoning Map
Exhibit 6
Future Land Use Map
Exhibit 7
Environmentally Sensitive Area (ESA) Map
Exhibit 8
Notification Map & Responses
Exhibit 9
Applicant Letter of Intent
Exhibit 10
Proposed Site Plan
Exhibit 11
Proposed Elevations
Exhibit 12
Site Photos
Site
Site
Site
Above 3 photos taken along Nottingham Drive looking east at the site.
Photo taken along Nottingham Drive looking at the existing drainage channel on site.
Exhibit 14
Planning and Zoning Commission Meeting Minutes
Exhibit 13
Ordinance
AGENDA INFORMATION SHEET
AGENDA DATE:
June 5, 2012
DEPARTMENT:
Planning and Development
ACM:
Fred Greene
SUBJECT - Z11-0025, McKinney/Mayhill Rezoning
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, on
April 17, 2012, providing for an initial zoning district and use classification of Community
Mixed Use General (CM-G) and Neighborhood Residential Mixed Use 12 (NRMU-12) to
approximately 33.1 acres of land and the rezoning of approximately 3.7 acres of land from a
Neighborhood Residential 6 (NR-6) zoning district and use classification to a NRMU-12 zoning
district and use classification; located at the southeast corner of McKinney Street and Mayhill
Road; providing for a penalty in the maximum amount of $2,000.00 for violations thereof,
severability and an effective date. The Planning and Zoning Commission recommends approval
(5-1).
PROPOSAL
The subject property includes an approximate total of 40 acres. Approximately 10.6 acres are
comprised of three (3) zoning districts; Community Mixed Use General (CM-G), Neighborhood
Residential Mixed Use 12 (NRMU-12), and Neighborhood Residential 6 (NR-6). The remaining
28.1 acres are subject to the Rural District 5 (RD-5) zoning and use classification; however they
are currently unzoned. The applicant, Larry Reichhart (Spring Brook Planning Group); is
requesting the initial application of a Neighborhood Residential Mixed Use 12 (NRMU-12)
zoning district to approximately 23.8 acres, the initial application of CM-G to approximately 4.3
acres and the rezoning of 3.5 acres from Neighborhood Residential 6 (NR-6) to NRMU-12. The
3.8 acres located at the northwestern corner of the outlined area will retain its current CM-G
zoning. The remaining 3.4 acres just east of the current CM-G zoning will also retain its current
NRMU-12
8.1 acres of CM-G and 31.9 acres of NRMU-12.
The applicant has indicated a desire to construct various commercial uses including professional
offices and residential uses including single-family attached and detached dwellings at this
location; however, it is important to note that if the subject property is rezoned to CM-G and
NRMU-12 as requested, the property may be developed in accordance with the full use
classification and general regulations associated with the two proposed zoning districts.
BACKGROUND
Prior to the 2002 city-wide rezoning, the northern portion of the site was zoned Agriculture (A)
and the southern portion of the site was located in the Extraterritorial Jurisdiction (ETJ). The
southern portion is located in an area identified as DH-11 and was annexed into the City of
Denton in 2010 by Ordinance number 2010-129. It is important to note that when property is
Agenda Information Sheet
June 5, 2012
Page 2
annexed into the City of Denton, the property is essentially un-zoned. However, uses, intensities
of use, dimensions or lot sizes must be authorized by the RD-5 zoning district.
The property is currently undeveloped and is not platted. Platting will be required prior to the
issuance of building permits and certificates of occupancy.
The applicant did not host a neighborhood meeting. However, the applicant did send notices to
property owners within 200 feet of the site, explaining the proposal with his contact information
within 200 feet of the site regarding the notice.
Staff sent twenty one (21) certified notices of the public hearing to property owners within two
hundred (200) feet of the subject property and fifty eight (58) to residents and property owners
within five hundred (500) feet of the property. As of this writing, staff has received two (2)
notices in favor of the request from property owners within 200 feet of the site.
