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Home My WebLink AboutAugust 5, 2008 Agenda AGENDA CITY OF DENTON CITY COUNCIL August 5, 2008 After determining that a quorum is present, the City Council of the City of Denton, Texas will 4:00 p.m. convene in a Work Session on Tuesday, August 5, 2008 at in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1.Requests for clarification of agenda items listed on the agenda for August 5, 2008. 2.Receive a report, hold a discussion and give staff direction regarding nominations to the City’s Boards and Commissions. The Council may convene into Closed Session under Texas Government Code Section 551.074 to deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely advisory powers, which includes without limitation the Construction Advisory and Appeals Board, the Economic Development Partnership Board, the Historic Landmark Commission, the Planning and Zoning Commission, the Traffic Safety Commission, and the Zoning Board of Adjustment. 3.Receive a report, hold a discussion and give staff direction regarding appointments to Council committees. 4.Receive a report, hold a discussion and give staff direction regarding economic development incentives. 5.Receive a report, hold a discussion to consider authorizing the Mayor to sign and send a letter to officials of the Texas Commission on Environmental Quality ("TCEQ") requesting the Commission to limit the term of Permit 1360A to coincide with the State Implementation Plan Review, or if this term limit is not feasible due to statutory or similar requirements, formally requesting a special permit condition preventing the emission rates from receiving “grandfather” status during development and implementation of the State Implementation Plan. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below. 1.Closed Meeting: A.Deliberations regarding Real Property – Under Texas Government Code Sec. 551.072. Consultation with Attorney – Under Texas Government Code Sec. 551.071. 1.Discuss, deliberate, and receive information from Staff, and provide Staff with direction pertaining to updated issues regarding the Lease Agreement related to the Regional Recyclables Processing Agreement, both agreements being heretofore approved by the Denton City Council on City of Denton City Council Agenda August 5, 2008 Page 2 October 2, 2007; which Lease Agreement is for a six acre tract of land situated within the City of Denton Landfill. Consultation with the City’s attorneys and outside legal counsel regarding legal issues and advice associated with the updated issues respecting the two above-referenced agreements, where having a public discussion of these legal matters, would conflict with the duty of the City’s attorneys to the City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas. B.Deliberations regarding Certain Public Power Utilities: Competitive Matters – Under Texas Government Code Section 551.086. 1.Receive information from staff, discuss, deliberate and consider approval of a competitive public power information and financial matter from staff regarding the proposed Interconnection Agreement by and between the City of Denton, Texas and Denton Power, LLC. C.Deliberations regarding consultation with the City Attorney – Under Texas Government Code Section 551.071 and Section 551.087 – Deliberations regarding Economic Development Negotiations. 1.Discuss or deliberate regarding commercial or financial information that the City Council has received from business prospects that the City Council seeks to have locate, stay or expand in or near the territory of the City of Denton and with which the City Council is conducting economic development negotiations, relating to a master plan business park. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE ‘PUBLIC POWER EXCEPTION’). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, August 5, 2008 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1.PLEDGE OF ALLEGIANCE A. U.S. Flag/Texas Flag “Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." City of Denton City Council Agenda August 5, 2008 Page 3 2.PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards 3. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – T). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A – T below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Retired and Senior Volunteer Program to assist with funding of postage; providing for the expenditure of funds; and providing for an effective date. ($300) B.Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and HOPE, Inc. to assist with funding computer support equipment; providing for the expenditure of funds; and providing for an effective date. ($500) C.Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Court Appointed Special Advocates to assist with funding of phone cost, local travel for child visits and office supplies; providing for the expenditure of funds; and providing for an effective date. ($350) D.Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Adult Day Stay Center to assist with funding for web site support, storage cabinet and/or office supplies; providing for the expenditure of funds; and providing for an effective date. ($300) E.Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Our Daily Bread to assist in providing food supplies; providing for the expenditure of funds; and providing for an effective date. ($1,350) City of Denton City Council Agenda August 5, 2008 Page 4 F.Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of an electric transmission conductor for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4065–Annual Contract for Electric Transmission Conductor awarded to the lowest responsible bidder meeting specification, Stuart C. Irby, in the annual estimated amount of $244,020 plus a refundable deposit of $41,000). The Public Utilities Board recommends approval (6-0). G.Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of wood utility poles for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4056–Annual Contract Agreement for Wood Utility Poles awarded to the lowest responsible bidder, Nationwide Utility Poles & Supply, Inc., in the annual estimated amount of $354,624.88). H.Consider adoption of an ordinance providing for the expenditure of funds for the emergency purchase of sodium hydroxide in accordance with provisions of state law exempting such purchases from requirements of competitive bidding; and providing an effective date. The Public Utilities Board recommends approval (6-0). I.Consider adoption of an ordinance approving Amendment No. 3 to the professional services agreement by and between the City of Denton, Texas and R. W. Beck, Inc. to provide additional professional design and engineering services at the City’s landfill site; authorizing the expenditure of funds therefor in the amount of an additional $82,000 (for a grand total of $782,500); and providing an effective date. The Public Utilities Board recommends approval (6-0). J.Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a second amendment to a professional services agreement with R. J. Covington Consulting, LLC for further consulting services relating to Task Orders No. 07-D and 07-F, by approving further Task Order No. 08-A, providing for continuing regulatory and professional services at the Electric Reliability Council of Texas (“ERCOT”) and the Public Utilities Commission of Texas (“PUCT”) related to Nodal Market Transition and ever-changing developments that directly affect Denton Municipal Electric, and other relevant issues that arise in the various rule-makings and proceedings, and to keep DME staff informed of the status of these matters and to alert Denton Municipal Electric regarding any issues that may affect the ability of Denton Municipal Electric to serve its customers in a cost-effective and competitive manner, and other related professional services; authorizing the expenditure of funds therefor; and providing an effective date (Task Order No, 08-A–An additional sum of $40,000, and when totaled with the Task Orders 07-D and 07-F, which total $100,000–for a grand total of $140,000). The Public Utilities Board recommends approval (6-0). City of Denton City Council Agenda August 5, 2008 Page 5 K.Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a first amendment to a professional services agreement with R. J. Covington Consulting, LLC for further consulting services relating to Task Orders No. 07-C, by approving further Task Order No. 08-B, providing for continuing regulatory and professional services at the Electric Reliability Council of Texas (“ERCOT”) and the Public Utilities Commission of Texas (“PUCT”) related to implementation of the Nodal Market Design, the development of additional transmission facilities, to deliver wind power to ERCOT markets, the inclusion of new service territories into ERCOT that might significantly affect transmission costs, and other related professional services; and to keep DME staff informed of the status of these matters and to alert Denton Municipal Electric regarding any issues that may affect the ability of Denton Municipal Electric to serve its customers in a cost-effective and competitive manner, and other related professional services; authorizing the expenditure of funds therefor; and providing an effective date (Task Order No. 08-B–An additional sum of not-to-exceed $40,000, and when totaled with related Task Order 07-C, totals $120,000). The Public Utilities Board recommends approval (6-0). L.Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Bioxide for the City of Denton Wastewater Department, which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4102–to Siemens Water Technologies Corp. in the amount of $2.04/gallon for an annual estimated amount of $75,000). The Public Utilities Board recommends approval (6-0). M.Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of galvanized steel transmission poles for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4071–Purchase of Galvanized Steel Transmission Poles awarded to Valmont-Newmark in the amount of $3,061,079). The Public Utilities Board recommends approval (6-0). N.Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of galvanized steel structures for RD Wells Interchange; providing for the expenditure of funds therefor; and providing an effective date (Bid 4078-Purchase of Galvanized Steel Structures awarded to Parks Metal Fabricators, Inc. in the amount of $267,523 and Dis-Tran Steel Fabrication, LLC in the amount of $67,260 for a total bid award of $334, 783). The Public Utilities Board recommends approval (6-0). O.Consider adoption of an ordinance of the City of Denton, Texas amending the fiscal year 2007-08 Budget and Annual Program of Services of the City of Denton for the Fleet Services fund to allow for an adjustment of nine hundred thousand dollars ($900,000) to provide for the purchase of fuel and its associated costs for all internal departments as well as the Denton County Transportation Authority; City of Denton City Council Agenda August 5, 2008 Page 6 for the Solid Waste fund to allow for an adjustment of nine hundred eighty nine thousand one hundred eighty four dollars ($989,184) to provide for an increase in operational expenditures and for the purchase of fuel and its associated costs; and for the Police Department to allow for an adjustment of forty four thousand seven hundred and seventy dollars ($44,770) and to create a separate detailed special revenue fund for the photographic traffic signal enforcement program to provide for the purchase of operating equipment and its associated costs; declaring an emergency; providing a severability clause; providing for an open meetings clause and providing for an effective date. The Public Utilities Board recommends approval of the Solid Waste budget amendment. P.Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from ARG East Hickory Partners from the Downtown Incentive Grant Program not to exceed $15,000; and providing for an effective date. The Economic Development Partnership Board recommends approval (6-0). Q.Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from John Thorngren from the Downtown Incentive Grant Program not to exceed $2,360; and providing for an effective date. The Economic Development Partnership Board recommends approval (6-0). R.Consider adoption of an ordinance authorizing and approving the execution of a First Amendment to Regional Recyclables Processing Agreement and also authorizing and approving a First Amendment to lease agreement by and between the City of Denton, Texas and Visy Recycling, Inc., d/b/a Pratt Recycling, relating to the leasehold financing of lessee’s interest therein with a third-party financial institution; and providing for an effective date. S.Consider approval of a resolution of the City Council of Denton, Texas authorizing the suspension of proposed rates and the intervention in the public utility commission proceeding involving the request to increase electric rates of Oncor Electric Delivery Company; authorizing participation in a coalition of municipalities known as the Alliance of TXU/Oncor customers ("ATOC"); providing for the retention of experts; finding that the meeting complies with the open meetings act; such other findings and provisions related to the subject; and declaring an effective date. T.Consider adoption of an ordinance of the City of Denton, Texas, approving the donation of a windmill to the Denton County Historical Society, Denton, Texas, providing a severability clause and an effective date. 4. ITEMS FOR INDIVIDUAL CONSIDERATION Tabled A. – Consideration of adoption of an ordinance of the City of Denton, Texas, for a zoning change from a Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), City of Denton City Council Agenda August 5, 2008 Page 7 Community Mixed Use Employment (CM-E), and Planned Development 138 (PD-138) zoning districts to the Inspiration Master Planned Community (MPC) zoning district classification and use designation; the area for zoning change encompasses 3,331 acres of land located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard and is legally described as certain tracts of land in the E. Pizono Survey, Abstract Number 1269, G. Pettingale Survey, Abstract Number 1041, J. Taft Survey, Abstract Number 1269, G. West Survey, Abstract Number 1393, B.B.B. & C. Railroad Company Survey, Abstract Number 158, S. Pritchett Survey, Abstract Number 1021 and the McCutchin Lands known as Pilot Knob Ranch in the City of Denton, Denton County, Texas, providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (MPC07-0001, Inspiration) The Planning and Zoning Commission recommends approval (7-0). B. Consider nominations/appointments to the City's Economic Development Partnership Board. C. Consider approval of a resolution amending Resolution No. R2005-015 by filling a vacancy of the Citizens Advisory Oversight Committee; and providing an effective date. D.Consider approval of a resolution appointing one member to the Board of Directors of the Denton County Transportation Authority; providing a repealer; and providing an effective date. The Mobility Committee recommends approval (3-0). E. Consider appointments to the following boards and commissions: 1. Airport Advisory Board 2. Animal Shelter Advisory Committee 3. Community Development Advisory Committee 4. Construction Advisory and Appeals Board 5. Historic Landmark Commission 6. Human Services Advisory Committee 7. Library Board 8. Parks, Recreation and Beautification Board 9. Planning and Zoning Commission 10. Public Art Committee 11. Public Utilities Board 12. TMPA Board of Directors 13. Traffic Safety Commission 14. Zoning Board of Adjustment F. Citizen Reports 1.Review of procedures for addressing the City Council. 2.Receive citizen reports from the following: A.Robert Donnelly regarding the Development Code and open government. City of Denton City Council Agenda August 5, 2008 Page 8 G. New Business and Announcements This item provides a section for Council Members to suggest items for future agendas, request information from the City Manager, and/or make announcements of public interest. H. City Manager’s Report I. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. J. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2008 at ________o'clock (a.m.) (p.m.) ____________________________________ CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY’S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008 DEPARTMENT: City Manager’s Office CM: George Campbell, City Manager SUBJECT Receive a report, hold a discussion and give staff direction regarding nominations to the City’s Boards and Commissions. BACKGROUND Attached are the nominations Council has submitted for boards and commissions positions. Any nominations made during the Work Session will be added to the list prior to consideration. Council will be voting on approval of these nominations at the regular meeting. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:\Boards & Comm\Agenda Info Sheet for Nominations IIC.doc ÞÑßÎÜ ßÒÜ ÝÑÓÓ×ÍÍ×ÑÒ ÒÑÓ×ÒßÌ×ÑÒÍ Þ±¿®¼ Ý±«²½·´ Ó»³¾»®Ò±³·²¿¬·±² ß·®°±®¬ ß¼ª·±®§ Þ±¿®¼ Ì¸±³±² Ü±² Í³·¬¸ øÎ÷ É¿¬¬ Ý¸¿®´» Þ®±©² øÎ÷ Õ¿³° Þ«®®±«¹¸ ß²·³¿´ Í¸»´¬»® ß¼ª·±®§ Ý±³³·¬¬»» Ø»¹¹·² Ó¿®·´§² Í·±² øÎ÷ Ó±®»²± É±±¼·» É·´±² øÎ÷ Õ¿³° Ó«´®±§ Ý±³³«²·¬§ Ü»ª»´±°³»²¬ ß¼ª·±®§ Ý³¬»òÌ¸±³±² Ô¿Ò»´´» É·²² øÎ÷ Õ¿³° Þ«®®±«¹¸ úÈËËØÏÉÐØÐÛØËnëÜÄóÎËÙÜÏ ß´´ úÈËËØÏÉÐØÐÛØËnëÎÏüÑÙËÔÙÖØ ß´´ Ý±²¬®«½¬·±² ß¼ª·±®§ ú ß°°»¿´ Þ±¿®¼ Ø»¹¹·² Ü¿²·»´ Ø«®¬ øÒ÷ Ó±®»²± É¿¬¬ Û½±²±³·½ Ü»ª»´±°³»²¬ Ð¿®¬²»®¸·° Þ¼ò Ò±³·²¿¬·²¹ Ý³¬»ò Ø·¬±®·½ Ô¿²¼³¿®µ Ý±³³··±² Ó±®»²± Þ«®®±«¹¸ úÈËËØÏÉÐØÐÛØËníØÖÖÄúÜÍÍÊ ß´´ Ø«³¿² Í»®ª·½» ß¼ª·±®§ Ý³¬»ò Ó±®»²± É¿¬¬ Ö¿² Ø·´´³¿² øÎ÷ úÈËËØÏÉÐØÐÛØËnëÔÚÕÜËÙêÉËØÜÐ ß´´ Ý®¿·¹ Ø«²¬»® øÌ¸±³±²÷ øÒ÷ úÈËËØÏÉÐØÐÛØËnöØËÔêÜÐÊ ß´´ Ó¿®§ß²² Ó½Ü«ºº øÌ¸±³±²÷ øÒ÷ Ô·¾®¿®§ Þ±¿®¼ Ì¸±³±² Ö«¼§ Ù·»» øÎ÷ É¿¬¬ Ð¿¬ Ô¿²¹¿ øÎ÷ Þ«®®±«¹¸ Ð¿®µô Î»½®»¿¬·±² ú Þ»¿«¬·º·½¿¬·±² Þ±¿®¼ Ó±®»²± ß´´§±² Ý±» øÎ÷ Ì¸±³±² Ü¿´» Ý±²©¿§ øÎ÷ É¿¬¬ Ð´¿²²·²¹ ¿²¼ Æ±²·²¹ Ý±³³··±² Ì¸±³±² Ð¿¬®·½» Ô§µ» øÎ÷ Õ¿³° Ó«´®±§ Ö»¿² Í½¸¿¿µ» øÎ÷ Ð«¾´·½ ß®¬ Ý±³³·¬¬»» Ó±®»²± Î±¾§² Ô»» øÎ÷ Ì¸±³±² Ö± É·´´·¿³ øÎ É¿¬¬ Ö±ß²² Þ¿´´»²¬·²» øÎ÷ Þ«®®±«¹¸ Ð¸·´ Ù¿´´·ª¿² øÎ÷ Ð«¾´·½ Ë¬·´·¬·» Þ±¿®¼Ì¸±³±² ënëØÜÍÍÎÔÏÉÐØÏÉ ïnïØÆïÎÐÔÏÜÉÔÎÏ ÞÑßÎÜ ßÒÜ ÝÑÓÓ×ÍÍ×ÑÒ ÒÑÓ×ÒßÌ×ÑÒÍ Þ±¿®¼ Ý±«²½·´ Ó»³¾»®Ò±³·²¿¬·±² ÌÓÐß Þ±¿®¼ ±º Ü·®»½¬±® ß´´ Ì®¿ºº·½ Í¿º»¬§ Ý±³³··±² Ø»¹¹·² Ö±¸² Ý®»© øÎ÷ Ó±®»²± Ð¿¬ Ý¸»»µ øÎ÷ Ó«´®±§ Õ·³ Í°·ª»§ øÒ÷ úÈËËØÏÉÐØÐÛØËnðÔÚÕÜØÑöËØØÏ ß´´ úÈËËØÏÉÐØÐÛØËnÙÎØÊÏÎÉÆÜÏÉÉÎÛØß´´ ®»¿°°¬¼ò Æ±²·²¹ Þ±¿®¼ ±º ß¼¶«¬³»²¬ Ó±®»²± Õ¿³° ënëØÜÍÍÎÔÏÉÐØÏÉ ïnïØÆïÎÐÔÏÜÉÔÎÏ AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2007 DEPARTMENT: City Manager’s Office CM: George Campbell, City Manager SUBJECT Receive a report, hold a discussion and give staff direction regarding appointments to Council committees. BACKGROUND Attached is the list of council preferences for serving on Council committees. Council will be considering and confirming these preferences as shown in the attached list. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:\Boards & Comm\Agenda Info Sheet for Council Committee Nominations .doc COUNCIL PREFERENCES FOR COMMITTEE AND BOARD ASSIGNMENTS COMMITTEE MEMBERS Agenda Burroughs Kamp Audit and Finance Burroughs Mulroy Watts Council Appointee Performance Review Heggins Mulroy Thomson Mobility Environment Mulroy Thomson Moreno Ethics Heggins Thomson Hotel Occupancy Tax Moreno Investment Policy Burroughs Thomson Watts EXTERNAL Community Justice Heggins Convention and Visitors Bureau Heggins Watts Dallas Regional Mobility Coalition Lake Ray Roberts P&Z Moreno Regional Transportation Council Texas Municipal Power Agency AD HOC Development Code Review Mulroy Property Maintenance Code Committee Heggins Watts AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008 DEPARTMENT: Economic Development CM: George C. Campbell SUBJECT Receive a report, hold a discussion and give staff direction regarding economic development incentives. BACKGROUND It has been several years since the Economic Development Department has presented information on incentives. The City Council is currently considering a special district for Downtown and may soon receive other requests. Staff will present an overview of available incentive programs and discuss the current procedures for processing incentive requests. EXHIBITS Incentive Slide Presentation Respectfully submitted, ______________________________ Linda Ratliff, Director Economic Development Department + I_-_ I// I 1 t C fl. C U C w f i i i ~ -- • ~ •- V ~ L .> 4J a..~ V - _ ~. S ~ O ~~ Q V i ~ - ~ d' '~ •- ~ f~ -~ ~ ~ ~ ~ ~ O •- ~ - V_ e ~ ~ ^~ Q;~ I V ~ ~ ~ ~ ~ p ~, _ ~ ~ ~ ~ ~ _~ ~ ~ r~ ~ ~ ~ c~ a~ ~ 4~~ - ~' ~ ~ ~ ~ ._ 4) L ~ 4~ ._ ~ ~ ~ ~~- ~ ~ . ~~ _*:~ -00 p ~ ~ p ~# ._ ~ L ~ L ~ ,, ~ t~ *-.._ to l^Y 1. ~~ 'f y, t~:~}~ ~ .._ t ;~. 3_.r~ ,,. ,. ~----- -- i~ ,! 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L ~ ~ O V ~- 4~ I ~ °' ~°- ~ ~ ~ ,> ~ s ~ ~ ~ LL I ~ O ~ O 'V ~.~~~~ ._ O ~' L a ~ i. ~o- ~~ ~ ~ ~ ~ ~ ~ 0 O ~ .~ 4~ ~ ~ Q .- ~_ ~ ~ ~ ~ ~ ~ .. O V ~ v.- a~ ~ ~ ~ ~ ~- ~ ~ ~ I ~ - cn ._ ,3, ~. (~ ~ ~ L c _ ~ ~~ • • r~^„~ i -- - --==~ P ~V O U -_ . ~ V :+-' ~ U ~ ~ ~ ~ ~ ~ ~ p U - ~ ~ •- ~ ra ~ ~ ra a--~ •- Q ~ ~ o U ~ ~ ~ ra i~ o ~ a~ o -+-' ~ ~ ~ ~ r V _ '- L ~ ~ o O ~ ~ ~- ~ ~ .. ~ -a -a cn ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a--' ~ ~ ~ .~ .~.r ~ p ~ ~ ~ ~ ~ . ~ ~ p m o o ~ ~ ~ U 4~ ~ ~ a~ a~ a~ ~ ~ ~ ~, V ~ ~ ~ ~ o ~ W A A A A U ~..~ • ~ I I i AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008 DEPARTMENT: Utilities ACM: Howard Martin, ACM SUBJECT Receive a report, hold a discussion to consider authorizing the Mayor to sign and send a letter to officials of the Texas Commission on Environmental Quality ("TCEQ") requesting the Commission to limit the term of Permit 1360A to coincide with the State Implementation Plan Review, or, if this term limit is not feasible due to statutory or similar requirements, formally requesting a special permit condition preventing the emission rates from receiving “grandfather” status during development and implementation of the State Implementation Plan. BACKGROUND On June 24, 2008, TXI operations, LP applied to the Texas Commission on Environmental Quality for a Air Quality Renewal Permit. This permit is simply a renewal of an existing air quality permit, with no changes in operational conditions, to allow continued emissions for four cement manufacturing kilns owned by TXI and operated in Midlothian. The kilns controlled by this permit are “wet kilns”, which utilize a much more energy intensive manufacturing process and emit substantially more nitrogen oxide (NOx) contaminants into the air when compared to more modern “dry” kilns. The particular kilns that are regulated by permit 1360A also burn hazardous wastes, and thus have the potential to emit additional air quality contaminants in substantially greater quantities when compared to a comparable dry kiln. These contaminants include carbon monoxide, hydrogen chloride, organic compounds, sulfur dioxide, chlorine, hydrogen fluoride, sulfuric acid, hydrogen sulfide, particulate matter (PM) including PM less than 10 microns, barium, trivalent chromium, nickel, lead, selenium, thallium, and trace metals including but not limited to mercury. During May 5, 2008, The City of Denton Committee on the Environment received a presentation from Mr. Jim Schermbeck, representing Downwinders at Risk. Mr. Schermbeck presented information on how the nitrogen oxides emitted from the wet kiln cement plants in Midlothian influence air quality in the Dallas / Fort Worth Metroplex. The presentation described how nitrogen oxides from these plants can, under certain circumstances, lead to substantial increases in the amount of ground level ozone in the Metroplex and surrounding areas. Mr. Schermbeck gave a similar presentation to the City Council during the June 17, 2008 regular work session. Because of the link between emissions from these plants and air quality, the citizens of Denton, as well as those of the Dallas/ Fort Worth Metroplex are potentially affected by this plant. Meteorological and other scientific data provided by the TCEQ has demonstrated that the cement kilns located in Midlothian influence ozone concentrations in the 9 County Dallas Fort Worth "non-attainment" area. The status of "non-attainment" in this area is due to excessive levels of ground level ozone. Dealing with these ozone challenges can only be accomplished on a regional basis, and only by considering all sources of nitrogen oxides and other chemical constituents that influence Metroplex ozone concentrations. In addition, during March 2008 the United States Environmental Protection Agency (USEPA) decreased the National Ambient Air Quality Standard (NAAQS) for ozone to 75 parts per billion. This reduced standard creates an even greater and more pressing need for the Dallas / Fort Worth Metroplex to enact regional ozone reduction strategies, both in the interest of protecting public health and safety as well as the use and enjoyment of public and private properties. In response to this need, several Metroplex cities, including Dallas and Fort Worth, have enacted "green cement" purchasing policies that require the municipalities to purchasing only cement from facilities that meet low nitrogen oxide production goals. Staff has been working with the Texas Commission on Environmental Quality and the cities of Dallas and Fort Worth to determine an appropriate response to this permit application. The greatest immediate concern for the Dallas / Fort Worth Metroplex is the continued emissions of nitrogen oxides at current concentration levels, and the link between these emissions and ozone concentrations in the non-attainment challenges faced by the nine non-attainment counties. Staff members from Dallas, Fort Worth, and Denton have been discussing the implications of Permit 1360A with regards to air quality in general, as well as the specific issue of nitrogen oxides and ozone concentrations. One major concern is the fact that permit 1360A, if renewed, will remain in effect for the next 10 years. However, within the next several years, the State will be tasked with creating and enacting the State Implementation Plan (SIP) in response to the new 75 parts per billion ozone standard. Staff members from all cities believe that permit 1360A needs to be strongly considered during the development and implementation of this SIP. Therefore, staff members from these cities are proposing to not oppose permit 1360A through the use of a contested case hearing, as staff feels that the success in such an approach is unlikely due to permit 1360A being a renewal with no change in conditions. However, staff members from these cities also believe that allowing continued operations at current emission levels for the next 10 years is not an acceptable course of action. Staff members from both Fort Worth and Dallas have indicated that Mayors of both cities will petition the TCEQ to grant the permit for a shortened year period only, as opposed to the “normal” period of 10 years. The intention is to ensure the next permit renewal cycle for Permit 1360A coincides with the development and implementation phase for the next State Implementation Plan, and will allow for discussion and development of strategies for reducing ozone and other air quality contaminants at that time. Denton staff recommend a similar approach, both to support the efforts of other Metroplex cities in dealing with the regional challenges of air quality improvement, as well as to provide more unified position among member cities when petitioning the TCEQ for a reduction in the permit term. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On May 5, 2008, the City Council Committee on the Environment received a presentation describing the influence of the wet kiln cement production facilities at Midlothian on regional air quality. A similar presentation was received by the City Council during the June 17, 2008 regular session. EXHIBITS 1. Letter from the Mayor concerning permit 1360A. Respectfully submitted: _______________________ Kenneth Banks Manager, Division of Environmental Quality. [MAYOR’S LETTERHEAD] August 5, 2008 VIA FACSIMILE: (512) 239-3311 and VIA OVERNIGHT MAIL Office of the Chief Clerk Texas Commission on Environmental Quality MC-105 P.O. Box 13087 Austin, Texas 78711-3087 Re: Application for Renewal Request for Permit Number 1360A Dear Sir or Madam, On June 24, 2008, TXI Operations LP (TXI) submitted an Air Permit Renewal application to the Texas Commission on Environmental Quality (TCEQ) for the operation of its Midlothian Cement Plant located in Midlothian, Ellis County, Texas. At the Denton City Council's meeting of August 5, 2008, the City Council authorized me to write this letter asking the TCEQ to strongly consider these requests for Air Permit Number 1360A. On behalf of the City Council of the City of Denton, Texas, and their constituents, I am requesting the Executive Director to strongly consider the impacts to air quality associated with granting the renewal of Permit No. 1360A as it is currently proposed. This permit renewal would authorize the continued emissions of nitrogen oxides (NOx) as well as other air quality contaminants. Meteorological and other scientific data provided by the TCEQ has demonstrated that these plants increase ozone concentrations in the 9-county Dallas- Fort Worth "non-attainment" area. Our region's inability to historically meet State Implementation Plan deadlines relates directly to our inability to sufficiently reduce nitrogen oxides. As you know, during March 2008 the United States Environmental Protection Agency (USEPA) decreased the National Ambient Air Quality Standard (NAAQS) for ozone to 75 parts per billion. This reduced standard creates an even greater and more pressing need for the Dallas / Fort Worth non-attainment area to enact ozone reduction strategies. The City of Denton is concerned that simply renewing permits for kiln operators to continue to emit NOx at current levels for another ten years removes incentives for kiln operators to install emission reduction technologies. Denton recognizes and appreciates the efforts of TXI concerning Kiln 5, which is one of the cleanest kilns operating in the Midlothian area. However, Kiln 5 is a dry kiln and employs new manufacturing processes and technologies. Our concern is the much older, out-dated wet kilns that, though they do have minimal emission controls, they do not employ emission controls necessary to reduce NOx emissions to the level of dry kilns on a “per production” basis. Due to the higher emissions of various air contaminants from the wet 1 kilns regulated by Permit 1360A and the influence of these contaminants on both ozone concentrations and public health, we believe that strong consideration should be given to retrofitting these kilns so that they meet emission standards that are more similar to dry kilns and more in keeping with modern air quality regulations. If TCEQ grants the renewal for Permit 1360A as proposed, the resulting permit would allow emissions at current levels for the “normal” permit term of 10 years. Because of the implications of a 10-year permit period and the potential inconsistency between emissions allowed by this permit and the future Regional State Implementation Plan/Clean Air Plan for the reduction of we formally request the Commission to limit the term of the permit to coincide with ozone, the SIP review and amendments within the next 2-3 years. If this term limit is not feasible due to statutory or similar requirements, we formally request the Commission to add a special permit condition preventing the emission rates of permit 1360A from receiving “grandfather” status during development and implementation of the State Implementation Plan . Our current understanding is that the SIP will be reviewed and most likely amended within the next 2-3 years. The City of Denton wants to ensure that any newly established NOx emission rates will apply to kilns covered by Permit 1360A. Granting this air permit in its current form has the potential to significantly impact air quality and public health in the Dallas / Fort Worth Metroplex for the next ten years. Granting the permit in its current form also has the potential to hinder our ability to meet current and future air quality standards. We therefore believe that our request is both justified and necessary to ensure that air pollution from these operations does not negatively impact efforts to control ozone concentrations in non attainment areas. In the interest of protecting public health and safety as well as the use and enjoyment of public and private properties, we urge the TCEQ to seriously consider and grant our request. We greatly appreciate the support of the TCEQ in this endeavor. Please also place us on the mailing list to receive any future public information related to this application from the Office of the Chief Clerk. The address for mailing these notifications is Mark Burroughs Mayor, City of Denton, Texas 215 East McKinney Street Denton, Texas 76201 Should you need any additional information to consider this request, please do not hesitate to contact me at (940) 349-7717, or by writing me at the address above. You may also contact Kenneth Banks, Division of Environmental Quality Manager, who may be reached at (940) 349- 7165. Very truly yours, Mark Burroughs Mayor, City of Denton, Texas 2 AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008 DEPARTMENT: City Manager’s Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Retired and Senior Volunteer Program to assist with funding of postage; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $300.00 ( Council Member Charlye Heggins, ) from Council Contingency Funds. Key provisions of $200; and Council Member Chris Watts, $100 the agreement include: Funds shall be used by RSVP to assist with the postage costs. In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from respective Council contingency fund accounts. Respectfully submitted: George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008 DEPARTMENT: City Manager’s Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and HOPE, Inc. to assist with funding computer support equipment; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $500.00 (Council Member Jack Thomson, $400 and ) from Council Contingency Funds. Key provisions of Council Member Chris Watts, $100 the agreement include: Funds shall be used by HOPE, Inc. to assist with computer support equipment. In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from respective Council contingency fund accounts. Respectfully submitted: George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008 DEPARTMENT: City Manager’s Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Court Appointed Special Advocates to assist with funding of phones, local travel for child visits and office supplies; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $350.00 (Mayor Mark Burroughs ($150) and ) from Council Contingency Funds. Key provisions of the Council Member Charlye Heggins, $200 agreement include: Funds shall be used by CASA to assist with phone cost, local travel for child visits, and office supplies. In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from respective Council contingency fund accounts. Respectfully submitted: George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008 DEPARTMENT: City Manager’s Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Adult Day Stay Center to assist with funding for web site support, storage cabinet and/or office supplies; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $300.00 (Council Member Charlye Heggins, $200 and ) from Council Contingency Funds. Key provisions of Council Member Chris Watts, $100 the agreement include: Funds shall be used by Adult Day Stay Center to assist with web site support, storage cabinet and/or office supplies. In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from respective Council contingency fund accounts. Respectfully submitted: George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008 DEPARTMENT: City Manager’s Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Our Daily Bread to assist in providing food supplies; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $1,350 ( Council Member Jack Thomson, $300; Council Member Charlye Heggins, $300; Council Member Joe Mulroy, $500; and Council Member Chris ) from Council Contingency Funds. Key provisions of the agreement include: Watts, $250 Funds shall be used by Our Daily Bread to help provide services and supplies for a soup kitchen in Denton. In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from respective Council contingency fund accounts. Respectfully submitted: George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams 349-8487 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the purchase of an electric transmission conductor for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4065-Annual Contract for Electric Transmission Conductor awarded to the lowest responsible bidder meeting specification, Stuart C. Irby, in the annual estimated amount of $244,020 plus a refundable deposit of $41,000). (The Public Utilities Board approved this item by a vote of (6-0). BID INFORMATION This bid will supply un-insulated, high temperature 959.6 kcmil ACSS/TW (Aluminum Conductor Steel Supported / Trapezoidal Wire) transmission conductor for the construction of the Denton West to RD Wells Interchange, and the Hickory Substation to US 380 approved CIP transmission line projects. Ninety-Eight Thousand feet of 959.6 ACSS/TW conductor is required. The conductor is delivered on large steel reels which require a $2,050 refundable deposit for each reel. This bid requires the delivery of 20 reels; therefore a $41,000 deposit will be required. After the transmission conductor is installed, the empty reels will be picked up by the supplier and the $2,050 deposit per reel will be refunded. A complete description of the analysis of the bid proposal pricing and volatility of the wire market is included in the Public Utilities Board Agenda Information Sheet attached as Exhibit 1. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its July 14, 2008 meeting. RECOMMENDATION Award to Stuart C. Irby in the annual estimated amount of $244,020 plus a refundable deposit of $41,000. PRINCIPAL PLACE OF BUSINESS Stuart C. Irby Fort Worth, TX Agenda Information Sheet August 5, 2008 Page 2 ESTIMATED SCHEDULE OF PROJECT This price agreement will be in effect for a period of one year from the date of award and may be extended for additional one-year periods if agreed to by both parties with all pricing, terms and conditions remaining the same. FISCAL INFORMATION This item will be funded from account 600129488.1350.3560 in the amount of $171,098.20 and 600775489.1350.3560 in the amount of $45,481.80. Requisition 88472 has been entered into the Purchasing software system. EXHIBITS Exhibit 1: Public Utility Board Agenda Information Sheet without Exhibits Exhibit 2: Bid Tabulation Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 4065 Exhibit 1 PUBLIC UTILITIES BOARD AGENDA ITEM #1 AGENDA INFORMATION SHEET AGENDA DATE: July 14, 2008 DEPARTMENT: Utilities UTILITIES ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT: Consider recommending approval of the line item unit prices in Bid #4065 and awarding an annual contract for the purchase for bare aluminum overhead electric transmission conductor to the lowest bidder, Stuart C. Irby, based in Fort Worth, Texas in the estimated expenditure amount of $244,020 (plus a refundable steel reel deposit of $41,000) BACKGROUND: Bid #4065 is to supply un-insulated, high temperature 959.6 kcmil ACSS/TW (Aluminum Conductor Steel Supported / Trapezoidal Wire) transmission conductor for the construction of the Denton West to RD Wells Interchange, and the Hickory substation to US 380 approved CIP transmission line projects. 98,000 feet of 959.6 ACSS/TW conductor is required. The ACSS/TW wire is available in two strength ratings: standard and high strength. These two projects were structurally designed for the high strength conductor. For comparative cost analysis DME requested pricing on both the high strength conductor and the standard strength conductor. Because the high strength conductor is more commonly used in the electric utility industry, it was quoted at a lesser cost than the standard strength conductor. Only the lower cost high strength conductor in line item #2 of Bid #4065 will be purchased. ACSS/TW conductor is delivered on large steel reels. A refundable deposit of $2,050 is required on each steel reel. After the transmission conductor is installed, the empty steel reels will be picked up by the supplier and the $2,050 reel deposit refunded. A total of 20 reels are required to hold the 98,000 feet of conductor required on the two DME CIP transmission projects. The volatility in prices for copper, aluminum, and steel at this time has made it mandatory that a purchasing method be crafted that recognizes the reality of conditions in the marketplace. Quotations are typically valid for no more than a few days. All vendors are providing bids using a base price with some form of escalation for anything other than an immediate spot purchase. The price for other than immediate order is determined at the actual time of order using the base price and the adjustment. To address the current market situation, a base price and escalation / de-escalation method was written into the specification. A specified base price was necessary to establish a common point for evaluation of bids and to define the point where escalation / de-escalation would be applied. For escalation / de-escalation, a formula is utilized to adjust the price at the time an order is placed that will adjust the price based on the percent change in the cost of aluminum using the specified base price as the starting point. Exhibit 1 AIS PUB Agenda Item #1 July 14, 2008 Page 2 of 3 For this bid the aluminum base price was specified as $115.82 per CWT (CWT = 100 pounds). London Metal Exchange The index that will be used is the price with a Midwest adjustment (LME_M) average for the end of the month preceding the month of order. The price of each conductor order will be increased or decreased at the time of order according to the following formula: Purchase order unit price = bid unit price per foot + (pounds of aluminum per foot) * (change in the LME_M per pound) The change in the LME_M per pound will be determined by subtracting the average LME_M for the month previous to the month of order from 115.82 and dividing the result by 100 to arrive at price per pound escalation or de-escalation amount. The estimated LME_M for August orders is 146.59. If this estimate is correct the price per foot will increase from the bid price of $2.21 per foot to $2.49 per foot. That will place the total order for the two projects at $244,020. The reel deposit is expected to be $41,000 and will be refunded when the reels are returned to Southwire. DME requests approval of the quoted base aluminum unit prices and that the escalation method be applied at the time of conductor purchase. Standard City of Denton purchasing procedures were followed. Eight notices were provided to prospective bidders with three bids received. Bid #4065 was first advertised by the City of th Denton Purchasing Department on May 27th, the sealed bids were due and opened on June 17, thth the PUB review date is July 14, and the City Council review date is August 5. The bid evaluations are summarized in Exhibit 1. Exhibit 2 is a chart showing the cost variations in aluminum from February through June. OPTIONS: 1. Recommend approval of the unit pricing in Bid #4065 2. Do not recommend approval of the unit pricing in Bid #4065 RECOMMENDATION: DME recommends approval of the unit pricing in Bid #4065 and award line item number 2 for the high strength conductor to the low bidder, Stuart C. Irby. ESTIMATED SCHEDULE: A Purchase Order will be issued immediately after City Council approval. The transmission conductor has an estimated delivery time of eight to ten weeks. PRIOR ACTION/REVIEW (Council, Boards, Commissions): None Exhibit 1 AIS PUB Agenda Item #1 July 14, 2008 Page 3 of 3 FISCAL INFORMATION: 600129488.1350.3560 Denton West to RD Wells Transmission Line 600775492.1350.3560 Hickory Substation to US 380 Transmission Line BID INFORMATION: Exhibit 1 is a summary of the bids. DATE SCHEDULED FOR COUNCIL APPROVAL: August 5, 2008 EXHIBITS: 1. Bid Evaluation 2. Aluminum Cost History Respectfully submitted, Phil Williams General Manager of Electric Utilities Denton Municipal Electric Prepared by: Chuck Sears Engineering Division Manager Denton Municipal Electric ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF AN ELECTRIC TRANSMISSION CONDUCTOR FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4065-ANNUAL CONTRACT FOR ELECTRIC TRANSMISSION CONDUCTOR AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, STUART C. IRBY, IN THE ANNUAL ESTIMATED AMOUNT OF $244,020 PLUS A REFUNDABLE DEPOSIT OF $41,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 4065 Stuart C. Irby Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. Thhis ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2008. ______________________________ MARK BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: JOHN M. KNIGHT, INTERIM CITY ATTORNEY BY: _________________________________ 3-ORD-BID 4065 Exhibit A Þ×Ü ý ìðêë ÜßÌÛæ Ö«²» ïéô îððè ß²²«¿´ Ý±²¬®¿½¬ º±® Û´»½¬®·½ Ì®¿²³··±² Ý±²¼«½¬±® ÛÍÌò Ý±²¼«½¬±® ×ÌÛÓËÑÓÜÛÍÝÎ×ÐÌ×ÑÒÊÛÒÜÑÎ ßÒÒËßÔ Í¬®»²¹¬¸ ÏÌÇò Í¬«¿®¬ Ýò ×®¾§ Ý±ò Ð®·²½·°´» Ð´¿½» ±º Þ«·²»æ Ú¬ò É±®¬¸ô ÌÈ É·®»ô çëçòê Þ¿®» ß´«³·²«³ Ý±²¼«½¬±®ô Ý´¿ ßÝÍÍñÌÉô îî Í¬®¿²¼ô Ñª»®¿´´ ¼·¿³»¬»® ïòïðèþô ÜòÝò ®»·¬¿²½» ðòðïéî Ñ¸³ñïôððð º¬ò à îðÝô Í¬¿²¼¿®¼ } ïçèôðððº¬öüîòîî Í¬®»²¹¬¸ Î¿¬»¼ ¾®»¿µ·²¹ ¬®»²¹¬¸ íðôéðð ´¾ò øÝ±¼» ²¿³» þÍ«©¿²²»»þ ±² ëôððð º¬ò ³·²·³«³ ¬¿²¼¿®¼ ®»¬«®²¿¾´» ¬»»´ ®»»´÷ò É·®»ô çëçòê Þ¿®» ß´«³·²«³ Ý±²¼«½¬±®ô Ý´¿ ßÝÍÍñÌÉô îî Í¬®¿²¼ô Ñª»®¿´´ ¼·¿³»¬»® ïòïðèþô ÜòÝò ®»·¬¿²½» ðòðïéî Ñ¸³ñïôððð º¬ò à îðÝô } îØ·¹¸ Í¬®»²¹¬¸çèôðððº¬öüîòîï Î¿¬»¼ ¾®»¿µ·²¹ ¬®»²¹¬¸ ííôïðð ´¾ò øÝ±¼» ²¿³» þÍ«©¿²²»»þ ±² ëôððð º¬ò ³·²·³«³ ¬¿²¼¿®¼ ®»¬«®²¿¾´» ¬»»´ ®»»´÷ò Ü»´·ª»®§ ½¿² ¾» ³¿¼» ©·¬¸·² ÁÁÁÁÁÁ ©»»µ ±º èóïð ®»½»·°¬ ±º ±®¼»®ò Þ·¼¼»® · ¿² ¿«¬¸±®·¦»¼ ¼·¬®·¾«¬±®ô ¾§ ¬¸» ³¿²«º¿½¬«®»®ô ¿²¼ · ¿«¬¸±®·¦»¼ ¬± »´´ ¬± ¬¸» Ç» Ý·¬§ ±º Ü»²¬±²á Ç» ±® Ò± Òñß öÍ»» Þ·¼ ÓÑÏãíðôðððù Þ·¼¼»®ù Ý±³³»²¬ üîðëð ®»»´ ¼»°±·¬ öÐ®·½» ¸¿´´ ¾» ¾·¼ ÚòÑòÞò Ü»²¬±² ö Ñ²´§ çèôððð º¬ò ±º ½±²¼«½¬±® ©·´´ ¾» ¾±«¹¸¬ô »·¬¸»® ·¬»³ ï ÑÎ ·¬»³ îô ¼»°»²¼·²¹ ±² º·²¿´ ¼»·¹²ò Ð®·½·²¹ · ®»¯«·®»¼ ±² ¾±¬¸ ¬¿²¼¿®¼ ¿²¼ ¸·¹¸ ¬®»²¹¬¸ ±ª»®¸»¿¼ ¬®¿²³··±² ½±²¼«½¬±®ò ÑÒÔÇ ÍÑËÌØÉ×ÎÛ ½±³°¿²§ ½±²¼«½¬±® ©·´´ ¾» ¿½½»°¬»¼ ¾§ ÜÓÛò MINUTES PUBLIC UTILITIES BOARD July 14, 2008 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on Monday, July 14, 2008 at 9:02 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present : Chair Charldean Newell, Bill Cheek, Phil Gallivan, John Baines, Randy Robinson and Bill Grubbs Ex Officio Members: George C. Campbell, City Manager Howard Martin, ACM, Utilities Absent : Dick Smith, excused OPEN MEETING: CONSENT AGENDA: has had an opportunity to raise questions regarding these items prior to consideration. 1) Consider recommending approval of the line item unit prices in Bid #4065 and awarding an annual contract for the purchase for bare aluminum overhead electric transmission conductor to the lowest bidder, Stuart C. Irby, based in Fort Worth, Texas in the estimated expenditure amount of $244,020 (plus a refundable steel reel deposit of $41,000). Board Member John Baines moved to approve Item 1 with a second from Board Member Bill Cheek. The motion was approved by a 6-0 vote. The meeting was adjourned by consensus at 11:26 a.m. AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tom Shaw 349-7133 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of wood utility poles for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4056-Annual Contract Agreement for Wood Utility Poles awarded to the lowest responsible bidder, Nationwide Utility Poles & Supply, Inc., in the annual estimated amount of $354,624.88). BID INFORMATION This bid is for an annual contract to supply Wood Utility Poles used by the Electric Distribution Division in the maintenance and new construction of the overhead distribution system. Poles are ordered as needed in truckload quantities and stored in the Warehouse stock until placed in service. RECOMMENDATION Award an annual contract to the lowest responsible bidder meeting specification, Nationwide Utility Poles & Supply, Inc. in the annual estimated amount of $354,624.88. The lower prices offered by Texas Electric Cooperatives, McFarland Cascade, RJ Trading Group, and Conroe Products have been rejected as non-approved manufacturers. The DME Engineering staff has established a list of five approved manufacturers of treated wood products. Three of the five responded to the bid request. PRINCIPAL PLACE OF BUSINESS Nationwide Utility Poles & Supply, Inc. Brierfield, AL. ESTIMATED SCHEDULE OF PROJECT Truckload quantities of various length and class of poles can be shipped within two weeks of receipt of an order. This price agreement will be in effect for a period of one year from the date of award and may be extended for additional one-year periods if agreed to by both parties with all pricing, terms and conditions remaining the same. Agenda Information Sheet August 5, 2008 Page 2 FISCAL INFORMATION Poles will be purchased from the Warehouse Working Capital Inventory account 800001.6402 and charged to appropriate department accounts as utilized. EXHIBITS Exhibit 1: Bid Tabulation Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 4056 ORDINANCE NO. __________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF WOOD UTILITY POLES FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4056-ANNUAL CONTRACT AGREEMENT FOR WOOD UTILITY POLES AWARDED TO THE LOWEST RESPONSIBLE BIDDER, NATIONWIDE UTILITY POLES & SUPPLY, INC., IN THE ANNUAL ESTIMATED AMOUNT OF $354,624.88). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 4056 Nationwide Utility Poles & Supply, Inc. Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2008. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: JOHN M. KNIGHT, INTERIM CITY ATTORNEY BY: _________________________________ 3-ORD-Bid 4056 Bid #4056 Exhibit A Date: 7/8/08 Annual Contract for Wood Utility Poles NATIONWIDE UTILITY POLES & SUPPLY BRIERFIELD, AL COD W/H # No.DESCRIPTIONAPreferred BAlternate CA*B Unit Price for Unit price for Evaluation Est. QtyRUS M-20 DME DrillingCost Drilling 35 FT. CLASS 3150$331.50$331.50$49,725.00 154069000 35 FT. CLASS 11$403.64$403.64$403.64 254069510 40 FT. CLASS 3100$391.49$391.49$39,149.00 354069050 40 FT. CLASS 120$497.26$497.26$9,945.20 454069540 554069515 45 FT. CLASS 1160$598.02$598.02$95,683.20 654069520 50 FT. CLASS 150$710.17$710.17$35,508.50 55 FT. CLASS 1$41,351.00 75406953050$827.02$827.02 $6,012.84 85406953560 FT. CLASS 16$1,002.14$1,002.14 $9,757.68 95406956565 FT. CLASS 16$1,626.28$1,626.28 $1,898.65 10N/A65 FT. CLASS H11$1,898.65$1,898.65 $2,236.58 11N/A65 FT. CLASS H21$2,236.58$2,236.58 $1,929.03 125406930070 FT. CLASS 14$1,929.03$1,929.03 $2,261.39 13N/A70 FT. CLASS H11$2,261.39$2,261.39 $2,571.81 14N/A70 FT. CLASS H21$2,571.81$2,571.81 $2,216.58 155406956075 FT. CLASS 14$2,216.58$2,216.58 $2,503.36 16N/A75 FT. CLASS H11$2,503.36$2,503.36 $2,965.65 17N/A75 FT. CLASS H21$2,965.65$2,965.65 $2,585.44 185406940080 FT. CLASS 14$2,585.44$2,585.44 $3,056.54 19N/A80 FT. CLASS H11$3,056.54$3,056.54 20N/A80 FT. CLASS H21$3,425.63$3,425.63 $3,425.63 $3,387.74 21N/A85 FT. CLASS H11$3,387.74$3,387.74 $3,779.04 22N/A85 FT. CLASS H21$3,779.04$3,779.04 $3,340.35 235406950090 FT. CLASS 11$3,340.35$3,340.35 $4,166.47 24N/A90 FT. CLASS H11$4,166.47$4,166.47 $4,571.41 25N/A90 FT. CLASS H21$4,571.41$4,571.41 $354,624.88 TOTALS Delivery within _____ days A.R.O. 5 Days Optional Adder to hand pick the strongest & straightest poles for N/A shipment: $____per pole. AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tom Shaw 349-7133 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance providing for the expenditure of funds for the emergency purchase of sodium hydroxide in accordance with provisions of state law exempting such purchases from requirements of competitive bidding; and providing an effective date. (The Public Utilities Board approved this item by a vote of (6-0). BID INFORMATION A chemical, known as Sodium Hydroxide, (aka Caustic Soda or Liquid Caustic) is added to the drinking water to make it stable or non-corrosive. An adequate supply of this water treatment federal regulations. The inability to secure delivery of the product could jeopardize the water supply. The current contracted supplier, FSTI, Inc., has increased pricing from the bid award price of $0.2675 per pound to $0.609 per pound, with price increases daily in some cases. The vendor is on allocation from their manufacturer, and is often unable to meet delivery needs. This problem is an industry supply problem, and not specific to our contracted vendor. Purchases have been made with FSTI at the higher rates; however, ts, purchases from other sources have become necessary (Exhibit1). Quotations are solicited when possible, but finding Caustic Soda in stock is usually the deciding factor. The City continues to maintain a contract with FSTI, should the market stabilize. The terms and conditions of the contract do allow the alternative whereby the City could sue for the additional costs incurred The purchases made in excess of the contract were made under the Chapter 252.022(a) (1) of the Local Government Code. This exemption allows a municipality the ability to make purchases because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the municip Chapter 252.022(a) (2) of the Texas Local Government Code also allows the City an exemption from the formal bidding process for expenditures necessary to protect the public health and . Agenda Information Sheet August 5, 2008 Page 2 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board approved this item at its July 28, 2008 meeting. Council awarded the Annual Contract for Water Treatment Chemicals (Bid 3942) on February 19, 2008 to various vendors, including FSTI for Caustic Soda. (Ordinance 2008-035) The Public Utility Board approved the award of Bid 3942 on February 11, 2008. RECOMMENDATION Approve the previous expenditures made above the contracted price and allow the Purchasing Department to spot buy Caustic Soda from various sources as needed, until the market stabilizes, in an estimated amount of $250,000 over the next six months. Informal quotations will be solicited when possible. ESTIMATED SCHEDULE OF PROJECT The price instability for this item is ongoing; staff will continue to keep Council informed until the market stabilizes. FISCAL INFORMATION The sodium hydroxide purchases are funded from account 630100.6334. EXHIBITS Exhibit 1: List of Sodium Hydroxide Purchases Exhibit 2: Memorandum from Assistant Director of Water Utilities Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 3942 Exhibit 2 WATER UTILITIES 901-A Texas Street Denton, TX 76209 (940) 349-8452 Fax (940) 349-8951 MEMORANDUM From: Tim Fisher, P.E. Assistant Director of Water Utilities To: Members of the Denton City Council and Public Utilities Board Date: July 11, 2008 Subject: Emergency Purchases of Water Treatment Chemicals Water Production, the division of Water Utilities that purifies and distributes the drinking water for the City of Denton is experiencing a volatile chemical market that has forced us to declare an emergency due to public health and safety. A chemical, known as Sodium Hydroxide, (aka Caustic Soda or Liquid Caustic) that is added to the drinking water to make it stable or non- corrosive is in greater demand than the current supply. An adequate supply of this water state and federal regulations. The current approved bid for this chemical went into effect on March 1, 2008. Since June 1, 2008, the vendor has increased its price three times for a total increase of 96 percent. After not being able to receive shipments in a timely manner and the second price increase, staff contacted other chemical vendors and acquired a lower price through July 15, 2008. This supply problem is not limited to this specific vender and relates to the availability of the supply from the manufactures. The Purchasing Department recommends that we make spot purchases as needed from various vendors. We will attempt to get quotes, however with supply in such short demand, we may have to purchase from a source that is able to supply us and meet our needs. At the current price and quantities needed through the end of the fiscal year, we will need to purchase over $200,000.00 of this chemical. Chapter 252 of the Texas Local Government Code covers purchasing procedures for purchases over $50,000.00. Section 252.022(a) of the Texas Local Government Code allows for purchases over $50,000.00 without a bid if a declaration of an 252.022 (a) this chapter does not apply to expenditure for: (1) A procurement made because of a public calamity that requires the immediate appropriation of money to relieve th municipality; (2) A procurement necessary to preserve or protect the public health or safety of the In the past when an emergency purchase was required for the Water Production Division, it was for a failed pump, or motor or a specialized piece of equipment that was essential to system operations that the cost exceeded the $50,000.0 amount and the schedule would not allow for the normal bid process and approval process through PUB and City Council. The procedure would be to declare the purchase an emergency, purchase the necessary items and request approval from the PUB and City Council after the emergency was addressed and the costs were known. In this instance, the emergency condition is the unstable chemical market and the failure of our vender to honor their contracted price and/or guarantee delivery of the needed commodity critical to our plant operations. At this time, staff is not certain how long this market condition will prevail or how much the cost increases will eventually total. Based upon a preliminary investigation, this problem is common to most every water utility we have discuss this with and some utilities are having difficulty with some water treatment chemicals other than liquid caustic. Most of the utilities we have had discussions with have identified the short term market for liquid caustic as being the most volatile and the problems with vender deliveries and price adjustments have been mostly centered on this specific chemical. The Upper Trinity Regional Water District has also had problems related to sodium hypochlorite deliveries and escalating costs. Most utilities are managing the situation is similar ways, buying from the spot market at increased cost, maintaining larger on site inventories, trying to reduce the amount of the chemical they use in their process, and investigating possible legal actions against their suppliers for violating the terms and conditions of their contracts. The vendors are declaring Force Majeure or act of god (circumstances beyond their control) to protect themselves from litigation for breach of contract with their customers. The problem with liquid caustic is tied to many variables in the market place including the recent Production of liquid caustic is also tied to the market demand and manufacturing of other commodities and their demand within the market place. These include PVC products and liquid chlorine. Federal restrictions based upon homeland security concerns are impacting the market demand for chlorine products as well. Staff will continue to monitor and manage this situation but emergency purchases of chemicals outside our normal annual bidding and approval processes will be necessary on the short term to insure continuous operation of the water plants. As this situation continues to evolve, staff will keep the PUB and City Council informed as appropriate or as requested. Tim Fisher, Assistant Director of Water Utilities City of Denton 901 A Texas Street Denton, Texas 76209 Phone: 940-349-7190 Fax: 940-349-8951 E-mail: tsfisher@cityofdenton.com ORDINANCE NO. __________ AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE EMERGENCY PURCHASE OF SODIUM HYDROXIDE IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, state law requires that certain contracts requiring an expenditure or payment by the City in an amount exceeding $50,000 be by competitive bids, except for certain exempt purchases as set forth in Sections 252.022 of the Local Government Code; and WHEREAS, sodium hydroxide is an essential component of the process of purifying the public water supply; and WHEREAS, the City Manager has recommended to the City Council an unforeseen shortfall in the supply of sodium hydroxide, as more fully outlined in the file of the office of the which is incorporated herein by reference, constitutes a continuing public calamity that requires the immediate appropriation of money to relieve the necessity of the cis residents and further requires a continuing procurement necessary to preserve or protect the public hea and is in compliance with the requirements of Subsections 252.022 (a)(1) and 252.022 (a)(2) of the Local Government Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby determines that this procurement is necessary because of a continuing public calamity and emergency brought about by an unforeseen increase in demand of sodium hydroxide, and the following emergency purchases of materials, file the office of the Purchasing Agent, are hereby approved: SECTION 2. Because of such public calamity and emergency, the City Manager or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders, and to make such continuing procurements of sod in an amount not to exceed $250,000.00, and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _____ day of ________________, 2008. _______________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:_______________________________ APPROVED AS TO LEGAL FORM: JOHN M. KNIGHT, INTERIM CITY ATTORNEY BY: _________________________________ Emergency Purchase Caustic Soda 1DRAFT MINUTES 2PUBLIC UTILITIES BOARD 3July 28, 2008 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 7Monday, July 28, 2008 at 9:00 a.m. in the Service Center Training Room, City of Denton 8Service Center, 901-A Texas Street, Denton, Texas. 9 Present: 10 Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson 11and Bill Grubbs 12 13 Ex Officio Members: 14 George C. Campbell, City Manager 15 Howard Martin, ACM Utilities 16 Absent 17: John Baines, excused 18 OPEN MEETING: 19 20 217) Consider recommending approval to purchase Sodium Hydroxide from the spot market and 22approve two prior emergency spot market purchase orders for Sodium Hydroxide from 23ConChemco Ltd., and from Harcross Chemicals, both located in Dallas, Texas in the 24expenditure amount not to exceed $250,000. 25 26Tim Fisher, Assistant Director of Water Utilities, presented this item stating staff was declaring 27an emergency because a chemical, Sodium Hydroxide (aka Caustic Soda or Liquid Caustic), that 28is used in the treatment of Denton’s drinking water is in short supply, and on a very strict 29allocation. Usually, the annual bid goes out somewhere in the February/March window with the 30award this year occurring during the month of March. The first increase occurred in March and 31was about 60%, $135 a ton, which was noticeable, but with the volatility associated with the 32market, staff did not take huge stock in it. Then it got crazy. The vendor was not going to honor 33his bid price and gave a price increase at the beginning of June of 43% on top of that. Purchases 34were made from that vendor for a month and when there was another price increase of 59% the 35City quit buying from that vendor and has been buying off the spot market since then. The 36$1200 dollar range is the last price increase effective the month of July. 37 38Fisher stated that when the vendor does not honor the contract, one starts looking at alternatives. 39That created a unique situation in regard to the annual bidding process and the vendor not 40honoring the contract. In the meantime, water still needs to be treated and on that basis an 41emergency was declared. The Purchasing and Legal departments had some concerns with regard 42to how long purchases could be made without formal Council approval. Staff is seeking 43approval for purchases already made and approval of what was planned in the short term, which 44was to continue to buy off the spot market, and by so, it will get us through the fiscal year. If the 45Board or Council does not want to go that route, the situation would be dealing with a vendor 46who was not honoring the contract and the City paying a price it does not want to pay. Staff was 47not advising to go out to bid because this is absolutely the worst possible time to do that. It may 48be possible that in another two months staff will come back to the Board for additional 49authorization. Draft Minutes of the Public Utilities Board meeting July 28, 2008 Page 2 of 3 1Chair Newell asked if Fisher felt reasonably confident that staff will be able to buy on the spot 2market. Fisher replied that was a concern. The City still has a contract with the vendor and it 3appears that this vendor’s supplies may not be as stable as some of his alternates. He is new 4vendor and had no control when Dow Chemical shut the plant down and conveniently declared 5force dejour stating that mechanical failure was beyond their control. Also, Homeland Security, 6and the focus on chlorine have hurt the caustic market because caustic soda and chlorine are 7produced together and if market is driving one and there is a surplus of the other one increased 8and the other went down and vice versa. Those trends do not seem to be happening now. Worse 9yet is if manufacturers can get rewarded by not producing and if one is a municipal tied to 10procurement laws and approval procedures that are not really timely then one is at a huge 11disadvantage in that situation. Board Member Grubbs what would be the situation in case of 12interruption of supplies. Fisher replied that currently there was a thirty day storage and that staff 13was making adjustments to operations. 14 15Board Member Cheek asked if the current ordinance allowed, if necessary, for an increase in 16rates and that Cheek assumed the increased costs were coming out of reserves. Fisher replied 17that the plant manager believes he can get through the end of the fiscal year with the existing 18budget. Fisher also stated he had not explored the ability to raise rates although he has seen 19other cities increase rates. Fisher stated that he assumed that if necessary a three percent rate 20increase would delay the use of reserves. 21 22Board Member Dick Smith stated that aside from the actual physical product delivery, there was 23also the issue of a contract and while it was unfortunate that this vendor seems to be caught 24between Dow Chemical and the users, there is a bid and a contract in place and a contract should 25be enforceable. Board Member Smith further stated that there has to be some action taken at 26some point regarding honoring the contract. Fisher replied that what Purchasing has done was to 27acknowledge the price increase but not necessarily support it. That protects the City’s option for 28a demand letter. The down side of that would be how much money is the City talking about with 29legal action; and, more importantly, is that the message the City wants to send to the vending 30community. There will be the perception that when the City goes out to rebid chemicals, and 31should the vendor not honor the contract, it will sue. The City might prevail in this one instance. 32 33Board Member Cheek stated that the current climate now is that everybody is scared; the payer, 34the seller, and if the government initiates a lawsuit on a contract there won’t be any work done. 35All will stop dealing with the City of Denton. That is how scare everybody is right now. Board 36Member Cheek stated that there have been lawsuits filed in other parts of the state and those 37communities now are not getting any work done. Nobody wants to be in that situation right now 38and the purchasing people are beginning to recognize that. Cheek stated that the product is just 39not available. 40 41Chair Newell stated that the recommendation was to validate the two emergency purchases 42already made and, because of the market’s volatility, to purchase through the spot market. 43 44Fisher then stated that he did not believe that this vendor was going to give the City a better 45option short term. 46 Draft Minutes of the Public Utilities Board meeting July 28, 2008 Page 3 of 3 1ACM Martin stated staff would continue to monitor this situation and bring back updates. 2 Board Member Bill Cheek moved to approve the two emergency purchase orders and to 3 continue purchasing from the spot market through the fiscal year with a second from 4 Board Member Bill Grubbs. The motion was approved by a 6-0 vote. 5 6 7The meeting was adjourned by consensus at 10: 32 a.m. 8 AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Vance Kemler 349-8044 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance approving Amendment No. 3 to the Professional Services Agreement by and between the City of Denton, Texas and R. W. Beck, Inc. to provide additional Landfill site; authorizing the expenditure of funds therefor in the amount of an additional $82,000 (for a grand total of $782,500); and providing an effective date. The Public Utilities Board recommends approval (6- 0). FILE INFORMATION Amendment No. 3 to the Professional Services Agreement with R.W. Beck, Inc. will provide for additional professional design and engineering services including the following: Minor permit modifications and one notice permit modification for future development of the Landfill, including enhanced leachate recirculation Design and construction documentation of the construction Cells 3A and 3B Feasibility evaluation of a Landfill lateral expansion Design and construc A detailed description of all tasks associated with the original R.W. Beck, Inc. professional services agreement and subsequent amendments is included in the attached Public Utilities Board Agenda Information Sheet (Exhibit 1). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its July 14, 2008 meeting. The original Professional Services Agreement in the amount of $141,200 was approved by Council on May 16, 2006. Amendment No. 1 in the amount of $524,300 was approved by Council on June 18, 2006. Amendment No. 2 in the amount of $35,000 was approved by the City Manager on November 17, 2006. Agenda Information Sheet August 5, 2008 Page 2 RECOMMENDATION Approve Amendment No. 3 to the Professional Services Agreement with R.W. Beck, Inc. in the amount of $82,000 for a total contract award of $782,500. PRINCIPAL PLACE OF BUSINESS R.W. Beck, Inc. Eagan, MN ESTIMATED SCHEDULE OF PROJECT The scope of services for this project is estimated to be completed by October 31, 2008. FISCAL INFORMATION Amendment No. 3 will be funded from account 660043589.1360.21100. EXHIBITS Exhibit 1: Public Utilities Board Agenda Information Sheet without Exhibits Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 3650 Exhibit 1 PUBLIC UTILITIES BOARD AGENDA ITEM #7 AGENDA INFORMATION SHEET AGENDA DATE: July 14, 2008 DEPARTMENT: Solid Waste Department ACM: Howard Martin, Utilities 349-8232 ______________________________________________________________________________ SUBJECT Consider recommending approval of Amendment No. 3 to the existing professional services agreement between RW Beck, Incorporated and the City of Denton, in the amount of $82,000, to provide professional engineering services to the City of Denton Solid Waste Department. BACKGROUND At their meeting of May 8, 2006, the Public Utilities Board (PUB) recommended approval of a professional services agreement with RW Beck, Incorporated to provide the professional services as stated in Tasks 1 3. The City Council approved the professional services agreement at their meeting of May 16, 2006. Task 1 - To conduct the engineering services project kickoff meeting, Task 2 - Task 3 - To project materials construction quantities, and to complete the engineering design of cells 3A 3D as a bio-tech landfill. To function as the site engineer during cell construction, and to work with the Texas Commission of Environmental Quality (TCEQ) toward permit approval. At the Public Utilities Board (PUB) meeting of July 10, 2006 the PUB recommended amending the professional services agreement, Amendment No. 1, between the City of Denton and RW Beck, Incorporated in order to provide additional design landfill for a total amount of $665,500. The City Council approved the professional services amendment at their meeting of July 18, 2006. The following engineering services tasks comprise Amendment No. 1, and are currently being provided to the City of Denton. Task 4 - To provide construction Quality Assurance and Quality Control (QAQC) during the construction and lining of cell 3A/3B. Task 5 To obtain landfill operating permit approval from the Texas Commission of Environmental Quality (TCEQ). Task 6 - To provide for long range master planning by determining the feasibility of a lateral landfill expansion. Task 7 Collection Station. Exhibit 1 AIS PUB Agenda Item #7 July 14, 2008 Page 2 of 4 The Solid Waste Department has worked for approximately the past ten years to find ways to Various methods o existing landfill through improved compaction, waste diversion and recycling, bioreactor technology, and deeper excavation. Approval of the existing landfill design was provided by the TCEQ in 1999. Landfill ground water information was not as well known at that time as it is today. Since 1999, the ground water levels recorded at the landfill have caused staff to recommend the landfill design depth be lowered. The existing design depths of Phases 3, 4, 5, and 6 have been lowered based on engineering design recommendations. The additional airspace gained from lowering the depth of the remaining phases is approximately 665,000 cubic yards. This represents approximately three additional years of landfill life based on current airspace consumption. The landfill height was lowered correspondingly in order to not increase the overall landfill airspace capacity. With no increase in landfill capacity, the redesign was processed by the TCEQ as a non-notification modification, which requires no public notification by the City of Denton. At some time in the future, the city should have the option to submit another landfill permit modification, anticipated to require public notification, to the TCEQ requesting additional height and increased capacity to the existing design. At that time height increases will be sought which To provide for the engineering and design services for lower cell design depths, the PUB recommended approval of Amendment No. 2 to the RW Beck engineering services agreement, at their meeting of Sept. 11, 2006, in the amount of $35,000, bringing the RW Beck professional services agreement total to $700,500. Engineering services Amendment No. 2 (Task 8) was approved by the City Manager. Task 8 To provide engineering, design, and TCEQ permitting services related to deeper design and excavation of landfill Phases 3 6. RW Beck has completed Task 8, and the City of Denton has obtained TCEQ landfill permit approval to provide deeper cell construction during the excavation of landfill Phases 3 6. RW Beck requested engineering services Amendment No. 3, totaling $82,000, on June 13, 2008. This amendment is to 1) the development of minor permit modifications and one notice permit modification for future development of the landfill, 2) to provide Cell 3A/3B design and construction documentation services for the cell construction 3) feasibility evaluation of the landfill lateral expansion, and 3) to provide design and construction documentation to the nvenience center. Cell 3A/3B construction was completed during April 2008, and the scale house construction began during June 2008. Exhibit 1 AIS PUB Agenda Item #7 July 14, 2008 Page 3 of 4 OPTIONS The Public Utilities Board may recommend the design and engineering tasks included within Amendment No. 3 be completed by RW Beck, Incorporated, or they may recommend the professional services not be provided. Staff views the professional services provided by RW Beck as being an integral service which impacts the quality of the capital projects the City receives at the completion of the construction process. Staff does not recommend that another engineering firm provide the professional design and engineering services requested within Amendment No. 3. Staff recommends that continuity in receiving professional services be maintained with RW Beck through to the completion of the construction project. RECOMMENDATION City staff recommends accepting the professional services proposal submitted by RW Beck, Incorporated for the engineering and design services listed in Amendment No. 3. PRIOR ACTION/REVIEW (Council, Boards, Commissions) PUB Council Engineering Services Agreement May 8, 2006 May 16, 2006 Amendment No. 1 (Tasks 4 7) July 10, 2006 July 18, 2006 Amendment No. 2 (Task 8) Sept. 11, 2006 NA FISCAL INFORMATION The engineering team led by RW Beck, Incorporated, and the City of Denton have negotiated fees totaling $700,500 for the provision of the engineering and professional services listed in Tasks 1 8 above. The request to fund the professional services requested in Amendment No. 3 total $82,000. Approval of Amendment No. 3 will bring the total professional services agreement to $782,500. The professional services are paid with Solid Waste bond funds, job cost account number 660043. BID INFORMATION Not Applicable. DATE SCHEDULED FOR COUNCIL APPROVAL August 5, 2008 EXHIBITS 1. RW Beck Letter of June 13, 2008 - Scope of Services for Amendment No. 3. 2. Amendment No. 3 to Professional Services Agreement for Architect or Engineer 3. Amendment No. 2 to Professional Services Agreement for Architect or Engineer 4. First Amendment to Professional Services Agreement for Architect or Engineer Exhibit 1 AIS PUB Agenda Item #7 July 14, 2008 Page 4 of 4 Respectfully submitted, A. Vance Kemler General Manager, Solid Waste Services ORDINANCE NO. 2008-________ AN ORDINANCE APPROVING AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND R. W. BECK, INC. TO PROVIDE ADDITIONAL PROFESSIONAL DESIGN AND ENGINEERING SITE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR IN THE AMOUNT OF AN ADDITIONAL $82,000 (FOR A GRAND TOTAL OF $782,500); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton desires to enter into an Amendment No. 3 to Professional Services Agradditional needed professional site, as described in the Amendment No. 3 to Professional Services Agreement which is attached hereto and made a part hereof as Exhibit WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-described specialized professional design and engineering services and that limited City staff cannot adequately perform the services and tasks with its own personnel; and professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications and for a fair and reasonable price; and WHEREAS, Beck has provided professional design and engineering services to the City in the past in a reliable and competent manner; and WHEREAS, the City Council finds that the Agreement is in the public interest and has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth in Exhibit A; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals and findings contained in the preamble of this Ordinance are incorporated into the body of this Ordinance. SECTION 2. The City Council hereby approves the Amendment No. 3 to Professional Services Agreement, attached as Exhibit A with R. W. Beck, Inc. for professional design and site for an additional $82,000 in fees and expenses (for a grand total of $782,500) and authorizes the City Manager, or his designee, to execute the Agreement on behalf of the City. SECTION 3. The award of the Agreement (Exhibit A) by the City is on the basis of demonstrated competence, knowledge and qualifications of the Beck and the ability of Beck to perform the professional services needed by the City for a fair and reasonable price. SECTION 4. The City Manager, or his designee, is authorized to exercise all rights and duties of the City of Denton under the Agreement and make the expenditures provided for in the Agreement. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of ____________, 2008. ______________________________ MARK BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _________________________________ APPROVED AS TO LEGAL FORM: JOHN M. KNIGHT, INTERIM CITY ATTORNEY By: _________________________________ Page 2 MINUTES PUBLIC UTILITIES BOARD July 14, 2008 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on Monday, July 14, 2008 at 9:02 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present : Chair Charldean Newell, Bill Cheek, Phil Gallivan, John Baines, Randy Robinson and Bill Grubbs Ex Officio Members: George C. Campbell, City Manager Howard Martin, ACM, Utilities Absent : Dick Smith, excused OPEN MEETING: ITEMS FOR INDIVIDUAL CONSIDERATION : 1) Consider recommending approval of Amendment No. 3 to the existing professional services agreement between RW Beck, Incorporated and the City of Denton, in the amount of $82,000, to provide professional engineering services to the City of Denton Solid Waste Department. ACM Martin called on Vance Kemler, General Manager, Solid Waste Services, to present the item. Kemler stated this item concerned major engineering services agreement with RW Beck. Beck is working with the City to do several projects with the solid waste department. Kemler stated that Amendment Three was for engineering work at a total cost of $82,000. That would cover additional costs of development of minor permit modifications and one notice permit modification for future development of the landfill, costs associated with construction projects at the bio-tech landfill due to contractor delays associated with weather, evaluation of the feasibility of landfill lateral expansion, and design and construction documentation to the c center, making it into a multi-purpose site for processing and separating out recycles. Board Member Gallivan asked if the city had all permits. Kemler replied it did not, but had received several smaller ones. The largest and most important permit was the biotechnology permit which would expand the life of the landfill, and that permit involved environmental features and takes time to work through the TCEQ. Board Member Cheek asked if all of the cost overruns were for engineering services. Kemler replied there were and that most were beyond the scope of the original agreement. Board Member John Baines moved to approve Item 6 with a second from Board Member Randy Robinson. The motion was approved by a 6-0 vote. Minutes of the Public Utilities Board Agenda July 14, 2008 Page 2 of 2 The meeting was adjourned by consensus at 11:26 a.m. AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams349-8487 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a second amendment to a Professional Services Agreement with R. J. Covington Consulting, LLC for further consulting services relating to Task Orders No. 07-D and 07-F, by approving further Task Order No. 08-A, providing for continuing regulatory and -changing developments that directly affect Denton Municipal Electric, and other relevant issues that arise in the various rule-makings and proceedings, and to keep DME staff informed of the status of these matters and to alert Denton Municipal Electric regarding any issues that may affect the ability of Denton Municipal Electric to serve its customers in a cost-effective and competitive manner, and other related professional services; authorizing the expenditure of funds therefor; and providing an effective date (Task Order No.08-AAn additional sum of $40,000, and when totaled with the Task Orders 07-D and 07-F, which total $100,000for a grand total of $140,000). The Public Utilities Board recommends approval (6-0). FILEINFORMATION This amendment is for professional consulting services pertaining to assisting Denton Municipal Electric (DME) in continuing existing monitoring activities at the Electric Reliability Council of Texas (ERCOT) related to transition to a Nodal Market design in the Texas electric market.A complete description of the scope of services for this amendment is included in the attached Public Utilities Board Agenda Information Sheet (Exhibit 1). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approvedthis item at its July 14, 2008 meeting. The original Professional Services Agreement for Task Order 07-D in an amount not to exceed $80,000 was approved by the City Councilon July 17, 2008. The FirstAmendment to this Agreement for Task Order 07-F in an amount not to exceed $20,000 was approved by the City Manager on January 9, 2008. RECOMMENDATION Approve Task Order No. 08-A in the amount of $40,000 for a total award to R.J. Covington Consulting, LLC in the amount of $140,000. Agenda Information Sheet August 5, 2008 Page 2 PRINCIPAL PLACE OF BUSINESS R.J. Covington Consulting, LLC Austin, TX ESTIMATED SCHEDULE OF PROJECT The termination date of the Agreement will be upon the earliest to occur of the following events: completion of the work described herein in Task Order 08-A, as well as in Task Orders No. 07-D and No. 07-F; or upon the depletion of the total $140,000 not to exceed amount. FISCAL INFORMATION This item will be funded from account 600001.7854. EXHIBITS Exhibit 1:Public Utilities Board Agenda Information Sheet without Exhibits Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File3950 Exhibit 1 PUBLIC UTILITIES BOARD AGENDA ITEM #3 AGENDA INFORMATION SHEET AGENDA DATE: July 14, 2008 DEPARTMENT: Utilities UTILITIES ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT: Consider recommending approval of Task Order 08-A, Nodal Market Transition, of the Professional Services Agreement between City of Denton and R. J. Covington Consulting (RJC) for an amount not to exceed $40,000. BACKGROUND: RJC will participate in ERCOT committees and working groups, as directed by DME staff, to electric market and the future nodal market. While the nodal market is being developed and implemented, there may be overlapping issues that impact the current market structure. RJC will focus on all issues that may disadvantage DME either through changes to the current market odal protocols. RJC will watch for changes or limitations in the implementation in either existing or new protocols that may disadvantage DME. In addition to working on ERCOT activities, RJC will assist DME staff in beginning to prepare DME for the new nodal market. This will include review of the future needs of DME in order to successfully operate in the new market structure being implemented in ERCOT. The needs assessment includes consideration of how to minimize locational marginal prices, risk management techniques to minimize exposure to congestion costs, how to maximize the value of activities needed to be successful in the new nodal market environment. The nodal market that was originally targeted to begin January 2009 has now been postponed, probably until mid 2009. Because of the uncertainty regarding utility requirements to meet the requirements of the nodal market when implemented, additional funding may be required to complete this work. RJC will focus on the issues that are important to DME in order to work effectively and efficiently to help control budget. RJC will keep the Director of Power Supply informed of the status of the budget, and work may be stopped at any time by notification by the Director of Power Supply to RJC to cease work. OPTIONS: 1. RECOMMENDATION: DME staff recommends approval of the Task Order 08-A. Exhibit 1 AIS PUB Agenda Item #3 July 14, 2008 Page 2 of 2 PRIOR ACTION/REVIEW (Council, Boards, Commissions): None. FISCAL INFORMATION: This cost of the Task Order is not to exceed $40,000. DATE SCHEDULED FOR COUNCIL APPROVAL: July 15, 2008 EXHIBITS: Task Order 08-A Nodal Market Transition Respectfully submitted, Phil Williams, General Manager Denton Municipal Electric Prepared by: Mike Grim, Director, Power Supply Denton Municipal Electric ORDINANCE NO. 2008-________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH R. J. COVINGTON CONSULTING, LLC FOR FURTHER CONSULTING SERVICES RELATING TO TASK ORDERS NO. 07-D AND 07-F, BY APPROVING FURTHER TASK ORDER NO. 08-A, PROVIDING FOR CONTINUING REGULATORY AND PROFESSIONAL SERVICES AT THE ELECTRIC RELIABILITY COUNCIL OF TEXAS RELATED TO NODAL MARKET TRANSITION AND EVER-CHANGING DEVELOPMENTS THAT DIRECTLY AFFECT DENTON MUNICIPAL ELECTRIC, AND OTHER RELEVANT ISSUES THAT ARISE IN THE VARIOUS RULE-MAKINGS AND PROCEEDINGS, AND TO KEEP DME STAFF INFORMED OF THE STATUS OF THESE MATTERS AND TO ALERT DENTON MUNICIPAL ELECTRIC REGARDING ANY ISSUES THAT MAY AFFECT THE ABILITY OF DENTON MUNICIPAL ELECTRIC TO SERVE ITS CUSTOMERS IN A COST- EFFECTIVE AND COMPETITIVE MANNER, AND OTHER RELATED PROFESSIONAL SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (TASK ORDER NO, 08-A AN ADDITIONAL SUM OF $40,000, AND WHEN TOTALED WITH THE TASK ORDERS 07-D AND 07-F, WHICH TOTAL $100,000 FOR A GRAND TOTAL OF $140,000). WHEREAS, the City Council deems it in the public interest to continue to engage the professional consulting services to the City relating to Task Orders No. 07-D and No. 07-F totaling $100,000; for an additional not-to-exceed $40,000, which includes, without limitation, continued professional and regulatory services at the Electric Reliability Council of Texas and the Public Utilities Commission related to ever changing developmen services to keep DME staff informed of the status of the proceedings; and services that will alert DME staff of any issues that may affect the ability of DME to serve its customers in a cost-effective and competitive manner; and for other professional services; and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-described specialized continued professional services, that limited City staff cannot adequately perform the services and tasks with its own personnel, and that the nexus of ; and WHEREAS, Chapter 2254 of the Texas Government Code, known as professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and 1 WHEREAS, Covington has represented DME continuously and professionally over the last eleven (11) years, and has proven to be a valuable, reliable, affordable, and competent professional resource that has expertise in, and is well-acquainted with the electric operations as well as the financial and regulatory framework of Denton Municipal Electric. Covington and his staff are particularly familiar with the characteristics, operations, and present rate structure of DME. offices are located in Austin, Texas; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth in the Professional Services Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: The City Manager is hereby authorized to execute a Second Amendment to Professional Services Agreement with R. J. Covington Consulting, LLC of Austin, Texas, for professional consulting services relating to Task Order No. 08-A relating to the City and to Denton Municipal Electric, in the further amount not-to-exceed an additional not-to-exceed $40,000, totaling $140,000; in substantially the form of the Professional Services Agreement that SECTION 2: The award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of Covington and the ability of Covington to perform the professional services needed by the City for a fair and reasonable price. SECTION 3: The expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. SECTION 4: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of ___________________, 2008. _______________________________ MARK BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ 2 APPROVED AS TO LEGAL FORM: JOHN KNIGHT, INTERIM CITY ATTORNEY By: __________________________________ 3 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 July 14, 2008 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 7 Monday, July 14, 2008 at 9:02 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 Present 10 : Chair Charldean Newell, Bill Cheek, Phil Gallivan, John Baines, Randy Robinson 11 and Bill Grubbs 12 13 Ex Officio Members: 14 George C. Campbell, City Manager 15 Howard Martin, ACM, Utilities 16 Absent 17 : Dick Smith, excused 18 OPEN MEETING: 19 20 ITEMS FOR INDIVIDUAL CONSIDERATION 21 : 22 23 3) Consider recommending approval of Task Order 08-B, Regulatory Services, of the 24 Professional Services Agreement between City of Denton and R. J. Covington Consulting 25 (RJC) for an amount not to exceed $40,000. 26 27 Howard Martin, ACM Utilities, called on Phil Williams, General Manager, DME, to present 28 Items 3 and 4 together. Williams presented Item 3 first, stating that the nodal market was 29 suppose to open effective December 1, 2008, but ERCOT has announced a delay of opening the 30 nodal market and another delay because the software has not been delivered on time. ERCOT is 31 waiting to see how the process will evolve. What staff is concerned about is that changes may 32 be made to the protocols previously agreed to that could require additional funding. Because 33 ERCOT is located in Austin, Texas and staff cannot be present all of the time, Covington will 34 monitor for changes or limitations in the implementation of either existing or new protocols that 35 might disadvantage DME. 36 37 Williams next stated that Item 4 was a similar situation with the Public Utilities Commission of 38 Texas (PUCT). PUCT is currently hearing a number of various rulemakings and contested case 39 hearings that will have significant impacts on ERCOT transmission rates paid by DME. 40 Covington is working with DME staff and legal counsel representing DME interests in these 41 proceedings to insure that transmission rates in ERCOT remain reasonable in spite of proposed 42 transmission system expansions. 43 Board Member Randy Robinson moved to approve Item 3 with a second from Board 44 Member Phil Gallivan. The motion was approved by a 6-0 vote. 45 46 Board Member John Baines moved to approved Item 4 with a second from Board Member 47 Bill Grubbs. The motion was approved by a 6-0 vote. 48 49 50 The meeting was adjourned by consensus at 11:26 a.m. AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams 349-8487 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a first amendment to a Professional Services Agreement with R. J. Covington Consulting, LLC for further consulting services relating to Task Orders No. 07-C, by approving further Task Order No. 08-B, providing for continuing regulatory and professional e Public Utilities development of additional transmission facilities, to deliver wind power to ERCOT markets, the inclusion of new service territories into ERCOT that might significantly affect transmission costs, and other related professional services; and to keep DME staff informed of the status of these matters and to alert Denton Municipal Electric regarding any issues that may affect the ability of Denton Municipal Electric to serve its customers in a cost-effective and competitive manner, and other related professional services; authorizing the expenditure of funds therefor; and providing an effective date (Task Order No. 08-BAn additional sum of not-to-exceed $40,000, and when totaled with related Task Order 07-C, totals $120,000). The Public Utilities Board recommends approval (6-0). FILE INFORMATION The Public Utilities Commission of Texas has been actively hearing a number of various rulemakings and contested case hearings that will have significant impacts on Electric Reliability Covington Consulting, LLC is currently working with DME staff and legal counsel representing DME interests in these proceedings to insure that transmission rates in ERCOT remain reasonable in spite of the proposed transmission system expansions. Task Order 08-B allows mation that is needed to keep up with activities at the PUCT and the Electric Reliability Council of Texas in the attached Public Utilities Board Agenda Information Sheet (Exhibit 1). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its July 14, 2008 meeting. The original Professional Services Agreement for Task Order 07-C in an amount not to exceed $80,000 was approved by the City Council on July 17, 2008. Agenda Information Sheet August 5, 2008 Page 2 RECOMMENDATION Approve Task Order No. 08-B in the amount of $40,000 for a total award to R.J. Covington Consulting, LLC in the amount of $120,000. PRINCIPAL PLACE OF BUSINESS R.J. Covington Consulting, LLC Austin, TX ESTIMATED SCHEDULE OF PROJECT The termination date of the Agreement will be upon the earliest to occur of the following events: completion of the work described herein in Task Order 08-B, as well as in Task Order No. 07-C; or upon the depletion of the total $120,000 not to exceed amount. FISCAL INFORMATION This item will be funded from account 600001.7854. EXHIBITS Exhibit 1: Public Utilities Board Agenda Information Sheet without Exhibits Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-3836 Exhibit 1 PUBLIC UTILITIES BOARD AGENDA ITEM #4 AGENDA INFORMATION SHEET AGENDA DATE: July 14, 2008 DEPARTMENT: Utilities UTILITIES ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT: Consider recommending approval of Task Order 08-B, Regulatory Services, of the Professional Services Agreement between City of Denton and R. J. Covington Consulting (RJC) for an amount not to exceed $40,000. BACKGROUND: The PUCT has been actively hearing a number of various rulemakings and contested case hearings that will have significant impacts on ERCOT transmission rates paid by DME and RJC is currently working with DME staff and legal counsel representing DME interests in these proceedings to insure that transmission rates in ERCOT remain reasonable in spite of the proposed transmission system expansions. Current proceedings may result in transmission costs that are twice as high as current costs to load serving entities. Future proceedings are anticipated to address assigning priority dispatch to wind generators, a concept that runs entirely counter to the current method of operating the ERCOT transmission system, where all transmission system users have equal access to capacity. Expansion of this doctrine, should it be established in these proceedings, may have detrimental impacts on the future value of DME owned generation. Additionally, the PUCT is considering expanding the ERCOT footprint by incorporating non- ERCOT Texas utilities into ERCOT. RJC has been assisting DME staff and legal counsel in DME interventions in these proceedings. To date, RJC has discovered that while it appears that these efforts may improve costs for the customers being incorporated into ERCOT, these new customer benefits come by imposing additional costs on existing ERCOT customers, such as DME. Task Order 08- to keep track of the vast amount of information that is needed to keep up with activities at the ongoing activities at the PUCT and ERCOT, RJC is a resource providing extensive regulatory Task Order No. 08-B addresses regulatory issues at the PUCT. Market issues at ERCOT are provided for in a separate task order (No. 08-A). All work performed at the PUCT is conducted under the direction of the Director of Electric Utilities. OPTIONS: 1. 1 Exhibit 1 AIS PUB Agenda Item #4 July 14, 2008 Page 2 of 2 RECOMMENDATION: DME staff recommends approval of the Task Order 08-B. PRIOR ACTION/REVIEW (Council, Boards, Commissions): None. FISCAL INFORMATION: This cost of the Task Order is not to exceed $40,000. DATE SCHEDULED FOR COUNCIL APPROVAL: July 15, 2008 EXHIBITS: 1. Task Order 08-B Regulatory Services Respectfully submitted, Phil Williams, General Manager Denton Municipal Electric Prepared by: Mike Grim, Director, Power Supply Denton Municipal Electric 2 ORDINANCE NO. 2008-________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH R. J. COVINGTON CONSULTING, LLC FOR FURTHER CONSULTING SERVICES RELATING TO TASK ORDERS NO. 07-C, BY APPROVING FURTHER TASK ORDER NO. 08-B, PROVIDING FOR CONTINUING REGULATORY AND PROFESSIONAL SERVICES AT THE ELECTRIC RELIABILITY COUNCIL OF TEXAS RELATED TO IMPLEMENTATION OF THE NODAL MARKET DESIGN, THE DEVELOPMENT OF ADDITIONAL TRANSMISSION FACILITIES, TO DELIVER WIND POWER TO ERCOT MARKETS, THE INCLUSION OF NEW SERVICE TERRITORIES INTO ERCOT THAT MIGHT SIGNIFICANTLY AFFECT TRANSMISSION COSTS, AND OTHER RELATED PROFESSIONAL SERVICES; AND TO KEEP DME STAFF INFORMED OF THE STATUS OF THESE MATTERS AND TO ALERT DENTON MUNICIPAL ELECTRIC REGARDING ANY ISSUES THAT MAY AFFECT THE ABILITY OF DENTON MUNICIPAL ELECTRIC TO SERVE ITS CUSTOMERS IN A COST- EFFECTIVE AND COMPETITIVE MANNER, AND OTHER RELATED PROFESSIONAL SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (TASK ORDER NO. 08-B AN ADDITIONAL SUM OF NOT-TO-EXCEED $40,000, AND WHEN TOTALED WITH RELATED TASK ORDER 07-C, TOTALS $120,000). WHEREAS, the City Council deems it in the public interest to continue to engage the professional consulting services to the City relating to Task Order No. 07-C totaling $80,000; for an additional not-to-exceed $40,000, which includes, without limitation, continued professional and regulatory services and the Public Utilities Commission of Texas related to those matters set forth with more particularity in Task Order No. 08-B; and for other professional services; and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-described specialized continued professional services, that limited City staff cannot adequately perform the services and tasks with its own personnel, and that the nexus of ; and WHEREAS, Chapter 2254 of the Texas Gov professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and WHEREAS, Covington has represented DME continuously and professionally over the last eleven (11) years, and has proven to be a valuable, reliable, affordable, and competent professional resource that has expertise in, and is well-acquainted with the electric operations as 1 well as the financial and regulatory framework of Denton Municipal Electric. Covington and his staff are particularly familiar with the characteristics, operations, and present rate structure of DME. offices are located in Austin, Texas; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth in the Professional Services Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: The City Manager is hereby authorized to execute a First Amendment to Professional Services Agreement with R. J. Covington Consulting, LLC of Austin, Texas, for professional consulting services relating to Task Order No. 08-B relating to the City and to Denton Municipal Electric, in the further amount of not-to-exceed $40,000, totaling $120,000 regarding Task Order No. 07-C and Task Order No. 08-B; in substantially the form of the Professional Services Agreement that is attached hereto and incorporated herewith by reference SECTION 2: The award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of Covington and the ability of Covington to perform the professional services needed by the City for a fair and reasonable price. SECTION 3: The expenditure of funds as provided in the attached First Amendment to Professional Services Agreement is hereby authorized. SECTION 4: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of ___________________, 2008. _______________________________ MARK BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ 2 APPROVED AS TO LEGAL FORM: JOHN KNIGHT, INTERIM CITY ATTORNEY By: __________________________________ 3 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 July 14, 2008 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 7 Monday, July 14, 2008 at 9:02 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 Present 10 : Chair Charldean Newell, Bill Cheek, Phil Gallivan, John Baines, Randy Robinson 11 and Bill Grubbs 12 13 Ex Officio Members: 14 George C. Campbell, City Manager 15 Howard Martin, ACM, Utilities 16 Absent 17 : Dick Smith, excused 18 OPEN MEETING: 19 20 ITEMS FOR INDIVIDUAL CONSIDERATION 21 : 22 23 3) Consider recommending approval of Task Order 08-B, Regulatory Services, of the 24 Professional Services Agreement between City of Denton and R. J. Covington Consulting 25 (RJC) for an amount not to exceed $40,000. 26 27 Howard Martin, ACM Utilities, called on Phil Williams, General Manager, DME, to present 28 Items 3 and 4 together. Williams presented Item 3 first, stating that the nodal market was 29 suppose to open effective December 1, 2008, but ERCOT has announced a delay of opening the 30 nodal market and another delay because the software has not been delivered on time. ERCOT is 31 waiting to see how the process will evolve. What staff is concerned about is that changes may 32 be made to the protocols previously agreed to that could require additional funding. Because 33 ERCOT is located in Austin, Texas and staff cannot be present all of the time, Covington will 34 monitor for changes or limitations in the implementation of either existing or new protocols that 35 might disadvantage DME. 36 37 Williams next stated that Item 4 was a similar situation with the Public Utilities Commission of 38 Texas (PUCT). PUCT is currently hearing a number of various rulemakings and contested case 39 hearings that will have significant impacts on ERCOT transmission rates paid by DME. 40 Covington is working with DME staff and legal counsel representing DME interests in these 41 proceedings to insure that transmission rates in ERCOT remain reasonable in spite of proposed 42 transmission system expansions. 43 Board Member Randy Robinson moved to approve Item 3 with a second from Board 44 Member Phil Gallivan. The motion was approved by a 6-0 vote. 45 46 Board Member John Baines moved to approved Item 4 with a second from Board Member 47 Bill Grubbs. The motion was approved by a 6-0 vote. 48 49 50 The meeting was adjourned by consensus at 11:26 a.m. AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Jim Coulter 349-7194 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Bioxide for the City of Denton Wastewater Department, which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4102-to Siemens Water Technologies Corp. in the amount of $2.04/gallon for an annual estimated amount of $75,000). (The Public Utilities Board approved this item by a vote of (6-0). FILE INFORMATION Bioxide is used by the Wastewater Department to retard the generation of odors in the collection system from the operation of the Hickory Creek, Denton West, and Hobson wastewater pumping stations. At the beginning of this fiscal year, a purchase order was issued to Siemens Water Technologies Corp. in the amount of $50,000 for supplying Bioxide. Through June 17, 2008, the Wastewater Department had purchased $45,680 worth of Bioxide. The cost to purchase another shipment of Bioxide to maintain the requisite inventory level would exceed the amount of the purchase order issued. Therefore, the Wastewater Department is requesting the approval of an additional $25,000 to purchase the Bioxide for a total purchase order amount of $75,000. Since this is a sole source item that exceeds $50,000, Council approval is required. Chapter 252 of the Texas Local Government Code exempts from the competitive bid process, those supplies and resources protected by copyright or patent and available from only one source. Siemens Water Technologies Corp. is the sole source vendor for Bioxide. A sole source letter verifying the patent numbers held by Siemens is included as Exhibit 1. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its July 28, 2008. RECOMMENDATION Approve the purchase of Bioxide from Siemens Water Technologies Corp. in the amount of $2.04/gallon for an annual estimated award amount of $75,000. Agenda Information Sheet August 5, 2008 Page 2 PRINCIPAL PLACE OF BUSINESS Siemens Water Technologies Corp. Sarasota, FL ESTIMATED SCHEDULE OF PROJECT This annual estimated amount will cover the remainder of this fiscal year through September 30, 2008. A new purchase order will be issued for the 2008-09 fiscal year. FISCAL INFORMATION This purchase will be funded from account 640100.6334. EXHIBITS Exhibit 1: Sole Source Letter from Siemens Water Technologies Corp. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4102 Exhibit 1 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF BIOXIDE FOR THE CITY OF DENTON WASTEWATER DEPARTMENT, WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PERTINENT PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 4102-TO SIEMENS WATER TECHNOLOGIES CORP. IN THE AMOUNT OF $2.04/GALLON FOR AN ANNUAL ESTIMATED AMOUNT OF $75,000). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 4102 Siemens Water Technologies, Inc. $2.04/gallon SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ____________, 2008. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: JOHN M. KNIGHT, INTERIM CITY ATTORNEY BY: _________________________________ 3-ORD-File 4102 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 July 28, 2008 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 7 Monday, July 28, 2008 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 Present: 10 Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson 11 and Bill Grubbs 12 13 Ex Officio Members: 14 George C. Campbell, City Manager 15 Howard Martin, ACM Utilities 16 Absent 17 : John Baines, excused 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 22 23 has had an opportunity to raise questions regarding these items prior to consideration. 24 25 4) Consider recommending adoption of an Ordinance of the City of Denton, Texas providing 26 for, authorizing, and approving the expenditure of funds for the purchase of Bioxide for the 27 City of Denton Wastewater Department, which is available from only one source in 28 accordance with the pertinent provisions of Chapter 252 of the Texas Local Government 29 Code exempting such purchases from the requirements of competitive bidding; and providing 30 an effective date (File 4102-to Siemens Water Technologies Corp. in the amount of 31 $2.04/gallon for an annual estimated amount of $75,000). 32 Board Member Phil Gallivan moved to approve Item 4 with a second from Board Member 33 Bill Cheek. The motion was approved by a 6-0 vote. 34 35 36 The meeting was adjourned by consensus at 10: 32 a.m. 37 AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams 349-8487 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of galvanized steel transmission poles for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4071-Purchase of Galvanized Steel Transmission Poles awarded to Valmont-Newmark in the amount of $3,061,079). (The Public Utilities Board approved this item by a vote of (6-0). BID INFORMATION This bid is for the purchase of 144 galvanized steel transmission poles for five transmission line construction projects for Denton Municipal Electric. A description of each project is included in the attached Public Utilities Board Agenda Information Sheet (Exhibit 1). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its July 28, 2008 meeting. RECOMMENDATION Award to Valmont-Newmark in the amount of $3,061,079. PRINCIPAL PLACE OF BUSINESS Valmont-Newmark Mansfield, Texas ESTIMATED SCHEDULE OF PROJECT Construction of the transmission lines is scheduled to begin by late October 2008 with the last project estimated to be completed by spring 2010. FISCAL INFORMATION The poles will be funded with bond funds as needed for each project. Bond fund account numbers that will be used are 600129488, 600130489, 600774489, 600775489, and 601124489. Agenda Information Sheet August 5, 2008 Page 2 EXHIBITS Exhibit 1: Public Utilities Board Agenda Sheet without Exhibits Exhibit 2: Bid Tabulation Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 4071 PUB AGENDA ITEM # PUBLIC UTILITIES BOARD AGENDA INFORMATION SHEET AGENDA DATE: July 28, 2008 DEPARTMENT: Utilities UTILITIES ACM: Howard Martin, 349-8232 ________________________________________________________________________ SUBJECT: Consider recommending approval of Bid #4071 and awarding the purchase for galvanized steel transmission poles to Valmont-Newmark, Mansfield, Texas in the expenditure amount of $3,061,079. BACKGROUND: Denton Municipal Electric (DME) is undertaking five transmission line construction projects for which galvanized steel transmission poles must be purchased. The projects are: Project 14: Hickory Substation to US 380 69kV Transmission Line (30 poles, 1.21 miles) Project 15: Replace Five Poles in the Hickory to Locust 69kV Transmission Line (5 poles. 025 miles) Project 16: RD Wells Interchange to Hickory Substation 69kV Transmission Line (33 poles, 1.72 miles) Project 17: Denton West Interchange to RD Wells Interchange 138kV Transmission Line (67 poles, 4.47 miles) Project 18: Denton West Interchange to Denton North Interchange 138kV Transmission Line (9 poles, 0.66 miles) All five of these projects have been approved as a part of the CIP. A project location map has been included as Exhibit 1. Project 14 is for reconstruction of the south half of the 69kV transmission line from Hickory Substation to North Lakes Substation and is being undertaken because of age, the need to increase line capacity to meet ERCOT performance criteria, and to construct the tie-in to the new Bonnie Brae Substation. The north half of the line was reconstructed in May 2003 after nearly all of the poles from near University to North Lakes Substation were broken in a wind storm. This project is for construction of the section from the Hickory Substation north to the third structure north of US380/University Drive. Project 15 is for replacement of five poles in the Hickory Substation to Locust Substation 69kV transmission line to replace aging structures and move one structure further east at the intersection of Bonnie Brae and Stella. Projects 16, 17, and 18 are required to provide the transmission line construction necessary to serve the new RD Wells Interchange and Substation and to provide a third transmission source into the existing 69kV transmission loop at the Hickory Substation. With this third source of power, any two of the three sources for the 69kV transmission loop will be capable of carrying the entire 69kV summer peak load. The 138kV to 69kV step-down transformer will be located in the RD Wells Interchange. There will also be three 138kV to 13.2/7.62kV, 25 megawatt distribution power transformers in this station. Project 16 is for construction of a new transmission line from the RD Wells Interchange to the Hickory Substation. Project 17 is for construction of a new 138kV transmission line from the Denton West Interchange to the new RD Wells Interchange. Project 18 is a new line section being constructed to move the Denton North transmission line off of existing double circuit structures for the first half mile out of Denton West and reconfigure the transmission lines around the station to allow the RD Wells transmission line and other future lines to be constructed into the station. This project is being done for TMPA, and DME will be reimbursed for the work. Exhibit 3 contains two drawings showing the existing and planned arrangements near the Denton West Interchange. All transmission lines will be constructed as 138kV even though projects 14, 15, and 16 will be operated at 69kV. This provides better lightning performance and will facilitate conversion to 138kV in the future for lines that should be in place for 50 years or more. The total number of galvanized steel structures required for the five projects is 144. Standard City of Denton purchasing procedures were used, and bid packages were provided to 18 prospective bidders. Bids were received from four vendors. The bids are summarized in Exhibit 2. Other pertinent information is included in the summary. OPTIONS: 1. Recommend approval of the purchase of galvanized steel poles. 2. Not recommend approval of the proposed agreement and instruct other actions to be taken. RECOMMENDATION: DME recommends approval of Bid #4107 from Valmont-Newmark in the amount of $3,061,079 for purchase of galvanized steel transmission poles. ESTIMATED SCHEDULE OF PROJECT: Construction of the transmission lines is scheduled to begin by late October. Completion will likely be in the spring of 2010. Projects 14 and 15 must be completed in the lower load times of the year (generally late October through March). The need to complete projects 16, 17, and 18 before May 2009 in order to get the RD Wells Interchange and Substation on line will likely ed with work on Project 14 until at least late October 2009. PRIOR ACTION/REVIEW (Council, Boards, Commissions): None FISCAL INFORMATION: The total expenditure for galvanized steel poles will be $3,061,079. The projects will be funded with bond funds as accumulated to the five project accounts 600129488, 600130489, 600774489, 600775489, and 601124489. TMPA will provide reimbursement for Project 18. BID INFORMATION: The bid information is summarized in Exhibit 2. DATE SCHEDULED FOR COUNCIL APPROVAL: August 5, 2008 EXHIBITS: 1. Project Location Map 2. Summary and Evaluation of Bid #4071 3. Denton West Circuit Layouts Respectfully submitted: ____________________________________ Phil Williams General Manager of Electric Utilities Denton Municipal Electric Prepared by: _____________________________________________ Chuck Sears Engineering Division Manager Denton Municipal Electric Exhibit 2 Þ×Ü ý ìðéï ÜßÌÛæ Ö«´§ èô îððè Ù¿´ª¿²·¦»¼ Í¬»»´ Ì®¿²³··±² Ð±´» ×ÌÛÓÜÛÍÝÎ×ÐÌ×ÑÒÊÛÒÜÑÎÊÛÒÜÑÎÊÛÒÜÑÎÊÛÒÜÑÎ Ê¿´³±²¬ Ü·¬®¿² Í¬»»´ Ì¸±³¿ ú ÚÉÌô ×²½ò Ò»©³¿®µÐ±´»ô ÔÔÝÞ»¬¬ Ú±®¬ É±®¬¸ô Ð®·²½·°´» Ð´¿½» ±º Þ«·²»æ Ó¿²º·»´¼ô ÌÈÐ·²»ª·´´»ô ÔßÓ»³°¸·ô ÌÒ ÌÈ Ê¿´³±²¬ Ü·¬®¿² Í¬»»´ ïòÒ¿³» ±º º¿¾®·½¿¬±®ÚÉÌô ×²½òÒ»©³¿®µô Ì¸±³¿ ú Þ»¬¬ Ð±´»ô ÔÔÝ Ë¬·´·¬§ Ü·ª··±² îòÔ±½¿¬·±² ±º ³¿²«º¿½¬«®·²¹ º¿½·´·¬§Ú±®¬ É±®¬¸ô ÌÈÓ¿²º·»´¼ô ÌÈÐ·²»ª·´´»ô ÔßÙ¿¼¼»²ô ßÔ íòÞ·¼ «³³¿®§ Ì±¬¿´ ø¿´´ °®±¶»½¬ô ¬¿²¼¿®¼ ¼»´·ª»®§÷üíôìððôèïíüíôðêïôðéçüëôíçîôêîêüíôçççôìëë Ì±¬¿´ ø¿´´ °®±¶»½¬ ·º ¼»´·ª»®»¼ ¾§ ïîñïîñðè÷üíôìððôèïíüíôìëïôêììüëôíçîôêîêüíôçççôìëë Þ·¼ Þ±²¼Ç»Ç»Ç»Ç» ß¼¼»²¼«³ ýïÒ±Ç»Ç»Ò± Page 1 ORDINANCE NO. __________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF GALVANIZED STEEL TRANSMISSION POLES FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4071-PURCHASE OF GALVANIZED STEEL TRANSMISSION POLES AWARDED TO VALMONT-NEWMARK IN THE AMOUNT OF $3,061,079). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 4071 Valmont-Newmark $3,061,079 SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2008. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: JOHN M. KNIGHT, INTERIM CITY ATTORNEY BY: _________________________________ 3-ORD-4071 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 July 28, 2008 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 7 Monday, July 28, 2008 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 Present: 10 Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson 11 and Bill Grubbs 12 13 Ex Officio Members: 14 George C. Campbell, City Manager 15 Howard Martin, ACM Utilities 16 Absent 17 : John Baines, excused 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 22 23 has had an opportunity to raise questions regarding these items prior to consideration. 24 25 2)Consider recommending approval of Bid #4071 and awarding the purchase for galvanized 26 steel transmission poles to Valmont-Newmark, Mansfield, Texas in the expenditure amount 27 of $3,137,859. 28 Board Member Phil Gallivan moved to approve Item 2 with a second from Board Member 29 Bill Cheek. The motion was approved by a 6-0 vote. 30 31 32 The meeting was adjourned by consensus at 10: 32 a.m. 33 AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams 349-8487 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of galvanized steel structures for RD Wells Interchange; providing for the expenditure of funds therefor; and providing an effective date (Bid 4078-Purchase of Galvanized Steel Structures awarded to Parks Metal Fabricators, Inc. in the amount of $267,523 and Dis-Tran Steel Fabrication, LLC in the amount of $67,260 for a total bid award of $334, 783). (The Public Utilities Board approved this item by a vote of (6-0). BID INFORMATION RD Wells Interchange is an approved CIP project that will supply electric power to several large industrial and commercial customers located on the west side of Denton. It will also provide a third transmission source into the existing 69kV transmission loop at the Hickory Substation. With this third source of power, any two of the three sources for the 69kV transmission loop will be capable of carrying the entire 69kV summer peak load. Galvanized steel structures are required to construct the station. The bid was arranged in separate groups consisting of A-frames, mast structures and all other structures to allow vendors to bid on any or all of the groups. Denton Municipal Electric recommends awarding the tapered tubular static mast structures to Dis-Tran Steel Fabricators and awarding all other steel structures to Parks Metal Fabricators, Inc. Steel fabricators typically fall into one of two groups and manufacture either tapered tubular type structures or I-Beam and square tube type structures. There are few manufacturers who do both; therefore, since the RD Wells interchange requires both types of structures, it will be necessary to award this bid to two steel manufacturers. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its July 28, 2008 meeting. RECOMMENDATION Award the purchase of tapered tubular static mast structures to Dis-Tran Steel Fabricators in the amount of $67,260 and all other steel structures to Parks Metal Fabricators, Inc. in the amount of $267, 523 for a total award of $334, 783. Agenda Information Sheet August 5, 2008 Page 2 PRINCIPAL PLACE OF BUSINESS Dis-Tran Steel Fabrication, LLC Parks Metal Fabricators, Inc. Pineville, LA Wake Village, TX ESTIMATED SCHEDULE OF PROJECT The purchase of the steel structures will be made upon Council approval with an estimated project completion date of April 2009. FISCAL INFORMATION This item will be funded from account 600005488.1350.3530. Requisitions 88420 and 88417 have been entered in the Purchasing software system. EXHIBITS Exhibit 1: Bid Tabulation Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 4078 ORDINANCE NO. __________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF GALVANIZED STEEL STRUCTURES FOR RD WELLS INTERCHANGE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4078-PURCHASE OF GALVANIZED STEEL STRUCTURES AWARDED TO PARKS METAL FABRICATORS, INC. IN THE AMOUNT OF $267,523 AND DIS-TRAN STEEL FABRICATION, LLC IN THE AMOUNT OF $67,260 FOR A TOTAL BID AWARD OF $334, 783). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 4078 Parks Metal Fabricators, Inc. $267,523 4078 Dis-tran Steel Fabrication, LLC $ 67,260 SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2008. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: JOHN M. KNIGHT, INTERIM CITY ATTORNEY BY: _________________________________ 3-ORD-4078 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 July 28, 2008 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 7 Monday, July 28, 2008 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 Present: 10 Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson 11 and Bill Grubbs 12 13 Ex Officio Members: 14 George C. Campbell, City Manager 15 Howard Martin, ACM Utilities 16 Absent 17 : John Baines, excused 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 22 23 has had an opportunity to raise questions regarding these items prior to consideration. 24 25 3) Consider recommending approval of Bid #4078 and awarding the purchase for fabricating 26 and delivering galvanized steel structures and anchor bolts required to construct RD Wells th 27 Interchange to Parks Metal Fabricators, Inc., 5702 W. 7 Street, Wake Village, Texas 75501 28 in the amount of $267,523 and to Dis-tran Steel Fabrication, LLC, 4725 Highway 28 East, 29 Pineville, Louisiana 71360 in the amount of $67,260 for a total expenditure of $334,783. 30 Board Member Phil Gallivan moved to approve Item 3 with a second from Board Member 31 Bill Cheek. The motion was approved by a 6-0 vote. 32 33 34 The meeting was adjourned by consensus at 10: 32 a.m. 35 AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas amending the Fiscal Year 2007-08 Budget and Annual Program of Services of the City of Denton for the Fleet Services fund to allow for an adjustment of nine hundred thousand dollars ($900,000) to provide for the purchase of fuel and its associated costs for all internal departments as well as the Denton County Transportation Authority; for the Solid Waste fund to allow for an adjustment of nine hundred eighty nine thousand one hundred eighty four dollars ($989,184)to provide for an increase in operational expenditures and for the purchase of fuel and its associated costs; and for the Police Department to allow for an adjustment of forty four thousand seven hundred and seventy dollars ($44,770) and to create a separate detailed revenue fund for the photographic traffic signal enforcement program to provide for the purchase of operating equipment and its associated costs: declaring an emergency; providing a severability clause; providing for an open meetings clause; and providing for an effective date. BACKGROUND Staff is proposing that the Fiscal Year (FY) 2007-08 Budget be amended for Fleet Services, Solid Waste, and Police Operations. The details of the budget amendment requests are indicated below. FLEET SERVICES The Fleet Services Department is requesting a budget amendment to address unexpected increases in fuel costs this fiscal year. The City of Denton does not purchase fuel in the same manner as the regular system due to the large quantity of fuel needed to operate our fleet and the need to plan for these large purchases throughout the fiscal year. The rack rate is determined by the Oil Price Information Service (OPIS), and weekly updates are provided to the department on the cost of fuel. Several cost components determine the rack rate, including a base price per gallon of fuel (provided by OPIS), a small markup of $0.0068 per gallon from OPIS, $0.20 per gallon for a Texas state tax on fuel, delivery fees for the fuel, and a rate charge for above ground tanks at the landfill. Once we determine the final rate per gallon of fuel, Fleet Services then adds a surcharge of $0.26 per gallon sold to entities such as the Denton County Transportation Authority (DCTA) to fund operations. However, including these extra costs, the per gallon price of fuel is still lower to the City and DCTA than to the regular retail consumer. Like the consumer market for fuel, the rack rate price of fuel to the City has grown quickly as the result of the instability of the fuel market. The City has experienced an increase of $1.70 per gallon for diesel fuel and $1.14 increase in unleaded fuel over the past six months. Agenda Information Sheet August 5, 2008 Page 2 Another component to this cost increase is the increase in the fleet size for the City and for DCTA. From fiscal year 2006-07 to 2007-08, the increase in fleet size for the City was 36 units, and for DCTA it was 20 units. This translates to a nearly 40,000 increase in total gallons of unleaded fuel and an additional 265,792 gallons of diesel fuel required from last fiscal year to this fiscal year. Given the unpredictability of the markets, and the trend for further increases throughout the summer, staff is recommending a budget amendment for Fleet Services to fund fuel cost increases. To provide the level of fuel service needed for the remainder of this fiscal year, staff is requesting an additional $900,000 for the fuel operating budget. Since Fleet Services is an internal service fund, revenues from user departments and DCTA will offset the increased cost of fuel. However, since the expenditure budget is expected to be exceeded, a formal budget amendment is necessary to provide additional expenditure authority. SOLID WASTE Solid Waste Departmental operating expenditures for FY 2007-08 are projected to exceed the approved budget by approximately $989,184. The primary expenditure cost increases are attributed to fuel and vehicle maintenance. The fuel budget for FY 2007-08 is $605,426. Currently, fuel expenditures are at 87 percent of the total fuel budget allocation. The staff is estimating needing an additional $388,474 to cover the costs of the fuel increases for the remainder of this fiscal year. The second primary cost category is in vehicle maintenance. The budgeted amount for vehicle maintenance in FY 2007-08 is $832,050. Several costly repairs have resulted in expenditures approaching 90 percent of budgeted capacity. To anticipate resources for the rest of the fiscal year, the staff is recommending an additional $373,950 for this expenditure category. The remaining expenditure increases are from departmental legal expenses, project services, and TCEQ disposal fees, resulting in the need to provide an additional $989,184 in expenditure authority for the Solid Waste Fund. The Solid Waste Fund revenues are expected to be $754,550 higher than the budgeted amount. Therefore, the Solid Waste Fund will reduce its working capital balance by $234,634. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS) The Public Utilities Board recommended approval of the Solid Waste budget amendment on June 23, 2008. RED LIGHT CAMERAS On December 7, 2004, City Council adopted Chapter 18 Article IX of the Code of Ordinances establishing the automated traffic signal enforcement program. This article provided for the use of red light cameras at intersections in the city. The City contracted with Redflex Traffic Systems to install and operate the camera system. Six cameras were installed and went into operation in April 2006. Agenda Information Sheet August 5, 2008 Page 3 On June 15, 2007, Governor Perry signed new legislation (Transportation Code Chapter 707) that authorizes the use of photographic traffic signal enforcement in the State of Texas. The new legislation provided parameters on the installation, operation and revenue collection for new and existing cameras. Specific guidelines were enacted with this legislation concerning revenues from red light camera fines. The City is allowed to use proceeds from the automated traffic enforcement program to pay for the operational and equipment costs of the system, including payment of the vendor, personnel costs to review and approve violations, and the administration of the program. Out of the remaining proceeds from the camera system, the City is required to remit one-half of the net revenue to the State. The remaining one-half of the net revenue must be deposited in a special account to fund traffic safety programs (pedestrian safety, public safety, intersection improvements, and traffic enforcement). The FY 2007-08 Budget does not include an appropriated separate special revenue fund specifically for red light cameras. The Police Department has evaluated operational needs directly related to traffic safety enhancement. Following this analysis, they have submitted a request to spend $44,770 for upgraded radar equipment, mapping equipment, accident reconstruction scene materials, photographic equipment, and accident scene safety equipment. City staff proposes these items to be spent from the net revenues of the red light camera program. Because no formal expenditure authority was granted for these funds with the adoption of the FY 2007-08 Budget, staff is proposing this budget amendment to establish a separate appropriated special revenue fund for these expenditures. Furthermore, staff proposes that a separate Red Light Camera Fund be established and appropriated for the 2008-09 fiscal year. Respectfully submitted: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008 DEPARTMENT: Economic Development/Downtown Development CM: George C. Campbell SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from ARG East Hickory Partners from the Downtown Incentive Grant Program not to exceed $15,000; and providing for an effective date. (The Economic Development Partnership Board recommends approval 6-0) BACKGROUND Applicant: ARG East Hickory Partners, LLC (Alex Payne) Denton, Texas City Council approved the Downtown Incentive Reimbursement Grant Program on April 3, 2007, and allocated $50,000 to fund the program for 2007-2008 fiscal year. Key elements of the policy are: Grant funds are a 50:50 match and are reimbursed upon receiving proof of expenditure and completion of work. Certain redevelopment activities are eligible for grant funds. Façade Rehabilitation o New Awnings and Signs o Impact Fee Reimbursement o Utility Upgrades o An applicant is defined as an eligible property within the Downtown Central Business District. A single owner of multiple properties may apply for grant funds for each property but may not receive more than $50,000 per property. Projects are considered based on: Compliance with current building standards o Perceived need for proposed renovations and historical accuracy o Design quality o Compatibility of design in relation to other buildings o Project compatibility with streetscape objectives o Project compatibility in relation to Downtown Development goals o Proximity to Courthouse-on-the-Square o A process for project review, recommendation and approval are defined. City staff review o Downtown Task Force review and recommendation o Economic Development Partnership Board review and recommendation o City Council review and approval o 1 PROJECT: This rehabilitation project involves new roof, paint, awnings, lighting and grading land to the west to improve drainage. REQUEST: The applicant is requesting $15,000; the total project is approximately $50,000 ELIGIBILTY: This project is eligible under the following criteria: Project compliance with all current building standards Design quality Compatibility of design in relation to other buildings Project compatibility with streetscape objectives Project compatibility in relation to Downtown Development goals Proximity to Courthouse-on-the-Square PRIOR ACTION The Downtown Development Task Force reviewed the application on June 11, 2008 and recommended a grant in the amount of $15,000 to the Economic Development Partnership Board. The Economic Development Partnership Board reviewed the application on June 16, 2008 and recommends approval 6-0. EXHIBITS 1.Ordinance 2.Grant agreement 3.Exhibit A – Legal Description 4.Exhibit B - Grant Application 5.Exhibit C – Grant Policy Prepared by: ___________________ Julie Glover Economic Development Program Administrator Respectfully submitted: __________________________ Linda Ratliff Director of Economic Development 2 AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008 DEPARTMENT: Economic Development/Downtown Development CM: George Campbell SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from John Thorngren from the Downtown Incentive Grant Program not to exceed $2,360; and providing for an effective date. (The Economic Development Partnership Board recommends approval 6-0) BACKGROUND Applicant: John Thorngren Denton, Texas City Council approved the Downtown Incentive Reimbursement Grant Program on April 3, 2007, and allocated $50,000 to fund the program for 2007-2008 fiscal year. Key elements of the policy are: Grant funds are a 50:50 match and are reimbursed upon receiving proof of expenditure and completion of work. Certain redevelopment activities are eligible for grant funds. Façade Rehabilitation o New Awnings and Signs o Impact Fee Reimbursement o Utility Upgrades o An applicant is defined as an eligible property within the Downtown Central Business District. A single owner of multiple properties may apply for grant funds for each property but may not receive more than $50,000 per property. Projects are considered based on: Compliance with current building standards o Perceived need for proposed renovations and historical accuracy o Design quality o Compatibility of design in relation to other buildings o Project compatibility with streetscape objectives o Project compatibility in relation to Downtown Development goals o Proximity to Courthouse-on-the-Square o A process for project review, recommendation and approval are defined. City staff review o Downtown Task Force review and recommendation o Economic Development Partnership Board review and recommendation o City Council review and approval o 1 PROJECT: This project involved a complete replacement of the awning, which appears to have undergone little change since 1918. REQUEST: The applicant is requesting $2,360, which is fifty percent of the total project costs. ELIGIBILTY: This project is eligible under the following criteria: Historical accuracy of proposed renovations Design quality Compatibility of design in relation to other buildings Project compatibility with streetscape objectives Project compatibility in relation to Downtown Development goals Proximity to Courthouse-on-the-Square PRIOR ACTION The Downtown Development Task Force reviewed the application on May 14, 2008 and recommended a grant in the amount of $2,360 to the Economic Development Partnership Board. The Economic Development Partnership Board reviewed the application on June 16, 2008 and recommends approval 6-0. EXHIBITS 1.Ordinance 2.Grant agreement 3.Exhibit A – Legal Description 4.Exhibit B – Grant Application 5.Exhibit C – Grant Policy Prepared by: ___________________ Julie Glover Economic Development Program Administrator Respectfully submitted: __________________________ Linda Ratliff Director of Economic Development 2 s:\our documents\contracts\08\john thorngren exhibit a.doc Exhibit A Legal Description Being the West 20 feet of LOT 5 in BLOCK ONE of the ORIGINAL TOWN OF DENTON, Denton County, Texas, according to the Plat thereof recorded in Cabinet A, Page 200, Plat Records, Denton County, Texas. AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008 DEPARTMENT: Solid Waste ACM: Howard Martin, Utilities 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance authorizing and approving the execution of a first amendment to regional recyclables processing agreement and also authorizing and approving a first amendment to lease agreement by and between the City of Denton, Texas and Visy Recycling, Inc., d/b/a Pratt Recycling, relating to the leasehold financing of lessee’s interest therein with a third-party financial institution; and providing for an effective date. BACKGROUND The City Council, by Ordinance No. 2007-242, adopted an ordinance on October 2, 2007 that allowed the City Manager to execute a Regional Recyclables Processing Agreement (“Agreement”) as well as a Lease Agreement (“Lease”) with Pratt/Visy for the construction and operation of a “materials recovery facility” (MRF) located at the City’s landfill. A closed Meeting presentation has been made earlier today regarding this matter. OPTIONS Stated in the Closed Meeting AIS. RECOMMENDATION Made in Closed Meeting. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Previous review by the Board on April 28, 2008, May 5, 2008 and May 19, 2008 Closed Meetings. PUB voted approval by a vote of 6-0 in its Open Meeting of May 19, 2008. Removed from the June 3, 2008 Council agenda, for a second, outside legal opinion. Closed Meeting scheduled for the August 5, 2008 City Council agenda. DATE SCHEDULED FOR COUNCIL APPROVAL August 5, 2008 FISCAL INFORMATION None. No funds are necessary to be expended in this transaction. CONFIDENTIAL EXHIBITS Provided with Closed Meeting AIS. Respectfully submitted, By: _____________________ Michael S. Copeland Utility Attorney Utility Administration City of Denton, Texas CONFIDENTIAL AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tom Shaw 349-7133 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, approving the donation of a windmill to the Denton County Historical Society, Denton, Texas, providing a severability clause and an effective date. BID INFORMATION This surplus windmill was originally located on the property south of Ryan Road that the Parks and Recreation Department purchased to construct Lake Forest Park. It was part of the homestead on that property, but by 2005, all that remained on the property was the windmill and a small wooden shed. Park Maintenance staff removed the windmill in the fall of 2005 and it was stored outdoors at the C Service Center. Staff discussed installing the windmill at Lake Forest Park or another park property, windmill in a City park would create an attractive nuisance. It would be too difficult to keep people from climbing on the structure and the potential for injury was too great. Therefore, the windmill has remained in storage at the Service Center since 2005. Recently, the windmill has attracted the attention of representatives from the Denton County Historical Society, who are interested in acquiring ownership of it. Section 2-106 (c) of Ordinance 2008-113 dealing with the disposal of surplus property allows for governmental entity, if allowed by law. However in such case, City Council approval will be Although public auction is the best method to determine true value, the windmill has been estimated at an amount in excess of $500. PRIOR ACTION/REVIEW Council approved Ordinance 2008-113 for the Disposal of Surplus Property at its June 3, 2008 meeting. Agenda Information Sheet August 5, 2008 Page 2 RECOMMENDATION Approve the donation of the windmill to the Denton County Historical Society and authorize the City Manager or Purchasing Agent to execute any required documentation to record the transfer of title. PRINCIPAL PLACE OF BUSINESS Denton County Historical Society Denton, TX ESTIMATED SCHEDULE OF PROJECT Transfer of ownership is estimated to take no longer than 3-5 days. FISCAL INFORMATION There is no fiscal impact associated with this item. EXHIBITS Exhibit 1: Ordinance 2008-113 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4112 Exhibit 1 ORDINANCE NO. 2008-________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE DONATION OF A WINDMILL TO THE DENTON COUNTY HISTORICAL SOCIETY, DENTON, TEXAS; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, on June 3, 2008, the City Council of the City of Denton, Texas, adopted Ordinance 2008-113 amending Section 2-106 of the Code of Ordinances regarding procedures for the sale of personal property of the City; and WHEREAS, Section 2-106(c) as amended permits disposition of property by donating it to a civic or charitable organization or another governmental entity, if allowed by law, providing however, City Council approval will be necessary unless the item has a value of less than $500.00; and WHEREAS, the City of Denton has come in to possession of a windmill, having a value in excess of $500; and WHEREAS, the City Council finds that it is in the public interest of the citizens of the City of Denton to donate the said windmill to the Denton County Historical Society, Denton, Texas; 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 true and correct and are incorporated herein by reference. SECTION 2. The City Manager, or his designee, is hereby authorized and directed to donate and transfer all right, title, interest and possession of the said windmill to the Denton County Historical Society, Denton, Texas. SECTION 3. If any section 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 other provisions or applications, and to end the provisions of this ordinance are severable. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of ____________, 2008. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _________________________________ APPROVED AS TO LEGAL FORM: JOHN M. KNIGHT, INTERIM CITY ATTORNEY BY: _________________________________ AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008 DEPARTMENT: Planning and Development Department ACM: Fred Greene, 349-8354 SUBJECTMPC07-0001 (Inspiration) Consider the adoption of an ordinance of the City of Denton, Texas, for a zoning change from a Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development 138 (PD-138) zoning districts to the Inspiration Master Planned Community (MPC) zoning district classification and use designation; the area for zoning change encompasses 3,331 acres of land located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard and is legally described as certain tracts of land in the E. Pizono Survey, Abstract Number 1269, G. Pettingale Survey, Abstract Number 1041, J. Taft Survey, Abstract Number 1269, G. West Survey, Abstract Number 1393, B.B.B. & C. Railroad Company Survey, Abstract Number 158, S. Pritchett Survey, Abstract Number 1021 and the McCutchin Lands known as Pilot Knob Ranch in the City of Denton, Denton County, Texas, providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission recommends approval (7-0). BACKGROUND Applicant: Larry Reichhart Grapevine, TX This rezoning request was tabled from the July 15, 2008 City Council meeting. The applicant was directed to work with city staff to submit documents to address the Findings requirements of Subchapter 35.7.12.6.E of the Denton Development Code requiring the proposed Development Plan sets forth the phasing and the plan for paying for the infrastructure and responsibilities for payment. (Exhibit 19, page 7-51) City officials met and determined the requirements. The requirements were forwarded to the applicant in a letter dated July 17, 2008 and attached as Exhibit 22. At the June 17, 2008 City Council meeting, the Council voted to table this rezoning request to July 15, 2008 to allow the applicant to work with the Robson Ranch developer to ensure adequate buffering between the existing and future land uses within Robson Ranch and proposed land uses in the Inspiration MPC. The buffer was to include the location of the buffers, fencing type, buffer depth and maintenance responsibilities. The applicant presented this proposal at the July 15 meeting. Representatives of the Inspiration MPC are proposing the following conditions relating to a proposed buffer between the Inspiration MPC and the Robson Ranch development: The following shall apply to the area along the common property line between the Inspiration MPC and Robson Ranch adjacent to the Common Open Space identified as Lot 22X, Block F, Robson Ranch 2, Phase 1 and Lot 16X Robson Ranch 5-1 (See Exhibit 23 for plats and buffer map): Construction of an 8' high board on board wood fence using steel posts with masonry columns 32 foot on center to be maintained by the Inspiration HOA. The fence is not required to be constructed in Environmentally Sensitive Areas (ESA's). The Creation of a minimum twenty-eight foot (28') wide open space buffer to be maintained by the Inspiration HOA. Single-family lots adjacent to the new 28 foot wide buffer shall be a minimum of sixty-two feet (62') wide and one hundred feet (100') deep within Inspiration. At least twenty-five percent (25%) of the single-family houses constructed adjacent to the new 28 foot wide buffer shall be single-story. The remaining seventy-five percent (75%) of the houses may be either single- story or two stories. Robson Ranch residents have expressed concerns about the capacity of Robson Ranch Road to adequately serve the area once the Inspiration MPC is developed. Robson Ranch Road is a county road. Denton County engineering consultants Teague Nall and Perkins forwarded a cross section illustration for the proposed improvements to Robson Ranch Road. This county project is expected to be completed by the end of 2009 and will expand Robson Ranch Road to a four lane road (Exhibit 24). PRIOR ACTION/REVIEW (Council, Boards, Commissions) 1. July 11, 2007 Planning and Zoning Commission Work Session 2. August 8, 2007 Planning and Zoning Commission Work Session on Planning Issues 3. August 22, 2007 Planning and Zoning Commission Work Session 4. March 26, 2008 Planning and Zoning Commission Work Session 5. April 23, 2008 Planning and Zoning Commission Public Hearing 6. June 3, 2008 City Council Work Session 7. June 17, 2008 City Council Public Hearing 8. July 15, 2008 City Council Item for Individual Consideration EXHIBITS 1. Staff Analysis 2. Letter of Intent 3. Fiscal Impact Analysis 4. Current Zoning Map 5. Planned Development 138 (PD-138) 6. Robson Ranch General Development Plan and Permitted Uses 7. Proposed Zoning Map 8. Future Land Use Map 9. Development Plan Map 10. Phasing Map 11. Trails Map 12. ESA Map 13. Notification Map 14. March 25 Neighborhood Meeting List of Attendees and Letters of Concerns 15. Letters in Response to Notification 16. DISD Letter of Support 17. Denton County Historical Commission Letter of Support 18. Conceptual Transportation Impact Analysis Executive Summary 19. Subchapter 35.7.12 Master Planned Community (MPC) District 20. Planning and Zoning Commission Minutes 21. Ordinance 22. Letter to ApplicantRegarding Findings Requirements 23. Adjacent to Robson Ranch Road 24. Proposed Robson Ranch Road Improvements Prepared by: Lori Shelton, AICP Senior Planner Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: MPC07-0001 DATE TO BE CONSIDERED: August 5, 2008 LOCATION: The property is generally located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard APPLICANT: Larry Reichhart Spring Brook Planning Group 2405 Mustang Drive Grapevine, TX 76051 OWNER: Petrus Inv. LP 13600 Heritage Parkway, Ste. 300 Fort Worth, TX 76177 REQUEST: Consider the adoption of an ordinance to rezone approximately 3,331 acres of land from Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR- 1), Community Mixed Use Employment (CM-E), and Planned Development 138 (PD-138) zoning districts to the Inspiration Master Planned Community (Inspiration MPC) zoning district. PLANNING AND The Planning and Zoning Commission recommends approval (7-0) with the ZONING following conditions: COMMISSION The relocation of the elementary school shown adjacent to the RECOMMENDATION Robson Ranch property. The relocation of a private park shown adjacent to the Robson Ranch property. The relocation of some of the proposed multi-family development along Robson Ranch Road. Residential lots within the Inspiration MPC and adjacent to the Robson Ranch property will be the same size or larger than those within Robson Ranch. DEVELOPMENT The Development Review Committee recommends approval of this REVIEW COMMITTEE rezoning request. RECOMMENDATION: COMPREHENSIVE The subject site is located within the Regional Mixed Use Centers, PLAN DESIGNATION: Industrial Centers, Neighborhood Centers, and Commercial Mixed Use Centers future land use designations. SITE AND The approximately 3,331 acres site is generally undeveloped and some SURROUNDINGS: portions are currently used for agriculture. The property is within Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development 138 (PD-138) zoning districts (Exhibits 4 and 5). Planned Development 138 was approved in 1991 and contains 920 acres of land. The Development Plan Map (Exhibit 9) shows 795 acres of proposed business park and 103 acres of floodplain. The remaining 22.3 acres was designated as right of way. Permitted uses include manufacturing, retail, commercial, institutional, recreational, farm and ranch and accessory uses. There are 2 existing gas well sites on the property and 18 pending gas well plats pending for development. North: West side of I-35 W: Cole Ranch MPC; undeveloped residential and ETJ with gas well development and sparse residential development East side of I-35 W: PD-139 ; undeveloped with significant amount of floodplain. South: West side of I-35 W: ETJ; undeveloped East side of I-35 W: and ETJ; developed with a residential subdivision East: West side of I-35 W: Interstate 35 West East side of I-35 W: PD-174; partially developed residential subdivision (Country Lakes North) West: West side of I-35 W: PD-173; partially developed residential subdivision (Robson Ranch) East side of I-35 W: Interstate 35 West The Cole Ranch MPC located to the north of the subject site was approved by the Denton City Council on February 5, 2008. The master planned community consists of 3,256.92 acres and will consist of commercial, retail, The estimated residential office, single family and multifamily land uses. development within the Cole Ranch MPC will consist of 6,182 single family homes with an overall gross density of 2.9 dwellings per acre, 2,621 attached single family homes with a maximum of gross density of 12 units per acre and 2,800 multi-family units with a maximum gross density of 30 units per acre. The Robson Ranch community (PD-173) was approved by the Denton City Council on July 17, 2001. Robson Ranch consists of approximately 2,275 acres. The approved Robson Ranch General Development Plan allows no more than 7,500 residential units with a gross residential density of 2.75 dwelling units per acre. The approved General Development Plan allows residential, neighborhood services, outdoor recreation, community services and parking land uses. Commercial land uses are permitted along Robson Ranch Road, Lively Road and Florence Road. A copy of the approved Robson Ranch General Development Plan for the portion of Robson Ranch adjacent to the Inspiration MPC and a list of permitted uses are attached as Exhibit 6. BACKGROUND The proposed master planned community is made up of approximately INFORMATION: 3,331 acres and is estimated to be built out in about 25 years. The proposed development plan shows 796.7 acres of open space. The designated open space and stream buffer areas are over 1,100 acres and represents approximately 34% of the total land area. There are 20 gas well pad sites shown on the Development Plan as NR-1(N) zoning districts. Two are developed gas well sites and the remainder of the sites have been leased. Pilot Knob is a local historic site located on the west side of I-35 within the proposed MPC. The proposed MPC ordinance will require 74% of the Pilot Knob area to be preserved. A proposed trail system (Exhibit 11) will connect the Pilot Knob area with other open space, parks and neighborhoods. The applicant worked with the Denton County Historical Commission (Exhibit 17) to preserve the pilot knob area and enhance the site for the enjoyment of the public. ANALYSIS: Comprehensive Plan On March 27, 2007, City Council adopted an ordinance that exempted Analysis: Master Planned Communities from the requirements of processing a Comprehensive Plan amendment as part of the MPC proposal if the MPC incorporates the goals and objectives of the Denton Plan. The proposed MPC proposal is generally consistent with the goals and objectives of the Denton Plan and land use designations contained therein. Currently, the City of Denton Comprehensive Plan Future Land Use Map shows four future land use designations within the Inspiration (Exhibit 8). These include Regional Mixed Use Centers, Industrial Centers, Neighborhood Centers, and Commercial Mixed Use Centers future land use designations. future land use areas are intended to contain the shopping, services, recreation, employment and institutional facilities supported by and serving an entire region. A regional activity center could contain developments such as a regional shopping mall, big box retail, superstores, restaurant and entertainment facilities, a high school or community college, and high-density housing. future land use areas are intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. Employment centers are also intended to accommodate secondary uses that complement or support the primary workplace uses, such a hotels, restaurants, convenience shopping, and child care. Adequate public facilities shall be a criterion by which zoning is granted. future land use areas are intended to provide locations for a variety of work processes and work places such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. The industrial centers may also accommodate complementary and supporting uses such a convenience shopping and child-care centers. Adequate public facilities shall be a criterion by which zoning is granted. future land use areas develop in conventional Neighborhood centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school. The proposed Inspiration Development Plan (Exhibit 9) includes zoning districts representing Neighborhood Centers, Employment Centers, Regional Centers, and Community Mixed Use Activity Centers. No zoning representing the Industrial Centers future land use category is proposed. Development MPC Requirements Code/Zoning Analysis Subchapter 35.7.12.3 provides the application requirements for MPCs. The MPC Zoning Document (including Development Plan Map) and the MPC Development Standards Document shall, as approved by the City Council, become a part of the applicable development regulations in the Denton Development Code within the respective MPC District. Subsequent changes to the MPC documents and map shall be made in accordance with Section 35.3.4 with the exceptions set forth in Section 35.7.12.8 (minor amendments). A.The application shall describe the purpose, nature and characteristics of the proposed MPC district including, but not limited to, the proposed development unit use or uses to be conducted in the district in a manner sufficient to enable preparation and consideration of regulations governing permitted and specific uses, site use and other development regulations which may be appropriate to govern development, use, and maintenance of the sites included within the MPC district. The application may be in three stages as set forth below: Conceptual/Schematic Phase: 1. A conceptual/schematic plan submittal to be reviewed by the Development Review Committee prior to the submittal of MPC Zoning Document and MPC Development Standards Document. The MPC Concept Schematic is designed to aid the Developer and the City in preparing a complete MPC Zoning Document and MPC Development Standards Document application. The MPC Concept Schematic may be referred by the Chair of the DRC to the Planning and Zoning Commission and/or the City Council for review and comment but typically, these are reviewed and approved by the DRC. MPC Zoning Document. 2. An application and development plan to be reviewed by the Development Review Committee and Planning and Zoning Commission, whose recommendations are forwarded to the City Council for review and approval. The MPC Zoning Document establishes zoning - standards for a Master Planned Community and typically addresses land uses, densities, setbacks, building heights, lot coverage and specifically identifies where there are deviations from the adopted Denton Development Code. The MPC Zoning Document shall include a Development Plan Map. MPC Development Standards Document. 3.A detailed set of development standards that are reviewed by the Development Review Committee and recommended for approval by the Development Review Committee Chair, the Planning and Zoning Commission and approved by the Denton City Council. The MPC Development Standards Document sets forth the developers proposal for and confirms compliance with the Denton Development Code Chapters 13, through 22 and/or identifies the alternative development standards associated with the content of each of those Chapters of the Development Code. An application for an MPC Development Standards Document may be submitted for approval concurrently with the MPC Zoning Document and shall be required to be submitted with the MPC Zoning Document when meeting the conditions set forth in 35.7.12.2.D. The Development Review Committee has found that these requirements for a MPC application have been met and are included in this document as Exhibit 3 (Fiscal Impact Analysis) and Exhibit 21 (Ordinance). Zoning and Development Standards Pursuant to Subchapter 35.7.12.2.D.1 of the Denton Development Code, the Inspiration MPC must comply with the Code, except where modifications are proposed. The applicant has submitted a MPC Zoning Document and Development Standards Document that outline the alternative development regulations and standards that deviate from the provisions of the Denton Development Code. Those standards are included in this report as exhibits in the Ordinance (Exhibit 21). The following are alternative development regulations and standards from which the applicant is proposing to deviate: Neighborhood Districts The applicant has created four additional zoning districts to be included in the MPC ordinance: Neighborhood Residential 1N (NR-1(N)), Neighborhood Residential 10 (NR-10), Neighborhood Residential 15 (NR- 15) and Neighborhood Residential 20 (NR-20). The NR1-(N) zoning district is restricted to gas well development and agricultural uses only. The NR-10, NR-15 and NR-20 zoning districts offer a variety of high density residential uses including attached single family, duplexes, live/work units and multi-family with densities ranging from 10 dwelling units per acre to 20 dwelling units per acre. Mixed Use Districts The proposed MPC zoning document also includes four zoning districts: Mixed Use Neighborhood District (MUND), Mixed Use Community District (MUCD), Mixed Use Regional District - Employment (MURD-E), and Mixed Use Regional District Commercial (MURD-C). These districts are similar to the existing NRMU, NRMU-12, RCC-N and RCC-D in the Denton Development Code. The MUND and MUCD districts will be neighborhood oriented with a variety of services and high density residential uses and the MURD-E and MURD-C zoning districts are oriented to a regional market. Development Thresholds The Inspiration MPC provides development thresholds above the requirements of the DDC. Thresholds include minimum lot size requirements and minimum house sizes of 1,600 square feet. The MPC will require a ratio of single family to multi-family development of no less than 77.8% to 22.2%. The MPC will also require that a minimum of 2,500 single-family houses be constructed prior to any multi-family units being constructed. A complete list of proposed thresholds as well as all proposed development standards can be found in the attached Ordinance (Exhibit 21). General Regulations The proposed General Regulations section of the Zoning and Development Standards Document provides maximum heights, lot coverage and setbacks for the zoning districts. The proposed regulations are generally consistent or more restrictive than the General Regulations found in the DDC. Landscape and Tree Canopy Requirements The proposed tree canopy requirements found in the Inspiration MPC are generally less than those found in Subchapter 13 of the Denton Development Code. For example The NR-1 through NR-6 zoning districts are required to provide 50% tree canopy coverage in the current DDC standards. The applicant is proposing 40% tree canopy coverage for those zoning districts. The proposed residential landscape requirements are less than those in the DDC. The landscape requirements for the mixed use districts are consistent with those in the existing DDC requirements Due to the large proportion of open space and stream buffer area proposed for the development, 34% of the entire development, the required tree canopy for the individual zoning districts is acceptable. Street Tree Requirements The proposed Street Tree Requirements are consistent with the current standards found in the DDC. Access, Parking and Circulation Requirements The proposed MPC development standards will allow parking spaces above the number allowed in the Parking Standards section of the ordinance without the requirement to provide impervious pavement for the additional spaces. The developer will be required to provide additional tree canopy, open space or permeable paving may be used to mitigate the additional spaces. The proposed standards allow parking between the building and the street in the MURD-C and MURD-E zoning districts and in the MUCD zoning district along Robson Ranch Road only. Parking between the building and the street is also allowed along I-35. Additional screening, buffering and landscaping is required when parking is located between the building and the street. Site Development Standards The proposed standards are generally more restrictive than those found in the DDC. One hundred percent (100%) of the front of all residential structures shall be masonry. The total percent of masonry on residential structure shall be no less than 80%. These requirements apply to both single and multi-family structures as well as non residential and mixed use buildings. Parking Standards The applicant has provided parking standards to replace those found in the DDC. Generally, the proposed parking standards allow more parking for retail uses, medical office and other office uses than currently allowed in the DDC. For example the applicant is proposing a ratio of one space for every 250 square feet of gross floor area for general retail; the DDC requires one space for every 300 square feet of gross floor area. The proposed general office use category is required to provide one parking space for every 450 square feet of gross floor area; the proposed ratio is one for every 250 square feet. The applicant has compiled the proposed parking standards from industry standards from the American Planning Association and a variety of local communities including the Cities of Fort Worth, Frisco, Southlake and McKinney. Environmentally Sensitive Areas The Inspiration MPC contains approximately 1,073 acres of environmentally sensitive areas (ESAs), composed of floodplains, stream buffers, and upland habitats. Approximately, 75 percent (805 acres) of the ESAs will be preserved. The three knolls, including Pilot Knob, dominating the natural landscape of the subject property will be preserved in some extent. Most of the preservation would occur in Pilot Knob, where 74 percent of the upland habitat and natural topography would be preserved. The remaining 25 percent of ESAs that would be disturbed will be subject to mitigation. The developer has agreed to mitigate by enhancing existing ESAs within the Inspiration MPC at a 2:1 ratio of enhanced ESA to original ESA, relocating the impacted ESAs to protected open space areas outside the original ESA areas on an acre-for-acre basis, and/or incorporating integrated Storm Water Management (iSWM) techniques and practices into the development of Inspiration. Inspiration also includes a 22-mile trail system interconnecting ESAs within the proposed planned development and the Cole Ranch MPC located to the north. The trail system will connect preserved upland habitat areas, stream buffers, and floodplains through vegetated corridors. The trails are designed to take advantage of existing ESAs and easements, and proposed open space major thoroughfares. The planting of native species along the trails would provide habitat for transient wildlife species. The trail system includes a 20-foot planting buffer parallel to the trail walking path. The selection of plant species would depend on the location of trail in relationship to existing ESAs and thoroughfares. If disturbed, ESAs will be re-vegetated exclusively using a variety of native plants while planting buffers along major thoroughfares will be landscaped with native and drought-tolerant adapted species. Park Land Dedication The Inspiration MPC will be required to dedicate public park land as required in the Park Land Dedication Ordinance (98-039) in addition to the private park land to be owned and maintained by the property owners association. The public park land will be identified in the platting process and is estimated to be 100 acres of public park land. Property Owner Association Requirement The Inspiration MPC will be required to create a Property Owner Association (POA) to maintain all common property not dedicated to the City of Denton. The documents establishing the POA will be required with the first final plat application. Denton Municipal Airport Overlay District A portion of the proposed Inspiration MPC is within the boundaries of the Denton Municipal Airport Overlay District as shown in Exhibit 9, Proposed Development Plan. The boundaries are labeled as Airport CLUD 2 Zone Limit. Subchapter 35.7.4 of the DDC requires development within the Airport CLUD 2 Zone to meet the noise mitigation standards found in Subchapter 35.7.4.12 or provide an avigation easement. An avigation easement conveys to the City of Denton an unobstructed right-of-way for the passage of all aircraft and rights to cause within such easement such noise, vibration, fumes, dust, fuel particles and all other effects that may be caused by the operating or craft landing at, taking off from, or operating at, the Denton Municipal Airport. The proposed Inspiration MPC ordinance will require both an avigation easement and the application of the noise mitigation standards. DEPARTMENT AND The proposed Inspiration MPC has been reviewed by the Denton AGENCY REVIEW: Development Review Committee for issues related to requirements of Subchapter 35.7.12 Master Planned Community (MPC) District in the Denton Development Code. Preliminary transportation, water, wastewater and drainage studies have been prepared by the applicant and reviewed by the appropriate City of Denton consultants or staff to ensure that the provisions for public schools, fire protection, law enforcement, water, wastewater, streets, public services and parks are adequate to serve the anticipated population within the MPC district The master planned community will be required to apply for a general development plan which will require more detailed engineering studies. After the general development plan is approved, a preliminary plat may be submitted for a portion of the property. Again, more detailed engineering plans are required. A final plat must be approved and filed with Denton County prior to any construction. The applicant will be required to provide construction plans for the public improvements (streets, water and sewer lines) as part of the final plat application. FINDINGS: Pursuant to Subchapter 35.7.12.6, before approval or adoption of an application for a MPC Zoning Document, the Planning and Zoning Commission shall find: A.That the development proposed furthers the goals of the Denton Plan. The proposed Inspiration MPC is consistent with the Denton Plan. The growth management section of the plan encourages a wider range of land uses to coexist within close proximity to each other. In addition, the Denton Plan encourages residential development that establishes a variety of lot sizes, dwelling types, and housing prices. B.In the case of proposed residential development, that the development will promote compatible buildings and uses and that it will be compatible with the character of the surrounding area. The proposed plan offers a ratio of single family residential use to multi-family uses of 77.8% to 22.2% with the high density residential near or within the neighborhood centers. These centers are located throughout the development anchored to major intersections. C.That the provisions for public facilities such as schools, fire protection, law enforcement, water, wastewater, streets, public services and parks are adequate to serve the anticipated population within the MPC District. The applicant has provided preliminary engineering studies to demonstrate adequate public facilities. Additional engineering will be required as the project moves forward. The applicant has worked with the Denton ISD to determine locations for the future needs of the school district within the Inspiration MPC. School District officials have determined the proposed school sites are adequate for future needs of the area. Fire protection and law enforcement needs will be accessed as development occurs. Locations for fire stations and other public services will be determined as Inspiration as well as other land in the area is developed. D.In the case of proposed commercial, industrial, institutional, recreational and other non-residential uses or mixed-uses, that such development will be appropriate in area, location and overall planning for the purpose intended. The proposed commercial and mixed uses are needed in the southwest part of Denton. Currently . no retail or employment opportunities are available in that area E.That the development is fiscally sound, as demonstrated in the Cost Impact Analysis, and is consistent with adopted policies, infrastructure plans and applicable Capital Improvement Programs (CIP) and that the Development Plan sets forth the phasing and the plan for paying for the infrastructure and responsibilities for payment. The applicant submitted a Fiscal Impact Analysis (Exhibit 3) to demonstrate the project is fiscally sound. The Fiscal Impact Analysis was reviewed by the City of Denton Director of Finance. ¬ ????????? E\HIBIT 3 Inspiration Fiscal Impacts on the City of Denton Prepared for Aperion Communities, LLLP By Stein,-_.r:.~t: .. g Planning and~Man g ment December 18, 2006 Executive Summary • Inspiration, amixed-use development on approximately 3,316 acres, would generate an estimated $686,000,000 in direct ad valorem tax and sales tax for the City of Denton in a horizon of 30 years. • Development will include approximately 14,311 homes. Over 70%, or 10,035, will be single-family detached homes. • More than 400 gross acres of the development will be commercial area. According to pro forma, the commercial area will support more than 4,000,000 square feet of gross floor area. • Direct tax revenue for the City of Denton from Inspiration will exceed typical expenditures for delivery of municipal services and municipal debt service of Inspiration by an estimated $125,000,000 over a horizon of 30 years. Exhibit A Cumulative City Revenue Surpluses From Inspiration $1ao,ooo,ooo $120,000.000 I - $100,000,00o I ~ ---~ $80.000,000 -i $fi0,000,000 - $ao,oo0.000 $20,000,000 ~ ~ i 2008 2013 2018 2023 2028 2033 Year Details of the evaluation appear in the following sections: Existing Appraisals and Taxes Ultimate Development and Appraisal in 2009 Dollars Development Timing, Annual Appraisals and Ad Valorem Taxes Retail Sales and Sales Tax Total Annual Taxes City Expenditures per Household Conclusion: Surplus of City Taxes Over City Expenditures Inspiration Fsgl Impacts on the City of Denton, December 18, 2006 Page 2 Existing Appraisals and Taxes Total °marlceY value of real property in the land assembly known as Inspiration was $14,997,857, according to the Denton County Appraisal District. Based on its agricultural productivity value, however, the site was appraised at a taxable value of $279,243. Municipal property tax (ad valorem tax) levied on the entire site for 2006 was $1,748. Details of the 2006 appraisal and tax levies by the City of Denton, Denton County and the Independent school districts are in Schedule 1. Ultimate Development and Appraisal In 2009 Dollars Ultimate development of the site is presented in Schedule 2, according to zoning categories. For each category or group of zoning categories, an objective of Schedule 2 is to reasonably estimate the taxable value the Denton County Appraisal District would likely assign to land and improvements combined if the land were hypothetically devebped and absorbed in 2009. Appraisals for taxes are typically lower than actual selling prices and they may be lower than actual costs of construction. A study by officials of the Texas Association of Appraisal Districts found in 2006 that appraisers in Texas urban areas undervalue commercial property by an average of 40% and residential property by 15%. Multi-family residential property is undervalued by 25%. (Source: DaOas Morning News, Dec. 1, 2006, p. 1A) Each zoning category or group of similar zoning categories •is quantified by land area and a volume of development likely on that land. Development volumes are expressed as either a number of homes or gross floor area (iri square feet). Then, for each zoning category or group, Schedule 2 identifies a realistic unit value (expressed in year 2009 dollars) that the Appraisal District is likely to assign to real property (land and improvements combined). These unit values are based on either the developer's estimate of mean selling price (discounted for low appraisals) or typical appraisals for fazes for comparable properties in the metropolitan region. Rounded, the hypothetipl value of taxable real property in Inspiration, upon completion, but in year 2009 dollars, is $2,790,000,000. Development Timing, Annual Appraisals and Ad Valorem Taxes The hypothetical ultimate development program of Schedule 2 is transformed into a realistic timetable with annual appraised values by Schedule 3. The anticipated time to completely build Inspiration stretches through 2034, with the final improvements appearing on the appraisal roll by January 1, 2035. Inspiration Fiscal Impacts on the City of Denton, December 18, 2006 Pape 3 Exhibit B Exhibit C Inspiration Fiscal Impacts on the City of Denton, December 18, 2006 Page 4 Estimated appraised values that were expressed in 2009 dollars in Schedule 9 are adjusted for inflation in Schedule 3. At the end of the thirty-year forecast horizon, the taxable appraised value of real property in Inspiration will grow with modest inflation to $5,500,000,000. Prior to cronstruction of each years new products, the assumed inflation rate for appraisals is 3%, but after construction, the rate shifts to 2%, an albwance for depreciation. From Schedule 3, iYs possible to read an estimated appraised value of taxed real property for any year from 2008 through 2037. Exhibit D Total Taxable Property Appraisal In Inspiration i $6,000,000,000 Q$5,000,000,000 ~V"~,QV V,000,QQD j $3,000,000,000 1 $2,000,000,000 $1,000,000,000 $0 2006 2016 2026 2036 In the final three columns of Schedule 3, tax rates for the City of Denton, Denton County and the Denton ISD are applied to appraisals to obtain an estimate of total tax on real property in Inspiration for that year. City and County tax rates for 2006 are assumed constant, although they will vary from year to year. Although the 2006 Denton ISD tax rate is $1.764 per $100, a tower rate of $1.30 per $100 has been assumed for 2008 and later, an estimate of future tax rates due to a change in Texas education finance policy. Total appraisals and taxes are slightly affected by homestead exemptions. Appraisal estimates for single-family detached homes were reduced by $5,000 per home in Schedule 2, an approximation of current policy for homestead exemptions in the City of Denton. ISD exemptions are currently $15,000 per homestead, so the application of a tax rate to the assumed appraisal may result in slightly high tax estimates, except that the assumed ISD tax rate is probably lower that actual future ISD tax rates, offsetting the low allowance for ISD homestead exemptions. ~-~ mRi:~mn:Ynrr. o-.wr.~rq;~ ff t _ . z ~ -yam .•z _ I S,fisa:l:, " Inspiration Fiscal Impacts on the City of Denton, December 18, 2006 Page 5 Tax collections in Schedule 3 are factored by 989'o to reflect taxes not collected. Actual collection rates will very only slightly from this estimate. Real property is not the only property subject to ad valorem tax. Business personal property is subject to the same tax rates. Although business personal property is typicafty not found in residences, it constitutes a significant tax base. Business personal property appraisals are frequently equal to or greater than real property appraisals for warehouses, technology centers and stores with costly inventories, furniture or equipment. Schedule 4 estimates annual appraisals and taxes for business personal property. It is similar to Schedule 4, but for this different class of taxed property. There are no homestead exemptions for business personal property. Over a horizon of thirty years, the sum of estimated real property taxes collected by the City is $454,000,000 (Schedule 3). The sum of estimated business personal property taxes tolled by the City is $21,000,000 (Schedule 4). Total property tax (ad valorem tax) collected by the City is thus $$475,000,000. Retail Sales and Sales Tax Retail sales tax will be the second largest source of local tax revenue from Inspiration. Based on the development assumptions of Schedule 2, annual taxable sales volumes and sales tax generated by inspiration are estimated in Schedule 5. Taxable sales are based on estimated taxable sales per gross square foot Unit sales per square foot are moderatety conservative estimates based on national norms. Sales tax on materials used for construction of the site is separatety tracked. Materials are assumed to account for 30% of the selling price of a homes and other improved property. This sales tax is assumed received in the year prior to the year a related improvement enters the appraisal roll as complete. Denton levies a local sales tax of 1.5%. Over the thirty-year horizon, the City could receive an estimated $212,000,000 of sales tax from Inspiration. Total Annual Taxes The mix of major taxes Denton will receive from Inspiration will be about 70% ad valorem tax (real and business personal property tax) and 30°k sales tax. Exhibit E illustrates antiapated taxes by volume and type for four benchmark years. Inspiration F'isgt Impacts on the City of Denton, December 18, 2006 Page 6 Exhibit E Annual City Taxes from Inspiration $so,ooo,oo01 ~ $45 000 000 , , - $ao,ooo,aoo ~ ~ $35 000 000 , , $30 000 000 - , , j ~ Sales $25 000 000 - - , , I p gpp $20 000 000 - , , , O Real $15 000 000 , , $10 000 000 , , $5,000,000 ~ _ $0 . 