HomeMy WebLinkAboutJune 17, 2008 AgendaAGENDA
CITY OF DENTON CITY COUNCIL
June 17, 2008
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, June 17, 2008 at 3:30 p.m. in the Council Work Session
Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
considered:
1. Requests for clarification of agenda items listed on the agenda for June 17, 2008.
2. Receive a presentation from Jim Schermbeck from Downwinders at Risk, a non-profit
citizens' group, on "green cement", which is the purchasing of bulk cement or cement in
concrete according to how much air pollution is released in the cement's production
process. Hold a discussion and consider staff direction based on this presentation.
3. Receive a report, hold a discussion and give staff direction regarding various issues
relating to the Rayzor Ranch mixed use development located on the north and south sides
of Hwy 380 at I-35, including but not limited to, drainage, overlay district amendments, a
Denton Municipal Electric substation site agreement, a developer's agreement for the
construction of Hwy 380 between Bonnie Brae and I-35, and a special sign district.
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. When items for consideration are not listed under the Closed Meeting
section of the agenda, the City Council will not conduct a Closed Meeting and will convene at
the time listed below for its regular or special called meeting. The City Council reserves the
right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with
Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below.
l. Closed Meeting:
A. Consultation with Attorney -- Under Texas Government Code Section 551.071.
l. Receive, consider and hold a discussion related to a briefing from City's
Attorneys, relating to claims, potential claims, and settlement thereof for
matters pertaining to JNC Partners Denton, LLC v. City of Denton,
including legal advice related to future annexation, zoning, subdivision
controls, plat applications, annexation plans, development agreements,
annexation agreements, service plans, utility service, water rights,
permitting and other legal issues related to the future development of land,
as proposed by JNC Partners Denton, LLC.
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 SE .(THE TEXAS OPEN MEETINGS AC'1� 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.
City of Denton City Council Agenda
June 17, 2008
Page 2
At 5:30 p.m., the Council will hold a Mayoral Reception in the City Hall Conference Room.
Regular Meeting of the City of Denton City Council on Tuesday, June 17, 2008 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:
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag/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. Resolution of Appreciation for Ed Snyder
2. Resolution of appreciation for Random Acts of Kindness Month
B. June Yard-of-the-Month Awards
3. 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. Citizens may speak on items listed on the Consent Agenda. A Request to Speak
Card should be completed and returned to the City Secretary before Council considers the Consent
Agenda. Citizen comments on Consent Agenda items are limited to three minutes.
Listed below are bids, purchase orders, contracts, and other items to be approved under the
Consent Agenda (Agenda Items A— O). 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— O 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 providing for the sale of real property located
at 2535 Charlotte Street and the use of sales proceeds for support of Community
Development programs; and providing for an effective date.
B. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas, approving the Second Amendment to that agreement between the City of
Denton and the Denton Affordable Housing Corporation; authorizing the City
Manager to execute the Second Amendment and to expend funds with respect to
the Second Amendment; and providing for an effective date.
City of Denton City Council Agenda
June 17, 2008
Page 3
C. Consider approval of a resolution adopting new program guidelines to reduce the
amount of per unit assistance under the Impact Fee Incentive Grants Program to
pay water and wastewater impact fees for single family affordable housing
residential units; and providing an effective date.
D. Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a purchase order through the Buy Board
Cooperative Purchasing Network for the acquisition of a Doosan D160 Pneumatic
Tire Forklift for Denton Municipal Electric by way of an Interlocal Agreement
with the City of Denton; and providing an effective date (File 4072—Interlocal
Agreement for the purchase of Forklift for Denton Municipal Electric awarded to
Darr Equipment Co. in the amount of $120,390). The Public Utilities Board
recommends approval (4-0).
E. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the installation of one autotransformer pad and three
concrete control house building foundations a the RD Wells Interchange;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 4038—RD Wells Autotransformer Pad and Concrete Building Foundations
awarded to Cates, Courtney and Roebuck, Inc. in the amount of $104,610. The
Public Utilities Board recommends approval (4-0).
F. Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a Professional Services Agreement with the firm of Carter & Burgess,
Inc. to provide engineering, design and construction management services for the
Downtown Denton Transit Center; authorizing the expenditure of funds therefor,
and providing an effective date (File 4014 in an amount not to exceed $337,590).
G. Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a Professional Services Agreement with the firm of Carter & Burgess
to provide architectural design services for the update of the existing
Comprehensive Parks, Recreation and Open Space Master Plan for the City of
Denton; authorizing the expenditure of funds therefor, and providing an effective
date (File 4069 in an amount not to exceed $109,800).
H. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the purchase of a Liebert
30 ton air cooled system for the Technology Services Computer Room, which is
available from only one source in accordance with the pertinent provisions of
Chapter 252 of the Texas Local Government Code exempting such purchases
from the requirements of competitive bidding; and providing an effective date
(File 4073 Purchase of Air Conditioning Unit for Technology Services Computer
Room awarded to Liebert/Tech Plan, Inc. in the amount of $59,375).
L Consider adoption of an ordinance accepting competitive bids and awarding a
three-year contract for the purchase of temporary employment services for various
City of Denton departments for the City of Denton; providing for the expenditure
of funds therefor; and providing an effective date (Bid 4058—Three-Year Contract
City of Denton City Council Agenda
June 17, 2008
Page 4
for Temporary Employment Services awarded to Express Employment
Professionals in the annual estimated amount of $200,000 for an estimated three
year total of $600,000).
J. Consider adoption of an ordinance of the City of Denton, Texas, approving and
authorizing the establishment of minimum standards for self-fueling of aircraft
utilizing tenant self-operated fuel farms at the Denton Municipal Airport; and
providing an effective date. The Airport Advisory Board recommends approval
(5-0).
K. Consider approval of a resolution expressing on behalf of the City of Denton, an
interest in participating in a grant offer from the Texas Department (TxDOT) to
fund an Airport Business Plan relating to the Denton Municipal Airport;
demonstrating that the City of Denton has requisite matching finds in the amount
of $50,000.00; confirming agreement to pay a portion of the total project costs;
and providing an effective date. The Airport Advisory Board recommends
approval (5-0).
L. Consider adoption of an ordinance approving an Ingress/Egress Easement by and
between the City of Denton, as grantor and Oncor Electric Delivery Company,
LLC, as grantee, regarding a 0.046 acre tract of land located in the Myers,
Johnson, Brummet and Greene Survey, Abstract No. 1699, City of Denton,
Denton County, Texas; providing an effective date. The Public Utilities Board
recommends approval (4-0).
M. Consider adoption of an ordinance authorizing the City Manager to approve a
Designation of Pooled Unit and Amendment and Ratification of Oil and Gas
Leases (Meredith No. 1 Unit) with Endeavor Energy Resources, L.P. for 3.13
acres, more or less, of the S.A. Ventures Survey, A-1315, being the Hickory
Creek Substation site.
N. Consider approval of the minutes of:
May 6, 2008
May 13, 2008
May 20, 2008
O. Consider approval of a resolution by the City Council of the City of Denton
relating to the issuance of bonds by North Texas Higher Education Authority,
Inc.; approving the issuance of such additional bonds and the use of the proceeds
of such bonds; and making certain findings in connection therewith; and
providing an effective date.
4. PUBLIC HEARINGS
A. Hold a public hearing and consider the adoption of an ordinance of the City of
Denton, Texas, for a zoning change from a Agriculture (A), Industrial Center
General (IC-G), Neighborhood Residential2 (NR-2), Regional Center Residential
1(RCR-1), Community Mixed Use Employment (CM-E), and Planned
Development 138 (PD-138) zoning districts to the Inspiration Master Planned
Community (MPC) zoning district classification and use designation; the area for
City of Denton City Council Agenda
June 17, 2008
Page 5
zoning change encompasses 3,331 acres of land located on both sides of I-35W
between Robson Ranch Road and Vintage Boulevard and is legally described as
certain tracts of land in the E. Pizono Survey, Abstract Number 1269, G.
Pettingale Survey, Abstract Number 1041, J. Taft Survey, Abstract Number 1269,
G. West Survey, Abstract Number 1393, B.B.B. & C. Railroad Company Survey,
Abstract Number 158, S. Pritchett Survey, Abstract Number 1021 and the
McCutchin Lands known as Pilot Knob Ranch in 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. The Planning and Zoning
Commission recommends approval (7-0). (MPC07-0001, Inspiration)
B. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, providing for a Comprehensive Plan Amendment from a
"Neighborhood Centers" future land use designation to a"Community Mixed Use
Centers" future land use designation; the area for adoption of amendment is on
88.54 acres of land located at the southwest corner of Vintage Boulevard and
Bonnie Brae Street, and is legally described as Exhibit A, in 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. The Planning
and Zoning Commission recommends approval of CA08-0002 (5-0). The
Planning and Zoning Commission recommends approval of CA08-0003 (6-0).
(CA08-0002, Public Safety Training Facility & CA08-0003, Fire Station #7)
C. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, providing for a zoning change from a Planned Development 139
(PD-139) and Neighborhood Residential Mixed Use (NRMU) zoning district
classifications and use designation to Community Mixed Use Center (CM-G)
zoning district classification and use designation; the area for zoning change
encompasses 88.54 acres of land located at the southwest corner of Vintage
Boulevard and Bonnie Brae Street, and is legally described as Exhibit A, in 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. The
Planning and Zoning Commission recommends approval of Z08-0007 (5-0). The
Planning and Zoning Commission recommends approval of Z08-O011 (6-0).
(Z08-0007, Public Safety Training Facility & Z08-0011, Fire Station #7)
D. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, amending Subchapter 35.15.10.6 of the Denton Development
Code pertaining to the definition of "premise" as it relates to signs, amending
Subchapter 35.15.10.6 of the Denton Development Code pertaining to the
relocation of signs, and creating Subchapter 35.15.18.8 of the Denton
Development Code pertaining to relocation, reduction and mitigation of legally
nonconforming and prohibited signs; providing for a penalty clause with the
maximum amount of $2,000.00 for violations thereof; and providing for an
effective date. The Planning and Zoning Commission recommends approval (6-
0). (DCA08-0004, Subchapter 1 S Development Code Amendments)
City of Denton City Council Agenda
June 17, 2008
Page 6
E. Continue a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, regarding a proposed special sign district within a Neighborhood
Residential Mixed Use zoning district. The special sign district designation will
allow for two multi-tenant ground signs to serve the Hickory Creek Plaza
shopping center with the exception of three lots. The subject shopping center is
located on the southeast corner of Teasley Lane (F.M. 2181) and Hickory Creek
Road in the City of Denton, Texas; providing for a penalty in the maximum
amount of $2,000.00 for violations thereof, severability and an effective date.
The Planning and Zoning Commission recommends approval (5-1). (SD08-0001,
Hickory Creek Plaza)
F. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, providing for a special sign district within the Rayzor Ranch
Overlay zoning district. The subject property contains approximately 410 acres
and is located generally on both sides of U.S. Highway 380 (West University
Drive), between Interstate Highway 35 and Bonnie Brae Street and is legally
described in the attached Exhibit 7; providing for a penalty in the maximum
amount of $2,000.00 for violations thereof, severability and an effective date.
The Planning and Zoning Commission recommends approval (6-0). (SD07-0001,
Rayzor Ranch Special Sign District)
G. Hold a public hearing and consider adoption of an ordinance of the City of
Denton creating a Special Purpose and Overlay District to be known as the West
Oak Area Historic District, on approximately 52.01 acres of land generally
located in the City of Denton, Denton County, Texas; amending Subchapter 7 of
the Denton Development Code by adding Section 35.7.13 "West Oak Area
Historic District" creating and providing for regulations for the West Oak Area
Historic District, including architectural, sign, and parking regulations; providing
for a penalty in the maximum amount of $2,000 for violations thereof; providing
for a severability clause; and providing for an effective date. The Historic
Landmark Commission recommends approval (8-0). The Planning and Zoning
Commission recommends approval (6-0).
H. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas updating Impact Fees by Amending Chapter 26, "Utilities,"
Section 26-210 through Section 26-232 of the City of Denton Code of
Ordinances; adopting revised Land Use Assumptions and Capital Improvements
Plans for Water and Wastewater Impact Fees; establishing new service areas for
water impact fees; establishing new maximum impact fees per service unit and
impact fees to be collected; creating schedules for the assessment and collection
of impact fees; repealing section 26-222 (d); amending section 26-226 regarding
appeals; repealing conflicting ordinances and resolutions; providing for a
severability clause; providing for a penalty not to exceed $2,000 for each
violation thereof; and providing an effective date.
City of Denton City Council Agenda
June 17, 2008
Page 7
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider adoption of an ordinance on second and final reading of the City of
Denton, Texas, annexing by consent tracts of land consisting of approximately
484.84 acres, contiguous and adjacent to the City of Denton, generally located on
the west side of Locust Street and south of Milam Road; approving a service plan
for the annexed property; providing a severability clause and an effective date.
The Planning and Zoning Commission recommends the annexation proceed as
presented (7-0). (A07-0006, Hills of Denton North Annexation)
B. Consider adoption of an ordinance approving a Development Agreement between
the City of Denton and Allegiance Hillview, L.P., a New York limited partnership
acting by and through its general partner, TH GP LLC (d/b/a TH Denton GP
LLC), a Delaware limited liability company (hereinafter called "Developer") for
securing the funding associated with the construction of the widening of U.S.
Highway 380 through the Rayzor Ranch Development, reimbursement for third
party inspection services for the highway construction and the expenditure of
utility funds for the relocation of water and wastewater utilities between IH35 and
Bonnie Brae Road. The Public Utilities Board recommends approval (4-0).
C. Consider adoption of an ordinance approving a development agreement for
Rayzor Ranch (DME site) by and between the City of Denton, Texas and
Allegiance Hillview, L.P., a New York limited partnership acting by and through
its general partner, TH GP LLC (d/b/a TH Denton GP LLC), a Delaware limited
liability company, providing for the developer's conveyance of a certain two acre
tract of land to the City in order for the City to provide an electric substation to
serve the development; and the City's acquisition of easements and the relocation
of existing electric transmission lines as are necessary for the City to construct a
certain "right turn only lane" together with other matters; and providing an
effective date. The Public Utilities Board recommends approval (4-0).
D. Consider nominations/appointments to the City's Boards and Commissions.
E. Consider adoption of an ordinance canvassing the returns and declaring the results
of the Runoff Election to elect a Mayor to Place 7 of the City Council of the City
of Denton, Texas held in the City of Denton on June 14, 2008; and providing an
effective date.
F. Oath of Office administered to newly elected Mayor.
G. Election of Mayor Pro Tempore.
H. Election of Deputy Mayor Pro Tempore.
L Resolution related to Mayoral Election.
J. Citizen Reports
1. Review of procedures for addressing the City Council.
City of Denton City Council Agenda
June 17, 2008
Page 8
2. Receive citizen reports from the following:
A. Robert Donnelly regarding open government.
K. New Business and Announcements
This item provides a section for Council Members to suggest items for future
agendas, request information from the City Manager, and/or make announcements
of public interest.
L. City Manager's Report
M. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
N. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of ineeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of , 2008 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCII, CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY' S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE: June 17, 2008
DEPARTMENT: Utilities — Environmental Quality Division
ACM: Howard Martin, 8232 ����
SUBJECT
Receive a presentation from Jim Schermbeck from Downwinders at Risk, a non-profit citizens'
group, on "green cement", which is the purchasing of bulk cement or cement in concrete
according to how much air pollution is released in the cement's production process. Hold a
discussion and consider staff direction based on this presentation.
BACKGROUND
Mr. Jim Schermbeck represents Downwinders at Risk, a non-profit citizens' group that is
interested in air quality. Mr. Schermbeck's presentation describes the nature of ozone problems
being faced by North Texas, and describes the concept of "green cement purchasing". Green
cement purchasing involves the purchase of bulk cement and cement in concrete according to
how much air pollution is released during the manufacturing of the cement. Enacting green
cement purchasing policies is an effort by local governments in the DFW area to persuade the
operators of the oldest and dirtiest cement kilns to either modernize existing "wet kiln" plants or
build new, less-polluting "dry kiln" plants. Midlothian's three "wet kiln" cement plants account
for up to approximately half of all the smog-forming pollution released in the nine county DFW
"non-attainment area" for ozone. The idea of green cement was endorsed by the North Central
Texas Council of Government's North Texas Clean Air Steering Committee in October 2006,
and green cement resolutions have been adopted by Dallas, Ft. Worth, Arlington and Plano.
OPTIONS
l. Direct staff to prepare a"green cement" resolution, similar to those adopted by Dallas, Ft.
Worth, Arlington and Plano
2. Request addition information from Downwinders at Risk and /or staff
3. No action
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
May O5, 2008 — Presented to City Council Committee on the Environment, with
recommendation for presentation to the full Council during work session.
EXHIBITS
l. Presentation from Jim Schermbeck, Downwinders at Risk
Respectfully prepared and submitted by:
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Kenneth Banks, Manager
Division of Environmental Quality
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City of Denton
Impact Fee Incentive Grant Program
Guidelines and Application Information
1. Purpose
The Impact Fee Incentive Grant program is establishedto provide non-profit developers
incentives to construct affordable housing within the City of Denton, for the following
purposes:
(a) To reduce the housing cost burden for low and moderate-income households;
(b) To provide home ownership opportunities for low and moderate-incomehouseholds;
(c) To provide affordable housing for low-modincome,elderly and disabled households;
(d) To expand affordable housing within the corporate limits of the City of Denton to
encourage further employment, increase sales tax revenues, to expand economic
; and
(e) To provide an incentive to construct additional affordable housing units in Denton.
2. Definitions
The following words, terms, and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Affordable housingmeans owner-occupied single family homes that do not exceed
City of Denton HomebuyerAssistance Program loan-to-income guidelines, or
housing for low income renter households that costs less than 30% of household
income.
Low-income householdmeans a household that has an annual income less than 80%
of the median household income for the Dallas metropolitan area, adjusted for
household size, as per the applicable federal definition or as per the findings of the
United States Secretary of Housing and Urban Development, in accordance with 42
USC §12745.
Non-profit corporation-for-
means a corporation no part of the income of which is distributable to its members,
directors, or officers and which meets all the requirements of Article 1396 §1.01, et
seq., the Non-Profit Corporation Act, Vernons Annotated Civil Statutes.
3. Incentive Grant Standards
A. Qualified Construction
1. New owner-occupied single family housing units, and/or
2. New renter-occupied, elderly or disabled multifamily housing
Revised 10/07
B. Qualified Occupants
1. Lowand moderate-income households (see Attachment A), and/or
2. Low-income elderly or disabled households
C. Qualified Developers
Non-for-profit corporations that develop affordable housing
D. Qualified Areas
1. Properties within the corporate limits of the City of Denton, and
2. Properties subject to water/wastewater impact fees
E. Maximum Housing Cost
1. Price cap of owner-occupied unit(s) tied to the annual requirements
of or another
comparable program.
2. Price cap of renter-occupied units may not exceed the fair market
rents established by the Denton Housing Authority (DHA), or may
not exceed fair market rents established by HUD for the
Dallas/Fort Worth area.
F. Dwelling Unit Longevity
1. Qualified owner-occupants must maintain ownership and reside in
the unit receiving the grant for a minimum period of ten (10)years.
2. Eligible multi-family housing units must not exceed total housing
cost requirements for a period of not less than ten (10) years.
G. Other Requirements
1. The affordable housing unit must be served by existing City
infrastructure and services.
2. The design and the construction of the affordable housing unit
must meet the criteria established by the City of Denton
Community Development Division for habitability, affordability,
accessibility, water conservation, and energy efficiency.
4. Availability of Incentive Grants
Grants available for the encouragement of the construction of affordable housing shall be
limited to a maximum of $2,500 per unit. Grants will be available on a first come, first
served basis, based upon the date of submittal of an application for an impact fee
exemption.
5. Grant Approval Process
A. The Impact Fee Incentive Grant Program will be administered by the
Revised 10/07
B. The Community Development Division is authorized to collect any
information necessary to determine compliance with the grant
requirements.
C. Applicants must complete the application and execute the application
certification prior to consideration for an exemption(s).
D. Participant Developers must execute the following documents
(Attachments B, C, and D):
i. Impact Fee Incentive Grant Agreement
ii. Note
iii. Deed of Trust
E.Upon approval of the application and execution of the documents listed
above, the City Manager will execute the Impact Fee Incentive Grant
Agreement.The agreement will be forwarded to the Community
Development Division.
F.Uponexecution of the ImpactFee Incentive Grant Agreement, submission
of a receipt showing payment of the impact fees by the applicant
developer, and completion of the approved unit, the City of Denton
Community Development Administrator will initiate reimbursement of up
to $2,500 to the developer.
G.If the applicant fails to finish construction of the affordable housing unit
within fifteen months after certification, the Community Development
Division Manager may revoke the award.
IMPACT FEE INCENTIVE GRANT APPLICATION
Applications will be reviewed by the Community Development Division on a first-
come, first-served basis. Applicants for the Impact Fee Incentive Grant Program
Certification to:
Community Development Division
601 E Hickory Street Ste B
Denton, Texas, 76205
Please call 940-349-7235 for application assistance.
I. Applicant Information
1. Name, address and telephone number of the nonprofit organization
2. Name and telephone of executive director or contact person
3. List of Board of Directors members and officers including contact
information.
4. Attach documentation of incorporation and 501(c)(3) nonprofit status
Office showingcorporation currently in good standing and any
Revised 10/07
documentation from internal revenue service showing tax exempt, non-
profit status.
II. Development Information
1. Name of development
2. Location (Please provide a general location and a legal description of the
property.) Attach a map showing the site.
3.Describe the current status of the project zoning issues, property
acquisition, site preparation, building plans, required permits/approvals,
projected start of construction and completion dates. Attach
documentation of site control.
4.Provide a project budget including a list of all financing sources. Attach
copies of award letters or other documentation of secured financing.
5.Other:
a. Number of affordable single family units
b. Number of affordable multifamily units (elderly & disabled)
c. Copy of building permit for project
d. Copy of receipt for payment of impact fees
III. Affordability Information
1. Describe how the organization will establish and enforce the required
period of affordability for the unit(s).
2. What is the household income level of the project beneficiaries?
3.
4. Attach a rent schedule for each affordable rental unit.
5. Attach a price schedule for each affordable owner unit.
Revised 10/07
City of Denton
Impact Fee Incentive Grant Program
Application Certification
I, the undersigned duly authorized representative of _____________________________,
a Texas not-for-profit corporation which meets the requirements of the Texas non-profit
corp
described in the attached documents, do hereby make application to the City of Denton
for ____________ (amount). I do hereby and declare, certify and represent as follows:
1.The applicant intends to construct _________ single family units to be
sold to qualified homebuyers or construct and operate a _________unit multi-family
rental residential development (the Development) to be located within the City of
Denton, Texas at __________________________________________(address of unit)
and desires that the City Provide grants of public funds to assist the Development from
payment of water/wastewater impact fees in accordance with the Impact Fee Incentive
Grant Program Guidelines.
2.The Applicant has received a copy of the Impact Fee Incentive Grant
Program Guidelines with accompanying attachments, has reviewed the documents and
hereby agrees to comply with all terms and provisions of the guidelines.
3.The Applicant has submitted a completed copy of the Impact Fee
Incentive Grant Program Application and to the best of my knowledge, the information
contained therein is true and correct.
4.The Applicant, if awarded an incentive grant, hereby agrees to execute a
grant agreement (Attachment B) with the City of Denton for receipt of the grant. The
Contract contains such provisions as are necessary to carry out the requirements of the
Impact Fee Incentive Grant Program.
5.Before issuance of the Certification of Impact Fee Incentive Grant
approval, the Applicant will execute a Note (Attachment C) payable to the City of
Denton in the amount of the number of incentive grants granted times $2,500and a Deed
of Trust (Attachment D) and or restrictive covenant as required, sufficient to assure that
the unit(s) receiving the incentive grant will be occupied by an eligible family with
income below 80% of the median family income for the Dallas area and requiring an
affordability period of tenyears for owner-occupied housing andmultifamily housing. If
the unit is not occupied within 15 months of the issuance of the Certificate of Impact Fee
Incentive Grant Program approval, the Applicant will not be reimbursed for the $2,500
per unit of impact fees paid on the project.
Revised 10/07
Based on the foregoing, the Applicant requests that the City of Denton grant the
requested exemption in accordance with the Impact Fee Incentive Grant Program
Guidelines.
WITNESS MY HAND THIS_____________ DAY OF ___________, ________.
APPLICANT
BY:________________________________
Title:_______________________________
_____________________________________________________________
WitnessDate
Revised 10/07
AGENDA INFORMATION SHEET
AGENDA DATE:
June 17, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Mike Ellis 349-8424
ACM:
Jon Fortune
SUBJECT
Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his
designee to execute a purchase order through the Buy Board Cooperative Purchasing Network
for the acquisition of a Doosan D160 Pneumatic Tire Forklift for Denton Municipal Electric by
way of an Interlocal Agreement with the City of Denton; and providing an effective date (File
4072-Interlocal Agreement for the purchase of Forklift for Denton Municipal Electric awarded to
Darr Equipment Co. in the amount of 120,390). The Public Utilities Board recommends approval
(4-0).
FILE INFORMATION
This unit is a motor pool replacement for a similar unit purchased in 1999. The replacement was
approved during the 2007-2008 budget process. The new unit has a higher lifting capacity due to
DME requirements for larger, heavier transformers and larger conductor cable shipped on
heavier reels. The old unit will be transferred to a lighter duty operation in Fleet Services.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its June 9, 2008 meeting.
RECOMMENDATION
Award the purchase of a Doosan D160 Pneumatic Tire Forklift to Darr Equipment Co. in the
amount of 120,390.
PRINCIPAL PLACE OF BUSINESS
Darr Equipment Co.
Southlake, TX
ESTIMATED SCHEDULE OF PROJECT
This equipment is in stock and can be delivered after Council approval and a purchase order is
issued.
Agenda Information Sheet
June 17, 2008
Page 2
FISCAL INFORMATION
This item will be funded from account 602260605.1355.3920. Requisition 87313 has been
entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Quote from Darr Equipment Co.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-File 4072
Exhibit 1
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD
COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF A DOOSAN
D160PNEUMATIC TIRE FORKLIFT FOR DENTON MUNICIPAL ELECTRIC BY WAY OF
AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN
EFFECTIVE DATE (FILE 4072-INTERLOCAL AGREEMENT FOR THE PURCHASE OF
FORKLIFT FOR DENTON MUNICIPAL ELECTRIC AWARDED TO DARR EQUIPMENT
CO. IN THE AMOUNT OF $120,390).
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network has solicited, received, and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies, or services in accordance with the procedures of state law on
behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Buy Board Cooperative Purchasing Network programs at less cost than the City
would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1.
office of the Purchasing Agent, are hereby accepted and approved as being the lowest
responsible bids for such items:
FILE
NUMBER VENDOR AMOUNT
4072 Darr Equipment Co. $120,390
SECTION 2. By the acceptance and approval of the items set forth in the referenced file
number, the City accepts the offer of the persons submitting the bids to the Buy Board
Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment,
supplies, or services in accordance with the terms, conditions, specifications, standards,
quantities and for the specified sums contained in the bid documents and related documents filed
with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the
City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the referenced file number wish to enter into a formal written agreement as a result of the
ty
Manager or his designated representative is hereby authorized to execute the written contract
which shall be attached hereto; provided that the written contract is in accordance with the terms,
conditions, specifications and standards contained in the Proposal submitted to the Buy Board
Cooperative Purchasing Network, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the items set forth in the referenced file
number, the City Council hereby authorizes the expenditure of funds therefor in the amount and
in accordance with the approval purchase orders or pursuant to a written contract made pursuant
thereto as authorized herein
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this ________ day of ______________, 2008.
______________________________
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ________________________________
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: _________________________________
3-ORD-File 4072
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 June 9, 2008
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
7 Monday, June 9, 2008 at 9:04 a.m. in the Service Center Training Room, City of Denton Service
8 Center, 901-A Texas Street, Denton, Texas.
9
Present
10 : Chair Charldean Newell, Bill Cheek, Randy Robinson and Bill Grubbs
11
12 Ex Officio Members:
13 George C. Campbell, City Manager
14 Howard Martin, ACM Utilities
15
Absent
16 : Dick Smith, John Baines and Phil Gallivan, all excused
17
18
OPEN MEETING:
19
20
CONSENT AGENDA:
21
22
23 has had an opportunity to raise questions regarding these items prior to consideration.
24
25 3) Consider recommending approval of the proposal from Floyd Smith Concrete, Inc. for
26 construction of the concrete pavement for the compost screening area and the large truck
27 access and turnaround facility in the amount of $253,741.
28
29 4) Consider recommending adoption of an Ordinance of the City of Denton authorizing the City
30 Manager or his designee to execute a purchase order through the Buy Board Cooperative
31 Purchasing Network for the acquisition of a Doosan D160 Pneumatic Tire Forklift for
32 Denton Municipal Electric by way of an Interlocal Agreement with the City of Denton; and
33 providing an effective date (File 4072-Interlocal Agreement for the purchase of Forklift for
34 Denton Municipal Electric awarded to Darr Equipment Co. in the amount of $120,389.72).
35
36 5) Consider recommending approval to award a construction contract for installation of the RD
37 Wells Interchange Autotransformer Pad and Control Building Concrete Foundations, in
38 accordance with the specifications in Bid #4038 to Cates, Courtney & Roebuck, Inc., based
39 in Fort Worth, in the total estimated expenditure amount of $104,610.
40
Board Member Randy Robinson moved to approve Items 3 through 5 with a second from
41
Board Member Bill Grubbs. The motion was approved by a 4-0 vote.
42
43
44 The meeting was adjourned by consensus at 11:00 a.m.
45
AGENDA INFORMATION SHEET
AGENDA DATE:
June 17, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Phil Williams 349-8487
ACM:
Jon Fortune
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for the installation of one autotransformer pad and three concrete control house building
foundations at the RD Wells Interchange; providing for the expenditure of funds therefor; and
providing an effective date (Bid 4038-RD Wells Autotransformer Pad and Concrete Building
Foundations awarded to Cates, Courtney and Roebuck, Inc. in the amount of $104,610. The
Public Utilities Board recommends approval (4-0).
BID INFORMATION
This bid is to install concrete foundations for one autotransformer and three switchgear buildings
required in the approved Capital Improvements Project, RD Wells Interchange. The contractor is
required to survey, excavate, furnish forms, and install concrete foundations. DME will provide
the concrete, concrete testing, and rebar.
The autotransformer is planned to arrive at the RD Wells Interchange in mid-August 2008 and the
three control house switchgear buildings will arrive beginning in early August. These large and
heavy substation items require that concrete foundations be installed and properly cured prior to
their delivery.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its June 9, 2008 meeting.
RECOMMENDATION
Award to Cates, Courtney and Roebuck, Inc. in the estimated amount of $104,610.
PRINCIPAL PLACE OF BUSINESS
Cates, Courtney and Roebuck, Inc.
Fort Worth, TX
Agenda Information Sheet
June 17, 2008
Page 2
ESTIMATED SCHEDULE OF PROJECT
This project is scheduled to begin in late June with an estimated completion date of July 15,
2008.
FISCAL INFORMATION
This bid will be funded from account 600005488.1360.3530. Requisition 87774 has been
entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Bid Tabulation
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-Bid 4038
BID # 4038
Exhibit 1
DATE: 05/15/08
RD Wells Autotransformer Pad and Concrete Building Foundation
No.DESCRIPTIONVENDORVENDOR
Cates, Courtney & Roebuck,
Canfer Construction
Inc
Principle Place of Business:
Ft. WorthDallas
One Autotransformer
1 $ 65,110.00 $ 85,200.00
Pad
Three Building
2 $ 39,500.00 $ 52,800.00
Concrete Foundations
3Total Base Bid $ 104,610.00 $ 138,000.00
BID BONDYesCashiers Check
Construction can be
completed prior to July YesYes
15, 2008
ORDINANCE NO. _________
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE INSTALLATION OF ONE AUTOTRANSFORMER PAD AND THREE
CONCRETE CONTROL HOUSE BUILDING FOUNDATIONS AT THE RD WELLS
INTERCHANGE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (BID 4038-RD WELLS AUTO TRANSFORMER PAD
AND CONCRETE BUILDING FOUNDATIONS AWARDED TO CATES, COURTNEY AND
ROEBUCK, INC. IN THE AMOUNT OF $104,610.)
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
4038 Cates, Courtney and Roebuck, Inc. $104,610
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. 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 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2008.
______________________________
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: _________________________________
3-ORD-
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 June 9, 2008
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
7 Monday, June 9, 2008 at 9:04 a.m. in the Service Center Training Room, City of Denton Service
8 Center, 901-A Texas Street, Denton, Texas.
9
Present
10 : Chair Charldean Newell, Bill Cheek, Randy Robinson and Bill Grubbs
11
12 Ex Officio Members:
13 George C. Campbell, City Manager
14 Howard Martin, ACM Utilities
15
Absent
16 : Dick Smith, John Baines and Phil Gallivan, all excused
17
18
OPEN MEETING:
19
20
CONSENT AGENDA:
21
22
23 has had an opportunity to raise questions regarding these items prior to consideration.
24
25 3) Consider recommending approval of the proposal from Floyd Smith Concrete, Inc. for
26 construction of the concrete pavement for the compost screening area and the large truck
27 access and turnaround facility in the amount of $253,741.
28
29 4) Consider recommending adoption of an Ordinance of the City of Denton authorizing the City
30 Manager or his designee to execute a purchase order through the Buy Board Cooperative
31 Purchasing Network for the acquisition of a Doosan D160 Pneumatic Tire Forklift for
32 Denton Municipal Electric by way of an Interlocal Agreement with the City of Denton; and
33 providing an effective date (File 4072-Interlocal Agreement for the purchase of Forklift for
34 Denton Municipal Electric awarded to Darr Equipment Co. in the amount of $120,389.72).
35
36 5) Consider recommending approval to award a construction contract for installation of the RD
37 Wells Interchange Autotransformer Pad and Control Building Concrete Foundations, in
38 accordance with the specifications in Bid #4038 to Cates, Courtney & Roebuck, Inc., based
39 in Fort Worth, in the total estimated expenditure amount of $104,610.
40
Board Member Randy Robinson moved to approve Items 3 through 5 with a second from
41
Board Member Bill Grubbs. The motion was approved by a 4-0 vote.
42
43
44 The meeting was adjourned by consensus at 11:00 a.m.
45
AGENDA INFORMATION SHEET
AGENDA DATE:
June 17, 2008Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Mark Nelson349-7702
ACM:
Jon Fortune
SUBJECT
Consider adoption of an Ordinance authorizing the City Manager or his designee to execute a
Professional Services Agreement with the firm of Carter & Burgess, Inc.to provide engineering,
design and construction management services for the Downtown Denton Transit Center;
authorizing the expenditure of funds therefore, and providing an effective date (File 4014in an
amount not to exceed $337,590).
RFSPINFORMATION
In December 2004, the City of Denton received a discretionary earmark in the amount of $3.1
million for the development of a central transit center, bus multimodal facility, in Downtown
Denton. Upon completion, the facility will be transferred to the Denton County Transit
Authority (DCTA) which will operate the facility. The Downtown Denton Transit Center will
serve as the central transfer station for the DCTA fixed route bus system, University of North
Texas shuttle service, DCTA Express Service between Downtown Denton,Lewisville and
Downtown Dallas. The transit center will also provide administrative office space for the DCTA
operations and complement proposed DCTA rail service to Downtown Denton. The facility may
also serve the rural transit provider, SPAN, and intercity bus service (Greyhound). The project
includes renovation of the existing 8,800 square-footCity of DentonFacilities Management
building located at 604 East Hickory,for passenger waiting area, passenger drop off, parking,
and connections to pedestrian and bicycle routes in the central business district.
The proposal submitted by Carter &Burgess, Inc. will include the following tasks:
Assess the existing Facilities Management building for adaptive reuse;
Prepare traffic and circulation maps for bus, automobile and pedestrian routes, traffic
impact analysis;
Provide architectural, landscape, civil, structural, mechanical and electrical engineering
services;
Final construction documents including drawings and specifications for Civil, Landscape,
Architectural, MEP, Structural Fire Protection and Traffic disciplines;
Identify Transit Oriented Development (TOD) opportunities and incorporate into a TOD
framework plan;
Coordinate with stakeholder groups,including the proposed Downtown Denton
Development Plan;
Coordinate with DCTA on existing and proposed bus routes;
Agenda Information Sheet
June 17, 2008
Page 2
RFSPINFORMATION(CONTINUED)
Consideration of future commuter rail services to Downtown Denton;
Provide construction administration services.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Mobility Committee was advised at the May 23, 2008 Mobility Committee meeting that
staff was currently negotiating a contract to provide engineering, planning, design and
construction management servicesfor the proposed Downtown Denton Transit Center.The
Mobility Committee is supportive of the proposed professional services agreement with Carter
and Burgess.
RECOMMENDATION
Approve a professional services agreement with Carter & Burgess, Inc. in an amount not to
exceed $337,590.
PRINCIPAL PLACE OF BUSINESS
Carter & Burgess, Inc.
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
After Council approval, Carter & Burgess, Inc. will be providedtheNotice to Proceed on June
18, 2008 and shall complete final design for the facility by April 30, 2009. Construction will
begin no later than July 31, 2009. Staff anticipates thatconstruction will be completed by May
28, 2010.
FISCAL INFORMATION
The proposed PSA calls for a total amount of $337,590amounting to approximately 11-percent
of the proposed construction cost of $2.6 million. The City of Denton holds a FederalTransit
Administration grant in the amount of $3.109 million. The City of Denton 20-percent match is
$777,423or a total project amount of $3,887,113.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
ORDINANCE NO._____________________
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
A PROFESSIONAL SERVICES AGREEMENT WITH THE FIRM OF CARTER AND BURGESS,
INC. TO PROVIDE ENGINEERING, DESIGN AND CONSTRUCTION MANAGEMENT
SERVICES FOR THE DOWNTOWN DENTON TRANSIT CENTER; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (FILE
4014 IN AN AMOUNT NOT TO EXCEED $337,590).
WHEREAS,
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The City Manager is hereby authorized to enter into a professional service
contract with Carter & Burgess, Inc., to provide professional architectural and related services for the
design of the Downtown Denton Transit Center, a copy of which is attached hereto and incorporated
by reference herein.
SECTION II. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION III. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION IV. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2008.
____________________________
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:_________________________________
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: _________________________________
3-ORD-RFP 4014
RFSP 4014-ARCHITECTURAL AND ENGINEERING SERVICES FOR DESIGN FOR
DOWNTOWN DENTON TRANSIT CENTER
THIS AGREEMENT is made and entered into as of the 17th day of June, 2008, by and
between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East
Carter &
Burgess, Inc., with its corporate office at 7950 Elmbrook Drive, Dallas, Texas 75247-4925, hereinafter
ting herein, by and through their duly authorized representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do mutually
agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas architect or
engineer, as an independent contractor. The Design Professional hereby agrees to perform the services
as described herein and in the Proposal, the General Conditions, and other attachments to this
Agreement that are referenced in Section 3, in connection with the Project. The Project shall include,
without limitation, (describe the Project in the space below or in an attachment)
File 4014-Architectural and Engineering Services for Design for Downtown Denton Transit Center
SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1
For Basic Services the total compensation shall be $337,590.
2.2 REIMBURSABLE EXPENSES
Reimbursable Expenses incurred by the Design Professional, the
Design Professional's employees and consultants in the interest of the Project as defined in the General
Conditions shall not exceed a total of $3,000.00 without the prior written approval of the Owner.
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SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which are attached
hereto and made a part hereof by reference as if fully set forth herein:
1. City of Denton General Conditions to Agreement for Architectural or Engineering Services.
2.
3. Attachments N/A through N/A.
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
BY:__________________________
GEORGE C. CAMPBELL
CITY MANAGER
CITY OF DENTON
215 E. MCKINNEY ST.
DENTON, TX 76201
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: __________________________________
DESIGN FIRM
BY:__________________________
CARTER & BURGESS, INC.
7950 ELMBROOK DR.
DALLAS, TX 75247-4925
WITNESS:
BY: __________________________________
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CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
1.1
The Architect or Engineer's services consist of those services for the Project (as defined in the agre
ign Professional's employees and consultants as
enumerated in
1.2
The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily
exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely
erformed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project.
Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project
proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project.
Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any
adjustments to this schedule shall be mutually acceptable to both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED
scribed in Sections 2.2 through 2.6 of these General Conditions and include
without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of
Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement.
2.2 SCHEMATIC DESIGN PHASE
2.2.1
The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establishthe
requirements for the Project.
2.2.2
The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in
terms of the other, subject to the limitations set forth in Subsection 5.2.1.
2.2.3
The Design Professional shall review with the Owner alternative approaches to design and construction of the Project.
2.2.4
Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall
contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations.
2.2.5
The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and
which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the
commencement to the completion of construction.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1
Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design
Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and
character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply
with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the
Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project.
2.3.2
The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described
in Section 2.2.5.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1
Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget
authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting
forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations.
2.4.2
The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the
Conditions of the contract, and the form of Agreement between the Owner and contractor.
2.4.3
The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements
or general market conditions.
2.4.4
The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental
authorities having jurisdiction over the Project.
2.5 CONSTRUCTION CONTRACT PROCUREMENT
2.5.1
The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost,
shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without
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Center
limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in
the sole discretion of the Owner.
2.5.2
If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable
Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction
Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed
the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
2.6.1
The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract
for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2.
2.6.2
The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionalss the administration
shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be
amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the
Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise
provided in the Agreement.
2.6.3
Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written
agreement of the Owner and Design Professional.
2.6.4
The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from
time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the
Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument.
2.6.5
The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while
construction is not in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner
indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to
each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall
exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any
subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall
promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or
payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the
Owner's rights hereunder.
2.6.6
The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or
failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis-
sions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any
other persons performing portions of the work.
2.6.7
The Design Professional shall at all times have access to the work wherever it is in preparation or progress.
2.6.8
Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor
shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional.
2.6.9
Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional
shall review and certify the amounts due the Contractor.
2.6.10
The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional 's observations at the site as
provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that the
quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents cor-
rectable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a
representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that
the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor
has used money previously paid on account of the Contract Sum.
2.6.11
The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design
Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require
additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or
completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise
to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons
performing portions of the work.
2.6.12
The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and
Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when
completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no
delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to
permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions
and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the
responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions
or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's
approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics
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Center
of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the
materials, systems or equipment will meet the performance criteria required by the Contract Documents.
2.6.13
The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by
the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may
authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent
of the Contract Documents.
2.6.14
On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if
requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related
documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the
requirements of the Contract Documents.
2.6.15
The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements
of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable
promptness and within any time limits agreed upon.
2.6.16
Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall
be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance
by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this
Agreement and in the absence of negligence.
2.6.17
The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and
Contractor relating to the execution or progress of the work as provided in the Contract Documents.
2.6.18
The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages
caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any
rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder.
2.6.19
The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during
the Construction Phase.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1
The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the
Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if
authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond
the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written
approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional
shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if
they are not required due to the negligence or fault of Design Professional.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1
If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project
Representatives to assist in carrying out such additional on-site responsibilities.
3.2.2
Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as
agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1
Making material revisions in Drawings, Specifications or other documents when such revisions are:
1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's
program or Project budget;
2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or
3. due to changes required as a result of the Owner's failure to render decision in a timely manner.
3.3.2
Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except
for services required under Subsection 2.5.2.
3.3.3
Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and
Construction Change Directives.
3.3.4
Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with
the replacement of such work.
3.3.5
Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance
of either the Owner or Contractor under the Contract for Construction.
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3.3.6
Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work.
3.3.7
Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto.
3.3.8
Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection
with bidding or construction prior to the completion of the Construction Documents Phase.
3.3.9
Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
3.3.9.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1
Providing financial feasibility or other special studies.
3.4.2
Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.4.3
Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the
Project.
3.4.4
Providing services relative to future facilities, systems and equipment.
3.4.5
Providing services to investigate existing conditions or facilities or to make measured drawings thereof.
3.4.6
Providing services to verify the accuracy of drawings or other information furnished by the Owner.
3.4.7
Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with
construction performed and equipment supplied by the Owner.
3.4.8
Providing detailed quantity surveys or inventories of material, equipment and labor.
3.4.9
Providing analyses of operating and maintenance costs.
3.4.10
Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities.
3.4.11
Deleted
3.4.12
Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals,
training personnel for operation and maintenance and consultation during operation.
3.4.13
Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related
equipment.
3.4.14
Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty
period of the Contract for Construction.
3.4.15
Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of
Basic Services.
3.4.16
Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural
practice.
3.4.17
Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con-
struction based on marked-up prints, drawings and other data furnished by the Contractor to the Design Professional.
3.4.18
Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Prof
ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1
The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design
constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci-
fically described in Subsection 2.2.1.
4.2
The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies
related to all of these costs.
4.3
If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this
Agreement.
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4.4
The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall
render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential
progress of the Design Professional's services.
4.5
Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written
legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and
structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both
public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark.
4.6
Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may
include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and re-
sistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations.
4.6.1
The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design
Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services.
4.7
When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials,
and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents.
4.8
The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the
Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on
behalf of the Owner.
4.9
The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design
Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional.
4.10
The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with
the Contract Documents.
4.11
Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and
shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require
knowledge or services beyond the scope of the Agreement.
ARTICLE 5 CONSTRUCTION COST
5.1 CONSTRUCTION COST DEFINED
5.1.1
The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional.
5.1.2
The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or
specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con-
tingencies shall be included for market conditions at the time of bidding and for changes in the work during construction.
5.1.3
Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way,
financing or other costs which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1
Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design
Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither
the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over
competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary
from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional.
5.2.2
No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment of a Project budget, unless
such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted
to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be
included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract
for Construction.
5.2.3
If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project
budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission
of the Construction Documents to the Owner and the date on which proposals are sought.
ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS
6.1
The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall
become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such
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Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design
Professional is released from any and all liability relating to their use in that project
6.2
Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication
in derogation of the Design Professional's reserved rights.
ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT
7.1
The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the
terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days
prior written notice to the Design Professional. A
notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No
amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the
Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation
of services on the Project, Design Professional shall cooperate in providing information.
7.2
If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to
notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption
and resumption of the Design Professional's services.
7.3
The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently
abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written
notice.
7.4
Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial non-
performance and cause for termination.
7.5
If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design
Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement.
7.6
In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to
termination.
ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL
8.1 DIRECT PERSONNEL EXPENSE
8.1.1
Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their
mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays,
vacations, pensions and similar contributions and benefits.
8.2 REIMBURSABLE EXPENSES
8.2.1
Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and
Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses.
8.2.1.1
Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications;
and fees paid for securing approval of authorities having jurisdiction over the Project.
8.2.1.2
Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings,
Specifications and other documents.
8.2.1.3
If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates.
8.2.1.4
Expense of renderings, models and mock-ups requested by the Owner.
8.2.1.5
Expense of computer-aided design and drafting equipment time when used in connection with the Project.
8.2.1.6
Other expenses that are approved in advance in writing by the Owner.
8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
8.3.1
Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the
basis set forth in Section 2 of the Agreement and the schedule of work.
8.3.2
If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any
services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement.
8.3.3
When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for
those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the
Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed
estimate of Construction Cost for such portions of the Project.
8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
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8.4.1
Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the
presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred.
8.5 PAYMENTS WITHHELD
No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld
from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible.
8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS
Design Professional shall make available to Owner or Owner's authorized representative records of
Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and
copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is
later.
ARTICLE 9 INDEMNITY
9.1
The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability,
claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without
limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers,
shareholders, agents, or employees in the performance of the Agreement.
9.2
Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein
both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which
defenses are hereby expressly reserved.
ARTICLE 10INSURANCE
During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an
insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best
Rate Carriers of at least an A- or above:
10.1
Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate,
and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate.
10.2
Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property
damage limits of not less than $100,000 for each accident.
10.3
Wot less than $100,000 for each
accident including occupational disease.
10.4
Deleted
10.5
The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time
of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an ad
Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or
o Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the
change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10.
ARTICLE 11 MISCELLANEOUS PROVISIONS
11.1
The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County,
Texas.
11.2
The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to
the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its
interests in the Agreement without the written consent of the Owner.
11.3
The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the
Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or
agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the
Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is
reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized,
such documents shall be given priority in the following order:
1. The executed Agreement
2. Attachments referenced in Section 3 of the Agreement other than the Proposal
3. These General Provisions
4. The Proposal
11.4
Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design
Professional.
11.5
Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs
of the extels shall not include the Owner's
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confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confi-
dential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project.
11.6
Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such
responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants.
11.7
All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing
same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein.
All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing.
11.8
If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the
remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such
stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.
11.9
The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they
may now read or hereinafter be amended during the term of this Agreement.
11.10
In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex,
national origin or ancestry, age, or physical handicap.
11.11
The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement.
11.12
"Any delays in or failure of performance by Design Professional or Owner, other than the payment of money, shall not constitute default hereunder if and to the
extent such delays or failures of performance are caused by occurrences beyond the reasonable control of Owner or Design Professional, as the case may be, including
but not limited to, acts of God or the public enemy; compliance with any order or request of any governmental authority; fires, floods, explosion, accidents; riots, strikes
or other concerted acts of workmen, whether direct or indirect; or any causes, whether or not of the same class or kind as those specifically named above, which are not
within the reasonable control of Owner or Design Professional respectively. In the event that any event of force majeure as herein defined occurs, Design Professional
shall be entitled to a reasonable extension of time for performance of its services under this Agreement".
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CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmenta
This questionnaire reflects changes made to the law by H.B. 1491.
OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a
person doing business with the governmental entity.
Date Received
By law this questionnaire must be filed with the records adminis
later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person violates Section 176.0
offense under this section is a Class C misdemeanor.
Name of person who has a business relationship with local govern
1
2
Check this box if you are filing an update to a previously filed
th
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later tha business
day after the date the originally filed questionnaire becomes in
3
Name of local government officer with whom filer has an employmerelationship.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be cnt or other business
relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A.Is the local government officer named in this section receiving come, from the
filer of the questionnaire?
Yes No
B.Is the filer of the questionnaire receiving or likely to receive taxable income,
local government officer named in this section AND the taxable i
Yes No
C.Is the filer of this questionnaire employed by a corporation or ent officer
serves as an officer or director, or holds an ownership of 10 pe
Yes No
D. Describe each affiliation or business relationship.
4
Signature of person doing business with the governmental entityDate
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AGENDA INFORMATION SHEET
AGENDA DATE:
June 17, 2008Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Emerson Vorel 349-8274
ACM:
Jon Fortune
SUBJECT
Consider adoption of an Ordinance authorizing the City Manager or his designee to execute a
Professional Services Agreement with the firm of Carter & Burgess, Inc. to provide architectural
design services for the update of the existing Comprehensive Parks, Recreation and Open Space
Master Plan for the City of Denton; authorizing the expenditure of funds therefor, and providing
an effective date (File 4069 in an amount not to exceed $109,800).
CONTRACT INFORMATION
Carter & Burgess, Inc. will provide professional planning and landscape architectural design
services for the update of the existing Comprehensive Parks, Recreation and Open Space Master
Plan for the City of Denton. Carter & Burgess, Inc. has prepared a scope of work based upon a
meeting on April 25, 2008 with City staff. At that meeting, City staff also requested that a Trail
Master Plan be added to the Master Plan. The Professional Services Agreement is included as an
attachment to the ordinance.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Parks Advisory Board approved this item at its June 2, 2008 meeting.
RECOMMENDATION
Approve a Professional Services Agreement with Carter & Burgess, Inc. to provide professional
planning and architectural design services in an amount not to exceed $109,800.
PRINCIPAL PLACE OF BUSINESS
Carter & Burgess, Inc.
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
The updates to the Master Plan are scheduled to be completed and delivered to the City of
Denton no later than October 2008.
Agenda Information Sheet
June 17, 2008
Page 2
FISCAL INFORMATION
This item will be funded from account 400001.6545. Requisition 87731 has been entered in the
purchasing software system.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-File 4069
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
A PROFESSIONAL SERVICES AGREEMENT WITH THE FIRM OF CARTER & BURGESS,
INC. TO PROVIDE ARCHITECTURAL DESIGN SERVICES FOR THE UPDATE OF THE
EXISTING COMPREHENSIVE PARKS, RECREATION AND OPEN SPACE MASTER PLAN
FOR THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR,
AND PROVIDING AN EFFECTIVE DATE (FILE 4014 IN AN AMOUNT NOT TO EXCEED
$109,800).
WHEREAS, The professional services
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to enter into a professional service
contract with Carter & Burgess, Inc., to provide professional architectural and related services for the
update of the existing Comprehensive Parks, Recreation and Open Space Master Plan, a copy of
which is attached hereto and incorporated by reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2008.
______________________________
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:_________________________________
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: _________________________________
3-ORD-RFP 4069
AGENDA INFORMATION SHEET
AGENDA DATE:
June 17, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Bruce Henington 349-8134
ACM:
Jon Fortune
SUBJECT
Consider approval of an ordinance of the City of Denton, Texas providing for, authorizing, and
approving the expenditure of funds for the purchase of a Liebert 30 ton air cooled system for the
Technology Services Computer Room, which is available from only one source in accordance
with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting
such purchases from the requirements of competitive bidding; and providing an effective date
(File 4073-Purchase of Air Conditioning Unit for Technology Services Computer Room awarded
to Liebert Corporation/Tech Plan, Inc. in the amount of $59,375).
FILE INFORMATION
The replacement of the Technology Services Computer Room Liebert HVAC unit was approved
for replacement in the 2007-2008 budget year. The existing 20-ton unit is twenty-four years old,
undersized, and has required repairs more frequently as it gets older. The replacement Liebert
unit is 30-tons and is intended to lower operation cost and increase efficiency and dependability.
The Liebert brand specializes in data center cooling and is required to maintain control
compatibility with the older unit that will remain in place. Data processing equipment is very
temperature sensitive. At 78°, operations become a concern and at 82°, systems must be shut
down on a priority basis.
Chapter 252 of the Texas Local Government Code exempts from the competitive bid process,
those supplies and resources protected by copyright or patent and available from only one
source. Liebert Corporation/Tech Plan, Inc. is the only known source of Liebert equipment,
parts, and factory service; therefore this is considered a sole source acquisition.
RECOMMENDATION
Award to Liebert Corporation/Tech Plan, Inc. in the amount of $59,375.
PRINCIPAL PLACE OF BUSINESS
Liebert Corporation/Tech Plan, Inc.
Plano, TX
Agenda Information Sheet
June 17, 2008
Page 2
ESTIMATED SCHEDULE OF PROJECT
Installation is estimated to be completed by the end of August to mid-September.
FISCAL INFORMATION
This item will be charged to account 100134454.1365.40100. Requisition 87813 has been
entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Quote from Liebert Corporation/Tech Plan, Inc.
Exhibit 2: Sole Source Letter
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-File 4073
Exhibit 1
Exhibit 2
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF A LIEBERT 30 TON AIR COOLED SYSTEM FOR THE
TECHNOLOGY SERVICES COMPUTER ROOM, WHICH IS AVAILABLE FROM
ONLY ONE SOURCE IN ACCORDANCE WITH THE PERTINENT PROVISIONS
OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING
SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING;
AND PROVIDING AN EFFECTIVE DATE (FILE 4073-PURCHASE OF AIR
CONDITIONING UNIT FOR TECHNOLOGY SERVICES COMPUTER ROOM
AWARDED TO LIEBERT CORPORATION/TECH PLAN, INC. IN THE AMOUNT
OF $59,375).
WHEREAS, Section 252.022 of the Local Government Code provides that
procurement of items that are only available from one source, including; items that are
only available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility
purchases; captive replacement parts or components for equipment; and library materials
for a public library that are available only from the persons holding exclusive distribution
rights to the materials; need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items
mentioned in the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as
Purchasing Agent,
and the license terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
4073 Liebert Corporation/Tech Plan Inc. $59,375
SECTION 2. The acceptance and approval of the above items shall not constitute
a contract between the City and the person submitting the quotation for such items until
such person shall comply with all requirements specified by the Purchasing Department.
SECTION 3. The City Manager is hereby authorized to execute any contracts
relating to the items specified in Section 1 and the expenditure of funds pursuant to said
contracts is hereby authorized.
SECTION 4. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the _________ day of ____________, 2008.
______________________________
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ______________________________
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: _________________________________
3-ORD-File 4073
AGENDA INFORMATION SHEET
AGENDA DATE:
June 17, 2008Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Tom Shaw 349-7133
ACM:
Jon Fortune
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a three year
contract for the purchase of temporary employment services for various City of Denton
departments for the City of Denton; providing for the expenditure of funds therefor; and
providing an effective date (Bid 4058Three Year Contract for Temporary Employment Services
awarded to Express Employment Professionals in the annual estimated amount of $200,000 for
an estimated three year total of $600,000).
BID INFORMATION
This bid is for temporary employment services to be utilized by various City departments on an
as needed basis. This includes not only office/clerical positions but also field positions such as
refuse collection.
RECOMMENDATION
Award to the lowest overall most responsible bidder, Express Employment Professionals. The
actual expenditure amount by line item varies depending upon department need and staffing
levels.
PRINCIPAL PLACE OF BUSINESS
Express Employment Professionals
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
This is a thirty-six month contract, effective from date of award or notice to proceed as
and approval by
the vendor, the contract may be renewed for three (3) additional one-year periods with all pricing
remaining the same; unless there is an increase in the minimum wage.
Agenda Information Sheet
June 17, 2008
Page 2
FISCAL INFORMATION
This item will be funded by the individual departments utilizing the temporary services on an as
needed basis.
EXHIBITS
Exhibit 1: Bid Tabulation
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-Bid 4058
ORDINANCE NO. __________
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A THREE YEAR
CONTRACT FOR THE PURCHASE OF TEMPORARY EMPLOYMENT SERVICES FOR
VARIOUS CITY OF DENTON DEPARTMENTS FOR THE CITY OF DENTON; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE
(BID 4058THREE YEAR CONTRACT FOR TEMPORARY EMPLOYMENT SERVICES
AWARDED TO EXPRESS EMPLOYMENT PROFESSIONALS IN THE ANNUAL ESTIMATED
AMOUNT OF $200,000 FOR AN ESTIMATED THREE YEAR TOTAL OF $600,000).
WHEREAS, the City 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 and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; 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 bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID
NUMBER VENDOR AMOUNT
4058 Express Employment Professionals Exhibit A
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. 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 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2008.
______________________________
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _________________________________
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: _________________________________
3-ORD-Bid 4058
Exhibit A
BID # 4058
DATE: June 3, 2008
Three-Year Contract for Temporary Employment Services
ITEMDESCRIPTIONVENDOR
Express Employment
Professionals
Principle Place of Business:
Denton
Temporary Worker
Varied number of employees and hours per
1$11.04
week.
Cost to City $________ per hour
Temporary Driver
Varied number of employees and hours per
2$13.80
week.
Cost to City $________ per hour
Optional Adder
3$1.00
Vendor provides all safety equipment for each
temporary worker/driver.
AGENDA INFORMATION SHEET
AGENDA DATE: June 17, 2008
DEPARTMENT: Transportation Operations
ACM: Howard Martin, 349-8232
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, approving and authorizing the
establishment of minimum standards for self fueling of aircraft utilizing tenant self-operated fuel
farms at the Denton Municipal Airport; and providing an effective date. Airport Advisory Board
recommends (5-0).
BACKGROUND
Airport Staff was directed by the AAB to develop a recommended policy for non-retail self
fueling operations at the Denton Airport, which would grant the right of a lessee to build and
operate a fuel farm on the Airport. Airport Staff has reviewed NFPA 407 and the Airport
Compliance Handbook on setting minimum standards as well as Advisory Circular (AC) NO:
150/190-7, which also addresses setting minimum standards for aeronautical activities. Staff
also conducted a survey of comparable airports and the policies they have in place. The results of
this survey have been attached for your review as Exhibit 2. The survey demonstrates that self
fueling is not encouraged or has not been an issue at the surveyed airport. Airport Management
conferred with the City of Denton Risk Management to ensure appropriate insurance and
bonding requirements are met to protect the City of Denton and the Denton Airport.
Airport Management proposed requirements for self fueling have been incorporated into a draft
ordinance and have been attached as Exhibit 1. The proposed requirements include minimums
for fuel flowage per year (gallons), tank size, insurance requirements, programs to be established
and laws that would need to be complied with. This policy will b
Airports Minimum Development Standards. Airport Management is currently reviewing and
revising the Development Guidelines to better address the caliber of development the Airport is
now experiencing. The Advisory Board recommended approval of the proposed ordinance at the
May 14, 2008, 5-0.
ESTIMATED SCHEDULE OF PROJECT
Ordinance will become effective immediately and self-fueling requirements will be incorporated
into Airport Minimum Development Standards.
PRIOR ACTION/REVIEW
The Airport Advisory Board reviewed and recommended approval of the standards 5-0 at the
May 14, 2008 Airport Advisory Board Meeting.
1
RECOMMENDATION
Airport Management recommends approval of the proposed requirements for self fueling
operations as outlined in Exhibit 1.
