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2019-02-05 Agenda with Backup
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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-027,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the development of the Cole Ranch and Hunter Ranch master planned communities in southwest Denton. City of DentonPage 1 of 1Printed on 2/1/2019 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: February 5, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the development of the Cole Ranch and Hunter Ranch master planned communities in southwest Denton. BACKGROUND In October 2018, representatives from Cole Ranch and Hunter Ranch contacted City staff to discuss a coordinated 6,000-acre master-planned development. Both Cole and Hunter Ranches are located within the city limits and are designated as Master Planned Community Districts under the Denton Development Code. A project of this size and scale requires significant public infrastructure such as water, wastewater, drainage, and road facilities, which would be paid for up front by the developers. The developers have asked the City of Denton to consider the establishment of a municipal management district (MMD) to enable them to recapture a portion of the cost of construction of the public infrastructure. On January 15, staff and the developers presented a work session on the project to Council. A number of questions arose during that work session, and the work session today will address those questions. Topics to be covered include the documents required to create an MMD; the projects conformation to the Denton Plan 2030; use of tax incentives by and within the MMD; infrastructure costs for the project; what parts of the development are served by Denton Municipal Electric; park land; land for public safety facilities; tree preservation; affordable housing; gas well sites and setbacks; and other issues of importance to the Council. If Council is interested in moving forward with the project, the developers have requested a resolution in support of the MMD for the Texas Legislature. The resolution of support is requested in February, but if passed, Council could still decide not to create the MMD or to restrict powers through the operating agreement and developer agreement. If the project moves forward, the developers will fund an escrow agreement to conduct an independent fiscal impact analysis of the project and provide a lega This analysis will x rate for the MMD. FISCAL INFORMATION Staff from multiple City departments are preparing estimates of both capital and operating costs to serve Hunter Ranch and Cole Ranch. If Council directs staff to move forward, this information will be provided -depth fiscal analysis. 1 PRIOR ACTION January 15, 2018 Work session on Cole Ranch and Hunter Ranch presented to City Council EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 MMD Documents Overview Exhibit 3 Responses to Council Questions Exhibit 4 Developer Presentation Exhibit 5 Staff Presentation Respectfully submitted: Bryan Langley Deputy City Manager Prepared by: Caroline Booth Director of Economic Development 2 Responses to Council Questions on Cole Ranch/Hunter Ranch 1. Development Services staff confirms that the future land use map reflects the development of master planned communities in this area. Further, staff confirms that the preferred project phasing is at the north of Cole Ranch near the future Loop 288 and I-35 moving south and west, and at the south of Hunter Ranch near I-35 and Robson Ranch and moving north and west. 2. Can tax incentives (tax abatements or Chapter 380 tax rebates) be offered by either the City of Denton or the Board of Directors of the Municipal Management District within the MMD? in the MMD operating agreement. The Council can make a policy decision on whether to use City economic development tools within the MMD. 3. What is an estimate of the cost to get road, water and wastewater infrastructure to the development? Estimated off-site infrastructure costs: $65 million Estimated Regional infrastructure costs: $240 million Estimated on-site public infrastructure costs: $300 million Total: $605 million* *These figures were provided by the developers and have not been verified by City staff. 4. What is the park fund commitment that would be required from this development under typical circumstances? Park Dedication & Development Assessment: Cole/Hunter Ranch Unit count based on AIS from Jan 15, 2019 Council meeting 5. Link to developer video shown during Jan. 15 presentation: https://hillwood.box.com/s/mgrgxbx2hixll4cwivq4j4bfxegmlvl7 6. What areas of the development are served by Denton Municipal Electric? Roughly two-thirds of the development can be served by DME (see map below). The developer agreement can specify that DME will be the electric provider in all the areas where it certified to serve. 7. What is the cost to provide water and wastewater services to Robson Ranch? This response is provided to address a request for the costs of water and wastewater services for Robson Ranch. It is important to note that treatment infrastructure for Water and Wastewater is not included as a part of cost estimates. For water, treatment costs are covered by the combination of water rates and impact fees. Currently, Robson Ranch wastewater services are provided by a small treatment plant that was designed and constructed by Robson Ranch and is operated and maintained by the City of Denton. Wastewater rates cover the costs of the operation and maintenance of this plant. Cost estimates for the wastewater treatment needs of Robson Ranch are relatively straightforward, as the current system is isolated to just Robson Ranch, which allows calculations of the total needs at full build out. Estimates for Water are more difficult, as most projects for water service in the Southwest service area are not isolated to only Robson Ranch. Wastewater All of the wastewater assets that include sewer lines, pump stations and the wastewater treatment plant that service Robson Ranch were paid for by Robson Ranch. engineer designs the projects, the designs are reviewed by the city staff, and then the construction is inspected by the nspections department just like any subdivision within the City. For estimation purposes, the if the current 0.375 million gallon per day plant was expanded to the modeled need of Robson at full build out, the plant would need to be able to process approximately 1.6 million gallons per day. A plant this size would likely cost somewhere in the 12-14 million dollar range to construct. Of note, Denton staff members have been discussing options for full build out wastewater treatments services for Robson Ranch, and will be bringing and item to Council in the future to discuss these options Water Water supply for the Robson development was initially provided by groundwater via a well system. As the area began to grow, the City of Denton Water utilities completed a number of infrastructure projects to provide water service in what is generally referred to as the Southwest Service Area, which includes Robson Ranch. There are several additional projects that are active or will be implemented in the near future to provide water to portions of this service area. Robson Ranch eventually began receiving water service from the City of Denton from the Southwest Ground Storage and Booster pump station. As with Wastewater, the internal water distribution system is designed and constructed by Robson Ranch just like any subdivision in the City. With regards to projects currently implemented or that will be implemented to provide water to this area of the City, it is very subjective on what projects (or portions of projects) specifically relate to Robson development vs other growth in the system. As a result, some broad assumptions must be made. If we assume the in that areas are just for Robson and will by themselves cover the buildout of Robson (these are very big assumptions) for the approximate 6,500 connections at full buildout, we can derive the following projects and costs North-South 42 inch Waterline Phase 2 - $ 10,870,300 Roselawn 3 MG Elevated Storage Tank - $ 6,299,440 Roselawn 24 inch Waterline Project - $ 1,797,363 Vintage Oversize Waterline on South Bonnie Brae - $ 254,269 Allred/John Payne 24 inch and 30 inch Waterlines - $ 5,930,000 Southwest Ground Storage and Booster Pump Station - $ 5,912,002 Robson Oversize Water Lines - $ 284,477 Southwest 3 MG Elevated Storage Tank - $ 5,410,280 Under the identified assumptions, an approximate cost estimate for water service is approximately in the $25 million range. 8. Could the 300-500 acre West Lake Park conceivably incorporate Pilot Knob leaving that area in a substantially the development include a D.O.R.B.A. sanctioned single track dirt trail at least 10 miles long with at least 500 feet elevation changes that D.O.R.B.A. would agree makes it the premier trail in North Texas (and hence a tourism draw)? These elements could be negotiated the developer if the Council identifies these aspects of the project to be important. Staff has specifically discussed the Pilot Knob area with Hillwood, and they indicated that it was planned to be left in its natural state. As such, they could incorporate this into a park concept. Staff reached out to Hillwood regarding the DORBA concept, and while think it is an interesting idea, they are not prepared to commit to this type use right now, and it will need more study before they can make a specific commitment. 9. A foundational issue for me is understanding whether the proposed financing scheme itself not the development ceive to justify doing it. All else equalsame property, same amenities, same developer, same, same, samea stream of tax payments has a cost and would reduce present value. If the homeswith the SAME amenities, etc.have lower values than they would without the stream of required extra tax payments, that reduces taxable value to the City of Denton. of attaching a stream of required paymentsall else equal. make some big simplifying assumptions just to illustrate the potential impact. If we assume all annual MMD taxes. To recover $485 million in infrastructure expense, not including whatever else might get owners. If we discount that at a cost of capital of 4.5 percent (roughly 30-year rates now), assuming themselves for the nominal outlay amounts and will also be looking to recover their cost of capital too. But er figure for now. If the value of the buildout is reduced by $424.7 million in value initially because of the attached future MMD tax requirement, then City of Denton annual ad valorem tax revenue would be reduced by that amount times, say, our roughly $ All else equal, the values should rise each year as the MMD tax requirement is satisfied, so the negative impact on taxable value would diminish over the seven years to nothing. But the total loss to the city over the time of the MMD tax would be something like $10 million. just talking about financing effects here, assuming the same amenities. talking about the financing effects here, assuming the same management. Some s financing scheme versus not having it. As far as I can tell, for the developer to get the very, very valuable low interest financing the MMD enables, the City of Denton is in effect kicking in a roughly $10 million subsidy. Staff response: This is a bit difficult to answer with any certainty. With that said, we agree that a house with a special assessment or tax should sell for less than another home, all else equal. Developments like Lantana, Harvest, or Canyon Falls all have amenity packages, schools, trails, etc. that make them unique, and as a result, even with the additional tax burden, their average home prices are near or higher than other developments that surround them. We also inquired with our financial advisors at Hilltop Securities, and they are not aware of any instances of homes in special taxing districts being valued or priced lower due to the additional tax. As a result, they are not of the opinion that the City would receive less tax revenue from a development with a special taxing district in place. However, we can certainly explore this further as part of the fiscal impact analysis. Exhibit 1 is a document provided to staff by the developer which provides their estimates of the financial impact of the project. 10. We hear that this area will not be developed without an MMD or something like it. Is that really true? On exactly who would be paying for the infrastructure under the MMD, just spread over time. And if it were rolled into the purchase price, they would also be paying for it and, if mortgaged, it would likely be spread over an even longer period of time. of the Perot family operation. My understanding is that this is one of the most if not the most successful family in Texas. I can hardly imagine a family more capable of having access to credit without a subsidy from the City of Denton. Surely I see why they might have found it worth waiting to develop if they have the prospect of lower cost financing, Third, $485 million is less than 3.5 percent of the purported $14 billion final value, and we hear buyers are willing to pay a big premium to be in these developments. et for them, not to serve the City of Denton. with these amenitieswhether we bear the roughly $10 million differential in tax revenue or not. Staff response two properties will eventually take place without a financing district, but the timeframe and type of development (quality, amenities, etc.) as well as the level of coordination between the developers and the City is unknown. City participation through a financing district allows the opportunity to secure commitments from the developers regarding gas well reverse setbacks, affordable housing, funding of city facilities required to serve the development, home quality, natural preservation, sustainability, etc., which is leverage the City would not have in the absence of a financing district. The proposed fiscal impact analysis will provide the detailed data that will enable Council to make the most informed decision possible. 11. So why might we do it? If we could get extra qualities and value beyond what any other developer would One item that would be on my list would be a West Lake Park of 300-500 acresin addition to the laudable becomes bigger by that much. It should have a rec center, maybe a dog park, and maybe some amenities for we should work out whether tax revenue from the additional residents will cover its operation along with all the other services the city must provide them. Now the developer shows a proposed city park adjacent to the development on the southeast edge. Is that real? Proposed by whom? Do we already own that land? If not, would the developer be gifting it to the city and developing it? Staff response: plan is a park pr that is not an official name at this time. The City already owns the majority of the Southwest Park land (200+/- y development plan. As part of staff research into what City resources will be needed to serve Cole Ranch/Hunter Ranch, operations departments have submitted estimated capital/facilities and operations estimates to be used if a fiscal impact analysis goes forward. In addition to would be a 150+/- acre City park. The exact location for this park is to be determined, and as such, the City does not own the with the developers. 12. Additional reasons why we might opt for a $10 million differential in revenue might be to help achieve sustainability and health and safety goals for Denton. Would the developer be able to commit to 100 percent tree preservation above 6 inches at dbh throughout the site and plantings to get up to 20 or 30 percent canopy? There are 19 gas well sites on the property. Would the developer be able to commit to 1000-foot setbacks and scientifically valid, peer- decision, agreeing to be bound by the results? Would the developer agree to build to LEED standards and /or provide enough renewable energy generation Would the developer preserve Pilot Knob as a natural area along with the views up to it? We would need to put a value on all these, but a set of assured benefits to the city like this could make a case for seeking the enabling legislation. Staff response: City participation through a financing district allows the opportunity to negotiate and secure commitments from the developers regarding the items mentioned above. If the Council is interested in pursuing these, they can be negotiated with the developer as part of an operating agreement. 13. On the other hand, if it really is true that the land will not develop without an MMD or something like it, we need at least a rough pro forma of whether the value of all that population growth exceeds the cost of component, because while Not saying asked to enable special financing schemes as we are in this case. We need to understand the financial impact of a financial decision. Staff response: The proposed fiscal impact analysis will provide the detailed data that will enable Council to make the most informed decision possible. 14. If this special taxing district is approved for a piece of property within the city limits/extraterritorial jurisdiction of Denton, will this set a precedent for other developments to ask for the same thing? Staff response: Yes, this has the potential of setting a precedent for other large developments in the City. With this said, the particular development issues associated with Cole/Hunter Ranch are unique, and as such, it will likely be difficult for any other development to approach the size of this project and the associated infrastructure needs. 15. How long will it take the residents of these communities to pay these debts off that the developers take on? Never? Are these special taxing districts open ended that can last into perpetuity? Staff response: The project will likely be developed in phases consisting of approximately 500-700 acres each. With each phase, bonds will be sold to pay for the infrastructure, and these bonds will be retired over a 25 to 30 year time horizon. Once the debt is retired, the district could then be dissolved. 16. What if the developers walk away from this project before it is completed? Who is left holding the bag? Staff response: The developer will be paying for the infrastructure costs up front, and the bonds will be issued to reimburse them. Therefore, if they walk away from the project, the development of the property would stop, but the City would not be responsible for any of the costs. 17. Do these developers have a history of trying to sell projects quickly to turn a big profit and leave homeowners holding the bag? Staff response: The Hillwood and Stratford Land firms have successfully developed projects across the country, and we are not aware of any negative issues with their performance. 18. Once the roads, water and sewer lines are built and completed, will the developers turn over maintenance to the City of Denton? Staff response: Yes. The taxes paid to the City and fees for utility services will pay for these costs. 19. Will the infrastructure be built to the City of Denton specifications? Staff response: Yes. 20. Has there been an environmental impact study done on this property to guide the development of such a large piece of land? I would look closely at this issue and see what type of ecosystem we have there. Maybe some specialists should take a look at this area. Staff response: The Environmentally Sensitive Areas have been identified and studied, but I am not aware of an environmental study being completed for the entire property. Exhibit 1: Developer estimates of the financial impact of the project 2062 2061 2060 2059 2058 2057 2056 2055 2054 2053 2052 2051 2050 2049 2048 2047 2046 2045 2044 2043 2042 2041 2040 2039 2038 2037 2036 2035 2034 2033 2032 2031 2030 2029 2028 2027 2026 2025 2024 2023 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-128,Version:1 Receive a report, hold a discussion, and give staff direction regarding a request for a resolution of support from a developer applying for 9% housing tax credit with the Texas Department of Housing and Community Affairs. City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Public Affairs and IGR - Community Development CM/ DCM/ ACM: Bryan Langley, Deputy City Manager/COO DATE: February 5, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction regarding a request for a resolution of support from a developer applying for 9% housing tax credit with the Texas Department of Housing and Community Affairs. BACKGROUND The Texas Department of Housing and Community Affairs (TDHCA) offers a Housing Tax Credit program as one of the primary means of directing private capital toward the development and preservation of affordable rental housing for low-income households. Typical projects include apartment complexes, rental townhomes, mixed-income and mixed-use properties, supportive housing for those with special needs, and independent living facilities for seniors. There are two types of Housing Tax Credit (HTC) programs available: a 4% (non-competitive) and a 9% (competitive) program. Both programs have unique features and rules; however, in general, current policy from the TDHCA includes a scoring item that developers receive resolutions of support or no objection from the municipality in which the project is located.Applications for 9% housing tax credits are very competitive at the state level. As of January 23, 2019 through the state’s pre-application process, 60 projects applications had been submitted for this region with over $84.9M in credits requested and only $15.9M available to allocate. The ability to secure the credits and funding in Region 3 is limited. To meet the City of Denton housing and development objectives, it is the City’s policy to analyze projects requesting support for proposed Housing Tax Credits (HTC). Such analysis will determine if the project(s) comply with the principles and policies found in the City’s Denton 2030 Plan, the 5-Year Consolidated Plan for Housing and Community Development, as well as various other master, strategic, and redevelopment or neighborhood plans, adopted by the City of Denton. The goal of this analysis is to (a) establish if HTC projects merit local support, and (b) prioritize HTC submissions if more than a single proposal is received during an evaluation period. The Community Development Division serves as the City’s primary staff and point of contact for all HTC programs. Developers seeking consideration by the City of Denton for either a Resolution of Support or a Resolution of No Objection, for an HTC from TDHCA may review the HTC Policy and must submit a request for support using the City Council approved HTC Application. DISCUSSION One application seeking a Resolution of Support for a 9% application was submitted to Community Development. This project was previously submitted in 2018 City Council did provide a Resolution for Support for that HTC 9% application to TDHCA in 2018 but did not receive sufficient points to be awarded housing tax credits. This project has been modified some to include additional partners as well as slight modifications to the site plan and unit breakdown. Below is a summary of the project highlights to be th presented to Council on February 5. The developer will be in attendance for any questions. PROJECT - Riva Denton Project Type: General, New Construction Location: NWQ Hickory Creek and Teasley Lane City Council District: 4 Developers:Co-Developer and Co-Owners: Riva Switzerland & Casa Linda Development Corporation with Development Consultant: Palladium USA Current Zoning: CM-G Multi-family is permitted with the following limitations: L(4) - SUP or Mixed Use Development, and L(6) – commercial use of the ground along any avenue, collector, or arterial street. An SUP will be required for this development. Tenant populations, restrictions and access to supportive services: Riva Denton will a total of 120 units in this development (see chart below). They are proposing to have up to 30.8% market rate units (37 units) in this development. In addition, a vast majority of the remaining units (74 units) will serve the workforce that earns 50-60% of the area median income ($77,200). Approximately 7.5% of the units (9 units) will serve residents making 30% of the area median income. Riva Denton will commit to reaching out and working with local nonprofits such as Apartment Life and local churches to provide services for their residents. Taxable Status of the Development: Riva Denton will pay all property taxes. Proposed Unit Breakdown: Total number of unitsavailable at affordable rental rates based on different levels of area median income (AMI). Totalnumberofunits: #ofTotalUnits#ofMarketRate#ofAffordableUnits $EstimatedRent#SFofEachUnit 30%50%60%MR SRO* 3616316116$389$1000804 1BR 60113153111$462$1175960 2BR 241033810$529$14001154 3BR TotalUnits 120379344037 30.8%7.5%28.3%33.3%30.8% %ofTotal LengthofAffordabilityontheProject:35Years *SingleRoomOccupancy The Department of Housing and Urban Development (HUD) sets income limits that are used by housing assistance programs to determine eligibility. This chart reflects the number of affordable units based on that area median income (AMI) set by HUD and updated annually. The current AMI for a family of four in the Dallas, TX HUD Metro FMR Area is $77,200. For example, the annual income for a family of four at 30% of AMI is $23,150. An affordable unit rate would be no more than 30% of the total income divided by 12 months. Experience: Other HTC projects completed by CASA Linda Development Corporation and Palladium in Texas were listed in the Riva Application (page 5). The Palladium Denton, at the corner of Sherman Drive and Poinsettia, received approved of a zoning request by City Council in December of 2017, construction began early summer of 2018 and the project is on schedule for completion in September, 2019. OPTIONS 1.Approve a Resolution of Support 2.Approve a Resolution of No objection 3.Do Not Approve Resolution of Support or Resolution of No objection RECOMMENDATION Staff believes this complies with the principles and policies in the City’s Denton 2030 Plan and the 5Year Consolidated Plan for Housing and Community Development as well as the Housing Tax Credit Request For Support Policy. The project is still required to go through full development review process if their project is selected by TDCHA and they move forward with the development. ESTIMATED SCHEDULE OF PROJECT 2019 Workflow for 9% applications: Application Due to City - 1/15/19 Application Review Meeting with City Staff - Week of 1/21/19 Presentation to City Council - 2/5/19 City Council Consideration of Resolutions - 2/12/2019 EXHIBITS 1.Agenda Information Sheet 2.Riva City of Denton HTC Application 3.Presentation Respectfully submitted: Sarah Kuechler Director of Public Affairs Prepared by: Danielle Shaw Community Development Manager EXHBIT 2 VIA EMAIL January 14, 2019 Ms. Danielle Shaw Community Development Manager City of Denton 215 E. McKinney St. Suite 100 Denton, Texas 76201 RE: Request for a Resolution of Supportand Required Funding Assistance – Riva Denton TDHCA 19022 Dear Ms.Shaw, Riva Switzerland, the developer, requests the City of Denton City Council consideration and approval a Resolution of Support and a Letter of Funding Commitment for the submission ofRiva Denton, a proposed 2019 9% Housing Tax Credit Applications for affordable rental housing communities to the Texas Department of Housing and Community Affairs (TDHCA). Attached is the City’s 2019 application describing the proposed development, its location, neighborhood outreach efforts, common and unit amenities, and developer experience summary. You may recall our development consultant, Palladium USA received approval from the City for a 2018 TDHCA application at this same location. This development is proposed as the same community with a different ownership structure. Riva Denton will be a high quality constructed residential development to serve a wide range of incomes. Riva Denton will bring an amenity rich environment and is intended to become a live, work, and play mixed-income development. In addition to the City’s application, I have also provided a DRAFT Resolution of Support and Letter of Funding Commitment. As you may be aware, the $500.00 funding commitment is for the benefit of the development and may be in the form of a grant, loan, reduced fees or contribution of other value not less than $500.00. TDHCA’s application requires a Letter from the City confirming the funding commitment for the housing tax credit application. Thank you for your kind assistance and consideration. Sincerely, Jennifer Grabham Jennifer Grabham Authorized Representative Riva Switzerland, Inc Phone: 806-543-7179 Email: jenniferg@rivaswitzerland.com Attachments c/o John C. Shackelford, Shackelford, Bowen, McKinley & Norton, LLP 9201 N. Central Expressway, Fourth Floor Dallas, Texas 75231 Tel: (214) 780-1414 City of Denton EXHBIT 2 Housing Tax Credit (HTC) - Request for Support Application Please note: The City of Denton reserves the right to deny applications that do not coincide with the City’s Housing Tax Credit Request for Support and Policy, various strategic and master plans, or policy direction from the Denton City Council. Before a project will be evaluated, each applicant requesting support must submit a completed application with all attachments in accordance with the timeline prescribed herein. 1.PROJECT INFORMATION Riva Denton, Ltd. (To Be Formed) Legal Name of Developer/Entity Riva Denton Name of Proposed Development NWQ Hickory Creek and Teasley Lane Physical address of the project 48121021406 4 Denton ISD Census tract # Council District #School District GeneralSeniorSupportive Housing - Special Populations Project type: OwnerDeveloperOther (list below): Applicant Role: Palladium USA will be our Development Consultant 9% HTC4% HTC Housing Tax Credit application for: Applicant is requesting Council Resolution: of Support Stating No Objection New constructionRenovationAcquisition/Redevelopment Is the property: Total number of units: # of Total Units# of Market Rate # of Affordable Units $ Estimated Rent# SF of Each Unit 30%50%60%MR SRO* 1 BR36163 16116$389-$1000804 2 BR60113 153111$462-$1175960 3 BR24103 3810$529-$14001154 Total Units 120379344037 % of Total 30.8%7.5%28.3%33.3%30.8% Length of Affordability on the Project: 35years *Single Room Occupancy 2. APPLICANT INFORMATION Riva Denton, Ltd. Name c/o Shackelford, Bowen, McKinley and Norton-9201 N Central Expy, DallasTexas75231 STZIP City 806-543-7179 Telephone Sara Reidy Contact person 214-941-0089sreidy@cldctx.com Contact Email Contact Telephone TBDTBD Federal Tax ID# DUNS #: For Developers and Partners, check all that apply: For ProfitNonprofitPublic Housing Authority Page 1 of 4 Approved: Resolution 18-756 onMay 8, 2018 City of Denton EXHBIT 2 Housing Tax Credit (HTC) - Request for Support Application In the last ten years: Yes Have you developed other Housing Tax Credit projects? No If yes, please list project names and addresses: Please see attached Yes Have you developed other affordable housing projects? No If yes, please list project names and addresses: Same list as provided above 3.PROJECT NARRATIVE & ATTACHMENT CHECKLIST A project narrative and attachments must be attached to this application and briefly address, at a minimum, each of the following items: a.Preliminary Site Plan - Provide a preliminary site plan for the proposed project; b. Location map “all” multi-family developments highlighting affordable housing within two miles of the proposed site; c.Census tract map with site identified; d.Letter of zoning verification or status of rezoning request from the City - Include a letter from the City of Denton’s Development Services Department verifying that the current zoning of the site for the proposed project is compatible with the anticipated use, or include documentation verifying that a request to change current zoning has been submitted; Support and/or opposition from community - Describe the impact the project is anticipated to have on surrounding neighborhood and e. involvement and support from local stakeholders and neighborhood organizations; include a list of stakeholders and neighborhood associations contacted. Attach all letters of support or opposition to your project and/or documentation of each notification/response: i.Letter of support and/or opposition from the neighborhood association; ii.Letter of support and/or opposition from the school district(s) (if project will be tax exempt); iii.Letter of support and/or opposition from the County (if project will be tax exempt) f. TDHCA self score - Please attach TDHCA Self-Score Matrix - Sample provided in Attachment A. Describe tenant population(s), restrictions (e.g. income or age restrictions) and access to supportive services demonstrated through g. provision of or proximity to community resources – schools, libraries, public facilities, nonprofits, health care and food security, public transit etc. if any, to be provided to or made available to residents; h. Provide a list of basic amenities and unit amenities proposed for the project; Describe the project’s quality of design and construction; i. j.Demonstrate the project’s compatibility and alignment with the priorities stated in the City’s Comprehensive Plan, Future Land Use Map, Consolidated Plan, and any other applicable master, strategic, and redevelopment or neighborhood plans adopted by the City of 4.FINANCIAL NARRATIVE & ATTACHMENT CHECKLIST A financial narrative for the project must be attached to this application. Please address, at a minimum, each of the following items including supporting attachments: a.Project pro forma b.Annual Audit for each partner c. Describe the taxable status of the development. Indicate whether the development will be paying property taxes or if the development will be tax exempt; If project will be tax exempt, provide: d. A projected loss of property taxes (to each taxing entity and in total) over the 15-year period, and include assumptions and i. comparable properties utilized; A copy of the fiscal year budget of the tax-exempt partner; ii. iii. A detailed plan explaining how projected revenues are intended to be used by the tax-exempt partner; this should provide sufficient explanation to understand the strategic plan for the projected additional revenue and how it will provide an enhancement or benefit to the community. The plan should also address any community service contributions and investments planned by the tax-exempt partner and for-profit developer. Page 2 of 4 Approved: Resolution 18-756 onMay 8, 2018 EXHBIT 2 Jennifer Grabham 1/10/19 EXHBIT 2 Riva Denton Co-Developer and Co-Owner Riva Switzerland C/O Shackelford, Bowen, McKinley and Norton th 9201 N Central Expy, 4 Floor Dallas, TX 75231 Riva Switzerland is the USA operating subsidiary of its Switzerland parent company that has been active in residential developments in the Lugano, Switzerland area for over 30 years. Riva Switzerland has not developed any HTC properties in the United States to date. Co-Developer and Co-Owner Casa Linda Development Corporation 2010 Kessler Parkway Dallas, Texas 75208 Housing Tax Credit Communities The Belleview – 1400 Belleview, Dallas, TX 75215 La Esperanza Del Rio – 315 Butterfly Garden Drive, Rio Grande City 78582 La Esperanza De Alton – 320 S Stewart Blvd., Alton, TX 78573 The Heights – 2132 E Wisconsin, Edinburg, TX 78542 El Sereno – 213 Somerset Avenue, Cibolo, TX 78108 Development Consultant Palladium USA 13455 Noel Road, Suite 400 Dallas, TX 75240 Housing Tax Credit Project Communities Palladium Aubrey – 500 Highmeadow Rd., Aubrey, TX 76227 Palladium Midland – 2300 S Lamesa Rd., Midland, TX 79701 Palladium Van Alstyne Senior Living – 870 Blassingame, Van Van Alstyne, TX 75495 Palladium Anna – 2020 Florence Way, Anna, TX 75049 Palladium Garland – 905 W I-30 Fwy., Garland, TX 75043 Palladium Fort Worth – 9520 Club Ridge Drive, Fort Worth, TX 76108 Palladium Glenn Heights – Address TBD Palladium Denton – Address TBD Palladium Crowley – Address TBD Palladium Farmersville – Address TBD EXHBIT 2 2019 Request for Resolution of Support Riva Denton01-14-19 3. PROJECT NARRATIVE AND ATTACHMENT CHECKLIST Riva Denton will be a high quality constructed multifamily development located on the west side of Teasley Lane and north of Hickory Creek Road in the city of Denton, Texas. The site is located within one mile of numerous amenities such as agrocery store, pharmacy, outdoor recreation and medical facilities. This high-quality constructed community will serve a wide range of incomes and position itself well inside the growing neighborhood area. Riva Denton will be a 3-story community with 1, 2 and 3 bedroom units ranging from 804 S.F. to 1,154 S.F. Riva Denton will bring will be an amenity rich environment and is intended to become a live, work, and play mixed-income development. We will do this by creating quality housing that can serve a range of incomes and therefore, serve the entire workforce regardless of whether they are lower paying jobs all the way to top earning jobs and everything in-between.Our total development cost is approximately $23.5M to develop high quality Class A constructed 3-story rental housing that will fit in to the high-quality environment of the Teasley and Old Hickory Road area. Riva Denton will strengthen the existing retail developments and be an attraction for additional economic development. a.Provide a preliminary site plan for the proposed project:See Attached b.Location map of “all” multi-family developments highlighting affordable housing within two miles of the proposed site:See Attached c. Census Tract Map with Site identified:See Attached d.Letter of Zoning Verification or status of rezoning request from City:See Attached. Current Zoning is CM-6which allows multifamily as part of a mixed-use development. Our multifamily satisfies this requirement as we are part of a larger development that includes a Sprouts grocery store as well as other retail uses. e. Support and/or opposition from communityand describe the impact the project is to have on the surrounding neighborhood:See attached letters of support. We are also working with the owner of the property who has developed the adjacent retail including the Sprouts grocery store. We do not anticipate any impact on neighborhoods in the area. f. TDHCA Self Score:See Attached g. Describe tenant populations, restrictions and access to supportive services: Riva Denton will have up to 30.8% market rate units in this development. In addition, a vast majority of the remaining units will serve the workforce that earns 50-60% of the area median income ($77,200). Approximately 7.5% of our units serve residents making 30% of the area median income Riva Denton will commit to reaching out and working with local nonprofits such as Apartment Life and localchurches to provide real and substantive services for our residents. Resident Services: Bi-Monthly social activities, Annual health fair Food pantry Organized youth programs Notary services Weekly exercise classes Bi-monthly arts and crafts activities Credit Counseling Financial Planning EXHBIT 2 h. Basic Common and Unit amenities:7% of the units at Riva Denton will be set-aside for persons with disabilitiesand will meet 2010 ADA accessibilitystandards. In addition to the unit and property amenities listed belowour residents will have access to array of amenities in the area. Please see attached amenities map. Unit amenities include: Granite countertops Vinyl plank flooring Stainless and black appliances Upgraded cabinetry in kitchens and bathrooms Double sinks in master bath Energy efficient appliances Property amenities include: Clubhouse Lounge Club Kitchen Business Center Swimming Pool Fountains/Pocket Park Controlled Access Exercise Facility Cabanas with BBQ Grills Conference Room Coffee Bar Pet Park Tot Lot Community Center Wi-fi i.Design and Construction Materials Brick, Stucco, Stone, Hardi-plank j. Project’s compatibility and alignment with the priorities stated in the City’s Comprehensive Plan and Future Land Use Plan The development team for Riva Denton considered the City’s goals in the Denton Plan 2030 when planning the design and unit mix for the proposed multifamily development. Located in a growing mixed-use environment west of Teasley Lane and north of Hickory Creek Road, Riva Denton will contribute to the quality of life for the community. Riva Denton working closely with the community andCity staff, designed a Class A development to reflect the community’s vision. It’s important to note the Denton Plan 2030 is an update to the 1999 Denton Plan and incorporated a number of other Plans in it such as “Simply Sustainable, A Strategic Plan forDenton’s Future” In Section 7 Housing and Neighborhoods of The Denton Plan 2030, The Plan specifically states that the incomes of many Denton households are lower than other areas of the region and as a result Denton house-holds are considered “cost burdened”. Therefore, through a collaboration of Denton organizations, the City has chosen a policy to encourage affordable housing with developers using housing tax credits to finance affordable housing. In addition, the purpose of the CM-G District is to provide the necessary shopping, services, recreation, employment and institutional facilities that are required and supported by the surrounding community. This zoning is typically located in areas with easy access, such as along major roadways or the intersection of localroads and arterial streets. This use conforms with the future Land Use Plan. EXHBIT 2 Future Land Use Map Indicates the Site zoned for Community Mixed-Use and is the Preferred Growth Concept (See Red Arrow) The City of Denton 2015-2019 Consolidated Community Development Plan Riva Denton also meets the goals and objective of the City’s Consolidated Plan and more specifically in the Draft 2018-2019 Action Plan. While the Plan specifically provides for the funding of specific community development improvement opportunities, the Plan encourages quality, safe and affordable housing to low to moderate income households by offering affordable rental units. 4. Financial Narrative and Attachment Checklist a. Project Proforma: Preliminary Proforma Attached b. Annual Audit for EachPartner:Certified Financials are attached c. Describe Taxable Status of the Development: Riva Denton will pay all property tax EXHBIT 2 EXHBIT 2 b.There are no existing multifamily developments highlighting affordable housing within two miles of site EXHBIT 2 EXHBIT 2 RivaDenton RivaDenton EXHBIT 2 DevelopmentnamehaschangedtoRivaDenton Anewzoningletterwillberequestedforthe2019 TDHCAApplication EXHBIT 2 EXHBIT 2 January 7, 2019 City of Denton Community Development Division 601 East Hickory Street Suite B Denton, TX 76205 RE: Letter of Support for Proposed Riva Denton Multifamily Development To Whom It May Concern: On behalf of the local real estate professionals and developers at Noble Companies, I would like to express our support for the proposed Riva Denton multifamily housing development to be located on the west side of Teasley Lane and north of Hickory Creek Road. We are excited by this proposed development, as it will help strengthen the existing retail developments in the immediate area as well as be a strong catalyst to bring additional commercial growth to service the surrounding Denton communities. Thank you for your consideration. Sincerely, Harry Chapman NWC Hickory Partners, LLC Noble RE, LLC Glaser Retail Partners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`//6;!WU!D.'))& -'1;!-$%(7'6!G/9B/. 8$(!8%:: -'1;!-$%(7'6!G/9B/. 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( + E'R+!8/(1$(!3!C'1/!-$(1.$6U50: - /0/#7&!" #F!4+ E'R+!8/(1$(!-*!G+5U50: 5-(@=D &= .