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City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1584,Version:1
AGENDA CAPTION
Receive a report from City staff and Hickory & Rail Ventures staff regarding Stoke Denton’s annual report and
the renewal of the management contract with Hickory & Rail Ventures, LLC, hold a discussion, and give staff
direction.
City of DentonPage 1 of 1Printed on 10/12/2018
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Economic Development
CM/ DCM/ ACM: Bryan Langley
DATE: October 16, 2018
SUBJECT
report and the renewal of the management contract with Hickory & Rail Ventures, LLC, hold a
discussion, and give staff direction.
SUMMARY
Hickory & Rail Ventures (HRV) has successfully met the terms of its contract with the City to manage
the Stoke Denton Entrepreneur Center. Memberships, partnerships, and programming are exceeding
contract with HRV.
BACKGROUND
After a request for proposals (RFP 6571) process in Fall 2017, City Council awarded a contract for
r (Stoke) to Hickory & Rail Ventures, LLC.
HRV is a local business founded by a Denton tech entrepreneur with established relationships in the
Denton tech community. HRVs goal is for Stoke to be self-sustaining by the end of the Citys lease term
for the space, and its RFP pro forma was built on that goal. One of HRVs methods to work toward
sustainability is to pay the City a $1,000/month rent offset in contract Year 2 and a $2,000/month rent and
utility offset in contract Year 3. A 2017 City pro forma (Exhibit 4) projects savings to the City of
$241,529 over three years of the contract.
HRV began management of Stoke on December 1, 2017. The contract specifies deliverables and metrics
to be provided, including a comprehensive annual report prior to November 2018 (Exhibit 2).
City and HRV staff meet at least once a month to review and ensure that
all conditions are being met under the contract, and to identify opportunities for business development and
collaboration. From December 1, 2017 to September 30, 2018, HRV has met all specified metrics and
deliverables.
results of member surveys, events held, partnership and marketing details, and H
report during the work session.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
June 11, 2018 Informal Staff Report provided progress with Stoke at the mid-
year point of the contract (December 2017-May 2018).
FISCAL INFORMATION
Contract 2017-371 with HRV for the management of Stoke does not involve the expenditure of City
funds. Rent, utilities, and other operational expenses for Stoke are part of a commercial lease agreement
between the City and Rail Yard Partners.
Exhibit 4 shows projected revenue and expenses for the Citys own operation of Stoke versus HRVs
operation of Stoke. These projections were made in November 2017 as part of the Councils discussion of
the contract with HRV. Exhibit 4 shows the Citys projected Stoke Year 1 expenses to be $188,962.
Actual Stoke expenses for Fiscal Year 2017-18 were $198,262. Please note that the Citys fiscal year and
HRVs annual contract are not on the same timeframe; when the current contract concludes on Nov. 30,
2018, staff will provide Council with actual City expenses during the 12 months of the HRV contract.
Upon renewal of the contract, HRV will pay the City $1,000 per month from December 1, 2018-
November 30, 2019, to reimburse a portion of the rent paid by the City. HRV then will pay the City
$2,000 per month from December 1, 2019-February 28, 2021 to reimburse a portion of the rent and
utilities paid by the City.
OPTIONS
Renewal
1. Do not renew the HRV contract
2. Renew the HRV contract for 12 months (December 1, 2018-November 30, 2019)
3. Renew the HRV contract for 26 months (lease term for the Stoke space;
December 1, 2018-February 28, 2021)
Method of Renewal
1. Renew via letter of extension from Purchasing Because the current contract includes an
extension provision, Purchasing can send HRV a letter stating that the City wishes to extend the
contract with terms and conditions remaining the same. HRV would sign the letter and Purchasing
would add it to the contract file.
2. Hold a vote on renewal The contract extension can be added to a future agenda as an item on the
consent agenda or for individual consideration.
RECOMMENDATION
Staff recommends renewal of the Stoke management contract with Hickory & Rail Ventures for 26
months (). Staff further recommends the
contract be renewed via a letter of extension from Purchasing.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.3 Promote a business-friendly environment
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Stoke Annual Report
Exhibit 3 Stoke Year-End Profit and Loss
Exhibit 4 City of Denton Projected Stoke Revenues Over Expenses
Exhibit 5 Contract with Hickory & Rail Ventures (2017-371)
Exhibit 6 Hickory & Rail Ventures Presentation
Exhibit 7 City Staff Presentation
Respectfully submitted:
Caroline Booth
Director of Economic Development
=.'>0 ?0(.'(
@A,BC9 D? E,==
?0-0F/01 345; : =0G.0F/01 3452
TOTAL
Income
Discounts given-34.00
Sales119,362.62
Unapplied Cash Payment Income75.00
Total Income$119,403.62
GROSS PROFIT$119,403.62
Expenses
Advertising & Marketing2,514.81
Events + Program Costs1,918.26
Sponsored Events1,320.00
Total Advertising & Marketing5,753.07
Bank Charges & Fees374.10
Capital Improvements2,585.08
Dues & subscriptions1,545.80
Insurance749.00
Kitchen Supply
paper goods252.88
Snacks/coffee2,944.83
Total Kitchen Supply3,197.71
Legal & Professional Services570.00
Meals & Entertainment633.90
Office Supplies & Software1,321.97
Other Business Expenses208.00
QuickBooks Payments Fees2,354.79
Reimbursable Expenses200.00
Repairs & Maintenance248.42
Salaries & Benefits
Employee Benefits250.50
Employer Taxes5,752.59
Reimbursements4,632.71
Salary64,302.79
Total Salaries & Benefits74,938.59
Staff Development173.72
Taxes & Licenses52.00
Travel1,768.41
Total Expenses$96,674.56
NET OPERATING INCOME$22,729.06
NET INCOME$22,729.06
!"# $!"%" &'()!*+ ,-.'/01 2+ 3452 54674 & 8&9:;
5<5
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1722,Version:1
AGENDA CAPTION
Receiveareportfromstaff,holdadiscussion,andgivestaffdirectionregardingthedesignandconstructionof
amedianbeautificationprojectattheintersectionofDallasandTeasley,EagleandElm,andaparkinglotin
South Lakes Park.
City of DentonPage 1 of 1Printed on 10/12/2018
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Parks and Recreation
ACM: Bryan Langley
DATE: October 16, 2018
SUBJECT
Receive a report from staff, hold a discussion, and give staff direction regarding the design and construction
of a median beautification project at the intersection of Dallas and Teasley, Eagle and Elm, and a parking
lot in South Lakes Park.
BACKGROUND
In 2018, Parks and Recreation (PARD) staff begin to evaluate opportunities around the downtown and city
for nodes of beautification. Two of the locations identified were suggested for improvement by Council
Member Hudspeth. These sites include former right-of-ways located at Dallas/Teasley and Eagle/Elm.
Current plans for these areas include the old street bed removed and decorative landscaping added as well
as possible signage and sculptures. The beautification efforts would serve as a welcoming to Denton and
the downtown. It is estimated that each of these projects will cost approximately $75,000. Based on this
estimate, a total of $150,000 was requested in the 2018-2019 Budget.
parking lot funded for construction to support this asset. Unfortunately, park users are using private parking
lots to the north for park access instead of the school to the west as originally thought. This has caused
disruption to the businesses and reduced parking for their customers. Parks and Recreation staff have
designed a small parking lot totaling 13 parking spaces to provide access to this playground. Staff budgeted
a cost of $300,000 for the parking lot, signage, additional trail connections, amenities, and utilities. A total
of $165,000 is currently identified in 915/916 funding to be contributed to this project. Based on this
estimate, a total of $135,000 was requested in a budget supplemental for FY 2018-2019.
During the planning for the FY 2018-2019 budget, City Council decided to appropriate funding totaling
$285,000 from the FY 2017-2018 budget to allow these projects to be completed.
During the months of August and September, PARD began to finalize design concepts to be considered by
the Parks, Recreation and Beautification Board as well as City Council.
Dallas and Teasley (Exhibit 3)
Eagle and Elm (Exhibit 5 and 7)
South Lakes Park (Exhibit 9)
It is anticipated the majority of this work will be completed by internal staffing with some assistance by
contractors. Estimated costs have been tabulated on the concept designs.
Dallas and Teasley (Exhibit 4)
Eagle and Elm (Exhibit 6 and 8)
South Lakes Park (Exhibit 10)
On September 18, 2018, City Council approved the amendment for the FY 2017-2018 budget to officially
allow this project to move forward.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
During the planning for the FY 2018-2019 budget, City Council directed staff to allocate funding from FY
2017-2018 budget.
On September 18, 2018, City Council approved the amended FY 2017-2018 budget thus officially
allocating funding for this project to move forward.
On October 1, 2018, the Parks, Recreation and Beautification Board reviewed the designs and support the
direction with the intent of moving forward with the projects.
RECOMMENDATION
Review and provide feedback for future development.
FISCAL INFORMATION
Funding has been allocated from the FY 2017-2018 budget.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Safe, Liveable & Family-Friendly Community
Related Goal: 4.2 Seek clean and healthy neighborhoods in Denton
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Presentation
Exhibit 3 Draft Concept Plan (Dallas and Teasley)
Exhibit 4 Estimated Costs (Dallas and Teasley)
Exhibit 5 Draft Concept Plan 1 (Eagle and Elm)
Exhibit 6 Estimated Costs Plan 1 (Eagle and Elm)
Exhibit 7 Draft Concept Plan 2 (Eagle and Elm)
Exhibit 8 Estimated Costs Plan 2 (Eagle and Elm)
Exhibit 9 Draft Concept Plan (South Lakes Park)
Exhibit 10 Estimated Costs (South Lakes Park)
Prepared by:
Eddie Valdez
Management Analyst, Parks and Recreation
Respectfully submitted:
Gary Packan
Director, Parks and Recreation
EXHIBIT10
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EXHIBIT3
Dallas & Teasley Intersection
Iris, Horsetail Reed
-
planting
the ground
Grass Seed Mix
Trees
-
-
Color Beds
EXHIBIT4
Dallas & Teasley Corner Construction Cost Estimate
Initial Construction Estimates - September 12, 2018
Funding Sources
Source 1FY2017-1018 GF Transfer
Source 2
Source 3
Option 1
$ 75,000.00
PROJECT TASKSAmountUnitUnit PriceTotalFUNDING SOURCE
Љ
Architectural Design1EA
Љ
Engineering Civil1EA
Љ
Engineering Geotechnical1EA
Љ
Surveys Topo and Lot1EA
Љ
Subtotal$0.00
hƦƷźƚƓ Њ
Concrete
Concept 1200CY$24.12
$4,824.00
0CY$2,300.00
$0.00
Concept 113CY$51.51
$669.63
Demolition1EA$0.00
$0.00
Irrigation 1EA$20,000.00
$20,000.00
Bedding Soil272CY$25.00
$6,800.00
Trees8EA$325.00
$2,600.00
Sod
Concept 18,547SF$0.22
$1,880.34
Perennials
Concept 1400EA$10.00
$4,000.00
Wildflower, Buffalo Seed1ACRE$575.00
$575.00
Solar Panel1EA$250.00
$250.00
Controller1EA$150.00
$150.00
Landscape Lighting Solar8EA$25.00
$200.00
Conduit for LightingLF
$200.00
Decomposed Granite5CY$100.00
$500.00
Boulders8EA$350.00
$2,800.00
River Rock80CY$150.00
$12,000.00
Barrier Fabric20RL$50.00
$1,000.00
Subtotal$57,448.97
Tree Removal0$1,500.00$0.00
Planning1$5,000.00
$5,000.00
Permits1$2,400.00$2,400.00
Inspections1$2,500.00$2,500.00
Subtotal$9,900.00
Subtotals$67,348.97
Risk (Contingency 10%)$6,734.90
Total (Scheduled)$74,083.87
Sculpture1$15,000.00
$15,000.00
Subtotal$15,000.00
Subtotals$15,000.00
Risk (Contingency 10%)$1,500.00
Total (Scheduled)$16,500.00
EXHIBIT5
Eagle & Elm Intersection
Savanna Holly
Stone ResemblingAutumn
Blaze
Maple
Indian Hawthorn
Dwarf Nandina
preferably Firepower
Base
Turf
Resembling
EXHIBIT6
Eagle & Elm Corner Construction Cost Estimate
Initial Construction Estimates - September 12, 2018
Funding Sources
Source 1FY2017-1018 GF Transfer
Source 2
Source 3
Option 1
$ 75,000.00
PROJECT TASKSAmountUnitUnit PriceTotalFUNDING SOURCE
Љ
Architectural Design1EA
Љ
Engineering Civil1EA
Љ
Engineering Geotechnical1EA
Љ
Surveys Topo and Lot1EA
Љ
Subtotal$0.00
hƦƷźƚƓ Њ
Concrete
Sidewalk NE/SW245SY$51.51
$12,619.95
Concept 140CY$24.12
$964.80
1CY$2,300.00
$2,300.00
Wall16CY$511.00
$8,176.00
Concept 164LF$17.90
$1,145.60
Concept 14CY$51.51
$180.29
Demolition and Excavation1EA$0.00
$0.00
Irrigation 1EA$18,000.00
$18,000.00
Bedding Soil33CY$25.00
$825.00
Trees6EA$325.00
$1,950.00
Sod
Concept 13,359SF$0.22
$738.98
Shrubs
Concept 175EA$15.00
$1,125.00
Solar Panel1EA$250.00
$250.00
Controller1EA$150.00
$150.00
Landscape Lighting7EA$25.00
$175.00
Conduit for LightingLF
$200.00
River Rock17CY$150.00
$2,550.00
Barrier Fabric3RL$50.00
$150.00
Subtotal$51,350.62
Tree Removal0$1,500.00$0.00
Planning1$5,000.00
$5,000.00
Permits1$2,400.00$2,400.00
Inspections1$2,500.00$2,500.00
Subtotal$9,900.00
Subtotals$61,250.62
Risk (Contingency 10%)$6,125.06
Total (Scheduled)$67,375.68
Signage1$2,500.00
$2,500.00
Sculpture1$10,000.00$10,000.00
$0.00
$0.00
$0.00
$0.00
Subtotal$12,500.00
Subtotals$12,500.00
Risk (Contingency 10%)$1,250.00
Total (Scheduled)$13,750.00
EXHIBIT7
Eagle & Elm Intersection
EXHIBIT8
Funding Sources
Source 1
Source 2
Source 3
$ 75,000.00
Architectural Design1EA
Engineering Civil1EA
Engineering Geotechnical1EA
Surveys Topo and Lot1EA
hƦƷźƚƓ Њ
Concrete
Concept 148CY$24.12
Walls
Concept 118CY$511.00
Concept 111SY$51.51
Boulders6EA$250.00
Њ
Irrigation EA$17,000.00
Solar Lighting (uplights)
Concept 11EA$3,000.00
Planting Soil48CY$100.00
Trees7EA$400.00
Shrubs50EA$17.50
Ornamental Grass17EA$6.00
Perennials35EA$6.00
Logo art2EA$1,500.00
Box Letters12EA$350.00
Sod
Concept 12,432SqFt$0.22
Tree Removal0$1,500.00
Planning1$5,000.00
Permits1$2,400.00
Inspections1$2,500.00
Risk (Contingency 10%)
EXHIBIT9
South Lakes Park
Chinkapin Oak
Ginko Trees
Enhanced Paving and
Picnic Tables
Permeable Paving
Hopscotch built in to
Sidewalk
Burr Oak (Specimen)
Autumn Crape
BlazeMyrtles
Maple
Chinese Pistache
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1723,Version:1
AGENDA CAPTION
Receive a report, hold a discussion and give staff direction regarding Pension Benefits for Public Safety
Dispatchers
City of DentonPage 1 of 1Printed on 10/12/2018
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
DCM: Bryan Langley, Deputy City Manager
DATE: October 16, 2018
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding pension benefits for public safety
dispatchers.
BACKGROUND
The City of Denton participates in the Texas Municipal Retirement System (TMRS) and the Denton
Firemen’s Relief and Retirement Fund (DFRRF) pension plans. The DFRRF plan covers firefighters in the
Denton Fire Department, and the TMRS plan covers all other City of Denton employees with the exception
of temporary positions.
As we have discussed with Council in the past, the TMRS plan experienced actuarial issues in 2008, and as
a result, the City increased its contribution rate to the plan over time. There was, however, no increase in
benefits provided to the plan. Instead, the increase in contributions was intended to reduce liabilities and
improve the overall financial health of the plan. An overview of the TMRS and DFRRF plans and their
respective financial condition was provided to the City Council in July 2018, and a copy of this report is
included as Exhibit 1.
Due to the increases in the TMRS contribution rate, the Firefighters Association requested that the same
contribution rate given to TMRS be provided to the DFRRF. In 2010, the City agreed to this arrangement
through the meet and confer process.
While this funding methodology worked well over the past few years, the arrangement needed to be
modified due to a changing demographic environment and investment climate. The primary reason for this
change was that the City’s TMRS contribution rate was declining as a percentage of payroll due to growth
in the municipal workforce. Additionally, the DFRRF needed a contribution from the City which was
decoupled and independent of TMRS. The funding methodology needed to be based upon the unique
workforce demands of the Fire Department which would achieve financial objectives over time instead of
just matching the TMRS rate.
Due to these factors, the DFRRF Board, the Denton Firefighters Association, and the City entered into an
agreement in 2017. Below are the key provisions of this agreement:
1)The DFRRF will develop and adopt a funding policy which achieves a 100% funding ratio over a
closed 25 year amortization period.
2)The City will increase its current contribution rate to the DFRRF to 18.5% effective with the first
pay period beginning after the agreement is approved. Each subsequent year of the agreement, the
City’s contribution rate will be adjusted to the rate needed to amortize the unfunded liabilities over
the 25 year closed period.
3)No benefit enhancements will be approved by the Board during the term of this agreement which
expires on September 30, 2019.
4)The investment rate of return assumption will be conservatively estimated depending upon
investment expectations (currently 6.75%).
5)The DFRRF will commission an actuarial analysis every two years, and the City Council will be
provided a formal opportunity to approve the report. If the report is approved by Council, the City’s
contribution rate will be adjusted to achieve the above mentioned actuarial goals. If the City Council
does not approve the report, however, the City and DFRRF mutually agree to discuss potential
changes which would satisfy any deficiency.
6)If the deficiency cannot be corrected, the report will not be approved by the City Council, but the
City’s contribution would not be less than the contribution rate to TMRS or the minimum rate
established by law.
Since this agreement was approved in 2017, staff has been discussing options to address turnover and
retention issues with our public safety dispatch employees. Currently, these employees are required to
participate in the DFRRF, but due to the vesting requirements, relatively high employee contribution rate,
and lack of portability between different cities, this can create challenges to attract and retain employees.
As a result, staff has been working with the Fire Association and DFRRF Board to consider another potential
agreement which would require all new dispatch employees to be enrolled in TMRS and allow existing
dispatch employees to choose between being a member of the DFRRF or TMRS plan. Since the dispatch
employees provide a positive actuarial benefit to the DFRRF, the City has worked with the DFRRF actuary
to calculate the additional contributions necessary to make the plan whole should dispatchers elect to leave
the plan. This additional contribution represents a 0.28% increase in the contribution as a percentage of
payroll, and when combined with the lower expected contribution to TMRS, the net impact of these changes
is expected to be approximately $33,000. Also, due to the 2017 agreement, this impact will be assessed
every two years as part of the actuarial process, and the City Council will have an opportunity to review
and approve the actuarial report.
Due to the relatively low cost of this change, and the potential benefits to our recruitment and retention
efforts, staff is recommending that this agreement be approved. The proposed agreement has been discussed
with the DFRRF Board chairman and president of the Denton Firefighters Association. Both organizations
have indicated they are supportive of the agreement, but it will need to be formally ratified by the association
membership and approved by the DFRRF board. Assuming approval by these two groups, staff intends to
bring an agreement to Council for consideration in November and have the changes be effective on January
1, 2019.
OPTIONS
Option 1 – No action; do not approve any amendments to current meet and confer agreement.
Option 2 – Proceed with revising agreement as outlined.
Option 3 – Modify proposed agreement based on Council feedback.
RECOMMENDATION
Staff recommends that the City Council proceed with revising the existing Meet and Confer agreement as
proposed.
STRATEGIC PLAN RELATIONSHIP
The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
Related Goal: 1.2 Develop a high-performance workforce
EXHIBITS
Exhibit 1- Agenda Information Sheet
Exhibit 2 - Informal Staff Report (July 2018)
Exhibit 3 – Ordinance 2017-387
Exhibit 4 – Proposed Meet and Confer Amendment
Exhibit 5 – Pension Cost Analysis
Exhibit 6 – Presentation
Respectfully submitted:
Bryan Langley
Deputy City Manager
Date: July 27, 2018 Report No. 2018-096
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Update regarding the funded status and funding progress of the Texas Municipal Retirement
Fund (DFRRF).
EXECUTIVE SUMMARY:
As part of our annual budget discussions, staff provides the City Council with information on the
status of our pension plans and the most recent actuarial evaluations. This report is intended to
provide a high level overview of the history and structure of each plan, investment performance,
and overall funded status. The DFRRF is currently in the process of completing a new actuarial
evaluation, and we expect this to be presented to Council for review in the fall of 2018.
BACKGROUND:
The City of Denton participates in two separate pension plans. The DFRRF covers firefighters in
the Denton Fire Department. The TMRS plan covers all other City of Denton employees with the
exception of temporary positions.
TMRS Overview:
TMRS was created in 1948 by the Texas Legislature. TMRS is a hybrid of a defined benefit and
defined contribution plan. Under this approach, contributions are defined until the date of
retirement. Upon retirement, the value of these contributions and investment earnings define the
benefits for the retiree (also known as a cash balance plan). In this way, the unfunded liabilities
associated with many defined benefit plans are minimized.
While TMRS is a state-wide retirement system, the plan does not receive any state funding.
Rather, all funding associated with TMRS is provided by employers, employees, and investment
earnings of the system. Further, individual cities determine the level of benefits that will be
provided to their retirees.
As of December 31, 2017, the TMRS system had 883 cities that participate in the plan.
Collectively, these cities have 167,577 employee accounts and 62,776 retirement accounts. The
market value of the assets in TMRS is approximately $28.6 billion. Specific information for the
City of De
Annual Financial Report (CAFR).
Investment Performance
The TMRS plan assumes an annual investment return equal to 6.75% of plan assets. However,
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Date: July 27, 2018 Report No. 2018-096
year-to-year fluctuations that are inherent in the investment markets. Below is a history of the
TMRS investment rate of returns achieved compared to the stated goal of 6.75% (shown as a red
line in the below graph). Over this period, TMRS has achieved an average investment return
equivalent to 7.42% (arithmetic average).
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time, investment performance reflected yields on the bond portfolio.
While TMRS has had strong investment returns in the past, there is no guarantee that the system
will be able to achieve these rates in the future. However, by continuing to diversify the portfolio,
TMRS investment managers believe they will be able to achieve an average 6.75% return over
time. It is also important to note that any one year, or even a series of years, of below average
investment returns is not a cause for alarm. The TMRS plan is designed to provide benefits for
employees and retirees over decades, and as such, a long-term view of investment performance
assumptions is the proper way to evaluate the health of the plan.
Actuarial Information and Funding Progress:
As of December 31, 2017, the City of Denton had an Actuarial Value of Assets (AVA) of $389.9
million and a Total Actuarial Accrued Liability (AAL) of $467.8 million for the TMRS plan. This
equates to an Unfunded Actuarial Accrued Liability (UAAL) of $77.9 million and a funded ratio
of 83.3%, compared to 81.1% in 2015 and 82.1% in 2016. The UAAL is being amortized over a
period of 17 years in our existing contribution rate, so assuming all assumptions are met, the TMRS
plan for Denton will be 100% funded by 2034. However, if investment returns or other economic
assumptions are not realized, the fund will amortize these actuarial differences over a longer period
of time, and the full funding of the plan may be extended.
Note: These figures are provided on an actuarial basis and will be different from the funding levels
identified in the CAFR which are prepared on an accounting basis.
tğŭĻ Ћ
Date: July 27, 2018 Report No. 2018-096
DFRRF Overview:
Fund (DFRRF) covers firefighters in the Denton Fire
Department, and the Board of Trustees is the administrator of pension plan. The plan provides
service, death, and disability benefits to members, and these benefits fully vest after 20 years of
service. The normal service retirement benefit is equal to 2.59% of the highest 36-month average
salary for each year of service under the plan.
As of December 31, 2015, the most recent biennial valuation, the plan served 176 active
firefighters and 84 retirees or beneficiaries. Additionally, 2 inactive employees are entitled to
benefits, but they are currently not yet receiving them. Specific information for the City of
DFRRF
Financial Report (CAFR).
As we have discussed with Council in the past, the TMRS plan experienced actuarial issues in
2008, and as a result, the City increased its contribution rate to the plan over time. There was,
however, no increase in benefits provided in the plan. Instead, the increase in contributions was
intended to reduce liabilities and improve the overall financial health of the plan. Due to the
increases in the TMRS contribution rate, the Firefighters Association requested that the same
contribution rate given to TMRS be provided to the DFRRF. In 2010, the City agreed to this
arrangement.
While this funding methodology worked well over the past few years, this arrangement needed to
be modified due to changing demographics and the current investment climate. The primary
due to growth in the municipal workforce. Additionally, the DFRRF needs a contribution from
the City which is decoupled and independent of TMRS.
To address this, the City, the Firefighters Association, and the DFRRF entered into an agreement
in 2017 to revise the funding formula and require that the City Council formally approve the
actuarial study every two years among other items. The actuarial study is currently in the process
of being completed, and staff anticipates that this will be presented to the Council for consideration
this fall.
Additionally, staff has been working to address turnover and retention issues with our public safety
dispatch employees. Currently, these employees are required to participate in the DFRRF, but due
to the vesting requirements, relatively high employee contribution rate, and lack of portability
between different cities, this can create challenges to attract and retain employees. As a result,
staff has been working with the Fire Association and DFRRF Board to consider a potential
agreement which would allow dispatch employees to choose between being a member of the
DFRRF or TMRS plan. The actuarial impact of these changes is currently being studied, and we
plan to present this information to the Council in either August or September once the results are
known. For planning purposes, we have included an additional $200,000 in the proposed FY 2018-
19 budget should such a decision be made by the City Council to allow these benefit revisions.
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Date: July 27, 2018 Report No. 2018-096
Investment Performance
The annual investment return assumption is 6.75% of plan assets. Like TMRS, the actuarial
-to-year
fluctuations that are inherent in the investment markets. Below is a 17 year history of the DFRRF
investment rate of returns achieved compared to the stated goal of 6.75% (shown as a red line in
the below graph). Over this period, DFRRF has achieved an average investment return equivalent
to 6.16% (arithmetic average).
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While the plan has trailed its investment return assumption, the DFRRF Board of Trustees, and
their actuarial consultants, believe they will be able to achieve an average 6.75% return over time.
However, there is no guarantee that the DFRRF will be able to achieve these rates in the future. If
they are not able to do so, the plan will need to alter the level of benefits or request a higher
contribution rate from its members or the City. Similar to the TMRS plan, it is also important to
note that any one year, or even a series of years, of below average investment returns is not a cause
for alarm. The DFRRF is designed to provide benefits for employees and retirees over decades,
and as such, a long-term view of investment performance assumptions is the proper way to evaluate
the health of the plan.
Actuarial Information and Funding Progress
As of December 31, 2015, the most recent actuarial valuation, the City of Denton had an Actuarial
Value of Assets (AVA) of $72.7 million and a Total Actuarial Accrued Liability (AAL) of $89.9
million for the DFRRF plan. This equates to an Unfunded Actuarial Accrued Liability (UAAL)
of $17.2 million and a funded ratio of 80.8%, compared to 77.1% in 2013. The UAAL is being
amortized over a period of 31 years in our existing contribution rate, so assuming all assumptions
are met, the DFRRF plan for Denton will be 100% funded by 2046. However, if investment returns
or other economic assumptions are not realized, the fund will amortize these actuarial differences
over a longer period of time, and the full funding of the plan may be extended. As stated
previously, the 2017 actuarial valuation is in process, and we expect to be able to present updated
tğŭĻ Ѝ
Date: July 27, 2018 Report No. 2018-096
figures to the Council with the impact of the above mentioned contribution change in the fall of
2018.
Note: These figures are provided on an actuarial basis and will be different from the funding levels
identified in the CAFR which are prepared on an accounting basis.
CONCLUSION:
While public pensions continue to receive a great deal of media scrutiny, most public pension plans
in Texas continue to be appropriately funded. , both the TMRS and DFRRF plans
are well funded and managed responsibly. Going forward, the funding ratios for these plans are
expected to improve, and a financially sustainable funding mechanism is in place.
As mentioned previously, the purpose of this report is to provide the City Council with additional
information regarding the funding status of the TMRS and DFRRF pension plans. Since this report
only provides an overview of the pension plans, please let me know if you would like any
additional information.
EXHIBITS:
Exhibit 1: Excerpt from 2017 Comprehensive Annual Financial Report (CAFR)
STAFF CONTACT:
Bryan Langley, Deputy City Manager
(940) 349-8224
bryan.langley@cityofdenton.com
tğŭĻ Ў
58
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79
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82
Addendum to Meet and Confer Agreement
Between the City of Denton and
Denton Fire Fighters Association, IAFF Local 1291
This addendum constitutes a written agreement in accordance with sec. 142.117, and
preempts, to the extent of any conflict, all contrary state statutes, local ordinances, executive
orders, civil service provisions, and rules adopted by the head of the fire department and the City
of Denton, and by any division or agent of the City, such as a personnel board or a civil service
commission, including the Denton Firemen' s Relief and Retirement Fund (DFRRF), including but
not limited to Article 6243e, Vernon Texas Civil Statutes, Texas Government Code Title 8,
Subtitle A, and City of Denton Ordinance No. 2006-163.
Additionally, this addendum includes the DFRRF to the extent necessary to accomplish
the objectives stated herein.
Therefore, The City will increase its current contribution level to the DFRRF to 18.78%
of compensation beginning with the first pay period after the effective date of this agreement.
Thereafter, contribution levels will be determined in accordance with Article 12 of the Meet and
Confer Agreement, according to the biennial schedule in Article 12, section 3.
Further, by agreement of the parties, Article 12 of the Meet and Confer Agreement is
amended to add the following section:
Section 9. Participants in the Fund will consist of the following City employees:
A. All employees under the supervision and control of the Fire Department, except:
1. Any employee in the Fire Department participating in the Texas Municipal
Retirement System (TMRS) on or before June 20, 2006.
2. Any employee participating in TMRS when a citywide reorganization results in
the employee being assigned to report to the Fire Department.
3. Any employee employed prior to June 20, 2006, who transferred to the Fire
Department on or before June 20, 2008, and elected to remain in TMRS.
4. Building Inspection, Health Inspection or other employees who do not perform
Fire Department related services, regardless of whether these employees may report
to the Fire Marshal.
5. Any public safety dispatcher hired on or after the effective date of this addendum.
6. Any public safety dispatcher employed on the date of this addendum who elects
no later than 30 days after the date of this addendum to transfer to TMRS.This
election shall be non-revocable.
B. Public safety dispatchers who were not TMRS participants on or before June 20,
2006, who were employed prior to the effective date of this addendum and were
participants in the Fund, and who do not elect to transfer to TMRS under Subsection A.6.
above, will continue to be participants in the Fund.
C. This agreement supersedes any agreed resolution, whether by settlement
agreement, agreed judgement, or any other instrument, between these parties of the case
styledDenton Firefighters Relief and Retirement Fund v. City of Denton, Cause No. 2005-
30380-211, in the 211th District Court of Denton County, Texas. If the City and the
Association do not reach an agreement on a new meet and confer agreement at the
expiration of this agreement and any extension, then any public safety dispatcher hired
after the latter of the expiration of this agreement or any extension will be participants in
the Fund.
Approved at a duly called meeting of the City Council on ____________, 2018.
By:______________________________________
Todd Hileman, City Manager
Approved at duly called meeting of the Denton Firemen’s Relief and Retirement Fund on
__________, 2018.
By:______________________________________
Derek Oswald, Chairman
Ratified by the Denton Fire Fighters Association, IAFF Local 1291 on ___________, 2018.
By:______________________________________
___________________, President
Total Salaries in Fire Pension *Current Rate 18.5%Updated Rate 18.78%.28% Increase
Fire Admin$ 1,085,081$ 200,740$ 203,778 $ 3,038
Fire Prevention$ 1,138,466$ 210,616$ 213,804 $ 3,188
Fire Ops$ 15,510,292 $ 2,869,404$ 2,912,833$ 43,429
$ 17,733,839 $ 3,280,760$ 3,330,415$ 49,655
* Excludes Salaries in TMRS
Current Budget - Dispatchers in Fire Pension*
Total Salaries in Fire PensionCurrent Rate 18.5%
$ 1,551,627$ 287,051
Dispatchers After Pension Change*
Salaries Remaining in Fire PensionUpdated Rate 18.78%
$ 246,895.00$ 46,367
Salaries Moving to TMRSTMRS Rate 17.18%
$ 1,304,732$ 224,153
Total Revised Pension Cost$ 270,520
Net Change to Dispatchers$ (16,531)Net Change to Dispatchers$ (16,531)
* Excludes Salaries Currently in TMRS
Total Budget Impact$ 33,124
City Hall
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Legislation Text
File #:ID 18-1716,Version:1
AGENDA CAPTION
Extra Mile Day
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AGENDA CAPTION
rd
United States Marine Corps 243 Birthday Celebration
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AGENDA CAPTION
National Friends of the Libraries Week
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AGENDA CAPTION
Resolution of Appreciation for Mark Nelson.
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AGENDA CAPTION
Vicki Oppenheim regarding the Denton Community Market.
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AGENDA CAPTION
Reyna Galyon regarding traffic on Teasley Lane and the safety of school children.
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File #:ID 18-1525,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDentonauthorizingtheCityManager,orhisdesignee,toexecuteonbehalfofthe
CityofDentonanacceptanceofanofferfromtheTexasDepartmentofTransportationrelatingtoagrantof$50,000forRoutine
AirportMaintenanceProgram,requiringtheCitytoprovide$50,000inmatchingfunds,anddeclaringaneffectivedate.Airport
Advisory Board recommended approval (5-0).
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Transportation
CM/ DCM/ ACM: Mario Canizares
DATE: October 16, 2018
SUBJECT
Consider the adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee,
to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of
Transportation relating to a grant of $50,000 for Routine Airport Maintenance Program, requiring the City
to provide $50,000 in matching funds, and declaring an effective date. Airport Advisory Board
recommended approval (5-0).
BACKGROUND
The City of Denton has entered into grant agreements with the TxDOT Aviation Division known as the
landside airport improvements. These items can be more than just maintenance and may be new or
additional items of work. The RAMP Grant provides for a fifty percent (50%) state-funding match to the
local government sponsor. The grant offers up to $50,000 of available state assistance. The following is a
summary of FY 2017/2018 RAMP Grant expenditures and proposed FY 2018/2019 projects, including the
local match:
Projects 2017/18
Airfield Lighting and Signage Improvements $ 47,339.37
Security Fencing and Gates $ 38,971.63
Taxilane Juliet Crack Seal $ 6,334.00
Airport SWPPP Update $ 7,355.00
Total: $100,000.00
Proposed Projects 2018/19
Card Readers and Software for Vehicle Gates $ 75,000.00
Airfield Herbicide Spray and Fencing $ 20,000.00
Airfield Pavement Sweeping $ 5,000.00
Total: $100,000.00
ESTIMATED SCHEDULE OF PROJECT
The State must approve its share of funding prior to the start of any project and TxDOT Aviation requires
all projects be completed by August 31, 2019.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Council Airport Committee, August 28, 2018 Approved (2-0)
Airport Advisory Board, August 8, 2018 Approved (5-0)
FISCAL INFORMATION
The Airports fifty percent (50%) match for the grant is $50,000, which is reflected in the FY 2018-2019
Airport Budget.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 1.1 Manage financial resources in a responsible manner
EXHIBITS
1. Agenda Information Sheet
2. Ordinance
3. TxDOT RAMP Grant
Respectfully submitted:
Scott T. Gray, C.M., C.A.E.
Airport Manager
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Legislation Text
File #:ID 18-1583,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton, Texas, amending the Code of Ordinances, related to
Chapter 10, titled “Finance and Taxation,” Article VII, titled “Tax Exemption for Historically Significant Sites,”
Section 10-131, titled “Designation of Historically Significant Sites” to expand eligibility for a tax exemption
for historically significant sites; providing findings of fact; providing severability; providing codification;
confirming proper notice and meeting; and providing for an effective date.
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Economic Development
CM/ DCM/ ACM: Bryan Langley
DATE: Oct. 16, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, amending the Code of Ordinances,
-
eligibility for a tax exemption for historically significant sites; providing findings of fact; providing
severability; providing codification; confirming proper notice and meeting; and providing for an effective
date.
SUMMARY
Adoption of this amendment will allow Council to designate more types and locations of commercial
buildings as historically significant sites that are qualified for this particular type of local tax abatement.
Currently, only buildings in the Downtown Commercial District are eligible.
BACKGROUND
In 1998, the Denton City Council adopted Ordinance No. 98-116, which amended Chapter 10 of the Code
of Ordinances to enable the City to exempt from taxation part or all of the assessed value of certain
historically significant commercial sites within the Downtown Commercial District (see map below) in
economic incentive to develop proj
specified designation of historically significant sites; eligibility; the application, certification, and
verification process; and property appearance guidelines, among other items.
Downtown Commercial District Map (star denotes Courthouse-on-the-Square)
Properties must be at least 50 years old to apply, and the application is subject to recommendation by the
Historic Landmark Commission and approval by City Council. If approved, a property would receive a
100% abatement on the incremental increase in value for 10 years.
The incentive has been used five times since 1998, with the most recent exemption being granted in 2005.
In 2014, the Council adopted Ordinance No. 2014-125 with the intent to expand the original ordinance to
commercial building that the City Council deems historic or in
In 2018, City staff was approached regarding the possible use of the exemption related to preservation and
redevelopment of the Fairhaven Retirement Home on Bell Avenue. Since the exemption had not been
used in many years, staff requested a review of the ordinances
determine that the underlying basis in state law was still viable and to check for any other potential
updates that needed to be made.
While the underlying basis in state law was indeed still viable, Legal found that Ordinance No. 2014-125
only amended the application process but did not amend the relevant provisions of the
Ordinances to make the additional types/locations of buildings specified in Ordinance No. 2014-125
eligible to be designated as historically significant sites qualified for tax abatement. As such, the existing
ordinance still only applies to commercial buildings in Downtown. To correct that issue, Legal staff
drafted a new ordinance that authorizes City Council to designate the additional types/locations of
buildings as historically significant sites qualified for tax abatement.
PRIOR ACTION
The Historic Landmark Commission reviewed the new ordinance on Sept. 10, 2018, and recommends
approval by City Council (6-0).
STAFF RECOMMENDATION
Staff recommends approval of the proposed amendment ordinance.
FISCAL INFORMATION
This ordinance allows the City Council to provide a 100% tax abatement on the incremental increase in
value over the base year valuation for 10 years on qualifying preservation projects.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.1 Develop targeted policies and incentives to achieve desired
economic growth
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 2018 Ordinance
Exhibit 3 Application
Exhibit 4 Ordinance No. 98-116 (original)
Exhibit 5 Ordinance No. 2014-125 (current)
Respectfully submitted:
Caroline Booth
Director of Economic Development
Application for Historic Structure Property Tax Abatement
From the City of Denton, Texas
Please attach additional documents as necessary.
Property Address____________________________________________________________________________________
Legal Description___________________________________________________________________________________
Owner(s)__________________________________________________________________________________________
Mailing Address____________________________________________________________________________________
Phone_____________________________________________________________________________________________
Date of original construction of building_________________________________________________________________
Tax Valuation (effective prior to start date of rehabilitation project)____________________________________________
Start date of rehabilitation_____________________________________________________________________________
Estimated completion date____________________________________________________________________________
I certify that I am the legal owner of the aforementioned property.
I attest that the information listed above is true and complete to the best of my knowledge.
I attest that this property meets the eligibility requirements for an abatement of taxes as provided for by the City of Denton
Ordinance 98-116, as follows:
1. The property is located within the boundaries of the Downtown Main Street Commercial District, a historic district,
historic conservation district or any commercial building that the City Council deems historic or in need of preservation.
2. The property is at least 50 years old;
3. The estimated cost of the rehabilitation project will equal or exceed 25% of the most recent assessed ad valorem tax
valuation of the structure or $20,000, whichever is less. Roof repair or replacement may comprise no more than 50% of
the minimum threshold amount necessary to qualify for tax abatement;
4. A tax certificate showing that all taxes due upon the property have been paid is attached to this application;
5. A proposal listing all aspects of the planned rehabilitation will be submitted to the Historic Preservation Officer for
review by Denton Historic Landmark Commission for compatibility with the Property Appearance Guidelines. I will
submit an agreement for a Certificate of Appropriateness for any exterior modifications to the property for the duration
of the period during which the tax abatement is in effect;
6. I authorize the City Manager or designee, Historic Landmark Commissioners and elected officials to visit and inspect the
property as needed to complete this application and certification process as set forth in the ordinance.