FISCAL INFORMATION
N/A
EXHIBITS
1. Ordinance
2. Airport Survey
3. Airport Board Minutes, May 14, 2008
Respectfully submitted:
_______________________________
Tim E. Whitman, Airport Manager
2
s:\our documents\ordinances\08\airport self-fuel ordinance.doc
ORDINANCE NO. ________________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND
AUTHORIZING THE ESTABLISHMENT OF MINIMUM STANDARDS FOR SELF-
FUELING OF AIRCRAFT UTILIZING TENANT SELF-OPERATED FUEL FARMS AT THE
DENTON MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Airport Advisory Board desires to establish Minimum Standards for
self-fueling of aircraft via lease owned and operated fuel farms at the Denton Municipal Airport
( Airport ); and
WHEREAS, the Airport Advisory Board has recommended that an ordinance be ratified
establishing rules and regulations under which a tenant at the Airport may lease property from
the City of Denton and construct and operate a fuel farm for the purpose of fueling their own
aircraft for non-retail use only and on the day indicated herein and approved by the City Manager
or his designee; and
WHEREAS, the City Council deems it in the public interest to approve and establish said
ordinance; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated
by reference into the body of this Ordinance as if fully set for
SECTION 2. Tenants at the Denton Municipal Airport are hereby authorized to enter
into lease agreements with the City of Denton to construct and operate a fuel farm for the
purpose of fueling their own aircraft for non-retail use only under the conditions approved by the
City Manager or his designee thereto subject to compliance with all applicable local, state and
federal laws, including without limitation, the following additional conditions:
1.Tenant must demonstrate the purchase of a minimum of 96,000 gallons of fuel per year
through a bill of lading.
2.Said fuel farm shall have a minimum of one 10,000 gallon above g
3.A fuel flowage fee of 6% of wholesale fuel purchase price shall be paid to the Denton
Municipal Airport on a monthly basis.
4.Tenant must provide to Airport Management evidence of $2,000,000 General Liability
insurance to include coverage for Premises/Operations, Products/Completed Operations,
Contractual Liability, and Independent Contractors.
5.Tenant must provide to Airport Management $1,000,000 Environmental Impairment
Liability insurance and Environmental Spill insurance or bond.
Page 1 of 2
6.Tenant must provide a Storm Water Prevention Plan (SWPP) and Spill Prevention
Containment Control (SPCC) program at tenants cost. Said plan shall be reviewed and
approved by Airport Management.
7.Tenant and said fuel farm must comply with all current and future state, local, and federal
laws, rules, and regulations for handling and displacing aviation fuel in compliance with
NFPA 407 (for fuel farm and truck).
8.On the tenant insurance policies, tenant must indemnify the City of Denton against any
and all liability and name the City of Denton as an Additional Insured.
9.Tenant must meet with the City of Denton Fire Marshal and Airport Management prior to
any action to ensure placement of fuel farm, so as not impede future development.
10.The minimum payment of fuel flowage must be equal to 6% of wholesale cost of 96,000
gallons, which must be met within two years and subsequent years or be in default.
Should the tenant default, the City of Denton shall have the option to have and hold the
property free and clear and the tenants environmental spill insurance or bond shall be
utilized to address any and all environmental compliance issues.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _______ day of ___________________
______________________________
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _________________________________
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: _________________________________
AIRPORT ADVISORY BOARD
1
May 14, 2008
2
3
4After determining that a quorum was present, the Airport AdvisorRegular Meeting on
5Wednesday, May 14, 2008 at 5:30 p.m. in the Denton Airport Termi
6Airport Road, Denton, Texas.
7
BOARD MEMBERS PRESENT
8: Chairman Mr. Woolfolk, Vice Chairman Dr. Smith, Mr. Brewer, Mr
9Eames, and Dr. Kristoferson.
10
BOARD MEMBERS ABSENT
11: Excused Absent Mr. Clark and Mr. Brown
12
STAFF MEMBERS PRESENT
13: Mark Nelson, Director of Transportation, Tim Whitman, Airport
14and Andrea Bax, Operations Coordinator.
15
PUBLIC PRESENT:
16 Jeff Soules, US Aviation Group, Mark Taylor, US Aviation Group,
17Business Air Center, Valerie Williamson, Longhorn Helicopters, I
18
ITEMS FOR INDIVIDUAL CONSIDERATION
19
20
21III. Receive a report, hold a discussion and make a recommendation to
22a policy for non-retail self fueling operations at the Denton Airport.
23
24Mr. Whitman stated that staff was directed to bring back a recomr non-retail self fueling
25operations at the Denton Airport. A survey was completed on comp
26survey suggests that it is allowed but many airports do not want
27high standards to prevent it. Advisory Circulars state that it is required to allow self
28required to lease property for a fuel farm. Airport Management h
29ensure environmental compliance of all operators.
30
31Airport Management
321. 96,000 gallons fuel flowage per year
332. 10,000 gallon fuel farm above ground
343. Fuel flowage fee of 6%.
354. Must provide $2,000,000 products liability insurance.
365. Must provide $1,000,000 Environmental Impairment Liability insurance.
376. Must provide their own SWPP and SPCC program at their own expens
387. Must provide environmental spill insurance or bond.
398. Must comply with all current and future state, local, and federa
40displacing aviation fuel in compliance with NFPA 407 (For fuel farm and truck).
419. Must indemnify the City of Denton against any liability on their
4210. Must meet with Fire Marshal and Airport Management to ensure pla
43that it does not impede future development.
4411. Should the lessee default, the City of Denton shall have the opt
45
46to address any and all environmental compliance issues.
47
48Mr. Whitman has spoken with risk management to confirm the insur
49City of Denton and the Airport are responsible for any fuel farm
50
51Dr. Smith asked if there was a minimum square footage requirement. Mr. Whitman responded with no.
52Dr. Kristoferson asked about the 6% fuel flowage fee and how tha
AIRPORT ADVISORY BOARD MINUTES
MAY 14, 2008
PAGE 2
1requirements were not met. Mr. Whitman stated that they would lo
2that the requirements need to be realistic and also that these reco
3
4Mr. Whitman stated that most airports that were surveyed were ag
5environmental concerns. He also stated that the Airport is settig a standard for the future.
6
7Mr. Brewer stated that the minimum tank requirement of 10,000 ga
8have to use 80% of the tank and then fill up or that it could be
9increments. He also asked about what will happen if the requirements were not met. Mr. Whi
10that whatever is decided on this issue would be included in the
11short of the requirements for two consecutive years, they would ight to self fuel. Dr.
12Kristoferson stated that he was concerned that if the lease defa
13fuel farm.
14
15
16set with fueling tanks and will restrict small operators to have this p
17
18Dr. Kristoferson asked what the difference between #5 and #7 is.
19could get a bond if you cannot find someone to write an environmolicy. Dr.
20Kristoferson asked to combine #5 and #7. Mr. Whitman agreed.
21
22Dr. Smith agrees with #8 and stated that the Airport needs to se
23from being all over the Airport.
24
25Mr. Whitman stated that when the Airport gets Part 139 certified, the FAA will be inspecting all fuel
26farms on the airfield and will require the Airport to deal with
27requirements.
28
29The fuel flowage fee set at 6% is the current rate on the airfieoes not meet 96,000
30gallons fuel flowage per year within one year there will be a pe
31is not met within two years the leasee will forfeit the right to
32
33Dr. Smith motioned for amendment of item 11. It should be added that the minimum payment of fuel
34flowage must be equal to 6% of wholesale cost of 96,000 gallons
35and subsequent years or be in default. Mr. Eames seconded.
36
Motion carried 5-0
37
38
39Dr. Smith motioned for approval of the proposed requirements with the amendment of item 11. Mr.
40Eames seconded.
41
Motion carried 5-0
42
43
AGENDA INFORMATION SHEET
AGENDA DATE: June 17, 2008
DEPARTMENT: Transportation Operations, Airport
ACM: Howard Martin, 8232
SUBJECT
Consider approval of a resolution expressing on behalf of the City of Denton, an interest in
participating in a grant offer from the Texas Department of Transportation (TxDOT) to fund an
Airport Business Plan relating to the Denton Municipal Airport; demonstrating that the City of
Denton has requisite matching funds in the amount of $50,000.00; confirming agreement to pay
a portion of the total project costs; and providing an effective date. (Airport Advisory Board
recommends approval, 5-0).
BACKGROUND
Airport Business Plans are designed to review an airports financial performance, economic
development, operational efficiency, market niche and work in conjunction with the Airports
Master Plan. While the Airport Master Plan guides the general direction and scope of airport
development, there is a need to demonstrate how the Airport fits
economic environment, its competitive environment and its own market niche. The analysis will
review these issues as well as new revenue and marketing opportunities.
TxDOT, Aviation has initiated grant opportunities for select airports to fund business plans. This
initiative will assist TxDOT in future project selection by identifying projects that may better
enhance a specific airports opportunity to become more financially self-sufficient and/or better
enhance the Texas Airport System Plan with timely infrastructure projects at specific airports.
The TxDOT funded business plans will include a financial planning analysis, assessment of
business/economic development opportunities and recommendation of a strategic course of
action to pursue development opportunities. The Business Plan will examine revenues and
expenditures and five-year capital improvement programs. Strategic planning for market niche
fit, development of unused airport property, management of structure changes and other methods
will be used to examine the potential for enhancing revenues at
impact of the airport, with and without recommended changes, wil
TxDOT agrees with Airport Management that a Business Plan for the Denton Airport is an
essential tool that will benefit the Airport and TxDOT in forecasting future markets and
economic environment, as well as evaluating competing airports. TxDOT has requested that the
City of Denton submit a resolution of intent demonstrating the Citys desire to request a grant in
the amount of $100,000 for a business plan grant in FY 2009 and designate a project
representative prior to consideration by the Texas Transportation Commission (TTC). The Citys
match will be fifty-percent or $50,000 for the project. This project was discussed as part of the
Airport Financial Management plan during the January 2008 City Council Retreat. Per City
Council and Airport Board recommendation, Airport Gas Well Revenues have been identified
for the local match for the proposed grant project.
1
ESTIMATED SCHEDULE OF PROJECT
TxDOT, Aviation has targeted the August 28, 2008 TTC meeting for consideration of the grant.
If approved by the TTC, TxDOT will forward a formal airport grant agreement for City Council
consideration in September.
PRIOR ACTION/REVIEW
The Airport Advisory Board recommends approval 5-0. The City Council has identified this
project to be funded with Gas Well funds as part of the January 2008 Council Retreat. The City
Attorney has reviewed and approved the proposed resolution.
FISCAL INFORMATION
The resolution outlines the intent of the City of Denton to participate in fifty-percent of the
estimated project costs of $100,000. Total City of Denton costs are estimated at $50,000.
EXHIBITS
1.Draft Resolution
2.Certification of Project Funds
3.Draft Airport Board Minutes, June 4, 2008
Respectfully submitted:
_____________________________
Tim E. Whitman, Airport Manager
2
DRAFT MINUTES
AIRPORT ADVISORY BOARD
JUNE 4, 2008
After determining that a quorum was present, the Airport Advisory Board convened for a
Regular Meeting on Wednesday, June 4, 2008 at 5:35 p.m. in the Denton Airport Terminal
Building at the Denton Airport at 5000 Airport Road, Denton, Texas.
BOARD MEMBERS PRESENT: Chairman Mr. Woolfolk, Vice Chairman, Dr. Smith, Mr.
Brewer, Mr. Eames, and Dr. Kristoferson.
BOARD MEMBERS ABSENT: Excused Absent Mr. Clark, and Mr. Brown
STAFF MEMBERS PRESENT: Andrea Bax, Operations Coordinator
Julie Mullins, Administrative Assistant
PUBLIC PRESENT: Jeff Soules, US Aviation Group, Mark Taylor, US Aviation Group, Bill
Lindsey.
ITEMS FOR INDIVIDUAL CONSIDERATION
III. Make a recommendation to City Council to consider approval
the Texas Department of Transportation (TxDOT) Administration of the City of Dentons
intent to make certain improvements to the Denton Airport and its intention to request
financial assistance for these improvements and naming TxDOT as its agent for the
purposes of applying for, receiving and disbursing all funds for these improvements and
for the administration of contracts necessary for the implementation of these
improvements and hereby directs the City Manager to execute on behalf of the CITY OF
DENTON, at the appropriate time, and with the appropriate author
governing body, all contracts and agreements with the State of Texas, represented by
TxDOT, and such other parties as necessary and appropriate for the implementation of
the improvements to the DENTON AIRPORT.
Ms. Bax reported that this is a Business Plan for the Denton Airport to be completed in
2009. The amount of the Grant from (TxDOT) is $50,000 and will be a 50/50 Grant. A
Business Plan is a survey of what the Airport can be and what the direction the Airport is
heading. Ms. Bax has talked with other airports and some have already gone through this
process. Airport staff has talked with TxDOT about the survey a
year forecast. The resolution will be used to show our intent for the Business Plan to
TxDOT.
Don Smith made a motion to approve the resolution. Mr. Brewer seconded the
motion.
Dr. Smith stated that the Airport needs an accurate economic forecast and economic
analysis than the usual master plan would provide.
AIRPORT ADVISORY BOARD MINUTES
JUNE 4, 2008
PAGE 2
Mr. Woolfolk commented that we will be able to see what has happened on one side of the
Airport and the Business Plan will give us a picture of what the west side of the Airport will
look like.
Dr. Kristoferson said that this is a re-occurring theme; the Airport Administration does
not want to address the Ground Lease Reversion Clauses because of the financial impact
it would be on the Business Plan. Dr. Kristoferson commented that the Airport Advisory
Board should not wait until the Business Plan is completed.
Motion carried 5-0
AGENDA INFORMATION SHEET
AGENDA DATE: June 17, 2008
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232
________________________________________________________________
SUBJECT
Consider the approval of an ordinance approving an Ingress/Egress Easement by and between
the City of Denton, Texas, as grantor and Oncor Electric Delivery Company, LLC, as grantee,
regarding a 0.046 acre tract of land located in the Myers, Johnson, Brummet and Greene Survey,
Abstract No. 1699, City of Denton, Denton County, Texas; providing an effective date. The
Public Utilities Board recommends approval (4-0).
BACKGROUND
The City of Denton currently owns a 1.33 acre tract of land along the southern boundary of Jim
Christal Road on which the Jim Christal Electric Substation is located and operated by Denton
Municipal Electric (DME). Oncor Electric Delivery Company LLC is in contract to purchase a
tract of land south of DMEs substation, and is requesting an Ingress and Egress Easement across
the Citys property in order to gain access to the property. The tract under contract for purchase
by Oncor is an interior lot, with minimal alternatives for access. The requested easement area is
located outside of the eastern fence of the electric substation, and will not have access within the
actual substation site.
As compensation for the easement, DME and Oncor have negotiated an equitable settlement.
DME has plans to construct a new transmission line from the Denton West Interchange to the
RD Wells Interchange. This alignment will have a conflict with an Oncor transmission line, and
modifications will need to be made to the Oncor line in order to facilitate the preferred placement
of the DME transmission line. Oncor has agreed to absorb the costs for changes that normally
would have been charged to DME as payment for the ingress and egress easement.
RECOMMENDATION
Staff recommends adoption of the Ingress/Egress Easement.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
DRC Review May 23, 2008 (DRC Project Number RUA08-0003)
Public Utilities Board Review June 9, 2008
FISCAL INFORMATION
Not applicable
EXHIBITS
1.Location Map
2.Transmission Crossing Location Map
3.Copy of Ingress/Egress Easement
4.Copy of Ordinance
5.Minutes
Respectfully submitted,
Phil Williams
General Manager
Electric Administration
Prepared by
Chuck Sears
Engineering Administrator
Doreen Blackstone
Right of Way Agent
ORDINANCE NO. 2008-_______
AN ORDINANCE APPROVING AN INGRESS AND EGRESS EASEMENT BY AND
BETWEEN THE CITY OF DENTON, TEXAS, AS GRANTOR, AND ONCOR
ELECTRIC DELIVERY COMPANY LLC, AS GRANTEE, REGARDING A 0.046
ACRE TRACT OF LAND LOCATED IN THE MYERS, JOHNSON, BRUMMET AND
GREENE SURVEY, ABSTRACT NO. 1699, IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS, PROVIDING AN EFFECTIVE DATE.
th
WHEREAS, on the 9 day of June, 2008 the Public Utilities Board considered
this transaction and recommended approval thereof by a vote of ___ to ___; and
WHEREAS, the City Council finds that approval of an Ingress and Egress
Easement to Oncor Electric Company LLC ( Oncor ) which is more particularly
reperesented in Exhibit A attached hereto and made a part hereof by reference (the
Easement ) is in the public interest; and
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herewith by reference.
SECTION 2. The Ingress and Egress Easement from the City of Denton, Texas, as
Grantor to Oncor Electric Delivery Company LLC., as Grantee, a copy of which
easement is attached hereto as Exhibit A and incorporated herewith by reference, is
hereby approved and the City Manager or his designee is hereby authorized to execute
said Easement on behalf of the City of Denton, Texas.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this ___ day of , 2008.
_________________________________
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
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APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By:
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1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 June 9, 2008
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
7 Monday, June 9, 2008 at 9:04 a.m. in the Service Center Training Room, City of Denton Service
8 Center, 901-A Texas Street, Denton, Texas.
9
10 Present: Chair Charldean Newell, Bill Cheek, Randy Robinson and Bill Gr
11
12 Ex Officio Members:
13 George C. Campbell, City Manager
14 Howard Martin, ACM Utilities
15
16 Absent: Dick Smith, John Baines and Phil Gallivan, all excused
17
18
19 OPEN MEETING:
20
21 CONSENT AGENDA:
22 The Public Utilities Board has received background information, staffs recommendations, and
23 has had an opportunity to raise questions regarding these items prior to consideration.
24
25 1)Consider recommending approval of an Ingress and Egress Easement between the City of
26 Denton, a municipal corporation, as grantor, and Oncor Electric Delivery Company LLC, as
27 grantee, regarding a 0.046 acre tract of land located in the Myers, Johnson, Brummet and
28 Greene Survey, Abstract No. 1699, City of Denton, Denton County, Texas.
29
30 2)Consider recommending approval of a proposed Development Agreement between the City
31 of Denton, Texas and the Rayzor Ranch Development pertaining to the Rayzor Ranch
32 project.
33
34 6) Consider recommending approval of a resolution re-appointing a member to the Board of
35 Directors of Texas Municipal Power Agency, a Joint Powers Agency representing the City of
36 Denton, Texas; and declaring an effective date.
37
38 Board Member Randy Robinson moved to approve Items 1, 2 and 6 wi
39 Board Member Bill Grubbs. The motion was approved by a 4-0 vote
40
41 The meeting was adjourned by consensus at 11:00 a.m.
42
CITY OF DENTON CITY COUNCIL MINUTES
May 6, 2008
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, May 6, 2008 at 5:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, Montgomery, Thomson, and Watts.
ABSENT: None
1.Requests for clarification of agenda items listed on the agenda
Staff responded to requests for clarification of the following agenda items:
City Manager Campbell indicated that Item 3F was not for retroactive approval.
Council Member Watts questioned the disparity in the bids as noted in the PUB minutes
for Item G. Frank Payne, City Engineer, stated that the consultant had checked out the
contractor who was familiar with the type of pipe needed, etc.
Council Member Montgomery requested that Item D be pulled for separate consideration.
Mayor McNeill questioned Item H and the rejected low bidder due to poor performance.
Tim Fisher, Division Manager-Water, stated the low bid did not meet specifications and
prior performance was not quality work.
Council Member Thomson questioned the length of time for event in Item L and that the
1:00 a.m. time frame was only in the event of bad weather. Janie McLeod, Special
Events Coordinator, stated that if there were bad weather and the start of the event had to
be delayed, the event would go until 1:00 a.m. Council Member Thomson indicated he
would pull the item for separate consideration.
Mayor McNeill indicated that Item 4D had been pulled at the request of the applicant.
2.The Council received a report, held a discussion, and gave staff direction regarding the
proposed 2008 Action Plan for Housing and Community Development.
Barbara Ross, Community Development Administrator, stated that the Action Plan detailed the
Departments activities on how the allocated money would be spent. The process required
public participation and at the regular meeting, a public hearing would be held to receive
additional comments on the Plan.
Jody Vicars-Nance, Chair-Human Services Advisory Committee, pres
recommendations. Twenty applications had been received which the Committee reviewed in 2-3
days of in-depth study. After presentations by the applicants to the committee, the proposals
were ranked.
Ed Touraine, Chair-Community Development Advisory Committee, stated that their process was
similar to the Human Services Advisory Committee. He detailed the agencies receiving funds,
noting that Denton Affordable Housing would not be receiving funds are they still had unused
funds from other years. Fair Haven was allocated $116,000 for a better roof.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider the specific items listed below under the Closed Meeting section of this agenda.
City of Denton City Council Minutes
May 6, 2008
Page 2
1.Closed Meeting:
A. DELIBERATIONS REGARDING REAL PROPERTY Under Texas
Government Code Section 551.072.
1. Discussed, deliberated, and received information from Staff, and provided
Staff with direction, pertaining to the possible location of, the purchase
price of, and valuation issues respecting the possible acquisition of an
approximate two-and-a-half (2.5) acre tract of real property by the City of
Denton, Texas/City of Denton Municipal Utilities Department for a public
purpose; which real property lies within the Asa Hickman Survey,
Abstract No. 521, City of Denton, Denton County, Texas, and is located
East of the Kansas City Southern Railway, South of the Denia Park area.
B. Consultation with Attorney Under Texas Government Code Section 551.071.
1. Consulted with the Citys attorneys to discuss legal issues associated with
Citys biodiesel program.
C. Deliberation regarding personnel matters Under Texas Government Code
Section 551.074.
1. Considered the appointment and employment of an Interim City Attorney.
Regular Meeting of the City of Denton City Council on Tuesday, May 6, 2008 at 6:30 p.m. in the
Council Chambers at City Hall.
1.PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2.PROCLAMATIONS/PRESENTATIONS
A.Proclamations/Awards
1.Resolution of Appreciation for Martha Edmundson
Eva Poole, Director of Libraries, read the Resolution of Appreciation for Martha Edmundson.
Mulroy motioned, Heggins seconded to approve the resolution. On roll vote, Heggins aye ,
Kamp aye , Montgomery aye , Mulroy aye , Thomson aye , Watts aye , and Mayor
McNeill aye . Motion carried unanimously.
Ms. Poole also presented Ms .Edmundson with a service plaque.
Mayor McNeill presented the proclamations for Motorcycle Safety and Awareness Month and
Drinking Water Week in Denton
City of Denton City Council Minutes
May 6, 2008
Page 3
2.Presentation of the GFOA Distinguished Budget Award and recognition
of staff members.
Brian Langley, Director of Finance, presented the award to the Council and introduced the
Finance staff.
3.Recognition of Gary P. Hayes Memorial Award presented to Denton
Police Chief Roy Minter, Jr.
Mayor McNeill read the award received by Chief Minter and congratulated him on this honor.
3. CONSENT AGENDA
Mayor McNeill reviewed the items to be considered on the Consent
Council Member Thomson requested that Item L be pulled for separate consideration.
Council Member Montgomery requested that Item D be pulled for separate consideration
Robert Donnelly spoke on Item O regarding recycling containers.
Mulroy motioned, Heggins seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of Item D and L. On roll vote, Heggins aye ,
Kamp aye , Montgomery aye , Mulroy aye , Thomson aye , Watts aye , and Mayor
McNeill aye . Motion carried unanimously.
Item L was considered.
Council Member Thomson expressed a concern for the neighborhood
1:00 a.m. if the weather were bad. He felt it was too late. He suggested changing the time to no
music after midnight or next time be aware that this was not a popular thing in the neighborhood.
Council Member Watts asked how the event had been done in previous years.
Janie McLeod, Special Events Coordinator, stated that this was the second year for this request.
The request was granted last year for the same 1:00 a.m. time frame for bad weather This was the
same type of request that the North Texas State Fair was granted.
Council Member Watts asked if there were complaints about the noise.
McLeod stated that there were very few last year and the event went to 1:00 a.m.
Deputy Mayor Pro Tem Mulroy felt it was hard to change the request at this late date and
encouraged the event planner to look forward to next year and perhaps shorten the time closer to
midnight.
Thomson motioned, Kamp seconded to approve the request with subsequent applications to
consider other time frames. On roll vote, Heggins aye , Kamp
Mulroy aye , Thomson aye , Watts aye , and Mayor McNeill aye
unanimously.
City of Denton City Council Minutes
May 6, 2008
Page 4
Item D was considered.
Council Member Montgomery noted that this request was routine in nature but within the request
was an Eaton new system specifically designed to move large trucks with Peterbilt trucks. This
was good for energy conservation.
Montgomery motioned, Thomson seconded to adopt the ordinance. O
Kamp aye , Montgomery aye , Mulroy aye , Thomson aye , Watts aye , and Mayor
McNeill aye . Motion carried unanimously.
A.2008-088 - An ordinance accepting competitive bids and awarding a contract for
the purchase of 69kV and 138kV instrument transformers for Denton Municipal
Electric; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3981Purchase of 69kV and 138kV Instrument Transformers
awarded to the lowest responsible bidder meeting specification for each line item
in the total initial expenditure amount of $119,401 for identified substation project
requirements). The Public Utilities Board recommended approval (4-0).
B.2008-089 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of gang operated air break switches for Denton
Municipal Electric; providing for the expenditure of funds therefor; and providing
an effective date (Bid 3983Annual Contract for the Purchase of Gang Operated
Air Break Switches awarded to the lowest responsible bidder meet
specification for each line item total estimated annual expenditure amount of
$110,000). The Public Utilities Board recommended approval (4-0
C.2008-090 - An ordinance authorizing the City Manager to execute change order
number one to the contract between the City of Denton and Jagoe-Public
Company; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3708Change Order Number One for an additional one year
term in the estimated amount of $1,875,000).
D.2008-091 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Houston-Galveston Area
Council (H-GAC) and Buy Board Cooperative Purchasing Network for
acquisition of five vehicles for the City of Denton Solid Waste Department by
way of an Interlocal Agreement with the City of Denton; and providing an
effective date (File 4031Interlocal Agreement for the purchase of Solid Waste
Vehicles awarded to multiple vendors as listed on Exhibit A in the amount of
$574,321.42). The Public Utilities Board recommended approval (4-0).
E.2008-092 - An ordinance authorizing the financing of fleet vehicles for the City of
Denton Solid Waste Department through a lease purchase financing agreement;
providing for the expenditure of funds therefor; and providing an effective date
(File 4012Third Party Lease Purchase of Vehicles, approximate finance charges
of $48,846 for 60 months).
F.2008-093 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a professional services agreement for engineering services in
support of the Citys capital improvement plan related to approved electrical
City of Denton City Council Minutes
May 6, 2008
Page 5
power system construction projects for Denton Municipal Electric with Ballard
CLC (in an amount not-to-exceed $150,000); providing for retroactive approval;
authorizing the expenditure of funds therefor; and providing an effective date.
The Public Utilities Board recommended approval (4-0).
G.2008-094 - An ordinance accepting competitive bids and awarding a public works
contract for the construction of the Roselawn Drive 24-Inch Wate
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3971Roselawn 24-Inch Water Line awarded to the lowest responsible
bidder meeting specification, Fox Contractors Inc., in the amount of
$1,104,582.64). The Public Utilities Board recommended approval (4-0).
H.2008-095 - An ordinance accepting competitive bids and awarding a public works
contract for the repainting of the High School Elevated Water Tank; providing for
the expenditure of funds therefor; and providing an effective date (Bid 3945High
School Water Tower Repaint awarded to the lowest responsible bidder meeting
specification, J.R. Stelzer Company, in the amount of $949,467).
Utilities Board recommended approval (4-0).
I.2008-096 - An ordinance of the City of Denton, Texas authorizing
expenditure of funds for payments by the City of Denton for electrical energy
transmission fees to American Electric Power (AEP) for providing
transmission services to the City of Denton; and providing an effective date (File
40152009 Electrical Energy Transmission FeesAmerican Electric Power in the
total amount of $105,911). The Public Utilities Board recommended approval
(4-0).
J.2008-097 - An ordinance of the City of Denton, Texas authorizing
expenditure of funds for payments by the City of Denton for electrical energy
transmission fees to Lower Colorado River Authority (LCRA) for providing
energy transmission services to the City of Denton; and providing an effective
date (File 40162009 Electrical Energy Transmission FeesLower Colorado
River Authority in the total amount of $651,762). The Public Utilities Board
recommended approval (4-0).
K.2008-098 - An ordinance of the City of Denton Texas, approving an interlocal
agreement between the City of Denton and the Denton County Transportation
Authority (DCTA) for the construction and purchase of the Downtown Denton
Transit Center, and declaring an effective date. The Mobility Committee
recommended approval (2-0).
L.Approved a request for an exception to the Noise Ordinance for the purpose of a
music festival, the 2nd Annual Summer Showdown, sponsored by the North
Texas State Fair Association located at 2217 N. Carroll Blvd. The event was to
be held on Saturday, June 14, 2008, beginning at 9:00 a.m. and c
a.m. The exception was specifically requested for extension of the hours of
operation for amplified sound.
City of Denton City Council Minutes
May 6, 2008
Page 6
M.Approved a request for an exception to the Noise Ordinance for the purpose of
playing music and operating a public address system during the Juneteenth
Celebration. The celebration was sponsored by the Juneteenth Com
event will be located in the Fred Moore Park on Friday, June 20, 2008, beginning
at 6:00 p.m. and concluding at 11:00 p.m., and on Saturday, June 21, 2008,
beginning at 11:00 a.m. and concluding at midnight. In addition, this year the
th
event will also include live music concerts in the park on Saturday, June 14 and
th
June 28 from 6:00 p.m. until 11:00 p.m. This request was for an exception to the
hours of operation and for an increase in sound decibels to 75 decibels for each
evening concert.
N.Approved the minutes of:
April 1, 2008
April 8, 2008
O.R2008-018 - A resolution of the City Council of the City of Denton, Texas
authorizing the filing of a project application with the North C
Council of Governments for a Regional Solid Waste Program - Loca
Implementation Project; delegating and authorizing George C. Campbell, City
Manager, or his designate, to act on behalf of the city in all other matters that are
related to this project application, pledging that if funding for this project is
received, the City of Denton, Texas will comply with all project requirements of
the North Central Texas Council of Governments, the Texas Commission on
Environmental Quality, and the State of Texas, and providing for an effective
date.
4. PUBLIC HEARINGS
A.The Council held a public hearing inviting citizens to comment on the City of
Dentons 2008 Action Plan for Housing and Community Development.
Barbara Ross, Community Development Administrator, stated that this was an opportunity for
residents to comment on the proposed action plan.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Eddy Garcia - Denton City-County Day Care thanked the Council for the support.
Patrice Lyke urged support for all of the packages but specifically for the sidewalk
package.
The Mayor closed the public hearing.
No action was required by the Council as this item was to receive public comments.
City of Denton City Council Minutes
May 6, 2008
Page 7
B.The Council held a public hearing and considered adoption of an ordinance
providing for an amendment to the Comprehensive Plan for approxi
located north of University Drive and west of Masch Branch Road, from an Employment
Centers land use designation to an Industrial Centers land use designation. The subject site
was located within a Rural Residential (RD-5) zoning district. The Planning and Zoning
Commission recommended approval (7-0). (CA07-0001, Marriott Garden Addition)
Deputy Mayor Pro Tem Mulroy left the meeting with a conflict of interest.
Mark Cunningham, Director of Planning and Development, presented the details of the proposal
for Items B and C. The first item was for a proposed comprehensive plan amendment with the
second item being a request for a rezoning amendment. To do the rezoning, the comprehensive
plan amendment had to be approved. Item B was a request to amen
employment center land use to an industrial center land use designation and to rezone the
property from DR-5 to Industrial Center-General. The property was located north of University
Drive and west of Masch Branch Road. Staff recommended denial of both proposals. The
proposed zoning would allow light and heavy manufacturing in the middle of an employment
center. A zoning change to EC- Commercial or EC- Industrial would limit certain uses and be
more compatible with the surrounding zoning. The current road to the site was substandard for
width and structure with no plans to bring the street up to collector standards. Staff was
recommending that the comprehensive plan amendment and the rezoning be denied. The
Planning and Zoning Commission recommended approval.
Mayor Pro Tem Kamp asked for a summary of why the Commission approved the proposals.
Cunningham stated that the Commission felt the comprehensive plan was a dream sheet that
could change over time. Staff did not look at it in that manner.
Mayor Pro Tem Kamp asked what uses would be allowed if the zoning were changed.
Cunningham stated that the zoning category would be Industrial Center-General. Staff was
recommending Employment Center zoning which would allow 24 of the current uses by right
with 7 current uses being non-conforming. Of the 34 units at the location, 21 were currently
vacant. Also, an additional problem was the lift station problem as it was near capacity.
The Mayor opened the public hearing for both Items B and C.
Patricia Adams, 2281 Masch Branch Road, Denton, 76207 - spoke in
The Mayor closed the public hearings.
Council debated several issues concerning the proposed comprehensive plan amendment and
rezoning including the concern with the lift station, the issuance of certificates of occupancy for
new tenants, whether certificates of occupancy could be issued for non-conforming uses, whether
the property owner would be penalized if the zoning were not changed as new uses might have a
problem obtaining a certificate of occupancy, the fact that the Planning and Zoning Commission
recommended approval while the staff was recommending denial, and the time frame for vacant
non-conforming uses.
City of Denton City Council Minutes
May 6, 2008
Page 8
Montgomery motioned, Thomson seconded to approve Item B as recommended by the Planning
and Zoning Commission. On roll vote, Heggins nay , Kamp nay , Montgomery aye ,
Thomson aye , Watts nay , and Mayor McNeill aye . Motion fai
Kamp motioned, Heggins seconded to table the item to a date certain until more information was
available.
Mayor McNeill stated that the public hearings for both items should be continued at that time.
Kamp motioned, Heggins seconded for reconsideration of Item B. On roll vote, Heggins aye ,
Kamp aye , Montgomery aye , Thomson aye , Watts aye , and Mayor McNeill aye .
Motion carried unanimously.
Kamp motioned, Heggins seconded to postpone Items B and C to the June 3, 2008 City Council
meeting and reopen the public hearings at that time. On roll vote, Heggins aye , Kamp aye ,
Montgomery aye , Thomson aye , Watts aye , and Mayor McNeill
unanimously.
C.The Council held a public hearing and considered adoption of an ordinance
providing for initial zoning for approximately 33 acres from a Rural Residential (RD-5) zoning
district to an Industrial Center General (IC-G) zoning district. The subject site was located north
of University Drive and west of Masch Branch Road. The Planning and Zoning Commission
recommended approval (7-0). (Z07-0001, Marriott Garden Addition)
The public hearing for this item was held with Item B and was continued to the June 3, 2008
meeting.
Deputy Mayor Pro Tem Mulroy returned to the meeting.
D.The Council held a public hearing and considered adoption of an ordinance
amending the Rayzor Ranch Special Purpose Overlay District encompassing approximately 410
acres of land and generally located on both sides of U.S. Highway 380 (West University Drive),
between Interstate Highway 35 and Bonnie Brae Street with consideration being given to
amending the development standards for the Rayzor Ranch Overlay District as well as
establishing additional development standards applicable to this Overlay District (including
architectural design); amending Chapter 35, Subchapter 7 of the City of Denton Code of
Ordinances, Denton Development Code , Special Purpose and Over
section 35.7.13 Rayzor Ranch Overlay District ; providing a severability clause; providing 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 recommended denial (3-2).
AC.
SUPERMAJORITY VOTE BY OUNCIL IS REQUIRED FOR APPROVAL
This item was withdrawn from consideration.
E.The Council held a public hearing and considered adoption of an ordinance
approving a Specific Use Permit (SUP) to allow a drive through associated with a pharmacy on
approximately 2.184 acres of land, generally located at the southwest corner of Hickory Creek
Road and Teasley Lane (F.M. 2181). The property was within a Neighborhood Residential
City of Denton City Council Minutes
May 6, 2008
Page 9
Mixed Use (NRMU) zoning district. The Planning and Zoning Commission recommended
approval (5-0). (S07-0016, Hickory Creek Center/Salvo Center)
Mark Cunningham, Director of Planning and Development, reviewed the details of the proposal.
Both staff and the Planning and Zoning Commission recommended approval. The proposal was
consistent with the future land use of the property and was in compliance with the
Comprehensive Plan and the Development Code. There would be no
residential property. The drive through traffic would be away from the right-of-way and any
light would be internal to the development.
The Mayor opened the public hearing.
The following individuals submitted comment cards:
Sam Neathery, 3313 Lighthouse Drive, Denton, 76210 opposed
Theresa Trahan, 3313 Lighthouse Drive, Denton, 76210 - opposed
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2008-099
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC
USE PERMIT TO ALLOW A DRIVE THROUGH ASSOCIATED WITH A
PHARMACY ON APPROXIMATELY 2.184 ACRES OF LAND, GENERALLY
LOCATED AT THE SOUTHWEST CORNER OF HICKORY CREEK ROAD AND
TEASLEY LANE (F. M. 2181), AND LEGALLY DESCRIBED AS LOT 1, BLOCK A
OF THE HICKORY CREEK CENTER ADDITION, IN 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. (S07-0016)
Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins aye , Kamp
aye , Montgomery aye , Mulroy aye , Thomson aye , Watts aye , and Mayor McNeill
aye . Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A.The Council considered adoption of an ordinance on first reading, annexing by
consent tracts of land consisting of approximately 484.84 acres, contiguous and adjacent to the
City of Denton, generally located on the west side of Locust Street and south of Milam Road;
approving a service plan for the annexed property; providing a s
effective date. The Planning and Zoning Commission recommended approval (7-0). (A07-0006,
Hills of Denton North Annexation)
Mark Cunningham, Director of Planning and Development, stated that this proposed annexation
of 484 acres had been before Council with two previous public hearings.
City of Denton City Council Minutes
May 6, 2008
Page 10
The following ordinance was considered:
FIRST READING
AN ORDINANCE ON FIRST READING, ANNEXING BY CONSENT TRACTS OF
LAND CONSISTING OF APPROXIMATELY 484.84 ACRES, CONTIGUOUS AND
ADJACENT TO THE CITY OF DENTON, GENERALLY LOCATED ON THE WEST
SIDE OF LOCUST STREET AND SOUTH OF MILAM ROAD; APPROVING A
SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins aye , Kamp
aye , Montgomery aye , Mulroy aye , Thomson aye , Watts aye , and Mayor McNeill
aye . Motion carried unanimously.
B.The Council considered adoption of an ordinance approving the appointment and
employment of an Interim City Attorney; and providing an effecti
The following ordinance was considered:
NO. 2008-100
AN ORDINANCE APPROVING THE APPOINTMENT AND EMPLOYMENT OF AN
INTERIM CITY ATTORNEY; AND PROVIDING AN EFFECTIVE DATE
Thomson motioned, Kamp seconded to appoint John Knight as interim City Attorney effective
July 1, 2008 until a permanent City Attorney was hired. On roll vote, Heggins aye , Kamp
aye , Montgomery aye , Mulroy aye , Thomson aye , Watts aye , and Mayor McNeill
aye . Motion carried unanimously.
C. Council considered nominations/appointments to the Citys Boa
Commissions.
Mayor McNeill indicated he did not have a nomination at this time.
D. Citizen Reports
1. Council reviewed the procedures for addressing the City Council.
2.Council received citizen reports from the following:
A.Ross Melton regarding code enforcement and the constitution.
Mr. Melton was not present.
City of Denton City Council Minutes
May 6, 2008
Page 11
B.Cody Eastwood regarding cell phone usage in school zones.
Mr. Eastwood was not present.
C.Carolyn Phillips regarding a traffic signal at Woodrow Lane and Morris
Street.
Ms. Phillips spoke on the need for a traffic signal at Woodrow Lane and Morse Street. She felt
there was a need in order to turn out from Morse onto Woodrow Lane.
D.David Smith regarding freeway traffic flow on I-35.
Mr. Smith spoke on the traffic flow on I35. He felt the basic problems with traffic were due to
congestion which was due to poor design. He suggested changing the flow of the traffic ramps.
E.Robert Donnelly regarding government transparency and accountability.
Mr. Donnelly spoke on the zoning of the landfill which indicated that there was to be no retail
services in that zoning category except for a gas station. The city should not be having retail
sales there. He also felt that the Trakit system was an excellent tool to view development issues.
th
On April On 24 he had brought a concern on a project to the citys attention as it was noted on
th
Trakit and on April 28 the information was deleted. He questioned why the information
deleted.
E. New Business and Announcements
The following items were suggested by Council for future agendas:
Deputy Mayor Pro Tem Mulroy requested a follow-up on Ms. Phillips concerns.
Council Member Watts asked for a report on the need for a traffic signal at Wheeler
Ridge and Teasley.
Council Member Watts requested a joint meeting with the Economic Development
Partnership Board.
Council Member Watts suggested the formation of a Charter committee to address term
limits of council members.
Mayor Pro Tem Kamp suggested the development of a spay/neutering ordinance for
animals.
Council Member Heggins suggested an arrow signal on Bell and Prairie.
Council Member Montgomery stated that Denton County had three iron bridges they
needed to move and suggested the City look for a location for the bridges.
Mayor McNeill stated that he had attended a ceremony in Denton where 189 people from 46
countries became U. S. citizens.
F. City Managers Report
City Manager Campbell did not have any items for Council.
City of Denton City Council Minutes
May 6, 2008
Page 12
G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the Closed Meeting.
H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 9:13 p.m
_______________________
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
May 13, 2008
After determining that a quorum was present, the City Council convened in Special Called
Closed Meeting on Tuesday, May 13, 2008 at 3:30 p.m. in the City Council Work Session Room
at City Hall, 215 E. McKinney Street, Denton, Texas to consider the items listed below.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, Montgomery, Thomson, and Watts.
ABSENT: None
A. Consultation with Attorney Under Texas Government Code Section 551.071.
1.Received, considered and held a discussion related to a briefing from Citys
Attorneys, relating to claims, potential claims, and settlement
pertaining to JNC Partners Denton, LLC v. City of Denton, including legal advice
related to future annexation, zoning, subdivision controls, plat applications,
annexation plans, development agreements, annexation agreements, service plans,
utility service, water rights, permitting and other legal issues
development of land, as proposed by JNC Partners Denton, LLC.
2.Considered and discussed litigation styled Tower v. City of Denton, Civil Action
No. 4:05cv302, currently pending in the U.S. District Court, Eastern District,
Sherman Division.
Following the completion of the Closed Session, the Council convened in Open Session to
consider the following:
1. The Council considered adoption of an ordinance of the City of Denton, Texas approving
a compromise settlement agreement in pending litigation styled Cary Tower v. City of Denton,
Texas, Civil Action No. 4:05-cv-302, filed in the United States District Court, Eastern District of
Texas, Sherman Division; authorizing the City Manager and the Citys attorneys to act on the
Citys behalf in executing any and all documents, and to take other actions necessary to finalize
the settlement; authorizing the expenditure of funds therefor; and declaring an effective date.
The following ordinance was considered:
NO. 2008-101
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A
COMPROMISE SETTLEMENT AGREEMENT IN PENDING LITIGATION STYLED
CARY TOWER V. CITY OF DENTON, TEXAS, CIVIL ACTION NO. 4:05-CV-302,
FILED IN THE UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF
TEXAS, SHERMAN DIVISION; AUTHORIZING THE CITY MANAGER AND THE
CITYS ATTORNEYS TO ACT ON THE CITYS BEHALF IN EXECUTING ANY
AND ALL DOCUMENTS, AND TO TAKE OTHER ACTIONS NECESSARY TO
FINALIZE THE SETTLEMENT; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND DECLARING AN EFFECTIVE DATE.
City of Denton City Council Minutes
May 13, 2008
Page 2
Thomson motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins aye ,
Kamp aye , Montgomery aye , Mulroy aye , Thomson aye , Watts aye , and Mayor
McNeill aye . Motion carried unanimously.
2. The Council considered adoption of an ordinance of the City Council of the City of
Denton, Texas calling a public hearing of the Denton City Council on land use assumptions,
water and wastewater capital improvements plans, and a proposed
related to the possible adoption of amended water and wastewater impact fees in accordance with
Chapter 395 of the Texas Local Government Code; requiring the City Secretary to post notice of
the public hearing and to provide additional notice of the public hearing as set forth in the body
of this ordinance; and providing an effective date.
The following ordinance was considered:
NO. 2008-102
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
CALLING A PUBLIC HEARING OF THE DENTON CITY COUNCIL ON LAND
USE ASSUMPTIONS, WATER AND WASTEWATER CAPITAL IMPROVEMENTS
PLANS, AND A PROPOSED AMENDMENT TO IMPACT FEES RELATED TO THE
POSSIBLE ADOPTION OF AMENDED WATER AND WASTEWATER IMPACT
FEES IN ACCORDANCE WITH CHAPTER 395 OF THE TEXAS LOCAL
GOVERNMENT CODE; REQUIRING THE CITY SECRETARY TO POST NOTICE
OF THE PUBLIC HEARING AND TO PROVIDE ADDITIONAL NOTICE OF THE
PUBLIC HEARING AS SET FORTH IN THE BODY OF THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins aye , Kamp
aye , Montgomery aye , Mulroy aye , Thomson aye , Watts aye , and Mayor McNeill
aye . Motion carried unanimously.
3. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas
Open Meetings Act.
Heggins motioned, Kamp seconded to terminate the citys agreements with Biodiesel Industries
and authorize the citys attorneys, including outside counsel, to pursue any and all remedies
available to the city through litigation or otherwise. On roll vote, Heggins aye , Kamp aye ,
Montgomery aye , Mulroy aye , Thomson aye , Watts aye , and Mayor McNeill aye .
Motion carried unanimously.
Watts motioned, Mulroy seconded that the tolling agreement betwe
extended to August 18, 2008. On roll vote, Heggins aye , Kamp aye , Montgomery aye ,
Mulroy aye , Thomson aye , Watts aye , and Mayor McNeill aye
unanimously.
With no further business, the meeting was adjourned at 4:29 p.m.
City of Denton City Council Minutes
May 13, 2008
Page 3
_________________________________
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
_________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
May 20, 2008
The City of Denton City Council convened in the Work Session Room on Tuesday, May 20,
2008 at 5:30 p.m. to attend a reception honoring City Council.
After determining that a quorum was present, the City of Denton City Council convened in a
Special Called Meeting on Tuesday, May 20, 2008 at 6:30 p.m. in the Council Chambers at City
Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, Montgomery, Thomson, and Watts.
ABSENT: None
1.Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2.The Council considered adoption of an ordinance canvassing the returns and declaring
the results of the Regular Municipal Election to elect two City Council Members and the Mayor
held in the City of Denton on May 10, 2008; declaring that no candidate received the majority of
votes cast for Place 7 (Mayor) and that a runoff election is ordered to be held on Saturday, June
14, 2008; and providing an effective date.
Jennifer Walters, City Secretary, read into the official record the final vote total for Place 5 and 6
noting that Pete Kamp had received a majority of the votes in Place 5 and Joe Mulroy had
received a majority of the votes in Place 6. She also noted that a runoff election would be
needed for Place 7.
The following ordinance was considered:
NO. 2008-103
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE
RESULTS OF THE REGULAR MUNICIPAL ELECTION TO ELECT TWO CITY
COUNCIL MEMBERS AND THE MAYOR HELD IN THE CITY OF DENTON ON
MAY 10, 2008; DECLARING THAT NO CANDIDATE RECEIVED THE MAJORITY
OF VOTES CAST FOR PLACE 7 (MAYOR) AND THAT A RUNOFF ELECTION IS
ORDERED TO BE HELD ON SATURDAY, JUNE 14, 2008; AND PROVIDING AN
EFFECTIVE DATE.
Heggins motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins aye ,
Kamp aye , Montgomery aye , Mulroy aye , Thomson aye , Watts aye , and Mayor
McNeill aye . Motion carried unanimously.
3.The Council considered adoption of an ordinance canvassing the returns and declaring
the results of the Special Municipal Election to elect one City Council Member to District 2 of
the City Council of the City of Denton, Texas held in the City of Denton on May 10, 2008; and
providing an effective date.
City of Denton City Council Minutes
May 20, 2008
Page 2
Jennifer Walters, City Secretary, read into the official record
for District Two, noting that Rudy Moreno had received a majority of the votes.
The following ordinance was considered:
NO. 2008-104
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE
RESULTS OF THE SPECIAL MUNICIPAL ELECTION TO ELECT ONE CITY
COUNCIL MEMBER TO DISTRICT 2 OF THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS HELD IN THE CITY OF DENTON ON MAY 10, 2008; AND
PROVIDING AN EFFECTIVE DATE.
Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins aye , Kamp
aye , Montgomery aye , Mulroy aye , Thomson aye , Watts aye , and Mayor McNeill
aye . Motion carried unanimously.
4.Oath of Office administered to newly elected Council Members.
Jennifer Walters, City Secretary, administered the oath of office to Pete Kamp, Place 5; Joe
Mulroy, Place 6, and Rudy Moreno, District Two.
5.The Council considered approval of Resolution of Appreciation for Council.
Mayor McNeill read a Resolution of Appreciation for Bob Montgomery. Kamp motioned,
Mulroy seconded to approve the resolution. On roll vote, Heggins aye , Kamp aye , Mulroy
aye , Thomson aye , Watts aye , and Mayor McNeill aye . Motion carried unanimously.
With no further business, the meeting was adjourned at 6:50 p.m.
_______________________________
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
_______________________________
JENNIFER WALTERS
CITY SECRETARY
CITY SECRETARY
AGENDA INFORMATION SHEET
AGENDA DATE:
June 17, 2008
DEPARTMENT:
Finance
ACM:
Jon Fortune
SUBJECT
Consider approval of a resolution by the City Council of the City of Denton relating to the
issuance of bonds by North Texas Higher Education Authority, Inc.; approving the
issuance of such additional bonds and the use of the proceeds of such bonds; and making
certain findings in connection therewith; and providing an effective date.
BACKGROUND
The North Texas Higher Education Authority, Inc. (NTHEA) was established as a
non-profit corporation for the purpose of furthering educational opportunities of students
by providing funds for the acquisition of student loans. The Cities of Arlington and
Denton exercise the powers enumerated under Section 53B.47 of the Texas Education
Code and the Cities appoint the directors of the Authority. Under Section 53B.47 the
Authority may issue revenue bonds or borrow money to provide funds for the purchase of
student loans guaranteed under provisions of the Higher Education Act of 1965, as
amended. The City of Denton is not financially obligated in any way. The Authority
The Authority issued its first revenue bonds for such purpose in 1979.
The Authority last came to you in March 2008 for approval of up to $95 million in taxable
student loan revenue bonds and up to $60 million in tax-exempt student loan revenue
bonds. The proceeds were to be utilized to refund maturing bond financings and acquire
issue the bonds; however, to date the problems in the credit markets have prevented issuing
these bonds. In order to continue its program, the Authority is taking measures to obtain
additional tax-exempt and taxable funds from any sources available.
NTHEA is request to be added to the $95
million previously approved for a total of $100 million. It also requests approval of up to
$85 million of tax-exempt bonds to be used to refinance certain outstanding bonds to be
separated into a new indenture.
In addition, NTHEA is requesting authorization to apply for $100 million in traditional
Private Activity Bond allocation. It is separate from the $200 million in Carryforward
allocation the Council approved in March 2008. The City has previously approved the
Agenda Information Sheet
June 17, 2008
Page 2
PRIOR ACTION/REVIEW (Crouncil, Boards, Commissions)
Since 1979 Council has approved resolutions to issue NTHEA student loan revenue bonds.
FISCAL INFORMATION
There is no fiscal impact to the City of Denton.
EXHIBITS
Memo from NTHEA
Certificate of Secretary
Resolution
Respectfully submitted:
Bryan Langley
Director of Finance
North Texas Higher Education Authority, Inc.
Higher Education Servicing Corporation
1250 East Copeland Road Suite 200 Arlington, TX 76011 (817) 265-9158
M E M O R A N D U M
TO: Mayor and Council
City of Denton
FROM: North Texas Higher Education Authority, Inc.
DATE: June 9, 2008
SUBJECT: Request for Approval for Issuance of Taxable and Tax-Exempt
Student Loan Revenue Bonds
As you know, the North Texas Higher Education Authority, Inc. (N
law to obtain approval from its sponsoring cities for issuances
secondary market program activities. The Authority last came to you in March 2008 for approval of
up to $155 million in student loan revenue bonds, $95 million in taxable bonds and $60 in tax-
exempt bonds. The proceeds of these issuances were to be utilized to refund maturing bond
financings and acquire student The Authority still
intends to issue the bonds; however, to date the problems in the credit markets have prevented
issuing these bonds. In order to continue its program, the Auths to obtain
additional tax-exempt and taxable funds from any sources available. Therefore,
presented to the City Council for consideration at the June 17 meeting requests approval of taxable
bond issuance of $5 million to be added to the $95 million previously approved for a total of $100
million. It also requests approval of up to $85 million of tax-exempt bonds to be used to refinance
certain outstanding bonds to be separated into a new indenture.
A third request is for issuance of up to $100 million in traditional Private Activity Bond
allocation. This request is being made because many entities are having difficulty issuing bonds,
and there could be allocation available that would otherwise go unused. It is separate from the
$200 million in carryforward allocation the Council approved in March. Should the Authority obtain
an adequate amount of traditional Private Activity Bond allocation, there would be no need to apply
for the carryforward funds.
In March, the City also approved issuance of student loan revenue bonds or other
obligations, in one or more series, in an amount not to exceed $ million. It is still the intention of
the Authority to issue these bonds
Assurance Corporation. However, this refinancing does not provide new funding for purchases.
In summary, the resolution presented to the Council requests the
Issuance of up to $5 million in taxable bonds for purchases of loans
Issuance of up to $85 million in tax-exempt refunding bonds to refinance currently
outstanding tax-exempt bonds into a new indenture
Authorization to apply for up to $100 million in traditional Private Activity Bond
Allocation and to issue the bonds associated therewith.
You may be interested to know that over the past twelve months, NTHEA has acquired
loans aggregating approximately $459 million. At the present time, funding sources are
very limited; therefore, we are exploring all available options to ensure that obligations to the
participating lenders are met
Should you have any questions or require further information, pl
Kathryn Bryan, Executive Director and Assistant Secretary
North Texas Higher Education Authority, Inc.
1250 East Copeland Road, Suite 200
Arlington, TX 76011-4921
(817) 265-9158 Ext. 4103
City of Denton memo 2
s:lo�r documentslresolurionslp8lnti�ea res 2008 additional bonds.doc
2. The attached resoIution is a hue and correct copy af the origina.Z,resolu#ion
on file in the offcia.l records of the City of Denton, Texas, The duly qualified and acting
mem�ers of #he City Council of tlxe City of Denton, Texas, on the date of the aforesaid Council
meeting are those persons above named; and according to the records flf my office, each member
of the City Council was given advance notice of the time, pIace and. purpose of the meeting, and
that said meeting and de�iberation of the aforesaid public bttsiness was open to the public, and
written notice of said meeting, inclucling the subject of fhe entitled resolurion, was posted and
gi��n in advance thereof, in compl�ance witg t}�e provisions of Chapter 551, Texas Government
Code.
IN WITNESS THEREOF, I have hereunto signed my name off�cia.ily and affi�ed
the seal of said City, this the c�ay of 20pg.
n
Jennzfer Walters, City Secretary
City of D�nton, Texas
(Sea�)
50082132.1 2
AGENDA INFORMATION SHEET
AGENDA DATE: June 17, 2008
DEPARTMENT: Planning and Development Department
ACM: Fred Greene
(Inspiration)
SUBJECT MPC07-0001
Hold a public hearing and consider the adoption of an ordinance of the City of Denton, Texas,
for a zoning change from a Agriculture (A), Industrial Center General (IC-G), Neighborhood
Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use
Employment (CM-E), and Planned Development 138 (PD-138) zoning districts to the Inspiration
Master Planned Community (MPC) zoning district classification and use designation; the area
for zoning change encompasses 3,331 acres of land located on both sides of I-35W between
Robson Ranch Road and Vintage Boulevard and is legally described as certain tracts of land in
the E. Pizono Survey, Abstract Number 1269, G. Pettingale Survey, Abstract Number 1041, J.
Taft Survey, Abstract Number 1269, G. West Survey, Abstract Number 1393, B.B.B. & C.
Railroad Company Survey, Abstract Number 158, S. Pritchett Survey, Abstract Number 1021
and the McCutchin Lands known as Pilot Knob Ranch in the City of
Texas, providing for a penalty in the maximum amount of $2,000.00 for violations thereof,
severability and an effective date. The Planning and Zoning Commission recommends approval
(7-0).
BACKGROUND
Applicant: Larry Reichhart Grapevine, TX
The applicant is requesting a Master Planned Community (MPC) zoning district on a large,
primarily undeveloped tract of land in the far southwest area of
proposing to develop the approximately 3,331 acre site with a mi
commercial and open space/recreational uses. The proposed zoning plan depicts approximately
2,846.2 acres of residential development and 484.2 acres of mixed use development. The Master
Planned Community will include schools, trails, parks, ponds and
A maximum of 11,914 single family dwelling units and 3,408 multi-family dwelling units are
being proposed. The average single family density will be 4.5 units per acre and the ratio of
single family to multi-family units will be 77.8% to 22.2% (the ratio is based on maximum
densities allowed within each zoning district). A higher densit
proposed near the intersection of I-35W and Allred Road in addition to other community and
neighborhood mixed use centers.
The applicant held a neighborhood meeting on Tuesday, March 25, 2008 at Fire Station
No. 7 located on Vintage Blvd near the subject site. Approximate
Robson Ranch community were in attendance. Concerns of the resid
are reflected in letters from three of the attendees (Exhibit 13). A list of the citizens in
attendance is included in Exhibit 13.
A second neighborhood meeting was held at Robson Ranch on April , 2008.
Approximately 250 citizens were in attendance. Concerns of the Robson Ranch residents
expressed at the meeting included traffic on Robson Ranch Road, lack of a buffer
between Robson Ranch and the proposed single family development
development, the location of the proposed elementary school and park adjace
Robson Ranch and the location of the multi-family zoning along Robson Ranch Road.
Two hundred twelve (212) courtesy notices were sent to addresses
subject property and seventy five (75) certified letters were se
within 200 hundred feet of the subject site advising the surrounding neighb
owners of the Planning and Zoning Commission public hearing. To , a total of six (6)
responses neutral to the MPC zoning, seven (7) responses in favo
and twenty seven (27) responses in opposition to the request wer These
numbers includes all responses received to date. Property owner
within 200 feet of the subject site and within the Denton City L as follows:
In opposition - 21
In support -2
Neutral to the request 3
These responses are illustrated in Exhibit 12 Notification Map.
Property owners in opposition to the MPC request represent less
within 200 feet of the subject site (Exhibit 12). The majority of the opposition letters are
from Robson Ranch residents. There are 34 single family lots (approximately 2,465 linear
feet) within the Robson Ranch community that abut the Inspiratio
On April 23, 2008, the Planning and Zoning Commission voted to recommend approval
of the Inspiration MPC (7-0) with conditions which address the concerns of the Robson
Ranch residents. The applicant is in agreement with the proposed
include the following:
The relocation of the elementary school shown adjacent to the Robson Ranch
property.
The relocation of a private park shown adjacent to the Robson Ra
The relocation of some of the proposed multi-family development along Robson
Ranch Road.
Residential lots within the Inspiration MPC and adjacent to the Robson Ranch
property will be the same size or larger than those within Robso
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
1.July 11, 2007 Planning and Zoning Commission Work Session
2.August 8, 2007 Planning and Zoning Commission Work Session on Planning Issues
3.August 22, 2007 Planning and Zoning Commission Work Session
2
4. March 26, 2008 Planning and Zoning Commission Work Session
5. April 23, 2008 Planning and Zoning Commission Public Hearing
6. June 3, 2008 City Council Work Session
EXHIBITS
1. Staff Analysis
2. Letter of Intent
3. Fiscal Impact Analysis
4. Current Zoning Map
5. Planned Development 138 (PD-138)
6. Robson Ranch General Development Plan and Permitted Uses
7. Proposed Zoning Map
8. Future Land Use Map
9. Development Plan Map
10. Phasing Map
11. Trails Map
12. ESA Map
13. Notification Map
14. March 25 Neighborhood Meeting List of Attendees and Letters of
15. Letters in Response to Notification
16. DISD Letter of Support
17. Denton County Historical Commission Letter of Support
18. Conceptual Transportation Impact Analysis Executive Summary
19. Subchapter 35.7.12 Master Planned Community (MPC) District
20. Planning and Zoning Commission Minutes
21. Ordinance
Prepared by:
Lori Shelton, AICP
Planner II
Respectfully submitted:
Mark Cunningham, AICP
Director of Planning and Development
3
%8()")4
PLANNING & DEVELOPMENT
STAFF ANALYSIS
CASE NO.: MPC07-0001 DATE TO BE CONSIDERED: June 17, 2008
LOCATION: The property is generally located on both sides of I-35W between Robson
Ranch Road and Vintage Boulevard
APPLICANT: Larry Reichhart
Spring Brook Planning Group
2405 Mustang Drive
Grapevine, TX 76051
OWNER: Petrus Inv. LP
13600 Heritage Parkway, Ste. 300
Fort Worth, TX 76177
Consider the adoption of an ordinance to rezone approximately 3,331 acres
REQUEST:
of land from Agriculture (A), Industrial Center General (IC-G),
Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-
1), Community Mixed Use Employment (CM-E), and Planned
Development 138 (PD-138) zoning districts to the Inspiration Master
Planned Community (Inspiration MPC) zoning district.
The Planning and Zoning Commission recommends approval (7-0) with the
PLANNING AND
ZONING following conditions:
COMMISSION
The relocation of the elementary school shown adjacent to the
RECOMMENDATION
Robson Ranch property.
The relocation of a private park shown adjacent to the Robson
Ranch property.