#>(/I#H!" &/+ K =-&#)-& ( - #$ % &'! ( + EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 Developer Bios Linda S. Brown is the President/Partner of Casa Linda Development Corporation (CLDC) a Texas certified historically underutilized business (HUB) founded in 2001 and based in Dallas, Texas. Her 27 years of public/private sector experience includes strategic planning, affordable housing development, brownfield redevelopment, special taxing districts such as TIF’s and PID’s as well as public/private incentives for the attraction and retention of commercial investment and job creation/retention, and contract negotiation and governmental agreements. Prior to starting CLDC, Ms. Brown served as the Director of the City of Dallas Economic Development Department overseeing business development, area redevelopment, and building inspection including plan review. Prior to joining the City of Dallas, Ms. Brown served as Director of Marketing for the McAllen Economic Development Corporation. Ms. Brown’s professional government and private sector experience directly influenced the creation of over 17,000 jobs, $2.8 billion of corporate investment and the development of 742 affordable housing tax credit units. Her affordable housing experience includes direct involvement in the preparation and submission of the tax credit application(s), predevelopment, construction and operation phases of the communities. Ms. Brown graduated from the University of Texas, Austin in 1982 with a Bachelor of Science degree. She is the former President of the Greater Dallas Planning Council and former President of the Hispanic 100. She has served on several Dallas non-profit boards. Ms. Brown is a graduate of the University of Texas in Austin with a Bachelor of Science degree. Sara Reidy is the Executive Vice President/Partner of Casa Linda Development Corporation. Ms. Reidy joined CLDC in 2010 bringing fifteen years of affordable housing finance experience to the company. Prior to joining CLDC, Ms. Reidy served as Executive Vice President of Development Finance for Cascade Affordable Housing and its predecessor companies since 1998. Ms. Reidy’s experience includes the financing structure of 60 properties representing over 12,000 units with over $1 billion in debt and equity financing. She successfully took all properties from construction loan closing to permanent loan conversion and the issuance of 8609’s. Prior to her promotion, Ms. Reidy served as Controller where she was responsible for the Accounting of numerous companies as well as all operating properties. Ms. Reidy’s in-depth knowledge of financial institution lending, HUD lending, tax credit financing and attention to detail and accountability has earned her an excellent professional reputation from lenders, syndicators, auditors, attorneys, and the Texas Department of Housing and Community Development (TDHCA). Ms. Reidy is a graduate of Loyola University in New Orleans with a B.B.A. in Finance and Management Ms. Brown and Ms. Reidy have received TDHCA Certification of Developer Experience in the housing tax credit program. Ms. Reidy also received a Housing Development Finance Professional Certification from the National Development Council in April 2005. Since launching a specialization in the development of multifamily and senior affordable housing in 2011, CLDC has developed and/or co-developed 568 units with an additional 136 units under construction. EXHBIT 2 Casa Linda Development Corporation, founded in 2001, is a Texas based company specializing in developing quality affordable multifamily and senior housing communities. Owners Sara Reidy and Linda Brown have nearly 50 years of combined in-depth economic development and affordable housing finance/development expertise. Because of this broad and proven- track- record experience, Casa Linda communities are places that residents are proud to call home. Casa Linda selects sites with the needs of residents in mind. We strive to find locations that provide the greatest number of amenities and services for our residents. Casa Linda works closely with the development team to design/build a quality product that is financially sound for the investors and governmental partners. Casa Linda has developed in Urban and Rural areas in Texas. Casa Linda is considered one of the best development teams in the State. Casa Linda communities are located throughout Texas. We work with local governmental officials and neighborhoods to create win-win outcomes for the community. "The El Sereno groundbreaking event was almost textbook in how all of the appropriate local and state officials, as well as the local congressman's office, were present and spoke so glowingly of how hard the development team worked to secure their trust and support. Clearly the community is behind this effort 100% and is welcoming the development with open arms."--Michael Lyttle, TDHCA Chief of External Affairs Dallas, Texas 75208 Phone: 214-941-0089; Fax:888-811-2360; Email: sreidy@cldctx.com EXHBIT 2 The Texas Comptroller of Public Accounts (CPA) administers the Statewide Historically Underutilized Business (HUB) Program for the State of Texas, which includes certifying minority, woman, and service disabled veteran-owned businesses as HUBs and facilitates the use of HUBs in state procurement and provides them with information on the state's procurement process. We are pleased to inform you that your application for certification/re-certification as a HUB has been approved. Your company's profile is listed in the State of Texas HUB Directory and may be viewed online at https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp. Provided that your company continues to meet HUB eligibility requirements, the attached HUB certificate is valid for the time period specified. requirements, including changes in ownership, day-to-day management, control and/or principal place of business. Note: Any - Please visit our website at http://comptroller.texas.gov/procurement/prog/hub/ and reference our publications (i.e. Grow Your Business pamphlet, HUB Brochure and Vendor Guide) providing addition information on state procurement resources that Thank you for your participation in the HUB Program! If you have any questions, you may contact a HUB Program representative at 512-463-5872 or toll-free in Texas at 1-888-863-5881. Texas Historically Underutilized Business (HUB) Certificate 1752925206000 Certificate/VID Number: 86717 File/Vendor Number: 11-FEB-2016 Approval Date: 11-FEB-2020 Scheduled Expiration Date: The Texas Comptroller of Public Accounts (CPA), hereby certifies that CASA LINDA DEVELOPMENT CORPORATION has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB. This certificate printed 11-JUL-2018, supersedes any registration and certificate previously issued by the HUB Program. If there are any changes regarding the information (i.e., business structure, ownership, day-to- application for registration/certification as a HUB, you must immediately (within 30 days of such changes) notify the HUB Program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of ineligibility. Laura Cagle-Hinojosa, Statewide HUB Program Manager Statewide Support Services Division Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, they must award payment under the Certificate/VID Number identified above. Agencies, universities and p certification prior to issuing a notice of award by accessing the Internet (https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp) or by contacting the HUB Program at 512-463-5872 or toll-free in Texas at 1-888-863-5881. 2¤µȁ ΏΕȝΐΕ DevelopmentConsultant EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 2 EXHBIT 3 Tax Credit Developments 2164 428 380 77 380 426 77 377 288 I35E 00.250.50.125 Miles Tax Credit Tax Credit / Market Rate Date: 1/26/2018 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. EXHBIT 3 Multi-Family Developments 428 77 288 288 2164 428 380 77 380 380 I35 426 I35E 1515 77 377 I35W 288 I35E 2449 I35W 377 1830 2181 00.510.25 Miles Market Rate Senior Housing Student Housing Tax Credit Tax Credit / Market Rate Date: 10/20/2017 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 #:ID 19-201,Version:1 AGENDA CAPTION Receiveareport,holdadiscussion,andgivestaffdirectionregardingthefeasibilityandcosttoreduceand/or eliminate utility poles along Dallas Drive and Teasley Lane. City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT:Denton Municipal Electric City Manager: Todd Hileman DATE: February 5, 2019 SUBJECT Receive a report, hold a discussion, and give staff directionregarding the feasibility and cost to reduce and/or eliminate utility poles along Dallas Drive and Teasley Lane. BACKGROUND Denton’s Parks Department has budgeted for $75,000 to improve the northeast corner of Dallas Dr. and Teasley Ln. through development of a median park. DME has been asked to investigate the possibilities of reducing and/or eliminating the number of utility poles near this intersection. This investigation has also been extended to adjacent areas – (i) along Dallas Dr. from Smith St. to the IH35E access road and (ii) along Teasley Ln., from Duncan St. to just south of the Woodhill Apts. Besides DME, both Verizon and Charter have assets in this same area. Some of their assets currently occupy space on DME’s overhead construction; however, both utilities also have facilities on topped-off poles that are adjacent to the road’s right-of-way or directly adjacent to DME’s existing overhead construction. These multiple poles cause the area to look congested and unsightly. DME has had conversations with both Verizon and Charter during which two (2) potential options were discussed. The first option was for both Verizon and Charter to move as much of their assets as practical from “topped-off” poles to DME’s poles allowing the potential removal of up to nine (9) poles providing for a cleaner look in this study area. This is Option 1. Option 2 is to convert all, or some portion, of DME’s, Charter’s, and Verizon’s facilities underground which could potentially remove as many as 121 poles (both DME and topped-off poles”) in the study area. DME staff will discuss both options and their potential cost. OPTIONS Provide DME direction as to which option to pursue, Option 1 or Option 2. Decline to pursue any option provided, and provide staff additional direction. EXHIBITS 1. Agenda Information Sheet Respectfully submitted: George Morrow General Manager, Denton Municipal Electric Prepared by: Jerry Fielder, P.E., Division Engineering Manager - Distribution City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-146,Version:1 AGENDA CAPTION DeliberationsregardingRealProperty-UnderTexasGovernmentCodeSection551.072;andConsultation with Attorneys - Under Texas Government Code Section 551.071. Discuss,deliberate,andreceiveinformationfromstaffandtheCity’sattorneysandprovidestaffandtheCity’s attorneyswithdirectionpertainingtothestatus,strategy,currentdiscussionswithopposingcounsel,and possibleoutcomesofthecondemnationcasestyledCityofDentonv.TommyR.HolamonandSharletY. Holamon,CauseNo.PR-2018-00005,currentlypendingintheProbateCourtofDentonCounty,Texas regardingtheacquisitionofrealpropertyinterestsgenerallylocatedinthe3400blockofsouthBonnieBrae Street,CityofDenton,Texas;apublicdiscussionoftheselegalmatterswouldconflictwiththedutyofthe City’sattorneystotheCityofDentonandtheDentonCityCouncilundertheTexasDisciplinaryRulesof ProfessionalConductoftheStateBarofTexas,orwouldjeopardizetheCity’slegalpositioninany administrativeproceedingorpotentiallitigation.(BonnieBraeWideningandImprovementsproject-Parcel42 - Holamon & Hickory Creek Sanitary Sewer Interceptor project - Phase II - Holamon) City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-158,Version:1 AGENDA CAPTION Matt Farmer regarding the development of Cole Ranch/Hunter Ranch and the environmental impact. City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-177,Version:1 AGENDA CAPTION Rena Hardeman regarding proposed Municipal Management District. City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-204,Version:1 AGENDA CAPTION Ed Soph regarding City Council action on disclosure and reverse set backs. City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-282,Version:1 AGENDA CAPTION Diana Leggett regarding SUPs and SROs. City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-041,Version:1 AGENDA CAPTION Consider adoption of a resolution adopting a policy informing Planning & Zoning Commission interactions with developers or parties/entities interested beyond that of the public at large while a matter is on the Planning & Zoning Commission agenda due to a tie-vote or subject to a motion for future reconsideration, and a voluntary disclosure of meetings on any pending development case; and providing an effective date. The Planning and Zoning Commission recommends approval (7-0). City of DentonPage 1 of 1Printed on 2/1/2019 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: February 5, 2019 SUBJECT Consider adoption of a resolution adopting a policy informing Planning & Zoning Commission interactions with developers or parties/entities interested beyond that of the public at large while a matter is on the Planning & Zoning Commission agenda due to a tie-vote or subject to a motion for future reconsideration, and a voluntary disclosure of meetings on any pending development case; and providing an effective date. The Planning and Zoning Commission recommends approval (7-0). BACKGROUND During the October 23, 2018 work session, the City Council received a presentation and provided direction regarding their individual engagements with members of the development community or with individuals regarding a development or an economic development matter. On November 13, 2018 the City Council approved Resolution Number 18-1929, included as Exhibit 4, adopting a policy stating that elected officials shall not meet with developers or persons/entities concerning a development or economic development matter while it is on the City Council agenda due to a tie-vote or where a matter is subject to a motion for reconsideration. At the December 18, 2018 City Council meeting, Council directed staff to develop a similar resolution that would apply to the Planning & Zoning Commission. The resolution was presented to Planning and Zoning Commission (P&Z) on January 23, 2019 as an item of individual consideration. The Commission had a short discussion regarding this item and voted to amend members of the Planning & Zoning Commission will not communicate outside of a public meeting with developers or interested persons parties/entities interested beyond that of the public at large regarding any matter related to the developmentand recommend approval by a vote of 7-0. Adoption of the policy would prohibit P&Z members from discussing development matters during a tie vote or while subject to a motion of consideration. Items subject to a motion for reconsideration are limited to items for which P&Z takes final action listed in Section 35.4.1.2 of the Denton Development Code and include the follow: Plat Applications Hardship Variances Alternative Development Plans Additionally, the policy would allow for a voluntary disclosure of interactions with developers outside of times prohibited by the policy. RECOMMENDATION P&Z unanimously recommends approval of the Planning & Zoning Commission Developer Engagement Policy included as a part of Exhibit 2 which informs P&Z interactions with developers or parties/entities interested beyond that of the public at large while a matter is on the agenda due to a tie-vote or a motion for future consideration. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution Exhibit 3 January 23 P&Z Minutes Exhibit 4 City Council Resolution 18-1929 Respectfully submitted: Charlie Rosendahl Development Services S:\\Legal\\Our Documents\\Resolutions\\19\\Resolution Planning and Zoning Developer Engagement Policy.docx RESOLUTION NO. ________________ A RESOLUTION ADOPTING A POLICY INFORMING PLANNING & ZONING COMMISSION INTERACTIONS WITH DEVELOPERS OR PARTIES/ENTITIES INTERESTED BEYOND THAT OF THE PUBLIC AT LARGE WHILE A MATTER IS ON THE PLANNING & ZONING COMMISSION AGENDA DUE TO A TIE-VOTE OR SUBJECT TO A MOTION FOR FUTURE RECONSIDERATION, AND A VOLUNTARY DISCLOSURE OF MEETINGS ON ANY PENDING DEVELOPMENT CASE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council desires to adopt a policy governing the Planning & Zoning individual interactions with members of the development community and/or individuals, groups, or entities related to pending or approved development matters, to promote transparency in the decision-making process; and WHEREAS, the City Council agrees that Planning & Zoning Commission members should not to meet with developers, parties or entities holding interests beyond those of the public at large while a matter is on the Planning & Zoning Commission agenda due to a tie-vote, or is subject to a motion for reconsideration; and WHEREAS, the City Council adopted a similar policy governing its own interactions on November 13, 2018; and WHEREAS, the Planning and Zoning Commission recommended approval on January 23, 2019 by a vote of 7-0; and WHEREAS, the City Council agrees that the requirements set forth in the City policy Planning & Zoning Developer Engagement Policy are appropriate to the circumstances of concern; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. attached hereto and made a part hereof, is hereby adopted as an official policy of the City of Denton. SECTION 2. The attached policy shall be filed in the official records with the City Secretary. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. The motion to approve this resolution was made by __________________________ and seconded by _________________________________; the resolution 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 ___________________, 2019. __________________________________ CHRIS WATTS, MAYOR ATTEST: RACHEL WOOD, INTERIM CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: /s/ Jerry E. Drake, Jr. Page 2 CITY OF DENTON PLANNING & ZONING COMMISSION DEVELOPER AND ENGAGEMENT POLICY Policy Statement: The Planning & Zoning Commission desires to ensure transparency related to pending or approved development matters. While a development case is on the Planning & Zoning Commission agenda due to a tie-vote or is subject to a motion for reconsideration, members of the Planning & Zoning Commission will not communicate outside of a public meeting with developers or parties/entities interested beyond that of the public at large regarding any matter related to the development. To further promote transparency, each Planning & Zoning Commission member has the option to disclose to the Director of Development Services conversations they have had with developers or with individuals, groups or entities regarding any pending development case that will require formal Commission action. The Director of Development Services will ensure all disclosed conversations are filed accordingly and are attached to all associated Planning & Zoning Commission and City Council agenda items. Page 3 Њ Minutes Ћ Planning and Zoning Commission Ќ January 23, 2019 Ѝ Ў After determining that a quorum was present, the Planning and Zoning Commission of the City of Џ Denton, Texas convened in a Work Session on Wednesday, January 23, 2019 at 5:00 p.m. in the А Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the Б following items were considered: В ЊЉ PRESENT: Chair Andrew Rozell. Commissioners: Alfred Sanchez, Larry Beck, Jason ЊЊ Cole, Mat Pruneda, Margie Ellis, and Tim Smith. ЊЋ ЊЌ ABSENT: None. ЊЍ ЊЎ STAFF: Scott McDonald, Richard Cannone, Hayley Zagurski, Ron Menguita, Roman ЊЏ McAllen, Charlie Rosendahl, Cindy Jackson, Jerry Drake, Sean Jacobson and Cathy ЊА Welborn. ЊБ ЊВ WORK SESSION ЋЉ Chair Rozell opened the Work Session at 5:04 p.m. ЋЊ 2. Work Session Reports ЋЋ A. Hold a discussion and receive an update regarding the Historic Preservation Plan and ЋЌ incentive program. (PZ19-019, Roman McAllen). ЋЍ Chair Rozell stated the work session reports would be heard before clarifying agenda items. ЋЎ Roman McAllen, Historic Preservation Officer, provided an update on the Historical Preservation ЋЏ Plan and current Historic Preservation Plan and current historic preservation incentives. ЋА Commissioner Sanchez questioned if incentives would apply to cemeteries. McAllen stated if the ЋБ cemetery is privately owned and the owner was paying taxes. ЋВ Richard Cannone, Deputy Director of Development Services, stated any changes made to a ЌЉ historically landmarked property will require a certificate of appropriateness. ЌЊ B. Discuss the Denton Development Code update. (PZ19-028, Ron Menguita) ЌЋ Ron Menguita, Principal Planner, provided information regarding the Denton Development Code ЌЌ update and dates for upcoming meetings. ЌЍ Menguita stated there will be a special called Work Session for the Planning and Zoning ЌЎ Commission on February13,2019. Њ Њ 1. Clarification of agenda items listed on the agenda for this meeting. This is an opportunity Ћ for Commissioners to ask questions of staff on the Consent and Regular Agenda items, Ќ which may include a full briefing on an item in the order it appears on the regular session Ѝ agenda. Any such briefing will be repeated in regular session. Ў Chair Rozell stated Public Hearing item 5A has been pushed to a later date in February at which Џ time it will be re-noticed. А The Commission had no questions regarding the Consent Agenda. Б Charlie Rosendahl, Business Services Manager, presented Item of Individual Consideration 4A. В Rosendahl stated staff is seeking direction from the Planning and Zoning Commission regarding a ЊЉ policy that prohibits discussion with developers or interested persons regarding a development ЊЊ when an item is pending due to a tie-vote or an item is subject to a motion for reconsideration. ЊЋ The Planning and Zoning Commissioners discussed different circumstances and scenarios ЊЌ pertaining to the policy. ЊЍ Hayley Zagurski, Senior Planner, presented Item of Individual Consideration 4B. Zagurski stated ЊЎ the request is to consider approval of an Alternative Development Plan (ADP) to deviate from ЊЏ Sections 35.13.7.B Landscape and Tree Canopy Requirements and 35.13.13.10 Access, Parking, ЊА and Circulation Requirements. ЊБ Zagurski stated staff does recommend approval of the request as it meets the established ЊВ requirements for the approval of an ADP in Denton Development Code (DDC) 35.13.5.A. ЋЉ Chair Rozell closed the Work Session at 6:18 p.m. ЋЊ REGULAR MEETING ЋЋ The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, January ЋЌ 23, 2019 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time ЋЍ the following items were considered: ЋЎ Chair Rozell opened the Regular Meeting at 6:31 p.m. ЋЏ 1. PLEDGE OF ALLEGIANCE ЋА A. U.S. Flag B. Texas Flag ЋБ 2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION MINUTES ЋВ FOR: ЌЉ A. Consider approval of the Planning and Zoning meeting minutes. ЌЊ Commissioner Margie Ellis motioned, Commissioner Mat Pruneda seconded to approve the ЌЋ January 9, 2019 meeting minutes. Motion approved (7-0). Commissioner Alfred Sanchez "aye", ЌЌ Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", ЌЍ Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim ЌЎ Smith "aye". Ћ Њ 3. CONSENT AGENDA Ћ A. Consider a request by BSR Property Series 1 P.S. of JTB Partners, LLC for approval of Ќ a Preliminary Plat of Lot 1, Block 1, Clean and Green Car Wash Addition. The Ѝ approximately 2.167-acre site is generally located on the west side of FM 2499 across from Ў Pine Hills Lane in the City of Denton, Denton County, Texas. (PP18-0020, Clean and Џ Green Car Wash, Hayley Zagurski). А B. Consider a request by Allegiance Hillview for approval of a Final Plat for Rayzor Ranch Б East. The approximately 90.55-acre site is generally located on the east side of Heritage В Trail between West University Drive and Scripture Street in the City of Denton, Denton ЊЉ County, Texas. (FP18-0025, Rayzor Ranch East, Hayley Zagurski). ЊЊ Commissioner Tim Smith motioned, Commissioner Larry Beck seconded to approve the Consent ЊЋ Agenda. Motion approved (7-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck ЊЌ"aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", CommissionerMat Pruneda ЊЍ"aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". ЊЎ Chair Rozell stated for the record Public Hearing item 5A has been pulled from the agenda and ЊЏ will be re-noticed for a future meeting. ЊА 4. ITEMS FOR INDIVIDUAL CONSIDERATION ЊБ A. Consider making a recommendation to City Council regarding adopting a policy ЊВ informing Planning & Zoning Commission interactions with developers or interested ЋЉ persons/entities while a matter is on the Planning & Zoning Commission agenda due to a ЋЊ tie-vote or a motion for future reconsideration, and a voluntary disclosure of meetings on ЋЋ any pending development case; and providing an effective date (PZ19-009, Charlie ЋЌ Rosendahl). ЋЍ Charlie Rosendahl, Business Services Manager, presented Item of Individual Consideration 4A. ЋЎ Rosendahl stated staff is seeking direction from the Planning and Zoning commission regarding a ЋЏ policy that prohibits discussion with developers or interested persons regarding a development ЋА when an item is pending due to a tie-vote or while an item is subject to reconsideration. ЋБ Chair Rozell made a motion to approve Item of Individual Consideration 4A with the following ЋВ condition: to insert the word financially between or and interested. ЌЉ Commissioner Smith requested Chair Rozell to amend the motion to also include neighboring ЌЊ people. Commissioner Sanchez stated he believes neighbors also have financial concern or interest ЌЋ just as the parties involved in the project. ЌЌ Jerry Drake, First Assistant City Attorney, recommended using the phrase public at large instead ЌЍ of inserting finicallypublic at large instead of inserting financially and clarified that Planning and ЌЎ Zoning items subject to a motion for reconsideration are limited to those for which the Commission ЌЏ takes final action and does not include recommendations made to City Council. ЌА Chair Rozell agreed to amend his motion. Commissioner Sanchez agreed to the amendment. Ќ Њ Commissioner Ellis requested Chair Rozell restate his motion. Ћ Chair Rozell stated the amended motion is as follows: While a development case is on the Ќ Planning & Zoning Commission agenda due to a tie-vote or is subject to a motion for Ѝ reconsideration, members of the Planning & Zoning Commission will not communicate Ў outside of a public meeting with developers or parties/ entities interested beyond that of the Џ public at large regarding any matter related to the development. А Chair Andrew Rozell motioned, Commissioner Alfred Sanchez seconded to approve the Item of Б Individual Consideration 4A with the following amendment: While a development case is on the В Planning & Zoning Commission agenda due to a tie-vote or is subject to a motion for ЊЉ reconsideration, members of the Planning & Zoning Commission will not communicate outside of ЊЊ a public meeting with developers or parties/ entities interested beyond that of the public at large ЊЋ regarding any matter related to the development. Motion approved (7-0). Commissioner Alfred ЊЌ Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew ЊЍ Rozell "aye", CommissionerMat Pruneda "aye", Commissioner Margie Ellis "aye", and ЊЎ Commissioner Tim Smith "aye". ЊЏ B. Consider a request by Blue Beacon International Inc. for approval of an Alternative ЊА Development Plan (ADP) for a proposed truck wash on approximately 11.48 acres located ЊБ at the northwest corner of the intersection of Barthold Road and the Interstate Highway 35 ЊВ service road in the City of Denton, Denton County, Texas. The property is currently zoned ЋЉ Employment Center Commercial (EC-E) District. The purpose of this ADP request is to ЋЊ deviate from the requirements of Sections 35.13.7.B Landscape and Tree Canopy ЋЋ Requirements and 35.13.13.10 Access, Parking, and Circulation Requirements of the ЋЌ Denton Development Code. (ADP19-0001, Blue Beacon, Hayley Zagurski). ЋЍ Hayley Zagurski, Senior Planner, presented Item of Individual Consideration 4B. Zagurski stated ЋЎ the request is to consider approval of an Alternative Development Plan (ADP) to deviate from ЋЏ Sections 35.13.7.B Landscape and Tree Canopy Requirements and 35.13.13.10 Access, Parking, ЋА and Circulation Requirements. ЋБ Zagurski stated staff does recommend approval of the request as it meets the established ЋВ requirements for the approval of an ADP in Denton Development Code (DDC) 35.13.5.A ЌЉ Commissioner Larry Beck motioned, Commissioner Tim Smith seconded to approve Item for ЌЊ Individual Consideration 4B. Motion approved (7-0). Commissioner Alfred Sanchez "aye", ЌЋ Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", ЌЌ Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim ЌЍ Smith "aye". ЌЎ ЌЏ ЌА ЌБ Ѝ Њ Ћ 5. PUBLIC HEARINGS Ќ A. Hold a public hearing and consider making a recommendation to City Council regarding Ѝ a request by Hills of Argyle Monticello, Ltd., for a zoning change from a Neighborhood Ў Residential 1 (NR-1) zoning district to a Neighborhood Residential 4 (NR-4) zoning Џ district. The 11.5 acre site is generally located at 2801 and 2800 Chipping Campden Road, А in the City of Denton, Denton County, Texas. (Z18-0024, Hills of Argyle: Manor Homes, Б Cindy Jackson) В ЊЉ Chair Rozell stated Public Hearing item 5A has been pulled from the agenda. ЊЊ ЊЋ 6. PLANNING & ZONING COMMISSION PROJECT MATRIX ЊЌ ЊЍ A. Planning and Zoning Commission project matrix. ЊЎ ЊЏ Richard Cannone, Deputy Director of Development Services, stated staff will talk about the ЊА annexation process on February 6, 2019. Cannone noted on February 20, 2019 Denton Independent ЊБ School District will provide a presentation. Commissioner Beck questioned if there is an update ЊВ regarding the mobility plan. Cannone stated staff will be completely redoing the mobility plan and ЋЉ going with a traffic thoroughfare plan. ЋЊ ЋЋ Chair Rozell closed the Regular Meeting at 6:58 p.m. ЋЌ Ў City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-115,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceorderinganelectiontobeheldintheCityofDenton,Texas,onMay4,2019 and,ifarunoffelectionisrequiredsaidrunoffelectionistobeheldonJune8,2019,forthepurposeofelecting CouncilMemberstoDistricts1,2,3and4oftheCityCounciloftheCityofDenton,Texas;prescribingthe timeandmanneroftheconductoftheelectiontobeinaccordancewithanagreementwiththeElection AdministratorofDentonCounty;providingaseverabilityclause;providinganopenmeetingsclause;and providing an effective date. City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: CM/ DCM/ ACM: Deputy City Manager Langley DATE: February 5, 2019 SUBJECT Consider adoption of an ordinance ordering an election to be held in the City of Denton, Texas, on May 4, 2019 and, if a runoff election is required said runoff election is to be held on June 8, 2019, for the purpose of electing Council Members to Districts 1, 2, 3 and 4 of the City Council of the City of Denton, Texas; prescribing the time and manner of the conduct of the election to be in accordance with an agreement with the Election Administrator of Denton County; providing a severability clause; providing an open meetings clause; and providing an effective date. BACKGROUND Approval of this ordinance would formally call the May 4, 2019 City Council election. It also indicates that the City will be entering into an election agreement with the Denton County Elections Administrator ions within Denton County. Denton County will be responsible for conducting the May election similar to elections held the past several years. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Respectfully submitted: Rachel Wood Interim City Secretary City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-142,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theCityManagertoexecuteacontractwithRushTruckCenterofTexas,LP,forPeterbiltrepairservices; whichisthesoleprovideroftheseservicesinaccordancewithTexasLocalGovernmentCode252.022,which providesthatprocurementofcommoditiesandservicesthatareavailablefromonesourceareexemptfrom competitivebiddingandifover$50,000shallbeawardedbythegoverningbody;andprovidinganeffective date(File6951-awardedtoRushTruckCenterofTexas,LP,inthefive(5)yearnot-to-exceedamountof $450,000). The Public Utilities Board recommends approval (5-0). City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: February 5, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Rush Truck Center of Texas, LP, for Peterbilt repair services; which is the sole provider of these services in accordance with Texas Local Government Code 252.022, which provides that procurement of commodities and services that are available from one source are exempt from competitive bidding and if over $50,000 shall be awarded by the governing body; and providing an effective date (File 6951 - awarded to Rush Truck Center of Texas, LP, in the five (5) year not-to-exceed amount of $450,000). The Public Utilities Board recommends approval (5-0). INFORMATION /BACKGROUND This request is to establish an annual agreement for contracted repair work for Peterbilt Chassis. Peterbilt Chassis are used for Refuse Trucks, Dump Trucks, Digger Derricks, and Haul Trucks by various City of Denton Departments. There are currently Rush Truck Center of Texas, LP is the authorized service provider for Peterbilt trucks. Rush Truck Center of Texas, LP repairs chassis, body and driveline issues and has repair facilities in Dallas and Fort Worth as well as the ability to dispatch field service technicians to perform repairs on site. Fleet Services utilizes Rush Truck Center of Texas, LP to perform repairs that are beyond the scope of apability as well as some warranty repairs that Fleet Technicians are not authorized to repair. Cost estimates are based on a three-year average spend of $70,000 annually, with an additional $100,000 estimated for on-site repair and warranty services by a trained and certified Peterbilt repair technician. This service is new and will be used to supplement Fleet Technicians, reduce equipment downtime by eliminating transportation time, and allow Fleet to more effectively manage warranty repairs. Section 252.022 of the Local Government Code provides that procurement of sole source commodities and services are exempt from competitive bidding, if over $50,000, shall be awarded by the governing body. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On January 28, 2019, the Public Utilities Board (PUB) recommended this item to the City Council for consideration. RECOMMENDATION Award a contract with Rush Truck Center of Texas, LP, for Peterbilt Truck chassis repair services, in the five (5) year not-to-exceed amount of $450,000. PRINCIPAL PLACE OF BUSINESS Rush Truck Center of Texas, LP New Braunfels, TX ESTIMATED SCHEDULE OF PROJECT All repair services are on an as-needed basis and scheduled through Fleet Services. FISCAL INFORMATION These services will be funded from the Fleet Services operating account and billed to respective department maintenance accounts. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Sole Source Letter Exhibit 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Terry Kader at 940-349-8729. Legal point of contact: Mack Reinwand at 940-349-8333. EXHIBIT 3 EXHIBIT 3 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-144,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theCityManagertoexecuteacontractthroughtheDepartmentofInformationResources(DIR)Cooperative PurchasingNetworkContractNumberDIR-SDD-2502withGranicus,LLC,forthesupplyofagenda managementsoftware;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(File 6928 - awarded to Granicus, LLC, in the three (3) year not-to-exceed amount of $95,524.73). City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: February 5, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract through the Department of Information Resources (DIR) Cooperative Purchasing Network Contract Number DIR-SDD-2502 with Granicus, LLC, for the supply of agenda management software; providing for the expenditure of funds therefor; and providing an effective date (File 6928 awarded to Granicus, LLC, in the three (3) year not-to-exceed amount of $95,524.73). INFORMATION /BACKGROUND This is a 3 year renewal with Granicus, LLC who provides the City's agenda management software, Legistar, as well as the hardware and software related to the dais voting system, voting touchscreen, voting display, and media related to running and recording of the live public meetings. The Legistar program automates agenda creation and meeting execution with tools to streamline minutes, voting, full reporting and publishing to a citizen-facing web portal for boosted transparency. The terms of this agreement are for Fiscal Years 2018-2019, 2019-2020, and 2020-2021. Pricing obtained through the Department of Information Resources (DIR) Cooperative Purchasing Network has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. RECOMMENDATION Award a contract with Granicus, LLC, for the supply of agenda management software, in the three (3) year not-to-exceed amount of $95,524.73. PRINCIPAL PLACE OF BUSINESS Granicus, LLC Saint Paul, MN ESTIMATED SCHEDULE OF PROJECT This is a three (3) year contract. FISCAL INFORMATION fund the hardware and software. The budgeted amount for this item is $31,793.53 for Fiscal Year 2018-2019 The budgeted amount for this item is $31,088.39 for Fiscal Year 2019-2020 The budgeted amount for this item is $32,642.81 for Fiscal Year 2020-2021 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: Billy Matthews at 940-349-7272. Legal point of contact: Mack Reinwand at 940-349-8333. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-149,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theCityManagertoexecuteacontractwithN.HarrisComputerCorporation,forthepurchaseofHarrisPublic UtilityBillingSystem,softwaremaintenance,continuedvendorsupportandassociatedsoftwaremodules whichisthesoleproviderofthissoftwareinaccordancewithTexasLocalGovernmentCodeChapter252.022, whichprovidesthatprocurementofcommoditiesandservicesthatareavailablefromonesourceareexempt fromcompetitivebidding;andifover$50,000shallbeawardedbythegoverningbody;andprovidingan effectivedate(File6952-awardedtoN.HarrisComputerCorporationinthethree(3)yearnot-to-exceed amount of $775,526.65). City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: February 5, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with N. Harris Computer Corporation, for the purchase of Harris Public Utility Billing System, software maintenance, continued vendor support and associated software modules which is the sole provider of this software in accordance with Texas Local Government Code Chapter 252.022, which provides that procurement of commodities and services that are available from one source are exempt from competitive bidding; and if over $50,000 shall be awarded by the governing body; and providing an effective date (File 6952 - awarded to N. Harris Computer Corporation in the three (3) year not-to-exceed amount of $775,526.65). INFORMATION /BACKGROUND The City of Denton uses the Harris Public Utility Billing System software, NorthStar module, for maintaining utility customer accounts, producing utility bills, and processing utility revenues. It is essential for the City of Denton to keep current maintenance with the software vendor in order to ensure the availability of upgrades, software fixes, and access to knowledge and support resources. N. Harris Computer Corporation is the sole source vendor for maintenance, software suites, and enhancements for the Harris Public Utility Billing System and associated software modules (Exhibit 2). Section 252.022 of the Local Government Code provides that procurement of sole source commodities and services that are exempt from competitive bidding, if over $50,000, shall be awarded by the governing body. The table below breaks down the estimated annual costs with a contingency for the contract total: N. Harris Computer Corporation - NorthStar Estimated Expenditure Annual Renewal Maintenance & Support Year 1 $203,737.52 Annual Renewal Maintenance & Support Year 2 $224,111.27 Annual Renewal Maintenance & Support Year 3 $246,522.40 Contingency (15%) $101,155.46 $775,526.65 Totals RECOMMENDATION Awarding a contract with N. Harris Computer Corporation, for software maintenance and support, in the three (3) year not-to-exceed amount of $775,526.65. PRINCIPAL PLACE OF BUSINESS N. Harris Computer Corporation Ottawa, ON, CAN ESTIMATED SCHEDULE OF PROJECT This is a three (3) year contract. FISCAL INFORMATION These services will be funded from Technology Services operating account 830400.6504. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Sole Source Letter Exhibit 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Melissa Kraft at 940-349-7823. Legal point of contact: Mack Reinwand at 940-349-8333. November 7, 2018 Rita Herrera, Systems and Operations Administrator City of Denton 601 East Hickory St. Suite F Denton, TX 76205 USA RE: NorthStar and City of Denton Partnership NorthStar Utilities Solutions and the City of Denton have enjoyed a long partnership, with the NorthStar Customer Information System (CIS) enabling reliable billing and excellent customer support services for over 18 years. The City of Denton relies on the NorthStar CIS, Automation Platform, Reports AnyWhere (RAW), mobile service order management (mCare) and our customer portal. NorthStar supports over 200 Municipal Utilities throughout North America, and is a member of the Harris Utilities Group, which is the largest CIS provider in North America. NorthStar remains focused exclusively on Municipal Utility Customer Service and Billing. With more than 50% of the NorthStar client base billing multiple services, and with our client base ranging up to 110,000 meters in size, the City of Denton remains well aligned with the NorthStar client base. NorthStar continues to invest heavily in new products and technologies, with over 20% of our staff devoted to Research & Development. The City of Denton continues to benefit from this ongoing investment in our products, having gone through two major updates of the NorthStar CIS at zero license cost. Our most recent product releases include mCare 6 (mobile service order management) and CustomerConnect 6 (client web portal). Both platforms have been completely rebuilt using secure modern web platforms and modern technology. Both are now available to the City of Denton as a result of your ongoing maintenance and support fees. Our product direction and priorities continue to be driven by customers such as the City of Denton. Our ongoing R&D investment ensures ongoing and significant enhancements to the solutions our customers, and the communities you serve, depend on. Because of this feedback, 2017 was and 2018 continues to be, transformative times for NorthStar. Beyond considerable organizational and process improvements, our commitment to modernization, having undergone complete UI/UX redesigns of core solutions, continues to be a high priority. This revitalization has resonated with both existing customers and prospective ones. In fact, we have been fortunate to have been selected by more new customers in 2018 than in any of the previous 10+ years, including 2 in Texas who already went through a formal RFP process. Over the past 18 years, our collaboration with City of Denton has resulted in a dozen first-time integrations and numerous product enhancements that continue to deliver significant benefits to utilities across North America. Many of these new and innovative solutions offer the highest client ROI of any solutions (i.e. Workflows, Automation Platform, mCare V6 and CustomerConnect V6). info@northstarutilities.com (888) 847-7747 www.northstarutilities.com NorthStar and Denton have developed the following integrations to NorthStar over the past 18 years: JD Edwards Financials System TeleWorks IVR System Paradigm MyUsage Clevest Workforce Management Online Utility Exchange Paymentus (Payment Processing & Customer Payment Portal) PrePaid Utilities (pay as you go utilities) Kiosk with US Payments NorthStar and Denton have developed the following customizations to NorthStar over the past 18 years: AMI meter readings (via NorthStar mCare modification) Customer bill print for monthly utility statements Ability for online connect, disconnect and transfer of service Special business workflow modifications (i.e. cycle, walk, route change ability) These integrations and customizations continue to be supported and updated by NorthStar for the City of Denton as a result of your ongoing maintenance and support fees. This ensures that the City of Denton benefits from an integrated CIS landscape for optimal efficiency. Our municipal client base has a financial obligation to their clients to provide high quality and cost effective service. When our clients explore the market for CIS solutions with a similar depth of functionality, they consistently find that continuing with the NorthStar CIS offers a greatly superior ROI. As reported by IDC Energy Insights, the average cost of a CIS replacement for a Municipal utility is $44.12 per meter with an average implementation time of 24 months. In brief, we appreciate the need to continuously reevaluate technologies and partnerships. We want to leveraging the investments the City of Denton has made in NorthStar R&D. Now is the time to stick with us. There has never been a better time to be a NorthStar customer. To your success, Steve Morris VP of Sales & Marketing NorthStar Utilities Solutions Phone: 613-226-5511 ext. 2157 Email: SMorris@harriscomputer.com info@northstarutilities.com (888) 847-7747 www.northstarutilities.com City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-150,Version:1 AGENDA CAPTION ConsiderapprovalofaresolutionbytheCityofDentonauthorizingtheCityManager,orhisdesignee,to acceptthe2018UASI-Denton-FireEMSRescueTaskForceGrant(GrantNo.3690801)intheamountof $100,000fromtheStateofTexas,OfficeoftheGovernor,throughagrantfromtheUSDepartmentof HomelandSecurityfortheperiodofSeptember1,2018throughAugust31,2019;andprovidinganeffective date. City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Fire CM/ DCM/ ACM: Todd Hileman DATE: February 5, 2019 SUBJECT Consider approval of a resolution by the City of Denton authorizing the City Manager, or his designee, to accept the 2018 UASI Denton Fire EMS Rescue Task Force Grant (Grant No. 3690801) in the amount of $100,000 from the State of Texas, Office of the Governor, through a grant from the US Department of Homeland Security for the period of September 1, 2018 through August 31, 2019; and providing an effective date. BACKGROUND The following Public Safety grants were previously submitted to the State of Texas, Office of the Governor on December 2018 (1) 2018 SHSP Denton SWAT Equipment Enhancement (2) 2018 UASI City of Denton SWAT Equipment (3) 2018 UASI City of Denton Fire EMS Rescue Task Force. All three grants were returned for revision requiring additional language pertaining to conditions of acceptance of funds, thus, null and void. Therefore, all three Resolutions under the Homeland Security Grant Program are being resubmitted for approval with amended language for conditions of acceptance. RECOMMENDATION Staff recommends approval. ESTIMATED SCHEDULE OF PROJECT The State deadline for the completion of the grant project is 8/31/2019. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On November 27, 2018 City Council approved Resolution 18-1899 FISCAL INFORMATION State of Texas, Office of the Governor $100,000 with no local match. EXHIBITS Exhibit 1 - Agenda Information Sheet Exhibit 2 Resolution Respectfully submitted: Kenneth Hedges Fire Chief Prepared by: Christine Taylor Fire Administration Manager City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-151,Version:1 AGENDA CAPTION ConsiderapprovalofaresolutionbytheCityofDentonauthorizingtheCityManager,orhisdesignee,to acceptthe2018UASI-CityofDenton-SWATEquipmentGrant(GrantNo.3692101)intheamountof $26,000fromtheStateofTexas,OfficeoftheGovernor,throughagrantfromtheUSDepartmentofHomeland Security for the period of September 1, 2018 through August 31, 2019; and providing an effective date. City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Police CM/ DCM/ ACM: Todd Hileman DATE: February 5, 2019 SUBJECT Consider approval of a resolution by the City of Denton authorizing the City Manager, or his designee, to accept the 2018 UASI City of Denton SWAT Equipment Grant (Grant No. 3692101) in the amount of $26,000 from the State of Texas, Office of the Governor, through a grant from the US Department of Homeland Security for the period of September 1, 2018 through August 31, 2019; and providing an effective date. BACKGROUND The following Public Safety grants were previously submitted to the State of Texas, Office of the Governor on December 2018 (1) 2018 SHSP Denton SWAT Equipment Enhancement (2) 2018 UASI City of Denton SWAT Equipment (3) 2018 UASI City of Denton Fire EMS Rescue Task Force. All three grants were returned for revision requiring additional language pertaining to the conditions of acceptance of funds, thus, null and void. Therefore, all three Resolutions under the Homeland Security Grant Program are being resubmitted for approval with amended language for conditions of acceptance. RECOMMENDATION Staff recommends approval. ESTIMATED SCHEDULE OF PROJECT The State deadline for the completion of the grant project is 9/30/2019 PRIOR ACTION/REVIEW (Council, Boards, Commissions) On November 6, 2018, City Council approved Resolution No. 18-1797 FISCAL INFORMATION State of Texas, Office of the Governor $26,000 EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution Respectfully submitted: Frank Dixon Police Chief Prepared by: Shanika Mayo Police Administration Manager City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-152,Version:1 AGENDA CAPTION ConsiderapprovalofaresolutionbytheCityofDentonauthorizingtheCityManager,orhisdesignee,to acceptthe2018SHSP-Denton-SWATEquipmentEnhancement(GrantNo.3324402)intheamountof $24,000fromtheStateofTexas,OfficeoftheGovernor,throughagrantfromtheUSDepartmentofHomeland Security for the period of October 1, 2018 through September 30, 2019; and providing an effective date. City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Police CM/ DCM/ ACM: Todd Hileman DATE: February 5, 2019 SUBJECT Consider approval of a resolution by the City of Denton authorizing the City Manager, or his designee, to accept the 2018 SHSP Denton SWAT Equipment Enhancement (Grant No. 3324402) in the amount of $24,000 from the State of Texas, Office of the Governor, through a grant from the US Department of Homeland Security for the period of October 1, 2018 through September 30, 2019; and providing an effective date. BACKGROUND The following Public Safety grants were previously submitted to the State of Texas, Office of the Governor on December 2018 (1) 2018 SHSP Denton SWAT Equipment Enhancement (2) 2018 UASI City of Denton SWAT Equipment (3) 2018 UASI City of Denton Fire EMS Rescue Task Force. All three grants were returned for revision requiring additional language pertaining to the conditions of acceptance of funds, thus, null and void. Therefore, all three Resolutions under the Homeland Security Grant Program are being resubmitted for approval with amended language for conditions of acceptance. RECOMMENDATION Staff recommends approval. ESTIMATED SCHEDULE OF PROJECT The State deadline for the completion of the grant project is 9/30/2019 PRIOR ACTION/REVIEW (Council, Boards, Commissions) On November 13, 2018 and December 18, 2018, City Council approved Resolution No. 18-1798 and 18- 2130. FISCAL INFORMATION State of Texas, Office of the Governor $24,000 EXHIBITS Exhibit 1 - Agenda Information Sheet Exhibit 2 Resolution Respectfully submitted: Frank Dixon Police Chief Prepared by: Shanika Mayo Police Administration Manager City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-157,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theCityManager,orhisdesignee,toexecuteacontractthroughtheBuyBoardCooperativePurchasing NetworkContractNumber498-15forthepurchaseofthePaloAltoFirewallsoftwareandcontinuedvendor support;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate.(File6962-awarded to Solid Border, Inc., in the three (3) year not-to-exceed amount of $847,935). City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: February 5, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract through the Buy Board Cooperative Purchasing Network Contract Number 498-15 for the purchase of the Palo Alto Firewall software and continued vendor support; providing for the expenditure of funds therefor; and providing an effective date. (File 6962 awarded to Solid Border, Inc., in the three (3) year not-to-exceed amount of $847,935). INFORMATION /BACKGROUND City of Denton Technology Services operations is subject to a complex regulatory framework. Denton Municipal Electric (DME) systems must comply with North American Electric Reliability Corporation (NERC) Critical Infrastructure Protect (CIP) requirements. Public Safety systems must comply with Texas Law Enforcement Telecommunications Systems (TLETS) requirements. Utilities Customer Service computer systems must comply with Payment Card Industry Data Security Standards (PCI-DSS) requirements. In addition, external financial auditors place requirements on the JD Edwards financial systems. These regulatory requirements require a firewall in front of Web-facing applications such as QuickPay, UtilityWorks, and eTrakIt. The Palo Alto Networks Firewall provides a wide suite of enterprise- level next-generation firewalls, with a diverse range of security features to meet our various regulatory requirements. Palo Alto Network Firewall provides the best overall value with regard to protection, performance, and overall costs. It is essential for the City of Denton to keep current maintenance with the software vendor in order to ensure the availability of upgrades, software fixes, and access to knowledge and support resources. The Technology Services department could not identify any local vendors that could provide software maintenance for this application. Technology Services obtained pricing from three different vendors on the Texas Departments of Information Resources (DIR) Go DIRect Program and BuyBoard. Solid Border, Inc. provided the best available pricing for the City of Denton. Solid Border, Inc. is a woman-owned Texas Historically Underutilized Business (HUB) vendor. Pricing obtained through the Buy Board Cooperative Purchasing Network has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. Table 1 provides a list of planned and projected projects. These are estimates and are subject to change as some of these projects have not completed the design phase. Project Description Budget Estimated Year Expenditure Corporate Access to DME Camera System 2018-2019 $22,455 Refresh Traffic Network & Connect to Corporate Network 2018-2019 $41,690 Implement Virtual Server Firewalls through VMWare NSX 2019-2020 $70,180 Replace Firewalls that are reaching End of Life 2019-2020 $162,080 DME Distribution Network Enhancements 2019-2020 $81,040 Trilliant Meter Network Enhancements 2019-2020 $81,040 Support and Maintenance 2018-2021 $252,365 Professional Services 2018-2021 $60,000 Contingency for Unforeseen (10%) $77,085 $847,935 Totals PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On February 1, 2005, Council approved the interlocal agreement with the Buy Board Cooperative Purchasing Network (Ordinance 2005-034). RECOMMENDATION Awarding a contract to Solid Border, Inc., for Palo Alto software maintenance and purchase of security products, in a three (3) year not-to-exceed amount of $847,935. PRINCIPAL PLACE OF BUSINESS Solid Border, Inc. San Antonio, TX ESTIMATED SCHEDULE OF PROJECT January 1, 2019, through December 31, 2021. FISCAL INFORMATION These services will be fund under various Technology Services operating accounts and CIP project accounts depending on the service or equipment provided. The funding breakdown is as follows: $458,485 is designated for replacements and upcoming projects, $252,365 is designated for vendor support and maintenance, $60,000 is designated for vendor professional services, and an added $77,085 for a 10% contingency. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Cost Comparison Exhibit 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Melissa Kraft at 940-349-7823. Legal point of contact: Mack Reinwand at 940-349-8333. Exhibit 2 File 6962 - Palo Alto Price Comparison for Firewall Equipment Business Name: Solid Border, Inc. Cloud Harmonics Layer 3 Total 2018 2019 2020 2021 Part # Unit Price 3 Year Unit Price 3 Year Unit Price 3 Year QtyQtyQtyQtyQty $ 250.00 $ 1,400.00 PAN-PA-200-BNDLAB4-R71222$ 1,750.00$ 200.00End of Sale$ 7.00 $ 238.00 $ 2,016.00 PAN-PA-200-TP-HA2-R82222$ 1,904.00$ 252.00$ 266.00$ 2,128.00 $ 238.00 $ 2,016.00 PAN-PA-200-URL4-HA282222$ 1,904.00$ 252.00$ 266.00$ 2,128.00 $ 1,666.00 $ 31,752.00 PAN-PA-3020-TP-HA2-R180666$ 29,988.00$ 1,764.00$ 1,862.00$ 33,516.00 $ 2,380.00 $ 27,720.00 PAN-PA-3020-TP-R112333$ 26,180.00$ 2,520.00$ 2,660.00$ 29,260.00 $ 2,380.00 $ 10,080.00 PAN-PA-3020-URL4-R41111$ 9,520.00$ 2,520.00$ 2,660.00$ 10,640.00 $ 2,856.00 $ 24,192.00 PAN-PA-3050-TP-HA2-R82222$ 22,848.00$ 3,024.00$ 3,192.00$ 25,536.00 $ 18,750.00 $ 180,000.00 PAN-PA-325080080$ 150,000.00$ 22,500.00$ 23,750.00$ 190,000.00 $ 2,975.00 $ 31,500.00 PAN-PA-3250-TP-HA2100082$ 29,750.00$ 3,150.00$ 3,325.00$ 33,250.00 $ 2,975.00 $ 18,900.00 PAN-PA-3250-TP-HA2-R60006$ 17,850.00$ 3,150.00$ 3,325.00$ 19,950.00 $ 2,975.00 $ 31,500.00 PAN-PA-3250-URL4-HA2100082$ 29,750.00$ 3,150.00$ 3,325.00$ 33,250.00 $ 2,975.00 $ 18,900.00 PAN-PA-3250-URL4-HA2-R60006$ 17,850.00$ 3,150.00$ 3,325.00$ 19,950.00 $ 7,125.00 $ 25,650.00 PAN-PA-85030300$ 21,375.00$ 8,550.00$ 9,025.00$ 27,075.00 $ 1,615.00 $ 1,710.00 PAN-PA-850-TP10100$ 1,615.00$ 1,710.00$ 1,805.00$ 1,805.00 $ 1,190.00 $ 2,520.00 PAN-PA-850-TP-HA220200$ 2,380.00$ 1,260.00$ 1,330.00$ 2,660.00 $ 1,190.00 $ 5,040.00 PAN-PA-850-TP-HA2-R40022$ 4,760.00$ 1,260.00$ 1,330.00$ 5,320.00 $ 1,615.00 $ 3,420.00 PAN-PA-850-TP-R20011$ 3,230.00$ 1,710.00$ 1,805.00$ 3,610.00 $ 1,615.00 $ 1,710.00 PAN-PA-850-URL410100$ 1,615.00$ 1,710.00$ 1,805.00$ 1,805.00 $ 1,190.00 $ 2,520.00 PAN-PA-850-URL4-HA220200$ 2,380.00$ 1,260.00$ 1,330.00$ 2,660.00 $ 1,190.00 $ 5,040.00 PAN-PA-850-URL4-HA2-R40022$ 4,760.00$ 1,260.00$ 1,330.00$ 5,320.00 $ 1,615.00 $ 3,420.00 PAN-PA-850-URL4-R20011$ 3,230.00$ 1,710.00$ 1,805.00$ 3,610.00 $ 12,750.00 $ 13,500.00 PAN-PRA-UPG-10010100$ 12,750.00$ 13,500.00$ 14,250.00$ 14,250.00 $ 197.00 $ 1,596.00 PAN-SVC-4HR-220-R82222$ 1,576.00$ 199.50$ 210.00$ 1,680.00 $ 2,763.00 $ 11,172.00 PAN-SVC-4HR-3020-R82222$ 11,052.00$ 2,793.00$ 2,940.00$ 11,760.00 $ 4,737.00 $ 4,788.00 PAN-SVC-4HR-3050-R82222$ 4,737.00$ 4,788.00$ 5,040.00$ 5,040.00 $ 4,935.00 $ 14,962.50 PAN-SVC-4HR-3250100082$ 14,805.00$ 4,987.50$ 5,250.00$ 15,750.00 $ 4,935.00 $ 39,900.00 PAN-SVC-4HR-3250-R60006$ 39,480.00$ 4,987.50$ 5,250.00$ 42,000.00 $ 893.00 $ 9,025.00 PAN-SVC-4HR-820-R82222$ 8,930.00$ 902.50$ 950.00$ 9,500.00 $ 1,880.00 $ 11,400.00 PAN-SVC-4HR-85030300$ 11,280.00$ 1,900.00$ 2,000.00$ 12,000.00 $ 1,880.00 $ 15,200.00 PAN-SVC-4HR-850-R70034$ 15,040.00$ 1,900.00$ 2,000.00$ 16,000.00 $ 1,504.00 $ 4,560.00 PAN-SVC-PREM PRA-25-R11000$ 4,512.00$ 1,520.00$ 1,600.00$ 4,800.00 $ 300.00 $ 2,128.00 PAN-SVC-PREM-200-R164444$ 2,100.00$ 304.00$ 320.00$ 2,240.00 $ 2,105.00 $ 2,128.00 PAN-SVC-PREM-3020-R251888$ 2,105.00$ 2,128.00$ 2,240.00$ 2,240.00 $ 3,609.00 $ 58,368.00 PAN-SVC-PREM-3050-R41111$ 57,744.00$ 3,648.00$ 3,840.00$ 61,440.00 $ 6,016.00 $ 152,000.00 PAN-SVC-PREM-5020-R51310$ 150,400.00$ 6,080.00$ 6,400.00$ 160,000.00 $ 3,760.00 $ 15,200.00 PAN-SVC-PREM-PRA-100-R30111$ 15,040.00$ 3,800.00$ 4,000.00$ 16,000.00 $ 1,504.00 $ 7,600.00 PAN-SVC-PREM-PRA-25-R30111$ 7,520.00$ 1,520.00$ 1,600.00$ 8,000.00 $ 2,000.00 $ 6,750.00 PAN-VM-100-PERP-BND1-PREM-1YR2202200$ 6,000.00$ 2,250.00$ 2,500.00$ 7,500.00 PAN-VM-100-PERPBND1-PREM-1YR-R44002222 $ 595.00 $ 1,785.00$ 630.00$ 1,890.00$ 700.00$ 2,100.00 Total Cost of Products (3 Years):$ 751,495.00$ 803,173.50$ 845,780.00 Contract Total (3 Years):$ 847,935.00 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-160,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation, authorizingtheCityManager,orhisdesignee,toexecuteacontractthroughtheStateofTexasSmartBuy ProgramContractNumber680-A1forthepurchaseofammunitionfortheCityofDentonPoliceDepartment; providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(File6966-awardedto Precision/Delta Corporation, in the five (5) year not-to-exceed amount of $380,000). City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: February 5, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract through the State of Texas Smart Buy Program Contract Number 680-A1 for the purchase of ammunition for the City of Denton Police Department; providing for the expenditure of funds therefor; and providing an effective date (File 6966 awarded to Precision/Delta Corporation, in the five (5) year not-to-exceed amount of $380,000). INFORMATION /BACKGROUND The Police Department currently purchases their ammunition from Precision Delta, from the State of Texas Smart Buy Term Contract Number 680-A1 for Police Equipment and Accessories. The State contract offers fixed pricing for all ammunition used for training and duty purposes. The fixed prices offers the best value, availability, and includes all shipping and handling costs. The current ammunition budget amount of $57,000 was short of the use forecast of $77,000 for 2019. Due to increased hiring and turnover, there is an expected increase in ammunition usage through academy training of new hires, necessitating an increase in budget amounts for ammunition. Approximately 2,000 rounds are fired by each academy student during the academy and orientation. In 2018, approximately 20 new officers were hired but this remains the highest unknown factor regarding ammunition usage. With increased ammunition use expectations of approximately 3-5% per year, the $380,000 maximum of this contract should provide adequate space to satisfy our ammunition needs to conduct necessary training to our officers. Precision/Delta Corporation is the only approved Texas carrier of Winchester ammunition. Pricing obtained through State of Texas Contract Number 680-A1 and meets the statutory requirements of Texas Local Government Code 271.102 for ammunition. RECOMMENDATION Award a contract with Precision/Delta Corporation, for the supply of ammunition for the City of Denton Police Department, in the five (5) year not-to-exceed amount of $380,000. PRINCIPAL PLACE OF BUSINESS Precision/Delta Corporation Ruleville, MS ESTIMATED SCHEDULE OF PROJECT State Contract 680-A1 for Police Equipment and Accessories will expire on August 31, 2019. Staff will follow up with the State in August to confirm that the contract is renewed for an additional time period. If the contract is not renewed, this item will automatically expire and a new contract will be awarded. FISCAL INFORMATION These items will be funded from the Police as needed. 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: David Hildebrand at 940-349-7987. Legal point of contact: Mack Reinwand at 940-349-8333. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-176,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDentonapprovingandauthorizingtheCityManagerorhis designeetoexecuteanInterlocalCooperationAgreementbetweentheCityofDentonandDentonCountyfor Ambulance Services; and declaring an effective date. City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Fire CM/ DCM/ ACM: Todd Hileman DATE: 02/05/2019 SUBJECT Consider adoption of an ordinance of the City of Denton approving and authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement between the City of Denton and Denton County for Ambulance Services; and declaring an effective date. BACKGROUND The Interlocal Cooperation Agreement for Ambulance Service between the City of Denton and Denton County began in 1980 and provides for emergency medical service to Denton County within a designated service area. This service area covers a portion of the unincorporated area within Denton County. Each year a new agreement and ordinance is presented to the Denton City Council for the next fiscal year approving the fee the County will pay to the City of Denton for service using a County-wide funding formula based on population, number of ambulance calls in the designated service area, and the rural square miles being served in the County. The population and mileage figures used are based on numbers obtained from the North Central Texas Council of Governments. This ongoing interlocal agreement is often delayed in the County's legal approval process, which also includes review by the Denton County Fire Chiefs Association and approval by the Commissioners Court as part of the budget process. After the City of Denton signs the agreement, the County Commissioners take official action. Even though the contract is approved after its starting date, the agreement becomes effective October 1, 2018. The total estimated fee of $114,290 is the City of Denton's share for Fiscal Year 2018-19 based on the following estimated ratios: 1. A fixed readiness sum of $ 0.4813 per capita at a population estimate of 129,407; calculates $62,284. 2. A fixed sum of $255.5911 per ambulance transport for an estimated maximum amount of $34,760.38. This is based upon 136 transports made in the County areas during fiscal year 2017-18. 3. A fixed sum of $696.0306 per rural square miles based on 16.94 rural miles in the agreed operating territory for an estimated maximum amount of $11,790.76. Denton County Ambulance Funding 2015 2016 2017 2018 2019 READINESS POPULATION: County Funding Formula Rate 0.5046 0.5009 0.4815 0.4944 0.4813 Readiness Funding to Denton $59,857.35 $60,243.68 $60,655.09 $62,284.01 $67,817.70 EMS AMBULANCE RUNS: Denton Runs to County 164 164 198 145 136 County Funding Formula Rate $248.9627 $247.4293 $250.9870 $257.1269 $255.5911 Runs Funding to Denton $40,829.88 $40,578.41 $49,695.43 $37,283.40 $34,760.38 RURAL SQUARE MILES: 18.74 18.88 17.23 17.13 16.94 Rural Sq. Miles Funding Total $12,889.95 $13,019.86 $11,809.21 $11,789.91 $11,709.76 TOTAL COUNTY FUNDING $113,577 $113,842 $122,160 $113,357 $114,290 PRIOR ACTION/REVIEW (Council, Boards, Commissions) On February 6, 2018, City Council authorized an Interlocal Cooperation Agreement under Ordinance 2018- 091. FISCAL INFORMATION The total Interlocal Cooperation Agreement for Ambulance Services is estimated to be $114,290, an estimated increase of $933.00 from the prior year. Fluctuations in funding amounts year to year are due to calls for service, and rural square miles. All revenue from this agreement is deposited into the General Fund. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance Respectfully submitted: Kenneth Hedges Fire Chief Prepared by: Christine Taylor Fire Administration Manager h:\\legal dept\\ambulance agreement county2019.doc ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. for ambulance services to be provided to unincorporated areas of Denton County, Texas; and WHEREAS, the City has Ambulance personnel and equipment that may be utilized to serve unincorporated areas of Denton County; and WHEREAS, the County will reimburse the City for the ambulance services provided; and WHEREAS, the City Council at the City of Denton approves the Interlocal Cooperation Agreement as in the interest of public safety; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals are hereby incorporated as if set out fully herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Interlocal Cooperation Agreement for Ambulance Services on behalf of the City, which is attached hereto as Exhibit A. SECTION 3. 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 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 ________________, 2019. __________________________________ CHRIS WATTS, MAYOR ATTEST: RACHEL WOOD, INTERIM CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: Exhibit A City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-182,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDentonapprovingandauthorizingtheCityManagerorhis designeetoexecuteanInterlocalCooperationAgreementbetweentheCityofDentonandDentonCountyfor Fire Protection Services; and declaring an effective date. City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Fire CM/ DCM/ ACM: Todd Hileman DATE: 02/05/2019 SUBJECT Consider adoption of an ordinance of the City of Denton approving and authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement between the City of Denton and Denton County for Fire Protection Services; and declaring an effective date. BACKGROUND The Interlocal Cooperation Agreement for Fire Protection Service between the City of Denton and Denton County provides fire protection services by the Denton Fire Department to designated unincorporated areas within the County. includes review by the Denton County Fire Chiefs Association and approval by the Commissioners Court as part of their budget process. After the City of Denton signs the agreement, the County Commissioners takes official action. Even though the contract is approved after its starting date, the agreement becomes effective October 1, 2018. The total appropriation to pay for fire protection in the unincorporated County area is determined each year by Commissioners' Court. A set reimbursement rate per fire call is determined and funding is allocated to contracted departments providing service. Denton County Fire Protection Funding 2015 2016 2017 2018 2019 County Funding $10,000 $10,000 $10,000 $10,000 $10,000 Per Fire Call $500 $500 $525 $550 $550 Denton Fire Calls 37 22 38 34 25 Fire Call Funding $18,500 $11,000 $19,950 $18,700 $13,750 Total $28,500 $21,000 $29,950 $28,700 $23,750 PRIOR ACTION/REVIEW (Council, Boards, Commissions) On February 6, 2018, City Council authorized an Interlocal Cooperation Agreement under Ordinance 2018- 102. FISCAL INFORMATION The total Interlocal Cooperation Agreement for Fire Protection Services is estimated to be $23,750 which is an estimated decrease of $4,950.00 from the prior year contract. Fluctuations in funding amounts year to year are due to call volume and the set reimbursement rate. All revenue from this agreement is deposited into the General Fund. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance Respectfully submitted: Kenneth Hedges Fire Chief Prepared by: Christine Taylor Fire Administration Manager h:\\legal dept\\fire protection agreement county2019.doc ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR FIRE PROTECTION SERVICES; AND DECLARING AN EFFECTIVE DATE. for fire protection services to be provided to unincorporated areas of Denton County, Texas; and WHEREAS, the City has Fire Protection personnel and equipment that may be utilized to serve unincorporated areas of Denton County; and WHEREAS, the County will reimburse the City for the fire protection services provided; and WHEREAS, the City Council at the City of Denton approves the Interlocal Cooperation Agreement as in the interest of public safety; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals are hereby incorporated as if set out fully herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Interlocal Cooperation Agreement for Fire Protection Services on behalf of the City, which is attached hereto as Exhibit A. SECTION 3. 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 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 ________________, 2019. __________________________________ CHRIS WATTS, MAYOR ATTEST: RACHEL WOOD, INTERIM CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: Exhibit A City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-183,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,TexasappointingHollyFoxasPresidingJudgefor theCityofDentonMunicipalCourtofRecord;establishingatermofofficeforthePresidingJudgebeginning thth onthe11dayofFebruary,2019,andextendingthrough10dayofFebruary,2021;authorizingtheMayorto executeanemploymentagreementfortermofoffice;ratifyingtermsofsaidagreement;anddeclaringan effective date. City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Human Resources CM/ DCM/ ACM: Todd Hileman DATE: February 5, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas appointing Holly Fox as Presiding Judge for the City of Denton Municipal Court of Record; establishing a term of office for the Presiding Judge thth beginning on the 11 day of February, 2019, and extending through 10 day of February, 2021; authorizing the Mayor to execute an employment agreement for term of office; ratifying terms of said agreement; and declaring an effective date. BACKGROUND The City Council has conducted a search for a Municipal Judge, interviewed candidates, and desires to employ Holly Fox. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Exhibit 3 - Employment Agreement Respectfully submitted: Carla Romine Director of Human Resources City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-184,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theCityManagertoexecuteacontractthroughtheDepartmentofInformationResources(DIR)Cooperative PurchasingNetworkContractNumberDIR-TSO-3755withImageNetConsulting,LLC,forthepurchaseof LaserficheDocumentImagingApplicationsoftwaremaintenance,additionallicensingforLaserficheForms Package,andsoftwareenhancements;providingfortheexpenditureoffundstherefor;andprovidingan effectivedate(File6956-awardedtoImageNetConsulting,LLC,inthethree(3)yearnot-to-exceedamountof $286,425.98). City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: February 5, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract through the Department of Information Resources (DIR) Cooperative Purchasing Network Contract Number DIR-TSO-3755 with ImageNet Consulting, LLC, for the purchase of Laserfiche Document Imaging Application software maintenance, additional licensing for Laserfiche Forms Package, and software enhancements; providing for the expenditure of funds therefor; and providing an effective date (File 6956 awarded to ImageNet Consulting, LLC, in the three (3) year not-to-exceed amount of $286,425.98). INFORMATION /BACKGROUND The City of Denton utilizes the Laserfiche Document Imaging Application to support daily operations in mThe departments include the following: Accounting/Payroll, Electric Engineering, Facilities Management, Fire, Human Resources, Legal, Library, Municipal Court, Municipal Judge, Planning, Police, Purchasing, Risk Management, Solid Waste Disposal, Technology Services, Wastewater Administration, Water Customer Service, Water Distribution, Water Engineering, Water Production, and Water Utility Administration. Each of these departments depends on Laserfiche workflows to effectively move and archive documents to enhance job efficiencies. The City has been using Laserfiche since April 2000 to streamline its documents and records process management. Pricing obtained through the Department of Information Resources (DIR) Cooperative Purchasing Network has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. RECOMMENDATION Award a contract with ImageNet Consulting, LLC, for the purchase of maintenance, support, licenses, and professional services, in the three (3) year not-to-exceed amount of $286,425.98, which includes a 10% contingency. PRINCIPAL PLACE OF BUSINESS ImangeNet Consulting, LLC. Oklahoma City, OK ESTIMATED SCHEDULE OF PROJECT This is a three (3) year contract. FISCAL INFORMATION These services will be funded from Technology Services operational account number 830400.6504. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Cost Comparison Exhibit 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Melissa Kraft at 940-349-7823. Legal point of contact: Mack Reinwand at 940-349-8333. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-272,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theCityManagertoexecuteacontractforthedevelopmentofanUrbanForestMasterPlanfortheCityof Denton;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(RFP6949-awarded to Davey Resource Group, Inc., in the not-to-exceed amount of $71,741). City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: February 5, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract for the development of an Urban Forest Master Plan for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 6949 awarded to Davey Resource Group, Inc., in the not-to-exceed amount of $71,741). RFP INFORMATION /BACKGROUND comprehensive plan, recommends the development of an Urban Forest Master Plan to identify important tree canopy resources and include specific strategies for protection and provisions of a more robust tree canopy. The Urban Forest Master Plan will build on the broad goals and policies in the Denton Plan 2030 to use an integrative approach to environmental management to create The overarching objectives of the Urban Forest Master Plan are: 1. Set a tree canopy goal and strategies for preserving and expanding the existing tree canopy. 2. Improve the quality of maintenance of trees in city parks, properties and right of ways under the control of the City of Denton, based on industry best management practices 3. Forest, including staff training and development opportunities. 4. Identify best methods for inventorying trees managed by the City of Denton and best uses of data for 5. Identify and prioritize areas for tree planting and preservation. 6. based on uses stated in the Denton Development Code Subchapter 13. 7. 8. Promote the recognition of trees as green infrastructure along with the environmental benefits they provide. 9. Methods for branding, outreach, education and monitoring success. While we are not awarding section 4 of the proposal at this time, the Davey Resource Group (DRG) provided an estimate to complete an inventory of trees in Parks and other public properties currently maintained by the City for an additional $119,080. Parks and Recreation were anticipating completing the tree inventory in-house over the course of 3-4 years as time allows. Once completed, the Urban Forest Master Plan will be integrated into the overall Parks, Recreation and Trails System Master Plan. Request for Proposals was sent to thirty-five (35) 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. One (1) proposal was received and evaluated based upon published criteria including project schedule, compliance with specifications, probable performance, and price. Based upon this evaluation, Davey Resource Group, Inc. proposal was determined to be the best value to the City and within the competitive range (Exhibit 2). Founded in 1992, DRG is a subsidiary of Davey Tree Expert Company, Inc. founded in 1880 is a well- established business and has provided quality work for hundreds of cities throughout the United States including the DFW Metroplex. Davey Tree Expert Company is employee-owned with almost 10,000 employees. They have completed over 150 urban forest master plans and have conducted over 1,000 tree inventory projects. The DRG team of consultants consist of International Society of Arboriculture (ISA) Certified Arborist, traditional forester, Geographic Information Systems (GIS) Analysts, urban planners, and ecological scientists with knowledge, work experience, and training to complete our project. Staff has been very pleased with the responsiveness and timeliness of the work and attention to detail. RECOMMENDATION Award a contract with Davey Resource Group, Inc., for the supply of an Urban Forest Master Plan, in the not-to-exceed the amount of $71,741. PRINCIPAL PLACE OF BUSINESS Davey Resource Group, Inc. Kent, OH ESTIMATED SCHEDULE OF PROJECT This project will be started upon approval and is estimated to provide a final draft in six (6) month with a presentation to the City Council and Park board to follow. FISCAL INFORMATION These services will be funded from the Park Department Tree Mitigation Fund 2018-19, fiscal budget account 224100-7879. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Pricing Evaluation Exhibit 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Haywood Morgan at 940-349-8337. Legal point of contact: Mack Reinwand at 940-349-8333. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-290,Version:1 AGENDA CAPTION ConsiderapprovalofaresolutionoftheCityofDenton,TexasauthorizingtheMayortosignaletterto membersofCongressrequestingtheircommitmenttoaddressinfrastructurefundingduringthe116th Congress; and providing an effective date. City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Public Affairs / IGR CM/ DCM/ ACM: Bryan Langley, Deputy City Manager DATE: February 5, 2019 SUBJECT Consider approval of a resolution of the City of Denton, Texas authorizing the Mayor to sign a letter to members of Congress requesting their commitment to address infrastructure funding during the 116th Congress; and providing an effective date. BACKGROUND The City of Denton is an active member of the National League of Cities (NLC), a national organization that brings together communities across America to strengthen and promote cities as centers of opportunity, leadership, and governance. Through NLC, the City also participates in advocacy committees, which help develop federal policy positions and advocate for increased local support at the federal level. Council Member Briggs current sits on the Energy, Environment, and Natural Resources Committee (EENR). Recently, NLC requested members of the EENR committee encourage their cities to contact their members of Congress and request bipartisan support for infrastructure funding. The attached resolution th for enhanced infrastructure funding during the 116 Congress. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution and Draft Letter Respectfully submitted: Jessica Rogers Deputy Director of Public Affairs Reviewed by Legal: Larry Collister First Assistant City Attorney Office of the Mayor 215 E. McKinney St., Denton, TX 76201 (940) 349-7717 \[Date\] The Honorable \[Member of Congress\] United States House of Representatives/Senate Washington DC 20515-XXX Re: Requesting Bi-Partisan Support for Infrastructure Funding Dear \[Senator/Representative\] \[Last Name\]: As a leader in the City of Denton, Texas and the National League of Cities, I am writing today to ask for your commitment to address one of our country’s most pressing challenges—rebuilding America’s infrastructure. As we emerge from an extended partial government shutdown and return to a working, stable federal government, I’m joining leaders from the 19,000 cities, towns and villages across the country calling on our federal leaders to not repeat this crisis and to work in a bipartisan manner to pass comprehensive legislation that rebuilds and reimagines America’s infrastructure in partnership with local governments. Infrastructure investments are the foundation that connects us as a country, improves the quality of life for our residents, supports jobs for thousands of workers, strengthens our nation’s economic competitiveness, and keeps our communities safe. Unfortunately, the federal partnership for infrastructure investments has eroded over the last two decades, putting America at risk of falling behind on an ever-increasing list of potential hazards that undermine our economy and threaten our standard of living. Today, our transportation network is a knot of congestion and disrepair, our broadband lags behind other countries and families drink from bottled water in the absence of safe tap water. Moving a bipartisan infrastructure package would demonstrate to the country that Congress is focused on delivering results that will improve the daily lives of our constituents. Cities like mine will continue doing our share, but it is time for Congress to act and rebuild with us. Across the country, much of our infrastructure is at a breaking point. We need a strong federal-local partnership to upgrade the 100-year old leaking pipes, to replace the 50-year old crumbling bridges and to install modern and resilient solutions for the next 100 years. Congress must prioritize a long-term infrastructure plan early in 2019 that will work holistically to improve our nation’s water, broadband, and transportation systems and create well-paying jobs for our nation’s workforce that will build and maintain these important assets. For our economy and for our future, addressing America’s infrastructure challenges is a shared priority in 2019. We look forward to meeting with you soon to discuss how we can work together. OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 Sincerely, Mayor Chris Watts 2 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:Z18-0023b,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,regardingachange inthezoningdistrictanduseclassificationfromRegionalCenterCommercialDowntown(RCC-D)districtto EmploymentCenterIndustrial(EC-I)districtwithoverlayconditionsonapproximately8.7acresofland,anda changeinthezoningdistrictanduseclassificationfromRegionalCenterCommercialNeighborhood(RCC-N) districttoEmploymentCenterIndustrial(EC-I)districtwithoverlayconditionsonapproximately7.7acresof land,allofwhichisgenerallylocatedatthenorthwestcornerofWorthingtonDriveandSchuylerStreetinin theCityofDenton,DentonCounty,Texas;adoptinganamendmenttotheCity’sofficialzoningmap;providing forapenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingforseverabilityand establishinganeffectivedate.ThePlanningandZoningCommissionvoted7-0toapprovetherequest.(Z18- 0023, Worthington Truckport, Julie Wyatt) City of DentonPage 1 of 1Printed on 2/1/2019 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: February 5, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from Regional Center Commercial Downtown (RCC- D) district to Employment Center Industrial (EC-I) district with overlay conditions on approximately 8.7 acres of land, and a change in the zoning district and use classification from Regional Center Commercial Neighborhood (RCC-N) district to Employment Center Industrial (EC-I) district with overlay conditions on approximately 7.7 acres of land, all of which is generally located at the northwest corner of Worthington Drive and Schuyler Street in in the City of Denton, Denton County, Texas; adopting an $2,000.00 for violations thereof; providing for severability and establishing an effective date. The Planning and Zoning Commission voted 7-0 to approve the request. (Z18-0023, Worthington Truckport, Julie Wyatt) BACKGROUND The applicant, Aimee Bissett, on behalf of RREC Denton Truckport LLC, the Morgan Royce Hull Heritage Trust, and the Jennifer Alexander Heritage Trust, is requesting approval of a zoning changeon two parcels. The south lot (8.7 acres) is zoned Regional Center Commercial Downtown (RCC-D) District, and the north tract (7.7 acres) is zoned Regional Center Commercial Neighborhood (RCC-N) District. The applicant is requesting a rezoning to Employment Center Industrial (EC-I) District to consolidate zoning on the entire 16-acre site to facilitate a self-service storage use and future development. A full Staff Analysis is provided in Exhibit 2. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommended approval with the following condition (7-0): 1. Electric Substations and Switch Stations are not a permitted use. 2. A Type C Buffer is required between any new private improvements and the west property boundary. A Type C Buffer is a fifteen (15) foot planted strip that includes a combination of six (6) evergreen and deciduous trees and twenty (20) shrubs per one hundred (100) linear feet. Staff recommended approval of this request. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On January 9, 2019, the Planning and Zoning Commission held a public hearing for the proposed rezoning. At the public hearing, staff presented an analysis with a recommendation of approval. Several residents of the adjacent residential area spoke in opposition to the project, citing potential vehicular access to the Ranch Estates neighborhood, drainage, noise, lighting, encroachment of industrial uses, and visual impacts as areas of concern. While unrelated to this request, neighborhood residents also expressed concerns about the general mobility in the area, particularly the future extension of Windsor Drive across I-35 to the west and the increased truck traffic along West University Drive (US 380). Staff has discussed the extension of Windsor Drive with Transportation Engineering, and has confirmed that while the project is in infancy and no construction date has been set, the future alignment is not intended to connect to the Ranch Estates neighborhood, but rather track to the north, possibly connecting to North Masch Branch. At the close of the public hearing, the Planning and Zoning Commission recommended approval of the request with overlay conditions \[7-0\]. As part of their deliberation, the Planning and Zoning Commission discussed the potential impacts to the nearby neighborhood and concluded that some would be muted by the existing raised railroad corridor that physically separates from the residential areas from the site. warranted. The overlay conditions include a prohibition on the construction of Electric Substations and Switch Stations and a requirement for a Type C Buffer between any new development and the west property boundary. The Type C Buffer includes a fifteen-foot strip planted with trees and twenty shrubs per one hundred linear feet and is intended to minimize potential nuisances such as light, noise, glare, dust, parking, and storage and to provide a transition between uses. DEVELOPER ENGAGEMENT DISLCOSURES None. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Site Location Map 4. Existing Zoning Map 5. Future Land Use Map 6. Proposed Zoning Map 7. Proposed Permitted Uses 8. Notification Map and Responses 9. Planning and Zoning Commission Meeting Minutes 10. Presentation 11. Draft Ordinance Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Julie Wyatt Senior Planner S:\\Legal\\Our Documents\\Ordinances\\19\\Ordinance Z18-0023.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE ZONING DISTRICT AND USE CLASSIFICATION FROM REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) DISTRICT TO EMPLOYMENT CENTER INDUSTRIAL (EC-I) DISTRICT WITH OVERLAY CONDITIONS, ON APPROXIMATELY 8.7 ACRES OF LAND, AND A CHANGE IN THE ZONING DISTRICT AND USE CLASSIFICATION FROM REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC- N) DISTRICT TO EMPLOYMENT CENTER INDUSTRIAL (EC-I) DISTRICT WITH OVERLAY CONDITIONS, ON APPROXIMATELY 7.7 ACRES OF LAND, ALL OF WHICH IS GENERALLY LOCATED AT THE NORTHWEST CORNER OF WORTHINGTON DRIVE AND SCHUYLER STREET IN IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. (Z18-0023) WHEREAS, Aimee Bissett., has applied for a zoning change on approximately 16.4 acres incorporated herein by reference WHEREAS, on January 9, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have duly held full and fair hearings to all citizens and property owners interested in this regard, and have recommended approval 7-0 of the change in zoning district and use classification; and WHEREAS, on February 5, 2019, 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, and accordingly, the City Council of the City of Denton 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 Regional Center Commercial Neighborhood (RCC-N) and Regional Center Commercial Downtown (RCC-D) Districts to the Employment Center Industrial (EC-I) District, with the following overlay conditions: 1. Electric Substations and Switch Stations are not a permitted use 2. A Type C Buffer is required between any new private improvements and the west property boundary. A Type C Buffer is a fifteen (15) foot planted strip that includes a combination of six (6) evergreen and deciduous trees and twenty (20) shrubs per one hundred (100) linear feet. 