Signature of property owner(s)_________________________________________________________________________
__________________________________________________________________________________________________
Date______________________________________________________________________________________________
Notarized By_______________________________________________________________________________________
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Legislation Text
File #:ID 18-1602,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,TexasauthorizingtheCityManager,orhisdesignee,
toexecuteandadministeraright-of-wayregistrationandapplicationwiththecityofCorinth,Texas,toobtain
permits,andexecuteancillarydocumentsrelatedthereto,andprovidingforaneffectivedate.ThePublic
Utilities Board recommends approval 4-0.
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT:Electric
CM: Todd Hileman
DATE: October 16, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his
designee, to execute and administer a right-of-way registration and application with the city of Corinth,
Texas, to obtain permits, and execute ancillary documents related thereto, and providing for an effective
date. The Public Utilities Board recommends approval .
BACKGROUND
On February 28, 2018, the City of Corinth sent a letter to George Morrow, General Manager of Denton
Municipal Electric, stating that it had recently adopted a “Right-of-Way Maintenance Ordinance No. 17-
06-01-06” which established right-of-way technical standards and construction regulations for the various
industries and utilities that work in the City of Corinth’s right-of-way for purposes of work, excavation,
provision of services, or installing, constructing, maintaining, or repairing facilities thereon.”
Corinth’s letter advises that registration is required of users who own facilities within the City of Corinth
and further, that Corinth will not issue right-of-way work permits to unregistered right-of-way users.
Several City of Denton departments including DME, IT Communications, Water and Wastewater operate
facilities within the City of Corinth. In order to obtain the required permits to install or maintain City of
Denton facilities, right-of-way registration and application registrations must be filed with the City of
Corinth. Among the City of Denton’s departments, DME operates the majority of facilities within the City
of Corinth, hence DME is coordinating the response for the City of Denton.
RECOMMENDATION
Staff recommends approval of an Ordinance authorizing the City Manager, or his designee, to sign the City
of Corinth right-of-way registration document and to do perform such other administrative tasks related to
this registration.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Public Utilities Board reviewed this item on October 8, 2018.
FISCAL INFORMATION
There are no expenditures/cost associated with this registration.
STRATEGIC PLAN RELATIONSHIP
The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
Related Goal: 1.3 Promote effective internal and external communication
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Ordinance
R
espectfully submitted:
George Morrow
General Manager, Denton Municipal Electric
Prepared by:
Jerry Fielder, P.E.
Division Engineering Manager – Distribution, Denton Municipal Electric
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1659,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation,
authorizingtheCityManagertoexecuteanAdministrationofPost-65RetireeMedicareSupplementcontract
withLaborFirst,LLCfortheCityofDenton;providingfortheexpenditureoffundstherefor;andprovidingan
effectivedate(RFP6807-awardedtoLaborFirst,LLC,forthree(3)years,withtheoptionfortwo(2)
additional one (1) year extensions, in a total not-to-exceed amount of $2,440,000 for all years).
City of DentonPage 1 of 1Printed on 10/12/2018
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: October 16, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation,
authorizing the City Manager to execute an Administration of Post-65 Retiree Medicare Supplement
contract with Labor First, LLC, for the City of Denton; providing for the expenditure of funds therefor; and
providing an effective date (RFP 6807- awarded to Labor First, LLC, for three (3) years, with the option
for two (2) additional one (1) year extensions, in a total not-to-exceed amount of $2,440,000 for all years).
The actual cost will be determined by the number of retirees electing coverage. This is a pass through cost
that is paid for by the retiree, except for a city subsidy based on the years of service.
RFP INFORMATION /BACKGROUND
City employees are able to elect retiree health
insurance and remain on th-funded health plan. Once a retiree reaches 65 years of age, and
become Medicare eligible, we transition them to a fully-insured Medicare Supplement health plan that
includes provisions to cover services not covered by Medicare, including a prescription plan (Group
Medicare Part D plan).
Since the retiree pays for the cost of the Medicare-Supplement plan (except for a City subsidy based on
years of service as detailed below) this change saves the City money in health claims and reduces any
potential GASB 75 liability the City may have.
Group Administrative Concepts (GAC) currently administers the plan through a retiree medical plan offered
by The Hartford. The Hartford has been the retiree medical plan carrier since January 1, 2010, and no plan
benefits changes have been made since implementation to the base plan or to the Group Medicare Part D
plan (prescription drugs). There have been changes to the Carrier/Pharmacy Benefit Manager (PBM) as
listed:
1/1/2010 to 12/31/2014 Fully insured by SilverScript Insurance Company, with CVS Caremark
as the PBM.
1/1/2015 to 12/31/2016 Fully insured by United American Insurance Company with CVS
Caremark as the PBM.
1/1/2017 to present Fully insured by Medco/Companion Life Insurance Company with Express
Scripts as the PBM.
As stated above, the premiums for the Medicare Supplement plan are paid by retirees, except for a City paid
subsidy based on years of service:
1
Years of Service City Paid Subsidy per Month
Less than 5 years $40
5 to 9 years $80
10 to 14 years $120
15 to 19 years $160
20+ years $200
So while the one-year estimated cost of the Labor First, LLC plan is $444,015
be approximately $201,120. A five percent annual contingency amount was added to cover new enrollments
for new retirees who are over the age of 65 or current retirees who turn 65. The contingency will allow
approximately three to four new retirees per year.
h GAC expires on December 31, 2018. Through Request for Proposal (RFP) 6807,
the City sought proposals from qualified firms to manage the Post-65 Retiree Medicare Supplement plan
beginning January 1, 2019.
Requests for Proposals was sent to 102 prospective suppliers of this item. In addition, specifications were
placed on the Materials Management website for prospective suppliers to download and advertised in the
local newspaper. Seven (7) proposals were received and evaluated based upon published criteria including
compliance with specifications, probable performance and price. The seven (7) proposals were reviewed
Committee (EIC), and staff members from Human Resources and Purchasing. McGriff, Seibels & Williams
As shown in Exhibit 2, the evaluation team ranked Labor First, LLC, as the proposal that provided the best
overall value for the City, and for our over-65 retirees. The main differentiator between Labor First and
GAC was the Tier 5 Specialty Drug benefit.
Labor a 16% savings compared to the price charged by our current Post-65 Retiree
Medicare Supplement administrator.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
GAC was originally awarded the Post-65 Retiree Medicare Supplement contract through the Public
Employee Benefits Alliance (PEBA) on January 1, 2010.
RECOMMENDATION
Staff recommends awarding a contract to Labor First, LLC, for the administratioPost-65
Retiree Medicare Supplement Labor First represents the best
overall value for the City.
PRINCIPAL PLACE OF BUSINESS
Labor First, LLC
Mount Laurel, New Jersey
2
ESTIMATED SCHEDULE OF PROJECT
Services under this contract will begin January 1, 2019. The initial contract will be three (3) years with
options to renew for an additional two (2) one-year periods.
FISCAL INFORMATION
The costs associated with the administration of the Post-65 Retiree Medicare Supplement plan are funded
from account 850500.6728. The budgeted amount for this item is $524,000.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
Related Goal: 1.2 Develop a high-performance work force
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Evaluation Ranking Sheet
Exhibit 3: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Scott Payne, Risk Manager, 940-349-7836
3
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1663,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation,
authorizingtheCityManagertoexecuteaProfessionalServicesAgreementwithFreeseandNichols,Inc.,for
On-CallEngineeringRelatedProfessionalServices,assetforthintheagreement;providingfortheexpenditure
offundstherefor;andprovidinganeffectivedate(RFQ6590-042-ProfessionalServicesAgreementforon-call
EngineeringRelatedProfessionalServicesawardedtoFreeseandNichols,Inc.,inthenot-to-exceedamountof
$1,200,000). The Public Utilities Board recommends approval (4-0).
City of DentonPage 1 of 1Printed on 10/12/2018
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: October 16, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a Professional Services Agreement with Freese and Nichols, Inc.,
for On-Call Engineering Related Professional Services, as set forth in the agreement; providing for the
expenditure of funds therefor; and providing an effective date (RFQ 6590-042 - Professional Services
Agreement for on-call Engineering Related Professional Services awarded to Freese and Nichols, Inc.,in
the not-to-exceed amount of $1,200,000). The Public Utilities Board recommends approval (4-0).
RFQ INFORMATION /BACKGROUND
Request for Qualifications for professional engineering services was
solicitation process. City Council approved a pre-qualified list of engineering firms on March 6, 2018, and
June 5, 2018 (Ordinance 18-331).
Freese and Nichols, Inc. is one of the qualified firms that submitted for the Project Management category
and has been selected for On-Call Professional Services. As part of RFQ-6590, Freese and Nichols, Inc.,
(FNI) was determined to be qualified in all categories including the design of water, wastewater, storm
water, roadway, and traffic signal infrastructure. The objective of this contract is to provide engineering
related professional services to supplement the capacity of the City of Denton Capital Projects Department.
The scope of services will include:
Staff Augmentation
Project Management
Engineering Design
Construction Management
The work will be performed on an as-needed basis over two-years from the date of execution of the contract.
All work under this contract will be performed only when specifically requested by the City of Denton with
an official Work Authorization request.
Each Work Authorization will include a scope of services defining the tasks required to complete the Work
Authorization. For each task, the scope shall include a detailed description of the task, outline any
assumptions, and list the required deliverables. Each Work Authorization will include detailed
compensation and level of effort for the services to be performed under the Work Authorization.
Compensation will be based upon hours agreed to by the City and the Engineer for each Work
Authorization. Compensation will be based on the Schedule of Rates in Attachment B of the agreement.
The compensation fee will include an estimate of reimbursable and sub-consultant cost for each Work
Authorization.
This agreement includes three (3) initial Work Authorizations described below plus contract capacity to
allow on-call professional services for the next two years. Future Work Authorizations will not be brought
before PUB or City Council until the total contract capacity has been depleted:
Work Authorization No. 1: W. Hickory Street (North Texas Boulevard to Carroll Boulevard): $153,000.00
The scope of this Work Authorization includes construction management of the existing roadway project
currently under construction from North Texas Boulevard to Welch Street. Additionally, this Work
Authorization includes project management during the design phase and construction management
throughout the construction of the final segment of West Hickory Street west of Carroll Boulevard from
Welch Street to Carroll Boulevard. The total project cost of the West Hickory Street from North Texas
Boulevard to Carroll Boulevard project is estimated to be $2.3 million.
Work Authorization No. 2: Morse Street Expansion (Loop 288 to Mayhill Road): $150,000
The scope of this Work Authorization includes project management during the design phase and
construction management throughout the construction of the Morse Street Loop 288 to Mayhill Road
project. The total project cost of the Morse Street Expansion project is estimated to be $3.75 million.
Hickory Creek East Extension (Teasley Lane to FM 2499): $159,000
The scope of this Work Authorization includes project management during the design phase and
construction management throughout the construction of the Hickory Creek East FM 2181 to FM 2499
project. The total project cost of the Hickory Creek East Extension project is estimated to be $3 million.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On March 6, 2018, and June 5, 2018, Council approved RFQ 6590 for a prequalified list of professional
engineering firms (Ordinance 18-331).
On May 1, 2018, City Council approved the Professional Services Agreement with TranSystems
Corporation Consultants for the design of the Hickory Creek East FM 2181 to FM 2499 project.
On June 11, 2018, Public Utilities Board (PUB) recommended the Professional Services Agreement with
Burgess & Niple, Inc. for the design of the Morse Street Loop 288 to Mayhill Road project to the City
Council for consideration.
On October 8, 2018, PUB recommended this item to the City Council for consideration.
RECOMMENDATION
Award a Professional Services Agreement with Freese and Nichols, Inc., for On-Call Professional
Services in the not-to-exceed amount of $1,200,000.
PRINCIPAL PLACE OF BUSINESS
Freese and Nichols, Inc.
Fort Worth, TX
ESTIMATED SCHEDULE OF PROJECT
The consultant is prepared to begin the services associated with this Agreement immediately with Work
Authorizations to be issued over the next two years.
FISCAL INFORMATION
Work Authorization No. 1 will be funded from the following three account numbers:
Drainage Department account 650119561 in the amount of $24,000.00. The current unencumbered
amount in this account is $100,000.00.
Street Department account 350463467 in the amount of $114,500.00. The current unencumbered
amount in this account is $696,765.28.
Traffic account 921702250 in the amount of $14,500.00. The current unencumbered amount in
this account is $117,680.98.
Work Authorization No. 2 will be funded from the following two account numbers:
CIP Engineering account 250022467 in the amount of $135,000. The current unencumbered
amount in this account is $2,686,170.64.
Water Department account 630349517 in the amount of $15,000.00. The current unencumbered
amount in this account is $96,950.00.
Work Authorization No. 3 will be funded from the following account number:
CIP Engineering account 250045467 in the amount of $159,000.00. The current unencumbered
amount in this account is $530,000.00.
Requisitions and purchase orders for these Work Authorizations will be processed after approval of this
contract. The additional contract capacity of $738,000 will be utilized over the next two years as needed.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 2.5 Develop Capital Improvement Program (CIP) based on community
needs
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Chad Allen at 940-349-7713.
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1664,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation,
authorizingtheCityManagertoexecuteaProfessionalServicesAgreementwithTeagueNallandPerkins,Inc.,
forEngineeringRelatedProfessionalServicesfortheWestHickoryStreetDrainage,PavingandSidewalks
Project,assetforthintheagreement;providingfortheexpenditureoffundstherefor;andprovidingan
effectivedate(RFQ6590-043-ProfessionalServicesAgreementforEngineeringRelatedProfessionalServices
awardedtoTeagueNallandPerkins,Inc.inthenot-to-exceedamountof$167,500).ThePublicUtilitiesBoard
recommends approval (4-0).
City of DentonPage 1 of 1Printed on 10/12/2018
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: October 16, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a Professional Services Agreement with Teague Nall and Perkins,
Inc., for Engineering Related Professional Services for the West Hickory Street Drainage, Paving and
Sidewalks Project, as set forth in the agreement; providing for the expenditure of funds therefor; and
providing an effective date (RFQ 6590-043 - Professional Services Agreement for Engineering Related
Professional Services awarded to Teague Nall and Perkins, Inc., in the not-to-exceed amount of $167,500).
The Public Utilities Board recommends approval (4-0).
RFQ INFORMATION /BACKGROUND
The reconstruction of Hickory Street from Bonnie Brae Street to Carroll Boulevard was funded as part of
the 2014 Bond Program. The portion of the project from Bonnie Brae Street on the west end to Welch Street
on the east end is currently under construction. It is being reconstructed in its existing configuration. That
portion of the Hickory Street Reconstruction Project is expected to be completed by February of 2019.
This contract is for design services related to the remaining portion of the Hickory Street Reconstruction
Project west of Carroll Boulevard from Welch Street to Carroll Boulevard. This portion of the roadway will
be reconfigured and reconstructed to allow for installation of pedestrian lighting and improved pedestrian
access along the north side of the road. In order to accomplish this, the roadway will be narrowed by moving
the north curb line father into the right-of-way toward the centerline of the street. The final configuration
of the roadway will still include two 11-foot travel lanes, a bike lane on the south side of the street and
parallel parking along the north side of the street. A new accessible 5-foot wide sidewalk will be constructed
along the back of the new north curb line and new pedestrian lighting will be installed behind the sidewalk.
solicitation process. City Council approved a pre-qualified list of engineering firms on March 6, 2018
(Ordinance 18-331).
Teague Nall and Perkins, Inc. is one of the qualified firms that submitted for the Design of Roadways,
Intersections and Bridges category and has been selected for the design of this West Hickory Street
Drainage, Paving and Sidewalks Project.
The proposed engineering contract will be for a not-to-exceed amount of $167,500. The scope of services
will include:
Storm drain study between Bonnie Brae Street and Carroll Boulevard
Design of reconstruction of the paving and sidewalks along West Hickory Street from Welch to
Carroll Boulevard
Design of pedestrian lighting on the north side of West Hickory Street from Welch to Carroll
Boulevard
Topographic and Right-of-Way survey
Subsurface Utility Engineering (SUE)
Bid Support
Limited Construction Support
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The reconstruction of Hickory Street from Welch to Carroll Boulevard was approved as part of the 2014
Bond Program.
On October 8, 2018, the Public Utilities Board (PUB) recommended this item to the City Council for
consideration.
RECOMMENDATION
Staff recommends adoption of an ordinance to execute an Agreement for Engineering Related Professional
Services for the West Hickory Street Drainage, Paving and Sidewalks Project with Teague Nall and Perkins,
Inc., for design services as set forth in the agreement, and providing an effective date (RFQ 6590-043
Agreement for Engineering Related Professional Services for design services awarded to Teague Nall and
Perkins, Inc. in the not-to-exceed amount of $167,500.00).
PRINCIPAL PLACE OF BUSINESS
Teague Nall and Perkins, Inc.
Fort Worth, TX
ESTIMATED SCHEDULE OF PROJECT
The consultant is prepared to begin the services associated with this Agreement immediately. The storm
drain study is expected to be completed within 12 weeks from Notice to Proceed (January 2019). The paving
sidewalk and lighting construction documents are expected to be completed within 7 months from Notice
to Proceed (May 2019).
FISCAL INFORMATION
This project will be funded from the following three account numbers:
Drainage Department account 650119561 in the amount of $59,000.00. The current unencumbered
amount in this account is $100,000.00.
Street Department account 350463467 in the amount of $83,000.00. The current unencumbered
amount in this account is $696,765.28.
Traffic account 921702250 in the amount of $25,500.00. The current unencumbered amount in
this account is $117,680.98.
Requisition #139762 has been entered in the Purchasing software system in the amount of $167,500.00.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 2.2 Seek solutions to mobility demands and enhance connectivity
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Ordinance & Contract
Respectfully submitted:
Lori Hewell, 349-7148
Purchasing Manager
For information concerning this acquisition, contact: Chad Allen, P.E., ext. 7713.
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1667,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation,
authorizingtheapprovalofathirdamendmenttoaProfessionalServicesAgreementbetweentheCityof
DentonandFreeseandNichols,Inc.,amendingthecontractapprovedbyCityCouncilonJuly17,2012,inthe
not-to-exceedamountof$435,701,amendedbyAmendments1and2approvedbythePurchasingManagerand
theCityManager,saidthirdamendmenttoprovideadditionalDesignServicesfortheNorth-SouthWaterMain
PhasesIIandIIIproject;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(File
4978-providingforanadditionalthirdamendmentexpenditureamountnot-to-exceed$140,113.60,withthe
total contract amount not-to-exceed $656,268.60). The Public Utilities Board recommends approval (4-0).
City of DentonPage 1 of 1Printed on 10/12/2018
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: October 16, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation,
authorizing the approval of a third amendment to a Professional Services Agreement between the City of
Denton and Freese and Nichols, Inc., amending the contract approved by City Council on July 17, 2012, in
the not-to-exceed amount of $435,701, amended by Amendments 1 and 2 approved by the Purchasing
Manager and the City Manager, said third amendment to provide additional Design Services for the North-
South Water Main Phases II and III project; providing for the expenditure of funds therefor; and providing
an effective date (File 4978 providing for an additional third amendment expenditure amount not-to-
exceed $140,113.60, with the total contract amount not-to-exceed $656,268.60). The Public Utilities Board
recommends approval (4-0).
INFORMATION /BACKGROUND
The North-South Phases II and III water main project extends a 36-inch and 42-inch water transmission
main from Roselawn to Scripture (near McKenna Park) generally along Bonnie Brae and will be constructed
ahead of the roadway project. City Council approved a contract in the amount of $435,701 with Freese and
Nichols, Inc. (FNI) on July 17, 2012, for Engineering Services associated with the North-South Water Line
Phases II and III project.
Contract Amendments 1 and 2 were subsequently approved for $26,654 on October 6, 2014, and $53,800
on July 10, 2017, for additional engineering services. The original contract time was to be for one year to
complete the design. The contract is currently six (6) years old and has required the consultant to expend
additional design effort for Phase II.
Amendment No. 3 addresses this additional effort as well as other additional services needed:
Design services related to completion of the construction plans and specifications for Phase II and
III including modifications requested by staff, pipe material research, permitting with TxDOT and
KCS Railroad, and coordination with the Texas Historical Commission (THC).
Cost of living increase related to Phase III design and construction phase services based on the
contract age.
Construction Phase services for Phase II and III to incorporate more involvement from the
consultant during this phase.
Subsurface Utility Exploration (SUE) for Phase III on an as needed basis.
Survey services for Phase III on an as needed basis.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On July 17, 2012, Council approved the contract with Freese and Nichols, Inc., in the amount of $435,701
(Ordinance 2012-147).
On October 6, 2014, the Purchasing Manager approved the First Amendment in the amount of $26,654.
On July 10, 2017, the City Manager approved the Second Amendment in the amount of $53,800.
On October 8, 2018, the Public Utility Board (PUB) recommended this item to the City Council for
consideration.
RECOMMENDATION
Award a third amendment with Freese and Nichols, Inc., to provide additional design services for the
North-South Water Main Phases II and II Project in the amount of $140,113.60, for a total amended
contract amount of $656,268.60.
PRINCIPAL PLACE OF BUSINESS
Freese and Nichols, Inc.
Fort Worth, TX
ESTIMATED SCHEDULE OF PROJECT
Phase II is scheduled to begin construction January 2019. Phase III Design is scheduled to be complete by
December 2018 with construction beginning in April 2019.
FISCAL INFORMATION
These services will be funded from Account 630282523. PO# 158877 will be revised in the amount of
$140,113.60 to include the third amendment upon approval. The remaining budget amount for this item is
$7,289,462.31.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 2.3 Promote superior utility services and City facilities
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Project Map
Exhibit 3: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Todd Estes at 940-349-8917.
North South Phase II and III Water Line
McKENNA
PARK
SCRIPTURE
PHASEIII
IH35E
UNT
PHASEII
ROSELAWN
1:36,000
September 24, 2018
00.4250.851.7mi
polylineLayer
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00.512km
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Red: Red
Green: Green
Blue: Blue
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1668,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation,
authorizingtheapprovalofChangeOrderNo.4tothecontractbetweentheCityofDentonandCondie
ConstructionCompany,Inc.,fortheCooperCreekInterceptorIandIIproject;providingfortheexpenditureof
fundstherefor;andprovidinganeffectivedate(IFB6576-ChangeOrderNo.4inthenot-to-exceedamountof
$35,723.41,foratotalcontractawardaggregatingto$3,249,548.85).ThePublicUtilitiesBoardrecommends
approval (4-0).
City of DentonPage 1 of 1Printed on 10/12/2018
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: October 16, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal
corporation, authorizing the approval of Change Order No. 4 to the contract between the City of Denton
and Condie Construction Company, Inc., for the Cooper Creek Interceptor I and II project; providing for
the expenditure of funds therefor; and providing an effective date (IFB 6576 Change Order No. 4 in the
not-to-exceed amount of $35,723.41, for a total contract award aggregating to $3,249,548.85). The Public
Utilities Board recommends approval (4-0).
INFORMATION /BACKGROUND
The Cooper Creek Interceptor I and II project consists of the replacement of approximately 7,000 feet of
existing 21 clay sanitary sewer with new 30PVC sanitary sewer. The project is
located along the Cooper Creek between Prominence Parkway and Old North Road. The project is
required due to inadequate carrying capacity in the existing sanitary sewer which overloads the sanitary
sewer upstream of the Cooper Creek Lift Station.
Condie Construction Company, Inc. was awarded the construction contract on December 5, 2017 and
construction started on February 12, 2018. The original construction contract was for $3,137,496. There
have been three change orders so far for a total of $76,329.44. A brief summary of those change orders
follows:
Change Order #1 was for $20,595 and was required in order to extend a bore underneath US 380 to
avoid conflicts with an underground water line and franchise utility line.
Change Order #2 was for $27,539.43 and was required for extra work to remove a conflict
between the new bore and an abandoned water line underneath US 380.
Change Order #3 was for $28,195.01 and was required for extra work and bypass pumping to
remove a conflict between the existing sewer and the new sewer adjacent to the northbound on-
ramp of Loop 288 at US 380.
Change Order No. 4 is required to address numerous unforeseen site conditions that have arisen during
construction, specifically;
A to be re-laid due to the fact that the existing sanitary sewer it
was connecting to was much shallower than the available data indicated.
Removal and disposal of debris from a homeless camp situated on the sewer alignment.
Removal of a to-be-aerial sewer crossing over Cooper Creek.
incoming sewer line.
Removal and replacement of a manhole at Station 36+43 which had to be added to the project
scope because the existing stub-out was unusable.
Additional bypass pumping time required to remove and replace the manhole at Station 36+43.
An increase in the warranty bond cost to cover the additional work required.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On December 5, 2017, Council approved a contract with Condie Construction Company, Inc., in the
amount of $3,137,496 (Ordinance 2017-377).
On April 25, 2018, the Purchasing Manager approved Change Order No. 1 in the amount of $20,595.
On June 1, 2018, the Purchasing Manager approved Change Order No. 2 in the amount of $27,539.43.
On July 3, 2018, the City Manager approved Change Order No. 3 in the amount of $28,195.01.
On October 8, 2018, the Public Utilities Board (PUB) recommended Change Order No. 4 to the City
Council for consideration.
RECOMMENDATION
Staff recommends approval of Change Order No. 4 as there is no other option which allows for the
successful completion of the project.
PRINCIPAL PLACE OF BUSINESS
Condie Construction Company, Inc.
Springville, UT
ESTIMATED SCHEDULE OF PROJECT
February 2018 through October 2108
FISCAL INFORMATION
Funding for this project comes from a combination of existing bond and revenue funds through
Wastewater Utilities. The project numbers are 640295541 and 640295545.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its
vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational
Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly
Community; and Sustainability and Environmental Stewardship. While individual items may support
multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and
goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 2.3 Promote superior utility services and City facilities
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Project Map
Exhibit 3: Ordinance and Change Order No. 4
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Todd Estes at 940-349-8917.
Exhibit 2 Project Map
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1669,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation,
authorizingtheCityManagertoexecuteacontractforthesupplyandinstallationoftreesfortheCityof
DentonParks,Medians,RightofWays,PublicBuildings,andotherCityDepartments,asneeded;providingfor
theexpenditureoffundstherefor;andprovidinganeffectivedate(IFB6811-awardedtoFanninTreeFarm
Sales,LLC,forone(1)year,withtheoptionforthree(3)additionalone(1)yearextensions,inthenot-to-
exceedamountof$800,000fortheParksDepartmentand$406,000fortheSolidWasteLandfillBufferZone
Treeprojectinatotalnot-to-exceedamountof$1,206,000forallyears).ThePublicUtilitiesBoard
recommends approval (4-0).
City of DentonPage 1 of 1Printed on 10/12/2018
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: October 16, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a contract for the supply and installation of trees for the City of
Denton Parks, Medians, Right of Ways, Public Buildings, and other City Departments, as needed; providing
for the expenditure of funds therefor; and providing an effective date (IFB 6811 awarded to Fannin Tree
Farm Sales, LLC, for one (1) year, with the option for three (3) additional one (1) year extensions, in the
not-to-exceed amount of $800,000 for the Parks Department and $406,000 for the Solid Waste Landfill
Buffer Zone Tree project in a total not-to-exceed amount of $1,206,000 for all years). The Public Utilities
Board recommends approval (4-0).
INFORMATION /BACKGROUND
Tree planting and replacement is essential to help beautify our City, provides for cleaner air, and helps
replace our shrinking tree canopy due to expansion and prolonged drought damage. Tree planting has broad
appeal to both the commercial and residential sectors. Tree planting and installation services, once the
contractor has been approved, will provide the following benefits to the City of Denton:
1. The availability to purchase trees and installation services for PARD planting;
2. The availability to purchase trees and installation services by other City departments;
3. The availability of a contractor warranty period for any new plantings;
4. Meet Councils direction for reforestation thru the use of the tree mitigation fund.
5. Meet the requirement to install the Landfill Buffer Zone plantings.
Invitation for Bids was sent to 49 prospective suppliers of this item. In addition, specifications were placed
on the Materials Management website for prospective suppliers to download and advertised in the local
newspaper. Two (2) bids meeting specification were received (Exhibit 2). The lowest bid was received by
Fannin Tree Farm, LLC.
Fannin Tree Farm, LLC is a well-established business and has provided quality work for the City of Denton
on previous occasions. They have provided a consistent, stable work force with Certified Arborists on staff
to supervise the crews. This contractor has provided continuity in the services delivery without any
complaints from the citizens of Denton. Staff has been very pleased with the timeliness of the work and
attention to detail.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On October 8, 2018, the Public Utilities Board (PUB) recommended this item to the City Council for
consideration.
RECOMMENDATION
Award a contract with Fannin Tree Farm Sales, LLC, for the supply of trees for the City of Denton in the
four (4) year not-to-exceed amount of $800,000 for the Parks Department and $406,000 for the Solid Waste
Landfill Buffer Zone Tree project.
PRINCIPAL PLACE OF BUSINESS
Fannin Tree Farm Sales, LLC
Frisco, TX
ESTIMATED SCHEDULE OF PROJECT
This contract will begin immediately upon approval. The optimal time to plant trees is in the fall through
spring.
FISCAL INFORMATION
These service will be funded from Park Department Tree Mitigation Fund, account 224100-7879. Funding
for the Solid Waste Department Landfill Buffer Zone Tree project, account 660891595. Purchase orders
will be issued on an as needed basis.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Sustainable & Environmental Stewardship
Related Goal: 5.2 Improve air quality and greenhouse gas management
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Bid Tabulation
Exhibit 3: Ordinance and Contract
Respectfully submitted:
Lori Hewell, (940) 349-7100
Purchasing Manager
For information concerning this acquisition, contact: Gary Packan, (940) 349-8416 (Parks) or Ethan Cox,
(940) 349-7421 (Solid Waste).
Exhibit 2
IFB 6811 - Bid Tabulation for Tree Supply for the City of Denton
Company Name:Fannin Tree Farm Sales, LLCSRH Landscapes
Principal Place of Business (City & State):
Frisco, TX Dallas, TX
Product Proposal Pricing (PRICING SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED F.O.B.
DESTINATION):
EST. Est Del Est Del
Unit Price Extended Price Unit Price Extended Price
Product Description
Item #ANNUAL UOMARO ARO
w/Warranityw/warrantyw/Warranityw/warranty
QTY(Bus. Days)(Bus. Days)
SECTION A- Purchase Only-2"
110EA 2" Quercus shumardii$ 155.00$ 1,550.005$ 218.30 $ 2,183.004
210EA 2" Quercus virginiana$ 155.00$ 1,550.005$ 218.30 $ 2,183.004
310EA 2" Quercus macrocarpa$ 155.00$ 1,550.005$ 218.30 $ 2,183.004
410EA 2" Quercus muehlenbergii$ 155.00$ 1,550.005$ 218.30 $ 2,183.004
510EA 2" Ulmus crassifolia$ 155.00$ 1,550.005$ 218.30 $ 2,183.004
610EA 2" Pistacia chinensis$ 155.00$ 1,550.005$ 218.30 $ 2,183.004
710EA 2" Cercis canadenis$ 155.00$ 1,550.005$ 218.30 $ 2,183.004
810EA 6'-8' Chilopsis linearis 'Bubba'$ 185.00$ 1,850.005$ 218.30 $ 2,183.004
910EA 6'-8' Lagerstroemia indica-$ 185.00$ 1,850.005$ 106.20 $ 1,062.004
'Muskogee', 'Natchez', Tuscarora'
1010EA 2" Acer x freemanii 'Jeffersred'$ 155.00$ 1,550.005$ 218.30 $ 2,183.004
1110EA 2" Taxodium ascendens$ 155.00$ 1,550.005$ 218.30 $ 2,183.004
1210EA 2" Magnolia grandiflora 'D.D. Blanchard'$ 250.00$ 2,500.005$ 218.30 $ 2,183.004
1310EA 6'-8' Ilex x attenuata 'East Palatka'$ 250.00$ 2,500.005$ 218.30 $ 2,183.004
1410EA 2" Pinus thunbergii$ 250.00$ 2,500.005$ 218.30 $ 2,183.004
SECTION B- PURCHASE AND PLANT-CITY PROVIDES SUPPLIES-3"
1530EA
3" Quercus shumardii$ 325.00$ 9,750.005$ 501.50 $ 15,045.004
1630EA
3" Quercus virginiana$ 325.00$ 9,750.005$ 501.50 $ 15,045.004
1730EA
3" Quercus macrocarpa$ 325.00$ 9,750.005$ 531.00 $ 15,930.004
1830EA
3" Quercus muehlenbergii$ 325.00$ 9,750.005$ 531.00 $ 15,930.004
1930EA
3" Ulmus crassifolia$ 325.00$ 9,750.005$ 501.50 $ 15,045.004
2030EA
3" Pistacia chinensis$ 325.00$ 9,750.005$ 501.50 $ 15,045.004
2130EA
3" Cercis canadenis$ 325.00$ 9,750.005$ 501.50 $ 15,045.004
2230EA
3" Platanus occidentalis-male only$ 395.00$ 11,850.005$ 501.50 $ 15,045.004
2330EA
3" Populus deltoids-male only$ 395.00$ 11,850.005$ 501.50 $ 15,045.00
2430EA
3" Carya illinoinensis$ 325.00$ 9,750.005$ 708.00 $ 21,240.004
2530EA
3" Pinus eldarica$ 325.00$ 9,750.005$ 501.50 $ 15,045.004
2630EA
6'-8' Chilopsis linearis 'Bubba'$ 315.00$ 9,450.005$ 230.10 $ 6,903.004
2730EA
6'-8' Lagerstroemia indica-$ 315.00$ 9,450.005$ 230.10 $ 6,903.004
'Muskogee', 'Natchez', Tuscarora'
2830EA
2" Acer x freemanii 'Jeffersred'$ 325.00$ 9,750.005$ 501.50 $ 15,045.004
2930EA
2" Taxodium ascendens$ 325.00$ 9,750.005$ 501.50 $ 15,045.004
3030EA
2" Magnolia grandiflora 'D.D. Blanchard'$ 325.00$ 9,750.005$ 501.50 $ 15,045.004
3130EA
6'-8' Ilex x attenuata 'East Palatka'$ 325.00$ 9,750.005$ 501.50 $ 15,045.004
3230EA
2" Pinus thunbergii$ 325.00$ 9,750.005$ 501.50 $ 15,045.004
SECTION C- PURCHASE AND PLANT-VENDOR PROVIDES SUPPLIES-3" TURN KEY
33200EA
3" Quercus shumardii$ 400.00$ 80,000.005$ 531.00 $ 106,200.004
34200EA
3" Quercus virginiana$ 400.00$ 80,000.005$ 531.00 $ 106,200.004
35200EA
3" Quercus macrocarpa$ 400.00$ 80,000.005$ 560.50 $ 112,100.004
36200EA
3" Quercus muehlenbergii$ 400.00$ 80,000.005$ 560.50 $ 112,100.00
37100EA
3" Ulmus crassifolia$ 400.00$ 40,000.005$ 531.00 $ 53,100.004
38200EA
3" Pistacia chinensis$ 400.00$ 80,000.005$ 531.00 $ 106,200.004
3930EA
3" Cercis canadenis$ 400.00$ 12,000.005$ 531.00 $ 15,930.004
4030EA
3" Platanus occidentalis-male only$ 470.00$ 14,100.005$ 531.00 $ 15,930.004
4130EA
3" Populus deltoids-male only$ 470.00$ 14,100.005$ 531.00 $ 15,930.004
4230EA
3" Carya illinoinensis$ 400.00$ 12,000.005$ 767.00 $ 23,010.004
4330EA
3" Pinus eldarica$ 400.00$ 12,000.005$ 531.00 $ 15,930.004
4430EA
6'-8' Chilopsis linearis 'Bubba'$ 400.00$ 12,000.005$ 265.50 $ 7,965.004
4530EA
6'-8' Lagerstroemia indica-$ 400.00$ 12,000.005$ 265.50 $ 7,965.004
'Muskogee', 'Natchez', Tuscarora'
46200EA
3" Acer x freemanii 'Jeffersred'$ 400.00$ 80,000.005$ 531.00 $ 106,200.004
47200EA
3" Taxodium ascendens$ 400.00$ 80,000.005$ 531.00 $ 106,200.004
48200EA
3" Magnolia grandiflora 'D.D. Blanchard'$ 450.00$ 90,000.005$ 531.00 $ 106,200.004
4950EA
6'-8' Ilex x attenuata 'East Palatka'$ 450.00$ 22,500.005$ 531.00 $ 26,550.004
5050EA
3" Pinus thunbergii$ 450.00$ 22,500.005$ 531.00 $ 26,550.00
SECTION D-PURCHASE AND PLANT-CITY PROVIDES SUPPLIES-4"
5110EA
4" Quercus shumardii$ 525.00$ 5,250.005$ 973.50 $ 9,735.004
5210EA
4" Quercus virginiana$ 525.00$ 5,250.005$ 973.50 $ 9,735.004
5310EA
4" Quercus macrocarpa$ 525.00$ 5,250.005$ 973.50 $ 9,735.004
5410EA
4" Quercus muehlenbergii$ 525.00$ 5,250.005$ 973.50 $ 9,735.004
5510EA
4" Ulmus crassifolia$ 525.00$ 5,250.005$ 973.50 $ 9,735.004
5610EA
4" Pistacia chinensis$ 525.00$ 5,250.005$ 973.50 $ 9,735.004
5710EA
4" Cercis canadenis$ 525.00$ 5,250.005$ 973.50 $ 9,735.004
5810EA
4" Platanus occidentalis-male only$ 625.00$ 6,250.005$ 973.50 $ 9,735.004
5910EA
4" Populus deltoids-male only$ 625.00$ 6,250.005$ 973.50 $ 9,735.004
6010EA
4" Carya illinoinensis$ 550.00$ 5,500.005$ 973.50 $ 9,735.004
6110EA
4" Pinus eldarica$ 495.00$ 4,950.005$ 973.50 $ 9,735.004
6210EA
6'-8' Chilopsis linearis 'Bubba'$ 400.00$ 4,000.005$ 973.50 $ 9,735.004
6310EA
6'-8' Lagerstroemia indica-$ 400.00$ 4,000.005$ 973.50 $ 9,735.004
'Muskogee', 'Natchez', Tuscarora'
6410EA
4" Acer x freemanii 'Jeffersred'$ 525.00$ 5,250.005$ 973.50 $ 9,735.004
6510EA
4" Taxodium ascendens$ 525.00$ 5,250.005$ 973.50 $ 9,735.004
6610EA
4" Magnolia grandiflora 'D.D. Blanchard'$ 925.00$ 9,250.005$ 973.50 $ 9,735.004
6710EA
6'-8' Ilex x attenuata 'East Palatka'$ 450.00$ 4,500.005$ 973.50 $ 9,735.004
6810EA
4" Pinus thunbergii$ 525.00$ 5,250.005$ 973.50 $ 9,735.004
SECTION E- PURCHASE AND PLANT-VENDOR PROVIDES SUPPLIES-4" TURN KEY
6910EA
4" Quercus shumardii$ 625.00$ 6,250.005$ 1,032.50 $ 10,325.004
7010EA
4" Quercus virginiana$ 625.00$ 6,250.005$ 1,032.50 $ 10,325.004
7110EA
4" Quercus macrocarpa$ 625.00$ 6,250.005$ 1,032.50 $ 10,325.004
IFB 6811 - Bid Tabulation for Tree Supply for the City of Denton
Company Name:Fannin Tree Farm Sales, LLCSRH Landscapes
Principal Place of Business (City & State):
Frisco, TX Dallas, TX
Product Proposal Pricing (PRICING SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED F.O.B.