The relocation of some of the proposed multi-family
development along Robson Ranch Road.
Residential lots within the Inspiration MPC and adjacent to
the Robson Ranch property will be the same size or larger
than those within Robson Ranch.
DEVELOPMENT
The Development Review Committee recommends approval of this
REVIEW COMMITTEE
rezoning request.
RECOMMENDATION:
The subject site is located within the Regional Mixed Use Centers,
COMPREHENSIVE
PLAN DESIGNATION: Industrial Centers, Neighborhood Centers, and Commercial Mixed Use
Centers future land use designations.
SITE AND The approximately 3,331 acres site is generally undeveloped and some
SURROUNDINGS:portions are currently used for agriculture. The property is within
Agriculture (A), Industrial Center General (IC-G), Neighborhood
Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community
4
Mixed Use Employment (CM-E), and Planned Development 138 (PD-138)
zoning districts (Exhibits 4 and 5). Planned Development 138 was approved
in 1991 and contains 920 acres of land. The Development Plan Map
(Exhibit 8) shows 795 acres of proposed business park and 103 acres of
floodplain. The remaining 22.3 acres was designated as right of
Permitted uses include manufacturing, retail, commercial, instit
recreational, farm and ranch and accessory uses. There are 2 existing gas
well sites on the property and 18 pending gas well plats pending for
development.
West side of I-35 W: Cole Ranch MPC; undeveloped residential and ETJ
North:
with gas well development and sparse residential development
East side of I-35 W: PD-139 ; undeveloped with significant amount of
floodplain.
South: West side of I-35 W: ETJ; undeveloped
East side of I-35 W: and ETJ; developed with a residential subdivision
East: West side of I-35 W: Interstate 35 West
East side of I-35 W: PD-174; partially developed residential subdivision
(Country Lakes North)
West: West side of I-35 W: PD-173; partially developed residential subdivision
(Robson Ranch)
East side of I-35 W: Interstate 35 West
The Cole Ranch MPC located to the north of the subject site was
by the Denton City Council on February 5, 2008. The master plann
community consists of 3,256.92 acres and will consist of commercial, retail,
The estimated residential
office, single family and multifamily land uses.
development within the Cole Ranch MPC will consist of 6,182 sing
family homes with an overall gross density of 2.9 dwellings per
2,621 attached single family homes with a maximum of gross densi
of 12 units per acre and 2,800 multi-family units with a maximum
gross density of 30 units per acre.
The Robson Ranch community (PD-173) was approved by the Denton City
Council on July 17, 2001. Robson Ranch consists of approximately 2,275
acres. The approved Robson Ranch General Development Plan allows no
more than 7,500 residential units with a gross residential densi
dwelling units per acre. The approved General Development Plan allows
residential, neighborhood services, outdoor recreation, communits
and parking land uses. Commercial land uses are permitted along Robson
Ranch Road, Lively Road and Florence Road. A copy of the approve
Robson Ranch General Development Plan for the portion of Robson Ranch
adjacent to the Inspiration MPC and a list of permitted uses are attached as
Exhibit 6.
BACKGROUND The proposed master planned community is made up of approximatel
INFORMATION: 3,331 acres and is estimated to be built out in about 25 years. The proposed
development plan shows 796.7 acres of open space. The designated
space and stream buffer areas are over 1,100 acres and represents
approximately 34% of the total land area. There are 20 gas well pad sites
shown on the Development Plan as NR-1(N) zoning districts. Two are
developed gas well sites and the remainder of the sites have bee
5
Pilot Knob is a local historic site located on the west side of -35 within the
proposed MPC. The proposed MPC ordinance will require 74% of the Pilot
Knob area to be preserved. A proposed trail system (Exhibit 10) will
connect the Pilot Knob area with other open space, parks and
neighborhoods. The applicant worked with the Denton County Histo
Commission (Exhibit 16) to preserve the pilot knob area and enhance the
site for the enjoyment of the public.
ANALYSIS:
On March 27, 2007, City Council adopted an ordinance that exempt
Comprehensive Plan
Analysis: Master Planned Communities from the requirements of processing a
Comprehensive Plan amendment as part of the MPC proposal if the
incorporates the goals and objectives of the Denton Plan. The proposed
MPC proposal is generally consistent with the goals and objectives of the
Denton Plan and land use designations contained therein.
Currently, the City of Denton Comprehensive Plan Future Land UseMap
shows four future land use designations within the Inspiration (Exhibit 7).
These include Regional Mixed Use Centers, Industrial Centers,
Neighborhood Centers, and Commercial Mixed Use Centers future la
designations.
future land use areas are intended to
contain the shopping, services, recreation, employment and institution
facilities supported by and serving an entire region. A regional
center could contain developments such as a regional shopping ma
box retail, superstores, restaurant and entertainment facilities, a high school
or community college, and high-density housing.
future land use areas are intended to provide
locations for a variety of workplaces, including limited light m
uses, research and development activities, corporate facilities,
institutions. Employment centers are also intended to accommodate
secondary uses that complement or support the primary workplace
such a hotels, restaurants, convenience shopping, and child care
public facilities shall be a criterion by which zoning is grante
future land use areas are intended to provide
locations for a variety of work processes and work places such a
manufacturing, warehousing and distributing, indoor and outdoor
and a wide range of commercial and industrial operations. The i
centers may also accommodate complementary and supporting uses such a
convenience shopping and child-care centers. Adequate public facilities
shall be a criterion by which zoning is granted.
future land use areas develop in conventional
Neighborhood centers are oriented inwardly, focusing on the cent
neighborhood and containing facilities vital to the day-to-day activity of the
neighborhood. A neighborhood center might contain a convenience store,
small restaurant, personal service shops, church or synagogue, d
individual office space, a small park and perhaps an elementary
The proposed Inspiration Development Plan (Exhibit 8) includes zoning
districts representing Neighborhood Centers, Employment Centers,
6
Regional Centers, and Community Mixed Use Activity Centers. No zoning
representing the Industrial Centers future land use category is proposed.
Development MPC Requirements
Code/Zoning Analysis
Subchapter 35.7.12.3 provides the application requirements for MThe
MPC Zoning Document (including Development Plan Map) and the MPC
Development Standards Document shall, as approved by the City Co
become a part of the applicable development regulations in the Denton
Development Code within the respective MPC District. Subsequent
changes to the MPC documents and map shall be made in accordance
Section 35.3.4 with the exceptions set forth in Section 35.7.12.
amendments).
A.The application shall describe the purpose, nature and
characteristics of the proposed MPC district including, but not
limited to, the proposed development unit use or uses to be
conducted in the district in a manner sufficient to enable
preparation and consideration of regulations governing
permitted and specific uses, site use and other development
regulations which may be appropriate to govern development,
use, and maintenance of the sites included within the MPC
district. The application may be in three stages as set forth
below:
1.Conceptual/Schematic Phase: A conceptual/schematic
plan submittal to be reviewed by the Development Review
Committee prior to the submittal of MPC Zoning
Document and MPC Development Standards Document.
The MPC Concept Schematic is designed to aid the
Developer and the City in preparing a complete MPC
Zoning Document and MPC Development Standards
Document application. The MPC Concept Schematic may
be referred by the Chair of the DRC to the Planning and
Zoning Commission and/or the City Council for review and
comment but typically, these are reviewed and approved by
the DRC.
2.MPC Zoning Document. An application and development
plan to be reviewed by the Development Review
Committee and Planning and Zoning Commission, whose
recommendations are forwarded to the City Council for
review and approval. The MPC Zoning Document
establishes zoning - standards for a Master Planned
Community and typically addresses land uses, densities,
setbacks, building heights, lot coverage and specifically
identifies where there are deviations from the adopted
Denton Development Code. The MPC Zoning Document
shall include a Development Plan Map.
3.MPC Development Standards Document. A detailed set
of development standards that are reviewed by the
7
Development Review Committee and recommended for
approval by the Development Review Committee Chair, the
Planning and Zoning Commission and approved by the
Denton City Council. The MPC Development Standards
Document sets forth the developers proposal for and
confirms compliance with the Denton Development Code
Chapters 13, through 22 and/or identifies the alternative
development standards associated with the content of each
of those Chapters of the Development Code. An
application for an MPC Development Standards Document
may be submitted for approval concurrently with the MPC
Zoning Document and shall be required to be submitted
with the MPC Zoning Document when meeting the
conditions set forth in 35.7.12.2.D.
The Development Review Committee has found that these requirements for
a MPC application have been met and are included in this documenas
Exhibit 3 (Fiscal Impact Analysis) and Exhibit 20 (Ordinance).
Zoning and Development Standards
Pursuant to Subchapter 35.7.12.2.D.1 of the Denton Development C
Inspiration MPC must comply with the Code, except where modifications
are proposed. The applicant has submitted a MPC Zoning Document
Development Standards Document that outline the alternative development
regulations and standards that deviate from the provisions of th
Development Code. Those standards are included in this report as exhibits
in the Ordinance (Exhibit 20).
The following are alternative development regulations and standafrom
which the applicant is proposing to deviate:
Neighborhood Districts
The applicant has created four additional zoning districts to be
the MPC ordinance: Neighborhood Residential 1N (NR-1(N)),
Neighborhood Residential 10 (NR-10), Neighborhood Residential 15 (NR-
15) and Neighborhood Residential 20 (NR-20). The NR1-(N) zoning
district is restricted to gas well development and agricultural
NR-10, NR-15 and NR-20 zoning districts offer a variety of high density
residential uses including attached single family, duplexes, liv
and multi-family with densities ranging from 10 dwelling units per acre to
20 dwelling units per acre.
Mixed Use Districts
The proposed MPC zoning document also includes four zoning districts
Mixed Use Neighborhood District (MUND), Mixed Use Community
District (MUCD), Mixed Use Regional District - Employment (MURD-E),
and Mixed Use Regional District Commercial (MURD-C). These districts
are similar to the existing NRMU, NRMU-12, RCC-N and RCC-D in the
Denton Development Code. The MUND and MUCD districts will be
neighborhood oriented with a variety of services and high densit
8
residential uses and the MURD-E and MURD-C zoning districts are
oriented to a regional market.
Development Thresholds
The Inspiration MPC provides development thresholds above the
requirements of the DDC. Thresholds include minimum lot size
requirements and minimum house sizes of 1,600 square feet. The MPC will
require a ratio of single family to multi-family development of no less than
77.8% to 22.2%. The MPC will also require that a minimum of 2,500
single-family houses be constructed prior to any multi-family units being
constructed. A complete list of proposed thresholds as well as all proposed
development standards can be found in the attached Ordinance (Exhibit 20).
General Regulations
The proposed General Regulations section of the Zoning and Devel
Standards Document provides maximum heights, lot coverage and setbacks
for the zoning districts. The proposed regulations are generally
more restrictive than the General Regulations found in the DDC.
Landscape and Tree Canopy Requirements
The proposed tree canopy requirements found in the Inspiration MPC are
generally less than those found in Subchapter 13 of the Denton
Development Code. For example The NR-1 through NR-6 zoning districts
are required to provide 50% tree canopy coverage in the current
standards. The applicant is proposing 40% tree canopy coverage for those
zoning districts.
The proposed residential landscape requirements are less than th
DDC. The landscape requirements for the mixed use districts are
with those in the existing DDC requirements
Due to the large proportion of open space and stream buffer area
for the development, 34% of the entire development, the required
canopy for the individual zoning districts is acceptable.
Street Tree Requirements
The proposed Street Tree Requirements are consistent with the cu
standards found in the DDC.
Access, Parking and Circulation Requirements
The proposed MPC development standards will allow parking spaces
the number allowed in the Parking Standards section of the ordinance
without the requirement to provide impervious pavement for the a
spaces. The developer will be required to provide additional tre
open space or permeable paving may be used to mitigate the additonal
spaces.
The proposed standards allow parking between the building and th in
9
the MURD-C and MURD-E zoning districts and in the MUCD zoning
district along Robson Ranch Road only. Parking between the building and
the street is also allowed along I-35. Additional screening, buffering and
landscaping is required when parking is located between the buil
the street.
Site Development Standards
The proposed standards are generally more restrictive than those
the DDC. One hundred percent (100%) of the front of all residential
structures shall be masonry. The total percent of masonry on res
structure shall be no less than 80%. These requirements apply to
and multi-family structures as well as non residential and mixed use
buildings.
Parking Standards
The applicant has provided parking standards to replace those fo
DDC. Generally, the proposed parking standards allow more parking for
retail uses, medical office and other office uses than currentlywed in the
DDC. For example the applicant is proposing a ratio of one space
250 square feet of gross floor area for general retail; the DDC
space for every 300 square feet of gross floor area. The propose
office use category is required to provide one parking space for every 450
square feet of gross floor area; the proposed ratio is one for e
square feet.
The applicant has compiled the proposed parking standards from i
standards from the American Planning Association and a variety of local
communities including the Cities of Fort Worth, Frisco, Southlak
McKinney.
Environmentally Sensitive Areas
The Inspiration MPC contains approximately 1,073 acres of
environmentally sensitive areas (ESAs), composed of floodplains, stream
buffers, and upland habitats. Approximately, 75 percent (805 ac
ESAs will be preserved. The three knolls, including Pilot Knob,
dominating the natural landscape of the subject property will be
in some extent. Most of the preservation would occur in Pilot Knob, where
74 percent of the upland habitat and natural topography would be
The remaining 25 percent of ESAs that would be disturbed will be
to mitigation. The developer has agreed to mitigate by enhancing existing
ESAs within the Inspiration MPC at a 2:1 ratio of enhanced ESA t
ESA, relocating the impacted ESAs to protected open space areas
the original ESA areas on an acre-for-acre basis, and/or incorporating
integrated Storm Water Management (iSWM) techniques and practices into
the development of Inspiration.
Inspiration also includes a 22-mile trail system interconnecting ESAs within
the proposed planned development and the Cole Ranch MPC located
north. The trail system will connect preserved upland habitat a
buffers, and floodplains through vegetated corridors. The trails are
10
designed to take advantage of existing ESAs and easements, and p
open space major thoroughfares. The planting of native species
trails would provide habitat for transient wildlife species. Th system
includes a 20-foot planting buffer parallel to the trail walking path. The
selection of plant species would depend on the location of trail
relationship to existing ESAs and thoroughfares. If disturbed,
re-vegetated exclusively using a variety of native plants while planting
buffers along major thoroughfares will be landscaped with native
drought-tolerant adapted species.
Park Land Dedication
The Inspiration MPC will be required to dedicate public park land as
required in the Park Land Dedication Ordinance (98-039) in addition to the
private park land shown on the Open Space/ESA Overlay (Exhibit 11). The
public park land will be identified in the platting process and
be 100 acres of public park land.
Property Owner Association Requirement
The Inspiration MPC will be required to create a Property Owner
Association (POA) to maintain all common property not dedicated t
City of Denton. The documents establishing the POA will be requi
the first final plat application.
Denton Municipal Airport Overlay District
A portion of the proposed Inspiration MPC is within the boundaries of the
Denton Municipal Airport Overlay District as shown in Exhibit 8, Proposed
Development Plan. The boundaries are labeled as Airport CLUD 2 Z
Limit. Subchapter 35.7.4 of the DDC requires development within
Airport CLUD 2 Zone to meet the noise mitigation standards found
Subchapter 35.7.4.12 or provide an avigation easement. An avigation
easement conveys to the City of Denton an unobstructed right-of-way for
the passage of all aircraft and rights to cause within such ease
noise, vibration, fumes, dust, fuel particles and all other effe
caused by the operating or craft landing at, taking off from, or operating at,
the Denton Municipal Airport. The proposed Inspiration MPC ordinance
will require both an avigation easement and the application of t
mitigation standards.
DEPARTMENT AND The proposed Inspiration MPC has been reviewed by the Denton
Development Review Committee for issues related to requirements
AGENCY REVIEW:
Subchapter 35.7.12 Master Planned Community (MPC) District in th
Denton Development Code. Preliminary transportation, water, wastewater
and drainage studies have been prepared by the applicant and rev
the appropriate City of Denton consultants or staff to ensure th
provisions for public schools, fire protection, law enforcement,
wastewater, streets, public services and parks are adequate to se
anticipated population within the MPC district
11
The master planned community will be required to apply for a general
development plan which will require more detailed engineering stes.
After the general development plan is approved, a preliminary pl
submitted for a portion of the property. Again, more detailed en
plans are required. A final plat must be approved and filed with Dento
County prior to any construction. The applicant will be required to provide
construction plans for the public improvements (streets, water and sewer
lines) as part of the final plat application.
FINDINGS: Pursuant to Subchapter 35.7.12.6, before approval or adoption of
application for a MPC Zoning Document, the Planning and Zoning
Commission shall find:
A.
That the development proposed furthers the goals of the Denton
The proposed Inspiration MPC is consistent with the Denton
Plan.
Plan. The growth management section of the plan encourages a
wider range of land uses to coexist within close proximity to each
other. In addition, the Denton Plan encourages residential
development that establishes a variety of lot sizes, dwelling types,
and housing prices.
B.
In the case of proposed residential development, that the
development will promote compatible buildings and uses and that
The
will be compatible with the character of the surrounding area.
proposed plan offers a ratio of single family residential use to
multi-family uses of 77.8% to 22.2% with the high density
residential near or within the neighborhood centers. Thesecenters
are located throughout the development anchored to major
intersections.
C.
That the provisions for public facilities such as schools, fire
protection, law enforcement, water, wastewater, streets, public
services and parks are adequate to serve the anticipated populat
The applicant has provided preliminary
within the MPC District.
engineering studies to demonstrate adequate public facilities.
Additional engineering will be required as the project moves
forward. The applicant has worked with the Denton ISD to
determine locations for the future needs of the school district within
the Inspiration MPC. School District officials have determined the
proposed school sitesare adequate for future needsof the area.
Fire protection and law enforcement needs will be accessed as
development occurs. Locations for fire stations and other public
services will be determined as Inspiration as well asother land in
the area isdeveloped.
D.
In the case of proposed commercial, industrial, institutional,
recreational and other non-residential uses or mixed-uses, that such
development will be appropriate in area, location and overall
The proposed commercial and
planning for the purpose intended.
mixed uses are needed in the southwest part of Denton. Currently
no retail or employment opportunities are available in that area.
E.That the development is fiscally sound, as demonstrated in the C
12
Impact Analysis, and is consistent with adopted policies,
infrastructure plans and applicable Capital Improvement Programs
(CIP) and that the Development Plan sets forth the phasing and t
plan for paying for the infrastructure and responsibilities for
The applicant submitted a Fiscal Impact Analysis
payment.
(Exhibit 3) to demonstrate the project is fiscally sound. The Fiscal
Impact Analysis was reviewed by the City of Denton Director of
Finance.
13
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,¤³³¤± ®¥ )³¤³
14
15
16
17
18
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
EXHIBIT 4
Current Zoning Map
37
EXHIBIT 5
Planned Development 138 (PD-138)
38
EXHIBIT 6
Robson Ranch General Development Plan and Permitted Uses
Inspiration
MPC
Robson Ranch Road
39
40
41
42
43
EXHIBIT 7
Proposed Zoning Map
44
EXHIBIT 8
Future Land Use Map
45
EXHIBIT 13
Notification Map
1 in opposition
16 in opposition
4 in opposition
Public Notification Date: April 13, 2008
Areas of opposition
75
212
In Opposition: 21
In Favor: 2
Neutral: 3
%
Note: Only property owners within the Denton City Limits were
counted in numbers above.
50
EXHIBIT 14
March 25 Neighborhood Meeting
List of Attendees and Letters of
Concerns
51
52
March 26, 2008
Kathleen Wazny
9117 Perimeter Street
Robson Ranch
Denton, TX 76207
940-262-0250
randkwazny@hotmail.com
Lori Shelton
Planning & Development
City of Denton
221 N. Elm
Denton, TX 76201
Re: Robson Ranch Citizen Concerns Regarding
A Proposed Development
Dear Ms. Shelton:
A new mixed-use development is currently up for review by the City of Denton
located adjacent to Robson Ranch, the community where I reside.
so they could voice their concerns regarding the new development
A summary of their concerns is listed below:
Traffic Impact As the development plan stands now, there are three roads that
will flow directly out of the new development and onto Robson Ra
narrow two lane highway with no shoulders, no streetlights, and
of Robson Ranch, with 2,000 people, most of them retired, use Robson Ranch Road for
ingress and egress to get to I35W. Although later phases of Ins
out of their northern perimeter near the Ponder Exit, the first -10 years of development
will flow traffic out onto Robson Ranch Road.
Robson Ranch Road, in its current status, is unequipped to handl
density development with a projected population of 40,000 peopleThis enormous influx
of cars and trucks is unacceptable to citizens of Robson Ranch. e I35W
intersection (where it meets Robson Ranch/Crawford Road) is curr-Way Stop,
and is also unequipped to handle a huge increase in traffic. TD has not approved a
new interchange for this proposed new development.
Citizens of Robson Ranch are extremely concerned at the likelihood of emergency
equipment, i.e., ambulances and fire trucks, being stuck in traf
interchange and also along Robson Ranch Road, and not able to ge
residents when minutes count.
53
CITIZENS ASK FOR: A detailed Traffic Impact Analysis for both Robso
and the intersection of I35W and Robson Ranch/Crawford Road. Th
Board should not consider approval for Inspiration until this An
and residents of Robson Ranch have been given an opportunity to study
comments with City staff.
Page 1 of 3
A Proposed Development
Page 2 of 3
High Density As the plan stands now, 672 apartments are proposed in Phase 1A
and 1B. This is a massive zoning change from the current zoning
proposed NR15 and NR20. This density change is unacceptable to
Ranch. It is completely out of character with existing residential neighborhoods that
surround the area. Without a complete and total expansion of BO
public safety risk
intersection and Robson Ranch Road, the jump to such high densit
because of an inadequate road system.
Regarding the entire development of Inspiration, there is nothin
changing current land use from Agriculture to a 40,000 person, h
developer is asking for a 600% increase in density from 2,500 unently allowed, to
15,500 units.
There is nothing consistent with adding 20,000 cars to an alread
system.
Buffer Between Developments As the plan stands now, there is no buffer
between Robson Ranch and Inspiration. Consider the retirement population of Robson
Ranch and the probable residents of Inspiration as young familie
Ranch residents request a fence, as well as a raised earthen ber
the boundary of the two developments. In addition, a school is planned adjacent to the
border of Robson Ranch in Phase 6. We ask consideration that th
away from the boundary with Robson Ranch, towards the interior o
Police Sub-Station As the plan stands now, with 40,000 people, there is no
provision for a police substation. Law enforcement officers will
Denton to service the project.
Water The water line servicing Robson Ranch should not be tapped for t
project. Before City approval, the developer must provide a detailed plan on water usage
estimates and water requirements to service 40,000 people.
The developer has failed to address sustainability regarding
the demands on water/wastewater and utilities. Cities, including Dallas, are moving
towards new building standards. Using the Texas A&M E3 model, a
54
15 to 20 years, the time is now to require the developer to raise his building standards.
Upland Areas The upland areas are segregated from the wetland areas by
housing development. Wildlife in the upland areas need corridor
water (wetland areas) without traversing areas of residential hog.
A Proposed Development
Page 3 of 3
Wetland Study Phases 1A and 6 are adjacent to Robson Ranch and there are
wetland areas in both Phases. Has the developer of Inspiration City with a
wetland study of this area? It should be required prior to appr
Storm Water - A storm water outfall is located at the northern end of Perimete
Street, in Robson Ranch, and it appears to drain directly into a
Inspiration. How does the developer propose to direct this water fl
residential area?
nts, in this
This proposed project is inconsistent with Denton and should be
Planners, the Denton Planning & Zoning Commission, and the Denton City Council.
Thank you for your time and consideration. Please contact me wi
comments or clarifications.
Sincerely,
Kathleen Wazny
cc:
Perry McNeill Mayor
Pete Kamp, District 2, May Pro Tem
Charlye Heggins, District 1
Jack Thomson, District 3
Chris Watts, District 4
Bob Montgomery, At Large Place 5
Joe Mulroy, At Large Place 6, Deputy Mayor Pro Tem
55
George Campbell City Manager
Mark Cunningham Director Planning & Development
Ron Menguita Comprehensive Planning Supervisor
Chuck Russell Planning & Development
Dawn Cobb Managing Editor, Denton Record Chronicle
56
EXHIBIT 15
Letters in Response to
Notification
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
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88
89
90
91
92
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94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
EXHIBIT 16
DISD Letter of Support
109
EXHIBIT 17
Denton County Historical Society Letter of Support
110
EXHIBIT 18
Conceptual Transportation Impact Analysis Executive
Summary
111
112
113
114
115
116
117
118
EXHIBIT 19
Subchapter 35.7.12 Master Planned Community (MPC)
District
119
120
121
122
123
124
125
EXHIBIT 20
Planning and Zoning Commission Minutes
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
143
144
EXHIBIT A
INSPIRATION MPC LEGAL DESCRIPTION
TRACT I
FIELD NOTES to all that certain tract of land situated in the fo
Survey Abstract-Number 994; 2) G. Pettingale Survey Abstract Number 1041, 3) J. Taft Survey
Abstract Number 1269, 4) G. West Survey Abstract Number 1393, 5)
Company Survey Abstract Number 159, and 6) B.B.B. 6 C. Railroad
Number 158, in Denton County, Texas and being the McCutchin lands known as Pilot Knob
Ranch lying West of Interstate Highway 35 West, south of F.M. Hi
Crawford Road, as recognized and occupied on the ground; the sub
particularly described as follows:
BEGINNING for the most Southerly Southwest corner of the tract b
recognized Southwest corner of the E. Pizano Survey in the middl
being the apparent Southwest corner of a called 400 acre tract od described in the McCutchin
Deed recorded in Volume 321, Page 65 of the Deed Records of Dent
THENCE North 00 degrees 04 minutes 29 seconds West with the West line of the said survey
and said 400 acre tract a distance of 3345.0 feet to the monumen
1491.6 acre tract of land described in the McCutchin Deed record
the said Deed Records; a 1 1/2 inch iron pipe found at a bend in a very old abandoned r
which a 9 inch steel fence corner post in concrete bears South 1
THENCE North 00 degrees 04 minutes 29 seconds East generally alo
monumented West line of the said 1491.6 acre tract and the said survey a di
to a reentrant corner of the said tract,-same being the apparent Northeast corner of the M.
Scurlock Survey Abstract Number 1141 and the Northwest corner ofzano Survey in
:
in concrete from which a 1 ½ inch iron pipe bears East 3 feet;
THENCE North 89 degrees 35 minutes 40 seconds West generally along a fence with he South
line of the said 1491.6 acre tract and the apparent South line o
distance of 1215.55 feet to a bois d'arc fence corner in concret
the said tract, same being the apparent Southwest corner of the said Pettingale Survey and the
apparent Southeast corner of the F. Garcia Survey Abstract Numbe
THENCE North 00 degrees 40 minutes 51 seconds East generally alo
recognized and occupied West line of the said 1491.6 acre tract a distance of 3802.57 feet to a
THENCE South 89 degrees 39 minutes 42 seconds East generally alo
line of the said tract a distance of-5806.06 feet to a re
fence corner post in concrete from which a 1 inch iron pipe bear
THENCE North 01 degrees 51 minutes 13 seconds East with a fence
at a salient corner in the North line of the said tract;
THENCE South 89 degrees 56 minutes 51 seconds East generally alo
said North line a distance of 5406.7 feet to the Northeast corne
the West line of the 895 1/2 acres set apart to Randolph Paine in the par
Paine as described in the Field Notes recorded in Volume 296, Pa
line of the called 1st tract described in the Deed to McCutchin ded in Volume 304, Page
13.8 feet;
THENCE North 00 degrees 24 minutes 24 seconds East along the mid
the West line of the said McCutchin 1st tract passing its Northwest corner and the Southwest
corner of the called 3rd tract recorded in Volume 304, Page 123
145
Survey Abstract Number 1393 and continuing with the middle of th
West line of the said 3rd tract, in all, a total distance of 6119.52 feet-to the Southwest corner of
the tract described in the Deed to the State of Texas for F.M. 2-of-way recorded in
Volume 537, Page 150 of the Deed Records of Denton County, Texasn rod set: from
which a wooden right-of-way marker at a corner of the East line fence of the said road b
North 44 degrees 41 minutes East a distance of 44.feeti
THENCE North 44 degrees 41 minutes 34 seconds East with the monu
flare in the South right-of-way of F. M. 2449 a distance of 231.60 feet to a wooden right-of-way
markerat the end of the said flare and being -in a curve to the right having a radius of 1096.28
feet;
THENCE in a Southeasterly direction continuing with the monumented South line of the said
highway along the arc of the said curve an arc length of 214.93
degrees 11 minutes 00 seconds East a distance of 214.59 feet) to a wooden right-of-way marker at
the end of the said curve;
THENCE continuing with the monumented South line of the said highway Sou
minutes 00 seconds East a distance of 2321.10 feet to a wooden r-of-way marker at the
beginning of a curve to the left having a radius of 5779.65 feet
THENCE in a Southeasterly direction continuing with the South line of the said high
the arc of the said curve an arc length of 150.28 feet (chord be
minutes 42 seconds East a distance el'150.27 feet) to the Southeate of
Texas tract in the apparent East line of the said G. West Survey
line of the S. Pritchett Survey Abstract Number 1021; from which
bears South 1.4 feet;
THENCE South 00 degrees 05 minutes 31 seconds West generally along a fence with the East
line of the abovementioned McCutchin 3rd tract a distance of 196
Northwest corner of the called 2nd tract recorded in Volume 304,
found at a fence corner post;
THENCE South 89 degrees 28 minutes 29 seconds East with the Nort
along a fence a distance of 47.19 feet to a 3/4 inch iron rod fo
the said Interstate Highway 35 West;
THENCE with the West line of the said interstate highway as monumented on the gro
following 26 courses and distances (number to coincide with the
South 26 degrees 51 minutes 50 seconds West a distance of 1541.0
South 32 degrees 24 minutes 59 seconds West a distance of 200.99 feet to -of-way
monument;
South 26 degrees 50 minutes 48 seconds West a distance of 399.97-of-way
monument;
South 19 degrees 59 minutes 29 seconds West a distance of 201.6 feet to an angle point;
South 26 degrees 51 minutes 07 seconds West a distance of 2963.3-of-
way monument;
North 32 degrees 58 minutes 24 seconds West a distance of 200.44-of-way
monument;
North 18 degrees 38 minutes 52 seconds West a distance of 155.22 fe-of-way
monument;
North 00 degrees 00 minutes 36 seconds East a distance of 111.56-of-way
monument;
38
9) North 29 degrees 35 minutes seconds West a distance of 44.23 feet to a concrete right-of-
way monument in the East line of John Paine Road;
North 89 degrees 31 minutes 51 seconds West crossing said road a
concrete right-of-way monument in the West line of the said road;
South 30 degrees 08 minutes 29 seconds West a distance of 44.49 -of-way
monument;
146
South 00 degrees 07 minutes 33 seconds West a distance of 210.67-of-way
monument;
South 09 degrees 29 minutes 35 seconds East a distance of 101.10 feet to a concrete right-of-way
monument;
South 01 degrees 01 minutes 12 seconds East a distance of 119.57-of-way
monument;
South 32 degrees 55 minutes 17 seconds East a distance of 272.33remains of a
concrete monument;
South 26 degrees 52 minutes 06 seconds West-a distance of 2560.36 feet to the remains of a
concrete right-of-way monument the beginning of a curve to the right having a radi
11,296.19 feet;
I7) Southwesterly direction along the arc of the said curve an arc length of 606.91 feet (cho
bearing South 28 degrees 32 minutes 29 seconds West a distance o
right-of-way monument at the end of the said curve;
South 29 degrees 56 minutes 48 seconds West a distance of 2715.14 feet to a concrete right-of-
way monument;
South 35 degrees 25 minutes 55 seconds West a distance of 202.01-of-way
monument;
South 29 degrees 56 minutes 31 seconds West a distance of 899.10of a
concrete monument;
21) South 33 degrees 04 minutes 08 seconds West a distance of 14
corner post;
22) North 89 degrees 28 minutes 51 seconds West a distance of 55
corner post at a reentrant corner of the called 69.318 acre tract described in the Deed
McCutchin recorded in Volume 321, Page 42;
23) South 00 degrees 03 minutes 00 seconds East a distance of 91
corner post;
24) South 29 degrees 56 minutes 30 seconds West a distance of 750.28 feet to a concrete right-
of-way monument;
25) South 33 degrees 22 minutes 50 seconds West a distance of 49-of-
way monument;
26) South 29 degrees 55 minutes 50 seconds West a distance of 12feet to an iron red set in
the West line of the said 69.318 acre tract;
THENCE North 00 degrees 09 minutes 01 seconds East with the said
feet, a 4 inch steel fence corner post and continuing along the in
all, a .total distance of 1573.13 feet to a fence corner post atreentrant corner of the said 69.318
acre tract;
THENCE North 89 degrees 46 minutes 33 seconds West generally alo
line of the said tract a distance of 723.01 feet to the most Westerly Southwest corner of the said
69,318 acre tract in the East line of the abovementioned McCutch
in an abandoned road, from which a 6 inch steel fence corner pos
bois d'arc fence corner post bears West 2 feet and North 2 feet;
THENCE South 00 degrees 14 minutes 41 seconds West with the appa
400 acre tract and along the abandoned road a distance of 2453.1
thereof in the apparent south line of the said E. Pizano Survey in Crawford Roa
from which a bois d'arc fence corner post bears North 25 feet an
THENCE North 89 degrees 32 minutes 57 seconds West along Crawfor
line of the said tract and the South line of the said Pizano Survey a
PLACE OF BEGINNING and enclosing 2329.49 acres of land.
TRACT II
147
FIELD NOTES to all that certain tract of land situated in the foB.
& C. Railroad Survey Abstract Number 158, 2) J. Taft Survey Abst
& C. Railroad Company Survey Abstract Number 159, 4) G. Pettinga
1041, 5) B.B.B. & C. Railroad Company Survey Abstract Number 160 Pritchett Survey
Abstract Number 1021, and 7) G. West Survey Abstract Number 1393
and being the McCutchin lands known as Pilot Knob Ranch lying Ea
West, recognized and occupied on the ground; the subject tract being more particularly described
as follows:
BEGINNING at a salient corner of the called 1491.6 acre tract de
McCutchin recorded in Volume 296, Page 503 of the Deed Records o
called in the said Deed to be the Southeast corner of the J. Taft Survey; an iron rod set in
Paine Road at its intersection with Johnson Lane from which a 1
feet and North 25 feet;
THENCE South 00 degrees 02 minutes 39 seconds West with the Eastne of the B.B.B. & C.
Railroad Company Survey Abstract Number 158 in said John Paine R
called 215 acre McCutchin tract described in the Deed recorded i
said Deed Records, a distance of 3648.27 feet to an iron rod set for the Southeast corner of the
said 215 acre tract from which a bois d'arc fence corner post be
THENCE North 89 degrees 32 minutes 20 seconds West generally alo
line of the said 215 acre tract a distance of 2290.84 feet to the apparent and occupied Southeas
corner of the called 5 acre tract excepted to in the Deed descri
rod found at a fence corner post;
THENCE North 00 degrees 58 minutes 25 seconds East generally along a fence with the East line
of the said 5 acre tract a distance of 497.55 feet to the occupi
thereof; an iron-rod found at a fence corner post;
THENCE North 89 degrees 28 minutes 51 seconds West generally alo a fence with the North
line of the said 5 acre tract a distance of 274.12 feet to an ir-of-way
line of Interstate Highway 35 West;
THENCE with the East line of the said Interstate Highway as monu
following 20 courses and distances (numbered to coincide with accom
North 29 degrees 55 minutes 05 seconds East a distance of 847.36-of-way
monument;
North 24 degrees 19 minutes 46seconds East a distance of 203.06 feet to a concrete right-of-way
monument;
North 29 degrees 57 minutes 39 seconds East a distance of 2716.6-of-
way-monument at the beginning of a curve to the left having a radius
Northeasterly direction along the arc of the said curve an arc length of 623.08 feet (chord bearin
of North 28 degrees 24 minutes 50 seconds East a distance of 623-of-
way monument;
North 26 degrees 51 minutes 24 seconds East a distance of 2147.8ncrete right-of-
way monument;
South 89 degrees 28 minutes 18 seconds East a distance of 470.78-of-way
monument;
South 75 degrees 54 minutes 08 seconds East a distance of 71.35 -of-way
monument;
South 89 degrees 46 minutes 35 seconds East a distance of 80.17 feet to a concrete-of-way
monument;
North 72 degrees 34 minutes 49 seconds East a distance of 52.80 -of-way
monument in the South line ofAllred Road;
North 17 degrees 13 minutes 20 seconds east crossing said road a distance of 51.61 feet to a
concrete right-of-way in the North line of the said road;
148
North 69 degrees 30 minutes concrete right-of-way
03 seconds West a distance of 229.53 feet to a
monument;
North 54 degrees 05 minutes 14 seconds Nest a distance of 163.42 feet to a concrete right-of-way
monument;
North 33 degrees 12 minutes 11 seconds West a distance of 210.76-of-way
monument;
North 26 degrees 51 minutes 41 seconds East a distance of 3165.3t to a concrete right-of-
way monument;
North 36 degrees 44 minutes 37 seconds East a distance of 203.09-of-way
monument;
North 26 degrees 49 minutes 40 seconds East a distance of 399.43-of-way
monument;
North 33 degrees 24 minutes 38 seconds East a distance of 400.30 fe-of-way
monument;
North 26 degrees 39 minutes 55 seconds East a distance of 399.88-of-way
monument;
North.15 degrees 48 minutes 59 seconds East a distance of 305.23 feet to a concrete right-of-way
monument;
46) North 26 degrees 54 minutes 23 seconds East a distance of 83
found in the North line of a called 2nd tract in the McCutchin D
Page 123;
THENCE South 89 degrees 54 minutes 09 seconds East generally alo
line of the said 2nd tract a distance of 1997.83 feet to a 1 inc
corner of the said tract in the apparent East line of the S. Pritchett Survey Abstract Number 1021;
THENCE South 00 degrees 13 minutes 57 seconds East generally along a fence with the East
line of the said 2nd tract and said survey crossing Roark Branch
in all, a total distance of 2217.65 feet to a 1 inch iron rod found at the Southeast corner of
2nd tract and said survey;
THENCE South 89 degrees 38 minutes 41 seconds East generally alo
line of the called 200.935 acre tract described in the Deed to Mutchin recorded in Volume 328,
Page 332 and the apparent North line of the B.B.B. & C. Railroad
Number 160 a distance of 2659.26 feet to the Northeast corner of
said survey; an iron rod found in the middle of Bonnie Brae Road from which12 inch steel fence
corner post bears West 31 feet;
THENCESouth 00 degrees 39 minutes 53 seconds East along Bonnie Brae Ro
line of the said tract and the said survey a distance of 3265.02Southeast corner of the
said 200.935 acre tract in the intersection with Allred Road; an
fence corner post bears North 18 feet and West 31 feet;
THENCENorth 89 degrees 27 minutes 39 seconds West along Allred Road wiapparent
South line of the said tract a distance of 3609.61 feet to an ir
of a called 147.58 acre, tract of land described in Deed from G.
Investment Company Inc. recorded in Volume 332, Page 86 of the said Deed Records;
THENCE North 89 degrees 41 minutes 30 seconds West continuing al
the Southeast corner of the said Pettingale Survey and continuin
South line of the Pettingale Survey and the North line of the B.B.B. & C. Railroad Co. Survey
Abstract Number 159, in all, a total distance of 2122.09 feet to
142 acre tract described in the Deed to McCutchin recorded in Vo
Deed Records; a nail feue5 from which a fence corner post bears South 25
THENCE South 00 degrees 06 minutes 52 seconds West generally alo
line of the said 142 acre tract a distance of 2639.77 feet to th
apparent South line of the said B.B.B. & C. Railroad Co. Survey act Number 159; an iron
149
red set in Johnson Lane from which a fence corner post bears North 10 feet and another fence
corner post bears North 32 feet;
THENCE North 89 degrees 27 minutes 34 seconds West along Johnson
of the said tract and survey a distance of 2353.07 feet to the PLACE OFEGINNING and
enclosing 917.60 acres of land.
TRACT III
FIELD NOTES to all that certain tract of land situated in the S.
1004, the G. West Survey Abstract Number 1393, the I. Byerly Survey Abstract Number 1458
and the J. Dalton Survey Abstract Number 353, Denton County, Tex
and 6th tracts and a part of the 3rd tract described in the Deed
304, Page 123 of the Deed Records of Denton County, Texas; the subject tract being more
particularly described as follows:
BEGINNING at a 1 inch iron rod found at the called Northwest cor
Abstract Number 1021, same being the South Southwest corner of the called 51 acre 5th tract
mentioned above;
THENCE South 00 degrees 04 minutes 56 seconds West generally alo
line of the said Pritchett Survey Abstract Number 1021, same bei
West Survey and the East line of the said 3rd tract, a distance of 997.02 feet to the m
Northeast corner of the tract described in the Deed to the State-of-
way recorded in Volume 537, Page 150 of the said Deed Records; ath line
thereof 0.2 feet North of an iron rod found and being in a curve
5679.65 feet;
THENCE in a Northwesterly direction along the arc of the said cu
said highway an arc length of 94.70 feet (chord bearing of North 61 degrees 02 minutes 39
seconds West a distance of 94.69 feet) to a wooden right-of-way marker at the end of the said
curve;
THENCENorth 60 degrees 34 minutes 00 seconds West continuing with the
said highway a distance of 2321.10 feet to a wooden right-of-way marker at a flare in the said
highway;
THENCE North 00 degrees 17 minutes 18 seconds East with said fla
the apparent Northline of the said West survey in the middle of Underwood Road; an iron rod set
from which a wooden right-of-way marker bears South 24.5 feet;
THENCE South 89 degrees 42 minutes 00 seconds East along Underwo
apparent North line of the said survey a distance of 986.30 feetf the
said 5th tract; an iron rod set at a bend in the road from which
feet and South 23 feet;
THENCE North 01 degrees 46 minutes 48 seconds East continuing al
the apparent West line of the said 5th tract a-distance of 1205.84 feet to the celled West
Southwest corner of the Dalton Survey and the apparent Northwest
iron rod set from which a fence corner post bears East a distanc
East
THENCE South 88 degrees 57 minutes 09 seconds along the general course of a fence line
with the North line of the said 5th, tract and the South line of
an iron rod fourth for the Southeast corner of the called 2.408 Deed to
Kenneth Morgan recorded in Volume 1010, Page 825 of the Deed Rec
Texas bears North 5.4 feet; continuing along the same course, in
feet to the Northwest corner of the called 6th tract at a reentrant corner of the Dalton survey;
THENCE South 89 degrees 48 minutes 53 seconds East continuing al
the said fence with the North line of the said 6th tract a dista
corner thereof-in the West line of the said S. Pritchett Survey Abstract Number 1004; a 4 inch
bois d'arc fence corner post n concrete on the South bank of Hi
150
THENCE South 00 degrees 08 minutes 38 seconds West generally alo
line of the Pritchett Survey at 230 feet crossing Hickory Creek continuing along the same
in all, a total distance of 527.73 feet to the middle of Hickory
Northwest corner of the said 4th tract;
THENCE the meanders of Hickory Creek the following 3 courses and distances:
1) South 38 degrees 01 minutes 02 seconds East a distance of 256.7
South 43 degrees 16 minu
tes 26 seconds East a distance of 563.31 feet to a bend in the o
channel;
South 05 degrees 47 minutes 51 seconds West with the old channel a distance of
329.56
feet to the South line of the said S. Pritchett Survey Abstract
of the S. Pritchett Survey Abstract Number 1021 at the Southeast
iron pipe set in the oldcreek bed from which a cross-tie fence corner post bears South 87 degrees
30 minutes West a distance of 67.5 feet;
THENCE North 89 degrees 53 minutes 44 seconds West along the gen
line with the North line of' the said S. Pritchett Survey Abstract Number 1021, passing the
Southwest corner of the S. Pritchett Survey Abstract Number 1004
course, in all, a total distance of 1272.40 feet to the PLACE OF
96.85 acres of land.
TRACT IV
FIELD NOTESto all that certain tract of land situated in the E. Pizano Surv
994, Denton County, Texas and being part of the called 69.318 ac
from William L. Gravley et ux to Alex McCutchin recorded in Volume 321, Page 42 of the Deed
Records of Denton County, Texas; the subject tract being more pa
BEGINNING for the Southeast corner of the tract being described
corner post at the South Southeast corner of the said 69.318 acre tract;
THENCE North 87 degrees 13 minutes 13 seconds West with the Sout
generally along a fence at 303.6 feet passing the end of the sai
course, in all, a total distance of 359.06 feet to the remains of a concrete right-of-way monument
in the East line of Interstate Highway 35 West;
THENCE North 30 degrees 01 minutes 38 seconds East with the East
distance of 153.66 feet to a concrete right-of-way monument;
THENCE North 27 degrees 03 minutes 45 seconds East continuing wi
distance of 500.93 feet to a concrete right-of-way monument at an angle point in said highway;
THENCE North 29 degrees 54 minutes 55 seconds East with the said highway a distance of
106.75 feet to an iron rod set for the North corner of the herei
the said 69.318 acre tract;
THENCE South 00 degrees 03 minutes 00 seconds East with the East
generally along a fence a distance of 689.05 feet to the PLACE OF BEGINNING
2.82 acres of land.
SAVE AND EXCEPT:
4.102 TRACT
ACRE
FIELD NOTES to all that certain tract of land situated in the I. Survey Abstract Number
1458 and the J. Dalton Survey Abstract Number 353, Denton County
Tract III described in the Deed from Perot Investment Partners,
recorded in Volume 2470, Page678 of the Real Property Records of Denton County, Texas; the
subject tract being a strip off the North end of the said Tract
described as follows:
BEGINNING for the Northwest corner of the tract being described orner
of the said Tract III at a 1/2" iron rod found in Underwood Road
151
fenced at this point) 23.4 feet Westerly from a fence corner pos
further being the called West Southwest corner of the said J. Dalton Survey;
THENCE South 88 Degrees 57 Minutes 09 Seconds East with the Nort
and the South line of the said Dalton Survey, at 389.6 feet an i
corner of the called 2.408 acre tract described in the deed from Kenneth Morgan et ux to William
Clinton Lynch et ux recorded in Volume 2190, Page 507 of the sai
North 5.43 feet; continuing along the same course, in all, a tot
inch iron rod set at an angle point in the North Line of Tract III at a re
Dalton Survey;
THENCE South 89 Degrees 48 Minutes 53 Seconds East continuing al
the said fence with the North line of the said Tract III a distance of 657.86 feet to the Northern
Northeast corner thereof in the West Line of the S. Pritchett Su
bois d'arc fence corner post in concrete on the South bank of Hi
THENCE South 00 Degrees 08 Minutes 38 Seconds West generally along a fence with the East
line of the said Tract III and the West line of the Pritchett Su
1/2 inch iron rod set for the Southeast corner of the herein des
THENCE North 89 Degrees 15 Minutes 35 Seconds West severing Tract III and crossing the East
line of the Byerly Survey and the West line of the Dalton Survey
.
course, in all, a total distance of 1847.30 feet to a 1/2" iron set for the Southwest corner of the
herein described tract on the West line of the said Tract III in
from the fence on the East side thereof;
THENCE North 01 Degrees 46 Minutes 48 Seconds East with the West
distance of 100.00 feet to the PLACE OF BEGINNING and enclosing 4.102 acres of land.
152
Exhibit B
IMPC
NSPIRATION
Zoning Document
Development Standards Document
Including
Zoning Districts
Limitations
Development Thresholds
General Regulations
Site Design Standards
Parking Standards
Signage
Environmentally Sensitive Areas
Transportation
Definitions
Additional Standards
General Note: Except as clearly and specifically stated herein, the provisions
document are subordinate to all ordinances of general applicatiothe City of Denton,
Texas. The provisions of this document do not modify or amend a
City of Denton, and have no applicability whatsoever outside the
Planned Community. The terms of this document serve as limited ptions to the
general zoning standards of the City of Denton, only to the limi
herein, and are intended to be construed narrowly and restrictiv
exceptions to specific sections of any ordinance or land use staapply only to
the limited extent necessary to achieve the stated exception, an
such cited provisions that are not specifically excepted shall c
force and effect within the Inspiration Master Planned Community.
153
§ 35.5 shall be excepted as follows:
Only those uses listed in the tables below shall be permitted in
Inspiration MPC development in the areas so designated on the De
If there is a question as to whether a use not listed below is permitted, the Director of
Planning shall make a determination whether the use is permitted
Neighborhood Districts:
NR-1 Neighborhood Residential 1
Neighborhood Residential 1N
NR-1 (N)
NR-2 Neighborhood Residential 2
Neighborhood Residential 3
NR-3
NR-4 Neighborhood Residential 4
Neighborhood Residential 6
NR-6
NR-10 Neighborhood Residential 10
Neighborhood Residential 15
NR-15
NR-20 Neighborhood Residential 20
Permitted Uses:
The following uses and their accessory uses are permitted as contained in the use table
below:
Residential Land Use Categories
Agriculture P P P P P P P P P
Livestock IL N IL IL IL IL IL IL IL
(1)(1)(1)(1)(1)(1)(1)(1)
Single Family Dwellings P N P P P P P N N
Accessory Dwelling Units IL N IL IL IL IL IL N N
(2)(2)(2)(2)(2)(2)
Attached Single Family Dwellings N N N N N P P P P
Dwellings Above Businesses N N N N N N P P P
Live/Work Units P N P P P P P P P
Duplexes N N N N N P P N N
Community Homes For the Disabled P N P P P P P P P
Group Homes N N N N N N SUP SUP SUP
Multi-Family Dwellings N N N N N N P P P
Manufactured Housing
N N N N N N N N N
Developments
P = Permitted, N = Not Permitted, SUP = Specific Use Permit Required, IL = Limited
(X)
as defined on page 10.
154
Commercial Uses
Home Occupation P N P P P P P P P
Sales of Product Grown on Site N N N N N N N N N
Hotels N N N N N N N P P
Motels N N N N N N N N N
Bed and Breakfast N N N N N N N P P
Retail Sales and Service N N N N N N N IL IL
(3)(3)
Movie Theaters N N N N N N N N N
Restaurant or Private Club N N N N N N N IL IL
(4)(4)
Drive-through Facility N N N N N N N N N
Professional Services and Office N N N N N N N IL IL
(3)(3)
Quick Vehicle Servicing N N N N N N N N N
Vehicle Repair N N N N N N N N N
Auto and RV Sales N N N N N N N N N
Laundry Facilities N N N N N N N P P
Equestrian Facilities SUP N SUP N N N N N N
Outdoor Recreation P N P P P P P P P
Indoor Recreation N N N N N N N N N
Major Event Entertainment N N N N N N N N N
Commercial Parking Lots N N N N N N N N N
Administrative or Research Facility N N N N N N N IL IL
(5)(5)
Broadcasting of Production Studio N N N N N N N IL IL
(5)(5)
Sexually Oriented Business N N N N N N N N N
Temporary Uses IL IL IL IL IL IL IL IL IL
(6)(6)(6)(6)(6)(6)(6)(6)(6)
P = Permitted, N = Not Permitted, SUP = Specific Use Permit Requ = Limited
(X)
as defined on page 10.
155
Industrial Land Use Categories
Printing / Publishing N N N N N N N N N
Wholesale Bakeries N N N N N N N L L
(7)(7)
Manufacture of Non-odoriferous
N N N N N N N N N
Foods
Feed Lots N N N N N N N N N
Food Processing N N N N N N N N N
Light Manufacturing N N N N N N N N N
Heavy Manufacturing N N N N N N N N N
Wholesale Sales N N N N N N N N N
Wholesale Nurseries N N N N N N N N N
Distribution Center N N N N N N N N N
Wholesale Storage and Distribution N N N N N N N N N
Self-service Storage N N N N N N N N N
Construction Materials Sales N N N N N N N N N
Junk Yards and Auto Wrecking N N N N N N N N N
Kennels N N N N N N N N N
Veterinary Clinics N N N N N N P P P
Sanitary Landfills, Commercial
N N N N N N N N N
Incinerators, Transfer Station
P &
Gas Wells N N N N N N N N
IL(9)
P = Permitted, N = Not Permitted, SUP = Specific Use Permit Requ = Limited
(X)
as defined on page 10.
156
Institutional Land Use Categories
Basic Utilities P P P P P P P P P
Community Services P N P P P P P P P
IL IL
Parks and Open Space P P PP P P P
(10)(10)
Churches P N P P P P P P P
Semi-public, Halls, Clubs & Lodges N N N N N N P P P
Business / Trade School N N N N N N P P P
Adult or Child Day Care P N P P P P P P P
IL IL
Kindergarten, Elementary School P N P P P P P
(10)(10)
IL
Middle School N N N P P P P P
(10)
IL
High School N N N P P P P P
(10)
Colleges N N N N N N N N N
Hospital N N N N N N N N N
Elderly Housing N N N N N N N P P
Medical Centers N N N N N N N P P
Cemeteries N N N N N N N N N
Mortuaries N N N N N N N N N
P = Permitted, N = Not Permitted, SUP = Specific Use Permit Requ = Limited
(X)
as defined on page 10.
157
Mixed Use Districts:
MUND Mixed Use Neighborhood District
Mixed Use Community District
MUCD
MURD-E Mixed Use Regional District -Employment
Mixed Use Regional District - Commercial
MURD-C
Permitted Uses:
The following uses and their accessory uses are permitted as contained in the use tables
below:
Residential Land Use
Categories
Agriculture P P P P
Livestock
IL ILILIL
(1)(1)(1)(1)
Single Family Dwellings N N N N
Accessory Dwelling Units N N N N
Attached Single Family
P N N N
Dwellings
Dwellings Above Businesses P N N N
Live/Work Units P N N N
Duplexes N N N N
Community Homes For the
P P P P
Disabled
Group Homes SUP N N N
Multi-Family Dwellings P P N P
Manufactured Housing
N N N N
Developments
P = Permitted, N = Not Permitted, SUP = Specific
Use Permit Required, IL = Limited as defined on
(X)
page 10.
158
Commercial Uses
Home Occupation P N N N
Sales of Product Grown on Site N N N N
Hotels P P P P
Motels N N N P
Bed and Breakfast P P P N
Retail Sales and Service IL P IL P
(3)(5)
Movie Theaters P P N P
Restaurant or Private Club IL P P P
(4)
Drive-through Facility N P P P
Professional Services and Office IL P P P
(5)
Quick Vehicle Servicing N N N P
Vehicle Repair N N N P
Auto and RV Sales N N N P
Laundry Facilities P P P P
Equestrian Facilities N N N N
Outdoor Recreation P P P P
Indoor Recreation N P P P
Major Event Entertainment N P P P
Commercial Parking Lots N P P P
Administrative or Research Facility IL P P P
(5)
Broadcasting of Production Studio IL P P P
(5)
Sexually Oriented Business N N N N
Temporary Uses IL IL IL IL
(6)(6)(6)(6)
P = Permitted, N = Not Permitted, SUP = Specific
Use Permit Required, IL= Limited as defined on
(X)
page 10.
159
Industrial Land Use Categories
Printing / Publishing N P IL P
(8)
Bakeries IL P IL P
(7)(8)
Manufacture of Non-odoriferous Foods N N N N
Feed Lots N N N N
Food Processing N N N N
Light Manufacturing N N P N
Heavy Manufacturing N N N N
Wholesale Sales N N N N
Wholesale Nurseries N N P N
Distribution Center N N P N
Wholesale Storage and Distribution N N N N
Self-service Storage N N P N
Construction Materials Sales N N N N
Junk Yards and Auto Wrecking N N N N
Kennels N N N N
Veterinary Clinics P P P P
Sanitary Landfills, Commercial Incinerators, Transfer Station N N N N
Gas Wells N N N N
P = Permitted, N = Not Permitted, SUP = Specific
Use Permit Required, IL = Limited as defined on
(X)
page 10.
160
Institutional Land Use Categories
Basic Utilities P P P P
Community Services P P P P
Parks and Open Space P P P P
Churches P P P P
Semi-public, Halls, Clubs & Lodges P P P P
Business / Trade School P P P P
Adult or Child Day Care P P P N
Kindergarten, Elementary School P N N N
Middle School P N N N
High School P N N N
Colleges N P P P
Hospital N N N N
Elderly Housing P N N N
Medical Centers P P P P
Cemeteries N N N N
Mortuaries N P P P
P = Permitted, N = Not Permitted, SUP = Specific
Use Permit Required, IL = Limited as defined
(X)
on page 10.
161
§ 35.5.8 shall be excepted to provide the following additional l
to the zoning classifications and use designations defined by th
The following define the limitations to land uses when the use table identifies a use as
permitted, but limited.
IL(1) = Limited to two (2) animals on parcels one (1) to three (3) acr
Additional animals may be added at a rate of one per each acre o
IL(2) = Accessory dwelling units are permitted, subject to the following additional
criteria:
1. The proposal must conform to the overall maximum lot coverage an
requirements of the district.
2. The maximum number of accessory dwelling units shall not exceed
3. The maximum gross habitable floor area (GHFA) of the accessory residential
structure shall not exceed 50% of the GHFA of the primary reside
4. One additional parking space shall be provided that conforms to -street
parking provisions of the Denton Development Code.
IL(3) = Uses are limited to no more than 15,000 square feet of gross f
Uses may be larger with approval of an SUP.
IL(4) = Limited to sit down only, and no drive up service permitted.
than 6,000 square feet of restaurant area.
IL(5) = Uses are limited to no more than 10,000 square feet of gross f
may be larger with approval of an SUP.
IL(6) = Must meet the requirements of § 35.12.9 of the Denton Developm
Temporary Uses.
IL(7) = Bakery and bottling area areas not to exceed 2,500 square feet.
premises of products produced required in this zone.
IL(8) = If propose use is within 200 feet of a residential zone, appro
Specific Use permit.
IL(9) = Must comply with the provisions of Subchapter 22 of the Denton Develo
Code, Gas Well Drilling and Production. If the initial operatio
head), approval is subject to a Specific Use Permit.
IL(10) = No school sites or non-ESA open space / park land shall be developed abutting
to existing Robson Ranch single-family lots as shown below in Exhibit A.
162
Exhibit A Existing Robson Ranch Single Family Lots
163
§ 35.5 shall be excepted to establish the following thresholds f
DEVELOPMENT THRESHOLDS:
Maximum number of Single-Family Units 11,914
Average Single-Family Density 4.5 units per acre
Maximum number of Multi-family Units 3,408
Minimum Lot Sizes
Alley loaded Lots
Non-alley loaded Lot
A minimum of 12% of the total non-attached single-family lots shall be 10,000 square foot or larger.
Each phase of the single-family development shall contain a mixture of different lot widths cons
higher.
Single-family lots adjacent to existing or proposed single-family lots within the Robson Ranch Development
shall be of equal or greater size in width, depth and area.
House Sizes
1,600 square foot minimum
A minimum of 10% of the detached single family dwellings shall b.
A minimum of 10% of the detached single family dwellings shall be .
Perimeter fences shall be constructed around the perimeter of all residential sub
multifamily. The perimeter fences shall be owned and maintained by the POA. The perimeter fence design
and construction will be consistent within each subdivision or n
any building permit issued for a house construction. The perimeter fence construction may be phased in
accordance with an approved phasing plan for the development.
Single-family to Multi-family Ratio* 77.8% to 22.2%
A minimum of 2,500 single-family houses shall be constructed (permitted) prior to any mult-family units
being constructed.
*The Single-Family to multi-family ratio is based on maximum densities allowed within each z
districts.
§ 35.5 shall be excepted to establish the following additional r
exceptions with respect to the zoning classifications and use deons defined in
this document:
GENERAL REGULATIONS:
Density (dwelling units per
Maximum FAR Acreage
acre)
NR-1 1 n/a 214.8
NR-1 (N) 0 n/a 74.7
NR-2 2 n/a 475.2
NR-3 3.5 n/a 163.6
NR-4 4 n/a 728.2
NR-6 6 n/a 841.6
NR-10 10 n/a 221.7
NR-15 15 n/a 63.7
NR-20 20 n/a 62.7
164
MUND 20 (maximum of 200 units) 0.75 33.2
MUCD 20 (maximum of 300 units) 0.75 62.4
MURD-C 20 (maximum of 700 units) 1.5 205.3
MURD-E 0 0.75 183.5
GR:
ENERAL EGULATIONS
Single-Family Setbacks/Standards Matrix Per Lot Range or Building Type
Detached Single-Family Homes
5,000 S.F. Minimum Lot- Alley Loaded Lots
Maximum Building Height
Maximum Lot Coverage 50%
Minimum Lot Width at Building Line
Minimum Lot Width at Corner Lots
Minimum Setbacks:
Front to Living Area
Front to Porch
Front to Garage n/a
Side to Living Area
Side to Living Area at Corner Lots
Side to Porch
Rear to Living Area
Rear Living Area Over Garage
allowed to encroach into setback
Rear Alley Edge to Face of Garage
Note: All setbacks are measured from right-of-way or lot lines unless noted otherwise.
5,000 to 5,999 S.F. Lots - Conventional Lots
Maximum Building Height
Maximum Lot Coverage 50%
Minimum Lot Width at Building Line
Minimum Lot Width at Corner Lots
Minimum Setbacks:
Front to Living Area
Front to Porch
Front to Garage
Front to Swing in Garage*
Side to Living Area
Side to Living Area at Corner Lots
Side to Porch
Rear to Living Area
Note: All setbacks are measured from right-of-way or lot lines unless noted otherwise
165
6,000 to 6,999 S.F. Lots - Conventional Lots
Maximum Building Height
Maximum Lot Coverage 50%
Minimum Lot Width at Building Line
Minimum Lot Width at Corner Lots
Minimum Setbacks:
Front to Living Area
Front to Porch
Front to Garage
Front to Swing in Garage
Side to Living Area
Side to Living Area at Corner Lots
Side to Porch
Rear to Living Area
Note: All setbacks are measured from right-of-way or lot lines unless noted otherwise.