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 remaining 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 limited 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 ___________________, 2019. __________________________________ CHRIS WATTS, MAYOR ATTEST: RACHEL WOOD, INTERIM CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY:/s/Jerry E. Drake, Jr. Exhibit A Legal Description Tract 1: BEING ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE JB.B.B. AND C.R.R. COMPANY SURVEY, ABSTRACT NUMBER 141 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, BEING THE REMNANT OF THAT CERTAIN TRACT OF LAND CONVEYED BY DEED FROM JON WENDELL MARSHALL AND WIFE, JACQUELYN LOUISE MARSHALL TO ROYCE G. HULL AND WIFE, JANIE M. HULL, TRUSTEES RECORDED IN VOLUME 990, PAGE 183, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON ROD FOUND FOR CORNER IN THE EAST LINE OF THE A.T. AND S.F. RAILROAD COMPANY RIGHT-OF-WAY, SAID POINT BEING THE NORTHWEST CORNER OF ALL OF LOT 4, BLOCK A OF HULL ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET U, PAGE 772, PLAT RECORDS, DENTON COUNTY, TEXAS; THENCE N 33 ° 18'03"W, 333.41 FEET WITH SAID EAST LINE OF SAID RAILROAD RIGHT-OF-WAY TO AN IRON ROD FOUND FOR CORNER, SAID POINT BEING THE SOUTHWEST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED BY DEED FROM DAVID ANGEL AND JULIE ANGEL TO MATTHEW G. TURNER RECORDED UNDER DOCUMENT NUMBER 2008-108672, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE S 89° 55'26" E, 1281.99 FEET WITH THE SOUTH LINE OF SAID TURNER TRACT TO AN "X" IN CONCRETE IN WORTHINGTON DRIVE, A PUBLIC ROADWAY HAVING A PROPOSED RIGHT-OF-WAY OF 60.0 FEET; THENCE S 00° 31'33"W, 253.00 FEET WITH SAID WORTHINGTON DRIVE TO AN "X" IN CONCRETE FOR CORNER; THENCE S 89° 40'53"W, 30.01 FEET TO AN IRON ROD SET FOR CORNER IN THE WEST LINE OF SAID WORTHINGTON DRIVE; THENCE S 00° 31'35"W, 333.42 FEET WITH SAID WEST LINE OF SAID WORTHINGTON DRIVE TO AN IRON ROD SET FOR CORNER, SAID POINT BEING THE NORTHEAST CORNER OF SAID HULL ADDITION LOT 4, BLOCK A; THENCE N 89° 29'00"W, 1066.34 FEET WITH THE NORTH LINE OF SAID HULL ADDITION TO THE PLACE OF BEGINNING AND CONTAINING 7.684 ACRES OF LAND. Tract 2: Being Lot 4, Block A, of Hull Addition, an Addition to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet U, Page 772, Plat Records, Denton County, Texas. Planning Report Z18-0023/Worthington Truckport City Council District #3 City Council February 5, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from Regional Center Commercial Downtown (RCC-D) district to Employment Center Industrial (EC-I) district with overlay conditions on approximately 8.7 acres of land, and a change in the zoning district and use classification from Regional Center Commercial Neighborhood (RCC-N) district to Employment Center Industrial (EC-I) district with overlay conditions on approximately 7.7 acres of land, all of which is generally located at the northwest corner of Worthington Drive and Schuyler Street in in map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability and establishing an effective date. The Planning and Zoning Commission voted 7-0 to approve the request. (Z18-0023, Worthington Truckport, Julie Wyatt) BACKGROUND: The applicant, Aimee Bissett, is requesting approval of a zoning change on two parcels. The south lot (8.7 acres) is zoned Regional Center Commercial Downtown (RCC-D) District, and the north tract (7.7 acres) is zoned Regional Center Commercial Neighborhood (RCC-N) District. The applicant is requesting a rezoning to Employment Center Industrial (EC-I) District to consolidate zoning on the entire 16-acre site to facilitate a self-service storage use and future development. SITE DATA The entire site contains approximately 16 acres across two parcels. The south 8.7 acres is developed with two multi-tenant buildings, parking, and outdoor storage. The north 7.7 acres is undeveloped; however, the property owner has indicated that the intent of the proposed rezoning is to expand the existing development. Primary uses in the surrounding area include commercial, institutional, and industrial. Historically, the zoning pattern anticipated a commercial center located near the subject property, resulting in the current RCC-D and RCC-N Districts, but as other areas of the City have emerged as retail and service hubs, the subject property and surrounding area have transitioned to employment-related and light-industrial development. A large-lot single-family residential development is located to the west of the subject site; however, it is separated by an elevated railroad corridor and no vehicular connection is proposed. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning : RCC-N & RD-5X Zoning : RCC-N Zoning : RCC-D & RCC-N Land Use: Undeveloped Land Use: Single-Family & Land Use: Commercial & Undeveloped Institutional Uses West: East: Zoning : RD-5 X & NR-2 Zoning : EC-I & RCC-N SUBJECT PROPERTY Land Use: Single-Family Land Use: Commercial & Institutional Uses Southwest: South: Southeast: Zoning : NR-2 Zoning : RCC-D and IC-G Zoning : EC-I Land Use: Single-Family Land Use: Undeveloped & Land Use: Institutional, Industrial Uses Commercial & Industrial Uses CONSIDERATIONS: 1. Section 35.3.4.B of the DDC provides the following criteria for approval of rezoning request: a. The proposed rezoning conforms to the Future Land Use element of The Denton Plan 2030. Per the Denton Plan 2030, the Future Land Use designation of the subject property -planned, larger scale office and employment parks with supporting uses such as retail, hotels, and residential. Primary uses include office, research and development, and light manufacturing. This designation is proposed in areas that are in close proximity to commercial use areas and employment hubs so that future development may build from this proximity and create a critical mass for economic development. This mix of associated commercial and light industrial uses permitted in the proposed EC-I District meets intent of Business Innovation, as it encourages employment centers with related commercial uses. It is anticipated that growth in the area, particularly between the railroad tracks and the interstate, will include warehouse, light manufacturing, and commercial development, complementing the commercial uses to the east along I-35 and the light industrial and office uses to the south. Based upon these factors, the uses permitted EC-I District are not incompatible with the properties to the west of the subject site. Additionally, Denton Plan 2030 includes a discussion of the general area at West University Drive and I-35 as a Travel Center Focus Area, which may be the subject of a future small area plan to ensure the design principles are met. These principles are outlined in Section 4.17.3 and encompass land uses to support the freight industry, screening at the right-of-way, development oriented to reduce conflicts with adjacent sensitive uses, and buffering. b. The proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, other public requirements, and public convenience. drainage, and infrastructure requirements. Impact fees for water, wastewater, roadways, and parks are assessed at the time of development. As part of the requested rezoning, the applicant provided a trip-generation analysis. The scope of the analysis anticipates a storage use on the undeveloped 7.7 acre tract. According to the analysis, the proposed development would generate 95 trips during a 24-hour weekday, with peak hour traffic of 20 trips. This number of trips does not trigger a full Traffic Impact Analysis. Situated approximately 700 feet from I-35, the site has indirect access to the interstate and West University Drive, but does not directly connect to the neighborhoods to the west. 2. The proposed EC-I District is a logical continuation of the surrounding EC-I District, permitting a combination of office, light industrial, warehouse, and commercial uses. This broad variety of uses permitted in EC-I would allow the subject property to respond to future market conditions and trends. 3. On January 3, 2019, the applicant held a neighborhood meeting, which was attended by three residents. The primary concerns regarding the proposed rezoning included negative drainage impacts to surrounding property, traffic within Ranch Estates, and screening of parking on the subject site. 4. Changes in zoning and associated new development should be sensitive and compatible to the surrounding built and natural context in scale and form. In this case, analysis of the request should consider not only the adjacent industrial and commercial uses, but also the residential area within proximity of the subject site. Bearing the potential impacts of employment-related zoning near residential areas in mind, analysis of the request included potential traffic, noise, and light emanating from the subject property: a. The subject site is corralled between the interstate highway and a railroad corridor, physically separated from the neighborhood by an earthen berm, with no potential for direct access to the residential streets. b. While EC-I District does permit more industrial development than the existing zoning, the uses are generally lower-impact such as warehouses and light- industrial. Furthermore, if the request is approved, some of the high-impact uses such as motels and movie theaters permitted in the existing zoning would no longer be permitted. c. Development scale between the existing zoning and the proposed zoning is comparable: RCC-D District permits a maximum lot coverage of 90 percent, and a maximum building height of 100 feet; RCC-N and EC-I Districts permit a maximum lot coverage of 85 percent and a maximum building height of 65 feet. d. Additionally, if approved, any new development would be required to meet the minimum tree canopy of 30 percent, which would result in additional tree plantings which could mute visual and noise impacts to surrounding properties. STAFF RECOMMENDATION: The Planning and Zoning Commission recommended approval with the following condition (7-0): 1. Electric Substations and Switch Stations are not a permitted use. 2. A Type C Buffer is required between any new private improvements and the west property boundary. A Type C Buffer is a fifteen (15) foot planted strip that includes a combination of six (6) evergreen and deciduous trees and twenty (20) shrubs per one hundred (100) linear feet. Staff recommended approval of this request. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, eleven notices were sent to property owners within 200 feet of the subject property, twenty 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. Staff has received six responses from nearby residents; however, most of the responses are from properties outside the 200-foot boundary, resulting in 1 percent opposition within 200 feet of the subject property. Z18-0023 Site Location HAMPTON TIESZEN 02555101,020 Feet SITE µ Parcels Roads Date: 10/9/2018 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. Z18-0023 Existing Zoning Map ETJ PD RCC-N RD-5X NRMU NR-4 NR-6 HAMPTON IC-G NR-3 TIESZEN EC-I RCC-D NRMU-12 NR-2 CM-G EC-C IC-E 02555101,020 Feet SITECM-GIC-ENR-4PD µ EC-CIC-GNR-6RCC-D Zoning Overlay EC-INR-2NRMURCC-N Parcels ETJNR-3NRMU-12RD-5X Roads Date: 10/9/2018 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. Z18-0023 Future Land Use Map Business Innovation Low Residential HAMPTON TIESZEN Regional Mixed Use 02555101,020 Feet SITERegional Mixed Use Future Land Use µ Business Innovation Low Residential Parcels Industrial Commerce Moderate Residential Roads Date: 10/9/2018 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. Z18-0023 Proposed Zoning Map ETJ PD RCC-N RD-5X NRMU NR-4 NR-6 HAMPTON IC-G NR-3 TIESZEN EC-I RCC-D NRMU-12 NR-2 CM-G EC-C IC-E 02555101,020 Feet SITECM-GIC-ENR-4PD µ EC-CIC-GNR-6RCC-D Zoning Overlay EC-INR-2NRMURCC-N Parcels ETJNR-3NRMU-12RD-5X Roads Date: 10/9/2018 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. /ƚƒƦğƩźƭƚƓ ƚŅ tĻƩƒźƷƷĻķ ƭĻƭ w//Ώbw//Ώ59/ΏL wĻƭźķĻƓƷźğƌ ƭĻƭ Accessory Dwelling UnitsNNN AgriculturePPP Attached Single-family DwellingsPPN Community Homes for the DisabledPPN DormitoryNNN DuplexesNNN Dwellings above BusinessesPPN Fraternity or Sorority HouseNNN Group HomesSUPSUPN LivestockL(7)L(7)L(7) Live/Work UnitsPPN Manufactured Housing DevelopmentsNNN Multi-family DwellingsL(4)L(4)N Single-family DwellingsNNN w//Ώbw//Ώ59/ΏL /ƚƒƒĻƩĭźğƌ \[ğƓķ ƭĻƭ Administrative or Research FacilitiesL(14)PP Auto and RV SalesNPP BarPPP Bed and BreakfastL(9)PN Broadcasting or Production StudioPPP Commercial Parking LotsPPP Drive-Through FacilityPPP Equestrian FacilitiesNNN HotelsPPP Home OccupationPPN Indoor RecreationPPP Laundry FacilitiesPPP Major Event EntertainmentSUPSUPSUP Medical OfficeL(14)PP MotelsPNN Movie TheatersPPN Outdoor RecreationNNN Private ClubPPP Professional Services and OfficesPPP Quick Vehicle ServicingPPP RestaurantPPP Retail Sales and ServiceL(13)PL(18) Sale of Products Grown on SiteNNN Self-service StorageNNP Sexually Oriented BusinessNNN Temporary UsesL(38)L(38)L(38) Vehicle RepairNPP w//Ώbw//Ώ59/ΏL LƓķǒƭƷƩźğƌ \[ğƓķ ƭĻƭ BakeriesL(21)PP Compressor StationsNNN Construction Materials SalesNNP Craft Alcohol ProductionSUPL(12)P Distribution Center/Warehouse, GeneralNNP Feed LotsNNN Food ProcessingNNN Gas WellsL(27)L(27)L(27) Heavy ManufacturingNNN Junk Yards and Auto WreckingNNN KennelsNNP Light ManufacturingNL(23)P Manufacture of Non-Odiferous FoodsNNP Printing/PublishingNNP Sanitary Landfills, Commercial Incineratiors, NNN Transfer Stations Veterinary ClinicsL(14)PP Warehouse, RetailL(13)L(13)P Wholesale NurseriesNNL(32) Wholesale SalesNNP Wrecker Services and Impound LotsNNSUP L(29) w//Ώbw//Ώ59/ΏL LƓƭƷźƷǒƷźƚƓğƌ \[ğƓķ ƭĻƭ Adult or Child Day CarePPP Basic UtilitiesSUPSUPP Business/Trade SchoolL(14)PP CemeteriesNNN ChurchesPPP CollegesPPP Community ServicePPP Conference/Convention CentersPPSUP Elderly HousingPPN Electric Substations & Switch StationsL(43)L(43)P High SchoolPPN Hospital ServicesPPN Kindergarten, Elementary SchoolPNN Medical ClinicPPN Middle SchoolPPN MortuariesPPP Parks and Open SpacePPP Semi-Public Halls, Clubs, and LodgesPPP WECS (building mounted)SUPSUPSUP WECS (freestanding monopole)SUPSUPSUP w//Ώbw//Ώ5 9/ΏL DĻƓĻƩğƌ wĻŭǒƌğƷźƚƓƭ Minimum Lot Area NoneNone2,500 Minimum Lot Width 20 feetNone50 feet Minimum Lot Depth50 feetNone50 feet Maximum Density 80100NA Maximum Lot Coverage85%90%85% Minimum Landscaped Area 15%10%15% Maximum Building Height65 feet100 feet65 feet L(4) = Multi-family is permitted only:1. With a Specific Use Permit; or 2. As part of a Mixed-Use Development; or 3. As part of a Master Plan Development, Existing; or 4.If the development received zoning approval allowing multi-family use within one (1) year prior to the effective date of Ordinance No. 2005-224; or 5. If allowed by a City Council approved neighborhood (small area) plan. L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one (1) per each acre over three (3). L(8) = Travelers' accommodations, are permitted, provided that: 1. The business-owner or manager shall be required to reside on the property occupied by the accommodation, or adjacent property. 2. That each accommodation unit shall have one (1) off-street parking space, and the owners shall have two (2) parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Chapter. 3. That only one (1) ground or wall sign, constructed of a non-plastic material, non-interior illuminated of four (4) sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation. 4. That the number of accommodation units allowed shall be proportional to the permitted density of the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler's accommodations. 5. All traveler's accommodations shall be within two hundred (200) feet of a collector or arterial. Street designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. 6. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least four hundred (400) sq. ft. of gross interior floor space remaining per unit. 7. Traveler's accommodations are limited to no more than eight (8) guest units. L(9) = All restrictions of L(8), but limited to no more than fifteen (15) guest units. L(12) = On-premise consumption or retail sales and shall limit the use to no more than ten thousand (10,000) square feet of gross floor area for production, bottling, packaging, storing, and other manufacturing related activities, and additional square footage shall require a Specific Use Permit. L(13) = Uses are limited to no more than fifty-five thousand (55,000) square feet of gross floor area per lot. L(14) = Uses are limited to no more than ten thousand (10,000) square feet of gross floor area. L(18) = Uses are permitted only in association with Gas Stations and are limited to no more than five thousand (5,000) square feet of gross floor area except adjacent to I-35 then uses are limited to ten thousand (10,000) square feet of gross floor area. L(23) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed five thousand (5,000) square feet. L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. (29) = Wrecker Services and Impound Lots must comply with the following provisions: 1. The subject lot shall comply with the provisions of the Texas Administrative Code, regarding Vehicle Storage Facilities. 2. Lot Screening: All stored vehicles shall be opaquely screened from all rights-of-way and residential uses and zoning districts. 3. Parking and vehicle storage areas associated with wrecker services and impound lots activities are not allowed within undeveloped floodplain, 4. Best management practices addressing stormwater quality must be implemented and maintained on site. Management practices must attain the pollutant removal capabilities recommended for parking areas in the Integrated Storm Water Management (ISWM) Manual, as published by the North Central Texas Council of Governments, or similar practices consistent with low impact development (LID) approaches. L(32) = Not allowed to locate adjacent to an arterial and within one thousand (1,000) feet as measured from the nearest property line of a sexually oriented business to the nearest property line of any other sexually oriented business, adult or child daycare, any elderly housing facility, hospital, any residential use, public open space. L(43) = Electric Substations and Switch Stations are permitted subject to the following criteria: 1. An applicant shall be required to submit an application for a Specific Use Permit pursuant to Subsection 35.6 in accordance with procedures set forth in Subsection 35.3.4 unless it is able to meet the following requirements: A. Use of the property is associated with a City Council approved Capital Improvements Plan (CIP) or other City Council approved Master Plan; and B. A public hearing was held at the City Council for the selection of the site to include: i. Written notice of the public hearing was provided to property owners within two hundred (200) feet and physical addresses within five hundred (500) feet of the subject property at least twelve (12) days prior to public hearing; and Written notice of the public hearing was provided to property owners within two hundred (200) feet and physical addresses within five hundred (500) feet of the subject property at least twelve (12) days prior to public hearing; and ii. A sign advertising the public hearing was posted on or adjacent to the property at least twelve (12) days prior to the public hearing. C. A neighborhood meeting was held at least fifteen (15) days prior to the public hearing at City Council for the acquisition of the site. 2. All Electric Substations or Switch Stations shall comply with the following development requirements: 1. The proposed electric substation or switch station shall substantially comply with all of the development and regulatory standards established in Subchapter 24; and 2. A site plan demonstrating substantial conformance with all the applicable design standards identified in Subchapter 24 shall be submitted. L(38) = Must meet the requirements of Section 35.12.9. Z18-0023 Notification Response Map 500ft Buffer 200ft Buffer HAMPTON TIESZEN 02555101,020 Feet SITECOD In Favor µ ETJ Parcels Neutral NAA 8/1/20 Roads Opposed Date: 1/29/2019 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. Wyatt, Julie From:Rebecca Sills <rsills1018@gmail.com> Sent:Friday, December 28, 2018 1:35 PM To:Wyatt, Julie Subject:Denton Truckport Rezoning Request concern request denial Ms.Wyatt, WereceivedaflyerinthemailfortworezoningrequestforDentonTruckportwhichwillrezoneatotalof16.4 acres.ThepropertyextendsbetweenMarshalLaneandMesaDr. Therezoningrequestgreatlyconcernsmeandmyfamily.WeliveintheresidentialsubdivisionRanch Estates.Dailywenavigateoverlycautiousduetothecurrenttrafficofsemirockhaulersandfreightsemi truckscommutinghighway380.TheRockHaulersemitrucksareaggressivedrivers,exceedingthespeedlimit onhighway380makingitunsafeanddifficultforthecommunityofRanchEstatestonavigateinandoutof oursubdivision.Oftenthefreightsemitrucksbecomelostinoursubdivisionblockingourroadsandgetting stuckonourdeadinroadlocatedatMarshalandHampton.Therearenoindustrialpropertiesinour subdivision.Pleasetrytoenvisionafreightsemitrucktryingtonavigateanunmarkedtwolanesubdivision road. MyhusbandandIhavelivedinourhomeforthreeyears.Duringthisthreeyearsourhomewasannexedinto thecitylimits.Highway380Roadconstructionandlackofpropersignedcausedourneighborswifetobe struckandkilled.TheͻƩĻķĻƭźŭƓźƓŭͼof380removeourturnlane,nowitisunsafeforustoturnintoour subdivisionfromhighway380.Iwelcomeanynumberofpersontotryandturnoff380tomarshallanewith notrafficlightandnoturnlanewhilepassingvehiclesaredrivingupaggressivelyandhonkingbecauseweare turningintooursubdivision.Thecityapprovaltoallowadoublewidemanufacturedhomemovedinasa permanentresidencesettingonconcreteblocksasapermanentstructuresinthefrontyardfacingthe notmakeanyadditionalapproved road.Tacky.WhenmyhusbandandIbegantothinkthatthecitycould changesthatendangeredourlivesordecreasedourhomevalue.Hereweareyetagainfacedwithanother horrificrezoningrequest. Toprovidealittleinsightastowhatwecurrentlylivewith.Everynightthenoisefromtheindustrialparkat Mesadr.isalreadybarelytolerablewiththeboomingandbangingechoingthroughoursubdivisionall night.InadditionthedangerousdifficultyofnavigatingHighway380withthecurrentamountofsemitrucks utilizingtheroad.Thedangersofthesemitrucksdrivinginoursubdivisionthatwecurrentlydealwithnow. Ifthisrezoningrequestisapproved,thiswillincreasethenumberofsemitrucksdrivinginoursubdivision whichwillmakeourhomesunsafe.Therezoningwillincreasethenumberofsemitruckscommunicating380 to35whichwillcreatemoretrafficanddelaysforthedriverstravelingHWY380toHWY35.Theroadsand theareasurroundingthelandplotarenotdesignedforthenumberoftrucksthatwillbecomingin out.Trafficwillincreaseandsafetywilldecrease. Sincerely, RebeccaSills 1 Wyatt, Julie From:Poirot, Jim <Jim.Poirot@unt.edu> Sent:Wednesday, December 26, 2018 9:20 PM To:Wyatt, Julie Subject:Change in Zoning Project Number z18-0023 WeareresidentsofRanchEstatesat3801Hampton.Ourpropertyisdirectlyacrossthetraintracksfromthepropertyin question.Ourconcernsareprimarilyofnoiseandtraffic. Asweunderstand,trafficwillnotbeimpactedsincethetraintrackseparatesthepropertyfromRanchEstates. Noiseisamajorconcern.CurrentlythebusinessesadjacenttoWorthington,particularlythosewithheavytrucks,have createdsignificantnoise.WeunderstandthatcurrentusageofͻƷƩǒĭƉƦğƩƉźƓŭͼmaybeexpandedwithparkinggetting closertoourproperty. Weaskthatthecitybeprotectiveofourresidentialneighborhoodsandlimitusageofadjacentpropertywhichhas minimalimpactuponresidentialneighborhoods. Sincerely,JimandPeggyPoirot 1 Wyatt, Julie From:Bonnie Solomon <bonflash@aol.com> Sent:Friday, December 28, 2018 7:59 PM To:Wyatt, Julie Subject:Re: Ranch Estates Ms. Wyatt, Thank you so much for getting back to me, and for the good news! I really appreciate that. Sometimes we here at Ranch Estates feel like a neglected child. Come look at our roads sometime, and you'll see what I mean. Yet all of us pay county AND city taxes, and live with the bare minimum of roads, much less sidewalks. Again, thanks so much for your quick response!! Bonnie Solomon -----Original Message----- From: Wyatt, Julie <Julie.Wyatt@cityofdenton.com> To: Bonnie <bonflash@aol.com> Sent: Fri, Dec 28, 2018 2:21 pm Subject: RE: Ranch Estates Good afternoon, Thank you for your email. I am not aware of any new connections between your neighborhood and Mesa Drive—in this case, the railroad track functions as a barrier, as very few crossings are permitted. There is a proposed rezoning for approximately 16 acres on Worthington Drive (see attached aerial map). They are requesting an Employment Center Industrial (EC-I) district with access to Worthington only. There are no rezoning requests for your neighborhood, just the 16 acres to the east. th The item is scheduled for a public hearing at the January 9 Planning and Zoning Commission meeting—I have attached a letter which provides the meeting time and location. Once the Planning and Zoning Commission has made a recommendation, the item will be scheduled for City Council for approval or denial. Please let me know if I can provide further information. If you have concerns regarding the proposed rezoning, please email me, and I will provide the information to the Planning and Zoning Commission and City Council. Additionally, you can attend the public hearings and speak about the case. We really appreciate hearing from the public. Thank you very much! Julie Wyatt| Senior Planner Department of Development Services | Planning Division Office: (940) 349-8585 | Fax: (940) 349-7707 julie.wyatt@cityofdenton.com 215 W. Hickory Street, Denton, Texas 76201 www.cityofdenton.com From: Bonnie \[mailto:bonflash@aol.com\] Sent: Friday, December 28, 2018 2:04 PM 1 To: Wyatt, Julie <Julie.Wyatt@cityofdenton.com> Subject: Ranch Estates Just curious if the rumors I’m hearing about my neighborhood are true. We’re hearing that the land that abuts on Mesa drive will soon be connected to us near the railroad. Also, we’ve heard that our whole neighborhood zone could be changed to industrial. What does this do to our property values if this is true? Thanks for any help! Bonnie Solomon 1906 N. Lariat Rd Sent from Mail for Windows 10 2 Chair Rozell requested if there are any timelines on future traffic lights or road improvements that can be provided during the Regular Meeting. Ricard Cannone, Deputy Director of Development Services, stated there are currently no timelines available. Chair Rozell called a recess at 5:55 p.m. Chair Rozell reconvened at 6:03 p.m. Hayley Zagurski, Senior Planner presented Public Hearing item 5B. Zagurski stated the request is to assign an initial zoning designation of Neighborhood Residential 4 (NR-4) on approximately 86 acres of land and to rezone approximately 6 acres of land from Neighborhood Residential 2 (NR- 2) to NR-4. Chair Rozell questioned what the delay is with Hickory Creek Road being updated. Zagurski stated the Applicant will be required to improve Hickory Creek Road along the frontage of the site and extend Creekdale Drive to the west. Zagurski continued there currently are two Capital Improvement Projects (CIP) planned for Hickory Creek Road. Julie Wyatt, Senior Planner presented Public Hearing item 5C. Wyatt stated the request is to rezone from Regional Center Commercial Downtown (RCC-D) to Employment Center Industrial (EC-I) on approximately 8.7 acres of land and a change in the zoning district and use classification from Regional Center Commercial Neighborhood (RCC-N) to EC-I on approximately 7.7 acres of land. Commissioner Beck requested Wyatt to address the concerns of noise impact. Wyatt stated uses within the EC-I, RCC-D, and RCC-N are all comparable in the generation of noise and light; the site in question has a regional drainage site on the west side of the property, and the site has to have 30 percent of tree canopy that will help mute noise. Commissioner Smith questioned what the applicant means by storage use. Wyatt stated they are anticipating the storage of trucks. Chair Rozell closed Work Session at 6:25 p.m. REGULAR MEETING The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, January 9, 2019 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time the following items were considered: Chair Rozell opened the Regular Meeting at 6:34 p.m. 1.PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag Ќ C.Hold a public hearing and consider making a recommendation to City Council regarding a RREC Denton Truckport, LLC and 428 Diamond LLC for a change in the zoning district and use classification from Regional Center Commercial Downtown (RCC-D) to a Employment Center Industrial (EC-I) on approximately 8.7 acres of land and a change in the zoning district and use classification from Regional Center Commercial Neighborhood (RCC-N) to Employment Center Industrial (EC-I) on approximately 7.7 acres of land generally located at the northwest corner of Worthington Drive and Schuyler Street in the City of Denton, Denton County, Texas. (Z18-0023, Worthington Truckport, Julie Wyatt). Chair Rozell opened the Public Hearing. Commissioner Cole recused himself from the item. Julie Wyatt, Senior Planner presented Public Hearing item 5C. Wyatt stated the request is to rezone from Regional Center Commercial Downtown (RCC-D) to a Employment Center Industrial (EC- I) on approximately 8.7 acres of land and a change in the zoning district and use classification from Regional Center Commercial Neighborhood (RCC-N) to EC-I on approximately 7.7 acres of land. The following individuals spoke during the Public Hearing: Amiee Bissett, 212 S Elm, Denton, Texas 76201. Supports the request. Alex Payne, 212 S Elm, Denton, Texas 76201. Supports the request. Dan Hite, 3800 Hampton Road, Denton, Texas 76207. Opposed to the request. Rebecca Hite, 3800 Hampton Road, Denton, Texas 76207. Opposed to the request. Ann Smith, 2313 Cindy Lane, Denton, Texas 76207. Opposed to the request. Paul Carr, 3805 Hampton Road, Denton, Texas 76207. Opposed to the request. Ann Smith read a letter from Jim Poirot, 3801 Hampton Road, Denton, Texas 76207 into the record who is opposed to the request. Amiee Bissett, the applicant, provided a brief presentation. Bissett stated the developer will commit to a type C landscape buffer along the back side of 2501 Worthington Drive. Commissioner Beck questioned if there would be any new warehousing added. Bissett stated they do intend to put a small warehouse that is roughly 6,000 square feet, and that is primarily because the storage use of truck parking is an accessory use and there has to be a primary use on the actual lot. Commissioner Ellis questioned if the applicant would be willing to eliminate the use of an electrical substation from the allowed uses. Bissett stated she would defer the question to the property owner. Alex Payne, the developer, clarified Commissioner Beck and Chair Rozell questions and concerns regarding access and noise control. Payne stated there are no issues with restricting the Electric Substation use. В Chair Rozell questioned when this item comes back for preliminary and final platting, it will be required to meet City of Denton’s requirements for drainage and detention of water. Wyatt stated yes it would be reviewed by the engineering department to make sure all requirements are met. Chair Rozell closed the Public Hearing. Commissioner Tim Smith motioned, Commissioner Larry Beck seconded to approve Public Hearing item 5C with the type C landscape buffer along the back side of the property per the applicants request as well as remove the use of the electric substation use. Motion approved (6-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". Commissioner Jason Cole “recused”. 6.PLANNING & ZONING COMMISSION PROJECT MATRIX A.Planning and Zoning Commission project matrix. Richard Cannone, Deputy Director of Development Services, provided updates to the matrix. Commissioner Ellis requested City staff to reach out to the residents of Ranch Estates and update them on future mobility in the area. Commissioner Ellis also requested a list of current capital improvements and also in the near future have Engineering attend a Work Session to discuss upcoming road improvements. Commissioner Beck requested an update on the mobility plan. Chair Rozell requested Denton Independent School District to present. Commissioner Rozell questioned if there is away for the Commission to get involved to help plan development in northern Denton near Sherman Drive. Cannone requested to discuss small area plans for rural areas. Chair Rozell closed the Regular Meeting at 10:39 p.m. ЊЉ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:Z18-0017c,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,assigninganinitial zoningclassificationandusedesignationofNeighborhoodResidential4(NR-4)onapproximately86acresof land,andrezoningapproximately6acresoflandfromtheexistingNeighborhoodResidential2(NR-2)zoning classificationandusedesignationtoaNeighborhoodResidential4(NR-4)zoningclassificationanduse designation;allgenerallylocatedbetweenCreekdaleDriveandHickoryCreekRoad,eastoftherailroadtracks inthecityofDenton,DentonCounty,Texas;adoptinganamendmenttothecity’sofficialzoningmap; providingforapenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingforseverability and establishing an effective date. (Z18-0017, Lakeside Place, Cindy Jackson). City of DentonPage 1 of 1Printed on 2/1/2019 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: February 5, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the city of Denton, Texas, assigning an initial zoning classification and use designation of Neighborhood Residential 4 (NR-4) on approximately 86 acres of land and rezoning approximately 6 acres of land from a Neighborhood Residential 2 (NR-2) zoning classification and use designation to a Neighborhood Residential 4 (NR-4) zoning classification and use designation; generally located between Creekdale Drive and Hickory Creek road, east of the railroad tracks in the city of Denton, Denton C map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability and establishing an effective date. (Z18-0017, Lakeside Place, Cindy Jackson) BACKGROUND The applicant is requesting to zone over 92 acres to the Neighborhood Residential 4 (NR-4) zoning district. This includes an initial zoning designation of Neighborhood Residential 4 (NR-4) on approximately 86 acres of land and a request to rezone approximately six acres of land from Neighborhood Residential 2 (NR-2) to Neighborhood Residential 4 (NR-4) to facilitate the development a single family residential development. The annexation of 86 acres of the site was completed on November 27, 2019. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny 4. Postpone Consideration 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this request (5-2). PRIOR ACTION/REVIEW (Council, Boards, Commissions) On November 27, 2018, the City Council approved the annexation of 86 acres of the subject site into the city limits. On January 9, 2019, the Planning and Zoning Commission recommend approval of a request to assign an initial zoning designation of Neighborhood Residential 4 (NR-4) on approximately 86 acres of land and rezone approximately 6 acres of land from a Neighborhood Residential 2 (NR-2) district to a Neighborhood Residential 4 (NR-4) zoning district. DEVELOPER ENGAGEMENT DISCLOSURES None. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Site Location Map 4. Existing Zoning Map 5. Proposed Zoning Map 6. Future Land Use Map 7. Comparison of Existing Uses 8. Notification Map 9. Planning and Zoning Commission Meeting Minutes 10. Draft Ordinance Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Cindy Jackson, AICP Senior Planner S:\\Legal\\Our Documents\\Ordinances\\19\\Z18-0017 Ordinance.docx ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ASSIGNING AN INITIAL ZONING CLASSIFICATION AND USE DESIGNATION OF NEIGHBORHOOD RESIDENTIAL 4 (NR- 4) ON APPROXIMATELY 86 ACRES OF LAND, AND REZONING APPROXIMATELY6 ACRES OF LAND FROM THE EXISTING NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING CLASSIFICATION AND USE DESIGNATION; ALL GENERALLY LOCATED BETWEEN CREEKDALE DRIVE AND HICKORY CREEK ROAD, EAST OF THE RAILROAD TRACKS IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITYS OFFICAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY AND ESTABLISHINGAN EFFECTIVE DATE. (Z18-0017) WHEREAS, Abra Nusser, representing Calvert Paving Corp., has applied for an initial zoning classification and use designation of NR-4 on approximately 86 acres of land, and to rezone approximately six acres of land from the existing Neighborhood Residential 2 (NR-2) zoning classification and use designation to a Neighborhood Residential 4 (NR-4) zoning classification and use designation on land legally described in Exhibit A, and depicted in Exhibit B, attached hereto and incorporated herein by reference (hereinafter, the Property; and WHEREAS, on January 9, 2019, 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 to all property owners and citizens interested inthis regard, recommended approval of the requested zoning district classification and use designation by a vote of (5 2); and WHEREAS, on February 5, 2019, 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 initial assignment and change in the zoning classification and use designation of the property, determined that the proposed use is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton 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 ordinanceare incorporated herein by reference and found to be true. SECTION 2. The initial zoning district classification and use designation for 86 acres of the Property is hereby assigned as Neighborhood Residential 4 (NR-4), and the zoning district classification and use designation of approximately six acres of the Property is hereby changed from Neighborhood Residential 2 (NR-2) to Neighborhood Residential 4 (NR-4). SECTION 3. The City official zoning map is hereby amended to show the change in the zoning district classification and use designation. 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 ofthe remaining 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. 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 limited 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 byand 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 theday of, 2019. CHRIS WATTS, MAYOR ATTEST: RACHEL WOOD, INTERIM CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: /s/Jerry E. Drake, Jr. Exhibit A LEGAL DESCRIPTION 92.013ACRES BEING a tract of land situated in theN. 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 ofland 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 all of that tract of land described in Deed to E.D. Calvert, as recorded in Document No. 2006-102657, Deed Records, Denton County, Texas and being more particularly described as follows: BEGINNING 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 comer of said E.D. Calvert tract and southwest comer 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 1,254.33 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "NC" set in the west line of that tract ofland described in Deed to Ernest Ryan Higginbotham, as recordedin Document No. 2003-206760, Deed Records, Denton County, Texas for the common southeast comer of said Addition and northeast comer of said Calving 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 ofsaid 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 112 inch iron rod with a yellow plastic cap stamped "NC" set for the common southwest comer of said Ernest Ryan Higginbotham tract and northwest comer 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 1/2 inch iron rod with a yellow plastic cap stamped "NC" set for the common northeast comer of said Tract No. Two and northwest comer of that tract of land described as Tract1 in Deed to 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: Legal Description.doc Page 1 of2 South 01 degrees 18 minutes 11 seconds West, leaving said common line, a distance of 2,115.10 feet to a 112 inch iron rod with a yellow plastic cap stamped "NC" set for the southwest comer 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 112 inch iron rod with a yellow plastic cap stamped "NC" set for the northwest comer of that tractof 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 112 inch iron rod with a yellow plastic cap stamped "NC" set in the north line of Hickory Creek Road, a variable width right-of-way, for the common southeast comer of said Tract No. Two and southwest comer 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 ata distance of 6.62 feet a mag nail found, and continuing in all for a total distance of 660.82 feetto a 1/2 inch iron rod with a yellow plastic cap stamped "NC" set in the east line of the above mentioned G.C.&S.F. Railroad for the southwest comer 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 112 inch iron rod with a yellow plastic cap stamped "NC" set for comer at the 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 112 inch iron rod with a yellow plastic cap stamped "NC" set for comer; North 35 degrees 19 minutes 58 seconds West, a distance of 1,445.07 feet to the POINT OF BEGINNING and containing 92.013 acres ofland, more or less. Legal Description.doc Page 2 of2 Exhibit B Planning Report Z18-0017/ Lakeside Place City Council District # 4 February 5, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the city of Denton, Texas, assigning an initial zoning classification and use designation of Neighborhood Residential 4 (NR-4) on approximately 86 acres of land and rezoning approximately 6 acres of land from a Neighborhood Residential 2 (NR-2) zoning classification and use designation to a Neighborhood Residential 4 (NR-4) zoning classification and use designation; generally located between Creekdale Drive and Hickory Creek road, east of the railroad tracks in the city of Denton, Denton County, Texas; amount of $2,000.00 for violations thereof; providing for severability and establishing an effective date. (Z18-0017, Lakeside Place, Cindy Jackson) OWNER: Calvert Paving Corporation APPLICANT: Abra Nusser, Ideation Planning BACKGROUND: The applicant is requesting to zone over 92 acres to the Neighborhood Residential 4 (NR-4) zoning district. This includes an initial zoning designation of Neighborhood Residential 4 (NR-4) on approximately 86 acres of land and a request to rezone approximately six acres of land from Neighborhood Residential 2 (NR-2) to Neighborhood Residential 4 (NR-4) to facilitate the development a single family residential development. The annexation of 86 acres of the site was completed on November 27, 2019. SITE DATA: The subject property, located between Creekdale Drive and Hickory Creek Road, east of the railroad tracks, is comprised of five tracts of land. Two of these tracts are the site of the Calvert Paving Corporation. Denton County Appraisal District classifies the remainder of the site as Farm/Ranch and improved pasture. With approximately 906.82 feet of frontage on Hickory Creek Road, and approximately 420 feet of frontage along Creekdale Drive, the site will take access from these two streets. Hickory Creek Road is designated as a Primary Arterial on the Mobility Plan, and Creekdale Drive is designated as a Collector Street. Typically, Primary Arterial roadways require 135 feet of right of way and are designed with three travel lanes in each direction separated by a median. Collectors in residential areas typically require 65-feet of right-of-way, and are designed with two (2) lanes with a center turn lane at full build-out. FEMA flood zone AE is located along the western portion of the site, along the railroad tracks. Both Floodplain ESA and Riparian ESA are located in the same location, which the applicant intends to preserve though the use of cluster/conservation subdivision design. There are three gas well sites located within the ETJ that are in proximity to the subject site. One is located approximately 285 feet from the north property line of the subject site, one is located approximately 500 feet from the western property line on the western side of the rail road tracks and another is located on the east side of the site, approximately 395 feet north of Hickory Creek. Because all are located within the ETJ, the reverse setback does not apply. The applicant however indicated at the Planning and Zoning Commission meeting that they intend to conform to the 250 foot setback. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: NR-3 Zoning: ETJ, NR-3, NR-4 Zoning: NR-4 Use: Single Family Use: Thistle Hills and Ryan Use: Single Family residential subdivision. Meadows Single Family residential subdivisions residential subdivisions and a gas well site. West: Zoning: ETJ Zoning: ETJ, NR-2, CM-G Use: Farm/Ranch, Improved SUBJECT PROPERTY Use: Railroad, Farm/Ranch, Pasture, Gas Well Improved Pasture, Gas Well Southwest: South: Southeast: Zoning: ETJ Zoning: ETJ Zoning: ETJ Use: Railroad, Farm/Ranch, Use: Farm/Ranch, Improved Use: Farm/Ranch, Improved Improved Pasture Pasture Pasture, Gas Well CONSIDERATIONS: a. Section 35.3.4 of the Denton Development Code (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 2030. Per the Future Land Use Map in Denton Plan 2030, the subject property is Low Density Residential to promote single-family housing, with lot sizes ranging from one acre or more in rural fringe a subdivisions. Dwellings in this land use district are generally one to two stories with private driveways and open space, consisting of privately maintained tree canopy and front, back, and side yards. Building and driveway orientation, the location of private garages, building material, and the presence of sidewalks vary by neighborhood and the era of neighborhood development. Generally these types of single-family neighborhoods are developed as distinct subdivisions that are linked by internal circulation systems with limited access to local and connector roads. Appropriate zoning districts for this designation would be Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (NR-2), and Neighborhood Residential 4 (NR-4). The proposed NR-4 is consistent with the Future Land Use Map designation. b. The proposed rezoning facilitates the adequate provision of transportation, water, sewer, schools, parks, other public requirements, and public convenience. The site will be served by an 8-inch water line located in the northern part of the site, and a 10-inch sewer line located along Creekdale Drive. The applicant has indicated they intend to dedicate right-of-way and improve Hickory Creek Road along their southern frontage and extend Creekdale Drive to the west with this development. A Traffic Impact Analysis (TIA) was reviewed and conditionally approved by the City. The TIA includes: o the removal of the Hickory Creek Road alignment through the subject site as shown on the Mobility Plan; o the connection of east and west sides of Creekside Drive; and o the coordination of off-site improvements such as road widening, sidewalks, and turn lanes with the City Hickory Creek Road Project. The TIA will require updating prior to the submittal of the preliminary plat to provide additional information regarding on-site roadway alignments and connection to thoroughfares; the requirements for signalization of intersections; pedestrian connectivity to schools; location of turn lanes, and other site distance requirements. DISD was notified of this proposed development prior to annexation and indicated that they could accommodate the additional students generated by this subdivision. STAFF RECOMMENDATION: Staff recommends approval of the request as it is compatible with the surrounding property and is consistent with the goals and objectives of the Denton Plan 2030. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 12 notices were sent to property owners within 200 feet of the subject property, 83 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. Three property owner responses in favor of the request has been received as of this writing, representing 0.7 of the land located within the 200-foot notification boundary, and none in opposition. The applicant held a neighborhood meeting in September to which there were eight attendees. The issues discussed were flooding and traffic concerns along on Hickory Creek. Z18-0017 Site Location 1830 " ) 03857701,540 Feet SITE µ Parcels Roads Date: 11/5/2018 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. Z18-0017 Existing Zoning Map NR-2 NRMU NR-3 1830 " ) CM-GRD-5X 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: 11/5/2018 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. Z18-0017 Proposed Zoning Map NR-2 NRMU NR-3 CM-GRD-5X 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: 11/5/2018 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. Z18-0017 Future Land Use Map Low Residential 1830 " ) Parks / Open Space Neighborhood Mixed Use Rural Areas 03857701,540 Feet SITENeighborhood Mixed Use Future Land Use µ Parks / Open Space Rural Areas Parcels Low Residential Roads Date: 11/5/2018 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. Comparison of Existing Uses bwΏЋbwΏЍ wĻƭźķĻƓƷźğƌ ƭĻƭ Agriculture PP Livestock L(7)L(7) Single-family Dwellings PP Accessory Dwelling Units SUP/L(1)SUP/L(1) Attached Single-family Dwellings NSUP Dwellings above Businesses NN Live/Work Units NN Duplexes NL(3) Community Homes for the Disabled PP Group Homes NN Multi-family Dwellings NN Fraternity or Sorority House NN Dormitory NN Manufactured Housing Developments SUPN bwΏЋbwΏЍ /ƚƒƒĻƩĭźğƌ \[ğƓķ ƭĻƭ Home Occupation PP Sale of Products Grown on Site NN Hotels NN Motels NN Bed and Breakfast NN Retail Sales and Service NN Movie Theaters NN Restaurant NN Private Club NN Bar NN Drive-Through Facility NN Professional Services and Offices NN Quick Vehicle Servicing NN Vehicle Repair NN Auto and RV Sales NN Laundry Facilities NN Equestrian Facilities SUPN Outdoor Recreation PP Indoor Recreation NN Major Event Entertainment NN Commercial Parking Lots NN Comparison of Existing Uses Administrative or Research Facilities NN Broadcasting or Production Studio NN Sexually Oriented Business NN Self-service Storage NN Temporary Uses L(38)L(38) Craft Alcohol Production bwΏЋbwΏЍ LƓķǒƭƷƩźğƌ \[ğƓķ ƭĻƭ Printing/Publishing NN Bakeries NN Manufacture of Non- Odiferous Foods NN Feed Lots NN Food Processing NN Light Manufacturing NN Heavy Manufacturing NN Wholesale Sales NN Wholesale Nurseries NN Distribution Center/Warehouse, General NN Warehouse, Retail NN Self-Service Storage NN Construction Materials Sales NN Junk Yards and Auto Wrecking NN L(27)L(27)L(27) Kennels L(37)N Veterinary Clinics L(14)N Sanitary Landfills, Commercial Incineratiors, Transfer Stations NN Compressor Stations NN Craft Alcohol Production NN Gas Wells L(27)L(27) bwΏЋbwΏЍ LƓƭƷźƷǒƷźƚƓğƌ \[ğƓķ ƭĻƭ Basic Utilities L(25)L(25) Community Service NN Parks and Open Space PP Churches PP Semi-Public Halls, Clubs, and Lodges SUPSUP Business/Trade School NN Comparison of Existing Uses Adult or Child Day Care SUPSUP Kindergarten, Elementary School SUPSUP Middle School NN High School NN Colleges NN Conference/Convention Centers NN Hospital NN Elderly Housing NN Medical Centers NN Cemeteries NN Mortuaries NN WECS (freestanding monopole) SUPSUP WECS (building mounted) SUPSUP Electric Substations & Switch Stations L(43)L(43) Basic Utilities bwΏЋbwΏЍ DĻƓĻƩğƌ wĻŭǒƌğƷźƚƓƭ Minimum Lot Area (square feet) 16,0007,000 Maximum Density 24 Maximum FAR Maximum Lot Coverage 30%60% Minimum Landscaped Area 70%40% Maximum Building Height 40 feet40 feet LIMITATIONS: \[ΛЊΜ= Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must comply with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3. the maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4. One additional parking space shall be provided that conforms to the off- street parking provisions of this Chapter. 5. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. \[ΛЌΜ In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with Subchapter 13. Additionally, units must have the appearance of a single- family residence from the street. \[ΛАΜ Limited to two animals on parcels one to three acres in size. Additional animals may be added at a rate of one per each acre over three acres. Comparison of Existing Uses \[ΛЊЍΜ= Uses are limited to no more than 10,000 square feet of gross floor area. \[ΛЋЎΜ= If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. \[ΛЋАΜ= Must comply with the provisions of Subchapter 22, Gas Well Drilling and Production. \[ ΛЌБΜ= Must meet the requirements of Section 35.12.9. \[ΛЍЌΜ = Electric Substations and Switch Stations are permitted subject to the following criteria: 1. An applicant shall be required to submit an application for a Specific Use Permit pursuant to Subsection 35.6 in accordance with procedures set forth in Subsection 35.3.4 unless it is able to meet the following requirements: Use of the property is associated with a City Council approved Capital Improvements Plan (CIP) or other City Council approved Master Plan; and A public hearing was held at the City Council for the selection of the site to include: i. Written notice of the public hearing was provided to property owners within two hundred (200) feet and physical addresses within five hundred (500) feet of the subject property at least twelve (12) days prior to public hearing; and ii. A sign advertising the public hearing was posted on or adjacent to the property at least twelve (12) days prior to the public hearing. C. A neighborhood meeting was held at least fifteen (15) days prior to the public hearing at City Council for the acquisition of the site. All Electric Substations or Switch Stations shall comply with the following development requirements: Use of the property is associated with a City Council approved Capital Improvements Plan (CIP) or other City Council approved Master Plan; and A public hearing was held at the City Council for the selection of the site to include: i. Written notice of the public hearing was provided to property owners within two hundred (200) feet and physical addresses within five hundred (500) feet of the subject property at least twelve (12) days prior to public hearing; and ii. A sign advertising the public hearing was posted on or adjacent to the property at least twelve (12) days prior to the public hearing. C. A neighborhood meeting was held at least fifteen (15) days prior to the public hearing at City Council for the acquisition of the site. Z18-0017 Notification Response Map 200ft Buffer 500ft Buffer 0155310620 Feet 200ft BufferSITE In Favor µ 500ft BufferParcels Neutral RoadsOpposed Date: 1/9/2019 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. Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", and Commissioner Margie Ellis "aye". Commissioner Alfred Sanchez "nay", and Commissioner Tim Smith "nay". Chair Rozell called a recess at 8:45 p.m. Chair Rozell reconvened at 9:00 p.m. B. Hold a public hearing and consider making a recommendation to City Council regarding a request to assign an initial zoning designation of Neighborhood Residential 4 (NR-4) on approximately 86 acres of land and to rezone approximately six acres of land from Neighborhood Residential 2 (NR-2) to Neighborhood Residential 4 (NR-4). The subject site is generally located between Creekdale Drive and Hickory Creek Road, east of the railroad tracks, in the City of Denton, Denton County, Texas. (Z18-0017, Lakeside Place, Cindy Jackson). THIS ITEM WAS POSTPONED FROM THE NOVEMBER 28, 2018 PLANNING AND ZONING COMMISSION MEETING. Chair Rozell opened the Public Hearing. Hayley Zagurski, Senior Planner, presented Public Hearing item 5B. Zagurski stated the request is to assign an initial zoning designation of Neighborhood Residential 4 (NR-4) on approximately 86 acres of land and to rezone approximately 6 acres of land from Neighborhood Residential 2 (NR-2) to NR-4. The following individuals spoke during the Public Hearing: Abra Nusser, PO Box 93211, Southlake, Texas 76092. Supports the request. Tommy Calvert, 5299 Settlers Creek Road, Denton, Texas 76210. Neutral to the request. Patricia Clark, 768 Ryan Road, Denton, Texas 76210. Supports the request. Abra Nusser, the applicant provided a brief presentation regarding the development. Nusser provide clarification that there are no gas wells on the subject site. Commissioner Sanchez questioned how much of the development would be green space. Nusser stated well over 20 acres of green space and preserved area. Chair Rozell closed the Public Hearing. Chair Rozell stated he is unable to approve the item or any development until Hickory Creek Road has been updated. Commissioner Tim Smith motioned, Commissioner Mat Pruneda seconded to approve Public Hearing item 5B. Motioned approved (5-2). Commissioner Alfred Sanchez "aye", Commissioner Jason Cole "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". Commissioner Larry Beck "nay", and Chair Andrew Rozell "nay". Б City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:S18-0008g,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,approvingaSpecific UsePermittoallowforamulti-familyresidentialuseaspartofamixed-usedevelopmentonanapproximately 31-acresite,generallylocatedonthenorthsideofWindsorDrive,eastoftheI-35NFrontageRoad,intheCity ofDenton,DentonCounty,Texas;providingforapenaltyinthemaximumamountof$2,000.00forviolations thereof;providingforseverability;andestablishinganeffectivedate.(S18-0008,WindsorDriveApartments). THISPUBLICHEARINGHASBEENCONTINUEDFROMTHEJANUARY15,2019CITYCOUNCIL MEETING. City of DentonPage 1 of 1Printed on 2/1/2019 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: February 5, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit to allow for a multi-family residential use as part of a mixed-use development on an approximately 31-acre site, generally located on the north side of Windsor Drive, east of the I-35 N 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. (S18-0008, Windsor Drive Apartments). THIS PUBLIC HEARING HAS BEEN CONTINUED FROM THE JANUARY 15, 2019 CITY COUNCIL MEETING. BACKGROUND At the January 15, 2019 City Council meeting, the applicant requested this case be postponed to the February 5, 2019 meeting. The public hearing was opened, and one member of the public spoke in opposition to this request and one member of the public expressed written opposition to the request but did not speak. The individual who spoke indicated opposition based upon concerns about the proximity of the subject property to gas well drilling and production sites. The Council voted \[6-0\] to continue this public hearing to February 5, 2019. No additional responses from members of the public have been received since the January 15, 2019 meeting. At the December 4, 2018 City Council meeting, the applicant provided a letter requesting this case be postponed to the January 15, 2019 meeting (see Exhibit 12). The public hearing was opened, no one requested to speak on the item, and the Council voted \[7-0\] to continue this public hearing to January 15, 2019. The Planning and Zoning Commission held a public hearing regarding this SUP request on November 14, 2018. At this meeting the applicant proposed alternative amounts for the number of buildings, lot coverage and landscape area, and maximum density than those that are reflected on the original plans as well as in the Staff Recommendation above. After a discussion of the requested amendments as well as the concerns of several Commissioners regarding the close proximity of this development to nearby gas well sites, the applicant requested to continue this item to a date certain of November 28, 2018. A motion th was made and approved unanimously to continue the public hearing to the November 28 meeting to provide the applicant time to prepare and submit a revised site plan reflecting the requested changes to the number of buildings, lot coverage, landscape area, and density. Since the original public hearing, the applicant has determined that instead of making the requested changes to the site plan they will instead move forward with the originally submitted plan and associated staff recommendations. Subsequently, at the November 28, 2018 Planning and Zoning Commission meeting discussion of the requested SUP was continued. The applicant again presented information related to their request and answered questions from the Commissioners regarding gas well setbacks. One individual in attendance at the meeting filled out a card in opposition to the request but did not speak on the item. Two of the Commissioners indicated that they were opposed to the request due to the close proximity of the development to gas wells. Other members of the Commission expressed similar concerns but indicated t oppose the request. The Planning and Zoning Commission recommend approval of the request with all of \[4-3\]. The request is for a Specific Use Permit (SUP) to permit a multi-family use on approximately 31 acres of property generally located on the north side of Windsor Drive east of Interstate 35 north. The subject property is zoned Neighborhood Residential Mixed Use (NRMU) District, which permits multi-family developments with an SUP and the following limitation: Limitation (4) = Multi-family is permitted only: 1. With a Specific Use Permit; or 2. As part of a Mixed-Use Development; or 3. As part of a Master Plan Development, Existing; or 4. If the development received zoning approval allowing multi-family use within one (1) year prior to the effective date of Ordinance No. 2005-224; or 5. If allowed by a City Council approved neighborhood (small area) plan. The proposed development consists of 336 apartment units on approximately 16.4 out of the total 31 acres. The density of the proposed development would be approximately 20.5 dwelling units per acre, which is below the maximum of 30 dwelling units per acre permitted within the NRMU District. The remaining acreage of the subject property is proposed for commercial development at a future date. The Preliminary Site Plan (Exhibit 6) reflects sixteen buildings as well as associated parking and open space required for the multi-family development. Additionally, the plans reflect setback boundaries from two gas well drilling and production sites located on the eastern adjoining property. The applicant, Allison Engineering Group, and their client, Dimension Capital Partners, have worked extensively with the gas well operator over a period of several months to reach an agreement regarding the setbacks, gas well access road, and future platting of the subject property. As a part of this process, the gas well operator requested that no surface development be placed within the 250 foot reverse setback around the southern gas well site, schools, and other similar uses) within the reverse setback. Additionally, the gas well operator requested that the 250 foot setback from the northern gas well site be measured from the boundaries of a future enlargement they intend to pursue for the northern site rather than from the boundaries of the existing site. This provides an increased reverse setback for now, and should the operator seek to expand the gas well site in the future it would ensure the minimum 250 setback is still met. While the gas well site is not a part of this request, staff feels it is important to note that should the gas well operator seek to expand the northern site in the future the following processes would be required because the site is located within the floodplain fringe: A Watershed Protection Permit, A SUP, and Authorization of a reduction in setbacks to the minimum of 250 feet. This setback reduction authorization is required because existing sites within a residential zoning district have a required 500 foot setback. This 500 foot could be reduced to 250 feet if it is authorized by either the Zoning Board of Adjustment or if all owners of protected uses within the 500 foot radius authorize the reduction. While, the expansion of the gas well site is not a part of the SUP request for the multi-family use, it is important to note because extensive negotiations with the operator have occurred, part of which was the enhanced setbacks shown on the preliminary site plan from the existing northern pad site. The full Staff Analysis of the request is provided as Exhibit 2. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The attached site plan, landscape plan, and sample building elevations provided in Exhibits 6-8 specify the following, which will be incorporated as requirements of the SUP ordinance. Staff shall have the ability to approve an increase or decrease of up to 5% of any of the amounts specified in requirements 2-6, provided all applicable requirements of the DDC are met. 1. The multi-family portion of the mixed-use development will encompass a maximum of 17 acres out of the total 31 acres. 2. Sixteen (16) buildings are indicated, with a building footprint area specified at 112,724 square feet. 3. Three hundred thirty six (336) dwelling units are specified, with a density of 20.48 dwelling units per acre. 4. No fewer than six hundred twenty nine (629) parking spaces are required. Six hundred thirty two (632) spaces are specified on the site plan, but 60 of these spaces are specified as garages within the building footprints and do not count against the parking maximum requirements in DDC 35.14. 5. The site plan specifies a total of 49% lot coverage and 51% landscape area which includes a 30- nce. DDC 35.13.8 grants the Director the ability to approve alternative compatibility buffers. The Director may approve an alternative buffer that is equivalent to or more restrictive than the buffer specified in Exhibits 6-8. 6. The sample building elevations specify an earth tone and gray tone color palette with facades of stucco, hardieboard plank siding, and hardieboard panels. Final building elevations should reflect these materials and colors and be in compliance with DDC 35.13.13.2 Staff recommends approval of the SUP with the following conditions: 1. The City Council recognizes that driveway access locations from state highways must be configuration of I-35 are currently in planning. Any driveway access locations from the northbound I-35 frontage road which must be altered in response to changing TxDOT requirements during the permitting process 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 reflects an intent to comply with the DDC requirements for parking, street trees, minimum landscape and canopy areas, and compatibility buffers, with administrative approval of alternative buffer elements permitted in accordance with DDC 35.13.8. Minor alterations to the depicted locations of individual plantings may be approved by City staff, provided that the final landscaping, as planted, complies with the attached site plan in terms of buffer and open space locations, as well as all elements of the DDC. 3. The Agreement entered into and executed by CL Ventures LLC and Sage Natural Resources, LLC, which sets forth the 250 foot reverse setbacks for the multi-family development from the two wells as shown on the attached site plan, must be filed in the records of Denton County prior to approval of a plat for the subject property, and a note on the plat shall reference the Agreement and setbacks. 4. 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, the attached site plan, and the elements described above and in Section 3 of the Draft Ordinance, including those referenced in conditions 1 and 2. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The subject property was zoned Neighborhood Residential Mixed Use (NRMU) District as part of the 2002 city-wide rezoning. The Planning and Zoning Commission held a public hearing regarding this SUP request on November 14, th 2018 and voted unanimously to continue the public hearing to the November 28 meeting. Subsequently, at the November 28, 2018 Planning and Zoning Commission meeting the Planning and Zoning Commission recommend approval of the request with all of the above stated staff recommendations and conditions \[4-3\]. On December 4, 2018 the City Council opened the public hearing for this case and voted \[7-0\] to continue the public hearing to a date certain of January 15, 2019. On January 15, 2019 the City Council opened the public hearing for this case and voted \[6-0\] to continue the public hearing to a date certain of February 5, 2019. DEVELOPER ENGAGEMENT DISCLOSURES All developer contact and/or meeting disclosures provided to staff as of the issuance of this report have been provided in Exhibit 13. 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. Sample Building Elevations 9. Notification Map 10. 11.14.18 Planning and Zoning Commission Meeting Minutes 11. 11.28.18 Planning and Zoning Commission Meeting Minutes 12. Applicant Request to Continue 13. Developer Meeting Disclosures 14. Presentation 15. Draft Ordinance Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Hayley Zagurski Senior Planner Minutes Planning and zoning commission November 14, 2018 After determining that a quorum was present, the Planning and Zoning Commission of the City of Denton, Texas convened in a Work Session on Wednesday, November 14, 2018 at 4:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items were considered: PRESENT: Chair Andrew Rozell, Commissioners: Tim Smith, Larry Beck, Jason Cole, Mat Pruneda, and Margie Ellis. ABSENT: Commissioner Alfred Sanchez. STAFF: Cathy Welborn, Karen Hermann, Hayley Zagurski, Ron Menguita, Richard Cannone, Julie Wyatt, Sean Jacobson, Charlie Rosendahl and Jerry Drake. WORK SESSION Chair Rozell opened the work session at 4:15 p.m. 1. Clarification of agenda items listed on the agenda for this meeting. This is an opportunity for Commissioners to ask questions of staff on the Consent and Regular Agenda items, which may include a full briefing on an item in the order it appears on the regular session agenda. Any such briefing will be repeated in regular session. Chair Rozell asked the Commission if they had any questions regarding the Consent Agenda. Commissioner Beck questioned if the natural water tank located on the property for Consent Agenda 3B is going to be filled in or worked around. Hayley Zagurski, Senior Planner stated the existing pond is slightly off site from this project, but the pond is being worked around from this project as well as another one, and it will be modified as they develop. Chair Rozell questioned if the Commission had any questions on the 2019 calendar. Commissioner Ellis questioned if it was allowed to only have one meeting in July. Richard Cannone, Deputy Director of Development Services, stated yes it worked out this way due to the holidays and adjusting to every other week. Chair Rozell stated Public Hearing item 5A has been postponed and Public Hearing item 5B has been withdrawn. Ron Menguita, Principal Planner, presented Public Hearing item 5C. Menguita stated the request is to change the zoning from Neighborhood Residential Mixed Use 12 (NRMU-12) to Neighborhood Residential Mixed Use (NRMU), to allow more density. Menguita continued to state the proposed rezoning does not conform to the future land use element of the Denton Plan 2030. Њ Commissioner Smith arrived. Commissioner Smith questioned why the neighborhood meeting was poorly attended. Menguita stated he has received phone calls from residents and the response he received was they did receive the notification but were not prepared to attend. Staff recommends denial of the zoning change request based on the following considerations: 1. The density and scale of the proposed multi-family project does not conform to the Future Land Use Element of the Denton Plan 2030, in terms of dwelling units per acre. 2. More intense uses are permitted in the NRMU Zoning District. 3. General regulations in the NRMU Zoning District are less restrictive compared to NRMU-12. Ron Menguita presented Pubic Hearing item 5D. Menguita stated the request is for a Specific Use Permit (SUP) to allow for a multi-family dwelling use. Staff recommends denial of the SUP request based on the following consideration: The density and scale of the proposed multi-family project does not conform to the Future Land Use Element of the Denton Plan 2030, in terms of dwelling units per acre. Commissioner Beck requested clarification on the applicants plan for traffic mitigation. Menguita stated they will add a center left turn lane on Mockingbird Lane. Hayley Zagurski, Senior Planner, presented Public Hearing item 5E. Zagurski stated the request is to hold a Public hearing and consider making a recommendation to City Council regarding a request by Glory of Zion for a Specific Use Permit to allow for a multi- family use. Zagurski stated there are two gas wells located on the adjoining property, the applicant will be required to provide a type D buffer. Staff does recommend approval with the following conditions: 1.The City Council recognizes that driveway access locations from state highways must be approved by the Texas Department of Transport configuration of I-35 are currently in planning. Any driveway access locations from the northbound I-35 frontage road which must be altered in response to changing TxDOT requirements during the permitting process 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 reflects an intent to comply with the DDC requirements for parking, street trees, minimum landscape and canopy areas, and compatibility buffers, with administrative approval of alternative buffer elements permitted in accordance with DDC 35.13.8. Minor alterations to the depicted locations of individual plantings may be approved by City staff, provided that the final landscaping, as planted, complies with the attached site plan in terms of buffer and open space locations, as well as all elements of the DDC. 3. The Agreement entered into and executed by CL Ventures LLC and Sage Natural Resources, LLC, which sets forth the 250 foot reverse setbacks for the multi-family development from the two wells as shown on the attached site plan, must be filed in the records of Ћ Denton County prior to approval of a plat for the subject property, and a note on the plat shall reference the Agreement and setbacks. 4. 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, the attached site plan, and the elements described previously, including those referenced in conditions 1 and 2. Commissioner Prunenda questioned if the apartments are going to be right up against the 250 feet boundary line. Zagurski stated yes the apartments will have to be 250 feet between the closest exterior point of the building and the pad site boundary. Commissioner Smith questioned why a religious institution is seeking to build multifamily then eventually commercial. Zagurski stated from her understanding the current owner is a religious institution but are in the process of selling the property. Julie Wyatt, Senior Planner, presented Public Hearing item 5F. Wyatt stated the request is to hold a public hearing and consider making a recommendation to City Council regarding a proposed revision to the Denton Development Code; specifically to update the Planning and Zoning Commission Procedures related to motions resulting in a tie vote. Commissioner Smith questioned why an item would first come as a Public Hearing then come back as an Item for Individual Consideration. Wyatt stated after the Commission has voted and the Public Hearing item has been closed it cannot be reopened unless it is noticed again. 2. Work Session Reports Chair Rozell stated Work Session report 2B would be heard before 2A. A. Receive a report and hold a discussion regarding the status of the Denton Development Code Update. Ron Menguita, Principal Planner, provided an update to the Denton Development Code (DDC). B. Receive a presentation from Pritam Deshmukh, Deputy City Engineer regarding Traffic Engineering initiatives. Pritam Deshmukh, Deputy City Engineer, provided an update to the Traffic and Transportation criteria manuals. Chair Rozell called a recess at 5:30p p.m. Chair Rozell reconvened the Work Session at 5:50 p.m. Chair Rozell closed the Work Session at 6:05 pm Ќ REGULAR MEETING Chair Rozell opened the Regular Meeting at 6:34 pm The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, November 14, 2018 at 6:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney at which time the following items were considered: 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag 2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION MINUTES FOR: A. Consider approval of the Planning and Zoning Commission meeting minutes. Commissioner Margie Ellis motioned, Commissioner Mat Pruneda seconded to approve the October 24, 2018 meeting minutes. Motion approved (6-0). Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". 3. CONSENT AGENDA A. Consider a request by Robson Denton Development, LP for approval of a Preliminary Plat for Robson Ranch Unit 25-2. The approximately 17.721-acre site is generally located on the west side of Ed Robson Boulevard, approximately 965 feet north of Crestview Drive in the City of Denton, Denton County, Texas. (PP18-0012, Robson Ranch Unit 25-2, Julie Wyatt). B. Consider a request by United States Cold Storage, LP for approval of a final plat of the Westpark Addition, Lot 13R-1, Block A. The approximately 45.17-acre site is generally located on the south side of Jim Christal Road, approximately 1,130 feet east of Western Boulevard in the City of Denton, Denton County, Texas. (FP18-0005, 500k SF Cold Storage, Hayley Zagurski). C. Consider a request by Denton 1 Exchange LLC for approval of a final plat of the Lot 1, Block A of the Fisher 59 Addition. The approximately 37.91-acre site is generally located on the north side of W. University Drive, approximately 800 feet west of Masch Branch Road in the City of Denton, Denton County, Texas. (FP18-0026, Fisher 59, Hayley Zagurski). Commissioner Larry Beck motioned, Commissioner Tim Smith seconded to approve the Consent Agenda. Motion approved (6-0). Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". Ѝ 4. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider approval of the 2019 Planning and Zoning Commission calendar. Commissioner Margie Ellis motioned, Commissioner Mat Pruneda seconded to approve the 2019 Planning and Zoning Commission calendar. Motion approved (6-0). Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". 5. PUBLIC HEARINGS A. Hold a public hearing and consider making a recommendation to City Council regarding a request by Lee Allison of the Allison Engineering Group on behalf of Responsive Education Solutions and Lifeline Church of Denton for a zoning change from Neighborhood Residential 2 (NR-2) to a Neighborhood Residential Mixed-Use (NRMU) District on two adjacent tracts, one of approximately 5.723 acres and the other of approximately 4.389 acres. The subject site is generally located southwest of the intersection of Teasley Lane and Pennsylvania Drive, in the City of Denton, Denton County, Texas (CDP Bravo, Z18-0021, Sean Jacobson). STAFF HAS POSTPONED THIS ITEM TO THE NOVEMBER 28th, 2018 PLANNING AND ZONING COMMISSION MEETING. B. Hold a public hearing and consider making a recommendation to City Council regarding an amendment to the Denton Development Code, amending Subchapter 35.3 - Procedures by adding a citizen participation section. THIS ITEM HAS BEEN WITHDRAWN AND WILL BE CONSIDERED WITH THE DDC UPDATE. (DCA18-0006, Citizen Participation, Ron Menguita) C. Hold a public hearing and consider making a recommendation to City Council regarding a request by Kirkman Engineering for a zoning change from Neighborhood Residential Mixed Use 12 (NRMU-12) to a Neighborhood Residential Mixed Use (NRMU) Zoning District. The applicant is proposing a multi-family dwelling use with 267 units proposed on three adjacent tracts totaling approximately 9.91 acres. The subject property is generally located west of Mockingbird Lane and south of the Mingo Road in the City of Denton, Denton County, Texas. (Z18-0022, Mockingbird Multi-Family, Ron Menguita). Chair Rozell opened the Public Hearing. Ron Menguita, Principal Planner, presented Public Hearing item 5C. Menguita stated the request is to change the zoning from Neighborhood Residential Mixed Use 12 (NRMU-12) to Neighborhood Residential Mixed Use (NRMU), to allow more density. Ў Menguita continued to state the proposed rezoning does not conform to the future land use element of the Denton Plan 2030. Staff recommends denial of the zoning change request based on the following considerations: 1. The density and scale of the proposed multi-family project does not conform to the Future Land Use Element of the Denton Plan 2030, in terms of dwelling units per acre. 2. More intense uses are permitted in the NRMU Zoning District. 3. General regulations in the NRMU Zoning District are less restrictive compared to NRMU-12. Eliana Tuley and Mukesh Parna, the applicants, presented a presentation. Tuley requested the Commission to table the item to provide a better development City staff and the neighbors will approve. Commissioner Smith questioned when the notifications for the neighborhood meeting were sent out. Tuley stated they were post marked on October 22, 2018. The following individuals spoke during the Public Hearing: Eliana Tuley, 4821 Merlot Ave. Ste. 210, Grapevine, Texas 762051. Supports the request. Mukesh Parna, 5811 Kerry Dr. Frisco, Texas 75035. Supports the request. Nancy Carson, 2908 Oakshire St. Denton, Texas 76209. Opposed to the request. Stephen Johnson, 1412 Briarwood St. Denton, Texas 76209. Opposed to the request. Linda Godoy, 3001 Oakshire St. Denton, Texas 76209. Opposed to the request. The following individuals requested not to speak: Kathy Smith, 3021 Brandywine St. Denton, Texas 76209. Opposed to the request. Sharon Stewart, 3021 Anysa Ln. Denton, Texas 76209. Opposed to the request. Ellen Ryfe, 1412 Briarwood St. Denton, Texas 76209. Opposed to the request. Hudson and Sandra Williams, 3049 Brandywine St. Denton, Texas 76209. Opposed to the request. Bryan Hurt, 1412 Copper Ridge St. Denton, Texas 76209. Opposed to the request. Michelle Hurt, 1412 Copper Ridge St. Denton, Texas 76209. Opposed to the request. Judy Delay, 215 Bluebird Cir. Denton, Texas 76209. Opposed to the request. Chair Rozell stated the Commission was also provided a petition with 38 signatures. Chair Rozell closed the Public Hearing. Commissioner Ellis stated infrastructure is clearly an issue in this area. Chair Rozell stated he is opened to allowing the applicant an opportunity to be creative to bring back something better. Commissioner Mat Pruneda motioned, Commissioner Larry Beck seconded to table Public Hearing 5C to a date uncertain. Motion approved (6-0). Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". Џ D. Hold a public hearing and consider making a recommendation to City Council regarding a request by Kirkman Engineering for a Specific Use Permit (SUP) to allow for a multi- family dwelling use with 267 units proposed on three adjacent tracts totaling approximately 9.91 acres. The subject property is generally located west of Mockingbird Lane and south of the Mingo Road in the City of Denton, Denton County, Texas. (S18-0005, Mockingbird Multi-Family, Ron Menguita). Chair Rozell opened to the Public Hearing. Ron Menguita presented Pubic Hearing item 5D. Menguita stated the request if for a Specific Use Permit (SUP) to allow for a multi-family dwelling use. Staff recommends denial of the SUP request based on the following consideration: The density and scale of the proposed multi-family project does not conform to the Future Land Use Element of the Denton Plan 2030, in terms of dwelling units per acre. The following individuals spoke during the Public Hearing: Stephen Johnson, 1412 Briarwood St. Denton, Texas 76209. Opposed to the request. Nancy Carson, 2908 Oakshire St. Denton, Texas 76209. Opposed to the request. The following individuals requested not to speak: Linda Godoy, 3001 Oakshire St. Denton, Texas 76209. Opposed to the request. Bryan Hurt, 1412 Copper Ridge St. Denton, Texas 76209. Opposed to the request. Michelle Hurt, 1412 Copper Ridge St. Denton, Texas 76209. Opposed to the request. Judy Delay, 215 Bluebird Cir. Denton, Texas 76209. Opposed to the request. Ellen Ryfe, 1412 Briarwood St. Denton, Texas 76209. Opposed to the request Chair Rozell closed the Public Hearing. Commissioner Smith recommended to the applicant to find a way to develop without requiring a zoning change. Commissioner Tim Smith motioned, Commissioner Jason Cole seconded to table Public Hearing 5D to a date uncertain. Motion approved (6-0). Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". Chair Rozell called a recess at 7:42 p.m. Chair Rozell reconvened the Regular Meeting at 7:47 p.m. E. Hold a public hearing and consider making a recommendation to City Council regarding a request by Glory of Zion International Ministries Inc. for a Specific Use Permit to allow for a multi-family residential use as part of a mixed-use development on approximately 31 acres. The property is generally located on the north side of Windsor Drive, east of the I- А 35 N frontage road in the City of Denton, Denton County, Texas. (S18-0008, Windsor Drive Apartments, Hayley Zagurski). Hayley Zagurski, Senior Planner, presented Public Hearing item 5E. Zagurski stated staff does recommend approval of the Specific Use Permit (SUP) with the following conditions: 1. The City Council recognizes that driveway access locations from state highways must be approved by the -35 are currently in planning. Any driveway access locations from the northbound I-35 frontage road which must be altered in response to changing TxDOT requirements during the permitting process 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 reflects an intent to comply with the DDC requirements for parking, street trees, minimum landscape and canopy areas, and compatibility buffers, with administrative approval of alternative buffer elements permitted in accordance with DDC 35.13.8. Minor alterations to the depicted locations of individual plantings may be approved by City staff, provided that the final landscaping, as planted, complies with the attached site plan in terms of buffer and open space locations, as well as all elements of the DDC. 3. The Agreement entered into and executed by CL Ventures LLC and Sage Natural Resources, LLC, which sets forth the 250 foot reverse setbacks for the multi-family development from the two wells as shown on the attached site plan, must be filed in the records of Denton County prior to approval of a plat for the subject property, and a note on the plat shall reference the Agreement and setbacks. 4. 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, the attached site plan, and the elements described previously, including those referenced in conditions 1 and 2. The following individuals spoke during the Public Hearing: Lee Allison, 2415 N. Elm St. Denton, Texas 76201. Supports the Request. Tom Neary, 1700 Pacific Ave. Dallas, Texas 75201. Support the Request. Lee Allison, the applicant, presented a presentation from Allison Engineering. Allison proposed applicant recommendation: 1. Replace recommended requirements to 2-6 units with a. max of 20 buildings. b. Max. Density of 24 units/ acre. c. Parking shall meet code, garage spaces shall meet code, and garage spaces shall count toward amount provided. d. Max lot coverage 65%. e. minimum landscape area of 35% inclusive of landscape/ recreational amenities. f. Building elevations shall reasonably conform to the examples and shall comply with Denton Development Code (DDC) 35.13.13.2. 2. Modification to the type D buffer. Commissioner Smith questioned Zagurski if the Commission agreed on the applicants recommendations would that be giving the applicant too much leeway. Zagurski stated the recommendations are not unreasonable and are within the zoning limitations. Commissioner Beck questioned what the applicant would be modifying within the type D buffer requirements. Allison stated the 1 tree/ 40 linear feet, no shrubs, a 30 foot buffer encroachment on the south end of the property, a wooden fence with metal post, trees count for 100% of the canopy and to allow the Planning Director to approve an alternative landscape plan. Б Chair Rozell requested clarification if the applicant is allowed to use 100 percent of the tree and landscape buffer towards the canopy requirements. Zagurski stated it is not numerated in the the request may be be permissible as part of an alternative buffer, but is unsure if the Director could approve a change to the maximum percentage of tree canopy as an alternative in the Denton Development Code (DDC). Jerry Drake, First Assistant City Attorney, stated he disagrees with Allison, the SUP is used as a base line for code compliance and it allows City Council to ensure impacts are being addressed. Chair Rozell requested Allison to explain the precipice for changing the original concept plan submitted to the City. Allison stated the precipice was having an understanding the DDC was observed and the zoning requirements are met. Commissioner Ellis stated part of the SUP process is to make everyone aware of going on with the site. Commissioner Pruneda questioned if the well operator wanted to expand the site would the project come before the Planning and Zoning Commission. Richard Cannone, Deputy Director of Development Services, stated yes that is correct, but requested Zagurski to provide a little more insight on a gas well site plan. Zagurski stated if or when the gas well operator would require an SUP as part of their Watershed pProtection pPermit prior to obtaining a gas well site plan. Chair Rozell requested clarification, if the Commission recommendation can this item go before City Council without an updated site plan and if approved can the applicant provide an updated site plan before it goes to City Council. Allison stated yes the applicant would be able to provide an updated site plan. Drake stated yes and recommended the site plan be updated to match the approved conditions or recommendations. Chair Rozell closed the Public Hearing. Commissioner Smith motioned to approve Public Hearing item 5E with with the applicants requested recommendations: 1. Replace recommended requirements to 2-6 units with a. max of 20 buildings. b. Max. Density of 24 units/ acre. c. Parking shall meet code, garage spaces shall meet code, and garage spaces shall count toward amount provided. d. Max lot coverage 65%. e. minimum landscape area of 35% inclusive of landscape/ recreational amenities. f. Building elevations shall reasonably conform to the examples and shall comply with Denton Development Code (DDC) 35.13.13.2. 2. Modification to the type D buffer. But also include staffs conditions: 1. The City Council recognizes that driveway access locations from state highways the configuration of I-35 are currently in planning. Any driveway access locations from the northbound I-35 frontage road which must be altered in response to changing TxDOT requirements during the permitting process 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 reflects an intent to comply with the DDC requirements for parking, street trees, minimum landscape and canopy В areas, and compatibility buffers, with administrative approval of alternative buffer elements permitted in accordance with DDC 35.13.8. Minor alterations to the depicted locations of individual plantings may be approved by City staff, provided that the final landscaping, as planted, complies with the attached site plan in terms of buffer and open space locations, as well as all elements of the DDC. 3. The Agreement entered into and executed by CL Ventures LLC and Sage Natural Resources, LLC, which sets forth the 250 foot reverse setbacks for the multi-family development from the two wells as shown on the attached site plan, must be filed in the records of Denton County prior to approval of a plat for the subject property, and a note on the plat shall reference the Agreement and setbacks. 4. 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, the attached site plan, and the elements described previously, including those referenced in conditions 1 and 2. Also provide a matching preliminary site plan. Commissioner Pruneda seconded. Commissioner Beck stated if the development was strictly commercial he would not have a problem with the item, but he is concerned with residents living in close proximity to the gas wells. Commissioner Ellis stated she has an issue moving an item along to City Council when she really Chair Rozell stated the direction the City is going and memorializing things from the conceptual preliminary site plan is the right direction, and help the Commission understand what is being put on the site, to provide a good recommendation to City Council. Chair Rozell continued to state this project is under what is allowed and fully supports the project going forward with the motion presented by Commissioner Smith. Commissioner Cole stated he shares the same health concerns as Commissioner Beck, but there will be no development in west Denton if applicants are held to the gas well requirements. Commissioner Cole continued to state with no clarity on the requirements and conditions he has to vote no. Commissioner Beck thanked Commissioner Cole but also stated, if this development was only commercial he would not have an issue, the Planning and Zoning commission has approved developments close to gas wells, but they were not residential. Chair Rozell requested Commissioner Smith to clarify his motion. Commissioner Smith stated the 16 buildings max to 20 buildings max, item 3 from the density of 24.8 units per acre to 24 units per acre and item 5 saying the site plan of lot coverage can be moved from 49 percent to 65 percent and landscape changed to 35 percent. Commissioner Pruneda stated he cannot vote for this even though he wants development in Denton. Chair Rozell asked Commissioner Pruneda if he was withdrawing his seconded. Commissioner Pruneda stated he seconded to put the item to a vote not to approve the item. Chair Rozell called a recess at 9:17 p.m. ЊЉ Chair Rozell reconvened the Regular Meeting at 9:27 p.m. Zagurski stated the applicant has requested to continue the item to November 28, 2018. Commissioner Smith stated he would like to amend his motion to table the item to a date certain of November 28, 2018. Commissioner Tim Smith motioned, Commissioner Margie Ellis seconded to table Public Hearing 5E to a date certain of November 28, 2018. Motion approved (6-0). Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". F. Hold a public hearing and consider making a recommendation to City Council regarding a proposed revision to the Denton Development Code; specifically to update the Planning and Zoning Commission Operational Procedures in Subchapter 4 Boards, Commissions, and Committees related to motions resulting in a tie vote. (DCA18-0005, Tie Vote Procedure, Julie Wyatt). THIS ITEM WAS POSTPONED FROM THE OCTOBER 24, 2018 PLANNING AND ZONING COMMISSION MEETING. (DCA18-0005, Tie Vote Procedure, Julie Wyatt). Chair Rozell opened the Public Hearing Julie Wyatt, Senior Planner, presented Public Hearing item 5F. Wyatt stated the request is to hold a public hearing and consider making a recommendation to City Council regarding a proposed revision to the Denton Development Code; specifically to update the Planning and Zoning Commission Procedures related to motions resulting in a tie vote. Staff does recommend approval. Chair Rozell closed the Public Hearing. Commissioner Margie Ellis motioned, Commissioner Larry Beck seconded to approve Public Hearing 5F. Motion approved (6-0). Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". 6. PLANNING & ZONING COMMISSION PROJECT MATRIX A. Planning and Zoning Commission project matrix. Richard Cannone, Deputy Director of Development Services, noted on November 28, 2018 the Capital Improvement Advisory Committee will be meeting before the Planning and Zoning Commission meeting. Cannone stated staff will also be providing an update to the tree code on November 28, 2018. Commissioner Beck requested a notification when neighborhood meetings are being held. Cannone stated staff will provide the information to the Commission. ЊЊ Chair Rozell questioned the requirements on removing the signage after the Public Hearing has been held. Cannone stated typically they stay up until Council, but should be removed within a week of two. Staff has had to send zoning enforcement out for having an illegal sign. Chair Rozell closed the Regular Meeting at 9:50 p.m. ЊЋ Minutes Planning and Zoning Commission November 28, 2018 After determining that a quorum was present, the Planning and Zoning Commission of the City of Denton, Texas convened in a Work Session on Wednesday, November 28, 2018 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items were considered: PRESENT: Chair Andrew Rozell, Commissioners: Alfred Sanchez, Larry Beck, Jason Cole, Mat Pruneda, Margie Ellis, and Tim Smith. ABSENT: None. STAFF: Scott McDonald, Richard Cannone, Jerry Drake, Hayley Zagurski, Julie Wyatt, Cindy Jackson, Ron Menguita, Sean Jacobson, Karen Hermann, Charlie Rosendahl and Cathy Welborn. WORK SESSION Chair Rozell opened the Work Session at 4:37 p.m. 1.Clarification of agenda items listed on the agenda for this meeting. This is an opportunity for Commissioners to ask questions of staff on the Consent and Regular Agenda items, which may include a full briefing on an item in the order it appears on the regular session agenda. Any such briefing will be repeated in regular session. Chair Rozell stated Public Hearing item 2A has been postponed to the December 12, 2018 meeting. Hayley Zagurski, Senior Planner, presented Public Hearing item 2B. Zagurski stated this item is being continued from the November 14, 2018 Planning and Zoning meeting per the applicants request to allow more time to develop a modified plan. Zagurski stated following the meeting the applicant decided to move forward with staff’s original recommended conditions. Staff does recommend approval 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 (“TxDOT”), and that alterations in the configuration of I- 35 are currently in planning. Any driveway access locations from the northbound I-35 frontage road which must be altered in response to changing TxDOT requirements during the permitting process 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 reflects an intent to comply with the DDC requirements for parking, street trees, minimum landscape and canopy areas, and compatibility buffers, with administrative approval of alternative buffer elements permitted in accordance with DDC 35.13.8. Minor alterations to the depicted locations of individual plantings 1 may be approved by City staff, provided that the final landscaping, as planted, complies with the attached site plan in terms of buffer and open space locations, as well as all elements of the DDC. 3. The Agreement entered into and executed by CL Ventures LLC and Sage Natural Resources, LLC, which sets forth the 250 foot reverse setbacks for the multi-family development from the two wells as shown on the attached site plan, must be filed in the records of Denton County prior to approval of a plat for the subject property, and a note on the plat shall reference the Agreement and setbacks. 4. 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, the attached site plan, and the elements described previously, including those referenced in conditions 1 and 2. Commissioner Beck questioned if there is a definite plan for commercial development. Zagurski stated no there is no set date. Commissioner Smith questioned why the applicant decided to go with staff’s recommendations and conditions. Zagurski stated the way notices are worded City Council and the Planning and Zoning Commission can only recommend or approve conditions that are equal to or more restrictive then what was seen at the meeting. Zagurski continued what the applicant was proposing was less restrictive and would have required another notification. Cindy Jackson, Senior Planner, presented Public Hearing 2C. Jackson stated this item has been continued from the October 28 2018 Planning and Zoning Commission meeting to allow the tenants time to address the parking issues associated with the two suites. Jackson stated staff did go out on 11/28/2018 and discovered the vehicles from the adjacent lot had been removed and Mr. Melton has vacated suite 111 and Mr. Haynie has now leased suite 111. Jackson stated staff does recommend denial, but should the Planning and Zoning commission decide to approve the request staff recommends the following conditions: 1. A new Certificate of Occupancy for the correct use, Quick Vehicle Servicing, must be applied for and approved. 2. The new Certificate of Occupancy shall state that the proposed use of Quick Vehicle Service is limited to this particular business owner and these two particular suites. 3.This Specific Use Permit will be limited to the use description and floor plan shown in Exhibit 8 and Exhibit 9. 4.Overnight outdoor storage of automobiles is prohibited. 5.No more than two customer vehicles per each business can be parked in the parking spaces in front of the building during business hours. Commissioner Pruneda questioned if the applicant would need a Specific Use Permit (SUP) for both suites. Jackson stated yes he would. Chair Rozell questioned if it is in the authority of the Planning and Zoning Commission or City Council to limit the Certificate of Occupancy to a business. Chair Rozell stated Jackson affirmatively responded to Commissioner Pruneda’s question that the applicant would need an SUP of each suite and requested her to clarify if there would be another SUP coming before the commission. Jackson stated she misunderstood Commissioner Pruneda’s question and the SUP currently in question is for both suite 110 and 111. Chair Rozell questioned given the provisions why staff is still in denial of the request. Jackson stated due to the use being 2 denied in 2010, staff thought it would be better for the Planning and Zoning Commission and City Council decide if the location is appropriate for the use. Julie Wyatt, Senior Planner, presented Public Hearing item 2E. Wyatt stated the Denton Development Code (DDC) does not address Planned Developments (PD), even though it did carry over 15 PD's that were in effect prior to the adoption of the 2002 code. Wyatt stated staff looks to the 1991 code to regulate and administer the PD’s. Commissioner Beck questioned if the applicant could build a residence up to 3600 square feet. Wyatt stated the way lot coverage is calculated in the City of Denton does not only include the structure but also includes all impervious surfaces. Wyatt stated Staff does recommend approval of the request as it meets the criteria for approval with the following condition: 1. Any development must conform to the General Concept Plan, Detailed Plan, Landscape Plan, and text. Jackson presented Public Hearing item 2D. Jackson stated the request is for an SUP to allow for a free standing monopole tower and associated equipment room. Jackson stated staff does recommend approval of the request as it is compatible with the surrounding property and conforms to all applicable requirements of section 35.12.8, Wireless Telecommunications Facilities. Commissioner Smith questioned when the applicant sent out the notification for the neighborhood meeting and where it was held. Jackson stated the applicant sent out notices 10 days before the meeting and the meeting was held at the Emily Fowler Library. Jackson presented Public Hearing item 2F. Jackson stated the request is to consider a zoning change from Neighborhood Residential Mixed Use 12 (NRMU-12) to Neighborhood Residential Mixed Use (NRMU). Jackson stated the request will require a Specific Use Permit (SUP) which will also come before the commission. Jackson stated with the number of notifications received in opposition, approval would require super majority vote from City Council. Jackson stated staff does recommend approval of the request as it is compatible with the surrounding property and is consistent with the goals and objectives of the Denton Plan 2030. Commissioner Ellis questioned if staff took into consideration what other uses this zoning change could open the property up to besides multi-family. Jackson stated yes, but with the property being located on a primary arterial, the requested zoning district permits neighborhood services and neighborhood commercial uses staff considers to be compatible. Chair Rozell stated at the last two Planning and Zoning meetings the commission has seen a zoning and SUP request in tandem. Chair Rozell then questioned why there is a delay for the SUP. Jackson stated the applicant did not submit for a SUP and has not started on the engineering for the site. 3 Commissioner Pruneda questioned the type of leases the apartments would have. Jackson stated usually when there is single room occupancy they are four bedrooms and these are one or two bedroom apartments. Commissioner Beck questioned what type of buffer would be required. Jackson stated they would have to add a type C buffer on the sides that neighbor the church and the single family residents. Chair Rozell stated Public Hearing item 2G is postponed to January 9, 2018. Chair Rozell called a recess at 5:55 p.m. Chair Rozell reconvened the Work Session at 6:10 p.m. Richard Cannone, Deputy Director of Development Services and Hayley Zagurski, Senior Planner, presented Public Hearing item 2H. Chair Rozell closed the Work Session at 6:28 p.m. 2.Work Session Reports A.Receive a report and give direction on creation of The Denton Square District, with associated draft Design Standards and Guidelines, procedures, and review body. Richard Cannone, Deputy Director of Development Services, stated Work Session Report 2A would be heard at a future meeting. REGULAR MEETING Chair Rozell opened the Regular meeting at 6:37 p.m. The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, November 28, 2018 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time the following items were considered: 1.PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag 2.PUBLIC HEARINGS A.Hold a public hearing and consider making a recommendation to City Council regarding a request by Lee Allison of the Allison Engineering Group on behalf of Responsive Education Solutions and Lifeline Church of Denton for a zoning change from Neighborhood Residential 2 (NR-2) to a Neighborhood Residential Mixed-Use (NRMU) District on two adjacent tracts, one of approximately 5.723 acres and the other of 4 approximately 4.389 acres. The subject site is generally located southwest of the intersection of Teasley Lane and Pennsylvania Drive, in the City of Denton, Denton County, Texas (CDP Bravo, Z18-0021, Sean Jacobson). STAFF HAS POSTPONED THIS ITEM TO THE DECEMBER 12, 2018 PLANNING AND ZONING COMMISSION MEETING. Chair Rozell stated Public Hearing item 2A has been postponed to the December 12, 2018 Planning and Zoning Commission meeting. B.Hold a public hearing and consider making a recommendation to City Council regarding a request by Glory of Zion International Ministries Inc. for a Specific Use Permit to allow for a multi-family residential use as part of a mixed-use development on approximately 31 acres. The property is generally located on the north side of Windsor Drive, east of the I- 35 N frontage road in the City of Denton, Denton County, Texas. (S18-0008, Windsor Drive Apartments, Hayley Zagurski). THIS ITEM HAS BEEN CONTINUED FROM THE NOVEMBER 14, 2018 PLANNING AND ZONING COMMISSION MEETING. Chair Rozell stated Public Hearing item 2B was continued from the November 14, 2018 at which time the Public Hearing was closed. Hayley Zagurski, Senior Planner, presented Public Hearing item 2B. Zagurski stated following the meeting the applicant decided to move forward with staff’s original recommended conditions. Staff does recommend approval 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 (“TxDOT”), and that alterations in the configuration of I-35 are currently in planning. Any driveway access locations from the northbound I-35 frontage road which must be altered in response to changing TxDOT requirements during the permitting process 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 reflects an intent to comply with the DDC requirements for parking, street trees, minimum landscape and canopy areas, and compatibility buffers, with administrative approval of alternative buffer elements permitted in accordance with DDC 35.13.8. Minor alterations to the depicted locations of individual plantings may be approved by City staff, provided that the final landscaping, as planted, complies with the attached site plan in terms of buffer and open space locations, as well as all elements of the DDC. 3. The Agreement entered into and executed by CL Ventures LLC and Sage Natural Resources, LLC, which sets forth the 250 foot reverse setbacks for the multi-family development from the two wells as shown on the attached site plan, must be filed in the records of Denton County prior to approval of a plat for the subject property, and a note on the plat shall reference the Agreement and setbacks. 4. 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, the attached site plan, and the elements described previously, including those referenced in conditions 1 and 2. Lee Allison, Allison Engineering, the applicant, presented a presentation. 5 Commissioner Pruneda questioned if the gas wells are currently active. Zagurski stated they are both active. Chair Rozell read into the record the opposition from Ed Soph, 1620 Victoria Dr. Denton, Texas 76209. Commissioner Beck provided his concerns and findings regarding gas wells. Commissioner Pruneda stated if the item was denied from Planning and Zoning Commission it would still go before City Council and require a super majority vote. Chair Rozell stated he will be supporting the project. With the current setback requirements City Council has agreed on, the Planning and Zoning Commission might be setting arbitrary conditions that are not codified by City Council. Commissioner Ellis stated she appreciates the concerns raised by Commissioner Beck, but in front of the Commission is an SUP that more than complies with the code. Commissioner Tim Smith motioned, Alfred Sanchez seconded to approve Public Hearing item 2B with staff’s conditions and recommendations: 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-35 are currently in planning. Any driveway access locations from the northbound I-35 frontage road which must be altered in response to changing TxDOT requirements during the permitting process 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 reflects an intent to comply with the DDC requirements for parking, street trees, minimum landscape and canopy areas, and compatibility buffers, with administrative approval of alternative buffer elements permitted in accordance with DDC 35.13.8. Minor alterations to the depicted locations of individual plantings may be approved by City staff, provided that the final landscaping, as planted, complies with the attached site plan in terms of buffer and open space locations, as well as all elements of the DDC. 3. The Agreement entered into and executed by CL Ventures LLC and Sage Natural Resources, LLC, which sets forth the 250 foot reverse setbacks for the multi-family development from the two wells as shown on the attached site plan, must be filed in the records of Denton County prior to approval of a plat for the subject property, and a note on the plat shall reference the Agreement and setbacks. 4. 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, the attached site plan, and the elements described previously, including those referenced in conditions 1 and 2. Motion approved (4-3). Commissioner Alfred Sanchez "aye", Chair Andrew Rozell "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". Commissioner Larry Beck "nay", Commissioner Jason Cole "nay", and Commissioner Mat Pruneda "nay". 6 C.Hold a public hearing and consider a request by Budget Self Storage - Denton, Ltd., for a Specific Use Permit to allow quick vehicle servicing in Suite #110 and Suite #111 of Budget Self-Storage. The property is located at 2820 Virginia Circle. (S18-0002, Budget Self Storage, Cindy Jackson) THIS ITEM WAS CONTINUED FROM THE OCTOBER 24, 2018 PLANNING AND ZONING COMMISSION MEETING. Chair Rozell stated Public Hearing item 2C has been continued from the October 24, 2018 meeting. Cindy Jackson, Senior Planner, presented Public Hearing item 2C. Jackson stated staff did go out on November 28, 2018 and discovered the vehicles from the adjacent lot had been removed and Mr. Melton has vacated suite 111 and Mr. Haynie has now leased suite 111. Jackson stated staff does recommend denial, but should the Planning and Zoning Commission decide to approve the request staff recommends the following conditions: 1. A new Certificate of Occupancy for the correct use, Quick Vehicle Servicing, must be applied for and approved. 2. The new Certificate of Occupancy shall state that the proposed use of Quick Vehicle Service is limited to this particular business owner and these two particular suites. 3.This Specific Use Permit will be limited to the use description and floor plan shown in Exhibit 8 and Exhibit 9. 4.Overnight outdoor storage of automobiles is prohibited. 5.No more than two customer vehicles per each business can be parked in the parking spaces in front of the building during business hours. The following individual spoke on this item: Chris Haynie, 17787 W. F.M. 922, Forestburg, Texas 76239. Supports the request. Haynie stated he took over suite 111 on November 23, 2018. Chair Rozell closed the Public Hearing. Commissioner Mat Pruneda motioned, Commissioner Tim Smith seconded to approve with staff’s recommendations: 1. A new Certificate of Occupancy for the correct use, Quick Vehicle Servicing, must be applied for and approved. 2. The new Certificate of Occupancy shall state that the proposed use of Quick Vehicle Service is limited to this particular business owner and these two particular suites. 3.This Specific Use Permit will be limited to the use description and floor plan shown in Exhibit 8 and Exhibit 9. 4.Overnight outdoor storage of automobiles is prohibited. 5.No more than two customer vehicles per each business can be parked in the parking spaces in front of the building during business hours. Motion approved (7-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". D.Hold a public hearing and consider making a recommendation to City Council regarding a request by Vincent G. Huebinger representing Verizon Wireless - Denton Central for a Specific Use Permit to allow a free standing monopole tower and associated equipment room. The property is located at 816 Frame Street in the City of Denton, Denton County, Texas. (S18-0009, Verizon Wireless, Cindy Jackson) 7 Chair Rozell opened the Public Hearing. Cindy Jackson, Senior Planner, presented Public Hearing item 2D. Jackson stated staff recommends approval of the request as it is compatible with the surrounding property and conforms to all applicable requirements of Section 35.12.8, Wireless Telecommunications Facilities. The following individual spoke on this item: Vincent Huebinger, 1715 Capital of Texas Hwy Ste. 207, Austin, Texas 78746. Supports the request. Vincent Huebinger, the applicant, presented a presentation. Chair Rozell closed the Public Hearing. Commissioner Tim Smith motioned, Commissioner Mat Pruneda seconded to approve Public Hearing 2D. Motion approved (7-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". E. The City of Denton Planning and Zoning Commission will Hold a public hearing and consider making a recommendation to City Council regarding a Concept Plan amendment and Detailed Plan approval for Planned Development 115 (PD-115) District to depict a single-family residential development on approximately 78 acres. The property is generally located on the west side of North Bonnie Brae Street, approximately 250 feet south of US Highway 77/North Elm Street in the City of Denton, Denton County, Texas. (PDA18-0001, Kings Ridge, Julie Wyatt). Chair Rozell opened the Public Hearing. Julie Wyatt, Senior Planner, presented Public Hearing item 2E. Chair Rozell questioned if the commission will see this item again. Wyatt stated the Commission would see the preliminary and final plat. The following individual spoke on this item: Warren Corwin, 200 W. Belmont, Allen, Texas 75093. Supports the request. Jack Dawson, 1800 valley View Ln. Framers Branch, Texas 75234. Supports the request. Warren Corwin, the applicant presented a presentation. Chair Rozell closed the Public Hearing. Commissioner Mat Pruneda motioned, Commissioner Jason Cole seconded to approve Public Hearing item 2E with the following condition: 1.Any development must conform to the General 8 Concept Plan, Detailed Plan, Landscape Plan, and text. Motion approved (7-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". F. Hold a public hearing and consider making a recommendation to City Council regarding a request by Craig Bond representing Parvar Property, LLC for a zoning change from a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. The 2.683 acre site is generally located at 3131 and 3161 N Elm Street, in the City of Denton, Denton County, Texas. (Z18-0009, Centennial on N. Elm Apartments, Cindy Jackson) Chair Rozell opened the Public Hearing. Cindy Jackson, Senior Planner, presented Public Hearing item 2F. Jackson stated staff does recommend approval. Commissioner Sanchez questioned what types of commercial developments are planned to go on a primary arterial. Jackson stated you want large traffic generators so they immediate access to the arterial and won’t clog up the collector streets. The following individuals spoke on this item: Craig Bond, 1107 Woodmount Ct. Denton, Texas 76209. Supports the request. Mohammad Parvar, 3110 Hillside Dr. Highland Village, Texas 75077. Supports the request. Terry Martin, 1216 Mistywood Ln. Denton, Texas 76209. Opposed to the request. Julie Smith, 532 N Windsor Dr. Denton, Texas 76207. Opposed to the request. Agnes Dean, 428 W. Windsor Dr. Denton, Texas 76207. Opposed to the request. Ashley Bender, 606 Northridge St. Denton, Texas 76201. Opposed to the request. Edward Cuthbertson, 512 Northridge St. Denton, Texas 76201. Opposed to the request. Commissioner Smith questioned why the SUP did not come with the zoning case. Bond stated the applicant wanted to ensure the property would be approved for the rezoning. Commissioner Beck questioned Mohammad Parvar, the owner, if he would be willing to add an overlay to keep the density down. Parvar agreed to an overlay. Chair Rozell stated as a point of order if the item is motioned and seconded on the Public Hearing will remain open, anyone wishing to speak will be allowed and also when the item comes back before the Commission citizens will be allowed to speak again. Commissioner Tim Smith motioned, Commissioner Larry Beck seconded to table Public Hearing item 2F to a date certain of February 20, 2019. Motion approved (7-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". 9 Chair Rozell read into the record the following individuals requested not to speak: Jean Cuthbertson, 512 Northridge St. Denton, Texas 76201. Opposed to the request. W. Lee Nahrgang, 506 Northridge St. Denton, Texas 76201. Opposed to the request. John Hyatt, 513 Northridge St. Denton, Texas 76201. Opposed to the request. Audrian Bryan, 103 Burl St. Denton, Texas 76208. Opposed to the request. Ann Ennis, 525 W. Windsor Dr. Denton, Texas 76207. Opposed to the request. Bill Ennis, 525 W. Windsor Dr. Denton, Texas 76207. Opposed to the request. Commissioner Pruneda encouraged the residents to voice their concerns to City Council. Chair Rozell called a recess. Chair Rozell reconvened the Regular Meeting. G.Hold a public hearing and consider making a recommendation to City Council regarding a request by Abra Nusser representing Calvert Paving Corp. to assign an initial zoning designation of Neighborhood Residential 4 (NR-4) on approximately 86 acres of land and to rezone approximately six acres of land from Neighborhood Residential 2 (NR-2) to Neighborhood Residential 4 (NR-4). The subject site is generally located between Creekdale Drive and Hickory Creek Road, east of the railroad tracks, in the City of Denton, Denton County, Texas. (Z18-0017, Lakeside Place, Cindy Jackson) STAFF HAS POSTPONED THIS ITEM TO THE JANUARY 9, 2019 PLANNING & ZONING COMMISSION MEETING. Chair Rozell stated Public Hearing item 2G has been postponed to January 9, 2019 Planning and Zoning Commission meeting. H.Hold a public hearing and consider making a recommendation to City Council regarding a proposed revision to the Denton Development Code; specifically to amend Subchapters 13 and 17 related to tree preservation, landscape standards, and environmentally sensitive area standards. (DCA18-0008, Conservation and Landscape Code, Hayley Zagurski). Richard Cannone, Deputy Director of Development Services, and Hayley Zagurski, Senior Planner, presented Public Hearing item 2H. Commissioner Beck requested this item to be the first Public Hearing on the December 12, 2018 agenda. Chair Rozell questioned how long the tree fund has been around and how the totals are calculated. Cannone stated he would get with the Parks department, seeing as they are the department over the tree fund. Commissioner Tim Smith motioned, Commissioner Mat Pruneda seconded to table to a date certain of December 12, 2018 Planning and Zoning Commission meeting. Motion approved (7-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole 10 "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". 3.PLANNING & ZONING COMMISSION PROJECT MATRIX A.Planning and Zoning Commission project matrix. Richard Cannone, Deputy Director of Development Services, stated at the December 12, 2018 meeting staff will provide an update to the Historic Preservation Plan and how incentive programs will be incorporated into the plan. Staff will also bring back the Downtown Designs Standards on January 9, 2019. Cannone stated staff is working on a system that will provide notifications for neighborhood meetings. Commissioner Ellis requested the affidavit for Public Hearing signage be added back to the backup. Commissioner Sanchez questioned when the discussion regarding roundabouts would take place. Cannone stated he would have Pritam Deshmukh, Deputy City Engineer, provide further information regarding roundabouts. Chair Rozell closed the Regular Meeting at 10:05p.m. 11 ͳ͵ͲͶ .ȁ %«¬ 3³±¤¤³ $¤³®Ǿ 48 ͷͳͱͲ /¥¥¨¢¤Ȁ ͺ͵ͱȁʹͱȁͺ͵Ͷʹ & ·Ȁ ͺ͵ͱȁʹͱȁͺ͵ʹͲ ¶¶¶ȁ ¤ȃ¦±¯ȁ¢®¬ 4"0% &¨±¬ ͰȀ ͺ 5ĻĭĻƒĬĻƩ ЍͲ ЋЉЊБ Richard Cannone Deputy Director of Development Services City of Denton Development Services Department 215 W. Hickory Street Denton, TX 76201 Re: S18-0008 City Council Meeting Request to Continue or Table Dear Richard: Allison Engineering Group respectfully requests that the Public Hearing and consideration of the ordinance be continued or tabled until the regularly scheduled City Council meeting on Tuesday, January 15, 2019. This request was originally presented in an e-mail dated Saturday, December 1, 2018. We indicated during the public hearings and consideration process with the Planning and Zoning Commission that we are in agreement with the Staff Report and Recommendations and we do not have any intentions of changing that position. However, there were several items that created some confusion during that process and the public hearing was continued. We would like some time to revise our presentation and prepare for the City Council and hopefully avoid any confusion. Additionally our Client cannot attend tonights meeting and the holidays render the next City Council meetings questionable. We do want to take this opportunity to thank the staff for all of their efforts to help us navigate through the process. The complications and confusions were essentially inherent to the project and not any of their doing. They have served admirably. Respectfully Submitted, Allison Engineering Group Lee K. Allison, P.E., FNSPE 0Ȁ͐0±®©¤¢³²͐7),ͲͱͲ ȃ )(ʹͶ ȃ 7¨£²®± ȃ -¨·¤£ 5²¤͐#¨³¸ 3´¡¬¨³³ «²͐3¯¤¢¨¥¨¢ 5²¤ 0¤±¬¨³͐ͳͱͲȃͲͳȃͱ͵ 2¤°´¤²³ ³® 0 ¦¤ Ͳ ®¥ Ͳ #®³¨´¤ȁ£®¢· S:\\Legal\\Our Documents\\Ordinances\\19\\S18-0008 (Feb 5).docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO ALLOW FOR A MULTI-FAMILY RESIDENTIAL USE AS PART OF A MIXED- USE DEVELOPMENT ON AN APPROXIMATELY 31-ACRE SITE, GENERALLY LOCATED ON THE NORTH SIDE OF WINDSOR DRIVE, EAST OF THE I-35 N 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- 0008, Windsor Drive Apartments) WHEREAS, Allison Engineering Group, on behalf of the property owner, Glory of Zion International Ministries Inc., and the future surface developer and owner, CL Ventures LLC, has applied for a Specific Use Permit (SUP) to allow for a multi-family residential use as part of a mixed-use development on approximately 31 acres, within the Neighborhood Residential Mixed- Use (NRMU) zoning district and use classification, as described and shown in Exhibit A the Property); and WHERAS, the CL Ventures LLC entered into and executed an agreement with the gas well operator, Sage Natural Resources, of two nearby gas well drilling and production sites (hereinafter, 250 foot reverse setbacks for the multi-family development from the two wells as shown on the attached site plan in ; and WHEREAS, on November 14, 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, recommended to continue discussion of the requested SUP to a date certain of November 28, 2018; and WHEREAS, on November 28, 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 \[4-3\] of the requested SUP, subject to conditions; and WHEREAS, on December 4, 2018, the City Council likewise conducted a public hearing as required by law to consider the Specific Use Permit request and recommended to continue the public hearing to a date certain of January 15, 2019; and WHEREAS, on January 15, 2019, the City Council likewise conducted a public hearing as required by law to consider the Specific Use Permit request and recommended to continue the public hearing to a date certain of February 5, 2019; and WHEREAS, on February 5, 2019, 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 he 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 multi-family residential use on the Property as shown on the site plan attached and incorporated herein as , 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 , and that alterations in the configuration of I-35 are currently in planning. Any driveway access locations from the northbound I-35 frontage road which must be altered in response to changing TxDOT requirements during the permitting process 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 reflects an intent to comply with the DDC requirements for parking, street trees, minimum landscape and canopy areas, open space and recreation space, and compatibility buffers, with administrative approval of alternative buffer elements permitted in accordance with DDC 35.13.8. Minor alterations to the depicted locations of individual plantings may be approved by City staff, provided that the final landscaping, as planted, complies with the attached site plan in in terms of buffer and open space locations, as well as all elements of the DDC. 3. The Agreement entered into and executed by CL Ventures LLC and Sage Natural Resources, LLC, which sets forth the 250 foot reverse setbacks for the multi-family development from the two wells as shown on the attached site plan in , must be filed in the records of Denton County prior to approval of a plat for the subject property, and a note on the plat shall reference the Agreement and setbacks. 4. 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, the attached site plan, and the elements described in Section 3 below, including those referenced in conditions 1 and 2. SECTION 3. The attached site plan, landscape plan, and sample building elevations provided in Exhibit B specify the following requirements, and are incorporated as requirements of the SUP. Staff shall have the ability to approve an increase or decrease of up to 5% of any of the amounts specified in requirements 2-6, provided all applicable requirements of the DDC are met. 1. The multi-family portion of the mixed-use development will encompass a maximum of 17 acres out of the total 31 acres. 2. Sixteen (16) buildings are indicated, with a building footprint area specified at 112,724 square feet. 3. Three hundred thirty six (336) dwelling units are specified, with a density of 20.48 dwelling units per acre. 4. No fewer than six hundred twenty nine (629) parking spaces are required. Six hundred thirty two (632) spaces are specified on the site plan, but 60 of these spaces are specified as garages within the building footprints and do not count against the parking maximum requirements in DDC 35.14. 5. The site plan specifies a total of 49% lot coverage and 51% landscape area which includes a 30-foot wid fence. DDC 35.13.8 grants the Director the ability to approve alternative compatibility buffers. The Director may approve an alternative buffer that is equivalent to or more restrictive than the buffer specified in Exhibit B. 6. The sample building elevations specify an earth tone and gray tone color palette with facades of stucco, hardieboard plank siding, and hardieboard panels. Final building elevations should reflect these materials and colors and be in compliance with DDC 35.13.13.2 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 Denton 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 ___________________, 2019. _______________________________________ CHRIS WATTS, MAYOR ATTEST: RACHEL WOOD, INTERIM CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: /s/Jerry E. Drake, Jr. Exhibit A Legal Description and Location Map Property ID 523508 Northeast Corner of West Windsor and I-35 31.000 Acres BEING all that certain lot, tract or parcel of land situated in the F. Batson Abstract Number 43 in the City of Denton, Denton County, Texas, being a part of that certain tract of land conveyed by deed from Archie C. Payne to Carol Jean Payne Gaede and Roland Edward Payne recorded in Volume 2593, Page 217, Real Property Records, Denton County, Texas and being more particularly described as follows: BEGINNING at a fence corner for corner in the east line of Interstate Highway Number 35, a public roadway and in the south line of the N. Wade Survey Abstract Number 1407, said point being the southwest corner of that certain tract of land conveyed by deed from J & L Partners to Rancho Vista Development Company recorded in Volume 2695, Page 465, Real Property Records, Denton County, Texas; THENCE ista Development Company tract and with said south line of said Wade Survey tract to an iron rod set for corner; THENCE Drive, a public roadway; THENCE found for corner in said East Line of said Interstate Highway; THENCE found for corner; THENCE PLACE OF BEGINNING and containing 31.000 acres of land. Exhibit B Site Plan, Landscape Plan, and Sample Building Elevations PER EMC 18.90.70 FIGURE 2PER EMC 18.90.70 FIGURE 2PER EMC 18.90.70 FIGURE 2 44’ - 2 1/2”44’ - 2 1/2”44’ - 2 1/2” PER EMC 18.90.70B 30’ - 9” PER EMC 18.90.70 FIGURE 2 PER EMC 18.90.70 FIGURE 2 Planning Staff Analysis S18-0008/Windsor Drive Apartments City Council District 3 February 5, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance for a Specific Use Permit to allow for a multi-family residential use as part of a mixed-use development on an approximately 31-acre site, generally located on the north side of Windsor Drive, east of the I-35 N 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. (S18-0008, Windsor Drive Apartments, Hayley Zagurski). OWNER: Glory of Zion International Ministries Inc. APPLICANT: Lee Allison, Allison Engineering Group BACKGROUND: The request is for a Specific Use Permit (SUP) to permit a multi-family use on approximately 31 acres of property generally located on the north side of Windsor Drive east of Interstate 35 north. The subject property is zoned Neighborhood Residential Mixed Use (NRMU) District, which permits multi-family developments with an SUP and the following limitation: = Multi-family is permitted only: 1. With a Specific Use Permit; or 2. As part of a Mixed-Use Development; or 3. As part of a Master Plan Development, Existing; or 4. If the development received zoning approval allowing multi-family use within one (1) year prior to the effective date of Ordinance No. 2005-224; or 5. If The proposed development consists of 336 apartment units on approximately 16.4 out of the total 31 acres. The density of the proposed development would be approximately 20.5 dwelling units per acre, which is below the maximum of 30 dwelling units per acre permitted within the NRMU District. The remaining acreage of the subject property is proposed for commercial development at a future date. The Preliminary Site Plan (Exhibit 6) reflects sixteen buildings as well as associated parking and open space required for the multi-family development. Additionally, the plans reflect setback boundaries from two gas well drilling and production sites located on the eastern adjoining property. The applicant, Allison Engineering Group, and their client, Dimension Capital Partners, have worked extensively with the gas well operator over a period of several months to reach an agreement regarding the setbacks, gas well access road, and future platting of the subject property. As a part of this process, the gas well operator requested that no surface development be placed within the 250 foot reverse setback around the southern gas ch only restricts the within the reverse setback. Additionally, the gas well operator requested that the 250 foot setback from the northern gas well site be measured from the boundaries of a future enlargement they intend to pursue for the northern site rather than from the boundaries of the existing site. This provides an increased reverse setback for now, and should the operator seek to expand the gas well site in the future it would ensure the minimum 250 setback is still met. While the gas well site is not a part of this request, staff feels it is important to note that should the gas well operator seek to expand the northern site in the future the following processes would be required because the site is located within the floodplain fringe: A Watershed Protection Permit, A SUP, and Authorization of a reduction in setbacks to the minimum of 250 feet. This setback reduction authorization is required because existing sites within a residential zoning district have a required 500 foot setback. This 500 foot could be reduced to 250 feet if it is authorized by either the Zoning Board of Adjustment or if all owners of protected uses within the 500 foot radius authorize the reduction. While, the expansion of the gas well site is not a part of the SUP request for the multi-family use, it is important to note because extensive negotiations with the operator have occurred, part of which was the enhanced setbacks shown on the preliminary site plan from the existing northern pad site. SITE DATA: The subject property includes a total of 31 acres of land that are currently undeveloped with the exception of a gravel access road associated with gas well sites on the eastern adjoining property. The access road crosses the southernmost portion of the property. The proposed multi-family development encompasses approximately 16.4 acres on the northern and eastern portions of the property. The property has approximately 1,700 feet of frontage on the I-35 service road and approximately 700 feet of frontage on Windsor Drive. Windsor Drive is classified by the Mobility Plan as a secondary arterial roadway. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Regional Center Zoning: Planned Zoning: PD-142 Commercial Neighborhood Development 142 (PD-142) (RCC-N) District (aka Hillcrest Center) Use: Undeveloped Use: Commercial (RV sales) Uses: Undeveloped (PD permits commercial, light manufacturing, and high density residential uses) West: East: Zoning: RCC-D District Zoning: Neighborhood Residential 2 (NR-2) and Neighborhood Residential 4 Use: Undeveloped (future (NR-4) District Zimmerer Kubota site) SUBJECT PROPERTY Use: Gas Well Development, undeveloped land, and single- family residential (Westglen Subdivision) Southwest: South: Southeast: Zoning: RCC-N District Zoning: NR-6, NRMU-12, Zoning: Neighborhood and NRMU Districts Residential 6 (NR-6) District Use: Commercial (Home Depot) Use: Single-family Use: Single-family residential Residential (Windsor Farms) (Windsor Farms subdivision) and undeveloped land 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 multi-family site design, building materials, parking, and landscaping. The site plan further indicates that the development would meet the following regulations for the NRMU zoning district: Maximum lot coverage of 80% (approximately 49% proposed) Minimum landscape area of 20% (approximately 51% proposed) Maximum building height of 65 feet (40 50 foot height proposed) Maximum density of 30 dwelling units per acre (20.48 dwelling units per acre proposed) Per the Denton Plan 2030 Future Land Use map, the subject property is located on the outer fringe of a larger area intended for Business Innovation. The Business Innovation designation applies to large areas suitable for well-planned, larger scale office and employment parks along with supporting retail, hotel, and residential uses. The bulk of the Business Innovation land use area is located on the west side of I-35and on the north side of Loop 288. The subject property is located on the fringe of this area where the land use designation quickly transitions into Low Residential (one to four dwelling units per acre). It is unlikely that the subject property would be suitable as part of a large-scale office or business park given its location between established neighborhoods and the interstate. However, the property is well-suited for less intensive supporting uses that are needed for Business Innovation, such as higher density residential development and typical highway commercial uses such as restaurants, retail, hotels or other commercial uses permitted in the NRMU District. Thus, the proposed multi-family residential use is consistent with the Future Land Use designation and is also consistent with the need to have a transitional zone in between higher-intensity business uses and the surrounding, established single- family neighborhoods. 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. On the eastern side of I-35 in this area of the City, there is a large amount of undeveloped property as well as several well-established single-family neighborhoods. The proposed multi-family use would provide a logical transition from commercial development typically found along the interstate and permitted under the surrounding NRMU and PD-142 zoning and the nearby single-family neighborhoods. The subject property does not directly adjoin a neighborhood, but is in close proximity to both the Westglen and Windsor Farms subdivisions. The proposed use is not likely to generate offensive odors, fumes, dust, noise, or vibrations. Lighting for the site will be required to comply with the site lighting requirements in DDC Section 35.13.12. Traffic to the site will not have a direct connection to any of the surrounding neighborhoods, and instead would take access from either Windsor Drive or the I-35 frontage road. The Conceptual Site Plan indicates the provision of adequate on-site parking based upon the recently updated multi-family parking standards. The plans also indicate compliance with requirements for parking lot landscaping, right-of-way screening, and buffers. The closest single family homes are over 250 feet away from the subject property, and because the parcel immediately adjoining the subject property to the east contains gas well development, a Type D buffer (30 feet wide with 8 trees and 20 shrubs per 100 linear feet) is required along the eastern property line instead of the Type B buffer (10 feet wide with 5 trees and 30 shrubs per 100 linear feet) that would normally be required between multi-family and single-family uses. The applicant has proposed to provide the minimum 30 foot width for the buffer and to include a 6-foot high opaque fence and trees within the buffer but no shrubs. During the site plan process, the precise requirements for public infrastructure improvements, including water and sewer connections, will be determined. A Traffic Impact Analysis (TIA) is required prior to final platting and site planning based upon the size of the development. The applicant has already been to determine the scope of the TIA. Perimeter street improvements along Windsor Drive are expected, and TXDOT plans for I-35 indicate that additional right-of-way dedication along the western property line will be required in the future, as is indicated on the preliminary site plan. c. That adequate capacity of infrastructure can and will be provided to and through the subject property. Water is available to the proposed development along both the I-35 frontage road and Windsor Drive. Sewer is available either across Windsor Drive or from a line located on the eastern adjoining property, pending obtainment of an off-site easement from the adjoining property owner. Access to the site will occur by means of two driveways, one off of Windsor Drive located across from Bray Village Drive, and one off of the I-35 frontage road. Internal circulation is intended to be provided in the form of one primary drive- aisle that will also provide access to future commercial sites as well as a series of internal drives through the multi-family development. The landscape plan indicates that these internal drives will be designed as private streets with sidewalks and landscaping. 