PRIOR ACTION/ REVIEW (Council, Boards, Commissions)
1.February 8, 2012, Planning and Zoning Commission Public Hearing
2.April 17, 2012 City Council Public Hearing
OPTIONS
1.Approve as submitted.
2.Approve with conditions.
3.Deny.
4.Postpone consideration.
5.Table item.
RECOMMENDATION
The City Council approved the request with the following condition:
Multi-family is prohibited
APPROVAL
The Planning and Zoning Commission recommends of Z11-0025 (5-1).
The increased intensity from RD-5 and NR-6 and the extension of the existing CM-G and
NRMU-12 zoning districts has been reviewed by staff and has been determined to be appropriate
APPROVAL
at this location. The Development Review Committee (DRC) recommends of Z11-
0025.
Agenda Information Sheet
June 5, 2012
Page 3
EXHIBITS
1. Agenda Information Sheet
2. Site Location/Aerial Map
3. Existing Zoning Map
4. Proposed Zoning Map
5. Future Land Use Map
6. Notification Map
7. Property Owner Responses to Notification
8. Applicant Letter of Intent
9. Applicant Notice
10. Planning & Zoning Commission Meeting Minutes (2.8.12)
11. Site Photos
12. Ordinance
Prepared by:
Johnna M. Matthews
Senior Planner
Respectfully submitted:
Mark A. Cunningham, AICP, CPM
Planning and Development Director
Exhibit 1
CITY OF DENTON
DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
P&Z Date: February 8, 2012 TYPE: Rezoning
CC Date: April 17, 2012 PROJECT #:Z11-0025
June 5, 2012
Project Number:
Z11-0025, McKinney/Mayhill Rezoning
Request:
Apply an official zoning district of Community Mixed Use
General (CM-G) and Neighborhood Residential Mixed Use 12
(NRMU-12) to approximately 28 acres of land and rezone
approximately 3.7 acres of land from Neighborhood Residential 6
to Neighborhood Residential Mixed Use 12 (NRMU-12).
Applicant:
Larry Reichhart, Spring Brook Planning Group
2405 Mustang Drive
Grapevine, TX 76051
Property
Bci Real Estate Ventures, Lp
Owner:
525 S. Carroll Blvd., Suite 100
Denton, TX 76201
Location:
The property is located at the southeast corner of McKinney Street
and Mayhill Road.
Size:
40 acres +/-
Existing Zoning
Designation(s):
Community Mixed Use General (CM-G), Neighborhood
Residential Mixed Use 12 (NRMU-12), Neighborhood Residential
6 (NR-6), Rural District 5 (RD-5)
Proposed Zoning
Designation(s):
Community Mixed Use General (CM-G), Neighborhood
Residential Mixed Use 12 (NRMU-12)
Future Land Use:
Community Mixed Use Center and Neighborhood Center
Case Planner:
Johnna M. Matthews
DRC Recommendation:
The Development Review Committee (DRC) recommends
APPROVAL
of Z11-0025.
Summary of Analysis
The subject property is currently located within four (4) zoning districts. Along the frontage of
McKinney Street is Community Mixed Use General (CM-G), Neighborhood Residential Mixed
Use 12 (NRMU-12) and Neighborhood Residential 6 (NR-6). The remainder is located within
the Rural District 5 (RD-5) zoning district. The portion of land located within the RD-5 zoning
district was annexed into the City of Denton in 2010 and was located within an area identified as
DH-11.
The applicant is proposing that the existing CM-G along the frontage of McKinney be extended
directly south for a total of approximately 8 acres. The applicant is proposing that the remaining
31.9 acres be zoned NRMU-12.
The proposed CM-G zoning district is one 1 of two (2) land use categories within the group,
Community Mixed Use Centers. Land use categories (zoning districts) within the Community
Mixed Use Centers group include the proposed CM-G and Community Mixed Use Employment
(CME). The purpose of these land use categories is to provide the necessary shopping services,
recreation, employment and institutional facilities that are required and supported by the
surrounding community.