7,000 to 9,999 S.F. Lots- Conventional Lots
Maximum Building Height
Maximum Lot Coverage 45%
Minimum Lot Width at Building Line
Minimum Lot Width at Corner Lots
Minimum Setbacks:
Front to Living Area
Front to Porch
Front to Garage
Front to Swing in Garage
Side to Living Area
Side to Living Area at Corner Lots
Side to Porch
Rear to Living Area
Note: All setbacks are measured from right-of-way or lot lines unless noted otherwise.
166
10,000 S.F. or Larger Lots- Conventional Lots
Maximum Building Height
Maximum Lot Coverage 40%
Minimum Lot Width at Building Line
Minimum Lot Width at Corner Lots
Minimum Setbacks:
Front to Living Area
Front to Porch
Front to Garage
Front to Swing in Garage
Side to Living Area
Side to Living Area at Corner
Side to Porch
Rear to Living Area
Note: All setbacks are measured from right-of-way or lot lines unless noted otherwise.
167
Attached Single-Family Homes
Attached Row Townhomes
Maximum Building Height
Building Separation:
Living Space to Living Space - at Central Green
Court
Living Space to Living space at Green Court
Front to Side
Side to Side
Opposing Porches, Garden Walls, Balconies
Opposing Entries - Door to Door
Minimum Setbacks:
Note: All setbacks are measured from right-of-way or lot lines unless noted otherwise.
Living Space
Porch, Balcony
Minimum Setbacks/Building Separation at Alley:
Garage Face to Face
Garage Face to Alley (Drive Apron)
Living Space to Living Space
Living Space Over Garage
of garage allowed to encroach into setback
Minimum Private Open Space Per Unit:
Ground Unit 150 s.f.
Note: Front of buildings face street or green court.
Note:
Central Green Court and Green Court are open space areas that serve as common
outdoor space for the adjoining units. The units typically have
patio and a large entry porch facing the green court areas or si
the green court areas. Central Green Court and Green Court are maintained by an
HOA.
168
Attached Multifamily
Maximum Building Height
Building Separation:
Living Space to Living Space - at Central Green
Court
Living Space to Living Space at Green Court
Front to Side
Side to Side
Opposing Porches, Garden Walls, Balconies
Opposing Entries - Door to Door
Minimum Setbacks:
Note: All setbacks are measured from right-of-way or lot lines unless noted otherwise.
Living Space
Porch, Balcony
Minimum Setbacks/Building Separation - at Alley:
Garage Face to Face
Garage Face to Alley (Drive Apron)
Living Space to Living Space
Living Space Over Garage face of garage allowed to encroach into
setback.
Minimum Private Open Space Per Unit:
Ground Unit 150 s.f.
Upper Story 100 s.f.
Parking: Per Zoning Ordinance
Note: Front of buildings face street or green court.
Note: Central Green Court and Green Court are open space areas that serve as
common outdoor space for the adjoining units. The units typical
atrium / patio and a large entry porch facing the green court ar
connecting to the green court areas. Central Green Court and Green Court are
maintained by an HOA.
169
Zoning District MUND MUCD MURD-C MURD-E
None None None
Min. Front Setback
Min. Side Setback
Min. Side yard adjacent to a
None None None
street
Min, Rear Setback None None None
85% 80% 80% 85%
Max. Lot Coverage
Min. Landscape Area 15% 20% 20% 15%
foot for foot for foot for each foot for each
each foot of each foot of foot of foot of
Min Setback Adjacent to SF
building building building building
height height height height
above 20 above 20 above 20 above 20
feet feet feet feet
2,500 2,500 2,500 2,500
Min Lot area (Sq. Ft.)
Min. Lot width
Min. Lot depth
170
LANDSCAPE AND TREE CANOPY REQUIREMENTS:
Landscape and tree canopy requirements shall comply with §35.13.
Development Code with the following exceptions:
The Landscape and Tree Canopy Requirement Table on page 13-14 of the DDC is
excepted as follows:
Inspiration Landscape and Tree Canopy Requirements
Percent Percent
Inspiration Districts Landscape Tree
Area Canopy
-
Mixed Use Neighborhood District 15% 30%
MUND
-
MUCD Mixed Use Community District 20% 25%
-
Mixed Use Regional District - Employment 15% 20%
MURD-E
-
MURD-C Mixed Use Regional District - Commercial 20% 30%
-
NR-1 Neighborhood Residential 1 60% 40%
-
Neighborhood Residential 1N N/A 0*
NR-1 (N)
- 40%
NR-2 Neighborhood Residential 2 55%
- 40%
Neighborhood Residential 3 50%
NR-3
- 40%
NR-4 Neighborhood Residential 4 50%
- 40%
Neighborhood Residential 6 50%
NR-6
-
Neighborhood Residential 10 40% 45%
NR-10
-
NR-15 Neighborhood Residential 15 40% 45%
-
Neighborhood Residential 20 25% 40%
NR-20
*
Subject to landscape regulations of § 22 of the Denton Development Code, Gas Well Drilling and
Production.
STREET TREE REQUIREMENTS:
35.13.7.C. Street Tree Requirements are excepted as follows:
35.13.7.C.1 Street Tree Plan. All development shall be required to submit a
master street tree plan with the submission of a preliminary pla
number, and species of trees to be used within the development.
35.13.7.C.3.a.i. Single Family Residential spacing of street trees within
single-family residential developments shall be conducted as follows:
(a) A minimum of one street tree in the right-of-way for each home site.
171
(b) Plant a minimum of one street tree in front and two street trees
side right-of-way for each corner home site yard (three parkway street
trees total for each corner lot).
(c) Provide an average tree spacing of 40 to 45 feet on center. Clu
or variations in spacing may occur in some neighborhoods or stre
depending on mature canopy size of selected tree species.
35.13.7.C.3.a.ii. Multi-Family Residential, Townhome and Non-residential
Developments spacing of street trees within multi-family residential,
townhome or non-residential developments shall be one (1) tree for every 40 to
45 linear feet of street frontage. Clustering or variations in spacing may occur in
some neighborhoods or streets depending on mature canopy size of
species.
35.13.7.C.3.b.iii. Street lighting street lighting instruments shall be installed
according to the design criteria of the City of Denton. Individu
instruments may be substituted in the place of individual street
reduce tree/instrument conflict.
35.13.7.C.3.b.iv. Within planting strip/parkway all street trees shall be
planted within the centerline of the planting strip/parkway runn
between the curbline and sidewalk.
35.13.7.C.3.b.v. Root Barrier System spacing requirements from utilities may
be reduced at the discretion of the Development Review Committee Chair with
a street tree plan submitted and approved which would include th
root barrier systems approved by the Utility Department including
Water/Wastewater and DME
ACCESS, PARKING AND CIRCULATION REQUIREMENTS:
§35.13.10 - Access, Parking and Circulation Requirements:
35.13.10.A.3 shall be excepted to read as follows:
Transit Amenities. Transit amenities, bus shelters, and pullouts shall be provided
as required under Subchapter 20 (Transportation) of the Denton Development Code.
35.13.10.B.1.c shall be excepted to read as follows:
Parking lots with 150 spaces or more shall be divided into separ
divided by landscaped areas or walkways at least 10 feet in widt
or group of buildings
35.13.10.B.1.d shall be excepted to read as follows:
d. Permeable paving is not required, but may be employed, for those surface
parking spaces that exceed the number of parking spaces required
additional parking space that exceeds the number of parking spacrequired:
(1) 100 sq ft of parking lot tree canopy above and beyond the minimu
required, and/or
172
(2) 10% of additional parking lot open space shall be provided in the par
lot, (10% of the additional parking space(s) and required maneuv
space area) and/or
(3) The equivalent amount of open space (i.e. 1,000 sq. ft. excess p
1,000 excess open space above and beyond minimum required) shall be
35.13.10.B.2.a shall be excepted to read as follows:
Parking lots with 150 spaces or more shall provide adequate pede
within the site. Pedestrian walkways shall be directly linked to entrances and the
internal circulation of the building(s).
35.13.10.C.1.c shall be excepted to read as follows:
The tree species shall be an appropriate shade tree and shall be
Tree List in the City of Denton Site Design Criteria Manual.
35.13.10.C.2 shall be excepted to read as follows:
Parking between the building and the street.
a. Unlimited rows of parking between the building and the street is
the MURD-C and MURD-E districts, in the MUCD district only abutting to
Robson Ranch Road or FM2449 (Future Loop 288) and if abutting to-35
providing:
i That the perimeter parking is screened by any combination of:
(a)
(b) fence with
(c)
on 3 maximum side slopes, and/or
1 Landscape area must contain one large tree for every 40 linear
feet. A minimum of 3 small accent trees clustered every 30 linear
tree requirement.
(d)
on 3 maximum side slopes with a vegetative screen for a combined
1 Landscape area must contain one large tree for every 40 linear
feet. A minimum of 3 small accent trees clustered every 30 line
tree requirement.
173
ii That the parking area between the building and the street receive:
(a) An additional 5% tree canopy above and beyond the 15% required
(for a total of 20%). Additional canopy coverage cannot be credited
towards other canopy requirements.
(b)An additional 3% open space above and beyond the 7% required (for
a total of 10%). Additional open space cannot be credited towar
other open space requirements
(c) Parking lots shall provide interior planting islands between par
spaces at an average of every 10 parking spaces to avoid long roof
parked cars. The planting islands shall be a minimum of 153 squa
feet and be protected by a 6-inch high curb on all sides and a 12-inch
wide concrete step-off area adjacent to parking spaces. A large tree
shall be planted within this planting island.
b. A maximum of two rows of parking between the building and the st
permitted in all districts, except as identified in 3.c. above,
i That the perimeter parking is screened by any combination of:
(a)
(b) ular steel / wrought iron style fence with
masonry columns evenly spaced approximately 40,
(c)
1 Landscape area must contain one large tree for every 40 linear
feet. A minimum of 3 small accent trees clustered every 30 linear
tree requirement.
(d) That the parking area between the building and the street receiv
1 An additional 5% tree canopy above and beyond the 15%
required (for a total of 20%). Additional canopy coverage cannot
be credited towards other canopy requirements.
2 An additional 3% open space above and beyond the 7% required
(for a total of 10%). Additional open space cannot be credited
towards other open space requirements.
3 Parking lots shall provide interior planting islands between
parking spaces at an average of every 10 parking spaces to avoid
long rows of parked cars. The planting islands shall be a
minimum of 153 square feet and be protected by a 6-inch high
curb on all sides and a 12-inch wide concrete step-off area
adjacent to parking spaces. A large tree shall be planted within
this planting island.
174
SITE DEVELOPMENT REQUIREMENTS:
35.13.13 Site Development Requirements.
35.13.13.1.A shall be excepted to read:
4.
35.13.13.1.A shall be excepted to add the following:
8. Second story decks or balconies.
9. Carriage style garage doors
35.13.13.1 shall be excepted to read:
C. Houses with the same façade (represented by
separated by a minimum of three lots
J. 100% of the surface area of the front side of the residential st
excluding dormers, gables, porches, windows, doors, and bay wind
be masonry. The total percentage of masonry on the entire resid
structure, excluding dormers, gables, porches, windows, doors, shudders and
bay windows, shall be a minimum of 80%. Masonry includes brick,
stucco. The balance of the net exterior wall may be wood clapbo
wood beaded siding, stucco, masonry, HDO board or other high quality
material (as determined by the Building Official) customarily us
building and neighborhood style.
K. The minimum square footage of detached single-family dwellings shall be
1,600 square feet.
L. A minimum of 10% of the detached single family dwellings shall be a 2,000
square feet or larger.
M. A minimum of 10% of the detached single family dwellings, above
beyond the requirement identified above, shall be a minimum of 2
feet.
175
N. Garage access shall not be from a primary or side street when alley access is
available.
O. Each detached single-family dwelling shall have a 2-car enclosed garage.
MULTI-FAMILY DWELLINGS:
35.13.13.2 Multiple Unit Residential Dwellings and Multi Family
excepted to read as follows
35.13.13.2.A.1 shall be excepted to read as follows:
Orientation requirements for all multi-unit buildings except in MUND Zoning
Districts:
35.13.13.2.A.1.d shall be excepted from application
35.13.13.2.A.1.e shall be excepted from application
35.13.13.2.B.2 shall be excepted to read as follows:
100% of the surface area of the front side of the structure, exc
gables, porches, windows, doors, and bay windows, shall be mason
percentage of masonry on the entire residential structure, excluing dormers,
gables, porches, windows, doors, and bay windows, shall be a min
Masonry includes brick, stone, or stucco. The balance of the ne
may be wood clapboard siding, wood beaded siding, stucco, masonr
or other high quality material (as determined by the Building Official)
customarily used for the building and neighborhood style
176
NONRESIDENTIAL & MIXED USE BUILDINGS:
35.13.13.3 Nonresidential and Mixed Use Buildings are excepted a
Non-residential buildings or mixed-use buildings and their lots (Those that combine non-
residential and residential uses) not in a MUND Zoning District and their lots shall
comply with the following standards.
35.13.13.3.B.2 shall be excepted to read as follows:
100% of the surface area of the front side of the structure, excluding d
gables, porches, windows, doors, and bay windows, shall be mason
percentage of masonry on the entire residential structure, exclu
gables, porches, windows, doors, and bay windows, shall be a minimum of 80%.
Masonry includes brick, stone, or stucco. The balance of the ne
be wood clapboard siding, wood beaded siding, stucco, masonry, H
other high quality material (as determined by the Building Official) customarily
used for the building and neighborhood style.
35.13.13.3.C. shall be excepted from application.
35.13.13.4 shall be excepted to read Nonresidential and Mixed Us
a MUND Zoning District and shall be excepted as follows:
Design standards non-residential buildings or mixed-use buildings (Those that
combine non-residential and residential uses) in a MUND district and their l
177
PARKING STANDARDS:
35.14.4 Parking Standards shall be excepted as follows:
35.14.4.A.3 shall be excepted as follows:
Clubs, lodge halls, union halls - 1 for each 200 square feet of gross floor area.
35.14.4.A.4 shall be excepted as follows:
Motels and hotels - 1 for each guest unit, plus additional parking as required for
accessory uses
35.14.4.A. shall be excepted to provide the following additional parking
requirements:
1.5 for each dwelling unit
Timeshare condominiums and timeshare hotels -
35.14.4.B.1 shall be excepted as follows:
Motor vehicle sales and automotive repair shops - 1 per 400 square feet of gross
floor area
35.14.4.B.2 shall be excepted as follows:
Bowling lanes and billiard halls - 5 for each hall, alley, 2 for each billiard table
contained therein
35.14.4.B.3 shall be excepted as follows:
Retail stores
- 1 for each 200 square feet of
General, except as otherwise specified herein
gross floor area
Discount department stores - 1 for each 125 square feet of gross floor area
- 1 for each 500 square feet of gross floor area
Furniture and appliances
35.14.4.B.5 shall be excepted as follows:
Offices:
- 1 for each 250 square feet of
General, professional and administrative
gross floor area
- 1 for each 150
Medical clinics or offices; veterinary hospitals and clinics
square feet of gross floor area
1
Banks, savings & loans, credit unions and other financial institutions -
for each 300 square feet of gross floor area
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35.14.4.B.6 shall be excepted as follows:
Restaurants, drive-ins, cafes, nightclubs, taverns, lounges or other
establishments for the sale and consumption on the premises of food and
One (1) parking space for each 100 square feet of gross floor area
beverages
(including outdoor serving areas) up to 4,000 square feet, plus
feet of gross floor area over 4,000 square feet. A minimum of 10 parking spaces are
required.
35.14.4.B.7 shall be excepted as follows:
Skating rinks, ice or roller - 1 for each 250 square feet of gross floor area, plus the
spaces required for additional uses on site
35.14.4.B.8 shall be excepted as follows:
Auditoriums, theaters (not including cinemas), sports arenas, st-
1 for each 3 seats or 1 for each 35 square feet of gross floor a
are no fixed seats
1 for each 3 seats plus 1 spaces for employees
Cinemas -
35.14.4.B shall be excepted to provide the following additional parking
requirements:
5 for each
Automobile washing and cleaning establishment, except self-service -
2 washing stalls
2 for each barber chair and 3 for each beautician
Barbershops or beauty parlors -
Dance halls - 1 for each 7 square feet of dance floor area, plus 1 for each 35
feet of additional gross floor area
Handball/racquetball facility - 1.5 for each court plus the spaces required for
additional uses on the site
Health studios and spas - 1 for each 150 square feet of gross floor area (swimming
pool area shall be counted as floor area)
Laundry or dry cleaning establishments, solely coin operated - 1 for each 3
machines
Lumberyards - 1 for each 500 square feet of gross floor area for retail sales, plus 1
for each 1,000 square feet of open area devoted to display or sa
employees
Mortuaries and funeral homes - 5 plus 250 square feet if usable and accessible
paved parking area for every 25 square feet or fraction thereof of assembly room
floor area
Shopping centers - 1 for each 250 square feet of gross floor area (regional
shopping centers may require additional parking and will be eval-by-
case basis)
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Stables, commercial - Sufficient area, treated to prevent dust, to provide for the
needs of customers and employees, but not less than 1 accessible
horses kept on the premises
Swimming pools, commercial - 1 for each 500 square feet of gross enclosed area,
plus the spaces required foradditional uses on the site
Tennis clubs, commercial - 3 for each court, plus the spaces required for additional
uses on the site
35.14.4.C.1 shall be excepted as follows:
Industrial uses of all types except a building used exclusively
purposes - 1 for each 500 square feet of gross floor area.
35.14.4.C.2 shall be excepted as follows:
Warehouses, storage building or structures used exclusively for -
1 for each 1,000 square feet of gross floor area for storage pur
Wholesale establishments and warehouses not used exclusively for
storage - 1 for each 500 square feet of gross floor area, excluding that a
devoted to offices or sales, plus 1 for each 250 square feet of
area
35.14.4.C.3 shall be excepted as follows:
Public utility facilities, including but not limited to electric
telephone and telegraph facilities not having business offices o-
1 for each 2 employees in the largest shift, plus 1 for each veh
connection with the use. A minimum of spaces shall be provided for ea
regardless of building space or number of employees
35.14.4.D.1 shall be excepted as follows:
Day nurseries, including pre-schools and nursery schools - 2 for each 3
employees and teachers plus 1 loading space for every 8 children.
35.14.4.D.2 shall be excepted as follows:
Churches, temples and other places if assembly not specified els - 1 for
each 3 fixed seats within the main auditorium or for every 35 sqing
area within the main auditorium where there are no fixed seats;
bench shall be considered a fixed seat
35.14.4.D.3 shall be excepted as follows:
Golf Courses
Driving ranges - 1 per tee, plus the spaces required for additional uses on the
site
Pitch and putt and miniature golf courses - 3 per hole, plus requirements
for accessory uses.
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Regulation course - 8 per hole, plus the space required for additional uses on
the site
35.14.4.D.4 shall be excepted as follows:
Hospitals -1.75 for each patient bed.
35.14.4.D.5 & 6 shall be excepted as follows:
homes and sanitariums - 1 for every 4 beds in accordance with the resident
capacity of the home as listed on required license or permit
5.14.4.D.7 shall be excepted as follows:
Schools, elementary and junior high - 1.5 for each classroom
5.14.4.D.8 shall be excepted as follows:
Senior high schools - 1 for each member of the faculty and each employee, plus 1
for each 6 full-time equivalent students regularly enrolled
5.14.4.D.9 shall be excepted as follows:
Colleges, universities and institutions of higher learning -1 for each 3 full-time
equivalent students, plus 1 for each 2 faculty and employee memb
35.14.4.D shall be excepted to provide the following additional parking
requirements:
Libraries - 1 for each 300 square feet of gross floor area
Trade schools, business colleges and commercial schools - 1 for each 3 student
capacity of each classroom plus 1 for each faculty and employee member
181
SIGNAGE STANDARDS:
Signage standards and procedures shall be the same as for DDC Su-chapter 15, except
as noted below:
35.15.17.5 of the Denton Development Code shall be amended to include the
following graphic exception for effective area of signs within Single-family
(including townhouses) and Multi-family districts.
EXCLUDED FROM
EFFECTIVE AREA
Signage on Perimeter Fencing & Entry Monuments
182
ENVIRONMENTALLY SENSITIVE AREAS:
Requirements for Environmentally Sensitive Areas shall be the same as for DDC Sub-
chapter 17, except as noted below:
35.17.8.A.1 shall be excepted to read as follows:
Up to 10% of the area may be disturbed for private and non-private yard
structures including but not limited to: gardens, yards, trails, and clearings, but
which are no closer than 25 feet from the stream bank or riparia
disturbance is permitted in delineated wetlands.
35.17.9.A.1 shall be excepted to read as follows:
The residential development shall be designed to retain an overall minimum fifty-
five percent (55%) tree canopy, which shall remain predominantly
state. Non-residential development may remove any or all of the Upland Habi
The four areas containing upland habitat (identified on the Environmentally
Sensitive Area Map, Exhibit 5) total approximately 264.2 acres a
retained as depicted below:
Upland Habitat Existing Proposed Percentage
Area Acreage Acreage Retained
A 136.3 56.0 41%
B 26.2 18.3 70%
C
98.7 73.0 74%
(Pilot Knob)
D 3.0 3.0 100%
Total 264.2 150.3 56.9%
35.17.9.A. shall be excepted to add the following:
1.
See Exhibit B.
i. Trails in upland habitat areas must be pervious
2. Overlooks, to the extent that tree removal is minimized.
3. Benches
4. Historic Markers
5. Trees 4" d.b.h. or larger located within Upland Habitat areas and proposed to
be removed will required staff approval.
183
Exhibit B Road Sections with Trails
184
35.17.12 shall be excepted to read as follows
In the event that the Developer wants to propose impacts to the
following provisions shall apply. These provisions apply only to
ESA impacts and mitigation. Any other deviations from the Denton Development
Code must be addressed in accordance with the procedures for an
Development Plan (ADP), in conformance with Section 35. 13.5.
1. Mitigation of any ESA disturbance will be allowed subject to app
any ESA Mitigation Plan including any one or combination of the following
measures:
a. Enhancement of existing ESA's within the Inspiration MPC at a 2:
of enhanced ESA to original ESA. Enhancement shall be defined as
providing additional vegetative plantings to an existing ESA for the
purposes of increasing the ecological quality in exchange for th
loss of net ESA land. Enhancement of existing environmentally se
areas must bring the natural habitats enhanced to at least the s
as the ESAs removed. Priority for enhancement shall be given to
environmentally sensitive areas for which quality was determined
"poor" or "fair" in the ESA Assessment documents approved by the
Planning Director. For example, if one acre of existing ESA were
removed, then under the enhancement option, the developer would be
required to enhance the plantings in two acres of existing ESA.
example would result in the net loss of one acre of ESA land are
b. Relocation of the ESA to protected open space areas outside the original
ESA areas on an acre-for-acre basis. Relocation shall be defined as
replacing the original ESA, as closely as possible with respect
vegetative planting, hydrology and land area. For example, if on
ESA were removed, then under the relocation option, the developer
would be required to construct a new one acre ESA in an open spa
location outside of any existing ESA. This example would result
loss of ESA land area.
c. Implementation of best management practices addressing impacts to
ecological functions and water quality.
Mitigation of any impacts to USCE jurisdictional areas will also
mitigation for any impacts to ESAs that fall within the same imp
2. ESA Mitigation Plan Requirements
An ESA Mitigation Plan shall include the following specific items:
a. Delineation of existing ESAs based on an approved ESA Review and
ESA Assessment.
b. Overlay of proposed development activity necessitating the need
impact the existing ESAs.
c. Delineation of ESAs impacted, including a chart with each impact area
numbered or lettered and an acreage or square footage calculatio
respective impacted area.
185
d. Construction plans and details for the implementation of the ESA
Mitigation Plan, including plans for grading, planting, erosion control and
irrigation (temporary or permanent).
e. Specifications for construction methods and materials.
f.A Mitigation Plan Summary Table providing calculations that
demonstrate the appropriate mitigation ratio of enhanced or repl
to existing ESA.
g. An Inspection Schedule for the proposed improvements consistent
the type of improvements being proposed, and allowing sufficient
for city staff inspection.
h. A summary of all impacted ESAs approved by the Planning Director
3. ESA Mitigation Plan Process
a. An ESA Mitigation Plan will be submitted to the City for review
concurrent with an application for preliminary plat for resident
subdivision uses or with an application for a site plan or final
non-residential uses and for vertically integrated mixed uses.
b. Upon determination that the ESA Mitigation Plan is in conformanc
the Denton Development Code and the Inspiration MPC Development
Standards, the Director of Planning and Development will approve the
ESA Mitigation Plan subject to any applicable conditions of approval.
c. The Developer may appeal any non-approval action by the Director of
any ESA Mitigation Plan to the Planning and Zoning Commission in
accordance with Section 35.3.7.
d. The Developer may proceed with construction of the development
project, including the mitigation improvements, upon the approva
ESA Mitigation Plan, posting of a cash bond, surety bond or lett
credit in an amount equal to 100% of the estimated cost of the p
and any other approvals and permits required by the Denton Development
Code appropriate for the particular development project.
e. The mitigation improvements will be inspected by City Staff duri
construction period in accordance with the Inspection Schedule d
above and must be deemed substantially complete in accordance wit
approved plans by the Director of Planning an Development prior
issuance of building permits for residential projects (except fo
homes) and prior to certificate of occupancy for non-residential projects.
4. ESA Mitigation Standards
The standards by which any mitigation plan will be reviewed for
be dependent on the type of ESA being impacted and whether replacem
enhancement of the impacted ESA is being proposed.
a. The following general guidelines will apply to all Inspiration E
any proposed impacts and subsequent mitigation:
(1) All development plans and plats shall use best efforts to avoid
186
minimize impacts to ESAs to the extent practical within the contf
a master planned community.
(2) The total aggregate of impacted ESA acreage shall not exceed 25% of
the baseline 805 acres of existing ESA (exclusive of Upland Habi
on the Inspiration MPC as a result of residential or commercial
development. Impacts to ESAs by or on behalf of federal and state
entities and public utilities, as defined in Subchapter 23 of th
shall not apply to the 25% maximum acreage impact.
(3) Proposed mitigation for ESA impacts shall generally be in-kind and
located within the Inspiration MPC area.
(4) Proposed mitigation for ESA impacts shall take into consideratio
resulting ecological function of the remaining area and water qu
associated with storm water runoff resulting from any net loss o
ESA.
b. The following mitigation standards shall apply to any impacts to ESAs
within an undeveloped floodplain, riparian buffer or water relat
(1) Mitigation of impacts shall be accomplished by a) replacement of
ESA, b) enhancement of an existing ESA or open space area, or c)
combination of both.
(2) ESAs shall be replaced on an acre-for-acre basis, determined by an
inventory of hydrology, ground cover, shrubbery and trees within
area of impact, prior to the area being disturbed. Replaced ESA
vegetation may exceed the amount of original vegetation for the area,
but in no case be less than originally existed. All replacement
shall be a minimum of 2" caliper and shrubs shall be a minimum o
one gallon container or caliper equivalent. The species of repla
trees, shrubs and ground cover shall be similar to the vegetation being
replaced, with a deliberate effort being made to produce a susta
environment free of undesirable plant materials, consistent with
City's Native Plant List. Replacement streams shall have substantially
the same hydrology and at least the same overall length as the o
stream.
(3) In the event that new information, approved by FEMA and the City
Denton, indicates an increase in floodplain area, the increased
shall not be considered ESA floodplain and shall not be subject to
mitigation requirements. The 805 acres of environmentally sensit
areas shall prevail as the baseline condition to determine mitig
and maximum ESA impacted areas. However if ESA assessment(s)
determines a reduction in ESA area, then the baseline shall be reduced
accordingly based on the new information.
(4) Enhancement of other existing ESAs or open space areas for
mitigation of ESA impacts shall be provided on a minimum 2:1 rat
of enhancement to original ESA acreage. The 2:1 ratio shall apply to
the acreage being impacted and mitigated. All enhancement trees
shall be a minimum of 2" caliper and shrubs shall be a minimum o
187
one gallon container or caliper equivalent. The species of
enhancement trees, shrubs and ground cover shall be the same as
practical to the vegetation being replaced with a deliberate eff
being made to produce a sustainable environment free of undesira
plant materials, consistent with the City's Native Plant List.
5. ESA Mitigation Monitoring and Reporting
The Developer will prepare an annual report each year for three
years, beginning 12 months following the commencement of the
implementation of an ESA Mitigation Plan, for the purposes of de
cumulative construction work that has been performed as of the reporting
period, and to report on the current survivability of the planti
annual reports will be submitted to the city for review and insp
Developer shall provide security for the survivability of mitigated trees and
other plantings, in the form of currency, bond, or letter of credit, in the same
manner otherwise applicable to tree mitigation under §35.13.7.A.7 of the
DDC, and related criteria manual standards,
6. ESA Planting Survivability and Replacement
Upon completion of the three-year monitoring and reporting period, the City
shall inspect the plantings and determine whether ninety percent
plantings are healthy and have a reasonable chance of surviving
Upon such a finding, the City shall release the currency, bond or letter of
credit. In the absence of such a finding, the Applicant shall be
replace any unhealthy or dead plantings. If the applicant does n
remedial steps to bring the property into compliance, the City shall make
demand for payment on the cash bond, surety bond, or letter of credit. The City
may use all legal remedies to enforce this provision in addition to making
demand on the security provided herein.
188
TRANSPORTATION:
Transportation standards and procedures shall be the same as for the DDC Sub-chapter
20, except as noted below:
35.20.2.G.3 shall be excepted to read as follows:
Block Width. Double fronted lots shall be avoided except where
provide separation of residential development from major traffic
adjacent nonresidential activities or to overcome specific disad
topography and orientation. Through lots shall have a minimum average depth of
one hundred (100) feet.
DEFINITIONS:
Definitions shall be the same as for the DDC Sub-chapter 23, except as noted below:
35.23.2. shall be excepted to read as follows:
Lot, Double Frontage: A lot having frontage on one two nonintersecting streets,
as distinguished from a corner lot.
189
ADDITIONAL STANDARDS
The following additional standards shall apply in the Inspiratio
Community and constitute exceptions to any lesser conflicting stard:
PARK LAND DEDICATION
The Inspiration MPC will be required to dedicate park land to th
according to the requirement found in the Park Land Dedication O98-
039. The park land dedication will be calculated by each development phase. Any
open space or park area not dedicated to the City of Denton will be owned and
maintained by the Inspiration homeowners association as required
Inspiration MPC ordinance.
POA REQUIREMENT
One or more Property Owner Associations (POA) shall be established. The POA
will be responsible for the maintenance of all common property n
the City of Denton.
Documents establishing the POA must be submitted as part of the
application, providing for the maintenance, repair, and/or replacement
obligations of the POA for private roads, alleys, gates, perimeter and common
fences, street lighting, drainage items and/or other like held f
common areas, there appurtenances and/or other associated ancill
improvements, shall be incorporated into the final plat.
a. The POA must provide for the power to file a lien, to foreclose, or to
otherwise secure payment from property owners concerning the maintenance,
repair and replacement, in part or in whole, of all privately held common
areas, including but not limited to, drainage items, street ligh
appurtenances and or other associated ancillary items.
b. The Association documents must be submitted to, reviewed by an a
by the city attorney prior to the final plat approval.
c. The property owners Association may not be dissolved, nor may de
restrictions and covenants providing for maintenance of common areas be
deleted or amended, without prior written consent of the City Council of the
City of Denton, by way of plat amendment.
d. The final plat and restrictive covenants shall contain language
Property Owners Association, as owner of various private improvements
within a private street, lot or easement, agrees to release, indemnify, defend
and hold harmless the city from claims and suits for property damage or bodily
injury (including death) arising from the condition, use our operation of any
privately owned streets or facilities.
190
ARCHITECTURAL STANDARDS.
The applicant shall establish architectural standards including but no
Ornamental Details
1. Decorative elements such as balconies, chimneys, gable vents, ext
lighting, and shutters shall appear as functional elements, and
style of the home.
2. Shutters do not need to be operable, but shall be sized so that
shutters match the window width.
3. Gable vents are traditional, historic-based details and shall be designed to
reflect the character of each architectural style. Gable vents imilar
design details shall be treated to look like functioning, actual
(whether they are functioning or not). The details must also be
in the roof gable.
4. Exterior light fixtures shall be appropriately selected to enhan
architectural style of the home.
These standards shall be governed by an HOA (Home Owners Associa
similar organization.
AVIGATION EASEMENT
The applicant shall dedicate an avigation easement to the City o
required component of final plat approval, approved as to form by the city
attorney, conveying to the City of Denton an unobstructed right-of-way for the
passage of all aircraft and rights to cause within such easement
vibration, fumes, just, fuel particles and all other effects thabe caused the
operating or aircraft landing at, taking off from, or operating
Municipal Airport.
The easement will be applicable to any lot of the Property that
partially within the Airport Compatibility Land Use District 2 (ACLUD2) zone
as described in Subchapter 35.7.4
Denton Municipal Airport Overlay District in the Denton Developm
avigation easement will be shown on preliminary plats and all fi
AIRPORT COMPATIBILITY LAND USE DISTRICT
In addition to providing an avigation easement as described abov
uses within Airport Compatibility Land Use District 2 will meet
Mitigation Standards provided in Subchapter 35.7.4.12. The Noise
Standards.
191
Exhibit C
192
193
AGENDA INFORMATION SHEET
AGENDA DATE:
June 17, 2008
DEPARTMENT:
Planning and Development
ACM:Fred Greene
SUBJECTCA08-0002(Public Safety Training Facility)and CA08-0003 (Fire Station #7)
-
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
adoption of amendment is on 88.54 acres of land located at the southwest corner of Vin
Boulevard and Bonnie Brae Street, and is legally described as Ex
Denton County, Texas; Providing for a penalty in the maximum amo$2,000.00 for
violations thereof, severability and an effective date (CA08-0002 & CA08-0003). The Planning
and Zoning Commission recommends approval of this Comprehensive
CA08-0002 (5-0) and CA08-0003 (6-0).
BACKGROUND
Applicant: City of Denton, Facilities Management Denton, TX
The subject property is within a Planned Development District (PD-139, The Vintage) and a
Neighborhood Residential Mixed Use (NRMU) zoning district and is undeveloped except for
existing Fire Station #7. The applicant is proposing the develop-serving
public safety training facility which the existing future land u
based upon the scope of uses proposed. The Denton Plan (Plan) does not designate a specific
future land use designation for public facilities, therefore an a
designation will allow for the institutional uses proposed. This request is for the
eventual development of the Public Safety Training Facility including existing Fire Station #7
which will allow a more intense community serving use
was intended to accommodate. The training facility will provide
instruction to public safety professionals in police work, fire and Emergency Medical Services
(EMS).
Prior to the adoption of the Denton Development Code (DDC) on February 20, 2002, the entire
property was zoned PD-139. Approximately 2.85 acres of the site was rezoned on December 6,
2006 (Z05-0023) to a NRMU zoning district to accommodate the construction of Fire Station #7.
The Vintage Planned Development zoning (Z99-0010) was approved on August 11, 1999 by
City Council for 510 single-family detached homes, a school site, park and open space on 265.48
acres. A subsequent hearing held by City Council on September 7, 1999, approved The
ed plan (Z99-0050). A single-family residential portion of the Vintage has been
constructed north of Vintage Boulevard. Subsequent development applications for th
include concept plan approval on May 14, 2002 for an amenity center, nei
area and gas well development (Z02-0018). A concept and detailed plan was approved on June 3,
2003 for the site to include Liberty Christian School (Z03-0009) which was never built, reduce
the number of single-family development and allow gas well development. Commercial uses,
other than the small neighborhood service area have not been planned for the subject property.
Based upon the proposed uses for the subject property and surrounding compatibility conc
Staff is recommending approval of the accompanying rezoning case to a Commercial Mixed Use
General (CM-G) zoning district (Z08-0007 and Z08-0011) with an overlay restricting certain
uses in order to minimize compatibility concerns.
Public notification information is provided in Exhibit 6. Staff has received no responses from
property owners within 200 feet of the subject property.
PRIOR ACTION/REVIEW
June 11, 2008 Comp. Plan amendment and Rezoning, P&Z (CA08-0003 and Z08-0011)
May 21, 2008 Comp. Plan amendment and Rezoning, P&Z (CA08-0002 and Z08-0009)
December 6, 2005 Rezone from PD-139 to NRMU (Z05-0023)
June 3, 2003 Detailed Plan Amendment (Z03-0010)
June 3, 2003 Concept Plan Amendment (Z03-0009)
May 14, 2002 Concept Plan Amendment (Z02-0018)
September 7, 1999 Detailed Plan Amendment (Z99-0050)
September 7, 1999 Concept Plan Amendment (Z99-0010)
OPTIONS
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Table item.
RECOMMENDATION
approval
The Development Review Committee recommends of this rezoning requested based
on the criteria for approval of Zoning Amendments, per 35.3.4.B.
Code:
1. The proposed rezoning conforms to the Future Land Use element of
2. The proposed rezoning facilitates the adequate provision of tran
schools, parks, other public requirements and public convenience
approval
The Planning and Zoning Commission recommends of this Comprehensive Plan
Amendment request (5-0) and (6-0).
EXHIBITS
1. Staff Analysis
2. Location Map
3. Existing Zoning Map
4. Existing Future Land Use Map
5. Proposed Future Land Use Map
6. Notification Information
7. Site Photographs
8. Letter From Applicant
9. Neighborhood Responses
10. Planning and Zoning Commission Minutes, May 21, 2008
11. Ordinance
Prepared by:
Erica Marohnic, AICP
Senior Planner
Respectfully submitted:
Mark Cunningham, AICP
Director of Planning and Development
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANALYSIS
CASE NO.:CA08-0002DATE TO BE CONSIDERED
: June 17, 2008
and CA08-003
LOCATION:Southwest corner of Bonnie Brae Street and Vintage Boulevard.
APPLICANT:City of Denton, Facilities Management
OWNER:City of Denton
215 E. McKinney Street
Denton, TX 76205
REQUEST:A Comprehensive Plan amendment for approximately 88.54 acres
from a land use designation to a
land use designation.
approval
RECOMMENDATION:The Development Review Committee recommends of this
rezoning request subject to the restrictive overlay conditions.
approval
The Planning and Zoning Commission recommends of this
rezoning request (5-0) and (6-0).
COMPREHENSIVE PLAN Neighborhood Centers
DESIGNATION:
SITE AND
SURROUNDINGS:
North:
Planned Development 139; Single-family residential.
South:Planned Development 139; undeveloped.
East:
NRMU and ETJ; single-family residential development.
West:Planned Development 139 and I-35W; undeveloped; portion of
/Inspiration MPC.
BACKGROUND
The applicant is requesting a Comprehensive Plan amendment from
INFORMATION:
88.54 acres south
of Vintage Boulevard, 1,500 feet east of I-35W and west of South
Bonnie Brae Street. This request is for the development of a Public
Safety Training Facility incorporating Fire Station #7 which will
allow a more intense community serving use than what the current
The proposed use will be a multi-use community-serving public
safety training facility providing training to public safety
professionals in police work, fire and Emergency Medical Services
(EMS).
Two neighborhood meetings were held on March 31, 2008 and May
12, 2008 to facilitate input from nearby residents affected by the
proposed rezoning and comprehensive plan amendment. The meeting
st
held on March 31 was an informal open house to introduce area
residents to the proposed use of the land. On May 12, 2008 a sec
meeting occurred, a formal presentation was given by the applica
and attended by City staff members from Fire, Police, Management
and Planning and Development. A question and answer session
commenced and several key issues were raised by attendants.
Meeting attendants asked whether an indoor firing range had been
considered versus the depicted outdoor facility; the applicant stated
that the outdoor facility allowed for a more realistic training
experience and natural movement of trainees. Hours of operation
were discussed and the applicant stated that training would take place
during normal business hours with some night time training.
Residents had concern regarding the perimeter of the facility, if it
would be fenced and what structures and fencing was proposed to
avoid . The applicant stated that wrought
security fencing would be provided along the remainder of the site.
Vintage Boulevard and the paving of S. Bonnie Brae Street north
Vintage Boulevard. City Staff stated that any improvements needed
would be recommended to be included in the next CIP bond issue.
ANALYSIS:
Comprehensive Plan
Analysis:
use designation of the Denton Plan. According to the Denton Plan,
neighborhoods may develop in traditional patterns. Mixed-use and
mixed housing types will be allowed to develop in a pattern of
g 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 or ten
minute walking distance from the edge of the neighborhood. The
center contains uses necessary to support the surrounding
neighborhood. These support uses could include service-oriented
retail such as a small grocery, hair salon, dry cleaner or small
professional offices. Residential uses may occur at higher densities
with townhomes or residential flats above service oriented uses.
Open space occurs in neighborhood centers with park uses including
ervation. 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 Neighborhood Centers land use designation is intendedto
include mainly residential uses along with some non-residential uses
such as schools, civic uses, open space, limited retail and offices. The
applicant is requesting a Comprehensive Plan amendment to allow
for the eventual development of institutional uses beyond the existing
fire station. This use is recognized as Community Service, defined as,
social, educational, and or recreational activities. Community S
facilities include federal, state, county and local government
ntly permitted within
, however, Staff believes that
due to the scale of the operations proposed, the Comprehensive P
amendment is worthy of consideration in order to insure future
compatibility. Existing Fire Station #7 is included in this
Comprehensive Plan amendment because it will allow for a more
orderly, master plan for the entire area. This area is also comm
held under one owner. At this time, the Denton Plan does not define
or recognize an institutional future land use designation which could
act as a catch-all for Community Services with several related but
these institutional uses.
The purpose of the Community MixedUse Centers is to provide the
necessary shopping, services, recreation, employment and
institutional facilities that are required and supported by the
Community Mixed-Use Activity Centers are proposed to
accommodateshopping, services, recreation, employment and
institutional facilities that are required and supported by the
surrounding community. A community activity center could contain
uses such as a supermarket, drug store, specialty shop, service
stations, one or more large places of worship, community park,
midsize offices, high to moderate density housing and even
elementary and middle schools. Based on the proposed future uses
the site, the applicant would be filling a regional need, not wholly
community oriented. The training facility would attract persons from
nearby municipalities and counties requiring beginner education,
continuing education and specific training activities.
To the southwest is an existing Regional Mixed Use Center, part of
the Hunter Ranch/Inspiration Master Planned Community (MPC07-
0001), which remains undeveloped. Based on current development
applications, this areas concept is for regionally serving retail and
service needs. Much of what has been proposed by the adjacent
development does not address the regionally needed community
service needs. An extension of these allowable uses into the
Community Mixed Use Activity Center land use designation
would better serve the intended utilization of the property.
DEPARTMENT AND All departments have reviewed the request and all comments have
AGENCY REVIEW:
been satisfied by the applicant.
FINDINGS:
The application shall address the impact of the proposed change on
the following:
a.The Goals and Objectives of the Denton Plan;
The Denton Plan requires that distribution of various types of
uses be present in well-located settings. The proposed project
is an extension of an existing activity center and provides a
regional training and educational opportunity for persons
employed in the fields of law enforcement and fire science.
The Plan encourages the location of uses with or adjacent to
activity centers in order to share public facilities and help
establish focal points. The area around I-35W and Vintage
Boulevard is identified as a focal point and will develop in a
manner consistent with this objective.
b.The Future LandUse 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.
c.The balance of land uses in the City;
The area generally south and southwest of the subject site is
designated Regional Mixed-Use Activity Centers which
intends
employment, and institutional facilities supported by and
serving an entire region. The Community Mixed Use
Centers designation is a step down in intensity compared to
the Regional Mixed Use Centers. There is also an
within this area and the City as a whole. This request does not
create an overabu
within the City.
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;
The availability of adequate public facilities will be evaluated
during the platting process for potable water, wastewater, storm
water drainage, transportation, electric service and solid waste
service. Fire Station #7 is platted and built out. It is unlikely
that the fire station will generate need for additional public
facilities to serve this portion of the site. DRC has not indicated
that existing facilities will be unable to accommodate the
proposal.
The actions in Section 35.3.3.A shall be further evaluated
under the following factors to balance the interest in promoting
the public health, safety, morals or general welfare against the
right to the use of the property in issue.
e.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 compatibility of a fire station, institutional training and
educational facility to the surrounding residential and vacant
undeveloped property would be more appropriate with a
Community Mixed Use Centers designation as compared to
the existing Neighborhood Centers designation due to its
function of serving and training persons from the community
and region. The proposed development will not impede the
orderly development of the surrounding properties.
f.The possible creation of an isolated district unrelated to
adjacent and nearby districts;
The proposed land use district acts as an extension of an
adjacent district to the west. It is compatible with adjacent
future land use designations and will not create an isolated
enclave.
g.The population density in order to facilitate the adequate
provision of transportation, water, sewer, schools, parks,
public convenience and other public requirements;
The Comprehensive Plan amendment will not cause an
increase in density; a zoning overlay district will accompany
the Comprehensive Plan amendment request restricting certain
commercial uses. The existing zoning allows a regionally
serving high school of approximately 215,000 sq. ft. in size.
h.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 the
applicant that existing public facilities servicing the subject
site are adequate. The proposed Comprehensive Plan
amendment will have no impact on schools or other public
safety measures.
i.The possible impact on the environment, including but not
limited to drainage, soil erosion and sedimentation, flooding,
air quality and water quantity;
Fire Station #7 is platted and no environmental impacts were
identified that required mitigation. Any environmental
impacts identified during the platting process for the
remainder of the site will require mitigation. Staff will
carefully evaluate possible impacts to the environment and
identify measures to lessen those impacts or implement a plan
to improve sensitive areas on or off site.
j.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
Neighborhood Centers. Community Service is a permitted
used under the existing zoning; however, the scale of the
proposed development is such that a Comprehensive Plan
amendment would offer a more appropriate foundationfor
subsequent development. The current designation severely
restricts the type of commercial development possible at this
location. Without an Institutional designation, Staff has
identified a designation that will simultaneously permit the
intended use of the property and balance the composition of
uses within the City.
k.The actionshall 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.
The subject site includes an existing fire station and is
surrounded by mostly undeveloped residentially zoned and
designated property though non-residential development was
planned as part of PD-139 to the north and east. Much of this
area has remained undeveloped. Those portions of PD-139
that have been developed are located to the north, across
Vintage Boulevard. An institutional use within a commercial
designation which is immediately adjacent to other
community and regionally oriented designations shouldnot
cause undue compatibility concerns in the future.
EXHIBIT 2
Location Map
Site
05001,0002,000Feet
EXHIBIT 3
Existing Zoning Map
ETJ
ETJ
IC-G
NR-2
A
NR-6
EC-I
PD-139
PD
PD
CM-E
NR-6
NRMU
NRMU
PD
PD
PD-139
Site
CM-G
ETJ
PD
-139
PD
-138
05001,0002,000Feet
EXHIBIT 4
Existing Future Land Use Map
Industrial Center
Neighborhood Center
Employment Center
Neighborhood Center
Community Mixed Use Center
Site
Neighborhood Center
Regional Mixed Use Center
05001,0002,000Feet
Existing Land Use
EXHIBIT 5
Proposed Future Land Use Map
Industrial Center
Neighborhood Center
Employment Center
Neighborhood Center
Community Mixed Use Center
Site
Neighborhood Center
Regional Mixed Use Center
05001,0002,000Feet
Existing Land Use
EXHIBIT 6
Notification Information
EXHIBIT 7
Site Photographs
Southfrom Intersection of Vintage and
East from Intersection of Vintage and
Bonnie Brae
Bonnie Brae
Southwestfrom Intersectionof Vintage
Northeast from Fire Station #7
and Bonnie Brae
Southwest from Fire Station #7West from Fire Station #7
South from Vintage Boulevard
EXHIBIT 8
Letter from
Applicant
EXHIBIT 9
Neighborhood Responses
EXHIBIT 10
Planning and Zoning Commission Minutes, May 21, 2008
EXHIBIT B
AGENDA INFORMATION SHEET
AGENDA DATE:June 17, 2008
DEPARTMENT:Planning and Development
ACM:Fred Greene
SUBJECTZ08-0007 (Public Safety Training Facility)and Z08-0011(Fire Station #7)
-
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
providing for a zoning change from a Planned Development 139 (PD-139) and Neighborhood
Residential Mixed Use (NRMU) zoning district classifications and
Community Mixed Use Center (CM-G) zoning district classification and use designation; the
area for zoning change encompasses 88.54 acres of land located a
Vintage Boulevard and Bonnie Brae Street, and is legally describ
Denton, Denton County, Texas; Providing for a penalty in the maximum amount of $2,000.00
for violations thereof, severability and an effective date (Z08-0007 & Z08-0011). The Planning
and Zoning Commission recommends approval of this zoning change Z08-0007 (5-0)
and Z08-0011 (6-0).
BACKGROUND
Applicant: City of Denton, Facilities Management Denton, TX
The subject property is within Planned Development District (PD-139, The Vintage) and a
Neighborhood Residential Mixed Use (NRMU) zoning district and is undeveloped except for
existing Fire Station #7. The applicant proposes the development-serving public
safety training facility which the current zoning district canno
scope of uses proposed. At this time, the Denton Development Code (DDC) does not designate a
specific zoning district for public facilities but does allow Community Service uses within
commercial districts, therefore a zoning change to a CM-G district will allow for the proposed
institutional uses. The Public Safety Training Facility including existing Fire Station #7 will
require a commercial district in order to accommodate the varietThe training
facility will provide instruction to public safety professionals in police work, fire and Emergency
Medical Services (EMS).
Prior to the adoption of the DDC on February 20, 2002, the entire property was zoned PD-139.
Approximately 2.85 acres of the site was rezoned on December 6, -0023) to a NRMU
district to accommodate the construction of Fire Station #7. The Vintage Planned Development
zoning (Z99-0010) was approved on August 11, 1999 by City Council for 510 si-family
detached homes, a schools site, park and open space on 265.48 ac
by City Councied plan (Z99-0050). A
single-family residential portion of the Vintage has been constructed north of Vintage Bou
Subsequent development applications for the site include concept plan approval on May 14, 2002
for an amenity center, neighborhood services area and allow gas well development (Z02-0018).
A concept and detailed plan was approved on June 3, 2003 for the site to include Libert
Christian School (Z03-0009 and Z03-0010) which was not constructed, reduce the number of
single-family development and gas well development sites. Commercial uses, other than a small
neighborhood service area have not been planned for the subject Based upon the
proposed uses for the subject property and surrounding compatibility concerns, Staff is also
recommending approval of a restrictive overlay and an accompanying Comprehensive Plan
amendment from a land use designation to a
designation (CA08-0002 and CA08-0003). The Comprehensive Plan must be amended
to accommodate the proposed zoning district.
Public notification information is provided in Exhibit 6. Staff has received no responses from
property owners within 200 feet of the subject property.
PRIOR ACTION/REVIEW
June 11, 2008 Comp. Plan amendment and Rezoning, P&Z (CA08-0003 and Z08-0011)
May 21, 2008 Comp. Plan amendment and Rezoning, P&Z (CA08-0002 and Z08-0009)
December 6, 2005 Rezone from PD-139 to NRMU (Z05-0023)
June 3, 2003 Detailed Plan Amendment (Z03-0010)
June 3, 2003 Concept Plan Amendment (Z03-0009)
May 14, 2002 Concept Plan Amendment (Z02-0018)
September 7, 1999 Detailed Plan Amendment (Z99-0050)
September 7, 1999 Concept Plan Amendment (Z99-0010)
OPTIONS
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Table item.
RECOMMENDATION
approval
The Development Review Committee recommends of this rezoning requested based
on the criteria for approval of Zoning Amendments, per 35.3.4.B.
Code:
1. The proposed rezoning conforms to the Future Land Use element of t
2. The proposed rezoning facilitates the adequate provision of tran
schools, parks, other public requirements and public convenience
approval
The Planning and Zoning Commission recommends of rezoning request (5-0) and (6-
0).
EXHIBITS
1. Staff Analysis
2. Location Map
3. Existing Zoning Map
4. Proposed Zoning Map
5. Future Land Use Map
6. Notification Information
7. Site Photographs
8. Letter From Applicant
9. Neighborhood Responses
10. Planning and Zoning Commission Minutes, May 21, 2008
11. Ordinance
Prepared by:
Erica Marohnic, AICP
Senior Planner
Respectfully submitted:
Mark Cunningham, AICP
Director of Planning and Development
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANALYSIS
CASE NO.:Z08-0007 and DATE TO BE CONSIDERED:June 17, 2008
Z08-0011
LOCATION:Southwest corner of Bonnie Brae Street & Vintage Boulevard.
APPLICANT:City of Denton, Facilities Management
OWNER:City of Denton
215 E. McKinney Street
Denton, TX 76205
REQUEST:To rezone approximately 88.54 acres from a Planned Development
District (PD-139) and a Neighborhood Residential Mixed Use
(NRMU) zoning district to a Commercial Mixed Use General (CM-
G) zoning district.
approval
RECOMMENDATION:The Development Review Committee recommends of this
rezoning request subject to the restrictive overlay conditions.
approval
The Planning and Zoning Commission recommends of this
rezoning request (5-0) and (6-0).
COMPREHENSIVE PLAN Neighborhood Centers
DESIGNATION:
SITE AND
SURROUNDINGS:
North:Planned Development 139; Single-family residential.
South:Planned Development 139; undeveloped.
East:NRMU and ETJ; single-family residential development.
West:Planned Development 139 and I-35W; undeveloped; portion of
BACKGROUND The applicant is requesting a zoning change from PD-139 and a
INFORMATION:NRMU district to a CM-G zoning district on approximately 88.54
acres south of Vintage Boulevard, 1,500 feet east of I-35W and west
of South Bonnie Brae Street. This request is for the development
Public Safety Training Facility incorporating Fire Station #7 which
will allow a community serving use which is not currently permitted
within PD-139 at the intensity proposed. Based upon the proposed
uses for the subject property and surrounding compatibility conc
Staff is also recommending approval of an accompanying
Comprehensive Plan to
-0002 and CA08-0003). The
Comprehensive Plan must be amended to accommodate the proposed
zoning district.
Two neighborhood meetings were held on March 31, 2008 and May
12, 2008 to facilitate input from nearby residents affected by the
proposed rezoning and comprehensive plan amendment. The meeting
st
held on March 31 was an informal open house to introduce area
residents to the proposed use of the land. On May 12, 2008 a second
meeting occurred, a formal presentation was given by the applicant
and attended by City staff members from Fire, Police, Management
and Planning and Development. A question and answer session
commenced and several key issues were raised by attendants.
Meeting attendants asked whether an indoor firing range had been
considered versus the depicted outdoor facility, to which the ap
stated that the outdoor facility allowed for a more realistic tr
experience and natural movement of trainees. Hours of operation
were discussed and the applicant stated that the overall facilit
operate place during normal business hours with some night training.
Residents had concern regarding the perimeter of the facility, if it
would be fenced and what structures and fencing was proposed to
avoid creation of The applicant stated that wrought
security fencing would be provided along the remainder of the si
Aalso voiced concerns for needed improvements to
Vintage Boulevard and the paving of S. Bonnie Brae Street north
Vintage Boulevard. City Staff stated that any improvements needed
would be included in the next CIP bond issue.
ANALYSIS:
Comprehensive Plan
Analysis:designation. This designation promotes uses that provide support
neighborhoods; common service oriented uses and some higher dens
Community service uses, such as the fire station, are permitted
Neighborhood Center.
-
recreation, employment and institutional facilities that are required and supported by the
surrounding community. Based on the proposed future uses of the
filling a regional need, not wholly community oriented. The trai
from nearby municipalities and counties for specific training activities, of whi
would be included and is held under common ownership. The accomp
amendment addresses this need.
Development PD-139 anticipated the permitting of some commercial uses, such as
Code/Zoning Analysis hospitality services and retail sales and services; however, the
strict prohibition on industrial uses such as rendering and forging
plants, concrete batch plants, group homes, mobile home sales, radio
or TV broadcast towers, stockyards and slaughterhouses. Although
there was intent for lighter commercial uses, these uses were no
planned for the area where the facility is proposed.
Prior to the amendment of the Concept Plan to accommodate Liberty
Christian School (Z03-0009), the proposed area for the facility was
identified as single-family residential, a 12-acre school site and small
neighborhood service area. Commercial uses, other than the
neighborhood service area, have never been planned on this property.
Given those uses historically approved for the subject property, Staff
is recommending the rezoning to a CM-G district be accompanied by
a restrictive overlay district in order to control uses that have not been
previously anticipated. A list of uses permitted in the CM-G district is
included below; text with strikethroughs indicates uses that Staff
recommends to be prohibited through the overlay.
The intent of the restrictive overlay district is to provide the
opportunity for several institutional uses within a commercial district
while concurrently prohibiting many potentially incompatible
commercial uses. This commercial zoning district will provide a
regionally serving educational opportunity and not the shopping,
services and recreational needs of the area. Nearby zoning districts to
the south and west accommodate this in an appropriate setting.
Commercial uses proposed for exclusion include: hotels/motels, r
sales and services, restaurants or private clubs, vehicle repair
servicing, recreational activities and major event entertainment.
Residential Land CM-G
Use Categories
AgricultureP
LivestockL(7)
Single Family N
Dwellings
Accessory Dwelling N
units
Attached Single N
Family Dwellings
Dwellings Above P
Businesses
Live/Work UnitsP
DuplexesN
Community Homes P
For the Disabled
Group HomesN
Multi-Family L(6) & L(4)
Dwellings
Manufactured N
Housing
Developments
Commercial Land CM-G
Use Categories
Home OccupationN
Sale of Products N
Grown on Site
HotelsP
MotelsP
Bed and BreakfastP
Retail Sales and P
Service
Movie TheatersSUP
Restaurant or P
Private Club
Drive-thru FacilityP
Professional P
Services and
Offices
Quick Vehicle P
Servicing
Vehicle RepairP
Auto and RV SalesP
Laundry FacilitiesP
Equestrian N
Facilities
Outdoor P
Recreation
Indoor RecreationP
Major Event SUP
Entertainment
Commercial P
Parking Lots
Administrative or P
Research
Facilitates
Broadcasting of P
Production Studio
Sexually Oriented N
Business
Temporary UsesL(38)
Industrial Land CM-G
Use Categories
Printing and P
Publishing
BakeriesP
Manufacturing of N
Nonodoriferous
Foods
Feed LotsN
Food ProcessingN
Light N
Manufacturing
HeavyN
Manufacturing
Wholesale SalesN
Wholesale N
Nurseries
Distribution CenterN
Wholesale Storage N
and Distribution
Self-service StorageN
Construction N
Materials Sales
Junk Yard and N
Auto Wrecking
KennelsP
Veterinary ClinicsP
Sanitary Landfills, N
Commercial
Incinerators,
Transfer Stations
Gas WellsSUP L(27)
Institutional Land CM-G
Use Categories
Basic UtilitiesSUP
Community P
Service
Parks and Open P
Space
ChurchesP
Semi-public, Halls, P
Clubs and Lodges
Business/Trade P
School
Adult or Child Day SUP
Care
Kindergarten, N
Elementary School
Middle SchoolN
High SchoolN
CollegesP
HospitalN
Elderly HousingN
Medical CenterP
CemeteriesN
MortuariesP
Limitations:
The following define the limitations to the zoning uses when the
zoning matrix identify a use as permitted, but limited
L(4) = Multi-family is permitted only:
1. With a Specific Use Permit; or
2. As part of a Mixed-Use Development; or
3. As part of a Master Plan Development, Existing; or
4. If the development received zoning approval allowing multi-
family use within one year prior to the effective date of
Ordinance No. 2005-224; or
5. If allowed by a City Council approved neighborhood (small
area) plan.
nd
L(6) = Permitted only on 2 story and above, when an office, retail,
or other permitted commercial use is on the ground floor along a
avenue, collector, or arterial street, otherwise office or retail uses a
not required.
L(7) = Limited to two (2) animals on parcels one (1) or three (3
acres in size. Additional animals may be added at a rate of one
each acre over three.
(L27) = Must comply with the provisions of Subchapter 89, Gas Well
Drilling and Production.
(L38) Must meet the requirements of Section 35.12.9.
DEPARTMENT AND All departments have reviewed the request and, all comments have
AGENCY REVIEW:been satisfied by the applicant.
FINDINGS:1. The uses and development standards contained within the
proposed CM-G zoning district subject to the restrictive
overlay are in character and will fulfill a community and
regional educational need.
2. The proposed zoning change corresponds with the proposed
Comprehensive Plan amendment and the Future Land Use
element of the Denton Plan. This request is in conformance
with the criteria for a zoning change as defined in the DDC:
a. The proposed rezoning conforms to the Future Land
Use element of The Denton Plan
b. The proposed rezoning or Specific Use Permit
facilitates the adequate provision of transportation,
water, sewers, schools, parks, other public
requirements and public convenience.