DESTINATION):
EST. Est Del Est Del
Unit Price Extended Price Unit Price Extended Price
Product Description
Item #ANNUAL UOMARO ARO
w/Warranityw/warrantyw/Warranityw/warranty
QTY(Bus. Days)(Bus. Days)
SECTION A- Purchase Only-2"
7210EA
4" Quercus muehlenbergii$ 625.00$ 6,250.005$ 1,032.50 $ 10,325.004
7310EA
4" Ulmus crassifolia$ 625.00$ 6,250.005$ 1,032.50 $ 10,325.004
7410EA
4" Pistacia chinensis$ 625.00$ 6,250.005$ 1,032.50 $ 10,325.004
7510EA
4" Cercis canadenis$ 625.00$ 6,250.005$ 1,032.50 $ 10,325.004
7610EA
4" Platanus occidentalis-male only$ 725.00$ 7,250.005$ 1,032.50 $ 10,325.004
7710EA
4" Populus deltoids-male only$ 725.00$ 7,250.005$ 1,032.50 $ 10,325.00
7810EA
4" Carya illinoinensis$ 650.00$ 6,500.005$ 1,032.50 $ 10,325.004
7910EA
4" Pinus eldarica$ 595.00$ 5,950.005$ 1,032.50 $ 10,325.004
8010EA
6'-8' Chilopsis linearis 'Bubba'$ 400.00$ 4,000.005$ 1,032.50 $ 10,325.004
8110EA
6'-8' Lagerstroemia indica-$ 400.00$ 4,000.005$ 1,032.50 $ 10,325.004
'Muskogee', 'Natchez', Tuscarora'$ -
8210EA
4" Acer x freemanii 'Jeffersred'$ 625.00$ 6,250.005$ 1,032.50 $ 10,325.004
8310EA
4" Taxodium ascendens$ 625.00$ 6,250.005$ 1,032.50 $ 10,325.004
8410EA
4" Magnolia grandiflora 'D.D. Blanchard'$ 1,025.00$ 10,250.005$ 1,032.50 $ 10,325.004
8510EA
6'-8' Ilex x attenuata 'East Palatka'$ 450.00$ 4,500.005$ 1,032.50 $ 10,325.004
8610EA
4" Pinus thunbergii$ 625.00$ 6,250.005$ 1,032.50 $ 10,325.004
SECTION F - PURCHASE AND PLANT-CITY PROVIDES SUPPLIES-5"
872EA
5" Quercus shumardii$ 925.00$ 1,850.005$ 1,298.00 $ 2,596.004
882EA
5" Quercus virginiana$ 925.00$ 1,850.005$ 1,298.00 $ 2,596.004
892EA
5" Quercus macrocarpa$ 925.00$ 1,850.005$ 1,298.00 $ 2,596.004
902EA
5" Quercus muehlenbergii$ 925.00$ 1,850.005$ 1,298.00 $ 2,596.00
912EA
5" Ulmus crassifolia$ 925.00$ 1,850.005$ 1,298.00 $ 2,596.004
922EA
5" Pistacia chinensis$ 925.00$ 1,850.005$ 1,298.00 $ 2,596.004
932EA
5" Cercis canadenis$ 995.00$ 1,990.005$ 1,298.00 $ 2,596.004
942EA
5" Platanus occidentalis-male only$ 995.00$ 1,990.005$ 1,298.00 $ 2,596.004
952EA
5" Populus deltoids-male only$ 995.00$ 1,990.005$ 1,298.00 $ 2,596.004
962EA
5" Carya illinoinensis$ 995.00$ 1,990.005$ 1,298.00 $ 2,596.004
972EA
5" Pinus eldarica$ 895.00$ 1,790.005$ 1,298.00 $ 2,596.004
982EA
8'-10' Chilopsis linearis 'Bubba'$ 695.00$ 1,390.005$ 1,298.00 $ 2,596.004
992EA
8'-10' Lagerstroemia indica-$ 695.00$ 1,390.005$ 1,298.00 $ 2,596.004
'Muskogee', 'Natchez', Tuscarora'
1002EA
5" Acer x freemanii 'Jeffersred'$ 925.00$ 1,990.005$ 1,298.00 $ 2,596.004
1012EA
5" Taxodium ascendens$ 925.00$ 1,990.005$ 1,298.00 $ 2,596.004
1022EA
5" Magnolia grandiflora 'D.D. Blanchard'$ 1,650.00$ 1,990.005$ 1,298.00 $ 2,596.004
1032EA
8'-10' Ilex x attenuata 'East Palatka'$ 895.00$ 1,990.005$ 1,298.00 $ 2,596.004
1042EA
5" Pinus thunbergii$ 895.00$ 1,790.005$ 1,298.00 $ 2,596.00
SECTION G- PURCHASE AND PLANT-VENDOR PROVIDES SUPPLIES-5" TURN KEY
1052EA
5" Quercus shumardii$ 1,075.00$ 2,150.005$ 1,357.00 $ 2,714.004
1062EA
5" Quercus virginiana$ 1,075.00$ 2,150.005$ 1,357.00 $ 2,714.004
1072EA
5" Quercus macrocarpa$ 1,075.00$ 2,150.005$ 1,357.00 $ 2,714.004
1082EA
5" Quercus muehlenbergii$ 1,075.00$ 2,150.005$ 1,357.00 $ 2,714.004
1092EA
5" Ulmus crassifolia$ 1,075.00$ 2,150.005$ 1,357.00 $ 2,714.004
1102EA
5" Pistacia chinensis$ 1,075.00$ 2,150.005$ 1,357.00 $ 2,714.004
1112EA
5" Cercis canadenis$ 1,145.00$ 2,150.005$ 1,357.00 $ 2,714.004
1122EA
5" Platanus occidentalis-male only$ 1,145.00$ 2,150.005$ 1,357.00 $ 2,714.004
1132EA
5" Populus deltoids-male only$ 1,145.00$ 2,150.005$ 1,357.00 $ 2,714.004
1142EA
5" Carya illinoinensis$ 1,145.00$ 2,150.005$ 1,357.00 $ 2,714.004
1152EA
5" Pinus eldarica$ 1,045.00$ 2,150.005$ 1,357.00 $ 2,714.004
1162EA
8'-10' Chilopsis linearis 'Bubba'$ 845.00$ 2,150.005$ 1,357.00 $ 2,714.004
1172EA
8'-10' Lagerstroemia indica-$ 845.00$ 2,150.005$ 1,357.00 $ 2,714.004
'Muskogee', 'Natchez', Tuscarora'
1182EA
5" Acer x freemanii 'Jeffersred'$ 1,075.00$ 2,290.005$ 1,357.00 $ 2,714.004
1192EA
5" Taxodium ascendens$ 1,075.00$ 2,290.005$ 1,357.00 $ 2,714.004
1202EA
5" Magnolia grandiflora 'D.D. Blanchard'$ 1,800.00$ 2,290.005$ 1,357.00 $ 2,714.004
1212EA
8'-10' Ilex x attenuata 'East Palatka'$ 1,045.00$ 2,290.005$ 1,357.00 $ 2,714.004
1222EA
5" Pinus thunbergii$ 1,045.00$ 2,090.005$ 1,357.00 $ 2,714.004
SECTION H- PURCHASE AND PLANT-CITY PROVIDES SUPPLIES-6"
1231EA
6" Quercus shumardii$ 1,650.00$ 1,650.005$ 1,711.00 $ 1,711.004
1241EA
6" Quercus virginiana$ 1,650.00$ 1,650.005$ 1,711.00 $ 1,711.004
1251EA
6" Quercus macrocarpa$ 1,650.00$ 1,650.005$ 1,711.00 $ 1,711.004
1261EA
6" Quercus muehlenbergii$ 1,650.00$ 1,650.005$ 1,711.00 $ 1,711.004
1271EA
6" Ulmus crassifolia$ 1,650.00$ 1,650.005$ 1,711.00 $ 1,711.004
1281EA
6" Pistacia chinensis$ 1,650.00$ 1,650.005$ 1,711.00 $ 1,711.004
1291EA
6" Cercis canadenis$ 1,650.00$ 1,650.005$ 1,711.00 $ 1,711.004
1301EA
6" Platanus occidentalis-male only$ 1,650.00$ 1,650.005$ 1,711.00 $ 1,711.004
1311EA
6" Populus deltoids-male only$ 1,650.00$ 1,650.005$ 1,711.00 $ 1,711.004
1321EA
6" Carya illinoinensis$ 1,650.00$ 1,650.005$ 1,711.00 $ 1,711.004
1331EA
6" Pinus eldarica$ 1,650.00$ 1,650.005$ 1,711.00 $ 1,711.004
1341EA
8'-10' Chilopsis linearis 'Bubba'$ 695.00$ 1,650.005$ 1,711.00 $ 1,711.004
1351EA
8'-10' Lagerstroemia indica-$ 695.00$ 695.005$ 1,711.00 $ 1,711.004
'Muskogee', 'Natchez', Tuscarora'$ -
1361EA
6"Acer x freemanii 'Jeffersred'$ 1,650.00$ 1,650.005$ 1,711.00 $ 1,711.004
1371EA
6" Taxodium ascendens$ 1,650.00$ 1,650.005$ 1,711.00 $ 1,711.004
1381EA
6" Magnolia grandiflora 'D.D. Blanchard'$ 2,450.00$ 1,650.005$ 1,711.00 $ 1,711.004
1391EA
8'-10' Ilex x attenuata 'East Palatka'$ 895.00$ 1,650.005$ 1,711.00 $ 1,711.004
1401EA
6" Pinus thunbergii$ 1,650.00$ 1,650.005$ 1,711.00 $ 1,711.004
SECTION I- PURCHASE AND PLANT-VENDOR PROVIDES SUPPLIES-6" TURN KEY
1411EA
6" Quercus shumardii$ 1,800.00$ 1,800.005$ 1,770.00 $ 1,770.004
1421EA
6" Quercus virginiana$ 1,800.00$ 1,800.005$ 1,770.00 $ 1,770.004
1431EA
6" Quercus macrocarpa$ 1,800.00$ 1,800.005$ 1,770.00 $ 1,770.004
IFB 6811 - Bid Tabulation for Tree Supply for the City of Denton
Company Name:Fannin Tree Farm Sales, LLCSRH Landscapes
Principal Place of Business (City & State):
Frisco, TX Dallas, TX
Product Proposal Pricing (PRICING SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED F.O.B.
DESTINATION):
EST. Est Del Est Del
Unit Price Extended Price Unit Price Extended Price
Product Description
Item #ANNUAL UOMARO ARO
w/Warranityw/warrantyw/Warranityw/warranty
QTY(Bus. Days)(Bus. Days)
SECTION A- Purchase Only-2"
1441EA
6" Quercus muehlenbergii$ 1,800.00$ 1,800.005$ 1,770.00 $ 1,770.00
1451EA
6" Ulmus crassifolia$ 1,800.00$ 1,800.005$ 1,770.00 $ 1,770.004
1461EA
6" Pistacia chinensis$ 1,800.00$ 1,800.005$ 1,770.00 $ 1,770.004
1471EA
6" Cercis canadenis$ 1,800.00$ 1,800.005$ 1,770.00 $ 1,770.004
1481EA
6" Platanus occidentalis-male only$ 1,800.00$ 1,800.005$ 1,770.00 $ 1,770.004
1491EA
6" Populus deltoids-male only$ 1,800.00$ 1,800.005$ 1,770.00 $ 1,770.004
1501EA
6" Carya illinoinensis$ 1,800.00$ 1,800.005$ 1,770.00 $ 1,770.004
1511EA
6" Pinus eldarica$ 1,800.00$ 1,800.005$ 1,770.00 $ 1,770.004
1521EA
8'-10' Chilopsis linearis 'Bubba'$ 845.00$ 845.005$ 1,770.00 $ 1,770.004
1531EA
8'-10' Lagerstroemia indica-$ 845.00$ 845.005$ 1,770.00 $ 1,770.004
'Muskogee', 'Natchez', Tuscarora'$ - $ - 4
1541EA
6" Acer x freemanii 'Jeffersred'$ 1,800.00$ 1,800.005$ 1,770.00 $ 1,770.004
1551EA
6" Taxodium ascendens$ 1,800.00$ 1,800.005$ 1,770.00 $ 1,770.004
1561EA
6" Magnolia grandiflora 'D.D. Blanchard'$ 2,600.00$ 2,600.005$ 1,770.00 $ 1,770.004
1571EA
8'-10' Ilex x attenuata 'East Palatka'$ 1,045.00$ 1,045.005$ 1,770.00 $ 1,770.004
1581EA
6" Pinus thunbergii$ 1,800.00$ 1,800.005$ 1,770.00 $ 1,770.00
SECTION J- PURCHASE AND PLANT-VENDOR PROVIDES SUPPLIES (CANOPY
TREE)Phase One-TURN KEY (LANDFILL BUFFER ZONE)
15918EA
Sweetgum- Liquidamber Styraciflua$ 950.00$ 17,100.005$ 737.50 $ 13,275.007
16018EA
RED Cedar- Juniperus Virginiana $ 795.00$ 14,310.005$ 678.50 $ 12,213.007
16118EA
Afghan Pine- Pinus Eldarica$ 795.00$ 14,310.005$ 737.50 $ 13,275.007
1629EA
Burr Oak- Quercus Maccrocarpa$ 795.00$ 7,155.005$ 737.50 $ 6,637.507
1639EA
Lacebark Elm- Ulumus Parvifolia$ 795.00$ 7,155.005$ 737.50 $ 6,637.507
1649EA
Pecan- Carya Illinoisensis$ 795.00$ 7,155.005$ 737.50 $ 6,637.507
1658EA
River Birch- Betula Nigra$ 795.00$ 6,360.005$ 737.50 $ 5,900.007
SECTION K - PURCHASE AND PLANT-VENDOR PROVIDES SUPPLIES (CANOPY TREE)
Phase Two- TURN KEY (LANDFILL BUFFER ZONE)
1667EA
Sweetgum- Liquidamber Styraciflua$ 950.00$ 6,650.005$ 737.50 $ 5,162.507
1677EA
RED Cedar- Juniperus Virginiana $ 795.00$ 5,565.005$ 678.50 $ 4,749.507
1687EA
Afghan Pine- Pinus Eldarica$ 795.00$ 5,565.005$ 737.50 $ 5,162.507
1694EA
Burr Oak- Quercus Maccrocarpa$ 795.00$ 3,180.005$ 737.50 $ 2,950.007
1704EA
Lacebark Elm- Ulumus Parvifolia$ 795.00$ 3,180.005$ 737.50 $ 2,950.007
1714EA
Pecan- Carya Illinoisensis$ 795.00$ 3,180.005$ 737.50 $ 2,950.007
1723EA
River Birch- Betula Nigra$ 795.00$ 2,385.005$ 737.50 $ 2,212.507
SECTION L - PURCHASE AND PLANT-VENDOR PROVIDES SUPPLIES (UNDERSTORY
TREE) Phase One- TURN KEY (LANDFILL BUFFER ZONE)
17322EA
ARBOR VITAE- Thuga Accidentails$ 495.00$ 10,890.005$ 560.50 $ 12,331.007
17422EA
EAST PALATKA HOLLY- Ilex East Palatka $ 950.00$ 20,900.005$ 560.50 $ 12,331.007
MEXICAN/ OKLAHOMA REDBUD- Cercic Canadensis Var. Mexicana or
17513EA
$ 495.00$ 6,435.005$ 560.50 $ 7,286.507
"Oklahoma"
17613EA
MEXICAN PLUM- Prunus Mexicana $ 495.00$ 6,435.005$ 560.50 $ 7,286.507
1779EA
STEVENS HOLLY- Ilex Nelli R Stevens $ 495.00$ 4,455.005$ 560.50 $ 5,044.507
1789EA
POSSIUMHAW HOLLY- Ilex Decidua $ 495.00$ 4,455.005$ 560.50 $ 5,044.507
SECTION M - PURCHASE AND PLANT-VENDOR PROVIDES SUPPLIES (UNDERSTORY
TREE) Phase Two- TURN KEY (LANDFILL BUFFER ZONE)
17936EA
ARBOR VITAE- Thuga Accidentails$ 495.00$ 17,820.005$ 560.50 $ 20,178.007
18036EA
EAST PALATKA HOLLY- Ilex East Palatka $ 950.00$ 34,200.005$ 560.50 $ 20,178.007
MEXICAN/ OKLAHOMA REDBUD- Cercic Canadensis Var.
18122EA
$ 495.00$ 10,890.005$ 560.50 $ 12,331.007
Mexicana or "Oklahoma"
18222EA
MEXICAN PLUM- Prunus Mexicana $ 495.00$ 10,890.005$ 560.50 $ 12,331.007
18314EA
STEVENS HOLLY- Ilex Nelli R Stevens $ 495.00$ 6,930.005$ 560.50 $ 7,847.007
18414EA
POSSIUMHAW HOLLY- Ilex Decidua $ 495.00$ 6,930.005$ 560.50 $ 7,847.007
Total Cost of Products
$ 1,613,190.00$ 2,021,546.50
Total Cost of Products with percentage discount included
$ 1,580,926.20$ 1,920,469.17
Contract Total (4 Years)
$ 1,206,000.00
Options:
Product Description
PRICEPRICE
Item #QTYUOM
1851EADiscounted Percentage off of Published Price35.00%5.00%
1861EAPrice for Removal and Replacement of Dead Tree 3"$400.00$650.00
1871EAPrice for Removal and Replacement of Dead Tree 4"$625.00$1,250.00
1881EAPrice for Removal and Replacement of Dead Tree 5"$1,075.00$1,750.00
Price for Removal and Replacement of Dead Tree 6"$1,800.00$2,250.00
1891EA
Additional Additional
Payment Terms
Discount %Discount %
Invoice Paid in 15 days2.00%5.00%
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under IFB 6811to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION 6. That this ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by __________________________ and seconded by
_________________________________, the ordinance was passed and approved by the following
vote \[___ - ___\]:
Aye Nay Abstain Absent
Mayor Chris Watts: ______ ______ ____________
Gerard Hudspeth, District 1: ______ ______ ______ ______
Keely G. Briggs, District 2: ______ ______ ______ ______
Don Duff, District 3: ______ ______ ____________
John Ryan, District 4: ______ ______ ____________
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _______ day of ___________________________, 2018.
__________________________________
CHRIS WATTS, MAYOR
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1671,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation,
authorizingtheCityManagertoexecuteacontractwithSymetraLifeInsuranceCompanyforthesupplyof
BasicandSupplementalLifeInsurance/AccidentalDeathandDismemberment,VoluntaryShortTerm
DisabilityandGroupLongTermDisabilityInsurancefortheCityofDenton;providingfortheexpenditureof
fundstherefor;andprovidinganeffectivedate(RFP6808-awardedtoSymetraLifeInsuranceCompanyfor
three(3)years,withtheoptionfortwo(2)additionalone(1)yearextensions,inatotalnot-to-exceedamountof
$3,726,500 for all years).
City of DentonPage 1 of 1Printed on 10/12/2018
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: October 16, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation,
authorizing the City Manager to execute an administration of Basic and Supplemental Life
Insurance/Accidental Death and Dismemberment, Voluntary Short Term Disability and Group Long Term
Disability Insurance contract with Symetra Life Insurance Company for the City of Denton; providing for
the expenditure of funds therefor; and providing an effective date (RFP 6808- awarded to Symetra Life
Insurance Company for three (3) years, with the option for two (2) additional one (1) year extensions, in a
total not-to-exceed amount of $3,726,500 for all years). The actual cost will be determined by the number
life insurance and short term disability insurance is voluntary and is a pass through cost that is paid by the
employee.
RFP INFORMATION /BACKGROUND
The City requested competitive proposals for Basic and Supplemental Life Insurance/Accidental Death and
Dismemberment (AD&D), Voluntary Short Term Disability, and Group Long Term Disability benefits for
employees as part o
the Group Long Term Disability are paid for by the City, while the cost for the Supplemental Life and
Voluntary Short Term Disability are paid for by the employee. Employees can choose additional
Supplemental Life for themselves and for their dependent spouse and children. Premiums are determined
by the emp
These benefits have been provided through Dearborn National Life Insurance Company since January 1,
2016. While Dearborn has been a good partner during this time period, the last of our one-year renewals
ends on December 31, 2018.
Requests for Proposals was sent to 130 prospective suppliers of this item. In addition, specifications were
placed on the Materials Management website for prospective suppliers to download and advertised in the
local newspaper. Ten (10) proposals were received and evaluated based upon published criteria including
compliance with specifications, probable performance and price. Based upon this evaluation, Symetra Life
Insurance Company was ranked the highest and determined to be the best value for the City (Exhibit 2).
Table 1 below lists the companies that responded as well as the comparison of the proposed prices for the
City-paid Basic Life and Long-Term Disability benefits as compared to the current cost through Dearborn:
Table 1 Proposed Basic Life/AD&D and Long Term Disability Rates
Company Increase (Decrease) to Current Rates
Dearborn (Incumbent) Same as current rates
The Hartford 15.91%
Liberty National 65.78%
Mutual of Omaha (7.95%)
Securian (6.68%)
Standard Same as current rates
Symetra (16.71%)
United Healthcare 63.13%
UNUM 45.07%
Voya 45.07%
All the Basic and Supplemental Life/AD&D, Voluntary Short Term Disability, and Group Long Term
Disability proposals were reviewed and scored by an evaluation team that included representatives from
mbers from Human Resources.
In evaluating the proposals, each of the respondents offered almost identical rates and benefits for both
the Voluntary Supplemental Life and Voluntary Short Term Disability insurance plans, which are fully
paid for by the employees. The remainder of the evaluation focused on the combined cost and benefits
for the City-paid Basic Life/AD&D and Group Long Term Disability.
Based on our evaluation of the proposals, both staff and our benefits consultant, McGriff, Seibels, &
Williams, are recommending purchasing Basic and Supplemental Life Insurance/AD&D, Voluntary Short
Term Disability, and Group Long Term Disability Insurance from Symetra Life Insurance Company.
Symetraity with an estimated annual savings of
$28,500, with a three-year rate guarantee and potentially, a fourth year if the loss ratio is under 77%
as of July 2021.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Council previously awarded a contract for the provision Basic and Supplemental Life
Insurance/Accidental Death and Dismemberment, Voluntary Short Term Disability, and Group Long Term
Disability Insurance to Dearborn National Life Insurance Company on September 14, 2015.
RECOMMENDATION
Staff recommends awarding a contract to Symetra Life Insurance Company for the provision of Basic &
Supplemental Life/AD&D, Short Term and Long Term Disability Insurance for the City and our employees.
Symetra represents that best overall value for the City.
PRINCIPAL PLACE OF BUSINESS
Symetra Life Insurance Company
Bellevue, Washington
ESTIMATED SCHEDULE OF PROJECT
Services under this contract will begin January 1, 2019. The initial contract will be three (3) years with
options to renew for an additional two (2) one-year periods.
FISCAL INFORMATION
Expenses for these benefits are funded as follows:
Benefit Account Number FY 18/19 Budget
Basic & Supplemental Life Insurance 850500.6716 $455,700
Long-Term Disability 850500.6163 $121,500
Short-Term Disability 850500.6167 $185,000
Total $762,200
The not-to-exceed contract amount was calculated based on the following:
Benefit Estimated Annual Cost
Basic Life and Long-term Disability Insurance $142,096
Supplemental Life (rates and age bands remain the same) $375,786
Short-term Disability $184,018
Annual Total Cost $701,900
Three percent (3%) Annual Increase for Increased Employee Participation:
Year 1 $701,900
Year 2 $722,956
Year 3 $744,645
Year 4 $766,954
Year 5 $789,994
Total Not-To-Exceed Contract Cost (rounded) $3,726,500
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
Related Goal: 1.2 Develop a high-performance work force
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Evaluation Ranking Sheet
Exhibit 3: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Scott Payne, Risk Manager, 940-349-7836
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1677,Version:1
AGENDA CAPTION
Consider adoption of an Ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation,
authorizing the approval of a first amendment to a Professional Services Agreement between the City of Denton
and Teague Nall and Perkins, Inc., amending the contract approved by City Council on October 18, 2016, in the
not-to-exceed amount of $500,000 for Professional Surveying Services; providing for the expenditure of funds
therefor; and providing an effective date (File 6189 - providing for a first amendment expenditure amount not-
to-exceed $170,000, with the total contract amount not-to-exceed $670,000).
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: October 16, 2018
SUBJECT
Consider adoption of an Ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation,
authorizing the approval of a first amendment to a Professional Services Agreement between the City of
Denton and Teague Nall and Perkins, Inc., for Professional Surveying Services for the City of Denton,
amending the contract approved by City Council on October 18, 2016, in the not-to-exceed amount of
$500,000; providing for the expenditure of funds therefor; and providing an effective date (File 6189
providing for an additional expenditure amount not-to-exceed $170,000, for a total contract amount not-to-
exceed $670,000).
INFORMATION /BACKGROUND
The City of Denton has contracted for survey services through a series of indefinite delivery type
professional services agreements since Fiscal Year 2003. Since 2016, the current contract, valued at
$500,000, has been with Teague Nall & Perkins, Inc. Services provided under the current contract include:
Construction staking
Field design surveys
Topographic surveys
Boundary surveys
Preparation of easement or right-of-way exhibits
GPS monument placement
Subsurface utility engineering
Other professional surveying services as requested
This contract can be utilized by all City Departments as required to complete municipal projects and is used
often by the Capital Projects, Water, Wastewater, Drainage, Streets and Parks Departments and DME.
The City has now depleted the full amount of the contract value and needs to add an additional $170,000 to
the contract to permit surveying work to continue until a new RFQ can be issued for annual surveying
services. The $170,000 will allow for payment of services currently underway plus an additional four
months of surveying services based on historical average use of the contract by all Departments. The total
not-to-exceed amount of the contract after Amendment No. 1 will be $670,000.00.
Teague Nall & Perkins has performed well in the execution of professional surveying services for the City
of Denton, delivering projects in a timely and efficient manner. Their qualifications to perform these
services have been clearly demonstrated to the satisfaction of staff across the organization. The amendment
will enable City staff to continue design work until a new contract for surveying services can be awarded
Q process.
The proposed fee amount for these professional services is set by the pricing structure in the current contract.
Based upon average historical usage rates, the fee should be sufficient to provide surveying services for an
additional four months.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
City Council approved the original surveying contract on October 18, 2016 (Ordinance 2016-321).
RECOMMENDATION
Staff recommends approval of Amendment No. 1 to Professional Services Agreement contract #6189
with Teague Nall & Perkins, Inc., for Professional Surveying Services, in a not-to-exceed amount of
$170,000. The total not-to-exceed amount of the contract after Amendment No. 1 will be $670,000.00.
PRINCIPAL PLACE OF BUSINESS
Teague Nall & Perkins, Inc.
Fort Worth, TX
ESTIMATED SCHEDULE OF PROJECT
Use of the amendment will start immediately upon its adoption and continue until the funds are expended.
It is estimated that the $170,000 will cover approximately four months of additional surveying services.
FISCAL INFORMATION
These services will be funded by the City departments requesting the services on a project-by-project
basis with individual purchase orders being issued for each surveying request.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 2.5 Develop Capital Improvement Program (CIP) based on community
needs
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Ordinance and First Amendment
Respectfully submitted:
Lori Hewell, 349-7148
Purchasing Manager
For information concerning this acquisition, contact: Chad Allen, P.E., 349-7713
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1711,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,Texas,grantingtheBackDough+Bandsfestival,
pursuanttoSection17-20oftheCodeofOrdinances,anoiseexceptiononSunday,October21,fromnoonto
5p.m.inQueenie’sSteakhouseparkinglotlocatedat115E.HickorySt.;grantingavarianceinhoursof
operation amplified sound levels for an outdoor music festival; and providing for an effective date.
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City of Denton
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
AGENDA INFORMATION SHEET
DEPARTMENT: Parks and Recreation
DCM: Bryan Langley
DATE: October 16, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, granting the Back Dough +
Bands festival, pursuant to Section 17-20 of the Code of Ordinances, a noise exception on
Sunday, October 21, from noon to 5 p.m. in at 115 E.
Hickory St.; granting a variance in hours of operation amplified sound levels for an outdoor music
festival; and providing for an effective date.
BACKGROUND
Julia Luna, the event coordinator of the Back Dough + Bands festival, requests an exception to the
noise ordinance for a variance in hours of operation for amplified sound levels on Sunday, October
21, from noon to 5 p.m.
RECOMMENDATION
Staff recommends approval.
PRIOR ACTION/REVIEW
No prior action.
STRATEGIC PLAN RELATIONSHIP
The City of DeStrategic Plan is an action-oriented road map that will help the City achieve
its vision. The foundation for the plan is the five long-term Key Focus Areas
(KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Liveable,
and Family-Friendly Community; and Sustainability and Environmental Stewardship. While
individual items may support multiple KFAs, this specific City Council agenda item contributes
most directly to the following KFA and goal:
Related Key Focus Area: Safe, Liveable & Family-Friendly Community
Related Goal: 4.4 Provide outstanding leisure, cultural, and educational
opportunities
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Ordinance
Exhibit 3 Letter of Request
Respectfully submitted:
Gary Packan
Director
Prepared by:
Janie McLeod
Community Events Coordinator
Exhibit 2
Exhibit 3
August 24, 2018
festival
Oct. 21st, 2018
The festival will be held in QueenieÈs parking lot.
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1712,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,Texas,grantingTheVillageChurchDenton,pursuant
toSection17-20oftheCodeofOrdinances,anoiseexceptiononSunday,October21,from10a.m.to11a.m.
atSouthLakesPark;grantingavarianceinhoursofoperationforamplifiedsoundlevelsforanoutdoorevent;
and providing an effective date.
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City of Denton
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
______________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Parks and Recreation
DCM: Bryan Langley
DATE: October 16, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, granting The Village Church
Denton, pursuant to Section 17-20 of the Code of Ordinances, a noise exception on Sunday,
October 21, from 10 a.m. to 11 a.m. at South Lakes Park; granting a variance in hours of operation
for amplified sound levels for an outdoor event; and providing an effective date.
BACKGROUND
John Warren, a pastor at The Village Church Denton, requests an exception to the noise ordinance
for a variance in hours of operation for amplified sound levels on Sunday, October 21, from 10
a.m. to 11 a.m.
RECOMMENDATION
Staff recommends approval.
PRIOR ACTION/REVIEW
On March 20, 2018, the City Council approved an exception to the noise ordinance for The Village
Church Denton for the same request at North Lakes Park under Ordinance 18-401.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve
its vision. The foundation for the plan is the five long-term Key Focus Areas
(KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Liveable,
and Family-Friendly Community; and Sustainability and Environmental Stewardship. While
individual items may support multiple KFAs, this specific City Council agenda item contributes
most directly to the following KFA and goal:
Related Key Focus Area: Safe, Liveable & Family-Friendly Community
Related Goal: 4.4 Provide outstanding leisure, cultural, and educational
opportunities
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Ordinance
Exhibit 3 Letter of Request
Respectfully submitted:
Gary Packan
Parks and Recreation, Director
Prepared by:
Janie McLeod
Community Events Coordinator
Exhibit 2
Exhibit 3
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1761,Version:1
AGENDA CAPTION
Consider approval of a resolution of the City of Denton opposing the permit applications submitted by Interim
Storage Partners, LLC and Holtec International to the United States Nuclear Regulatory Commission for a
Consolidated Interim Storage Facility for high level radioactive waste; and declaring an effective date.
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Utility Administration
CM/ DCM/ ACM: Mario Canizares, 349-8232
DATE: October 16, 2018
SUBJECT
Consider approval of a resolution of the City of Denton opposing the permit applications submitted by
Interim Storage Partners, LLC and Holtec International to the United States Nuclear Regulatory
Commission for a Consolidated Interim Storage Facility for high level radioactive waste; and declaring an
effective date.
BACKGROUND
The United States Nuclear Regulatory Commission (U.S.NRC) is currently reviewing two applications for
Consolidated Interim Storage Facilities (CISFs) for high level radioactive wastes. These applications are
for sites proposed to be located in Andrews County, Texas (applicant Interim Storage Partners, LLC) and
Lea County New Mexico (applicant Holtec International). Interim Storage Partners, LCC is a partnership
between Dallas-based Waste Control Specialists (WCS) and Orano USA, a subsidiary of the French
multinational group Orano, which specializes in nuclear power and renewable energy. Waste Control
Specialists currently has a 14,900-acre facility in Andrews County that is already permitted to store low-
level radioactive waste.
These facilities as proposed will be reviewed by the U.S.NRC as applications for a specific license under
10 CFR Part 72. If the licenses are granted and the facilities are constructed, it is expected that material
from Independent Spent Fuel Storage Installations (ISFSIs) will be transported to the CISFs. There are a
large number of ISFSIs across the nation, many of which are located at existing nuclear power plants. The
CISFs will be used as a storage facility until a permanent storage facility is available. Generally, licenses
for ISFSIs and CISFs are valid for decades, often up to 40 years.
The most likely candidate for permanent storage is currently the Yucca Mountain Nuclear Waste Repository
in Nevada, which was designated by the Nuclear Waste Policy Act amendments of 1987. This facility is
a deep geological repository storage facility within Yucca Mountain and is located on federal land adjacent
to the Nevada Test Site in Nye County, Nevada, about 80 miles northwest of the Las Vegas Valley.
However, this storage facility has had a number of difficulties. The project was approved in 2002 by the
107th United States Congress, but federal funding for the site ended in 2011 via an amendment to the
Department of Defense and Full-Year Continuing Appropriations Act, passed on April 14, 2011. The
project has substantial public opposition at the local, regional, and state levels. With the Yucca Mountain
project currently unfunded and not operational, the United States does not have a long-term storage site for
high-level radioactive waste. Until a long-term storage facility is completed, most nuclear power plants in
the United States have resorted to storing this material indefinitely on-site.The CISF, if approved, would
enable the transfer of material from these facilities to the CISF.
The concerns raised in the September 27, 2018 Dallas Morning News article entitled “Fort Worth is on
proposed route if U.S. nuclear waste is sent to West Texas” center on the transportation of the spent reactor
fuel. This material is typically transported in casks via rail or truck. Since there are many ISFSIs and
similar sources on the east coast, it is probable that spent reactor fuel and other high level radioactive waste
could pass through this area (specifically Denton) due to the rail lines and major highways in the area that
lead to West Texas and New Mexico. Through the life of the project, this could represent thousands of
shipments over the course of decades.
The transport and storage of high level radioactive material is a complicated issue. Proponents of
transporting materials to CISFs point to the safeguards in place for transporting the waste, including the
design and construction of the casks used to transport the material (casks must be able to survive four tests
involving impact, punctures, fire, and submersion in water) and the safety record of transportation. Using
extensive real world scenarios and modeling, U.S.NRC researchers calculated that the chance that an
accident would be serious enough to lead to a release is 1 in 1 billion. If an accident did release radioactive
material, the dose to the most affected individual would not cause immediate harm (U.S.NRC, Safety of
Safety of Spent Fuel Transportation https://www.nrc.gov/docs/ML1703/ML17038A460.pdf). Many
Proponents also view consolidated storage options as safer alternatives to distributed on-site storage.
Opponents view transportation multiple times (from current site to CISF, then to final storage site) as
increasing the risks associated with the transportation phase, and tend to favor more hardened storage
options near the site of generation until a permanent storage solution is in place. While generally
acknowledging that the likelihood of transportation related releases are very small, opponents also express
concerns regarding the cost of cleanup and the impacts to people and the environment if a release were to
occur. Some opponents also have fears of terrorist attacks.
In Texas, Bexar, Dallas, Midland, and Nueces Counties and the City of San Antonio have passed resolutions
concerning the transportation of spent nuclear fuel and high-level radioactive waste on the railways or
highways through the City. The City of San Antonio resolution also conveyed a lack of support for the
Waste Control Specialists (now Interim Storage Partners, LLC.) application, and Bexar County resolutions
conveyed a lack of support for Consolidated Interim Storage Facilities in Texas and New Mexico. The
proposed resolution for Denton expresses opposition to the two current applications for CISFs that are under
review by the U.S.NRC.
OPTIONS
N/A
RECOMMENDATION
Staff recommends approval of the resolution
ESTIMATED SCHEDULE OF PROJECT
N/A
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Council approved a resolution regarding transportation of high level radioactive wastes through Denton
on October 9, 2019.
STRATEGIC PLAN RELATIONSHIP
The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Safe, Liveable & Family-Friendly Community
Related Goal: 4.1 Enhance public safety
EXHIBITS
Exhibit 1- Agenda Information Sheet
Exhibit 2 – Resolution
Respectfully submitted:
Kenny Banks
General Manager of Utilities
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1766,Version:1
AGENDA CAPTION
Consider adoption of an ordinance authorizing settlement of litigation styled Knabe v. City of Denton, Cause
No. 17-3526-211, currently pending in the 211th District Court of Denton County, Texas, under terms
previously discussed in closed session, and further authorizing the City Manager to approve a compromise
settlement agreement, and such other documents recommended by the City’s Attorneys as necessary or
appropriate to effectuate such terms of settlement; approving the expenditure of budgeted funds; and declaring
an effective date.
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Legislation Text
File #:A18-0002c,Version:1
AGENDA CAPTION
ConductthefirstoftworeadingsofanordinanceoftheCityofDentonforavoluntaryannexationof
approximately86.47acresoflandgenerallylocatedbetweenCreekdaleDriveandHickoryCreekRoad,eastof
the railroad tracks by the City of Denton, Texas. (A18-0002, Lakeside Place, Cindy Jackson)
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______________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
CM: Todd Hileman
DATE: October 16, 2018
SUBJECT
Conduct the first of two readings of an ordinance of the City of Denton for a voluntary annexation of
approximately 86.47 acres of land generally located between Creekdale Drive and Hickory Creek
Road, east of the railroad tracks by the City of Denton, Texas. (A18-0002, Lakeside Place, Cindy
Jackson)
BACKGROUND
The applicant, Abra Nusser, on behalf of the property owner, Calvert Paving Corporation, has
submitted an annexation application to voluntarily annex approximately 86.47 acres of land. This
voluntary annexation complies with Subchapter C-3, Chapter 43 of the Texas Local Government
Code.
The subject property is approximately 86.47 acres and is adjacent to current city limits on its
northwest, northeast, and western boundaries. The adjacent zoning districts are Extraterritorial
Jurisdiction (ETJ), Neighborhood Residential 3 (NR-3) to the north, Neighborhood Residential 4
(NR-4) to the northeast, ETJ to the east, south, and southwest; and Neighborhood Residential 2
(NR-2) and Commercial Mixed Use General (CM-G) to the west, across the railroad tracks. The
Future Land Use designation of the subject site is Low Residential. Upon annexation, the applicant
will seek a zoning designation of Neighborhood Residential 4 (NR-4) to develop a single family
subdivision on the subject property and is requesting annexation for this purpose.
The requested annexation meets the criteria for annexation as listed in Section 35.3.14.B.
Specifically, staff has determined the anticipated development:
Will require a connection to City public services;
Is within the City’s Certificate of Convenience and Necessity boundary for water, sewer,
and electric services;
Is located partially in the City’s ETJ; and
Will have a significant impact upon the City in terms of service costs, increased traffic, and
utility needs.
As a result, Section 35.3.14.C, the following Section 35.3.14.C evaluation criteria was applied:
1.The ability of the city to provide infrastructure and public services equal to other
comparable areas inside the city limits.
Water service is available from an 8-inch line located along Creekdale Road. The
nearest Wastewater main is an 8-inch line also located along Creekdale Road.
Transportation improvements required as a result of the proposed development of this
site will be determined after trip generation calculations have been received and
reviewed.
Any drainage improvements required in association with the development of this site
will be the responsibility of the Developer.
Any improvements due to the impact of this development will be constructed at the
Developers expense.
DME has main line facilities located approximately 50’ north of the property across
Creekdale.
Solid Waste will add this property to existing routes.
Policing of the subject site would comply with required response times.
Fire and EMS services to the site would comply with required response times. Station
#7 is located approximately 4.5 miles from the subject site.
Cross Timbers Park is 0.4 miles to the east.
2.The reliability, capacity, and future public cost, if any, of current and planned provisions
for community facilities, including but not limited to roads, drainage, and utilities.
The terms of the needed improvements/upgrades will be determined upon platting and
permitting. Funding will be the responsibility of the developer. It is anticipated that
Creekdale Drive will be extended and create a direct connection between Ryan Road and
Riverpass Drive.
3.The need and quality of land use and building controls.
The annexation of the subject property into the city will enable the use of development and
design standards in the DDC, minimizing the impacts of the proposed development on
adjacent neighborhoods.
4.Conformance with the Land Use Element of the City’s Comprehensive Plan.
The subject property is designated as Low Residential on the Future Land Use Plan. The
applicant is proposing to develop a residential subdivision for this site. Conformance with
the Land Use Element will be determined when the application for initial zoning is
submitted and reviewed.
5.Impact on the City, both current and long range, including at a minimum.
Anticipated impacts to the City will be minimal as noted in Items 1 to 3, above.
6.The property meets the minimum requirements for annexation in accordance with state
law.
The property complies with all minimum requirements for annexation as set forth by the
Texas Local Government Code as stated in Chapter 43, Subchapter C-1, Annexation
Procedure for Areas Exempted from Municipal Annexation Plan.
The tentative schedule for this annexation is as follows:
st
September 11, 2018 – 1 Public Hearing - Completed
nd
September 25, 2018 – 2 Public Hearing- Completed
October 16, 2018 – First Reading of the Annexation Ordinance
November 27, 2018 - Second Reading and Adoption of the Annexation Ordinance
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
stnd
On August 28, 2018, the City Council adopted an ordinance setting the 1 and 2 public hearing
dates and authorizing the publication of notice of the public hearings.