The proposed NRMU-12 zoning district is 1 of seven (7) land use categories within the group,
Neighborhood Residential. Land use categories within the Neighborhood Residential group
include and in the following order of intensity, Neighborhood Residential 1 (NR-1),
Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood
Residential 4 (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed Use
12 (NRMU-12) and Neighborhood Residential Mixed Use (NRMU). The purpose of the 7
aforementioned land use categories is to preserve and protect existing neighborhoods and to
ensure that any new development is compatible with existing land uses, patterns and design
standards.
The Future Land Use Designation for the 8 acres in which the applicant is proposing is to
rezone to CMG is located within a Community Mixed Use Center Future Land Use Designation.
The remaining 31.9 acres in which the applicant is proposing to rezone to NRMU-12 is located
within a Neighborhood Center Future Land Use Designation. The proposed zoning districts are
consistent with both Future Land Use Designations and a comprehensive plan amendment will
not be required.
A portion of the site is located within the 2 zoning districts in which the applicant is proposing.
The table below highlights only the differences in uses and general regulations of the proposed
CM-G and NRMU-12 and the existing zoning districts of RD-5 and NR-6. It is important to note
that the property that is currently zoned RD-5 was annexed into the City in 2010. When property
is annexed into the City of Denton, the property is essentially un-zoned. However, uses,
intensities of use, dimensions or lot sizes must be authorized by the RD-5 zoning district.
NRMU-12 CM-G
RD-5 NR-6
Residential Land Use Categories (Existing/ (Existing/
(Existing) (Existing)
Proposed) Proposed)
Single Family Dwellings P P
PN
SUP
Accessory Dwelling Units P
L(1) N
L(1)
Dwellings Above Businesses N N
PP
Live/Work Units P L(16)
PP
Duplexes N P
PN
Group Homes SUP N
SUPN
Multi-Family Dwellings N N
L(4) L(6) & L(4)
Manufactured Housing Developments P SUP
NN
NRMU-12 CM-G
RD-5 NR-6
Commercial Land Use Categories (Existing/ (Existing/
(Existing) (Existing)
Proposed) Proposed)
Home Occupation P P
PN
Sale of Products Grown on Site P N
NN
Hotels N N
NP
Motel N N
NP
Bed and Breakfast L(10) N
L(10) P
Retail Sales and Service N N
L(15) P
Movie Theaters N N
NSUP
Restaurant or Private Club N N
NP
Drive-through Facility N N
NP
Professional Services and Offices N N
L(14) P
Quick Vehicle Servicing N N
NP
Vehicle Repair N N
NP
Auto and RV sales N N
NP
Laundry Facilities N N
PP
Equestrian Facilities P N
NN
Outdoor Recreation P P
SUPP
Indoor Recreation N N
NP
Major Event Entertainment N N
NSUP
Commercial Parking Lot N N
NP
Administrative or Research Facilities SUP N
NP
Broadcasting of Production Studio SUP N
NP
NRMU-12 CM-G
RD-5 NR-6
Industrial Land Use Categories (Existing/ (Existing/
(Existing) (Existing)
Proposed) Proposed)
Printing/Publishing N N
NP
Bakeries N N
NP
Feed Lots SUP N
NN
Wholesale Nurseries P N
NN
Kennels L(14) N
NN
Veterinary Clinics P N NP
SUPSUP
SUP
Gas Wells L(27)
L(27) L(27)
L(27)
NRMU-12 CM-G
RD-5 NR-6
Institutional Land Use Categories (Existing/ (Existing/
(Existing) (Existing)
Proposed) Proposed)
Basic Utilities P L(25)
L(25) SUP
Community Service N N
PP
Semi-public, halls, Clubs, Lodges N SUP
L(15) P
Business/Trade School N N
NP
Adult or Child Day Care P SUP
PP
Kindergarten, Elementary School P SUP
PP
Middle School N N
PP
High School N N
NP
Colleges N N
NP
Elderly Housing N SUP
L(13) N
Medical Center N N
NP
Mortuaries N N
NP
WECS (Free-standing Monopole Support
L(41) SUP
SUPSUP
Structure)
WECS (Building-mounted) L(42) SUP
SUPSUP
P= Permitted, N=not permitted, SUP= Specific Use Permit Required
in Section 35.5.8
Limitations
L(1)
= Accessory dwelling units are permitted, subject to the following additional criteria
1.The proposal must conform with the overall maximum lot coverage and setback
requirements of the underlying zone.