EXHIBIT 2
Location Map
Site
05001,0002,000Feet
EXHIBIT 3
Existing Zoning Map
ETJ
ETJ
IC-G
NR-2
A
NR-6
EC-I
PD-139
PD
PD
CM-E
NR-6
NRMU
NRMU
PD-139
PD
PD
Site
CM-G
ETJ
PD
-139
PD
-138
05001,0002,000Feet
EXHIBIT 4
Proposed Zoning Map
ETJ
ETJ
IC-G
NR-2
A
NR-6
EC-I
PD-139
PD
PD
CM-E
NR-6
NRMU
NRMU
PD-139
PD
PD
CM-G
CM-G
ETJ
-139
PD
PD
-138
05001,0002,000Feet
EXHIBIT 5
Future Land Use Map
Industrial Center
Neighborhood Center
Employment Center
Neighborhood Center
Community Mixed Use Center
Site
Neighborhood Center
Regional Mixed Use Center
05001,0002,000Feet
Existing Land Use
EXHIBIT 6
Notification Information
EXHIBIT 7
Site Photographs
East from Intersection of Vintage and Southfrom Intersection of Vintage and
Bonnie BraeBonnie Brae
Southwestfrom Intersection of Vintage
Northeast from Fire Station #7
and Bonnie Brae
Southwest from Fire Station #7West from Fire Station #7
South from Vintage Boulevard
EXHIBIT 8
Letter from
Applicant
Exhibit 9
Neighborhood Responses
EXHIBIT 10
Planning and Zoning Commission Minutes, May 21, 2008
AGENDA INFORMATION SHEET
June 17, 2008
AGENDA DATE:
Planning and Development
DEPARTMENT:
Fred Greene
ACM:
DCA08-0004 (Subchapter 15 Development Code Amendments)
SUBJECT
Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, amending Subchapter 35.15.10.6 of the Denton Development Code pertaining to
Denton Development Code pertaining to the relocation of signs, and creating Subchapter
35.15.18.8 of the Denton Development Code pertaining to relocation, reduction and
mitigation of legally nonconforming and prohibited signs;providing for a penalty clause
with the maximum amount of $2,000.00 for violations thereof; and providing for an
effective date (DCA08-0004). The Planning and Zoning Commission recommends
approval of this rezoning request (6-0).
BACKGROUND
Item 1 Definition of Premise as it Relates to Signs.
Issue:
An off-premise sign iscurrently defined in the Denton Development Code(DDC)as
a sign displaying advertising copy that pertains to a business, person, organization,
activity, event, place, service, or product not principally locatedor primarily
manufactured or sold on the premises on which the sign is located
definition of premise in the Denton Development Code isthe area of real property
which encompasses all the buildings, structures, appurtenances and land held under
common ownership and devoted to a common use, such as ashopping center. The
definition of apremise as it exists arguably prohibits a lotsor parcels within a
common shopping center or business center from sharing signage if lots or parcels
within the center have different owners.
Summary:
The proposed DDCamendment will allow tenantswithin a shopping or business
center to share ground signs regardless of ownership. Multiple owners or tenants will
not be required to construct multiple ground signs to generate visibility for their
businesses. A multi-tenantsign can accomplish the visibility needed while reducing
the total number of signs within the center.
Recommendation:
Staff recommends that Subchapter 35.of the DDC be amended as
follows:
Premises means:
For any developed property,the lot or contiguousarea of real property which
encompasses all the buildings, structures, appurtenances and land held under common
ownership anddevoted to a common use, such as a shopping center or a business
occupying and using multiple contiguous lots; or
For undeveloped property, the area of real property designated as a lot on a plat
unplatted tract of land as conveyed by deed or operation of law and recorded in the
deed records of the county.
Item 2 Relocation, Reduction and Mitigation of Legally Nonconforming and
Prohibited Signs.
Issue:
Billboards are currently prohibited within the City of Denton and no new billboards
are allowedto be constructed. The DDC does,however, provide a billboard owner
the opportunity to relocate an existing or previously constructed sign under certain
circumstances, such as the widening of a highwaythat forcesthe removal of the
billboard. Inthis case, the owner is allowed to relocate the sign within the same tract
of land. The opportunity to work with propertyownersto allowrelocation of these
signs to a separate tract of land contingent upon an overall reduction of the number or
size of these signs does not currently exist in the Code.
Summary:
The proposed DDC amendment will help achieve the goal of reducing the overall
numbers and/or sizes of billboards within the City limits.In addition, the City
Council must approve a Special Sign District (SSD) prior to a billboard ownerbeing
allowed to utilize this amendment. Requiring that the relocations or reductions take
place within the boundaries of an SSD will prevent the possibility of a billboard
owner taking advantage of the new regulations by placing a new billboard anywhere
within the City. Review through an SSD process will ensure the overall goals of the
City are met regarding nonconforming and prohibited signs.
RECOMMENDATION
Staff recommends that Subchapter 35.15.10.6 of the DDC be amendedand
Subchapter 35.15.18.8 ofthe DDC be created as follows:
35.15.10.6 Relocation Under Eminent Domain.
Notwithstanding any other provision of this Subchapter, any sign which is a legally
existing nonconforming sign may be relocated on the same lot or tract of landif the
sign is required to be removed from its present location because theproperty upon
which the sign is located is acquired by any governmental agency or other entity
condemning authority which has or could have acquired the propertythrough the
exercise or threat ofits power of eminent domain.
A. Restrictions: The land upon which the sign is to be relocated shall:
1. Be within the same lot or tract as the original location; or
2.
acquired by the condemning authority. If the relocation site is not already
owned or leased by the sign owner, it may be acquired at the expense of the
sign owner or the condemning authority.
B. Such relocated sign shall be placed, insofar as possible, as to comply with all the
provisions of this Subchapter.
C. This section does not preclude the option of voluntarily relocating billboards
under §35.15.18.8, provided that all conditions therein are satisfied.
35.15.18.8 Reduction and Mitigation of Legally Nonconforming Prohibited
Signs.
To further the goal of reducing, mitigating or bringing into compliance existing
legally nonconforming signs, while recognizing that the application for a special sign
district is a voluntary choice of the applicant, and neither an entitlement nor a
governmental mandate, the approval of a special sign district must be predicated upon
signs from within the boundaries of the district, subject only to the following
exceptions.
A. Billboards.As an alternative to removal, a requested Special Sign District may
propose the relocation of one or more legally nonconforming off-premises signs
(billboards) within the confines of the Special Sign District, without losing their
legally nonconforming status, subject to the following restrictions.
1. In proposing the relocation of one or more legally nonconforming off-
premises signs (billboards) within the confines of the Special Sign District,
none of the following measures, as theyrelate to legally nonconforming off-
premises signs within the Special Sign District only, may be increased, and at
least one or more of the following measures must be decreased by 25% or
more:
a. The total number of off-premises sign structures;
b. The total number of off-premises sign faces;
c. The area of each off-premises sign face.
2. No relocated or modified off premises sign or sign structure may be
reconstructed using different materials or designs, except that reasonable
repairs not altering the structural design may be performed pursuant to the
standards set forth at §35.15.10.5. Such relocated sign shall be placed, insofar
as possible, as to comply with the provisions of this Subchapter. No
enhancements, such as lighting improvements, moving panels, electronic
displays or other features not associated with the original sign display may be
authorized.
3. If a Special Sign District proposing such relocations and reductions is
approved, then upon implementation of all proposed reductions, any signs so
relocated ormodified shall continue their previous status as legally
nonconforming off-premises signs, as modified or relocated, and shall be
subject to all standards, restrictions and registration requirements otherwise
applicable to nonconforming off-premises signs.
B. No Exception for Portable Signs or Other Prohibited Signs.A Special Sign
District may not allow the relocation or continued permitting or operation of any
prohibited sign other than billboards, as set forth in 35.15.18.8.A, above.
Relocation of portable signs is specifically prohibited.
C. Property Interests.To ensure that the proposed relocation or reduction is
voluntary, and will not trigger claims against the City from individuals holding or
claiming property interests in the signs relocated or reduced, the application shall
demonstrate authority of the applicant to act on behalf of any person or entity
possessing or claiming any ownership interest in the signs, structures and
associated real property interests so mitigated or reduced, and shall provide the
following:
1. The application shall attach a notarized stipulation from each person or entity
owning or claiming an ownership interest in each sign relocated or reduced,
demonstrating the following:
a. Consent to the relocation or reduction as a voluntaryact, or for other
consideration received from applicant;
b. Stipulation that consent is not coerced under any actual or threatened
regulation or exercise of eminent domain by the City;
c. Stipulation that no compensation is due or expected from City in
connection with the relocation or reduction, and that no protections
provided by Chapter 216 of the Texas Local Government Code, or its
successor, are sought or appropriate to the relocation or reduction; and
d. In the event of ownership of a property interest by a corporation or other
business entity or association, proof that the person executing the
stipulation has actual authority to bind the owner to the stipulation.
2. Applicant shall contemporaneously execute, in a form approved by the City
Attorney, its agreementto indemnify and hold harmless the City of Denton, its
employees, agents, officers and elected officials, from any claim or request for
declaratory relief arising out of such reductions or mitigating measures, if
brought by any person or entity claiming any property interest in any sign
removed or relocated within a period of not less than ten (10) years following
completion of each such relocation or removal.
D. TxDOT Standards Not Affected.No Special Sign District may waive or excuse
compliance with any applicable standards of the Texas Department of
Transportation, or Federal law, except to the limited extent such deviations are
explicitly authorized by that agency.
OPTIONS
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Table item.
RECOMMENDATION:
Planning and Development Staff recommend approval of this request.
The Planning and Zoning Commission recommends approval of this rezoning request
(6-0).
EXHIBITS
1. Ordinance
Prepared by:
Chuck Russell, AICP
Planner III
Respectfully submitted:
Mark Cunningham, AICP
Director of Planning and Development
AGENDA INFORMATION SHEET
AGENDA DATE:June 17, 2008
DEPARTMENT:Planning and Development
ACM:Fred Greene
SUBJECT
- SD08-0001 (Hickory Creek Plaza)
Hold a public hearing and consider adoption of an ordinance of t
regarding a proposed special sign district within a Neighborhood Residential Mixed Use zoning
district. The special sign district designation will allow for two multi-tenant ground signs to
serve the Hickory Creek Plaza shopping center with the exception of three lots. The subject
shopping center is located on the southeast corner of Teasley Lane (F.M. 2181) and Hickory
Creek Road in the City of Denton, Texas; providing for a penalty in the maximum amount of
$2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning
Commission recommends approval of the Special Sign District request 5-1. On June 3, 2008 the
City Council continued this item to the June 17, 2008 public hearing.
BACKGROUND
Applicant: Falcon Construction Advisors Dallas, TX
On June 3, 2008 City Council continued this item to the June 17,
consider a proposed Denton Development Code (DDC) amendment to Subchapter 15, changing
The proposed DDC amendment will allow tenants within a
shopping or business center to share ground signs regardless of
amendment is approved, the applicant could move forward with the special sign district
However, the applicant would not obtain a sign permit until 14 d
DDC amendment. Should City Council deny the proposed DDC amendm
a special sign district will be withdrawn and a different plan m
premise sign.
The purpose of a special sign district designation is to allow properties to devi
regulations found in Subchapter 15, Signs and Advertising Devices, if a qualifying property has
an alternative comprehensive plan that is clearly superior to wh
standard regulations.
According to the applicant, the purpose for the special sign district is to allow an off-premise
sign to be located within Lot 6 displaying advertising copy that
retail building located on Lot 2 (see Exhibit 7). An off-premise sign is defined as a sign
displaying advertising copy that pertains to a business, person,
place, service, or product not principally located or primarily
premises on which the sign is located. The definition of premise is: the area of real property
which encompasses all the buildings, structures, appurtenances a
ownership and devoted to a common use, such as a shopping center
the property owner of Lot 2 is not the same property owner of Lot 6 where the sign would be
located; therefore because Lots 2 and 6 are held under different ownership, the proposed ground
sign will be considered an off-premise sign, which would be prohibited by the Denton
Development Code (DDC), unless a Special Sign District is approved.
In addition, the applicant is proposing to build the ground sign
square feet. The height of the sign is proposed to be 12 feet 6 inches (Exhibit 8). Pursuant to
Subchapter 35.15.14.B.3 of the DDC for any premise which has frontage on a primary arterial
street and has more than one (1) tenant or occupant in separate
effective area of one (1) ground sign, if used to advertise moreenant or occupant,
may be increased above sixty (60) square feet by 0.5 square feet
primary arterial, but not in excess of one hundred fifty (150) sThe frontage of Lot 6
is approximately 218 feet, with the provision of 0.5 square feet for each foot of frontage on the
primary arterial the applicant is permitted to build a ground sign with an effectsign area of
109 square feet. The proposed ground sign of 150 square feet will exceed the maximum
effective sign area requirement by 41 square feet.
As an alternative comprehensive sign plan, the applicant is proposing to combine two permitted
ground signs into one located within Lot 6, see Exhibit 7. In addition, the design and use of
materials for the ground signs will be consistent and compatible
Public notification information is provided in Exhibit 5. As of this writing, staff has received
two responses from property owners within 200 feet of the subject property. One property owner
is in favor and the other property owner is in opposition.
PRIOR ACTION/REVIEW
May 7, 2008 Planning and Zoning Commission Public Hearing
June 3, 2008 City Council Public Hearing
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 of the Special Sign District
request 5-1.
denial
The Development Review Committee recommends of this Special Sign District request as
the proposal does not clearly meet the criteria for a Special Si
Denton Development Code.
EXHIBITS
1. Staff Analysis
2. Location Map
3. Zoning Map
4. Future Land Use Map
5. Notification Information
6. Letter From Applicant
7. Site Plan
8. Elevations
9. Responses to Public Hearing Notice
10. May 7, 2008 Planning and Zoning Commission Minutes
11. Ordinance
Prepared by:
Ron Menguita
Planning Supervisor
Respectfully submitted:
Mark Cunningham, AICP
Director of Planning and Development
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANALYSIS
CASE NO:SD08-0001 DATE TO BE CONSIDERED:June 17, 2008
LOCATION:Southeast corner of Teasley Lane and Hickory Creek Road
APPLICANT:Falcon Construction Advisors
16000 N. Dallas Parkway, Suite 225
Dallas, TX 75248
OWNER:Hickory Creek Plaza, LLC
8080 N. Central Parkway, Suite 600
Dallas, TX 75206
REQUEST:Consider adoption of an ordinance regarding a proposed special sign
district. The special sign district designation will allow for two
multi-tenant ground signs to serve the Hickory Creek Plaza shopping
center with the exception of three lots.
RECOMMENDATION:The Planning and Zoning Commission recommends approval of the
Special Sign District request 5-1.
denial
The Development Review Committee recommends of this
special sign district request.
COMPREHENSIVE The subject site is located within a Neighborhood Centers future
PLAN DESIGNATION:land use designation.
Areas within a Neighborhood Centers future land use designation
may develop in conventional patterns or may be developed in a
inwardly, focusing on the center of the neighborhood and contain
facilities vital to the day-to-day activity of the neighborhood. A
neighborhood center might contain a convenience store, small
restaurant, personal service shops, church or synagogue, daycare
individual office space, a small park and perhaps an elementary
school.
SITE AND
SURROUNDINGS:The subject property is currently proposed for commercial use.
North:Planned Development (PD 176) Wheeler Ridge residential
subdivision
South:Neighborhood Residential 4 (NR-4) Teasley Harbor residential
subdivision
East:Neighborhood Residential Mixed Use 12 (NRMU-12) currently
undeveloped
West:Neighborhood Residential Mixed Use (NRMU) currently proposed
for commercial use
BACKGROUND On June 3, 2008 City Council continued this item to the June 17,
INFORMATION:2008 public hearing in order to allow for a proposed Denton
Development Code (DDC) amendment to be considered prior to this
item. The DDC amendment is regarding Subchapter 15, changing the
The proposed DDC amendment will allow
tenants within a shopping or business center to share ground sig
finding that the proposed special sign district would permit an off-
premise sign, which is prohibited by the DDC becomes null. If the
special sign district is approved, the applicant will not be abl
obtain a sign permit until 14 days after the passage of the DDC
amendment Ordinance.
The purpose of a special sign district designation is to allow
properties to deviate from the sign regulations found in Subchap
15, Signs and Advertising Devices, if a qualifying property has
alternative comprehensive sign plan that is clearly superior to what
could be accomplished under standard regulations.
The following items summarize the actions taken for the proposed
Hickory Creek Plaza shopping center development:
On January 9, 2007, the proposed development was granted
four Specific Use Permits (SUPs). The SUPs were to allow
the following: a grocery store to exceed a maximum of 25,000
square feet of gross floor area and to allow a drive-through
facility associated with a pharmacy; a drive-through facility
associated with a bank for Lot 4; a drive-through facility
associated with a fueling station for Lot 6; and to allow a
drive-through facility associated with a bank for Lot 5.
On January 10, 2007, the proposed development received an
Alternative Development Plan (ADP) approval to deviate
from the requirements of Subchapter 13 and 14 of the Denton
Development Code. The ADP deviated from Subchapters 13
and 14 concerning number of parking spaces, orientation of
building, pad site location, interior planting islands, and
maximum setback for two rows of parking.
On October 10, 2007, the Planning and Zoning Commission
approved the Final Plat for the proposed development with a
condition that the Final Plat will not be filed until TxDOT
approves permits required for the improvements along
Teasley Lane.
Development According to the applicant, the purpose for the special sign district is
Code/Zoning Analysis:to allow an off-premise sign to be located within Lot 6 displaying
advertising copy that pertains to the future tenants of a retail building
located on Lot 2 (Exhibit 7). An off-premise sign is defined as a sign
displaying advertising copy that pertains to a business, person,
organization, activity, event, place, service, or product not pr
located or primarily manufactured or sold on the premises on whi
the sign is located. The definition of premise is: the area of real
property which encompasses all the buildings, structures,
appurtenances and land held under common ownership and devoted
to a common use, such as a shopping center. According to the
applicant, the property owner of Lot 2 is not the same property owner
of Lot 6 where the sign would be located; therefore because Lots 2
and 6 are held under different ownership the proposed ground sign
will be considered an off-premise sign, which is prohibited by the
Denton Development Code (DDC).
In addition, the applicant is proposing to build the ground sign
located within Lot 6 with an effective area of 150 square feet.
height of the sign is proposed to be 12 feet 6 inches, see Exhib
Pursuant to Subchapter 35.15.14.B.3 of the DDC for any premise
which has frontage on a primary arterial street and has more tha
(1) tenant or occupant in separate offices, rooms, or buildings,
effective area of one (1) ground sign, if used to advertise more
one (1) tenant or occupant, may be increased above sixty (60) sq
feet by 0.5 square feet for each foot of frontage on the primary
arterial, but not in excess of one hundred fifty (150) square feThe
frontage of Lot 6 is approximately 218 feet, with the provision of 0.5
square feet for each foot of frontage on the primary arterial the
applicant is permitted to build a ground sign with an effective
area of 109 square feet. The proposed ground sign of 150 square
will exceed the maximum effective sign area requirement by 41
square feet.
Pursuant to Subchapter 35.15.14.D only one on-premise ground sign
which is not a temporary sign shall be located on any one premis
As an alternative comprehensive sign plan, the applicant is proposing
to combine the two ground signs into one located within Lot 6, see
Exhibit 7.
DEPARTMENT AND The Development Review Committee reviewed the special sign
AGENCY REVIEW:district request and provided comments and general information. All
comments have been addressed.
FINDINGS:Pursuant to Subchapter 35.15.18.4 the City Council may approve
creation of a sign district for any property which has more than
hundred (300) feet of continuous street frontage on one (1) publ
street if it finds the district:
A. Provides a comprehensive plan for signs that would be clearly
superior to what would be allowed without the plan;
Number Number of Maximum Maximum
Maximum Maximum
Street of Ground Ground Effective Effective
Height Height
FrontageSigns Signs Area Area
PermittedRequested
PermittedRequestedPermittedRequested
150
Teasley 12 feet 60 square
2 signs 1 sign 20 feet square
Lane 6 inches feet *
feet
Hickory 60 square 60 square
1 sign 1 sign 20 feet 6 feet
Creek feet * feet
The ground sign
located along Hickory
Creek Road has an
effective area less than
what is permitted. The
One less sign is Both signs are less than
ground sign located
Comparison
requested. what is permitted.
along Teasley Lane
exceeds maximum
effective sign area
requirement by 41
square feet.
* Any premise which has frontage on a primary arterial street an
tenant or occupant in separate offices, rooms, or buildings, the
ground sign, if used to advertise more than one (1) tenant or occupant, may be increased
above sixty (60) square feet by 0.5 square feet for each foot of
arterial, but not in excess of one hundred fifty (150) square fe
Although the proposed special sign district maydecrease the
overall number of permitted ground signs along Teasley Lane,
by one signthe exclusion of the remaining lots on this
development will not result in a comprehensive plan for the
entire commercial center that would be superior to the signs
permitted through the standard Code requirements. The
heights of both signs are less than what is permitted, and
although the ground sign located along Hickory Creek Road
has effective area less than the maximumpermitted, the
ground sign located along Teasley Lane will exceed the
maximum permitted effective area by 41 square feet.
B. Would be compatible with surrounding properties. In considering
but are not
limited to considering the following:
Scale.
1. The relationship between and compatibility of sign
scale, site scale and the scale of nearby buildings.
The Wheeler Ridge residential subdivisionis located to the
north;no ground signs are locatedwithin this area. The
Teasley Harbor residential subdivision is located to the
south; a ground sign islocated at the entrance to the
subdivision.The ground sign located in Teasley Harbor is
similarin scaletotheproposed ground signalong Hickory
Creek Road. The area to the northwest and east are
currently undeveloped; no ground signs are located within
these areas. The area to the west is currently proposed for
commercial use.A ground sign is most likely going to be
located within thatlotalong Teasley Lane, although no
sign permit applications have been submitted to date for
this property. The proposed signs will be compatible with
one existing sign, however, there is no indication that the
additional signs anticipated to be constructed on the lots
within the Hickory Creek Plaza site will be compatible
with the signs proposed in this Special Sign District.
Color.
2. The relationship between and compatibility of sign
color to the color of nearby buildings and landscaping: The
degree to which sign colors are complimentary to its
surroundings.
The design and use of materials on the proposed ground
signs proposed through this Special Sign District will be
compatiblewith each other (Exhibit 8), however, there is
no indication that subsequent signs constructed on this
property will be complimentary to the surroundings, or
compatible with the signs proposed by this application.
Material.
3. The materials of the signs and how they relate to
their surroundings.
The design and use of materials in the proposed signs will
incorporate elements of the buildings proposed for the site.
Shape.
4. The shape and design of the signs and how they relate
to their surroundings.
The proposedgroundsigns would be of the same shape
and design that are comparable to other signs within the
area.
Landscaping.
5. The relationship of signs to landscaped
features in and outside the district.
The proposed ground signs would be located within
landscape areas.
Traffic Safety and Traffic Circulation.
6. The impact of the
are created or improved, avoidance of confusion with or
obstruction of traffic control signs and devices, and the time it
takes a motorist to read the sign.
The proposed ground signlocations comply with
requirements regarding visibility clearance for motorists.
Illumination.
7. The impact and compatibility of sign
illumination within the district and in relation to neighboring
properties. The avoidance of glare and light pollution.
The proposed ground signs comply with the illuminated
sign setback requirements.
Integration.
8. How the signs in the district are integrated into a
unified development concept with the topography, building
design, other signs, landscaping, traffic circulation and other
development features on the district and nearby property.
a. Is not being used merely to avoid or gain a variance of the
sign regulations;
The proposed ground sign located on Lot 6 is
considered an off-premise signand exceed the
maximum effective sign area requirement by 41 square
feet. Off-premise signs are prohibited. If granted, the
proposed special sign district would permitan off-
premise signand increase the effective sign area for the
proposed ground sign located within Lot 6.Although
the applicant is proposing to decrease the number of
signs on the development as a whole, the fact that
several parcels have been excluded from this Special
Sign District application means that a cohesive,
integrated comprehensive sign district will not be
achieved. If the signs were serving the entire
development, rather than selected parcels, the result
would be that of a unified development concept, not
simply a means of constructing an off-premise sign for
select parcels.
b. Does not violate the spirit or intent of the sign regulations;
and
The proposed special sign district is not creating a
truly cohesive sign plan for the Hickory Creek Plaza,
and would essentially be a means of permitting anoff-
premise sign,which is prohibited by the DDC.
c. Complies with the requirements of this section.
According to the applicant the purpose for the special
sign district is to allow an off-premise sign to be located
within Lot 6 displaying advertising copy that pertains
to the future tenants of a retail building located on Lot
2 and to exceed the maximum effective sign area
requirement for the ground sign located along Teasley
Lane by 41 square feet.
EXHIBIT 2
LOCATION MAP
EXHIBIT 3
ZONING MAP
EXHIBIT 4
FUTURE LAND USE MAP
EXHIBIT 5
NOTIFICATION INFORMATION
Public Notification Date: 4/23/08
39
60
In Opposition: 1
In Favor: 1
Neutral: 0
Less than 20 %
ResponsestoPublicHearingNotice
SD080001HickoryCreekPlaza
AGENDA INFORMATION SHEET
AGENDA DATE:June 17, 2008
DEPARTMENT:Planning and Development
ACM: Fred Greene
SUBJECT:SD07-0001(Rayzor RanchSpecial Sign District)
Hold a public hearing and consider adoption of an ordinance of tty of Denton,
Texas, providing for a special sign district within the Rayzor Ranch Overlay zoning
district. The subject property contains approximately 410 acres and is located generally
on both sides of U.S. Highway 380 (West University Drive), betwenterstate Highway
35 and Bonnie Brae Street and is legally described in the attached Exhibit 7; providing
for a penalty in the maximum amount of $2,000.00 for violations
an effective date. (SD07-0001) The Planning and Zoning Commission recommends
approval of this rezoning request (6-0).
BACKGROUND:
Applicant: Allegiance Development Dallas, TX
The parcel north of U.S. 380 contains approximately 153 acres (N
currently undeveloped. The applicant proposes to construct a combination of retail and
single family residential uses. The parcel south of U.S. 380 co
acres (Southern Tract) and is undeveloped (a single family struc
removed). The applicant is proposing to develop a combination of retail (pad sites and an
outdoor mall), residential (single family and multifamily), two
and park uses (See Exhibit 3).
The purpose of a special sign district designation is to allow properties to devi
the sign regulations found in Subchapter 15, Signs and Advertisi
qualifying property has an alternative comprehensive plan that i
could be accomplished under standard regulations. At this time, the City Council is being
asked to consider the framework of a proposed Special Sign District for Rayzor Ranch.
More detailed analysis is needed prior to approval of the specif
dimensions and design guidelines.
Attached are a portion of the draft guidelines that will be analyzed by staff and brought
back to the City Council for consideration at a later date (See Exhibit 4). Staff is of the
opinion that the Rayzor Ranch development merits the creation of the pro
that appropriate guidelines that are compatible with the Denton Development Code will
be achieved.
1
The applicant is requesting that the framework for this district
order for them to meet critical time sensitive obligations regarent of
the proposed Wal- The applicant is requesting to utilize the
proposed Denton Development Code Subchapter 15 amendments to the
(subject to City Council approval of case number DCA08-0004 on June 17, 2008) in
order to relocate a billboard from U.S. 380 frontage to the I-35 frontage with a net impact
of reducing the total number of billboards from 2 to 1 (See Exhi
billboard in a timely manner will keep the proposed retail develschedule for a
proposed opening date of August, 2009.
The properties surrounding the entire 410-acre site are being sent notices for each phase
of public hearings since the proposed standards affect property
Public notification information is provided in Exhibit 6. As of this writing, staff has not
received responses from property owners within 200 feet of the subject site.
OPTIONS:
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Table item.
RECOMMENDATION:
approval
Planning and Development Staff recommend of this request subject to specific
sign locations dimensions and design guidelines being considered by the Planning and
Zoning Commission and City Council at a future time.
approval
The Planning and Zoning Commission recommends of this rezoning request
(6-0).
PRIOR ACTION/REVIEW:
1. December 6, 2006 Planning and Zoning Commission Work Session Reg
Proposed Mobility Plan Amendment for Rayzor Ranch
2. January 10, 2007 Planning and Zoning Commission Public Hearing Regarding
Proposed Mobility Plan Amendment for Rayzor Ranch (The Commission
recommended approval 7-0)
3. February 20, 2007 City Council Public Hearing Regarding Proposed
Amendment for Rayzor Ranch (The Council approved 7-0)
4. February 21, 2007 Planning and Zoning Commission Work Session Regarding
Northern Tract Comprehensive Plan Amendment
5. February 28, 2007 Planning and Zoning Commission Work Session Re
Proposed Rayzor Ranch Overlay District
6. March 7, 2007 Planning and Zoning Commission Work Session Regarding Proposed
Rayzor Ranch Overlay District
7. March 14, 2007 Planning and Zoning Commission Work Session and P
Regarding Northern Tract Comprehensive Plan Amendment and First Phase of
2
Rayzor Ranch Overlay District (The Planning and Zoning Commission recommended
approval 7-0)
8. March 27, 2007 City Council Public Hearing Regarding Northern Tr
Comprehensive Plan Amendment and First Phase of Rayzor Ranch Ove
(The City Council Approved 7-0)
9. April 2, 2007 City Council Work Session Regarding Southern Tract Comprehensive
Plan Amendment and Remaining Phases of Rayzor Ranch Overlay District
10. April 18, 2007 Planning and Zoning Commission Regarding Work Session Regarding
Southern Tract Comprehensive Plan Amendment and Remaining Phases of Rayzor
Ranch Overlay District
11. May 9, 2007 Planning and Zoning Commission Work Session and Public Hearing
Regarding Southern Tract Comprehensive Plan Amendment and Second Phase of
Rayzor Ranch Overlay District and Rezoning. (The Commission recommended
approval 7-0)
12. May 15, 2007 City Council Public Hearing Regarding Completion of the
Comprehensive Plan Amendment and Second Phase of Rayzor Ranch Overlay
District (City Council Approved 7-0)
13. November 28, 2007 Planning and Zoning Commission Work Session and Public
Hearing Regarding Third Phase of Rayzor Ranch Overlay District and Rezoning.
(The Commission recommended approval 6-0)
14. January 8, 2008 City Council Public Hearing Regarding Third Phase of Rayzor
Ranch Overlay District and Rezoning (City Council Approved 7-0)
15. April 9, 2008 Planning and Zoning Commission Public Hearing Regarding request to
Amend Architectural Guidelines. (The Commission recommended denial 3-2) Case
was not appealed to City Council.
16. June 11, 2008 Planning and Zoning Commission Public Hearing Regarding request to
create a Special Sign District for Rayzor Ranch (The Commission recommended
approval 6-0)
EXHIBITS:
1. Staff Analysis
2. Aerial Overview of Entire Subject Property
3. Master Site Plan
4. Partial Draft Special Sign District Guidelines
5. Billboard Relocation
6. Notification Map
7. Ordinance
3
Prepared by:
Chuck Russell, AICP
Planner Supervisor
Respectfully submitted:
Mark Cunningham, AICP
Director of Planning and Development
4
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANALYSIS
CASE NO: SD07-0001 DATE TO BE CONSIDERED: June 17, 2008
LOCATION:The property is located on both sides of U.S. Highway 380 (West
University Drive) between Interstate Highway 35N and Bonnie
Brae Street
OWNER/ Allegiance Development
APPLICANT:14881 Quorum Drive, Suite 950
Dallas, TX 75254
REQUEST:Establishment of a Special Sign District (SSD). The proposed
Special Sign District is located within the boundaries of Rayzor
Ranch Overlay District which encompasses approximately 410
acres of land located generally on both sides of U.S. Highway 38
(West University Drive), between Interstate Highway 35 and
Bonnie Brae Street.
RECOMMENDATION: Planning and Development Staff recommend
approval of the request, subject to specific sign
locations dimensions and design criteria.
The Planning and Zoning Commission
recommends approval of this rezoning request (6-
0).
ZONING Rayzor Ranch Overlay District.
DISTRICTS:
COMPREHENSIVE PLAN
DESIGNATIONS:
SITE AND SURROUNDINGS
: The property is currently undeveloped.
North:
Neighborhood Residential 3 (NR-3), Neighborhood Residential
Mixed Use 12 (NRMU-12); Office, Townhome, Single Family
Detached, Undeveloped Land and a Church
East:
Neighborhood Residential 2 (NR-2), Neighborhood Residential 3
(NR-3), Neighborhood Residential Mixed Use 12 (NRMU-12) and
Community Mixed Use General (CM-G); City Parks, Retail and
Single Family
5
South:
Downtown Commercial General (DC-G) and Regional Center
Commercial Downtown (RCC-D); Hospital and Office
West:
Regional Center Commercial Downtown (RCC-D), Community
Mixed Use General (CM-G) and Industrial Center Employment
(IC-E); Retail, Commercial, Lodging and Undeveloped Land
BACKGROUNDINFORMATION
:
Northern Tract:
The applicant is proposing to develop approximately 892,000 total square feet of
commercial uses on the Northern tract which will consist of 454,000 square feet in three
287,000 square feet of s 100,000
square feet of stand-alone retail, office and restaurant uses in addition to approximately
112 single family detached and attached units (townhomes). Two gas well pads are also
proposed along the north side of the subject site. The retail portion of the Northern Tract
will comprise approximately 107 acres with the residential area using the most of the
remaining 46 acres.
The Northern Tract will also include approximately 9 acres of op
aside to serve primarily as a drainage and water quality feature (This area may increase in
size). There is also a large water mitigation area being proposed on the northwest side of
the tract. The applicant has worked with staff to utilize the latest guidel
North Central Texas Council of Governments regarding control of
typically flow off of commercial property during storms. The water quality feature will
be the first of its kind in Denton and will help prevent materia
Lakes pond across Bonnie Brae Street from the site.
The approved commercial zoning for the Northern Tract is based on the Regional Center
Commercial Downtown (RCC-D) zoning district as modified by the Overlay District.
The permitted uses have been modeled on the attached Master Site Plan. The request to
change the base zoning for the proposed single family residential subarea will be brought
forward for public hearing at a later date.
Southern Tract:
The applicant is proposing to develop a total of approximately 1
commercial uses on the Southern Tract which will consist of 450,quare feet in three
large department stores, a junior anchor and a book store; 419,0
theater and food court uses incorporated into the outdoor mall; and 234,000 square feet of
standalone retail, restaurant and grocery store uses. Two 8 to 10 story hotels, a
continuing care facility and approximately 360,000 square feet o
being proposed. Finally, the applicant is proposing to develop approximately 185 single
family detached units, and 496 single family attached units (townhomes) and up to 750
multifamily units on the Southern Tract. Two gas well pads are proposed along the east
(Bonnie Brae) side of the subject site. The Southern Tract will also include
6
approximately 18.21 acres park land which includes a 15-acre central park that is planned
to contain an outdoor entertainment facility and one or two muse
ANALYSIS
:
Development Code/Zoning Analysis:
Section 35.7.3.D. Regulations or Design
Standards for any Special Purpose and Overlay District shall be designed to reasonably
promote the purposes of the district, and may require or address
addition to or in lieu of other regulations affecting property w
and Overlay District.
1. Protection of features designated as being of special concern
2. Mixtures or limitations or permitted uses;
3. Special performance standards and development regulations;
4. Other matters as appropriate to promote the special public interests of the district.
The proposed Rayzor Ranch development will contain a mixture of
to the creation of a special sign district. Creating a unified theme for signs in this
development is consistent with the architectural guidelines and other regulations
contained within the existing Rayzor Ranch Overlay District.
DEPARTMENT AND AGENCY REVIEW
:
Signs will not be permitted within public easements or right of
to obstruct access to those easements. Building Inspection also has extensive comments
that must be complied with prior to the specific sign locations dimensions and design
criteria of this proposed district being approved.
FINDINGS:
Section Denton Development
Code states:
The City Council may approve the creation of a sign district for
more than three hundred (300) feet of continuous street frontage on one (1) public stree
if it finds the district:
A. Provides a comprehensive plan for signs that would be clearly su
be allowed without the plan;
B. Would be compatible with surrounding properties. In considering
and sign plan is
shall consider, but are not limited to considering the following:
Scale.
1. The relationship between and compatibility of sign scale, site s
scale of nearby buildings.
7
Color.
2. The relationship between and compatibility of sign color to the color of
nearby buildings and landscaping: The degree to which sign colors are
complimentary to its surroundings.
Material.
3. The materials of the signs and how they relate to their surround
Shape.
4. The shape and design of the signs and how they relate to their
surroundings.
Landscaping.
5. The relationship of signs to landscaped features in and outside
district.
Traffic Safety and Traffic Circulation.
6.
view, the degree to which view obstructions are created or improved, avoidance
of confusion with or obstruction of traffic control signs and devices, and the time
it takes a motorist to read the sign.
Illumination.
7. The impact and compatibility of sign illumination within the
district and in relation to neighboring properties. The avoidance of glare and light
pollution.
Integration.
8. How the signs in the district are integrated into a unified
development concept with the topography, building design, other signs,
landscaping, traffic circulation and other development features on the district and
nearby property.
a. Is not being used merely to avoid or gain a variance of the sign
b. Does not violate the spirit or intent of the sign regulations; a
c. Complies with the requirements of this section.
Attached are a portion of the draft guidelines that will be analyzed by staff and brought
back to the City Council for consideration at a later date (See Exhibit 4). Staff is of the
opinion that the Rayzor Ranch development merits the creation of the proposed SSD
that appropriate guidelines that are compatible with Section 35.15.18.4 of the Denton
Development Code can be achieved.
8
EXHIBIT 2
Aerial Overview of Entire Subject Property
UNIVERSITY
B
O
N
N
I
E
B
R
A
E
I-35N
9
EXHIBIT 3
Master Site Plan
10
EXHIBIT 4
Partial Draft Special Sign District Guidelines
11
12
13
EXHIBIT 5
Billboard Relocation
14
EXHIBIT 6
Notification Map
Public Notification Date: May 29, 2008
*
sent via Certified Mail: 80
In Opposition: 0
In Favor: 2
Neutral: 1
*-A copy of the notification list is available at City Hall West, 221
N. Elm Street, Denton, TX
15
AGENDA INFORMATION SHEET
AGENDA DATE: June 17, 2008
DEPARTMENT: Economic Development
ACM: George Campbell, City Manager
SUBJECT
HOLD A PUBLIC HEARING AND CONSIDER ADOPTION OF AN ORDINANCE
AMENDING SUBCHAPTER 7 OF THE DENTON DEVELOPMENT CODE
CREATING AND TO PROVIDE FOR REGULATIONS FOR THE WEST OAK AREA
HISTORIC DISTRICT, INCLUDING ARCHITECTURAL, SIGN, AND PARKING
REGULATIONS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (HISTORIC LANDMARK
COMMISSION RECOMMENDS APPROVAL 8-0; PLANNING AND ZONING
COMMISSION RECOMMENDS APPROVAL 6-0).
BACKGROUND
Applicant: Elise Ridenour and Karen Devinney Denton, TX
It is a Denton Plan policy to protect and preserve existing neighborhoods. One of the
Historic Preservation Goals listed is to Identify and create additional historic and
conservation districts (page 95). Enacting appropriate historic and conservation districts
preserves the unique quality of neighborhoods within the city and achieves land use and
historic preservation goals of protecting the integrity of existing neighborhoods. The
proposed West Oak Area Historic District is comprised of approximately 52.01 acres,
currently zoned as NR-3.
The West Oak Area neighborhood is an important architectural and cultural cross-section
of the city of Denton. At one time, this area was just outside the western extreme of the
city, containing small farms and ranches. When (what is now) the University of North
Texas moved from the Square in 1891, the Eugene Puchalski Survey was divided into ten
acres for the university and the rest was annexed as the College Addition. Twenty houses
in the proposed historic district are listed as a high priority for preservation on the 1995
Historic Resources Inventory; two are ONeil Ford designs.
Many important university figures built houses in this area in order to be close to the
campus: longtime president J. C. Mathews lived at 305 Marietta from its construction in
1937 until 1952. The founding dean of the world-famous College of Music, Wilfred
Bain, owned 2227 Houston Place. This house lies next to 2223 Houston Place, home of
Florence Scoular, founding dean of the School of Home Economics, now Merchandising
and Hospitality Management. T. J. Fouts, football coach, and namesake for Fouts Field,
built 2101 West Oak in 1924. Stovall Hall was named after Floyd Stovall, founding
dean of the College of Arts and Sciences, who built 2021 West Oak. The area continues
to attract university faculty and administrators, as well as pro
occupation.
- 1 -
Section 35.7.8.4 of the Denton Development Code provides for the establishment of
historic districts. The proposed district application has met the following criteriain
Section 35.7.6.5 containing:
A. A statement of purpose setting forth the commissions reasons for
recommending designation of the district;
B. A legal description of the boundaries of the district;
C. Maps, charts and photographs of the buildings, structures, sites, areas or lands
located within the district;
D. Findings that support the criteria required in Sections 35.7.6.5 and 35.7.6.13, if
applicable, that establishes the particular importance or value of the district;
E. Recommendations for the protection and preservation of the district referred to
as the district preservation plan.
EXHIBITS
A. Legal description
B. Location Map
C. Notification Map
D. Draft ordinances including design guidelines
E. Historic District Application
F. Excerpt of minutes from 3-10-08 Historic Landmark Commission meeting.
G. Excerpt of minutes from 5-7-08 Planning and Zoning Commission meeting
H. Comments from owners within 200 of district
Prepared by:
_
Julie Glover
Historic Preservation Officer
Respectfully submitted:
_______________________________
Linda Ratliff, Director
Economic Development Department
- 2 -
WEST OAK AREA HISTORIC DISTRICT BOUNDARY DESCRIPTION
ALL that certain lot, tract or parcel of land lying and being si
Abstract Number 996, in the City and County of Denton, State of
described as follows:
BEGINNING at the southeast corner of Lot 1 of the Jagoe Addition
recorded in Volume 75, Page 173 of the Deed Records of Denton Co
intersection of the west right-of-way line of Jagoe Street and t
Street and being the southeast corner of a tract conveyed to Gea
deed recorded under ClerkÔs File Number 01-R0013619, RPRDCT;
THENCE West, along the said north right-of-way line of West Oak
Lot 1 a distance of 59 feet to a point for corner;
THENCE South a distance of 222 feet to a point for corner, said
atract conveyed to Rick M. Crider by deed recorded under ClerkÔs
the Real Property Records of Denton County, Texas (RPRDCT);
THENCE West, along common lot lines, a distance of 829.33 feet t
lying on the east right-of-way line of Miller Street and being t
conveyed to Messanger Fellowship by deed recorded under ClerkÔs
RPRDCT;
THENCE North along the east right-of-way line of Miller Street a
corner;
THENCE West, crossing Miller Street and continuing along common
feet to a point for corner, said point lying on the west right-o
THENCE South along the west right-of-way line of North Texas Bou
point for corner, said point being the southeast corner of a tra
deed recorded under ClerkÔs File Number 93-R0046607 in the RPRDC
THENCE West, along common lot lines, a distance of 110 feet to a
on the east west right-of-way line of Fouts Street and being the
tract;
THENCE North, along the east west right-of-way line of Fouts Str
for corner;
THENCE West, crossing Fouts Street and continuing along common l
456.53 feet to a point for corner, said point being the southwes
Steven Friedson and Elise Ridenour by deed recorded under ClerkÔ
RPRDCT;
Page 1 of 4
THENCE North, along the west line of said Friedson/Ridenour trac
for corner, said point being the southeast corner of a tract con
recorded under ClerkÔs File Number 93-R0090579, RPRDCT;
THENCE West, along the south line of said Martin tract a distanc
said point lying on the east right-of-way line of Avenue G;
THENCE North, along the east right-of-way line of Avenue G most
feet to a point for corner, said point lying on the north right-
THENCE West, along the north right-of-way line of West Oak Stree
point for corner, said point being the southwest corner of a tra
Lynda Nolen by deed recorded in Volume 1844, Page 626 of the Rea
County, Texas;
THENCE North along the west line of said Nolen tract a distance
said point being the northwest corner of said Nolen tract;
THENCE East along the north line of said Nolen tract a distance
said point being the northeast corner of said Nolen tract;
THENCE South along the east line of said Nolen tract a distance
said point being the northwest corner of a tract conveyed to Den
recorded under ClerkÔs File Number 95-R0046691, RPRDCT;
THENCE East along the north line of said Paz tract a distance of
point being the northeast corner of said Paz tract;
THENCE South along the east line of said Paz tract a distance of
point being the northeast corner of a tract conveyed to Mustafa
recorded under ClerkÔs File Number 04-R0069364, RPRDCT;
THENCE East along the north line of said Duhza/Facja tract most
feet to a point for corner, said point lying on the east right-o
THENCE North, along the east right-of-way line of Thomas Street
point for corner, said point being the northwest corner of a tra
deed recorded under ClerkÔs File Number 99-R00120899, RPRDCT;
THENCE South 89 degrees, 42 minutes, 20 Seconds East, along comm
454.12 feet to a point for corner, said point being the northeas
Harpool, Jr. by deed recorded in Volume 316, Page 564 of the Dee
Texas;
THENCE North a distance of 22.4 feet to a point for corner, said
atract conveyed to Sharon Mattox by deed recorded under ClerkÔs F
RPRDCT;
Page 2 of 4
THENCE South 89 degrees, 19 minutes, 42 seconds East, along comm
352.49 feet to a point for corner, said point being the northeas
by succession, June 6, 2003;
THENCE South along the east line of said Sloan tract a distance
said point being the northwest corner of a tract conveyed to Ron
recorded under ClerkÔs File Number 2007-137148, RPRDCT;
THENCE South 89 degrees, 19 minutes, 42 seconds East, along comm
200 feet to a point for corner, said point being the northeast c
Subhia Ayyad by deed recorded under ClerkÔs File Number 2008-231
THENCE North a distance of 14 feet to a point for corner, said p
tract conveyed to Bradley Family Trust A by deed recorded under
R0060631, RPRDCT;
THENCE South 89 degrees, 19 minutes, 42 seconds East, along comm
159 feet to a point for corner, said point being the northeast c
Wesley Earp by deed recorded in Volume 571, Page 592 of the Deed
Texas;
THENCE North a distance of 26 feet to a point for corner, said p
tract conveyed to Robbie L. Robison by deed recorded under Clerk
RPRDCT;
THENCE South 89 degrees, 19 minutes, 42 seconds East, along the
adistance of 110 feet to a point for corner, said point being the
tract;
THENCE South 00 degrees, 38 minutes, 38 seconds West, along the
Robison tract, across Houston Place Street and continuing South
distance of 628.48 feet to a point for corner, said point being
conveyed to McClung Family Trust by deed recorded under ClerkÔs
RPRDCT;
THENCE East, along the north line of said McClung tract a distan
corner, said point being the northeast corner of said McClung tr
THENCE South, along the east line of said McClung tract a distan
corner, said point being the northwest corner of a tract conveye
deed recorded under ClerkÔs File Number 04-R0011729/04-R0011730,
THENCE East, along the entire north line of said Silvernale trac
Street a total distance of 112.18 feet to a point for corner, sa
line of Bradley Street;
Page 3 of 4
THENCE North, along the east right-of-way line of Bradley Street
for corner, said point being the northwest corner of a tract con
recorded in Volume 926, Page 529, Deed Records, Denton County, T
THENCE East, along common lot lines a distance of 426.38 feet to
lying on the west line of a tract conveyed to Joseph E. and Mary
Volume 1603, Page 380 of the RPRDCT;
THENCE North, along common lot lines a distance of 510.18 feet t
being the northwest corner of a tract conveyed to Jinohn Wekesse
File Number 05-R129328, RPRDCT and being on the south right-of-w
Street;
THENCE East along the entire north line of said Wekesser tract a
of Houston Place Street, continuing across Marietta Street a tot
for corner, said point lying on the east right-of-way line of Ma
tract conveyed to Bell Residential, Ltd. by deed recorded under
RPRDCT;
THENCE North along said lines a distance of 67.81 feet to a poin
northwest corner of said Bell tract;
THENCE East along the north line of said Bell tract a distance o
point being the northeast corner of said Bell tract;
THENCE South, along common lot lines a distance of 562.72 feet t
being the northwest corner of a tract conveyed to Patricia Porte
Page 382, RPRDCT;
THENCE East along the entire north line of said Porter tract and
atotal distance of 159 feet to a point for corner, said point bei
Jagoe Addition, and being the northeast corner of a tract convey
Watson by deed recorded under ClerkÔs File Number 01-R0013619, R
on the west right-of-way line of Jagoe Street;
THENCE South along the west right-of-way line of Jagoe Street an
Addition a distance of 212 feet to the POINT OF BEGINNING and co
Page 4 of 4
EOGAJ
RELLIM
West Oak Area Historic District Application
The West Oak Area neighborhood is an important architectural and
cultural cross-section of the city of Denton, revealing the history of the city
it grew and developed. As the population of the city increases and the
At one time this area was just outside the western extreme of th
containing small farms and ranches. When what is now the Univer
North Texas moved from the Square in 1891, the Eugene Puchalski Surv
divided into ten acres for the university and the rest annexed a
Addition. Built in 1892, 2212 West Oak is the oldest house in t
historic district. It is an original farmhouse sitting on a 3-acre section of the
original 12-acre farmstead. Listed as high priority for preservation on the 1995
Historic Resources Inventory, it is an elegant L-plan with wood siding and a
wrap-around front porch. Like many other properties in the district, it had a
barn in the back. All the parcels of land on the north side of West Oak appear
on the Eugene Puchalski to have been between 8 and 15 acres in s
were parceled beginning in the mid-1920s by the second generation of the
original families, the Craddocks and the Ballards.
The area changed with the city from rural to urban residential a
turn of the last century. Reflecting the population growth of D
increased wealth, several lovely Classical or Colonial Revival homes were
constructed in the early 1900s. 1708 West Oak was built by one
faculty members of what is now the University of North Texas, W. N. Masters,
in 1914. Masters Hall (the Chemistry Building) was named after him. Shortly
after 1708 was constructed, in 1920, a bungalow with detached
garage/apartment was built across the street. The outbuilding still stands,
while the home was replaced by a ranch-style home. Also built in 1914 was
2003 West Oak, a modified L-Plan. Like the Silk Stocking Row homes a few
blocks east on West Oak, these homes were built for show, not th
functionality of a farmhouse. Other Revival homes are at 1820, 2021, 2041,
and 1914 West Oak. 2021 and 2041 West Oak are listed as high priority for
historic preservation. Many of these properties have been lovingly maintained
and in some cases restored. The owners of 2021 West Oak, Fred a
Hamilton, plan to apply for a historic plaque.
The Revival styles continued to be popular even after the less-showy
bungalows came into style in the late 1930s. Marietta began to be developed in
the late 1930s, although there is a 1925 bungalow on the street,Some
beautiful bungalows in very good shape lie within the proposed d
Marietta: 209, 309, and 403. All are listed as high priority on the HRI. Other
homes on Marietta that are high priority are 308 and 314. These
as Asymmetrical on the HRI.
Other bungalows in the district include 2033 West Oak, a Colonia
Revival Bungalow. While it is listed as only low for historic preservation, the
current owner, Lynne Cagle Cox, purchased it from the daughter o
builders, who lived in the house her entire life. 2101 (built 1
added 1937) and 2205 West Oak are other bungalows. Built in 1937, 2107 is a
lovely Tudor Revival Bungalow and is listed as high priority for
preservation. A Craftsman Bungalow is at 2211. This is closer t
bungalow style.
ed by the success of its
district: 220 Marietta and 2280 West Oak. The home on Marietta
for Annie Alford in 1939 and that on West Oak for Jack Johnson i
can see the influence of his ideas in the asymmetrical homes on Mari
amidst more traditional bungalows. One of the most striking homin the
district is 2230 West Oak, a Moderne-style home built in 1945. It is still
unusual for Denton and is listed as high priority on the HRI.
The youngest homes in the proposed district are the Ranch-style homes
at 1717, 1800, 1823, 1905, 1907, and 1919. These reflect national trends
after the war, when increased prosperity allowed more people to
created a demand for attached garages.
In all, 20 existing homes in the proposed district are high priority on the
HRI. It is hoped that becoming a historic district will encourage the type of
investment in the neighborhood that will lead to restoration of some of the
medium-priority homes to their original condition. Also, the ranch houses
have become historic since the original inventory was done. Perhaps an
updated inventory would increase this number.
he awarding of a
city historical plaque for 2044 West Oak in 2007. This home was built between
1895 and 1900. It was remodeled in 1924 and 1950 into its current
appearance by two generations of the Craddock family. They owned
in the 1920s.
Not only is the area important for the architecture it preserves
for the historical importance of its original inhabitants. Mill
between Hickory and West Oak, was named after the original inhabitant of
1920 West Oak, L. L. Miller. W. M. Jagoe built the Colonial Revival home at
1801 West Oak in 1925, as he developed many properties in the ar
course Jagoe Street is named after him.
As suggested by W. N. Ma
university figures built houses in order to be close to the camp
president J. C. Mathews lived at 305 Marietta from its construction in 1937
until 1952. The university built a home on campus for its presi
The founding dean of the world-famous College of Music, Wilfred Bain, owned
2227 Houston Place. This house lies next to 2223 Houston Place,
Florence Scoular, founding dean of the School of Home Economics, now
Merchandising and Hospitality Management. T. J. Fouts, football
1958. Stovall Hall was named after Floyd Stovall, founding dean of the College
of Arts and Sciences, who built 2021 West Oak, also listed as hi
the Historic Resources Inventory (HRI). Other faculty built related houses,
including 2205 West Oak, built by Victor Craig in 1926, and 1819 West Oak,
built by J. P. Magee. The area continues to attract university faculty and
administrators too numerous to mention, as well as prominent citizens of every
occupation.
Whatever their profession, these homeowners are anxious to prese
and restore the buildings as well as the history that their houses re
historic district here would also be a template for the future.
fastest growing areas in the city, and several multi-
except for the past that they represent. They are the remnants of the 12-acre
rural plots that supported families in the early days of Denton.
a historic district will help shape the inevitable build-up on these lots in order
to preserve the traces of the past and continue to create a livable future for the
children of Denton. This neighborhood is the heart of Denton an
encouragement that a historic district represents.
Description of Properties
in Proposed West Oak Area Historic District
Proposed district includes 89 houses on 92 lots, consisting of approximately 52.01
Boundaries
are:
1) West Oak Street from 1702 West Oak to 2280 on the north, and
on the south. This is roughly from Jagoe/Ave. C to Thomas, plus
2) Marietta Street from 209 to 404. This is from West Oak to the
Houston Place.
3) Houston Place from 2015 to 2232. This is from Bradley to Thom
11 non-contributing houses.
4) Alamo Place from 2224-2234. This is the entire cul-de-sac.
See attached map.
In the house descriptions
,
**= Not on Historic Resources Inventory
Materials and architectural styles are taken from the 1995 Historic Resources
Inventory.
In most cases, the date of construction listed on Historic Resources Inventory has
been rounded to the nearest half-decade.
Information about faculty and administrators at what is now the University of
North Texas is found in The Story of North Texas by James L. Rogers, published
by the University of North Texas Press, 2002.
1
West Oak Street
1702 West Oak **
a. Date of construction: 1920
b. Builder or architect:
c. Chain of uses and ownership: Residential use/ Currently Commercial use as
daycare
Fred H. Minor
Current owner: Hargrove Private Schools, Inc. c/o Geary and Margaret Watson
d. Architectural style: Bungalow
e. Materials:
f. Construction technique:
g. Recognition by governmental body:
2
1708 West Oak
a. Date of construction: 1914 (HRI says 1910)
b. Builder or architect:
c. Chain of uses and ownership: Residential
built by W. N. Masters
current owners: Perch Brothers
d. Architectural style: Four Square, Classical Revival
e. Materials: Synthetic Siding
f. Construction technique:
g. Recognition by governmental body:
Notes: W. N. Masters was founding faculty in chemistry at what is now UNT. Masters
Hall was named after him.
3
1
707-1709 West Oak (existing building behind 1707 is from this origin
House was torn down.)
a. Date of construction: 1920
b. Builder or architect:
c. Chain of uses and ownership: Residential
Annabelle Pritchard
d. Architectural style:
e. Materials:
f. Construction technique:
g. Recognition by governmental body:
4
1717 West Oak
a. Date of construction: 1954
b. Builder or architect:
c. Chain of uses and ownership: Residential
Henry G. Shinds
d. Architectural style: Ranch
e. Materials:
f. Construction technique:
g. Recognition by governmental body:
5
1718 West Oak
a. Date of construction: 1941
b. Builder or architect:
c. Chain of uses and ownership: Residential
Built by James Abner Martin
Purchased by Frances J. Hills 1942
d. Architectural style: Bungalow
e. Materials: Synthetic siding
f. Construction technique
g. Recognition by governmental body
6
1721 West Oak **
a. Date of construction: 1951
b. Builder or architect:
c. Chain of uses and ownership: Residential
Mrs. Marquis, Sr.
[Handwriting illegible]
J. L. Ginnings (1959)
d. Architectural style:
e. Materials:
f. Construction technique:
g. Recognition by governmental body:
7
1722 West Oak
a. Date of construction: 1961
b. Builder or architect:
c. Chain of uses and ownership: Residential
Current Owner: (Brenda) Helen Ikerd
d. Architectural style: Ranch
e. Materials:
f. Construction technique:
g. Recognition by governmental body:
8
1800 West Oak **
a. Date of construction: 1953
b. Builder or architect: Deane C. Manning, Architect, in Dallas.
c. Chain of uses and ownership: Residential
Annie Hughey (lot only)
Mr. and Mrs. William F. Brooks (1953, built house)
Caroline S. Polliard (purchased from Robbie Martin Brooks, the wid
W. F. Brooks, on April 17, 1978)
d. Architectural style: Ranch
e. Materials: Brick
f. Construction technique:
g. Recognition by governmental body:
9
1801 West Oak
a. Date of construction: 1942 (HRI says 1925)
b. Builder or architect:
c. Chain of uses and ownership: Residential
W. M. Jagoe
Current owner: Stephen H. Morriss. (bought 2007 from John Enlow)
d. Architectural style: Center Passage. Colonial Revival
e. Materials: Synthetic siding
f. Construction technique:
g. Recognition by governmental body:
10
1819 West Oak **
a. Date of construction: 1949. Addition 1957.
b. Builder or architect:
c. Chain of uses and ownership: Residential
J. P. Magee
Lula P. Marquis (bought 1949)
Ray V. Hunt (bought 1951)
d. Architectural style:
e. Materials:
f. Construction technique:
g. Recognition by governmental body:
11
1820 West Oak (Lot #18 and West 33 1/3 feet of Lot #17 of Normal Heights Addit
a. Date of construction: 1939
b. Builder or architect: S. Clyde Carpenter (at 714 E. Hickory, Denton), builder.
A. W. Pearson paid $7,500 for construction.
c. Chain of uses and ownership: Residential
A. W(ilburn) Pearson
Truitt Doyle (bought house 1953)
David McGuire (bought house 1965)
S. David Holdeman and Karen DeVinney (bought house 1998)
d. Architectural style: Rectangular. Colonial Revival.
Porch on east side of house was enclosed in 1985 to be made into
office when Dr. McGuire retired from the UNT College of Music.
e. Materials:
f. Construction technique:
g. Recognition by governmental body:
12
1822 West Oak
a. Date of construction: 1900 (est.) (HRI says 1920)
b. Builder or architect:
c. Chain of uses and ownership: Residential
J. W. Sanders
Charlie Wilkins (bought June 2, 1943)
A. W. Pearson (bought June 17, 1943)
X. X. Jay (bought October 20, 1943)
Mary Story (bought May 26, 1945)
Mrs. Lee Harmonson (bought May 1, 1946)
Wilbert Anson Sewalt (bought June 29, 1946)
Current owner: David Bynum
d. Architectural style: Bungalow
e. Materials: Wood siding
f. Construction technique:
g. Recognition by governmental body:
Note: originally included a barn in the back southeast corner.
13
1823 West Oak **
a. Date of construction: 1949
b. Builder or architect:
c. Chain of uses and ownership: Residential
Stella S. Long
Helen Sarvis (conversion 1986)
Curtis and Kathleen Elder (bought 2000)
Lawrence Peebles (bought 2004)
Charles and Melina Peebles (bought 2006)
d. Architectural style:
e. Materials: Redwood siding
f. Construction technique:
g. Recognition by governmental body:
Note: Originally had air conditioning according to tax records.
14
1902 West Oak ** burned c. 2000
a. Date of construction: 1900 estimated
b. Builder or architect:
c. Chain of uses and ownership: Residential
J. Sims (owner in 1922)
Mrs. Persis Terhune (bought 1944)
Carl L. Herr (bought January 30, 1946)
T. E. Standefer (bought October 24, 1946)
Nelle Underwood (bought April 19, 1947)
d. Architectural style: Center Passage
e. Materials: Wood
f. Construction technique
g. Recognition by governmental body
Note: originally had a barn in back, southeast (?) corner
15
1905 West Oak **
a. Date of construction: 1950
b. Builder or architect:
c. Chain of uses and ownership: Residential
Tom T. Floyd
Current owner: Joyce Palmer
d. Architectural style: Ranch
e. Materials: Redwood siding with brick
f. Construction technique:
g. Recognition by governmental body:
16
1907 West Oak **
a. Date of construction: 1951
b. Builder or architect: Built by J. P. Magee (Magee Subdivision)
c. Chain of uses and ownership: Residential
T. H. Richardson
J. E. Allen (bought in 1951)
Current owner: Messenger Fellowship (bought 2006)
d. Architectural style: Ranch
e. Materials: Brick veneer
f. Construction technique:
g. Recognition by governmental body:
17
1910 West Oak **
a. Date of construction: 1948
b. Builder or architect:
c. Chain of uses and ownership: Residential
W. F. Ledlow (land only? 1931)
John E. Savage (1947)
John Dolan (bought 1995)
Ronald and Elizabeth Murvihill (bought 1999)
Mohammad Ghadiri (bought 2000)
Cornelius and Jane Matwijecky (bought April 2007)
Current owner: Camps Life LLC (bought May 2007)
d. Architectural style: ranch
e. Materials: brick
f. Construction technique:
g. Recognition by governmental body:
18
1914 West Oak
a. Date of construction: 1925
b. Builder or architect:
c. Chain of uses and ownership: Residential
H. Dannelley
Jess L. Gerding (bought August 20, 1952)
Current owner: Clint Miller
d. Architectural style: Center Passage. Colonial Revival
e. Materials: Synthetic siding.
f. Construction technique:
g. Recognition by governmental body:
19
1920 West Oak
a. Date of construction: 1927 (HRI says 1925)
b. Builder or architect:
c. Chain of uses and ownership: Residential
L. L. Miller
Current owner: Dixie and Marsha Stevenson
d. Architectural style: Four Square. Colonial Revival.
e. Materials: Wood frame exterior with face brick.
f. Construction technique:
g. Recognition by governmental body:
Notes: The street that dead-ends on West Oak at this point is named after the original
owner.
