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April 02, 2013 Agenda
AGENDA CITY OF DENTON CITY COUNCIL April 2, 2013 After determining that a quorum is present, the City Council of the City of Denton, Texas will 3:30 p.m. convene in a Work Session on Tuesday, April 2, 2013 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 should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for April 2, 2013. 3. Receive a report, hold a discussion, and give staff direction regarding funding options for the planned construction of the Linda McNatt Animal Care and Adoption Center. 4. Receive a report, hold a discussion, and give staff direction regarding the procurement process associated with the 2013 Streets Bond Program. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. 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, or as otherwise allowed by law. CLOSED MEETING 1.Closed Meeting: A.Deliberations regarding Real Property – Under Texas Government Code Section 551.072; Consultation with Attorneys – Under Texas Government Code Section 551.071. 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 Gideon Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas, and located generally along the 1000 block of S. Mayhill Road, north of Gayla Drive. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition and condemnation 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 Agenda April 2, 2013 Page 2 B. Consultation with Attorneys – Under Texas Government Code Section 551.071. 1. Consult with and provide direction to City’s attorneys regarding legal issues associated with the regulation of gas well drilling and production with the City Limits and the extraterritorial jurisdiction, including Constitutional limitations, current and proposed statutory limitations upon municipal regulatory authority, current and proposed statutory preemption and/or impacts of current and proposed federal and state law, including case law, regulations, and proposed legislation as it concerns municipal regulatory authority and matters relating to enforcement of the ordinance. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE ‘PUBLIC POWER EXCEPTION’). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the 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.” 2. PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards 1.National Community Development Week 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1) Robert Donnelly regarding Mayhill Road and city use of condemnation. City of Denton City Council Agenda April 2, 2013 Page 3 4. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – N). 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 – N 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 of the City of Denton authorizing the City Manager or his designee to execute a contract through the State of Texas for the purchase of temporary labor services for various City departments as awarded by the State of Texas Contract 962-M3; and providing an effective date (File 5215– Purchase of Temporary Labor Services awarded to TIBH Industries, Inc. (Central Non-Profit Agency) in the estimated annual amount of $150,000) B.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 one Bucket Truck for the Electric Operations division; and providing an effective date (File 5209–Purchase of Bucket Truck awarded to Southwest International Trucks, Inc. in the amount of $191,038.91. The Public Utilities Board recommends approval (6-0). C.Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the City of Frisco, Texas under Section 271.102 of the Local Government Code, to authorize mutual participation in various City of Frisco and City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 5214–Interlocal Agreement with City of Frisco). D.Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional and Personal Services Agreement by and between the City of Denton, Texas and W&M Environmental Group, Inc. for engineering services and personal services pertaining to the completion of a leaking petroleum storage tank closure request, Voluntary Cleanup Program project management, and miscellaneous action items needed to obtain a Voluntary Cleanup Program Certificate of Completion and site closure for a two (2) acre tract of land situated generally at the southeast corner of Oakland Street and East McKinney Street, in Denton, Texas; authorizing the expenditure of funds therefor; providing an effective date (File 5204 in an amount not-to-exceed $154,000). City of Denton City Council Agenda April 2, 2013 Page 4 E.Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the clearing of sanitary sewer easements and installation of gates at multiple locations as specified in Bid 5171–Sanitary Sewer Easement Clearing and Gate Installation; providing for the expenditure of funds therefor; and providing an effective date (Bid 5171–awarded to the lowest responsible bidder meeting specification, DCI Contracting, Inc. in the not to exceed amount of $318,860.00). The Public Utilities Board recommends approval (6-0). F.Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for water and wastewater improvements as specified in Bid 5181-Cooper Creek Interceptor III; providing for the expenditure of funds therefor; and providing an effective date (Bid 5181–awarded to the lowest responsible bidder meeting specification, Condie Construction Company, Inc. in the amount of $990,958). The Public Utilities Board recommends approval (6-0). G.Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of High Density Polyethylene Pipe (HDPE) for use in the City of Denton Landfill in a three (3) year amount not to exceed $150,000; providing for the expenditure of funds therefor; and providing an effective date (RFP 4892–awarded to Gajeske, Inc.). The Public Utilities Board recommends approval (7-0). H.Consider approval of an ordinance finding that a public use and necessity exists to acquire fee simple to a 4.620 acre tract situated in the Gideon Walker Survey, Abstract No. 1330, located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit “A”, attached to the ordinance and made a part thereof, located generally at 1001 South Mayhill Road (the “Property Interests”), for the public use of expanding and improving the City of Denton Landfill, a permitted municipal solid waste disposal facility; authorizing the City Manager or his designee to make an offer to (1) Denmiss Corporation, a Mississippi corporation, Dynamic Color Images, Inc., a Texas corporation, d/b/a Gameguard Camouflage and Elite Creative Solutions, L.L.C., a Texas limited liability company (collectively, the “Owner”); (2) successors in interest to the owner to the property interests; or (3) any other owners of the property interests, as may be applicable, to purchase the property interests for the purchase price of One Million Two Hundred Fifty Thousand Dollars and No cents ($1,250,000.00), and other consideration, as prescribed in the Contract of Sale (the “Agreement”), as attached to the ordinance and made a part thereof; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date. I.Consider a request for an exception to the Noise Ordinance for the purpose of the Texas Tea Music Fest hosted by RedStarr Entertainment, LTD to be held at the North Texas State Fairgrounds on Friday and Saturday, May 24 and 25, 2013, beginning at noon and concluding at 11 p.m. The exception is requested for extension of the hours of operation. There is no request to exceed the allowable 70 decibels. Staff recommends approval of the requested exception to the noise ordinance. City of Denton City Council Agenda April 2, 2013 Page 5 J.Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the National Intergovernmental Purchasing Alliance Company (National IPA) for the purchase of gasoline and diesel fuels for the City of Denton as awarded by Contract#09- 0112; and providing an effective date (File 5208–Purchase of Gasoline and Diesel Fuels awarded to Martin Eagle Oil Company, Inc. in the annual estimated amount of $5,500,000). K. Consider adoption of an ordinance abandoning and vacating (1) a portion of a 2.322 acre drainage easement (herein so called) granted to the city of Denton, Texas, pursuant to that certain drainage easement, accepted by the city of Denton on March 15, 2007, from D.R. Horton – Texas, Ltd., and recorded as Instrument No. 2007-30855, Real Property records, Denton County, Texas, and (2) a 0.693 acre public drainage easement (herein so called), granted to the city of Denton, Texas, pursuant to that certain public drainage easement, accepted by the city of Denton on September 21, 2011, from D.R. Horton – Texas, Ltd., and recorded as Instrument No. 2011-91225, Real Property records, Denton County, Texas (the 2.322 acre drainage easement and the 0.693 acre public drainage easement are collectively referred to herein as the “drainage easements”), said drainage easements located in the William Roark survey, abstract no. 1087, Denton County, Texas; and declaring an effective date. (Meadows of Hickory Creek Subdivision) L. Consider approval of a tax refund for the following property taxes: Name ReasonTaxYearAmount Target CorporationDCAD Supplemental Change2012$ 6,882.83 M. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute an engagement arrangement with Burford & Ryburn, L.L.P. for legal services regarding condemnation matters related to the Bonnie Brae Street Widening and Improvements project; authorizing the expenditure of funds therefor; and providing an effective date. N. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute an engagement arrangement with Burford & Ryburn, L.L.P. for legal services regarding condemnation matters related to the Mayhill Road Widening and Improvements project; authorizing the expenditure of funds therefor; and providing an effective date. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit to allow a basic utility; a DME Electric Substation, on approximately 8.75 acres of land within a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation; located west of Loop 288, south of Audra Lane, and directly east of Audra Meadows, Phase 2 Subdivision, within 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. (S12-0005, DME Audra Substation) The Planning and Zoning Commission recommends approval (5-0). City of Denton City Council Agenda April 2, 2013 Page 6 6.PUBLIC HEARINGS A. Hold a public hearing in accordance with Chapter 26 of the Texas Parks and Wildlife Code and consider adoption of an ordinance authorizing the City Manager or his designee to execute on behalf of the City of Denton, Texas an Agreement, contemplating a real estate conveyance from the City of Denton to the State of Texas, of a 5,689 square foot tract of real property, located in the M.E.P. & P.R.R. Co. Survey, Abstract No. 950, Denton County, Texas, being a portion of Lot 1, Block 1, of the Briercliff Park Addition, an addition to the City of Denton, Denton County, Texas, recorded under County Clerk’s Number 2009- 6 of the Official Records of Denton County, Texas and being a portion of the tract conveyed by deed to the City of Denton, recorded under County Clerk’s Number 2004-56699 of the official records of Denton County, Texas, and generally located at 3200 State School Road, Denton, Texas; authorizing execution of a Deed Without Warranty conditionally effectuating such real estate conveyance; and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (7-0.) B.Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Rural Residential (RD-5) zoning district classification and use designation to an Employment Center Industrial (EC-I) zoning district classification and use designation for approximately 27.76 acres of land, generally located north of University Drive and west of Masch Branch Road, legally described as Lot 2, Block 1 of the Marriott Gardens Addition, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; and providing a severability clause and an effective date. (Z12-0014, Masch Branch Rezoning) The Planning and Zoning Commission recommends approval (7-0). C.Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a Comprehensive Plan Amendment from “Employment Center” Future Land Use Designation to “Existing Land Use” Designation on approximately 8.532 acres of land located east of Loop 288 and north of University Drive (US 380); within the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (CA12-0004, Spring Valley Estates) The Planning and Zoning Commission recommends approval subject to conditions (7-0). D.Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from Employment Center Industrial (EC-I) zoning district classification and use designation to a Neighborhood Residential 3 (NR-3) zoning district classification and use designation on approximately 8.532 acres of land located east of Loop 288 and north of University Drive (US 380), within the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (Z12-0009, Spring Valley Estates) The Planning and Zoning Commission recommends approval subject to conditions (7-0). City of Denton City Council Agenda April 2, 2013 Page 7 E.Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from Regional Center Commercial Downtown (RCC-D) zoning district classification and use designation to Regional Center Residential 2 (RCR-2) zoning district classification and use designation, on 6.963 acres, located on the north and east sides of Shoreline Drive, west of Unicorn Lake Boulevard, 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.(Z12-0012, Unicorn Lake Multifamily) The Planning and Zoning Commission recommends approval (4-3). 7. CITIZEN REPORTS 8. 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. 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 ___________________, 2013 at ________o'clock (a.m.) (p.m.) __________________________________________ CITYSECRETARY NOTE: THECITYOFDENTONCITYCOUNCILCHAMBERSISACCESSIBLEIN ACCORDANCEWITHTHEAMERICANSWITHDISABILITIESACT.THECITYWILL PROVIDESIGNLANGUAGEINTERPRETERSFORTHEHEARINGIMPAIREDIF REQUESTEDATLEAST48HOURSINADVANCEOFTHESCHEDULEDMEETING. PLEASECALLTHECITYSECRETARY'SOFFICEAT349-8309ORUSE TELECOMMUNICATIONSDEVICESFORTHEDEAF(TDD)BYCALLING1-800-RELAY- TXSOTHATASIGNLANGUAGEINTERPRETERCANBESCHEDULEDTHROUGHTHE CITYSECRETARY’SOFFICE. WorkSession3 AGENDA INFORMATION SHEET AGENDA DATE: April 2, 2013 DEPARTMENT: Police ACM: Jon Fortune SUBJECT Receive a report, hold a discussion, and give staff direction regarding funding options for the planned construction of the Linda McNatt Animal Care and Adoption Center. BACKGROUND On February 21, 2013, staff made a presentation to the Denton Animal Shelter Foundation (DASF) Board of Directors regarding the current status of the Linda McNatt Animal Care and Adoption Center. During this update, staff discussed the project milestones that have been achieved over the course of this project. Staff also outlined a timeline of key dates for the project moving towards construction. Finally, staff provided a review of the comprehensive project budget. This review included a listing of anticipated revenues: municipal funds already expended on the project, municipal funds planned for the project, and DASF Capital Campaign funds. Staff also reviewed anticipated construction costs for the project based on third-party estimates of the 100% construction documents. Based on this review, and subject to actual bid amounts, staff pointed out potential funding gaps between identified revenue and projected costs. Portions of this gap may be affected by the final outcome of - For reference, a copy of the DASF Board presentation has been attached. Staff evaluated potential funding options that will cover the anticipated revenue gap based on the worst-case scenario. OPTIONS 1.Council can direct staff to proceed with the McNatt project using the listed funding sources as necessary. 2.Council can direct staff to look for additional funding options for the McNatt project. PRIOR ACTION/REVIEW 12/13/05 Council Work Session on Animal Shelter Feasibility Study. 02/14/06 Council Work Session on Denton Animal Shelter Foundation. 08/07/07 Council Work Session on Denton Animal Shelter Foundation Agreement. 12/01/08 Council Work Session on Animal Care and Adoption Center Master Plan. 11/02/10 Council Work Session on Animal Care and Adoption Center Master Plan Revisions. 07/12/11 Council Work Session on Animal Shelter Construction Planning Process. 01/10/12 Council Meeting on Professional Services Agreement with Connolly Architects. 11/05/12 Council Committee on the Environment Meeting on LEED Certification. 11/13/12 Council Meeting on LEED Amendment to Architect Contract. Agenda Information Sheet April 2, 2013 Page 2 FISCAL IMPACT The potential funding gap between anticipated construction costs and identified revenue could be as high as $1,078,752. The construction costs are based on estimates provided from the architectural drawings. The McNatt project is set to go out for general contractor bids in early April. When these bids are received, staff will be able to determine actual costs and it is possible that the funding gap could be less than anticipated. Until then, staff is utilizing a scenario that -will occur. Staff believes it has identified two funding sources that will provide sufficient coverage of this worst case funding scenario. Public Safety Training Facility This project is currently in the bid negotiation stage. Based on submitted bids for the project, including a sufficient contingency reserve, staff believes that $578,752 in available funds can be transferred to the McNatt project. Moving these funds would reduce the potential unfunded gap to $500,000. 2013 Facility Improvements The City originally intended to sell $1,500,000 in COs to finance various facility improvements in 2013. After reviewing the scheduled facility maintenance program, staff is recommending that $500,000 of the planned improvements be delayed until 2014. The principal projects to be delayed include a Heating, Ventilation, and Air Conditioning (HVAC) unit at the main City Hall and the replacement of flooring at various facilities. Staff does not anticipate any major service impact as a result of delaying these improvements. By delaying these projects for one year, the $500,000 in COs can be used to cover the remaining funding gap associated with the McNatt project. Respectfully submitted, Lee Howell Chief of Police Prepared by: Scott Fletcher, Captain WorkSession4 AGENDA INFORMATION SHEET AGENDA DATE: April 2, 2013 DEPARTMENT: Utilities UTILITIES ACM: Howard Martin, Utilities, 349-8232 ______________________________________________________________________________ SUBJECT Receive a report hold a discussion and give staff direction regarding the procurement process associated with the 2013 Streets Bond Program. BACKGROUND Staff wanted to update the City Council on the process we will be using for procuring goods and services associated with the $20 million 2013 Streets Bond Program. During the 2005 Bond Program approximately $ 9.5 million was dedicated for street reconstruction. In the implementation of the program, staff used a combination of venders used in the annual bid for services typically used in the street department for road maintenance and reconstruction. These venders included a vendor for hot mixes asphalt concrete (HMAC) installed (Jagoe Public), concrete curb and gutter (Floyd Smith Concrete), HMAC milling (Dustrol), subgrade stabilization materials (chem-lime) (TXI), landscaping for grass replacement (seeding or sodding) (Classic Landscape), and a small capital project bid with a local road construction contractor (Jagoe Public). These external venders were publically bid through the City’s purchasing department, typically on three year contract, that was approved by the City Council. In addition to these outside vendors and suppliers, the street department contributed in kind equipment and labor that was funded through their annual operations and maintenance budget. The streets department performed subgrade preparation and curb and gutter removal on many of the projects and began drawing on various contracts to complete the streets projects. Utilizing this approach not only were we able to complete all of the projects we also realized a savings of a little over $2 million. This money was transferred to the Bonnie Brae Project. Staff planned to utilize this same approach for implementation of the $20 million program. The cost estimates used in the development of the street bond package assumed that projects will be implemented in a similar method to the implementation of the previous $9.5 million street bond package. The first year of the bond program will expend approximately $4 million for 38 street segments st (see attached Exhibit 1 – Street Project list for FY-2013-2014 - 1 year bond sale.) The way these projects are preliminarily scheduled to be completed is outlined in Exhibit 2 (example list). Approximately twelve of the street segments would be performed by Jagoe Public using the previously approved Bid 4974- small contract bid totaling approximately $1.5 million. The remaining 26 street segments would be constructed by the city street department crews using resources from vendors previously approved in bids 4236 (Jagoe Public), 3516 (Floyd Smith Concrete, 4936 (Dustrol), 5048 (TXI), and 4673 (Classic Landscapes) totaling approximately $2.5 million. In addition to this, the City’s Street Department crews would provide approximately $750,000 of ‘in-kind’ labor and equipment from their O&M budget. Using this procurement approach, staff anticipates that during the five year bond program, approximately $ 3.75 million dollars worth of “in kind services” for staff time and equipment will be funded through existing and future Street Department O & M funds and approximately $ 20 million dollars worth of outside vender contracts will be funded through the Street Bond Program. All of these bids will be rebid during the course of the 5 year Street Bond Program with bid 3516 (Concrete Curb and Gutter) scheduled to be rebid before this July. RECOMMENDATION Staff recommends implementing the $20 million Street Bond program for FY-2013-2018 using the same procurement method used in the previous $9.5 million Street Bond Package. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The City Council has previously approved: 1)The appointment of a Street Bond Advisory Committee. 2)The recommended streets for approval by the citizens in the November 6 Bond Election. 3)The appointment of the Street Bond Oversight Committee. BID INFORMATION Bid 4974 Jagoe Public – Small Contract Bid 4236 Jagoe Public – HMAC Pavement Installed Bid 4936 Dustrol – Asphalt Milling Services Bid 5048 TXI – Cemlime Bid 3516 Floyd Smith Concrete– Concrete Curb and Gutter Work Bid 4673 Classic Landscape – Seeding and Sodding EXHIBITS 1.Draft Streets Project list for First Year Bond Funding. 2.Example First Year Funding Breakdown. Respectfully submitted: Jim Coulter Director Water Utilities ConsentAgendaA AGENDA INFORMATION SHEET AGENDA DATE: April 2, 2013Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Elton Brock at 349-7133 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the State of Texas for the purchase of Temporary Labor Services for various City departments as awarded by the State of Texas Contract 962-M3; and providing an effective date (File 5215-Purchase of Temporary Labor Services awarded to TIBH Industries, Inc. ((Central Non-Profit Agency) in the not to exceed annual amount of $150,000). FILE INFORMATION The City of Denton has identified needs for temporary labor resources to clean various City Park facilities. It is also anticipated that other City departments, including the landfill, could also have needs in the future for similar types of services. Individual proposals with scopes of work will be negotiated through TIBH and within the overall dollar authorization granted for this contract. The intent of this contract is to serve as an additional resource for City departments when seeking temporary personnel and is not meant to restrict the use of other contracts or resources currently available. TIBH Industries, Inc. (TIBH) (http://tibh.org/index.php) was identified as a resource that has effectively delivered similar services to many other cities, counties and government entities. TIBH serves as a catalyst in Texas for employment opportunities for people with disabilities, statutory authorization as the State of Texas Central Non-Profit Agency. The program was first initiated in 1978, authorized by the Texas Legislature through Texas Human Resources Code, Title 8, Chapter 122, as a State of Texas set-aside program, which exempts government entities from competitive requirements. This statute also established the requirement for the State of Texas to maintain a state-wide contract for all government entities to access these types of services. TIBH utilizes local Community Rehabilitation Progacross Texas to perform these types of services-effectively employing approximately 6,400 Texans with disabilities in 2012. The CRP for the City of Denton contract will be Rising Star Development Corporation in Dallas, Texas. Agenda Information Sheet April 2, 2013 Page 2 RECOMMENDATION Award a contract through the State of Texas for temporary labor services to TIBH Industries, Inc. in the not to exceed annual amount of $150,000. PRINCIPAL PLACE OF BUSINESS TIBH Industries, Inc. Austin, TX ESTIMATED SCHEDULE OF PROJECT The initial term of this contract is for a one (1) year period. The City and TIBH Industries, Inc. shall have the option to renew this contract annually for two (2) additional one (1) year periods. FISCAL INFORMATION The temporary services will be funded by the individual department on an as needed basis. EXHIBITS Exhibit 1: State of Texas Contract 962-M3 Exhibit 2: Rising Star Proposal for Janitorial Park Services Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-File 5215 Exhibit 1 Exhibit 2 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT THROUGH THE STATE OF TEXAS FOR THE PURCHASE OF TEMPORARY LABOR SERVICES FOR VARIOUS CITY DEPARTMENTS AS AWARDED BY THE STATE OF TEXAS CONTRACT 962-M3; AND PROVIDING AN EFFECTIVE DATE (FILE 5215-PURCHASE OF TEMPORARY LABOR SERVICES AWARDED TO TIBH INDUSTRIES, INC. ((CENTRAL NON-PROFIT AGENCY) IN THE NOT TO EXCEED ANNUAL AMOUNT OF $150,000). WHEREAS, the State of Texas 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 State of Texas Procurement 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. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the File Number listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 5215 TIBH Industries, Inc. $150,000 SECTION 2. The City Manager or his designated representative is hereby authorized to SECTION 3. 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 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ___________day of ______________, 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:___________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 2-ORD-File 5215 Exhbit A IN THE STATE OF TEXAS COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation 2day of April, 2013, between The City of rd Denton, Texas, a political subdivision of the StaTIBH Industries, Inc. (TIBH), the contracted 962-M3-Temporary Personnel Central Nonprofit Agency for the Texas State Use Program, operatestablished by the State of Texas/Comptroller of Public Accounts and The Counci. The State Use Program assists persons with disabilities in achieving maximum p activities. WHEREAS, both the City and TIBH have the authority to enter into this A, Section 122.017Texas Human Resources Code, and Texas Local Government Co WHEREAS, the Parks and Recreation Labor project and other City ProjectsCity of Denton Labor contemplated under this Agreement are of mutual interest and benefit to TIBH and to the City and will TIBH in a manner consistent with its status as the Central Nonpr WHEREAS, it is mutually beneficial to both parties to execute this Agre relating to the health, safety, and welfare of the citizens of T taxpayer funding; and NOW THEREFORE, in consideration of the mutual representations, terms and cove agree as follows: 1.STATEMENT OF WORK. TIBH agrees to use its reasonable efforts to perform the Labo of Work appended hereto, and any future agreed to statements of 2.PRINCIPAL CONTACT. The Labor Project will be administered by Dennis D. Edwards, Sr., Executive Director Resource Development Corporation (RSRDC), or subsequent communit. 3.PERIOD OF PERFORMANCE. TIBH will conduct the Labor Project during the period of April 2, 2013 through April 1, 2014. This Agreement may be renewed annually through a written agreeme 4.TOTAL AMOUNT OF THE CONTRACT. The City of Denton agrees to pay TIBH, a not to exceed yearly of $150,000, or as agreed to in a similar payment schedule, listed below. Pa by a City of Denton Purchase Order. The awarding or continuation y and solely from funds Appropriated and available for this cont Appropriated or other lawfully available funds shall render the available and any deliverables delivered but unpaid shall be ret written notice of the failure of the City to make an adequate Ap Contract, or the reduction of any Appropriation to an amount ins Contract. In the event of none or inadequate appropriation of fu 5.PAYMENT SCHEDULE. The City shall make payments upon receipt of invoices, in accord of Texas Government Code; Chapter 2251.The payment schedule inde schedule, in completion of the stated DELIVERABLES, and in the a Payment shall be made upon acceptance of invoices submitted to t in the proposal. Invoices must be fully documented as to labor p Purchase Order number in order to be processed. No payments shal of Denton Purchase Order. Federal excise taxes, State taxes, or City sales taxes must not The City will furnish a tax exemption certificate upon request. Page 1 of 3 OGC app. 6/2006 Invoices shall be sent to the following address: City of Denton, Accounts Payable Department 215 East McKinney Street Denton, TX 76201 Company Rep Name: Alma Vigil Phone: 940-349-8223 Email: accountspayable@cityofdenton.com 6.TERMINATION. This agreement may be terminated by either party, upon sixty (60) days prior written notice. 7.BREACH / OPPORTUNITY TO CURE. The parties hereto expressly covenant and agree that in the even default of its obligations herein, the party not in default shalritten notice to cure said default before exercising any of its rights as provided for in this Agreement. 8.LIABILITY. The parties to this Agreement and their respective officers an for the acts, omissions and negligence of the other party. 9.DISCLAIMER OF LIABILITY. TIBH MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED IN CONNECTION WITH THE TECHN DISCLOSURES OR RESEARCH DATA FURNISHED UNDER THIS AGREEMENT. TH IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT USE OF SUCH MATERIALS OR MODIFICATION OF SUCH MATERIALS WILL NOT INFRINGE ON ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHT. 10.FORCE MAJUERE. Except for the obligation for the payment of money, if either party fails to fulfill its obligations hereunder when such failure is due to an act of God, or other circumstancecused for the duration of such event and for such a time thereafter as is reasonable to enable the partie this Agreement. 11.DISPUTE RESOLUTION. The City must use the dispute resolution process provided in Chapter 2260 Government Code to attempt to resolve a dispute arising under this contract and such process is a requ accordance with Chapter 107, Texas Civil Practice and Remedies CThe City must submit written notice of a claim of breach of contract under this chapter to TIBH Industries, Inc., 1011 East 53 ½ Street, Austin, Texas 78751. TIBH is the Central Nonprofit Agency for the Texas State Use Program, and nothing in this Agreement waives or relinquishes the right oTIBH to claim any exemptions, privileges and immunities as may be provided by law. 12.REMEDIES. This Agreement shall be construed by and governed by the laws of necessary to enforce the Agreement will be in Denton County, Texas. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy remedy given hereunder or now or hereafter existing at law or inle or partial exercise by any party of any right, power or remedy hereunder shall preclude 13.ENTIRE REPRESENTATION. This Agreement contains the entire agreement between the parties and supersedes any prior oral or written agreements, commitments, understandings, or communications w No amendments or modification of this Agreement shall be effecti representatives of each party. This Agreement shall be construed in accordance with the 14.WAIVER. No waiver of any provision hereof or of any right or remedy here by the party against whom such waiver is sought to be enforced. No delay in exercising, no partial exercise of any right or remedy hereunder shall constituf. 15.ASSIGNMENT. This Agreement may not be assigned in whole or in part by any of the Parti the other Party. 16.SEVERABILITY. In the event that any section, paragraph, sentence, clause or pr jurisdiction to be invalid, such shall not affect the remaining portions of th effect. 17.AMENDMENTS. This Agreement may be amended from time to time by written amend Page 2 of 3 OGC app. 6/2006 ConsentAgendaB AGENDA INFORMATION SHEET AGENDA DATE: April 2, 2013Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Terry Kader at 349-8729 ACM: Bryan Langley 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 one bucket truck for the Electric Operations division; and providing an effective date (File 5209-Purchase of Bucket Truck awarded to Southwest International Trucks, Inc. in the amount of $191,038.91. The Public Utilities Board recommends approval (6-0). FILE INFORMATION This bucket truck is a planned fleet replacement for a 2001 Freightliner/Altec bucket truck that has exceeded Fleet replacement criteria by accumulating over 6,958 hours of service and $59,880 in maintenance costs. The 2001 Freightliner bucket truck will be auctioned. This replacement truck is powered by a Tier 4 diesel engine with low emission vehicle ratings that meet or exceed Environmental Protection Agency standards. This vehicle was included in the Electric Operations d-2013 Fiscal Year Vehicle Replacement Plan and Operating Budget. Three informal quotes were obtained and the Buy Board Contract 358-10 pricing from Southwest International Trucks, Inc. provided the lowest overall pricing (Exhibit 1). There are no local vendors that can supply this truck chassis or body. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On March 25, 2013, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Award the purchase of a 2014 International 4300 Bucket Truck to Southwest International Trucks, Inc. in the amount of $191,038.91. PRINCIPAL PLACE OF BUSINESS Southwest International Trucks, Inc. McKinney, TX Agenda Information Sheet April 2, 2013 Page 2 ESTIMATED SCHEDULE OF PROJECT The bucket truck can be delivered within 360 days of receipt of the purchase order. FISCAL INFORMATION The truck will be funded from Operating account 603175605.1355.3920. Requisition #112437 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Price Comparison and Quote from Southwest International Trucks, Inc. Exhibit 2: Public Utilities Board Draft Minutes Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-File 5209 Exhibit 2 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3 March 25, 2013 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, March 25, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901A Texas Street, Denton, Texas. 9 10 Present: Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan, 11 Barbara Russell, Leonard Herring and Lilia Bynum 12 13 Absent: Chairman Dick Smith 14 15 Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM 16 OPEN MEETING: 17 18 CONSENT: 19 20 21 2)Consider the recommendation of an ordinance of the City of Denton authorizing the City 22 Manager or his designee to execute contracts through the Buy Board Cooperative Purchasing 23 Network for the acquisition of one bucket truck for Electric Operations; and providing an 24 effective date (File 5209-Purchase a Bucket Truck awarded to Southwest International in the 25 amount of $191,038.91). 26 Board Member Russell motioned to approve item 2 with a second from Board Member 27 Bynum. The vote was 6-0 approved 28 . 29 30 Adjournment 10:53 a.m. ConsentAgendaC AGENDA INFORMATION SHEET AGENDA DATE: April 2, 2013Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Elton Brock at 349-7133 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the City of Frisco, Texas under Section 271.102 of the Local Government Code, to authorize mutual participation in various City of Frisco and City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 5214-Interlocal Agreement with City of Frisco). FILE INFORMATION Section 271.102 of the Texas Local Government Code, authorizes respective participating governments to enter into agreements for the purchase of goods and services. The attached Agreement is an authorization for the City of Denton to participate in contracts awarded by the City of Frisco and for the City of Frisco to participate in contracts awarded by the City of Denton. The contract will remain in effect until terminated by either party. This Agreement will allow both entities to utilize contracts for goods and services competitively bid by the other party to the contract. The bid process followed by both entities meets all statutory bidding requirements. Upon approval of the Agreement, the City of Frisco intends to While a specific City of Denton purchase for this Agreement is not contemplated at this time, staff requests approval of the Agreement, so that potential future purchases can be handled in the most expeditious manner possible. All purchases exceeding $100,000 will still require individual City Council approval per City of Denton policy. RECOMMENDATION Approve an Interlocal Cooperative Purchasing Program Agreement with the City of Frisco. PRINCIPAL PLACE OF BUSINESS City of Frisco Frisco, TX Agenda Information Sheet April 2, 2013 Page 2 ESTIMATED SCHEDULE OF PROJECT This Agreement is effective upon approval by the City of Denton and will remain in effect until terminated by either party. FISCAL INFORMATION At this time, specific purchases from this Agreement have not been identified. Each future acquisition, based on this Agreement, will follow the City of Denton fiscal verification policy and be charged to the appropriate budget account. Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-File 5214 ORDINANCE NO. ___________ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE CITY OF FRISCO, TEXAS, UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, TO AUTHORIZE MUTUAL PARTICIPATION IN VARIOUS CITY OF FRISCO AND CITY OF DENTON CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 5214-INTERLOCAL AGREEMENT WITH CITY OF FRISCO). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute the Interlocal Cooperative Purchasing Program Agreement with the City of Frisco under Section 271.102 of the Local Government Code, a copy of which is attached hereto and incorporated by SECTION 2. The City Manager, or his designee, is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. 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 under File 5214 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of _______________________, 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 2-ORD-File 5214 ConsentAgendaD AGENDA INFORMATION SHEET AGENDA DATE: April 2, 2013 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Kenneth Banks at 349-7165 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional and Personal Services Agreement by and between the City of Denton, Texas and W&M Environmental Group, Inc. for engineering services and personal services pertaining to the completion of a leaking petroleum storage tank closure request, Voluntary Cleanup Program project management, and miscellaneous action items needed to obtain a Voluntary Cleanup Program Certificate of Completion and site closure for a two (2) acre tract of land situated generally at the southeast corner of Oakland Street and East McKinney Street, in Denton, Texas; authorizing the expenditure of funds therefor; providing an effective date (File 5204 in an amount not-to-exceed $154,000). FILE INFORMATION In spring 2011, Denton County offered for public sale a two acre tract of land located at the southeast corner of Oakland and East McKinney Street (subject 2.0 acre tract) and solicited bids via public auction method. The City Denton was the sole bidder in this auction. Thereafter, the City performed reasonably extensive environmental review and testing regarding the subject 2.0 acre tract to develop a better understanding of what measures were needed to mitigate impacts from the historical uses associated with the property. These impacts are similar to those observed in many downtown property tracts with long historical uses throughout the Dallas/Ft. Worth Metroplex. The property tract is located in close proximity to City of Denton properties, and acquisition of the tract by the City complements the programming and operations of the City of Denton Municipal Building, the Civic Center, and Quakertown Park. Also, the purchase provides space to accommodate ancillary municipal purposes and/or serve as a catalyst for future transit oriented development. Denton County entered into a Contract for Sale for the subject 2.0 acre tract with the City of Denton as outlined in Ordinance No. 2012-187. The property addressed at 312 East McKinney Street previously maintained a petroleum storage tank (PST) system including underground storage tanks (USTs), underground piping, and fuel dispensers. The PST system was removed in 1996. During Phase II investigation activities in April 2012, total petroleum hydrocarbons (TPH) were detected in soil samples collected near the former fuel dispensers and underground fuel pipeline. Additionally, gasoline-range and diesel- range TPH, benzene, ethylbenzene, methyl tert-butyl ether (MTBE), naphthalene, and 1,2,4- trimethylbenzene were detected in shallow groundwater. This release was reported to the Texas Commission on Environmental Quality (TCEQ) on January 2, 2013 by the City of Denton upon becoming the Site owner. Agenda Information Sheet April 2, 2013 Page 2 FILE INFORMATION Additional investigation activities are needed to further assess the presence and distribution of petroleum constituents in soil and groundwater in the release area and to evaluate the stability of the release. The investigation will be completed in accordance with the technical requirements of RG-411 [Investigating and Reporting Releases from Petroleum Storage Tanks (PSTs)], and will include additional investigations, completion of a Risk-Based Evaluation and Assessment Report Form, additional monitoring, completion of a Closure Request, and miscellaneous action items. Auto repair garages operated at 318 E. McKinney Street and 319 E. Oak Street, both part of the current Site parcel, in the mid-1900s. The property was also a printing shop for a brief period. Arsenic, lead, mercury, and selenium were detected in the surface soil near the former repair shops at concentrations exceeding their protective concentration levels (PCLs) or Texas Specific Background Concentrations (TSBCs). Arsenic and lead were detected in the initial shallow groundwater sample collected from monitoring well MW-01, and the concentration of arsenic exceeded the groundwater PCL. No metals were detected in the groundwater sample collected from monitoring well MW-02. submitted on December 21, 2012. The purpose of the additional investigation activities will be to further assess the presence and distribution of arsenic, lead and/or other metals in soil and groundwater in the release area and to evaluate the stability of the release. The investigation will be completed in accordance with the technical requirements of the Texas Risk Reduction Program (TRRP), and will include additional site characterization, completion and submission of an Affected Property Assessment Report (APAR), overall VCP project management, VCP certification of completion, and miscellaneous items. Depending on the outcome of these actions, a Municipal Setting Designation (MSD) may be appropriate for this site. All actions needed to complete a MSD are included as an option in the Professional Services Agreement that . staff is recommending to be awarded to W&M Environmental Group PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) City Council Closed Session Briefing on March 8, 2011. City Council Closed Session Briefing on April 5, 2011. City Council Closed Session Briefing on April 19, 2011. Resolution 2011-013 Offer to Purchase Contract. City Council Closed Session Briefing on July 19, 2011. City Council Closed Session Briefing on August 2, 2011. City Council Closed Session Briefing on February 7, 2012. Ordinance 2012-063 on March 6, 2012 added provisions for environmental review and timing of closing and funding event. Agenda Information Sheet April 2, 2013 Page 3 PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) Ordinance 2012-114 on May 22, 2012, extension of environmental review period to August 31, 2012 and authorize City Manager to negotiate terms. City Council Closed Session Briefing on August 14, 2012. City Council Consent Agenda Item on August 21, 2012 RECOMMENDATION Approve a Professional Services Agreement between the City of Denton and W&M Environmental Group, Inc. in an amount not to exceed $154,000. PRINCIPAL PLACE OF BUSINESS W&M Environmental Group, Inc. Plano, TX ESTIMATED SCHEDULE OF PROJECT The project will begin with additional investigation activities, which will be scheduled immediately upon receipt of a Purchase Order from the City of Denton. The Risk-Based Evaluation and Assessment Report Form will be submitted within 60 days of completion of these additional investigation activities. The Affected Property Assessment Report will be submitted within 60 days of completion of additional investigation activities, unless it is determined that a Municipal Setting Designation is first required. The schedule of subsequent activities will be dependent upon review and approval from the TCEQ. FISCAL INFORMATION The services to be performed will be funded from account 100165449.1360.30100. Requisition 112533 has been entered in the Purchasing software system. Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-File 5204 ORDINANCE NO. 2013-________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL AND PERSONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND W&M ENVIRONMENTAL GROUP, INC. FOR ENGINEERING SERVICES AND PERSONAL SERVICES PERTAINING TO THE COMPLETION OF A LEAKING PETROLEUM STORAGE TANK CLOSURE REQUEST, VOLUNTARY CLEANUP PROGRAM PROJECT MANAGEMENT, AND MISCELLANEOUS ACTION ITEMS NEEDED TO OBTAIN A VOLUNTARY CLEANUP PROGRAM CERTIFICATE OF COMPLETION AND SITE CLOSURE FOR A TWO (2) ACRE TRACT OF LAND SITUATED GENERALLY AT THE SOUTHEAST CORNER OF OAKLAND STREET AND EAST MCKINNEY STREET, IN DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE (FILE 5204 IN AN AMOUNT NOT-TO-EXCEED $154,000). WHEREAS, the City Council deems it necessary and appropriate and in the public interest to engage the engineering firm of W&M Environmental Group, Inc., a Corporation, located in Plano, Texas (hereafter , to provide the City with professional engineering and personal services pertaining to further investigation and completion of a leaking petroleum storage tank closure request, voluntary cleanup program project management, and for miscellaneous action items regarding work needed to obtain a VCP certificate of completion and site closure respecting a tract of real property recently acquired from Denton County, Texas; and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the hereinabove described professional services by the City, and that limited City staff cannot adequately perform the specialized engineering and other professional services and tasks, with its own personnel; and WHEREAS, Chapter 2254 of the Texas Governme professional services on the basis of competitive bids, but must select the provider of professional services on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and WHEREAS, the City Council hereby finds and concludes that W&M is appropriately qualified under the provisions of the law, to be retained as an engineering firm for the City, respecting this engagement; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the procurement of the foregoing professional services, as set forth in the and Personal Services Agreement; NOW, THEREFORE, 1 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations contained in the preamble hereto are true and correct and are incorporated herewith as a part of this Ordinance. SECTION 2: The City Manager is hereby authorized to execute a Professional and Personal Services Agreement with the engineering firm of W&M Environmental Group, Inc., a Corporation, for professional engineering and personal services pertaining to the interests of the City respecting environmental issues relating to the real property recently acquired in the vicinity of 300 East McKinney Street, in Denton, Texas, as hereinabove described, in substantially the form of the Agreement which is attached hereto as Exhibi which is incorporated herewith by reference. SECTION 3: The award of this Agreement is on the basis of the demonstrated competence and qualifications of the firm of W&M, and the ability of W&M, to perform the professional engineering and related personal services needed by the City for a fair and reasonable price. SECTION 4: The expenditure of funds as provided for in the attached Agreement is hereby authorized. SECTION 5: This ordinance shall become effective upon its passage and approval. PASSED AND APPROVED this the _______ day of ___________, 2013. _________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: __________________________________ 2 ConsentAgendaE AGENDA INFORMATION SHEET AGENDA DATE: April 2, 2013Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Frank Payne at 349-8946 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the clearing of sanitary sewer easements and installation of gates at multiple locations as specified in Bid 5171-Sanitary Sewer Easement Clearing and Gate Installation; providing for the expenditure of funds therefor; and providing an effective date (Bid 5171- awarded to the lowest responsible bidder meeting specification, DCI Contracting, Inc. in the not to exceed amount of The Public Utilities Board recommends approval (6-0). $318,860.00). BID INFORMATION The City possesses many sanitary sewer easements in undeveloped areas of the collection system which have become overgrown with vegetation, rendering the sewer lines inaccessible. This project will clear the overgrown areas and install gates at property fence lines to enable City staff to access and maintain the sewer lines and manholes. The scope of the project calls for approximately 90,000 feet (17 miles) of easement to be cleared and 100 gates to be installed. The work being located in the Hickory Creek basin. Standard City of Denton purchasing procedures were utilized. Bid notices were advertised in the local paper, posted on the internet, and emailed to prospective bidders. Bids for the construction phase of this project were opened on February 28, 2013. Three responses were received. The bids ranged from a low base bid of $318,860 to a high base bid of $824,206. The bid summary is enclosed as Exhibit 1. The low bidder for this project, DCI Contracting, Inc., appears to meet all of the necessary requirements for qualification on this project. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On March 25, 2013, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Award to the lowest bidder meeting specification, DCI Contracting, Inc. in the not to exceed amount of $318,860. Agenda Information Sheet April 2, 2013 Page 2 PRINCIPAL PLACE OF BUSINESS DCI Contracting, Inc. Decatur, TX ESTIMATED SCHEDULE OF PROJECT This project is estimated to be completed within 365 calendar days of issuance of the Notice to Proceed. FISCAL INFORMATION The project will be funded from operating account 640210541.1360.40100. Requisition #112505 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Bid Tabulation Exhibit 2: Public Utilities Board Draft Minutes Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-Bid 5171 Exhibit 1 IFB # 5171 DATE: February 28, 2013 Description: Sanitary Sewer Easement Clearing and Gate Installation No.Qty.DESCRIPTIONVENDORVENDORVENDOR DCI Steele & Caliber Contracting, Freeman, IncConstruction Inc. Fort Worth, Principle Place of Decatur, TXDenton, TX Business: TX $318,860.00$390,825.00$824,206.00 Total Base Bid YesYesYes Bid Bond YesYesYes Addendum #1 Exhibit 2 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3 March 25, 2013 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, March 25, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901A Texas Street, Denton, Texas. 9 10 Present: Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan, 11 Barbara Russell, Leonard Herring and Lilia Bynum 12 13 Absent: Chairman Dick Smith 14 15 Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM 16 OPEN MEETING: 17 18 CONSENT: 19 20 21 3)Consider a recommendation for the acceptance of Bid No. 5171 to DCI Contracting, Inc. for 22 the clearing of sanitary sewer easements and the installation of gates, in an amount not to 23 exceed $318,860. 24 Board Member Russell motioned to approve item 3 with a second from Board Member 25 Bynum. The vote was 6-0 approved 26 . 27 28 Adjournment 10:53 a.m. ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CLEARING OF SANITARY SEWER EASEMENTS AND INSTALLATION OF GATES AT MULTIPLE LOCATIONS AS SPECIFIED IN BID 5171- SANITARY SEWER EASEMENT CLEARING AND GATE INSTALLATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 5171-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, DCI CONTRACTING, INC. IN THE NOT TO EXCEED AMOUNT OF $318,860.00). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 5171 DCI Contracting, Inc. $318,860 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. 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 Bid 5171 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ________________ BY: _________________ 4-ORD-Bid 5171 ConsentAgendaF AGENDA INFORMATION SHEET AGENDA DATE: April 2, 2013Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Frank Payne at 349-8946 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for water and wastewater improvements as specified in Bid 5181-Cooper Creek Interceptor III; providing for the expenditure of funds therefor; and providing an effective date (Bid 5181-awarded to the lowest responsible bidder meeting specification, Condie Construction Company, Inc. in the amount of $990,958). The Public Utilities Board recommends approval (6- 0). BID INFORMATION The Cooper Creek Interceptor III project consists primarily of the replacement of approximately 4,400 feet of 18 inch gravity sanitary sewer with a combination of new 24, 27 and 30 inch sanitary sewer (Exhibit 1). The project is required to increase pipeline capacity and eliminate wet weather sanitary sewer overflows that occur during heavy rain events. Standard City of Denton purchasing procedures were utilized. Bid notices were advertised in the local paper, posted on the internet, and emailed to prospective bidders. Bids for the construction phase of this project were opened on March 14, 2013. Nine responses were received. The bids ranged from a low base bid of $990,958 to a high base bid of $1,645,476. opinion of probable construction cost for the project was approximately $1,050,000. The bid summary is enclosed as Exhibit 2. The low bidder for this project, Condie Construction Company, Inc., appears to meet all of the necessary requirements for qualification on this project. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On March 25, 2013, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Award Bid 5181 to the lowest responsible bidder meeting specification, Condie Construction Company, Inc. in the amount of $990,958. Agenda Information Sheet April 2, 2013 Page 2 PRINCIPAL PLACE OF BUSINESS Condie Construction Company, Inc. Springville, UT ESTIMATED SCHEDULE OF PROJECT The sewer line replacements are estimated to be completed within 225 calendar days of issuance of the Notice to Proceed. FISCAL INFORMATION This project will be funded from Capital Improvement Project fund account 640188542.1360.40100. Requisition #112504 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Map of Project Location Exhibit 2: Bid Tabulation Exhibit 3: Public Utilities Board Draft Minutes Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-Bid 5181 9ãwz,z· /¦;© /©;; L·;©-;¦·© LLL [- ·z a ¦ Exhibit 3 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3 March 25, 2013 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, March 25, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901A Texas Street, Denton, Texas. 9 10 Present: Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan, 11 Barbara Russell, Leonard Herring and Lilia Bynum 12 13 Absent: Chairman Dick Smith 14 15 Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM 16 OPEN MEETING: 17 18 CONSENT: 19 20 21 4)Consider recommending approval of Bid No. 5181 to Condie Construction Company, Inc. 22 for the construction of the Cooper Creek Interceptor III project, in an amount not to exceed 23 $990,958. 24 Board Member Russell motioned to approve item 4 with a second from Board Member 25 Bynum. The vote was 6-0 approved 26 . 27 28 Adjournment 10:53 a.m. ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR WATER AND WASTEWATER IMPROVEMENTS AS SPECIFIED IN BID 5181-COOPER CREEK INTERCEPTOR III; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 5181-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, CONDIE CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $990,958). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 5181 Condie Construction Company, Inc. $990,958 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. 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 Bid 5181 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ________________ BY: _________________ 4-ORD-Bid 5181 ConsentAgendaG AGENDA INFORMATION SHEET AGENDA DATE: April 2, 2013Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Vance Kemler at 349-8044 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of High Density Polyethylene Pipe (HDPE) for use in the City of Denton Landfill in a three (3) year amount not to exceed $150,000; providing for the expenditure of funds therefor; and providing an effective date (RFP 4892-awarded to Gajeske, Inc.). The Public Utilities Board recommends approval (7-0). RFP INFORMATION The waste that is placed within the landfill, in order to enhance microbic activity and waste decomposition within the waste pack. Liquid nutrients are introduced into the waste pack through a High Density Polyethylene Pipe (HDPE) piping system, which is installed within the waste pack as each waste cell is filled. The piping system allows for the controlled application of liquid nutrients throughout the waste cell, which then accelerates the landfill waste decomposition process, and the generation of methane gas. gas collection system to collect and use the methane gas as a green energy source. HDPE piping is used to collect and direct the gas to the electric power generator which is tied into the Denton Municipal Utilities power grid. The landfill gas collection system and the electric power generation station were designed for expansion as the methane gas production increases. Liquid nutrients and landfill gas piping (HDPE) and piping accessories, are generally purchased one to two times per year, and routinely installed throughout the fiscal year as the landfill receives waste. Standard purchasing procedures were followed to solicit proposals for the supply of the HDPE pipe. Request for Proposals (RFP) were sent to 110 prospective suppliers, including two Denton firms. In addition, notice was advertised in the local newspaper, and the specifications were placed on the City of Denton Materials Management website for prospective suppliers to download. Only one response was received meeting the minimum qualifications. The pricing sheet submitted by Gajeske, Inc. is shown as Exhibit 1. Agenda Information Sheet April 2, 2013 Page 2 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On March 11, 2013, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Approve an initial one (1) year contract with options to renew for two (2) additional one (1) year periods, with Gajeske Inc. in an amount not to exceed $150,000. PRINCIPAL PLACE OF BUSINESS Gajeske, Inc. Grand Prairie, TX ESTIMATED SCHEDULE OF PROJECT The initial term of this contract is for one year ending April 2, 2014. The City and Gajeske, Inc. shall have the option to renew this contract for two (2) additional one year periods. FISCAL INFORMATION The pipe will be purchased on as needed basis and will be funded from job cost accounts 660590594.1350.30100 and 660597594.1350.30100. EXHIBITS Exhibit 1: Pricing sheet Exhibit 2: Draft Public Utilities Board Minutes Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-RFP 4892 Exhibit 2 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3 March 11, 2013 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, March 11, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901A Texas Street, Denton, Texas. 9 10 Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy 11 Robinson, Phil Gallivan, Barbara Russell, Leonard Herring and Lilia 12 Bynum 13 14 Ex Officio Members: Howard Martin, ACM Utilities; (absent) George Campbell, CM 15 OPEN MEETING: 16 17 CONSENT AGENDA: 18 19 20 6)Recommend approval to award a purchase agreement in the estimated annual amount of 21 $50,000 or $150,000 for a three year maximum term for the purchase of high density 22 polyethylene pipe (HDPE) and accessories for use in the City of Denton landfill, from 23 Gajeske Inc., Houston, Texas. (RFP 4892). 24 Board Member Gallivan motioned to approve this item with a second from Board Member 25 Russell. The vote was 7-0 approved 26 . 27 28 Adjournment 11:06 a.m. ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR THE PURCHASE OF HIGH DENSITY POLYETHYLENE PIPE (HDPE) FOR USE IN THE CITY OF DENTON LANDFILL IN A THREE (3) YEAR AMOUNT NOT TO EXCEED $150,000; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 4892-AWARDED TO GAJESKE, INC.). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the supply of High Density Polyethylene Pipe for the City of Denton Landfill 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, equipment, sfor 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 4892 Gajeske, Inc. $150,000 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 the RFP 4892 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 , 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:____________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ________________ BY: _________________ 4-ORD-RFP 4892 ConsentAgendaH AGENDA INFORMATION SHEET AGENDA DATE: April 2, 2013 DEPARTMENT: Solid Waste ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Consider approval of an ordinance finding that a public use and necessity exists to acquire fee simple to a 4.620 acre tract situated in the Gideon Walker Survey, Abstract No. 1330, located in attached to the ordinance and made a part thereof, located generally at 1001 South Mayhill Road Landfill, a permitted municipal solid waste disposal facility; authorizing the City Manager or his designee to make an offer to (1) Denmiss Corporation, a Mississippi corporation, Dynamic Color Images, Inc., a Texas corporation, d/b/a Gameguard Camouflage and Elite Creative Solutions, to the owner to the property interests; or (3) any other owners of the property interests, as may be applicable, to purchase the property interests for the purchase price of One Million Two Hundred Fifty Thousand Dollars and No cents ($1,250,000.00), and other consideration, as prescribed in authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date. BACKGROUND This tract is necessary to provide additional land and infrastructure for future solid waste operations. The acquisition is included as part of the Solid Waste Doverall strategic plan. Integra Realty Resources has provided a real estate appraisal report in regard to the Denmiss 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. Agenda Information Sheet April 2, 2013 Page 2 PRIOR ACTION/REVIEW (Council, Boards, Commissions) PUB Executive Session January 23, 2012 City Council Executive Session February 7, 2012 PUB Executive and Consent Agenda March 11, 2013 (Approved 7-0) FISCAL INFORMATION The acquisition will be funded from Solid Waste Long Term Bonds in the amount of the 00 purchase price $1,250,000. plus transaction closing costs. BID INFORMATION Not applicable EXHIBITS 1.Location Map 2. Ordinance Respectfully submitted, Vance Kemler, General Manager Solid Waste Prepared by, Pamela England, Real Estate Specialist Denton Municipal Landfill Proposed Acquisition Denmiss - 4.62 Acres Denton Municipal Landfill Proposed Acquisition Legend µ Denmiss 4.62 Acres SITE Parcels 3001500300Feet Streets ConsentAgendaI AGENDA INFORMATION SHEET AGENDA DATE: April 2, 2013 DEPARTMENT: Parks and Recreation ACM: John Cabrales SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of the Texas Tea Music Fest hosted by RedStarr Entertainment, LTD to be held at the North Texas State Fairgrounds on Friday and Saturday, May 24 and 25, 2013, beginning at noon and concluding at 11 p.m. The exception is requested for extension of the hours of operation. There is no request to exceed the allowable 70 decibels. Staff recommends approval of the requested exception to the noise ordinance. BACKGROUND This first time event will be held at the North Texas State Fairgrounds located at 2217 N. Carroll Blvd. This event will include a battle of the bands, car show, and approximately 150 vendors. The attendance is anticipated to be approximately 13,000. Event organizers plan to conclude the music by 10:30 p.m. but in case of delays, request the noise exception to extend to 11 p.m. PRIOR ACTION/REVIEW (Council, Boards or Commissions) None. First time event. RECOMMENDATION Staff recommends approval of the request for the extension of the hours of operation. EXHIBITS Letter of Request Respectfully submitted by: Emerson Vorel, Director Parks and Recreation Prepared By: Janie McLeod Community Events Coordinator To Whom it May Concern; The Texas Tea Music Fest is going to be held at the North Texas thth Fair Grounds at 2217 N. Carroll Blvd, Denton, TX. On May 24. & 25. , 2013. There will be live music running till about 10:30pm. No later thatn 11pm. We would permission to extend the noise ordinance to us for no later than 11pm on those dates. We will try and keep it to the 7 you would increase that as well would be appreciated it. Thank You Buddy Mullin ConsentAgendaJ AGENDA INFORMATION SHEET AGENDA DATE: April 2, 2013Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Terry Kader at 349-8424 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the National Intergovernmental Purchasing Alliance Company (National IPA) for the purchase of gasoline and diesel fuels for the City of Denton as awarded by Contract#09-0112; and providing an effective date (File 5208-Purchase of Gasoline and Diesel Fuels awarded to Martin Eagle Oil Company, Inc. in the annual estimated amount of $5,500,000). FILE INFORMATION On February 7, 2012, Council approved the purchase of gasoline and diesel fuel through an interlocal contract with Tarrant County, from the awarded vendor, Douglass Distributing. During the past fiscal year, the Finance, Materials Management and Fleet Services departments have researched several options for the purchase of fuel for the City of Denton in order to identify the most cost efficient product. After reviewing various contracts, staff is recommending the award of a contract to a local vendor, Martin Eagle Oil Company, utilizing the National Intergovernmental Purchasing Alliance Cooperative Purchasing Agreement (Ordinance 2011- 094). The original Fuel Agreement which was awarded as a partnership between National IPA and the City of Fort Worth, was approved on November 10, 2009 and has been renewed for subsequent years through November 10, 2013. The Agreement can be extended for an additional one (1) year renewal at that time. On an annual basis, the City of Denton expects to purchase an average of 1,380,000 gallons of fuel with an average cost of $3.37 per gallon, for an annual estimated cost of $4,646,541 (Exhibit 1 Fuel Usage Chart). Based on the average purchase of 1,380,000 gallons, the contract with Martin Eagle Oil Company is projected to produce a savings of approximately $57,000 annually. The annual estimated award amount of $5,500,000 includes a contingency for fleet additions and fuel rate increases. RECOMMENDATION Approve the National Intergovernmental Purchasing Alliance Fuel Agreement for the purchase of Ethanol Blend (E85), Unleaded, Diesel, and Bio-Diesel fuels from Martin Eagle Oil Company in the estimated annual amount of $5,500,000. Agenda Information Sheet April 2, 2013 Page 2 PRINCIPAL PLACE OF BUSINESS Martin Eagle Oil Company, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT Fuel orders from this agreement shall begin upon award by Council, once 30 days notice of cancellation r. FISCAL INFORMATION Fuel is purchased using the Fleet Services Operating Budget accounts 820100.6408 (Unleaded), 820100.6418 (Diesel), and 820100.6417 (Bio-Diesel). This cost is then charged back to the using departments. EXHIBITS Exhibit 1: Estimated Fuel Usage Exhibit 2: National IPA Fuel Agreement Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-File 5208 Exhibit 2 Exhibit 2 CITY OF FT. WORTH Contract 09-0012 for Motor Fuels and Aviation Fuels with Martin-Eagle Oil Company, Inc. Effective: November 10, 2009 The following documents comprise the executed contract between the City of Ft. Worth and Martin-Eagle Oil Company, Inc., effective November 10, 2009: I. Notice of Intent to Award II. Martin-Eagle Best and Final Offer Response III. Martin-Eagle’s Response to the RFP a. RFP Response b. RFP Pricing Response From: Dale, Jack [mailto:Jack.Dale@fortworthgov.org] Sent: Friday, September 04, 2009 1:57 PM To: Corky Childers Subject: Fort Worth RFP 09-0012, Fuels Good afternoon Mr. Childers: In order to standardize proposal comparisons, we request that proposers offer OPIS: RFG Ethanol 10% Regular at the Dallas Metro TX, Net Contract Average ($/gal) and their differential (+/-) for branded and unbranded fuels. Please provide same for Ultra-Low Diesel LED Dallas Metro TX, Net Contract Average ($/gal) and their differential (+/-) for branded and unbranded fuels. Differentials offered should include a breakdown of profit and discounts. Please bear in mind that this contract represents an opportunity to increase Martin Eagle’s business without additional bidding expenses. To be competitive in this process, Martin Eagle’s Ultra-Low Diesel differential will need to be (.0037)/gal or better, including the administrative fee and .0087/gal or better on the RFG Ethanol 10% Regular, including the administrative fee. Please provide this information to me by close of business Wednesday, September 9, 2009. Please call me at 817-392-8357 if you have any questions regarding this request. Regards, Jack Dale, C.P.M., CPPB Purchasing Manager City of Fort Worth Purchasing Division 1000 Throckmorton Fort Worth, Texas 76102 Telephone: 817-392-8357 Facsimile: 817-392-8440 Email:jack.dale@fortworthgov.org City of Fort Worth RFP Gasoline RFG with 10% ETHANOL87 OCTANEMEO +/- FreightEthanol Credit Total +/-Ethanol CreditTotal +/- Transport 7500 gallons or greater$ .0187 +$0.00$ .0450 -(-)$ .0263 Transports4000 to7499$ .0287 +$0.00$ .0450 -(-)$ .0163 Tankwagon 3999 or less$ .0387 +$0.00$ .0450 -(-)$ .0063 Tankwagonbuyer truck $ .0187 +$0.00$ .0450 -(-)$ .0387 RFG with 10% ETHANOL89 OCTANE Transport 7500 gallons or greater$ .0187 +$0.00$ .0450 -(-)$ .0263 Transports4000 to7499$ .0287 +$0.00$ .0450 -(-)$ .0163 Tankwagon 3999 or less$ .0387 +$0.00$ .0450 -(-)$ .0063 Tankwagonbuyer truck $ .0187 +$0.00$ .0450 -(-)$ .0387 RFG with 10% ETHANOL91/93 OCTANE Transport 7500 gallons or greater$ .0187 +$0.00$ .0450 -(-)$ .0263 Transports4000 to7499$ .0287 +$0.00$ .0450 -(-)$ .0163 Tankwagon 3999 or less$ .0387 +$0.00$ .0450 -(-)$ .0063 Tankwagonbuyer truck $ .0187 +$0.00$ .0450 -(-)$ .0387 E-85 Summer BlendE-70 Winter Blend Transport 7500 gallons or greater$ .3575 +$0.00$ .3825 -(-)$.0250$ .3150 -(+)$.0425 Transports4000 to7499$ .4075 +$0.00$ .3825 -(+)$.0250$ .3150 -(+)$.0925 Tankwagon 3999 or less$ .4575 +$0.00$ .3825 -(+)$.0750$ .3150 -(+)$.1650 Tankwagonbuyer truck N/A N/A Diesel/Bio-Fuels MEO +/- FreightTotal +/- TxLED ULSD Diesel15PPM Transport 7500 gallons or greater$ .0037 -$0.00$ .0037 - Transports4000 to7499$ .0063 +$0.00$ .0063 + Tankwagon 3999 or less$ .0363 +$0.00$ .0363 + Tankwagonbuyer truck $ .0037 -$0.00$ .0037 - Red-Dyed TxLED ULSD 15PPMadd $.0050(1/2 cent) to above TxLED ULSD Totals if red dyed diesel is required BioDiesel B-2 Transport 7500 gallons or greater$ .0121 -$0.00$ .0121 - Transports4000 to7499$ .0021 -$0.00$ .0021 - Tankwagon 3999 or less$ .0279 +$0.00$ .0279 + Tankwagonbuyer truck $ .0121 -$0.00$ .0121 - BioDiesel B-5 Transport 7500 gallons or greater$ .0421 -$0.00$ .0421 - Transports4000 to7499$ .0321 -$0.00$ .0321 - Tankwagon 3999 or less$ .0021 -$0.00$ .0021 - Tankwagonbuyer truck $ .0421 -$0.00$ .0421 - BioDiesel B-10 Transport 7500 gallons or greater$ .0921 -$0.00$ .0921 - Transports4000 to7499$ .0821 -$0.00$ .0821 - Tankwagon 3999 or less$ .0521`-$0.00$ .0521`- Tankwagonbuyer truck $ .0921 -$0.00$ .0921 - BioDiesel B-15 Transport 7500 gallons or greater$ .1421 -$0.00$ .1421 - Transports4000 to7499$ .1321 -$0.00$ .1321 - Tankwagon 3999 or less$ .1031 -$0.00$ .1031 - Tankwagonbuyer truck $ .1421 -$0.00$ .1421 - BioDiesel B-20 Transport 7500 gallons or greater$ .1921 -$0.00$ .1921 - Tankwagon4000 to7499$ .1821 -$0.00$ .1821 - Tankwagon 3999 or less$ .1521 -$0.00$ .1521 - Tankwagonbuyer truck $ .1921 -$0.00$ .1921 - Fee for Truck Pump Use$50.00 . Fee for a Split Load $50.00 Fee for Loads Less than 3999 $50.00 Does not include any appicable Federal, State or Local Taxes MEO will apply as a separate line item any tax or fee imposed by a Federal or State agency The OPIS report used for these tabulations is the one used with the current contracts Questions contact Phillip Childers III Martin Eagle Oil Co., Inc. at 800-316-6148 ext 233 office/toll free 817-239-9973 cell or p.childers@yahoo.com In this format we have included the IPA one cent ($0.0100) in the Totals +/- section. The E-85 section is in two parts because of the requirement on the amount of ethanol allowed in summer/winter blends. MARTIN EAGLE PRICING BAFO ACCEPTED CHANGES TO RFP-MASTER AGREEMENT Determination of OPIS Pricing Benchmarks for Participating Public Agencies Biodiesel Due to the unreliability of OPIS Biodiesel Benchmarks in some rack cities, Participating Public Agencies may make a determination as to whether the OPIS published pricing for biodiesel accurately reflects market pricing in their market. Based on each agency’s determination, where there is a reliable benchmark for biodiesel that benchmark will be utilized by the suppliers, however where there is not a reliable benchmark, the methodology to be utilized for biodiesel pricing will be on a component basis. The portion of biodiesel that is diesel product will be priced based on proposed pricing for that product. The additive will be priced at supplier cost. Annual Adjustments to Market Differentials Supplier may propose adjustments to the market differentials 90 days prior to each annual Master Agreement renewal date. Supplier must submit its request in writing with documentation to support the request for the adjustment of the differentials. Market Differential price adjustments must be approved in writing by the City of Fort Worth to be effective and will go into effect 30 days after such approval. Texas Agencies Only Participating public agencies in the state of Texas who purchase less than transport quantities have the ability to utilize the one supplier as their primary supplier for all motor fuels in order to receive and/or maximize transport pricing. This will combine both products in one transport delivery, receiving transport pricing and delivery saving benefits. ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT THROUGH THE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY (NATIONAL IPA) FOR THE PURCHASE OF GASOLINE AND DIESEL FUELS FOR THE CITY OF DENTON AS AWARDED BY CONTRACT#09-0112; AND PROVIDING AN EFFECTIVE DATE (FILE 5208-PURCHASE OF GASOLINE AND DIESEL FUELS AWARDED TO MARTIN EAGLE OIL COMPANY, INC. IN THE ANNUAL ESTIMATED AMOUNT OF $5,500,000). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee is hereby authorized to purchase gasoline and diesel fuel in the estimated amount of $5,500,000 from Martin Eagle Oil Company, Inc. under competitive proposals received by the National Intergovernmental Purchasing Alliance as awarded by the City of Fort Worth, Texas in accordance with an Interlocal Cooperative Purchasing Program Participation Agreement under Section 271.102 of the Local Government Code which is on file in the office of the Purchasing Agent. SECTION 2. 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 5208 to the City Manager of the City of Denton, Texas, or his designee. SECTION 3. The City Manager, or his designee, is authorized to expend funds pursuant to the agreement for the purchase of various goods and services. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of _______________________, 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 4-ORD-File 5208 ConsentAgendaK AGENDA INFORMATION SHEET AGENDA DATE: April 2, 2013 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance abandoning and vacating the remaining portion of a 1.511 acre drainage easement granted to the City of Denton, Texas pursuant to that certain drainage easement, accepted by the City of Denton, March 15, 2007, from D.R. Horton – Texas, Ltd., and recorded as Instrument No. 2007-30855, Real Property Records, Denton County, Texas, and abandoning and vacating an 0.693 acre drainage easement granted to the City of Denton, Texas pursuant to that certain drainage easement, accepted by the City of Denton, September 27, 2011, D.R. Horton – Texas, Ltd., and recorded as Instrument No. 2011-91225, Real Property Records. Denton County, Texas said drainage easements located in the William Roark survey, Abstract No. 1087, Denton County, Texas; and declaring an effective date.(Meadows of Hickory Creek Subdivision) BACKGROUND D.R. Horton – Texas, Ltd., owner and developer of the Meadows of Hickory Creek Development has made a formal request for the City of Denton to abandon the remaining portion of a 1.511 acre public drainage easement and the full abandonment of a 0.693 acre drainage easement that encumber its planned development. Both requested abandonment areas were designed as a transitional easement with temporary drainage improvements. The temporary drainage improvements allowed the planned development to be constructed in phases. As new phases have been constructed permanent public improvements have been made to address developmental requirements. To address the specific issue of the two drainage easements areas subject for abandonment, D.R. Horton – Texas, Ltd., has made the necessary alterations, and those improvements have been accepted by the City of Denton. The Development Review Committee has reviewed the abandonment request and recommends approval of the request. Staff performs an analysis on the request for easement abandonments as follows: Are the easement tracts requested for abandonment considered “excess easements”? Do the easement tracts that are requested for abandonment have a continued public use? Is it in the best interest of the general public to abandon the government’s rights in the subject abandonment tracts? Would the granting of this request establish a precedent for easement abandonment for future requests? Staff findings on this analysis are as follows: 1.The requested easement abandonment tracts fit the criteria of “excess easement.” Excess easement is defined as: Property acquired or used by the City for easement subsequently declared excess (not needed for any public project, the continuation of operation and maintenance of public facilities, and/or no foreseeable utility application in the future). 2.The easement abandonment tracts, are not slated for utilization of any future public drainage. 3.The easement abandonments are in the public interest because the areas for the subject abandonments are no longer needed by the public and/or have not been utilized for the public. 4.These abandonments will not set precedent because the above three standards have been met. OPTIONS 1. Recommend approval of the Ordinance. 2. Do not recommend approval. RECOMMENDATION Staff recommends approval of the Ordinance. ESTIMATED PROJECT SCHEDULE Summer 2013 PRIOR ACTION/REVIEW (Council, Boards, Commissions) Development Review Committee FISCAL INFORMATION Not applicable. EXHIBITS 1. Location Map 2. Ordinance Respectfully submitted: Jimmy D. Coulter Director of Water/Wastewater Water Administration Prepared by: ____________________________________________ Mark A. Laird Right-of-way Agent Real Estate and Capital Support EXHIBIT 1 DENTON DOWNTOWN CONGRESS HICKORY SYCAMORE PRAIRIE MORSE FANNIN RICH NTS Easement Abandonment Area LOCATION MAP EXHIBIT 2 ConsentAgendaL AGENDA INFORMATION SHEET AGENDA DATE: April 2, 2013 DEPARTMENT: Finance ACM: Bryan Langley SUBJECT Consider approval of tax refunds for the following property taxes: Tax Name Reason Year Amount Target Corporation DCAD Supplemental Change 2012 $6,882.83 FILE INFORMATION Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. The refund for consideration is attributed to an oversight in mailing a supplemental tax statement to the wrong address. The taxpayer, through their qualified agent made a payment on the tax statement that was sent in October 2012. A supplement to add final value to the property was submitted in January 2013 and a subsequent tax statement was mailed to the wrong address in error on February 2, 2013. Through research it has been determined that a copy of the tax statement was not billed to the agent. As a result, the tax was not paid prior to the delinquency date. This refund is to reimburse Target Corporation for the penalty and interest and is recommended by the Denton County Tax Assessor / Collector. RECOMMENDATION Staff recommends approval of the tax refund. Agenda Information Sheet April 2, 2013 Page 2 FISCAL INFORMATION The tax refund of $6,882.83 represents penalties and interest and will be refunded by Denton County upon approval by the City Council. EXHIBITS Exhibit 1: Denton County request for waiver letter dated March 14, 2013. Respectfully submitted: Chuck Springer Director of Finance Prepared By: Christine Taylor Budget Technician ConsentAgendaM ConsentAgendaN IndividualItemA AGENDA INFORMATION SHEET AGENDA DATE: April 2, 2013 DEPARTMENT: Planning and Development ACM: John Cabrales SUBJECT - S12-0005 (DME Audra Substation) Consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit to allow a basic utility; a DME electric substation, on approximately 8.75 acres of land within a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, located west of Loop 288, south of Audra Lane, and directly east of Audra Meadows, Phase 2 Subdivision, within 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 (S12-0005) The Planning and Zoning Commission recommends approval, subject to conditions (5-0). BACKGROUND The subject property includes an approximate total of 26.5 acres, of which Denton Municipal Electric (DME) is requesting to construct an electrical substation on approximately 8.75 acres. Pursuant to Subchapter 35.5.2 (Permitted Uses) of the Denton Development Code (DDC), if a Basic Utility is proposed within two hundred (200) feet of a residential zoning district, approval is subject to a Specific Use Permit (SUP). The site is surrounded by residential zoning districts. The site was recently acquired by the City of Denton as part of the overall electrical transmission - 2017 Capital Improvement Plan (CIP). The proposed electrical substation is one (1) of twelve (12) new and/or proposed upgrades to existing substations which will provide enhanced electrical service to Denton. See Exhibit 11 for the aforementioned DME projects which include the approximate location of the DME substation sites. The Audra Substation is part of the Spencer to Kings Row 69 kV Transmission As part of the Governmental Entity Development Review Process, DME has submitted application for both a preliminary (PP13-0001) and final plat (FP13-0001), as well as a Specific Use Permit. The Governmental Entity Development Review Process provides for a concurrent review of documents in the development review process while ensuring that public safety, adequate facilities, regulatory compliance and appropriate environmental stewardship is achieved. The property is currently undeveloped. The applicant is proposing to preliminary plat the entire 26.5 acre tract into four (4) lots and will final plat the 8.75 acre electrical substation site. There are currently no specific plans for the three (3) remaining lots included within the preliminary Agenda Information Sheet April 2, 2013 Page 2 plat. The electrical substation will be constructed in two (2) phases. Phase One will include construction of the substation and connection of the substation to an existing transmission line adjacent to the site. Phase Two will include construction of a new transmission line, connection of the substation to the new transmission line and decommissioning and removal of the old transmission line. Prior to the city-wide rezoning in 2002, the site was dually zoned; Commercial (C) and the majority of the site was located within Planned Development 27 (PD-27). PD-27 was repealed with the adoption of the DDC and development of this property is subject to current DDC requirements. Several public meetings were held in early 2012 by DME. Additionally, the Public Utility Board conducted a public hearing on December 10, 2012, and recommended approval of the site for construction of the substation. Although no citizens attended the public hearing, DME has received comments from several nearby residents; none in opposition to the request. A public hearing was held before the City Council on March 19, 2013. At that time, the City Council continued this item and directed staff to meet with the residents of Bayfield Drive to determine the most appropriate screening standards. DME scheduled a meeting on Tuesday, March 26, 2013, at The Mill at Denton Bible Church. DME will be prepared to discuss the outcome of the neighborhood meeting at the public hearing. The results of the neighborhood meeting may amend the conditions of approval for the Specific Use Permit. Staff sent thirty-two (32) certified notices of the public hearing to property owners within two hundred (200) feet of the subject property and seventy eight (78) notices to residents and property owners within five hundred (500) feet of the property. As of this writing, staff has received sixteen (16) notices in opposition to the request (13.87%); one (1) notice in favor of the request and two (2) notices neutral to the request. PRIOR ACTION 1.December 10, 2012, Public Utility Board Public Hearing 2.February 20, 2013, Planning and Zoning Commission Public Hearing 3.March 19, 2013, City Council Public Hearing tabled to a date certain of April 2, 2013 OPTIONS 1.Approve as submitted. 2.Approve with conditions. 3.Deny. 4.Postpone consideration. 5.Table item. Agenda Information Sheet April 2, 2013 Page 3 RECOMMENDATION APPROVAL , The Planning and Zoning Commission recommends of S12-0005subject to the conditions below recommended by the Development Review Committee. APPROVAL The Development Review Committee recommends of S12-0005, subject to the following conditions: 1.A one-hundred (100) foot wide buffer area shall be maintained on the western property line, adjacent to the existing single family subdivision (Audra Meadows, Phase 2). Within the 100-foot buffer area, the applicant shall provide the required Type C buffer using existing and new plantings. A Type C buffer includes a fifteen (15) foot planted strip with a combination of five (5) evergreen and deciduous trees and thirty (30) shrubs per one hundred (100) linear feet. The remaining eight-five (85) feet shall include grass only; and 2.A perimeter masonry wall shall be constructed with a minimum height of ten (10) feet. See Exhibit 9 for examples of perimeter walls and Exhibit 10 for a perimeter wall simulation of the Audra site. EXHIBITS 1.DRC Staff Report 2.Aerial Map 3.Zoning Map 4.Future Land Use Map 5.Notification Map & Responses 6.Applicant Letter of Intent 7.Site Plan 8.Western Property Line Buffer 9.Perimeter Wall Examples 10.Perimeter Wall Simulation (Audra Site) 11.Proposed New DME Substation Sites/Expansions 12.Site Photos 13.February 20, 2013, Planning and Zoning Commission Meeting Minutes 14.Ordinance Agenda Information Sheet April 2, 2013 Page 4 Respectfully submitted: Brian Lockley, AICP, CPM Planning and Development, Director Prepared by: Johnna M. Matthews Senior Planner Exhibit 1 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: February 20, 2013 TYPE: Specific Use Permit CC Date: March 19, 2013 PROJECT #:S12-0005 Tabled to CC April 2,2013 Date: Project Number: S12-0005, DME Audra Substation Request: A Specific Use Permit (SUP) to allow for a new electrical substation Applicant: Teague Nall and Perkins, Inc. 1517 Centre Place Drive, Suite 320 Denton, TX 76205 Property Denton Municipal Electric Owner: 215 E. McKinney Street Denton, TX 76201 Location: The property is located on the west side of Loop 288 and directly east of Audra Meadows, Phase 2 Subdivision. Size: 8.75 acres +/- Existing Zoning Neighborhood Residential Mixed Use 12 (NRMU-12) Designation: Future Land Use: Neighborhood Centers Case Planner: Johnna M. Matthews DRC Recommendation: The Development Review Committee (DRC) recommends Approval of S12-0005, subject to conditions. Summary of Analysis The Denton Development Code, Subchapter 35.5.2.2, requires approval of a Specific Use Permit (SUP) for a basic utility if the proposed use is within two hundred (200) feet of a residential zoning district. The site is surrounded by residential zoning districts. The criteria for approval of a SUP is provided in Subchapter 35.6.4 of the Denton Development Code, which states that SUPs 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 existing restrictions within the NRMU-12 zoning district, the landscape buffer required along the western property line and the ten (10) foot masonry perimeter wall, which will be constructed to simulate a rock wall; will ensure that the development is compatible with and not injurious to the use and enjoyment of adjacent properties. The substation will be unmanned and will be visited infrequently and as such will not generate traffic. The substation will not generate noise, odors or fumes. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Directly west of the site is an existing single family subdivision. In addition to the required Type C Buffer, which includes a fifteen (15) foot planted strip comprised of a combination of five (5) evergreen and deciduous trees and 30 shrubs per one hundred (100) linear feet; which the applicant will accomplish with a combination of existing and new plantings, staff is recommending an additional eight-five (85) foot buffer area, which will include grass only, for a total 100-foot wide buffer area between the proposed substation and the existing single family subdivision to the west. DME currently owns the property to the north. All other adjacent properties are currently undeveloped. Staff also recommends approval of a minimum ten (10) foot masonry perimeter wall. The proposed development will not impede the normal and orderly development of these adjacent properties. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; The proposed development will require preliminary and final platting of the entire 26.5 acre site which is currently under review. The proposed electrical substation imposes virtually no impact on public infrastructure, as it does not use domestic water or wastewater. There will be minimal traffic to the site. No future facilities are needed for the site other than the future electric transmission line. 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; Access into the substation site will be intentionally restricted to authorized personnel only for maintenance or monitoring. There will be no public vehicular or pedestrian traffic and no parking spaces. The access drive from Loop 288 will be designed to accommodate the large trucks that may be required for future equipment replacement. 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; The electrical substation will not generate offensive odor, fumes, dust, noise or vibration. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and The substation site will be protected by a ten (10) foot masonry perimeter wall, and except for extreme circumstances will not be visited by service personnel at night. Lighting on site will be in the form of wall-pac lights mounted on the equipment enclosure inside the facility. The lights will not be visible from outside the secure area. Any additional lighting will be directional lighting aimed at the interior of the site. 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The landscaping provided will meet or exceed the requirements of the NRMU-12 zoning district. The 100-foot buffer along the western property line along with the required minimum 40% landscaped area and 45% tree canopy cover will provide sufficient landscaping and screening to ensure harmony and compatibility with adjacent properties. Findings of Fact 1.Denton Municipal Electric (DME) recently acquired an approximate 26.5 acre tract to construct an electrical substation as part of the overall electrical transmission and distribution system, as outlined by DME’s 2013-2017 Capital Improvement Plan (CIP) in order to provide enhanced electrical service to Denton. 2.The parent tract includes approximately 26.5 acres. The request is for approval of a Specific Use Permit (SUP) to allow a ”Basic Utility” on approximately 8.75 acres of the total 26.5 acres. 3.The applicant proposes to construct an electrical substation in two (2) phases. Phase I will include construction of the substation with connection to an existing transmission line adjacent to the site. Phase II will include construction of a new transmission line, connection of the substation to the new transmission line and decommissioning and removal of the old transmission line. 4.Several public meetings were held in early 2012 by DME. Additionally, the Public Utility Board conducted a public hearing on December 10, 2012 and approved the site for construction of the substation. Although no citizens attended the public hearing, DME has received comments from several nearby residents; none in opposition to the request. 5.Prior to the 2002 city-wide rezoning, the site was dually zoned; Commercial ( C ) and the majority of the site was located within Planned Development 27 (PD-27). 6.The Future Land Use designation for the site is Neighborhood Centers and allows basic utilities/electric substations to meet the needs of the City. 7.Adjacent zoning districts include Neighborhood Residential Mixed Use 12 (NRMU-12) and Neighborhood Residential Mixed Use (NRMU) to the north; Neighborhood Residential Mixed Use 12 (NRMU-12) to the south; Neighborhood Residential 4 (NR-4) to the west and Neighborhood Residential 4 (NR-4), and Neighborhood Residential Mixed Use (NRMU) to the east. 8.The area to the west is developed with a single family subdivision. However, properties to the north and south are undeveloped. Directly east of the site is a commercial use. 9.Landscape buffers are required between certain abutting land use categories to mitigate or minimize nuisances. A Type C buffer is required along the western property line. A Type C buffer includes a fifteen (15) foot planted strip that includes a combination of six (6) evergreen and deciduous trees and twenty-five (25) shrubs per one hundred (100) linear feet. An additional eighty-five (85) –foot buffer area is recommended and proposed by DME, along the western property line; adjacent to the existing single family subdivision. 10.A riparian buffer Environmentally Sensitive Area (ESA) designation was removed in 2012 per ESA12-0007, as it did not meet ESA criteria The stream riparian buffer was not located on the property subject to this Specific Use Permit; however was located near Audra Lane and ran north and south . 11.The site is not platted. Preliminary and final platting is required prior to the development and the issuance of building permits. A preliminary plat (PP13-0001) and final plat (FP13-0001) are currently under review by the Development Review Committee. The applicant proposes to preliminary plat the entire 26.5 acres and will final plat the electrical substation site, which includes approximately 8.75 acres. 12.The development is proposing a point of access onto Loop 288 that is lined up directly across from Prominence Parkway. 13.Loop 288 is a TxDot owned and maintained roadway and is classified as an improved street, and is also considered to be a Collector Street. 14.Domestic water and wastewater are not required for this development. However, because a fire hydrant is not located within 400 feet from the site, a fire hydrant is required for fire protection. DME will also use the fire hydrant for irrigation purposes. 15.Water is available by connecting to the existing six (6) – inch main that extends to the site from the west through the existing single family subdivision, and extending the existing main eastward to facilitate the required fire hydrant placement. Development Review Committee IS CONSISTENT The Development Review Committee finds that the request with the criteria IS CONSISTENT for approval in Subchapter 35.6.4 of the Denton Development Code, with the IS CONSISTENT general character of the area and with the Denton Plan. APPROVAL The Development Review Committee (DRC) recommends of S12-0005, subject to conditions. 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 4 (NR-4) Neighborhood Residential Mixed Neighborhood Residential Mixed (Single-family subdivision) Use 12subdivision (NRMU-12), Use 12 (NRMU-12), Neighborhood (Undeveloped) Residential Mixed Use (NRMU) (Undeveloped) West:Subject Property East: Neighborhood Residential 4 (NR-4) Neighborhood Residential Mixed Neighborhood Residential Mixed (Single-family subdivision) Use 12 (NRMU-12) Use 12 (NRMU-12), (Undeveloped) Neighborhood Residential Mixed Use (NRMU) (Undeveloped & Commercial) Southwest: South: Southeast: Neighborhood Residential Mixed Neighborhood Residential Mixed Neighborhood Residential Mixed Use 12 (NRMU-12) Use 12 (NRMU-12) Use 12 (NRMU12), Employment (Undeveloped) (Undeveloped) Center Industrial (EC-I) (Undeveloped & Commercial) 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 185 acres. Uses within a ¼ mile radius of the site include agricultural uses, single family subdivisions, commercial uses, institutional uses and undeveloped land. Specifically, within a ¼ mile radius, there are approximately 62 acres which are considered agricultural uses; 61 acres are developed with commercial uses; 11 acres are developed with institutional uses such as FEMA; 47 acres are developed with single family and approximately 4 acres remain undeveloped. Comprehensive Plan: The underlying future land use designation is Neighborhood Centers. 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 multistory development in the neighborhood may be developed to incorporate shops on the ground floor and offices or residences on the upper floors. Nearest Fire and EMS Station Approximate Distance From Name of Station Subject Property Fire/EMS Fire Station # 2 (3309 E. McKinney Street) 2.08 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 8.75 acres Proposed Demand or No) Permitted Density N/A N/A Potable Water Consumption at O (domestic) Yes peak hour (GPD) Wastewater Generation at peak O (domestic) Yes hour (GPD) B. Available Capacity: N/A C. CIP Planned Improvements: N/A Roadways/Transportation Network: A. Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 8.75 acres ± Proposed Demand or No) Permitted Density N/A Yes Average Annual 1 Yes Daily Trips (AADT) PM Peak Hour Trips 1 Yes Available Capacity: B. Loop 288 is a TxDot owned and maintained roadway. Roadway Conditions: C. Loop 288 is classified as an improved street. D. CIP Planned Improvements: None Environmental Conditions: A riparian buffer Environmentally Sensitive Area (ESA) designation was removed in 2012 per ESA12-0007. The riparian buffer was not located on the subject 8.75 acres; however, was located near Audra Lane on the 26.75 acres subject to the preliminary plat (PP13-0001). Exhibit 2 Aerial Map N Exhibit 3 Zoning Map N Exhibit 4 Future Land Use Map N Exhibit 5 Notification Map & Responses Exhibit 6 Applicant Letter of Intent Exhibit 7 Site Plan Exhibit 8 Western Property Line Buffer Exhibit 9 Perimeter Wall Examples Exhibit 10 Perimeter Wall Simulation (Audra Site) Exhibit 11 Proposed New DME Substation Sites/Expansions Exhibit 12 Site Photos Audra Site looking west at the existing single family subdivision Audra Site looking north Audra site looking north Audra site looking east towards Loop 288 Audra site entrance looking west Exhibit 13 February 20, 2013 Planning and Zoning Commission Meeting Minutes Exhibit 14 Ordinance PublicHearingA AGENDA INFORMATION SHEET AGENDA DATE: April 2, 2013 DEPARTMENT: Parks and Recreation Department ACM: John Cabrales _______________________________________________________________________ SUBJECT Hold a public hearing in accordance with Chapter 26 of the Texas Parks and Wildlife Code and consider adoption of an ordinance authorizing the City Manager or his designee to execute on behalf of the City of Denton, Texas an Agreement(“MOA”)contemplating a real estate conveyance from the City of Denton to the State of Texas, of a 5,689 square foot tract of real property, located in the M.E.P. & P.R.R. Co. Survey, Abstract No. 950, Denton County, Texas, being a portion of Lot 1, Block 1,of the Briercliff Park Addition, an addition to the City of Denton, Denton County, Texas, recorded under County Clerk’s Number 2009-6 of the Official Records of Denton County, Texas and being a portion of the tract conveyed by deed to the City of Denton, recorded under County Clerk’s Number 2004-56699 of the official records of Denton County, Texas, andgenerally located at 3200 State School Road, Denton, Texas; authorizing execution of a Deed Without Warranty conditionally effectuating such real estate conveyance; and providing an effective date.