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 multi-family use is compatible with the existing zoning pattern in this area as well as with the Future Land Use designation of Business Innovation. Although there is not currently multi-family development in this area, the use could serve as a transition between commercial development expected along I-35 and the existing neighborhoods along Windsor Drive. The proposed scale of development in terms of density, lot coverage, minimum landscaping, and building height is consistent with the requirements for the NRMU District as was described above. While this scale of development is much greater than what is seen in the nearby neighborhoods, it is appropr location and is consistent with what is developed elsewhere in the City along the interstate. STAFF RECOMMENDATION: The attached site plan, landscape plan, and sample building elevations provided in Exhibits 6-8 specify the following, which will be incorporated as requirements of the SUP ordinance. Staff shall have the ability to approve an increase or decrease of up to 5% of any of the amounts specified in requirements 2-6, provided all applicable requirements of the DDC are met. 1. The multi-family portion of the mixed-use development will encompass a maximum of 17 acres out of the total 31 acres. 2. Sixteen (16) buildings are indicated, with a building footprint area specified at 112,724 square feet. 3. Three hundred thirty six (336) dwelling units are specified, with a density of 20.48 dwelling units per acre. 4. No fewer than six hundred twenty nine (629) parking spaces are required. Six hundred thirty two (632) spaces are specified on the site plan, but 60 of these spaces are specified as garages within the building footprints and do not count against the parking maximum requirements in DDC 35.14. 5. The site plan specifies a total of 49% lot coverage and 51% landscape area which includes a 30-stern property line. The fence. DDC 35.13.8 grants the Director the ability to approve alternative compatibility buffers. The Director may approve an alternative buffer that is equivalent to or more restrictive than the buffer specified in Exhibits 6-8. 6. The sample building elevations specify an earth tone and gray tone color palette with facades of stucco, hardieboard plank siding, and hardieboard panels. Final building elevations should reflect these materials and colors and be in compliance with DDC 35.13.13.2 Staff recommends approval of the SUP with the following conditions: 1. The City Council recognizes that driveway access locations from state highways must be ap alterations in the configuration of I-35 are currently in planning. Any driveway access locations from the northbound I-35 frontage road which must be altered in response to changing TxDOT requirements during the permitting process 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 reflects an intent to comply with the DDC requirements for parking, street trees, minimum landscape and canopy areas, and compatibility buffers, with administrative approval of alternative buffer elements permitted in accordance with DDC 35.13.8. Minor alterations to the depicted locations of individual plantings may be approved by City staff, provided that the final landscaping, as planted, complies with the attached site plan in terms of buffer and open space locations, as well as all elements of the DDC. 3. The Agreement entered into and executed by CL Ventures LLC and Sage Natural Resources, LLC, which sets forth the 250 foot reverse setbacks for the multi-family development from the two wells as shown on the attached site plan, must be filed in the records of Denton County prior to approval of a plat for the subject property, and a note on the plat shall reference the Agreement and setbacks. 4. 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, the attached site plan, and the elements described above and in Section 3 of the Draft Ordinance, including those referenced in conditions 1 and 2. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 24 notices were sent to property owners within 200 feet of the subject property, 62 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 held a neighborhood meeting on September 6, 2018. Approximately 18 people attended the meeting, at which time the applicant described and showed the plans for the proposed development and answered questions. A primary concern expressed by the neighbors in attendance was the need for the northern half of Windsor Drive to be completed. S18-0008 Site Location BAUER HAMPTON TIESZEN 02555101,020 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 8/28/2018 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. S18-0008 Zoning Map ETJ PD RCC-N NRMU NR-4 BAUER RD-5X NR-6 HAMPTON IC-G NR-3 TIESZEN EC-I NR-2 RCC-D NRMU-12 CM-G 02555101,020 Feet SITECM-GNR-2NRMURCC-N µ EC-INR-3NRMU-12RD-5X Zoning Overlay ETJNR-4PD Parcels IC-GNR-6RCC-D Roads Date: 8/28/2018 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. S18-0008 Future Land Use Map Low Residential BAUER HAMPTON Business Innovation Parks / TIESZEN Moderate Open Residential Space Regional Mixed Use Industrial Commerce 03857701,540 Feet SITEBusiness Innovation Future Land Use µ Low ResidentialCommercial Parcels Industrial Commerce Moderate Residential Roads Government / Institutional Regional Mixed Use Parks / Open Space Neighborhood Mixed Use Date: 8/28/2018 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. PER EMC 18.90.70 FIGURE 2PER EMC 18.90.70 FIGURE 2PER EMC 18.90.70 FIGURE 2 44’ - 2 1/2”44’ - 2 1/2”44’ - 2 1/2” PER EMC 18.90.70B 30’ - 9” PER EMC 18.90.70 FIGURE 2 PER EMC 18.90.70 FIGURE 2 S18-0008 Notification Map 500ft Buffer 200ft Buffer BAUER HAMPTON TIESZEN 02555101,020 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 8/28/2018 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 #:ID 19-159,Version:1 AGENDA CAPTION Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas designating a certain area within the city limits of Denton as Tyson Sales and Distribution Reinvestment Zone No. XIV for commercial/industrial tax abatement; establishing the boundaries of such zone; making findings required in accordance with Chapters 311 and 312 of the Texas Tax Code; ordaining other matters relating thereto; providing a severability clause; providing for repeal; and providing an effective date. City of DentonPage 1 of 1Printed on 2/1/2019 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: February 5, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas designating a certain area within the city limits of Denton as Tyson Sales and Distribution Reinvestment Zone No. XIV for commercial/industrial tax abatement; establishing the boundaries of such zone; making findings required in accordance with Chapters 311 and 312 of the Texas Tax Code; ordaining other matters relating thereto; providing a severability clause; providing for repeal; and providing an effective date. BACKGROUND The attached ordinance establishes Reinvestment Zone No. XIV. Under Chapter 312 of the Texas Tax Code, businesses that receive tax abatements must be located within a reinvestment zone, which is a designated area where economic development is encouraged. Tyson Sales and Distribution plans to build a 350,000+ square foot, highly automated refrigerated distribution center on an approximately 50-acre site located at the southeast corner of Jim Christal Road and Western Boulevard. a tax abatement agreement with Tyson Sales and Distribution. The tax abatement item, File ID 19-161, will be presented immediately following the public hearing. FISCAL INFORMATION Establishing the reinvestment zone has no fiscal impact. PRIOR ACTION Jan. 15, 2019 Public hearing opened and continued to next regular meeting Dec. 11, 2018 Work session presented to Council; majority direction to proceed with staff and EDP Board recommendation Nov. 14, 2018 Economic Development Partnership Board work session and recommendation in favor of a tax abatement for Tyson Sales and Distribution (8-1) EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Exhibit 3 Presentation Respectfully submitted: Caroline Booth Director of Economic Development City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-161,Version:1 AGENDA CAPTION Consider adoption of an ordinance authorizing the Mayor to execute a tax abatement agreement with Tyson Sales and Distribution, Inc. setting forth all the required terms of the tax abatement agreement in accordance with the terms of Chapter 312 of the Texas Tax Code; setting forth the various conditions to Tyson Sales and Distribution, Inc. receiving the tax abatement; providing for a severability clause; and providing an effective date. City of DentonPage 1 of 1Printed on 2/1/2019 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: February 5, 2019 SUBJECT Consider adoption of an ordinance authorizing the Mayor to execute a tax abatement agreement with Tyson Sales and Distribution, Inc. setting forth all the required terms of the tax abatement agreement in accordance with the terms of Chapter 312 of the Texas Tax Code; setting forth the various conditions to Tyson Sales and Distribution, Inc. receiving the tax abatement; providing for a severability clause; and providing an effective date. BACKGROUND Company Tyson Sales and Distribution, based in Springdale, Arkansas, contacted the City of Denton in February 2018 regarding a distribution center project. Tyson Sales and Distribution provides refrigerated warehousing and distribution services to the Tyson Foods, Inc. companies, which include the brands Tyson, Jimmy Dean, Hillshire Farm, BallPark, and State Fair, among others. Tyson Foods had $38 billion in sales in FY 2017 and employs 122,000. As a company, Tyson takes a comprehensive approach to sustainability, focusing on five pillars: food, animal well-being, environment, workplace, and community. One corporate sustainability initiative is to achieve a 12% reduction in water use between 2015 and 2020. Another is to donate at least $50 million in cash or product for hunger relief between 2015 and 2020; $45 million has been given so far. Project Tyson is seeking a location for a 350,000+ square foot highly automated refrigerated distribution center to expand service capacity to help enable growth, anticipate the needs of customers, and improve reaction time to those needs. The facility will contain automated storage and retrieval systems, including stacker cranes, gantry robots for layer picking, pallet conveyors and transfer cars, and a monorail. It is expected to ship 700 million pounds of product annually from the facility. The facility will have about a 2 megawatt annual electric demand. It will employ 100 on a full-time basis with hourly wages ranging from $20 to $45; full- time employees are benefits eligible. The Denton County average wage is $22.07. The weighted average hourly wage for Tyson is $24.82, which is 12.50% higher than the County average. considerations include workforce availability, return on investment, utilities infrastructure, proximity to customers and facilities, and ease of implementation. Competitive Recruitment and the Texas Enterprise Zone Program Tyson is vetting sites in Indianapolis, Indiana; Rogers, Arkansas; Tooele, Utah; and Denton, the only location under consideration in Texas. The Denton site is 65+/- acres at the southeast corner of Jim Christal Road and Western Boulevard in the Westpark Tax Increment reinvestment Zone (TIRZ) Number Two. The Texas Enterprise Zone Program is a State economic development tool to promote job creation and capital investment in economically distressed areas. Successful applicants are eligible to apply for State sales and use tax refunds on qualified expenditures. The program provides reimbursement based on the level of capital investment and number of jobs created by a project. A certain percentage of jobs created must be filled by economically disadvantaged individuals or veterans for the company to receive the grant. A local incentive is required for a company to be able to apply to the Texas Enterprise Zone Program. Denton County Tax Abatement Tyson plans to apply for a Denton County tax abatement. Under D the Commissioners Court will only consider granting a tax abatement to an applicant that has a tax abatement agreement with a municipality first. City staff has been coordinating with Tyson Sales and Distribution and Denton County regarding County incentives. FISCAL INFORMATION Current Conditions 2018 Certified TIRZ Revenue City Revenue Tax Revenue Valuation Estimate (40%) Estimate (60%) Estimate Project Land (Ag) $3,720.00 $9.23 $13.85 $23.08 Ad Valorem Valuation and Annual Revenue Estimated TIRZ Fund* Revenue General Fund Revenue Gross Tax Revenue Valuation Eligible Estimate Estimate Estimate Project Land * $3,034,771.00 $7,532.02 (40%) $11,298.03 (60%) $18,830.06 Improvements ** $18,000,000.00 $44,674.34 (40%) $67,011.52 (60%) $111,685.86 BPP*** $28,900,000.00 $0.00 (0%) $179,317.85 (100%) $179,317.85 $49,934,771.00 $52,206.37 $257,627.40 $309,833.77 Total Valuation Denton 2018/19 tax rate: .620477 *Land currently has an ag exemption, market value used for estimate **Project is located within the Westpark TIRZ, so 40% of revenue from land and improvements goes into the TIRZ Fund ***BPP not included in TIRZ contribution, 100% City Revenue; Tyson has revised its June 2018 BPP estimated valuation from $30.6 million to $28.9 million City of Denton Tax Abatement Tyson contacted City Economic Development staff regarding a possible Denton Project site in February 2018. The 2016 Council-adopted incentive policy in effect at that time contained the following table as a framework for considering length and percentage of incentives. 2018 Policy for Tax Abatement and Incentives, a business may be considered for a tax abatement of 25% if at least $5 million in investment/new value is met. The length of the abatement increases with higher investment/value, but may not exceed 10 years. Tyson meets the following priority considerations outlined in the policy: business and community investment expanding the tax base increasing jobs with wages above Denton Countys average wage generating significant new customers for municipal utilities vestment is significant at $28.9 million. The investment is estimated to provide $179,318 in annual revenue to the City. This revenue is not captured by the TIRZ and was used to perform the incentive analysis, included as Exhibit 2. The TIRZ captures 40% of the increase in real property values above the base value for the two participating jurisdictions, City of Denton and Denton County. Based on th, staff performed an analysis using a 25% tax abatement on the business personal property only for a term of six years. Standard practice for economic development impact analysis is a term of ten years, which allows for comparisons between incentives. This equates to an annual incentive of approximately $44,829 for a total of $268,977 over the life of the six-year term. The remaining 75% personal property revenue to the City is approximately $134,488 annually and $1,524,202 over a ten- year period. Immediately prior to this item on the February 5, 2019, agenda, Council will hold a public hearing to consider adoption of an ordinance designating a certain area within the City limits of Denton as Tyson Sales and Distribution Reinvestment Zone No. XIV for commercial/industrial tax abatement (File ID 19- 159). the reinvestment zone then will allow Council to consider a tax abatement agreement with Tyson Sales and Distribution. Economic Growth Rider from Denton Municipal Electric recruitment target because large customers in sectors like manufacturing and refrigerated/frozen food distribution use energy consistently around the clock. Steady industrial users allow DME to purchase power at a lower price and receive a better rate of return overall, which helps keep rates recruit customers like this to Denton. Available only to qualified customers, the EGR is a five-year, sliding electric rates or any other charges related to their electric consumption. Implementing the EGR does not negatively affect other ratepayers. Based on preliminary calculations, Tyson will be eligible for an estimated $449,886 EGR if it meets the qualifications. The demand charge over the ten-year period is $2,549,354. This information is presented in Exhibit 2. REQUEST Tyson Sales and Distribution requests a tax abatement from the City to offset development costs and to enable the company to apply for a Denton County tax abatement and the Texas Enterprise Zone Program grant. RECOMMENDATION Given the large capital investment, the significant tax revenue from business personal property that will not be captured by the TIRZ, number of quality jobs created, and an average salary for jobs that is 12.5% higher than the Denton County average, staff recommends a 25% tax abatement on business personal property only for a term of 6 years. The Economic Development Partnership Board concurred with the staff recommendation (8-1). PRIOR ACTION Dec. 11, 2018 Work session presented to Council; majority direction to proceed with staff and EDP Board recommendation Nov. 14, 2018 Economic Development Partnership Board work session and recommendation EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Tyson Analysis Exhibit 3 Incentive Application Exhibit 4 Ordinance and Agreement Exhibit 5 Response to Council Requests for Information Exhibit 6 Presentation Respectfully submitted: Caroline Booth Director of Economic Development Economic Incentive Application City of Denton, Texas version 0817 INSTRUCTIONS The City of Denton's Economic Development Department will use your responses to this application to prepare an economic impact analysis of your location or expansion project. Please enter the required information in the shaded cells or check boxes. If you have additional notes or information to include, insert rows or use Column K. Please attach any revelant maps, plats, metes and bounds, or renderings. Only complete applications will be considered. If you need assistance, call (940) 349-7776. Please email the completed questionnaire to Caroline.Booth@cityofdenton.com PLEASE COMPLETE PAGES (TABS) 1 - 7 GENERAL INFORMATION Today's date: 6/6/2018 Company contact information Name:Tyson Sales & Distribution Address:PO Box 2020 (CP131) City, State, ZIP:Springdale, AR 72765-2200 Website:www.tyson.com Person submitting the questionnaire: Name:Alyson BrownPhone:479-290-4809 Title:Sr Tax AccountantFax: Email:alyson.brown@tyson.com Person responsible for grant administration: Name:Jan NashPhone:479-290-1168 Title:Director Non Income TaxFax: Email:jan.nash@tyson.com Brief description of company's history including current operations: Tyson Sales & Distribution provides refrigerated warehousing & distribution services to the Tyson Foods, Inc companies. Publicly Traded Privately Held Company ownership: Business form: Corporation Joint VenturePartnershipSole Proprietorship Parent company (if applicable):Tyson Foods Inc Company's primary 6-digit North American Industry Classification System (NAICS) Code:493110 Is the project a relocation of an existing facility to Denton from another location? YesNo If yes, give current location: PLEASE COMPLETE NEXT TAB: Description Economic Incentive Application PROJECT DESCRIPTION Please provide a brief description of the project in Denton (activities to be performed, products to be produced, services to be provided). 250 word limit. The project will provide warehousing and distribution services to the Tyson family of companies. The distribution center will expand services capacity to enable growth. The center will enable us to anticipate the needs of our customers and improve reaction times to their needs. The distribution network is planned for prevention through design and will reduce our environmental footprint. It will improve team member safety and improve sustainability by reducing the environmental footprint. The Denton facility will be an automated facility containing automated storage retrieval systems, Gantry robots for layer picking and a monorail. List any additional factors to be considered for this project. Please select all that apply. Occupies building vacant for at least 2 International or national headquarters years xProject creates knowledge based, high-25% of local contractors utilized or new jobs skilled, or high-paying jobsfilled by Denton residents Significant relationship with Targeted industry sector universities Improvements to DowntownCommunity support and involvement SUSTAINABLE PRACTICES List any company "green" or sustainable initiatives:https://www.tysonfoods.com/sustainability No Will the company be seeking LEED Certification? Yes If yes, please provide level of certification sought:TBD PLEASE COMPLETE NEXT TAB: Employment Economic Incentive Application SALES TAX This information is used to estimate the fiscal impact. Please provide the current annual taxable sales (if applicable).$0 Please provide the current annual taxable purchases.$59,920,000 This data is used to determine the economic impact of the construction period. Please provide the number of construction jobs anticipated.150.00 The following are used for the economic impact of out-of-town visitors. Number of out-of-town visitors estimated in the first year.100.00 Average number of Hotel room nights in Denton.2000.00 PLEASE COMPLETE NEXT TAB: Utility Economic Incentive Application UTILITY USAGE ELECTRIC Estimated ANNUAL usage in kWh13,481,324 Estimated MONTHLY KW demand1,123,443 Estimated Peak KW586,000 Capacity factor0.95 What types of power equipment will your facility use? The warehouse will be designed to minimize the use of electricity and fossil fuels. The facility will contain an automated storage and retrieval system. The system will include stacker cranes, a layer picking gantry robot, monorail, pallet conveyors and pallet transfer cars and other machinery and equipment. The facility will be refrigerated storage. Please provide the percent of the project's projected utility usage for manufacturing or processing operations (if applicable).0% NATURAL GAS Estimated ANNUAL usage in mcf250,416 Estimated MONTHLY mcf demand20,868 Estimated Peak mcf18,000 WATER Estimated ANNUAL usage in gpd16,666,667 Estimated MONTHLY gpd demand1,388,888 Estimated Peak gpd50,000 WASTEWATER Estimated ANNUAL usage in gpd0 Estimated MONTH gpd demand0 Estimated Peak gpd0 PLEASE COMPLETE NEXT TAB: New Construction Economic Incentive Application NEW CONSTRUCTION PROJECT INFORMATION Project type: Other (please describe) Build to SuitSpeculative Industrial Project use: Retail/Restaurant Warehouse/Distribution Office Other (please describe) Project size:Acreage:65 acSq. Feet:350,000 + Preferred start date:10/1/2018 Desired completion date:12/1/2020 Current property value from Denton Central Appraisal District* (DCAD): $1,000,000.00 *Please attach a copy of the latest property tax statement(s) from DCAD. INVESTMENT What funds will be invested or leveraged for the project? CategoryTotal Improvements/ Structures $61,905,315 Personal Property $30,573,301 Engineering and Design $0 Site Development $0 Other Improvements $5,000,000 Total Project Costs $97,478,616 TAX BASE Provide the estimated valuation of the project. CategoryEstimated New Valuation Improvements/ Structures$18,000,000 Personal Property $30,573,301 Inventory$19,302,525 Freeport Exemption $7,094,629 Total$74,970,455 Describe any off-site infrastructure requirements. TBD Water TBD Wastewater TBD Streets TBD Drainage TBD Other PLEASE COMPLETE NEXT TAB: Relocation - Expansion Economic Incentive Application RELOCATION OR EXPANSION PROJECT INFORMATION Project type: Other (please describe) Build to SuitSpeculative Industrial Project use: Retail/Restaurant Warehouse/Distribution Office Other (please describe) Project size:Acreage:Sq. Feet: Preferred start date: Desired completion date: Current property value from Denton Central Appraisal District* (DCAD): *Please attach a copy of the latest property tax statement(s) from DCAD. INVESTMENT What funds will be invested or leveraged for the project? CategoryTotal Improvements/ Structures $0 Personal Property $0 Engineering and Design $0 Site Development $0 Other Improvements $0 Total Project Costs $0 TAX BASE Provide the estimated valuation of the project. Estimated Increase in Estimated New CategoryCurrent Valuation Valuation Valuation Improvements/ Structures$0$0$0 Personal Property$0$0$0 Inventory $0$0$0 Freeport Exemption$0$0$0 Total $0$0$0 Describe any off-site infrastructure requirements. Water Wastewater Streets Drainage Other Last page - application complete Responses to Council Requests for Information 1. Differences Between Tyson and US Cold Storage Projects 2. Wage and Hour, Environmental, and Animal Handling Issues Staff reached out to Tyson regarding wage and hour, environmental, and animal handling issues. stakeholder engagement that included farmers and ranchers, non-governmental organizations, policymakers, and others to understand what needed to change. That process led to the launch of new goals in 2016/2017 in five areas: Food, Animal Well-Being, Environment, Workplace, and Community. Examples of those goals include: Reducing water use intensity 12% by 2020 against a 2015 baseline Reducing workplace injuries by 15% year over year; reduced by 22% from 2016 to 2017 Giving $50 million in cash and product by 2020 for hunger relief; $45 million given since 2015 3. Information about Tysons Transportation Sustainability and Emission Reduction Strategy Staff reached out to Tyson regarding its sustainability and emission reduction strategy for transportation. Tysonnagement response follows: Tyson maintains its Partnerships within the Environmental Protection Agency Program. Ninety-five percent s contract carrier base are also Partners in the SmartWay Program. Tyson currently implements several strategies to reduce emissions, lower fuel consumption, and decrease greenhouse gases, some of which include: route optimization, weighting and/or cubing out shipments, choosing alternate shipping options (air/rail/etc.) when possible, and investing in ultra-light equipment. These methods overall reduce the number of trucks on the road and our carbon footprint. Tyson has reduced NOx emissions by 40% from 2007 to 2017; which has immense air quality benefits. Tyson will be testing a more fuel-efficient, environmental-friendly truck engine in 2019 on a route from Arizona to California. The Achates Power Technology has the potential to cut NOx pollution by 90 percent, compared to more widely used engine types. In addition, it can increase fuel efficiency 15 to 20 percent. These engine models are also engineered to emit 10 percent less CO2 than the 2027 federal greenhouse gas requirement. Tyson will also be testing an electric tractor, in early 2019, for hauling and moving trailers around in its Northwest Arkansas distribution center. 4. Information about Road Infrastructure and Existing Businesses in the Westpark Industrial Park/TIRZ Area The following map is a depiction of the City of Denton, Texas Department of Transportation, and private roads within and bordering the Westpark Industrial Park/TIRZ area. City Capital Projects has confirmed that Jim Christal Road is not part of a City of Denton Capital Improvement Program or Bond. Therefore, there are no dates associated with a reconstruction or rehab by the City. As such, any improvements are to be made by the developer of the Westpark TIRZ or the end-use developers. The following map is a depiction of the existing businesses within and bordering the Westpark Industrial Park/TIRZ area. The proposed Tyson site is shown in yellow. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-111,Version:1 AGENDA CAPTION ConsideradoptionofanOrdinanceoftheCityofDenton,Texasauthorizingtheexpenditureoffundsforthe paymentofwholesaletransmissionchargesinthetotalamountof$4,655,183.48toCrossTexasTransmission, LLC($269,987.38),ElectricTransmissionTexas,LLC($1,103,574.81),LoneStarTransmission,LLC ($333,779.25),LowerColoradoRiverAuthority($1,597,852.36),SharylandUtilities,LP($943,784.53),Wind EnergyTransmissionTexas,LLC($406,205.15);and,providinganeffectivedate.ThePublicUtilitiesBoard recommends approval (5-0). City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Denton Municipal Electric CM: Todd Hileman DATE: February 5, 2019 SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas authorizing the expenditure of funds for the payment of wholesale transmission charges in the total amount of $4,655,183.48 o Cross Texas Transmission, LLC ($269,987.38), Electric Transmission Texas, LLC ($1,103,574.81), Lone Star Transmission, LLC ($333,779.25), Lower Colorado River Authority ($1,597,852.36), Sharyland Utilities, LP ($943,784.53), Wind Energy Transmission Texas, LLC ($406,205.15); and, providing an effective date. BACKGROUND The Texas Public Utility Regulatory Act requires that each Transmission Service Provider (TSP) file a tariff for transmission service with the Public Utility Commission of Texas (PUCT) in order to get such tariff approved. The tariff applies to all Distribution Service Providers (DSP). As a DSP under 16 TAC § 25.5(33), Denton Municipal Electric (DME) is obligated to compensate TSPs for their transmission cost of service based on based on DME’s pro-rata share of the total ERCOT electric load. Other Distribution Service Providers are similarly obligated to compensate DME for their respective share of DME’s transmission costs as a Transmission Service Provider. Approval of this item will authorize the issuance of purchase orders to each of the following entities to reimburse them for DME’s share of their transmission costs, as per the state law referenced in the above paragraph, less the amount that each entity owes DME for DME’s transmission costs (i.e. these are net amounts). This is being brought forward to the City Council for transparency/accountability since these net payments exceed $50,000 each. In prior years, budgeted TCOS payments have been made administratively since they are statutorily mandated payments and amounts. A number of smaller net TCOS bills (i.e. less than $50,000) are being concurrently paid under standard City payment authority. Cross Texas Transmission $ 269,987.38 Electric Transmission Texas, LLC $ 1,103,574.81 Lone Star Transmission $ 333,779.25 Lower Colorado River Authority $ 1,597,852.36 Sharyland Utilities, L.P. $ 943,784.53 Wind Energy Transmission Texas $ 406,205.15 Total$ 4,655,183.48 It should be noted that the TCOS payment process overseen by the PUCT is iterative and that these initial billing amounts may be trued-up later by the PUCT. At that time, minor adjustments to the issued Purchase Order amounts could be necessary and will be handled administratively by the Finance Department. OPTIONS These payments are mandated by the Texas Public Utility Regulatory Act and thePublic Utility Commission of Texas. RECOMMENDATION DMErecommends approval of payment of PUCT approved transmission charges to each of the six transmission entities in the total amount of $4,655,183.48. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board reviewed this item on January 28, 2019. The PUBrecommends approval of the Ordinance (5-0). FISCAL INFORMATION Funds to meet these regulatory fee obligations were budgeted in 2018-2019 budget account 600100.6072.5650A. EXHIBITS 1.Agenda Information Sheet 2.Ordinance Respectfully submitted: George Morrow General Manager – Denton Municipal Electric Prepared by: Smith Day Regulator & Risk Div. Manager City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-148,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theCityManagertoexecuteapublicworkscontractwithJagoe-PublicCompanyfortheconstructionofthe HickoryCreekRoadWideningProjectfortheCityofDenton;providingfortheexpenditureoffundstherefor; andprovidinganeffectivedate(IFB6903-awardedtoJagoe-PublicCompany,inthenot-to-exceedamountof $5,320,870). City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: February 5, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a public works contract with Jagoe-Public Company for the construction of the Hickory Creek Road Widening Project for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (IFB 6903 - awarded to Jagoe-Public Company, in the not-to-exceed amount of $5,320,870). BID INFORMATION/BACKGROUND The Hickory Creek Widening Project consists of constructing 1.3 miles of a four-lane roadway with a median, turn lanes, storm drain system, sidewalks, and a bridge. The project limits of the new roadway are from West of Teasley Drive to Riverpass Road. The schedule for this project is approximately 12 months. In addition to the new roadway, the project includes 4,000 linear feet of storm drain (18-48 inches in diameter). A portion of the 10-foot sidewalk was constructed last summer and is excluded from the scope of this project. The drainage system that will be construction is designed to provide capacity for the 100- year storm event. In the addition, a new bridge will be constructed next to the existing bridge over Fletcher Branch to carry the eastbound traffic. If the project is awarded by City Council, the contractor will begin in April 2019 and is expected to be completed in April 2020. Please Note: The scope of this project does not address the straightening of the curve along Hickory Creek Road. That project will need to be engineered and the City in cooperation with Denton County have been working cooperatively to engage an engineering firm in expeditious fashion to begin addressing the project. An engineering contract is scheduled for consideration by City Council at the February 12, 2019 Council agenda. Invitation for Bids was sent to 467 prospective bidders for this item. In addition, specifications were placed on the Materials Management website for prospective bidders to download and advertised in the local newspaper. One (1) bid was received by Jagoe-Public Company. construction cost (OPCC) was $6.0-6.2 Million. RECOMMENDATION Award a contract with Jagoe-Public Company, for the construction of the Hickory Creek Road Widening Project, in the not-to-exceed amount of $5,320,870. -6.2 Million and the history of costs of similar projects the bid price is reasonable and customary. PRINCIPAL PLACE OF BUSINESS Jagoe-Public Company Denton, TX ESTIMATED SCHEDULE OF PROJECT This project is estimated to be completed within 365 calendar days from Notice to Proceed. FISCAL INFORMATION This project will be funded from Account 250042467.1360.40100. Requisition # 140948 has been entered in the Purchasing software system in the amount of $5,320,870. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Bid Tabulation Exhibit 3: Project Location Map Exhibit 4: Ordinance and Contract Respectfully submitted: Lori Hewell, (940) 349-7100 Purchasing Manager For information concerning this acquisition, contact: W. Todd Estes, at 940-349-8917. Legal point of contact: Mack Reinwand at 940-349-8333. Exhibit 2 IFB 6903 - Bid Tabulation for Hickory Creek Road Widening Respondent's Name: Jagoe-Public Company Principal Place of Business (City and State): Denton, TX Specification Unit of Bid Item No.DescriptionUnit PriceExtended Price Section No.MeasureQuantity Base Bid General 1Mobilization / Demobilization103.3LS1$ 200,000.00 $200,000.00 2Portable Changeable Message Signs808MO36$ 2,800.00 $100,800.00 3Storm Water Pollution Prevention Plan201LS1$ 800.00 $800.00 4Project Signs107.20EA2$ 400.00 $800.00 5Traffic Control Plan and Barricades, Warnings & Signs808LS1$ 22,000.00 $22,000.00 Demolition and Project Preparation 6Prepare Right-of-Way203.1STA26$ 4,350.00 $113,100.00 7Remove Existing Concrete Channel LiningTS-01LS1$ 9,750.00 $9,750.00 8Remove Street Signs203.1EA11$ 105.00 $1,155.00 9Adjust Sanitary Sewer Manhole Rim TS-02EA2$ 850.00 $1,700.00 10Unclassified Excavation203.2CY7,848$ 14.00 $109,872.00 Paving Improvements 113" Type C PG 64-22 Asphalt Surface Course302.9SY15,299$ 10.25 $156,814.75 123" Type B PG 64-22 Asphalt Base Course302.9SY15,299$ 10.00 $152,990.00 134" Type B PG 64-22 Asphalt Base Course (Below Curbs)302.9SY17,966$ 13.00 $233,558.00 148" 3600 PSI Concrete Pavement303SY131$ 64.00 $8,384.00 1512" Cement Stabilized Subgrade @ 7%301.3SY19,002$ 3.75 $71,257.50 16Cement for Subgrade Stabilization (64 Lbs/SY)301.3TN608$ 142.00 $86,336.00 17Concrete Curb and Gutter305.1LF7,759$ 18.00 $139,662.00 18Concrete Valley Gutter303SY301$ 66.00 $19,866.00 19Stamped Colored ConcreteTS-04SY69$ 120.00 $8,280.00 20Tapered Median NoseTS-05SY23$ 160.00 $3,680.00 216" Concrete Driveway303SY228$ 67.00 $15,276.00 228" Flexible Base for Driveways301.5SY118$ 50.00 $5,900.00 236" Type B Asphalt Driveways302.9SY95$ 47.00 $4,465.00 24Concrete Sidewalk305.2SY2,652$ 38.00 $100,776.00 25Accessible Sidewalk RampsTS-06EA10$ 1,150.00 $11,500.00 264" Schedule 40 Irrigation SleeveTS-07LF839$ 15.50 $13,004.50 Drainage Improvements 27Modified Parallel Wing HeadwallTS-10EA2$ 25,250.00 $50,500.00 28Sloping End TreatmentTS-11SY22$ 56.00 $1,232.00 29Storm Drain Line "B" Inlet StructureTS-12LS1$ 9,750.00 $9,750.00 30Parallel Wings for 10' x 3' Box CulvertTS-13EA1$ 48,000.00 $48,000.00 3110' Recessed Inlet702EA9$ 3,300.00 $29,700.00 323'x3' Wye Inlet702EA1$ 2,025.00 $2,025.00 335'x5' Junction Box702EA1$ 3,400.00 $3,400.00 344'x4' Junction Box702EA3$ 3,350.00 $10,050.00 35Cast-in-place 10'x3' RCBTX 462LF80$ 575.00 $46,000.00 36Cast-in-place Triple 7'x5' RCBTX 462LF254$ 1,150.00 $292,100.00 3760" Class III RCP501.6LF42$ 345.00 $14,490.00 3836" Class IV RCP501.6LF51$ 212.00 $10,812.00 3930" Class III RCP501.6LF120$ 122.00 $14,640.00 4024" Class III RCP501.6LF227$ 99.00 $22,473.00 4124" Class IV RCP501.6LF64$ 105.00 $6,720.00 4218" Class III RCP501.6LF515$ 85.00 $43,775.00 43Trench Safety107.19.3LF1,353$ 1.78 $2,408.34 4418" Grouted Rock RiprapTS-14SY78$ 165.00 $12,870.00 45Channel and Channel Ramp803.3SY456$ 54.00 $24,624.00 466" Concrete Rip Rap for Channels803.3SY467$ 54.00 $25,218.00 Water Improvements 4712" AWWA C151 Class 52 Restrained-Joint DI Water Main501.7LF221$ 167.00 $36,907.00 4812" Gate Valve502.6.2LF1$ 3,700.00 $3,700.00 4912"x6" Tapping Sleeve and ValveTS-15EA1$ 4,900.00 $4,900.00 506" C900 DR-14 Water Line501.14LF15$ 45.00 $675.00 51Fire Hydrant Assembly502.3EA1$ 6,700.00 $6,700.00 Exhibit 2 IFB 6903 - Bid Tabulation for Hickory Creek Road Widening Respondent's Name: Jagoe-Public Company Principal Place of Business (City and State): Denton, TX Specification Unit of Bid Item No.DescriptionUnit PriceExtended Price Section No.MeasureQuantity 52Trench SafetyTS-16EA236$ 10.25 $2,419.00 Miscellaneous Improvements 53Traffic Sign AssemblyTS-20EA8$ 400.00 $3,200.00 54Striping and Pavement MarkingsTX 666LS1$ 24,500.00 $24,500.00 555 Strand Barbed Wire FencingTX 550LF337$ 9.35 $3,150.95 564' Chain Link Fence801.4LF219$ 20.50 $4,489.50 57Wire & Mesh Fence801.5LF1,200$ 10.90 $13,080.00 58Handrail801.3LF180$ 65.00 $11,700.00 59Concrete Retaining Wall with Fence802.2LF126$ 170.00 $21,420.00 60Removable BollardsTS-21EA2$ 500.00 $1,000.00 61Remove and Replace Pipe and Mesh Gate'E' &'F' 801.5EA1$ 3,570.00 $3,570.00 62Remove and Replace Metal Gate and Posts Gate 'D'801.5EA1$ 1,785.00 $1,785.00 63Remove and Replace Rock MailboxTS-17LS1$ 1,430.00 $1,430.00 64Remove and Replace Ornamental MailboxTS-18LS1$ 400.00 $400.00 65Sprinkler System AdjustmentsTS-19LS1$ 5,250.00 $5,250.00 66Hydromulch204.6.4.4SY12,401$ 0.58 $7,192.58 67Top Soil204.2CY1,364$ 8.25 $11,253.00 68Sodding204.5SY500$ 7.95 $3,975.00 Total Base Bid $2,435,211.12 Base Bid Transition and Temporary Improvements 713" Type C PG 64-22 Asphalt for Transition302.9SY1,030$ 12.45 $12,823.50 725" Type B PG 64-22 Asphalt for Transition302.9SY1,030$ 18.25 $18,797.50 736" Cement Stabilized Subgrade @ 7%301.3SY1,078$ 4.30 $4,635.40 74Cement for Subgrade Stabilization (32 Lbs/SY)301.3TN17$ 144.00 $2,448.00 75Pavement MarkingsTX 666LS1$ 7,600.00 $7,600.00 76Traffic Sign AssemblyTS-20EA3$ 400.00 $1,200.00 774" Asphalt Sidewalk302.9SY396$ 26.00 $10,296.00 7824" Class III RCP501.6SY77$ 100.00 $7,700.00 793'x3' Junction Box702EA1$ 3,400.00 $3,400.00 80Parallel Wings for 24" CulvertTS-13EA1$ 3,300.00 $3,300.00 Total Base Bid Transtion and Temporary Improvements$72,200.40 Alternate 1 - From Montecito Drive to Almonte Drive General A1-1Mobilization / Demobilization103.3LS1$ 90,000.00 $90,000.00 A1-2Portable Changeable Message Signs808MO12$ 2,800.00 $33,600.00 A1-3Storm Water Pollution Prevention Plan201LS1$ 800.00 $800.00 A1-4Project Signs107.20EA2$ 400.00 $800.00 A1-5Traffic Control Plan and Barricades, Warnings & Signs808LS1$ 9,300.00 $9,300.00 Demolition and Project Preparation A1-6Prepare Right-of-Way203.1STA14$ 3,550.00 $49,700.00 A1-7Remove Street Signs203.1EA7$ 110.00 $770.00 A1-8Unclassified Excavation203.2CY8,896$ 10.50 $93,408.00 Paving Improvements A1-93" Type C PG 64-22 Asphalt Surface Course302.9SY7,078$ 10.35 $73,257.30 A1-103" Type B PG 64-22 Asphalt Base Course302.9SY7,078$ 9.80 $69,364.40 A1-114" Type B PG 64-22 Asphalt Base Course (Below Curbs)302.9SY8,743$ 13.20 $115,407.60 A1-1212" Cement Stabilized Subgrade @ 7%301.3SY9,361$ 3.85 $36,039.85 A1-13Cement for Subgrade Stabilization (64 Lbs/SY)301.3TN300$ 142.00 $42,600.00 A1-14Concrete Curb and Gutter305.1LF5,079$ 17.75 $90,152.25 A1-15Concrete Valley Gutter303SY193$ 65.00 $12,545.00 A1-16Stamped Colored ConcreteTS-04SY28$ 120.00 $3,360.00 A1-17Tapered Median NoseTS-05SY6$ 280.00 $1,680.00 A1-18Concrete Sidewalk305.2SY1,030$ 39.00 $40,170.00 A1-19Accessible Sidewalk RampsTS-06EA8$ 1,250.00 $10,000.00 A1-204" Schedule 40 Irrigation SleeveTS-07LF151$ 20.00 $3,020.00 Exhibit 2 IFB 6903 - Bid Tabulation for Hickory Creek Road Widening Respondent's Name: Jagoe-Public Company Principal Place of Business (City and State): Denton, TX Specification Unit of Bid Item No.DescriptionUnit PriceExtended Price Section No.MeasureQuantity A1-214" Schedule 80 PVC ConduitTS-08LF233$ 28.00 $6,524.00 A1-22PullboxTS-09EA4$ 800.00 $3,200.00 Drainage Improvements A1-23Sloping End TreatmentTS-11SY11$ 485.00 $5,335.00 A1-2410' Recessed Inlet702EA6$ 3,250.00 $19,500.00 A1-2512' Recessed Inlet702EA1$ 4,450.00 $4,450.00 A1-2614' Recessed Inlet702EA1$ 4,700.00 $4,700.00 A1-273'x3' Wye Inlet702EA1$ 3,325.00 $3,325.00 A1-287'x5' Junction Box702EA2$ 5,600.00 $11,200.00 A1-295'x5' Junction Box702EA7$ 3,775.00 $26,425.00 A1-304'x4' Junction Box702EA5$ 3,550.00 $17,750.00 A1-3148" Class III RCP501.6LF621$ 245.00 $152,145.00 A1-3242" Class III RCP501.6LF494$ 173.00 $85,462.00 A1-3336" Class III RCP501.6LF489$ 98.00 $47,922.00 A1-3436" Class IV RCP501.6LF115$ 144.00 $16,560.00 A1-3530" Class III RCP501.6LF234$ 116.00 $27,144.00 A1-3624" Class III RCP501.6LF227$ 98.00 $22,246.00 A1-3724" Class IV RCP501.6LF143$ 104.00 $14,872.00 A1-3818" Class III RCP501.6LF738$ 85.00 $62,730.00 A1-39Trench Safety107.19.3LF3,061$ 1.68 $5,142.48 A1-40Grouted Rock RiprapTS-14SY24$ 196.00 $4,704.00 Miscellaneous Improvements A1-41Traffic Sign AssemblyTS-20EA9$ 400.00 $3,600.00 A1-42Striping and Pavement MarkingsTX 666LS1$ 29,250.00 $29,250.00 A1-4330' Segmented Block Retaining Wall (Max. Height 1.5' )802.3EA2$ 1,750.00 $3,500.00 A1-44Sprinkler System AdjustmentsTS-19LS1$ 4,750.00 $4,750.00 A1-45Hydromulch204.6.4.4SY7,617$ 0.68 $5,179.56 A1-46Top Soil204.2CY838$ 8.25 $6,913.50 A1-47Sodding204.5SY250$ 10.90 $2,725.00 Total Alternate 1 Bid$1,373,228.94 Alternate 1 Transition and Temporary Improvements A1-503" Type C PG 64-22 Asphalt for Transition302.9SY1,100$ 12.20 $13,420.00 A1-515" Type B PG 64-22 Asphalt for Transition302.9SY1,100$ 17.50 $19,250.00 A1-526" Cement Stabilized Subgrade @ 7%301.3SY1,159$ 3.95 $4,578.05 A1-53Cement for Subgrade Stabilization (32 Lbs/SY)301.3TN19$ 145.00 $2,755.00 A1-54Pavement MarkingsTX 666LS1$ 7,700.00 $7,700.00 A1-55Traffic Sign AssemblyTS-20EA3$ 400.00 $1,200.00 A1-564" Asphalt Sidewalk302.9SY396$ 28.00 $11,088.00 Total Alternate 1 Transition and Temporary Improvements$59,991.05 Alternate 2 - From Riverpass to Montecito Drive General A2-1Mobilization / Demobilization103.3LS1$ 100,000.00 $100,000.00 A2-2Portable Changeable Message Signs808MO12$ 2,800.00 $33,600.00 A2-3Storm Water Pollution Prevention Plan201LS1$ 800.00 $800.00 A2-4Project Signs107.20EA2$ 400.00 $800.00 A2-5Traffic Control Plan and Barricades, Warnings & Signs808LS1$ 11,500.00 $11,500.00 Demolition and Project Preparation A2-6Prepare Right-of-Way203.1STA21$ 3,600.00 $75,600.00 A2-7Remove Stockade Fence **NOT USED**TS-02LF$ - A2-8Remove Street Signs203.1EA8$ 105.00 $840.00 A2-9Adjust Sanitary Sewer Manhole Rim TS-03EA1$ 3,000.00 $3,000.00 A2-10Unclassified Excavation203.2CY1,655$ 104.00 $172,120.00 Paving Improvements A2-113" Type C PG 64-22 Asphalt Surface Course302.9SY7,053$ 10.30 $72,645.90 A2-123" Type B PG 64-22 Asphalt Base Course302.9SY7,053$ 9.80 $69,119.40 Exhibit 2 IFB 6903 - Bid Tabulation for Hickory Creek Road Widening Respondent's Name: Jagoe-Public Company Principal Place of Business (City and State): Denton, TX Specification Unit of Bid Item No.DescriptionUnit PriceExtended Price Section No.MeasureQuantity A2-134" Type B PG 64-22 Asphalt Base Course (Below Curbs)302.9SY8,279$ 13.25 $109,696.75 A2-1412" Cement Stabilized Subgrade @ 7%301.3SY9,121$ 3.70 $33,747.70 A2-15Cement for Subgrade Stabilization (64 Lbs/SY)301.3TN292$ 142.00 $41,464.00 A2-16Concrete Curb and Gutter305.1LF5,190$ 18.00 $93,420.00 A2-17Stamped Colored ConcreteTS-04SY107$ 120.00 $12,840.00 A2-18Tapered Median NoseTS-05SY14$ 185.00 $2,590.00 A2-196" Concrete Driveway303SY142$ 69.00 $9,798.00 A2-208" Flexible Base for Driveways301.5SY279$ 50.00 $13,950.00 A2-21Concrete Sidewalk305.2SY1,969$ 38.50 $75,806.50 A2-22Accessible Sidewalk RampsTS-06EA6$ 1,200.00 $7,200.00 Drainage Improvements A2-2310' Recessed Inlet702EA1$ 3,225.00 $3,225.00 A2-2418" Class III RCP501.6LF51$ 90.00 $4,590.00 A2-24a3'x3' Junction Box702EA1$ 3,575.00 $3,575.00 A2-2512" Rock RiprapTS-14SY4$ 236.00 $944.00 Water Improvements A2-26Fire Hydrant Assembly502.3EA1$ 6,650.00 $6,650.00 Miscellaneous Improvements A2-27Traffic Sign AssemblyTS-20EA17$ 395.00 $6,715.00 A2-28Striping and Pavement MarkingsTX 666LS1$ 51,500.00 $51,500.00 A2-29Stockade Fencing **NOT USED**TS-02LF$ - A2-305 Strand Barbed Wire FencingTX 550LF1,386$ 9.00 $12,474.00 A2-314' Chain Link Fence801.4LF735$ 20.50 $15,067.50 A2-32Handrail801.3LF230$ 81.00 $18,630.00 A2-33Remove and Replace Existing Pipe Gate'A' &'B' and Posts801.5EA1$ 3,570.00 $3,570.00 A2-34Remove and Replace Pipe and Mesh Gate'E' &'F' 801.5EA1$ 3,570.00 $3,570.00 A2-35Sprinkler System AdjustmentsTS-19LS1$ 5,000.00 $5,000.00 A2-36Hydromulch204.6.4.4SY12,063$ 0.58 $6,996.54 A2-37Top Soil204.2CY1,327$ 8.20 $10,881.40 A2-38Sodding204.5SY250$ 10.90 $2,725.00 Bridge Improvements A2-39DRILLED SHAFT (36 IN)TX 416LF236$ 264.00 $62,304.00 A2-40CL C CONC (ABUT) (HPC)TX 420CY44$ 965.00 $42,460.00 A2-41REINF CONC SLAB (HPC)TX 422SF2,576$ 31.00 $79,856.00 A2-42BRIDGE SIDEWALKTX 422SF1,175$ 8.30 $9,752.50 A2-43APPROACH SLAB (HPC)TX 422CY58$ 614.00 $35,612.00 A2-44PRESTR CONC GIRDER (TX40)TX 425LF320$ 190.00 $60,800.00 A2-45RIPRAP (CONC) (CL B) (5 IN)TX 432CY120$ 415.00 $49,800.00 A2-46STR STEEL (MISC NON-BRIDGE)TX 441LB203$ 27.00 $5,481.00 A2-47RAIL (TY C221)TX 450LF201$ 112.00 $22,512.00 A2-48SEALED EXPANSION JOINT (4 IN) (SEJ-A)TX 454LF48$ 110.00 $5,280.00 A2-49MTL W-BEAM GUARD FENCE (TIM POST)TX 450LF38$ 22.00 $836.00 A2-50MTL BEAM GUARD FENCE TRANS (TL2)TX 450EA2$ 1,275.00 $2,550.00 A2-51GUARD RAIL END TREATMENT (INSTALL)TX 450EA2$ 4,000.00 $8,000.00 A2-5218" GROUTED ROCK RIPRAPTS-14SY155$ 197.00 $30,535.00 Total Alternate 2 Bid$1,512,430.19 Bid Summary Contract Total (Base Bid + Alternate 1 + Alternate 2): $5,320,870.00 9ǣŷźĬźƷ Ћʹ tƩƚƆĻĭƷ \[ƚĭğƷźƚƓ ağƦ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-165,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theCityManagertoexecuteapublicworkscontractwithQualityExcavation,Ltd.,fortheconstructionofthe HinkleandWindsorPavingandDrainageProject(MagnoliaPhaseII)fortheCityofDenton;providingforthe expenditureoffundstherefor;andprovidinganeffectivedate(IFB6902-awardedtoQualityExcavation,Ltd., in the not-to-exceed amount of $6,227,259). The Public Utilities Board recommends approval (4-0). City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: February 5, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a public works contract with Quality Excavation, Ltd., for the construction of the Hinkle and Windsor Paving and Drainage Project (Magnolia Phase II) for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (IFB 6902 - awarded to Quality Excavation, Ltd., in the not-to-exceed amount of $6,227,259). The Public Utilities Board recommends approval (4-0). BID INFORMATION /BACKGROUND The Magnolia Drainage project was conceived in order to improve storm water drainage conditions and prevent flooding on Hinkle Drive and in the adjacent neighborhoods between West Windsor Drive to the north and University Drive to the south. Phase I of the project consisted of design and construction of a storm water detention basin north of West Windsor Drive between Windsor and North Elm Street. Phase II of the project consists of reconstruction of Hinkle Drive and a portion of Windsor Drive with sidewalk and curb repairs, associated storm drain improvements, sanitary sewer improvements, and water line adjustments. Design of storm drain improvements will address flooding in portions of the Headlee Addition. Storm drain improvements will be installed on Windsor and Hinkle. Sanitary sewer improvements will be done on Hinkle and full pavement replacement on both Hinkle from University to Windsor and Windsor from Hinkle to Elm. Invitation for Bids was sent to 467 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. Five (5) bids were received (Exhibit 2). The (without contingency) for the Base Bid was $6,867,852, and for the Alternate Bid (without contingency) was $6,653,532. The lowest bid was received by Quality Excavation, Ltd. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On March 21, 2017, Council approved a Professional Services Agreement for Design with Teague Nall and Perkins, Inc. (Ordinance 2017-098). On January 28, 2019, the Public Utilities Board (PUB) recommended this item to the City Council for consideration. RECOMMENDATION Award a public works contract with Quality Excavation, Ltd., for the base bid construction of the Hinkle and Windsor Paving and Drainage Project (Magnolia Phase II), in the not-to-exceed amount of $6,227,259. PRINCIPAL PLACE OF BUSINESS Quality Excavation, Ltd. Aubrey, TX ESTIMATED SCHEDULE OF PROJECT Final construction will begin upon approval and will be completed 400 days from the Notice to Proceed. FISCAL INFORMATION These services will be funded from the following accounts: Streets project number 350442467.1360.40100 in the amount of $912,964 Streets project number 350425467.1360.40100 in the amount of $1,692,324.52 Sewer Utilities project number 640395541.1360.40100 in the amount of $198,572.04 Drainage Utilities project number 650103561.1360.40100 in the amount of $1,737,836 Drainage Utilities project number 650103459.1360.40100 in the amount of $1,685,562.94 For a total amount of $6,227,259.50 Requisition # 141096 has been entered into the Purchasing software system. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Bid Tabulation Exhibit 3: Map Exhibit 4: Recommendation of Award Exhibit 5: Staff Presentation Exhibit 6: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Michael D. Smith at 940-349-7656. Legal point of contact: Mack Reinwand at 940-349-8333. Exhibit 2 IFB 6902 - Bid Tabulation for Hinkle and Windsor Paving and Drainage Quality Excavation, Ltd.Pavecon Public Works, L.P.Jagoe-Public CompanyFlow Line Construction, Inc.Reyes Group, Ltd. Respondent's Name: Aubrey, TXGrand Prairie, TXDenton, TXDallas, TXGrand Prairie, TX Principal Place of Business (City and State): SpecUOMQTYUnit PriceExtended PriceUnit PriceExtended PriceUnit PriceExtended PriceUnit PriceExtended PriceUnit PriceExtended Price 1Surety Bonds **INCLUDED IN ITEM #2**G1LS 2Mobilization/DemobilizationG2LS1$219,000.00$219,000.00$370,000.00$370,000.00$700,000.00$700,000.00$460,000.00$460,000.00$350,000.00$250,000.00 3Temporary Erosion ControlG4LS1$13,500.00$13,500.00$16,472.22$16,472.22$55,000.00$55,000.00$76,000.00$76,000.00$20,000.00$20,000.00 4General Site PreparationG5LS1$111,275.00$111,275.00$296,800.00$296,800.00$120,000.00$120,000.00$119,000.00$119,000.00$188,576.84$138,000.00 Traffic Control, Barricades,Barriers, Warning and Detour 5Signs and FencesG6LS1$32,150.00$32,150.00$37,940.00$37,940.00$50,000.00$50,000.00$19,000.00$19,000.00$42,000.00$42,000.00 5aPortable Changeable Message BoardsG6aMO42$2,285.00$95,970.00$2,777.78$116,666.76$3,073.00$129,066.00$1,800.00$75,600.00$1,800.00$75,600.00 6Project SignsG3EA3$700.00$2,100.00$516.67$1,550.01$405.00$1,215.00$800.00$2,400.00$1,200.00$3,600.00 STREET IMPROVEMENTS: Demolition 7Remove Concrete Curb and GutterST1LF5,756$7.00$40,292.00$4.39$25,268.84$4.70$27,053.20$8.00$46,048.00$10.00$57,560.00 8Remove Concrete Sidewalks and RampsST1SF5,211$1.10$5,732.10$2.43$12,662.73$2.49$12,975.39$1.50$7,816.50$1.10$5,732.10 9Remove and Replace Sidewalk Expansion JointsST11LF200$6.40$1,280.00$55.56$11,112.00$23.54$4,708.00$6.00$1,200.00$6.00$1,200.00 10Remove Concrete Drive ApproachST1SF4,812$1.60$7,699.20$1.98$9,527.76$3.40$16,360.80$4.00$19,248.00$3.10$14,917.20 11Remove Small Signs and ReplaceST2EA3$622.00$1,866.00$538.89$1,616.67$514.24$1,542.72$500.00$1,500.00$785.00$2,355.00 12Remove Concrete Valley Gutter and ApronST1SF5,992$1.35$8,089.20$3.32$19,893.44$3.82$22,889.44$4.00$23,968.00$3.75$22,470.00 13Remove Existing Flowable FillST12CY1,000$18.60$18,600.00$27.04$27,040.00$47.63$47,630.00$50.00$50,000.00$50.00$50,000.00 14Remove Asphalt PavementST3SY31,707$3.95$125,242.65$3.06$97,023.42$5.19$164,559.33$4.50$142,681.50$6.00$190,242.00 Reconstruction 1512" Lime Subgrade TreatmentST4SY31,263$6.90$215,714.70$8.95$279,803.85$10.75$336,077.25$6.00$187,578.00$9.00$281,367.00 16Lime at 7% (70 lbs/SY) ST4TONS1,094$189.25$207,039.50$183.33$200,563.02$165.00$180,510.00$178.00$194,732.00$203.00$222,082.00 16aFlowable Fill over 16" Concrete Cylinder Water LineST4aLF500$54.55$27,275.00$111.11$55,555.00$125.92$62,960.00$112.00$56,000.00$34.00$17,000.00 173" Type C Surface (PG 64-22)ST5SY31,707$13.40$424,873.80$13.78$436,922.46$10.75$340,850.25$13.00$412,191.00$19.20$608,774.40 186" Type B Base (PG 64-22)ST5SY20,208$25.50$515,304.00$24.91$503,381.28$20.00$404,160.00$25.00$505,200.00$36.00$727,488.00 18a9" Type B Base (PG 64-22)ST5SY11,499$38.00$436,962.00$36.51$419,828.49$30.00$344,970.00$36.00$413,964.00$53.00$609,447.00 196" Curb and 18" GutterST6LF6,156$28.45$175,138.20$31.74$195,391.44$19.00$116,964.00$30.00$184,680.00$32.00$196,992.00 204" Concrete SidewalkST7SF5,911$5.40$31,919.40$7.36$43,504.96$7.78$45,987.58$6.00$35,466.00$7.50$44,332.50 215" Concrete SidewalkST7SF196$8.50$1,666.00$28.67$5,619.32$13.20$2,587.20$8.00$1,568.00$10.00$1,960.00 225' Wide Type 1 Ramp (5' Long)ST8EA3$1,870.00$5,610.00$1,664.45$4,993.35$1,250.00$3,750.00$2,700.00$8,100.00$3,600.00$10,800.00 235' Wide Type 1 Ramp (6' Long)ST8EA2$1,875.00$3,750.00$1,564.34$3,128.68$1,425.00$2,850.00$2,950.00$5,900.00$3,700.00$7,400.00 245' Wide Type 1 Ramp (7' Long)ST8EA1$1,825.00$1,825.00$1,824.44$1,824.44$1,225.00$1,225.00$3,000.00$3,000.00$4,800.00$4,800.00 255' Wide Type 1 Ramp (13' Long) **NOT USED**ST8EA 265' Wide Type 1 Ramp (20' Long) **NOT USED**ST8EA 278' Wide Type 1 Ramp (6' Long)ST8EA1$2,275.00$2,275.00$2,503.33$2,503.33$1,250.00$1,250.00$3,200.00$3,200.00$4,800.00$4,800.00 288" Concrete Pvmt (Intersection Apron and Valley Gutter)ST9SY665$63.15$41,994.75$80.87$53,778.55$85.00$56,525.00$82.00$54,530.00$82.00$54,530.00 296" Concrete Drive ApproachST10SY492$60.35$29,692.20$75.46$37,126.32$72.00$35,424.00$110.00$54,120.00$65.00$31,980.00 306" Type B Asphalt Driveway Restoration (PG 64-22)ST5SY123$71.90$8,843.70$146.61$18,033.03$189.00$23,247.00$68.00$8,364.00$44.00$5,412.00 314" TopsoilST13SY1,388$6.50$9,022.00$6.50$9,022.00$6.39$8,869.32$5.00$6,940.00$21.00$29,148.00 32Bermuda Solid SodST14SY1,388$7.00$9,716.00$5.00$6,940.00$14.00$19,432.00$6.00$8,328.00$13.00$18,044.00 PM1Refl Pvmt Marking Type I W Brk 6" 90 MilST15LF175$2.00$350.00$1.65$288.75$2.17$379.75$2.15$376.25$1.80$315.00 PM2Refl Pvmt Marking Type I W Brk 8" 90 MilST15LF23$8.00$184.00$2.20$50.60$5.41$124.43$5.35$123.05$2.40$55.20 PM3Refl Pvmt Marking Type I W Sld 4" 90 MilST15LF3,471$1.00$3,471.00$1.16$4,026.36$1.02$3,540.42$1.00$3,471.00$1.25$4,338.75 PM4Refl Pvmt Marking Type I W Sld 6" 90 MilST15LF11,116$1.00$11,116.00$1.65$18,341.40$1.19$13,228.04$1.20$13,339.20$1.80$20,008.80 PM5Refl Pvmt Marking Type I W Sld 8" 90 MilST15LF498$2.00$996.00$2.20$1,095.60$2.17$1,080.66$2.15$1,070.70$2.40$1,195.20 PM6Refl Pvmt Marking Type I W Sld 24" 90 MilST15LF169$8.00$1,352.00$6.60$1,115.40$6.77$1,144.13$6.70$1,132.30$7.20$1,216.80 PM7Refl Pvmt Marking Type I Y Brk 4" 90 MilST15LF1,977$1.00$1,977.00$1.16$2,293.32$1.02$2,016.54$1.00$1,977.00$1.25$2,471.25 PM8Refl Pvmt Marking Type I Y Sld 4" 90 MilST15LF3,584$1.00$3,584.00$1.16$4,157.44$1.02$3,655.68$1.00$3,584.00$1.25$4,480.00 PM9Refl Pvmt Marking Type I Y Double Sld 4" 90 MilST15LF650$2.00$1,300.00$2.31$1,501.50$2.17$1,410.50$2.15$1,397.50$2.50$1,625.00 PM104" PrepST15LF9,032$0.10$903.20$0.06$541.92$0.22$1,987.04$0.25$2,258.00$0.20$1,806.40 PM114" Double Sld PrepST15LF650$0.20$130.00$0.06$39.00$0.54$351.00$0.55$357.50$0.20$130.00 PM126" PrepST15LF11,291$0.10$1,129.10$0.06$677.46$0.54$6,097.14$0.55$6,210.05$0.20$2,258.20 PM138" PrepST15LF521$0.30$156.30$0.06$31.26$0.76$395.96$0.75$390.75$0.20$104.20 PM1424" PrepST15 LF 169$1.00$169.00$0.06$10.14$1.62$273.78$1.65$278.85$0.20$33.80 PM15Yield Line 16"X24" Refl Pvmt Marking Type I W 90 MilST15 EA 7$65.00$455.00$44.00$308.00$48.72$341.04$49.00$343.00$50.00$350.00 PM16Yield Line 16"X24" Triangle PrepST15 EA 7$40.00$280.00$11.00$77.00$16.24$113.68$16.00$112.00$12.00$84.00 PM17Symb, 6' Preform Straight Arrow White Lrg Install 90 MilST15 EA 28$150.00$4,200.00$138.00$3,864.00$243.59$6,820.52$241.00$6,748.00$150.00$4,200.00 PM18Symb, 6' Preform Straight Arrow PrepST15 EA 28$16.00$448.00$11.00$308.00$16.24$454.72$16.00$448.00$12.00$336.00 PM19Symb, 8' Preform Turn Arrow White Lrg Install 90 MilST15 EA 16$286.00$4,576.00$264.00$4,224.00$243.59$3,897.44$241.00$3,856.00$290.00$4,640.00 PM20Symb, 8' Preform Turn Arrow PrepST15 EA 16$24.00$384.00$11.00$176.00$16.24$259.84$16.00$256.00$12.00$192.00 PM21Only Word 8' Preform Install 90 MilST15 EA 8$383.00$3,064.00$360.00$2,880.00$297.72$2,381.76$295.00$2,360.00$390.00$3,120.00 PM22Only Word 8' PrepST15 EA 8$36.00$288.00$11.00$88.00$16.24$129.92$16.00$128.00$12.00$96.00 PM23Symb, 6' Preform Bicycle Rider Install 90 MilST15 EA 28$265.00$7,420.00$248.00$6,944.00$335.61$9,397.08$330.00$9,240.00$270.00$7,560.00 PM24Symb, 6' Preform Bicycle Rider PrepST15 EA 28$18.00$504.00$11.00$308.00$27.07$757.96$27.00$756.00$12.00$336.00 PM25RPM - A/A Type II Install AsphaltST15 EA 155$5.00$775.00$4.40$682.00$4.33$671.15$4.30$666.50$5.00$775.00 PM26RPM - C/R Type II Install AsphaltST15 EA 50$7.00$350.00$4.40$220.00$4.87$243.50$4.85$242.50$5.00$250.00 DRAINAGE IMPROVEMENTS: Demolition 33Remove Storm Drain ManholesSD17EA3$1,450.00$4,350.00$2,200.00$6,600.00$2,165.21$6,495.63$1,300.00$3,900.00$2,400.00$7,200.00 34Remove InletsSD19EA9$1,250.00$11,250.00$1,650.00$14,850.00$1,623.91$14,615.19$1,400.00$12,600.00$2,300.00$20,700.00 35Remove Storm Drain PipeSD18LF339$27.00$9,153.00$70.40$23,865.60$69.29$23,489.31$62.00$21,018.00$12.00$4,068.00 36Temporary Driveway including Removal and RestorationSD22LS1$23,275.00$23,275.00$20,515.00$20,515.00$34,583.70$34,583.70$5,800.00$5,800.00$5,900.00$5,900.00 37Remove Pedestrian BridgeSD21aLS1$20,000.00$20,000.00$1,650.00$1,650.00$13,388.31$13,388.31$9,500.00$9,500.00$5,600.00$5,600.00 Drainage Improvements 38Safety End Treatment for Double 7'x3' Box CulvertSD7EA1$47,500.00$47,500.00$17,160.00$17,160.00$16,888.66$16,888.66$25,000.00$25,000.00$42,000.00$42,000.00 39Flared Wingwall on Existing CulvertSD6EA1$30,600.00$30,600.00$8,250.00$8,250.00$8,119.55$8,119.55$21,000.00$21,000.00$13,000.00$13,000.00 40Modified Parallel Wing Headwall for 7'x4' Box CulvertSD6EA1$40,000.00$40,000.00$8,910.00$8,910.00$8,769.11$8,769.11$26,000.00$26,000.00$18,000.00$18,000.00 4110' Standard InletSD2EA1$8,200.00$8,200.00$4,455.00$4,455.00$4,384.56$4,384.56$9,000.00$9,000.00$11,000.00$11,000.00 4210' Recessed InletSD2EA8$7,500.00$60,000.00$4,785.00$38,280.00$4,709.34$37,674.72$9,400.00$75,200.00$11,200.00$89,600.00 4320' Standard InletSD2EA1$10,300.00$10,300.00$7,425.00$7,425.00$7,307.59$7,307.59$11,200.00$11,200.00$20,500.00$20,500.00 4420' Recessed InletSD2EA5$10,400.00$52,000.00$7,865.00$39,325.00$7,740.64$38,703.20$11,500.00$57,500.00$20,800.00$104,000.00 45Additional Depth for 10' Inlets (>5')SD3VF41$300.00$12,300.00$429.00$17,589.00$422.22$17,311.02$1,100.00$45,100.00$1,000.00$41,000.00 46Additional Depth for 20' Inlets (>5')SD3VF25$600.00$15,000.00$737.00$18,425.00$725.35$18,133.75$1,800.00$45,000.00$1,800.00$45,000.00 478.5'x7.5' Junction Box with 4'x4' RiserSD4EA1$28,000.00$28,000.00$23,430.00$23,430.00$23,059.52$23,059.52$54,000.00$54,000.00$57,000.00$57,000.00 486'x6' Junction BoxSD4EA1$15,000.00$15,000.00$9,240.00$9,240.00$9,093.90$9,093.90$32,000.00$32,000.00$20,000.00$20,000.00 496'x5' Junction BoxSD4EA1$12,600.00$12,600.00$4,675.00$4,675.00$4,601.08$4,601.08$22,000.00$22,000.00$16,000.00$16,000.00 50Cast-in-place 90° BendSD5EA1$7,500.00$7,500.00$4,180.00$4,180.00$4,113.91$4,113.91$20,000.00$20,000.00$11,000.00$11,000.00 516'x20'-2" Junction Box with 4'x4' RiserSD4EA1$30,000.00$30,000.00$25,410.00$25,410.00$4,113.91$4,113.91$45,000.00$45,000.00$53,500.00$53,500.00 52Double 7'x3' Precast RCBSD8LF724$900.00$651,600.00$950.40$688,089.60$935.37$677,207.88$725.00$524,900.00$1,000.00$724,000.00 538'x3' Precast Concrete Box CulvertSD8LF984$700.00$688,800.00$781.00$768,504.00$768.65$756,351.60$661.00$650,424.00$525.00$516,600.00 547'x4' Precast Concrete Box CulvertSD8LF30$850.00$25,500.00$538.00$16,140.00$529.39$15,881.70$582.00$17,460.00$590.00$17,700.00 556'x3' Precast Concrete Box CulvertSD8LF644$600.00$386,400.00$660.00$425,040.00$649.56$418,316.64$587.00$378,028.00$430.00$276,920.00 565'x3' Precast Concrete Box CulvertSD8LF774$500.00$387,000.00$566.50$438,471.00$557.54$431,535.96$512.00$396,288.00$400.00$309,600.00 574'x3' Precast Concrete Box CulvertSD8LF39$500.00$19,500.00$545.60$21,278.40$536.97$20,941.83$571.00$22,269.00$440.00$17,160.00 583'x3' Precast Concrete Box CulvertSD8LF46$450.00$20,700.00$464.20$21,353.20$456.86$21,015.56$486.00$22,356.00$280.00$12,880.00 5936" Class III RCPSD1LF92$122.00$11,224.00$324.50$29,854.00$319.37$29,382.04$315.00$28,980.00$178.00$16,376.00 6024" Class III RCPSD1LF139$64.00$8,896.00$214.50$29,815.50$211.11$29,344.29$230.00$31,970.00$130.00$18,070.00 6118" Class IV RCPSD1LF147$60.00$8,820.00$168.30$24,740.10$165.64$24,349.08$131.00$19,257.00$115.00$16,905.00 Exhibit 2 IFB 6902 - Bid Tabulation for Hinkle and Windsor Paving and Drainage Quality Excavation, Ltd.Pavecon Public Works, L.P.Jagoe-Public CompanyFlow Line Construction, Inc.Reyes Group, Ltd. Respondent's Name: Aubrey, TXGrand Prairie, TXDenton, TXDallas, TXGrand Prairie, TX Principal Place of Business (City and State): SpecUOMQTYUnit PriceExtended PriceUnit PriceExtended PriceUnit PriceExtended PriceUnit PriceExtended PriceUnit PriceExtended Price 6218" Class III RCPSD1LF328$58.00$19,024.00$236.50$77,572.00$232.76$76,345.28$217.00$71,176.00$115.00$37,720.00 62a12" Class III RCPSD1LF49$44.00$2,156.00$187.00$9,163.00$184.04$9,017.96$152.00$7,448.00$120.00$5,880.00 634'x3' RCB PlugSD9EA1$1,800.00$1,800.00$495.00$495.00$487.17$487.17$900.00$900.00$520.00$520.00 643'x3' RCB PlugSD9EA1$1,800.00$1,800.00$440.00$440.00$433.04$433.04$800.00$800.00$490.00$490.00 6536" RCP PlugSD9EA2$700.00$1,400.00$220.00$440.00$216.52$433.04$600.00$1,200.00$525.00$1,050.00 66Connect Existing Storm DrainSD10EA5$1,500.00$7,500.00$825.00$4,125.00$811.95$4,059.75$1,300.00$6,500.00$1,520.00$7,600.00 67Trench SafetySD11LF3,996$1.00$3,996.00$2.20$8,791.20$2.17$8,671.32$5.00$19,980.00$2.00$7,992.00 68Concrete Rip RapSD23SY241$60.00$14,460.00$82.50$19,882.50$81.20$19,569.20$93.00$22,413.00$80.00$19,280.00 69Fill, Compact, and Shape Grass Lined SwaleSD14LF706$100.00$70,600.00$20.90$14,755.40$20.57$14,522.42$41.00$28,946.00$25.00$17,650.00 70Channel Grading and for Inlet BSD15SY145$17.00$2,465.00$14.30$2,073.50$14.07$2,040.15$17.00$2,465.00$63.00$9,135.00 71Handrail for Pedestrian CrossingSD25LF64$175.00$11,200.00$159.50$10,208.00$227.35$14,550.40$91.00$5,824.00$210.00$13,440.00 72Retaining Wall for Pedestrian CrossingSD26SF231$80.00$18,480.00$53.90$12,450.90$53.05$12,254.55$120.00$27,720.00$55.00$12,705.00 73Type C Rock Rip RapSD27SY9$170.00$1,530.00$154.00$1,386.00$151.56$1,364.04$208.00$1,872.00$66.00$594.00 74Rock ExcavationSD13CY1,400$60.00$84,000.00$46.20$64,680.00$45.47$63,658.00$43.00$60,200.00$15.00$21,000.00 75Additional Crushed Stone EmbedmentSD12CY500$35.00$17,500.00$73.70$36,850.00$72.53$36,265.00$37.00$18,500.00$45.00$22,500.00 764" TopsoilST13SY4,963$6.00$29,778.00$6.50$32,259.50$6.06$30,075.78$5.00$24,815.00$6.00$29,778.00 77Bermuda Solid SodST14SY4,963$5.00$24,815.00$5.00$24,815.00$9.69$48,091.47$6.00$29,778.00$10.00$49,630.00 SEWER IMPROVEMENTS: Demolition 78Remove Existing Sanitary Sewer ManholesSS7EA6$500.00$3,000.00$2,200.00$13,200.00$2,165.21$12,991.26$1,300.00$7,800.00$1,100.00$6,600.00 78aAbandon Existing ManholeSS7aEA3$950.00$2,850.00$1,705.00$5,115.00$1,678.04$5,034.12$1,000.00$3,000.00$840.00$2,520.00 79Remove Existing Sanitary Sewer PipesSS6LF1,188$5.50$6,534.00$34.00$40,392.00$33.56$39,869.28$3.50$4,158.00$12.00$14,256.00 80Plug and Grout Existing SewerSS5LF97$20.50$1,988.50$52.80$5,121.60$51.97$5,041.09$9.00$873.00$85.00$8,245.00 Sewer Improvements 818" SDR-35 PVC SewerSS1LF940$69.00$64,860.00$232.10$218,174.00$228.43$214,724.20$126.00$118,440.00$66.00$62,040.00 828" Class 52 DI Class 52SewerSS2LF138$72.00$9,936.00$126.50$17,457.00$124.50$17,181.00$143.00$19,734.00$185.00$25,530.00 8310" SDR-26 PVC SewerSS1LF19$155.00$2,945.00$269.50$5,120.50$265.24$5,039.56$140.00$2,660.00$110.00$2,090.00 8412" SDR-26 PVC SewerSS1LF50$175.00$8,750.00$396.00$19,800.00$389.74$19,487.00$153.00$7,650.00$100.00$5,000.00 84aTrench Safety for SewerSS2aLF1,147$2.00$2,294.00$2.20$2,523.40$2.17$2,488.99$3.00$3,441.00$2.00$2,294.00 85Core and Connect to Existing ManholeSS8EA10$1,300.00$13,000.00$2,876.00$28,760.00$2,831.02$28,310.20$1,700.00$17,000.00$3,000.00$30,000.00 864' Dia. Standard SS ManholeSS3EA4$5,700.00$22,800.00$8,600.00$34,400.00$8,465.99$33,863.96$5,900.00$23,600.00$13,500.00$54,000.00 86a5' Dia. Standard SS ManholeSS3EA1$8,000.00$8,000.00$11,825.00$11,825.00$11,638.02$11,638.02$8,600.00$8,600.00$15,000.00$15,000.00 87Sanitary Sewer ServicesSS4EA11$1,500.00$16,500.00$6,297.50$69,272.50$6,197.92$68,177.12$1,700.00$18,700.00$3,800.00$41,800.00 88Bypass PumpingSS9LS1$20,000.00$20,000.00$11,385.00$11,385.00$11,204.98$11,204.98$6,300.00$6,300.00$16,300.00$16,300.00 WATER IMPROVEMENTS: 89Water Meter Vault RelocationW6LS1$87,500.00$87,500.00$139,287.50$139,287.50$137,085.07$137,085.07$95,000.00$95,000.00$65,000.00$65,000.00 90Lower 16" Water MainW7LS1$52,000.00$52,000.00$110,825.00$110,825.00$109,072.62$109,072.62$77,500.00$77,500.00$64,500.00$64,500.00 9116"x12" Tapping Sleeve and ValveW8EA1$11,700.00$11,700.00$13,750.00$13,750.00$13,532.58$13,532.58$16,000.00$16,000.00$15,500.00$15,500.00 9216"x6" Tapping Sleeve and ValveW8EA1$7,800.00$7,800.00$10,890.00$10,890.00$10,717.81$10,717.81$13,100.00$13,100.00$12,800.00$12,800.00 9312" C900 DR-14 PVC Water Line **NOT USED**W3LF 946" DR-14 Water Lead LineW3LF31$121.00$3,751.00$140.80$4,364.80$138.57$4,295.67$202.00$6,262.00$130.00$4,030.00 9516" Gate ValveW4EA2$16,000.00$32,000.00$19,360.00$38,720.00$19,053.88$38,107.76$16,700.00$33,400.00$13,300.00$26,600.00 96Fire Hydrant AssemblyW5EA1$3,700.00$3,700.00$6,110.00$6,110.00$6,013.88$6,013.88$2,900.00$2,900.00$5,900.00$5,900.00 97Water ServicesW9EA4$1,600.00$6,400.00$6,897.00$27,588.00$6,787.94$27,151.76$3,000.00$12,000.00$3,800.00$15,200.00 Total Base Bid$6,227,259.00$7,287,731.22$7,283,831.86$6,710,850.15$7,075,458.80 Exhibit 2 IFB 6902 - Bid Tabulation for Hinkle and Windsor Paving and Drainage Quality Excavation, Ltd.Pavecon Public Works, L.P.Jagoe-Public CompanyFlow Line Construction, Inc.Reyes Group, Ltd. Respondent's Name: Aubrey, TXGrand Prairie, TXDenton, TXDallas, TXGrand Prairie, TX Principal Place of Business (City and State): SpecUOMQTYUnit PriceExtended PriceUnit PriceExtended PriceUnit PriceExtended PriceUnit PriceExtended PriceUnit PriceExtended Price Alternate Bid 1Surety Bonds **INCLUDED IN ITEM #2**G1LS 2Mobilization/DemobilizationG2LS1$240,000.00$240,000.00$370,000.00$370,000.00$700,000.00$700,000.00$560,000.00$560,000.00$332,500.00$332,500.00 3Temporary Erosion ControlG4LS1$13,500.00$13,500.00$16,472.22$16,472.22$55,000.00$55,000.00$76,000.00$76,000.00$22,000.00$22,000.00 4General Site PreparationG5LS1$111,275.00$111,275.00$296,800.00$296,800.00$120,000.00$120,000.00$119,000.00$119,000.00$180,000.00$180,000.00 Traffic Control, Barricades,Barriers, Warning and Detour 5Signs and FencesG6LS1$32,150.00$32,150.00$37,940.00$37,940.00$55,000.00$55,000.00$19,000.00$19,000.00$52,000.00$52,000.00 5aPortable Changeable Message BoardsG6aMO42$2,285.00$95,970.00$2,777.78$116,666.76$3,073.00$129,066.00$1,800.00$75,600.00$2,200.00$92,400.00 6Project SignsG3EA3$700.00$2,100.00$516.67$1,550.01$405.98$1,217.94$800.00$2,400.00$1,600.00$4,800.00 STREET IMPROVEMENTS: Demolition 7Remove Concrete Curb and GutterST1LF5,756$7.00$40,292.00$4.39$25,268.84$4.70$27,053.20$8.00$46,048.00$12.00$69,072.00 8Remove Concrete Sidewalks and RampsST1SF5,211$1.10$5,732.10$2.43$12,662.73$2.49$12,975.39$1.50$7,816.50$1.30$6,774.30 9Remove and Replace Sidewalk Expansion JointsST11LF200$6.40$1,280.00$55.56$11,112.00$23.54$4,708.00$6.00$1,200.00$7.40$1,480.00 10Remove Concrete Drive ApproachST1SF4,812$1.60$7,699.20$1.98$9,527.76$3.40$16,360.80$4.00$19,248.00$3.80$18,285.60 11Remove and Replace Small SignsST2EA3$622.00$1,866.00$538.89$1,616.67$514.24$1,542.72$500.00$1,500.00$965.00$2,895.00 12Remove Concrete Valley Gutter and ApronST1SF5,992$1.35$8,089.20$3.32$19,893.44$3.82$22,889.44$4.00$23,968.00$4.50$26,964.00 13Remove Existing Flowable FillST12CY1,000$18.60$18,600.00$27.04$27,040.00$47.63$47,630.00$50.00$50,000.00$99.00$99,000.00 14Remove Asphalt PavementST3SY31,707$3.95$125,242.65$3.06$97,023.42$5.19$164,559.33$4.50$142,681.50$7.25$229,875.75 Reconstruction 1512" Lime Subgrade TreatmentST4SY31,263$6.90$215,714.70$8.95$279,803.85$10.75$336,077.25$6.00$187,578.00$10.30$322,008.90 16Lime at 7% (70 lbs/SY) ST4TONS1,094$189.25$207,039.50$183.33$200,563.02$165.00$180,510.00$178.00$194,732.00$249.00$272,406.00 16aFlowable Fill over 16" Concrete Cylinder Water LineST4aLF500$54.55$27,275.00$111.11$55,555.00$125.92$62,960.00$112.00$56,000.00$42.00$21,000.00 173" Type C Surface (PG 64-22)ST5SY31,707$13.40$424,873.80$13.78$436,922.46$10.75$340,850.25$13.00$412,191.00$23.00$729,261.00 186" Type B Base (PG 64-22)ST5SY20,208$25.50$515,304.00$24.91$503,381.28$20.00$404,160.00$25.00$505,200.00$44.00$889,152.00 18a9" Type B Base (PG 64-22)ST5SY11,499$38.00$436,962.00$36.51$419,828.49$30.00$344,970.00$36.00$413,964.00$65.00$747,435.00 196" Curb and 18" GutterST6LF6,156$28.45$175,138.20$31.74$195,391.44$19.00$116,964.00$30.00$184,680.00$35.50$218,538.00 204" Concrete SidewalkST7SF5,911$5.40$31,919.40$7.36$43,504.96$7.50$44,332.50$6.00$35,466.00$9.00$53,199.00 215" Concrete SidewalkST7SF196$8.50$1,666.00$28.67$5,619.32$13.20$2,587.20$8.00$1,568.00$12.25$2,401.00 225' Wide Type 1 Ramp (5' Long)ST8EA3$1,870.00$5,610.00$1,664.45$4,993.35$1,250.00$3,750.00$2,700.00$8,100.00$4,400.00$13,200.00 235' Wide Type 1 Ramp (6' Long)ST8EA2$1,875.00$3,750.00$1,564.34$3,128.68$1,425.00$2,850.00$2,950.00$5,900.00$4,500.00$9,000.00 245' Wide Type 1 Ramp (7' Long)ST8EA1$1,825.00$1,825.00$1,824.44$1,824.44$1,225.00$1,225.00$3,000.00$3,000.00$5,800.00$5,800.00 255' Wide Type 1 Ramp (13' Long) **NOT USED**ST8EA 265' Wide Type 1 Ramp (20' Long) **NOT USED**ST8EA 278' Wide Type 1 Ramp (6' Long)ST8EA1$2,275.00$2,275.00$2,503.33$2,503.33$1,250.00$1,250.00$3,200.00$3,200.00$5,800.00$5,800.00 288" Concrete Pvmt (Intersection Apron and Valley Gutter)ST9SY665$63.15$41,994.75$80.87$53,778.55$85.00$56,525.00$82.00$54,530.00$100.00$66,500.00 296" Concrete Drive ApproachST10SY492$61.00$30,012.00$75.46$37,126.32$72.00$35,424.00$110.00$54,120.00$77.00$37,884.00 304" TopsoilST13SY1,388$6.50$9,022.00$6.50$9,022.00$6.39$8,869.32$5.00$6,940.00$13.00$18,044.00 31Bermuda Solid SodST14SY1,388$7.00$9,716.00$5.00$6,940.00$13.72$19,043.36$6.00$8,328.00$16.25$22,555.00 PM1Refl Pvmt Marking Type I W Brk 6" 90 MilST15LF175$2.00$350.00$1.65$288.75$2.17$379.75$2.15$376.25$2.20$385.00 PM2Refl Pvmt Marking Type I W Brk 8" 90 MilST15LF23$8.00$184.00$2.20$50.60$5.41$124.43$5.35$123.05$3.00$69.00 PM3Refl Pvmt Marking Type I W Sld 4" 90 MilST15LF3,471$1.00$3,471.00$1.16$4,026.36$1.02$3,540.42$1.00$3,471.00$1.60$5,553.60 PM4Refl Pvmt Marking Type I W Sld 6" 90 MilST15LF11,116$1.00$11,116.00$1.65$18,341.40$1.19$13,228.04$1.20$13,339.20$2.25$25,011.00 PM5Refl Pvmt Marking Type I W Sld 8" 90 MilST15LF498$2.00$996.00$2.20$1,095.60$2.17$1,080.66$2.15$1,070.70$3.00$1,494.00 PM6Refl Pvmt Marking Type I W Sld 24" 90 MilST15LF169$8.00$1,352.00$6.60$1,115.40$6.77$1,144.13$6.70$1,132.30$9.00$1,521.00 PM7Refl Pvmt Marking Type I Y Brk 4" 90 MilST15LF1,977$1.00$1,977.00$1.16$2,293.32$1.02$2,016.54$1.00$1,977.00$1.60$3,163.20 PM8Refl Pvmt Marking Type I Y Sld 4" 90 MilST15LF3,584$1.00$3,584.00$1.16$4,157.44$1.02$3,655.68$1.00$3,584.00$1.60$5,734.40 PM9Refl Pvmt Marking Type I Y Double Sld 4" 90 MilST15LF650$2.00$1,300.00$2.31$1,501.50$2.17$1,410.50$2.15$1,397.50$3.25$2,112.50 PM104" PrepST15LF9,032$0.10$903.20$0.06$541.92$0.22$1,987.04$0.25$2,258.00$0.20$1,806.40 PM114" Double Sld PrepST15LF650$0.20$130.00$0.06$39.00$0.54$351.00$0.55$357.50$0.20$130.00 PM126" PrepST15LF11,291$0.10$1,129.10$0.06$677.46$0.54$6,097.14$0.55$6,210.05$0.20$2,258.20 PM138" PrepST15LF521$0.30$156.30$0.06$31.26$0.76$395.96$0.75$390.75$0.20$104.20 PM1424" PrepST15 LF 169$1.00$169.00$0.06$10.14$1.62$273.78$1.65$278.85$0.20$33.80 PM15Yield Line 16"X24" Refl Pvmt Marking Type I W 90 MilST15 EA 7$65.00$455.00$44.00$308.00$48.72$341.04$49.00$343.00$60.00$420.00 PM16Yield Line 16"X24" Triangle PrepST15 EA 7$40.00$280.00$11.00$77.00$16.24$113.68$16.00$112.00$15.00$105.00 PM17Symb, 6' Preform Straight Arrow White Lrg Install 90 MilST15 EA 28$150.00$4,200.00$138.00$3,864.00$243.59$6,820.52$241.00$6,748.00$185.00$5,180.00 PM18Symb, 6' Preform Straight Arrow PrepST15 EA 28$16.00$448.00$11.00$308.00$16.24$454.72$16.00$448.00$15.00$420.00 PM19Symb, 8' Preform Turn Arrow White Lrg Install 90 MilST15 EA 16$286.00$4,576.00$264.00$4,224.00$243.59$3,897.44$241.00$3,856.00$360.00$5,760.00 PM20Symb, 8' Preform Turn Arrow PrepST15 EA 16$24.00$384.00$11.00$176.00$16.24$259.84$16.00$256.00$15.00$240.00 PM21Only Word 8' Preform Install 90 MilST15 EA 8$383.00$3,064.00$360.00$2,880.00$297.72$2,381.76$295.00$2,360.00$500.00$4,000.00 PM22Only Word 8' PrepST15 EA 8$36.00$288.00$11.00$88.00$16.24$129.92$16.00$128.00$15.00$120.00 PM23Symb, 6' Preform Bicycle Rider Install 90 MilST15 EA 28$265.00$7,420.00$248.00$6,944.00$335.61$9,397.08$330.00$9,240.00$340.00$9,520.00 PM24Symb, 6' Preform Bicycle Rider PrepST15 EA 28$18.00$504.00$11.00$308.00$27.07$757.96$27.00$756.00$15.00$420.00 PM25RPM - A/A Type II Install AsphaltST15 EA 155$5.00$775.00$4.40$682.00$4.33$671.15$4.30$666.50$6.00$930.00 PM26RPM - C/R Type II Install AsphaltST15 EA 50$7.00$350.00$4.40$220.00$4.87$243.50$4.85$242.50$6.00$300.00 DRAINAGE IMPROVEMENTS: Demolition 32Remove Storm Drain ManholesSD17EA3$1,450.00$4,350.00$2,200.00$6,600.00$6,730.20$20,190.60$1,300.00$3,900.00$3,050.00$9,150.00 33Remove InletsSD19EA9$1,250.00$11,250.00$1,650.00$14,850.00$1,623.91$14,615.19$1,400.00$12,600.00$3,000.00$27,000.00 34Remove Storm Drain PipeSD18LF1,092$27.00$29,484.00$70.40$76,876.80$69.29$75,664.68$26.00$28,392.00$14.50$15,834.00 35Temporary Driveway including Removal and RestorationSD22LS1$23,275.00$23,275.00$20,515.00$20,515.00$20,190.61$20,190.61$5,800.00$5,800.00$7,500.00$7,500.00 36Remove and Reconstruct Ped Bridge AbutmentSD21bLS1$60,000.00$60,000.00$11,247.50$11,247.50$11,069.65$11,069.65$29,000.00$29,000.00$37,000.00$37,000.00 37Remove and Replace Lamp PostSD23EA2$2,000.00$4,000.00$4,125.00$8,250.00$12,720.63$25,441.26$4,900.00$9,800.00$8,000.00$16,000.00 Drainage Improvements 38Modified Parallel Wing HeadwallSD6EA1$30,000.00$30,000.00$15,812.50$15,812.50$15,562.47$15,562.47$28,000.00$28,000.00$28,000.00$28,000.00 3910' Standard InletSD2EA1$8,200.00$8,200.00$4,455.00$4,455.00$4,384.56$4,384.56$9,000.00$9,000.00$13,700.00$13,700.00 4010' Recessed InletSD2EA5$7,500.00$37,500.00$4,785.00$23,925.00$4,709.34$23,546.70$9,400.00$47,000.00$13,900.00$69,500.00 4110' Special Recessed InletSD2EA3$7,500.00$22,500.00$4,785.00$14,355.00$4,709.34$14,128.02$11,800.00$35,400.00$12,400.00$37,200.00 4220' Standard InletSD2EA1$10,300.00$10,300.00$7,425.00$7,425.00$7,307.59$7,307.59$11,200.00$11,200.00$25,500.00$25,500.00 4320' Recessed InletSD2EA5$10,400.00$52,000.00$7,865.00$39,325.00$7,740.64$38,703.20$11,500.00$57,500.00$25,600.00$128,000.00 44Additional Depth for 10' Inlets (>5')SD3VF29$300.00$8,700.00$429.00$12,441.00$422.22$12,244.38$1,100.00$31,900.00$1,300.00$37,700.00 45Additional Depth for 20' Inlets (>5')SD3VF25$600.00$15,000.00$737.00$18,425.00$725.35$18,133.75$1,800.00$45,000.00$2,500.00$62,500.00 468.5' x 7.5' Junction Box with 4' x 4' RiserSD4EA1$28,000.00$28,000.00$23,430.00$23,430.00$23,059.52$23,059.52$54,000.00$54,000.00$70,500.00$70,500.00 476' x 6' Junction BoxSD4EA1$15,000.00$15,000.00$9,240.00$9,240.00$9,093.90$9,093.90$32,000.00$32,000.00$25,000.00$25,000.00 486'x5' Junction BoxSD4EA1$12,600.00$12,600.00$4,675.00$4,675.00$4,601.08$4,601.08$22,000.00$22,000.00$20,000.00$20,000.00 49Cast-in-place 90° BendSD5EA1$7,500.00$7,500.00$4,180.00$4,180.00$4,113.91$4,113.91$20,000.00$20,000.00$13,600.00$13,600.00 50Cast-in-place 30° Bend/TransitionSD5EA1$10,000.00$10,000.00$6,352.50$6,352.50$6,252.05$6,252.05$30,000.00$30,000.00$22,000.00$22,000.00 51Cast-in-place Double 5'x3' RCBSD5LF805$610.00$491,050.00$687.50$553,437.50$676.63$544,687.15$1,320.00$1,062,600.00$1,591.50$1,281,157.50 528'x3' Precast Concrete Box CulvertSD8LF932$700.00$652,400.00$781.00$727,892.00$768.65$716,381.80$686.00$639,352.00$650.00$605,800.00 536'x3' Precast Concrete Box CulvertSD8LF644$600.00$386,400.00$660.00$425,040.00$649.56$418,316.64$587.00$378,028.00$530.00$341,320.00 545'x3' Precast Concrete Box CulvertSD8LF774$500.00$387,000.00$566.50$438,471.00$557.54$431,535.96$512.00$396,288.00$500.00$387,000.00 554'x3' Precast Concrete Box CulvertSD8LF39$500.00$19,500.00$545.60$21,278.40$536.97$20,941.83$571.00$22,269.00$420.00$16,380.00 563'x3' Precast Concrete Box CulvertSD8LF46$450.00$20,700.00$464.20$21,353.20$456.86$21,015.56$486.00$22,356.00$350.00$16,100.00 5736" Class III RCPSD1LF87$122.00$10,614.00$324.50$28,231.50$319.37$27,785.19$317.00$27,579.00$220.00$19,140.00 5824" Class III RCPSD1LF98$64.00$6,272.00$214.50$21,021.00$211.11$20,688.78$295.00$28,910.00$160.00$15,680.00 5918" Class IV RCPSD1LF147$60.00$8,820.00$168.30$24,740.10$165.64$24,349.08$131.00$19,257.00$140.00$20,580.00 Exhibit 2 IFB 6902 - Bid Tabulation for Hinkle and Windsor Paving and Drainage Quality Excavation, Ltd.Pavecon Public Works, L.P.Jagoe-Public CompanyFlow Line Construction, Inc.Reyes Group, Ltd. Respondent's Name: Aubrey, TXGrand Prairie, TXDenton, TXDallas, TXGrand Prairie, TX Principal Place of Business (City and State): SpecUOMQTYUnit PriceExtended PriceUnit PriceExtended PriceUnit PriceExtended PriceUnit PriceExtended PriceUnit PriceExtended Price 6018" Class III RCPSD1LF250$58.00$14,500.00$236.50$59,125.00$232.76$58,190.00$250.00$62,500.00$140.00$35,000.00 60a12" Class III RCPSD1LF49$44.00$2,156.00$187.00$9,163.00$184.04$9,017.96$152.00$7,448.00$150.00$7,350.00 614'x3' RCB PlugSD9EA1$1,800.00$1,800.00$495.00$495.00$487.17$487.17$900.00$900.00$635.00$635.00 623'x3' RCB PlugSD9EA1$1,800.00$1,800.00$440.00$440.00$433.04$433.04$800.00$800.00$600.00$600.00 6336" RCP PlugSD9EA2$700.00$1,400.00$220.00$440.00$216.52$433.04$600.00$1,200.00$640.00$1,280.00 64Connect Existing Storm DrainSD10EA5$1,500.00$7,500.00$825.00$4,125.00$811.95$4,059.75$1,300.00$6,500.00$1,850.00$9,250.00 65Trench SafetySD11LF3,871$1.00$3,871.00$2.20$8,516.20$2.17$8,400.07$5.00$19,355.00$2.00$7,742.00 66Concrete Rip Rap ChannelSD16SY1,245$56.00$69,720.00$88.00$109,560.00$90.58$112,772.10$72.00$89,640.00$60.00$74,700.00 67Concrete Rip RapSD24SY224$65.00$14,560.00$82.50$18,480.00$81.20$18,188.80$85.00$19,040.00$63.00$14,112.00 68Fill, Compact, and Shape ChannelSD14SY2,171$21.00$45,591.00$14.30$31,045.30$14.07$30,545.97$20.00$43,420.00$25.00$54,275.00 6912" Grouted Rock Rip RapSD20SY24$460.00$11,040.00$181.50$4,356.00$178.63$4,287.12$88.00$2,112.00$118.00$2,832.00 70Rock ExcavationSD13CY1,400$60.00$84,000.00$46.00$64,400.00$45.47$63,658.00$43.00$60,200.00$15.00$21,000.00 71Additional Crushed Stone EmbedmentSD12CY500$35.00$17,500.00$73.70$36,850.00$72.53$36,265.00$37.00$18,500.00$55.00$27,500.00 724" TopsoilST13SY2,171$6.00$13,026.00$6.50$14,111.50$5.63$12,222.73$5.00$10,855.00$2.75$5,970.25 73Bermuda Solid SodST14SY2,171$5.00$10,855.00$5.00$10,855.00$11.78$25,574.38$6.00$13,026.00$10.00$21,710.00 SEWER IMPROVEMENTS: Demolition 74Remove Existing Sanitary Sewer ManholesSS7EA6$500.00$3,000.00$2,200.00$13,200.00$2,165.21$12,991.26$1,300.00$7,800.00$4,000.00$24,000.00 74aAbandon Existing ManholeSS7aEA3$950.00$2,850.00$1,705.00$5,115.00$1,620.00$4,860.00$1,000.00$3,000.00$1,800.00$5,400.00 75Remove Existing Sanitary Sewer PipesSS6LF1,188$5.50$6,534.00$34.00$40,392.00$33.56$39,869.28$3.50$4,158.00$25.00$29,700.00 76Plug and Grout Existing SewerSS5LF97$20.50$1,988.50$52.80$5,121.60$51.97$5,041.09$9.00$873.00$100.00$9,700.00 Sewer Improvements 778" SDR-35 PVC SewerSS1LF940$69.00$64,860.00$232.10$218,174.00$228.43$214,724.20$126.00$118,440.00$80.00$75,200.00 788" Class 52 DI SewerSS2LF138$72.00$9,936.00$136.40$18,823.20$134.24$18,525.12$143.00$19,734.00$225.00$31,050.00 7910" SDR-26 PVC SewerSS1LF19$155.00$2,945.00$269.50$5,120.50$265.24$5,039.56$140.00$2,660.00$135.00$2,565.00 8012" SDR-26 PVC SewerSS1LF50$175.00$8,750.00$396.00$19,800.00$389.74$19,487.00$153.00$7,650.00$120.00$6,000.00 80aTrench Safety for SewerSS2aLF1,147$2.00$2,294.00$2.20$2,523.40$2.17$2,488.99$3.00$3,441.00$2.00$2,294.00 81Core and Connect to Existing Sewer ManholeSS8EA10$1,300.00$13,000.00$2,876.50$28,765.00$2,831.02$28,310.20$1,700.00$17,000.00$3,700.00$37,000.00 824' Dia. Standard SS ManholeSS3EA4$5,700.00$22,800.00$8,600.00$34,400.00$8,465.99$33,863.96$5,900.00$23,600.00$16,000.00$64,000.00 82b5' Dia. Standard SS ManholeSS3EA1$8,000.00$8,000.00$11,825.00$11,825.00$11,638.02$11,638.02$8,600.00$8,600.00$18,000.00$18,000.00 83Sanitary Sewer ServicesSS4EA11$1,500.00$16,500.00$6,297.50$69,272.50$6,197.92$68,177.12$1,700.00$18,700.00$4,500.00$49,500.00 84Bypass PumpingSS9LS1$20,000.00$20,000.00$11,385.00$11,385.00$11,204.98$11,204.98$6,300.00$6,300.00$10,000.00$10,000.00 WATER IMPROVEMENTS: 85Water Meter Vault RelocationW6LS1$87,500.00$87,500.00$139,287.50$139,287.50$137,085.07$137,085.07$97,000.00$97,000.00$80,000.00$80,000.00 86Lower 16" Water MainW7LS1$52,000.00$52,000.00$110,825.00$110,825.00$109,072.62$109,072.62$77,500.00$77,500.00$81,000.00$81,000.00 8716"x12" Tapping Sleeve and ValveW8EA1$11,700.00$11,700.00$13,750.00$13,750.00$13,532.58$13,532.58$16,000.00$16,000.00$19,000.00$19,000.00 8816"x6" Tapping Sleeve and ValveW8EA1$7,800.00$7,800.00$10,890.00$10,890.00$10,717.81$10,717.81$13,100.00$13,100.00$16,000.00$16,000.00 8912" C900 DR-14 PVC Water Line **NOT USED**W3LF 906" DR-14 Water Lead LineW3LF31$121.00$3,751.00$140.80$4,364.80$138.57$4,295.67$202.00$6,262.00$160.00$4,960.00 9116" Gate ValveW4EA2$16,000.00$32,000.00$19,360.00$38,720.00$19,053.88$38,107.76$16,700.00$33,400.00$17,000.00$34,000.00 92Fire Hydrant AssemblyW5EA1$3,700.00$3,700.00$6,110.00$6,110.00$6,013.88$6,013.88$2,900.00$2,900.00$7,500.00$7,500.00 93Water ServicesW9EA4$1,600.00$6,400.00$6,897.00$27,588.00$6,787.94$27,151.76$3,000.00$12,000.00$4,700.00$18,800.00 Total Alternate Bid$5,953,497.60$7,148,968.99$7,162,242.55$7,305,826.15$8,927,488.60 Total Base Bid$6,227,259.00$7,287,731.22$7,283,831.86$6,710,850.15$7,075,458.80 Total Alternate Bid$5,953,497.60$7,148,968.99$7,162,242.55$7,305,826.15$8,927,488.60 9ǣŷźĬźƷ Ќ ağƦ ƚŅ IźƓƉƌĻ ğƓķ źƓķƭƚƩ www.tnpinc.com engineers November 30, 2018 surveyors landscape architects Mr. Michael Smith, P.E. 901-A Texas Street Denton, TX 76209 RE: Recommendation of Award Hinkle and Windsor Paving and Drainage, IFB No. 6902 TNP No. DEN 17106 Dear Michael: th On November 14, 2018, bids were received by the City of Denton for the Hinkle and Windsor Paving and Drainage project. The project consists of reconstruction of Hinkle Drive and a portion of Windsor Drive with sidewalk and curb repairs, associated storm drain improvements, sanitary sewer improvements, and water line adjustments. A total of 5 bids were received, and a bid tabulation was prepared by the City Purchasing Division. The three lowest bidders for the Base Bid and the Alternate Bid are listed below: Base Bid: Reyes Group $7,075,458.80 Flow-Line Construction $6,710,850.15 Quality Excavation $6,227,259.50 EngineersÔ Estimate (without contingency) $6,867,852.00 Alternate Bid: Jagoe-Public Company $7,162,242.55 Pavecon $7,148,968.99 Quality Excavation $5,953,497.60 EngineersÔ Estimate (without contingency) $6,653,532.00 Quality Excavation has recently performed similar construction projects for several entities in the area. We have reviewed the qualifications forms that were submitted and found the information to satisfactorily meet the bidder qualifications established in the specification documents. We understand that the Base Bid is the CityÔs preferred option, so based on that information and the information above, we recommend awarding the Base Bid contract to Quality Excavation for the contract amount of $6,227,259.50. Feel free to contact us if you have any questions. tnp teague nall & perkins Jeff Sears, P.E. Project Manager Fort Worth 5237 N. Riverside Drive, Suite 100 Fort Worth, Texas 76137817.336.5773 Allen 825 Watters Creek Boulevard, Suite M300Allen, Texas 75013214.461.9867 Denton 1517 Centre Place Drive, Suite 320Denton, Texas 76205940.383.4177 Registered by the TBPLS 10011600 Fort Worth 10194381 Allen 10011601 Denton | Registered by the TBPE Firm No. F-230 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-181,Version:1 AGENDA CAPTION Considernominations/appointmentstotheCity’sBoards,Commissions,andCommittees:AnimalShelter AdvisoryCommittee,Health&BuildingStandardsCommission,LibraryBoard,TrafficSafetyCommission, and Committee on Persons with Disabilities. City of DentonPage 1 of 1Printed on 2/1/2019 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 DATE: February 5, 2019 SUBJECT Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Animal Shelter Advisory Committee, Health & Building Standards Commission, Library Board, Traffic Safety Commission, and Committee on Persons with Disabilities. BACKGROUND Exhibit 2 includes the vacancies for Boards, Commissions, and Committees. Nominations made at this meeting can be voted on should the Council desire. Approval would be contingent on completion of the confirmation process. EXHIBITS Exhibit 1 – Agenda Information Sheet Exhibit 2 – Nominations Sheet Respectfully submitted: Rachel Wood Interim City Secretary BOARDANDCOMMISSIONNOMINATIONS BoardCouncilMemberNomination City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-116,Version:1 AGENDA CAPTION Consider approval of a resolution authorizing Election Day polling locations for the City of Denton City Council Election to be held on May 4, 2019; and providing an effective date. City of DentonPage 1 of 1Printed on 2/1/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: DCM: Bryan Langley, Deputy City Manager DATE: February 5, 2019 SUBJECT Consider approval of a resolution authorizing Election Day polling locations for the City of Denton City Council Election to be held on May 4, 2019; and providing an effective date. BACKGROUND On January 7, 2019 Council provided staff with direction on polling locations for the May 4, 2019 City Council election. At that time, consensus of the Council was to proceed with the eight locations that were used for the 2018 Council election and look at additional early voting locations at UNT/TWU during the 2020 election cycle. The proposed polling location are shown below. The DISD has confirmed that Pecan Creek Elementary School and LA Nelson Elementary School can be used as Election Day polling locations. However, Ryan High School is not available due to multiple events being held at the school. Staff has researched alternative locations in the general vicinity of Ryan High School and determined that the DISD Annex, located at 230 N. Mayhill Road is the most viable option. Exact precincts for each polling location will be determined after consultation with the Denton County Elections Administrator. Staff will develop a media campaign to make the public aware of the locations and associated precincts. A map showing the main and additional polling locations is attached. District Proposed 2019 Polling Location MLK Recreation Center 1 Pecan Creek Elementary North Branch Library 2 DISD Annex North Lakes Recreation Center 3 Fire Station 7 Denia Recreation Center 4 LA Nelson Elementary FISCAL INFORMATION Each additional polling location will cost approximately $3,500. However, that amount may be reduced should another entity such as the DISD also use the location. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution Exhibit 3 City Voter District Map Respectfully submitted: Rachel Wood Chief of Staff Voter Districts Lake Ray Roberts 1003 455 2153 1002 1001 1000 1008 2164 2450 1005 3163 MILAM RD W 428 35 1037 § ¨¦ 1009 4000 1045 4042 1173 2 288 S T 1173 1010 1011 77 £ ¤ 4038 North Lakes North Branch Recreation 4005 JACKSON RD 1012 Library Center 4001 40404006 377 £ ¤ 380 £ ¤ 380 £ ¤ 1007 380 £ ¤ 156 4009 4007 4010 4008 3 DISD Martin Luther 35E 1013 King, Jr. § ¨¦ 426 4045 Rec. Center 4013 4004 4039 288 1515 ST 4011 4014 1 77 £ ¤ Denia 40021014 4037 Recreation Center 4012 35E 4015 § ¨¦ 1025 1015 2249 1017 4041 1039 1018 377 Pecan Creek £ ¤ 1038 Lake Lewisville Fire 1024 4 L.A. Nelson Station #7 4003 1016 35W 1020 § ¨¦ 4044 1022 1023 1019 1046 35E 1048 §¦¨ 1830 3000 2181 4016 1021 4018 4035 4017 3001 4036 3002 4019 4020 4046 00.512 Miles Polling LocationsDistrict 1COD µ Voter PrecinctsDistrict 2ETJ Division 1 District 3ETJ Division 2 District 4 Date: 1/30/2019 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.