House is listed as High Priority on Historic Resources Survey.
20
2003 West Oak
a. Date of construction: 1914
b. Builder or architect:
c. Chain of uses and ownership: Residential
E. D. Miller
Witt Blair and Artemisia B. Bryson (1949)
James Lathan (1957)
Current owner: Darlene Stewart
d. Architectural style: Modified L-Plan
e. Materials: Wood Siding
f. Construction technique:
g. Recognition by governmental body: Historic Resources Inventory l
property as high priority.
21
2010 West Oak
a. Date of construction: 1924 (HRI says 1925)
b. Builder or architect:
c. Chain of uses and ownership: Residential
G. A. Odam
d. Architectural style: Center passage. Colonial Revival.
e. Materials: Wood frame. Wood siding.
f. Construction technique:
g. Recognition by governmental body: Listed on HRI as high priority.
22
2011 West Oak
a. Date of construction: 1940
b. Builder or architect:
c. Chain of uses and ownership: Residential
Dr. Arthur M. Sampley (also owned neighboring lot)
d. Architectural style: L-Plan
e. Materials: Synthetic Siding
f. Construction technique:
g. Recognition by governmental body:
23
2016 West Oak
a. Date of construction: 1924 (HRI says 1925)
b. Builder or architect:
c. Chain of uses and ownership: Residential
J. N. Brown
d. Architectural style: Center passage. Colonial Revival.
e. Materials: Wood frame. Synthetic siding.
f. Construction technique:
g. Recognition by governmental body:
Notes: garage apartment built 1910?
24
2021 West Oak
a. Date of construction: 1939
b. Builder or architect:
c. Chain of uses and ownership: Residential
Floyd Stovall
A. M. Sampley (Nov. 1949) (also owned neighboring lot, 2011 West Oak)
Silliam G. Woods (Dec. 1949)
d. Architectural style: Rectangular, Colonial Revival
e. Materials: Wood Siding.
f. Construction technique:
g. Recognition by governmental body: Historic Resources Inventory l
as high priority for preservation.
Notes: Floyd Stovall was director of English Department in the 1940s and Stovall Hall at
UNT was named after him. He was the founding dean of the College of Arts and
Sciences at UNT.
25
2026 West Oak
a. Date of construction: 1910 (est.)
b. Builder or architect:
c. Chain of uses and ownership: Residential/fraternity
J. H. Russell
Thomas E. Pierce (bought 1945)
Kappa Sigma Educational Foundation (bought 1958)
d. Architectural style: Colonial (HRI says Asymmetrical. Classical revival.)
e. Materials: Wood frame. Synthetic siding.
f. Construction technique:
g. Recognition by governmental body:
26
2033 West Oak
a. Date of construction: 1926
b. Builder or architect:
c. Chain of uses and ownership: Residential
Mrs. Clara Calmbach
d. Architectural style: Colonial Revival Bungalow
e. Materials: Synthetic Siding
f. Construction technique:
g. Recognition by governmental body:
27
2040 West Oak
a. Date of construction: 1939 (HRI says 1935)
b. Builder or architect:
c. Chain of uses and ownership: Residential
W. F. Brooks
Charles C. Ferguson (bought Oct. 25, 1952)
First United Methodist Church (bought Feb. 1955)
d. Architectural style: Modern. Asymmetrical.
e. Materials: Synthetic siding.
f. Construction technique: Wood frame
g. Recognition by governmental body:
28
2041 West Oak
a. Date of construction: 1938
b. Builder or architect:
c. Chain of uses and ownership: Residential
Dr. William H. Magness
Mrs. Margaret Magness (1946)
W. C. Wilks (Dec. 1950)
Frank. N. Hall (1953)
d. Architectural style: Rectangular Colonial Revival
e. Materials: Brick
f. Construction technique:
g. Recognition by governmental body: Historic Resources Inventory lists this house
as high priority for preservation.
29
2044 West Oak
a. Date of construction: 1900, reconditioned 1924. HRI says built 1935.
b. Builder or architect:
c. Chain of uses and ownership: Residential
F. M. Craddock
E. G. Ballard (bought 1955)
Steve Friedson and Elise Ridenour (bought 2003)
d. Architectural style: Bungalow. Colonial Revival
e. Materials: wood siding
f. Construction technique:
City of Denton Historic Landmark
g. Recognition by governmental body: 2007,
status
.
Notes: originally had barn in northwest corner of lot
30
2101 West Oak
a. Date of construction: 1923. Second story added 1937
b. Builder or architect:
c. Chain of uses and ownership: Residential
T. J. Fouts
George Sau(?) and L. L. Vinson (1959)
Current owner: Mary Beth Butler (bought 2001)
d. Architectural style: Bungalow
e. Materials: Brick/Wood
f. Construction technique:
g. Recognition by governmental body:
Notes: TJ Fouts was the longtime coach (of multiple sports) and
is now UNT. The current football stadium is named after him.
31
2107 West Oak
a. Date of construction: 1937
b. Builder or architect:
c. Chain of uses and ownership: Residential
James F. Webb
d. Architectural style: Tudor Revival Bungalow
e. Materials: Brick
f. Construction technique:
g. Recognition by governmental body: HRI lists this house as high priority for
preservation.
32
2127 West Oak
a. Date of construction: 1928
b. Builder or architect:
c. Chain of uses and ownership: Residential
Grover Stuart
W. P. Austin (1945)
Mrs. Odessa Schlosser (1953)
d. Architectural style: Craftsman Bungalow
e. Materials: Synthetic siding
f. Construction technique:
g. Recognition by governmental body:
33
2205 West Oak
a. Date of construction: 1926. Repair 1936
b. Builder or architect:
c. Chain of uses and ownership: Residential
V. Y. Craig
d. Architectural style: Colonial Revival Bungalow
e. Materials: Synthetic Siding
f. Construction technique:
g. Recognition by governmental body:
34
2211 West Oak
a. Date of construction: 1910
b. Builder or architect:
c. Chain of uses and ownership: Residential
Hugh Porter (1923)
Rives Ogden Woodson (1943)
George D. Wilson (March 1946)
Cecil C. Grundy (June 1946)
Current owners: Steven Friedson and Elise Ridenous (bought from
W. Grundy 2002)
d. Architectural style: Craftsman Bungalow
e. Materials: Wood Siding
f. Construction technique:
g. Recognition by governmental body: HRI lists this house as high priority.
35
2212 West Oak
a. Date of construction: 1892. HRI says 1900.
b. Builder or architect:
c. Chain of uses and ownership: Residential
George Preston
d. Architectural style: L-Plan
e. Materials: Wood siding
f. Construction technique:
g. Recognition by governmental body: HRI lists this property as high priority. Oldest
house in neighborhood.
Notes: originally had 2 barns in back
36
2217 West Oak ***
a. Date of construction: 1949
b. Builder or architect:
c. Chain of uses and ownership: Residential
Dr. G. W. Hinkle
W. H. Miller (Nov. 1949)
Bessie Mae Perryman (July 1958)
James N. Adair (Oct. 1957)
Horace E. Smith (Oct. 1958)
d. Architectural style:
e. Materials:
f. Construction technique:
g. Recognition by governmental body:
37
2218 West Oak
a. Date of construction: 1938. (HRI says 1930)
b. Builder or architect:
c. Chain of uses and ownership: Residential
Harold Brenholtz
d. Architectural style: Rectangular.
e. Materials: Asbestos siding.
f. Construction technique:
g. Recognition by governmental body:
Notes: originally had barn in back
38
2230 West Oak
a. Date of construction: 1945 (HRI says 1940)
b. Builder or architect:
c. Chain of uses and ownership: Residential
H. H. Smith built
Andrew Kerestine (original owner 1945)
d. Architectural style: Asymmetrical. Moderne
e. Materials: Stucco siding.
f. Construction technique:
g. Recognition by governmental body: HRI lists this property as high priority.
39
2270 West Oak. No tax records
a. Date of construction: 1961
b. Builder or architect:
c. Chain of uses and ownership: Residential
Current owners: Denis and Susan Paz (bought 1995)
d. Architectural style:
e. Materials:
f. Construction technique:
g. Recognition by governmental body:
42
2280 West Oak
a. Date of construction: 1938
b. Builder or architect:
c. Chain of uses and ownership: Residential
Jack Johnson
R. B. Newman (bought 1944)
Walter S. Miller, Jr. (bought 1953)
d. Architectural style: Asymmetrical
e. Materials: Wood frame. Wood siding.
f. Construction technique:
g. Recognition by governmental body:
Notes: outbuilding burned 1949
43
Houston Place
Four of the following properties will be non-contributing. One, 2015 Houston Place,
missed being included on the HRI by one year. All these owners except Robbie Robison
have expressed interest in being included in the historic district.
2015:Built 1947. Current owner Henry Gibbons IV
2025: Built 1994. Current owner, Eugene Hargrove
2028: Built 1977. Current owner, Robbie Robison
44
2030: Built 1968. Current owner, Wesley Earps
2032: 1967. Current owner, Marilyn Bradley (Bradley Family Trust)
45
2034 Houston Place **
a. Date of construction: 1948
b. Builder or architect:
c. Chain of uses and ownership: Residential
F. M. Craddock
Jos. B. Evans (bought Apr. 1948)
Bernadette Evans (bought Dec. 1958)
Maxey E. Batson (bought Aug. 1959)
d. Architectural style:
e. Materials:
f. Construction technique:
g. Recognition by governmental body:
46
HRI lists 2035 Houston Place. No 1954 tax records for this property.
a. Date of construction according to HRI: 1940
b. Builder or architect: unknown
c. Chain of uses and ownership: Residential
Current owners: Ricardo Rozzi
d. Architectural style: Asymmetrical
e. Materials: Synthetic siding
f. Construction technique:
g. Recognition by governmental body:
47
2100 Houston Place **
a. Date of construction: 1948
b. Builder or architect:
c. Chain of uses and ownership: Residential
J. J. Spurlock
James S. D. Webb (bought May 1948)
Alan W. Richardson (bought Oct. 1949)
J. S. Ginnings (bought Jan. 1955)
Marvin H. Cobb (bought ?)
d. Architectural style:
e. Materials:
f. Construction technique:
g. Recognition by governmental body:
48
2104 Houston Place **
a. Date of construction: 1948
b. Builder or architect:
c. Chain of uses and ownership: Residential
J. J. Spurlock
James D. Webb (bought May 1948)
D. B. Boyd (bought Nov. 1948)
S. R. Bradley (bought Apr. 1950)
William Ralph Cales ? (bought Aug. 1950)
Marvin H. Cobb (bought Jan. 1952)
d. Architectural style:
e. Materials:
f. Construction technique:
g. Recognition by governmental body:
49
Except for 2111, the following homes on Houston Place will be non-contributing.
However, some will soon be 50 years old:
2105: Built 1967. Current owner, Kevin Kennelly
2111: Built 1955. Current owner, Kenneth Brown
2114: Built 1969. Current owner, Dora Sloan
2120: Built 1964. Current owner, Debra and Lauren Sims
50
2200: Built 1963. Current owner, Robert Embrey, et al.
2207: Built 1995. Current owner: Dora Sloan
2212: Built 1974. Current owner: Shawn Mattox
2222: Built 1970. Current owner: Tom Harpool
51
2215 Houston Place **
a. Date of construction: 1950
b. Builder or architect: Fouts Addition
c. Chain of uses and ownership: Residential
H. H. Smith
W. A. Braley (bought May 1945)
Raymond Wheeler (bought Oct. 1945)
Estelle Brown (bought Apr. 1950)
Raymond Wheeler (bought Aug. 1950)
Current owner: JoAnn Nunnelly
d. Architectural style:
e. Materials:
f. Construction technique:
g. Recognition by governmental body:
52
2219 Houston Place **
a. Date of construction: 1947
b. Builder or architect:
c. Chain of uses and ownership: Residential
H. H. Smith
W. A. Braley (bought May 17, 1945)
Raymond L. Wheeler (bought Oct. 26, 1945)
John M. Brooks (bought Apr. 3, 1947)
Bertha Weintraub (bought Aug. 28, 1947)
George J. Meister (bought Nov. 26, 1947)
J. W. Davis (bought Dec. 6, 1954)
William Crawford (June 5, 1957)
d. Architectural style:
e. Materials:
f. Construction technique:
g. Recognition by governmental body:
53
2223 Houston Place
a. Date of construction: 1941 (HRI says 1945)
b. Builder or architect:
c. Chain of uses and ownership: Residential/ multi-family
Florence Scoular
d. Architectural style:
e. Materials: Exterior is clay block
f. Construction technique:
g. Recognition by governmental body: HRI lists this property as high priority.
54
2224 Houston Place
a. Date of construction: 1940
b. Builder or architect:
c. Chain of uses and ownership: Residential
Joe M. Ray
Ernest S. Clifton (bought Nov. 1943)
William S. Hagin (bought Jan. 1947)
Floyd B. Watts (bought Sept. 1947)
Ernest S. Clifton (bought Sept. 1951)
d. Architectural style: Center passage. Colonial Revival.
e. Materials: synthetic siding
f. Construction technique
g. Recognition by governmental body
Notes: Ernest S. Clifton was director if the department of Engli
55
2227 Houston
a. Date of construction: 1939 (HRI says 1945)
b. Builder or architect:
c. Chain of uses and ownership: Residential
Mrs. Blanche M. Wylie
Wilfred C. Bain (bought Aug. 1942)
Bain rented to Tom Harpool from 1942 to 1944
Mrs. Harry Farber (bought Aug. 1946)
Sumner Ives (bought it ? Owned until fall 1963)
Cecil and Alis Adkins (1963 present)
d. Architectural style: Asymmetrical.
e. Materials: Wood siding.
f. Construction technique:
g. Recognition by governmental body:
Notes: Wilfred Bain was founding dean of the School of Music, now the College of
Music at UNT.
56
2228 Houston Place
a. Date of construction: 1939. Remodel 1951.
b. Builder or architect:
c. Chain of uses and ownership: Residential
C. F. Castleberry
W. R. Yeary (bought Jan. 1951)
Robert C. Sherman (bought May 1951)
Current owners: Martin and Anita Bruno
d. Architectural style: Bungalow (HRI says Center Passage. Colonial Revival)
e. Materials: synthetic siding
f. Construction technique:
g. Recognition by governmental body:
57
2229 Houston Place
a. Date of construction: 1939 (burned c. 2000?)
b. Builder or architect: Fouts Addition
c. Chain of uses and ownership: Residential
Lynn F. Knight
Walter S. Miller, Jr. (bought Aug. 1943)
Abel W. Clive, Jr. (bought Aug. 1953)
D. L. Brittian (bought Feb. 1957)
Foy Wallace Page (bought Aug. 15, 1958)
D. L. Brittian (bought Aug. 22, 1958)
Current owner: Pam Delamore
d. Architectural style: Asymmetrical
e. Materials:
f. Construction technique:
g. Recognition by governmental body:
HRI lists 2232 Houston Place as a Rectangular style clay block h
Current owner: Anita Brigman. No tax records for this property.
58
Marietta
208 Marietta
a. Date of construction: 1946 (HRI says 1945)
b. Builder or architect:
c. Chain of uses and ownership: Residential
Harold Brenholtz (land only?)
Robert O. Martin (land only?)
William M. Neale (bought May 1946)
d. Architectural style: Rectangular
e. Materials: concrete block
f. Construction technique:
g. Recognition by governmental body:
59
209 Marietta
a. Date of construction: 1930 (according to HRI. Not determinate from tax records)
b. Builder or architect:
c. Chain of uses and ownership: Residential
W. Robbins
Margie Louise Pearson (bought Dec. 1942)
John Welsh (bought July 1945)
Eli P. Cox, Jr. (bought Feb. 1947)
Etta M. Johnson (bought Feb. 1956)
d. Architectural style: Bungalow
e. Materials: wood siding
f. Construction technique:
g. Recognition by governmental body: HRI lists this home as high priority.
60
212 Marietta **
a. Date of construction: 1941. Remodel 1952
b. Builder or architect:
c. Chain of uses and ownership: Residential
Eva Stapleton
d. Architectural style:
e. Materials:
f. Construction technique:
g. Recognition by governmental body:
61
215 Marietta
a. Date of construction: 1938
b. Builder or architect:
c. Chain of uses and ownership: Residential
Dr. F. M. Darnall
David E. Mitchell (bought Jan. 1945)
R. L. Proffer (bought Sept. 1949)
A. A. Daniel (bought Apr. 1953)
d. Architectural style: 2-story modern. L-plan.
e. Materials: wood siding
f. Construction technique:
g. Recognition by governmental body:
62
220 Marietta
a. Date of construction: 1939
b. Builder or architect:
c. Chain of uses and ownership: Residential
Annie Alford
d. Architectural style: asymmetrical
e. Materials: synthetic siding
f. Construction technique:
g. Recognition by governmental body:
63
305 Marietta
a. Date of construction: 1937
b. Builder or architect:
c. Chain of uses and ownership: Residential
J. C. Matthews
Ned H. Sandlin (bought May 1952)
B. M. Reeves (bought Apr. 1953)
Kim Drown (bought 2007)
d. Architectural style: Center passage. Colonial revival
e. Materials:
f. Construction technique:
g. Recognition by governmental body:
Notes: J. C. Matthews was president of what is now the University of North Texas from
1951 to 1968. The university built a house for the president on campus in the 1950s.
64
308 Marietta
a. Date of construction: 1938 (HRI says 1935)
b. Builder or architect:
c. Chain of uses and ownership: Residential
Dr. M. P. Wells
Mrs. A. G. Wells
d. Architectural style: asymmetrical
e. Materials: wood siding
f. Construction technique:
g. Recognition by governmental body:
65
309 Marietta
a. Date of construction: 1937. Addition built 1955.
b. Builder or architect:
c. Chain of uses and ownership: Residential
A. C. Maddocks
d. Architectural style: Bungalow
e. Materials: brick
f. Construction technique
g. Recognition by governmental body
66
312 Marietta
a. Date of construction: 1933 (HRI says 1915)
b. Builder or architect:
c. Chain of uses and ownership: Residential
Mrs. Susie Shepherd
Mrs. Bonnie Flyr (bought Sept. 1945)
R. P. Edmondston (bought Aug. 1958)
Charlie Murdock (bought Sept. 1958)
d. Architectural style: Bungalow. Classical Revival
e. Materials: wood siding
f. Construction technique:
g. Recognition by governmental body: HRI lists this house as high priority.
67
314 Marietta
a. Date of construction: 1940 (HRI says 1945)
b. Builder or architect:
c. Chain of uses and ownership: Residential
Mrs. Susie Shepherd
Marvin Hutchison (bought Feb. 1947)
Joe Strong, Sr. (bought Dec. 1947)
d. Architectural style: Bungalow. HRI says asymmetrical
e. Materials: wood siding
f. Construction technique
g. Recognition by governmental body: HRI lists this house as high priority.
68
315 Marietta
a. Date of construction: 1938. Addition built 1954
b. Builder or architect:
c. Chain of uses and ownership: Residential
J. L. Burks
d. Architectural style: Bungalow. HRI says asymmetrical.
e. Materials: synthetic siding
f. Construction technique:
g. Recognition by governmental body:
69
403 Marietta
a. Date of construction: 1925 (HRI says 1940)
b. Builder or architect:
c. Chain of uses and ownership: Residential
A. C. Bryant
d. Architectural style: Bungalow
e. Materials: brick
f. Construction technique:
g. Recognition by governmental body: HRI lists this home as high priority.
70
404 Marietta
a. Date of construction: 1941
b. Builder or architect:
c. Chain of uses and ownership: Residential
J. D. Hall, Jr.
d. Architectural style: Bungalow. HRI says asymmetrical
e. Materials: synthetic siding
f. Construction technique
g. Recognition by governmental body:
71
Alamo Place
2224 Alamo
a. Date of construction: 1945
b. Builder or architect:
c. Chain of uses and ownership: Residential use
Current owner: Ann Jordan Turner
d. Architectural style: Asymmetrical
e. Materials: synthetic siding
f. Construction technique:
g. Recognition by governmental body:
72
2227 Alamo
a. Date of construction: 1937
b. Builder or architect:
c. Chain of uses and ownership: Residential use
Current owner: Wells-Swan, Ltd.
d. Architectural style: Asymmetrical Colonial Revival
e. Materials: Synthetic Siding
f. Construction technique:
g. Recognition by governmental body:
73
2229 Alamo **
a. Date of construction: 1995
b. Builder or architect:
c. Chain of uses and ownership: Residential use
Current owner: Wells-Swan, Ltd.
d. Architectural style: Ranch
e. Materials: brick
f. Construction technique:
g. Recognition by governmental body:
74
2230 Alamo
a. Date of construction: 1945
b. Builder or architect:
c. Chain of uses and ownership: Residential use
Current owner: Elizabeth Bullock
d. Architectural style: asymmetrical
e. Materials: wood siding
f. Construction technique:
g. Recognition by governmental body:
75
2233 Alamo Place **
a. Date of construction: 1940
b. Builder or architect:
c. Chain of uses and ownership: Residential use
Current owner: Wells-Swan Ltd.
d. Architectural style: center passage?
e. Materials: synthetic siding
f. Construction technique:
g. Recognition by governmental body:
76
2234 Alamo
a. Date of construction: 1945
b. Builder or architect:
c. Chain of uses and ownership: Residential use
Built by: Shurbet
Current owner: Una Shurbet
d. Architectural style: Bungalow
e. Materials: synthetic siding
f. Construction technique:
g. Recognition by governmental body:
77
EXHIBIT E
City of Denton
Historic Landmark Commission
Excerpt of Minutes
Monday, March 10, 2008
After determining that a quorum was present, the regular meeting
Landmark Commission was held in City of Denton City Council Worksession Conference Room, located
at 215 E. McKinney, on Monday, March 10, 2008, at 5:30 p.m.
:
PRESENT Darlene Mullenweg, Donna Morris, Diana Hatch, Karen DeVinney, Em
Gibson, Peggy Capps, David Wright, and Steve Ambuehl
:
STAFF MEMBERS Julie Glover, Historic Preservation Officer/Downtown Development
Manager; and Christina Davis; Administrative Assistant III
ABSENT: Randall Boyd
Item 4--Receivedan application for historic designation and made a recommendation to the
Planning and Zoning commission concerning an historic overlay zoning area
Glover gave an overview of the application process. DeVinney re
bring the application to this point. The guidelines for the dis-
Hickory Histo
artificial siding needing repairs, they will follow the Bell His
Several Commission members voiced their support and enthusiasm fthe historic district. Before
making a motion, the audience was invited to speak.
Paul Silvernail, 2010 W. Oak asked if this district would use the same guidelines
as the conservation district. Silvernail requested an informatio
proposed district.
Father Brian Fredrick, 2026 W. Oak The Christian Orthodox Church has owned
this property for approximately six years and has plans to build
the lot. Fredrick asked the church lot to be excluded from the
go on record as being opposed to district.
Elise Ridenour, 2044 W. Oak Ridenour is in favor of the district and has been
canvassing the area collecting support. Ridenour presented a ma
number of properties and their ages as well as a list of residents (equaling about
51%) in the proposed districts that are in favor creating the di
Fred Hamilton, 2021 W. Oak Has put a lot of work into residence. They like the
neighborhood and want to keep it as it is. Since 1939, UNT facus have
owned this property. Hamilton is in favor of the district.
Capps motioned recommendation of the proposed West Oak Historic District to the Planning and
Zoning Commission. The motion was seconded by Morris and carrie-0).
AGENDA INFORMATION SHEET
AGENDA DATE: June 17, 2008
DEPARTMENT: Water and Wastewater Utilities
ACM: Howard Martin, 349-8232
SUBJECT
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas
updating Impact Fees by Amending Chapter 26, Utilities, Section 26-210 through Section 26-
232 of the City of Denton Code of Ordinances; adopting revised Land Use Assumptions and
Capital Improvements Plans for Water and Wastewater Impact Fees; establishing new service
areas for water impact fees; establishing new maximum impact fees per service unit and impact
fees to be collected; creating schedules for the assessment and collection of impact fees;
repealing section 26-222 (d); amending section 26-226 regarding appeals; repealing conflicting
ordinances and resolutions; providing for a severability clause; providing for a penalty not to
exceed $2,000 for each violation thereof; and providing an effective date.
BACKGROUND
Section §395.054 of the Texas Local Government Code governing impact fees requires that a
public hearing be held by the City Council before an update to the impact fees can be imposed.
On May 13, 2008, the City Council passed an ordinance that set the date of the public hearing for
June 17, 2008. The public hearing is required to discuss the Land Use Assumptions, the 10-Year
Water and Wastewater Capital Improvement Plan, and potential amendments to impact fees. On
June 3, 2008, Staff presented the results of the Duncan and Associates Impact Fee Study and the
Public Utilities Board (PUB) recommended impact fee amounts for Water and Wastewater. At
that time, Staff also provided the Council with minutes from the CIP Advisory Committee and
Public Utilities Board meetings that documented the impact fee review process and
recommendations made by the Committee and Board.
The impact fee study identifies two zones for water and two zones for wastewater. The separate
zones were established to better identify and associate the cost of service in those areas with the
population projections calculated in single-family equivalents (SFE). Once the cost per SFE is
calculated, a credit is calculated to offset the cost of debt that is included in the rate structure.
The following is a summary of the maximum impact fees allowable from the impact fee study:
WATER
Zone 1 Zone 2 System-Wide
Cost per SFE $5,553 $6,196 $5,732
Calculated Credit 1,959 1,959 1,959
Net Cost per SFE $3,594 $4,237 $3,773
50% SFE Credit $2,777 $3,098 $2,866
The current Water impact fee for the existing single zone is $3,155.
The PUB recommended the use of two Water impact fee zones versus a single zone and specific
impact fee amounts at levels between the 50% credit amount and the maximum allowable
amount as follows:
Zone 1 Zone 2
$3,400 $4,000
WASTEWATER
Zone 1 Zone 2 System-Wide
Cost per SFE $2,954 $2,849 $2,930
Calculated Credit 1,087 1,087 1,087
Net Cost per SFE $1,867 $1,762 $1,843
50% SFE Credit $1,477 $1,425 $1,465
The current Wastewater impact fee for Zone 1 is $1,703, and the Zone 2 fee is $2,614.
The PUB recommended impact fee amounts between the 50% credit amount and the maximum
allowable for Zone 1 and near the maximum allowable for Zone 2 a
Zone 1 Zone 2
$1,700 $1,760
OPTIONS
§395.057(a) of the Texas Local Government Code states the City Council, within thirty (30)
days after the date of the public hearing on the amendments, shall approve or disapprove the
amendments of the land use assumptions, and the capital improvements plan and modification of
an impact fee.
Therefore, following the public hearing, the City Council may chose one of the following options
regarding adoption of the Land Use Assumptions, 10-year Water and Wastewater Capital
Improvement Plans, and approval or disapproval of amended impact fees:
(1) Adopt the Land Use Assumptions, 10-year Water and Wastewater Capital Improvement
Plans, and approve the amended impact fees as contained in the attached ordinance, with an
effective date of July 1, 2008. The Council may also approve the ordinance after making any
desired revisions.
(2) Postpone formal action on the proposed ordinance pending further discussion at a future
Council meeting. The Council could also adjourn the public hearing and reconvene it at a future
Council meeting. The thirty (30) day approval or disapproval period does not begin until the
public hearing is officially closed.
RECOMMENDATIONS
Staff recommends adoption of Land Use Assumptions and 10-Year Water and Wastewater
Capital Improvements Plans and approval of the amended impact fees as contained in the
attached ordinance. The ordinance sets July 1, 2008 as the effective date for the amended impact
fees.
PRIOR ACTION/REVIEW (Council, Boards, Commission)
April 21, 2008 - Capital Improvements Advisory Committee approved the Land Use
Assumptions and the 10-Year Capital Improvement Plan.
April 28, 2008 - Duncan and Associates Study presented to the Public Utilities Board.
May 19, 2008 - Public Utilities Board recommended revised impact fees to the City Council
May 21, 2008 - Capital Improvements Advisory Committee reviewed impact fee study results
and PUB recommendations and filed written comments.
June 3, 2008 - Duncan and Associates impact fee study results presented to the City Council
along with amended Water and Wastewater fees recommended by the Public Utilities Board.
EXHIBITS
Exhibit I Proposed Impact Fee Ordinance
Respectfully submitted:
Howard Martin
ACM, Utilities
ORDINANCE NO. 2008-________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS UPDATING IMPACT FEES BY
AMENDING CHAPTER 26, UTILITIES, SECTION 26-210 THROUGH SECTION 26-232
OF THE CITY OF DENTON CODE OF ORDINANCES; ADOPTING REVISED LAND USE
ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLANS FOR WATER AND
WASTEWATER IMPACT FEES; ESTABLISHING NEW SERVICE AREAS FOR WATER
IMPACT FEES; ESTABLISHING NEW MAXIMUM IMPACT FEES PER SERVICE UNIT
AND IMPACT FEES TO BE COLLECTED; CREATING SCHEDULES FOR THE
ASSESSMENT AND COLLECTION OF IMPACT FEES; REPEALING SECTION 26-222 (d);
AMENDING SECTION 26-226 REGARDING APPEALS; REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 FOR EACH VIOLATION
THEREOF; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Texas Local Government Code, Chapter 395 authorizes a city to adopt and
to amend impact fees for the purpose of financing capital improvements required by new
development; and
WHEREAS, the City Council of the City of Denton, Texas in accordance with State law,
initially enacted water and wastewater impact fees in accordance with Ordinance No. 98-301,
dated on the 15th day of September, 1998; and
WHEREAS, the City Council, in accordance with State law, then enacted water and
wastewater impact fees in accordance with Ordinance No. 2003-137 which was adopted by the
th
City Council on the 13 day of May, 2003, and effective as of May 29, 2003; and then en
Ordinance No. 2004-183, nunc pro tunc on July 20, 2004, and effective as of August 4, 2004 in
order to properly recite several provisions that were inadvertently omitted or misstated from the
above-referenced Ordinance No. 2003-137; and
WHEREAS, it is now appropriate and lawfully required that the City once again address
the issues of Land Use Assumptions and a Capital Improvements Plan, as well as the subject of
Amended Water and Wastewater Impact Fees; and
WHEREAS, the City Council in accordance with law desires to update its impact fee
program by amending land use assumptions, service areas, capital improvements plans and
impact fees for water and wastewater facilities; and
WHEREAS, the City Council of the City of Denton, Texas has duly appointed a Capital
Improvements Advisory Committee (the Committee ) by ordinance; has received written
comments as required by law from such Committee; and has adopted Land Use Assumptions and
a Capital Improvements Plan for amended water and wastewater impact fees all in accordance
with the requirements of Texas Local Government Code, Chapter 395; and
WHEREAS, the City Council of the City of Denton, Texas has also received the
1
unanimous recommendation of the Denton Public Utilities Board (the Board ), an advisory
Board, in favor of the impact fees and the zones set forth below in this ordinance; and
WHEREAS, the City Council of the City of Denton, Texas, having complied with all
applicable substantive and procedural requirements of Texas Local Government Code, Chapter
395, considering the comments of the Committee and the recommendations of the Board, and
after due deliberation and consideration finds it necessary and appropriate to establish amended
water and amended wastewater impact fees to pay the costs of certain capital improvements for
new development; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the facts, circumstances, and recitations contained in the preambles to
this Ordinance are hereby found and declared to be true and correct.
SECTION 2. That the Land Use Assumptions for Water and Wastewater Impact F
hereby are amended as set forth in Exhibit A, which is attached hereto and incorporated by
reference herein as if fully set forth.
SECTION 3. That the Capital Improvements Plan for Water and Wastewater Imp
Fees hereby are amended as set forth in Exhibit B, which is attached hereto and incorporated by
reference herein as if fully set forth.
SECTION 4. That Chapter 26 of the Code of Ordinances of the City of Denton, Texas,
entitled Utilities, is hereby amended, which shall read as follows:
CHAPTER 26: UTILITIES
ARTICLE VI. IMPACT FEES
Sec. 26-210. Short Title.
This Article shall be known and cited as the "Denton Impact Fee Ordinance."
Sec. 26-211. Statement of Purpose.
This Article is intended to assure the provision of adequate public facilities to serve new
development in the City by requiring each development to pay its proportional share of the costs
of such improvements necessitated by and attributable to such new development as related to
water and wastewater capital improvements.
Sec. 26-212. Authority.
This Article is adopted pursuant to Chapter 395 of the Texas Local Government Code and
pursuant to the Denton Charter. The provisions of this Article shall not be construed to limit the
2
powers of the City to utilize other methods authorized under state law, or pursuant to other City
powers to accomplish the purposes set forth herein, either in su
this Article. The effective date of this Article is September 15, 1998.
Sec. 26-213. Definitions.
The following words, terms and phrases, as used in this Article, shall have the meanings
respectively ascribed to them in this Section, unless the context clearly indicates otherwise:
(1) Area-related facility means a capital improvement or facility expansion which is
designated in the Impact Fee Capital Improvements Plan and which is not a site-related facility.
Area-related facility may include a capital improvement, which i
the perimeter of the development site.
(2) Assessment means the determination of the amount of the maximum impact fee per
service unit that can be imposed on new development pursuant to this Article.
(3) Capital improvement means any water supply; or treatment, transmission, pumping and
storage facilities; or wastewater treatment and conveyance facilities that have a life expectancy
of three (3) or more years, and are owned and operated by or on behalf of the City.
(4) Director means the Director of Water Utilities for the City of Denton, or his or her
designee.
(5) Facility expansion means the expansion of the capacity of any existing facility fo
purpose of serving new development. The term does not include the repair, maintenance,
modernization or expansion of an existing facility to serve existing development.
(6) Impact fee capital improvements plan means the adopted plan for a service area, as may
be amended from time to time, which identifies the water facilities or wastewater facilities and
their associated costs which are necessitated by and which are attributable to new development,
for a period not to exceed ten (10) years, and which are to be financed in whole or in part
through the imposition of water or wastewater impact fees pursuant to this Chapter 26, Article
VI.
(7)
Infill development means a single-family residence of less than 1,300 square feet on a lot
of less than 6,000 square feet.
(8) Land use assumptions means the projections of population and employment growth and
associated changes in land uses, densities and intensities for a service area adopted by the City,
as may be amended from time to time, upon which the impact fee capital improvements plan for
the service area is based.
(9) New development means an activity involving the construction, reconstruction,
redevelopment, conversion, structural alteration, relocation, or enlargement of any structure, or
any use or extension of land, which has the effect of increasing water or wastewater demand,
3
measured by an increase in the number of the service units utilizing the Citys water or
wastewater system that are attributable to such activity, and which requires either the approva
and filing of a plat, or a re-plat pursuant to the City's subdivision regulations, or the issuance of a
building permit, or a utility connection.
(10) Service area means a geographic area within the City or within the Citys extraterritorial
jurisdiction, within which impact fees for water or wastewater facilities may be collected for new
development occurring within such area and within which fees so collected will be expended for
those types of improvements identified in the type of capital improvements plan applicable to the
service area.
(11) Service unit means a standardized measure of consumption, use, generation or discharge
attributable to an individual unit of development calculated in accordance with generally
accepted engineering or planning standards, for a particular category of capital improvements or
facility expansions. For water and wastewater facilities, the service unit shall constitute the basis
for establishing equivalency within various customer classes based upon the relationship of the
continuous duty maximum flow rate in gallons per minute for a water meter of a given size and
type compared to the continuous duty maximum flow rate in gallons per minute for a 3/4-inch
diameter simple water meter.
(12) Single-family equivalency (“SFE”) means an equivalency factor, based on the demand
associated with the smallest water meter used in the City of Denton, Texas utility system. SFEs
are utilized to establish the number of service units to be allocated to various meter sizes used in
the City of Denton, Texas Water and Wastewater utilities system.
(13) Site-related facility means an improvement or facility which is for the primary use o
benefit of a new development and/or which is the for the primary purpose of safe and adequate
provision of water and wastewater facilities to serve the new development and which is not
included in the impact fee capital improvements plan and for which the developer or property
owner is solely responsible under subdivision and other applicable regulations.
(14) Utility connection means connection of an individual meter to the Citys water or
wastewater system, or an increase in the size of an existing met
Sec. 26-214. Impact fee as condition of development approval.
No new development shall be connected to the City's water or was
service area without the assessment of an impact fee pursuant to this Article, and no building
permit or request for service shall be issued until the applicant has paid the impact fee imposed
herein, except for those entities that are expressly exempt from impact fees as set forth in Texas
Local Government Code, Chapter 395.
Sec. 26-215. Land use assumptions.
(a) Said land use assumptions for the City shall be updated at least every five (5) years
utilizing the amendment procedure set forth in Texas Local Government Code, Chapter
4
395.
(b) Amendment to the land use assumptions shall incorporate projections of changes in land
uses, densities, intensities and population for the service area over at least a ten (10) year
period.
Sec. 26-216. Water impact fee service area.
There are hereby established two (2) water impact fee service areas, to include all land within the
City and its extraterritorial jurisdiction, as depicted in Exhibit C, which is attached hereto and
incorporated by reference herein as if fully set forth.
Sec. 26-217. Wastewater impact fee service areas.
There are hereby established two (2) wastewater impact fee service areas, the boundaries of
which are respectively described in Exhibits D and E, which Exhibits are attached hereto and
incorporated by reference herein as if fully set forth.
Sec. 26-218. Determination of service units.
The number of service units for both water or wastewater impact fees shall be determined by
using the land use and service unit equivalencies table which converts the demands for water or
wastewater improvements generated by typical land uses to water meter size, and which table is
attached hereto as Exhibit F and is incorporated by reference herein as if fully set forth herein
Sec. 26-219. Impact fees per service unit.
(a)Maximum impact fees per service unit for each service area shall be established by
category of capital improvements. The maximum impact fee per service unit for each
service area for each category of capital improvement shall be computed in the following
manner:
(1) For each category of capital improvements, calculate the total projected costs of
capital improvements necessitated by and attributable to new development in the
service area identified in the impact fee capital improvements plan;
(2) From such amount, subtract a credit in the amount of that portion of utility service
revenues, if any, including the payment of debt, to be generated by new service
units during the period the capital improvements plan is in effect, including the
payment of debt, associated with the capital improvements in the plan;
(3) Divide the resultant amount by the total number of service units anticipated within
the service area, based upon the land use assumptions for that service area.
(b) The maximum impact fee per service unit for water or wastewater facilities by service
area shall be as set forth in Schedule 1, which is attached here
5
reference as if fully set forth. Schedule 1 shall be used to assess impact fees. Schedule 1 may be
amended from time to time utilizing the amendment procedure set forth in Section 26-228.
(c) The impact fee per service unit which is to be paid by each new development within a
service area shall be as set forth in Schedule 2, which is attac
reference as if fully set forth, and shall be an amount less tha
fee per service unit established in Schedule 1. Schedule 2 may be amended from time to time
utilizing the amendment procedure set forth in Section 26-228.
Sec. 26-220. Assessment of impact fees.
(a) Assessment of impact fees for any new development in all of the Denton Water and
Wastewater Service Areas shall be made as follows:
(1) For land which is unplatted at the time of application for a building permit or
utility connection, or for a new development which received final plat approval
prior to the effective date of this Article, and for which no re-platting is necessary
pursuant to the Citys subdivision regulations prior to development, assessment of
impact fees shall occur at the time application is made for the
utility connection, whichever first occurs, and shall be the amount of the
maximum impact fee per service unit in effect, as set forth in Schedule 1.
.
(2) For a new development which is submitted for approval pursuant to the Citys
subdivision regulations on or after the effective date of this Article, or for which
re-platting results in an increase in the number of service units after such date,
assessment of impact fees shall be at the time of final plat recordation, and shall
be the amount of the maximum impact fee per service unit in effect as set forth in
Schedule 1.
(b) Following assessment of impact fees pursuant to subsection (a), the amount of impact fee
assessment per service unit for that development cannot be increased, unless the owner
proposes to change the approved development by the submission of a new application for
final plat approval or other development application that results in approval of additional
service units, in which case a new assessment shall occur at the Schedule 1 rate then in
effect for such additional service units.
(c) Following the vacating of any plat or approval of any re-plat, a new assessment must be
made in accordance with subsection (a)(2).
(d) An application for an amending plat made pursuant to Texas Local Government Code
§212.016 and the City of Denton Subdivision Ordinance, and for which no new
development is proposed, is not subject to reassessment for an impact fee.
Sec. 26-221. Computation of impact fees.
(a) Following the filing and acceptance of a written application
6
connection, the City shall compute the impact fee due in the following manner:
(1) The number of service units shall be determined by the size
purchased using the Land Use and Service Unit/SFE Equivalencies table
incorporated as Exhibit F; herein. The service units for multi-f
projects with eight (8) or more units shall be determined by mul
number of bedrooms in said apartment project by 0.26 SFE;
(2) Service units shall be summed for all meters, or for all bedrooms within a multi-
family apartment project with eight (8) or more units purchased for the
development;
(3) The total number of service units shall be multiplied by the
unit for water or wastewater service facilities using Schedule 1
established in Section 26-219;
(4) The amount of each impact fee shall be reduced by any allowable offsets or
credits for that category of capital improvements, in the manner provided in
Section 26-223.
(b) The amount of impact fee due for new development shall not e
computed by multiplying the assessed fee for water and/or wastew
number of service units generated by the development. The amount of impact fee due for
redevelopment shall not exceed the amount computed by multiplying the assessed fee for
water and/or wastewater service by the net increase in service units generated by the
redevelopment.
(c) The developer may submit or the Director may require the sub
prepared by a professional engineer, licensed in the State of Texas, clearly indicating the
number of water and/or wastewater service units which will be co
the new development. The Director will review the information for completeness and
conformity with generally accepted engineering practices and will, when satisfied with
the completeness and conformity of the study, multiply the number of service units
determined by the study, times the impact fee per service unit c
26-219 above to determine the total impact fee to be collected f
Director may also use recent historical water billing records fo
determine water demands and single-family equivalents ( SFE ) in accordance with data
from the most recent Capital Improvements Plan.
(d) Whenever the property owner increases the number of service units for a development,
the additional impact fees collected for such new service units shall be determined based
on Schedule 1 and applicable offsets, credits, and discounts then in effect and such
additional fee shall be assessed and collected at the time the additional meters are
purchased.
(e) In the event the property owner decreases the number of service units for a development,
7
the property owner shall be entitled to a refund of the impact fee for impact fees actually
paid, but only for the amounts represented by the decrease in service units based on the
assessed fee and offsets, credits, or discounts applicable at the time the fee was paid.
(f) If the building permit for the property on which an impact fee is paid has expired and a
new application for a building permit is thereafter filed for th
identical number of service units, the impact fee previously paid satisfies the
requirements of this Article, unless the earlier impact fee was refunded to the applicant at
the expiration of the previously-issued building permit or otherwise refunded.
(g) The impact fee shall attach to the property for which the impact fee was paid and shall
not be transferable to other properties or service units.
(h) No building permit or utility connection shall be issued if the applicant cannot verify
payment to Staff of the appropriate impact fee and other applicable fees or if existing
facilities do not have actual capacity to provide service to the new connection(s), except
for those entities that are exempted from impact fees as are specifically set forth in Texas
Local Government Code, Chapter 395.
(i) All matters pertaining to the enforcement, assessment, computation, or collection of
impact fees provided for herein shall be determined by the Director, or his or her
designate.
Sec. 26-222. Collection of impact fees.
(a) Except as otherwise provided in this Section, the impact fee
shall be collected at the time the City issues a building permit, or if a building permit is
not required, at the time an application is filed for a new connection, to the Citys water
or wastewater system or for an increase in water meter size.
(b) Except as otherwise provided by contracts with political subdivisions, developers
contracts, or wholesale customers, no building permit shall be issued until all impact fees
due and owing have been paid to the City.
(c) The City may enter into an agreement for capital improvement
pursuant to Section 26-229 that establishes a different time and manner of payment.
(d) In the event that a property owner agrees to construct or finance capital improvements in
the capital improvements plan pursuant to Section 26-229, the co
reimbursed to the owner from impact fees paid from other new developments that will
use such facilities, the City may collect impact fees from such other new developments at
the time final plats are recorded for such development.
(e) Schedule 1 sets the assessment rate and establishes maximum impact fees as set forth in
subparagraphs (e)(1) through (e)(3) below:
8
(1) For a new development for which final plat recordation occurred on or after
September 15, 1998, but before May 29, 2003, the maximum impact fee per service unit
shall be $2,044 for the water service area, and $483 for the wastewater service area.
(2) For a new development for which final plat recordation occurred on or after May
29, 2003, but before July 1, 2008, the maximum impact fee per service unit shall be
$3,155 for the water service area; and $1,703 for the Zone 1 wastewater service area.
(3) For a new development for which final plat recordation occurred on or after July
1, 2008, or for any plats filed prior to September 15, 1998, the maximum impact fee per
service unit shall be as follows: $3,400 for the Zone 1 water service area and $4,000 for
the Zone 2 water service area; and $1,700 for the Zone 1 wastewater service area and
$1,760 for the Zone 2 wastewater service area.
(f) Schedule 2 sets the collection rate for impact fees as set forth in subparagraph (f)(1),
(f)(2) and (f)(3) below:
(1)Except as provided in paragraph (2) below, impact fees shall be collected and paid as
follows:
Water Service Area (Zone 1): $3,400 per service unit
Water Service Area (Zone 2): $4,000 per service unit
Wastewater Service Area (Zone 1): $1,700 per service unit
Wastewater Service Area (Zone 2): $1,760 per service unit
Provided, however, Water and Wastewater Service Area Impact Fees for Zone 1, for
Single-Family Residences of less than 1,300 square feet, that are located on lots of less
than 6,000 square feet, shall instead be assessed and charged, and the City shall collect a
Water and a Wastewater Service Area Impact fee of 50% of the adopted Water and
Wastewater Service Area Impact Fees for Zone 1.
2) For a new development for which final plat recordation occurred on or after
September 15, 1998, but before May 29, 2003, and for which no ne
have been added, impact fees shall be collected as follows:
Water Service Area $2,044 per service unit
Wastewater Service Area (Zone 1) $483 per service unit
3) For a new development for which final plat recordation occurred on or after May 29,
2003, but before July 1, 2008, and for which no new serv
impact fees shall be collected as follows:
Water Service Area (Zone 1) $3,155 per service unit
Wastewater Service Area (Zone 1) $1,703 per service unit
9
Sec. 26-223. Offsets and credits.
(a) The City shall offset the reasonable value of any area-related facilities, identified in the
impact fee capital improvements plan and constructed pursuant to an agreement with the
City, except as otherwise provided therein, which are dedicated to and received by the
City on or after the effective date of this ordinance, against the amount of the impact fee
due for that category of capital improvement. No offsets or credits shall be provided for
required over-sizing of water and wastewater lines or lift stations not identified in the
capital improvements plan or for pro-rata payments to repay other developers for such
over-sizing pursuant to Chapter 35-Development Code; and Subchapter 21-Water &
Wastewater Standards.
(b) The City shall credit any new development that occurs subsequent to the effective date of
this Article, any amount of capital recovery fees which have been collected by the City
pursuant to duly adopted ordinances and any impact fees collected by the City pursuant to
this Article.
(c) All offsets and credits against impact fees shall be subject to the following limitations and
shall be granted based on this Article and additional standards promulgated by the City,
which may be adopted as administrative guidelines.
(1) No offset or credit shall be given for the dedication or construction of site-related
facilities.
(2) No offset or credit shall exceed the impact fee to be collec
development as established in Section 26-219.
(3) The unit costs used to calculate the offsets shall not excee
capital improvements included in the impact fee capital improvements plan for
the category of facility within the service area for which the i
imposed.
(4) If an offset or credit applicable to a plat has not been exhausted within ten (10)
years from the date of the acquisition of the first building permit issued or
connection made after the effective date of this Article or with
may be otherwise designated by agreement for capital improvements pursuant to
Section 26-229, such offset or credit shall lapse.
(5) In no event will the City reimburse the property owner or developer for an offset
or credit when no impact fees for the new development can be col
to this Article or for any amount exceeding the total impact fee
for the development for that category of capital improvement, un
agreed to by the City.
10
(6) No offset shall exceed an amount equal to the eligible costs of the improvement
multiplied by a fraction, the numerator of which is the impact f
due for the new development as computed using Schedule 2 and the
of which is the maximum impact fee per service unit for the new development as
computed using Schedule 1.
(7) Offsets or credits for area-related facilities dedicated to and accepted by the City
for a development prior to the effective date of this Article sh
among the total number of service units within such development and reduced by
an amount equivalent to the number of existing service units within such
development and shall be further reduced by the amount of any participation
funds received from the City and by any payments received from o
developments who utilize the system facility.
(8) The City may participate in the costs of an area-related improvement to be
dedicated to the City, including costs that exceed the amount of the impact fees
due for the development under Schedule 1 for that category of capital
improvements, in accordance with policies and rules established under the Citys
subdivision regulations and when incorporated into an agreement for capital
improvements pursuant to Section 26-229. The amount of any offs
include the amount of the Citys participation.
(d) Unless an agreement for capital improvements is executed providing for a different
manner of offsetting or crediting impact fees due pursuant to Section 26-229, an offset or
credit associated with a plat shall be applied to reduce an impa
application for the first building permit or at the time of application for the first utility
connection for the property, in the case of land located within the Citys extraterritorial
jurisdiction, and, thereafter, to reduce impact fees subsequently to be collected, until the
offset or credit is exhausted.
Sec. 26-224. Establishment of accounts.
(a) The City's Department of Finance shall establish separate interest-bearing accounts
clearly identifying the category of capital improvement (i.e. water facilities and
wastewater facilities) within the service area for which the impact fee is collected.
(b) Interest earned by each account shall be credited to the account on which it is earned and
shall be used solely for the purposes specified for impact fees as authorized herein.
(c) The City's Department of Finance shall establish adequate financial and accounting
controls to ensure that impact fees disbursed from the account are utilized solely for the
purposes authorized in this Article. Disbursement of funds shall be authorized by the
City at such times as are reasonably necessary to carry out the purposes and intent of this
Article; provided, however, that any fee paid shall be expended within a reasonable
period of time, but not to exceed ten (10) years from the date the fee is deposited into the
account.
11
(d) The City's Department of Finance shall maintain and keep adequate financial records for
each such account, which shall show the source and disbursement
shall account for all monies received, the number of service uni
are received, and which shall ensure that the disbursement of fu
shall be used solely and exclusively for the provision of projec
fee capital improvements plan as area-related capital projects. The City's Department of
Finance shall also maintain such records as are necessary to ensure that refunds are
appropriately made in accordance with this Article. The records of the account into
which impact fees are deposited shall be open for public inspection and copying during
ordinary business hours. The City may establish a fee for copying services.
Sec. 26-225. Use of proceeds of impact fee accounts.
(a) The impact fee collected pursuant to this Article may be used to finance or to recoup
capital construction costs for water and wastewater facilities identified in the impact fee
capital improvements plan and for any purpose authorized in Texas Local Government
Code, Chapter 395, as amended. Impact fees may also be used to pay the principal sum
and interest and other finance costs on bonds, notes or other obligations issued by or on
behalf of the City to finance such capital improvements or facilities expansions.
(b) Impact fees collected pursuant to this Article shall not be used to pay for any of the
following expenses:
(1) Construction, acquisition, or expansion of capital improvements or assets other
than those identified for the water and wastewater utility in the impact fee capital
improvements plan;
(2) Repair, operation, or maintenance of existing or new capital improvements or
facilities expansions;
(3) Upgrading, expanding, or replacing existing capital improvements to serve
existing development in order to meet stricter safety, efficiency, environmental or
regulatory standards;
(4) Upgrading, expanding, or replacing existing capital improvements to serve
existing development; provided, however, that impact fees may be used to pay the
costs of upgrading, expanding or replacing existing capital improvements in order
to meet the need for new capital improvements generated by new development; or
(5) Administrative and operating costs of the City.
Sec. 26-226. Appeals.
(a) The property owner or applicant for new development may appeal the following Staff
12
decisions and determinations to the Denton Public Utilities Board: (a) the applicability of
an impact fee to the new development; (b) the method of calculating the amount of the
impact fee due; (c) the availability or the amount of an offset, credit or rebate; (d) the
application of an offset or credit against an impact fee due; or (e) the amount of a refund
due, if any. The Property Owner or Applicant shall notify the City Secretary of the City
of Denton, Texas in writing, of its desire to appeal any such decision and determination
to the Public Utilities Board, no later than thirty (30) days fo
decision or determination. This notice shall be untimely if it
Secretary more than thirty (30) days following the date of Staff decision and
determination.
(b) The Owner and/or Applicant must file a notice of appeal with the City Secretary within
thirty (30) days following the determination of the amount of th
by the development by city Staff. If the notice of appeal is accompanied by a bond or
other sufficient surety satisfactory to the City Attorney in an amount equal to the original
determination of the impact fee due, the development application
the appeal of the impact fee is pending.
(c) The written notice to the City Secretary requesting an appeal shall contain the following
information:
1. The name of the Owner and/or Applicant of the Appeal; and
2. The business address and telephone number of the Owner and/or Applicant; and
3. The specific decision or determination of Staff which Owner and/or Applicant are
complaining of; and
4. State specifically the grounds regarding Owners and/or Applicants application
for appeal; and
5. State specifically what amount of money that you believe is owing the City, as
well as your basis therefor; and
6. The name and address of any legal counsel who will appear before the Public
Utilities Board to argue on your behalf; and
7. The signature of the Owner and/or Applicant regarding this appeal.
(d) The burden of proof shall be on the property owner and/or applicant to demonstrate that
the amount of the fee or the amount of the offset, credit or rebate was not calculated
according to the provisions of this Article. Upon submission of the case and the hearing
held before the Public Utilities Board (the Board ), a decision shall be made by the
Board, upon Public Hearing, which shall constitute a formal reco
Denton City Council. The Board shall submit all of the materials that it receives as
evidence from Staff and all of the materials that it receives as evidence from the Owner
and/or Applicant to the City Council for its final consideration. All evidence as well as
the record shall be closed by the Public Utilities Board. A record shall be made of the
Public Utilities Board hearing and shall be forwarded to the City Council. The City
Council shall then make its decision on the record produced by the Public Utilities Board
and upon the oral arguments that are limited to not more than fifteen (15) minutes each
for the Owner and/or Applicant, and the City. The City Council
appeal and issue its written decision.
13
Sec. 26-227. Refunds.
(a) Any impact fee or portion thereof collected pursuant to this
expended within ten (10) years from the date of payment, shall be refunded, upon
application, to the record owner of the property at the time the refund is paid, or, if the
impact fee was paid by another governmental entity, to such governmental entity,
together with interest calculated from the date of collection to the date of refund at the
statutory rate as set forth in Vernon's Ann. Civil Statute s, Title 79, Art. 1C.002, or any
successor statute.
(b) Upon the written request of an owner of the property on which an impact fee has been
paid, the City shall refund such fees if:
(1) Existing service is available and service is denied; or
(2) Service was not available when the fee was collected and the City has failed to
commence construction of facilities to provide service within two (2) years of fee
payment; or
(3) Service was not available when the fee was collected and has not subsequently
been made available within a reasonable period of time considering the type of
capital improvement or facility expansion to be constructed, but in any event no
later than five (5) years from the date of the payment.
(c) The City shall refund an appropriate proportion of impact fee payments in the event that a
previously purchased but uninstalled water meter for which the impact fee has been paid
is replaced with a smaller meter, based on the service unit differential of the two (2)
meter sizes and the fee per service unit at the time of the original fee payment.
(d) A petition for refund under this section shall be submitted
provided by the City for such purpose. Within one (1) month of the date of receipt of a
petition for refund, the Director must provide the petitioner, in writing, with a decision on
the refund request, including the reasons for the decision. If a refund is due to the
petitioner, the Director shall notify the Assistant City Manager of Finance and request
that a refund payment be made to the petitioner.
Sec. 26-228. Update of plan and revision of fees.
(a) The City shall update its land use assumptions and capital improvements plans at least
every five (5) years, commencing from the date of adoption of such plans, and shall
recalculate the impact fees based thereon in accordance with the procedures set forth in
Texas Local Government Code, Chapter 395, or in any successor statute.
(b) The City may review its land use assumptions, impact fees, capital improvements plans
14
and other factors such as market conditions more frequently than provided in subsection
(a) to determine whether the land use assumptions and capital im
be updated and the impact fee recalculated accordingly, or whether Schedules 1 or 2
should be changed. Schedule 2 may be amended without revising land use assumptions
and capital improvements plans at any time prior to the update provided for in subsection
(a), provided that the impact fees to be collected under Schedule 2 do not exceed the
impact fees assessed under Schedule 1.
(c) If, at the time an update is required pursuant to Subsection (a), the City Council
determines that no change to the land use assumptions, capital improvements plan or
impact fee is needed, it may dispense with such update by following the procedures in
Texas Local Government Code, Section 395.0575.
(d) The City may amend by resolution the Land Use and Service Unit/SFE Equivalency table
(Exhibit F), at any time prior to the update provided for in Subsection (a), provided that
the number of service units associated with a particular land use shall not be increased.
Sec. 26-229. Agreement for capital improvements.
An owner of a new development may construct or finance a capital
expansion designated in the impact fee capital improvements plan, if required or authorized by
the City, by entering into an agreement with the City prior to the issuance of any building permit
for the development. The agreement shall be on a form approved by the City and shall identify
the estimated cost of the improvement or expansion, the schedule for initiation and completion of
the improvement or expansion, a requirement that the improvement be designed and completed
to City standards and such other terms and conditions as deemed necessary by the City. The
agreement shall provide for the method to be used to determine the amount of the offset to be
given against the impact fees due for the development or any reimbursement to the owner for
construction of the facility.
Sec. 26-230. Use of other financing mechanisms.
(a) In addition to the use of impact fees, the City may finance water and wastewater capital
improvements or facilities expansions designated in the impact fee capital improvements
plan through the issuance of bonds, through the formation of public improvements
districts or other assessment districts, or through any other authorized mechanism, in such
manner and subject to such limitations as may be provided by law.
(b) Except as otherwise provided herein, the assessment and collection of a impact fee shall
be additional and supplemental to, and not in substitution of, any other tax, fee, charge or
assessment which is lawfully imposed on and due against the prop
(c) The City may pay all or part of impact fees due for a new development taking into
account available offsets and credits pursuant to duly adopted criteria.
15
Sec. 26-231. Conflicting ordinances.
All ordinances or parts of ordinances that are in force when the provisions of this ordinance
become effective, which are inconsistent or in conflict with the terms or provisions contained in
this ordinance, are hereby repealed to the extent of the conflict.
Sec. 26-232. Reserved.
SECTION 4. Any person violating any provision of this Ordinance shall, upon
conviction, be fined a sum not to exceed $2,000. Each day that a provision of this Ordinance is
violated shall constitute a separate and distinct offense.
SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase or word in
this Ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions, despite any such invalidity.
SECTION 6. This Ordinance shall repeal any conflicting ordinances and resolutions to
the contrary; it being the intention of the City Council to fully amend all provisions of Chapter
26 of the City of Denton, Texas Code of Ordinances dealing with
SECTION 7. This Ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this Ordinance to be
published twice in the Denton Record Chronicle, a daily newspaper published in the City of
Denton, Denton County, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the _____ day of ___________, 2008.
__________________________________
, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: __________________________________
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By: __________________________________
16
ATTACHMENTS
EXHIBIT "A" - Land Use Assumptions for Water and Wastewater Impa
EXHIBIT "B" - Capital Improvements Plans for Water and Wastewate
EXHIBIT "C" - Amended Water Impact Fee Service Area - Zone 1 & 2
EXHIBIT "D" - Wastewater Impact Fee Service Area - Zone 1 & 2
EXHIBIT "E" - Wastewater Impact Fee Service Area - Zone 2
EXHIBIT F Land Use and Service Unit/SFE Equivalency Table
17
EXHIBIT A
LAND USE ASSUMPTIONS
Introduction
These Land Use Assumptions have been developed as the basis for
ordinance for system-wide water and wastewater capital improvements according to the requirements of State
Law. Impact fees must be developed in accordance with Chapter 395 of the Texas Local Government Code.
In the State Code, at 395.001(5), Ñ Land Use AssumptionsÒ must include a description of the service areas
and projections of changes in land uses, densities, intensities,
ten-year period.
The state law requirements for land use assumptions are summarized as follows:
1.Land use assumptions as defined by Section 395.001(5);
2.Time period of projections
3.Description of general nature potential capital improvement facilities; and
4.An easily understandable map of the service areas.