On September 11, 2018, the City Council held the first annexation public hearing.
On September 25, 2018, the City Council held the second annexation public hearing.
STRATEGIC PLAN RELATIONSHIP
The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve
its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA):
Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and
Family-Friendly Community; and Sustainability and Environmental Stewardship. While
individual items may support multiple KFAs, this specific City Council agenda item contributes
most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and
retention
EXHIBITS
1. Agenda Information Sheet
2. Location Map
3. Zoning Map
4. Staff Presentation
5. Draft Ordinance
Respectfully submitted:
Richard Cannone, AICP
Deputy Director/Planning Director
Prepared by:
Cindy Jackson, AICP
Senior Planner
A18-0002
Site Location
1830
"
)
03857701,540
Feet
SITECOD
µ
ETJ
Parcels
NAA 8/1/20
Roads
Date: 7/26/2018
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
A18-0002
Zoning Map
NR-2
RD-5X
NRMU
1830
"
)
CM-G
NR-3
NR-6
NR-1
ETJ
NR-4
03857701,540
Feet
SITECM-GNR-2NR-6
µ
ETJNR-3NRMU
Parcels
NR-1NR-4RD-5X
Roads
Date: 7/26/2018
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals set forth above are found to be true, and incorporated herein by
reference.
SECTION 2. All Property legally described in Exhibit A, attached hereto and incorporated
herein by reference, is hereby annexed into the City of Denton, Texas. Exhibit B is attached and
incorporated for purposes of illustration only.
SECTION 3. A service plan, prepared in accordance with applicable provisions of state law
pertaining to annexation, is attached hereto as Exhibit C, approved, and incorporated herein for all
intents and purposes.
SECTION 4. The newly annexed Property shall be included within the corporate limits of
its and granting to all inhabitants
of the newly annexed property all of the rights and privileges of other citizens; and bringing the
inhabitants within the regulatory reach of all of the ordinances, resolutions, acts, and regulations of
the City of Denton, Texas, (except to the limited extent entitled by State law, if applicable). A true
and correct copy of this Ordinance shall be filed with the Denton County Clerk in the real property
records of Denton County, Texas.
SECTION 5. The City Manager is hereby authorized and directed to immediately correct the
map of the City of Denton by adding thereto the additional territory annexed by this Ordinance,
indicating on the map the date of annexation and the number of this Ordinance, as well as any change
in extraterritorial jurisdiction (ETJ) which may result from such boundary extensions.
SECTION 6. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 7. This ordinance shall be effective immediately upon its passage and approval.
Pursuant to Section 1.03 of the Denton Charter and Chapter 43, Subchapter C-3, of the Texas Local
th
Government Code, public hearings were held on this proposed annexation on September 11 and
th
25, 2018;
THEREAFTER, this Ordinance was introduced upon first reading of the caption on October 16,
2018;
THEREAFTER, this Ordinance was published once in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas; and was thereafter,
PASSED AND APPROVED on this, the _____ day of _____________, 2018, a date at least thirty
(30) days after said publication, by a vote of not less than four fifths (4/5) of the membership of
the City Council, as tabulated below.
LEGAL DESCRIPTION
ANNEXATION TRACT
86.446 ACRES
BEING a tract of land situated in the N. BRITTON SURVEY, ABSTRACT NO. 51, the M.
ROGERS SURVEY, ABSTRACT NO. 1080 and the J. WITHERS SURVEY, ABSTRACT NO.
1343, City of Denton, Denton County, Texas and being all of that tract of land described in Deed
to Calvert Paving Corp., as recorded in Volume 1719, Page 924, Deed Records, Denton County,
Texas and being all of those tracts of land described as Tract No. One, Tract No. Two and Tract
No. Three in Deed to Calvert Paving Corp., as recorded in Volume 2115, Page 425, Deed Records,
Denton County, Texas and being more particularly described as follows:
COMMENCING at a 1/2 inch iron rod found in the east line of G.C.&S.F. Railroad, a 150 foot
right-of-way, for the common northwest corner of that tract of land described in Deed to E.D.
Calvert, as recorded in Document No. 2006-102657, Deed Records, Denton County, Texasand
southwest corner of RYAN MEADOWS PHASE II, an Addition to the City of Denton, Denton
County, Texas according to the Plat thereof recorded in Document No. 2017-262, Plat Records,
Denton County, Texas;
THENCE North 88 degrees 53 minutes 50 seconds East, with the south line of said Addition, a
distance of 594.33 for the
POINT OF BEGINNING of the tract of land herein described, said point being the common
northeast corner of said E.D. Calvert tract and northwest corner of said Calvert Paving Corp. tract
recorded in Volume 1719, Page 924;
THENCE North 88 degrees 53 minutes 50 seconds East, continuing with said south line, a
distance of 660.00 feet to a 1/2 inch iron rod with a yellow plastic in the
west line of that tract of land described in Deed to Ernest Ryan Higginbotham, as recorded in
Document No. 2003-206760, Deed Records, Denton County, Texas for the common southeast
corner of said Addition and northeast corner of said Calvert Paving Corp. tract recorded in Volume
1719, Page 924, from which point a 1/2 inch iron rod with a yellow plastic cap found bears South
34 degrees 57 minutes 26 seconds West, 3.91 feet;
THENCE South 00 degrees 41 minutes 39 seconds East, with the common east line of said
Calving Paving Corp. tract recorded in Volume 1719, Page 924 and west line of said Ernest Ryan
Higginbotham tract, a distance of 411.50 feet to a 1/2 inch iron rod with a yellow plastic cap
uthwest corner of said Ernest Ryan Higginbotham tract and
northwest corner of the above mentioned Tract No. Three;
THENCE North 88 degrees 50 minutes 44 seconds East, with the common north line of said Tract
No. Two and south line of said Ernest Ryan Higginbotham tract, a distance of 1,276.88 feet to a
on northeast corner of
said Tract No. Two and northwest corner of that tract of land described as Tract 1 in Deed to
EXHIBIT
Legal Description Page 1 of 3
A
Tommie Dale Calvert, as recorded in Volume 3318, Page 908 (Volume 3318, Page 910), Deed
Records, Denton County, Texas;
THENCE Southerly, with the east line of said Tract No. Two, the following three (3) courses and
distances:
South 01 degrees 18 minutes 11 seconds West, leaving said common line, a distance of
or the
southwest corner of that tract of land described as Tract 3 in Deed to Connie Ann Cardwell,
as recorded in Volume 3318, Page 908 (Volume 3318, Page 910), Deed Records, Denton
County, Texas;
North 86 degrees 53 minutes 11 seconds East, a distance of 10.30 feet to a 1/2 inch iron
land described as Tract No. One in Deed to E.D. Calvert, Jr. and William Thomas Calvert,
as recorded in Volume 1496, Page 921, Deed Records, Denton County, Texas;
South 02 degrees 50 minutes 49 seconds East, a distance of 469.80 feet to a 1/2 inch iron
a variable width right-of-way, for the common southeast corner of said Tract No. Two and
southwest corner of said Tract No. One recorded in Volume 1496, Page 921;
THENCE South 88 degrees 58 minutes 11 seconds West, with said north line, passing at a distance
of 6.62 feet a mag nail found, and continuing in all for a total distance of 660.82 feet to a 1/2 inch
G.C.&S.F. Railroad for the southwest corner of the above mentioned Tract No. One recorded in
Volume 2115, Page 425;
THENCE Northerly, with said east line, the following three (3) courses and distances:
North 26 degrees 24 minutes 49 seconds West, leaving said north line, a distance of 885.76
feet to a 1/2 inch iron rod with a yellow plastic cap st
beginning of a curve to the left having a central angle of 06 degrees 23 minutes 01 seconds,
a radius of 10,500.00 feet and a chord bearing and distance of North 32 degrees 38 minutes
51 seconds West, 1,169.24 feet;
Northerly, with said curve to the left, an arc distance of 1,169.85 feet to a 1/2 inch iron rod
North 35 degrees 19 minutes 58 seconds West, a distance of 646.97 feet to a 1/2 inch iron
rod with a yellow
mentioned E.D. Calvert tract and northwest corner of said Tract No. One;
Legal Description Page 2 of 3
THENCE North 88 degrees 54 minutes 23 seconds East, leaving said east line, a distance of
140.68 feet to a 1/2 inc
southeast corner of said E.D. Calvert tract and southwest corner of the above mentioned Calvert
Paving Corp. tract recorded in Volume 1719, Page 924;
THENCE North 00 degrees 41 minutes 39 seconds West, a distance of 659.89 feet to the POINT
OF BEGINNING and containing 86.446 acres of land, more or less.
Legal Description Page 3 of 3
Exhibit B
Exhibit C
CITY OF DENTON SERVICE PLAN
A18-0002 Lakeside Place Annexation
I. AREA ANNEXED
The area to be annexed is comprised of five (5) tract of lands, specifically located between
Creekdale View Drive and Hickory Creek Road, east of the railroad tracks. This site is depicted in
the attached location map along with a general description of the area.
II. INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government Code,
Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and
services to the annexed areas described above will be provided or made available on behalf of the
City of Denton in accordance with the following plan. The City of Denton shall provide the
annexed tract the levels of service, infrastructure, and infrastructure maintenance that are
comparable to the levels of service, infrastructure, and infrastructure maintenance available in
other parts of the City of Denton with similar topography, land use, and population density.
III. AD VALOREM (PROPERTY OWNER) TAX SERVICES
A. Police Protection
Police protection from the City of Denton Police Department shall be provided to
the area annexed at a level consistent with current methods and procedures
presently provided to similar areas on the effective date of the ordinance. Some of
these services include:
1. Normal patrols and responses;
2. Handling of complaints and incident reports;
3. Special units, such as traffic enforcement, investigations and special
weapons; and
4. Coordination with other public safety support agencies.
As development commences in these areas, sufficient police protection, including
personnel and equipment will be provided to furnish these areas with the level of
police services consistent with the characteristics of topography, land utilization
and population density of the areas.
Upon ultimate development, police protection will be provided at a level consistent
with other similarly situated areas within the city limits.
B. Fire Protection
The Denton Fire Department (DFD), specifically Station 6, will provide emergency
and fire prevention services to the annexation area. These services include:
1. Fire suppression and rescue;
2. Pre-hospital medical services including triage, treatment and transport by
Advanced Life Support (ALS) fire engines, trucks and ambulances;
3. Hazardous materials response and mitigation;
4. Emergency prevention and public education efforts;
5. Technical rescue response; and
6. Construction Plan Review and required inspections.
Fire protection from the City of Denton shall be provided to the areas annexed at a
level consistent with current methods and procedures presently provided to similar
areas of the City of Denton on the effective date of the ordinance.
As development commences in these areas, sufficient fire protection, including
personnel and equipment will be provided to furnish these areas with the level of
services consistent with the characteristics of topography, land utilization and
population density of the areas. It is anticipated that fire stations planned to serve
areas currently within the City of Denton will be sufficient to serve areas now being
considered for annexation.
Upon ultimate development, fire protection will be provided at a level consistent
with other similarly situated areas within the city limits.
C. Emergency Medical Service
The Denton Fire Department (DFD) will provide the following emergency and
safety services to the annexation area. These services include:
1. Emergency medical dispatch and pre-arrival First Aid instructions;
2. Pre-hospital emergency Advanced Life Support (ALS) response; and
transport;
3. Medical rescue services.
Emergency Medical Services (EMS) from the City of Denton shall be provided to
the areas annexed at a level consistent with current methods and procedures
presently provided to similar areas of the City of Denton on the effective date of
the ordinance.
As development commences in these areas, sufficient EMS, including personnel
and equipment will be provided to furnish these areas with the level of services
consistent with the characteristics of topography, land utilization and population
density of the areas.
Upon ultimate development, EMS will be provided at a level consistent with other
similarly situated areas within the city limits.
D. Solid Waste
Solid Waste and Recycling Collection Services will be provided to the newly
annexed property immediately upon the effective date of the annexation at a level
consistent with current methods and procedures presently provided to similar areas
within the city. Private solid waste collection service providers operating in the
affected area immediately prior to annexation and currently providing customers
with service, may continue to provide their existing service for up to 2 years in
accordance with Texas Local Government Code.
E. Wastewater Facilities
The proposed annexation area is located within the City of Denton Sewer Service
Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072
as issued by the Texas Commission on Environmental Quality (TCEQ).
As development commences in these areas, sanitary sewer mains will be extended
participation in the costs of these extensions shall be in accordance with applicable
City ordinances and regulations. Capacity shall be provided consistent with the
characteristics of topography, land utilization, and population density of the areas.
Sanitary sewer mains and lift stations installed or improved to City standards within
the annexed areas which are located within dedicated easement, rights-of-way, or
any other acceptable location approved by the City Engineer, shall be maintained
by the City on the effective date of this ordinance.
Operation and maintenance of wastewater facilities in the annexed areas that are
within the service area of another water utility will be the responsibility of that
utility. Operation and maintenance of private wastewater facilities in the annexed
area will be the responsibility of the owner.
F. Water Facilities
The annexation area is located within the City of Denton Water Service Area as
defined by Certificate of Convenience and Necessity (CCN) Number 10195 as
issued by the Texas Commission on Environmental Quality (TCEQ).
Connections to existing City of Denton water distribution mains for water service
will be provided in accordance with Ordinance 2016-251, and with existing City
ordinances and policies. Upon connection to existing distribution mains, water
service will be provided at rates established by city ordinance.
As new development occurs within these areas, water distribution mains will be
extended in accordance with Ordinance 2016-251 and
and utility service policies. City participation in the costs of these extensions shall
be in accordance with Ordinance 2016-251and
Water service capacity shall be provided consistent with the characteristics of
topography, land use and population density of the area.
Operation and maintenance of water facilities in the annexed area that are within
the service area of another water utility will be the responsibility of that utility.
Existing developments, businesses or homes that are on individual water wells or
private water systems will be allowed to continue to remain on these systems until
a request for water service is made to the City. These requests for service will be
handled in accordance with the applicable utility service line extension and
connection policies currently in place at the time the request for service is received.
G. Roads and Streets
Emergency street maintenance shall be provided within the annexation area on the
effective date of the applicable ordinance of acceptance. Routine maintenance will
annual program and in accordance with the current policies and procedures defined
by the ordinance and/or as established by the City Council.
Any construction or reconstruction will be considered within the annexation area
budgetary allotments by the City Council.
Roadway signage and associated posts will be replaced in priority of importance
starting with regulatory signs, then warning signs, then informational signs and in
conformance with fiscal allotments by the City Council. If a sign remains, it will
isting for routine replacement. All
exiting signs will be reviewed for applicability and based upon an engineering
study. New signs will be installed when necessary and based upon an engineering
study.
Routine maintenance of road/street markings will be placed on a priority listing and
scheduled within the yearly budgetary allotments by the City Council.
H. Parks, Playgrounds, Swimming Pools
Residents within the area annexed may utilize all existing park and recreation
facilities, on the effective date of this ordinance. Fees for such usage shall be in
accordance with current fees established by ordinance.
As development commences in these area, additional park and recreation facilities
shall be constructed based on park policies defined in the Park Master Plan and as
specified in Ordinance 2016-251 and the Park Dedication and Development
Ordinance. The general planned locations and classifications of City parks will
ultimately serve residents from the current City limits and residents from areas
being considered for annexation.
I. Publicly Owned Facilities
Any publicly owned facility, building, or service located within the annexed area,
and not otherwise owned or maintained by another governmental entity, shall be
maintained by the City of Denton on the effective date of the annexation ordinance.
J. Other Services
Other services that may be provided by the City of Denton, such as municipal and
general administration will be made available on the effective date of the
annexation. The City of Denton shall provide level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of the City of
Denton with topography, land use, and population density similar to those
reasonably contemplated or projected in the area.
IV. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal
services to each area of the City, including the annexed area, if different characteristics of
topography, land use, and population density are considered a sufficient basis for providing
different levels of service.
V. TERM
This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be
at the discretion of City Council.
VI. AMENDMENTS
The service plan may be amended if the City Council determines at a public hearing that changed
conditions or subsequent occurrences make this service plan unworkable or obsolete. The City
Council may amend the service plan to conform to the changed conditions or subsequent
occurrences pursuant to Texas Local Government Code, Section 43.056.
Location Map
Legal Description
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1567,Version:1
AGENDA CAPTION
Consider adoption of an ordinance by the City of Denton authorizing the City Manager to sign and submit a
substantial amendment to the 2018 Action Plan for Housing and Community Development submitted in June
2018 to the U.S. Department of Housing and Urban Development regarding the use of un-programmed funds
with appropriate certifications, as authorized and required by the Housing and Community Development Act of
1974, as amended, and the National Affordable Housing Act of 1990, as amended; and providing an effective
date.
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Exhibit 1
AGENDA INFORMATION SHEET
DEPARTMENT: Public Affairs and IGR Community Development
CM/DCM/ACM: Bryan Langley
DATE: October 16, 2018
SUBJECT
Consider adoption of an ordinance by the City of Denton authorizing the City Manager to sign
and submit a substantial amendment to the 2018 Action Plan for Housing and Community
Development submitted in June 2018 to the U.S. Department of Housing and Urban
Development regarding the use of un-programmed funds with appropriate certifications, as
authorized and required by the Housing and Community Development Act of 1974, as amended,
and the National Affordable Housing Act of 1990, as amended; and providing an effective date.
BACKGROUND
On an annual basis, the City of Denton prepares an Action Plan for submission to the U.S.
application for Community Development Block Grant (CDBG) and Home Investment
Partnerships (HOME) program funding. The 2018 Action Plan represents the fourth year in the
-year Consolidated Plan which states the adopted priorities for use of Federal CDBG
and HOME funding. The 2018 Action Plan was adopted by City Council on June 5, 2018
following a presentation of recommendations from the Community Development Advisory
Committee (CDAC) and Human Services Advisory Committee (HSAC).
The 2018 Action Plan included a total amount of $217,923 of un-programmed funds, after two
water and sewer projects were withdrawn, with a plan to reallocate those as quickly as possible.
The Community Development Advisory Committee and staff initiated an application process for
the un-programmed funds which included advertising that the funds were available. Four
applications were received from the Denton Community Food Center, the Parks Department for
the Quakertown Playground Replacement, Health Services of North Texas for clinic
improvements and Fred Moore Day Nursery School for panel installation to absorb noise in the
gym.
Below are the CDAC recommendations for use of the un-programmed funding:
Denton Community Food Center Improvements - $100,000: Project consists of
installing a large walk-in commercial cooler/freezer at the Denton Community Food
Center at their new location at the Serve Denton center on Loop 288. The center
provides food to individuals and families in need and often in emergency situations.
Quakertown Playground Replacement Project - $100,000: Project consists of
replacement of the two to five year old playground structure to provide accessible
playground equipment. The project will serve low to moderate families in a CDBG-
eligible area.
Health Services of North Texas Facility Improvements - $17,923: Project consists of
updating obsolete network infrastructure and installing security and access control
systems at the Denton clinic location, 4308 Mesa Drive, Denton, TX 76207. Agency
provides medical care and support services to low-income, uninsured, and underinsured
individuals.
On August 9, 2018, the Community Development Advisory Committee voted unanimously to
recommend the above three projects and awards. Staff then proceeded to complete the actions
required to amend the 2018-19 Action Plan. These actions included advertisement of the
proposed amendment and a request for public comments. The City of Denton placed an
advertisement in the Denton Record Chronicle on August 28, 2018 on the 2018 Action Plan
Substantial Amendment and accepted from August 29 to September 27. No comments were
received during the 30-day comment period.
OPTIONS
City Council may choose to approve the amendment or request that staff carry out the process
again.
RECOMMENDATION
Staff recommends approval of the amendment.
ESTIMATED PROJECT SCHEDULE
Each project should be completed by May 2019.
PRIOR ACTION/REVIEW (Councils, Boards, Commissions)
On August 9, 2018, the Community Development Advisory Committee reviewed four
applications for funding and recommended funding for the following projects:
Quakertown Playground Replacement - $100,000
Denton Community Food Center - $100,000
Health Services of North Texas, Infrastructure and Security System - $17,923
FISCAL INFORMATION
Funding for the proposed projects will be allocated from 2018-19 Community
Development Block Grant allocation.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve
its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA):
Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and
Family-Friendly Community; and Sustainability and Environmental Stewardship. While
individual items may support multiple KFAs, this specific City Council agenda item contributes
most directly to the following KFA and goal:
Related Key Focus Area: Safe, Liveable & Family-Friendly Community
Related Goal: 4.2 Seek clean and healthy neighborhoods in Denton
EXHIBITS
1. Agenda Information Sheet
2. Ordinance with 2018 Action Plan with proposed amendments
3. Draft CDAC Minutes of August 9, 2018
4. Presentation
Respectfully submitted:
Sarah Kuechler
Director of Public Affairs and IGR
Prepared by:
Barbara Ross
Community Development Manager
CommunityDevelopmentAdvisoryCommitteeMinutes(Draft)
August9,2018
MembersPresent:MaryBethCottingham,AnnPatterson,JanePiperLunt,MichaelRedwine,Larry
Varnes,FranWitte
MembersAbsent:ValdaMorgan,RandiSkinnerandJodiVicarsNance;Ms.MorganandMs.Vicars
Nanceprovidedcommentsandrecommendationsregardingthefundingrequests.
LarryVarnes,Chair,calledthemeetingtoorderat11:36am.ChairmanVarnesreviewedthe
informationregardingtheCDBGfundingthatisavailabletobeallocatedtoeligibleprojects.
MikePaulsenandTomNewell,DentonCommunityFoodCenter,presentedtheirrequestforfundingfor
awalkinfreezer/coolerforthefoodpantry.Theydescribedtheservicesthatwouldbeprovidedatthe
newfacility.The$100,000requestedwouldpayforthepurchaseandinstallationoftheequipment.
CDACmembersaskedquestionsregardingthelocationofthenewFoodCenterandhowsoonthe
facilitywouldbereadytoprovideservices.Mr.Newellindicatedthatthefacilityshouldbecompleted
byMarch.Itwasnotedthatthefacilitywouldalsobelocatedonabusroutewhichwouldimprove
accessibility.ServeDentonwouldbethelandlordandtheFoodCenteratenant.
DoreenRuetheChiefExecutiveOfficerwithHealthServicesofNorthTexas(HSNT)presentedarequest
toimprovenetworkinfrastructure(e.g.wiring/cabling,wallplates,etc.)andinstallnecessarysecurity&
accesscontrolsystems(i.e.keycardaccesspoints)attwoDentoncliniclocations.Ms.Ruenotedthat
HSNTwasinthetoppercentileofhealthcentersacrossthenation.Moresecuritywasneededtohelp
tinformationandallowthemtoservemorepatients.Membersaskedabouttheircurrent
protectpatien
locationsandMs.RuedescribedtheirfacilitiesinDenton.MembersalsoaskedwhenMs.Ruethought,
iffunded,wouldtheworkbegin.Ms.RueindicateditwouldprobablybeJanuary.
Members,whilewaitingforthenextpresentationdiscussedtheprojectrequests.Variousfundinglevels
fortheprojectswerementioned.
JasonDonnell,CityofDentonParksandRecreation,presentedtherequestforreplacementofthe
playgroundsatQuakertownPark.Hestatedthatthiswasahightrafficareawithmanyindividualsand
familiesusingtheplaygrounds.Ithasatwoyeartofiveyearareaandafivetotwelvearea.Thisiswhy
itissuchalargeplaygroundarea.Whenaskedaboutthe2014bondprograms,Mr.Donnellstatedthat
theparkwasnotdeterminedtoneedreplacementatthattime.Threeotherparksarebeingimproved
withthatfunding.Quakertownwasnotonthe2014bond.Membersaskedaboutthecostofremoving
oneoftheplaygrounds.Mr.DonnellnotedthattheParksstaffwouldremovetheexisting
playground(s).Membersaskedaboutthecostofreplacingonlyoneoftheplaygrounds.Mr.Donnell
indicateditwouldbearound$100,000to$150,000.Itwasnotedthatthetwoyearoldtofiveyearold
playgroundwasinbetterconditionthattheotherone.
DinoraPadillaandKaytiPorterwithFredMooreDayNurserySchoolpresentedtheirrequestfor$12,000
liketoinstallpanelsthatwouldhelpwiththesound
totheCommittee.Thedaycarefacilitywould
probleminthegymnasium.Thiswouldallowthemtohaveparentingclassesinthefacility.Members
askedaboutpartialfundingandMs.Padillaindicatedthatthepanelswouldbeinstalledbut,inasmaller
area.Ms.PadillaandMs.Porterdescribedtheproblemsthathaveresultedfromthenoiseinthegym
andhowitaffectsthespecialneedschildren.Membersaskedabouttheproposedprojecttimelineand
Ms.PadillaindicatedthattheprojectshouldbecompletedbyMay.
MembersdiscussedthefundingrequestsandvotedtopresentthefollowingrecommendationstoCity
Council:
$100,000fortheDentonCountyFoodCenterproject;
$100,000fortheQuakertownPlaygroundproject;
$17,923fortheHealthServicesofNorthTexasproject.
Ms.RossstatedthatshewouldinformtheCommitteememberswhentherecommendationswouldbe
presentedtoCityCouncil.
Themeetingwasadjourned.
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1693,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,Texastodeclaretheintenttoreimbursecapital
programexpendituresoftheGeneralGovernmentwithTaxPreferredObligations(CertificatesofObligation
andGeneralObligationBonds)withanaggregatemaximumprincipalamountequalto$23,770,000;and
providing an effective date.
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Finance
DCM: Bryan Langley
DATE: October 16, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse capital
program expenditures of the General Government with Tax Preferred Obligations (Certificates of
Obligation and General Obligation Bonds) with an aggregate maximum principal amount equal to
$23,770,000; and providing an effective date.
BACKGROUND
The purpose of this item is to allow staff to begin these projects prior to the debt sale. Initially, funding for
the expenditures will be provided with existing bond proceeds or unreserved fund balance. Once the debt
is sold, these expenditures will be reimbursed from the debt proceeds. The debt sale is anticipated to be in
late spring of 2019.
The FY 2018-19 Capital Improvement Program (CIP) Budget includes capital projects funded by debt for
General Government of $23,770,000.
The General Government is proposing to utilize $4,400,000 of Certificates of Obligation to fund
vehicle/equipment replacements and replacement of facility HVAC, roofs and floorings. In addition, the
General Government is proposing to utilize $19,370,000 of General Obligation Bonds to fund the various
projects from the 2014 Bond Election. Exhibit 2 reflects the complete list of the CO and GO funded projects
which is a revised project listing from the FY 2018-19 Adopted CIP.
In preparation for this item, the Finance Department coordinated with other City staff and identified the
following changes to projects while keeping the total forecasted debt unchanged:
Proposition 1
Street Reconstruction will delay the sale of $4,500,000 in GOs in FY 2018-19 and only issue $3,250,000.
The $4,500,000 will instead be issued in FY 2019-20. This will allow the Bonnie Brae Secondary Arterial
University to Windsor (Phase 6) that will now extend to Loop 288 to advance $4,500,000 planned for FY
2019-20 to the current FY 2018-19. This will allow the project to remain on schedule in order to meet the
deadline for the new Denton High School opening in fall 2021. This funding will begin ROW acquisition
for the project. Street Reconstruction will have a balance of over $23,000,000 that will allow work to
proceed without delay until the FY 2019-20 funding is received. The balance for Street Reconstruction
includes the COs issued in September 2018.
Proposition 4
The Parks department will delay the $1,005,000 for Park land acquisition from FY 2018-19 until FY 2019-
20. This will allow Parks to obtain the funds for the development of the Parks Masterplan and complete the
remaining Playground replacements. The Masterplan will assist Parks in determining the best location for
future Park land acquisition when the funding for land acquisition is issued in FY 2019-20.
RECOMMENDATION
Staff recommends adoption of the ordinance.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
Related Goal: 1.1 Manage financial resources in a responsible manner
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Project Listing
Exhibit 3 Ordinance
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Director of Finance
Prepared by:
Kevin Ann Mullen
Treasury Manager
Exhibit 2
CAPITAL IMPROVEMENT PROJECT LISTING - DETAILED
SERIES 2019 - Reimbursement Ordinance
As of October 9, 2018
DEBT PROJECTSAdopted CIPRevised CIPDifference
GENERAL OBLIGATION PROJECTS:
Street Reconstruction$7,750,000$3,250,000($4,500,000)
Rail Quiet Zones - McKinney Street to Prairie Street930,000930,0000
Bonnie Brae Secondary Arterial - University to Windsor200,0004,700,0004,500,000
Ruddell Extension at Mingo4,990,0004,990,0000
Wheeler Ridge connection to FM 2181210,000210,0000
Miscellaneous Roadways500,000500,0000
SUBTOTAL - STREET IMPROVEMENTS (PROPOSITION 1) 2014 Bond Election$14,580,000$14,580,000$0
South Bell Drainage System - Downtown Implementation Plan$705,000$705,000$0
SUBTOTAL - STORMWATER, DRAINAGE & FLOODCONTROL (PROPOSITION 3) 2014 Bond Election$705,000$705,000$0
Playground Replacements$150,000$290,000$140,000
Park Improvements (Masterplan)0865,000865,000
Park Land Acquision1,005,0000(1,005,000)
Tennis Center Remodel & Expansion2,930,0002,930,0000
SUBTOTAL - PARK SYSTEM IMPROVEMENTS (PROPOSITION 4) 2014 Bond Election$4,085,000$4,085,000$0
Subtotal - 2014 Bond Election Projects$19,370,000$19,370,000$0
TOTAL GOs - GENERAL GOVERNMENT$19,370,000$19,370,000$0
CERTIFICATES OF OBLIGATION PROJECTS:
Vehicle Replacement$4,310,000$2,900,000($1,410,000)
5 YEAR GENERAL GOVERNMENT DEBT$4,310,000$2,900,000($1,410,000)
Facility Maintenance Program (HVAC, Roofing & Flooring)$1,500,000$1,500,000$0
10 YEAR GENERAL GOVERNMENT DEBT$1,500,000$1,500,000$0
TOTAL COs - GENERAL GOVERNMENT$5,810,000$4,400,000($1,410,000)
GRAND TOTAL - ALL DEBT FUNDED PROJECTS$25,180,000$23,770,000($1,410,000)
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:AESA16-0003a,Version:1
AGENDA CAPTION
HoldapublichearingandconsideradoptionofanordinancerelatedtoarequestforanAlternative
EnvironmentallySensitiveAreaPlanforCountryClubRoadEstates.Theapproximately35.52-acresubject
propertyisgenerallylocatedontheeastsideofCountryClubRoad,approximately270feetsouthofRegency
CourtintheCityofDenton,DentonCounty,Texas;providingforapenaltyinthemaximumamountof
$2,000.00forviolationsthereof;providingaseverabilityclauseandaneffectivedate.(AESA16-0003,Country
Club Road Estates, Hayley Zagurski).
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Denton, Texas
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
CM: Todd Hileman
DATE: October 16, 2018
SUBJECT
Hold a public hearing and consider adoption of an ordinance related to a request for an Alternative
Environmentally Sensitive Area Plan for Country Club Road Estates. The approximately 35.52-acre
subject property is generally located on the east side of Country Club Road, approximately 270 feet south
of Regency Court in the City of Denton, Denton County, Texas; providing for a penalty in the maximum
amount of $2,000.00 for violations thereof; providing a severability clause and an effective date.
(AESA16-0003, Country Club Road Estates, Hayley Zagurski).
BACKGROUND
Country Club Road Estates is a proposed single-family subdivision located on approximately 35.5 acres
of land located on the east side of Country Club Road south of Regency Court.
Application for the AESA Plan and Preliminary Plat (Exhibit 8) were made in 2016, prior to approval of
new ESA regulations by the City Council in April of 2018. Thus, the content of this AESA Plan was
reviewed under the prior ESA regulations that were in place in Subchapter 17 of the Denton Development
Code (DDC) at the time of application.
Lots 1-X and 2-X of the Preliminary Plat encompass a stream channel
(Hickory Creek Tributary 7) and Zone AE floodplain. Portions of the stream channel and floodplain are
designated as Environmentally Sensitive Areas (ESA). Specifically, there are three types of ESA present
on the property: Stream Buffer, Developed Floodplain, and Undeveloped Floodplain. The AESA Plan is
for the purpose of deviating from the Undeveloped Floodplain ESA regulations.
The northern approximately 445 linear feet of the stream buffer designation was removed in 2015
following an ESA field assessment.
The southern 520 linear feet of the Stream Buffer was confirmed based on ground conditions
during the ESA field assessment.
The Developed Floodplain, which is defined as an area within the 100-year FEMA floodplain that
has been channelized, graded, filled, or otherwise disturbed, extends from the northern property
line approximately 445 feet into the property for a total of 79,160 square feet of area.
The southern 520 linear feet of the floodplain is considered Undeveloped Floodplain and consists
of 299,250 square feet of area.
All of the three ESA types are shown on Exhibit 5 as well as within the AESA Plan in Exhibit 6.
For the purpose of reclaiming portions of the floodplain, the applicant is proposing to add up to 4 feet of
fill depth within the Developed and Undeveloped Floodplain ESA, but not within the Stream Buffer ESA.
Grading and fill will occur within the northern half of the property to channelize the stream into a culvert
to convey flow under a proposed residential street. Fill within the Developed Floodplain ESA would
consist of 53,820 square feet of fill area. Fill within the Undeveloped Floodplain ESA would be 190,450
square feet of fill area and would exceed the DDC 35.17.7 limitation of 50 cubic yards. The applicant has
proposed multiple mitigation strategies in exchange for exceeding this fill limitation, including lower the
density of the development, removal of invasive species, revegetation within native plants, and the use of
an earthen channel instead of a concrete channel as described in Exhibit 6.
A full Staff Analysis of the requested AESA Plan is provided in Exhibit 2.
The applicant held a neighborhood meeting on Wednesday, September 5, 2018. Approximately 15
individuals attended the meeting. The applicant presented the proposed preliminary plat and floodplain
modifications and answered questions regarding drainage, access, and tree preservation.
OPTIONS
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
The Planning and Zoning Commission and the Development Review Committee recommend approval of
this request with the following conditions:
1. No more than 190,450 square feet of the Undeveloped Floodplain ESA may be disturbed by
adding fill.
2. Invasive species within the ESA areas, specifically Chinese Privet and Callery Pear, shall be
removed.
3. Plants installed as a part of the proposed native flora revegetation are to be installed and
maintained by the current property owner/developer for a period of three (3) years following
installation. Any plants that are removed, destroyed, or die within that three (3) year period are
required to be replaced by the current property owner/developer.
4. No encroachment into areas designated as Riparian buffer ESA.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On December 14, 2016 the Planning and Zoning Commission recommended approval of a rezoning from
a split of 15.5 acres zoned NR-2 District and 20.16 acres zoned NR-4 District to all 35.52 acres zoned
NR-3 District. The City Council subsequently approved this rezoning on February 7, 2017.
Staff approved the CLOMR for the site to move forward to FEMA for review in June 2018.
A Preliminary Plat of the proposed subdivision was approved by the Planning and Zoning Commission on
September 12, 2018.
Also at the September 12, 2018 Planning a Zoning Commission meeting, a public hearing was held for
the subject Alternative ESA plan. At the public hearing, Lee Allison, representing the property owner,
gave a presentation regarding the Alternative ESA Plan. Several members of the public spoke at the
public hearing. Many individuals asked questions about how drainage in the area would be affected and
about tree preservation on the subject property. Mr. Allison addressed many of these questions. Following
the public hearing, the Planning and Zoning Commission recommended approval \[6-0\] of the case with
the four staff recommended conditions.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its
vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational
Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly
Community; and Sustainability and Environmental Stewardship. While individual items may support
multiple KFAs, this specific agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Sustainable & Environmental Stewardship
Related Goal: 5.4 Manage land use and preserve open/natural spaces
EXHIBITS
1. Agenda Information Sheet
2. Staff Analysis
3. Aerial Map
4. Zoning Map
5. ESA and Floodplain Map
6. Alternative ESA Plan
7. Applicant Narrative
8. Preliminary Plat
9. Notification Map and Responses
10. Presentation
11. Planning and Zoning Commission Meeting Minutes
12. Draft Ordinance
Respectfully submitted:
Richard Cannone, AICP
Deputy Director/Planning Director
Prepared by:
Hayley Zagurski
Senior Planner
And
Deborah Viera
Assistant Director of Environmental Services
Њ CITY OF DENTON PLANNING AND ZONING MINUTES
Ћ September 12, 2018
Ќ
Ѝ After determining that a quorum is present, the Planning and Zoning Commission of the City of
Ў Denton, Texas convened in a Work Session on Wednesday, September 12, 2018 at 5:00 p.m. in
Џ the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which
А time the following items were considered:
Б
В PRESENT: Chair Andrew Rozell, Commissioners Alfred Sanchez, Larry Beck, Jason Cole,
ЊЉ Mat Pruneda, and Margie Ellis.
ЊЊ
ЊЋ ABSENT: Commissioner Tim Smith.
ЊЌ
ЊЍ STAFF: Cathy Welborn, Kelly Robinson, Athenia Green, Karen Hermann, Hayley
ЊЎ Zagurski, Scott McDonald, Cindy Jackson, Ron Menguita, Richard Cannone, Julie Wyatt,
ЊЏ Sean Jacobson, Deborah Viera and Jerry Drake.
ЊА
ЊБ WORK SESSION
ЊВ
ЋЉ Chair Rozell opened the Work Session at 5:03p.m.
ЋЊ
ЋЋ 1. Clarification of agenda items listed on the agenda for this meeting. This is an opportunity
ЋЌ for Commissioners to ask questions of staff on the Consent and Regular Agenda items, which may
ЋЍ include a full briefing on an item in the order it appears on the regular session agenda. Any such
ЋЎ briefing will be repeated in regular session.
ЋЏ
ЋА Richard Cannone, Deputy Director of Development Services, stated Consent Agenda item 2C has
ЋБ been postponed by the Applicant, due to some conflicts with the lease holder.
ЋВ
ЌЉ Cannone requested Public Hearing item 3B the final replat be heard before item 3A the initial
ЌЊ zoning request for Creekside. The Planning and Zoning Commissioners agreed to the change.
ЌЋ
ЌЌ Chair Rozell questioned if there were any questions regarding the Consent Agenda.
ЌЍ
ЌЎ Commissioner Ellis requested clarification on the two entries accessing Country Club Rd for
ЌЏ Consent Agenda item 2A. Hayley Zagurski, Senior Planner, stated the preliminary plat had been
ЌА through a couple of revisions related to access locations. The applicant and staff have settled on
ЌБ one access on Country Club and the second point of access for emergency services will be on
ЌВ Meadowlands Drive.
ЍЉ
ЍЊ The Commission had no further questions regarding the Consent Agenda.
ЍЋ
ЍЌ Cindy Jackson, Senior Planner, presented Public Hearing item 3B. Jackson stated this is a request
ЍЍ to replat one lot into two lots, the
ЍЎ justification (ETJ).
ЍЏ
Њ
Њ Cindy Jackson, Senior Planner, presented Public Hearing item 3A. Jackson stated this is a request
Ћ to make a recommendation to City Council for the initial zoning designation of Neighborhood
Ќ Residential 3 (NR-3). This property was part of a Pre-Annexation Development Agreement
Ѝ (PADA) ordinance 2016-215, which was approved by City Council in 2016. The Ordinance
Ў governs the sequence of the site for each phase of development. The plat for the property was
Џ approved on March 21, 2018, and the property was recently annexed into the City of Denton.
А
Б Jackson stated staff recommends approval as this zoning change is compatible with the
В surrounding property and is consistent with the requirements set forth in the Pre-Annexation
ЊЉ Development Agreement ordinance 2016-215.
ЊЊ
ЊЋ Chair Rozell questioned if the PADA restricts the Planning and Zoning Commission from making
ЊЌ any changes to the proposed zoning of the property. Jerry Drake, First Assistant City Attorney,
ЊЍ stated in the Development Agreement the City of Denton will pursue or initiate zoning and the
ЊЎ applicant will not object to the decision.
ЊЏ
ЊА Chair Rozell questioned why the zoning was not approved prior to plat approval. Cannone stated
ЊБ that the plat was approved prior to the annexation into the City of Denton. Jackson agreed with
ЊВ Cannone and also added, when the applicant applied for the plat it was discovered they had a non-
ЋЉ annexation agreement, and per the non-annexation agreement when you develop a site you have
ЋЊ to annex into the City of Denton prior to development.