2.
The maximum number of accessory dwelling units shall not exceed 1 per lot.
3.The maximum gross habitable floor area (GHFA) of the accessory residential structure
shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not
exceed 1000 sq. ft. GHFA unless the lot meets the requirements o
4.One additional parking space shall be provided that conforms to the off-street parking
provisions of this Chapter.
5.The maximum gross habitable floor area (GHFA) of the accessory residential structure
shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size
is equal to or greater than ten acres in size. An SUP is not required for such an accessory
residential structure where the lot size is equal to or greater
L(4)
= Multi-family is permitted only:
1.With a Specific Use Permit; or
2.As part of a Mixed-Use Development; or
3.As part of a Master Plan Development, Existing; or
4.If the development received zoning approval allowing multi-family use within one year
prior to the effective date of Ordinance No. _2005-224; or
5.If allowed by a City Council approved neighborhood (small area)
nd
L(6)
= Permitted only on 2 story and above, when an office, retail, or other permitted
commercial use is on the ground floor along any avenue, collector, or arterial street, otherwise
office or retail uses are not required.
L(8)
= Travelers accommodations, are permitted, provided that
The business-owner or manager shall be required to reside on the property occupied by
1.
the accommodation, or adjacent property.
That each accommodation unit shall have 1 off-street parking space, and the owners shall
2.
have 2 parking spaces. All spaces shall be in conformance with the requirements of the
Off-Street Parking section of this Chapter.
That only one ground or wall sign, constructed of a non-plastic material, non-interior
3.
illuminated of 4 sq. ft. maximum size be allowed. Any exterior illumination of signage
shall be installed such that it does not directly illuminate any
adjacent or nearby the travelers accommodation.
That the number of accommodation units allowed shall be proportional to the permitted
4.
density of the zone. Each travelers accommodation unit shall b
the purpose of calculating the permitted number of travelers accommodations.
All travelers accommodations shall be within 200 feet of a collector or arterial. Street
5.
designations shall be as determined by the City Comprehensive Plan. Distances shall be
measured via public street or alley access to the site from the arterial.
Excluding the business-owners unit and the area of the structure it will occupy, there
6.
must be at least 400 sq. ft. of gross interior floor space remai
Travelers accommodations are limited to no more than 8 guest units.
7.
L(10)
= All restrictions of L(8), but limited to no more than 5 guest units
L(13)
= Uses are limited to no more than 55,000 square feet of gross
L(14)
= Uses are limited to no more than 10,000 square feet of gross floor area.
L(15)
= Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is
required for additional square footage for Semi-Public Halls, Clubs and Lodges.
L(16)
= Uses are limited to no more than 1,500 square feet of gross floor area per lot.
L(25)
= If proposed use is within 200 feet of a residential zone, approval is subject to a Specific
Use Permit.
L(27)
= Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production.
L(41)
= Lots where the proposed WECS will be located shall have a minimum lot area of two (2)
acres. A maximum of one (1) WECS is permitted by right. Multip
with approval of a SUP.
L(42)
= Building-mounted WECS may not extend higher than ten (10) feet above where the
WECS is mounted on the building. The height shall be measured from the base of the WECS
where it is mounted on the building to the highest point of the arc of the blades elevation. If the
WECS does not use blades, then height is measured from the base of the WECS where is
mounted on the building to the highest point of the WECS.
Findings of Fact
1.The request is to apply an official zoning district of Community Mixed Use General (CM-
G) to approximately 4.3 acres; apply an official zoning district to approximately 23.8
acres from RD-5 to Neighborhood Residential Mixed Use 12 (NRMU-12); and rezone
approximately 3.7 acres from Neighborhood Residential 6 (NR-6) to NRMU-12. The
ultimate zoning in which the applicant is proposing for the entire 40-acre site would
include approximately 8.1 acres of CM-G and 31.9 acres of NRMU-12.