The ten-year planning horizon used in developing the Land Use Assumptions is 2008-2
projections presented in this report are based on assumptions us
the North Central Texas Council of Governments (NCTCOG) and the current trends. The forecast projects
an average of 3.5 percent annual increase in population from 2008 through 2018 within the City of D
See Exhibit C.
These over-all growth forecasts for the City are reflected in the Land Use Assumptions for the CityÔs Water
and Wastewater Certificate of Convenience and Necessity (CCN) service areas. A CCN must be approved by
the Texas Natural Resources Conservation Commission (TNRCC) before services may be provided to
properties within the designated area. The water and wastewater service areas include all of the area within the
City plus different areas of the CityÔs Extra-territorial Jurisdiction (ETJ). The wastewater service area includes
an area larger than the water service area. Map showing these service areas are attached as Exhibit A
(Wastewater) and Exhibit B (Water).
The product of these land use assumptions will be applied to a projected ten-year Capital Improvement
Program (CIP) for the CityÔs water and wastewater treatment facilities to develop an impact fee that can be
assessed to future development. The impact fee will reflect the Ñfair shareÒ of the cost of eligible water and
wastewater capital improvements that will directly benefit new d
Methodology
Land Use Assumptions will be developed to project new Residential and Non-Residential development
anticipated to occur from 2008-2018.
Estimated residential development is stated in terms of the numb
number of projected housing units is directly related to the typ
NCTCOG, the estimated persons per housing unit, by type, are 2.5
housing unit and 2.12 persons per multi-family and other housing
Estimated non-residential development is stated in terms of square feet of development and is
primarily related to change in population, but also reflects loc
land use within communities. Projected non-residential development is forecast for commercial,
industrial, and civic land uses. Civic land uses include institutions such as schools, universities,
government facilities, churches, parks, streets, and other infrastructure.
Residential housing units and non-residential development in squ
demand for water and wastewater service and applied to the CIP.
Map showing Wastewater CCN
2
Map showing Water CCN
3
Year Estimated Percent COD Water Water Waste Waste
COD Change Population Service Service Water Water
Population COD Fiscal YearPopulationConnected Service Service
Population Population Population Connected
Fiscal YearPopulation
Fiscal Year
2007 109,895
2008 113,393 3.1829 110,769113,539109,905112,985 109,030
2009 117,002 3.1829 114,295117,153113,286116,581 112,501
2010 120,726 3.1829 117,933120,881116,832120,292 116,142
2011 125,770 4.178 121,987125,037121,036124,427 120,134
2012 131,025 4.178 127,084130,261126,092129,625 125,218
2013 136,499 4.178 132,393135,703131,428135,041 130,450
2014 142,202 4.178 137,925141,373136,990140,683 136,041
2015 148,143 4.178 143,687147,279142,787146,561 141,871
2016 152,983 3.2674 149,353152,340147,770151,593 146,894
2017 157,982 3.2674 154,233157,318152,598156,547 151,772
2018 163,144 3.2674 159,273162,458157,584161,662 156,731
Note 1: The area marked in the attached map, made by the Utiliti
the whole 5-mile ETJ; the boundaries in the map were drawn using
includes the ETJ area in their study area; hence the Planning Deons
using the ETJ area.
Note 2: Water Service Population is calculated as 2.5% higher than COD from 2008 to 2015, decreasing to 2.0% higher than
COD from 2016 to 2018. This was derived by the Utilities Depart
Note 3: Waste Water Service Population is calculated as 2.0% higher than COD from 2008 to 2015, decreasing to 1.5%
higher than COD from 2016 to 2018. This was derived by the Utilities Department.
Note 4: The water and wastewater service populations are adjusted to account for the difference in calendar year versus fiscal year
estimates and further adjusted to reflect that not all population in the service areas will actually be served.
4
A. RESIDENTIAL LAND USE ASSUMPTIONS
To estimate the number of new housing units expected as a result
necessary to state assumptions about the following:
estimated population expected within the water and wastewater se
estimated mix of housing units Ï single family as compared to multi-family;
estimated percentage of population living in group quarters such as college dormitories, assisted
living centers and jails;
estimated percentage of population that will live in single family housing units compared to the
percentage that will live in multi-family housing units;
estimated persons per housing unit for single-family and multi-family housing units; and
changing trends in these demographic factors over time.
A (i) CURRENT CONDITIONS
It is important to understand the current conditions with respect to each of these residential land use
assumptions:
The estimated 2008 population for the City will be 113,393. The estimated 2008 connected
population (fiscal year) for the water service area will be 109,905 and 109,030 for the wastewater
service area.
According to Census 2000 data, the City of Denton had 17,276 single-family housing units and
15,477 multi-family and other units. That amounted to 53% single family and 47% of other housing
units.
According to NCTCOG, the estimated persons per housing unit, by type, are 2.52 persons per single
family housing unit and 2.12 persons per multi-family and other housing unit.
5
A (ii) PROJECTED CONDITIONS
Following are the factors used to derive an estimate of the number of new housing units for the period 2008
through 2018.
1.When the Denton Comprehensive Plan 1999-2020 was adopted in December of 1999, 49% of the
housing was single family and 51% was multi-family and others. I
assumptions outlined in the Comprehensive Plan to change that ra
40% multi-family housing by the year 2020. From 1999 to 2007, the numbers of single family dwelling
units increased at a rapid rate, such that by the year 2008 the ratio of single family to multi-family has
already reach the 60:40% ratio. As of January 1, 2008, the number of single family units was 24,357 and
the number of multi-family units was 16,556. During the past few years the number of housing units
both single and multi-family receiving permits finaled has steadily declined.
Based the percent increase utilizing NCTCOG household forecast numbers between 2010 and 2020, the
60:40% ratio Comprehensive Plan goal between single family and multi-family units and utilizing
NCTCOGÔs estimated persons per housing unit, by type, of 2.52 pe
and 2.12 persons per multi-family and other housing unit, it is estimated that single-family housing units
will increase to 35,730 units and that multi-family housing units will increase to 23,820 units in 2018.
Year Number of % of SF % Change Number of % of MF % Change of
SF Units units of SF MF units & units MF
other
2000 17,276 52.7515,47747.25
2001 18,520 53.297.2016,23346.71 4.88
2002 19,584 54.645.7516,25945.36 0.16
2003 20,634 55.905.3616,28044.10 0.13
2004 21,813 57.335.7116,23342.67 -0.29
2005 23,009 58.635.4816,23641.37 0.02
2006 23,863 59.083.7116,53040.92 1.81
2007 24,357 59.532.0716,55640.47 0.16
2008 25,189 60.0016,79340.00
2009 25,898 60.002.8217,26640.00 2.82
2010 26,628 60.002.8217,75240.00 2.82
2011 27,686 60.003.9818,45840.00 3.98
2012 28,787 60.003.9819,19140.00 3.98
2013 29,931 60.003.9819,95440.00 3.98
2014 31,121 60.003.9820,74740.00 3.98
2015 32,358 60.003.9821,57240.00 3.98
2016 33,445 60.003.3622,29740.00 3.36
2017 34,568 60.003.3623,04640.00 3.36
2018 35,730 60.003.3623,82040.00 3.36
6
Note 1: A detached residential unit other than a manufactured home, hote
designed for and occupied by one family only.
Note 2: A structure or portion designed for three or more dwelling unit
by members of a fraternity or sorority, or by three or more boar
2.Based on the estimated number of housing units by type listed in
persons per housing unit, by type, of 2.52 persons per single fa
multi-family and other housing unit, it is estimated that the population living in single-family housing will
increase to 90,039 and 50,498 for multi-family in 2018.
YEAR SINGLE FAMILY MULTI-FAMILY
POPULATION POPULATION
2008
63,476 35,600
2018
90,039 50,498
3.The intensity of residential land use is indicated by the number of persons per housing unit. The local and
national trend toward smaller households is expected to continue
YEAR SINGLE FAMILY MULTI-FAMILY
2008 2.52 per unit & 2.12 per unit &
3 units/acre 14 units/acre
2018 2.52 per unit & 2.12 per unit &
3 units/acre 14 units/acre
Note 1: According to NCTCOG, the estimated persons per housing
persons per single family housing unit and 2.12 persons per mult
Note 2: One of the Denton PlanÔs Growth Management assumption is that citywide the average
density for single family development will be three units per gr
density for multi-family development will be 14 units per gross
7
Applying each of these factors to the forecast population for water and wastewater service areas yields the
estimated number of housing units for the period 2008 through 2018.
CHARACTERISTIC WATER CCN WASTE WATER CCN
SERVICE AREA SERVICE AREA
2008 2018 Change2008 2018 Change
Connected Population 109,905157,58447,679109,030156,731 47,701
Total Household
Population
101,553143,34741,794101,057142,644 41,587
Single Family Population 65,06391,83926,77764,74591,389 26,644
Multi-Family & other Pop 36,49051,50815,01836,31251,255 14,943
Total number of
Housing units 41,16359,02017,85740,83558,701 17,866
Note 1: Water Service Population and Household population is calculated as 2.5% higher than COD from 2008
to 2015, decreasing to 2.0% higher than COD from 2016 to 2018. This was derived by the Utilities Department.
Note 2: Waste Water Service Population and Household population is calculated as 2.0% higher than COD from
2008 to 2015, decreasing to 1.5% higher than COD from 2016 to 2018. This was derived by the Utilities
Department.
Note 3: The water and wastewater service populations are adjust
versus fiscal year estimates and further adjusted to reflect that not all population in the service areas will actually be
served.
Note 4: The total number of housing units was derived utilizing
NCTCOG estimate persons per residential unit of 2.67.
8
B. NON-RESIDENTIAL LAND USE ASSUMPTIONS
To estimate the amount of commercial, industrial and civic development expected as a result of forecast
changes in population it is necessary to state assumptions about the following:
estimated population expected within the water and wastewater se
ratio of developed land by type of land use, in the city and fro
estimated land use of non-residential land uses to residential l
estimated ratio of non-residential land uses to residential land
estimated floor area per acre of non-residential land uses; and
changing trends in these land use factors over time.
B (i) CURRENT CONDITIONS
It is important to understand the current conditions with respect to each of these non-residential land use
assumptions:
In 2000 NCTCOG published the following land uses data for the City of Denton. No new land use
data after 2000 has been published by NCTCOG. Using existing la
February 2008, the Planning Department calculated the land devel
land developed for each land use.
2000 2008
Land % of Land % of
developed in developed landdeveloped in developed
(acres) (acres) land
Residential 5,90636.938,52431.67
Single Family 4,98831.197,51227.91
Multi-Family/Other 9185.741,0123.76
Commercial 1,2177.612,5389.52
Industrial 1,0256.418112.93
Institutional 8785.492,79710.39
Infrastructure 6,05137.84--
Parks & Flood
7204.508443.14
Plain
Under
1160.73--
Construction
Water 780.49--
Other (Misc.) --11,43942.35
Total Developed 15,991100.0026,956100.00
Vacant 24,35428,826
Total 40,34555,782
The following is a definition of each land use type listed above:
Single Family One family detached units and duplexes.
9
Multi-Family Structures with three or more separate units such as apartment complexes, townhouses and
condominiums.
Other Residential Mobile homes (inside mobile home parks and free-standing units),
nursing homes, orphanages, college dormitories, jails, military
Industrial Manufacturing plants, warehouses, office showrooms, etc.
Commercial All office structures and retail buildings, shopping centers, de
supermarkets, restaurants, hotels and motels, amusement parks, a
Institutional Churches, governmental facilities, museums, schools, hospitals, medical clinics, libraries,
military bases.
Infrastructure All roads, airports (including terminals and runways), railroads
communication stations, truck terminals, sewage treatment and power plants, sanitary landfills, power line
easements, pump stations, water treatment plants, waste manageme
Parks & Flood Plain All public and private parks, golf courses, cemeteries, tennis courts, swimming pools,
and zoos, plus major flood control structures, levies and flood
Under Construction Land that has undergone site preparation and construction has be
Water All water bodies.
Vacant Undeveloped land plus parking lots and garages.
Total acres All land and water acreage within the city.
In 2000, within the City of Denton and assuming that there were no housing units located on land specified
as non-residential use, there were 17,276 single family units on 4,988 acres, a rate of 3.46 units per acre. There
were 15,477 multi-family and other residential units on 918 acres, a rate of 16.86 units per acre. Overall, there
were 32,753 housing units on 5,906 acres of residential land, a rate of 5.54 housing units per acre.
Zoning Area in Acres % of All Zoned
Classification Area
A 2255.0133.87
CM-E 231.1880.40
CM-G 1032.6821.77
DC-G 1467.4772.52
DC-N 36.6560.06
DR-1 132.8940.23
DR-2 582.5681.00
EC-C 844.3381.45
EC-I 1239.3032.13
IC-E 1395.0782.39
IC-G 3722.0836.38
MF-1 0.4130.00
MPC 6672.66611.45
NR-1 427.9120.73
NR-2 9703.66716.64
NR-3 4007.3686.87
NR-4 5119.2068.78
NR-6 1587.3042.72
NRMU 1173.4732.01
NRMU-12 1251.0852.15
10
PD 7255.81912.45
RCC-D 1534.3172.63
RCC-N 1092.8751.87
RCR-1 722.581.24
RCR-2 47.0520.08
RD-5 4763.978.17
Note 1: Acreage is based on GIS data available as of February
2008.
The following is a description of each zoning district:
Rural Residential (RD-5) These are areas of very low density residential development and agricultural lands.
Rural Commercial (RC) These areas are the locations of small rural commercial operatio
stores, established ÑFruit StandsÒ and places where some hand ma
Neighborhood Residential 1 (NR-1) These areas are a prominent feature of DentonÔs newest
neighborhoods while protecting existing neighborhoods. Residenti
home per acre.
Neighborhood Residential 2 (NR-2) Primarily residential development. Residential densities in these areas
will average two homes per acre.
Neighborhood Residential 3 (NR-3) The predominant zoning category of residential development in
Denton. Residential densities in these areas will average three homes per acre.
Neighborhood Residential 4 (NR-4) Primarily residential with some allowances for duplex-style
development. Residential densities in these areas will average four homes per acre.
Neighborhood Center Residential 6 (NR-6) These areas will be a prominent feature of DentonÔs newest
neighborhoods while protecting existing neighborhoods. They focu
encourage an appropriate mix of housing types with some supportive commercial uses. Typically expect to
see about six houses per acre of land.
Neighborhood Residential Mixed Use 12 (NRMU-12) Mixed use development intended to preserve and
protect existing neighborhoods and to ensure that any new infill development is compatible with existing land
uses, patterns, and design standards. This category allows low to moderate intensity multi-family housing.
Residential densities in these areas average twelve units per acre.
Neighborhood Residential Mixed Use (NRMU) The heart of the Neighborhood Center. Appropriately
designed neighborhood-oriented retail, office and service development with allowances for townhomes, civic
uses and limited multi-story apartments. and This category will be home to moderate and higher intensity
multi-family housing.
Community Mixed Use General (CM-G) These areas provide the necessary shopping, services, recreation
employment and institutional facilities that are required and supported by the surrounding community. This
use category contain buildings ranging from one to three stories
landscaped.
Community Mixed Use Employment (CM-E) These areas will provide the necessary, services,
employment and institutional facilities that are required and supported by the surrounding community. This
use category will contain buildings ranging from one to three stories with at least 20% of each property being
landscaped. These areas may contain locations for new office blocks and campus Ïstyle office developme
Downtown Residential (DR-1) These areas represent the traditionally residential portions of
the future expect to see more new residential projects.
Downtown Residential (DR-2) These areas also represent the traditionally residential portion
downtown. In the future expect to see more new residential proje
these areas buildings may reach up to three or four stories in h
Downtown Commercial General (DC-G) This is the central core of downtown Denton. The setting is
urban with much activity. With broad sidewalks and buildings oriented to the street, all the downtown land
11
use categories will help to create and enhance an inviting urban environment. In these areas buildings may
reach up to eight stories in height.
Downtown Commercial Neighborhood (DC-N) These areas, slightly less intense than the Downtown
Commercial General, are also an urban setting containing a mix o
may reach up to five stories in height.
Regional Center Residential 1 (RCR-1) These regional centers are designed to create focal point of
community activity including shopping, services, recreation, employment and institutional facilities. These
more intense residential areas will contain a wealth of supportive shops and services. They are an important
component for the local neighborhood as well as an entire region
Regional Center Residential 2 (RCR-2) These regional centers are designed to create focal point of
community activity including shopping, services, recreation, employment and institutional facilities. The
setting in this area is urban, containing a mix of jobs and hous
with a focus on multi-family housing. In these areas buildings may reach up to four stories in height.
Regional Center Commercial Neighborhood (RCC-N) This type of regional center stresses the
importance of neighborhood scale retail and commercial uses. As
will find activities including shopping, services, recreation, employment and institutional facilities. In these
areas buildings may reach up to five stories.
Regional Center Commercial Downtown (RCC-D) These centers will serve as major commercial hubs
for Denton. These areas of much commercial activity will serve the entire region. In these areas buildings
may reach up to eight stories in height. As in the other Regional Center areas here you will find activities
including shopping, services, recreation, employment and institutional facilities.
Employment Center Commercial (EC-C) These are areas that provide locations for a broad variety of
workplaces and complimentary uses. In general there is a focus
land use category.
Employment Center Industrial (EC-I) The purpose of these areas is to provide locations for a variety
workplaces and complimentary uses. In general there will be slightly more light manufacturing and low
impact industrial uses in this land use category than EC-C.
Industrial Center Employment (IC-E) This area has many of the same work processes and employment
types as Industrial Center General such as manufacturing, warehousing and distributing, indoor and outdoor
storage, and a wide range of commercial and industrial operations with the inclusion of more amenities added
which include hotels, motels, and recreation facilities.
Industrial Center General (IC-G) These areas can be characterized as containing a variety of work
processes and employment such as manufacturing, warehousing and distributing, indoor and outdoor storage,
and a wide range of commercial and industrial operations.
Planned Development (PD) These are master planned developments that have to meet higher s
scrutiny through the development process. Details of developments within PD districts will go before the
P&Z Commission and the City Council.
Multi-Family-1 (MF-1) Multi-family district designated as a holdover by Council action February 5, 2002.
Agricultural (A) Recently annexed property into the city limits of Denton. Curren
Agricultural pending future zoning case.
12
Applying the area of each type of non-residential land use to re
the number of housing units per acre of land, a ratio expressed
required to support an acre of commercial, industrial and civic land use can be developed.
Commercial Industrial Civic
Housing units needed to
23.7 24.96.78
support an acre of land
For calculating intensity, practical development intensity has b
commercial and 0.40 for industrial land uses. For comparison purposes, in the Denton Development
Code, two zoning districts that serves to provide the necessary shopping, services, recreation,
employment and institutional facilities are Community Mixed Use General (CM-G) and Community
Mixed Use Employment (CM-E). The maximum floor area ratio for CM-G is 1.5 and for CM-E is
0.75. Similarly, two zoning districts that serve to provide loc
and employment such as manufacturing, warehousing and distribution and a wide range of industrial
operations are Industrial Center Employment (IC-E) and Industria
maximum floor area ratio for IC-E is 0.75 and for IC-G is 0.40.
B (ii) PROJECTED CONDITIONS
1.It is assumed in the Comprehensive Plan that the mix of residential, commercial and institutional
land uses will be approximately the same as currently exists while industrial land uses will be higher.
It is estimated that between 2008 and 2018 the percent of develop land by land use will increase 2%
annually.
Year Single family Multi-family Commercial Industrial Institutional
2000 5.747.616.41 5.49
31.19
2008 3.769.522.93 10.39
27.91
2018
34.02 4.5811.603.57 12.67
2.Single family residential housing will continue to develop at a rate of 3 units per acre and multi-family
residential housing will continue to develop at a rate of 14 units per acre.
13
3.The density of non-residential land use is indicated by the rela
residential land used. As residential and non-residential development in the water and wastewater
service areas increase in density, the number of housing units required to support an acre of non-
residential land use can be expected to increase by one housing unit between 2008 and 2018.
(Housing units per acre of non-residential land)
Year Commercial Industrial Civic
2000 23.7 24.96.78
2008 24.025.07.0
2018 25.026.08.0
4.The intensity of non-residential land use is indicated by the am
of land, a practical development intensity has been a floor area
for industrial land uses. It can be reasonable to expect that commercial, industrial, and civic intensity
of land use will increase by approximately 20 percent between 2008 and 2018. The table also
indicates the relative intensity of land use among each of the non-residential land uses, with industrial
land developed most intensely, followed by commercial and then c
(Percent of floor area per acre of non-residential land)
Year Commercial Industrial Civic
2008 25404.5
2018 30485.4
Applying each of these factors to the forecast population and ho
areas yields the estimated amount of non-residential development, for the period 2008 through 2018.
CHARACTERISTIC WATER CCN WASTE WATER CCN
SERVICE AREA SERVICE AREA
2008 2018 Change 2008 2018 Change
Connected 109,905157,58447,679109,030156,731 47,701
Population
Housing Units 41,16359,02017,85740,83558,701 17,866
Land Use (Acres)
Commercial 1,7152,3616461,7012,348 647
Industrial 1,6472,2706231,6332,258 624
Civic 5,8807,3781,4975,8347,338 1,504
Floor Area (million square feet)
Commercial 18.6830.8512.1718.5330.68 12.16
Industrial 28.6947.4618.7728.4647.21 18.75
Civic 11.5317.355.8311.4317.26 5.82
2008 Water Service Area Zone 2 Land use Assumptions
14
2008 Water Service Area Zone 2 Land use Assumptions
There are many possible build-out scenarios for the land within
major transportation and development projects. Currently, market pressure for development is occurring
within areas with easy transportation access. Arterials such as FM 2449 and Robson Ranch Road will most
likely need to be increased in capacity to handle future traffic demand. In addition, the construction
288 north from I-35W through the Cole Ranch Master Plan Community (MPC) will increase development
activity occurring within this area.
Cole Ranch Master Plan Community
In February 2008, the City Council approved the Cole Ranch MPC. The approximately 3,256.92 acres of
property is located west of Interstate 35 West, south of Tom Cole Road. The Cole Ranch MPC consists will
contain a variety of land uses that will provide opportunities for vertical and horizontal mixed-use
developments. The development will consist of approximately 1,955 acres of Single Family development, and
approximately 342 acres of Neighborhood Residential Mixed Use development with multi-family, attached
single family, retail and office uses. The development will also contain 180 acres of Community Mixed Use
(CM-G) zoned property, 301 acres of Employment Center, and 85 ac
residential development will consist of 6,182 single family homes with an overall gross density of 2.9
dwellings per acre, 2,621 attached single family homes with a maximum of gross density of 12 units per acre
and 2,800 multi-family units with a maximum gross density of 30 units per acre.
The community is being designed with higher density and more intense uses (office and retail) along the
proposed alignment of Loop 288 and a more traditional suburban residential development towards the south
and west. Two Neighborhood Residential Mixed Use Districts are p
residential and neighborhood service oriented businesses to the surrounding single family detached residential
areas.
In an effort to facilitate the overall development of the MPC and provide the necessary institutional,
educational, and community uses, the Denton Independent School D
high school site which will be part of Phase III. A middle school site has also been finalized as part of Phase
II and two elementary school sites are proposed, as shown on the
locations have not been determined but the two elementary schools sites will be donated by the property
owner to DISD. All four school sites make up approximately 165 a
development.
There are approximately 680 acres of open space included in the MPC. Much of the open space is made up
of floodplain and Environmentally Sensitive Areas (ESAs). The applicant will identify the ESA mitigation
measures at the final plat process. The applicant will dedicate approximately 72 acres of park land for both
passive and active recreational purposes as required by the City
requirements.
Inspiration Master Plan Community
The Planning and Development is currently processing another MPC
approximately 3,331 acres subject property is generally located generally located on both sides of I-35W
between Robson Ranch Road and Vintage Boulevard. The proposed M
applicant is proposing to develop the property with a mix of residential, retail, commercial and open
15
space/recreational uses. The proposed zoning plan depicts approximately 2,849.5 acres of residential
development and 481.6 acres of mixed use development. The MPC will include schools, trails, parks, ponds
and community centers.
A maximum of 12,089 single family dwelling units and 3,253 multi-family dwelling units are being proposed.
The average single family density will be 4.47 units per acre and the ratio of single family to multi-family units
will be 79% to 21% (the ratio is based on maximum densities allowed within each zoning district). A higher
density mixed use regional center is proposed near the intersection of I-35W and Allred Road in addition to
other community and neighborhood mixed use centers.
16
Population Projections for the Zone 2 Study Area
17
2008 Land Use Assumptions for Water Service Area Zone 2
The development of the Cole Ranch MPC will commence late 2010.
The development of the Inspiration MPC will commence late 2011.
It is estimated that 25 total housing units will be constructed in the Zone 2 area in 2010,
increasing to 1,150 housing units by 2018.
Table 1: Population Projections for the Water Service Area Zone
Projected Total Projected Population Total % Increase
Housing Units Housing Population due to the Population in
Year
Units projected Population
SF MF SFMF
units
2007 1036
2008 0 0 00001,036 0.00
2009 0 0 00001,036 0.00
2010 25 0 25630631,099 6.08
2011 150 0 15037803781,477 34.40
2012 300 0 30075607562,233 51.19
2013 450 50 500113410612403,473 55.54
2014 500 150 650126031815785,051 45.44
2015 600 200 800151242419366,987 38.33
2016 600 200 800151242419368,923 27.71
2017 750 350 11001890742263211,555 29.50
2018 750 400 11501890848273814,293 23.70
Existing population in 2008 was calculated using existing land use GIS data.
C
ONCLUSIONS
City growth will continue to expand as emigration to Denton remains strong. The city will maintain an
average of 3 to 5 percent annual growth rate.
Population for the Phase I area will reach 14,293 by 2018, based on the land use assumptions.
The city will need to maintain its current policy of annexation of property where available infrastructure
and development pressures are applied.
18
2008 Land Use Assumptions for Wastewater Clear Creek Basin Zone
Land Use Assumptions Phase I Development Area
The Phase I service area incorporates land already designated in the Denton Comprehensive Plan as an
urbanized area, and land that was originally designated as ÑRural Areas.Ò Of the 11,500 acres that makes up
the Phase I service area, roughly half (5,751 acres) lies within
The construction of the wastewater treatment facility and transmission lines will enable land within Phase
I to be serviced regardless of the propertyÔs location within or outside the Comprehensive PlanÔs urbanizing
area. Therefore it is conceivable that within the 2018 year timeframe, some development may occur within
the currently designated Rural Areas. By assigning Neighborhood Centers to the Rural Areas of Phase I,
Denton increases the ability to proactively plan for development patterns which will achieve the policies as
stated in the plan. Development within Neighborhood Centers has the potential to include agricultural uses,
one-acre residential development, and specifically sited higher
retail/office uses which complement and provide services to the
19
There are many possible build-out scenarios for the land within Phase I depending on the timing of
major transportation and development projects. Currently, market pressure for development is occurring
within areas with easy transportation access. Arterials such as FM2165 (North Locust), FM 426 (Sherman
Drive), and the future extension of Bonnie Brae north will most likely need to be increased in capacity to
handle future traffic demand. In addition to current transportation linkages within this area, the North Texas
Tollway Authority, responsible for the construction and maintena
begun studies for a future extension of the tollway to reach from the City of Frisco northward to US 380 and
eventually tie into Interstate 35 either in north Denton County or southern Cooke County. The possible
inclusion of an alignment of the Tollway will affect how future projections for this area may be developed.
In 2007, the Planning and Development Department processed the first Master Plan Community (MPC)
called the Hills of Denton and was approved in July 2007. The future development of the Hill of Denton
MPC will increase the housing and economic growth to the area. The Hills of Denton MPC is approximately
2,100 acres located north of Loop 288, west of Locust, south of Milam and east of I-35. The development
consists of single- and multi-family housing, commercial retail and office, a town center and various public
amenities. The Hills of Denton MPC phasing plan show a commencement date of 2009 with a completion
date during the next 20 to 25 years.
Development of the University of North TexasÔ North Campus site at US 77 and Loop 288, may induce
associated interest in retail and services within the surroundin
the employment population the site will generate. There are chances that UNT may acquire some property
for multi-family apartments or dormitories.
20
It is assumed that neighborhood centers will have 70% of its land developed for residential uses, 20% will be
developed for commercial uses, 10% will be developed for civic and recreational uses. (Civic uses include
schools, libraries, police and fire stations, and parks and greenways)
The Growth Management Strategy assumptions in the comprehensive
at 60% single family housing units and 40% multi-family and others, by the year 2020 for the whole city.
Achievement of that policy may be obtained by having in these ar
units split as 70% single family units and 30% multi-family units and others.
It is anticipated that Phase I-B would not develop much until it is provided with water services. Even
though presently Phase I-C also does not have water services, it might be easier to take out water lines for
that area from new water lines extending from the Lake Ray Roberts Water facility along Sherman Drive and
so there are more chances of development occurring in Phase I-C. Phase I-A is included in both water and
wastewater service area, hence it is prime for development. It is assumed that the subject area would
experience significant growth when areas in the southern section of Denton reach development capacity.
Population Projections For Phase I Study Area
21
LUAPI-A
AND SE SSUMPTIONS FOR HASE
The development of the Hills of Denton MPC will commence late 20
It is estimated that 25 total housing units will be constructed in the Phase I-A area in 2009,
increasing to 450 housing units by 2018.
Table 1: Population Projections for Phase I-A
Projected Total Projected Population Total % Increase
Housing Units Housing Population due to the Population in
Year
Units projected Population
SF MF SFMF
units
2007 806
2008 0 0 0000806 0.00
2009 25 0 2563063869 7.81
2010 150 0 15037803781,247 43.48
2011 250 50 3006301067361,983 59.00
2012 350 50 4008821069882,971 49.81
2013 400 50 450100810611144,085 37.49
2014 425 50 475107110611775,262 28.81
2015 450 50 500113410612406,502 23.56
2016 450 50 500113410612407,742 19.07
2017 450 50 500113410612408,982 16.02
2018 450 50 5001134106124010,222 13.80
Existing population in 2008 was calculated using existing land use GIS data.
22
LUAPI-B
AND SE SSUMPTIONS FOR HASE
Until there is water service provided in this area, it will experience negligible growth.
It is estimated that the subject area would experience growth. Development pressure will demand
water and wastewater services.
It is estimated that an average of 25 total housing units will be constructed in the Phase I-B in 2013,
increasing to 100 housing units each year between 2016 and 2018.
Table 2: Population Projection for Phase I-B (Designated Neighborhood Centers)
Projected Projected Population
Total % Increase
Housing Units Population due to the Total
Year Housing in
projected Population
SF MF SFMF
Units Population
units
2007 93
2008 0 0 000093 0.00
2009 0 0 000093 0.00
2010 0 0 000093 0.00
2011 0 0 000093 0.00
2012 0 0 000093 0.00
2013 25 0 2563063156 67.57
2014 25 0 2563063219 40.32
2015 25 0 2563063282 28.74
2016 100 0 1002520252534 89.29
2017 100 0 1002520252786 47.17
2018 100 0 10025202521,038 32.05
Existing population in 2008 was calculated using existing land use GIS data.
23
LUAPI-C
AND SE SSUMPTIONS FOR HASE
This area will also experience negligible growth, until water services are provided. Ease of access to
waterlines along FM 426 may make future development of this area attractive.
Majority of the land in this part is under a common ownership. T
reason, need or desire to develop his land. Therefore, development may not occur within the next
ten years.
It is estimated that an average of 25 total housing units will be constructed in the subjected area each
year from 2010.
Table 3: Population Projection for Phase I-C (Designated Neighborhood Centers)
Projected Projected Population
Total % Increase
Housing Units Population due to the Total
Year Housing in
projected Population
SF MF SFMF
Units Population
units
2007 136
2008 0 0 0000136 0.00
2009 0 0 0000136 0.00
2010 25 0 2563063199 46.30
2011 25 0 2563063262 31.65
2012 25 0 2563063325 24.04
2013 25 0 2563063388 19.38
2014 25 0 2563063451 16.23
2015 25 0 2563063514 13.97
2016 25 0 2563063577 12.25
2017 50 0 501260126703 21.83
2018 50 0 501260126829 17.92
Existing population in 2008 was calculated using existing land use GIS data.
TABLE 4: SUMMARY OF POPULATION PROJECTIONS PHASE I BASIN
(Subareas I-B and I-C developed at Neighborhood Centers)
POPULATION
PI
HASE
80610,222
PA
ART
Part B 931,038
Part C 136829
Total 1,03512,089
24
Since Phase I-B and I-C subareas were not originally included in the urbanized area of the comprehensive
plan and its projections, these numbers should be added in addition to the projected total population of the
city.
Policy Ramifications of Phase I
With the inclusion of the entirety of the Phase I basin into the
Comprehensive Plan, residents, elected and appointed officials must consider the utilization of annexation
and comprehensive plan amendment policies.
Annexation Policy
The comprehensive plan states:
The city will proactively annex land within its southern ETJ and other urbanizing areas that become
attractive for urban development due to the availability of municipal utilities, and due to location within close
proximity to areas being subdivided and developed. Proper manage
areas depends on annexation and application of zoning regulations that support the recommended land use
plan. (The Denton Plan 1999-2020 p. 29)
Within the past three years, several annexations have occurred w
Denton. As development pressure continues to expand towards the
considered to maintain proactive growth management controls (zon
standards) within these areas.
Comprehensive Plan Amendment
With the inclusion of subareas I-B and I-C into consideration fo
forward a comprehensive plan amendment for public review to include these areas as ÑUrbanizing AreasÒ
rather than the previously designated ÑRural Areas.Ò
Phase II Land Use Assumptions and Population Projections
Growth within the remainder of the Clear Creek Basin within the cityÔs CCN Boundary (Phase II) will
remain at rural rates as the distances involved with providing c
services remains cost prohibitive within the timeframe of this report.
With the annexation of two large areas within this area, the Cit
obligations will be necessitated by future development. One of
development.
25
Conclusions
City growth will continue to expand as emigration to Denton remains strong. The city will maintain an
average of 3 to 5 percent annual growth rate.
Development pressure in the Phase I Basin has prompted the city to construct wastewater treatment
facilities that will eventually have the capacity to efficiently maintain the CityÔs service obligations for the
Clear Creek Basin.
Population for the Phase I area will reach 12,089 by 2018, based on the land use assumptions.
The city will need to proactively consider a comprehensive plan amendment for subareas I-B and I-C. In
addition, the city will need to maintain its current policy of annexation of property where available
infrastructure and development pressures are applied.
Population growth for the Phase II area will remain at current rural area rates for the time being.
26
CITY OF DENTON
Wastewater Improvements Costs
2008 - 2018
Percent Applicable to
ImprovementsCostImpact FeeApplicable Cos
t
($)($)
Treatment Plants
1
Clear Creek WWTP (3.0 MGD) $18,000,00050%$8,940,600
1
2Pecan Creek WRP (15.0 MGD)$34,737,6400%$0
3Pecan Creek WRP (6.0 MGD)$25,731,27283%$21,228,299
l$78,468,912$30,168,899
Treatment Plant Subtota
Lift Stations & Force Mains
4South Wet Weather Lift Station$2,442,91460%$1,465,748
5Graveyard Branch Lift Station & Force Main$7,050,30456%$3,923,494
6Cooper Creek Lift Station & Force Main$2,110,61724%$510,136
7West Wet Weather Lift Station$1,482,79698%$1,455,809
Lift Station & Force Main Subtotal$13,086,630$7,355,187
Interceptors
8State School Interceptor 1$2,962,12531%$920,628
9Pecan Creek Interceptor 1$2,089,64512%$246,369
10Pecan Creek Interceptor 2$2,736,77916%$450,474
11Pecan Creek Interceptor 3$1,669,67820%$328,760
12Pecan Creek Interceptor 4$1,222,30020%$238,960
13State School Interceptor 2$3,999,58832%$1,262,670
14Cooper Creek Interceptor 1$896,63416%$146,151
15Hickory Creek Interceptor 5$1,789,44538%$680,526
16Hickory Creek Interceptor 1$3,920,48139%$1,543,885
17Hickory Creek Interceptor 6$2,057,19629%$601,936
18Hickory Creek Interceptor 2$1,611,50027%$440,745
19Cooper Creek Interceptor 2$793,24017%$131,043
20Hickory Creek Interceptor 7$957,70830%$287,312
21Hickory Creek Interceptor 3$1,742,49126%$449,737
22Hickory Creek Outfall 1A$410,27734%$139,453
23Hickory Creek Interceptor 4B$520,29213%$65,036
24Hickory Creek Interceptor 4A$1,555,07615%$239,171
25Coed Outfall 1A$161,2078%$12,236
26Coed Outfall 1B$823,7576%$52,144
27Clear Creek Interceptor$7,466,52036%$2,653,601
28Pecan Creek Interceptor (Ph. 1 & 2)$2,966,45912%$356,865
29Cooper Creek Outfall (Loop 288)$3,498,10015%$539,757
30Krum Sewer Line$261,91115%$39,287
31Graveyard Branch Interceptor$4,291,94335%$1,517,202
32Roark Branch Interceptor$2,294,57125%$573,643
Interceptors Subtotal$52,698,924$13,917,591
Total Wastewater Improvements Capital Costs$144,254,466$51,441,678
1 The Clear Creek WWTP construction cost is based on $6.00 per gallon.
Water Service Area Zone 1
Water Service Area Zone 2
Hickory Creek
I35
380
377
ROBSON RANCH
00.512
Miles
34
37
40
AGENDA INFORMATION SHEET
AGENDA DATE:
June 17, 2008
DEPARTMENT:
Planning and Development
ACM:
Fred Greene
________________________________________________________________
SUBJECT-
A07-0006 (Hills of Denton North Annexation)
Consider adoption of an ordinance of the City of Denton, Texas, annexing by consent tracts of
land consisting of approximately 484.84 acres, contiguous and ad
generally located on the west side of Locust Street and south of
plan for the annexed property; providing a severability clause and an-0006).
The Planning and Zoning Commission recommends the annexation pro7-0.
BACKGROUND
Applicant: Spring Brook Planning Group Grapevine, TX
An annexation proceeding is being considered by the City of Denton for approximately 484.84
acres of land located west of Locust Street (FM 2164) and south of Milam Road. The subject
annexation area contains 26 parcels and is currently developed as Agriculture and Rural
Residential.
On April 3, 2007, the City annexed approximately 1,198 acres of
Hills of Denton, located south of the subject annexation area. Following the ann
17, 2007, City Council approved the Hills of Denton Master Plan Community (MPC).
applicant of the Hills of Denton MPC is the same as the applican
The intent of the applicant is to annex the property into the Ciation
for a new MPC called Hills of Denton North.
The following items summarize the proposed annexation and import
On May 11, 2008, the Ordinance was published in Denton Record-Chronicle.
On May 6, 2008, City Council held the first reading of the Ordinance.
On April 15, 2008, City Council held the second of two public hearings.
On April 1, 2008, City Council held the first of two public hear
On March 12, 2008, Planning and Zoning Commission held a public
the proposed annexation.
-
territorial Jurisdiction (ETJ) and is not zoned.
The Comprehensive Plan identifies this area to be within a Rural Areas and
Neighborhood Centers land use designation.
The annexation is scheduled for completion on June 17, 2008, see Exhibit 2.
hen significant
within the designated urbanizing area; is expected to accommodat
twenty years; and if the annexation is contiguous to existing city limits, city roads and rights-of-
within a platted lot; any subdivision or reconfiguration of the subject property will
additional properties.
Public notification information is provided in Exhibit 4. As of this writing, staff has received
one response from property owners within 200 feet of the subject site. The property owner is
neutral to the annexation petition.
OPTIONS
1. Approve as submitted.
2. Deny.
3. Postpone consideration.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends the annexation pro-0.
Staff recommends that the public hearings proceed as scheduled,
and coordinate development in an orderly manner is a significant city objective that the City of
Denton will pursue.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
March 12, 2008 Planning and Zoning Commission Public Hearing
April 1, 2008 First City Council Public Hearing
April 15, 2008 Second City Council Public Hearing
st
May 6, 2008 1 reading of the Ordinance
May 11, 2008 Ordinance publication
FISCAL INFORMATION
Development of this property will increase the assessed value of
district. It will require no short-term public improvements that are the responsibility of the city.
EXHIBITS
1. Location Map
2. Annexation Summary Schedule
3. Service Plan
4. Service Area Analysis
5. Notification Information
6. March 12, 2008 P&Z Minutes
7. Responses to Public Hearing Notice
8. Ordinance
Prepared by: Respectfully submitted:
Ron Menguita
Planning Supervisor Mark Cunningham, AICP
Director of Planning and Development
EXHIBIT 1
LOCATION MAP
ANNEXATION SUMMARY SCHEDULE
Hills of Denton North Annexation
Notices to Intent to Annex will be sent on February 8, 2008.
Tuesday, 4/1/08 City Council conducts first public hearing.
Public notice must be no less than 10 days and no more than 20
days before public hearing.
Annexation Study prepared and available for public review.
Service Plan prepared and available for public review.
Tuesday, 4/15/08City Council conducts second public hearing.
Public notice must be no less than 10 days and no more than 20
days before public hearing.
Wednesday, 3/12/08 Planning and Zoning Commission public hearings make a
recommendation to City Council regarding the proposed
annexation.
Tuesday, 5/6/08 City Council by a four-fifths vote institutes annexation
proceedings.
First reading of annexation ordinance.
Action must be more than 20 days after the second public
hearing but less than 40 days from the first public hearing.
Sunday, 5/11/08Ordinance published
The ordinance cannot be acted upon until at least 30 days after
publication.
Tuesday, 6/17/08 City Council by a four-fifths vote takes final action. Second
reading and adoption of the annexation ordinance.
Council action must be more than 30 days after publication of
ordinance and less than 90 days after council institutes
st
annexation proceedings (adopts ordinance on 1 reading). The
second reading of the ordinance could be held any time
between June 10, 2008 and August 9, 2008.
Annexations must be rigidly coordinated in conjunction with the City Council public hearing
schedule due to specific timing mandates established by Texas State Law. The Texas Local
st
Government Code requires that City Council institute annexation proceedings (1 Reading of the
Ordinance) more than 20 days after the second City Council public hearing but less than 40
days from the first City Council public hearing.
EXHIBIT 3
CITY OF DENTON SERVICE PLAN FOR
A07-0006 Hills of Denton NorthAnnexation
I.AREA ANNEXED
The annexation area is located west of Locust Street (FM 2164) and south of Milam
Road.
II.INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government
Code, Sections 43.021, 43.065, and 43.065(b)-(o) (Vernon 1999, as amended).
Municipal facilities and services to the annexed area described
or made available on behalf of the City in accordance with the following plan. The
City shall provide the annexed tract(s) the levels of service, i
infrastructure maintenance that are comparable to the levels of
and infrastructure maintenance available in other parts of the city with similar
topography, land use, and population density.
III.AD VALOREM (PROPERTY OWNER) TAX SERVICES
A.Police Protection, and Animal Control
Police service, including patrolling, response to calls, and oth
functions, will be provided to the property upon the effective date of the
annexation using existing personnel and equipment. Code enforce
and animal control services will also be provided to the propert
effective date of the annexation.
B.Fire Protection
Fire protection (within the limits of existing hydrants) and emergency
medical services will be provided to the property upon the effec
of the annexation. The estimated emergency response time in this6
to 9 minutes from Station #4 located at 2110 E. Sherman and Station #5
located at 2230 W. Windsor. The City of Denton will provide emergency
C.Roads and Streets
Roads and streets, which have been properly platted, duly dedica
accepted by the City of Denton and/or Denton County, shall be maintained
by the City of Denton on the effective date of the annexation.
and maintenance of street signs, street lighting and traffic con
will be maintained by the City of Denton on the effective date o
annexation.
D.Parks and Recreation Facilities
Parks and recreational facilities in the area to be annexed will
the effective date of the annexation according to the 2000 Parks and
Recreation Master Plan. No parks are currently located within th
proposed annexation area. Denton neighborhood park facilities are not
within reasonably close distance of the proposed annexation area
Residents of the proposed annexation area will be able to use ex
of Denton park and recreation facilities and programs.
E.Library Services
Library services will be made available on the effective date of
annexation on the same basis and at the same level as similar li
facilities are maintained throughout the city.
This annexation will impact the current level of library services provided
at the North Branch Library as it is in proximity to the service
request.
F.Building Inspections and Consumer Health Services
Building inspections and consumer health services will be made a
on the effective date of the annexation on the same basis and at the same
level as similar facilities are maintained throughout the City.
costs of services delivered. Incomplete construction must obtain building
permits from the Building Inspections Department of the City of
G.Planning and Development Services
Planning and development services will be made available on the
date of the annexation. The Planning and Development Department
currently services this property by way of administration of the
Development Code, concerning subdivision and land development
regulations.
-2020
comprehensive plan, by Ordinance 99-439 on December 7, 1999. The
Future Land Use Plan addresses both land in the city and its ETJ
subject tract is within the Rural Areas land use designation. The Denton
Plan designates future land uses to manage the quality and quant
growth by organizing the land use patterns, by matching land use intensity
with available infrastructure, and by preserving floodplains as
environmental and open space corridors. The Denton Plan will be
a basis for final zoning classifications after the properties are annexed.
IV.UTILITY (RATEPAYER) SERVICES
A.Solid Waste Collection
The City of Denton is the exclusive residential and commercial s
waste service provider in the City. City Ordinance requires Soli
services for all residences and commercial businesses located within the
city limits. The City of Denton Solid Waste Department is fully
through the service fees charged, and receives no funding from c
revenues. Solid waste refuse collection services will be provide
newly annexed property immediately upon the effective date of the
annexation. To receive solid waste collection service, the custo
contact the City of Denton Customer Service Office, 940-349-8787, and
submit a request/application for service. Commercial customers are
required to complete and submit a Service Agreement to Solid Was
Customer Service prior to receiving service.
Residential Solid Waste Services
Each residential address will be provided a wheeled refuse cart,
be serviced one time per week. Residents are required to place their refuse
cart(s) at the curb prior to 7:00 a.m. on their collection day.
be placed at the curb for collection no earlier than 6:00 p.m. t
prior to their collection day. Carts are to be removed from the curb no later
than 6:00 a.m. on the day following their collection day. All re
in the cart for collection must be bagged to eliminate wind blow
and littering. Refuse that is not placed in the cart with the li
not be collected. Additional carts may be provided for an additi
monthly charge.
Weekly yard waste service is provided. Weekly bulky item collection
service is provided.
Weekly curbside recycling services are provided by Trinity Waste
Services. Contact Trinity at 1-800-766-1758 to obtain curbside recycling
information.
bulky item collection service, and yard waste service will occur
day of each week. Please telephone Customer Service, 940-349-8787, to
answer any remaining questions, and sign up for service.
Commercial Refuse Service
Each commercial business will be provided with a commercial
container(s), which are available in a variety of sizes and freqes of
collection, based on the waste type and volume generated. All re
placed in the container for collection must be bagged to elimina
blown debris and littering. Refuse that is not placed in the con
the lid closed will not be collected. Refuse placed outside the container is
subject to code enforcement regulations, including potential fin
Landfill Service
The City of Denton Solid Waste Landfill hours of operation are 7
to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on
Saturdays. For information regarding disposal charges, call the
Office at 940-349-7510.
B.Water/Wastewater Facilities
There are no water and wastewater facilities in the area to be annexed.
The City will provide a level of water and wastewater service,
infrastructure, and infrastructure maintenance that is comparabl
level of services, infrastructure, and infrastructure maintenanc
in other parts of the city with topography, land use, and popula
similar to those reasonably contemplated or projected in the area.
C.Drainage Services
Drainage maintenance will be provided to the property upon the e
date of the annexation. The City will provide a level of draina
infrastructure, and infrastructure maintenance that is comparable to the
level of services, infrastructure, and infrastructure maintenanc
in other parts of the city with topography, land use, and popula
similar to those reasonably contemplated or projected in the area.
D.Electrical Services
CoServ Electric is certified by the State and is obligated to provide e
utility service to the annexation area should a request be made
property owner. Electric utility service will be made available on the
effective date of the annexation on the same basis and at the same l
similar facilities are maintained throughout the city.
V.OTHER SERVICES
Other services that may be provided by the City, such as municip
general administration will be made available on the effective date of the
annexation. The City shall provide a level of services, infrast
infrastructure maintenance that is comparable to the level of se
infrastructure, and infrastructure maintenance available in otheof the
City with topography, land use, and population density similar t
reasonably contemplated or projected in the area.
VI.CAPITAL IMPROVEMENTS PROGRAM (CIP)
No new construction of additional water, sewer, street, and drai
is contemplated within the annexed area as a result of this annexation. No
construction of public improvements is contemplated as a result
annexation that would begin within two and a half (2 ½) years af
effective date of the annexation. The City shall consider construction of
other public improvements as the needs dictate on the same basis
public improvements are considered throughout the City for areas
similar characteristics of topography, land use, and population
VII.UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED
Nothing in this plan shall require the City to provide a uniform
municipal services to each area of the City, including the annex
different characteristics of topography, land use, and population density are
considered a sufficient basis for providing different levels of
VIII.TERM
This service plan shall be valid for a term of ten (10) years.
service plan shall be at the discretion of City Council.
IX.AMENDMENTS
The service plan may be amended if the City Council determines at a
hearing that changed conditions or subsequent occurrences make t
plan unworkable or obsolete. The City Council may amend the ser
conform to the changed conditions or subsequent occurrences pursuant to
Texas Local Government Code, Section 43.056 (Vernon Supp. 2000).
EXHIBIT 4
SERVICE AREA ANALYSIS
A07-0006 Hills of Denton North Annexation
The Planning and Development Department has received a request f
approximately 484.84 acres of land located west of Locust Street (FM 2164) and south of
Milam Road.
Size: 484.84 acres
Location: West of Locust Street (FM 2164) and south of Milam Road
Proposed use: Single Family Dwellings and Commercial Retail
Proposed zoning: Master Plan Community (MPC)
The purpose of the service area analysis is to determine how the city would provide services to
the area should it be annexed into the city. A service area ana
ability to provide services to the proposed area it is necessary to document:
proposed area;
additional personnel and capital equipment/facilities necessary
level of service to the proposed area; and
cost of providing additional service.
Existing Conditions:
Proximity to existing arterial and collector roads. This site is located on the southwest corner of
Locust Street (FM 2164) and Milam Road. The Mobility Plan designates Locust Street as a
Primary Major Arterial and Milam Road as a Secondary Major Arterial. There is a Secondary
Major Arterial that runs east-west along the southern boundary of the site.
Future Land Uses. The proposed annexation area is within the Rural Areas and
Neighborhood Centers land use designations.
Existing land uses: The majority of the subject site is currently undeveloped. There are
approximately 9 existing structures located on the site.
Prominent natural features: The Environmentally Sensitive Areas (ESA) map shows that this
property contains ESA Undeveloped Floodplain and Riparian Buffers. This site contains 100-
year floodplain.
Proximity to other service providers: This property is along the northern border of the City of
Denton. Based on the current data, there is no water line or sewer line in close proximity to
the subject site. The closest water line is located south along
Thank you for your consideration of this request. Please submit
believe is pertinent to evaluate the provision of services to this area to
Planning and Development Department by March 5, 2008, and call (940) 349-8328 if there are
any questions.
SERVICE AREA ANALYSIS
A07-0006 Hills of Denton NorthAnnexation
Fire
1. Fire and Emergency Medical Services can be provided to the area
# 4 located at 2110 E. Sherman and #5 located at 2230 W. Windsor.
2. Estimated response time. 6-9 minutes
3. Appropriate response time in the City. 5 minutes
4. Is a new fire station approved in the CIP that could serve this are No If yes, what is
the CIP program year?
5. Will a new fire station be requested in upcoming CIP proposals t Yes
If yes, when should this station be operational? 2012
6. Total estimated funding for equipment, employees and/or faciliti
area strictly based on annexation and proposed development. TBD
7. Please comment on the cumulative impact of annexation and develo
At what population level would another fire station facility be required? N/A
Is there an accepted facility/equipment to population ratio that
purposes? No
Is there an accepted fire fighter to population ratio that can b
purposes? No
Additional Comments:
Ross Chadwick, Fire Chief March 4, 2008
_______________________________ _______________
Person to contact if there are questions Date
SERVICE AREA ANALYSIS
A07-0006 Hills of Denton NorthAnnexation
Parks and Recreation
1. What neighborhood park and recreational facilities are currently
capable of serving this area if annexed and/or developed (federa
None are within the proposed annexation. The closest Denton Parks properties to
the proposed annexation area are North Lakes Park 3.2 mile to th
Park, 3.5 miles to the south and Water Works Park, 3 miles to th
residents will be able to use existing City of Denton parks, fac
programs.
2. What projects and/or equipment will be needed to adequately serv
and/or development based on the parks and recreation master plan
standards? The 2000 Denton Park and Recreation Master Plan does extend to t
general area of the proposed annexation. As neighborhood subdivision
development occurs, neighborhood parks and community parks with
facilities will be necessary. This will be accomplished by the
Denton Park Land Dedication Ordinance which calculates the required acreage as
residential areas are final platted.
Neighborhood Parks: 2.5 acres per 1,000 population (to be dedicated at time of
development)
5 acres minimum size.
Neighborhood Park Development cost per acre is
approximately $60,000/acre.
Community Parks: 3 acres per 1,000 population
30 acres minimum
_____ cost per acre.
Recreation Center: _____square feet per 1,000 population.
_____square feet minimum size.
_____cost per square foot.
Other facilities
Community Parks: _____ square feet per 1,000 population.
_____ square feet minimum size.
_____ cost per square foot.
3. How much additional funding will be needed for maintenance if ad
are developed to serve this area? None required for Parks at this time. However
addition mowing for street right of ways will be needed. Annual
street right of way mowing for 5 cycles is estimated at $100.00
of new right of way mowing areas to come into the city.
Service Standard: Based on $41.00 per acre per mowing cycle.
4. How many additional personnel would be needed to properly serve
and developed? No additional personnel for Parks maintenance required at this
time. However additional resources will be required for road right of way mowing
along roadways that become city streets.
_____ additional personnel per 1,000 population;
_____ additional personnel per 1,000 square feet of facility; or
_____ additional personnel per acre of park.
5. Service Standards:
_____ additional personnel per 1,000 population
_____ cost per additional personnel
Additional Comments:
Denton Parks and Recreation Department will attempt to coordinat
facilities proposed for development by the developer or use funds from the Park Land
Dedication requirements to purchase or expand existing parks wit
this development.
Bob Tickner,
Superintendent of Park Planning and Development March 24, 2008
_______________________________ ___________
Person to contact if there are questions Date
SERVICE AREA ANALYSIS
A07-0006 Hills of Denton NorthAnnexation
Police
1. Estimated average response time for this area based on current d
Priority 9 minutes
Non-priority 20 minutes
Average 14 minutes
2. Appropriate average response time in the city based on current d
Priority 9 minutes
Non-priority 20 minutes
Average 14 minutes
3. If annexed and developed as proposed will additional personnel be needed as a specific
result of this proposal? No. If yes, how many? _____ What type? _____
4. Will additional equipment and funding be needed to serve this ar No. If yes, what
type? _____
5. Will a police substation or other facility be needed to serve this area as a result of
annexation and development? No. If yes, when should the new facilities be
operational? _____
6. Please comment on the cumulative impact of annexation and develo
At what population level would another police facility be required? N/A
Is there an accepted facility/equipment to population ratio that
purposes? No
Is there an accepted officer to population ratio that can be use
No
Additional Comments:
Captain Scott Langford March 24, 2008
________________________________ _____________
Person to contact if there are questions Date
SERVICE AREA ANALYSIS
A07-0006 Hills of Denton NorthAnnexation
Library
1. Estimated additional funding needed strictly based on proposed annexation and
development. $40,500
2. Please comment on the cumulative impact of annexation and develo Since the
proposed annexation area shows a maximum of 1,684 single family
annexation and development of the Hills of Denton North will have a negative
impact on library services at our North Branch facility.
3. At what population level would another library facility be requi 131,738
4. Is there an accepted circulation to population ratio that can beor planning
purposes? Yes. 7.47 is the national 2007 annual circulation per capita av
the service area population served by the Denton Public Library.
5. Is there an accepted employee to population ratio that can be us
purposes? Yes. According to the Texas Public Library Standards it is one (
FTE per 1,000 populations and one (1) professional librarian per
populations.
6. If annexed, can anticipated service demands be met using existin
and personnel? No. The proposed annexation area population will increase
service demands at our North Branch which is already operating a
staffing levels.
7. If not, how many additional employees and what type of facilitie
needed to provide services? Three (3) additional employees are needed to provide
adequate staffing when the number of maximum single family units
Additional Comments:
This annexation will impact the current level of library serviceth
Branch as it is in proximity to the service plan request.
Eva Poole March 5, 2008
________________________________ ____________
Person to contact if there are questions Date
SERVICE AREA ANALYSIS
A07-0006 Hills of Denton NorthAnnexation
Solid Waste
1. Is residential solid waste service available to the proposed are Yes
2. Is commercial solid waste service available to the proposed area
Yes
3. What is the estimated cost to provide this area with solid waste service?
Residential: Large Refuse Cart - $17.75 / month
Medium Refuse Cart - $16.60 / month
Small Refuse Cart - $15.00 / month
Recycling Cart - $3.50 / month
Commercial: Based on container size, and frequency of service.
4. What is the typical revenue collected per:
Household. Based on Refuse Cart size selected.
Commercial Business Based on container size, and service frequency.
5. Will additional equipment be needed to serve this area if annexe No
Type of Equipment. None
Cost of Equipment. N/A
6. Will additional employees be needed to serve this area if annexe No
Type of Employees. None
Number of Employees. None
7. Please comment on the cumulative impact of annexation and develo
At what population level would additional equipment be required?N/A
Is there an accepted equipment to population ratio that can be u
purposes? No
Is there an accepted employee to population ratio that can be us
purposes? No
Additional Comments:
S. Lebsack, SW Administration Manager March 4, 2008
________________________________ ____________
Person to contact if there are questions Date
SERVICE AREA ANALYSIS
A07-0006 Hills of Denton NorthAnnexation
Electric Utilities
1. What is the distance to, location of, and size of the nearest CoServ electric line?
_____
2. What type of lines and facilities would be required to serve thi
3. Are any new lines or facilities proposed for construction to serhis area? _____
4. Are there any potential responsibilities if this area is annexed
5. Please comment on the cumulative impact of annexation and develo
At what population level would additional equipment be required?
Is there an accepted equipment to population ratio that can be used for planning
purposes? _____
Is there an accepted employee to population ratio that can be us
purposes? _____
Additional Comments:
CoServ Electric has in place on or near the referenced property an adequate and
dependable source of electric power and energy capable of supply
the proposed development location. Service can be extended to t
upon request according to our approved Tariffs.
Loren Smith, Project Management Coordinator
CoServ March 17, 2008
________________________________ ____________
Person to contact if there are questions Date
SERVICE AREA ANALYSIS
A07-0006 Hills of Denton NorthAnnexation
Water/Wastewater
1. What is the nearest City of Denton water line?
Size of water line. 36 inch
Location of water line. North side of Loop 288 west of Locust
Street
Distance from proposed annexation. _____
2. What is the nearest City of Denton sewer line?
Size of sewer line. 18 inch
Location of sewer line. On Nicosia Street south of Loop 288
Distance from proposed annexation. 3500 feet
3. According to the City of Denton master plan what type of lines a
required for this area and when are those lines and facilities proposed for construction.
Water lines Line extension requirements and lines sizes will be determined
during the preliminary platting phase of the project.
Sewer lines 30 , 36 and 42 inch. Construction of sewer line will coincide
with the development of Hills of Denton property. The sewer
line will begin at the Hills of Denton property and travel east
along the Milam/Clear Creek to the future proposed City of
Denton Clear Creek Water Reclamation Plant.
4. Are there any City of Denton lines included in the proposed annexation? NO.
5. Please comment on the cumulative impact of annexation and develo
At what population level would additional equipment be required?6,250
Is there an accepted equipment to population ratio that can be used for planning
purposes? 6,250
Is there an accepted employee to population ratio that can be us
purposes? 6,250
Additional Comments:
The proposed annexation area will be served by the construction
sewer line (see -125, Dated
June 5, 2007, for agreement between City of Denton and Denton 28
Sanitary Sewer & Water Facilities pertaining to Hills of Denton
responsibilities of the City and the Developer of Hills of Denton to provide wa
and water service to the proposed annexation area.
P. S. Arora, Assistant Director for Wastewater March 4, 2008
Tim Fisher, Assistant Director for Water March 25, 2008
_____________________________ ____________
Person to contact if there are questions Date
SERVICE AREA ANALYSIS
A07-0006 Hills of Denton NorthAnnexation
Engineering and Transportation
1. What existing roads, bridges and other transportation facilities will be
proposed annexation and development in terms of needed improveme
Name and location Type of Improvement Approximate Cost
See comments below
2. Are any of these improvements presently scheduled to be done at state or fede
expense? NO. If yes, please identify facility and anticipated date improvemen
begin. _____
3. Please list any drainage improvements that may require local fun
estimated cost (if no specific improvements can be determined, pleas
comments concerning drainage).
Storm water from this property drains south and east to the floo
Creek and Milam Creek Tributary 10. At this time, no specific drainage
improvements are envisioned to be needed as a direct result of t
however, as this land develops, drainage improvements will be re
accordance with the City of Denton Development Code, Drainage Cr
and other applicable ordinances.