ЋЋ
ЋЌ Commissioner Beck stated his concerns of feeling as if the Planning and Zoning Commission had
ЋЍ their hands tied in this case. Drake stated he suspects this was an effort to accommodate a desired
ЋЎ development and use in a way that would not be controversial. Commissioner Ellis agreed with
ЋЏ Commissioner Beck and hopes for a better way to approve zoning for an annexed property than
ЋА the PADA process.
ЋБ
ЋВ Commissioner Beck stated the surrounding neighbors have voiced their concerns about the traffic
ЌЉ issues. Jackson stated Traffic Engineering is currently in the process of conducting traffic counts
ЌЊ on Ryan Rd.
ЌЋ
ЌЌ Chair Rozell stated the concerns residents are having regarding the traffic issue and how
ЌЍ construction was able to start before the determination of the zoning. Jackson stated the applicant
ЌЎ is granted a grading permit once the plat has been approved.
ЌЏ
ЌА Drake stated if a property is outside the city limits of Denton then the City of Denton has no zoning
ЌБ control and the applicant is able to develop without any control from the City of Denton. But with
ЌВ the PADA in place it allows some means for the City of Denton and the Commission to provide
ЍЉ feedback.
ЍЊ
ЍЋ The Commission had no further questions on this item.
ЍЌ
ЍЍ Hayley Zagurski, Senior Planner, presented Public Hearing item 3C. Zagurski stated the
ЍЎ Environmentally Sensitive Area (ESA) being discussed is an undeveloped floodplain ESA.
ЍЏ
Ћ
Њ Zagurski stated the current zoning is Neighborhood Residential 3 (NR-3).
Ћ
Ќ Commissioner Beck questioned if the applicant developed 124 lots, would they still negatively
Ѝ impact the undeveloped floodplain. Zagurski stated yes, due to the location of the floodplain they
Ў would still impact it.
Џ
А Zagurski stated phase two will be developed after the Texas Department of Transportation
Б (TxDOT) updates plans for Country Club Road.
В
ЊЉ Deborah Viera, Assistant Director of Environmental Services, stated the applicant has stated they
ЊЊ will be developing only at the edges on the undeveloped flood plain.
ЊЋ
ЊЌ In 2015 staff conducted a field assessment and determined north of the existing driveway, the
ЊЍ stream was channelized and the floodplain was included in the Letter of Map Revisions (LOMR)
ЊЎ for Regency Oaks. The Up-stream Riparian Buffer, which is approximately one-third of the
ЊЏ assessed area, is not a defined stream but rather a series of pools that lack wetland vegetation and
ЊА downstream two-thirds of the site is a riparian stream ESA.
ЊБ
ЊВ Viera stated the applicant has provided the following Mitigation strategies: 1. Fill material will be
ЋЉ placed outside the driplines of the existing trees along the creek or the boundary of the Riparian
ЋЊ Buffer ESA. 2. Grading would be concentrated on the northern portions of the site. 3. Street layout
ЋЋ minimizes disturbance of the Riparian buffer and undeveloped floodplain. 4. Removal of invasive
ЋЌ species and re-vegetation with native species. 5. Earthen channel along the developed floodplain.
ЋЍ 6. Low number of residential lots.
ЋЎ
ЋЏ Zagurski stated staff does recommend approval with following conditions: 1. Disturbance of the
ЋА ESA shall not exceed fill in excess of 190,450 square feet of the Undeveloped Floodplain ESA. 2.
ЋБ Invasive species within the ESA areas shall be removed. 3. Plants installed as a part of the proposed
ЋВ native flora revegetation are to be installed and maintained by the current property
ЌЉ owner/developer for a period of three (3) years following installation. Any plants that are removed,
ЌЊ destroyed, or die within that three (3) year period are required to be replaced by the current property
ЌЋ owner/developer. 4. No encroachment into areas designated as Riparian buffer ESA.
ЌЌ
ЌЍ Hayley Zagurski, Senior Planner, presented Public Hearing item 3D. Zagurski stated the request
ЌЎ is for a rezoning from Neighborhood Residential 2 (NR-2) to Neighborhood Residential 4(NR-4)
ЌЏ which is consistent with the existing development pattern in use and scale.
ЌА
ЌБ Chair Rozell called a recess at 6:13 p.m.
ЌВ
ЍЉ Chair Rozell reconvened the Work Session at 6:21 p.m.
ЍЊ
ЍЋ
ЍЌ
ЍЍ
ЍЎ
ЍЏ
Ќ
Њ 2. Work Session Reports
Ћ
Ќ A. PZ18-150 Receive a presentation and hold a discussion regarding the Project Types
Ѝ considered by the Planning and Zoning Commission
Ў
Џ Julie Wyatt, Senior Planner, presented Work Session Report 2A.
А
Б Work Session item 2A will be continued to a later date.
В
ЊЉ Chair Rozell closed the Work Session at 6:29 p.m.
ЊЊ
ЊЋ REGULAR MEETING
ЊЌ
ЊЍ Chair Rozell opened the Regular Meeting at 6:40 p.m.
ЊЎ
ЊЏ The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, September
ЊА 12, 2018 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time
ЊБ the following items were considered:
ЊВ 1. PLEDGE OF ALLEGIANCE
ЋЉ
ЋЊ A. U.S. Flag B. Texas Flag
ЋЋ
ЋЌ 2. CONSENT AGENDA
ЋЍ
ЋЎ A. PP17-0001 Consider a request by Forestridge Inv. Ltd. for approval of a Preliminary Plat of the
ЋЏ Country Club Road Estates Addition. The 35.52-acre site is generally located on the east side of
ЋА Country Club Road, approximately 270 feet south of Regency Court in the City of Denton, Denton
ЋБ County, Texas.
ЋВ
ЌЉ B. PP18-0009 Consider a request by Denton Exchange LLC for approval of a Preliminary Plat of
ЌЊ Lots 1 & 2, Block A of the Fisher 59 Addition. The 49.99-acre site is generally located at the
ЌЋ northwest corner of the intersection of W. University Drive and N. Masch Branch Road in the City
ЌЌ of Denton, Denton County, Texas.
ЌЍ
ЌЎ C. FP18-0017 Consider a request by Raymond L. Wood for approval of a Final Plat of the Wood
ЌЏ Lands Addition. The 10.03-acre site is generally located on the west and north side of Fincher
ЌА Road, west of the intersection of Fincher Road and Cedar Creek Road in the Extraterritorial
ЌБ Jurisdiction of the City of Denton, Denton County, Texas.
ЌВ
ЍЉ Chair Rozell stated Consent Agenda Item 3C has been postponed by the applicant for a later date.
ЍЊ
ЍЋ Commissioner Margie Ellis motioned, Commissioner Larry Beck seconded to approve the Consent
ЍЌ Agenda. Motion approved (6-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck
ЍЍ "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda
ЍЎ "aye", and Commissioner Margie Ellis "aye".
ЍЏ
Ѝ
Њ
Ћ 3. PUBLIC HEARINGS
Ќ
Ѝ Chair Rozell stated Public Hearing item 3B has been moved to be heard before Public Hearing
Ў item 3A.
Џ
А A. Z18-0020a Hold a public hearing and consider making a recommendation to City Council
Б regarding a request for an initial zoning designation of Neighborhood Residential 3 (NR-3)
В District. The 47.466 acre site is generally located on the south side of E. Ryan Road, east of the
ЊЉ intersection of E. Ryan Road and Andrew Avenue, in the City of Denton, Denton County, Texas.
ЊЊ
ЊЋ Chair Rozell opened the Public Hearing.
ЊЌ
ЊЍ Cindy Jackson, Senior Planner, presented Public Hearing 3A. Staff recommends approval of Z18-
ЊЎ 0020 as it conforms to established requirements, including the requirements of the Pre-Annexation
ЊЏ Development Agreement (PADA).
ЊА
ЊБ Commissioner Rozell requested Jackson to address the traffic concerns from surrounding
ЊВ residents. Jackson stated the Traffic Engineering Department with City of Denton are currently
ЋЉ doing traffic counts on Ryan Rd and City Council did approve funding for the mobility plan which
ЋЊ is the first step in getting Ryan Road improved.
ЋЋ
ЋЌ The following individuals spoke during the Public Hearing:
ЋЍ
ЋЎ Thomas Fletcher, 5750 Genesis Court Frisco, Texas 75034. Supports this request.
ЋЏ Billy Caraway, 3909 Andrew Ave, Denton, Texas 76210. Opposed to this request.
ЋА Eric Clark, 3913 Andrew Ave, Denton, Texas 76210. Supports this request.
ЋБ Robert Heilig, 3855 Leisure Lane, Denton, Texas 76210. Opposed to this request.
ЋВ Tracy Jenkins, 801 Dayspring Dr. Denton, Texas 76210. Opposed to this request.
ЌЉ Ken Benjamin, 1009 Stoneway Dr. Denton, Texas 76210. Supports this request.
ЌЊ Betsy Kaesontae, 3933 Andrew Ave, Denton, Texas 76210. Opposed to this request.
ЌЋ
ЌЌ Thomas Fletcher, the applicant, provided answers to the questions the Commission had during the
ЌЍ Work Session. Fletcher stated the development is paying more for traffic impact fees, the
ЌЎ development will be built internal to the original tree canopy and the developer agreed to extend
ЌЏ the sanitary sewer line north of Ryan Road to allow the City of Denton connection.
ЌА
ЌБ Caraway requested what the quality of the homes in the development would be. Fletcher stated
ЌВ with the development and land cost the home prices will be around $350,000.00 to $450,000.00.
ЍЉ
ЍЊ Richard Cannone, Deputy Director of Development Services, requested Fletcher describe the lot
ЍЋ sizes of the development. Fletcher stated there will variable lot sizes, some from sixty by one
ЍЌ hundred and thirty, and some are extended to allow for a three car garage.
ЍЍ
ЍЎ Chair Rozell closed the Public Hearing.
ЍЏ
Ў
Њ Commissioner Larry Beck motioned, Commissioner Jason Cole seconded to approve the following
Ћ request. Motion approved (6-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck
Ќ "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda
Ѝ "aye", and Commissioner Margie Ellis "aye".
Ў
Џ B. FR18-0005 Consider a request by Tony Kimbrough with Kaz Surveying representing Randall
А Tudor for approval of a Final Replat Lot 1R, Block A of the Hilltop Ranch Addition. The
Б approximately 3.5 acre site is generally located on the west side of Hilltop Road, approximately
В 1,521 feet south of Brush Creek Road, in the Extraterritorial Jurisdiction of the City of Denton,
ЊЉ Denton County, Texas.
ЊЊ
ЊЋ Chair Rozell opened the Public Hearing.
ЊЌ
ЊЍ Cindy Jackson, Senior Planner, presented Public Hearing 3A. Staff does recommend approval of
ЊЎ this request, as it meets the established requirements.
ЊЏ
ЊА Chair Rozell closed the Public Hearing.
ЊБ
ЊВ Commissioner Larry Beck motioned, Commissioner Alfred Sanchez seconded to approve Public
ЋЉ Hearing item 3B. Motioned approved (6-0). Commissioner Alfred Sanchez "aye", Commissioner
ЋЊ Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner
ЋЋ Mat Pruneda "aye", and Commissioner Margie Ellis "aye".
ЋЌ
ЋЍ C. AESA16-0003 Hold a public hearing and consider making a recommendation to the City
ЋЎ Council regarding a request by Forestridge Inv. Ltd. for an Alternative Environmentally Sensitive
ЋЏ Area Plan for Country Club Road Estates. The approximately 35.52-acre subject property is
ЋА generally located on the east side of Country Club Road, approximately 270 feet south of Regency
ЋБ Court in the City of Denton, Denton County, Texas.
ЋВ
ЌЉ Chair Rozell opened the Public Hearing.
ЌЊ
ЌЋ Hayley Zagurski, Senior Planner, and Deborah Viera, Assistant Director of Environmental
ЌЌ Services, presented Public Hearing item 3C. Staff does recommend approval with following
ЌЍ conditions: 1. Disturbance of the ESA shall not exceed fill in excess of 190,450 square feet of the
ЌЎ Undeveloped Floodplain ESA. 2. Invasive species within the ESA areas shall be removed. 3. Plants
ЌЏ installed as a part of the proposed native flora revegetation are to be installed and maintained by
ЌА the current property owner/developer for a period of three (3) years following installation. Any
ЌБ plants that are removed, destroyed, or die within that three (3) year period are required to be
ЌВ replaced by the current property owner/developer. 4. No encroachment into areas designated as
ЍЉ Riparian buffer ESA.
ЍЊ
ЍЋ Lee Allison, Allison Engineering Group, the applicant, presented a presentation regarding the
ЍЌ development.
ЍЍ
ЍЎ
ЍЏ
Џ
Њ The following individuals requested to speak:
Ћ Lee Allison, 2415 N Elm, Denton, Texas 76201. Supports the request.
Ќ Chris Beggs, 401 Regency Court, Denton, Texas 76210. Supports the request.
Ѝ Stephanie Whatley, 801 Regency Court, Denton, Texas 76210. Undecided.
Ў Jim Specht, 400 Regency Court, Denton, Texas 76210. Opposed to the request.
Џ Rick Whisenhunt, 3306 Bemont Street, Denton, Texas 76210. Opposed to the request.
А Stacy Beavers, 121 Meadowlands Drive, Denton, Texas 76210. Supports the request.
Б Manal Omary, 201 Meadowland Drive, Denton, Texas 76210. Opposed to the request.
В
ЊЉ Specht, a representative of the Home Owners Association for the development to the north of the
ЊЊ proposed development, stated the residents are not opposed to the development, but concerned
ЊЋ about the drainage issues.
ЊЌ
ЊЍ Allison stated they have planned to install four five by ten foot box culverts to help with the
ЊЎ drainage issues.
ЊЏ
ЊА Chair Rozell closed the Public Hearing.
ЊБ
ЊВ There was no further discussion.
ЋЉ
ЋЊ Commissioner Margie Ellis motioned, Commissioner Alfred Sanchez seconded to approve Public
ЋЋ Hearing 3C with the following conditions: 1. Disturbance of the ESA shall not exceed fill in excess
ЋЌ of 190,450 square feet of the Undeveloped Floodplain ESA. 2. Invasive species within the ESA
ЋЍ areas shall be removed. 3. Plants installed as a part of the proposed native flora revegetation are to
ЋЎ be installed and maintained by the current property owner/developer for a period of three (3) years
ЋЏ following installation. Any plants that are removed, destroyed, or die within that three (3) year
ЋА period are required to be replaced by the current property owner/developer. 4. No encroachment
ЋБ into areas designated as Riparian buffer ESA. aƚƷźƚƓ ğƦƦƩƚǝĻķ ΛЏΏЉΜ͵ Commissioner Alfred Sanchez
ЋВ "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell
ЌЉ "aye", Commissioner Mat Pruneda "aye", and Commissioner Margie Ellis "aye".
ЌЊ
ЌЋ D. Z18-0015 Hold a public hearing and consider making a recommendation to City Council
ЌЌ regarding a request by B.J.H. Johnson Properties LTD for a zoning change from a Neighborhood
ЌЍ Residential 2 (NR-2) District to a Neighborhood Residential 4 (NR-4) District. The 13.48-acre site
ЌЎ is generally located on the south side of Audra Lane, approximately 90 feet west of Barbara Street,
ЌЏ in the City of Denton, Denton County, Texas.
ЌА
ЌБ Chair Rozell opened the Public Hearing.
ЌВ
ЍЉ Hayley Zagurski, Senior Planner, presented Public Hearing item 3D. Staff recommends approval
ЍЊ of this request as the zoning is consistent with the surrounding area and with the goals and
ЍЋ objectives of the Denton Plan 2030.
ЍЌ
ЍЍ The following individuals requested to speak:
ЍЎ Sean Faulkner, 2713 Bissonet Drive, Denton, Texas 76210. Supports the request.
ЍЏ Gene Finley, 2409 Whispering Oaks, Denton, Texas 76209.
А
Њ John Maxwell, 2801 Howard Court, Denton, Texas 76209. Opposed to the request.
Ћ Jay Leek, 1216 Oak Valley Street, Denton, Texas 76209. Opposed to the request.
Ќ Nancy Carson, 2908 Oakshire Street, Denton, Texas 76209. Opposed to the request.
Ѝ Linda Bleess, 2805 Howard Court, Denton, Texas 76209. Opposed to the request.
Ў Charlie Rosendahl, 1001 Barbara Street, Denton, Texas 76209. Opposed to the request.
Џ Bob Heilig, 3855 Leisure Lane, Denton, Texas 76210. Opposed to the request.
А Lynette Leek, 1216 Oak Valley, Denton, Texas 76209. Opposed to the request.
Б
В Sean Faulkner of Foresite Group, the applicant, provided a presentation regarding the
ЊЉ development.
ЊЊ
ЊЋ Chair Rozell noted the concept plan provided by the applicant will not be used in the determination
ЊЌ for rezoning the property.
ЊЍ
ЊЎ Commissioner Beck questioned if the opposition count meets the requirements for a super majority
ЊЏ vote for City Council. Zagurski stated prior to the meeting staff calculated the opposition area at
ЊА 3%.
ЊБ
ЊВ Commissioner Rozzell closed the Public Hearing.
ЋЉ
ЋЊ Commissioner Beck, Commissioner Sanchez and Commissioner Ellis provided their justification
ЋЋ for approving Public Hearing item 3D.
ЋЌ
ЋЍ There was no further discussion.
ЋЎ
ЋЏ Commissioner Larry Beck motioned. Commissioner Alfred Sanchez second to approve Public
ЋА Hearing item 3D. Motion approved (6-0). Commissioner Alfred Sanchez "aye", Commissioner
ЋБ Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner
ЋВ Mat Pruneda "aye", and Commissioner Margie Ellis "aye".
ЌЉ
ЌЊ 4. PLANNING & ZONING COMMISSION PROJECT MATRIX
ЌЋ A.PZ18-157 Planning and Zoning Commission Project Matrix.
ЌЌ
ЌЍ Richard Cannone, Deputy Director of Development Services, provided an update to the tree code
ЌЎ and staff is still working on the changes.
ЌЏ
ЌА Commissioner Beck questioned the requirement of the orange fence placed around the trees is
ЌБ supposed to be at the drip line. Cannone stated he needed to get with Haywood Morgan, Urban
ЌВ Forester, and would provide staffs determination. Commissioner Ellis requested the process of
ЍЉ notifying business owners if they will be impacted by City updates.
ЍЊ
ЍЋ Commissioner Ellis requested the process for receiving services when being annexed into the city.
ЍЌ Cannone stated he has noted the issue and will provide feedback.
ЍЍ
ЍЎ Chair Rozell closed the Regular Meeting at 9:36 p.m.
ЍЏ
Б
S:\\Legal\\Our Documents\\Ordinances\\18\\AESA16-0003 Draft Ordinance JD.docx
ORDINANCE NO. ______________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING AN ALTERNATIVE
ENVIRONMENTALLY SENSITIVE AREA PLAN FOR APPROXIAMTELY 35.52-ACRES
OF LAND GENERALLY LOCATED ON THE EAST SIDE OF COUNTRY CLUB ROAD,
APPROXIMATELY 270 FEET SOUTH OF REGENCY COURT IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS;
ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE. (AESA16-0003)
WHEREAS, Allison Engineering Group, on behalf of the property owner Forrestridge
Inv. Ltd., has applied for an Alternative ESA Plan for Country Club Road Estates, a parcel of
land approximately 35.52 acres in area, legally described and depicted
WHERE
mitigate encroachments from filling and grading activities into portions of the Undeveloped
Floodplain ESA on the Proin exchange for the removal of
invasive flora and the replanting of native species within the Developed and Undeveloped
Floodplain ESA; and
WHEREAS, on September 12, 2018, the Planning and Zoning Commission, in
compliance with the laws of the State of Texas, gave requisite notices by publication and
otherwise, afforded full and fair public hearings to property owners and interested citizens, and
recommended approval (6-0) of the Alternative ESA Plan; and
WHEREAS, on October 16, 2018, the City Council likewise conducted a public hearing
as required by law, and finds that the request satisfies all substantive and procedural standards set
forth in Section 35.3.4 of the Denton Development Code, and is consistent with the Denton Plan
and the Denton Development Code; and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for an Alternative ESA Plan for the property, have
determined that the proposed use is in the best interest of the health, safety, morals, and general
welfare of the City of Denton; accordingly, the City Council of the City of Denton is of the
opinion and finds that said Alternative ESA Plan is in the public interest and should be granted
as set forth herein; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The Alternative ESA Plan is hereby approved with the following
conditions:
1. No more than 190,450 square feet of the Undeveloped Floodplain ESA may be disturbed
by adding fill.
2. Invasive species within the ESA areas, specifically Chinese Privet and Callery Pear, shall
be removed.
3. Plants installed as a part of the proposed native flora revegetation are to be installed and
maintained by the current property owner/developer for a period of three (3) years
following installation. Any plants that are removed, destroyed, or die within that three (3)
year period are required to be replaced by the current property owner/developer.
4. No encroachment into areas designated as Riparian buffer ESA.
SECTION 3. ESA map is hereby amended to show the change in the
ESA designation and classification.
SECTION 4. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person, firm, partnership or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this
ordinance is violated shall constitute a separate and distinct offense.
SECTION 6. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in
effect when the offense was committed and the former law is continued in effect for this purpose.
SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance
shall become effective fourteen (14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be published twice in the Denton
Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10)
days of the date of its passage.
The motion to approve this ordinance was made by __________________________ and
seconded by _________________________________, the ordinance was passed and approved
by the following vote \[___ - ___\]:
Aye Nay Abstain Absent
Chris Watts, Mayor: ______ ______ ______ ______
Gerard Hudspeth, District 1: ______ ______ ______ ______
Keely G. Briggs, District 2: ______ ______ ______ ______
Don Duff, District 3: ______ ______ ______ ______
John Ryan, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
Exhibit A
Legal Description
STATE OF TEXAS
COUNTY OF DENTON
\[LEGAL DESCRIPTION\]
Exhibit B
Alternative ESA Plan
ALTERNATIVE ENVIRONMENTALLY SENSITIVE AREA
(AESA) REPORT
FOR
COUNTRY CLUB ROAD ESTATES
DENTON, TEXAS
PREPARED FOR:
FORESTRIDGE INC. LTD.
Prepared September 4, 2018
TBPE Firm #: 7898
AEG PROJECT # KCH1404
P:\\Projects\\KCH1404 - Country Club Road Estates\\City Submittal-Comments\\Floodplain
Reports\\Alternate ESA\\5th Submittal\\Report\\2018-0904 Revised ESA Report\\AESA Report.doc
Page 3 of 15
EXECUTIVE SUMMARY
This Alternative Environmentally Sensitive Area (AESA) Report was prepared on
behalf of Forestridge Inc. Ltd. for the purpose of defining the impacts of the
development of a residential subdivision named Country Club Road Estates on
the Flood Hazard Area within the proposed developments property. The property
is located in Denton County, east and south of US377 and west of FM2181, south
of Regency Court on Country Club Road and north of Sanders Road.
This AESA Report was
Development Code (DDC) Section 35.17.7.C.1
Design Criteria Manual (July 26, 2013). The proposed improvements show fill
greater than that allowed per the subchapter within the defined FEMA
floodplain, however, this AESA Plan presents an alternative proposal to the DDC
Section that will results in a high-quality development meeting the intent of the
standards in the DDC.
This AESA Report is to be used in conjunction with the Country Club Road Estates
Conditional Letter of Map Revision (CLOMR) prepared on May 14, 2018. All
technical methods and modeling results are explained in the CLOMR.
Page 4 of 15
CONTACT INFORMATION
Technical questions regarding the results of the CLOMR Drainage Study and
AESA Report may be directed to the following engineer:
Lawrence (Lance) Holdorf, P.E.
Allison Engineering Group
TBPE Firm Registration No. 7898
2415 N. Elm Street
Denton, Texas 76201
(940) 380-9453 (ex. 103) Office
(317) 412-0234 Cell
Page 5 of 15
TABLE OF CONTENTS
Page
EXECUTIVE SUMMARY ............................................................................................................................... 3
CONTACT INFORMATION ........................................................................................................................ 4
TABLE OF CONTENTS ................................................................................................................................. 5
LIST OF FIGURES .......................................................................................................................................... 5
ALTERNATIVE ENVIRONMENTALLY SENSITIVE AREA (AESA) REPORT .............................................. 6
1 INTRODUCTION ................................................................................................................................... 6
1.1 Project Location ....................................................................................................................... 6
1.2 Purpose ....................................................................................................................................... 7
2 EXISTING SITE DESCRIPTION .............................................................................................................. 7
2.1 Existing Environmentally Sensitive Area .............................................................................. 8
3 PROPOSED SITE IMPROVEMENTS DESCRIPTION ........................................................................ 11
3.1 Proposed Site Description .................................................................................................... 11
3.2 Proposed Floodplain Improvements ................................................................................ 11
3.3 Alternative Enhancements ................................................................................................. 13
4 CONCLUSION ................................................................................................................................... 15
LIST OF FIGURES
Figure 1 - Location Map .................................................................................................................................. 6
Figure 2 - ESA Stream Buffer Map .................................................................................................................. 8
Figure 3 - Riparian Buffer Map ....................................................................................................................... 9
Figure 4 - Existing Floodplain Delineation .................................................................................................... 10
Figure 5 - FEMA Floodplain Reclamation Map ............................................................................................. 12
Figure 6 - Typical Floodplain Fill Cross Section ............................................................................................. 13
Page 6 of 15
ALTERNATIVE ENVIRONMENTALLY SENSITIVE AREA
(AESA) REPORT
1 INTRODUCTION
This Alternative Environmentally Sensitive Area (AESA) Report presents an
application to address the City of Denton Development Code (DDC) regulations
through a fle
Amendment Procedure outlined in DDC Subchapter 35.3.4. This AESA Plan
presents an alternative proposal that will results in a high-quality development
meeting the intent of the standards in the DDC.
This AESA Report is to be used in conjunction with the Country Club Road Estates
Conditional Letter of Map Revision (CLOMR) Floodplain Report prepared on May
14, 2018. All technical methods and modeling results are explained in the CLOMR
Floodplain Report.
1.1 Project Location
The proposed development is located in Denton County, east and south of
US377 and west of FM2181 as illustrated below in Figure 1 - Location Map. The
project site location is comprised of 4 tracts of property, containing a total of
35.52 acres, segmented by Hickory Creek Tributary 7 running from north to south.
The project location is proposed to be subdivided to form a development
named Country Club Road Estates.
Figure 1 - Location Map
Page 7 of 15
1.2 Purpose
It is the intent of the applicant that this report be used to present an alternative
proposal to the City to demonstrate that the improvements will result in a high-
quality development that will meet the intent of the standards in the DDC.
Furthermore, this report is intended to present an Alternative Environmentally
Sensitive Area (AESA) application for the area along the presented section of
Hickory Creek to the City of Denton for the purpose of approving the proposed
modifications to the effected Flood Hazard Area.
2 EXISTING SITE DESCRIPTION
The existing properties proposed for development is located along the east side
of Country Club Road between Regency Court and Sanders Road. The current
addresses are 3301, 3477-3555 Country Club Road (FM 1830) for a total of 4
parcels of land containing a total of 35.52 acres. The Site is in a developing part
of the City. The area has been developed with 11 residential homes, garages
and several sheds and barns. These structures are around 55 to 60 years old and
are in different stages of aging. There are 10 existing homes fronting Country
Club Road, each having an individual drive, plus a drive to an existing residence
on the east tract.
FIRM#48121C0370 G running through the
middle of the property comprised of a combination of developed and
undeveloped flood plain ESA with a 50 Ft Stream Buffer dividing the site from
north to south.
There is an existing gas line that runs through the flood plain and will be
abandoned upon development. There is also an existing overhead electric
service line running through the development, which will also be abandoned.
concrete culvert which outfalls into a drainage ditch that travels from the east
property line to the existing stream.
The contributing watershed is comprised of Low Residential, Moderate
Residential, Community Mixed Use and Open Space land uses.
In or
rezoned the property. It was changed from fifteen and one half (15.5) acres
being zoned NR-2 and 20.16 acres being zoned NR-4, allowing for the possibility
of a total of 111 lots if the properties were to be fully developed, to the whole site
being NR-3, allowing potentially 124 lots. However,
developer limited the maximum number of lots to 78 (73 lots platted).
Page 8 of 15
2.1 Existing Environmentally Sensitive Area
Hickory Creek Tributary 7 is lined with vegetation on the stream banks throughout
the site. Existing tributary depths range from two to six feet. The tributary appears
to be stable with no signs of erosion. It that
there are two species of invasive woody plants found within the Riparian Buffer
and Environmentally Sensitive Area; Chinese Privet and Callery Pear.
There is an existing 50-foot Stream Buffer encompassing the portion of Hickory
Creek Tributary 7 that runs through the proposed development. Approximately
445 linear feet of the onsite 50-foot Stream Buffer has been removed, leaving
approximately 520 Linear Feet of Existing 50-foot Stream Buffer as illustrated in the
below Figure 2 - ESA Stream Buffer Map and Figure 3 - Riparian Buffer Map.
Figure 2 - ESA Stream Buffer Map
Page 9 of 15
Figure 3 - Riparian Buffer Map
The existing property has both Developed and Undeveloped Floodplain
encompassing the onsite Hickory Creek Tributary 7 channel that flows through
the property, illustrated in the below Figure 4 - Existing Floodplain Delineation.
A developed Floodplain is defined as a floodplain within the FEMA 100-year
floodplain. These areas have typically been channelized or the land within these
areas has been graded, filled or otherwise disturbed. Undeveloped Floodplain is
defined as areas within the FEMA 100-year floodplain, or other floodplain that is
undeveloped and in its natural state. Like the stream buffer, the developed
floodplain extends into the property from the north approximately 445 linear feet
before it transitions into the undeveloped floodplain, extending approximately
520 linear feet to the south property line. The existing onsite Developed
Floodplain was determined from the FEMA map to be approximately 79,160
square feet. The undeveloped Floodplain was determined to be approximately
299,250 square feet. The total floodplain, combining Developed and
Undeveloped Floodplain was calculated to be 378,410 square feet. Floodplain
work maps from the CLOMR Floodplain Report (City number CL17-0001), show
the limits of the floodplain onsite.
Page 10 of 15
Figure 4 - Existing Floodplain Delineation
developed floodplain. It appears that the only reason for the small stretches of
undeveloped floodplain is due to it being in an agricultural setting within urban
boundaries that have not yet been urbanized. The terrain does not appear
suitable to a rural type habitat and an urban greenspace would be a
responsible use for the area.
It was determined on April 3, 2017 by Jones & Ridenour, Inc., that three
Threatened and Endangered Species could be present in the site area. Upon a
field investigation by Jones & Ridenour, Inc., they concluded that there do not
appear to be any federally-listed, threatened or endangered species, or critical
habitats thereof, on-
th
(USFWS) on May 4, 2017.
Page 11 of 15
3 PROPOSED SITE IMPROVEMENTS DESCRIPTION
3.1 Proposed Site Description
The proposed development titled Country Club Road Estates, is proposed as a
single family residential addition. The project will consist of 73 lots on 35.52 acres.
The proposed development will remove all 11 homes and structures, abandon
the drives and create two entries from Country Club Road.
The proposed infrastructure will include neighborhood residential access roads,
water and sanitary sewer to service the proposed residential lots. The primary
proposed road will run along the north side of the development, east to west,
placed over an existing drive to a residential home. The proposed improvements
will be in Codes and Criteria Manuals.
The future ultimate spread of water was determined by the CLOMR flood study
prepared May 14, 2018. Fill material will be required to bring the areas adjacent
to the floodplain above the Base Flood Elevation (BFE) and further channelize
Hickory Creek Tributary No 7. All fill material will be placed outside the driplines of
the existing trees along the Creek or the boundary of the Stream Buffer,
whichever is larger. This will also serve to preserve the trees in and along the
stream buffer. A drainage easement is proposed along Hickory Creek Tributary
No 7 for maintenance and access.
3.2 Proposed Floodplain Improvements
The proposed development improvements consist of adding fill within the FEMA
Floodplain boundary, up to, but not within the Existing Stream Buffer. Grading
efforts will take place within the Removed 50-foot Stream Buffer for the
channelization of the stream in conjunction with the construction of multiple box
culverts to convey the flow under a proposed residential street section that is
planned to replace the existing residential drive stream crossing.
The proposed development will consist of approximately 53,820 square feet of fill
within the developed floodplain, and approximately 190,450 square feet of fill
within the Undeveloped Floodplain as illustrated in the below Figure 5 - FEMA
Floodplain Reclamation Map. The break between the undeveloped and the
developed floodplain is at the limits of the LOMR 13-06-3653P.
Page 12 of 15
Figure 5 - FEMA Floodplain Reclamation Map
The proposed development will consist of disturbing approximately 290 linear
feet of the 445 linear feet of 50-Foot Removed Stream Buffer.
The hydraulic analysis calculated and determined by the CLOMR prepared on
May 14, 2018, shows that the ultimate condition flow can be contained as
illustrated in the above Figure 5 - FEMA Floodplain Reclamation Map by adding
up to approximately 4 feet of fill along the existing tributary as shown below in
the Figure 6 - Typical Floodplain Fill Cross Section. This fill will not extend into or
past the dripline of the existing trees expressed to be preserved, or encroach into
the 50-foot stream buffer, or 100-foot riparian buffer.
Page 13 of 15
Figure 6 - Typical Floodplain Fill Cross Section
The Existing floodplain was discussed above in Section 2.1 Existing
Environmentally Sensitive Area. The Developed Floodplain of approximately
79,160 square feet will decrease to approximately 26,760 square feet. The
Undeveloped Floodplain of approximately 299,250 square feet will decrease to
approximately 129,050 square feet. The total existing floodplain was determined
to be 378,410 square feet, the proposed floodplain will be 155,810 square feet.
The total floodplain reduction will be approximately 222,600 square feet as
illustrated in Figure 5 - FEMA Floodplain Reclamation Map. Floodplain work maps
included in the CLOMR Floodplain Report (City number CL17-0001) show the
limits of the proposed floodplain and grading efforts onsite.
3.3 Alternative Enhancements
The proposed development is not in compliance with the Denton Development
Code (DDC) SFilling of any floodplain of
a stream that drains more than one square mile is prohibited unless the fill on any
lot is less than 50 cubic yards or 300 cubic feet per acre, whichever is greater. Up
to 15% of the floodplain valley storage may be filled if the stream drains less than
one square mile in area pursuant to this Subchapter and federal law
The City provides an option to address the regulations through the Alternative
Environmentally Sensitive Area (AESA) Plan. For the acceptance of the AESA
plan, the developer must demonstrate that the development will result in a high-
quality development that will meet the intent of the standards in the DDC
through the following enhancements:
1. Lower Lot Density than Maximum Zoning Density allowed
2. Removal of Invasive Species
3. Revegetate with native flora
4. Earthen channel in developed floodplain
5. Revegetate developed floodplain with native flora
Page 14 of 15
space area, the developer elected to create a highly desirable single-family
residential addition with fewer and larger lots than the zoning allowed. The lot
count was reduced from 111 to a maximum of 78, having an average lot size of
17,792 sf, compared to 10,570 sf (including street ROW).
The original zoning of NR2/NR4 allowed for 111 maximum number of lots. The
geometry of the zoning was awkward and did not transition well. Furthermore,
the developer preferred to have a fewer number of larger, quality lots that fit in
better with the surrounding developments. Primarily all that was required to
accomplish this was to recover a part of the floodplain and allocate the
recovered area to the lots. Unfortunately, the zoning configuration did not allow
the reallocation to be evenly distributed. Therefore, a new zoning of NR3 was
established on the entire site. The NR3 allowed for an increase of the maximum
number of lots to 124, which was even greater than the original dual zoning. The
increase in the maximum number of lots was not congruent with
goal. In order to reflect the developers goal of using the reclaimed area for
larger lots, an overlay restriction of 78 lots was placed on the property during the
rezoning case. Additionally, the final number of lots being proposed was further
reduced to 73 during the preliminary platting process by the developer. The
proposed lot sizes range from 10,000 sf to 18,000 sf, with a few going up to 24,000
sf.
In addition, and per staff recommendation, the developer intends to remove the
two woody invasive species previously stated through root pruning the Chinese
Privet and hand clearing out the Callery Pear in locations and per the
recommendations within the Country Club Road Invasive Report by Tree
Shepherds. More specifically, species removal would be by cutting the stems
near the ground and painting the cut stumps with an herbicide. Grubbing the
It was reported in the Country Club Road Estates Invasive Report, that the
invasive species is smothering the native flora. The removal of the invasive
species will provide opportunity for the established flora to remain and flourish.
Furthermore, the cleared area will be replanted with native plants such as
Beautyberry, both in the developed and undeveloped floodplain where invasive
species are removed.
The developer will further enhance the property and protect the ESA and
Floodplain by keeping the channel earthen. All regraded channel areas will be
replanted with native ground cover such as Little Bluestem, Indiangrass, sideoats
grama, buffalograss and Texas wintergrass.
Page 15 of 15
4 CONCLUSION
The proposed development will be a high-quality development that is proposed
to meet the intent of the standards in the DDC. It will improve the drainage area
in terms of channel stability and minimizing existing high-water impacts to the
surrounding developed community.
No adverse effects upstream or downstream are anticipated by the proposed fill
as concluded in the CLOMR Drainage Study prepared May 14, 2018. The CLOMR
drainage study of Hickory Creek Tributary 7 determined the BFE of the proposed
site. The proposed developed floodplain will accommodate the ultimate flow
conditions and will not increase the flood levels on the neighboring properties.
Hydrologic and hydraulic models were developed by Allison Engineering Group,
Inc. to reflect the existing and proposed conditions. After development of the
site, a final hydrologic analysis will be modified as appropriate to submit a Letter
of Map Revision (LOMR) to the City of Denton and FEMA for the purpose to
modify the Special Flood Hazard Area in accordance with the final construction
of the improvements.
Planning Staff Analysis
AESA16-0003/Country Club Road Estates
City Council District 4
October 16, 2018
REQUEST:
Hold a public hearing and consider adoption of an ordinance related to a request for an
Alternative Environmentally Sensitive Area Plan for Country Club Road Estates. The
approximately 35.52-acre subject property is generally located on the east side of Country Club
Road, approximately 270 feet south of Regency Court in the City of Denton, Denton County,
Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof;
providing a severability clause and an effective date. (AESA16-0003, Country Club Road
Estates, Hayley Zagurski).
OWNER:
Forestridge Inv. Ltd.
APPLICANT:
Allison Engineering Group
BACKGROUND:
Country Club Road Estates is a proposed single-family subdivision located on approximately
35.5 acres of land located on the east side of Country Club Road south of Regency Court. A
preliminary plat for the subdivision is being considered by the Planning and Zoning Commission
on September 12, 2018.
Application for the AESA Plan and Preliminary Plat (Exhibit 8) were made in 2016, prior to
approval of new ESA regulations by the City Council in April of 2018. Thus, the content of this
AESA Plan was reviewed under the prior ESA regulations that were in place in Subchapter 17 of
the Denton Development Code (DDC) at the time of application.
Lots 1-X and 2-X of the Preliminary Plat encompass a stream channel
(Hickory Creek Tributary 7) and Zone AE floodplain. Portions of the stream channel and
floodplain are designated as Environmentally Sensitive Areas (ESA). Specifically, there are three
types of ESA present on the property: Stream Buffer, Developed Floodplain, and Undeveloped
Floodplain. The AESA Plan is for the purpose of deviating from the Undeveloped Floodplain
ESA regulations.
The northern approximately 445 linear feet of the stream buffer designation was removed
in 2015 following an ESA field assessment.
The southern 520 linear feet of the Stream Buffer was confirmed based on ground
conditions during the ESA field assessment.
The Developed Floodplain, which is defined as an area within the 100-year FEMA
floodplain that has been channelized, graded, filled, or otherwise disturbed, extends from
the northern property line approximately 445 feet into the property for a total of 79,160
square feet of area.
The southern 520 linear feet of the floodplain is considered Undeveloped Floodplain and
consists of 299,250 square feet of area.
All of the three ESA types are shown on Exhibit 5 as well as within the AESA Plan in Exhibit 6.
For the purpose of reclaiming portions of the floodplain, the applicant is proposing to add up to 4
feet of fill depth within the Developed and Undeveloped Floodplain ESA, but not within the
Stream Buffer ESA. Grading and fill will occur within the northern half of the property to
channelize the stream into a culvert to convey flow under a proposed residential street. Fill
within the Developed Floodplain ESA would consist of 53,820 square feet of fill area. Fill within
the Undeveloped Floodplain ESA would be 190,450 square feet of fill area and would exceed the
DDC 35.17.7 limitation of 50 cubic yards. The applicant has proposed multiple mitigation
strategies in exchange for exceeding this fill limitation, including lower the density of the
development, removal of invasive species, revegetation within native plants, and the use of an
earthen channel instead of a concrete channel as described in Exhibit 6.