2.Prior to the 2002 city-wide rezoning, the northern portion of the site was zoned
Agriculture (A) and the southern portion of the site was located in the Extraterritorial
Jurisdiction (ETJ).
3.The southern portion is located in an area identified as DH-11 and was annexed into the
City of Denton in 2010 by Ordinance number 2010-129.
4.It is important to note that when property is annexed into the City of Denton, the property
is essentially un-zoned. However, uses, intensities of use, dimensions or lot sizes must be
authorized by the RD-5 zoning district.
5.The site is located within two (2) Future Land Use Categories; Community Mixed Use
Center and Neighborhood Center. The proposed zoning districts are compatible with the
future land use designations. That said, a comprehensive plan amendment is not
required.
6.According to the Denton Plan, the focus of a community activity center (Community
Mixed Use Center Future Land Use Designation) contains the shopping, services,
recreation, employment and institutional facilities that are required and supported by the
surrounding community. Thus, a community activity center could contain a supermarket,
drug store, specialty shops, service stations, one or more large places of worship, a
community park, midsize offices, and employers, high-to moderate-density housing, and
perhaps an elementary of middle school. It includes vertically integrated uses where
different uses may occur on each floor of the building.
7.According to the Denton Plan, within the Neighborhood Center Future Land Use
Designation, within the undeveloped urban and urbanized areas of the city, new
neighborhoods may develop in traditional patterns. Mixed-use and mixed housing types
will be allowed to develop in a pattern of ‘neighborhood centers.’ These are oriented
inwardly, focusing on the center of the neighborhood. These neighborhoods will
exemplify the interrelationship between quality of development, density, services and
provision for adequate facilities. These developments should locate the center of the
neighborhood within a five to ten minute walking distance from the edge of the
neighborhood. These support uses could include service-oriented retail such as a small
grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur
at higher densities with townhomes or residential flats above service oriented uses. Open
space occurs in neighborhood centers with park uses including central neighborhood
“greens” and floodplain preservation. Civic uses such as fire stations, schools, libraries
and mass transportation nodes are encouraged to be essential elements of neighborhood
centers as landmarks that are a focus to the neighborhood. Limited multistory
development in the neighborhood may be developed to incorporate shops on the ground
floor and offices or residences on the upper floors.
8.Adjacent zoning districts include Employment Center Industrial (EC-I) and
Neighborhood Residential 2 (NR-2) to the north; Rural District 5 (RD-) to the south;
Community Mixed Use Employment (CM-E) to the west and Neighborhood Residential 4
(NR-4), ETJ and Neighborhood Residential 3 (NR-3) to the east.
9.The surrounding area is developed with a mix of various uses. North of the site are
existing single-family homes, a religious institution, and Ryan High School. West of the
site are various commercial offices and warehouse uses. East of the site is property
located within the City’s extraterritorial jurisdiction (ETJ) and a single family
subdivision; and south of the site is undeveloped land owned by the City of Denton.
10.The Environmentally Sensitive Area (ESA) map shows undeveloped floodplain within the
limits of the subject property. Development would be subject to compliance with Section
35.17.7 of the Denton Development Code (DDC).
11.The floodplain line is required to be delineated based on topographical survey data and
the base flood elevation on the FEMA map.
12.A stream buffer ESA (outside of the floodplain) extends 50 feet from the center line of the
existing channel located on the east side of the property. Uses within areas designated as
stream buffers are regulated by Section 35.17.8 of the DDC.
13.Any areas meeting the definition of wetlands, as defined by the US Corps of Engineers
(USACE) will be subject to USACE permitting, regulation and mitigation. Areas planned
for development should be assessed to determine of any jurisdictional wetlands exist.
14.Coordination with the City of Denton CIP Engineering Department is required for this
development regarding the widening of Mayhill Road.