4. Will additional equipment and facilities be needed as a specific
and development? NO. If yes, what type of equipment or facility? _____
5. Please comment on the cumulative impact of annexation and develo
At what population level would additional equipment be required?N/A
Is there an accepted equipment to population ratio that can be u
purposes? N/A
Is there an accepted employee to population ratio that can be us
purposes? N/A
Additional Comments:
A Traffic Impact Analysis will be required that assess the effec
roadways as well as those required of the Denton Mobility Plan.
may be required depending on the resulting LOS capacities determined. The property
owner should be aware that there is a proposed E/W Tollway for t
contact the proper authorities for direction.
Bernard Vokoun March 14, 2008
Chad Allen March 17, 2008
________________________________ ____________
Person to contact if there are questions Date
SERVICE AREA ANALYSIS
A07-0006 Hills of Denton NorthAnnexation
Denton Independent School District
1. Education services are currently provided by:
Denton Independent School District
2. If annexed, can anticipated service demands be met using existin
and personnel?
No Current DISD facilities and staff levels will not service the st
resulting from the Hills of Denton North Annexation anticipated 1,684 singlefamily units.
3. If not, how many additional employees and what type of facilitie
needed to provide services?
Student Yield (.75 =S/F .20=M/F) Elementary Middle High Total
Pop. 674 286 303 1263
Campus Requirements Elementary Middle High Total
1 ½ to 1 ½ to 1 2-3
Staffing Elementary Middle High Total
65 55 -110 100-200 220-375
Considering the entire Hills of Denton Development the district
and high school facilities. The additional student population could
existing middle or high school facility or a completely new midd
be constructed. Student densities will dictate exact number of .
4. Estimate additional funding needed strictly based on proposed an
development.
New Facilities - Elementary Middle High Total
$20 Million $43 Million $120 Million $183 Million
Staffing Salary - Elementary Middle High Total
$1.4 Million $2.8 Million $4 Million $ 8.2 Million
5. Will projected school taxes from this development provide that a
To be determined.
6. Please comment on the cumulative impact of annexation and develo
This proposed annexation will provide city services to DISD faci
The proposed annexation would require DISD to pass additional sc
to finance construction of new facilities.
7. At what population level would other school facilities be requir
New facilities are designed to accommodate the following:
Elementary - 650 - 700 students
Middle School - 900 -1000 students
High School - 1800 -2000 students
8. Is there an acceptable employee to population ratio that can be
purposes?
Elementary - 22 students per teacher
Middle School - 28 students per teacher
High School - 28 students per teacher
Additional Comments:
Rod Reeves (940) 369-0250
Coordinator of Facilities, DISD March 25, 2008
___________________________ ____________
Person to contact if there are questions Date
EXHIBIT 5
NOTIFICATION INFORMATION
Public Notification Date: 2/27/08
21
5
In Opposition: 0
In Favor: 0
Neutral: 1
RESPONSESTOPUBLICHEARINGNOTICE
A070006HILLSOFDENTONNORTHANNEXATION
AGENDA INFORMATION SHEET
AGENDA DATE: June 17, 2008
DEPARTMENT: Utilities Administration
ACM: Howard Martin, 349-8232
SUBJECT
Consider an ordinance approving a Development Agreement between the City of Denton and
ALLEGIANCE HILLVIEW, L.P., a New York limited partnership acting by and through its
general partner, TH GP LLC (d/b/a TH Denton GP LLC), a Delaware limited liability company
(hereinafter called "Developer") for securing the funding associated with the construction of the
widening of U.S. Highway 380 through the Rayzor Ranch Development, reimbursement for third
party inspection services for the highway construction and the expenditure of utility funds for
the relocation of water and wastewater utilities between IH35 and Bonnie Brae Road; and
declaring an effective date. The Public Utilities Board recommends approval (4-0).
BACKGROUND
The Texas Department of Transportation (TxDOT) has been in the process of preparing
documents for the widening of U.S. Highway 380 (University Drive) from IH35 east to Elm
Street, having published plans adequate for the relocation of all utilities in advance of the actual
roadway widening about 1-1/2 years ago. The City has been working towards the relocation
design of the water and wastewater lines along this roadway off and on for a number of years in
anticipation of TxDOT providing the City with plans adequate and moving the highway
widening project forward to construction (see Exhibit 1). In addition, a developer(s) of the
Rayzor Ranch property on both sides of U.S. Hwy. 380 between IH35 and Bonnie Brae has been
working with the City to plat and develop this property for the of two years, agreeing
to advance and undertake the installation and relocation of all utilities necessitated by the
Development or impacted by the widening of U.S. Hwy 380. The developer has also taken on
the actual widening of U.S. Hwy. 380 between IH35 and Bonnie Brae.
Staff has negotiated the attached Development Agreement (see Exhibit 2) for the Developer,
ALLEGIANCE HILLVIEW, L.P., to advance the widening of the highway and relocate City
owned utilities. The agreement has three main components:
1.The widening of U.S. Hwy. 380 between IH35 and Bonnie Brae Road The Developer
has taken on this work as a part of the overall Rayzor Ranch project. The agreement
stipulates that the Developer will complete the design and permi
project and will provide a funding source, which may take the form of an irrevocable
letter of credit (ILOC) on a bank approved by the City, to ensure that the widening
project will be completed in the event of default on the part of the Developer after the
project has already started. The Developer is estimating that the widening of the roadway
over this section will cost on the order of $8.0 to $10.0 million dollars to complete. An
additional bond in the amount of $500,000 is also required as part of the agreement to
compensate the City for administrative and bidding expenses associated with the
completion of the project in the event that the Developer defaul
2.The relocation of water and wastewater utilities along the referenced stretch of U.S. Hwy.
380 In order to effect the widening of the roadway, the utilities must first be moved out
of the ROW and out of conflict with any drainage or other structures placed in
conjunction with the highway improvements. Inasmuch as the City already had a CIP
project underway to accomplish the relocation of its water and wastewater lines in this
area, the agreement provides that the Developer will complete the design of the
relocations, achieve permitting through TxDOT and may make use o
funds that would have been dedicated to the relocation of these utilities
3.Inspection services for the widening of U.S. Hwy. 380 Inasmuch as the widening
project will be performed by the Developer but permitted through the City, the City is
responsible for ensuring that the Developer constructs the roadway project to TxDOT
standards. To that end, the City has received a proposal from a consulting firm in the
amount of $456,618 for the provision of construction administration services, full time
inspectors and material testing for the project. The developer agreement provides that the
Developer will reimburse the City for these expenses plus supplemental costs if the actual
amounts exceed the projected costs (such funding may also take the form of an ILOC).
The contract requires that the Developer provide funding for the roadway widening and
inspection services within ninety days of the execution of this agreement or the agreement is
effectively null and void, such time being requested by the Developer in order to set up and fund
the ILOC with a bank acceptable to the City. The form of the ILOC is still under negotiation,
but the language provided to the Developer from the City is anticipated to be substantially shown
on the exhibit included with the Development Agreement in Exhibit 2.
The City of Denton Water Utilities Department originally included a total of $4,954,000 in
construction funds in its Capital Improvement Program (CIP) for the relocation of water and
wastewater lines in association with the Texas Department of Transportation (TxDOT) widening
of U.S. Hwy. 380 between Elm Street and Interstate Highway 35 (IH35), $2,927,000 and
$2,027,000 for water and wastewater (i.e. sanitary sewer) relocates respectively. The scope of
the original relocation project for water lines out of the TxDOT ROW between Bonnie Brae and
IH35 included: (1) Relocation of an existing 16" water line out of U.S. Hwy. 380 right of way
(ROW) between IH35 and the east side of IH35; (2) Two crossings of U.S. Hwy. 380 between
IH35 and Bonnie Brae and just east of Bonnie Brae with 12" diameter water lines; and (3)
Construction of an 8" diameter water line on the north side of U.S. Hwy. 380 along the frontage
of the existing Chevron Station. The scope of the original relocation project for wastewater lines
out of the TxDOT ROW between Bonnie Brae and IH35 and for extension of a relocated
wastewater interceptor east of Bonnie Brae to Cornell Street and south to connect to an existing
interceptor along Denton I.S.D. property (such extension is necessary to convey the projected
wastewater loading of the Development offsite) included: Upsizing of an existing 10" diameter
sanitary sewer line to 15" diameter and relocation out of the U.S. Hwy. 380 ROW from
approximately the west side of 2828 W. University Drive (U.S. Hwy. 380) east to Cornell Street
and south to connect to an existing interceptor along Denton I.S.D. property. Additional
upsizing of the sanitary sewer line from the planned size of 15" diameter to 18" and 21"
diameters is caused by the sanitary sewer loading resulting from
by the Development, and payment for such additional pipe sizes i the sole responsibility of the
Developer. The oversize participation agreement required for the sewer line east of Bonnie Brae
will be negotiated separately, and the actual relocation of this off-site sewer is not in the scope
of work of the Developer Agreement.
The Developer anticipates that the relocation of the water lines over the subject section of U.S.
Hwy. 380 will cost on the order of $1,000,000 based on bids they
work; however, some of the water lines they bid along the highway are required in order to serve
their development rather than strictly because of the widening of the roadway. The Citys share
for the relocations associated with the widening of the roadway is expected to not exceed
$500,000 plus 10% contingency initially, plus the total of all costs for City initiated field changes
during construction. The Developer anticipates that the relocation of the sewer lines over the
subject section of U.S. Hwy. 380 will cost on the order of $500,000 based on the bids they
received for the work; however, some of the sewer lines that are
been moved solely because of the highway widening but instead because of preferential changes
to the design of the roadway initiated by the Developer. The Citys share for the relocations
associated with the widening of the roadway is expected to not exceed $300,000 plus 10%
contingency initially, plus the total of all costs for City initiated field changes during
construction. The City will absorb the costs of inspection services for the water and wastewater
utility relocations. The Public Utility Board approved an expenditure total not to exceed
$800,000 for these relocations; however, the Developer has requested the contingency amounts
to account for bid fluctuations currently being seen with rising fuel prices.
No City funds will be contributed to or used by the Development for the relocation of utilities,
extensions of utilities, upsizing of utilities, relocation of utilities owned by entities other than the
City or any other utility work caused solely by or required for the Development. Bids will be
received by the Developer for the relocations of the water and wastewater utilities and will be
structured such that subtotals are shown separately for the water and wastewater utilities that the
City would have relocated in conjunction with the U.S. Hwy. 380 widening project. In the event
that the subtotals actually bid for the water and wastewater utilities are less than $500,000 and/or
$300,000 respectively, then the City will only participate by pr
that were received for these subtotals plus all costs incurred in connection with City Field
Changes. In the event that the subtotals actually bid are more than $500,000 plus 10%
contingency for water relocations and/or $300,000 plus 10% contingency for wastewater
relocations, then the City will have the option of either requesting a redesign per Citys input and
rebid of the project or limiting the Citys participation in the
and wastewater utilities to $500,000 plus 10% contingency and/or $300,000 plus 10%
contingency respectively plus all costs incurred for City Field Changes.
Developer shall request prior written approval for all field changes through the City. All such
changes caused by unforeseen conditions or changed site conditio
incurred by the City if the project had been designed and built per the Citys original schematic
design, as well as all changes to the project requested by the City for its benefit or TxDOTs
("City Field Changes"), shall be reimbursed to the Developer. Payment for all other changes will
be the sole responsibility of the Developer. Developer shall cause to be provided performance,
payment and maintenance bonds and the appropriate insurance for the work to be performed and
will carry the City and TxDOT, if necessary, as an Obligee or an additional insured, as
appropriate.
OPTIONS
1.Authorize the execution of the attached Development Agreement between the City of Denton
and ALLEGIANCE HILLVIEW, L.P., a New York limited partnership acting by and
through its general partner, TH GP LLC (d/b/a TH Denton GP LLC), a Delaware limited
liability company ("Developer") for securing the funding associated with the construction of
the widening of U.S. Highway 380 through the Rayzor Ranch Development, reimbursement
for third party inspection services for the highway construction and the expenditure of up to
$800,000 plus 10% contingency in utility funds for the relocation of water and wastewater
utilities between IH35 and Bonnie Brae Road. .
2.Reject the attached Development Agreement and provide staff with alternative direction.
RECOMMENDATION
Staff recommends execution of the attached Development Agreement between the City of
Denton and ALLEGIANCE HILLVIEW, L.P., a New York limited partnership for securing the
funding associated with the construction of the widening of U.S. Highway 380 through the
Rayzor Ranch Development, reimbursement for third party inspection services for the highway
construction and the expenditure of up to $800,000 in utility funds for the relocation of water and
wastewater utilities between IH35 and Bonnie Brae Road.
PRINCIPAL PLACE OF BUSINESS
Allegiance Hillview, L.P.
c/o Torreon Capital, L.P.
515 Congress Avenue, Suite 2525
Austin, Texas 78701
Attention: Rex M. Paine
ESTIMATED SCHEDULE OF PROJECT
It is anticipated that the Developer will commence construction of the project within ninety days
following the date of execution of the agreement.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
1.June 9, 2008 Expenditure of up to $800,000 in utility funds approved by Public Utility
Board by a vote of 4-0.
FISCAL INFORMATION
Funding for the utility relocations portion of this project will come from the following City of
Denton accounts:
Water Relocations 630043517.1365.40100
Wastewater Relocations 640035537.1365.40100
BID INFORMATION
Not applicable.
EXHIBITS
1.Project Location Map
2.Development Agreement
3.Ordinance
4.PUB Minutes
Respectfully submitted,
Frank G. Payne, P.E.
City Engineer
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER.
DEVELOPMENT AGREEMENT
FOR RAYZOR RANCH (U.S. 380)
This Development Agreement ("Agreement") is entered into by and
OF DENTON, a Texas municipal corporation of Denton County, Texas (hereinafter called the
"City") and ALLEGIANCE HILLVIEW, L.P., a New York limited partnership acting herein by
and through its general partner, TH GP LLC (d/b/a TH Denton GP LLC), a Delaware limited
liability company (hereinafter called "Developer").
W I T N E S S E T H:
WHEREAS, Developer owns a portion of 410 acres of property, more or less, situated
generally north and south of West University Drive/U.S. Highway 380, between IH-35 and
Bonnie Brae Street and zoned as the Rayzor Ranch Overlay District Classification ("Ordinance
2007-068") (such property also being described herein as the "Property"); and
WHEREAS, Developer wishes to develop the Property to include a wide variety of
commercial, retail, office, housing of various types, open space areas, and other uses pursuant to
Ordinance 2007-068, also to be known as the Rayzor Ranch Development (the "Development"
or "Rayzor Ranch"); and
WHEREAS, the Developer wishes to commit to certain improvements to public
infrastructure (as more fully specified herein) which are connec
Rayzor Ranch, which will involve the provision of expedited and special services from the City
of Denton; and
WHEREAS, the City has accommodated Developer by implementing la
development standards unique to this Development, designed to permit and promote the unique
design characteristics of the Development; City has further accommodated Developers
scheduling requests by expediting the Citys review and consideration of portions of the
Development as necessary to meet Developers schedule; and
WHEREAS, in consideration of the above accommodations, the risks associated with
consideration of the advancement of utility improvements in a piecemeal fashion and the
construction of the widening of U.S. Hwy. 380, the City wishes to formulate this Agreement to
ensure that Developer and its successors, assigns, agents and representatives, if any, carry out
Developers stated intention to provide utility relocations and extensions and improvements to
1
the aforementioned State highway, either for the Development as herein defined, or for any other
alternative use of the Property.
NOW THEREFORE, in consideration of the mutual covenants and obligations herein,
the parties agree as follows:
SECTION 1. DEVELOPER PARTICIPATION
The Developer agrees that the Property will be developed in acc
following terms and conditions:
A. Extensions and Relocations of City Owned Utilities Between IH35 and Bonnie
Brae. The Developer has agreed to advance and undertake the installation and relocation of all
utilities necessitated by the Development or impacted by the widening of U.S. Hwy 380, in
conjunction with the Developers widening of U.S. Hwy. 380 between IH35 and Bonnie Brae, as
more particularly shown on the plans entitled "U.S. Hwy. 380 Roadway & Utility Improvements
IH 35 to Bonnie Brae for Rayzor Ranch". The City of Denton Water Utilities Department
originally included a total of $4,954,000 in construction funds in its Capital Improvement
Program (CIP) for the relocation of water and wastewater lines in association with the Texas
Department of Transportation (TxDOT) widening of U.S. Hwy. 380 between Elm Street and
Interstate Highway 35 (IH35), $2,927,000 and $2,027,000 for water and wastewater (i.e. sanitary
sewer) relocates respectively. The scope of the original relocation project for water lines out of
the TxDOT ROW between Bonnie Brae and IH35 included: (1) Relocation of an existing 16"
water line out of U.S. Hwy. 380 right of way (ROW) between IH35 and the east side of IH35; (2)
Two crossings of U.S. Hwy. 380 between IH35 and Bonnie Brae and just east of Bonnie Brae
with 12" diameter water lines; and (3) Construction of an 8" diameter water line on the north side
of U.S. Hwy. 380 along the frontage of the existing Chevron Station. The scope of the original
relocation project for wastewater lines out of the TxDOT ROW between Bonnie Brae and IH35
and for extension of a relocated wastewater interceptor east of Bonnie Brae to Cornell Street and
south to connect to an existing interceptor along Denton I.S.D. property (such extension is
necessary to convey the projected wastewater loading of the Development offsite) included:
Upsizing of an existing 10" diameter sanitary sewer line to 15" diameter and relocation out of the
U.S. Hwy. 380 ROW from approximately the west side of 2828 W. University Drive (U.S. Hwy.
380) east to Cornell Street and south to connect to an existing interceptor along Denton I.S.D.
property. Additional upsizing of the sanitary sewer line from t
18" and 21" diameters is caused by the sanitary sewer loading resulting from the rezoned use of
the property by the Development, and payment for such additional the sole
responsibility of the Developer.
The City will contribute a total not to exceed the sum of $500,000 plus 10% contingency
plus the total of all costs for City Field Changes, as hereinaft
relocation and $300,000 plus 10% contingency plus the total of all costs for City Field Changes,
as hereinafter defined, for wastewater installation and relocation to the Development to be used
for the relocation of the referenced water and wastewater utilities. No City funds will be
contributed to or used by the Development for the relocation of utilities, extensions of utilities,
upsizing of utilities, relocation of utilities owned by entities other than the City or any other
utility work caused solely by or required for the Development. Bids will be received by the
2
Developer for the relocations of the water and wastewater utilit
that subtotals are shown separately for the water and wastewater utilities that the City would
have relocated in conjunction with the U.S. Hwy. 380 widening project. In the event that the
subtotals actually bid for the water and wastewater utilities are less than $500,000 and/or
$300,000 respectively, then the City will only participate by pr
that were received for these subtotals plus all costs incurred in connection with City Field
Changes. In the event that the subtotals actually bid are more than $500,000 plus 10%
contingency for water relocations and/or $300,000 plus 10% contingency for wastewater
relocations, then the City will have the option of either requesting a redesign per Citys input and
rebid of the project or limiting the Citys participation in the
and wastewater utilities to $500,000 plus 10% contingency and/or $300,000 plus 10%
contingency respectively plus all costs incurred for City Field Changes.
Developer shall provide separate monthly invoices to the City in writing by the 25th of
each month relative to all portions of the construction costs required for the relocation of the
water and wastewater utilities respectively. Upon confirmation by City personnel of actual work
completed on the relocation of each utility, the City shall endeavor to pay each such invoice out
of the funds on deposit in the accounts for each utility by the 15th of the following month.
The Developer shall submit all plans and specifications for this work to the City. Once
the plans and specifications for this work have been reviewed by the City and it is determined
that they are sufficient, the City will approve the plans (the "Approved Utility Plans") for the
beginning of work, pending receipt of all required permits. The Developer is solely responsible
for satisfying all requirements set forth to complete the work. Developer agrees that it will
perform the work in accordance with the Approved Utility Plans and to the standards and
satisfaction of City and TxDOT, if any TxDOT standards and specifications should apply.
Developer shall request prior written approval for all field changes through the City. All such
changes caused by unforeseen conditions or changed site conditio
incurred by the City if the project had been designed and built per the Citys original schematic
design, as well as all changes to the project requested by the City for its benefit or TxDOTs
("City Field Changes"), shall be reimbursed to the Developer. Payment for all other changes will
be the sole responsibility of the Developer. Developer agrees that it shall cause to be provided
performance, payment and maintenance bonds and the appropriate insurance for the work to be
performed and will carry the City and TxDOT, if necessary, as an Obligee or an additional
insured, as appropriate.
B. Widening of U.S. Hwy. 380. TxDOT has been working towards the widening of
U.S. Hwy. 380 between Elm Street and IH35, publishing plans adequate for utility relocations
(65% complete) in November 2006. The Developer has offered to reconstruct this roadway
along the extents of the Development, between IH35 and Bonnie Brae, increasing the Right of
Way ("ROW") width in conjunction with the Development. The Developer will be solely
responsible for all costs associated with the reconstruction of U.S. Hwy. 380 over the stated
extents, including all ancillary construction caused by or instituted as a result of the Developers
reconstruction of U.S. Hwy. 380 (excluding the costs to be reimbursed by the City to the
Developer pursuant to Section 1.A. hereof) and agrees to deposit supplemental funding to secure
such increases due to project delays or cost increases in materials and labor. The Developer will
be required to receive a permit from TxDOT through the City for this construction. The
3
Developer shall submit all plans and specifications for this work to the City. Once the plans and
specifications for this work have been reviewed by the City and
sufficient for submission to TxDOT, the City will forward the p
TxDOT for approval. Upon such approval, such plans and specifications shall be referred to as
the "Approved Roadway Plans." The Developer is solely responsible for satisfying all
requirements set forth by TxDOT in order for the permit to be issued and for the work to
commence. Developer agrees that it will perform the work in accordance with the Approved
Roadway Plans and to the standards and satisfaction of the City and TxDOT. Developer agrees
that it shall cause to be provided performance, payment and maintenance bonds and the
appropriate insurance for the work to be performed and will carry the City and TxDOT as an
Obligee or an additional insured, as appropriate. Inasmuch as the City will be the entity
receiving the permit and responsible for the proper construction of the project in accordance with
TxDOT standards and inasmuch as the Developer has asked that this project be advanced in an
expedited fashion, the City has contracted with an outside consultant for review of the plans and
specifications, construction administration, representation and material testing services in the
amount of $456,618. The services of the Citys outside consultant are solely related to the
highway widening work and not with the utility relocation work described herein above. The
outside consultant will act as an agent of the City, reporting to the Inspections Manager of the
Utility and CIP Engineering division of Water Utilities. The Developer will provide funding for
a total of $456,618 with the City prior to beginning work on the widening of the roadway;
however, the Developer will increase this funding as required during the construction project in
order to reimburse the City for actual costs for such services, including amounts for additional
services required by changed site conditions, contractor initiated change orders or delays in
project duration beyond the one-year projected construction period.
C. Three-Way Contracts. The Developer will enter into three-way contracts with the
City for those items which are discussed in Section 1, paragraphs A and B of this Agreement.
Inspections fees for the City of Denton are normally set at 3.5% of public works construction
costs. The inspection services for the Extensions and Relocations of City Owned Utilities shall
be performed by the Utility and CIP Engineering division of Water Utilities, and the fee for these
services shall be absorbed by the City up to a maximum of 3.5% of the amount agreed to for the
construction of those facilities as described in Section 1, paragraph A, plus the City Field
Changes. In the event that the actual expenditures for these inspection services exceed 3.5% of
the amount agreed to for the construction of those facilities as described in Section 1, Paragraph
A, plus the City Field Changes, including the effort to manage and coordinate the activities of
the outside consultant discussed in Section 1, paragraph B above, the Developer agrees to deposit
additional funds with the City within fifteen (15) days from receipt of written notice for the
continued provision of these services prior to proceeding with construction. The inspection fees
for the Widening of U.S. Hwy. 380 shall be as set forth in Section 1, paragraph B.
SECTION 2. DELAYS AND FORCE MAJEURE
It is expressly understood and agreed by the parties to this Agreement that if the
substantial completion of the construction of any improvements contemplated hereunder is
delayed by reason of war, civil commotion, acts of God, inclement weather, governmental
restrictions, regulations, or interferences, delays caused by the franchised utilities (Denton
Municipal Electric, CoServ, Southwestern Bell Telephone, Atmos Energy, Charter Cable,
4
Verizon or any of their predecessors or successors or other utilities, or any of their contractors),
fire or other casualty, court injunction, necessary condemnation proceedings, acts of the other
party, its affiliates/ related entities, and/or their contractors, or any circumstances which are
reasonably beyond the control of the party obligated or permitted under the terms of this
Agreement to do or perform the same, regardless of whether any such circumstance is similar to
any of those enumerated or not, the party so obligated or permitted shall be excused from doing
or performing the same during such period of delay, so that the time period applicable to such
design or construction requirement shall be extended for a period of time equal to the period such
party was delayed. The obligations subject to enlargement of time without penalty do not
include funding obligations or obligations delayed for financial reasons. Developer understands
that the enlargement of time is the only relief to which it may
under this Agreement and that the right to any additional funding, compensation or damages,
consequential or others, is hereby waived and released.
SECTION 3. TERM
The term of this Agreement shall begin on the date of execution, and end upon the
complete performance of all obligations and conditions precedent
Agreement. Developers obligations shall be binding upon subsequent primary developers of the
entire portion of the Property along U.S. Highway 380 (but not on individual lot purchasers)
and/or the Developers successors, assigns, agents or representatives, until all obligations of the
Developer are satisfied in full.
SECTION 4. CONSTRUCTION AGREEMENTS AND DOCUMENTS
Developer shall deliver a copy of all construction agreements and contract documents
that it awards for the completion and/or performance of the work contemplated under this
Agreement. Developer shall incorporate the provisions of this Agreement into the provisions of
all construction agreements and contract documents as may be req
obligations under the terms of this Agreement. Developer shall require as part of each
construction agreement and contract document protection of the City against any liability that
may arise from the work contemplated by this Agreement, to include but not limited to bonds,
insurance and appropriate indemnity language. Developer will be required to provide a
maintenance bond or warranty for the work contemplated under thi
(2) years from the date of final completion. A copy of all bonds shall be provided to the City as
part of the construction agreement and contract documents. Deve
deliver a copy of the insurance declaration along with adequate information to contact the insurer
to verify that the City is named as an additional insured.
SECTION 5. INDEMNIFICATION
DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS THE CITY,
MEMBERS OF THE CITY COUNCIL, AND ITS OFFICERS, EMPLOYEES, AGENTS
REPRESENTATIVES AND CONSULTANTS (EACH PERSON DESCRIBED HEREIN
CALLED AN "INDEMNIFIED PARTY" AND COLLECTIVELY, THE "INDEMNIFIED
PARTIES") AGAINST ANY AND ALL INDEMNIFIED LIABILITIES SUBJECT TO
RESTRICTIONS IN THIS SECTION 5. IF AN INDEMNIFIED PARTY INCURS ANY
5
INDEMNIFIED LIABILITIES, THE DEVELOPER SHALL FULLY REIMBURSE SUCH
INDEMNIFIED PARTY FOR ALL SUCH INDEMNIFIED LIABILITIES INCURRED.
HOWEVER, THE DEVELOPER WILL NOT BE REQUIRED TO INDEMNIFY AND/OR
HOLD HARMLESS ANY INDEMNIFIED PARTY FOR ANY LOSSES OR INDEMNIFIE
LIABILITIES THAT RESULT FROM THE INDEMNIFIED PARTYS SOLE NEGLIGENCE,
INTENTIONAL MISCONDUCT OR KNOWING VIOLATION OF THE LAW. TO THE
EXTENT APPLICABLE, THE DEVELOPER SHALL BE SUBROGATED TO ANY CLAIMS
OR RIGHTS OF THE INDEMNIFIED PARTIES AS AGAINST ANY OTHER PERSON (BUT
NOT AN INDEMNIFIED PARTY) WITH RESPECT TO INDEMNIFIED LIABILITIE
BY THE DEVELOPER. FOR PURPOSES OF THIS SECTION 5, "INDEMNIFIED
LIABILITIES" SHALL BE DEFINED TO INCLUDE ALL LOSSES INCURRED BY ANY OF
THE INDEMNIFIED PARTIES THAT ARE RELATED TO, ARISE OUT OF OR ARE
ASSOCIATED WITH: (1) THE CONSTRUCTION OF THE WORK THAT IS
CONTEMPLATED BY THIS AGREEMENT; (2) ANY BREACH OF OR INACCURACY IN
ANY REPRESENTATION OR WARRANTY MADE BY THE DEVELOPER, ITS GENERAL
PARTNER, OR PARTIES UNDER ITS CONTROL; (3) ANY BREACH OR NON-
PERFORMANCE, PARTIAL OR TOTAL, BY DEVELOPER AND ITS GENERAL
PARTNER OF ANY COVENANT OR AGREEMENT OF THE DEVELOPER CONTAINED
IN THIS AGREEMENT OR ANY AGREEMENT ASSOCIATED WITH THE
DEVELOPMENT OF RAYZOR RANCH TO WHICH THE DEVELOPER, OR ANY
PREDECESSOR OR SUCCESSOR DEVELOPER, REPRESENTATIVES, AGENTS OR
ASSIGNS ARE A PARTY OR PARTIES; (4) ANY CONDITION CREATED IN OR ABOUT
THE SITE OF THE WORK CONTEMPLATED BY THIS AGREEMENT; AND (5) ANY
ACCIDENT, INJURY OR PROPERTY DAMAGE WHATSOEVER OCCURRING IN, AT OR
UPON THE SITE OF THE WORK CONTEMPLATED BY THIS AGREEMENT.
SECTION 6. EVENTS OF DEFAULT
A default shall exist if the Developer or City fail to perform or observe any material
covenant contained in this Agreement. The non-defaulting party shall immediately notify the
defaulting party in writing upon becoming aware of any change in
or event which would constitute a default or, with the giving of notice or passage of time, or
both, would constitute a default under this Agreement. Such noti
the period of existence thereof and what action, if any, the notifying party requires or proposes to
require with respect to curing the default. If this Agreement has been partially or wholly
assigned by Developer to a Permitted Assignee (defined below), a
defaults hereunder, then City shall also concurrently with its notice to the defaulting Permitted
Assignee, notify Developer, and Developer within five (5) business days of such notice may
apply to the City to be reinstated as the Developer hereunder, and if approved by the City which
shall have sole discretion in making this decision, this Agreement shall be deemed to be re-
assigned to Developer for all purposes. However, the City is under no obligation to approve
Developers reinstatement.
SECTION 7. REMEDIES
A. If a default other than failure to make payment to contractors, subcontractors or
suppliers shall occur and continue, after thirty (30) days advance written notice to cure default
6
(provided, however, such thirty (30) day periodshall be extended if Developer has satisfied the
City of its good faith efforts to cure such failure within such thirty (30) day cure period and is
diligently pursuing such cure to completion, for a period not to exceed a total of ninety (90)
days), City may, at its sole option, terminate this Agreement in accordance with Texas law,
without the necessity of further notice to or demand upon the Developer and full funding of the
improvements and contract listed under Section 1, paragraph B, shall become due and payable by
the Developer. The City, may at its sole option provide written notice to the surety bond
company or lending institution and make written demand upon the
institution to provide the funds relating to the bond in order for City to either finish those
portions of the project underway up to the point of default or to pay unpaid bills. The City may
also at its sole option, draw the full amount of the Construction Letter of Credit to complete the
remaining portions of the project, including any administrative or other costs incurred by the
City. All funds received by the City shall be used solely for the purpose of completing the
improvements required to be completed by Developer pursuant to this Agreement, and if any
funds are remaining after all such improvements to be completed by Developer pursuant to this
Agreement have been completed by the City, such remaining funds shall be returned to
Developer. These agreements regarding (i) circumstances of making draws on the Construction
Letter of Credit and (ii) use of funds after draws on the Construction Letter of Credit are between
City and Developer only, and are not a part of the Construction Letter of Credit, and the only
requirements for draws on the Construction Letter of Credit between City and the issuer of the
Construction Letter of Credit are the terms contained in the Construction Letter of Credit.
B. All Developers warranty and indemnification obligations shall s
termination or assignment unless Developer is released. Nothing in this Section shall be
construed to waive any sovereign, governmental immunity available to City under Texas law.
Nothing in this Section shall be construed as a waiver or release of any right, remedy or cause of
action that is available to the City under or as a result of this Agreement, in equity or at law.
SECTION 8.VENUE AND GOVERNING LAW
THIS AGREEMENT SHALL BE INTERPRETED AND THE RIGHTS OF THE
PARTIES DETERMINED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES
APPLICABLE THERETO AND THE LAWS OF THE STATE OF TEXAS APPLICABLE
AN AGREEMENT EXECUTED, DELIVERED AND PERFORMED IN THE STATE OF
TEXAS. This Agreement is performable in Denton County, Texas, and venue of any action
arising out of this Agreement shall be exclusively in the state district courts of Denton County,
Texas.
SECTION 9. NOTICES
Any notice required by this Agreement shall be deemed to be properly served if deposited
in the U.S. Mail by certified letter, return receipt requested, addressed to the recipient at the
recipients address shown below, subject to the right of either party to designate a different
address by notice given in the manner just described.
7
If intended for City, to: If intended for the Developer, to:
George C. Campbell Fortress Investment Group, L.L.C.
City Manager 5221 N. OConnor Blvd., Suite 700
City Hall Irving, Texas 75039
215 E. McKinney Attention: Andrew Osborne
Denton, Texas 76201 Phone: (972) 532-4335
Fax: (214) 260-0938
With copies to:
Allegiance Hillview, L.P.
c/o Torreon Capital, L.P.
515 Congress Avenue, Suite 2525
Austin, Texas 78701
Attention: Rex M. Paine
Phone: (512) 472-6777
Fax: (512) 472-6731
Brown McCarroll, L.L.P.
111 Congress Avenue, Suite 1400
Austin, Texas 78701
Attention: Robert L. Davis
Phone: (512) 479-9706
Fax: (512) 479-1101
SECTION 10.GIFT TO PUBLIC SERVANT
A. City may, at its sole option and discretion, terminate this Contract immediately if the
Developer has offered, conferred or agreed to confer any benefit
or official that the City employee or official is prohibited by law from accepting.
B. For purposes of this Article, "benefit" means anything reasonably regarded as pecuniary
gain or pecuniary advantage, including benefit to any other person in whose welfare the
beneficiary has a direct or substantial interest, but does not include a contribution or
expenditure made and reported in accordance with law.
C. Notwithstanding any other legal remedies, City may require the Developer to remove any
employee of the Developer from the Project who has violated the restrictions of this
Article or any similar state or federal law, and obtain reimbursement for any expenditures
made to the Developer as a result of the improper offer, agreement to confer, or
conferring of a benefit to a City employee or official.
SECTION 11. APPLICABLE LAWS
This Agreement is made subject to the provisions of the Charter and ordinances of City,
as amended, and all applicable state and federal laws. All work to be performed under this
8
Agreement shall be in accordance will all applicable laws, including without limitation all
applicable licenses, permits, building codes, restrictive covenants, zoning and subdivision
ordinances and flood disaster, environmental laws, the Americans with Disabilities Act, all local
ordinances, and state laws.
SECTION 12.LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this Agreement shall be
considered as if such invalid, illegal, or unenforceable provision had never been contained in this
Agreement. The election of the City to not exercise a right or seek a remedy at a particular time
shall not be construed as a waiver or release of the Citys rights, remedies, or causes of action
under this Agreement or those that are available at law or in equity.
SECTION 13. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original and constitute one and the same instrument.
SECTION 14. CAPTIONS
The captions to the various clauses of this Agreement are for informational purposes only
and shall not alter the substance of the terms and conditions of this Agreement.
SECTION 15. SUCCESSORS AND ASSIGNS
The terms and conditions of this Agreement are binding upon the
of the parties to this Agreement until satisfied in full, regard
developed as the Development, or as any other alternative use. With the Citys prior written
approval of the action and the assignee, which shall not be unreasonably withheld, Developer
may assign, in whole or in part, this Agreement to an affiliate of Developer, or a successor owner
of the Property, (a "Permitted Assignee") at any time during the term hereof. Developer shall be
released from all liability hereunder to the extent of such assignment to a Permitted Assignee and
City shall correlatively be released from all liabilities and obligations to the Developer/Assignor,
to the extent of such assignment. A Permitted Assignee will be required to assume all legal and
financial obligations of the Developer, including but not limited to the terms of this Development
Agreement, and to demonstrate same to the satisfaction of the City, including, but not limited to,
furnishing proof of Permitted Assignees financial status and documenting that all bills are paid
and all liens are released on all work completed up to the time
approval of the assignment. In lieu of receipt of such written approval from the City, Developer
retains full legal and financial responsiblility and all associated liability associated with this
Agreement.
SECTION 16. NO THIRD-PARTY BENEFICIARIES OR JOINT VENTURE
The City and Developer intend that this Agreement shall inure on
not benefit or create any right or cause of action in or on beha
9
individual or entity other than the City and Developer or any of
right arises from an indemnification or hold harmless obligation
proper indemnitee.
Nothing contained in this Agreement or any ancillary document created as part of this
Agreement is intended to create a partnership or joint venture b
any implication to the contrary is expressly disavowed. It is u
create a joint enterprise, nor does it appoint either party as a
whatsoever. Neither party shall in any way assume any liability
obligations of the other unless specifically set forth in this A
SECTION 17. TIME IS OF THE ESSENCE; COMMENCEMENT; FUNDING
AND
SECURITY
Developer understands and agrees that time is of the essence in
accordingly agrees to move forward with beginning construction o
herein not later than one hundred twenty (120) calendar days aft
Failure to begin the project as stated will be regarded as a bre
times adequate funding or security for completion of its obligat
supplementing as necessary to assure adequate funding for Developers remaining obligations under
the Agreement, including increases necessitated by changing cost
as well as increases in construction costs caused by Developers failure to timely commence the
project or pursue it to completion in a timely manner. Unless otherwise specified, all time periods
are expressed in calendar days.
SECTION 18. ENTIRE AGREEMENT
This Agreement embodies the complete agreement of the parties hereto, superseding all
oral or written previous and contemporary agreements between the parties relating to matters
contained in this Agreement and, except as otherwise provided in this Agreement, cannot be
modified without written agreement of the parties to be attached to and made a part of this
Agreement. The exhibits to Denton Ordinance 2007-068 referenced in this Agreement are
incorporated by reference as if set forth fully herein, and shall remain component parts of this
Agreement even in the event that Ordinance 2007-068 is amended, superseded or repealed. The
scope of this Agreement is limited to the specific funding obligations of the Developer set forth
in Section 1. The parties stipulate that this Agreement does not satisfy any other development
obligation under law or City ordinances; particularly, it does not satisfy any applicable impact
fee requirements or development exactions to construct required public infrastructure
improvements, including those associated with transportation, storm sewer, water, sanitary
sewer, or utilities. The parties further stipulate that with respect to the limited scope of this
agreement, the funds provided are not disproportionate to the burdens of the development. The
parties stipulate that this Agreement does not constitute a perm
245 of the Texas Local Government Code.
10
SECTION 19. COMMENCEMENT OF AGREEMENT, INITIAL FUNDING AND
PERFORMANCE BOND
A. Developer shall, not later than ninety (90) days from the dat
Agreement by both parties, deposit with City funding for the widening of U.S. Highway 380,
which may take the form of the following irrevocable letters of credit (the "Letters of Credit"):
(1) An irrevocable letter of credit to secure the construction obligations of
Developer under this Agreement, in an amount equal to the construction related funding
required to be provided by Developer to the City pursuant to this Agreement, issued by
Wells Fargo Bank, N.A., a California Corporation, at 601 West University Drive,
Denton, Texas 76201, or any other bank approved by City in City's sole discretion (an
"Approved Bank") and in all other respects materially in the form and on the terms
attached hereto as Exhibit A, or such other form and terms as may be approved by the
City in its sole discretion, together with such supplemental funding as needed for cost
increases (the "Construction Letter of Credit"). The City shall be entitled to draw on the
Construction Letter of Credit as set forth in Section 7 hereof; and
(2) An irrevocable letter of credit in the amount of $456,618.00 from an
Approved Bank, and in all other respects in the form and on the terms as the letter of
credit attached hereto as Exhibit B, or such other form and terms as may be approved by
the City in its sole discretion, together with such supplemental funding as needed for cost
increases (the "Consultant Letter of Credit"). The City shall be authorized to make draws
on the Consultant Letter of Credit for the sole purpose of providing payments to the
City's outside consultant pursuant to Section 1.B hereof.
The City agrees that any funding related to the construction obligations of Developer under this
Agreement, including the Construction Letter of Credit, shall be reduced, each time a payment is
made by Developer for construction for which Developer is obligated to make payment under
this Agreement, based on evidence of payment submitted to and approved by the City. If a
Construction Letter of Credit is deposited, the City agrees that it will send a statement to the
issuer of the Construction Letter of Credit, upon approval by the City of a payment having been
paid by the Developer, as required by the Construction Letter of Credit to authorize a reduction
of the Construction Letter of Credit for the amount paid by the Developer and approved by the
City.
In addition to the Letters of Credit, Developer shall, at the sa
Credit, deliver to the City a performance bond in the amount of $500,000.00, which may be
drawn upon to ocver administrative and bidding expenses incurred by the city, in the event that
construction of the improvements to be constructed by Developer herenunder shall cease, after
construction has commenced, and the City is required to take ove
improvements.
B. Notwithstanding anything herein to the contrary, Developer shall provide
evidence, to the satisfaction of the City, that the development on the south side of U.S. Hwy. 380
will proceed as planned, and deposit with the City the required funding for the widening of U.S.
Highway 380. If Developer shall fail to provide such funding and assurances within ninety (90)
11
calendar days of the execution of this Agreement, this Agreement shall terminate and be of no
further force and effect, unless it is extended in writing by both parties hereto, whereupon, the
City and State may elect to construct the widening of U.S. Hwy. 380 and the associated utility
relocations as originally envisioned.
EXECUTED this ____ day of ______________, 2008, by the City, signing by and
through its City Manager, duly authorized to executed same by Resolution No. _______,
approved by the City Council on ___________, 2008, and by the Developer, acting through its
duly authorized officers.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
12
APPROVED AS TO FORM: CITY OF DENTON
EDWIN M. SNYDER George C. Campbell
City Attorney City Manager
BY: BY:
City Attorney City Manager
ALLEGIANCE HILLVIEW, L.P.,
a New York limited partnership
By: TH GP LLC (d/b/a TH Denton GP
LLC), a Delaware limited liability
company, its general partner
By:
13
ACKNOWLEDGEMENTS
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me, the undersigned authority on this the ____
day of ____________________, 2008, by George C. Campbell, City M
Denton, Texas, a Municipal Corporation, on behalf of the same.
Notary Public in and for the State of Texas
THE STATE OF TEXAS §
§.
COUNTY OF DENTON §
This instrument was acknowledged before me, the undersigned authority on this _____
day of ___________________, 2008, by ______________, Manager of Allegiance Hillview
Management, LLC, on behalf of same.
Notary Public in and for the State of Texas
14
EXHIBIT A
15
ISLC
RREVOCABLE TANDBY ETTER OF REDIT
[ Date ]
[ Name of Issuing Bank, Address and Other Identification ]
SC
TANDBY REDIT
RN._______
EFERENCE O
To: City of Denton
City Hall
215 E. McKinney
Denton, Texas 76201
Attn: George Campbell, City Manager
ADDUTCMBM:
LL RAFTS RAWN NDER HIS REDIT UST E ARKED
Drawn Under Letter of Credit No. [ insert No. ]
By the order of Allegiance Hillview, L.P., we hereby issue in favor of the City of Denton, Texas
( Beneficiary ) our irrevocable credit for the account of Allegiance Hillview, L.P., for an
amount or amounts not to exceed in the aggregate _______________
($_________.00) United States Dollars available by your drafts at sight on the [ name of issuing
bank and address ] U.S.A., effective from ___________ and expiring at our office at the close of
business on [ insert date ] for use in accordance with the terms and conditions below.
Funds under this credit are available against your draft(s) marked with our credit number as
shown above.
The documents specified below must be presented at sight on or before the expiry date in
accordance with the terms and conditions of this letter of credit:
Performance Deficiency If there is a default by Allegiance Hillview, L.P. under the
conditions of the Development Agreement (U.S. 380) entered into between Allegiance Hillview,
L.P. and Beneficiary dated _____________ (the "Contract"), other than non-payment of
contractors, subcontractors or suppliers, the Beneficiary shall:
1) provide an affidavit executed by the Beneficiary or its designated representative
which states: In accordance with terms of the Contract, we certify that Allegiance Hillview,
L.P. has defaulted and that notice has been provided to Allegian
and conditions of the Contract and Allegiance Hillview, L.P. has failed to cure its default in the
time allotted under the Contract. We further certify that Allegiance Hillview, L.P. has been
notified of our intent to draw under the credit. ; and
16
2) provide a copy of the written notification that was served on Allegiance Hillview,
L.P. as required under the terms and conditions of the Contract referenced in the Affidavit.
Reduction This credit shall be reduced as follows: Upon receipt of written notification,
executed by the Beneficiary or its designated representative, that states: "In accordance with
terms of the Contract, we certify that Allegiance Hillview, L.P. is entitled to a reduction of the
credit in the amount of $__________." This credit shall be reduced by the amount stated in such
notice.
We engage with you that drafts drawn under and in conformity with the terms of this credit will
be duly honored on presentation if presented to us at our office at the address shown above on or
before the expiry date. If the draft is less than the amount of the Letter of Credit, the documents
required under this credit and this original letter of credit must accompany the draft for
endorsement of the amount paid. If the draft is for the full amount, the documents required
under this credit must accompany the draft and The Letter of Credit must be surrendered to us.
In no event shall the Letter of Credit be terminated prior to [insert date which is 6 months after
the Scheduled Date for Substantial Completion or the one year warranty period whichever is
later].
Unless the undersigned elects not to renew this Letter of Credit as provided below, this Letter of
Credit shall automatically renew for one year periods commencing on the initial expiration date
and continuing on each succeeding expiration date. In the event that the undersigned elects not
to renew this Letter of Credit, it agrees to give written notice
return receipt requested, and postmarked no less than 45 days prior to the expiration of the initial
term or any renewed terms, as the case may be. Upon receipt of said notice, Beneficiary may at
any time prior to the expiration of this Letter of Credit, present a draft in an amount equal to
either i) the remaining amount of the Letter of Credit or; ii) 150% of the unpaid Contract
Amount, whichever is less, without the necessity of meeting the requirement of 1 and 2 above.
Failure to give such notice will cause this Letter of Credit to
additional one year period.
The credit is subject to the uniform customs and practice for do
Revision), International Chamber of Commerce Publication 500 [ or other appropriate
revision ].
Please address all correspondence regarding this letter of credit to the attention of our Letter of
Credit Department, at the address shown above mentioning our reference number as it appears
above.
Sincerely,
[ Signature ]
17
ISLC
RREVOCABLE TANDBY ETTER OF REDIT
[ Date ]
[ Name of Issuing Bank, Address and Other Identification ]
SC
TANDBY REDIT
RN._______
EFERENCE O
To: City of Denton
City Hall
215 E. McKinney
Denton, Texas 76201
Attn: George Campbell, City Manager
ADDUTCMBM:
LL RAFTS RAWN NDER HIS REDIT UST E ARKED
Drawn Under Letter of Credit No. [ insert No. ]
By the order of Allegiance Hillview, L.P., we hereby issue in favor of the City of Denton, Texas
( Beneficiary ) our irrevocable credit for the account of Allegiance Hillview, L.P., for an
amount or amounts not to exceed in the aggregate Four Hundred Fifty-Six Thousand Six
Hundred Eighteen and No/100 Dollars ($456,618.00) United States Dollars available by your
drafts at sight on the [ name of issuing bank and address ] U.S.A., effective from ___________
and expiring at our office at the close of business on [ insert date ] for use in accordance with the
terms and conditions below.
Funds under this credit are available against your draft(s) marked with our credit number as
shown above.
The Beneficiary shall provide an affidavit executed by Beneficiary or its designated
representative which states:
"In accordance with the Development Agreement (U.S. 380) between
and Allegiance Hillview, L.P., dated ________________ (the "Contract"), we
certify that the attached Payment Application from Beneficiary's consultant is due
and payable. We further certify that Allegiance Hillview, L.P. has been notified
of our intent to draw under credit."
We engage with you that drafts drawn under and in conformity with the terms of this credit will
be duly honored on presentation if presented to us at our office at the address shown above on or
before the expiry date. If the draft is less than the amount of the Letter of Credit, the documents
18
required under this credit and this original letter of credit must accompany the draft for
endorsement of the amount paid. If the draft is for the full amount, the documents required
under this credit must accompany the draft and The Letter of Credit must be surrendered to us.
In no event shall the Letter of Credit be terminated prior to [insert date which is 6 months after
the Scheduled Date for Substantial Completion or the one year warranty period whichever is
later].
Unless the undersigned elects not to renew this Letter of Credit as provided below, this Letter of
Credit shall automatically renew for one year periods commencing on the initial expiration date
and continuing on each succeeding expiration date. In the event that the undersigned elects not
to renew this Letter of Credit, it agrees to give written notice of such election by certified mail,
return receipt requested, and postmarked no less than 45 days prior to the expiration of the initial
term or any renewed terms, as the case may be. Upon receipt of said notice, Beneficiary may at
any time prior to the expiration of this Letter of Credit, present a draft in an amount equal to
either i) the remaining amount of the Letter of Credit or; ii) 150% of the unpaid Contract
Amount, whichever is less, without the necessity of meeting the requirement of 1 and 2 above.
Failure to give such notice will cause this Letter of Credit to
additional one year period.
The credit is subject to the uniform customs and practice for do
Revision), International Chamber of Commerce Publication 500 [ or other appropriate
revision ].
Please address all correspondence regarding this letter of credit to the attention of our Letter of
Credit Department, at the address shown above mentioning our reference number as it appears
above.
Sincerely,
[ Signature ]
19
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 June 9, 2008
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
7 Monday, June 9, 2008 at 9:03 a.m. in the Service Center Training Room, City of Denton Service
8 Center, 901-A Texas Street, Denton.
9
10 Present: Chair Charldean Newell, Bill Cheek, Randy Robinson and Bill Grub
11
12 Ex Officio Members:
13 George C. Campbell, City Manager
14 Howard Martin, ACM Utilities
15
16 Absent: Dick Smith, John Baines and Phil Gallivan, all excused
17
18 Chair Newell stated that in consideration of representatives from the Rayzor Development,
19 Item 8 would be considered at this time.
20
21 8) Consider approval of the use of water and wastewater utility funds in conjunction with a
22 Development Agreement for Rayzor Ranch between the City of Denton and ALLEGIANCE
23 HILLVIEW, L.P., a New York limited partnership, for water and sewer relocations
24 associated with the widening of U.S. Highway 380 in an amount not to exceed $800,000.
25
26 Howard Martin, ACM Utilities, called on Frank Payne, City Engineer, to present. Payne stated
27 this item is requesting permission to use $800,000 of utility funds to advance the construction of
28 the utility relocates on U.S. 380 between IH-35 and Bonnie Brae. This is a project which has
29 been programmed into the CIP for some time. Rayzor Ranch decided it wanted to widen the
30 roadway in front of the development and, in order to widen the roadway and have it complete
31 when the development opens up, the first thing to be done would be to relocate the utilities.
32 Rayzor advanced the design which is now in for permit by TxDOT.
33
34 Payne stated that there is the three part agreement which staff will take to the City Council. One
35 item is that the developer will widen 380 and, since the City will permit through TxDOT, Rayzor
36 will have funding in place in the unlikely event that they default or, for whatever reason, it goes
37 off track, the project can be completed. Second, since the City does not typically inspect TxDOT
38 roadways, the City has received a proposal from a local firm, Teague Nall & Perkins, to do the
39 inspection, which will be a full time on-site inspection. Payne pointed out that the City will be
40 reimbursed for that cost. The third item is the utility relocation. Because of the way Rayzor
41 Ranch has structured the roadway, the City will have to move sewer lines. The $800,000 is an
42 allowance of $500,000 for water and $300,000 for wastewater.
43
44 Board Member Grubbs asked for a timeline. Payne asked the Rayzor representatives, Charles
45 Hodges to respond to that question. Hodges replied the anticipated schedule will be to start the
46 utility relocation in about 90 days. The duration will vary, but the overall roadway project
47 should take somewhere between twelve and fourteen months.
48
49 Board Member Robinson asked if the project was from U.S. 380 to Elm Street. Payne
50 replied that was correct.
Draft Minutes of the Public Utilities Board meeting
June 9, 2008
Page 2 of 2
1 Board Member Bill Grubbs moved to approve with a second from Board Member Randy
2 Robinson. The motion was approved by a 4-0 vote.
3
4 The meeting was adjourned by consensus at 11:00 a.m.
5
AGENDA INFORMATION SHEET
AGENDA DATE: June 17, 2008
DEPARTMENT: Utilities
UTILITIES ACM: Howard Martin, 349-8232
________________________________________________________________
SUBJECT
Consider approval of an ordinance approving a development agreement for rayzor ranch (dme
site) by and between the City of Denton, Texas and Allegiance Hillview, L.P., a New York
limited partnership, acting by and through its general partner, TH GP, LLC (d/b/a TH Denton
GP, LLC), a Delaware limited liability company (hereinafter called developer ) providing for
the developers conveyance of a certain two acre tract of land to the city in order for the city to
provide an electric substation to serve the development; and the citys acquisition of easements
and the relocation of existing electric transmission lines as are necessary for the city to construct
a certain right turn only lane together with other matters; and providing an effective date. The
Public Utilities Board recommends approval (4-0).
BACKGROUND
Denton Municipal Electric (DME) must have a new substation in order to provide electric power
to the proposed Rayzor Ranch development. Several changes to the Hickory Substation to North
Lakes Substation transmission line are required to support street construction for the Rayzor
Ranch development. A proposed agreement has been worked out with the developer whereby
DME and the city accept financial and construction responsibilities for certain transmission line
and street items in return for Rayzor Ranch providing a $25,000 contribution toward the street
construction cost and also providing a two (2) acre substation site and an access/utility/drainage
easement immediately north of the substation site at no cost to the city. There are other details to
the agreement defining responsibilities of the parties. The agreement is attached as Exhibit 1.
Exhibit 2 contains maps showing locations.
OPTIONS
1.Recommend approval of the proposed agreement.
2.Do not recommend approval of the proposed agreement and instruct other actions to be
taken.
RECOMMENDATION
DME recommends approval of the proposed Development Agreement.
ESTIMATED SCHEDULE OF PROJECT
Construction of the substation and transmission line is scheduled for completion within two (2)
years of the approval of the agreement and transfer of the substation site. Street construction will
be accomplished when required by the city.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The PUB recommended approval of the agreement on June 9, 2008 (4
FISCAL INFORMATION
The work for the transmission line, which is where the cost for the agreement will be incurred,
will be charged to the DME project for the reconstruction of the
Street to US 380 (Project #600775489).
BID INFORMATION
This was not a bid item.
EXHIBITS
1.Proposed Rayzor Ranch Development Agreement
2.Location Maps
3.Ordinance
4.PUB Meeting Minutes
Respectfully submitted:
Phil Williams
General Manager of Electric Utilities
Denton Municipal Electric
Prepared by:
Chuck Sears
Engineering Division Manager
Denton Municipal Electric
Bonnie Brae Substation
Rebuild 69kV Line (1.21 mi)
Industrial Sub
Woodrow Sub
Spencer Switch
Teasley Sub
Denton Municipal Electric
Project Locations for
Rayzor Ranch Development Agreement
Exhibit 2A
ORDINANCE NO. 2008- _______
AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT FOR RAYZOR RANCH
(DME SITE) BY AND BETWEEN THE CITY OF DENTON, TEXAS AND ALLEGIANCE
HILLVIEW, L.P., A NEW YORK LIMITED PARTNERSHIP, ACTING BY AND THROUGH
ITS GENERAL PARTNER, TH GP, LLC (D/B/A TH DENTON GP, LLC), A DEL
LIMITED LIABILITY COMPANY (HEREINAFTER CALLED DEVELOPER )
PROVIDING FOR THE DEVELOPERS CONVEYANCE OF A CERTAIN TWO ACRE
TRACT OF LAND TO THE CITY IN ORDER FOR THE CITY TO PROVIDE AN ELECTRIC
SUBSTATION TO SERVE THE DEVELOPMENT; AND THE CITYS ACQUISITION OF
EASEMENTS AND THE RELOCATION OF EXISTING ELECTRIC TRANSMISSION
LINES AS ARE NECESSARY FOR THE CITY TO CONSTRUCT A CERTAIN RIGHT
TURN ONLY LANE TOGETHER WITH OTHER MATTERS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, there are certain improvements that are located in an area zoned in the
Rayzor Ranch Overlay District which must be constructed and/or moved with respect to the
Developments electrical needs; and
WHEREAS, the Developer and the City will enter into several Development
Agreements, this one being entitled Developmental Agreement for Rayzor Ranch (DME Site)
regarding certain of the Developments needed electric facilities; and
WHEREAS, the Public Utilities Board, an advisory committee of the City Council, has
duly considered this Development Agreement for Rayzor Ranch (DME Site) at its open
th
meeting on the 9 day of June, 2008, and the Board approved this Development Agreement by a
vote of 4 to 0; and recommended this agreement for the approval of the City Council. NOW,
THEREFOR
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute the
Development Agreement for Rayzor Ranch (DME Site) which is attached hereto as Exhibit
A, and to exercise all of the Citys rights, duties and obligations thereunder.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ________ day of ________________,
__________________________________
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: _________________________________
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By: _________________________________
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 June 9, 2008
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
7 Monday, June 9, 2008 at 9:03 a.m. in the Service Center Training Room, City of Denton Service
8 Center, 901-A Texas Street, Denton.
9
10 Present: Chair Charldean Newell, Bill Cheek, Randy Robinson and Bill Grub
11
12 Ex Officio Members:
13 George C. Campbell, City Manager
14 Howard Martin, ACM Utilities
15
16 Absent: Dick Smith, John Baines and Phil Gallivan, all excused
17
18
19 OPEN MEETING:
20
21 CONSENT AGENDA:
22 The Public Utilities Board has received background information, staffs recommendations, and
23 has had an opportunity to raise questions regarding these items prior to consideration.
24
25 1)Consider recommending approval of an Ingress and Egress Easement between the City of
26 Denton, a municipal corporation, as grantor, and Oncor Electric Delivery Company LLC, as
27 grantee, regarding a 0.046 acre tract of land located in the Myers, Johnson, Brummet and
28 Greene Survey, Abstract No. 1699, City of Denton, Denton County, Texas.
29
30 2)Consider recommending approval of a proposed Development Agreement between the City
31 of Denton, Texas and the Rayzor Ranch Development pertaining to the Rayzor Ranch project.
32
33 3)Consider recommending approval of the proposal from Floyd Smith Concrete, Inc. for
34 construction of the concrete pavement for the compost screening area and the large truck
35 access and turnaround facility in the amount of $253,741.
36
37 4)Consider recommending adoption of an Ordinance of the City of Denton authorizing the City
38 Manager or his designee to execute a purchase order through the Buy Board Cooperative
39 Purchasing Network for the acquisition of a Doosan D160 Pneumatic Tire Forklift for Denton
40 Municipal Electric by way of an Interlocal Agreement with the City of Denton; and providing
41 an effective date (File 4072-Interlocal Agreement for the purchase of Forklift for Denton
42 Municipal Electric awarded to Darr Equipment Co. in the amount of $120,389.72).
43
44 5)Consider recommending approval to award a construction contract for installation of the RD
45 Wells Interchange Autotransformer Pad and Control Building Concrete Foundations, in
46 accordance with the specifications in Bid #4038 to Cates, Courtney & Roebuck, Inc., based in
47 Fort Worth, in the total estimated expenditure amount of $104,610.
48
Draft Minutes of the Public Utilities Board meeting
June 9, 2008
Page 2 of 2
1 6)Consider recommending approval of a resolution re-appointing a member to the Board of
2 Directors of Texas Municipal Power Agency, a Joint Powers Agency representing the City of
3 Denton, Texas; and declaring an effective date.
4
5 Board Member Randy Robinson moved to approve Items 1 through 6 with a second from
6 Board Member Bill Grubbs. The motion was approved by a 4-0 vote
7
AGENDA INFORMATION SHEET
AGENDA DATE: June 17, 2008
DEPARTMENT: City Managers Office
CM: George Campbell, City Manager
SUBJECT
Consider nominations/appointments to the Citys Boards and Commissions.
BACKGROUND
The following boards/commissions require nominations:
Historic Landmark Commission This is Darlene Mullenwegs position. This is a nomination for
Mayor McNeill.
If you require any further information, please let me know.
Respectfully submitted:
Jennifer Walters
City Secretary
S:\Boards & Comm\Agenda Info Sheet for Vacancies 06.17.08.docx
AGENDA INFORMATION SHEET
AGENDA DATE: June 17, 2008
DEPARTMENT: City Managers Office
CM: George Campbell, City Manager
SUBJECT
Consider adoption of an ordinance canvassing the returns and declaring the results of the
runoff municipal election held in the city of Denton on June 14, 2008.
BACKGROUND
Adoption of this ordinance will formally canvass the election returns of the runoff
election for Place 7, Mayor held on June 14, 2008.
Respectfully submitted:
Jennifer Walters
City Secretary
s:lour documentslordinancesl0$Irunnoff 20ffS.docx
PASSED AND APPROVED this the day of _ , 2008.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL �ORM:
EDV� � - " y�
:
Page 2
PERRY R. McNE�L,L, MAYOR