SITE DATA:
The subject property includes 35.52 acres of land that are currently developed with 11 single-
family homes on four unplatted tracts of land. Hickory Creek Tributary 7 traverse the property in
a north-south direction. Stream Buffer and Floodplain ESAs exist around this creek as described
above and shown in Exhibits 5 and 6.
The property has approximately 950 feet of frontage on Country Club Road. Country Club Road
is classified as a secondary arterial roadway on the Mobility Plan.
The subject property is zoned Neighborhood Residential 3 District.
SURROUNDING ZONING AND LAND USES:
Northwest: North: Northeast:
Zoning: NR-3 and NR-2 Zoning: NR-2 District Zoning: NR-2 District
Districts
Uses: Single-family Uses: Single-family
Use: Single-family
West: East:
Zoning: NR-3 District Zoning: NR-2 District
SUBJECT PROPERTY
Uses: Single-family Uses: Single-family
Southwest: South: Southeast:
Zoning: NR-3 District Zoning: NR-2 District Zoning: NR-2 District
Uses: Single-family Uses: Single-family and Gas Uses: Single-family
well
CONSIDERATIONS:
1. Prior to the adoption of the revised ESA Code in April of 2018, Section 35.17.12 of the
DDC
proposal results in a high quality development meeting the intent of the standards in the
The applicant has proposed the following alternatives to mitigate for the encroachments
into the Undeveloped Floodplain ESA:
Lower density than the maximum allowed by the zoning.
In 2016 a rezoning from a split of NR-2 and NR-4 Districts to NR-3 District was
approved. This reduced the maximum number of lots from 111 to 78. The Preliminary
Plat depicts only 73 lots proposed. Provided a fewer number of larger lots with a
maximum lot coverage of 50% will result in less impervious area being developed
within the subdivisions, which will result in less storm water runoff to the floodplain
and stream.
Removal of invasive species.
The applicant employed the Tree Shepards to assess the invasive species present on
the property. The report found two woody invasive species, Chinese Privet and
Callery Pear within the ESA area. Removal of these species could allow existing and
replanted native species a better opportunity to grow without competition from
invasive species.
Revegetation within native flora.
The applicant proposes to revegetate cleared area with native species such as
Redbuds, Yaupon
Beautyberry. The applicant worked with Tree Shepards and Environmental Services
staff to develop this list of appropriate native species to replant in the Developed and
Undeveloped Floodplain.
Earthen channel within the Developed Floodplain.
The stream channel will be kept earthen in all areas except where it must convey
water under the proposed residential street. Areas of the channel within the
Developed Floodplain ESA that are regraded will be replanted with native ground
covers such as Little Bluestem, Indian Grass, Sideoats grama, Buffalo Grass, and
Texas Wintergrass.
2. A Conditional Letter of Map Revision (CLOMR) has been reviewed by staff and
forwarded to FEMA for review. The CLOMR drainage study supports the reclamation of
the outer edges of the Floodplain by means of up to 4 feet of fill within an area totaling
approximately 244,270 square feet. This CLOMR is required to be fully approved by
FEMA prior to the approval of a final plat for this development.
STAFF RECOMMENDATION:
The Development Review Committee recommends approval of this request with the following
conditions:
1. No more than 190,450 square feet of the Undeveloped Floodplain ESA may be disturbed
by adding fill.
2. Invasive species within the ESA areas, specifically Chinese Privet and Callery Pear, shall
be removed.
3. Plants installed as a part of the proposed native flora revegetation are to be installed and
maintained by the current property owner/developer for a period of three (3) years
following installation. Any plants that are removed, destroyed, or die within that three (3)
year period are required to be replaced by the current property owner/developer.
4. No encroachment into areas designated as Riparian buffer ESA.
PUBLIC NOTIFICATION:
To comply with the public hearing notice requirements, 45 notices were sent to property owners
within 200 feet of the subject property, 127 courtesy notices were sent to physical addresses
within 500 feet of the subject property, a notice was published in the Denton Record Chronicle,
and signs were placed on the property. As of the issuance of this report one response in
opposition to the request has been received and one neutral response has been received form a
resident who no longer lives within the notification radius.
The applicant held a neighborhood meeting on Wednesday, September 5, 2018. Approximately
15 individuals attended the meeting. The applicant presented the proposed preliminary plat and
floodplain modifications and answered questions regarding drainage, access, and tree
preservation.
AESA16-0003
Site Location
02555101,020
Feet
SITECOD
µ
ETJ
Parcels
NAA 8/1/20
Roads
Date: 8/16/2018
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
AESA16-0003
Zoning Map
IC-E
NR-6
CM-G
EC-I
NRMU
NR-4
IC-G
EC-C
NR-3
NR-2
ETJ
NR-1
02555101,020
Feet
SITECM-GIC-ENR-3
µ
EC-CIC-GNR-4
Parcels
EC-INR-1NR-6
Roads
ETJNR-2NRMU
Date: 8/16/2018
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
ALTERNATIVE ENVIRONMENTALLY SENSITIVE AREA
(AESA) REPORT
FOR
COUNTRY CLUB ROAD ESTATES
DENTON, TEXAS
PREPARED FOR:
FORESTRIDGE INC. LTD.
Prepared September 4, 2018
TBPE Firm #: 7898
AEG PROJECT # KCH1404
P:\\Projects\\KCH1404 - Country Club Road Estates\\City Submittal-Comments\\Floodplain
Reports\\Alternate ESA\\5th Submittal\\Report\\2018-0904 Revised ESA Report\\AESA Report.doc
Page 3 of 15
EXECUTIVE SUMMARY
This Alternative Environmentally Sensitive Area (AESA) Report was prepared on
behalf of Forestridge Inc. Ltd. for the purpose of defining the impacts of the
development of a residential subdivision named Country Club Road Estates on
the Flood Hazard Area within the proposed developments property. The property
is located in Denton County, east and south of US377 and west of FM2181, south
of Regency Court on Country Club Road and north of Sanders Road.
This AESA Report was
Development Code (DDC) Section 35.17.7.C.1
Design Criteria Manual (July 26, 2013). The proposed improvements show fill
greater than that allowed per the subchapter within the defined FEMA
floodplain, however, this AESA Plan presents an alternative proposal to the DDC
Section that will results in a high-quality development meeting the intent of the
standards in the DDC.
This AESA Report is to be used in conjunction with the Country Club Road Estates
Conditional Letter of Map Revision (CLOMR) prepared on May 14, 2018. All
technical methods and modeling results are explained in the CLOMR.
Page 4 of 15
CONTACT INFORMATION
Technical questions regarding the results of the CLOMR Drainage Study and
AESA Report may be directed to the following engineer:
Lawrence (Lance) Holdorf, P.E.
Allison Engineering Group
TBPE Firm Registration No. 7898
2415 N. Elm Street
Denton, Texas 76201
(940) 380-9453 (ex. 103) Office
(317) 412-0234 Cell
Page 5 of 15
TABLE OF CONTENTS
Page
EXECUTIVE SUMMARY ............................................................................................................................... 3
CONTACT INFORMATION ........................................................................................................................ 4
TABLE OF CONTENTS ................................................................................................................................. 5
LIST OF FIGURES .......................................................................................................................................... 5
ALTERNATIVE ENVIRONMENTALLY SENSITIVE AREA (AESA) REPORT .............................................. 6
1 INTRODUCTION ................................................................................................................................... 6
1.1 Project Location ....................................................................................................................... 6
1.2 Purpose ....................................................................................................................................... 7
2 EXISTING SITE DESCRIPTION .............................................................................................................. 7
2.1 Existing Environmentally Sensitive Area .............................................................................. 8
3 PROPOSED SITE IMPROVEMENTS DESCRIPTION ........................................................................ 11
3.1 Proposed Site Description .................................................................................................... 11
3.2 Proposed Floodplain Improvements ................................................................................ 11
3.3 Alternative Enhancements ................................................................................................. 13
4 CONCLUSION ................................................................................................................................... 15
LIST OF FIGURES
Figure 1 - Location Map .................................................................................................................................. 6
Figure 2 - ESA Stream Buffer Map .................................................................................................................. 8
Figure 3 - Riparian Buffer Map ....................................................................................................................... 9
Figure 4 - Existing Floodplain Delineation .................................................................................................... 10
Figure 5 - FEMA Floodplain Reclamation Map ............................................................................................. 12
Figure 6 - Typical Floodplain Fill Cross Section ............................................................................................. 13
Page 6 of 15
ALTERNATIVE ENVIRONMENTALLY SENSITIVE AREA
(AESA) REPORT
1 INTRODUCTION
This Alternative Environmentally Sensitive Area (AESA) Report presents an
application to address the City of Denton Development Code (DDC) regulations
through a fle
Amendment Procedure outlined in DDC Subchapter 35.3.4. This AESA Plan
presents an alternative proposal that will results in a high-quality development
meeting the intent of the standards in the DDC.
This AESA Report is to be used in conjunction with the Country Club Road Estates
Conditional Letter of Map Revision (CLOMR) Floodplain Report prepared on May
14, 2018. All technical methods and modeling results are explained in the CLOMR
Floodplain Report.
1.1 Project Location
The proposed development is located in Denton County, east and south of
US377 and west of FM2181 as illustrated below in Figure 1 - Location Map. The
project site location is comprised of 4 tracts of property, containing a total of
35.52 acres, segmented by Hickory Creek Tributary 7 running from north to south.
The project location is proposed to be subdivided to form a development
named Country Club Road Estates.
Figure 1 - Location Map
Page 7 of 15
1.2 Purpose
It is the intent of the applicant that this report be used to present an alternative
proposal to the City to demonstrate that the improvements will result in a high-
quality development that will meet the intent of the standards in the DDC.
Furthermore, this report is intended to present an Alternative Environmentally
Sensitive Area (AESA) application for the area along the presented section of
Hickory Creek to the City of Denton for the purpose of approving the proposed
modifications to the effected Flood Hazard Area.
2 EXISTING SITE DESCRIPTION
The existing properties proposed for development is located along the east side
of Country Club Road between Regency Court and Sanders Road. The current
addresses are 3301, 3477-3555 Country Club Road (FM 1830) for a total of 4
parcels of land containing a total of 35.52 acres. The Site is in a developing part
of the City. The area has been developed with 11 residential homes, garages
and several sheds and barns. These structures are around 55 to 60 years old and
are in different stages of aging. There are 10 existing homes fronting Country
Club Road, each having an individual drive, plus a drive to an existing residence
on the east tract.
FIRM#48121C0370 G running through the
middle of the property comprised of a combination of developed and
undeveloped flood plain ESA with a 50 Ft Stream Buffer dividing the site from
north to south.
There is an existing gas line that runs through the flood plain and will be
abandoned upon development. There is also an existing overhead electric
service line running through the development, which will also be abandoned.
concrete culvert which outfalls into a drainage ditch that travels from the east
property line to the existing stream.
The contributing watershed is comprised of Low Residential, Moderate
Residential, Community Mixed Use and Open Space land uses.
In or
rezoned the property. It was changed from fifteen and one half (15.5) acres
being zoned NR-2 and 20.16 acres being zoned NR-4, allowing for the possibility
of a total of 111 lots if the properties were to be fully developed, to the whole site
being NR-3, allowing potentially 124 lots. However,
developer limited the maximum number of lots to 78 (73 lots platted).
Page 8 of 15
2.1 Existing Environmentally Sensitive Area
Hickory Creek Tributary 7 is lined with vegetation on the stream banks throughout
the site. Existing tributary depths range from two to six feet. The tributary appears
to be stable with no signs of erosion. It that
there are two species of invasive woody plants found within the Riparian Buffer
and Environmentally Sensitive Area; Chinese Privet and Callery Pear.
There is an existing 50-foot Stream Buffer encompassing the portion of Hickory
Creek Tributary 7 that runs through the proposed development. Approximately
445 linear feet of the onsite 50-foot Stream Buffer has been removed, leaving
approximately 520 Linear Feet of Existing 50-foot Stream Buffer as illustrated in the
below Figure 2 - ESA Stream Buffer Map and Figure 3 - Riparian Buffer Map.
Figure 2 - ESA Stream Buffer Map
Page 9 of 15
Figure 3 - Riparian Buffer Map
The existing property has both Developed and Undeveloped Floodplain
encompassing the onsite Hickory Creek Tributary 7 channel that flows through
the property, illustrated in the below Figure 4 - Existing Floodplain Delineation.
A developed Floodplain is defined as a floodplain within the FEMA 100-year
floodplain. These areas have typically been channelized or the land within these
areas has been graded, filled or otherwise disturbed. Undeveloped Floodplain is
defined as areas within the FEMA 100-year floodplain, or other floodplain that is
undeveloped and in its natural state. Like the stream buffer, the developed
floodplain extends into the property from the north approximately 445 linear feet
before it transitions into the undeveloped floodplain, extending approximately
520 linear feet to the south property line. The existing onsite Developed
Floodplain was determined from the FEMA map to be approximately 79,160
square feet. The undeveloped Floodplain was determined to be approximately
299,250 square feet. The total floodplain, combining Developed and
Undeveloped Floodplain was calculated to be 378,410 square feet. Floodplain
work maps from the CLOMR Floodplain Report (City number CL17-0001), show
the limits of the floodplain onsite.
Page 10 of 15
Figure 4 - Existing Floodplain Delineation
developed floodplain. It appears that the only reason for the small stretches of
undeveloped floodplain is due to it being in an agricultural setting within urban
boundaries that have not yet been urbanized. The terrain does not appear
suitable to a rural type habitat and an urban greenspace would be a
responsible use for the area.
It was determined on April 3, 2017 by Jones & Ridenour, Inc., that three
Threatened and Endangered Species could be present in the site area. Upon a
field investigation by Jones & Ridenour, Inc., they concluded that there do not
appear to be any federally-listed, threatened or endangered species, or critical
habitats thereof, on-
th
(USFWS) on May 4, 2017.
Page 11 of 15
3 PROPOSED SITE IMPROVEMENTS DESCRIPTION
3.1 Proposed Site Description
The proposed development titled Country Club Road Estates, is proposed as a
single family residential addition. The project will consist of 73 lots on 35.52 acres.
The proposed development will remove all 11 homes and structures, abandon
the drives and create two entries from Country Club Road.
The proposed infrastructure will include neighborhood residential access roads,
water and sanitary sewer to service the proposed residential lots. The primary
proposed road will run along the north side of the development, east to west,
placed over an existing drive to a residential home. The proposed improvements
will be in Codes and Criteria Manuals.
The future ultimate spread of water was determined by the CLOMR flood study
prepared May 14, 2018. Fill material will be required to bring the areas adjacent
to the floodplain above the Base Flood Elevation (BFE) and further channelize
Hickory Creek Tributary No 7. All fill material will be placed outside the driplines of
the existing trees along the Creek or the boundary of the Stream Buffer,
whichever is larger. This will also serve to preserve the trees in and along the
stream buffer. A drainage easement is proposed along Hickory Creek Tributary
No 7 for maintenance and access.
3.2 Proposed Floodplain Improvements
The proposed development improvements consist of adding fill within the FEMA
Floodplain boundary, up to, but not within the Existing Stream Buffer. Grading
efforts will take place within the Removed 50-foot Stream Buffer for the
channelization of the stream in conjunction with the construction of multiple box
culverts to convey the flow under a proposed residential street section that is
planned to replace the existing residential drive stream crossing.
The proposed development will consist of approximately 53,820 square feet of fill
within the developed floodplain, and approximately 190,450 square feet of fill
within the Undeveloped Floodplain as illustrated in the below Figure 5 - FEMA
Floodplain Reclamation Map. The break between the undeveloped and the
developed floodplain is at the limits of the LOMR 13-06-3653P.
Page 12 of 15
Figure 5 - FEMA Floodplain Reclamation Map
The proposed development will consist of disturbing approximately 290 linear
feet of the 445 linear feet of 50-Foot Removed Stream Buffer.
The hydraulic analysis calculated and determined by the CLOMR prepared on
May 14, 2018, shows that the ultimate condition flow can be contained as
illustrated in the above Figure 5 - FEMA Floodplain Reclamation Map by adding
up to approximately 4 feet of fill along the existing tributary as shown below in
the Figure 6 - Typical Floodplain Fill Cross Section. This fill will not extend into or
past the dripline of the existing trees expressed to be preserved, or encroach into
the 50-foot stream buffer, or 100-foot riparian buffer.
Page 13 of 15
Figure 6 - Typical Floodplain Fill Cross Section
The Existing floodplain was discussed above in Section 2.1 Existing
Environmentally Sensitive Area. The Developed Floodplain of approximately
79,160 square feet will decrease to approximately 26,760 square feet. The
Undeveloped Floodplain of approximately 299,250 square feet will decrease to
approximately 129,050 square feet. The total existing floodplain was determined
to be 378,410 square feet, the proposed floodplain will be 155,810 square feet.
The total floodplain reduction will be approximately 222,600 square feet as
illustrated in Figure 5 - FEMA Floodplain Reclamation Map. Floodplain work maps
included in the CLOMR Floodplain Report (City number CL17-0001) show the
limits of the proposed floodplain and grading efforts onsite.
3.3 Alternative Enhancements
The proposed development is not in compliance with the Denton Development
Code (DDC) SFilling of any floodplain of
a stream that drains more than one square mile is prohibited unless the fill on any
lot is less than 50 cubic yards or 300 cubic feet per acre, whichever is greater. Up
to 15% of the floodplain valley storage may be filled if the stream drains less than
one square mile in area pursuant to this Subchapter and federal law
The City provides an option to address the regulations through the Alternative
Environmentally Sensitive Area (AESA) Plan. For the acceptance of the AESA
plan, the developer must demonstrate that the development will result in a high-
quality development that will meet the intent of the standards in the DDC
through the following enhancements:
1. Lower Lot Density than Maximum Zoning Density allowed
2. Removal of Invasive Species
3. Revegetate with native flora
4. Earthen channel in developed floodplain
5. Revegetate developed floodplain with native flora
Page 14 of 15
space area, the developer elected to create a highly desirable single-family
residential addition with fewer and larger lots than the zoning allowed. The lot
count was reduced from 111 to a maximum of 78, having an average lot size of
17,792 sf, compared to 10,570 sf (including street ROW).
The original zoning of NR2/NR4 allowed for 111 maximum number of lots. The
geometry of the zoning was awkward and did not transition well. Furthermore,
the developer preferred to have a fewer number of larger, quality lots that fit in
better with the surrounding developments. Primarily all that was required to
accomplish this was to recover a part of the floodplain and allocate the
recovered area to the lots. Unfortunately, the zoning configuration did not allow
the reallocation to be evenly distributed. Therefore, a new zoning of NR3 was
established on the entire site. The NR3 allowed for an increase of the maximum
number of lots to 124, which was even greater than the original dual zoning. The
increase in the maximum number of lots was not congruent with
goal. In order to reflect the developers goal of using the reclaimed area for
larger lots, an overlay restriction of 78 lots was placed on the property during the
rezoning case. Additionally, the final number of lots being proposed was further
reduced to 73 during the preliminary platting process by the developer. The
proposed lot sizes range from 10,000 sf to 18,000 sf, with a few going up to 24,000
sf.
In addition, and per staff recommendation, the developer intends to remove the
two woody invasive species previously stated through root pruning the Chinese
Privet and hand clearing out the Callery Pear in locations and per the
recommendations within the Country Club Road Invasive Report by Tree
Shepherds. More specifically, species removal would be by cutting the stems
near the ground and painting the cut stumps with an herbicide. Grubbing the
It was reported in the Country Club Road Estates Invasive Report, that the
invasive species is smothering the native flora. The removal of the invasive
species will provide opportunity for the established flora to remain and flourish.
Furthermore, the cleared area will be replanted with native plants such as
Beautyberry, both in the developed and undeveloped floodplain where invasive
species are removed.
The developer will further enhance the property and protect the ESA and
Floodplain by keeping the channel earthen. All regraded channel areas will be
replanted with native ground cover such as Little Bluestem, Indiangrass, sideoats
grama, buffalograss and Texas wintergrass.
Page 15 of 15
4 CONCLUSION
The proposed development will be a high-quality development that is proposed
to meet the intent of the standards in the DDC. It will improve the drainage area
in terms of channel stability and minimizing existing high-water impacts to the
surrounding developed community.
No adverse effects upstream or downstream are anticipated by the proposed fill
as concluded in the CLOMR Drainage Study prepared May 14, 2018. The CLOMR
drainage study of Hickory Creek Tributary 7 determined the BFE of the proposed
site. The proposed developed floodplain will accommodate the ultimate flow
conditions and will not increase the flood levels on the neighboring properties.
Hydrologic and hydraulic models were developed by Allison Engineering Group,
Inc. to reflect the existing and proposed conditions. After development of the
site, a final hydrologic analysis will be modified as appropriate to submit a Letter
of Map Revision (LOMR) to the City of Denton and FEMA for the purpose to
modify the Special Flood Hazard Area in accordance with the final construction
of the improvements.
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October 3, 2016
City of Denton Planning Department
City Hall West
221 N Elm St.
Denton, Texas 76201
Re: Alternate ESA Plan (AESA16-003)
Country Club Road Estates
3301 Country Club Road
R 38946, 38952, 38897, 98805
AEG #: KCH1404
Project Narrative
Alternative ESA Plan for designated
located in Denton County, east of Country Club Road and south of Hobson Lane,
dividing the 35.68 acre proposed site (R38946, R38952, R38897, R98805).
We are proposing to develop the subject property for residential purposes. The property includes 35.68
acres north of Sanders Road, south of Regency Court along the east side of Country Club Road. The
properties are zoned NR-2 and NR-4. The site is encumbered by a Stream Buffer Environmentally
Sensitive Area (ESA) and an Undeveloped Floodplain ESA. A portion of the stream buffer on the north
end of the property has been removed and the upper end of the Flood Plain ESA has been classified as
developed flood plain (ESA15-0004).
It is our intention and belief that the proposed Alternative Environmentally Sensitive Area Plan results
in a high quality development meeting the intent of the standards in the Denton Development Code.
Request:
We request that the Stream Buffer ESA remain intact and that we are allowed to recover a portion of the
Floodplain that is beyond the Stream Buffer ESA with the following conditions:
o In accordance with the hydrology and hydraulics analysis performed in accordance with
City and FEMA requirements.
o A Letter of Map Revision (LOMR) shall be processed.
o Valley storage volume shall be maintained within the site.
o Hydraulic requirements shall be adhered to.
o City cut and fill limitations shall be removed.
o Cut and fill shall be unrestricted subject to other requirements, i.e. valley storage.
o The Stream Buffer ESA shall be maintained as indicated by a field survey.
o The Flood Plain ESA will be adjusted in accordance with an approved LOMR.
Page 1 of 3
P:\\Projects\\KCH1404 - Country Club Road Estates\\City Submittal-Comments\\Alternate ESA\\Project
Narrative.docx
Page 2 of 3
o The maximum number of residential lots will be limited to 78 (73 shown on concept plan,
111 allowed with current zoning, 124 with proposed zoning).
o Trees within the existing mapped SB-ESA will be protected.
Rationale:
Site Characteristic Existing Proposed Difference
Total Site (acres) 35.68 35.68 0
Stream Buffer ESA (acres) 2.26 2.26 0
Floodplain (acres) 8.74 3.82 -4.92
Unencumbered (acres) 26.94 31.86 -4.92
Maximum Number of Lots 111 78 -33
Average Maximum Lot Size (sf) inclusive of street ROW 10,570 17,792 7,222
The site is developed on three sides with residential housing and vacant with a gas well on the south side.
The floodplain carries a FEMA designation of Zone A.
FEMA requires a LOMR for any development within the floodway.
FEMA allows a simpler LOMR-F (based upon fill) for development within the floodplain.
The City of Denton has adopted floodplain ordinances that are stricter than FEMA recommended
ordinances.
The area proposed for recovery is generally clear and contains few trees.
Trees within the surveyed SB-ESA will be treated in accordance with the DDC.
Twenty four and a half (24.5 %) percent is encumbered with Floodplain ESA. Of this up to 4.92 acres
(56%) may be recovered rendering a total of up to 31.86 acres (89%) that may be developed.
The area proposed for recovery is solely a floodplain hydraulics issue. We are not proposing to have a
direct impact upon any environmental considerations such as habitat or vegetation.
300 cubic feet of fill spread evenly over a recovery area of 1 acre is only 0.083 inches deep. The fill
limitations are not reasonable for the recovery of any responsible amount of the tract.
The proposed Alternative Environmentally Sensitive Area Plan results in a high quality development
meeting the intent of the standards in the Denton Development Code.
The existing zoning allows for a net density of 4.16 lots per acre or an average of 10,470 sf per lot
inclusive of street right of way.
The proposed project plan (73 Lots) allows for a net density of 2.29 lots per acre or an average of 19,011
sf per lot inclusive of street right of way.
Page 3 of 3
The recovered flood plain is being allocated across all of the lots instead of packaged into a common use
area.
The remaining drainage easement is kept useful as a natural urban habitat and provides opportunities for a
continuous City park and trail system.
Background:
The designated FEMA 100 yr. Floodplain occupies 8.74acres (inclusive of the Stream Buffer ESA) and
we are proposing to fill a large portion of the floodplain to gain buildable area for the residentialproject
proposed. According to city ordinance 35.17.7.C. Standards for Fill in undeveloped floodplains:
Filling of any floodplain of a stream that drains more than one (1) square mile is prohibited unless
the fill on any lot is less than fifty (50) cubic yards or 300 cubic feet per acre, whichever is
greater. Up to fifteen percent (15%) of the floodplain valley storage may be filled if the stream
drains less than one (1) square mile in an area pursuant to this Subchapter and federal law.
Excavation to balance fill shall be located on the same parcel as the fill unless it is not reasonable
or practicable to do so. In such cases, the excavation shall be located in the same drainage basin
and as close as possible to the fill site, so long as the proposed excavation and fill will not
increase flood impacts for surrounding properties as determined through hydrologic and hydraulic
analysis.
If additional fill is necessary beyond the permitted amounts in Subsection 35.17.7.C.1 above for
sites with streams that drain an area greater than one (1) square mile, then fill materials must be
obtained from cutting or excavation only to the extent allowed to create an elevated site for
permitted land disturbing activity.
Fill to raise elevations for a building site shall be located no closer than permitted to the
environmentally sensitive areas in order to reduce the impact of that fill on the adjacent areas.
Other Considerations:
This request utilizes City of Dentontopographic maps, FEMA Flood Hazard Maps, City of Denton ESA
maps and other electronic information. The intention is to provide the basis for setting parameters for the
ultimate recovery of the floodplain.
Thank you for your consideration ofthis requestIf you have any questions please do not hesitate to
contact me.
Respectfully submitted,
Allison Engineering Group, Inc.
Lawrence A Holdorf, P.E.
PROJECT LOCATION
AESA16-0003
Notification Map
200ft Buffer
500ft Buffer
02555101,020
Feet
SITE
±
Parcels
Roads
Date: 8/16/2018
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:Z18-0015a,Version:1
AGENDA CAPTION
Holdapublichearingandconsideradoptionofanordinancetorezoneapproximately13.48acresfroma
NeighborhoodResidential2(NR-2)DistricttoaNeighborhoodResidential4(NR-4)District.Thesubject
propertyisgenerallylocatedonthesouthsideofAudraLane,approximately90feetwestofBarbaraStreet,in
theCityofDenton,DentonCounty,Texas;adoptinganamendmenttotheCity’sofficialzoningmap;providing
forapenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingaseverabilityclauseandan
effective date. (Z18-0015, Audra Oaks, Hayley Zagurski).
City of DentonPage 1 of 1Printed on 10/12/2018
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
CM: Todd Hileman
DATE: October 16, 2018
SUBJECT
Hold a public hearing and consider adoption of an ordinance to rezone approximately 13.48 acres from a
Neighborhood Residential 2 (NR-2) District to a Neighborhood Residential 4 (NR-4) District. The subject
property is generally located on the south side of Audra Lane, approximately 90 feet west of Barbara
Street, in the City of Denton, Denton County, Texas
map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a
severability clause and an effective date. (Z18-0015, Audra Oaks, Hayley Zagurski).
BACKGROUND
The request is for a rezoning from NR-2 District to NR-4 District on 13.48 acres of property located along
Audra Lane. The property is currently undeveloped. The rezoning is intended to facilitate the
development of residential subdivision. The conceptual plan (see Exhibit 8) reflects 40 duplex lots and 7
single-family lots as well as an open space/park that was separate the residential lots from the existing
Audra Oaks subdivision to the east. A 50-foot wide natural gas pipeline easement traverses the open space
lot and makes the eastern portion of the property ill-suited for residential development.
The applicant held a neighborhood meeting on September 4, 2018. Eleven members of surrounding
neighborhoods attended the meeting. The applicant and owner presented the proposed concept plan and
showed photos of the types of dwellings they plan to construct. Neighbors asked questions regarding
parking, traffic on Oak Valley Road, and how to ensure the proposed 5 acre open space becomes a public
park. The sign in sheet from the meeting is included in Exhibit 9.
If the rezoning is approved, a preliminary and final plat will be required for development of the subject
property.
A full staff analysis of the rezoning request is provided in Exhibit 2.
OPTIONS
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
Staff recommends approval of this request as the zoning is consistent with the surrounding area and with
the goals and objectives of the Denton Plan 2030.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The subject property was zoned NR-2 District as part of the City-wide rezoning in 2002. Prior to 2002
the property was zoned Agricultural District.
In 2002-2003 the Planning and Zoning Commission approved a preliminary plat and final plat of the
Audra Oaks subdivision that included a total of 41 single-family lots and a large park/open space lot in
the same location as it is shown on the conceptual plan today. The final plat was never filed.
In 2006 a preliminary and final plat of the Audra Oaks subdivision were again approved by the Planning
and Zoning Commission, but the final plat was not filed with the County.
Later in 2006 a final plat for Phase I of Audra Oaks was approved by the Planning and Zoning
Commission. This plat was filed in 2007 permitting the development of 20 single-family homes along
Barbara Street and Beverly Drive. A final plat of Phase II, which would have included the subject
property, has not been approved or filed since that time.
On September 12, 2018 the Planning and Zoning Commission held a public hearing and recommended
approval of the requested rezoning to NR-4 District \[6-0\]. At the public hearing Sean Faulkner of Foresite
Group spoke on behalf of the property owner. Mr. Faulkner described the challenges associated with
developing the property and discussed the provided Concept Plan. Several individuals from the public
spoke about the case, expressing concerns about increased traffic in the area and about duplexes being
introduced into a primarily single-family area.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its
vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational
Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly
Community; and Sustainability and Environmental Stewardship. While individual items may support
multiple KFAs, this specific agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention
EXHIBITS
1. Agenda Information Sheet
2. Staff Analysis
3. Aerial Map
4. Zoning Map
5. Future Land Use Map
6. Proposed Zoning Map
7. Comparison of Permitted Uses
8. Concept Plan and Narrative
9. Notification Map and Responses
10. Presentation
11. Planning and Zoning Commission Meeting Minutes
12. Draft Ordinance
Respectfully submitted:
Richard Cannone, AICP
Deputy Director/Planning Director
Prepared by:
Hayley Zagurski
Senior Planner
Њ CITY OF DENTON PLANNING AND ZONING MINUTES
Ћ September 12, 2018
Ќ
Ѝ After determining that a quorum is present, the Planning and Zoning Commission of the City of
Ў Denton, Texas convened in a Work Session on Wednesday, September 12, 2018 at 5:00 p.m. in
Џ the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which
А time the following items were considered:
Б
В PRESENT: Chair Andrew Rozell, Commissioners Alfred Sanchez, Larry Beck, Jason Cole,
ЊЉ Mat Pruneda, and Margie Ellis.
ЊЊ
ЊЋ ABSENT: Commissioner Tim Smith.
ЊЌ
ЊЍ STAFF: Cathy Welborn, Kelly Robinson, Athenia Green, Karen Hermann, Hayley
ЊЎ Zagurski, Scott McDonald, Cindy Jackson, Ron Menguita, Richard Cannone, Julie Wyatt,
ЊЏ Sean Jacobson, Deborah Viera and Jerry Drake.
ЊА
ЊБ WORK SESSION
ЊВ
ЋЉ Chair Rozell opened the Work Session at 5:03p.m.
ЋЊ
ЋЋ 1. Clarification of agenda items listed on the agenda for this meeting. This is an opportunity
ЋЌ for Commissioners to ask questions of staff on the Consent and Regular Agenda items, which may
ЋЍ include a full briefing on an item in the order it appears on the regular session agenda. Any such
ЋЎ briefing will be repeated in regular session.
ЋЏ
ЋА Richard Cannone, Deputy Director of Development Services, stated Consent Agenda item 2C has
ЋБ been postponed by the Applicant, due to some conflicts with the lease holder.
ЋВ
ЌЉ Cannone requested Public Hearing item 3B the final replat be heard before item 3A the initial
ЌЊ zoning request for Creekside. The Planning and Zoning Commissioners agreed to the change.
ЌЋ
ЌЌ Chair Rozell questioned if there were any questions regarding the Consent Agenda.
ЌЍ
ЌЎ Commissioner Ellis requested clarification on the two entries accessing Country Club Rd for
ЌЏ Consent Agenda item 2A. Hayley Zagurski, Senior Planner, stated the preliminary plat had been
ЌА through a couple of revisions related to access locations. The applicant and staff have settled on
ЌБ one access on Country Club and the second point of access for emergency services will be on
ЌВ Meadowlands Drive.
ЍЉ
ЍЊ The Commission had no further questions regarding the Consent Agenda.
ЍЋ
ЍЌ Cindy Jackson, Senior Planner, presented Public Hearing item 3B. Jackson stated this is a request
ЍЍ to replat one lot into two lots, the
ЍЎ justification (ETJ).
ЍЏ
Њ
Њ Cindy Jackson, Senior Planner, presented Public Hearing item 3A. Jackson stated this is a request
Ћ to make a recommendation to City Council for the initial zoning designation of Neighborhood
Ќ Residential 3 (NR-3). This property was part of a Pre-Annexation Development Agreement
Ѝ (PADA) ordinance 2016-215, which was approved by City Council in 2016. The Ordinance
Ў governs the sequence of the site for each phase of development. The plat for the property was
Џ approved on March 21, 2018, and the property was recently annexed into the City of Denton.
А
Б Jackson stated staff recommends approval as this zoning change is compatible with the
В surrounding property and is consistent with the requirements set forth in the Pre-Annexation
ЊЉ Development Agreement ordinance 2016-215.
ЊЊ
ЊЋ Chair Rozell questioned if the PADA restricts the Planning and Zoning Commission from making
ЊЌ any changes to the proposed zoning of the property. Jerry Drake, First Assistant City Attorney,
ЊЍ stated in the Development Agreement the City of Denton will pursue or initiate zoning and the
ЊЎ applicant will not object to the decision.
ЊЏ
ЊА Chair Rozell questioned why the zoning was not approved prior to plat approval. Cannone stated
ЊБ that the plat was approved prior to the annexation into the City of Denton. Jackson agreed with
ЊВ Cannone and also added, when the applicant applied for the plat it was discovered they had a non-
ЋЉ annexation agreement, and per the non-annexation agreement when you develop a site you have
ЋЊ to annex into the City of Denton prior to development.
ЋЋ
ЋЌ Commissioner Beck stated his concerns of feeling as if the Planning and Zoning Commission had
ЋЍ their hands tied in this case. Drake stated he suspects this was an effort to accommodate a desired
ЋЎ development and use in a way that would not be controversial. Commissioner Ellis agreed with
ЋЏ Commissioner Beck and hopes for a better way to approve zoning for an annexed property than
ЋА the PADA process.
ЋБ
ЋВ Commissioner Beck stated the surrounding neighbors have voiced their concerns about the traffic
ЌЉ issues. Jackson stated Traffic Engineering is currently in the process of conducting traffic counts
ЌЊ on Ryan Rd.
ЌЋ
ЌЌ Chair Rozell stated the concerns residents are having regarding the traffic issue and how
ЌЍ construction was able to start before the determination of the zoning. Jackson stated the applicant
ЌЎ is granted a grading permit once the plat has been approved.
ЌЏ
ЌА Drake stated if a property is outside the city limits of Denton then the City of Denton has no zoning
ЌБ control and the applicant is able to develop without any control from the City of Denton. But with
ЌВ the PADA in place it allows some means for the City of Denton and the Commission to provide
ЍЉ feedback.
ЍЊ
ЍЋ The Commission had no further questions on this item.
ЍЌ
ЍЍ Hayley Zagurski, Senior Planner, presented Public Hearing item 3C. Zagurski stated the
ЍЎ Environmentally Sensitive Area (ESA) being discussed is an undeveloped floodplain ESA.
ЍЏ
Ћ
Њ Zagurski stated the current zoning is Neighborhood Residential 3 (NR-3).
Ћ
Ќ Commissioner Beck questioned if the applicant developed 124 lots, would they still negatively
Ѝ impact the undeveloped floodplain. Zagurski stated yes, due to the location of the floodplain they
Ў would still impact it.
Џ
А Zagurski stated phase two will be developed after the Texas Department of Transportation
Б (TxDOT) updates plans for Country Club Road.
В
ЊЉ Deborah Viera, Assistant Director of Environmental Services, stated the applicant has stated they
ЊЊ will be developing only at the edges on the undeveloped flood plain.
ЊЋ
ЊЌ In 2015 staff conducted a field assessment and determined north of the existing driveway, the
ЊЍ stream was channelized and the floodplain was included in the Letter of Map Revisions (LOMR)
ЊЎ for Regency Oaks. The Up-stream Riparian Buffer, which is approximately one-third of the
ЊЏ assessed area, is not a defined stream but rather a series of pools that lack wetland vegetation and
ЊА downstream two-thirds of the site is a riparian stream ESA.
ЊБ
ЊВ Viera stated the applicant has provided the following Mitigation strategies: 1. Fill material will be
ЋЉ placed outside the driplines of the existing trees along the creek or the boundary of the Riparian
ЋЊ Buffer ESA. 2. Grading would be concentrated on the northern portions of the site. 3. Street layout
ЋЋ minimizes disturbance of the Riparian buffer and undeveloped floodplain. 4. Removal of invasive
ЋЌ species and re-vegetation with native species. 5. Earthen channel along the developed floodplain.
ЋЍ 6. Low number of residential lots.
ЋЎ
ЋЏ Zagurski stated staff does recommend approval with following conditions: 1. Disturbance of the
ЋА ESA shall not exceed fill in excess of 190,450 square feet of the Undeveloped Floodplain ESA. 2.
ЋБ Invasive species within the ESA areas shall be removed. 3. Plants installed as a part of the proposed
ЋВ native flora revegetation are to be installed and maintained by the current property
ЌЉ owner/developer for a period of three (3) years following installation. Any plants that are removed,
ЌЊ destroyed, or die within that three (3) year period are required to be replaced by the current property
ЌЋ owner/developer. 4. No encroachment into areas designated as Riparian buffer ESA.
ЌЌ
ЌЍ Hayley Zagurski, Senior Planner, presented Public Hearing item 3D. Zagurski stated the request
ЌЎ is for a rezoning from Neighborhood Residential 2 (NR-2) to Neighborhood Residential 4(NR-4)
ЌЏ which is consistent with the existing development pattern in use and scale.
ЌА
ЌБ Chair Rozell called a recess at 6:13 p.m.
ЌВ
ЍЉ Chair Rozell reconvened the Work Session at 6:21 p.m.
ЍЊ
ЍЋ
ЍЌ
ЍЍ
ЍЎ
ЍЏ
Ќ
Њ 2. Work Session Reports
Ћ
Ќ A. PZ18-150 Receive a presentation and hold a discussion regarding the Project Types
Ѝ considered by the Planning and Zoning Commission
Ў
Џ Julie Wyatt, Senior Planner, presented Work Session Report 2A.
А
Б Work Session item 2A will be continued to a later date.
В
ЊЉ Chair Rozell closed the Work Session at 6:29 p.m.
ЊЊ
ЊЋ REGULAR MEETING
ЊЌ
ЊЍ Chair Rozell opened the Regular Meeting at 6:40 p.m.
ЊЎ
ЊЏ The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, September
ЊА 12, 2018 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time
ЊБ the following items were considered:
ЊВ 1. PLEDGE OF ALLEGIANCE
ЋЉ
ЋЊ A. U.S. Flag B. Texas Flag
ЋЋ
ЋЌ 2. CONSENT AGENDA
ЋЍ
ЋЎ A. PP17-0001 Consider a request by Forestridge Inv. Ltd. for approval of a Preliminary Plat of the
ЋЏ Country Club Road Estates Addition. The 35.52-acre site is generally located on the east side of
ЋА Country Club Road, approximately 270 feet south of Regency Court in the City of Denton, Denton
ЋБ County, Texas.