15.Coordination with TxDot is required for this development regarding the widening of
McKinney Street.
16.Based on the size of the development, a TIA will be required to determine all offsite
improvements and/or signal cost participation requirements.
17.Per Section 35.13.13.7 of the COD Development Code, all non-residential development
are required to provide container enclosures for both solid waste and recycling storage
facilities.
18.Sewer is available from an existing gravity main along Pecan Creek. Connecting to this
main would involve acquiring an offsite 16’- Public Utility Easement. There is not
sufficient available capacity in the existing 8-inch gravity main along Mayhill Road to
serve the entire site at the most intense use associated with the proposed zoning.
19.Per Section 35.21.2.A.1 of the DDC, the existing 8-inch gravity sewer main is required to
be extended within a 16-foot PUE, to the east property line of the subject site, to facilitate
future service to the two un-sewered properties just east of the subject property.
20.Water is available from the existing 8-inch main along Mayhill Road. It is also available
from the existing 16-inch main along McKinney Street; however only main-line taps (as
opposed to service taps) would be allowed off this main.
21.The new electric service will be per DME’s Electric Service Standard available at
www.dmepower.com.
22.For any residential dwellings, a Park Dedication and Development fees must be paid.
This is in two sections, the first at time of Platting and the second at time of obtaining a
building permit.
23.The property is currently not platted. Preliminary and final platting is required prior to
the issuance of building permits and Certificates of Occupancy.
24.Ryan High School would serve the area high school students. Ryan High School is
currently over capacity by 6%. Staff is unable to determine how many students the
development would yield as the applicant has not indicated the number of residential
structures proposed.
Development Review Committee
IS CONSISTENT
The Development Review Committee finds that the request with the general
IS CONSISTENTIS CONSISTENT
character of the area, with the Denton Plan, and with the
Denton Development Code.
Based on the findings-of-fact, the Development Review Committee (DRC) recommends
APPROVAL
of Z11-0025.
GENERAL NOTES
NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development
requirement unless specifically noted in the conditions of approval and consistent with the Denton
Development Code.
NOTE: All written comments made in the application and subsequent submissions of information made during the
application review process, which are on file with the City of Denton, shall be considered to be binding
upon the applicant, provided such comments are not at variance with the Denton Plan, Denton
Development Code or other development regulations in effect at the time of development.
Surrounding Zoning Designations and Current Land Use Activity:
Northwest: North: Northeast:
Employment Center Industrial Employment Center Industrial (ECI) Neighborhood Residential 2 (NR-2)
(EC-I) Neighborhood Residential 2 (NR-2) (Single Family)
(Warehouses) (Single-family, Religious, Ryan
High School)
West: Subject Property East:
Community Mixed Use Employment Community Mixed Use General Extraterritorial Jurisdiction (ETJ)
(CM-E) (CM-G), Neighborhood Residential Neighborhood Residential 4 (NR-4)
(Offices and Warehouses) Mixed Use 12 (NRMU-12), (ETJ and Single Family)
Neighborhood Residential 6 (NR-6),
Rural District 5 (RD-5)
(Undeveloped)
Southwest: South: Southeast:
Community Mixed Use Employment Rural District 5 Rural District 5 (RD-5)
(CM-E); Employment Center (Undeveloped) Neighborhood Residential 3 (NR-3)
Industrial (EC-I) (Undeveloped and Single Family)
(Undeveloped)
Source: City of Denton Geographical Information System and site visit by City staff
Summary of Surrounding Zoning Designations and Current Land Use Activity:
The area within ¼ mile radius of the site is comprised of approximately 204 acres. Uses within a
¼ mile radius of the site include a range of uses from each land use category of the Denton
Development Code. Specifically, within a ¼ mile radius, there are approximately 26 acres which
are considered agricultural uses; 38 acres developed with single
developed with multi-family uses; approximately 50 acres are developed with schools;
approximately 7.25 acres are developed with mobile home parks; approximately 46 acres are
developed with institutional uses including parks and community service institutions and the
remaining 25 acres are undeveloped.