(Parks, Recreation and Beautification Board recommends approval with a vote of 7-0.) BACKGROUND The Texas Department of Transportation (TXDOT)has requested to purchase 5,689 SQ. FT. (0.1306 Acres) of parkland in order to widen the ROW at FM 2499, also known as State School Road, at Briercliff Park. State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands,of the Texas Parks and Wildlife Code requires that: (a) a municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park unless the municipality, acting through its duly authorized governing body or officer, determines that: (1)there is no feasible and prudent alternative to the use or taking of such land; and (2)the program or project includes all reasonable planning to minimize harm to the land, as a park, resulting from the use or taking. (b) A finding may be made only after notice and a hearing as required by this chapter." Agenda Information Sheet April 2, 2013 Page 2 If the proposed sale is allowed, a value of $12,686has been offered for this parcel.The land is valued at $7,396and additional compensation of $5,040is being offered to relocate the park identification sign, handicap ramp, and concrete paving at the intersection of Brighton Drive. The expansion of State School Road was anticipated during the renovation of Briercliff Park and significant effort was expended to locate park infrastructure outside of the proposed ROW expansion.The Denton Parks and Recreation Department and the City of Denton staff have reviewed all possible optionsand agreed that are no feasible alternatives. OPTIONS Because alternatives to the requested easement are not feasible and the expansion of State School Road has been anticipated prior to the renovation of Briercliff Park, the best option is to approve the use as presented. RECOMMENDATION After reviewing this proposalstaff recommends approval of the use of BriercliffPark for this project, pending the approval of the Texas Parks and Wildlife Department and the National Park Service. There would be no major impact on current park operations or programs. The Denton Parks and Recreation Department confirms that the City of Denton has investigated all other alternatives and has used reasonable planning to minimize harm to the land. ESTIMATED SCHEDULE OF PROJECT Construction is projected to begin pending a final decisionby TXDOT. PRIOR ACTION/REVIEW The Parks and Recreation Board recommended approval of this saleat a meeting on February 4, 2013. (7-0) FISCAL INFORMATION Compensation related to this sale is $12,686fromThe Texas Department of Transportation. Agenda Information Sheet April 2, 2013 Page 3 EXHIBITS: 1.January 14, 2013, offer for Parcel No. 20; map of right of way, stream buffers, wetlands and 2004 ordinance. 2.Parks, Recreation and BeautificationBoard minutes from February 4, 2013. 3.Proposed ordinance allowing for sale. Respectfully Submitted: Emerson Vorel, Director Parks and Recreation Department Prepared by: James M. Mays,Superintendent Parks and Recreation Department EXHIBIT1 TO: PAUL H. WILLIAMSON REAL ESTATE AND CAPITAL SUPPORT MANAGER FROM: LUANNE OLDHAM, REAL ESTATE SPECIALIST REAL ESTATE AND CAPITAL PROJECTS DIVISION SUBJECT: FM 2499 Ï PARCEL 20 ROAD WIDENING TX DOT ACQUISITION OF 5,689 SQ. FT. (0.1306 ACRES) DATE: JANUARY 14, 2013 CC: RICHARD CASNER CHRISTINE DICK EMERSON VOREL JIM MAYS Facts: 1.The City of Denton is in receipt of an Initial Offer for the sub on behalf of itsÔ client, Texas Department of Transportation (TxDOT) dated 12/5/2012 The outline of this offer follows: a.Full payment: $12,686.00 b.Area: 5,689 square feet (0.1306 ac.) c.Appx. Location 3200 State School Road, Denton, Texas 2.Contact info Halff Associates a.Joshua Canuteson, R/W-NAC, Right of Way Specialist b.ROW CSJ No. 2681-01-018 c.Email: JCanuteson@Halff.com d.Telephone: (214) 217-6437 3.Letter Agreement received 12/13/2012. Attachment included prospective Conveyance Instrument. Draft states or includes following: a.Consideration ($12,686.00) b.Exhibit A Ï Legal Description for Parcel 20 (note: metes and bo checked internally for closure) c.Contains several terms to be reviewed by legal department (warranty clause, reservation of oil, gas and sulphur Ï waives ingress & egress to the surface, acknowledges rights of ingress and egress and right of direct access to and from CityÔsÔ remaining property) 4.Property to be acquired by TXDOT is part of City owned property instrument recorded in County ClerkÔs No. 2004-56699 (State of Texas on behalf of the Permane School Fund) as Tract 1 of a multi tract conveyance. a.Currently a part of Briercliff Park 5.Appraisal received from TxDOT dated 10/17/2012 finds the value* of the land at a.$1.30 sq. ft. (5689 x $1.30) i.e., $7,396. b.Improvements (signs + concrete paving and base) $5,040.00, c.$250.00 as damage cost to the remaining property d.= offer price of $12,686.00 * (See Page 4, Appraisal) Assumptions*: 1.E mail correspondence (dtd. 12/5/12) received from Josh Canuteson (see 2a above) states in part ÑIt does appear that the fence on the property is completely out acquired.Ò ÑThe engineer also provided an aerial showing the ac a.Aerial in file locates the fence outside the acquisition area. 2.E mail correspondence (dtd. 12/10/12) received from Josh Canuteson states in part: ÑI did check with our engineers on the project regarding your sidewalk on the confirmed that the proposed sidewalk for FM 2499 will tie into your existing sidewalk. I can ask for plan sheets if you want something more detailed on this, but I t tie into it might be sufficientÒ a.Engineer provided plan sheets in file Recommendation: Paul H. Williamson, Real Estate and Capital Support Manager, recommends accepting the offer and completing the sale at the current valuation upon approval of terms by the City of Denton. *Recommend all assumptions to be converted to written agreement. Facts: Items 3, 5, referenced documents attached Assumptions: 1, 2, referenced documents attached Submitted by: LuAnne Oldham 1/14/2013 EXHIBIT 2 DRAFT Parks, Recreation and Beautification Board Minutes February 4, 2013 Civic Center Community Room Members present : Vicki Byrd, Paul Leslie, Alex Lieban, Maria Renner, Dave Rowley, Janet Shelton, Russ Stukel Members absent: None Staff present: Emerson Vorel, Jim Mays, Janie McLeod REGULAR MEETING New member, Maria Renner, was introduced and given the oath of office before the start of the meeting, so she could participate. 1.CALL TO ORDER Chairman Stukel called the meeting to order at 6:02 p.m. 2.AWARDS AND RECOGNITIONS: Vorel shared with the Board that the Texas Public Pool Council awarded the City of Denton A. the Safety Program of the Year award, given to the City in regards to the massive effort to provide Lifeguards from around North Texas with adapted surveillance and rescue techniques specifically modified for Triathlon/Multisport events. 3.APPROVAL OF MINUTES OF NOVEMBER 5, 2012 MEETING: No comments were offered on the minutes, so Rowley made a motion to accept the minutes as written and Lieban seconded. The minutes were approved as written. 4.ACTION ITEMS: Chapter 26: Proposed ROW Easement for FM 2499 at Briercliff Park A. - The Texas Department of Transportation requested the purchase of 5,689 SQ. FT. (0.1306 Acres) of parkland in order to widen the ROW at FM 2499, also known as State School Road, at Briercliff Park. TXDOT is requesting to purchase this property in order to widen State School Road. After reviewing this proposal staff recommends approval of the use of Briercliff Park for this project, pending the approval of the Texas Parks and Wildlife Department and the National Park Service. There would be no major impact on current park operations or programs. The Denton Parks and Recreation Department confirms that the City of Denton has investigated all other alternatives and has used reasonable planning to minimize harm to the land. MOTION: Rowley made a motion to accept the proposed ROW easement for FM 2499 at Briercliff Park in accordance with Parks and Wildlife Code Chapter 26. Leslie seconded the motion and it passed with a vote of 7-0. 5.DISCUSSION ITEMS: Amember of the Parks, Recreation and Beautification Board also becoming a member A. of the Park Foundation An email was sent to the Park Board Members expressing the EXHIBIT 2 committee. Currently, no Park Board member volunteered to serve on both committees but some are willing to consider the possibility and advise the committee accordingly. 6.OTHER BUSINESS: A.Parks Department Projects Status Report Mays updated the Board on various projects on the list, including: Denton Branch Rail Trail Bridge Project The project is proceeding according to schedule and may be complete earlier than projected. The stairs are under construction and concrete is being poured over the beams. Leslie asked if access to the bridge would be via stairs only. He was informed that the project is in ADA compliance and will have both stairs and ramps. McKamy-Evers-Cooper Creek Trail Bridge The reimbursement grant has been submitted for this project. Vorel presented a map of the proposed project that will run from the McKamy-Evers subdivision to North Point Park, across Hercules to UNT Discovery Park, past the new Vela Sports Complex and connect to the existing trails in North Lakes Park. Owsley Park The punch list has been submitted to the contractor. Upon completion, some internal work will be done by the Park Maintenance Department, including wrapping the legs of the pavilion in stone. North Lakes Adult Soccer Field Development Project Vorel presented a concept plan of the G. Roland Vela Athletic Complex. Unicorn Lake Estates Trail Extension - Contractors with Unicorn Lakes Estates have recently completed the construction of an eight foot wide trail that extends the length of Frontier Drive to the new detention pond at Unicorn Lakes Estates Phase 1 and will connect to Loon Lake Road in Wind River Estates. B.Public Art Committee Meeting Minutes Draft for January 3, 2013 Vorel let the Board know they have moved forward with the grant request to the Endowment for the Arts for the Our Town grant. DTV prepared a 60+ second video of various art projects and a byte by Margaret Chalfant. The sculpture for the Denton Airport is progressing. 7.FUTURE AGENDA ITEMS: A. The Board has requested a tour of parks. A consensus by the Board indicated that the first or third Sunday of the month in the afternoon would be the most convenient. Staff B. Stukel asked if Parks could provide a schedule of future upgrades for the different parks. With no further items on the agenda, Stukel asked for a motion to dismiss. Lieban made the motion to adjourn, Shelton seconded and the meeting adjourned at 7:15 p.m. EXHIBIT3 PublicHearingB AGENDA INFORMATION SHEET AGENDA DATE: April 2, 2013 DEPARTMENT: Planning and Development ACM: John Cabrales SUBJECT - Z12-0014 (Masch Branch Rezoning) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Rural Residential (RD-5) zoning district classification and use designation to an Employment Center Industrial (EC-I) zoning district classification and use designation for approximately 27.76 acres of land, generally located north of University Drive and west of Masch Branch Road, legally described as Lot 2, Block 1 of the Marriott Gardens Addition, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; and providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval (7-0). BACKGROUND On December 19, 2006, the City Council adopted an ordinance that annexed the subject property into the corporate city limits. As a result, the subject property was assigned an initial zoning district of Rural Residential (RD-5). The subject property was voluntarily annexed into the City as a result of an agreement between the property owner and the City. The agreement stipulated that if the uses within the property were expanded beyond the building footprint that existed at the time of the agreement, the City would have the right to voluntarily annex the property. The City began the annexation proceedings when it was determined that the property owner violated the agreement. This is the second zoning change request for the subject property. The first zoning change request was in 2008. That request was to rezone the subject property from a Rural Residential (RD-5) zoning district to an Industrial Center General (IC-G) zoning district. The purpose of the zoning change was to make the existing uses conform. The current zoning of RD-5 does not permit industrial and office uses, thus rendering the existing uses as nonconforming uses. An approved zoning change to IC-G would have allowed for light manufacturing by right and heavy manufacturing with a Specific Use Permit (SUP). In conjunction with a proposed zoning change request in 2008 the applicant also requested a Comprehensive Plan amendment for the subject property designation. The request for a Comprehensive Plan amendment was required because the zoning change request to an IC-G zoning district did not conform to the existing future land use of Employment Centers. Prior to considering the zoning change request the proposed zoning district and the future land use designation must first be in conformance. Agenda Information Sheet April 2, 2013 Page 2 On June 3, 2008, the City Council considered and voted 3-3 to approve the Comprehensive Plan amendment request. However, a tie vote results in a denial for the requested amendment. Because the Comprehensive Plan amendment was denied, the request for rezoning was not considered due to the proposed rezoning request would not have been in conformance with the future land use designation. Initially, in 2008, the applicant proposed an IC-G zoning district to bring existing uses into conformance (including heavy manufacturing). However, after recently meeting with staff and with a written interpretation regarding the definition of heavy manufacturing, the applicant has decided to rezone the subject property to an EC-I zoning district. The meeting and the written interpretation clarified that existing uses which were thought to be heavy manufacturing are more in line with light manufacturing. An approved zoning district of EC-I would permit offices and light manufacturing. The major differences between the first zoning change request and the current zoning change request is that a Comprehensive Plan amendment is not required and heavy manufacturing will not be a permitted use. In 2008, there was approximately 37,000 square feet of vacant leasable space, out of a total approximately 343,845 square feet. There were 32 tenants and 8 vacant spaces. Since then, the applicant has been leasing those vacant spaces and leasing previously leased units pursuant to Subchapter 35.11.5 of the Denton Development Code (DDC). This section notes legal, nonconforming uses are allowed to continue operation indefinitely. However, whenever a nonconforming use is discontinued for six months the use of the premises shall be in is defined as the property or structure is vacant and no attempt to market the property is observable on the property or from the exterior of any structure, or that the property or structure is vacant and City taxes owed on the property are delinquent. Currently there are a total of 22 Certificate of Occupancy applications that have been approved by the City. The majority of uses that have been approved have been offices and light manufacturing uses, both allowed in the EC-I zoning district. Public notification information is provided in Exhibit 6. As of this writing, staff has not received any responses from property owners within 200 feet of the subject property. PRIOR ACTION/REVIEW December 19, 2006 Annexation March 26, 2008 Planning and Zoning Commission Public Hearing May 6, 2008 City Council Public Hearing June 3, 2008 City Council Public Hearing March 6, 2013 Planning and Zoning Commission Public Hearing Agenda Information Sheet April 2, 2013 Page 3 OPTIONS 1.Approve as submitted 2.Approve subject to conditions 3.Deny 4.Postpone consideration 5.Table item RECOMMENDATION Approval The Planning and Zoning Commission recommends (7-0). Approval The Development Review Committee recommends of this zoning change request. EXHIBITS 1. Staff Analysis 2. Location Map 3. Future Land Use Map 4. Existing Zoning Map 5. Proposed Zoning Map 6. Notification Information Map 7. Site Plan 8. Letter from Applicant 9. Land Uses in 2008 10. March 26, 2008 Planning and Zoning Commission Minutes 11. June 3, 2008 City Council Minutes 12. March 6, 2013 Planning and Zoning Commission Minutes 13. Draft Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Planning and Development, Director Prepared by: Ron Menguita, AICP Planning Supervisor Exhibit 1 STAFF ANALYSIS DRC Date: January 10, 2013 CASE #: Z12-0014 P&Z Date: February 20, 2013 DDC SECTION:35.3.4 Project Number: Z12-0014 Request: The applicant is requesting a zoning change from a Rural Residential (RD-5) zoning district to an Employment Center Industrial (EC-I) zoning district for approximately 27.76 acres of land Applicant/Property Masch Branch Realty, LP Owner: 2281 N. Masch Branch Road Denton, TX 76207 Location: North of US 380 west of Masch Brand Road Size: Approximately 27.76 acres Existing Zoning Designation: Rural Residential (RD-5) Future Land Use: Employment Centers Case Planner: Ron Menguita, AICP DRC Recommendation: approval The Development Review Committee recommends of this zoning change request. Summary of Analysis: Employment Centers The subject property is located within an future land use designation. Employment centers are intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. Employment centers are also intended to accommodate secondary uses, such as hotels, restaurants, convenience shopping, and child-care. Adequate public facilities shall be a criterion by which zoning is granted. Additionally, employment centers are intended to: 1.Encourage the development of office and business workplaces in close proximity to housing, civic, and recreational uses; 2.Promote excellence in the design and construction of buildings, outdoor spaces, transportation facilities, and streetscape; 3.Direct the development of workplaces consistent with the availability of public facilities and services; and 4.Continue the vitality and quality of life in adjacent neighborhoods. Findings of Fact 1.The subject property is located within a future land use designation of “Employment Centers” by the Denton Plan. 2.The subject property is located within a RD-5 zoning district. 3.The RD-5 zoning district was assigned to the property when it was annexed in April 2007. 4.The approximately 27.76 acre subject property is located north of US 380 west of Masch Brand Road. 5.The subject property is platted as Lot 2, Block 1 of the Marriott Gardens Addition. 6.The subject property is currently developed with industrial and office related uses. 7.The subject property is within the boundaries of the Denton Municipal Airport Overlay District. Specifically the Airport Compatibility Land Use District (ACLUD) sub-district 2. 8.According to the City’s Mobility Plan, Masch Branch Road is classified as a Collector Road requiring a right-of-way of 73-feet. 9.The Denton Plan designates this area as an Employment Centers future land use. Employment Centers is defined in the Denton Plan as centers intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. 10.Light manufacturing is a permitted use in the EC-I zoning district. Light manufacturing is defined as - Industrial operations relying on the assembly of products using parts previously developed from raw material and not classified as a point source of objectionable pollutants. 11.Vacant units within the subject property is being marketed for office and warehouse use. Office use is permitted in the EC-I zoning district. Warehouse use is permitted in the EC-I zoning district with a limitation L(34). L(34) = Permitted with no more than 150,000 gross square feet and 8 truck docks. All docks or loading bays shall be to the rear or side of the structure and not viewable from the street. The buffering standards for outdoor storage shall apply, both to any outdoor storage activity and to the loading docks. 12.A zoning change to EC-I would not require a Comprehensive Plan amendment. 13.The environmentally sensitive areas (ESAs) map shows stream buffers ESAs in areas that seem to be fully developed at the west and southwest corner of the subject property. 14.FEMA maps show floodplain at the west and southwest corner of the subject property. 15.Water is available from the existing 8-inch mains along Masch Branch Road and within the development. Wastewater is available via the existing Masch Branch Lift Station near the northwest corner of the property. No additional infrastructure or supporting facilities are required to support the proposed land uses associated with the proposed zoning change. 16.The subject property is served by DME. Development Review Committee Based on the criteria for granting zoning change requests, information provided by the applicant, IS and recent site visits, the Development Review Committee finds that the request CONSISTENT IS with the surrounding land uses and general character of the area, CONSISTENTIS CONSISTENT with the Denton Plan, and with the Denton Development APPROVAL Code. Based on the above, the DRC recommends of Z12-0014. 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: Northwest: North: Northeast: Extraterritorial Jurisdiction (ETJ) Rural Residential (RD-5) Extraterritorial Jurisdiction (ETJ) Undeveloped Maintenance facility owned by the Single Family Lot County of Denton West:Subject Property: East: Extraterritorial Jurisdiction (ETJ) Rural Residential (RD-5) Extraterritorial Jurisdiction (ETJ) Undeveloped Industrial and Office Related Uses Gas Well/Undeveloped Southwest: South: Southeast: Extraterritorial Jurisdiction (ETJ) Employment Center Industrial Extraterritorial Jurisdiction (ETJ) Undeveloped (EC-I) Undeveloped Single Family Lot Source: City of Denton Geographical Information System and site visit by City staff. Compatibility with Surrounding Land Uses The subject property is within an Employment Centers future land use designation, extending south to University Drive, see Exhibit 3. The property is located within a RD-5 zoning district and is currently developed with industrial and office related uses. Existing land uses surrounding the property to the north are a maintenance facility owned by the County of Denton, undeveloped land to the south, west, and east. Located on the southeast corner of Masch Branch Road and Hampton Road is a gas well and further east along Hampton are two residential structures. Comprehensive Plan A.Consistency with Goals, Objectives and Strategies: The subject property is located within an area designated “Employment Centers” by the Denton Plan. Staff finds that the proposed use is consistent with the goals, objectives and strategies of the Denton Plan. B.Land Use Analysis: The following table identifies the land uses permitted for the RD-5 and EC-I zoning districts: Residential Land Use RD-5 EC-I Categories Agricultural P P Live Stock L(7) L(7) Single Family Dwellings P N Accessory Dwelling Units P N Live/Work Units P N Community Homes for the P N Disabled Group Homes SUP N Manufactured Housing P N Developments P= Permitted, N= Not Permitted, S= Specific Use Permit Commercial Land Use RD-5 EC-I Categories Home Occupation P N Sale of Products Grown on Site P N Hotels N P Bed and Breakfast L(10) N Retail Sales and Services N L(18) Restaurant or Private Club N P 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 P N Outdoor Recreation P N Indoor Recreation N P Conference/Convention Center N SUP Major Event Entertainment N P Commercial Parking Lot N P Administrative or Research SUP P Facilities Broadcasting of Production SUP P Studio Temporary Uses L(38) L(38) P= Permitted, N= Not Permitted, S= Specific Use Permit Industrial Land Use Categories RD-5 EC-I Printing / Publishing N P Bakeries N P Manufacture of Non-odoriferous N P Foods Feed Lots SUP N Light Manufacturing N P Wholesale Sales N P Wholesale Nurseries P L(32) Distribution Center/Warehouse N L(34) General Warehouse, Retail N L(34) Self-service Storage N P Construction Materials Sales N P Wrecker Services and Impound SUP N LotsL(29) Kennels L(14) P Veterinary Clinics P P Gas Wells L(27) L(27) P= Permitted, N= Not Permitted, S= Specific Use Permit Institutional Land Use RD-5 EC-I Categories Basic Utilities P P Community Service N P Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and N P Lodges Business / Trade School N P Adult and Child Day Care P P Kindergarten, Elementary School P N Colleges N P Mortuaries N P WECS (Free-standing Monopole L(41) SUP Support Structure) WECS (Building-mounted) L(42) SUP P= Permitted, N= Not Permitted, S= Specific Use Permit 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(10) = All restrictions of L(8), but limited to no more than 5 guest units. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(18) = Uses are permitted only in association with Gas Stations and are limited to no more than 5,000 square feet of gross floor area except adjacent to I-35 then uses are limited to 10,000 square feet of gross floor area. L(27) = Must comply with the provisions of Subchapter 22, Gas Well Drilling and Production. L(29) = Wrecker Services and Impound Lots must comply with the following provisions: 1. The subject lot shall comply with the provisions of the Texas Administrative Code, regarding Vehicle Storage Facilities. 2. Lot Screening: All stored vehicles shall be opaquely screened from all rights-of-way and residential uses and zoning districts. 3. Parking and vehicle storage areas associated with wrecker services and impound lots activities are not allowed within undeveloped floodplain, water-related habitat, and riparian buffer environmentally sensitive areas (ESA). 4. Best management practices addressing storm water quality must be implemented and maintained on site. Management practices must attain the pollutant removal capabilities recommended for parking areas in the Integrated Storm Water Management (iSWM) manual, as published by the North Central Texas Council of Governments, or similar practices consistent with low impact development (LID) approaches. L (32) = Not allowed to locate adjacent to an arterial and within 1,000 feet as measured from the nearest property line of a sexually oriented business to the nearest property line of any other sexually oriented business, adult or child daycare, any elderly housing facility, hospital, any residential use, public open space. L (34) = Permitted with no more than 150,000 gross square feet and 8 truck docks. All docks or loading bays shall be to the rear or side of the structure and not viewable from the street. The buffering standards for outdoor storage shall apply, both to any outdoor storage activity and to the loading docks. L (38) = Must meet the requirements of Section 35.12.9. 