ЋВ
ЌЉ B. PP18-0009 Consider a request by Denton Exchange LLC for approval of a Preliminary Plat of
ЌЊ Lots 1 & 2, Block A of the Fisher 59 Addition. The 49.99-acre site is generally located at the
ЌЋ northwest corner of the intersection of W. University Drive and N. Masch Branch Road in the City
ЌЌ of Denton, Denton County, Texas.
ЌЍ
ЌЎ C. FP18-0017 Consider a request by Raymond L. Wood for approval of a Final Plat of the Wood
ЌЏ Lands Addition. The 10.03-acre site is generally located on the west and north side of Fincher
ЌА Road, west of the intersection of Fincher Road and Cedar Creek Road in the Extraterritorial
ЌБ Jurisdiction of the City of Denton, Denton County, Texas.
ЌВ
ЍЉ Chair Rozell stated Consent Agenda Item 3C has been postponed by the applicant for a later date.
ЍЊ
ЍЋ Commissioner Margie Ellis motioned, Commissioner Larry Beck seconded to approve the Consent
ЍЌ Agenda. Motion approved (6-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck
ЍЍ "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda
ЍЎ "aye", and Commissioner Margie Ellis "aye".
ЍЏ
Ѝ
Њ
Ћ 3. PUBLIC HEARINGS
Ќ
Ѝ Chair Rozell stated Public Hearing item 3B has been moved to be heard before Public Hearing
Ў item 3A.
Џ
А A. Z18-0020a Hold a public hearing and consider making a recommendation to City Council
Б regarding a request for an initial zoning designation of Neighborhood Residential 3 (NR-3)
В District. The 47.466 acre site is generally located on the south side of E. Ryan Road, east of the
ЊЉ intersection of E. Ryan Road and Andrew Avenue, in the City of Denton, Denton County, Texas.
ЊЊ
ЊЋ Chair Rozell opened the Public Hearing.
ЊЌ
ЊЍ Cindy Jackson, Senior Planner, presented Public Hearing 3A. Staff recommends approval of Z18-
ЊЎ 0020 as it conforms to established requirements, including the requirements of the Pre-Annexation
ЊЏ Development Agreement (PADA).
ЊА
ЊБ Commissioner Rozell requested Jackson to address the traffic concerns from surrounding
ЊВ residents. Jackson stated the Traffic Engineering Department with City of Denton are currently
ЋЉ doing traffic counts on Ryan Rd and City Council did approve funding for the mobility plan which
ЋЊ is the first step in getting Ryan Road improved.
ЋЋ
ЋЌ The following individuals spoke during the Public Hearing:
ЋЍ
ЋЎ Thomas Fletcher, 5750 Genesis Court Frisco, Texas 75034. Supports this request.
ЋЏ Billy Caraway, 3909 Andrew Ave, Denton, Texas 76210. Opposed to this request.
ЋА Eric Clark, 3913 Andrew Ave, Denton, Texas 76210. Supports this request.
ЋБ Robert Heilig, 3855 Leisure Lane, Denton, Texas 76210. Opposed to this request.
ЋВ Tracy Jenkins, 801 Dayspring Dr. Denton, Texas 76210. Opposed to this request.
ЌЉ Ken Benjamin, 1009 Stoneway Dr. Denton, Texas 76210. Supports this request.
ЌЊ Betsy Kaesontae, 3933 Andrew Ave, Denton, Texas 76210. Opposed to this request.
ЌЋ
ЌЌ Thomas Fletcher, the applicant, provided answers to the questions the Commission had during the
ЌЍ Work Session. Fletcher stated the development is paying more for traffic impact fees, the
ЌЎ development will be built internal to the original tree canopy and the developer agreed to extend
ЌЏ the sanitary sewer line north of Ryan Road to allow the City of Denton connection.
ЌА
ЌБ Caraway requested what the quality of the homes in the development would be. Fletcher stated
ЌВ with the development and land cost the home prices will be around $350,000.00 to $450,000.00.
ЍЉ
ЍЊ Richard Cannone, Deputy Director of Development Services, requested Fletcher describe the lot
ЍЋ sizes of the development. Fletcher stated there will variable lot sizes, some from sixty by one
ЍЌ hundred and thirty, and some are extended to allow for a three car garage.
ЍЍ
ЍЎ Chair Rozell closed the Public Hearing.
ЍЏ
Ў
Њ Commissioner Larry Beck motioned, Commissioner Jason Cole seconded to approve the following
Ћ request. Motion approved (6-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck
Ќ "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda
Ѝ "aye", and Commissioner Margie Ellis "aye".
Ў
Џ B. FR18-0005 Consider a request by Tony Kimbrough with Kaz Surveying representing Randall
А Tudor for approval of a Final Replat Lot 1R, Block A of the Hilltop Ranch Addition. The
Б approximately 3.5 acre site is generally located on the west side of Hilltop Road, approximately
В 1,521 feet south of Brush Creek Road, in the Extraterritorial Jurisdiction of the City of Denton,
ЊЉ Denton County, Texas.
ЊЊ
ЊЋ Chair Rozell opened the Public Hearing.
ЊЌ
ЊЍ Cindy Jackson, Senior Planner, presented Public Hearing 3A. Staff does recommend approval of
ЊЎ this request, as it meets the established requirements.
ЊЏ
ЊА Chair Rozell closed the Public Hearing.
ЊБ
ЊВ Commissioner Larry Beck motioned, Commissioner Alfred Sanchez seconded to approve Public
ЋЉ Hearing item 3B. Motioned approved (6-0). Commissioner Alfred Sanchez "aye", Commissioner
ЋЊ Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner
ЋЋ Mat Pruneda "aye", and Commissioner Margie Ellis "aye".
ЋЌ
ЋЍ C. AESA16-0003 Hold a public hearing and consider making a recommendation to the City
ЋЎ Council regarding a request by Forestridge Inv. Ltd. for an Alternative Environmentally Sensitive
ЋЏ Area Plan for Country Club Road Estates. The approximately 35.52-acre subject property is
ЋА generally located on the east side of Country Club Road, approximately 270 feet south of Regency
ЋБ Court in the City of Denton, Denton County, Texas.
ЋВ
ЌЉ Chair Rozell opened the Public Hearing.
ЌЊ
ЌЋ Hayley Zagurski, Senior Planner, and Deborah Viera, Assistant Director of Environmental
ЌЌ Services, presented Public Hearing item 3C. Staff does recommend approval with following
ЌЍ conditions: 1. Disturbance of the ESA shall not exceed fill in excess of 190,450 square feet of the
ЌЎ Undeveloped Floodplain ESA. 2. Invasive species within the ESA areas shall be removed. 3. Plants
ЌЏ installed as a part of the proposed native flora revegetation are to be installed and maintained by
ЌА the current property owner/developer for a period of three (3) years following installation. Any
ЌБ plants that are removed, destroyed, or die within that three (3) year period are required to be
ЌВ replaced by the current property owner/developer. 4. No encroachment into areas designated as
ЍЉ Riparian buffer ESA.
ЍЊ
ЍЋ Lee Allison, Allison Engineering Group, the applicant, presented a presentation regarding the
ЍЌ development.
ЍЍ
ЍЎ
ЍЏ
Џ
Њ The following individuals requested to speak:
Ћ Lee Allison, 2415 N Elm, Denton, Texas 76201. Supports the request.
Ќ Chris Beggs, 401 Regency Court, Denton, Texas 76210. Supports the request.
Ѝ Stephanie Whatley, 801 Regency Court, Denton, Texas 76210. Undecided.
Ў Jim Specht, 400 Regency Court, Denton, Texas 76210. Opposed to the request.
Џ Rick Whisenhunt, 3306 Bemont Street, Denton, Texas 76210. Opposed to the request.
А Stacy Beavers, 121 Meadowlands Drive, Denton, Texas 76210. Supports the request.
Б Manal Omary, 201 Meadowland Drive, Denton, Texas 76210. Opposed to the request.
В
ЊЉ Specht, a representative of the Home Owners Association for the development to the north of the
ЊЊ proposed development, stated the residents are not opposed to the development, but concerned
ЊЋ about the drainage issues.
ЊЌ
ЊЍ Allison stated they have planned to install four five by ten foot box culverts to help with the
ЊЎ drainage issues.
ЊЏ
ЊА Chair Rozell closed the Public Hearing.
ЊБ
ЊВ There was no further discussion.
ЋЉ
ЋЊ Commissioner Margie Ellis motioned, Commissioner Alfred Sanchez seconded to approve Public
ЋЋ Hearing 3C with the following conditions: 1. Disturbance of the ESA shall not exceed fill in excess
ЋЌ of 190,450 square feet of the Undeveloped Floodplain ESA. 2. Invasive species within the ESA
ЋЍ areas shall be removed. 3. Plants installed as a part of the proposed native flora revegetation are to
ЋЎ be installed and maintained by the current property owner/developer for a period of three (3) years
ЋЏ following installation. Any plants that are removed, destroyed, or die within that three (3) year
ЋА period are required to be replaced by the current property owner/developer. 4. No encroachment
ЋБ into areas designated as Riparian buffer ESA. aƚƷźƚƓ ğƦƦƩƚǝĻķ ΛЏΏЉΜ͵ Commissioner Alfred Sanchez
ЋВ "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell
ЌЉ "aye", Commissioner Mat Pruneda "aye", and Commissioner Margie Ellis "aye".
ЌЊ
ЌЋ D. Z18-0015 Hold a public hearing and consider making a recommendation to City Council
ЌЌ regarding a request by B.J.H. Johnson Properties LTD for a zoning change from a Neighborhood
ЌЍ Residential 2 (NR-2) District to a Neighborhood Residential 4 (NR-4) District. The 13.48-acre site
ЌЎ is generally located on the south side of Audra Lane, approximately 90 feet west of Barbara Street,
ЌЏ in the City of Denton, Denton County, Texas.
ЌА
ЌБ Chair Rozell opened the Public Hearing.
ЌВ
ЍЉ Hayley Zagurski, Senior Planner, presented Public Hearing item 3D. Staff recommends approval
ЍЊ of this request as the zoning is consistent with the surrounding area and with the goals and
ЍЋ objectives of the Denton Plan 2030.
ЍЌ
ЍЍ The following individuals requested to speak:
ЍЎ Sean Faulkner, 2713 Bissonet Drive, Denton, Texas 76210. Supports the request.
ЍЏ Gene Finley, 2409 Whispering Oaks, Denton, Texas 76209.
А
Њ John Maxwell, 2801 Howard Court, Denton, Texas 76209. Opposed to the request.
Ћ Jay Leek, 1216 Oak Valley Street, Denton, Texas 76209. Opposed to the request.
Ќ Nancy Carson, 2908 Oakshire Street, Denton, Texas 76209. Opposed to the request.
Ѝ Linda Bleess, 2805 Howard Court, Denton, Texas 76209. Opposed to the request.
Ў Charlie Rosendahl, 1001 Barbara Street, Denton, Texas 76209. Opposed to the request.
Џ Bob Heilig, 3855 Leisure Lane, Denton, Texas 76210. Opposed to the request.
А Lynette Leek, 1216 Oak Valley, Denton, Texas 76209. Opposed to the request.
Б
В Sean Faulkner of Foresite Group, the applicant, provided a presentation regarding the
ЊЉ development.
ЊЊ
ЊЋ Chair Rozell noted the concept plan provided by the applicant will not be used in the determination
ЊЌ for rezoning the property.
ЊЍ
ЊЎ Commissioner Beck questioned if the opposition count meets the requirements for a super majority
ЊЏ vote for City Council. Zagurski stated prior to the meeting staff calculated the opposition area at
ЊА 3%.
ЊБ
ЊВ Commissioner Rozzell closed the Public Hearing.
ЋЉ
ЋЊ Commissioner Beck, Commissioner Sanchez and Commissioner Ellis provided their justification
ЋЋ for approving Public Hearing item 3D.
ЋЌ
ЋЍ There was no further discussion.
ЋЎ
ЋЏ Commissioner Larry Beck motioned. Commissioner Alfred Sanchez second to approve Public
ЋА Hearing item 3D. Motion approved (6-0). Commissioner Alfred Sanchez "aye", Commissioner
ЋБ Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner
ЋВ Mat Pruneda "aye", and Commissioner Margie Ellis "aye".
ЌЉ
ЌЊ 4. PLANNING & ZONING COMMISSION PROJECT MATRIX
ЌЋ A.PZ18-157 Planning and Zoning Commission Project Matrix.
ЌЌ
ЌЍ Richard Cannone, Deputy Director of Development Services, provided an update to the tree code
ЌЎ and staff is still working on the changes.
ЌЏ
ЌА Commissioner Beck questioned the requirement of the orange fence placed around the trees is
ЌБ supposed to be at the drip line. Cannone stated he needed to get with Haywood Morgan, Urban
ЌВ Forester, and would provide staffs determination. Commissioner Ellis requested the process of
ЍЉ notifying business owners if they will be impacted by City updates.
ЍЊ
ЍЋ Commissioner Ellis requested the process for receiving services when being annexed into the city.
ЍЌ Cannone stated he has noted the issue and will provide feedback.
ЍЍ
ЍЎ Chair Rozell closed the Regular Meeting at 9:36 p.m.
ЍЏ
Б
S:\\Legal\\Our Documents\\Ordinances\\18\\Z18-0015.docx
ORDINANCE NO. ______________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING CLASSIFICATION FROM AN NR-2 ZONING DISTRICT AND USE
CLASSIFICATION TO AN NR-4 ZONING DISTRICT AND USE CLASSIFICATION ON
APPROXIMATELY 13.48 ACRES OF LAND, GENERALLY LOCATED ON THE SOUTH
SIDE OF AUDRA LANE, APPROXIMATELY 90 FEET WEST OF BARBARA STREET, IN
THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO
PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR
SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. (Z18-0015, Audra Oaks)
WHEREAS, Sean Faulkner, Foresite Group, on behalf of property owner, B.J.H. Johnson
Properties, LTD, has applied for a zoning change on approximately 13.48 acres of land legally
described and depicted
n NR-2 zoning district and use classification to an NR-4
zoning district and use classification; and
WHEREAS, on September 12, 2018, the Planning and Zoning Commission, in
compliance with the laws of the State of Texas, provided requisite notices by publication and
otherwise, afforded full and fair hearings to all interested property owners and citizens, and have
recommended approval \[6-0\] of the change in zoning district and use classification; and
WHEREAS, on October 16, 2018, the City Council likewise conducted a public hearing
as required by law, and finds that the request meets and complies with all substantive and
procedural standards set forth in Section 35.3.4 of the Denton Development Code, and is
consistent with the Denton Plan and the Denton Development Code; and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for a change in the zoning classification of the property,
have determined that the proposed use is in the best interest of the health, safety, morals, and
general welfare of the City of Denton; accordingly, the City Council of the City of Denton,
Texas is of the opinion and finds that said zoning change is in the public interest and should be
granted as set forth herein; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The zoning district and use classification for the Property is hereby
changed from the NR-2 zoning district and use classification to the NR-4 zoning district and use
classification.
SECTION 3. hereby amended to show the change in
the zoning district and use classification.
SECTION 4. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person, firm, partnership or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this
ordinance is violated shall constitute a separate and distinct offense.
SECTION 6. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in
effect when the offense was committed and the former law is continued in effect for this purpose.
SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance
shall become effective fourteen (14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be published twice in the Denton
Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10)
days of the date of its passage.
The motion to approve this ordinance was made by __________________________ and
seconded by _________________________________, the ordinance was passed and approved
by the following vote \[___ - ___\]:
Aye Nay Abstain Absent
Chris Watts, Mayor: ______ ______ ______ ______
Gerard Hudspeth, District 1: ______ ______ ______ ______
Keely G. Briggs, District 2: ______ ______ ______ ______
Don Duff, District 3: ______ ______ ______ ______
John Ryan, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _________ day of _____________________, 2018.
____________________________________
CHRIS WATTS, MAYOR
Exhibit A
Legal Description
AUDRA OAKS, PHASE 2
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN
THE M.E.P. & P.R.R. CO. SURVEY, ABSTRACT NUMBER 1473, CITY OF DENTON,
DENTON COUNTY, TEXAS. AND BEING PART OF A CALLED 17.931 ACRE TRACT
DESCRIBED IN A DEED TO JOHNSON PROPERTIES II, RECORDED IN VOLUME 5100,
PAGE 2417 REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOW:
BEGINNING AT A FOUND IRON PIN AT THE SOUTHWEST CORNER OF SAID
JOHNSON TRACT AND THE SOUTHEAST CORNER OF 8.419 ACRE TRACT
DESCRIBED IN A DEED TO MICKEY VIA AND T.J. THOMAS, RECORDED IN VOLUME
1630, PAGE 94 REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS AND BEING
ON THE NORTH LINE OF LOT 16, BLOCK A OF THE EAST OAKS ADDITION, PHASE
II, AN ADDITION TO THE CITY OF DENTON, ACCORDING TO THE PLAT THEREOF
RECORDED IN CABINET L, PAGE 304;
THENCE NORTH 00 DEGREES 07 MINUTES 23 SECONDS EAST WITH THE WEST LINE
OF SAID JOHNSON TRACT, A DISTANCE OF 1168.39 FEET TO A 1/2 INCH IRON PIN
SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849 AT THE
NORTHWEST CORNER OF SAID JOHNSON TRACT IN AUDRA LANE;
THENCE SOUTH 89 DEGREES 03 MINUTES 12 SECONDS EAST WITH AUDRA LANE
AND THE NORTH LINE OF SAID JOHNSON TRACT, A DISTANCE OF 466.20 FEET TO
A PK NAIL SET ON THE NORTH LINE OF SAID JOHNSON TRACT;
THENCE SOUTH 00 DEGREES 18 MINUTES 37 SECONDS WEST, A DISTANCE OF
695.89 FEET TO A 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED
METROPLEX 1849 SET FOR CORNER;
THENCE SOUTH 89 DEGREES 05 MINUTES 31 SECONDS EAST, A DISTANCE OF 94.52
FEET TO A FOUND IRON PIN AT THE NORTHWEST CORNER OF THE REPLAT OF
BELLAIRE HEIGHTS ADDITION, PHASE FIVE, AN ADDITION TO THE CITY OF
DENTON, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET H, PAGE
295, PLAT RECORDS, DENTON COUNTY, TEXAS;
THENCE SOUTH 00 DEGREES 20 MINUTES 52 SECONDS WEST WITH A EAST LINE
OF SAID JOHNSON TRACT, A DISTANCE OF 234.60 FEET TO A FOUND IRON PIN ON
THE WEST LINE OF THE REPLAT OF BELLAIRE HEIGHTS ADDITION, PHASE FIVE,
ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET H, PAGE 295, PLAT
RECORDS. DENTON COUNTY, TEXAS;
THENCE SOUTH 00 DEGREES 43 MINUTES 24 SECONDS WEST A DISTANCE OF
238.28 FEET TO A FENCE CORNER POST AT THE SOUTHERNMOST SOUTHEAST
CORNER OF SAID JOHNSON TRACT AND THE SOUTHWEST CORNER OF BELLAIRE
HEIGHTS ADDITION, PHASE FIVE, AN ADDITION TO THE CITY OF DENTON,
ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET D, PAGE 284, PLAT
RECORDS, DENTON COUNTY, TEXAS AND BEING ON THE NORTH LINE OF
WILLIAMSBURG SQUARE, AN ADDITION TO THE CITY OF DENTON, ACCORDING
TO THE PLAT THEREOF RECORDED IN CABINET Q, PAGE 224, PLAT RECORDS,
DENTON COUNTY, TEXAS;
THENCE NORTH 89 DEGREES 22 MINUTES 33 SECONDS WEST WITH A SOUTH LINE
OF SAID JOHNSON TRACT AND THE NORTH LINE OF SAID WILLIAMSBURG
SQUARE, A DISTANCE OF 166.36 FEET TO A FOUND IRON PIN ON A SOUTH LINE OF
SAID JOHNSON TRACT AND BEING THE NORTHWEST CORNER OF SAID
WILLIAMSBURG TRACT AND THE NORTHEAST CORNER OF SAID EAST OAKS
ADDITION;
THENCE NORTH 88 DEGREES 51 MINUTES 36 SECONDS WEST CONTINUING WITH A
SOUTH LINE OF SAID JOHNSON TRACT AND THE NORTH LINE OF SAID EAST OAKS
ADDITION, A DISTANCE OF 388.69 FEET TO THE POINT-OF-BEGINNING, AND
CONTAINING IN ALL 13.481 ACRES OF LAND.
Planning Staff Analysis
Z18-0015/Audra Oaks
City Council District 1
October 16, 2018
REQUEST:
Hold a public hearing and consider adoption of an ordinance to rezone approximately 13.48
acres from a Neighborhood Residential 2 (NR-2) District to a Neighborhood Residential 4 (NR-
4) District. The subject property is generally located on the south side of Audra Lane,
approximately 90 feet west of Barbara Street, in the City of Denton, Denton County, Texas;
maximum amount of $2,000.00 for violations thereof; providing a severability clause and an
effective date. (Z18-0015, Audra Oaks, Hayley Zagurski).
OWNER:
B.J.H. Johnson Properties LTD
APPLICANT:
Sean Faulkner, Foresite Group
BACKGROUND:
The request is for a rezoning from NR-2 District to NR-4 District on 13.48 acres of property
located along Audra Lane. The property is currently undeveloped. The rezoning is intended to
facilitate the development of a residential subdivision.
The conceptual plan (See Exhibit 8) reflects 40 duplex lots and 7 single-family lots as well as an
open space/park that was separate the residential lots from the existing Audra Oaks subdivision
to the east. A 50-foot wide natural gas pipeline easement traverse the open space lot and makes
the eastern portion of the property ill-suited for residential development.
If the rezoning is approved, a preliminary and final plat will be required for development of the
subject property.
SITE DATA:
The 13.48-acre subject property is currently undeveloped land located on the south side of Audra
Lane, west of Barbara Street. The subject property is and is comprised of two unplatted tracts of
land.
The property has approximately 450 feet of frontage on Audra Lane. Audra Lane is classified as
a Residential Collector street by the Mobility Plan. The street is currently developed as a two-
lane undivided roadway, which is partially improved with curb and sidewalks along the northern
side of the road. Roadway improvements associated with development of the subject property
will be determined at the time of platting.
The request is for a rezoning from NR-2 District to NR-4 District in order to develop the subject
property with a subdivision for single-family and duplex dwellings as shown on the Concept
Plan in Exhibit 8. The single-family use is permitted under the current NR-2 zoning district but
not at the density with which the applicant is seeking to develop the property. Duplexes are not a
permitted use under the current NR-2 District. The proposed NR-4 District permits single-family
dwellings by right at a maximum density of 4 dwelling units per acre, and permits Duplexes with
the following limitation:
L(3) = In part of a subdivision of two (2) acres or more, up to two (2) units may be
attached by a common wall if the lots which contain the attached structures do not abut
the perimeter lot lines of a subdivision, the individual common wall units are on separate
lots designed to be sold individually, and they comply with the Subchapter 13.
Additionally, units must have the appearance of a single-family residence from the
street.
The concept plan reflects the duplex lots being appropriately located to comply with this
limitation. Compliance with the site design standards in Subchapter 13 and the appearance of the
homes would be determined at the time of building permits.
SURROUNDING ZONING AND LAND USES:
Northwest: North: Northeast:
Zoning: Neighborhood Zoning: NR-3 District Zoning: NR-3 District
Residential 3 (NR-3) District
Use: Audra Lane and single- Use: Audra Lane and single-
Use: Audra Lane and single-family residential family residential
family residential
West: East:
Zoning: NR-6 District w/ Zoning: NR-2 District and
overlay restrictions and NR-2 NR-4 District
District
SUBJECT PROPERTY
Use: Single-family residential
Use: Undeveloped land and a
single-family residence /
landscape business
Southwest: South: Southeast:
Zoning: NR-4 District Zoning: NR-4 District Zoning: NR-4 District
Use: Single-family residential Use: Single-family residential Use: Single-family residential
CONSIDERATIONS:
1. Section 35.3.4 of the DDC states that an application for a rezoning may be approved
based on the following criteria:
a) The proposed rezoning conforms to the Future Land Use element of the Denton Plan,
and
The Future Land Use designation for the subject property and surrounding area is
Residential - Low Density. This designation applies to areas intended for primarily
single-family development at a density of one to four dwelling units per acre.
Additionally, the comprehensive plan stipulates that these areas should include a variety
of housing styles, types, and prices, and that new development in these area should be
contiguous to existing development, should be walkable, and should be responsive to
existing development patterns and standards.
The proposed NR-4 District is consistent with this Future Land Use designation and the
criteria outlined in the Denton Plan 2030 for Residential Low Density areas. NR-4
District permits up to 4 dwelling units per acre. NR-4 District permits single-family and
duplex development, which is consistent with the goal of offering a variety of housing
types within the 4 unit per acre density limitation.
b) The proposed rezoning facilitates the adequate provision of transportation, water,
sewer, schools, parks, other public requirements, and public convenience.
Utilities are available to the subject property along Audra Lane. Access of the site is
available from Audra Lane, and the concept plan reflects connectivity to the existing stub
of Oak Valley Street to the south. The concept plan also reflects a connection to a new
subdivision to the west that is currently going through the preliminary platting process.
The concept plan also reflects a 5.3 acre open space or park. The land owner is currently
ment to determine if this land can be formally
Association.
2. The request is for a rezoning from NR-2 District to NR-4 District. Currently there is NR-
4 to the east and south of the subject property, so this rezoning would be a continuation of
this existing zoning pattern.
To the west of the subject property are multiple parcels that were recently rezoned to NR-
6 District with overlay restrictions that limit the density of development to just over 4
dwelling units per acre in each subdivision and restrict the permitted uses to detached
single-family dwellings (reference cases Z17-0024 and Z17-0026). The requested NR-4
District would be consistent with these overlays in terms of density, but not use. In
addition to limiting the number of units, each of the previously mentioned NR-6 overlays
also restricted the permitted uses to detached single-family dwellings. Although NR-4
District does permit duplexes with limitations, it does not permit more intensive
residential uses such as townhomes and multi-family development.
3. The requested rezoning is intended to facilitate the development of a single-family and
duplex residential subdivision. The proposed single-family use is permitted under the
NR-2 District but at a density of only 2 dwelling units per acre. Duplexes are not
permitted under the NR-2 District.
Under the NR-4 District, single-family residential development is permitted by right.
Since the subject property is over 2 acres, there are no minimum lot dimensions that
would apply, and residential development could have a density of up to 4 dwelling units
per acre. Based on the concept plan provided the density of the proposed subdivision is
3.49 dwelling units per acre.
As noted above, duplexes are limited within NR-4 zoning in such a way that the units are
required to be located on separately platted lots that can be owned individually. Duplexes
are also not permitted along the exterior boundary of a subdivision, which means the
units would not directly abut a single-family home outside of the subdivision and would
therefore limit any compatibility issues with existing subdivisions.
4. Staff has concerns with duplexes being developed in the area based on recently approved
zoning overlays restricting development to detached single-family dwellings, the
proposed development will have to comply with all DDC regulations, including
Limitation 3 as described above, new parking requirements for single-family and duplex
dwellings of 4 spaces per dwelling, and a maximum lot coverage of 60%. Thus, the
concept plan with a density of 3.8 dwelling units per acre may be amended at platting.
STAFF RECOMMENDATION:
Staff recommends approval of this request as the zoning is consistent with the surrounding area
and with the goals and objectives of the Denton Plan 2030.
PUBLIC NOTIFICATION:
To comply with the public hearing notice requirements, 73 notices were sent to property owners
within 200 feet of the subject property, 218 courtesy notices were sent to physical addresses
within 500 feet of the subject property, a notice was published in the Denton Record Chronicle,
and a sign was placed on the property. One written response in favor of the request and four
written responses in opposition to the request have been received as of the issuance of this report.
These are provided in Exhibit 9.
The applicant held a neighborhood meeting on September 4, 2018. Eleven members of
surrounding neighborhoods attended the meeting. The applicant and owner presented the
proposed concept plan and showed photos of the types of dwellings they plan to construct.
Neighbors asked questions regarding parking, traffic on Oak Valley Road, and how to ensure the
proposed 5 acre open space becomes a public park. The sign in sheet from the meeting is
included in Exhibit 9.
Z18-0015
Site Location
BRANDYWINE
POST OAK
KINGFISHER
02555101,020
Feet
SITE
µ
Parcels
Roads
Date: 7/10/2018
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
Z18-0015
Existing Zoning Map
IC-E
EC-C
CM-G
NR-3
EC-I
BRANDYWINE
NRMU
PD
NR-6
POST OAK
NRMU-12
NR-4
NR-2
KINGFISHER
02555101,020
Feet
SITECM-GNR-2NRMU
µ
EC-CNR-3NRMU-12
Parcels
EC-INR-4PD
Roads
IC-ENR-6
Date: 7/10/2018
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
Z18-0015
Future Land Use Map
MISTYWOOD
Business
Innovation
Low
Residential
MEADOW
OAK
Parks /
Open
Space
426
"
)
Community
Mixed
Moderate
Use
Residential
03857701,540
SITENeighborhood / University Compatibility Area Feet
Future Land Use
Business Innovation
Low Residential
Parcels
µ
Commercial
Moderate Residential
Roads
Government / Institutional
Downtown Compatibility Area
Parks / Open Space
Community Mixed Use
Neighborhood Mixed Use
Date: 7/10/2018
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
Z18-0015
Proposed Zoning Map
IC-E
EC-C
CM-G
NR-3
EC-I
BRANDYWINE
NRMU
PD
NR-6
POST OAK
NRMU-12
NR-4
NR-2
KINGFISHER
02555101,020
Feet
SITECM-GNR-2NRMU
µ
EC-CNR-3NRMU-12
Parcels
EC-INR-4PD
Roads
IC-ENR-6
Date: 7/12/2018
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
NR2NR4
wĻƭźķĻƓƷźğƌ
ƭĻƭ
Agriculture
PP
Livestock
L(7)L(7)
Singlefamily
Dwellings
PP
AccessoryDwelling
Units
SUP/L(1)SUP/L(1)
AttachedSingle
familyDwellings
NSUP
Dwellingsabove
Businesses
NN
Live/WorkUnits
NN
Duplexes
NL(3)
CommunityHomes
fortheDisabled
PP
GroupHomes
NN
Multifamily
DwellingsNN
Fraternityor
SororityHouse
NN
Dormitory
NN
Manufactured
Housing
Developments
SUPN
NR2NR4
/ƚƒƒĻƩĭźğƌ\[ğƓķ
ƭĻƭ
HomeOccupation
PP
Products
Saleof
GrownonSite
NN
Hotels
NN
Motels
NN
BedandBreakfast
NN
RetailSalesand
Service
NN
MovieTheatersNN
Restaurant
NN
PrivateClub
NN
Bar
NN
DriveThrough
Facility
NN
Professional
ServicesandOfficesNN
QuickVehicle
Servicing
NN
VehicleRepair
NN
AutoandRVSalesNN
LaundryFacilities
NN
EquestrianFacilities
SUPN
OutdoorRecreation
PP
IndoorRecreation
NN
MajorEvent
EntertainmentNN
CommercialParking
Lots
NN
Administrativeor
ResearchFacilities
NN
Broadcastingor
ProductionStudio
NN
SexuallyOriented
Business
NN
SelfserviceStorage
NN
TemporaryUses
L(38)L(38)
CraftAlcohol
Production
NR2NR4
LƓķǒƭƷƩźğƌ\[ğƓķ
ƭĻƭ
Printing/Publishing
NN
Bakeries
NN
Manufactureof
NonOdiferous
Foods
NN
FeedLots
NN
FoodProcessing
NN
Light
Manufacturing
NN
Heavy
Manufacturing
NN
WholesaleSales
NN
Wholesale
Nurseries
NN
Distribution
Center/Warehouse,
General
NN
Warehouse,Retail
NN
SelfServiceStorageNN
Construction
MaterialsSales
NN
JunkYardsand
AutoWreckingNN
L(27)L(27)L(27)
Kennels
L(37)N
VeterinaryClinics
L(14)N
SanitaryLandfills,
Commercial
Incineratiors,
TransferStations
NN
Compressor
Stations
NN
CraftAlcohol
Production
NN
GasWells
L(27)L(27)
NR2NR4
LƓƭƷźƷǒƷźƚƓğƌ\[ğƓķ
ƭĻƭ
BasicUtilities
L(25)L(25)
CommunityService
NN
ParksandOpen
Space
PP
Churches
PP
SemiPublicHalls,
Clubs,andLodgesSUPSUP
Business/Trade
School
NN
AdultorChildDay
CareSUPSUP
Kindergarten,
ElementarySchool
SUPSUP
MiddleSchool
NN
HighSchoolNN
Colleges
NN
Conference/Conven
tionCenters
NN
HospitalNN
ElderlyHousing
NN
MedicalCenters
NN
Cemeteries
NN
MortuariesNN
WECS(freestanding
monopole)
SUPSUP
WECS(building
mounted)
SUPSUP
ElectricSubstations
&SwitchStationsL(43)L(43)
NR2NR4
DĻƓĻƩğƌ
wĻŭǒƌğƷźƚƓƭ
MinimumLotArea
(squarefeet)
16,0007,000
MaximumDensity
24
MaximumFAR
MaximumLot
Coverage
30%60%
Minimum
LandscapedArea
70%40%
MaximumBuilding
Height
40feet40feet
L(1)=Accessorydwellingunitsarepermitted,subjecttothefollowing
additionalcriteria:
1.Theproposalmustconformwiththeoverallmaximumlot
coverageandsetbackrequirementsoftheunderlyingzone.
2.Themaximumnumberofaccessorydwellingunitsshallnot
exceedone(1)perlot.
3.Themaximumgrosshabitablefloorarea(GHFA)oftheaccessory
residentialstructureshallnotexceedfifty(50)percentoftheGHFAof
theprimaryresidenceonthelot,andshallnotexceedonethousand
(1,000)sq.ft.GHFAunlessthelotmeetstherequirementsofL(1).5.
4.One(1)additionalparkingspaceshallbeprovidedthatconforms
totheoffstreetparkingprovisionsofthisChapter.
5.Themaximumgrosshabitablefloorarea(GHFA)oftheaccessory
residentialstructureshallnotexceedfifty(50)percentoftheGHFAof
theprimaryresidenceonthelot,wherethelotsizeisequaltoor
greaterthanten(10)acresinsize.AnSUPisnotrequiredforsuchan
accessoryresidentialstructurewherethelotsizeisequaltoor
greaterthanten(10)acres.
L(3)=Inpartofasubdivisionoftwo(2)acresormore,uptotwo(2)
unitsmaybeattachedbyacommonwallifthelotswhichcontainthe
attachedstructuresdonotabuttheperimeterlotlinesofa
subdivision,theindividualcommonwallunitsareonseparatelots
designedtobesoldindividually,andtheycomplywiththe
L(7)=Limitedtotwo(2)animalsonparcelsone(1)tothree(3)acres
insize.Additionalanimalsmaybeaddedatarateofone(1)pereach
acreoverthree(3).
L(14)=Usesarelimitedtonomorethantenthousand(10,000)
squarefeetofgrossfloorarea.
L(25)=Ifproposeduseiswithintwohundred(200)feetofa
residentialzone,approvalissubjecttoaSpecificUsePermit.
L(27)=MustcomplywiththeprovisionsofSubchapter89,GasWell
DrillingandProduction.
L(37)=Five(5)acreminimumlandarearequiredandnomorethan
twentyfive(25)kennelsperacreallowed,includingindoorand
outdoorruns.Anaturalbufferstripisrequiredadjacenttoany
residentialuse.
L(38)=MustmeettherequirementsofSection35.12.9.
L(43)=ElectricSubstationsandSwitchStationsarepermittedsubject
tothefollowingcriteria:
1.Anapplicantshallberequiredtosubmitanapplicationfora
SpecificUsePermitpursuanttoSubsection35.6inaccordancewith
proceduressetforthinSubsection35.3.4unlessitisabletomeetthe
followingrequirements:
A.UseofthepropertyisassociatedwithaCityCouncilapproved
CapitalImprovementsPlan(CIP)orotherCityCouncilapproved
MasterPlan;and
B.ApublichearingwasheldattheCityCouncilfortheselectionof
thesitetoinclude:
i.Writtennoticeofthepublichearingwasprovidedtoproperty
ownerswithintwohundred(200)feetandphysicaladdresseswithin
fivehundred(500)feetofthesubjectpropertyatleasttwelve(12)
dayspriortopublichearing;and
ii.Asignadvertisingthepublichearingwaspostedonoradjacent
tothepropertyatleasttwelve(12)dayspriortothepublichearing.
C.Aneighborhoodmeetingwasheldatleastfifteen(15)daysprior
tothepublichearingatCityCouncilfortheacquisitionofthesite.
2.AllElectricSubstationsorSwitchStationsshallcomplywiththe
followingdevelopmentrequirements:
1.Theproposedelectricsubstationorswitchstationshall
substantiallycomplywithallofthedevelopmentandregulatory
standardsestablishedinSubchapter24;and
2.Asiteplandemonstratingsubstantialconformancewithallthe
applicabledesignstandardsidentifiedinSubchapter24shallbe
submitted.
55'
Z18-0015
Notification Map
BRANDYWINE
POST OAK
KINGFISHER
02555101,020
Feet
200ft BufferSITE
µ
500ft BufferParcels
Roads
Date: 7/10/2018
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
Zagurski, Hayley
From:David Zoltner <dzoltner70@gmail.com>
Sent:Wednesday, September 05, 2018 3:49 PM
To:Zagurski, Hayley
Subject:Fwd: Audra Oaks opinion
Hayley;
Please forward this, or share with P&Z as you see fit.
Thank you
David Zoltner
---------- Forwarded message ----------
From: David Zoltner <dzoltner70@gmail.com>
Date: Wed, Sep 5, 2018 at 3:45 PM
Subject: Audra Oaks opinion
To:de_mcclain@yahoo.com, Camelia Maier <cmaier@mail.twu.edu>, David Zoltner
<dzoltner70@gmail.com>, Dicla Monterroso <dicla.monterroso@gmail.com>, Kenneth Koleber
<kekoleber@hotmail.com>, Lloyd Kinnison <lkinnison5@msn.com>
The following is a personal opinion only and does not reflect any consensus of East Oaks Board.
First, I will not be attending either the P&Z meeting next week or City Council consideration of Audra Oaks
next month.
Why? Because Jay Johnson (a very likeable person) and the City of Denton have us over a barrel - and they
both know it.
Silly me ! When I first heard rumors and then saw the sign confirming the NR4 rezone for Audra Oaks, I was
initially pleased and my mind envisioned another Summer Oaks style development to the south i.e. single-
family residences with, at least, the majority being owner-occupied and well-maintained.
But reality now reveals Audra Oaks to (eventually) become just another income-producing, rental property
development permitted under disguise as Denton NR4. And worse, because of the rear-entry garages, high-
density duplex population over < 0.2 miles, and typical (mis)use of garage space by renters , overflow parking
onto Oak Valley and traffic congestion are virtually guaranteed **.
While I wish Mr. Johnson all the best, but for the above reasons, I consider Audra Oaks to be the most ill-
advised of all the recent Audra developments considering its eventual negative impact on East Oaks
environment, valuation and safety.
Sincerely
David Zoltner
** 56ft ROW - 2x10ft sidewalk->curb - 2x 9ft @curb parking = 18 ft for 2 way traffic passage including
Emergency vehicles.
(Unless an overlay requirement for single-side parking only is considered?)
1
Zagurski, Hayley
From:Maier, Camelia <CMaier@twu.edu>
Sent:Wednesday, September 12, 2018 9:32 AM
To:Zagurski, Hayley
Subject:RE: Audra Oaks development
Importance:High
DearMs.Zagurski,
IamwritingtoexpressmyconcernsaboutandoppositiontotheAudraOaksPhase2development.Myhouseissituated
onOakValleywhich,accordingtothedevelopmentplans,willbeopenedallthewaytoAudraLane.Withthehouse
developmentsouthofourneighborhood,whenOakValleywasextendedintoPaisleySt.,carsalreadyflybymyhouseat
highspeedonthelong,straightstretchofOakValley.Withtheopeningofthestreetonthenorthsideofour
neighborhood,thetrafficwillbecomeevenmoreproblematicandunsafe.Andthatisespeciallythecasesincetheplan
proposesonly7singlefamilyunitsandalotmore,40duplexunitsinasmallarea.TheEastOaksresidentialareaisan
NR4area.Ididnotknowthatyouallowduplexesinatraditionalsinglefamilyresidencearea,whichAudraOaksshould
be.The20multifamilyduplexesintheAudraOakswillbecomearentalenclavewithtimewithalltheexpectednegative
consequencesoftrafficcongestion,onstreetparkingsothefiretrucksandambulancescouldnotgothrougheasily,and
neighborhoodsafetyandcrime.