Comprehensive Plan:
The proposed rezoning request does not require a comprehensive plan amendment. The
underlying future land use designation for the property is Community Mixed Use Center and
Neighborhood Center. According to the Denton Plan, the focus of a community activity center
(Community Mixed Use Center Future Land Use Designation) contains the shopping, services,
recreation, employment and institutional facilities that are required and supported by the
surrounding community. Thus, a community activity center could contain a supermarket, drug
store, specialty shops, service stations, one or more large places of worship, a community park,
midsize offices, and employers, high-to moderate-density housing, and perhaps an elementary of
middle school. It includes vertically integrated uses where different uses may occur on each
floor of the building.
According to the Denton Plan, within the Neighborhood Center Future Land Use Designation,
within the undeveloped urban and urbanized areas of the city, new neighborhoods may develop
in traditional patterns. Mixed-use and mixed housing types will be allowed to develop in a
pattern of neighborhood centers. These are oriented inwardly, focusing on the center of the
neighborhood. These neighborhoods will exemplify the interrelationship between quality of
development, density, services and provision for adequate facilities. These developments should
locate the center of the neighborhood within a five to ten minute walking distance from the edge
of the neighborhood. These support uses could include service-oriented retail such as a small
grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at
higher densities with townhomes or residential flats above service oriented uses. Open space
occurs in neighborhood centers with park uses including central neighborhood greens and
floodplain preservation. Civic uses such as fire stations, schools, libraries and mass
transportation nodes are encouraged to be essential elements of neighborhood centers as
landmarks that are a focus to the neighborhood. Limited multist
neighborhood may be developed to incorporate shops on the ground floor and offices or
residences on the upper floors.
Zoning Allocation:
The site includes approximately 40 acres, of which 3.7 acres is currently zoned CM-G; 3.4 acres
is zoned NRMU-12; 3.5 acres is zoned NR-6 and 29.4 acres is zoned RD-5. The proposed
zoning at this location would include approximately 4.3 acres from RD-5 to CMG; 23.8 acres
from RD-5 to NRMU-12 and 3.7 acres from NR-6 to NRMU-12. The rezoning case would
obviously affect the zoning allocation of the RD-5, NR-6, NRMU-12 and CM-G zoning districts.
Currently, there is approximately 425.84 acres of land within the city that is zoned RD-5. If the
applicants proposal is approved, the RD-5 allocation within the city will decrease to 397.74
acres. The NR-6 allocation within the city will decrease from 1,318.19 acres to approximately
1,314.49 acres. The NRMU-12 zoning allocation will increase from 1,179.55 acres to 1,207.65
acres and the CM-G zoning allocation will increase from approximately 1,113.11 acres to
1,117.41 acres.
Zoning Allocation
Current Allocation Proposed Allocation
Zoning District
(acres) (acres)
RD-5
425.84 397.74
(Existing)
NR-6
1,318.19 1,314.49
(Existing)
NRMU-12
1,179.55 1,207.65
(Existing and Proposed)
CM-G
1,113.11 1,117.41
(Existing and Proposed)
Nearest Elementary, Middle, and High School
According to the Denton Independent School District (DISD), Ryan High School is the school
that high school aged children would attend. The functional capacity for Ryan High School is
approximately 2,000 students. The existing capacity is approximately 2,123 students. Ryan
High School has exceeded its existing capacity by 6%. Any future residential developments will
impact the schools for the area. Staff was unable to determine the projects estimated student
generation, as the applicant has not indicated the number of residential structures proposed.
DISD has indicated that the school will continue to be over capacity until another high school is
constructed.