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. Multiple WECS are permitted only 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. The following table identifies the general regulations for the RD-5 and EC-I zoning districts: General Regulations RD-5 EC-I Minimum lot area 5 acres 2,500 Minimum lot width 200 feet 50 feet Minimum lot depth 250 feet 50 feet Minimum front yard 50 feet 10 feet Minimum side yard 10 feet None Minimum side yard adjacent to street 50 feet 10 feet 10 feet, plus 1 foot for each Minimum rear yard foot of N/A building height over 20 feet 30 feet, plus 1 foot for each Minimum yard abutting a single family N/Afoot of use or district building height above 30 feet General Regulations RD-5 EC-I Maximum density, dwelling units per acre 0.2 N/A Minimum building separation 30 feet N/A General Regulations RD-5 EC-I Maximum lot coverage except for 15% 85% agricultural buildings Minimum landscaped area 75% 15% Maximum building height 65 feet 65 feet Maximum WECS height 75 feet 75 feet Maximum FAR except for single-family None 0.75 uses Minimum yard when a use other than None N/A single family abuts a residential zone Fire and EMS This zoning change request application has been reviewed for compliance with the International Fire Code and City 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 zoning change request can be provided by the City. Water is available from the existing 8-inch mains along Masch Branch Road and within the development. Wastewater is available via the existing Masch Branch Lift Station near the northwest corner of the property. B. Available Capacity In the event that there are future demands, there is adequate capacity in the City’s water distribution and wastewater collection systems. C. CIP Planned Improvements There are no planned public improvements for the water and wastewater facilities serving the subject property. Roadways/Transportation Network A. Estimated Demand Expanded and new uses may increase the demand on the roadway/transportation network. B. Available Capacity Masch Branch Road between University and the subject property is not of sufficient structural integrity to support the expect volumes and type of traffic the site generates and will generate. Masch Branch Road may require substantial improvements or upgrades in the near future. C. Roadway Conditions The subject property is accessed primarily from Masch Branch Road. Masch Branch Road is classified on the City’s Mobility Plan as a Collector Road requiring a right-of-way of 73-feet. The roadway is currently a two-lane road. D. CIP Planned Improvements There are no planned public improvements for the roadways/transportation network serving the subject property. Environmental Conditions The environmentally sensitive areas (ESAs) map shows stream buffers ESAs in areas that seem to be fully developed at the west and southwest corner of the subject property. FEMA maps show floodplain at the west and southwest corner of the subject property. Wells (Public/Private) No public or private portable water wells are proposed for the subject property. Airports The property is within the boundaries of the Denton Municipal Airport Overlay District. Specifically the Airport Compatibility Land Use District (ACLUD) sub-district 2. Electric The property is served by DME. The estimated electric demands associated with the proposed zoning change request can be provided by DME. Park Facilities The proposed land uses associated with the proposed zoning change will not result in any increase in park demands. Comments from other Governmental Agencies None. Exhibit 2 LOCATION MAP Exhibit 3 FUTURE LAND USE MAP Exhibit 4 EXISTING ZONING MAP Exhibit 5 PROPOSED ZONING MAP Exhibit 6 NOTIFICATION INFORMATION MAP Public Notification Date: 200Ô Legal Notices* sent via Certified Mail: 6 500Ô Courtesy Notices sent via Regular Mail: 11 Number of responses to 200Ô Legal Notice In Opposition: 0 In Favor: 0 Neutral: 0 Percent of land within 200Ô in opposition: N/A Exhibit 7 SITE PLAN Exhibit 8 LETTER FROM APPLICANT Exhibit10 Exhibit11 June3,2008,CityCouncilMinutes Exhibit12 March6,2013,PlanningandZoningCommissionMinutes 1 2Appiah stated the Spring Valley Neighborhood has petitioned staff to assist in the rezoning of 3their residential neighborhood from Employment Center Industrial to Neighborhood Residential- 43 zoning district. However, a Comprehensive Plan amendment is required. Therefore, this 5request is to amend the future land use from Employment Center to Existing Land Use. Appiah 6stated staff has held three (3) neighborhood meetings to discuss the proposed Comprehensive 7Plan amendment. Staff sent 54 public notices to property owners within 200 feet of the subject 8site and 35 courtesy notices to property owners within 500 feet of the subject site. Appiah stated 9he has received one returned response in favor of this request. Staff recommends approval of this 10request. Chair Schaake opened the Public Hearing. 11 12Valerie Hussey, 1903 Spring Valley Drive, Denton, Texas 76208 13 14Hussey stated she is in favor of this request and feels that it would be beneficial to the 15neighborhood. There was no one else to speak on this item; Chair Schaake closed the Public 16Hearing. 17 18Commissioner Brian Bentley motioned, Commissioner Devin Taylor seconded to approve the 19request. Motion approved (7-0). 20 E.Hold a public hearing and consider making a recommendation to City Council regarding a rezoning from Employment Center Industrial (EC-I) to a Neighborhood Residential 3 (NR- 3) zoning district on approximately 8.830 acres. The subject property is generally located East of University Drive (US 380) and North of Loop 288. (Z12-0009, Spring Valley Estates, Nana Appiah) This item is continued from the February 6, 2013 meeting. 21 22Appiah stated this request is to change the zoning from Employment Center Industrial to a 23Neighborhood Residental-3 zoning district. Staff sent 50 public notices to property owners 24within 200 feet of the subject site and 34 notices to property owners within 500 feet of the 25subject site. Appiah stated as of this meeting staff has not received any responses to the notices. 26Appiah stated staff recommends approval of this request. Chair Schaake opened the Public 27Hearing at 7:49 p.m.; there was no one to speak on this item. Chair Schaake closed the Public 28Hearing. 29 30Commissioner Brian Bentley motioned, Commissioner Thom Reece seconded to approve this 31request. Motion approved (7-0). 32 F.Hold a public hearing and consider making a recommendation to City Council regarding a zoning change request from a Rural Residential (RD-5) zoning district to an Employment Center Industrial (EC-I) zoning district for approximately 27.76 acres of land, located north of University Drive and west of Masch Branch Road, and legally described as Lot 2, Block 1 of the Marriott Gardens Addition. (Z12-0014, Masch Branch Rezoning, Ron Menguita) 33 34Menguita stated this request is for the zoning change from a Rural Residential-5 zoning district 35to an Employment Center Industrial zoning district. Menguita stated this would allow offices and 36light manufacturing uses within the proposed zoning district. Staff sent six (6) public hearing 6 1notices to property owners within 200 feet of the subject site and 11 courtesy notices to property 2owners within 500 feet of the subject site. As of this meeting, staff has not received any returned 3responses. Chair Schaake opened the Public Hearing. 4 5Patricia Adams, Adams spoke in favor of the request. Adams stated that the property was 6voluntarily annexed into the city. 7 8Chair Schaake closed the Public Hearing at 7:58 p.m. 9 10Commissioner Jim Strange motioned, Commissioner Frank Conner seconded to approve this 11request. Motion approved (7-0). 12 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. 13 14Schaake questioned the Commissioners if they had any future agenda items; Bentley requested 15more information on the term “discontinued” and more information on corner lots. Leal informed 16Bentley the term “discontinued” is under section 35.11.5.1.A.1of the Denton Development Code. 17Reece informed the Commission that the Girl Scout Troop would be attending the next meeting 18and would like it if they could be recognized. Schaake agreed. There were no future agenda 19items discussed. 20 7.ADJOURN 21 22Chair Schaake adjourned the meeting at 8:05 p.m. 7 Exhibit13 DraftOrdinance PublicHearingC AGENDA INFORMATION SHEET AGENDA DATE: April 2, 2013 DEPARTMENT: Planning and Development ACM: John Cabrales SUBJECTSpring Valley Estates (CA12-0004) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a Comprehensive Plan Amendment from Employment Center Future Land Use Designation to Existing Land Use Designation on approximately 8.532 acres of land located east of Loop 288 and north of University Drive (US 380); within the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (CA12-0004). The Planning and Zoning Commission recommends approval subject to conditions (7-0). BACKGROUND Property owners of Spring Valley Neighborhood have petitioned staff to assist in the rezoning of their residential neighborhood from Employment Center Industrial (EC-I) to Neighborhood Residential 3 (NR-3) zoning district. One of the criteria for approval of a rezoning request is that the new zoning district shall be consistent with its underlying future land use designation in the adopted Comprehensive Plan (the Denton Plan). Therefore, the Denton Plan must also be amended before the proposed rezoning request, to change from Employment Center Industrial to Neighborhood Residential 3, can proceed. This is to ensure conformity of the proposed NR-3 zoning district to the future land use. In this case, a change from Employment Centers to - The subject area was rezoned from one-family dwelling district (SF-7) to Employment Center Industrial in 2002. Staff exploration of the site and the attached aerial photo (See Exhibit 2) show the subject property is developed as single family homes. According to Denton County Appraisal District Information, most of the houses in the neighborhood were constructed in the 19. There is no documentation regarding the 2002 rezoning for this area for staff to determine why the property was designated as Employment Center Industrial. The location of the property at the corner of two arterial streets (Loop 288 and University Drive) may have influenced the EC-I zoning designation. However, existing properties in the neighborhood have been rendered non-conforming because of this Future Land Use Designation. Staff held three neighborhood meetings to discuss this rezoning request including the zoning district designation that may better suit the area, recognizing the existing uses and setbacks of the homes. Consensus reached at these meetings resulted in the neighborhood requesting their properties to be rezone to the NR-3 zoning district. The property owners believe this zoning Agenda Information Sheet April 2, 2013 Page 2 district is appropriate to prevent intrusion and development of incompatible uses while also allowing existing residences to conform to the NR-3 zoning district standards and regulations. In addition to the neighborhood meetings, fifty four (54) public notices were sent to residents within 200 feet and thirty five (35) to those within 500 feet of the site (Exhibit 7). As of this writing, staff has received six (6) responses from property owners within 200 feet of the subject property in favor to the request. PRIOR ACTION/REVIEW On March 6, 2013, the Planning and Zoning Commission recommended approval subject to conditions. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. RECOMMENDATION Approval The Planning and Zoning Commission recommends of this Comprehensive Plan Amendment request (7-0). Approval The Development Review Committee recommends of this request. EXHIBITS 1. Staff Report 2. Site Location/Aerial Map 3. Zoning Map 4. Existing Future Land Use Map 5. Proposed Future Land Use Map 6. Survey 7. Notification Map 8. Notice of Public Hearing Responses 9. City Managers Authorization Letter 10. Property Owners Authorization 11. Neighborhood Meeting Summary 12. Site Photos 13. Planning and Zoning Commission, March 6, 2013, Meeting Minutes 14. Ordinance Agenda Information Sheet April 2, 2013 Page 3 Respectfully submitted: Brian Lockley, AICP, CPM Planning and Development, Director Prepared by: Nana Appiah, AICP Senior Planner Exhibit 1 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: March 6, 2013 TYPE: Comprehensive Plan Amend CC Date: April 2, 2013 PROJECT #:CA12-0004 Project Number: CA12-0004 Request: Comprehensive Plan Amendment from Employment Centers Future Land Use to Existing Land Use on approximately 8.532 acres of land. Applicant: Multiple Property Owners Spring Valley Estates Denton, TX 76208 Property Owner: Multiple Property Owners Spring Valley Estates Denton, TX 76208 Location: The subject property is generally located East of University Drive (US 380) and North of Loop 288. Size: 8.532 acres Zoning Designation: Employment Center Industrial (EC-I) Future Land Use: Employment Center Case Planner: Nana Appiah, AICP DRC Recommendation: APPROVAL The Development Review Committee recommends of this request. Summary of Analysis: This request is a Comprehensive Plan amendment to change the 8.532 acre property from “Employment Centers” future land use to Existing Land Use”. Currently, properties in the neighborhood are developed as single family homes. This residential subdivision is inconsistent with the intent of Employment Centers future land use designation. Per the Denton Plan, “Employment Centers” future land use areas are intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. “Employment Centers” are also intended to accommodate secondary uses that complement or support the primary workplace uses, such as hotels, restaurants, convenience shopping, and child care. As shown in Exhibit 2, it is unlikely that the predominantly developed properties in the neighborhood will be converted to Employment Center uses in the foreseeable future. In addition, residents in the neighborhood have agreed unanimously for a Future Land Use Category which accommodates a residential zoning district. Theneighborhood was zoned Single Family 7 (SF-7) prior to the city wide rezoning in 2002. Consensus among property owners is to request “Existing Land Use” “Existing Land Use” designation. Per the Denton Plan, future land use are “established residential areas, new development should respond to existing development with compatible land uses, and design standards. The Plan recommends that existing neighborhood within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed.” Current compositions of the property create little room for new development without demolishing or remodeling existing houses. However, it is important to designate the property to a future land use category that vigorously protects the neighborhood. Designating the property as Existing Land Use will protect existing residential houses and future developments that are incompatible to the existing residents. A majority of the properties south of Highway 380 and south of the subject site is designated as Neighborhood Centers. The property to the north is designated as Industrial Center, those to the east and west of the site are designated Employment Centers. Designations of the northern, eastern, and western property are incompatible with the proposed Existing Land Use designation. However, the subject property is already developed and the intent of this request is to protect the existing neighborhood; therefore, ensuring the proposed Comprehensive Plan Amendment is compatible with the immediate uses is less critical in comparison to a newly proposed development. Water, sewer, and transportation demands have been evaluated by the Development Review Committee and find available services to the site to be adequate. Fire Protection Service to the site has also been evaluated, the City of Denton Fire Station #2 services this area. Findings of Fact 1.The request is for a Comprehensive Plan Amendment from Employment Center Future Land Use to Existing land Use on approximate 8.532 acres. This single family residential area is currently located in the Employment Centers Future Land Use Designation. 2.The Future Land Use Designation on the property was adopted during the 2002 City wide Designation. 3.The property is currently developed as single family homes. According to Denton County Appraisal District information, majority of the houses in the neighborhood were constructed in the late 1960’s to early 1970’s. This request for Comprehensive Plan Amendment is to maintain the existing residential development. 4.Property owners of this subject property petitioned staff in 2011 for assists in changing the current Future Land Use Designation to conform to the current development of the neighborhood. 5. Per the Denton Plan “Employment Centers” Future Land Use areas are intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. “Employment Centers” are also intended to accommodate secondary uses that complement or support the primary workplace uses, such a hotels, restaurants, convenience shopping, and child care. “Existing Land Use” 6.Per The Denton Plan, Future Land Use are established residential areas, new development should respond to existing development with compatible land uses, and design standards. The Plan recommends that existing neighborhood within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. 7.The request for Existing Land Use Future Land Use designation conforms to the existing single-family development of the neighborhood. 8.A portion of the site, specifically the western section covering four houses, is in a Flood Plain. 9.Surrounding Future Land Use areas include Industrial Centers to the north, Neighborhood Centers to the south and Employment Centers to the east and west of the subject site. 10.The subject site is not located within any special overlay districts or areas. 11.There are no planned public improvements for potable water, sanitary sewer, and drainage or transportation facilities serving the subject site beyond existing facilities. 12.The site is currently served by 6-inch potable water mains, and 8-inch gravity sewer mains, along Morningside Drive, Spring Valley Drive, and Twilight Drive. These mains have adequate capacity to serve the existing water demand and wastewater discharge. 13.There is no anticipated increase in water demand beyond current consumption. Twenty houses are currently within this proposed 8.532-acre area. Estimated peak hour consumption for these houses is approximately 30 gallons per minute (GPM). 14.Estimated peak wastewater discharge is approximately 22 GPM. There is adequate capacity for wastewater discharge. 15.Anticipated storm water demand is approximately 47 cubic feet per second (CFS). There is adequate capacity onsite for storm water discharge. 16.The site has access onto Spring Valley Drive. This Road connects to University Drive (US Hwy 380). Spring Valley is classified as a residential street. 17.Anticipated transportation demand is 210 vehicle trips per day 18.According to the City of Denton Fire Department, this property is served by the City’s Fire Station #2, located at 3309 E. McKinney Street. 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 request with the existing land uses and IS CONSISTENTIS CONSISTENT general character of the area, with the Denton Plan, and with the Denton Development Code. Based upon the findings-of-fact, the Development Review Committee (DRC) recommends APPROVAL ofthis comprehensive plan amendment request. 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. Section 35.3.3.B.2, Approval Criteria: The application shall address the impact of the proposed change on the following: a. The Goals and Objectives of the Denton Plan; Per the Denton Plan Existing Land Use future land use are established residential areas, new development should respond to existing development with compatible land uses, and design standards. The Plan recommends that existing neighborhood within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. The proposed amendment is an existing residential neighborhood, and therefore fulfills the intent of the Existing Land Use future land use district. b. The Future Land Use element of the Denton Plan; The land use designation amendment does not have an adverse impact on the Future Land Use Element of the Denton Plan. Designating the property as Existing Land Use is consistent with the existing development of the site. c. The balance of land uses in the City; Currently there is a total of 11,513 acres of “Existing Land Use” in the City. Although the request will increase this future land use designation, the property is already developed as residential and currently utilizing all the services impact associated with such proposed future land use designation. d. Adequate Public Facility elements of the Denton Plan and how the proposed change will affect the provision of the services anticipated in the Denton Plan; There are no current proposed developments with this request. The subdivision is built out. The DRC has evaluated the request and determined that existing infrastructure facilities are able to support the use of the property as single family dwellings. Section 35.3.3.B.3, Further Approval Criteria: a. The existing land use pattern surrounding the property and the possible impact on existing or future development or uses that are in accordance with existing regulations; The property to the north of the subject property is designated Industrial Centers, those to the east and west are designated Employment Centers, and the one to the south is designated Neighborhood Centers. With the exception of the southern property, the future land use designations on the surrounding property are incompatible with the proposed “Existing Land Use” future land use. However, this is an existing neighborhood with no new proposed development. The intent of this request is to preserve the existing 8.830 acre residential developments. Beside current utilization of public infrastructure, staff does not anticipate any impact beyond current demands. b. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed land use district acts as an isolated district, and is not related to adjacent future land use designations. However, this residential neighborhood has been in existence since the late 1960’s and early 1970’s and is already isolated from adjacent future land use designations. c. The population density in order to facilitate the adequate provision of transportation, water, sewer, schools, parks, public convenience and other public requirements; The map amendment will not cause an increase in density. This is an existing neighborhood development, and any additional uses shall be restricted to those allowed in the Existing Land Use future land use designation. d. The cost to the City and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures; It is indicated through the information provided by staff that the existing public facilities servicing the subject site are adequate. The proposed comprehensive plan amendment will not impact schools related to generating school aged children or other public safety measures beyond current demand. e. The possible impact on the environment, including but not limited to drainage, soil erosion and sedimentation, flooding, air quality and water quantity; Again, this is an existing residential neighborhood. No new development is proposed. Any future redevelopment of the site shall be required to conform to all City of Denton regulations. f. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning or that proposed by the Future Land Use Map; and The subject site has a future land use designation of Employment Centers. Per the Denton Plan, Employment Centers provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. “Employment Centers” are also intended to accommodate secondary uses that complement or support the primary workplace uses, such as hotels, restaurants, convenience shopping, and child care. Currently, the subject 8.830 acre property is developed as single family residential subdivision. It is the intent of the property owners to continue to use their property as their residence. To ensure this interest is maintained and intrusions of incompatible uses are avoided, a residential zoning designation that limits commercial uses is necessary. g. The action shall be made with reasonable consideration of the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the City. Granting this request will help preserve the character of this residential subdivision and reduce the possibility of intrusion of unwanted uses in the neighborhood. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: EC-I; Vacant IC-E; Vacant IC-E; Vacant West:Subject Property: East: EC-C; Vacant EC-I; Single-Family EC-I; Vacant Southwest: South: Southeast: EC-C; Commercial EC-I/PD; Vacant/ EC-I; Commercial Source: City of Denton Geographical Information System and site visit by City staff Comprehensive Plan: A.Consistency with Goals, Objectives and Strategies The subject site is within the Employment Centers future land use category. Per the Denton Plan, “Employment Centers” Future Land Use areas are intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. “Employment Centers” are also intended to accommodate secondary uses that complement or support the primary workplace uses, such a hotels, restaurants, convenience shopping, and child care. Based on the existing residential development on this 8.830 acre property, current uses of the property is inconsistent with the goals and objectives of the Denton Plan. The proposed Comprehensive Plan Amendment from Employment Centers to Existing Land Use will ensure the property to conform to the goals of the Denton Plan for “Existing Land Use” Neighborhood Centers. Per the Denton Plan, future land use areas are established residential areas, new development should respond to existing development with compatible land uses, and design standards. The Plan recommends that existing neighborhood within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed the future land use designation aligns with current use of the property. B.Land use analysis The EC-I zoning district is within the Employment Centers group of zoning districts whose intent is to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. “Employment Centers” are also intended to accommodate secondary uses that complement or support the primary workplace uses, such as hotels, restaurants, convenience shopping, and child care. This district has two zoning districts within its land use category. These include Employment Center Commercial and Employment Center Industrial. The current zoning district is inconsistent with the existing land use on this property. The intent of the Comprehensive Plan Amendment is to create a Land Use Category that allows the property to be rezone to a zoning district consistent with the current use of the property. Staff and the property owners are proposing to rezone this property to NR-3 after this Comprehensive Plan Amendment is affected. The NR-3 zoning district will be consistent with the current development of the property. C.Future Land Use Allocation/Current Zoning District Allocation Subject Property Future land Use/Zoning allocation Change Based Upon 8.532 ± acres Current Allocation in the City Proposed Allocation Request Employment 3,024 3,015 3,015 Centers Neighborhood 16,606 16,614 16,614 Centers Source: City of Denton Nearest Fire, and EMS Station Approximate Distance From Name of Station Subject Property Fire/EMS Fire Station #2 >2 miles Source: City of Denton GIS, Fire Department, and EMS Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 8.532 ± acres Proposed Demand or No) Permitted Density (26 houses in NR-3)(26 houses in NR-3) Potable Water 30Yes Consumption (GPM) Wastewater Generation 22Yes (GPM) B. Available Capacity: Water is available from an existing 6-inch main along Morningside Drive, Spring Valley Drive, and Twilight Drive. All these roads are within the subject property. Wastewater is available from an existing 8-inch main along Morningside Drive, Spring Valley Drive, and Twilight Drive. All these roads are within the subject property. C. CIP Planned Improvements: There are no planned public improvements for portable water, sanitary sewer, and drainage or transportation facilities serving the subject site beyond existing facilities. Roadways/Transportation Network: A. Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 8.532 ± acres Proposed Demand or No) Permitted Density NR-3 Yes Average Annual 210 Yes Daily Trips (AADT) PM Peak Hour Trips 21 Yes B. Available Capacity: Spring Valley Drive is a City of Denton roadway and has the capacity to accommodate this development University Drive is a TXDOT roadway and has the capacity to accommodate this existing development. C. Roadway Conditions: Both Spring Valley and University Drive are classified as improved streets and are able to accommodate the existing development. D. CIP Planned Improvements: There are no CIP improvements planned. University Drive is a TXDOT right-of-way. Environmental Conditions: A. Surface Water: There is no surface water on site. B. Environmentally Sensitive Areas: A portion of the site, specifically the western section covering four houses, is in a Flood Plan. Wells (Public/Private): There are no wells, public or private on site. Any future development would be served by City potable water. Airports: The subject site is not located within the Denton Municipal Airport’s ACLUD zones. Electric: No comment. Comments from other Departments: None. Exhibit 7 Notification Map Public Notification Date: 2/19/13 200’ Legal Notices sent: 54 500’ Courtesy Notices sent: 35 Number of responses to 200’ Legal Notice: In Opposition: 0 In Favor: 6 Neutral: 0 Exhibit8 Exhibit13 PlanningandZoningCommission,March6,2013Minutes 1 2Greg Johnson, 3813 Granada Trail, Denton, Texas 76205 3Johnson stated he is with Northstar Bank and is favor of this request. Johnson stated he has 4researched these types of developments and multifamily is the answer for this development to be 5successful. Schaake closed the Public Hearing. 6 7Commissioner Thom Reece motioned, Commissioner Frank Conner seconded to approve this 8item. The motion failed. 9 10Bentley questioned why the Alternative Development Plan (ADP) was not included in the staff 11backup. Bentley requested a superior motion for this item to be postponed to the next meeting. 12Schaake requested staff clarification. Lockley stated the applicant is only address the rezoning at 13this time. Taylor questioned if the ADP will remain in effect; Lockley stated the existing ADP 14will remain in effect until a new one has been applied for and approved. Taylor stated he would 15like to make a superior motion to postpone this item to a future meeting date once further 16clarification has been received. Taylor questioned the 380 agreement. Jackson stated staff wasn’t 17entirely aware of this until this date. Jackson stated the 380 agreement is for infrastructure and a 18minimum of 3,500 square feet of leasable building area on the ground within Unicorn Lake. This 19includes the entire Unicorn Lake area. Jackson stated she will be meeting with Economic 20Development in regards to this. The thresholds required for the 380 agreement have been met. 21The 3,500 square feet of leasable building area on the ground has been met and the 22infrastructure. Lockley stated all of the conditions have been met. Lockley stated if it is to be 23postponed it would be to the March 20, 2013 meeting. Schaake stated if the motion fails the 24original motion to approve would continue. 25 26Commissioner Devin Taylor motioned, Commissioner Brian Bentley seconded to postpone this 27item to the March 20, 2013 meeting. Motion failed (3-4). 28 29Commissioner Thom Reece motioned, Commissioner Frank Conner seconded to approve this 30request. Motion approved (4-3). 31 C.Hold a public hearing and consider making a recommendation to City Council regarding a Comprehensive Plan Amendment from Employment Center Future Land Use to Neighborhood Centers on approximately 8.830 acres of land. The subject property is generally located East of University Drive (US 380) and North of Loop 288. (CA12-0004, Spring Valley Estates, Nana Appiah). This item is continued from the February 6, 2013 meeting. 32 33Lockley stated the Future Land Use amendment had been posted; however, through further 34analysis staff is withdrawing this amendment in favor of CA12-0004. 35 D.Hold a public hearing and consider making a recommendation to City Council regarding a Comprehensive Plan Amendment from Employment Center Future Land Use to Existing Land Use on approximately 8.830 acres of land. The subject property is generally located East of University Drive (US 380) and North of Loop 288. (CA12-0004, Spring Valley Estates, Nana Appiah) 5 1 2Appiah stated the Spring Valley Neighborhood has petitioned staff to assist in the rezoning of 3their residential neighborhood from Employment Center Industrial to Neighborhood Residential- 43 zoning district. However, a Comprehensive Plan amendment is required. Therefore, this 5request is to amend the future land use from Employment Center to Existing Land Use. Appiah 6stated staff has held three (3) neighborhood meetings to discuss the proposed Comprehensive 7Plan amendment. Staff sent 54 public notices to property owners within 200 feet of the subject 8site and 35 courtesy notices to property owners within 500 feet of the subject site. Appiah stated 9he has received one returned response in favor of this request. Staff recommends approval of this 10request. Chair Schaake opened the Public Hearing. 11 12Valerie Hussey, 1903 Spring Valley Drive, Denton, Texas 76208 13 14Hussey stated she is in favor of this request and feels that it would be beneficial to the 15neighborhood. There was no one else to speak on this item; Chair Schaake closed the Public 16Hearing. 17 18Commissioner Brian Bentley motioned, Commissioner Devin Taylor seconded to approve the 19request. Motion approved (7-0). 20 E.Hold a public hearing and consider making a recommendation to City Council regarding a rezoning from Employment Center Industrial (EC-I) to a Neighborhood Residential 3 (NR- 3) zoning district on approximately 8.830 acres. The subject property is generally located East of University Drive (US 380) and North of Loop 288. (Z12-0009, Spring Valley Estates, Nana Appiah) This item is continued from the February 6, 2013 meeting. 21 22Appiah stated this request is to change the zoning from Employment Center Industrial to a 23Neighborhood Residental-3 zoning district. Staff sent 50 public notices to property owners 24within 200 feet of the subject site and 34 notices to property owners within 500 feet of the 25subject site. Appiah stated as of this meeting staff has not received any responses to the notices. 26Appiah stated staff recommends approval of this request. Chair Schaake opened the Public 27Hearing at 7:49 p.m.; there was no one to speak on this item. Chair Schaake closed the Public 28Hearing. 29 30Commissioner Brian Bentley motioned, Commissioner Thom Reece seconded to approve this 31request. Motion approved (7-0). 32 F.Hold a public hearing and consider making a recommendation to City Council regarding a zoning change request from a Rural Residential (RD-5) zoning district to an Employment Center Industrial (EC-I) zoning district for approximately 27.76 acres of land, located north of University Drive and west of Masch Branch Road, and legally described as Lot 2, Block 1 of the Marriott Gardens Addition. (Z12-0014, Masch Branch Rezoning, Ron Menguita) 33 34Menguita stated this request is for the zoning change from a Rural Residential-5 zoning district 35to an Employment Center Industrial zoning district. Menguita stated this would allow offices and 36light manufacturing uses within the proposed zoning district. Staff sent six (6) public hearing 6 Exhibit14 PublicHearingD AGENDA INFORMATION SHEET AGENDA DATE:April 2, 2013 DEPARTMENT:Planning and Development CASE MANAGER: John Cabrales SUBJECTSpring Valley Estates(Z12-0009) – Hold a public hearingand consideradoption of an ordinance of the City of Denton, Texas, providing for a zoning change from Employment Center Industrial (EC-I)zoning district classification and use designationto a Neighborhood Residential 3 (NR-3) zoningdistrict classificationand use designationon approximately 8.532acresof landlocated east of Loop 288 and north of University Drive (US 380), within the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00for violations, thereof, severability and an effective date. (Z12-0009). ThePlanning and Zoning Commission recommends approval subject to conditions (7-0). PROPOSAL The property owners in collaboration with the Planning and Development Department propose to rezone approximately 8.532of thesubject property from Employment Center Industrial (EC-I) to aNeighborhood Residential 3 (NR-3) zoning district. Therequest is to sustain current single- family development on the property and avoid intrusion of uses that may be incompatible with single-family development and uses. A Comprehensive Plan amendment has also been requested. The purpose of the Comprehensive Plan amendment is to allow the property to be rezoned from EC-Ito NR-3.One of the criteria forapproval of a rezoning request is that the new zoning district shall be consistent with its underlying future land use designation in the adopted Comprehensive Plan (the Denton Plan). In this case, the designatedfuture land use on the subject property is Employment Centers which is inconsistent with the proposed NR-3 zoning districtas well as the existingresidential neighborhood. Therefore, a Comprehensive Plan amendment to change the future land use designation from Employment Centers to “Existing Land Use” future land use designation that is consistent withthe proposedNR-3designation is required.Neighborhood Residential 3 (NR-3) is one of the zoning districts that iswithin the “Existing Land Use”future land use. BACKGROUND Thisarea was rezonedfrom one-family dwelling district (SF-7) to Employment Center Industrial (EC-I) in 2002. Staff exploration of the site and the attached aerial picture show residential property within the outlined boundary. These residencesexisted prior to the city-wide rezoning in 2002 andthere is no documentation regarding the 2002 rezoning for this area for staff to determine why the property was designated as EC-Izoning district. According to the Denton Agenda InformationSheet April 2, 2013 Page 2 County Appraisal District, most of the houses in this subdivision were constructed in the late 1960’s to the 1970’s. Location of the property at the corner of two arterial streets (Loop 288 and University Drive) may have influenced the EC-I zoning designation. However, existing residential properties in the neighborhood have been rendered non-conforming because of the commercial zoning designation. Per Section 35.5.6.1 of the Denton Development Code, the purpose of the EC-I zoning district is to provide location for diverse type of workplaces and complimentary uses. Rezoning of theexisting residential neighborhood from SF-7 to EC-I is inconsistent with the intent of EC-Izoning district, rendering the existing residencesnon- conforming. Property owners of this neighborhood petitioned staff and the City Manager to assist in the rezoningof the areaback to a single-family zoning district. Staff met with the neighbors on three occasions to discuss the rezoning process and a suitable zoning district designation that may better suit the area, recognizing the existing uses and setbacks for the existing homes. Consensus reached among the area property owners,with advicefrom City staff,is for staff to request the neighborhood to be rezonedto NR-3zoning district. The property owners believe this zoning district is appropriate to prevent intrusion of incompatible uses while also being able to allow existing residencesto conform to the NR-3zoning district standards and regulations. In addition, the maximum density allowed in the NR-3 zoning district is 3.5 dwelling units to an acre. There are 20 houses within this 8.532acres area. Per Section 35.5.2.3 of the Denton Development Code(DDC), 26dwelling units canbe developedwithin this property. However, the average lot size in this neighborhood is 13,575 which restrict majority of properties in the neighborhood to be developed beyond what currently exists. In essence, the NR-3 designation is enabling the existing residential development to conform to current state of the neighborhood, and not entitling more development than what is allowed. In addition to the neighborhood meetings, fifty four (54) public notices were sent to residents within 200 feet and thirty five (35) to those within 500 feet of the site (Exhibit 7). As of this writing, staff has received six (6) responses from property owners within 200 feet of the subject property in favor to the request. PRIOR ACTION/REVIEW At the March 16, 2013 meeting, the Planning and Zoning Commission recommended approval subject to conditions. OPTIONS 1.Approveas submitted. 2.Approvesubject to conditions. 3.Recommend denial. 4.Postpone consideration. 5.Table item. Agenda InformationSheet April 2, 2013 Page 3 RECOMMENDATION APPROVAL The Planning and Zoning Commission recommends of this rezoning request (7-0). APPROVAL The Development Review Committee recommends of this rezoning request. EXHIBITS 1.StaffAnalysis 2.Site Location/Aerial Map 3.Existing Zoning Map 4.Proposed Zoning Map 5.Future Land Use Map 6.Survey 7.Notification Map 8.Notice of Public Hearing Responses 9.City Manager’s Letter of Authorization 10.Property Owners Authorization 11.Neighborhood MeetingSummary 12.Site Photos 13.Planning and Zoning Commission, March 6, 2013 Meeting Minutes 14.Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Planning and Development, Director Prepared by: Nana Appiah, AICP Senior Planner Exhibit 1 Staff Analysis CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFFREPORT P&ZDate:February 6, 2013TYPE:Rezoning CC Date:April 2, 2013PROJECT #:Z12-0009 Project Number: Z12-0009 Request: Rezoneapproximately8.532acresfromanEmploymentCenter Industrial(EC-I)zoningdistrict toaNeighborhoodResidential3 (NR-3) zoning district. Applicant: Multiple Property Owners Spring Valley Estates Denton, TX 76208 City of Denton Property Owner: Multiple Property Owners Spring Valley Estates Denton, TX 76208 Location: Thesubjectpropertyisgenerallylocatedeast of Loop 288 and north of University Drive (US 380). Size: 8.532 acres. Zoning Designation: Employment Center Industrial(EC-I) Future Land Use: Employment Centers Case Planner: Nana Appiah, AICP DRCRecommendation:APPROVAL The Development Review Committee recommends of this rezoning request. Summary of Analysis: Thisrequestistorezonethe8.532propertyfromEmploymentCenterIndustrial(EC-I)zoning districttoNeighborhoodResidential3(NR-3)zoningdistrict.Currently,propertiesinthe neighborhood are developed as single-family homes. Thisexisting residential subdivision is inconsistent withtheintentoftheEC-Izoningdistrict. PertheDentonDevelopmentCode (DDC),“EmploymentCenters”zoningdistrictareasareintendedtoprovidelocationsfor a variety of workplaces, and complimentary uses.Per the Denton Plan, “Employment Centers” are also intended to accommodate secondary uses that complement or support the primary workplace uses,suchashotels,restaurants,convenienceshopping,andchildcare. Asshown inExhibit2, itisunlikelythatthepredominantlydevelopedpropertiesintheneighborhood willbeconverted to Employment Center uses. In addition, residents of the neighborhood have petitioned the city andcollectivelyagreedtorezonethisproperty toNR-3zoningdistrictto accommodatesingle-familyresidentialuses. NR-3isoneofthezoningdistrictswithin “ExistingLandUse”future land use category. PertheDDC,intentofthe“NeighborhoodResidential”zoningcategoryistopreserve and protect existing neighborhoods and to ensure that any new development is compatible with existinglanduses,anddesignstandards.NR-3iswithinthe “ExistingLandUse”futureland use category. PertheDentonPlan, the“ExistingLandUse”futureland useare“established residentialareas,newdevelopmentshouldrespondto existingdevelopmentwithcompatible land uses,anddesignstandards.ThePlanrecommends that existing neighborhoodwithinthe citybe vigorously protected and preserved. Housing that is compatible with the existing density, neighborhoodservice,andcommerciallanduses isallowed”.Currentcomposition of thesubject sitecreateslittleroom fornewdevelopment;however,designatingthepropertyasa NR-3will protect the neighborhood fromincompatibleland uses or future development. Themajorityofthepropertysouth of U.S. 380 and south of thesubjectsiteisdesignatedas Neighborhood Centers, specifically as a Planned Development District (PD 191, Prominent Square).ThepropertytothenorthisdesignatedasIndustrialCenterEmployment(IC-E), the propertytotheeastisEmploymentCenterIndustrial(EC-I),thewesternproperty is designated EmploymentCenterCommercial (EC-C).Designationsofthenorthern,eastern,and western propertiesareincompatiblewiththeproposed NR-3zoningdistrict. However,the subject property is already developed and the intent of this request is to protect the existing neighborhood;therefore,ensuringtheproposedrezoningiscompatiblewiththe immediateuses islesscriticalincomparisontoanewlyproposeddevelopment. Water,sewer, andtransportation demands have been evaluated by the Development Review Committee and availableservices to thesiteareadequate. FireProtectionServicetothesitehasalsobeen evaluated,theCityof DentonFireStation#2services this area. Findings-of-Fact 1.This request is to rezone the property from Employment Center Industrial (EC-I) to Neighborhood Residential 3 (NR-3). 2.The property is currently located within the Employment Centers Future Land Use category. Employment Center Commercial (EC-C) and Employment Center Industrial are the two zoning districts within the Employment Centers Future Land Use Category. Per the Denton Plan Employment Center Future Land Use areas are intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. “Employment Centers” are also intended to accommodate secondary uses that complement or support the primary workplace uses, such a hotels, restaurants, convenience shopping, and child care. 3.The property is currently developed as single family homes. According to DentonCounty Appraisal District information, majority of the houses in the neighborhood were constructed in the late 1960’s to early 70’s. This request to rezone the property to Neighborhood Residential 3 (NR-3) is to maintain the existing residential developments. 4.Per the Denton Development Code and Plan, a Comprehensive Plan amendment is required prior to rezoning the property from EC-I to NR-3. 5.Property owners of the subject property petitioned staff in 2011 to assist rezone the property to a residential district that is consistent with the existing residential development of the neighborhood. Specifically to rezone the property from Employment Center Industrial (EC-I) to Neighborhood Residential 3 (NR-3) district. 6.Neighborhood Residential 3 (NR-3) district isone of the zoning districts within “Existing ” Land Use”future land use category. Per The Denton Plan, “Existing Land Usefuture land use are “established residential areas, new development should respond to existing development with compatible land uses, and design standards. The Plan recommends that existing neighborhood within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed.” 7.The request for Neighborhood Residential 3 (NR-3) zoning district designation conforms to the existing single-family development of the neighborhood. 8.Portions of the site, specifically the western section covering four houses, are in the 100 yearFlood Plain. 9.Adjacent zoning district include Industrial Center Employment (IC-E) to the north, Planned Development District (PD 191-Prominence Square) to the south, Employment Center Industrial (EC-I) to the east, and Employment Center Commercial (EC-C) to the west ofsubject site. 10.The subject site is not located within any special overlay districts or areas. 11.There are no planned public improvements for potable water, sanitary sewer, and drainage or transportation facilities serving the subject site beyond existing facilities. 12.The site is currently served by 6-inch potable water mains, and 8-inch gravity sewer mains, along Morningside Drive, Spring Valley Drive, and Twilight Drive. These mains have adequate capacity to serve the estimated water demand and wastewater discharge. 13.There is no anticipated increase in water demand beyond current consumption. Twenty houses are currently within this proposed 8.532-acre area. Estimated peak hour consumption for these houses is approximately 30 gallons per minute (GPM). 14.Estimated peak wastewater discharge is approximately 22 GPM. 15.Anticipated storm water demand is approximately 47 cubic feet per second (CFS). 16.Anticipated transportation demand is 210 vehicle trips per day 17.According to the City of Denton Fire Department, this property is serviced by the City’s Fire Station #2, located at 3309 E. McKinney Street. 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 request with the existingland uses and IS CONSISTENTIS CONSISTENT general character of the area, with the Denton Plan, and with the Denton Development Code. Based upon the findings-of-fact, the Development Review Committee (DRC) recommends APPROVAL ofthis rezoning request. 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: EC-I; VacantIC-E; VacantIC-E; Vacant West:Subject Property:East: EC-C; Vacant EC-I; Single-FamilyEC-I; Vacant Southwest:South:Southeast: EC-C; CommercialEC-I/PD; Vacant/EC-I; Commercial Source: City of Denton Geographical Information System and site visit by City staff Comprehensive Plan: A.Consistency with Goals, Objectives and Strategies ThesubjectsiteiswithintheEmployment Centersfuturelandusecategory. Perthe DentonPlan,“EmploymentCenters”future landuseareasareintendedtoprovide locationsforavarietyofworkplaces, includinglimitedlightmanufacturinguses,research anddevelopmentactivities,corporatefacilities, offices,and institutions.