Please,IurgeyoutonotapprovetheAudraOaksdevelopmentplanasitstandsnow.Iproposethattheplanchange
eithertoincludeonlysinglefamilyunitsor,ifyouallowduplexes,OakValleySt.shouldnottocontinueinAudraOaks.
TheycouldhaveaculdesactowardsOakValleySt.,asisthecasewithmanyneighborhoodsinDenton.
Thankyouforyourconsideration,
Dr.CameliaMaier
CameliaMaier,Ph.D.
Professor
TexasWoman'sUniversity
DepartmentofBiology,GRB328
Denton,TX762045799
Tel.:9408982358(office)
9408982721andx2442(labs)
Fax:9408982382
Email:cmaier@mail.twu.edu
http://www.twu.edu/biology/facultyandstaff/cameliamaierphd/
http://www.twu.edu/biology/herbariumandbutterflygarden/
1
2
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:S18-0006a,Version:1
AGENDA CAPTION
HoldapublichearingandconsideradoptionofanordinanceforaSpecificUsePermittoallowforadrive-
throughuseonapproximately1.69acresofland.ThepropertyisgenerallylocatedeastofFortWorthDrive
andnorthoftheInterstate35EfrontageroadintheCityofDenton,DentonCounty,Texas;providingfora
penaltyinthemaximumamountof$2,000.00forviolationsthereof;providingaseverabilityclauseandan
effective date. (S18-0006, McDonald’s, Hayley Zagurski).
City of DentonPage 1 of 1Printed on 10/12/2018
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
CM: Todd Hileman
DATE: October 16, 2018
SUBJECT
Hold a public hearing and consider adoption of an ordinance for a Specific Use Permit to allow for a
drive-through use on approximately 1.69 acres of land. The property is generally located east of Fort
Worth Drive and north of the Interstate 35E frontage road in the City of Denton, Denton County, Texas;
providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a
severability clause and an effective date. (S18-
BACKGROUND
The request is for a Specific Use Permit (SUP) to permit a drive-through use on approximately 1.69 acres
of property generally located on the east side of Fort Worth Drive north of the I-35 East frontage road.
The property is zoned Downtown Commercial General (DC-G) District. The subject property is
comprised of portions of multiple lots that will be replatted into a single lot pending the approval of this
SUP.
The proposed dive-through would The
restaurant use is permitted by right within the DC-G District, but drive-through facilities require a SUP. A
Conceptual Site Plan, Landscape Plan, and building elevations are provided in Exhibits 6, 7, and 8,
respectively.
A portion of the subject property was recently taken as right-of-way for the future expansion of I-35 East
by TXDOT. Prior to this, a Taco Bueno restaurant with a drive-through was developed on the western
part of the property. The structure was removed as part of the TXDOT right-of-way acquisition. The Taco
Bueno was developed on the property prior to the City-wide rezoning in 2002, at which time the property
was rezoned from Commercial District to DC-G District. Drive-through uses were permitted without a
SUP in the Commercial District under the 1991 development code.
The full Staff Analysis of the request is provided in Exhibit 2.
OPTIONS
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommended approval \[7-0\] with the following staff
recommended condition:
1. The provided site plan, landscape plan, and building elevations are preliminary in nature. A full
site plan submittal shall be required to ensure the development complies with the requirements of
the Denton Development Code in terms of site design, landscaping, parking, and building design
as provided in DDC 35.6.3.
Staff recommends approval of this request with the following conditions:
1. The City Council recognizes that driveway access locations from state highways must be
approved by the Texas Department of Transportation , and that alterations in the
configuration of I-35E are currently in progress. Any driveway access locations from the
northbound I-35E frontage road or Fort Worth Drive which must be altered in response to
changing TxDOT requirements may be administratively approved by City staff, provided that
such alterations comply with all DDC and criteria manual requirements, and that all remaining
elements of the approved site plan are satisfied.
2. Landscaping in the attached site plan is designed in an arrangement that complies with the
DDC. Minor alterations to the depicted locations of individual plantings may be approved by
City staff, provided that the final landscaping, as planted, complies with all elements of the
DDC.
3. Notwithstanding the limited administrative approvals authorized in conditions 1 and 2, the
City reserves the right to require approval by ordinance of any amendments to the SUP and the
attached site plan, including those referenced in conditions 1 and 2.
During Legals review of the ordinance it was determined that the preliminary plans needed to be further
clarified in the ordinance conditions to avoid any misinterpretation of the original condition in the future.
Thus, the single original condition that staff and P&Z recommended was expanded into the three
conditions above.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The subject property was zoned DC-G District as part of the 2002 city-wide rezoning.
On September 26, 2018 the Planning and Zoning Commission held a public hearing and recommended
approval of the request \[7-0\] with the above stated condition. At the public hearing the applicant spoke,
indicating that this request would be a relocation of the McDonalds that was previously located near
UNT.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its
vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational
Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly
Community; and Sustainability and Environmental Stewardship. While individual items may support
multiple KFAs, this specific agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention
EXHIBITS
1. Agenda Information Sheet
2. Staff Analysis
3. Aerial Map
4. Zoning Map
5. Future Land Use Map
6. Preliminary Site Plan
7. Preliminary Landscape Plan
8. Preliminary Building Elevations
9. Notification Map
10. Presentation
11. Draft Planning and Zoning Commission Meeting Minutes
12. Draft Ordinance
Respectfully submitted:
Richard Cannone, AICP
Deputy Director/Planning Director
Prepared by:
Hayley Zagurski
Senior Planner
1
2 Minutes
3 Planning and Zoning Commission
4 September 26, 2018
5
6 After determining that a quorum was present, the Planning and Zoning Commission of the City of
7 Denton, Texas convened in a Work Session on Wednesday, September 26, 2018 at 4:30 p.m. in
8 the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which
9 the following items were considered:
10
11 PRESENT: Chair Andrew Rozell, Commissioners: Alfred Sanchez, Larry Beck,
12 Jason Cole, Mat Pruneda, Tim Smith and Margie Ellis
13
14 ABSENT: None.
15
16 STAFF: Cathy Welborn, Kelly Robinson, Karen Hermann, Hayley Zagurski, Scott
17 McDonald, Ron Menguita, Richard Cannone, Julie Wyatt, Sean Jacobson, and Jerry Drake.
18
19
20 WORK SESSION
21
22 1.Clarification of agenda items listed on the agenda for this meeting. This is an opportunity
23 for Commissioners to ask questions of staff on the Consent and Regular Agenda items,
24 which may include a full briefing on an item in the order it appears on the regular session
25 agenda. Any such briefing will be repeated in regular session.
26
27 Chair Rozell opened the Work Session at 4:38 p.m.
28
29 Chair Rozell asked the Commission if there were any questions regarding the Consent Agenda.
30
31 Commissioner Ellis questioned if the verbiage was correct for Consent Agenda item 3A. Hayley
32 Zagurski, Senior Planner, clarified the applicant had changed the number of lots needed from 9 to
33 8 due to an existing cell tower needing to be on a one acrelot. The cell tower is now part of lot 8.
34
35 The Commission had no further questions regarding the Consent Agenda.
36
37 Hayley Zagurski, Senior Planner, presented Item for Individual Consideration item 4A. Zagurski
38 stated this request is to consider a request by DB Denton II LLC for approval of a Site Plan for a
39 Chase Bank building to be constructed within the Rayzor Ranch South RR-2 District located on
40 Lot 3R, Block A, of the Rayzor Ranch South Addition. The approximately 1.36-acre property is
41 generally located along the south side of University Drive approximately 1350 feet west of
42 Heritage Trail.
43
44 Zagurski stated staff does recommend approval of the site plan request as it is compliant with all
45 applicable regulations of the Rayzor Ranch Overlay District (RROD) and meets the criteria for
46 approval in Subchapter 35.7.15.2.K of the Denton Development Code (DDC).
1
1
2 Commissioner Beck asked if this is a relocation for the current Chase Bank located on University
3 Drive and Hinkle Drive. Zagurski stated she is unaware of the current location being relocated, but
4 the developer would be here during the Regular Meeting to verify.
5
6 Commissioner Ellis questioned the need for 42 parking spaces. Zagurski stated the applicant was
7 opposed to losing any parking due to the number of customers and staff.
8
9 Chair Rozell questioned the location of the bike racks. Zagurski stated there was no plan for bike
10 racks but she would look into it before the Regular Meeting.
11
12 Chair Rozell stated Public Hearing item 5A has been postponed to the October 24, 2018 Planning
13 and Zoning meeting and Public Hearing item 5C has been postponed to the October 10, 2018
14 Planning and Zoning meeting.
15
16 Hayley Zagurski, Senior Planner presented Public Hearing item 5B. Zagurski stated the request is
17 to hold a Public Hearing and consider making a recommendation to City Council regarding a
18 request by Westdale Properties America I, Ltd. for a Specific Use Permit to allow for a drive-
19 through use on approximately 1.69 acres. The property is generally located east of Fort Worth
20 Drive and north of the Interstate 35E frontage road in the City of Denton, Denton County, Texas.
21
22 Zagurski stated Staff recommends approval of the Special Use Permit (SUP) request with the
23 following condition: 1. the provided site plan, landscape plan, and building elevations are
24 preliminary in nature. A full site plan submittal shall be required to ensure the development
25 complies with the requirements of the Denton Development Code in terms of site design,
26 landscaping, parking, and building design as provided in DDC 35.6.3.
27
28 Commissioner Beck stated his concern about traffic stacking up. Zagurski stated the applicant has
29 worked extensively with Pritam Deshmukh, Deputy City Engineer, to insure the driveways are in
30 appropriate locations.
31
32 2.Work Session Reports
33
34 A.Receive a presentation and hold a discussion regarding the Project Types considered
35 by the Planning and Zoning Commission.
36
37 Julie Wyatt, Senior Planner, completed the presentation for Works Session Reports item 2A from
38 the September 12, 2018 Planning and Zoning meeting.
39
40 Chair Rozell called a recess at 5:44 p.m.
41
42 Chair Rozell reconvened the Work Session at 5:54 p.m.
43
44
45
46
2
1 B. Receive an update regarding the Denton Development Code Subchapter 13, Tree
2 Preservation and Landscape Standards.
3
4 Richard Cannone, Deputy Director of Development Services, provided an update to the Tree
5 Preservation and Landscape Standards.
6
7 Commissioner Ellis questioned if the Commission is able to provide comments for the Tree
8 Preservation and Landscape Standards update. Cannone stated yes just to keep in mind this is a
9 rough draft and things are continuously changing. Chair Rozell questioned if the public is able to
10 provide feedback. Cannone stated staff could email and create a link on the City of Denton website
11 to allow easier access for the public to provide feedback.
12
13 Chair Rozell closed the Work Session at 6:36 p.m.
14
15 REGULAR MEETING
16
17 Chair Rozell opened the Regular Meeting at 6:47 p.m.
18
19 The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, September
20 26, 2018 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time
21 the following items were considered:
22
23 1.PLEDGE OF ALLEGIANCE
24 A.U.S. Flag B. Texas Flag
25
26 Chair Rozell stated Public Hearing item 5A has been postponed to the October 24, 2018 Planning
27 and Zoning meeting and Public Hearing item 5C has been postponed to the October 10, 2018
28 Planning and Zoning meeting.
29
30 2.CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION MINUTES
31 FOR:
32 A.Consider approval of the Planning and Zoning Commission meeting minutes.
33
34 Commissioner Larry Beck motioned, Commissioner Margie Ellis seconded to approve the August
35 22, 2018 meeting minutes. Motion approved (7-0). Commissioner Alfred Sanchez "aye",
36 Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye",
37 Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim
38 Smith "aye".
39
40 Commissioner Margie Ellis motioned, Commissioner Alfredo Sanchez seconded to approve the
41 September 12, 2018 meeting minutes. Motion approved (6-0-1). Commissioner Alfred Sanchez
42"aye", Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell
43"aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner
44 Tim Smith "recused".
45
46
3
1
2 3.CONSENT AGENDA
3
4 A.Consider a request by Raymond L. Wood for approval of a Final Plat of the Wood Lands
5 Addition. The 10.03-acre site is generally located on the west and north side of Fincher
6 Road, west of the intersection of Fincher Road and Cedar Creek Road in the Extraterritorial
7 Jurisdiction of the City of Denton, Denton County, Texas. (FP18-0017a, Wood Lands
8 Addition, Hayley Zagurski).
9
10 B.Consider a request by Carmel Villas, LLC for approval of a Final Plat of Carmel Villas,
11 Phase I. The approximately 17.78-acre site is generally located on the north side of Pockrus
12 Page Road, approximately 1.065 feet east of the I-35E Service Road in the City of Denton,
13 Denton County, Texas. (FP18-0001, Carmel Villas, Phase I, Julie Wyatt).
14
15 Commissioner Tim Smith motioned, Commissioner Margie Ellis seconded to approve the Consent
16 Agenda. Motion approved (7-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck
17"aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda
18"aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye".
19
20 4.ITEMS FOR INDIVIDUAL CONSIDERATION
21
22 A.Consider a request by DB Denton II LLC for approval of a Site Plan for a Chase Bank
23 building to be constructed within the Rayzor Ranch South RR-2 District located on Lot 3R,
24 Block A, of the Rayzor Ranch South Addition. The approximately 1.36-acre property is
25 generally located along the south side of University Drive approximately 1350 feet west of
26 Heritage Trail. (SP18-0028, Chase Bank, Hayley Zagurski)
27
28 Commissioner Pruneda recused himself from Item for Individual Consideration 4A due to a
29 conflict of interest.
30
31 Hayley Zagurski, Senior Planner, presented Item for Individual Consideration item 4A. Zagurski
32 stated this request is to consider a request by DB Denton II LLC for approval of a Site Plan for a
33 Chase Bank building to be constructed within the Rayzor Ranch South RR-2 District located on
34 Lot 3R, Block A, of the Rayzor Ranch South Addition. Staff does recommend approval of the
35 site plan request as it is compliant with all applicable regulations of the Rayzor Ranch Overlay
36 District (RROD) and meets the criteria for approval in Subchapter 35.7.15.2.K of the DDC.
37
38 The following individual spoke on this item:
39
40 Matthew Cragun, 2080 North Highway 360 #248, Grand Prairie, Texas 75050. Supports this
41 request.
42
43 Matthew Cragun, the applicant, confirmed for Commissioner Beck that the Chase Bank located
44 on University Drive and Hinkle Drive is being relocated to the site in question. Cragun also
45 addressed Chair Rozell’s question regarding the bike racks and stated they would be adding a bike
46 rack to the location.
4
1 There was not further discussion on this item.
2
3 Commissioner Tim Smith motioned, Commissioner Margie Ellis seconded to approve the Consent
4 Agenda. Motion approved (6-0-1). Commissioner Alfred Sanchez "aye", Commissioner Larry
5 Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat
6 Pruneda "recused", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye".
7
8
9 5.PUBLIC HEARINGS
10
11 A.Hold a public hearing and consider making a recommendation to City Council regarding
12 a request by Lee Allison of the Allison Engineering Group on behalf of Responsive
13 Education Solutions and Lifeline Church of Denton for a zoning change from
14 Neighborhood Residential 2 (NR-2) to a Neighborhood Residential Mixed-Use (NRMU)
15 District on two adjacent tracts, one of approximately 5.723 acres and the other of
16 approximately 4.389 acres. The subject site is generally located southwest of the
17 intersection of Teasley Lane and Pennsylvania Drive, in the City of Denton, Denton
18 County, Texas (CDP Bravo, Z18-0021, Sean Jacobson). STAFF HAS POSTPONED THIS
19 ITEM TO THE OCTOBER 24, 2018 PLANNING AND ZONING COMMISSION
20 MEETING.
21
22 B.Hold a public hearing and consider making a recommendation to City Council regarding
23 a request by Westdale Properties America I, Ltd. for a Specific Use Permit to allow for a
24 drive-through use on approximately 1.69 acres. The property is generally located east of
25 Fort Worth Drive and north of the Interstate 35E frontage road in the City of Denton,
26 Denton County, Texas. (S18-0006, McDonald’s, Hayley Zagurski).
27
28 Chair Rozell opened the Public Hearing.
29
30 Hayley Zagurski, Senior Planner presented Public Hearing item 5B. Zagurski stated the request is
31 to hold a Public Hearing and consider making a recommendation to City Council regarding a
32 request by Westdale Properties America I, Ltd. for a Specific Use Permit to allow for a drive-
33 through use on approximately 1.69 acres. Zagurski stated Staff recommends approval of the
34 Special Use Permit (SUP) request with the following condition: 1.the provided site plan, landscape
35 plan, and building elevations are preliminary in nature. A full site plan submittal shall be required
36 to ensure the development complies with the requirements of the Denton Development Code in
37 terms of site design, landscaping, parking, and building design as provided in DDC 35.6.3.
38
39 The following individual spoke during the Public Hearing:
40
41 Greg Massey, 2933 S Bryant Ave. Edmond, Oklahoma 73111. Supports this request.
42
43 Commissioner Beck questioned Massey what type of signage they intend to use. Massey stated all
44 signage will follow the Denton Development Code, but for the time being the applicant plans on
45 placing a 40 foot pole sign on the frontage road of Interstate 35 (I-35) and a monument sign on
46 Fort Worth Drive.
5
1
2 Chair Rozell closed the Public Hearing.
3
4 There was not further discussion.
5
6 Commissioner Tim Smith motioned, Commissioner Margie Ellis seconded to approve Public
7 Hearing item 5B with the following condition: 1. the provided site plan, landscape plan, and
8 building elevations are preliminary in nature. A full site plan submittal shall be required to ensure
9 the development complies with the requirements of the Denton Development Code in terms of site
10 design, landscaping, parking, and building design as provided in DDC 35.6.3. Motion approved
11(7-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason
12 Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "recused", Commissioner
13 Margie Ellis "aye", and Commissioner Tim Smith "aye".
14
15 C.Hold a public hearing and consider making a recommendation to City Council regarding
16 a request by Glory of Zion for a Specific Use Permit to allow for a multi-family residential
17 use as part of a mixed-use development on approximately 31 acres. The property is
18 generally located on the north side of Windsor Drive, east of the I-35 N frontage road in
19 the City of Denton, Denton County, Texas. (S18-0008, Windsor Drive Apartments, Hayley
20 Zagurski). STAFF HAS POSTPONED THIS ITEM TO THE OCTOBER 10, 2018
21 PLANNING AND ZONING COMMISSION MEETING.
22
23
24 6.PLANNING & ZONING COMMISSION PROJECT MATRIX
25 A.Planning and Zoning Commission Project Matrix.
26
27 Commissioner Sanchez questioned what the long term plan is for new roads. Richard Cannone,
28 Deputy Director of Development Services, stated City Council has approved the request to start a
29 traffic ways plan.
30
31 Chair Rozell closed the Regular Meeting at 7:10 p.m.
32
6
S:\\Legal\\Our Documents\\Ordinances\\18\\S18-0006 Ordinance.docx
ORDINANCE NO. ______________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT TO ALLOW FOR A DRIVE-THROUGH USE ON AN APPROXIMATELY 1.69-
ACRE SITE, GENERALLY LOCATED EAST OF FORT WORTH DRIVE AND NORTH OF
THE INTERSTATE 35E FRONTAGE ROAD, IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE. (S18-0006, McDonalds)
WHEREAS, Red Plains Professional Inc., on behalf of property owner Westdale
Properties America I, Ltd., has applied for a Specific Use Permit (SUP) to allow for a drive-
through use on approximately 1.69 acres, within the Downtown Commercial General (DC-G)
zoning district and use classification, as described and shown in Exhibit A the
Property); and
WHEREAS, on September 26, 2018, the Planning and Zoning Commission, in
compliance with the laws of the State of Texas, having given the requisite notices by publication
and otherwise, and having afforded full and fair hearings and to all property owners interested in
this regard, has recommended approval \[7-0\] of the requested SUP, subject to conditions; and
WHEREAS, on October 16, 2018, the City Council likewise conducted a public hearing
as required by law to consider the Specific Use Permit request. Upon consideration, the City
Council hereby finds that the request is consistent with the Denton Plan and federal, state, and
local law, and that the Applicant has agreed to comply with all provisions of the Denton
Development Code (DDC), as they exist, may be amended, or in the future arising, including
but not limited to, this Ordinance, and has further agreed to comply with the additional
restrictions and conditions set forth herein; and
WHEREAS, the City Council has determined that it will be beneficial to Denton and its
citizens to grant the SUP; that such grant will not be detrimental to the public welfare, safety, or
health; and that the SUP should be granted; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The SUP to allow the drive-through use on the Property, attached and
incorporated herein as Exhibit B, is hereby approved, subject to the following conditions:
1. The City Council recognizes that driveway access locations from state highways must
be approved by the Texas Department of Transportation (TxDOT), and that
alterations in the configuration of I-35E are currently in progress. Any driveway
access locations from the northbound I-35E frontage road or Fort Worth Drive which
must be altered in response to changing TxDOT requirements may be
administratively approved by City staff, provided that such alterations comply with
all DDC and criteria manual requirements, and that all remaining elements of the
approved site plan are satisfied.
2. Landscaping in the attached site plan is designed in an arrangement that complies
with the DDC. Minor alterations to the depicted locations of individual plantings
may be approved by City staff, provided that the final landscaping, as planted,
complies with all elements of the DDC.
3. Notwithstanding the limited administrative approvals authorized in conditions 1 and
2, the City reserves the right to require approval by ordinance of any amendments to
the SUP and the attached site plan, including those referenced in conditions 1 and 2.
SECTION 3. The attached site plan, landscape plan, and building elevations provided in
Exhibit B specify the following requirements, and are incorporated as requirements of the
SUP:
1. The building footprint is specified at 5,095 square feet.
2. Two (2) drive-through lanes located on the eastern side of the building are specified,
with two order points, as well as a separate cash window and pick-up window on the
north side of the building.
3. No fewer than fifty (50) parking spaces are required.
4. The site plan specifies a total of 81% lot coverage and 16% landscape area, which
includes a 15-northeastern property
line, together with right-of-way screening area along Fort Worth Drive and the I-35
Service Road that includes 1 tree for every 40 linear feet, a continuous row of shrubs,
and an earthen berm.
5. The site plan specifies one, one-story building, constructed with facades of brick,
architectural metal, and an exterior insulation finish system.
SECTION 4. Failure to Comply. Except as otherwise stated above, all terms of the SUP
shall be complied with prior to issuance of a Certificate of Occupancy. Failure to comply with
any term or condition of the Ordinance will result in the SUP being declared null and void, and
of no force and effect. The SUP is issued to the entity named above runs with the land, and is
assignable and transferable to subsequent owners of the Property.
SECTION 5. SUP Regulations. Upon notice to the property owner and a hearing before
the City Council, a SUP may be revoked or modified if: 1. There is one or more of the conditions
imposed by this Ordinance that has not been met or has been violated on the Property; or 2. The
SUP was obtained or extended by fraud or deception; or 3. As otherwise permitted by law and/or
Denton's Zoning Ordinance.
SECTION 6. Unlawful use. It shall be unlawful for any person, firm, entity, or
corporation to make use of the above-referenced Property in some manner other than as
authorized by the Dentons Codes of Ordinances and this Ordinance.
SECTION 7. Severability. If any provision of this ordinance or the application thereof to
any person or circumstance is held invalid by any court, such invalidity shall affect the validity
of the provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 8. Penalty. Any person, firm, entity or corporation violating any provision of
this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00 for each violation.
Each day that a provision of this ordinance is violated shall constitute a separate and distinct
offense. The penal provisions imposed under this Ordinance shall not preclude Denton from
filing suit to enjoin the violation and it retains all legal rights and remedies available to it under
local, state and federal law.
SECTION 9. In compliance with Section 2.09(c) of the Denton Charter, this ordinance
shall become effective fourteen (14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be published twice in the Denton
Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10)
days of the date of its passage.
The motion to approve this ordinance was made by __________________________ and
seconded by _________________________________; the ordinance was passed and approved by
the following vote \[___ - ___\]:
Aye Nay Abstain Absent
Chris Watts, Mayor: ______ ______ ______ ______
Gerard Hudspeth, District 1: ______ ______ ______ ______
Keely G. Briggs, District 2: ______ ______ ______ ______
Don Duff, District 3: ______ ______ ______ ______
John Ryan, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _________ day of ___________________, 2018.
_______________________________________
CHRIS WATTS, MAYOR
Exhibit A
Legal Description and Location Map
RECORD DESCRIPTION: (Document Number 2018-2723, Official Records of Denton County,
Texas)
TRACT I:
A tract of land situated in the Alexander Hill Survey, Abstract Number 623 and being part of
Lots 1 and 2 of SUNRISE CENTER ADDITION, an Addition to the City of Denton, Denton
County, Texas, according to the Plat thereof recorded in Cabinet B, Page l08, Plat Records,
Denton County, Texas ALSO being all of Lot 5R, Block 1 of EAGLE POINT SHOPPING
CENTER ADDITION, an Addition to the City of Denton, Denton County, Texas, according to
the Plat thereof recorded under Doc Number 2011-118, Plat Records, Denton County, Texas said
Lots as described in Deeds to Azalea Commercial Properties, Ltd. filed November 21, 2016
recorded under CC# 2016-146973; recorded in Volume 5113, page 1754; and recorded under
CC# 2014-48347; Real Property Records, Denton County, Texas.
The exterior boundary of said tract of land is further described as follows:
Beginning at a capped ½" iron rod found stamped BRITIAN CRAWFORD being the Southwest
corner of Lot 1, Block A, Compass Bank Addition, recorded in Cabinet X, Page 620, Plat
Records, Denton County, Texas, and being in the East right of way of US Highway 377 (Fort
Worth Drive) and being the POINT OF BEGINNING;
Thence N 89°38'44" E along the South line of Lot 1 and Lot 2 Block A, Compass Bank
Addition 284.92 feet to the West line of Lot 5R, Eagle Point Shopping Addition,
recorded as Document Number 2011-118, Plat Records, Denton County, Texas and
marked by a PK Nail found;
Thence N 00°24'5 l" W along said West line 14.94 feet to the Northwest corner thereof and
marked by a PK Nail found;
Thence N 89°35'08" E along the North line of Lot 5R and extended 144.36 feet to the West line
of an Access Easement described on Lot 1RA, Block 1, Eagle Point Shopping Center
Addition, and marked by a ½" iron rod found;
Thence Southeasterly along said West line 50.33 feet along the arc of a curve, Center of which
lies to the East, Radius of 70.00 feet, Central Angle of 41 °11 '30", Chord of which bears
S 32°58'52" E 49.25 feet, and marked by a ½" iron rod found;
Thence S 53°29'04" E along said West line 30.71 fefound;
Thence Southeasterly along said West line 41.82 feet along the arc of a curve, Center of which
lies to the West, Radius of 40.00 feet, Central Angle of 59°54'34", Chord of which
Bears S 23°40'47" E 39.95 feet, and marked by a
Thence S 05°48'57" W along said West line 45.41 feet to a capped ½" iron rod set stamped
EAGLE SURVEYING;
Thence S 09°50'32" W along said West line 7.50 feet to the South line of Eagle Point Shopping
Center Addition to a SURVEYING;
Thence N 83°20'1 l" W along said South line 15.01 feet and marked by a ½" iron rod found;
Thence S 06°27'55'' W 57.31 feet to the North Right of Way of Interstate Highway 35 and
Marked by a X Cut found;
Thence N 84 °29'21" W along said right of way 184.17 feet and marked by a X Cut found;
Thence N 72°55'06" W along said Right of Way 305.21 feet to a capped ½" iron rod set stamped
EAGLE SURVEYING for a Corner Clip;
Thence N 24°44'16" W along said Corner Clip 35.74 feet to the East Right of Way of US
Highway 377 (Fort Worth Drive) and marked by a Capped ½" iron rod found stamped
BRITIAN CRAWFORD;
Thence N 23°54'43" E along said Right of Way 50.75 feet to the POINT OF BEGINNING and
containing 1.69 acres more or less.
Exhibit B
Preliminary Site Plan, Landscape Plan, and Elevations
SITE DIMENSION PLAN
www.red-plains.com
ANAGEMENT M ONSTRUCTION C LANNING P GIS NGINEERING E IVIL C
DENTON, TX
P R O F E S S I O N A L, I N C.
I-35 & US HWY 377 (FT. WORTH DR.)
MCDONALDS SITE # 042-3176
FOR CITY OF DENTON USE ONLY
FOR CITY OF DENTON USE ONLY
ARCH D (36.00 X 24.00 INCHES), Ryan Noble, By: 8/21/2018 12:42 PM, Plotted p:\\engineer\\projects\\21306 - mcdonalds - denton, hwy 377 & i-35\\cad\\sheets\\general\\21306-site plan.dwgFILENAME:
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DETAILED PLANTING PLAN
LANDSCAPE
2 7 1 2 R a n d o l p h R o a d E d m o n d , O K 7 3 0 1 3
DENTON, TX
gninnalP epacsdnaL
Mark H. Myers
I35E & FT. WORTH DRIVE
RONALD MACDONALDS SITE
TREE PRESERVATION DETAILS
LANDSCAPE
DENTON, TX
2 7 1 2 R a n d o l p h R o a d E d m o n d , O K 7 3 0 1 3
gninnalP epacsdnaL
I35E & FT. WORTH DRIVE
Mark H. Myers
RONALD MACDONALDS SITE
PLANTING DETAILS
LANDSCAPE
DENTON, TX
2 7 1 2 R a n d o l p h R o a d E d m o n d , O K 7 3 0 1 3
gninnalP epacsdnaL
I35E & FT. WORTH DRIVE
Mark H. Myers
RONALD MACDONALDS SITE
McDonald's USA, LLC
WelcomeWelcome
Welcome
McDonald's USA, LLC
Planning Staff Analysis
S18-0006/McDonalds
City Council District 1
October 16, 2018
REQUEST:
Hold a public hearing and consider adoption of an ordinance for a Specific Use Permit to allow
for a drive-through use on approximately 1.69 acres of land. The property is generally located
east of Fort Worth Drive and north of the Interstate 35E frontage road in the City of Denton,
Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for
violations thereof; providing a severability clause and an effective date. (S18-
Hayley Zagurski).
OWNER:
Westdale Properties America I, Ltd.
APPLICANT:
Red Plains Professional, Inc.
BACKGROUND:
The request is for a Specific Use Permit (SUP) to permit a drive-through use on approximately
1.69 acres of property generally located on the east side of Fort Worth Drive north of the I-35
East frontage road. The property is zoned Downtown Commercial General (DC-G) District. The
subject property is comprised of portions of multiple lots that will be replatted into a single lot
pending the approval of this SUP.
The proposed dive-
The restaurant use is permitted by right within the DC-G District, but drive-through facilities
require a SUP. A Conceptual Site Plan, Landscape Plan, and building elevations are provided in
Exhibits 6, 7, and 8, respectively.
A portion of the subject property was recently taken as right-of-way for the future expansion of
I-35 East by TXDOT. Prior to this, a Taco Bueno restaurant with a drive-through was developed
on the western portion of the property. The structure was removed as part of the TXDOT right-
of-way acquisition. The Taco Bueno was developed on the property prior to the City-wide
rezoning in 2002, at which time the property was rezoned from Commercial District to DC-G
District. Drive-through uses were permitted without a SUP in the Commercial District under the
1991 development code.
For a new drive-through use to be established on the subject property, which includes portions of
multiple lots that are all now zoned DC-G District, a SUP is required.
SITE DATA:
The subject property includes 1.69 acres of land that are currently vacant. The subject property is
comprised or portions of multiple lots that were all split when right-of-way was taken by
TXDOT to widen the interstate.
The property has approximately 70 feet of frontage on Fort Worth Drive and approximately 520
feet of frontage on the I-35 East frontage road.
Mobility Plan as Primary Arterial roads. Additionally, both streets are maintained by TXDOT.
SURROUNDING ZONING AND LAND USES:
Northwest: North: Northeast:
Zoning: DC-G District Zoning: DC-G District Zoning: DC-G District
Use: Commercial Uses: Commercial (bank and Use: Multi-family
Impress Graphics)
West: East:
Zoning: DC-G District Zoning: DC-G District
SUBJECT PROPERTY
Use: Commercial (restaurant Use: Multi-family
and gas station)
Southwest: South: Southeast:
Zoning: DC-G District Zoning: DC-G District Zoning: DC-G District
Use: TXDOT right of way Use: TXDOT right of way Use: TXDOT right of way and
and I-35 E and I-35 E I-35 E
CONSIDERATIONS:
Section 35.6.4 of the DDC outlines the criteria for approval of a SUP. These criteria are as
follows:
a. That the use would be in conformance with all standards within the zoning district
in which the use is proposed to be located, and in conformance with The Denton
Plan and federal, state, or local law.
The Conceptual Site Plan and Landscape Plan indicate that the development
would be in conformance with the requirements of the DDC in terms of
commercial site design, building materials, parking, and landscaping.
Per the Denton Plan 2030 Future Land Use map, the subject property is part of a
larger area designated for Community Mixed Use. Community Mixed Use areas
are intended for predominantly commercial areas where residential and service
uses are complimentary. This designation is applied to many commercial areas
and encourages infill and attractive redevelopment over time.
The proposed development is consistent within the intent of the Commercial
Mixed Use designation as the use is commercial, typical of highway corridors,
and would provide for redevelopment of a parcels previously vacated due to the
TXDOT widening of the I-35 E corridor.
b. A SUP shall only be granted if all of the following conditions have been met:
i. That the specific use will be compatible with and not injurious to the use
and enjoyment of other property nor significantly diminish or impair
property values within the immediate vicinity.
ii. That the establishment of the specific use will not impede the normal and
orderly development and improvement of surrounding vacant property.
iii. That adequate utilities, access roads, drainage and other necessary
supporting facilities have been or will be provided.
iv. The design, location and arrangement of all driveways and parking spaces
provides for the safe and convenient movement of vehicular and
pedestrian traffic without adversely affecting the general public or
adjacent developments.
v. That adequate nuisance prevention measures have been or will be taken to
prevent or control offensive odor, fumes, dust, noise and vibration.
vi. That directional lighting will be provided so as not to disturb or adversely
affect neighboring properties.
vii. That there is sufficient landscaping and screening to ensure harmony and
compatibility with adjacent property.
The existing land use pattern in this area of the city is a mixture of
commercial and multi-family residential. Auto-oriented uses such as fast
food restaurants with drive-through facilities are typical in locations such
as this where major arterial roadways intersect.
The proposed use is not likely to generate offensive odors, fumes, dust,
noise, or vibrations that would adversely affect neighboring properties.
Lighting for the site will be required to comply with the site lighting
requirements in DDC Section 35.13.12.
The Conceptual Site Plan indicates the provision of adequate on-site
parking as well as adequate stacking spaces for the drive-through. The
drive-through is located to the side and rear of the property and is
architecturally compatible with the main building.
The plans also indicate compliance with requirements for parking lot
landscaping, right-of-way screening, and buffers are met. The DDC
requires a Type C buffer comprised of at least 6 trees and 25 shrubs per
100 linear feet between the commercial use and the adjoining multi-family
use. The landscape plan indicates that these requirements would be
exceeded.
During the site plan process, the precise requirements for public
infrastructure improvements, including water and sewer, will be
determined. A Traffic Impact Analysis (TIA) has been submitted to and
reviewed by . Based on the TIA results, the
proposed access points are acceptable due to the low traffic on South
Locust Street the consolidation of existing driveways along the I-35E
frontage road.
c. That adequate capacity of infrastructure can and will be provided to and through
the subject property.
Access is already provided to the site by means of driveways along the I-35
frontage road. Water and sewer utilities have previously been provided to the site
and are available for use when the site redevelops.
d. That the Special Use is compatible with and will not have an adverse impact on
the surrounding area. When evaluating the effect of the proposed use on the
surrounding area, the following factors shall be considered in relation to the
target use of the zone:
i. Similarity in scale, bulk, and coverage.
ii. Generation of traffic and effects on surrounding streets. Increases in
pedestrian, bicycle, and mass transit use are considered beneficial
regardless of capacity of facilities.
iii. Architectural compatibility with the impact area.
iv. Air quality, including generation of dust, odors, and other environmental
pollutants.
v. Generation of noise, light, and glare.
vi. The development of adjacent property as envisioned in the Denton Plan.
vii. Other factors found to be relevant to satisfy the requirements of this
Chapter.
The proposed drive-through use is consistent with the mixture of commercial uses
along Fort Worth Drive and the I-35 E frontage road in this area. As was
previously indicated, the development is also compatible with the Future Land
Use designation of Regional Mixed Use.
The proposed scale of development in terms of lot coverage, floor-area-ratio
(FAR), and building height are consistent with the requirements for the DC-G
District. The Conceptual Site Plan indicates a lot coverage of 81% (maximum of
85% is permitted). The development is proposed with a FAR of 0.1 and a single-
story building height of 18.8 feet. The DC-G District permits a FAR of up to 3.0
and building heights of up to 100 feet.
STAFF RECOMMENDATION:
Staff recommends approval of this request with the following conditions:
1. The City Council recognizes that driveway access locations from state highways must
be approved by the Texas Department of Transportation , and that
alterations in the configuration of I-35E are currently in progress. Any driveway
access locations from the northbound I-35E frontage road or Fort Worth Drive which
must be altered in response to changing TxDOT requirements may be
administratively approved by City staff, provided that such alterations comply with
all DDC and criteria manual requirements, and that all remaining elements of the
approved site plan are satisfied.
2. Landscaping in the attached site plan is designed in an arrangement that complies
with the DDC. Minor alterations to the depicted locations of individual plantings
may be approved by City staff, provided that the final landscaping, as planted,
complies with all elements of the DDC.
3. Notwithstanding the limited administrative approvals authorized in conditions 1 and
2, the City reserves the right to require approval by ordinance of any amendments to
the SUP and the attached site plan, including those referenced in conditions 1 and 2.
PUBLIC NOTIFICATION:
To comply with the public hearing notice requirements, 9 notices were sent to property owners
within 200 feet of the subject property, 18 courtesy notices were sent to physical addresses
within 500 feet of the subject property, a notice was published in the Denton Record Chronicle,
and signs were placed on the property.
The applicant has not held a neighborhood meeting as of the issuance of this report, and no
responses have been received to the mailed notices.
S18-0006
Site Location
377
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0125250500
Feet
SITE
µ
Parcels
Roads
Date: 7/31/2018
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
S18-0006
Zoning Map
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Date: 7/31/2018
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
S18-0006
Future Land Use Map
FANNIN
MARGIE
Neighborhood /
University
Compatibility Area
Community
Mixed Use
Commercial
377
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OAKWOOD
Low
Residential
Industrial
Commerce
Parks /
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Space
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02555101,020
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SITEBusiness Innovation
Future Land Use
µ
Commercial
Low Residential
Parcels
Industrial Commerce
Downtown Compatibility Area
Roads
Government / Institutional
Community Mixed Use
Parks / Open Space
Neighborhood / University Compatibility Area
Date: 7/31/2018
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
SITE DIMENSION PLAN
www.red-plains.com
ANAGEMENT M ONSTRUCTION C LANNING P GIS NGINEERING E IVIL C
DENTON, TX
P R O F E S S I O N A L, I N C.
I-35 & US HWY 377 (FT. WORTH DR.)
MCDONALDS SITE # 042-3176
FOR CITY OF DENTON USE ONLY
FOR CITY OF DENTON USE ONLY
ARCH D (36.00 X 24.00 INCHES), Ryan Noble, By: 8/21/2018 12:42 PM, Plotted p:\\engineer\\projects\\21306 - mcdonalds - denton, hwy 377 & i-35\\cad\\sheets\\general\\21306-site plan.dwgFILENAME:
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DETAILED PLANTING PLAN
LANDSCAPE
2 7 1 2 R a n d o l p h R o a d E d m o n d , O K 7 3 0 1 3
DENTON, TX
gninnalP epacsdnaL
Mark H. Myers
I35E & FT. WORTH DRIVE
RONALD MACDONALDS SITE
TREE PRESERVATION DETAILS
LANDSCAPE
DENTON, TX
2 7 1 2 R a n d o l p h R o a d E d m o n d , O K 7 3 0 1 3
gninnalP epacsdnaL
I35E & FT. WORTH DRIVE
Mark H. Myers
RONALD MACDONALDS SITE
PLANTING DETAILS
LANDSCAPE
DENTON, TX
2 7 1 2 R a n d o l p h R o a d E d m o n d , O K 7 3 0 1 3
gninnalP epacsdnaL
I35E & FT. WORTH DRIVE
Mark H. Myers
RONALD MACDONALDS SITE
McDonald's USA, LLC
WelcomeWelcome
Welcome
McDonald's USA, LLC
S18-0006
Notification Map
377
£
¤
500ft Buffer
200ft Buffer
0125250500
Feet
SITE
µ
Parcels
Roads
Date: 7/31/2018
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.