Name of School Approximate Distance Existing % Capacity Projects Estimated Annual
From Subject Property Student Generation
Rivera Elementary 2.8 ± miles 65% TBD
School
Calhoun Middle 3.3 ± miles 85% TBD
School
Ryan High School.36 ± miles -6% TBD
Name of School Approximate Distance Existing % Capacity Projects Estimated Annual
From Subject Property Student Generation
Source: Denton Independent School District
Nearest Fire and EMS Station
Approximate Distance From
Name of Station
Subject Property
Fire/EMS
Fire Station # 2 (3309 E. McKinney Street) 0.75 miles ±
Source: City of Denton GIS, Fire Department, and EMS
Water and Wastewater Demand and Capacity:
A. Estimated Demand:
Subject PropertyEstimated Impact Analysis
Adequate to Serve (Yes
40 ± acres Proposed Demand
or No)
Permitted Density 12 du/acre for NRMU-12 Yes
Potable Water
Consumption (GPM 731 Yes
at peak hour)
Wastewater
Generation (GPM at 462 Yes
peak hour)
B. Available Capacity:
The anticipated water demand for this development is approximate
Water is currently available from the existing 8-inch main along Mayhill Road. Water is also
available from the existing 16-inch main along McKinney Street. However, only main line taps
(as opposed to service taps) would be allowed off the main along McKinney Street. Sewer is
available from an existing gravity main along Pecan Creek. Connecting to the Pecan Creek main
would involve acquiring an offsite 16-foot PUE. There is not sufficient available capacity in the
existing 8-inch gravity main along Mayhill to serve the entire s
associated with the proposed zoning. Additionally, this development would require an extension
of the 8-inch gravity sewer main, within a dedicated 16-foot PUE, to the east property line of the
subject site, to facilitate future service to the two un-sewered
property.
C. CIP Planned Improvements:
The Water Master Plan calls for a new 12-inch main to be installed along Mayhill Road in this
area between 2017 and 2032.
Roadways/Transportation Network:
A. Estimated Demand:
Subject PropertyEstimated Impact Analysis
Adequate to Serve (Yes
Proposed Demand
40 ± acres
or No)
12 units/AC for NRMU-12
Permitted Density Yes
16,000SF drive thru restaurants
Subject PropertyEstimated Impact Analysis
Adequate to Serve (Yes
40 ± acres Proposed Demand
or No)
for CM-G
Average Annual
10,481 Yes
Daily Trips (AADT)
PM Peak Hour Trips 994 Yes
B. Available Capacity:
A TIA is required by this development upon platting to determine current available capacity of
both roadways (McKinney Street and Mayhill Road) and to determin
required to widen the roadways as part of this development if prior to City/TxDot project
schedules.
C. Roadway Conditions:
McKinney Street is an asphalt roadway and is proposed to be widened by TxDot in the near
future. Mayhill Road is a City-owned roadway that is classified as unimproved.
D. CIP Planned Improvements:
There is a planned CIP project for the widening of Mayhill Road.
Environmental Conditions:
The Environmentally Sensitive Area (ESA) map identifies undeveloped floodplain within the
limits of the subject property. Development of the property is subject to Subchapter 35.17.7 of
the Denton Development Code. Additionally, a stream buffer (outside the floodplain) extends 50
feet from the centerline of the existing channel located on the east side of the property. Uses
within areas designated as stream buffers are regulated under Subchapter 35.17.8 of the DDC.
No structures are allowed in areas designated as stream buffers.
Electric:
The electrical provider in the area is Denton Municipal Electric (DME).
Exhibit 2
Site Location/Aerial Map
Exhibit 3
Existing Zoning Map
3.8 acres
4.5 acres
3.6 acres
28.1 acres
Exhibit 4
Proposed Zoning Map
8.1 acres
31.9 acres
Exhibit 5
Future Land Use Map
Exhibit 6
Notification Map
Exhibit 7
Property Owner Responses to Notification
Exhibit 8
Applicant Letter of Intent
Exhibit 9
Applicant Notice
Exhibit 10
Planning and Zoning Commission Minutes (2.8.12)
Exhibit 12
Site Photos
Photos taken on the north side of McKinney Street near Carpenter Road looking south at the site.
Photo taken at the southeast corner of McKinney Street and Mayhill Road looking southwest at
the site.
Photo taken along the south side of McKinney Street looking east along McKinney Street.
Interior of the site
Interior of the site
Exhibit 11
Ordinance