“Employment Centers”arealsointendedtoaccommodatesecondaryusesthatcomplementorsupport the primary workplace uses, such a hotels, restaurants, convenience shopping, and child care. Basedontheexistingresidentialdevelopmentonthis8.830acreproperty, current uses of the property are inconsistent with the goals and objectives of the Denton Plan. Therequesttorezonethepropertyfrom EC-ItoNR-3willalsorequireaComprehensive Planamendment;changingthepropertyfromEmploymentCentersto‘ExistingLand Use”futurelanduse.Thisamendmentwillallow thepropertytobedesignatedtoafuture land use category that allows the proposed NR-3 zoning category. This change will also ensurethepropertyconformstothegoals oftheDentonPlanfor“ExistingLandUse” futurelanduse. PertheDentonPlan,“ExistingLandUse”are“establishedresidential areas, new development should respond to existing development withcompatible land uses, and design standards. The Plan recommends that existing neighborhood within the citybevigorouslyprotected andpreserved.Housingthatis compatiblewiththeexisting density, neighborhood service, and commerciallandusesisallowed.”Theproposed zoning request aligns with thecurrent use of the property. Zoning Allocation: Thesiteencompassesapproximately8.830acreszonedEC-I. Thisrezoningrequestwould affectthezoningallocationoftheEC-IandNR-3zoningdistrictswithintheCity.Currently, there is approximately 1,198.11 acres of land within the city that is zoned EC-I. If the applicant’sproposalisapproved,theEC-Iallocationwithinthecitywilldecreaseto1,189.28 acres. TheNR-3allocationwithinthecitywillincreasefrom4,555acrestoapproximately4,563 acres. Zoning Allocation Current Allocation Proposed Allocation Zoning District (acres)(acres) EC-I 1,198.111,189.28 NR-3 4,5554,563.83 Nearest Elementary, Middle, and High School: This is an existing single-family development. Staff doesnot anticipate generation of new students beyondcurrent impact. Nearest Fire, and EMS Station Approximate Distance From Name of Station Subject Property Fire/EMSFire Station #2, 3309East McKinney>2 miles Source: City of Denton GIS, Fire Department, and EMS Water and Wastewater Demand and Capacity: A.Estimated Demand and Service Provider: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 8.532± acresProposed Demand or No) Permitted Density(20houses in NR-3)(30 houses in NR-3) Potable Water Consumption20Yes (GPM) Wastewater 20Yes Generation (GPM) B.Available Capacity: Water is available from an existing 6-inch main along Morningside Drive, Spring Valley Drive, and Twilight Drive. All these roads are within the subject property. Wastewater is available from an existing 8-inch main along Morningside Drive, Spring Valley Drive, and Twilight Drive. All these roads are within the subject property C.Planned Capital Improvements Projects (CIP): There are no planned public improvements for potable water, sanitary sewer, and drainage or transportation facilities serving the subject site beyond existing facilities. Roadways/Transportation Network: A.Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 8.532 acresProposed Demand or No) Permitted DensityNR-3Yes Average Annual 210Yes Daily Trips (AADT) PM Peak Hour Trips21Yes B.Available Capacity: Spring Valley Drive is a City of Denton roadway and has the capacity to accommodate this development University Drive is a TxDOT roadway and has the capacity to accommodate this existing development. C.Roadway Conditions: Both Spring Valley and University Drive are classified as improved streets and are able to accommodate the existing development. D.CIP Planned Improvements: There are no CIP improvements planned.University Drive is a TxDOT right-of-way. Environmental Conditions: A.Surface Water: There is no surface water on site. B.Environmentally Sensitive Areas: A portion of, specifically the western section covering four houses, is in the 100 year floodplain. Wells (Public/Private): There are no wells, public or private on site. Any future development would be served by City potable water. Airports: The subject site is not located within the Denton Municipal Airport’s ACLUD zones. Electric: No comment. Park Facilities: No comment. Comments from other Departments: N/A. Exhibit 2 Site Location/Aerial Map Subject Site 8.532 Acres N Exhibit 3 Existing Zoning Map Subject Site 8.532 Acres N Exhibit 4 Proposed Zoning Map Subject Site NR-3 (8.532 Acres) Subject Site Subject site 31.14 acres N Exhibit 5 Future Land Use Map Subject Site 8.532 Acres Subject Site N Exhibit 6 Survey Exhibit 7 Notification Map Public Notification Date: 2/19/13 200’ Legal Notices sent: 50 500’ Courtesy Notices sent: 34 Number of responses to 200’ Legal Notice: In Opposition: 0 In Favor: 6 Neutral: 0 Exhibit 8 Notice of Public Hearing Responses Exhibit 9 City Manager’s Authorization Letter Exhibit 10 Property Owners Authorization Exhibit 11 Neighborhood Meeting Summary Exhibit 12 Site Photos Looking North toward Property Looking South from Property Looking West from Property Looking West from Property Looking Looking Southwest from Property Exhibit13 E PlanningandZoningCommissionMinutes 1 2Appiah stated the Spring Valley Neighborhood has petitioned staff to assist in the rezoning of 3their residential neighborhood from Employment Center Industrial to Neighborhood Residential- 43 zoning district. However, a Comprehensive Plan amendment is required. Therefore, this 5request is to amend the future land use from Employment Center to Existing Land Use. Appiah 6stated staff has held three (3) neighborhood meetings to discuss the proposed Comprehensive 7Plan amendment. Staff sent 54 public notices to property owners within 200 feet of the subject 8site and 35 courtesy notices to property owners within 500 feet of the subject site. Appiah stated 9he has received one returned response in favor of this request. Staff recommends approval of this 10request. Chair Schaake opened the Public Hearing. 11 12Valerie Hussey, 1903 Spring Valley Drive, Denton, Texas 76208 13 14Hussey stated she is in favor of this request and feels that it would be beneficial to the 15neighborhood. There was no one else to speak on this item; Chair Schaake closed the Public 16Hearing. 17 18Commissioner Brian Bentley motioned, Commissioner Devin Taylor seconded to approve the 19request. Motion approved (7-0). 20 E.Hold a public hearing and consider making a recommendation to City Council regarding a rezoning from Employment Center Industrial (EC-I) to a Neighborhood Residential 3 (NR- 3) zoning district on approximately 8.830 acres. The subject property is generally located East of University Drive (US 380) and North of Loop 288. (Z12-0009, Spring Valley Estates, Nana Appiah) This item is continued from the February 6, 2013 meeting. 21 22Appiah stated this request is to change the zoning from Employment Center Industrial to a 23Neighborhood Residental-3 zoning district. Staff sent 50 public notices to property owners 24within 200 feet of the subject site and 34 notices to property owners within 500 feet of the 25subject site. Appiah stated as of this meeting staff has not received any responses to the notices. 26Appiah stated staff recommends approval of this request. Chair Schaake opened the Public 27Hearing at 7:49 p.m.; there was no one to speak on this item. Chair Schaake closed the Public 28Hearing. 29 30Commissioner Brian Bentley motioned, Commissioner Thom Reece seconded to approve this 31request. Motion approved (7-0). 32 F.Hold a public hearing and consider making a recommendation to City Council regarding a zoning change request from a Rural Residential (RD-5) zoning district to an Employment Center Industrial (EC-I) zoning district for approximately 27.76 acres of land, located north of University Drive and west of Masch Branch Road, and legally described as Lot 2, Block 1 of the Marriott Gardens Addition. (Z12-0014, Masch Branch Rezoning, Ron Menguita) 33 34Menguita stated this request is for the zoning change from a Rural Residential-5 zoning district 35to an Employment Center Industrial zoning district. Menguita stated this would allow offices and 36light manufacturing uses within the proposed zoning district. Staff sent six (6) public hearing 6 Exhibit14 Ordinance PublicHearingE AGENDA INFORMATION SHEET AGENDA DATE:April 2, 2013 DEPARTMENT:Planning and Development ACM: John Cabrales SUBJECTUnicorn LakeMulti-familyDevelopment(Z12-0012) – Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from Regional Center Commercial Downtown (RCC-D) zoning district classification and use designation to Regional Center Residential 2 (RCR-2) zoning district classification and use designation, on 6.963 acres, located on the north and east sides of Shoreline Drive, west of Unicorn Lake Boulevard, 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 4-3.) BACKGROUND The applicant, Steve Homeyer (Homeyer Engineering), is requesting the rezoning of the subject property to RCR-2. The purpose of the rezoning request is to allow the construction of amulti- familydevelopment without the provision ofthe ground floor commercial uses required per limitation L(6) in the existing zoning district. The property is currently undeveloped and isplattedas Lots4R–8R, Block C,Unicorn Lake Addition. The subject property was rezoned from Planned Development 20 (PD-20)to Regional Center CommercialDowntown(RCC-D)as a result of the city-wide rezoning in 2002. Thesite is designated asRegional Mixed Use Centers on the City of Denton’s Future Land Use Map. An Alternative Development Plan (ADP07-0011) was approved for this site and the three lots located to the north in March 2008. The Alternative Development Plan (ADP)established the site plan for this site, including landscaping and open, pedestrian amenities, building area, and building coverage. Should this rezoning request be approved, amendmentsto ADP07-0011 will be required.The approved ADP site plan and the proposed amendment areattached to this report to illustrate the proposed changes to the design of the site (Exhibits 6 and 7). During their meeting on March 6,2013some members of the Planning and Zoning Commission had questions regarding this application. One of the concerns involved thethe applicability of the requirements for Pedestrian Oriented Districts as stipulated in Section 35.13.13.4 of the Denton Development Code (DDC). While it is true that Unicorn Lake has been designed with a pedestrian oriented concept, it is not defined as a pedestrian oriented district by virtue of the fact that it is not located in a zoning district identified as a pedestrian oriented district in the DDC. Section 35.23.2 of the DDC defines a Pedestrian Oriented District as all property within a Agenda Information Sheet April 2, 2013 Page 2 Neighborhood Residential zoning district or Central Business District. As such, the requirements for Pedestrian Oriented Districts noted in Section 35.13.13.4 will not be applicable to this site. This site has an approved Chapter 380 Economic Development Grant Agreement with the City for infrastructure improvements andforthe minimum amount of commercial development. The developer was required to make infrastructure improvements and develop a minimum 35,000 square feet of retail improvements. Per the terms of the agreement, oncethose thresholds are met, the City would in turn make a Program Grant installment payment to the holder of the agreement calculated as a percentage ofthe amount of sales tax generated on a monthly basis. The developer satisfiedthe minimum threshold requirements of the Chapter 380 agreement by November 2009 and payments began in January 2010. The 380 agreement will not have an effect on the subject site as the thresholds of the grant have been satisfied. Nine(9) public notices were sent to property owners within 200 feet of the subject site (Exhibit 9). Thirty-seven(37) courtesy notices were also sent to residents within 500 feet of this proposal. Staff has received oneproperty owner responsein favor of the rezoning request. PRIOR ACTION/REVIEW 1.March 23, 2004, a Chapter 380 Economic Development Grant Agreement is approved by City Council (Ord. No. 2004-093) 2.April 20, 2004, SSD04-0001, a special sign district was approved by the City Council 3.March 26, 2008,ADP07-0011 was approved by the Planning and Zoning Commission 4.April 8, 2008, a final plat of Lot 1, Block C, Unicorn Lake was approved by the Planning and Zoning Commission 5.June 17, 2008, a final plat of Lots 1R-8R, Block C, beinga replat of Lot 1, Block C, Unicorn Lake was approved by the Planning and Zoning Commission 6.May 5, 2009, an amendment to the Chapter 380 Economic Development Grant Agreement was approved, reassigning program grant installment payments to Northstar Bank(Ord. No. 2009-113). OPTIONS 1.Approveas submitted. 2.Approvesubject to conditions. 3.Deny. 4.Postpone consideration. 5.Table the item Agenda Information Sheet April 2, 2013 Page 3 RECOMMENDATION APPROVAL The Planning and Zoning Commission recommended of this application with a vote of 4-3. 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 ZoningMap 5.Future Land Use Map 6.ADP07-0011 approved site plan 7.Proposed Site Plan 8.Applicant’s Letter 9.Notification Map 10.Site Photos 11.Planning and Zoning Commission Minutes 12.Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Planning and Development, Director Prepared by: Cindy Jackson, AICP Senior Planner Exhibit 1 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date:March 6, 2013TYPE:Rezoning CC Date:April 2, 2013PROJECT #:Z12-0012 Project Number: Z12-0012 Request: Rezone 6.963± acres of land from a Regional Center Commercial Downtown (RCC-D) zoning district to a Regional Center Residential 2 (RCR-2) zoning district. Applicant: Steve Homeyer Homeyer Engineering, Inc. P.O. Box 294527 Lewisville, TX 75029 Property Owners: Tony Clark/Northstar Bank 400 N Carroll Boulevard Denton, TX 76201 Location: The subject property is located on the north and east sidesof ShorelineDrive, west of Unicorn Lake Boulevard. Size: 6.963± acres Zoning Designation: Regional Center Commercial Downtown (RCC-D) zoning district Future Land Use: Regional Mixed Use Center Case Planner: Cindy Jackson, AICP DRC Recommendation: The Development Review Committee (DRC) recommends APPROVAL ofZ12-0012. Summary of Analysis: The applicant is planning to rezone the subject site to RCR-2 to allow a multi-family development without providing the ground floor commercial uses required per limitation L(6) in the existing zoning district. Specifically, L(6) states that multi-familyuses are permitted only on nd 2story 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. Both Shoreline Drive and Unicorn Lake Boulevard are classified as Main Street Collectors. As such, ground floor commercial uses would be required along these two streets. The applicant maintains that the area cannot support additional commercial storefronts. Commercial businesses located in the Unicorn Lake area are currently struggling to survive. Some have closed recently. The addition of the proposed multi-family development would provide a built in customer base for the commercial uses located at Unicorn Lake. The purpose of the Regional Mixed Use Centers zoning districts “is to create centers of activity including shopping, services, recreation, employment and institutional facilities supported by and serving an entire region.” (Section 35.5.5.1 of the DDC.) The land uses located at I-35E and Loop 288, including the Golden Triangle Malland Rayzor Ranch located on University typify the kind of regional center intended by the Regional Mixed Use Centers zoning category. The requirement for a bottom floor commercial component in a multi-family building is typical of a pedestrian friendly type of development which is seen in the Central Business District. It should be noted that the Central Business District is defined as a Pedestrian Oriented District in Subchapter 23 of the DDC. The Regional Mixed Use Centers zoning districts are not identified as Pedestrian Oriented Districts. It is staff’s contention that the L(6) limitation on multi-family developments located within the RCC-D district is an attempt to create a pedestrian oriented development in an area that is intended to be a regional commercial center with intensive commercial activity with the associated traffic volume. The underlying future land use designation of RegionalMixed Use Centersis consistent with the proposed RCR-2zoning district. Findings of Fact 1.The site is designated as RegionalMixed Use Center on the Future Land Use Map. The Denton Plan states that “For a regional activity center, the focus area contains the shopping, services, recreation, employment, and institutional uses supported by and serving an entire region.Thus, a regionalactivity center could contain a regional shopping mall, a number of major employers, restaurant and entertainment facilities, a large high school or community college and high-density housing.A regional activity center is considerably larger and more diverse in its land uses than any other activity center.It includes vertically integrated uses where different uses may occur on each floor of the building.”The proposed RCR-2 zoning designation complies with this future land use category. 2.The RegionalMixed Use Centers zoning districts are meant to “create centers of activity including shopping, services, recreation, employment and institutional facilities supported by and serving an entire region.”The proposed multi-family development is appropriate for this site. 3.The subject site isnotlocated within an Overlay District; however, it is a part of ADP07- 0011. 4.There are no planned public improvements for potable water, sanitary sewer, drainage, or transportation facilities serving the subject site. 5.The proposed development has frontage on both Unicorn Lake Boulevard and Shoreline Drive. Both are classified as Main Street Collectors which havethe capacity to serve the development. 6.The site is undeveloped. 7.The subject site is surrounded on all sides by Regional Center Commercial Downtown (RCC-D) zoning district. 8.Per LOMR 02-06-276P, the subject property is no longer within the FEMA 100-year floodplain and floodplain ESA. 9.Other information stated by DRC. A.Anticipated water demand: 326GPM (peak) B.Anticipated wastewater demand.193GPM (peak) There is sufficient available capacity in the existing water distribution system to serve the highest and best use associated with the proposed zoning designation. Development Review Committee Based upon theinformation provided by the applicant and a recent site visit, the Development IS CONSISTENT Review Committee finds that the request with the surrounding land uses and IS CONSISTENTIS CONSISTENT general character of the area, with the Denton 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:North:Northeast: RCC-DRCC-DRCC-D UndevelopedMixed Use Retail CenterVacant Restaurant East: West:Subject Property: RCC-D RCC-D RCC-D Total Eyecare and General Office Office and Training FacilityUndeveloped Uses South: Southwest:Southeast: RCC-D RCC-DRCC-D Homewood Suites Hotel, Preserved ESAUndeveloped Brickhouse Gym Source: City of Denton Geographical Information System and site visit by City staff Comprehensive Plan: A.Consistency with Goals, Objectives and Strategies The subject site is located in the “Regional Mixed Use Centers” future land use designation. The focus area of a regional mixed use center contains the shopping, services, recreation, employment, and institutional supported by and serving an entire region. Thus, a regionalactivity center could contain a regional shopping mall, a number of major employers, restaurant and entertainment facilities, a large high school or community college and high-density housing. A regional activity center is considerably larger and more diverse in its land uses than any other activity center. It includes vertically integrated uses where different uses may occur on each floor of the building. A Multi-family development, built to the standards of the RCR-2 district, would be consistent with the future land use designation and therefore the Denton Plan. B.Land Use Analysis: The applicant is proposing a multi-familydevelopment, which is a permitted land use in the existing zoning district of Regional Center Commercial Downtown (RCC-D)with L(4) L(6). two limitations; and L(4) = Multi-familyis permitted only: With a Specific Use Permit; or As part of a Mixed-Use Development; or As part of a Master Plan Development, Existing; or If allowed by City Council approved neighborhood (small area) plan. nd L(6) = Permitted only on 2story 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. The applicant is requesting to rezone the site toremove the L(6) limitation requiring ground floor commercial on the bottom floor of multi-family developments.The proposed multi-family development will comply with the requirements of the proposed RCR-2 district and provide a local customer base for the existing commercial properties located in Unicorn Lake. Within the Residential Land Use category, the only difference between the proposed zoning district and the current RCC-D district is the limitation L(6) which is placed on multi-familyuses. Limitation L(6)requires office, retail or other permitted commercial uses be placed onthe ground floor of any multi-familydevelopment when located on along any avenue, collector, or arterial street. The proposed zoning district will either not permit, or permit with limitations, most of the commercial land uses currently permitted in the existing zoning district of RCC-D. For example, Retail Sales and Service is permitted in the RCC-D district;however,it is permitted with a limitation regarding square footagein the RCR-2 district. Both restaurants and offices are permitted in the existing zoning district, but are permitted with a limitation on floor area in the proposed zoning district. Within the Institutional Land Use category, Business and Trade Schools, Colleges, Hospitals and Mortuaries are permitted in the current zoning district, and not permitted in the proposed zoning district. Both Medical Centers and High Schools, which are permitted in the current zoning district, require approval of a Specific UsePermit (SUP) in the proposed zoning district. Finally, with regard to Industrial Uses, there are very few differences between the two districts. Bakeries are not permitted in the proposed zoning district; however,they are permitted in the current zoning district. Light Manufacturing is permitted with a limitation regarding floor area and where products produced may be sold. Veterinary Clinics and Gas Wells are permitted in the current zoning district (with a limitation for Gas Wells); however, both would require a SUP in the proposed district. The tables below highlight the differences in uses between the existing zoning district and the proposed zoning district based on each land use category. Residential Land Use CategoriesRCR-2RCC-D L(6) & Multi-family DwellingsL(4) L(4) CommercialLand Use CategoriesRCR-2RCC-D HotelsNP Bed and BreakfastL(9)P Retail Sales and ServiceL(17)P Movie TheatersSUPP Restaurant or Private ClubL(11)P Drive-through FacilityNP Professional Services and OfficesL(14)P Quick Vehicle ServicingNP Vehicle RepairNP Auto and RV SalesNP Outdoor RecreationSUPN Indoor RecreationNP Major Event EntertainmentNSUP Commercial Parking LotsNP Administrative or Research FacilitiesSUPP Broadcasting of Production StudioSUPP Industrial Land Use CategoriesRCR-2RCC-D BakeriesNP Light ManufacturingNL(23) Veterinary ClinicsSUPP Sanitary Landfills, Commercial NN Incinerators, Transfer Stations SUP Gas WellsL(27) L(27) Institutional Land Use CategoriesRCR-2RCC-D Business / Trade SchoolNP Kindergarten, Elementary SchoolPN High SchoolSUPP CollegesNP HospitalNP Medical CentersSUPP MortuariesNP Limitations L(4) = Multi-familyis 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-familyuse 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. nd L(6) = Permitted only on 2story 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(9) = All restrictions of L(8), but limited to no more than 15 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(14) = Uses are limited to no more than 10,000 square feet of gross floor area. 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 an SUP. L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. 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 CityOrdinances 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 Proposed Demand 6.963 ± acres or No) Permitted Density205Yes Potable Water Consumption 326 (peak)Yes (GPM) Wastewater 193 (peak)Yes Generation (GPM) B.Available Capacity: Water for the proposed Lot 4R1 is available from the existing 12-inch stub located near the intersection of Shoreline Drive and Enchanted Lake Drive. Water for the proposed Lot 5R1 is available from the existing 8-inch stub along Unicorn Lake Boulevard approximately 150’ north of the Shoreline Drive intersection. There is sufficient available capacity in the existing water distribution system to serve the highest and best use associated with the proposed zoning designation Sewer for the proposed lots is available via the existing 8-inch gravity main along Donovan Lane, the existing 10-inch gravity main along Shoreline Drive, and the existing 12-inch gravity main along Unicorn Lake Boulevard. 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 6.963± acresProposed Demand or No) Average Annual 1,363Yes Daily Trips (AADT) PM Peak Hour Trips137Yes B.Available Capacity: All perimeter streets have the capacity to accommodate this development. However, this development is required to cost participate for the signalization of Windriver Lane/Unicorn Lake Blvd, Windriver Lane/Shoreline Road, and Unicorn Lake Blvd./State School Road. C.Roadway Conditions: Windriver Lane, Unicorn Lake Blvd, and Shoreline Drive all are classified as improved perimeter streets. D.CIP Planned Improvements: None Environmental Conditions: Per LOMR 02-06-276P, the subject property is not longer within the FEMA 100-year floodplain and floodplain ESA. Electric: The new electric service will be per Denton Municipal Electric’s (DME) Electric Service Standards. DME requires that landscaping be limited to sod in the utility easements. Pavement within a utility easement is also acceptable. Park Facilities: The Park Land Dedication and Development Ordinance will apply to this development. The Park Dedication Fee is based on a formula of 2.5 x number of residential units x 1.8 people per unit for Multi-family Development or 2.8 people per unit for Single Family Development divided by 1000 = required park acreage dedication or the market value based on the appraised land valuation for comparable land. On site recreational components may provide credits toward this amount. A Park Development Fee will be assessed at time of obtaining a building permit equal to $187 per residential unit for Multi-family Development and $291 per residential unit for Single Family Development. Comments from other Departments: N/A. Public Notification Date: 2/22/13 8 37 In Opposition: 0 In Favor: 1 Neutral: 0 Mixed use building on north side of subject site viewed from Unicorn Lake Blvd. to the Mixed use building on north side of subject west. site viewed from Shoreline Dr. to the east. Property located on west side of site across Property located on east side of site across Shoreline Dr. Unicorn Lake Blvd. View toward the south side of the site towards the Brickhouse Gym. �x�iibi�t F