2006 2016 2026 2036 The total revenue Denton will receive from its major taxes~ad valorem tax and sales tax-will be $686,000,000 from Inspiration over a horizon of thirty years. Taxes by type and amount for the City, Denton County and the Denton ISD are summarized for each year and for a cumulative horizon of thirty years in Schedule 8. City Expenditures per Household Annual and cumulative tax revenues generated by Inspiration are impressive when contrasted with the low City tax bill for Inspiration for 2006 ($1,748), but it's more significant to compare the future taxes generated by Inspiration with the future expenditures for municipal services and debt service that inspiration will consume. Schedule 7 calculates Denton`s average expenditure per household and the expenditure the City needs to realize from ad valorem and sales tax sources. When the complete annual City budgets for the General Fund and the General Debt Service Fund are divided by the number of households in Denton, the total expenditure per household for fiscal year 2006-2007 is $2,172. The city relies on ad vabrem tax and sales tax (its two primary revenue sources) to pay 59.8% of that expenditure. The balance is paid by a combination of franchise taxes, service fees, fines, transfers and miscellaneous sources; this portion of operating and debt service expenditures paid by miscellaneous sources is assumed roughly constant. The revenue per household Inspiration Ftsgl Impacts on the City of Denton, December 18, 2006 page 7 Denton needs from ad valorem tax and sales tax for the FY 2006-2007 budget is $1,299. This revenue need will grow with inflation. This allocation of all City expenditures to households overstates the value of services consumed by households because some municipal services are consumed by businesses. In a large community of mixed uses, however, where the moc of residential and commercial development generalty mirrors the rest of the city, this allocation of expenditures to households is a useful concept. Conclusion: Surplus of City Taxes Over City 6cpenditLres The annual City of Denton expenditure per household for operations and debt service and also the amount of such expenditure covered by ad valorem and sales taxes in FY 2006-2007 are factored for inflation in Schedule 8, produang estimated annual costs for services to Inspiration for each year in a horizon of thirty years. These costs are then compared with estimated annual ad valorem tax and sales tax receipts from Inspiration. Exhibit F Annual City Revenue Surpluses From Inspiration $s,DOO,ooo $7,000.000 $6,000,0 $s,DOO,oao $a,ooo,ooo $3,000,000 $2.000.000 $1,000.000 $o 28238-2 ($1,0OO,OOOR 2013 2fH8- Year Vewed cumulativety (as in Exhibft A), City receipts from Inspiration exceed City expenditures for Inspiration at all times. Over the thirty-year horizon of this evaluation, the total City surplus of ad valorem tax and sates tax from Inspiration exceeds the amount of these taxes Denton will spend at Inspiration by $125,000,000, as indicated in the final column of Schedule 8. ~I 1 f I ! i~ ` 1 I I I Inspiration Fiscal Impacts on the City of Denton, December 18, 2006 Page 8 Accomplishment of the high values and corresponding appraisals and taxes assumed in this pro forma requires a high level of public improvements, community design and construction standards. Inspiration can enhance the quality of life and the financial bottom line for Denton. Inspiration Fiscal Impacts on the City of Denton, December 18, 2006 Page 9 O N h~ d N ~ N M N' pry N~ N O N m N N N e O~ m H m W N N N N N N N N~ W N N t~ N ~9 N N N ~~ N N O v _ O O m M H w ~ e„f Ol f fV N N TD m <O O_ ~ ~ N <NP M pfA n Q= ~ C O ~ppp ~p ~y ,O N~y NN NNE M < M~H d ' ~ ~ ~~N p N S O ~ S O~ o y NN~ ! y (N C N N N W d c fN n O ~ N F - ~ N y Cm C~ p M M~ N.» tN'> N _N ~ N H N N N~ ~_ ~ M O M~ O_ N N M M W f V ~ g C1 6 S N H - N X p S U N M tV O O io ~p ,O m t{~~ pp p~j ~~pO pp O R NNN~ WN NwHNNN tnl` MN W NN ~ MN ~ W M NW Y1 r m ... ~~QO M N N Z 0O ~ V Om N D 0 ~ y1 ~p Q ~O N O~ W ~ N 0 00Y~Hr pWQ O~e•I aOD ~tOV 1. ~N t0 W O~ W t?~~A md~ O O d ~n~te ~ i7 i0 l+fNW OI ~ d d N N ~ C `-' ~~~ r mm pp +~~ {{+ ~ N N H W N~ M~ N N N N N N N W N N~ ~ N ~ yy qq ~ ~ m m n~ E N 9 ~ a ~ cm 'c ~ooooo000000000000000000 0 Q ~ E ~ $ ~ ~ ~ 3 ,., mm~> 7 ~+ C ~ O E n N ~ t O m G ~ o ~ ~ ~,m~ n-t N O fD d O~ Oi~ W ~o ~ P ^ Mm ~ N m N V ~~ 0g ~ J a q Jj . 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O~~ N O~~ O O~ N O~ 0~ N m S O 0~ O t7 ~~~~~~a~~~~~~s~nmo~~~~m .Z~MM nn +°3 w Sd `a' ~€1 aS~n~ml: f~ WN pN ~ N oN o~ pN G~ CM GM GN pM GN pM or GM eN GN GM OOOOOm~~' ~ IDmNNbOObaOro000ObOef W aD m N O N ~ h A 0 0 N N n N N N N N N N N N H N N ~^~~~~8:~~~~~~~~~~~~~~~~ ooooo~~e~~~~goc.~~''.Sdob"_'b"_b'.b'_gS'_oS'.g`d.Uo"d.o ~1"i,'~"im 3nm~~m ein of einnnnne; ei ,?M OOOOOO~b~~N~~m~,O~N~~SA~~~~Yf ~t9 ~~RRRrRRRR~RR~~~~~~~s~~8~R~~R Inspiration Fiscal Impacts on the City of Denton, December 18, 2t)~ Page 14 c° OT Oq 3 O ~R O r N E ~ ~ C •~ V a rn c 0 m x ~o m~ t 0 J ''~w YI g~ Yq N O 3 ~~~ ~33 $ O§q4E~ L N ~~U O 0 a ~ ~~~o ~~~~ 5~~~ E €~ s>~ m 0 ~~~ m $ 9 ~a`u~i$ E ~ ~g $ ~nto ,°n e$~{~~i m~~°n ~~~~'m icYoo{~~~mro 30 ~i '~v ~v ~~ NN«NNNOfVNt7lb~f~~NMMMNN~M~~~O~N~.~- M M N N N Q~ {~ S mmp pp N(mmNyy N•NNNN nhi~r~ W~OOfV r ~ 0109 ~I.nO~~~~O~ClbNh00 , [ ~ mpO pq~ ~ t S NH f {at~0~ ~ 0~0b~0~ ~ RO ~(t~~V ~((Rpp~~i l'l t'I ,Np {+0~~ c~n pmV C~D ~Opp ttmNmpp ~~ p M M~ M~~ .q- ~^ N N N N M~«~ q~ M~ N~ g M N q O N N N N ~ asses^~~~~~x^~a:~s~~~~~~~~~~~ b ... ~ Mm.,,~M^o~ m$ -gin - ~~"a -~~~a m~~~ytnV ~m~a~oo 64 N bpG nN NNN GNMN~Myy eN fM MN~MyyMM+NNVMf nM 001' O,O ~IbV m8t'f O~~bn ~SH~0bf0 .-A0Pb0l ,ff b ~Qpf 1~ m(O~N17 C11~~(Cpp(~~f p~ CCCfff 0lpmmD~, W GG +~+1[O[1ppp Om 0 J NN'OI_~••~~~~'ppf ~iDNfO ~ ~~ ~ n NItDy O ~ A 0~,0qq^ OON f ~~ NNMMN~~~O@t'VNNfO'1 t'l«H~~~VlMM~NNN fpp ny' NN~pNpMNpN NCpQM/MM 8 ry t^p mqO fryry ~pA ~r~~M~~~((pQOVV!o~m~~ O,Op~~bl~ CpNf~00 v o Yl :~ p M^ ~1 bOOIV N17~~ nm mm r 0010 'f ~ ~~ M ~ R10000 M N N M N N~ N N N N M N N N N M N N N N M M N N < ~ms.~mm~~~mm~s~~~~~s~~~m>p~~~~~ E ~ N~~N~`~.~MMO~~~~ma~e.4n~ n o•ao~•~f 0 N N N ~ N N N CI IY «««««« M M«~~ M M M N N M N N ~C sssss~~:~°s(:j:m~~~?~~ja~~~~~~joo~o~~ _ a O ~t~Np-patmV'10~H r ~~ff!j!j~~~~((~Ot•bV' ~ ONnb"' Oe ~~~ MMNMNNNMNNN«MNM«N ~~WWWWN MNNM CJ ~ppp~ry~_~S~$~^n~mmRmpRR°~' ~~~py~~y~m~{`fr~Y~mm~ o~$°~,~mm~~by MNnA r ObN O0 ~ 0tn ~tV mt7 iDf O ~ N~ ~N ~00~ ~ O ffyy •• ttpp qq C M N N M N M N N N«« M N g M M N M M~ M N~ ~ ~ ~ ~~ NNNN M Nry~ ~fp~ Oi mq t7p8 m^ NboO~ pn F M~mO~M•• m~mn ~~ ~~t1~0 t$,OnN ~Nt~ {D I. ~ ~ N N N N M N N' ~ m N N^ n n n W N A 0m• SS p • tpNppNMNppNppNMNMNMmpN N{gM~~~~~~N ~li tlONOSm~tN~lObn I~~ fb^~f n~Mm O~r~~ht.11 ~ NN`.75Z«1..'2$».R$$.mi»ooo~.-r~oi~', t~~pp N~bMyNMMNtpNVpNN N, e- NOOOO ~ ~,p {off 111 /l^.7 ~0Ny 00 f N' Oap-b.-.-OO (ty7 wryry, N N M M 0 : N0 tV tV m A ~ m ~ 0 r ~ • ~ ~ N 17 tai ~ s ~ astlmf ~~ ~~ ~ ~m o -+_; rasa NNN: NNN.:»«~ ~ s e ~ ~~m:oa~oas~mma~~~ ~,:.;~ ~aa~ E ~ d M N N M N N M M N N M M'~^ 0 N p {~ N N N N« M« 1 Q3x $[ GG C tNp~ ep(p~~ epNV tN~ eM~ M epNV }~ a ~Yj 0 j$SSOOORNNN RNNN{OV N tOV O~NN~~N ~Nt~~~ v Y N NNNN N O b A N mpx M N M N N s w• inspiration Fecal Impacts on the City of Denton, December 18, 2006 Page 15 SchtaduFe 7: City of Denton Expenditures per Household (General Fund and General Debt Service Fund) Paid by Ad Valorem Tax and Sales Tax General Fund budget FY 2008-2007: E76,899,186 General Debt Service Fund budget FY 2006-2007 _ 514,775,824 Total e~ttrres budget FY 20062007 591,875,010 Hovsetwlds (NCTCCK'i population estimate, 3/2006. divided by 2005 population par trowetrdd): 42,210 General Fund end Genera! Debt Service Fund expenditures per housetrold, FY 2006.2007: 52.172 Ad valorem tax end sales tax pay iltis portion of General Fund and General Debt Service Fund expenditures': General Fund Gen. Debt Service Fund Combined funds AV and sales taxes = 545,338.025 ~ 59.732.728 555,070.751 59.8% AO resources E77.298.880 514,775,824 592,074,704 Ad valorem tax and sales tax needed per household to pay expenditures, FY 2008-2007: 59.8% x 51,172 = 51,299 'Balance of expenditwes are paid by a combination of ufifdy franchise taxes, service fees, judicial fines and fees. license and permit tees and miscellaneous revenues. Inspiration Fiscal Impacts on the City of Penton, December 18, 2008 Page 16 .~ 8Q ? H((~yy~~pmo•m .i~Na V~~~~mm~m ma ~emi_~ Vm~hn~~a~vi,v o v°fi {nom c ~ QQ OISIJN V~~~i Hwyy qqt? $tQ~~y'pp nm{wpp{ppmm ~vmm~n ppa~~~ ~ ~~ ~NLS Sg HNNNNNw {f 0O ~S ~ m~ OI f ~0) ~.^- n01mNp hp ~~ ~ p O {~ ¢,~f N NM Nt~WNNN~NMNNNNNNNMO~^NN IWL tmp Cmp yy ``pp NNMNN ~ . Q O OOIPm~~~ f mt0~m0!r)mA~NNt7~f O0m~mS ~ Nw ~ N m h N oq m ~ n mm _ C ~ F ~.~~ V m~SmO mN 1~ O ~nmfmV.OR Q n O ~A mCrf ~~ OfV O ~mO~ O b C << mmmmmmmmmmmm ~mp ttpp VV O 0 N~~ M N N M N N N N N N N M~~ N N N N N N~ N N H N N N N E ~ ttpp m_m m p~ pOm p t~ ~N 0 ~ C~ f NA~1pD N(E~pp {~y mfl pV i~.Vj •m nnOh~NYNf f Cpnf bN rGn~pm poml ml7 mt"fp)Ol m ~p ~~~ ~ E l~p N~ON~~y {t~7 tO~mb /V tfSO W ~N~hy (may {fm~y ~~y ml~y0 hfn0m 0lr'}l 1~ •OpN Q~Ia~ C m ~ ~ U ~ O~ N N M M N N N N~ N N M H N N N N N N M M N~~ ~9 ~ N~ N N N S c E v ~ `fig $ F G Qmon ~n r m N »o y~ ~ o m r~ n G '~ ~Smn~sro~nm ~m nnN ~$o•~p {~I1 Qena~~pSm~n~mo$m~`~Qjn'n mm r~ O G U d~~ N~NMN ~ OI ~fy ~{r~ ~ A< ryNI ~m ~ O11mm0mm~0> OOO nON ~N ~N PiN ~~~ NNNNMNMNN~NMNN~~.-'~~~.~~~~~ 3 ~ NNN~nNNNNMNN» _ e _ c~r~ g ~ ~ E ~ n~m~e(myyagiRl~~sf~m$Oao`~°~mmg~nrmi~e3$rm-~~~ v v~~~ NNN~~N`Q~~ImV AmO GAO e`Ni Cif mOm~rv~a mmm~N~~~ Y/ ~Q ,OC NN~MNgNN N~-~~~~~~~NpNNMMMNN D (9 q g C~ N N M N N M N ® N y~ ~ ~ $ !Q 3Z r=i =MM mpm~ ~ ~EXi P ~~~°y,~m1~frym toyy{e~~i=~~~m~~2S ~mpN~my ~i $4a!m~O•-'c. (~y~m~~$mf~ppino~o 1~ W p C O~ 0 ~ 0 ~ O~ w NNpNNN~NNNNOr~ f m A OHO ~N~yy (mayv ({tom~` ~~ y M ~ Y pO ~•+ N X ~^ y~1~yNx p NNMNNNNNNgMNNNN~NYIN ~,t ]?pc( U ~ a O N ~ 6 m ml~ O~C'1 NGf m m N Pl Qs ~-NN 17 m ~ FN~~. m r ~~ osm ~~~m~o~~~a^<~~$~~a~m~r~s~~~m~ .~> °r C e~r ~Q ~i~~~~~~w~~m~H(~~HCminnemi'VNV Oyfin r~Qmpfp fmm• mw(p aOin~ y,° _ ~, O~~~~ M N N N N N M N N N N~ M N M N N g N$ N~ ~? G CO > E~ ~'ag p~ Q !!~~ $gQ$ ~s a q~q $m °~v~iffieri ~~o~~~ni9ia a°f_o~Nni~G~a~~bG Tin nv°'i aF~ O $ .^0.. O?~Q~ ~~CI Nl70f mrim mhmm010+O O.-"NOi"Pl a9 ~• .II LLl 6tbt ~ ~ ~ ~ O O m ~ _ m X N ~ _ ~ ~~ °°°°°°°g~~m$~~mRRg~~~8$S~~ONNfwV t10 Q O ~LL -r ~-NhMH/V n!~)01 A17 r1 f f f 0 ~ p a x~g~ ~.-~i ~i Ni wi a+ievfri r; rim fe~nwcu ri ai oim oidoo ~ # >NLL 9 `pQ~W~ pppp p ppp R(p~ N~(Oy~yNp(py pp pp SQ~ftt~~~ ~ b TWN N~iV NIV NI~NRfOVRNfVRNNtNOVOONNRNNOO~~NOfO ~W inspiration Fiscal Impacts on the City of Denton, December 18, 2006 Page 17 EXHIBIT 4 Current Zoning Map EXHIBIT 5 Planned Development 138 (PD-138) ll. !S ~l~u.i I.,~J •. . • ~„ :;? 1 ~; ,._ ~C'L *x .vw luw'raa. la unln .eq • [~vctowExs aw. un. oa: 0 0 fi ro r w a i i :~ c ,~~ ~ ~~~ ' ,- r. -- - __ ~_~ ~aa~t 1 t `" ~% , ' +;i ~ - _ ~r t .,t.. t.: ' ~ ., /- ~ ~~ : r 1 ~ 1 , . ~ 1 ~-1r ` - _1 ~ , ~ f __ r~ f: ~ ~, li i ' ., ; ,` , . ~ .+ ~ ~ ~~ ~` . ,d __.~~ ..1 s.- t ~. a i1 i S i ~`> + z o~ n was use cnm~ [_~ w.re..nY tCyoo ~osuq~l o Ib AC ~_ J! ~y per, 795 O AC ~ roa.+ x (BUS. -1 pow telualwan PM1 n.3 AC ruru. 9zo~ roc `:rti r -a i. _~/ ~$,• j- ~s~ ~. ~ ~: ~t luster Reitch f3llS111t.SS <<_, ~rnl IndusUial Park i 1111 I1MxMl uLG'ki1WWE1~'f Lt Ye i+QrlltlN IN ,+ W KIII (itf X}P 1 tNA PAY ]T~ 1~:!VPI ti!1f1M! 1 1 I' •t i! II~G ,t 1 EXHIBIT 5 Planned Development 138 (PD-138) EXHIBIT 6 Robson Ranch General Development Plan and Permitted Uses -- ~"~ Ca Ft .t" ~ R~~ ` ~ "~" ~ is ~ ~~ ::, --~-~_ tit. ..r '~, ` '~cs 'F {2 = ~ ~.a ao f~ ~~. i ~_~t,Z ,t _ ~ .i tr, ,,tu: *g u., M~l,fi ~`` tt} ~~''k4" .ilt`. • h L,t~ &"" - ' __ r Ins iration ,~ - , r" ~ 'J9 ,is. ~ ti t,t ~! i . ~ ~ ;J ~. - ~ ~-~%• i'• ~~ sir ~~ ~ ,it _r R ~ ~r a ? r r>k t ~ t /; -.~. ~''~ t..~,- '''z~l, r .Y'.~?r.''Sa, tC ~~t ~~t~ a~~ _ :c.~s ,. ~i\ ` ~~y ~- Robson Ranch Road ~` ~ ' ~ . ' ~ ~ [il' ttJ1,hIUl~A(F ~ .<.iV7 .V. ~~1':V:I .ti 1, 1 tlAl ;S1tC .V,: ~-2 ~. t. _ t -o ,. 1 ... _ ..... + ,.. u...... .., e - ..,. ai _...... II EXHIBIT 8 Future Land Use Map ~~1 i (~1~ ~t ~~l ~1 ~1 a ~ Jam!®®1„ d ~ ~~ _~ m~~ ~~~ y ~~ N ~~®~~_~~ 0 ~ a~ ~~ ~ i 1~ - ~ > >' ~ ~~ a 1., v a ~. 9 r ~ ~ ~ ,r ' ~]s ~; ~ J 9 c G C c ~ m ~ _ u G '.~ o ^~ L E ~a w i ~- --- - -- ~~~ $ rr $L r ~' ~ n ~ ~8 Y Y ~ ~ T S ~ ~ y ~ s ~ L ~ ~~~~~~~~ ~ a~ ~ a m~~ w ~ m m ~ ~ ~~ a oaoaoaaa ,\`~i `I~ 1, t _ ' ~~ ~~ ~ ~~. ` ~ IIa f. t i~ ,,,. ~~ a G ~' C X r s: u r s a < "` r ~~$ w o ~F ~~~ Q ~ YE ~~~ ~ ; ~~~~ Ji~.. S'c ~ ~~ ore '~ °o~g~ C d o rc. ~.: o v s~ u~" as Eo ~.:: m Z W W ~l~~~ S I o J ~JS ~ 1 lj ~ a ;~ ~ ~,~ i ~ ~:i~ ~~ ~ i3' ;;f ~~' ~ r~°1~ ppa fj _ ' 6 j=~; p~• ~~i ~ ~4ia1 !~ ~; N 0 Z W a Q N O z g R O C .~ a },r m N ~~ L Y ~ 3 N ~ C _~ ~~ _~ .~ _a :i: F J a Q < y Y y ~ V _ N _ . Z y W ~~ ~ N D Q O i~ iC~ q~8 S:g a ~Ai 4 ~' YYY Y ~ 4~ Q d i . '~ ° A A ~ N y •' d ~ a=i i ~ g yYQ Y 4Yp 9~ ~ A C ~ it ~. W Y Y Yy xi ~ ~ ~ Y ~ 4~ y ~ ~ ~ ~4 ~ ~ 1 a ~% 5% % 3a % V. %~r ~. ~~~'` 1 p a a tl ~ ~y i G F ~~~ i c~ ~ ~ ~ 2 ~~ ~~ g~ ~ $ ~ ~ O w < m o m ~ ~ a \~ i~~- ~~~ ~i /~ `{ ~ 1~ ` / s t ' .: e L ~ ~~ f~ N G C L '~ Q x W W .f ~.`_ ~\ '- -- _ - .~4, nor -y_ -- -1 I t' a ~I ~~tit' ~V .~~V EXHIBIT 13 Notification Map Public Notification Date: April 13, 2008 200' Legal Notices* sent via Certified i\4ail: 75 500' Courtes}- l~TOtices sent via Regular \~fail: 212 Number of responses to 200' Legal Notice ^ In Opposition: 21 ^ In Favor: 2 • Neutral: 3 Percent of land within 200' in opposition: <5 Note: Only property owners within the Denton City Limits were counted in numbers above. O Areas of opposition EXHIBIT 14 March 25 Neighborhood Meeting List of Attendees and Letters of Concerns March 26, 2008 Kathleen Wazny 9117 Perimeter Street Robson Ranch Denton, TX 76207 940-262-0250 randkwazny@hotmail.com Lori Shelton Planning & Development City of Denton 221 N. Elm Denton, TX 76201 Re: Robson Ranch Citizen Concerns Regarding A Proposed Development Dear Ms. Shelton: A new mixed-use development is currently up for review by the City of Denton and is located adjacent to Robson Ranch, the community where I reside. Last night the so they could voice their concerns regarding the new development. A summary of their concerns is listed below: Traffic Impact As the development plan stands now, there are three roads that will flow directly out of the new development and onto Robson Ranch Road, currently a narrow two lane highway with no shoulders, no streetlights, and no sidewalks. Residents of Robson Ranch, with 2,000 people, most of them retired, use Robson Ranch Road for ingress and egress to get to I35W. Although later phases of Inspiration will flow traffic out of their northern perimeter near the Ponder Exit, the first 5-10 years of development will flow traffic out onto Robson Ranch Road. Robson Ranch Road, in its current status, is unequipped to handle Inspiration, a high density development with a projected population of 40,000 people. This enormous influx of cars and trucks is unacceptable to citizens of Robson Ranch. In addition, the I35W intersection (where it meets Robson Ranch/Crawford Road) is currently a 4-Way Stop, has not and is also unequipped to handle a huge increase in traffic. TDOT approved a new interchange for this proposed new development. Citizens of Robson Ranch are extremely concerned at the likelihood of emergency equipment, i.e., ambulances and fire trucks, being stuck in traffic, at both the I35W interchange and also along Robson Ranch Road, and not able to get to Robson Ranch residents when minutes count. CITIZENS ASK FOR: A detailed Traffic Impact Analysis for both Robson Ranch Road and the intersection of I35W and Robson Ranch/Crawford Road. The Planning & Zoning Board should not consider approval for Inspiration until this Analysis has been completed and residents of Robson Ranch have been given an opportunity to study it and share their comments with City staff. Page 1 of 3 A Proposed Development Page 2 of 3 High Density As the plan stands now, 672 apartments are proposed in Phase 1A and 1B. This is a massive zoning change from the current zoning of NR2 and A, to a proposed NR15 and NR20. This density change is unacceptable to residents of Robson Ranch. It is completely out of character with existing residential neighborhoods that surround the area. Without a complete and total expansion of BOTH the I35W intersection and Robson Ranch Road, the jump to such high density is a public safety risk because of an inadequate road system. Regarding the entire development of Inspiration, there is nothing consistent with changing current land use from Agriculture to a 40,000 person, high density city. The developer is asking for a 600% increase in density from 2,500 units currently allowed, to 15,500 units. There is nothing consistent with adding 20,000 cars to an already clogged transportation system. Buffer Between Developments As the plan stands now, there is no buffer between Robson Ranch and Inspiration. Consider the retirement population of Robson Ranch and the probable residents of Inspiration as young families with children. Robson Ranch residents request a fence, as well as a raised earthen berm, with landscaping, along the boundary of the two developments. In addition, a school is planned adjacent to the border of Robson Ranch in Phase 6. We ask consideration that the school be moved away from the boundary with Robson Ranch, towards the interior of Inspiration. Police Sub-Station As the plan stands now, with 40,000 people, there is no provision for a police substation. Law enforcement officers will have to drive from Denton to service the project. Water The water line servicing Robson Ranch should not be tapped for this project. Before City approval, the developer must provide a detailed plan on water usage estimates and water requirements to service 40,000 people. The developer has failed to address sustainability regarding the demands on water/wastewater and utilities. Cities, including Dallas, are moving towards new building standards. Using the Texas A&M E3 model, a 15% energy savings 15 to 20 years, the time is now to require the developer to raise his building standards. Upland Areas The upland areas are segregated from the wetland areas by housing development. Wildlife in the upland areas need corridors to get to and from water (wetland areas) without traversing areas of residential housing. A Proposed Development Page 3 of 3 Wetland Study Phases 1A and 6 are adjacent to Robson Ranch and there are wetland areas in both Phases. Has the developer of Inspiration presented the City with a wetland study of this area? It should be required prior to approval. Storm Water - A storm water outfall is located at the northern end of Perimeter Street, in Robson Ranch, and it appears to drain directly into a residential section of Inspiration. How does the developer propose to direct this water flow through the residential area? Council in 2002. One of the major points, in this This proposed project is inconsistent with Denton and should be rejected by City Planners, the Denton Planning & Zoning Commission, and the Denton City Council. Thank you for your time and consideration. Please contact me with any questions, comments or clarifications. Sincerely, Kathleen Wazny cc: Perry McNeill Mayor Pete Kamp, District 2, May Pro Tem Charlye Heggins, District 1 Jack Thomson, District 3 Chris Watts, District 4 Bob Montgomery, At Large Place 5 Joe Mulroy, At Large Place 6, Deputy Mayor Pro Tem George Campbell City Manager Mark Cunningham Director Planning & Development Ron Menguita Comprehensive Planning Supervisor Chuck Russell Planning & Development Dawn Cobb Managing Editor, Denton Record Chronicle EXHIBIT I S Letters in Response to Notification NOTICE OF PUBLIC HEARING MPC07-0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 9, 2008 to consider making a recommendation to the Ciry Council regarding the rezoning of approximatey 3,331 acres of land from Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), Planned Development District No. 138 (PD-138), Planned Development District No. 139 (P0. 139), and Planned Devebpment District 174 (P0.i74) zoning districts to the Hunter Ranch/lnspiration Master Planned Community (Hunter Ranchilnspiration MPC) zoning district The property is generalty located on both sides of I-35W between Robson Rarx~ Road and Village Boulevard as shown on the attached map. The proposed rezoning will amend the existing Planned Developments P0.138, PD-139 and PD-174. The public hearing will start at 6:30 p.m. in the City Councl Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within one of the three existing planned _ developments that are amended by this zoning request, the Planning and Zoninq Commission would like to hear how yuu fezabout-fhTs7eyuest and-broiteryorr-to--aHerrd.thepubtic hearing.. Please note. this proposed rezoning wilt not change the zoning o/ The Vintage Subdivision or Country Lakes Subdivision. The only property to be rezoned as part of this request is the shaded area within the buffers labeled 200 feet on the attadred map. Please, in order for your opinion to be taken into account, return this form with your oommerrts prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fez it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Lori Shelton, Project Manager These fortes are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please ctrcte one: n favor of request Neutral to request Opposed to request Reaso Signature: U Printed Name: Mailing Address: ~~ City, State Zip: rjn~if~2z• TT.,,~ ?~~jj S Telephone Number. q~ir _ ~~'~~~~5~- Physical Address of Property within 200 feet: cirr of DENTON, TEXAS GTY HALL WEST • DEPfTON, TEXAS 76201 •940.349.8541 • (t7 940.349.7707 200•ARZ Np6cg NOTICE OF PUBLIC HEARING M PC07-0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 9, 2008 to consider making a recommendation to the City Council regardirxl the rezoning of approximately 3,331 acres of land from Agriculture (A), Industrial Center General (IC-G), Neightwrhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), Planned Development District No. 138 (PD-138), Planned Development District No. 139 (PQ 139), and Planned Development District 174 (PD-174) zoning districts to the Hunter Ranch/Inspiration Master Planned Community (Hunter RanchJlnspiration MPC) zoning district. The property is generally located on both sides of I-35W between Robson Ranch Road and Vntage Boulevard as shown on the attached map. The proposed rezoning wiN amend the existing Planned Developments PD-138, PD-139 and PD-174. The public hearing will start at 6:30 p.m ~in the City Councl Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within one of the three existing planned _ developments that are amended by this zoning request, the Planning and Zoning Commission would like to hear how you feel-about this7equ~st and ~inrritesyou to-attend-the-public=hearing- Pease :note- this proposed rezoning will not change the zoning of The Vintage Subdivision or Country Lakes Subdivision. The only property to be rezoned as part of this request is the shaded aroa within the buffers labeled 200 feet on the attached map. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number lopted at the bottom or mail it to the address below or drop it off in-person: _ - _ _-~__ Plannin_ g and Development Department -221 N. Elm ST _ ._..._~__ .. _ - -- _-• - .~`---- Denton,Texas 76201 Attn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. -_^~ Please circle one: _Y _ _. In favor of reque~ ,_NeuUal to request _ ,Opposed to request _ _ Reaso___ ~_ pposltion: _ - . --- ~---- .- Signature: .~ V Printed Name: Mailing Address: ~ City, State Zrp: r1 Telephone Number. ~I u - .~ ~ ~ -~i L(~,-, • 1 Physical Address of Property within 200 feet ~C~m _ ~ CITY OF DENTON, TEXAS CrtY HALL WEST • DEMON, TEXAS 76201 . 94p-349.8541 • (F) 9x0.349.7707 ?00' Pb2 Notlce NOTICE OF PUBLIC HEARING MPC07-0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 23, 2008 to consider making a recommendation to the City Council regarding the rezoning of approximatety 3,331 acres of land from Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development District No. 138 (PD-138) zoning districts to the Hunter Ranch/Inspiration Master Planned Community (Hunter Ranch/InspiraGon MPC) zoning distriG. The property is generally boated on both sides of 1-35W between Robson Ranch Road and Vintage Boulevard as shown on the attached map. The public hearing will start at 6:30 p.m. in the City Councl Chambers of City HaII located at 215 E. McKinney Street, Denton, Texas. Because you own property within one of the three existing planned developments that are amended by this zoning request, the Planning and Zoning Commission would like to hear how you Teel about this request and invites you to attend the public hearing. Please note •----this=proMSed-rezoning-.in4-o4t-change-t!!e zor!ing of-T.he-_V.~ntage SUbdisrison..or_.Country_Lakes_- Subdivision. The only property to be rezoned as paR of this request is the shaded area within the lwffers labeled 200 feet on the attached map. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail H to the address below or drop d off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request ~pposed to request is for Opposition:, _ , , - ~ _ A ~ ~ , , ~ ~, ~ Signature: _ Printed Name: ~ =;. rz~. Augd r -,;~ -;, 50-t Perimctcr Si. -, Mailing Addres: ~~Dcwon. TX 76207 '- City, State Zip: Telephone Number. ~ ~~ 016a ~ ©~r.1 fl Physical Address of Property within 200 feet: CITY OF DENTON, TEXA$ CITY HALL WEST • DENTON, TEXAS 76201 •940.349.8541 • (F) 940.349.7707 NOTICE OF PUBLIC HEARING MPC07-0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 9, 2008 to consider making a recommendation to the City Councl regarding the rezoning of approximately 3,331 acres of land from Agriculture (A), Industrial Center General (IC-G), Neighbofiood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), Planned Development DisUid No. 138 (PD-138), Planned Development District No. 139 (PD- 139), and Planned Development District 174 (PD-174) zoning districts to the Hunter RandUlnspiration Master Planned Community (Hunter RanctJlnspiration MPC) zoning district. The property is generally lopted on both sides of I-35W between Robson Ranch Road and Vintage Boulevard as shown on the attached map. The proposed rezoning will amend the existing Planned Developments PD-138, PD-139 and P0.174. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within one of the three existing planned developments that are amended by this zoning request, the Planning and Zoning Commission would like to hear how you~7ee7~abo~iiis requl'st and-fivitss-yvu•to attend-the public headru,~-Please note. this proposed rezoning will! not change the zoning of The Vintage Subdivision o~ Country Lakes Subdivision. The onty property to ba rezoned as pan o/ this request is Ne shaded area within the buffers labeled 200 feet on the attached map. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the pubfic hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax k to the number located at the twttom or mail it to the address below or drop ft off in-person: Planning and t>evelopment Department 221 N. Elm ST Denton, Texas 76201 Attn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percerrt of responses in support and in opposition. Please circle one: In favor of request Neutral to request Opposed to request Physical Address of Property within 200 feet CITY OF DENTON, TE7G4S CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.r1sa1 • (F) 940.349.7707 - 20(J'PdZ NOACe City, state Zip: ~~y1e T?C ~~022~0 Telephone Number. FROi ..---. .Flax N!]. :94024 Apr. 10 2008 09:Sfirirt PS .~.,---- NOTICE OF PUBLIC MEARIN6 MPCOT-0001 Tha Planning and Zontng Commissbn of the City of OerAon w01 hold a public hearing m Wednesday. Apt ~, ~ to consider making a recommendation to Use City Counal regarding the re~Onin9 of aopropmate-Y 3.331 acres of Iand from Agriwlture (A), Industrial Center General (tC-G). Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-t), Community Mixed Use Empbymerrt (CM-E). and Planned Davebpment DisVict No. 138 (PD-138) znn+n9 disVfds to the Ftunter Ranchflnspiretion Master Planned Community (Hur>ter RandNinspiration MPC) tordrxj district. The Property is generally located ~ both sides d I-35W Aetvreen Robson Ranch Road and Vintage Boulevard as st-ovm on the attached map. The public hearing wiA start at 6:30 p.m. in the City Crwndl Chambers of City Hall located at 215 E. McKinney Street. Denton, Texas. Because you own property withrn one d the three exfsting planned developments that ere amended Dy this Zonhg request. fhe Planning end Zorwng Comrrt/ssion would tike to hear how you feet about.thls re~uesl and invites you fo attend the Rrrblit bearing. Please mote this proposed rezonfrg win rat change fire zoning of The vintage Subdivision w t.ourrtry takes Subdivision. The only propeRy to be retuned as part of this request is the shaded anew within the butlers labeled 200 feel on the 8ttactred maW. Please, in order for your ophion to be taken into accatnt, return this fwm wth your comrnerttS pew t0 the date ai the pubi'ic hearing. (This in no way prohlbrts you /turn atte-rdirtg and partictpabng in the pubic hearing.) You may tax it to the rnrmber located at the bottom or mall it to the address below w drop a oti tn~erson: Planning and Development Depnrtrnert! 221 N. Elm ST Derrtorb Texas 713201 Amt: t.or1 Shelton, Project Manager Thew forms are used to calculate the percerrtags of landowners that stglport sad oppose the raqueat. The Commission is informed of the percent of responses in support and m opposKbn. . Please circle orw: ~ m fawn of request Neutral to rearrest used to request Ransotrs for t)ppositlon: ~t t /C I'AS~ Ru r(` Pi l~ )rX r~"+Y 1P A~/L•1 I'ni~~ ~ ~x. . hu.1 ~- r i OQtir Q[~iYOSS ~•i+~ 5~c~ ~~ ~ ~ ~ ` us r~~ is ~ A~cet}~}k ' Signature: ~Qy , ; ~2~:~Q Qr ~ ~"+ l fl P1'1 A t O ' Q `~ ~~ ~~ tom` p~~J ~ o, o_ I J r• M ~ Printed Name: YYl ~ ~~df~r'c~.'tY-~~t.•r eCd-. Mailing Address: 4'7gci S.tOnlli t~ wuJ~ ~r ~~- otCte~ City. State Zip: ~~ ~ !~° ' ' a~ ,~,,. ~ W Qa5 ?-rl Telephone Number: r{O a+1~ O~ie Q g ' 810to QYiA~ ~k' ~ U Ot.tn It? C Q Physical Address of Property within 200 feet: - y~ ~~ ~}iaS a1.~; ~~ ~ ' '~ ~ leNc~ ~` tlTY OF DEM~OJV, TE7[AS cm raft wt:sT • t>E-rrtxr, Texas >'e2ot • p40.3r.9.tt641 • (F) 9+o.3is.Tror _- vaiu~rzuua Ob:a6 FAE 817_212 97¢{ BAI.FF ASSOCIATES ®OOI NOTICE OF PUBLIC HEARING MPC07-0001 The Planning and Zorring Comrrdssion of the City of Deruon wi0 hold a public hearing on Wednesday. Apnl 9, 2008 to consi~r malting a recommendation to the City Counal regarcting the rezoning of approximately 3.331 aces of tared hom Agriattun: (A~ Industrial Center General (ICS), tVelghborhood Residential 2 (NR-2), Regiartat Cerder Residerrtial 1 (RCR-1). Community Mixed Use Employment (C-ut-E), Planned Development District No. 138 (Pi}738), Plarumd pevebprnent District No. 139 (PD- 139), and Plarured Devebpmertt District 174 (Pa174) zortvg dstrids to the Hunter Rench/inspiration Master Planned Community (Hunter Ftarxh/insp6atron MPC) zoning district. The pmPertY is generally heated on t>oih sides of I~SW between Robson Rarxh Road and Ymtage Boulevard es shown on the attached map. The proposed rezoning wiY amend the existing Planned DevelOpmer>ts PD-138. PO-139 and PD-174. The public hearing will start at 6:30 P•m_ in the City Council Chambers of City Hall located at 215 E. txx;r,ney Street, Denton, Texas. Because you own property wRhin av-e of the three existing planned ..devg/optnerrts that are amended_ by this toning request the !'farming acrd Zovring Canmission w0u1d like to hear how you~7eel'abo~ Eris riequest 8nd g,vftes-you to attend the pvhtrt•hearing. -R-eass trots . this proposed rezoning will not triange tl+e zoning of The Viradge Subdivision w Country Lakes Subdivislorr. The only pnaoerty to be retuned as paR of this request i4 the shaded an3a within the btrAers labeled 200 feet on the attached map. Please. 'er order for your opinbn to betaken inLO acoourrt, realm this form with your corrarrerris pnor td the date of the public hearing. (Th/s fi rw way prohibits you hom attending and partiploaDing in the public hearvrg.) You may fax ii tp the number heated at the bottom or mail it to the address below or drop it off in-person: t~lannMg ~d Development Department 2Z1 N. Elm ST fkrston, Texas 76201 Attn: Lori Shelton. Project Manager These forms are used to calculate the pereenta~ 04 landowners that support end oppose the request. The Commission is irtfomred of the percent of responses in support and in oppositlon. Please eircirt one: In favor of request Pterrtr-al to request t7PPosed to request _gsasons ar n: __ _ - -- - - .L:_- - -- Signanue: ~aQ. 2 E-(. -'f0~r - Prirted rune: k1, µ- Boy D MaiQng Address: S 9 I b 6(ZOO KS r P E D R.. City, state Tom: 14R.6Y t_E , TX `tezzb _ Telephone Number: _ 9 iF0' Sq"f ' (~3 7 . Pnys~cai Hda-ess of Property within 20o feet _ 591b ~RAgrsl D D~ ~t (.~i TX .'7b 22 6 C17YOFDrtMTO11~ TEXAS crrrrw.t.wEST • oEnrroru.rExas Ta201 • sao.s{s.es{i • (Flllao3as.7TOT ap•caz Kaa NOTICE OF PUBLIC HEARING MPC07-0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 23, 2008 to consider making a recommendation to the City Council regarding the rezoning of approximately 3,331 acres of land from Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2). Regional Center Residential 1 (RCR-1 ), Community Mixed Use Employment (CM-E), and Planned Development District No. 138 (PO-138) zoning districts to the Hunter Ranch/inspiration Master Planned Community (Hunter Ranch/Inspiration MPC) zoning district. The property is generally located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard as shown on the attached map. The publ'~c hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E_ McKinney Street. Denton, Texas. t3ecause you own property within one of the three existing planned developments that are amended by this zoning request, the Planning and Zoning Commission would _ _fike to hear how you feel about this request and invites you to attend the public hearing. Please note f~ proposed iezorirng will not' cifange'lire zaning~of The-Vmtttge-Subdivision-or-Gounfry-.LakE~s_ Subdivision. The only property to be rezoned as part of this request is the shaded area within fhe buffers labeled 2()D feet on the attached map. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number lopted at the bottom or mail it to the address ltebw or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. ' Please circle one: In favor of request Neutral to request pposed to requ Reasons for Opposition: ~.~o~f- uw-•f Co.•-~e~c:a~ ffnw~{ '("~ee nrec. ~t ....%r( r.. y~-f1c q~eoS se •t"~ r, w `yt,y~pe/FJL~.. -_ """'~- ~ZtA Signature: ~~~'+~.~ m (.r,..a.,.. Printed Name: 1 ~D° 2 c di1 1 1•vSe-. Tf Mailing Address: (~D[~- t~arjzj,&tcr,/~f City. State Zip: ~~y/p I TX 76 ~ a1o Telephone Number. q'/0 - yb S~ 03 9 2-- Physical Address of Property within 200 feet: ~.c.-c p~ n,fxue CITY OF DENTON, Ti~J(A$ qTY HALL WEST • DEPtiON, TEXJiS 76201 •940.349.8541 • (~ 940.349 7707 Yk?'PdZ :'cY_a NOTICE OF PV6LIC HEARING MPC07-0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 23, 2008 to consider making a recommendation to the City Council regarding the rezoning of approximately 3,331 acres of land from Agriculture (A). Industrial Center General (IC-G}, Neightwrhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development District No. 138 (PD-138) zoning districts to the Hunter Ranch/Inspiration Master Planned Community (Hunter Ranch/Inspiration MPC} zoning district. The property is generally located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard as shown on the attached map. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within one of the three existing planned developments that are amended by this zoning request, the Planning and Zoning Commission would tike to hear how you feel about this request and invites you to attend the public hearing. Please note -this proposed-rezoning-will-not change=the zonarg'of-7Se Vintage-SODdiJision or Country "Lakes -' Subdivision. The only property to be rezoned as part of this request is the shaded area within the buffers labeled 2f)<J feet on the attached map. Please, in order for your opinion to be taken into account. return this form with your comments prior to the date of the public hearing. (This in rto way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Ptanning and Development Department 221 N. Elm ST Derrton, Texas 76201 Attn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposFtion. Please circle one: _ In favor of request Neutral to request Opposed to request Reasons for OpposHlon: P2ooosEa >1~Et~~zaPrc,~~r% wau~A ,4Fla% ~"lilt T • Signature: Printed Name: p,E7~ 1 ••~ Mailing Address:rI / 6q PER IrurrTk/1 S/ City, State zip: O~oxr T~X~-S 760 7 Telephone Number. grra a 6•L 3 / ~ ~/ n Physical Address of Property within 200 feet: X714 4 P~kluti.rZ S CITY OF DENTON, TIXA$ CITY HALL WEST • DENTON. TEXAS 76207 • 940.349.8547 • (F) 900.349.7707 NOTICE OF PUBLIC HEARING MPC07-0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 23. 2008 to consider making a recommendation to the City Council regarding the rezoning of approximately 3,331 acres of land from Agriculture (A), Industrial Center General (IC-G}, Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development District No. 138 (PD-138) zoning districts to the Hunter Ranch/lnspiration Master Planned Community (Hunter Ranchllnspiration MPC) zoning district. The property is generally located on both sides of 1-35W between Robson Ranch Road and vintage Boulevard as shown on the attached map. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street. Denton, Texas. Because you own property within one o/ the three existing planned developments that are amended by this zoning request, the Planning and Zoning Commission would tike to hear how you feel about this request and invites you to attend the public hearing. Please note __ _._this_oroppsed_rgzon~_will not change_the zonin~of_The Vfnta~e_Subdivision or Country Cakes _ Subdivision. The onfy property to be rezoned as part of this request is the shaded area within the ' buffers labeled 200 feet on the attached map. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. ~sP-ctretaon . In favor of request Neutral to request Opposed to request Reasons for Opposition: ~----- Signature: ~-~ / \ ~ I~4~1l,~0~ i Printed Name: S~ ~ (~ Go1~ ~ura.~y t L~ Mailing Address: S-~ ~ S ,-S ~ e. Y v ~.. LyA I ~ ~Q City, State Zip:~~ (~ s .. ~ ~ D 77 T Telephone Number. 2 ~ ~ 'Z 3 5 , 'L ~ .~'~ Physical Address of Property within 200 feet:~~ ~~,'S~ ~- hlo.~o ~~~ C1TY OF DENTON, TDCA$ CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.854 t • (F) 940.349.7707 APR-23-2038 09: a8 i•ROn:RENAIS5tY4"~ (xNTRACN 817x300874 T0:4403497707 P.001'001 NOTICE OF PUBLIC HEARING MPCO7-0001 The P1anring and Za+ig C.orrrrtissiarl d fie ~ d t>erOon wi! hob a putic hear on Y• Ali 2A. ~i b mcsida cttekicg B wort b the (~ l.owtei regardrg ere ~9 d ~V~f 3,,3'31 aces d bd torn /tgita!Ase (A}, tndtr~id Cater General (1C-G~ Na~ibartaa! FiA 2 (tR-~. t~Byone! Crabr fie~dertBal 1 Ef~/7. Cansnu,~ 1~0 USB Empbyrtient (p~f-E~, and P~ted Oerelopmert Obtrid Ib. 138 (PD~13~ aorirg drsxrieb b Qie Fier RartctYlrtspiration tAastet Ptamled Comrrwnlty (HurRt•r Rarlctlttrlspiratwn -lP(.`I zDrlktg distl'tct The DAY ~ g~~Y loCa'ted on tiattt sides of {-35V1+ bsiwreerc Ruy';on !tar.~1 Road and Vintage 8otteward as shown On the attartied trtap. The ptrDlit hearirfg win start at s.3o p.rrL ~, the City Caunoit Cttantbers of ~ ttad lo~c1 at 21s E hAciCinney Street Gezien, Texas_ ceC8u58 you O;tn a+vpety •r+~tfcin orre of the three exerting Planned deveroprrt¢ncs tnai are amended oy tisis inning request, the Pt3nning and Zuring Commtssio.~+ :vcutd t~ce to hear how' you feet about this request en0 iJlvihs you to ar>cend cite PuDlit: hear!ng. Pteasc note !ts%s prh~e0 r»zarerra w+tf•nt:t change the zonin; of The Yrntage Sutxt%vcson Or Cournry Lakes S::bdiv?cion, TttC anFj pmpertr !o Ne r°<oned as per, of !hfs rPouest is the shadeC area iwithin the ~.....,.t,~.,_ _....._ -<±~ ~ 'J,, .'an? ~n ,7:g a?t~C'+9t'r..g~. ?I2a~, in c-tle~ t~x :~*.r ,rEnion t~ ~.e a<en n~to 3cccu •. -_•-•~ !ni_e f .. i!h .h e...7 /!e!Rra!~t e~ ~fY~{ 1A t1Y• {+']'++ ~f li::o M4F'~f i'4CC^riM fT*IS Ir nC W3~ =~~r!.'$S yvu .i ..... n. v ~ :^y u .: j.i..~+.::r.,::' tr. i.7e '•r`!:~ Y,t. ', fa. r •~m.° nsrmROr ~r_i?n ~! 1^ _ ~ti001 0.' iitSii ii'iii `u`ic nciu'i855 i`r-'v:'r ui v`:T+y n w y:-y2ra~•'7: Planaity arlo Dereioprttant t~eparfsneat 22i 11. FJr.I ST Delllon~ Tetaa 7~1 Attn: trod Prv~ect ~ These Corms are used Eo caterda~te the paLecrtage o! IanQowtters that sxrppOrt and oppOSe the requi•SL is:'? LvTuT:iiiin?r: I~ iflTGi ~QC 6t L'tE j+i:• c ~: d feSEK.;tac^.3 in 5u~Oti ?. ~ In ~~S~SQn. Plaax CiiM one: to k~vor of request 1Je>~r'a{ to request Apposed b r hr Oppost6vrr-. fLO Pv~En ita <,..v ~+6a.7' of ~+t.r'-Eb ~4Q $iq!iat11f6: 1N~aiSt1C~ Alldtes.: 62 O .Qo. . City. state ~ A«r~E Tt 7L72.E. Teiepiwr~ tW:mt>er: ~ 4YG -32tr- ta45 °t:yslG3! AQdrss° c` ?t*xr+erty wRhin 20!1 feet: 6 2Sr /1~~•er. }Po. CITY OF t7PNTON, ?OCAS crr. xtl. wzsr • t>£ttroty, ~..xns 75?A1 • s.o.s.s.sse+ - rc) sao.3.s.nm roc ?az ~- fiPR-lA-2008(NON) ~3~16 UOCO P. 001 NOTICE OF PV6LIC HEARING MPC07-0001 The Planning and Zontrrg Commissbm d the City of Denton wAl hold a pubOc nearfr+g on Wednesday, AprEl 23, 2008 m eor~sider making a recomrwn m the Cky Coundt regard}ng the rezoning of approodmately 3.331 aces of land tram Agtkadture (A~ IndusUial Center Genera! (IC-G). Neighborhood Res(derttlal 2 (NR-Z). Regional Center Residential 1 (RCR•t ), Communky Niboed Use Employment (CM~E). and Planned peveloprnent Olsblct No. 138 (Pa738) aoMng d>stri~ b the Hunter Ranch/lrtspiratlon Master Planned Community (Hunter Rartchnrupiradon MPC) zoning d[stritK. The property Is generaily located on bott+ sides of 1.35W between Robson Ranch Road and YaTtaga Boulevard as shown on the attat3sed ma0. The pubec hearfrtg w91 start at 630 p.m. in the City Coundl Chambers of Cky Hall lowted at 215 E MdWney Street, Oenton, Texas. Because you ovr-t property wdhin one of the three e>sating planned developmerKS that ate amended by this mrring~re4usst. the Ptanrwg and Zoning Commission twoWd dke to hear how you feet about this request and invites you to attend the public hearing. Areese note this ~ proposed rezoning w,0 net change 'the sonktg of 77-e- Vrntage Subdi-~sion ~ or Cotrrrtry Lakes Subdivistort. The ony property ro be rezoned as pan d this request fs the shaded area within the buffers labeled 200 feet ort the attached map. Please. In order for your oplrtior to be taken Into aocamt n:tum thts form with your cmrtrrtertts prior to the dale of the put>5c hearing. (1'h;s in rto way profiitlits you liorrl attendrng and parGtipatiRg in the public hearing.) You may tax ft to the number bpted at the botflom or mall k to d+e address below or drop h off In-person: Planning and Dev~lopmrant Department 221 N• qm ST Denton, Texas 76207 A!!n: Lori Shelton, Project Manaye- These fortes an used to calaAa~ fire percerRage of taneowners tl+at support and oppose the request The Comm~On is informed of the perzera of responses h supper ors! in opposition. Please airete one: In favor of request Neubal to request Opposed to request Reasarts fw pposrdon: signature: t/~ ~ • " ~f~/ - Prtnted Nama: nDM(~ DLIT~rr{ Maiprx,) Address: '7001 PRFCtlaJ R.D ;~ .S ,ttfG_ sty. state ap: Telephone Number. 21 Physical Address of Property wkhtn 200 feet ~ 6'"'~ ~~"'~ . ~ ~ ~..~~cs ~'' cl • /Z w v CITY QF ~TQ~Vi 7~7CAS QTY tY1u W6S'T • t]6ttTOI/. TEXAS t+620T • 1140.3t0.B541 - (~ 9W.349.T'r01 200'Pd2 Wfkr NOTICE OF PUBLIC HEARING MPC07-0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, Aril 23, 2008 to consider making a recommendation to the City Counal regarding the rezoning of approximately 3,331 acres of land from Agriwlture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development District No. 138 (PD-138) zoning districts to the Hunter Ranch/inspiration Master Planned Community (Hunter Ranch/lnspiraCion MPC) zoning district. The property is generally located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard as shown on the attached map. The public hearing will start at 6:30 p.m. in the City Counal Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within one of the three existing planned -..devebprrsnts tt;at-aro a:Wended by-phis-_~ning-request,_the_P_tanning arutZonictg.~emmissiolLwould_;,_,_ _, • like to hear-how you feel-about this. request and imrites you to attend the public hearing. Please note this proposed rezoning will not change the zoning of The Vintage Subdivision or Couhtry'Lakes Subdivision. The only property to be rezoned as part of this request is the shaded an:a within the buffers labeled 200 feet on the attached map. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating fn the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Opposed to request Reasons for Opposition: - - -~t'L~¢_ 4~~a7"~. Cep=~'= ----- ` - ----- -- -------- ----. Signature: ~~ Printed Name: Q"~ ~' r 1 ~~~ Mailing Address: Q~1 >~ >;T f ~r:-T city, State zp: ~_7'FaIJ TX ?lr 1.07 Telephone Number. ~ z - ~ b Physigl Address of Property within 200 feet: 9 113 1sR I1Yt 1 CITY OF DENTON, TEXAS cm HALL wEST • DENTON, TExAS 76201 •94().349.8541 ' (FI 940.344.7707 ZLZT r8Z l:,xica ~ ~-- Aprit 4, 2008 Planning and Development Department 221 N. FJm Sveet Denton, Texas 7b201 Attn: Lori Shelton, Project ivlanager ~Ye are opposed to the request for the following reasons: Tke population density of the proposed communrly rvtTl be greats than that o j~ e~,~g eoxuxuxity and neighbarhoo~ and flora orrt of conjorxtatrce to i[ Ahhoue the zoning requested in the Land Use Ptan of h`R-4 immediately behind our house is in line with the zoning of Robson Ranch, the population density of Robson Ranch is inherently limited by it being an adult community, with no more than two people in the vast majority of its housing units. The population density of each unit in the new development has the potential of being much greater, obviously increasing the overall population density of the community. Additionally, a request for NR-b and even hi er densities not far from us will have a rllover effect on our hosts and which abuts the existing houses on Perunete~r Sti PfOP~?X ~ µ'ii1 the proposed park eei, and't}ie requested Tu'tuie elemeritay`school"just north ot'us.° ` "' The absence ojcovexarrtc and restrrcliana in the Laid Use Plan ojt/re new development doer not conjosm m the already eusting community of Robwn Ranck The requested zoning would permit a back yard adjacent to mine with yellow plastic swing set, blue trampoline, bikes behind a shed, and an ATV in from of it. Robson Ranch has covenants and restrictions which serve to protect the value and enjoymem of private property. The Land Use Plan comains no such covenants or restrictions, and provides no physical or visual buffer to my Property, thus lowering its value and my enjoymetrt of it. The zoning request should not be approved tuiless covertanis and resvictions aze created to mesh the physical appearance of the development with the existing community of Robson Ranch. No resriicliona ax the ht brr' Iraq of tldirtga in the new devdopment are coxtairted in the Land Use Plan. The section of Robson Ranch adjacem to the proposed developmem consists exclusively of one story houses. Houses oa any street adjacem to Perimeter Street, should also be restricted IO one story. There is no provision ix the Land Use Plan to prevent ehildren and atho residents ix the new decrlopmex~ from accessing Robwn Rencb and tksaufiing arrrpnmey andP^aPe+tY- .~ zoning request should not be approved unless physical and visual buffers are established to screen and physically pmreu the aleady existing community. of Robson Ranch. ----77reresa auinodcyrl~.rrrrmb~~Pro~r., fiddS.aad develapmext Parks, fields, !a Pla3g"t2srrppartlht~~~=~~-P~R~!/ -- they are less likely to disturti the already existing adult~oommunityp of Rob on Ranch~~ of the developtnem where 7Tierr is no injrnstrrrctrtre ix place m support ~e /trspirakox dtnelopnttrr~ ` which the ox corridor to Robson Ranch jor emergency vehicles xray be diuupted The ordy entrance to and exit from Robson Ranch is Robson Ranch Road. The sheer magnitude of the Inspiration developmem makes it likely, that once it starts, it will be ongoing for many, many Years- During that time Robson Ranch Road will deteriorate from overuse by increased traffic of heavy conswction vehicles, may well become congested, and quite posst"bly increase the response time of emergency vehicles to Robson Ranch. Any commencemem of the development should be postponed umil the infrastructure concerns have been adequately addressed, and appropriatevnprovemems to the infrasvtchue made. It is essential that the corridor from fire station seven to Robson Ranch remain unimpeded. James E. and Betty A. Erickson 9113 Perimeter Sveet Denton, TX 76207 i•ROy FRX -~• ~ Oct. 21 290Ca 12:02Gri Pl NOTICE OF PUBLIC HEARING MPCOT-0001 The Planning and Zorring Commission of the City of Denton w81 hold a public hearing on Wednesday, April 23. 2008 ro consider making a recammendalion to the City Coundl regarding the retuning of approximately 3,331 acres of land from Agriculture (A), Indushiaf Center General (iC~), Negtlborhood Residential 2 (NR-2), Regialal Center Residential 1 (RCR-1), Community Mbterl Use Empklyment (CM-E), acid Planned DeveklpmeM Distritt No. 138 (PD-138) zoning districts to the Huller Ranch/inspiration Master Planned Community (Hunter RartdUinspiration MPC) zoning district. The property is genera9y located on troth sides of i-35W between Robson Rerlch Road and Ytntage Boulevard as shown on the attached map. The public hearing will start at 6:30 p.m. in the City Couna'1 Chambers of City Flatr located ~ 215 E. MdCinney Street. Denton. Texas. Secavse you awn property within one or the Mree existing planned developments that are amended by this zoning request fhe Pfanrring and Zoning Canmission woukd like to hear Aow you /eel abaft this request and irrvr7es you to attend the pttbllc healing. Please note this W'bPo~ 2zorrinq wfll rx# drange the zoning ar The Vintage •SLbdiviskm ar Coventry Lakes Subdivision. The only pn~perfy to be rezoned as part ar tnis request is the stladed area widlin the buNars labeled 200 reef an the at6edred map. Please, in order tier your operion ro be taken mto acxount, return this faun with your oortxrlerns prior ro the date of the public hearing. (7his in no way prohibits you hrun attending and participaltng in the perblic nearing.) You may fax it to the number located at the bottom or mail it ro the address below a drop it off in~erson: Planning and Development DeparUnerlt 227 N. Elm ST Denton, Tellas 76201 Attn: Lori Shelton, Project Manager These forms srs used to eslcvrlate the percentage of Landowners that support and oppose tfie • The Correrlissbrl is informed of the Qersent d responses in support and In opposition. Please drele one: In favor o! req~tute~st Neutral ro request Opposed to request Re rata a op~pt ~hS(rhot l~ : '~t rn i~r~a, signature: ' ~<~.• ,~n, ~-r Printed Name: (111(1 ~YIA~ Mailing Address: art S. ~7111i1~2 YQ ~_ A1~C 15L ~Do70~~0 City. State 73p: ~.~ ~e ~ TX lacZ (n Telephone Number ~ Physical Address or Property within 200rest: - ~K r I /~ l u~( CJTY OF DENTON, TEXAS txTr rout wtasr • oe-rrorl, Tovs 7azot • 9W.3W.05~/ - ~ 9oa.sea.rrm ac•aaz rte. NOTICE OF PUBLIC HEARING - ~-- --- - --•-~--~ ---°- - ----~--- - .. _ ~_ ... -.MPC0T-0001` --- - - ~ --- -- - -- - - ----- -~ - The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 23, 2008 to consider making a recommendation to the City Council regarding the rezoning of approximately 3,331 acres of land from Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development District No. 138 (P0.138) zoning districts to the Hunter Ranch/Inspiration Master Planned Community (Hunter RanchAnspiration MPC) zoning district. The property is generally located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard as shown on the attached map. The public hearing will start at 6:30 p.m. in the City Councl Chambers of City ball located at 215 E. McKinney Street, Denton, Texas. t3ecause you own property within one of the three existing planned devefopmerrts that are amended by this zoning request, the Planning and Zoning Commission would like to hear how you fee! about Phis request and invites you to attend the public hearing. Please note t~iis proposed rezonrn'gi>rrTnoT-rage fhe-zoning of-The"~riiage SubBivis7on`"dr "Couritry'rKe`s- Subdivision. The onty property to be rezoned as part o1 this request is the shaded area within the buffers labeled 200 teat on the attached map. Please, in order for your opinion to be taken into account, return this form wkh your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail tt to the address below or drop tt off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed Of the percent of responses in support and in opposition. _ _ _ _ _ _ _ _ _ - .Please circle one:- __ _ n favor of request Neutral to request Opposed to request Reasons r pposition: Signature: f'•v Printed Name: 'Y1 - Mailing Address: _ r " - . Telephone Number. Rat d - aba - o ~r O Physical Address of Property within 200 feet 4 S t 3 P,'meu~vo~ ~-o R.e t• wo S So [cf 2fr~ ~ (HoYe~+ CITY OF.DENTON, TDCAS GTY HALL WEST • OENTON, TEXAS 76201 •940.349.8541 • (F) 9x0.349.7707 Y,iJ"rGZ n';;~ce 04/11/2008 88:18 8178ii90981 IRO~LAFE7 PAGE 81/82 NOTICE OF PUBLIC MEARIN6 MPC07-0001 The Planning and Zoning Commissbn d the City d Denton wifi hold a pudic hearing on Wednesday, April 23. 2008 to consider mafdng a recommendation to the CFty Council regarding the rezoning d approbmat~y 3,331 acres of land from Agrialtture (A), Industrial Center Genera! (ICS), Neighbofiood Residential 2 (NR-2), Regional Center Residenfial 1 (RCR-1), Community MGxed Use Emplaymarrt (cM-~), and Planned Development oistr;ct No. 13a (Pa'138) z«,tny dfstrids to t1+6 Hunter Ranch/inspiratbn Master Pbnned Community (Hurler Ranch/insphation MPC) sorting d'~strict The property is generally boated on both sides of 1-35W between Robson Rerun Road and Vintage Boulevard as shown ort fhe atfed'-ed map. The public hearing wdl start at 8:30 p.m. b the City Courxal Chambers d City Hall boated at 215 E. McKinney Street. Denton, Texas. Because you own property twNhtn one o/ the thrt3e existing planned developmer>ts that are amended by this zoning request, the Plartrting and Zoniry Commission would Eke ro hear how you feel about this roquest and invites you ro attend the public hearing. Please note this proposed rxrzoniog w~.aot. change the zonin¢oa` the Yrntage-Subdivisi9!t_ or• Country Lakes Subd/vision. The only pNpeRy ro be rezoned as paR of tYtis request is the shaded area within the butlers tebeled 200 feet On the attadted map. Please, in order for your opirdort to be taken into account, return this form wfth yow comments prior to the date d the pudic hearing. (This in no way prohibits you Iron attending end participat6tg in the public hearing.) You may tax it to the rxanber located at the bottom or mail it to the address below or drop it off in-person: Planntng and Development Oeparbnerrt 221 N. Elm ST DerKOn,Texas 76201 Attn: Lori Shelton, Project Marwger These forms are used to caludabe f}te percentage of latdowners that support and oppose the request The Commission is irrfonned of the percent d responses in support and in opposition. Please circle Dire: In favor d request Neutral to request to req Re ons for ~pposHion: ~1,,>.~,7tdl d..~s~l Vuxs~ c~+ns~ ~~~`- ~,,ti,~,~SttD,.t signature: ~ ~ ~ - ~ ~g Printed Narr~: /¢-~~rNi e,t' ~, F{Cr~iG Mai6ngAddress: DSO l PBr+mC~"er St4 City. State 23p: ~en+brt Tx 7 ~ Z d '1 Telephone Number. ~l `f ~ - a(. ~ - 0 3 it 3 Physical Address of PropeRy wttttkt 200 feet ~.~ ! Per ~ rrt~er sfi CITY OF DENTON, TEXAS crrY FIntL wESr • ot:xror+, TexnS rs2ot • sao.3ae.eset • ~ s~o.se9.nor ZAY PdZ Npa.'v NOTICE OF PUBLIC HEARING MPC07-0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, Aril 23, 2008 to consider making a recommendation to the City Council regarding the rezoning of approximately 3,331 acres of land from Agriculture (A), Industrial Center General (IC-Gj, Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Empbyment (CM-E), and Planned Development District No. 138 (PD-138) zoning districts to the Hunter Ranch/Inspiration Master Planned Community (Hunter Ranch/lnspiration MPG) zoning district. The property is generally located on both sides of I-35W between Robson Ranch Road and Vintage Boutevarcf as shown on the attached map. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall boated at 215 E. McKinney Street, Denton, Texas. Because you own property within one of the three existing planned developments that are amended by this zoning request, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please note this-prvposed-.'ezcning :will-not-change-the-zoning-~of--Fhe~'Jintage Subdivision-or-Country lskes Subdivision. The onty property to be rezoned as part of this request is the shaded area within the buffers labeled 200 feet on the attached map. Please, in order for your opinion to be taken into atx:ount, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.} You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. eesce+r~lle one: In favor of request Neutral to re~u ,str Apposed to request for Opposition: Signature: vow Ras~ret Printed Name: ~ Ern6 evsoks-ee yr 2 22e6 Mailing Address: am-e64-76ae City, State Zip: Telephone Number. Physical Address of Property within 200 feet: C17Y OF DENTON, TEXAS cITY rwu wesT • oerrroN, TexAS ~s2ot • sao.3as.tlsat • (F) sao.3as.r7or zm•nsz rmc:= NOTICE OF PUBLIC HEARING MPC07-0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, Aaril 23, 2008 to consider making a recommendation to the City Council regarding the rezoning of approximately 3,331 acres of land from Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development District No. 138. (PD-138)_zoning_ districts to the Hunter - Ranch/lrispiration-Master Planned Community (Hunter RanctUlnspiration MPCj zoning district. The property is generally located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard as shown on the attached map. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within one of the three existing planned developments that are amended by this zoning request, the Planning and Zoning Commission would Gke to_hear how yqu feel about_this request and invites you to attend fhe public hearing. Please note - -~ " - this proposed""rezoning "wiil-not changes the -zoning-of The ~r,7age-Subdivision or Gct.»U}r-Lakes - - " Subdivision. The onty property to be rezoned as part of this request is the shaded area within the buffers labeled 200 feet on the attached map. Please, in order for your opinion to be taken into account. return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 -~ -- Attn: LorTS~hon, Pioje`ct 6Aanager ""------"-"--_-"'-~ -- These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Opposed to request Reasons for Opposition: NIGH l7FdSrrr POPt/L f>'T~ e,J A-rJD EASY yJ A-L}Gt NCa - -- -~-Cc-ESS'--- , o -- PRcykT'1=-~ ~ ~tin7-"1~~-(~@~j-s~„Ra-,+-~-~---- -- ,.- Signature: , / Printed Name: ~M ~ ~.o war t Its n n a.y Mailing Address: 9 3 O'~}- Peri Mel er S{-. City, State Zip: 17 ~^ '}° ~ . T X T (~ z-o 7 -- _. "Telephone Number. ^ol `i'O - iG 2 ""= 2= ~-3 Z>"-' `...._ _~_ __---- --__-- -- ----- - Physical Address of Property within 200 feet: 9' 3 0 ~ ~e7+t.....eJ a('".~. ~ CITY OF DENTON, TEXAS GTY HALL WEST • DENTON, TEXAS 76201 •940.349.6541 • (f) 940.349.7707 ?ti+J' o.`.ZT:a`'cs NOTICE OF PUBLIC HEARING MPC07-0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, Aorll 23. 2008 to consider making a recommendation to the City Council regarding the rezoning of approximately 3,331 acres of land from Agriculture (A), Industrial Center General (IC~)• Neighlmfiood Residential 2 (NR-2}, Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development District No. 138 (PD-138) zoning districts to the Hunter Ranch/lnspiration Master Planned Community (Hunter Ranchllnspiration MPC) zoning district. The property is generally located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard as shown on the attached map. The public hearing will start at 6:30 p.m. in the City Council Chambers of City HaII located at 215 E. McKinney Street, Denton, Texas. Because you own property within one of the three existing planned developments that are amended by this zoning request, the Planning and Zoning Commission would like to hear how you feet about this request and invites you to attend the public hearing. Please note --thisproFbsed: ramnirrg=witl~tot change the. zoning of_The_~ntage_Subrlivision. w_Country.LakesL_ Subdivision. The onty properly to be rezoned as part of this request is the shaded area within the buffers labeled 2(10 teef on the attached map. Please, in order for your opinion to be taken into account, return this form wfth your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail a to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request posed to request Reasons for Opposition: l (^ C~ ~ ~n ~-ori c neor -Frar.~ reco.~,~ Qy-~,g ~_~ a S~nlr.~lC. Signature: `~ ~~ _.~~ ~~ t~-as ~ or 7-88 , Printed Name: Robert ur.,a Mailing Address: ~31L Per~.Me~er City, State Zip: ~e ~~ n ~ ~~_ ~1 ~ 2.07 Telephone Number: q 4 D Zg 6 3 18 g Physical Address of Property within 200 feel: ~3 C/TY OF DENTON, TEXAS CITY HALL W EST • DENTON, TEXAS 76201 •940.349.8541 • (F) 940.349.7707 3:..: • =az nmsr NOTICE OF PUBLIC HEARING MPC07-0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 23, 2008 to consider making a recommendation to the City Council regarding the rezoning of approximatery 3,331 acres of land from Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Empbyment (CM-E). and Planned Development District No. 138 (PD-138) zoning districts to the Hunter Ranch/Inspiration Master Planned Community (Hunter Ranch/inspiration MPC) zoning district. The property is generally located on both sides of 1-35W between Robson Ranch Road and Vintage Boulevard as shown on the attached map. The public hearing will start ai 6:30 p.m. in the City Council Chambers of City Hail located at 215 E. McKinney Street, Denton, Texas. Because you own property within one of the three existing planned developments that are amended by this zoning request, the Planning and Zoning Commission would tike to hear how you feel about this request and invites you to attend the public hearing. Please note this proposed rezoning will not change the zoning of The Vintage Subdivision or Country Lakes -~-Subrlivisiun:TAs ontyrpropeRy-fo'D6"~efdrett-as~p~T6f`thls iequest~rs the-siia~ed area wifriin`the buffers rabeled 200 feet on the attached map. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Opposed to reque Reasons for Opposition: 7ins~ty~ e~^c <ul~ w,~ a~a~Fr~•-.~ks ,, t~:w~ (~ (-e c x.(, >,. c ~ -pret'astd ~ r~yxNL~.~ ~ SCkeal ~ >' C-erar s~-r' c,~ o.,- ~c bsc+ti fC¢q ci, ~_ -- --- .; --- - ---- -.. . r-~- __ - Signature: ~~~ la-+y ~u%-~=% Printed Name: D' pna Kcvn Mailing Address: ~ 3 I ~ ~~i~rn~Pr' City. State Zip: T)or~,}r.,. ~i 7G 10'~ Telephone Number. y `t o ~.u a' 31 S'f Physical Address of Property within 200 feeC °) 3 r l ire r. rn vf~ ~ CITY OF DENTON, TEXAS CITY HALL WEST • DENTON. TEXAS 76201 •940.349.8541 • (F) 940.349.7707 raPR-zz-zees i ~ : ee K eooni rf rc sei aav ~ P. ei~ei NOTICE OF PUBLIC HEARING MPC07-0001 The Plat+ning and Zoning Cornrn~sion d the Cdy d Denton wBl twld a public hearing on ~. A~rii 23. 20¢8 m consider rturking a rewrtnrrer~aAcn ffl ere City Corsidt regarding the raaonirtg of approorinatey 3.331 aces d land from AgrivlRSe (/-). brdusLria! Carder General (IC-G). Neigl+Dort+ood ResiOerttat 2 (NR-2). Regional Ce++ter Resideni2l 1 (FtCFir1). Cormwiity tbfored Use Empbyment (C!~{-E~ and Ptarmed Development Oistrid No. 138 (PD-138) non"sg dlsair3s oo the hharter Randvsrr~iration tYtas~r Ptar*red Cormwrtrty (tfrrrter iraition MPC1 zonig dirt The property is genert3iy located on t7Qh sides d 436UY between laobeon tZanrt~ Hoed and Yntage Bottlerdd as tduorKt on the ataacfted map. The pubic hearing vx11 start 8:~ p.m. in the G!y Cancil (umbers d Ciy lia0 bcated d 215 E McKi*rey Street, Deriw~ Teas. Berawr yen oww pity wain Dora d Ae Oses ~D pt4med devebperesCr ltfeC arr. snenAed br this zoni+y nquesC tthe ~ and Z~'g Cbra~on wor~f mar tb hew/ Nor. you 1fBel about t+ais R+o~ anO iiw#es yw w atttand Ore psi3tit: l+aa:+¢ Ptrause rrola Aria prepoe~d Amriig wi rrd oUwsge tae aorinq ~ ihrt Krs,pr+ SvOdrwiow w t7a~r L.~Ba SuDdwis+ort. The ~ property b be remne+d as pert of tlis lapsed es ti're s~~er~d areo arthi- /re b~/)bra rebated 2b0 feet an Ute atfeclied map. PtBase, in cyder for your api+iar to Oe ta-rerr lasso aa~tad, ;shun ~ form with your comrnerrts prior' to the date d the pubic hearing. (This in no wwy pratnbRs you horn alt~ng and pa-bic~atinQ in Cte public tearirq.) Yau may tax 8 to ere number located at the bottan a mail t to ere address below err drop R a8 nrper.,orr Ptrarirg awd Oswtapfllewt Osparrwart 2211 It taw ST OawlortiTeaws 7ts2f1 /rttac Isri >liirs~oR Rsjsd tttawa~ These 4orrwa ass Nwd b ~iesiab ttre prareswtagt aE kw~rlowrrsrs tint soypat and oppose tare regwsst. The CatritrrtS610rt rs uttorrstad of the psrr..erS Of reSMCttseS Ln ~r,~ a^.d ~ ~; ~.?~:r. try terror d request 1f t faN Scltoo~~b ~ ~. ~ b nth A'T Reasons tar Opposhiore~ ,~- stye ~o~ni6ti of ~ 3 r~'~.e:cr,-~uv~ ;; -~;~•i.~. _ ...,_ 5igrrattse: ~~_~~- nadr~ W3~ s. OaateM6 ~trE c+ty. s~ gip: trE Y ? b TeleproneNumber: 40~ 395-9233 Physical Address of Propertir witt,'vr 2tm teak S1lMt es Add sraGesnraa: C'le.orE ass /Fat: rlortS Aser~• (c~ SAn'ii'~/ iv ~cerr..x 7i1iy A/~.fs .ftfAeL iiKC.. AF NN ~ .t 3Se% !a~ ~/rltlpr>• ~Pr~iflitfc /S'~ ,Gl1~/6 ~tlZJ dS toteftnJ: CITY OF dFJYTt3Ne TEXAS GrtY MAii tvEST • D~J'iT_+N. Tr,CP.S 7F207 • 9t0.349.8Yr* • (~? 4t0.3~8.7707 y~• oeS Nice T.IITfiL P.el NOTICE OF PUBLIC HEARING MPC07-0001 The Planning and Zoning Commission of the City of Denton w81 hold a public hearing on Wednesday; April 23, 2008 to consider making a recommendation to the City Counal regarding the rezoning of approximately 3,331 aces of land from Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-i), Community Mixed Use Employment (CM-E), and Planned Development District No. 138 (PD-138) zoning districts to the Hunter Ranchllnspiration Master Planned Community (Hunter Ranchllrrspiration MPC) zoning district. The property is generally located on both sides of 1-35UN betvween Robson Ranch Road and vintage Boulevard as shown on the attached map. The public hearing will start at 6:30 p.m. in the City Counal Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within one of the these existing planned developments that are amended by this zoning request the Planning and Zoning Commission would like to hear how you lee! about this request and invites you to attend the public hearing. Please note this proposed rezoning wiU not change the zoning of The Vintage Subdivision or Country Lakes Subdivision. The avrly property to be rezoned as part ~ this request is the shaded area within the bolters labeled 200 /eat on the attached map. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the publx hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Atin4~i3i/rei~lw_ ,Project Manager ~.%~ These fom-s are used to calculate the percentage of landowners that support and oppose the request The Commission isarfomred of the peroert of responses in support and in opposition. Please tittle one: In favor of request Neutral to request Opposed to reques Reasons for Opposition: The reference to the "Denton Connectivity Plan" requires a reloeatien of Allred Road through our property, as yell as that of Angela Dominguez and Mike Barber. Those areas are developed and used as private residences and agrkultural operations, and owners would actlvely oppose any such "realignment". In addition, we ask PttZ to assure tfiat any traffic created or exhausted from the development be adequately addressed by Developer, without impact o- assessment on their neigh r I Signature: -+~`~-~ ~ ~// ~D Printed Name: Z Q2 a- ~U(,a.~,4w•~ h Marling Address: Sh23 ~ tsp. Pv City, State Zrp: ~..s,en.~C.. 1L22b Telephone Number: __ ~ f ? ~ O 3 S3 8 g Physical Address of Property within 200 feet: a anti. I ba 9~Di G.~" ~L3 1~ 7i~ CITY OF DENTON, TEXAS crnr Hnu west • DErrrON, TexAS 7tt201 • sao.aas.ssat . (~ sao.3as.rro7 z~' ~sz nrorze na-23-~8P.te=57 Rtv~ 0ar2a/268B 13:56 21a0216~9 7~£ADOR 8 ~EADOR I.LP PAGE 81 ~7~~ The peeving aid Zorfng Coon d Qrs Crllr d OerUUn wc7 Auld a palic Aeceirg oA w'1'. Aorrl 23 2006 to w rt-aldr9 a re~rrnenda5on to ?re (?fir Could nagadhg fie remeng d approximately 3,331 acres of land Iran Agriwtttae (A), lndu9triat Cerrter Gercerat (tC-G), fJeighborhood P.es?~'entiat 2 (N4:}, P~g}pt:a! C°rtEr R2s~ential 1 (RCR-1 ), Comm~sliry MixeC Use Employmert (C3rE}: 8• r: olyrn~ De~~e?arr~n•, rt_e~ict t~ i3° ;PD-t38~ Z~~ 4~ss`.ri:.t; to the li;r,te! f22irti:Iiu~i,'attpn 9~:a5:E: Pi2liri::rr. .r,C~!;1.T.+3`:itJ: i!-!Jt:f?r Q.?.f,-;t't/!!l~rr.`172Skve ,M,.,-~} zO;tirn ::sir!c~. 7h.;. Mu;,ery s ga;.eswty !~.~~ a. tit;, si ~ ~! I-wG,~, het:...... Reber. ,n 4.df:C}: ~~ ~nr irfnr_~_ yptti2tar~ oS Si10Wt1 Oii tPse' d1i0L71t'~ r^ap. Th,~ ,;,:`.:c~ `•~'urs.y :. ., ~, st fi:3.^ p.-i. in tt~ CitY Cota>a~ Chartt5ers d City Ffalt located ~ 215 E. ~~,i.^.neq Sheet, t7@n1Gil,~TeYoS. BoLatrSZ ypu own property or!3frin one d the three exiting ptanrze1 !7s'tL'.`.l:rrie::.s that are arnBrtQrR7 :iq i%i5 1'vir.=+iy r ylto5i. u`r8 ~~:il.i%3 @rXl «.'.?f?~ ~'.^..^.:,. e:55Mr^- :~.:.':~. iirie iu 1F$aT r'tuW jFJU fdci o'J7OLT :iiS i n7ttESi aril. r-v yes ~-uai t:r 8titi:::.r iirtt {R:CtX: ire2r'::y'. FicaSe : `- tt)iJ •ptVfxrsrd 1CLOIrirJ(r Y/dl r1O( ;;i)d%,gC !rle ZirltfrtJ i/i i!'Ic vie r!~57e $uw~vi5i~ yr vpiiT~i:j%~~aKcS -~- y;~ivjciO,r•,, 7hg prt!y prv;reny to he te2riReC 8S p2tt of iris t~vesi is the ~ade!i e:ee wither :f,c ~ ty.fra.5 !~,~jPjQ!'! ?_rz !_ys! or. rr~ attsJ!ed T.2Y'1. ui~a5?. ~n nrnu t?r }~3llr r~j:rii6? Cv ;:/i, :o~.c ~ ::?G .s ~.:,:.^.:. rt'4'.:: ;r:i$ v:f ; _.., y+y"::r L=MT ~... a;:a; tp ..._ ,,:}O _. _. ~.~iri ,:ri!:~. i;ity, .. '.•.- •: cri rrtiii~ -- -._... ~.._:><rr^r. -.. __-:rc~~s;. .:..._ - w;c. -= ~r ~N ~ ~__ sr .. a~ .. ..._..ii:.- --_.aFrs ,-a ~. r,_ ~_ ~ z - •- •- .: ..:..... - '.c' ~- b±tr+; c_ort~$hnRc+n, Prc~incK kLynanvr T4tese !arrr!s ere creed to taict:tale the pare~e o! trrsdv+.ners that support and oppose tM nriqueet. Ti>e Cixnrrciss;on a i:l:srzee o*. ~ e per;.ent pf responses in support ano !n oppasition. to taster d regc~si Neutral >n : equest OppQSed t~ request oe a f._, n..; .~:r ~~~ c-'L- ')-u~ i n~-E fc : r~ ~ tom'? { ~F ____..~ f,_ lCrt: ~ti _ ~~ J~ !'_ e: •--7 ^Y-~.~ J r :\ a . v R~ j.'LSCL:• ~'•~~ ~ t i : tr! ICJ ..f i_~• ~ -`\'r_~~°: ~~';-~: ~lJ 'mot 2 . hr.!r. zR .r. iv'.Jr: :-: pr.y~:~3, A.3._rocg .:.t ~r+va.ty rrii:.i.. Z~? ;~J• t.i v,~ i ~>> fi_~.L11 1~,+~ t ~Z . ~. ~ j- ...r r n ~ i ~,, ~.L~• rv~.: %~ L~c.:r ry !7%0iL%~ , i; , 2t 7 w--~-i ~ ~ ~ . ~-.~,._s:~s;r~.,' t i F ... i r :T~ L~ Rt : Ls:~.7, ~ f3 j ,,,- ~~L_ tbc57 : e?~: i ~.'i. ZF i.~~. 1 _Tif': 94.:rr_. ;.a ~ • !f; Siu.?~5 ':*.,+ NOTICE OF PUBLIC HEARING MPC07-0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 23, 2008 to consider making a recommendation to the City Counal regarding the rezoning of approximately 3,331 acres of land from Agriculture (A), Industrial Center General (IC1'i), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), artd Planned Development District No. 138 (PD-138) zoning districts to the Hunter Ranch/inspiration Master Planned Community (taunter Ranch/inspiration MPC) zoning district. The property is generally boated on both sides of I-35W between Robson Ranch Road and Vintage Boulevard as shown on the attached map. The public hearing will start at 6:30 p.m. in the City Counal Chambers of City Hall located at 215 E. McKinney Street, Denton. Texas. Because you own property within one of the three existing planned developments that are amended by this zoning request, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please note .this- proftosed rezoning- will. not. charrQe the zoning._of The Vintage Subdivision or_ Country Lakes Subdivision. The only property to be rezoned as paR of this request is the shaded area within fh'e buffers labeled 200 feet on the attached map. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in rro way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off irrperson: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. In favor of is for Opf ,_ . Signature: " Printed Name: --~ r Mailing Address: City, State Zip: Telephone Number: ~! Please drele one: NeuVal to request Opposed to request Physical Address of Property within 200 feet rvnne Qua ~. CITY OF DEKTON, TEXAS qTY HALL WEST • DENTON, TEXAS 76201 •940.349.6541 • iF) 940.349.7707 NOTICE OF PUBLIC HEARING MPCO7-0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 23, 2008 to consider making a recommendation to the City Counal regarding the rezoning of approximately 3,331 acres of land from Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-t), Community Mixed Use Employment (CM-E }, and Planned Development District No. 138 (PD-138) zoning districts to the Hunter Ranch/lnspiration Master Planned Community (Hunter RanchJlnspiration MPC} zoning district. The property is generally located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard as shown on the attached map. The pubic hearing will start at 6:34 p.m. in the Gity Counts( Chambers of City Ffal! located at 215 E. McKinney Street, Denton, Texas. Because you own property within one of the three existing planned developments that are amended by this zoning request, the Planning and Zoning Commission would tike to hear how you fee! about this request and invdes you to attend the public hearing. Please note ~~ this proposed n;mni,-ry-w?!-pct-ctr3rrgo-the-zonirrg-of ?fi:e -L~intage Subdi:isien--or-Country_Lakes-- Subdivision. The only property to tre rezoned as part of this request is the shaded area within the buffers labeled 200 /eet on the attached map. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you Irom attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and development Department 221 N. Efm ST Denton, Texas 76201 Attn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Signature: 1.-O/e- f ~~o Printed Nam Mailing Address: ~ ~ ~p~ City, State Zip: T~6C ~C ~.2D ~- Telephone Number. ~~ - 3 ~D- ~l 9 9 /~v~" l~~`v- Physical Address of Property within 200 feet: ~~ 'S -~-,~> CITY OF DENTON, TEXAS CITY HALL WEST • DEtJTON, TEXAS 76201 • 9x0.379.8541 • (F) 940.349.7707 Stiv' PF.Z r1c.3sa Please circle one: In favor of request Neutral to request Opposed to request NOTICE OF PUBLIC HEARING MPC07-0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 23, 2008 to consider making a recommendation to the City Counal regarding the rezoning of approximately 3,331 acres of land from Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential t (RCR-1}, Community Mixed Use Employment (CM-E), and Planned Development District No. 138 (PD-138) zoning districts to the Hunter Ranchllnspiration Master Planned Community {Hunter Ranch/inspiration MPC) zoning. district. The property is generally located on both sides of I-35VV between Robson Ranch Road and Vintage Boulevard as shown on the attached map. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall Located at 215 E. McKinney Street, Denton, Texas. Because you own property within one of the three existing planned developments that are amended by this zoning request, the Planning and Zoning Commission would like to hear how you /eel about this request and invites you to attend the public hearing. Please note ~`this-p2~posed~Tezonirry--;rill-not-change-the- zoning ol_The_Vmtage_SubdivisiOn or Country Lakes _ Subdivision. The only property to be rezoned as part of this request is the shaded area within the buffers labeled 2l)0leet on the attached map. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Lori Shelton, Project Manager These fortes are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Opposed to request Reasons for Opposition: : AIO AE!JErr1Y ~o AY PrtcPE2TYf 1~o~D BoFFEk Zoi.+F o.~ Eo.a.~iE BRAE ~'~w~~~ -'~=t`oiio`SE-7CE4`3.~-'~T'1--___ -____.__~. - - ---- ~ ~_~ Signature: ~ ~`~___-.~ Printed Name: EMI ,o P. nloau s Mailing Address: 'i44'1 S go~xhE. ~r2r4E City, State Zip: {~ RS V t-E ~x ~ C. z2 C Telephone Number. 4yo - 2~t ? -off u. Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST • DENTON. TEXAS 762ot •940.349.8541 • (Fy 940.349.7707 2A:'?8c llG~^ NOTICE OF PUBLIC HEARING MPCO7-0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday. April 23, 2008 to consider making a recommendation to the City Council regarding the rezoning of approximatety 3,331 acres of land from Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development District No. 138 (PD-138) zoning districts to the Hunter Ranch/inspiration Master Planned Community (Hunter Ranch/lnspiration MPC) zoning district. The property is generally located on troth sides of I-35W between Robson Ranch Road and Vintage Boulevard as shown on the attached map. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within one of the three existing planned - . _ devefopments~that-are amender~by this-zoning...request,- the_PlanniRg. arttl_ Zoning_ __ _ _ like to hear how you feel about this request and invifes you to attend the public hearing. Please note _ -- - this proposed rezoning will not change the zoning of The Vintage Subdivision or Country Lakes - " Su6dn%JSion:'The'on7y~property-to-be,rezvnedas-part-cf this request is-the-shaded area :viti:in the -- buffers labeled 200 feet on the attached map. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in apposition. Please circle one: In favor of request Neutral to request Opposed to request Reasons for sition: S SSb Tcv ~9 AZ N Signature: - - - - -- -- - -- / ol, UE-~ -_ .- Printed Name: - Q l Mailing Address: O ~E1L ~ . City, State Zip: f o ~f X 7f0~~ • Telephone Number. ~ ~ - y Physical Address of Property within 200 feet, FtQ//K E. ~n~/ CITY OF DENTON, TEJCAS ctTY w~u wesr • DErrroN, rExas razor • sao.aas.ssat • (F) sao.3as.»o7 2~X'GLZ /hct:.e NOTICE OF PUBLIC HEARING MPC07-0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, Aaril 23, 2008 to consider making a recommendation to the City Council regarding the rezoning of approximately 3,331 acres of land from Agriculture (A), Industrial Center General (IC-Gj, Neighborhood Residential 2 (NR-2). Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development District No. 138 (PD-138) zoning districts to the Hunter Ranch/inspiration Master Planned Community (Hunter RandVlnspiration MPC) zoning district. The property is generally located on both sides of 1-35W between Robson Ranch Road and Vintage Boulevard as shown on the attached map. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within one of the three existing p/anned developments that an= amended by this zoning request, the Planning and Zoning Commission would like to hear how y_ou feel about this req-uest and invites ~rou to atfend the public hearing. Please note this proposed rezoning will not change the zoning of The Vintage Subdivision or Country Lades Subdivision. The onty property to be rezoned as paR of this request is the shaded area within the buffers labeled 200 feet on the attached map. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop d off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Lori Shekon, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. In favor of request Please circle one: Neutral to request Opposed to request Signature: ~~- Printed Name: LG Mailing Address:~ City, State Zip. / ~. /) ~ f> ~o e2.d Telephone Number. ~ ~d -,~..looZ - /d /JJ Physical Address of Property within 200 feet: Q'7' /oZ 6llL ~,¢ (I n >t~v~j -~O_}~~~~i~ ~. n 4- i V CITY OF DENTON, TEXAS GTY HALL WEST • DEN70N, TEXAS 78201 . 940.348 E541 . (F) 940.349.7707 ?ic?' FEZ i+atzc NOTICE OF PUBLIC HEARING MPC07-0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 23, 2008 to consider making a recommendation to the City Councl regarding the rezoning of approximately 3,331 acres of land from Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2). Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development District No. 138 (PD-138) zoning districts to the Hunter Ranch/Inspiration Master Planned Community (Hunter Ranchllnspiration MPC) zoning district. The property is generally located on both sides of I-35W between Robson Ranch Road and Vntage Boulevard as shown on the attached map. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within one of the three existing planned developments that are amended by this zoning request, the Planning and Zoning Commission would tike to hear how you feel about this request and invites you to attend the public hearing. Please note -- this proposed--rezoning- wiA not-ct!ange -tke-.zcrning . of_The-Vintage_Subdivisian_or_Cnumry._Lakes. Subdivision. The only property to be rezoned as part of this request is the shaded area within the buffers labeled 200 /eet on the attached map. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and paRicipating in the public hearing.) You may fax it to the number logted at the bottom or mail it to the address below or drop it off irrperson: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Lori Shekon, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Opposed to request Reasons for Opposition: Signature: ~~~. ~ • `~~ j~"' 1 It'~ Kt~ ~.C Printed Name: Co~y/N,Pd Q• N@b'rr= ~~1,~ ~~~ /'1• l`!/~A,~Fi- Mailing Address: W D~~ ~QOe ~ SidE :~7. City. State Zip: AeGY~E .7•fd 7G~ ~~ Teltsphone Number. 9~f0 - xl j: ~ - 'I ~ Physical Address of Property within 200 fees: CITY OF DENTON, TFXAS ctTY tfALL wESr • DEMON. TEXAS 76201 • 9ao.349.85ai • (F) 940.349.7707 NOTICE OF PUBLIC HEARING MPC07-0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday. April 23. 2008 to consider making a recommendation to the City Council regarding the rezoning of approximately 3,331 acres of land from Agricukure (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2}, Regional Center Residential 1 (RCR-1}, Community Mixed Use Employment (CM-E), and Planned Development District No- 138 (PD-138) zoning districts io the Hunter Ranch/Inspiration Master Planned Community (Hunter Ranch/Inspiration MPC) zoning district. The property is generally located on both sides of I-35W between Robson Ranch Road and Vintage l3outevard as shown on the attached map. The public hearing will start al 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property wrthin one of the three existing planned developments that are amended by this zoning request, the Planning and Zoning Commission would like to hear how you feet about this request and invjtes you to attend the public hearing. Please note _ _this proposed rezoning will not change the zoning o/ The Vintage Subdivision or Country Lakes Subdivision. The only property'to 6e rezoned as pa~rf~of~this?equesf7s ttie s~ai~eB aisa"wrr~he buffers labeled 200 feet on the attached map. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number logted at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Opposed to request Reasons for Opposition: , ') TR~ff/e L'd.v6e5rzy./ 2'Teo f~b~ ~Ei.-S~rj 3/ a/nn/if6/L ~/~i// p~0 Mfi//Y U~ s['/JtI[ /N P~OX~.y TD 1'CO~jSO~/ ~ /}' -- 73 f_.r7/n/l p,..,.~ v,v, yy ~ rtlADr(~rd,~ > Oar 4i i/2 _ - JTc~iF- Signature: Printed Name: ~A ~ MOA/ ~~ 4- ~[i/ pQ,i ,fit, ~ ,~ Mailing Address: z/L ~~? ~..., t,~~ S~ City, State Zip: ,.~Z~•/ ? Z d 7 Telephone Number. ~'i t/D ~ ~ 6 Z - 3 r%O ~ Physigl Address of Property within 200 feet: ~u.,~4 %7/q,vly ~J,~tr®psAt- CITY OF DENTON, TEXAS CITY I1ALL WEST • OENTON, TEXA$ 76201 • g40.3gg.gsgl , (Fj 840.349.7707 2_Yr~' p~ .~!:re o~~ /1 v ic! /Uo ~" ~ ~ r qv.o 7~ 5~w~~ s ~ s~~.~ ~wE~s ,moo,-~ ~~ ~iL~ / C G ~G ? Cif C(f~C ~ L /f,~ i2y ~ ~~5~ I~P~t/7-7~9-~ ~/1Fl~S • ---- - J S ~Glt~'r'S f1~~c 7- c' ~~4 S ~o '7z' ~,c/tom o~ ~ Mf- Ni ~~ (~lI L U ! S (~i ~ •svi~Sf~- s,(7 ~r ~~=~ ;~ NOTICE OF PV6LIC MPC07-0001 HEARING The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 23, 2008 to consider making a recommendation to the City Council regarding the rezoning of approximately 3,331 acres of land from Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E ), and Planned Development District No. 138 (PD-138) zoning districts to the Hunter Ranch/lnspiration Master Planned Community (Huller Ranch/Inspiration MPC) zoning distriG. The property is generally located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard as shown on the attached map. The public hearing will start at 6:30 p.m. in the City Counal Chambers of City Hall located at 215 E. McKinney SUeet, Denton, Texas. Because you own propeRy within one of the three existing planned developments that are amended by this zoning request, the Planning and Zoning Commission would Jike to hear how you /eel about this request and invites you to attend the public hearing. Please note this proposed.rezoning-will not-change-the-zoning-oI The Vintage-Sabt#ivisien-or-^-.cuntry-L•akes- -- Subdivision. The only propeRy to be rezoned as part of this request is the shaded area within the buffers labeled ?00 feet on the attached map. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 7620'1 Attn: Lori Shekon, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Apposed to request ~s fo( Op~sition: 1 1911 /~1 P nt: f' u - a~at~Men\-5 no~ c-~,r„nn~'~.1..10 .N,.1L c„ Signature: /~~alAO 71 .}~y ~ ,~~~/T ~ ~f•G~~ IG D y~"J Printed Name: V[lf~ ~q~p ~'a-~-~~,,~ F-~*'T~^ barrow roo.~. Mailing Address: ~L~-04 Per i rxP~"P t' ~ , ~3. x~ ~y ~. ~ City. State Zip: DN~~-pn i ~C -~ b X07 lJ p~~vrr'-n 1 0.f'eC~S Telephone Number. ~ ~ (o - 91{'3 Q}~bL trJ t ~ ~. ~ f~ ~ Physical Address of Property within 200 feet. ,~1}Oq P2(t~l'APi12~ 5-~- ~,r I r yr UJ=NIVN, TEXAS CITY HALL WEST DEWTON, TEXAS 76201 . 94p,3gg gsgt (F) 940 349 7707 DG'.°:7. tla'c~ NOTICE OF PUBLIC HEARING MPC07-0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 23. 2008 to consider making a recommendation to the Ciry Council regarding the rezoning of approximately 3,331 acres of land from Agriculture (A}, Industrial Center General (IC-G), Neighbofiood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development District No. 138 (PD-138) zoning districts to the Hunter Ranch/inspiration Master Planned Community (Hunter Ranch/lnspiration MPC) zoning district. The property is generally located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard as shown on the attached map. The public hearing will start at 6:30 p.m. in the City Counal Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property wihhin one of the three existing planned developments that are amended by this zoning request. the Planning and Zoning Commission would like to hear how you lee/ about this request and invites you to attend the public hearing. Please note ---fhis-proposed-remising-vrilf nct chsnge-the zoning-cf-The-V%ntage ~Sutxiivision-or--Gauntry-L-akes- Subdivision. The only property to be rezoned as part of this request is the shaded area within the buffers labeled 200 feet on the attached map. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you /rom attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that suppoR and oppose the request. The Commission is informed of tfie percent of responses in support and in opposition. circle one: In favor of request Neutral to request Opposed to request Reasons for Opposition: Signature: - ~-~ Printed Name: °e- Yh ( Mailing Address: ~ ~2~ l ~ .ST City, State Zip: ~ ~ °Z~ Telephone Number: - c~t~ - ~ °~ ~ ~ Physical Address of Property within 200 feet: ~ tr2l drl~r-`~l ~ . 04-15-DSAl1:l7 RCVD CITY OF DENTON, TIXAS CITY HALL WEST • DEtJTCIN, TEXAS 76201 •940.349.8541 • (F) 940.349.7707 li.J F.S<'t~C're NOTICE OF PUBLIC HEARING MPC07-0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 23, 2008 to consider making a recommendation to the City Council regarding the rezoning of approximately 3,331 acres of land from Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development District No. 138 (PD-138) zoning districts to the Hunter Ranch/Inspiration Master Planned Community (Hunter Ranch/lnspiration MPC) zoning district. The property is generally located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard as shown on the attached map. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within one of the three existing planned developments that are amended by this zoning request, the Planning and Zoning Commission would like to hear how you feet about this request and invites you to attend the public hearing. Please note - -- Geis praposerf-re~nfng-vdtl not ctxny-e-the-rent^g-of-??:e~ :cntage-Sot,~irisier~-er--6ountry--6ekes- Subdivision. The only property to be rezoned as part of this request is the shaded area within the bolters labeled 200 feet on the attached map. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commisson is informed of the percent of responses in support and in opposition. In favor of request Reasons for Opposition: Signature: Printed Name: Please circle one: Neutral to request Opposed to request Mailing Address: `ys89 s Bow .~ ,Brd~ Si City, State Zip: ,/~ r i~ [ 7X 76'~ G Telephone Number. f'//b 9vG - SJ~ `f Physical Address of Property within 200 feet Y~ s CITY OF DENTON, TEXA$ CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 • (F) 940.349.7707 04/23/888 07:38 9484646031 PAGE 01 NOTICE OF PUBLIC HEARING MPCO7-0OO1 The Flaming and Zoni-xJ Commission d the City d DenEon wig hold a public tleartng on M-ednesday, /tor0 23, 20A6 b wtsidtx tnatdng a re00rifnen08trOrt m the CRy Counal rt>Qxdfnp 91e rer~ontrg d apprvzma/aly 3.331 aces d card from 1lgria~rse (A), Irlateltlal Cer+1e, Genera! (IGG~ Neigltbarltood Residert601 2 (I~i12,2), Fi>eyorul t;.e~r (~esi~dert0ei 1 (faCR-1~ Ca~nip Noted Ilse 6nployn+ent (C1~~j, and Planned Oe~cprerrrt Ofistrid No. 136 (FD-13Bj mig QStir~ b tAa Ftrnter Ratdtltrtsptafon It>o6te- Planned Caerwtiy ~ ~C) ~9 district The properly is 9~! br9led on bob sides d {.3E~ belrreer- RCboon t~tndr lioeid and Yw*age Basmalre as sttnwn an Ole eltadted ~ The pubic ltasdnp ai sLse1 at 890 p.nr. in Ore a!y Courd Chambers d G51h H~ tgt:aled at 215 E. tNCltixfey S~t+0et, Denton, Texas. Became you own proyertr w~sr ar-e d it+e 8ree exxsbq p~*~d developrnert-s that are amended by Otis Zoning request, the Plartnc~g and Zonhg Carrmrissiore world like to hear how ycu feel a';ouf this r~puest and mites you to a0errd the p+rDGc heartily. Reese mote this prapose~i r+eaorrng will not drange fJte zorusg of The Vintage Subdivision or Country Lakes Strbdiv~siort. The orUy property to be reza~ed as part oI miss request 7S the Shaded area within Lhe butlers tabgled 2170 lest on the attadred map. Please. in ordEr far yo.r opinion to be taken into eccrnuit, return tttis form wftt+ your oommerKS prwr io the Date of the puD6c hearing. (This in no way prohibits you Jrar. a.7ertding and partirxpa~g in the public hearfrg.) You may fax rt to the number located at the bottom ar maB k to the address bebw Ot drag R Oust-pEYSOn: PtantltrlQ artd Oerelaprnerrt Deprtrbrrerrt 121 tr. 9m 3T beaten, Texan 7tY2D1 MQ>r Loci 9Adloq. Pr'njacl brrnrtpr These Iorrns are raced to Catt~rtrfe itre paeertdge d Isrdownere trial sapgorl and oppme tyw request. ThC Ca:~..^ won is i^=!.~red o* ire percent of responses in support and 'm oppositmn. Ftitsfse arde arr~ M tenor d request Neutral to m4~ CPPosed b rerauast Reasons fo. t3ppositiorr: 1~ w` t ~=••rvw - lc~t~e-f i ••a po~F class -tike zao'EsR'ei- twia A.. wrv r rru i u e _'O!1 o~a•Fi'4~..~ _ % 4 ..~~'oT--~ y .~ rte-- _ _~i __~ i r •s ~r~,~r. , d.~t w G Gw a.h, . e u ~ ec - :o ' v.: , 1 siartatt~: ~>~x~J.(~ ~~yy Printed ~ Tc Se,D I+ ~ . ~ E/'1!s ~~ MaiTirg Address: 41o f7: ev+ «~-~ i L! ciq.. stela Zip• /4/'av ~ e , T>< 76z~ -G 7/S~ Telephone Numce 4 1J- ~fb~f 36 ~0 Physical Address of Property ~vitttirt 20U !eat: 4<76 S f36 r. rr: a ~B ClT7~ OF DE7VTOµ TDrAS Crrr -uu vrESr • o~xroN. loos razor • t-rc.3es,.tu~t • m sae.x9.77o7 70~;' PdZ 5e'Je'e NOTICE OF PUBLIC HEARING sos-ooo~ The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 23, 2008, to consider making a recommendation to City Counal regarding the approval of a Roger & Valerie Tarren Robson Ranch 9009 Crestview Drive Denton, Texas 76207 Ms. Lori Shelton April 9, 2008 Planning & Development City of Denton 221 N. Elm _ Denton,. TX 76201 --_._ - ..._ _..._.. _ _ ._.. - _ .___-.- _ -_-.. ~._ - . -.-.. _ - _ - - -- -.- Gear Ms. Shelton: Reference: Proposed'Inspiration' Development As residents of Robson Ranch we are writing to express our concerns about the proposed development of a40,000-resident city on our doorstep. Our understanding of the proposal is for.an:initial construction of some 672 apartment units.in Phases 1A and 16 along the northwest quadrairt of~135 and Robson Rand- Road: We understand that this is to be done with no improvement made to existing access roads and it is unclear at this stage what provision will be made to service these units with respect to water and other utilities. Clearly the development of a city this size in a rural area such as this will greatly impact the environment and surrounding communities in a negative way. The development is on new land, a greenfield site, and which raises a number of questiorts: Why was this site chosen to create a brand new dty with so few initial amenities when land is available within the city of Denton itself for projects such as this? Why is it necessary to propose another 'satellite' city in close proximity to the City of Denton that will add little to its desirability as a place to live or to the quality of life for its current residents? The fad that few faalities are proposed until the later stages of the project ensures that traffic problems are guaranteed to arise on the only road in and out of the development as new residents commute to their employment and to other activities. We see this already but to a much smaller extent with residents of Robson Ranch having to travel to Denton and elsewhere for grocery shopping and entertainment- An influx of several thousand new residents will create unacceptable problems of ingress and egress for everyone and for residents of Robson Ranch in paficular for whom Robson Ranch Road is their onty lifeline: Any restriction to current access can mean life or death to the residents of Robson Ranch. • - ~ - i 04-t5-2008 P.CVD In addition to the obvious concerns about long-term traffic congestion there are issues of policing and fire safety. We see no provision in the plans furnished for additlonal police stations or fire stations which a city of this size will undoubtedly need. Overall, this project appears ill-conceived, not just because it's unnecessary but because of the manifest negative effects it will have on the environment if given approval. If a development such as this is required then surely there are ample more appropriate sites available within Denton itseff where a developer may build apartments and other high-density housing without claiming and spoiling new land for the purpose or creating traffic problems that didn't need to be created. If the City of Denton's goal is managed and sustainable growth then this project falls far short of that goat. ours tru , Roger Tarren alene Tarren Copy to: Perry McNeill -Mayor Pete Kamp, District 2, Mayor Pro Tem Charyle Heggins, District 1 Jack Thomson, District 3 Chris Watts, District 4 Bob Montgomery, At large Place 5 Jce Mulroy, At Large Place 6, Deputy Mayor Pro Tem George Campbell, City Manager / Mario Cunningham, Director, Planning 8 Development t/ Ron Menguita, Comprehensive Planning Supervisor - ~ Chuck-Russell, Planning & Development - earllizeea es:ie 8178698981 IR~LArFr FAGS 02182 NOTICE OF PUBLIC HEARING MPCO7-0001 The Planning and Zoning Cammissfon Oi the City of DenOOrr will hold a pudic hearing on Wednesday. Aoril T3, 2008 ro consider making a rtx~rttmertdation ro the City Counal regarding the rezoning of approxlmatety 3.331 acres of lead from Agriwiture (A), Industrial Center General (IC~i), Neghbortrood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mbred Use Employment (CM-E), and Planned Development Di~,trid No_ 138 (Pi}t38) zoning disb~kxs to the M~mter Ranchfinspiretion Master Planned Community (Hunter RartcMrupuatiarr MPC) inning district. The property Fs generally located on both sides of I.35W between Robson Ranch Road and Vintage Boulevard as shown on the attached map. The public hearing will start at 6:30 p.m. in the City Couruil Chambers of City Hall located at 215 E. McKinney Street, pardon, Texas. Because you own property within one o/ the three existing planned devebpments that are amended by this zoning request the Planning and Zoning Commission would Lke to hear how you feel aboid this request and invites you to attend the public hearing. Please.nofe _ this proposed rezoning'win~t8t"~artge~tlle zonhxl oT The Vintage SuD&viskur or Country Cakes Subdlvisron. The only property to be rezoned es part of this request is the shaded area within the bolters labeled 200 feet on the attached map. Please, in order for your opinan to De taken into account. return this forth with your cornmerds prior ro the date of the pubGe hearirq_ (This in no way prahibrts you lrom attending and particlpafing in the publk hearfng.) You may fax H to the number located et the bottom or mail it to the address below or drop it off irr~person: Planning and Development Department 221 N. pm 37 Denton, TaYfS 76201 Attn: Lori Shelton. Project Manager These forms an used to calculate the percerrfage of landowners that support and oppose the n;quest. The Commission is informed of tl+e percent of responses in support and it opposition. Please dills one: In favor of request Neutral to request Opposed ro Reasons for Opposition: f ~ k 1'3SrJ q~ d~~t~ Qcns, r~ on "~bson ~afic1~ ~, t.~a 6, c. bar -un opt access ro Signature: 'O ~--. J printed Name: L . 1 tviaitingAddress• 9'11"1 Gr~ntLttr $+ ' City, State Zip: '~,,-)-orl "Tx '1103.0"1 Tekphorre Number: q ~D - ~ ~ - DD (o ~ p Physip! Address of Property within 200 feet: q yt r7 f Gy i ry Gt'er St C/TY t3F DENTDN, TDG4S Cfry Mr+t,t.wEST • oErttnN. TExns 7s~o1 - sao.sas.ssor • ~ aa.vrs.na7 210' PRZ AcOCr 84/18/2808 87:31 9723315326 iN1i1 PRQIECT hWNAGEM PAGE 81/82 NOTICE of PueLlc HEaRIN6 MPC07-0001 The planning and Zoning Commission of the City of Denton wip hold a public hearing on Wednesday, April 23. 200$ to consider making a recommendation to the City Council regarding the rezoning of approximatery 3,331 acres of land (ran Agriculture (A), Irrdustttat CerRer Genera (tC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E}, and Planned DeveloPmenl DisUict No• 138 (PD-138) zoning disttkxs to the Hurter Ranchllnspiratbn Master. Planned Corrvnunity (Hunter Ranchllrrspiration tvIPC) mnfig district- The propeAy is generally boated on txith sales of I-35W between Robson Rarrdr Road and Vintage Boulevard as shown on the attached map. The public hearing will start at 6:30 p.m. in the Ciry Council Chartrbors of City Nap boated at 215 E. McKinney Street Denton, Texas. Because you own property within one of the three existfirg planned developments that are amended by this zoning request, the Planning end Zoning Commission would Pike to hear how you teal about this request acrd invites you to attend the public hearing. Pease note ..10is pnopnsed.fezoning.~ill ,reat~bange the zorrit{q o/ The Vint~e_ Subdivision or,Counby Lakes Subdivision. The only p-opeRy to be retuned as Part of this n~uest is the s>taded area within the buffers labeled 201) feet err the attached map. Please. m ceder for your opv>ron to be taken into account, returtr this forth with your comments prior to the date of the public hearing. (Ttris in rro way Prohibits you from attending and partrctpatrng in the public hearing.) You may tax it to the number totaled at the bottom or mail it to the address below or drop it ofi in-person: Planning and DevebpmeM Department 221 H. Elm ST Denton, Texas 76201 _.. Attn: tort Shelton, Project Illanager These forms are used to plculate the percentage of landowners that twpt'ort and oppose the ra,quest. The Commission is 'urfomred of the percent of responses in support and in opposition. Please drele one: in fawr of request Neutral to request -posed to ieguest Reasons for f)ppofltlon: £rEoSr..~ ~ Srrckc~~~Y dw.a•sc Signature: /r/tee--~- __ _ ~?~ Printed Name: iQo.L 7r~. (n~ 1 ° Mailing Address: r/r3t LSvww/e itlre.e \~~~ city, state z;p: A,4.~/ _ Tx . ~u c Teleptwne Number. 9Yo-.i~f- 033 f Phystpi Address of Property within Zt>D feet .5~.~ CITY OF DENTON, 7FJCAS Cfrv HAIL WEST • DENTON. TEXAS 78201 •9.0.349.8541 • (~ 940.349.7707 200' PdZ NoEC~ Bd/10/2088 07:31 9723315026 (lAM PROJECT MfANAGEltT PAGE 82!02 From : Paul Tubbs aced Family 4277 Botmie Brae Argyle, TX 76226 To: Platming and Developme:rt Depamneae 221 N. Ehn Street Denton, TX 76201 Arta: Lori Shelton, project Manager RE: Notlce of Pabtk Heariap - MPO07-0001 We have a few initial cancems with the plan development that will need to be satis5ed before we can change our vote froth opposed. Of the toad that drains through our propetrty, most of it is raw lead (Botmie Brae and a few paved drives). The coal land absorbs most of the water and helps to slow the speed and lengthen the time a gvea amotmt of oats drains away. Only on the very worst days and then only after days of rain that has saturatsd the land does our stream overflow its banks. The increase of the tton-absortring, sttucttues /roads will greatly increase the vohtme aced speed of the water auoss trw property. This increased flow will erode our favorite part of ota laced. Water coming out of a ~ighborhood is filled with pesticides, fsrtiliurs, placer killer, oil from both cars aced streets phrs a whole range of trash. In addition to the stream, we have a stork task that is tilled by the stream when if overflows its banks. Any trash or chemicals in the stream will cad up in the stuck tank. Being on well water, all These chemicals leach dawo with the water into ata drinking water. The ittcrsasod erosion and possible chemicals may kill uses around the stream aced eliminate the buffo we cttaeatly have from 377 aced the railroad. This buffer is both lme of sig)tt aced noise. We unde:startd the aced for devetopmera, but solutions aexd to be presented far these veryJeal concerns. Thank you, ~~ P , Tsmmy, I.og~, (haysoa, Morgan aced Lattttn Tubbs Z Z ,f QP'I~ NOTICE OF PUBLIC HEARING MPC07-0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 23, 2008 to consider making a recommendation to the City Council regarding the rezoning of approximately 3,331 acres of land from Agriculture (A), Industrial Center General (ICS), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1 ), Community Mixed Use Employment (CM-E), and Planned Development District No. 138 (PD-138) zoning districts to the Hunter Ranch/Inspiration Master Planned Community (Hunter Ranch/inspiration MPC) zoning district. The property is generalty located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard as shown on the attached map. The public hearing will start at 6:30 p. m. in the City Council Chambers of City Hall located at 215 E. McKinney SVeet, Denton, Texas. Because you rnvn property within one of the three existing planned developments that are amended by this zoning request, the Planning and Zoning Commission would ,_ tike.tohear_how.youSeeLabout this request-and. invites.~u_to attend the.pukfic-hearing_PJease_pote ._ this proposed rezoning will not change the zoning of The Vintage Subdivision or Country Lakes Subdivision. The onty property to be rezoned as part of this request is the shaded area within the buffers labeled 200 feet on the attached map. Please, in order for your opinion to be taken into account, return this forth with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Lori Shelton, Protect Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Opposed to request Reasons for Opposition: ~D, ~EivS~T1/~ j ,~A~FF%G O/~OS /NAOEQUA~% U ~~G~ G.'~~, ;~/~s .mss. may,- .vo Signature: y ffi•9RY.y,~~ Printed Name: ~SifTiS~GE~~/ Wi9Z.it~S/ o.li Mailing Address: 9//7 ~~t'/~s~.P -~%. ~(08so'`~ ~""'~ City, State Zip: ~~rro~ri TX 7 G-2 0 7 ,PO ntrG Telephone Number. "/SAO-..2G.2 - a.?S'O Physical Address of Property within 2(10 feet: 9// 7 ~v-x/~.~'rEY .S'7"" ,JJ~Tr~, %X 7G.z p 7 CITY OF DENTON, TDG4S CITY BALL WEST • DENTON, TEXAS 76201 •940.349.8541 • (F) 940.349.7707 March 26, 2008 Kathleen wazny 9117 Perimeter Street Robson Ranch Dentoq T?{ 76207 9aa262-o2so randkwazny@hotmail.com Lori Shelton Planning & Development City of Denton ZZ 1 N. I:tm Denton, TX 76201 Re: Robson Ranch Citizen Concerns Regarding "inspiration" - A Proposed Development Dear Ms. Shelton: Anew mixed-use development is currently up for review by the City of Denton and is located adjacent to Robson Ranch, the community where i reside. Last night the developer of "Inspiration" hosted an informational session for residents of Robson Ranch so they could voice their concerns regarding the new devetopmeat A summary of their concerns is listed below: • Traffic Impact - As the development plan stands now, there are three roads that will flow directly out of the new development and onto Robson RarrcL Road, currently a narrow two lane highway with no shoulders, no streetlights, and no sidewalks. Residents of Robson Ranch, with 2,000 people, most of them retired, use Robson Ranch Road for ingress and egress to get to I35R/. Although later phases of Inspiration will flow traffic out of their northern perimeter near the Ponder E~ai, the first 5-10 years of development u~ll flow traffic out onto Robson Ranch Road. Robson Ranch Road, in its current status, is unequipped to handle Inspiration, a high _.. ..._ _..._ d~n3ity development with a projected population of 40,000 people.' `This enormous-' - ._ _ _ . influx of cars and tracts is unacceptable to citizens of Robson Ranch. In addidoq the 135tV intersection (where it meets Robson Ranch/Crau~ford Road) is currently a 4-Way Stop, and is also unequipped to handle a huge increase in traffic. TDOT Las not approved a new interchange far this proposed new development Citizens of Robson Ranch are extremely concerned at the Ir7celihood of emergency equipment, i_e., ambulances and fire tnrclrs, being stuct•in traffic, at botL the I35W interchange and also along Robson Ranch Road, and ~t able tb get to Robson RancL residents when minutes count CITIZENS ASR FOR: A detailed TraflYC Impact Analysis far both Robson Ranch Road and the imetsection of l3SW and Robson Ranch/Crawford Road. The Planning ~@ Zoning Board should not consider approval for Inspiration anti! this Analysis has been completed and residents of Robson Ranch Lave been gives an opportunity m study it and share their comments with City staff. Page 1 of 3 Re: Robson Ranch Citizen Concerns Regarding "Inspiration" - A Proposed Development Page 2 of 3 • f~igh Density - As the plan stands now, 672 apartments are proposed in Phase 1 A and 1 B. This is a massive zoning change from the current inning of NR2 and A, to a proposed NRI S and NR20. This density change is ttrtacceptable to residents of Robson Ranch. It is completely out of character with existing residential neighborhoods that surround the area Without a complete and total expansion of BOTH the i35W intersection and Robson Ranch.Road, the jump to such high density is a public softly risk because of an inadequate road system. Regarding the entire development of inspiration, there is nothing consistent with changing current laced use from Agriculture to a 40,000 petsoq high density city. The developer is asking for a 600% increase in density from 2,500 [mils currently allowed, to 15,SW units. There is nothing consistent with adding 20,000 cars to an already clogged transportation system. • Boger Between Developmet-ty - As the plan stands now, there is no buffer between Robson Ranch and inspiration. Consider the retirement population of Robson Ranch and the probable residents of Inspiration as young families with children. Robson Ranch residents request a fence, as well as a raised earthen berm, with landscaping, along the botuuiary of the two developments. In additioq a school is planned adjacent to the border of Robson Ranch in Phase 6. We ask consideration that the school be moved aw2y from the boundary with Robson Ranch, towards the interior of inspiration. • Police Sob~tation - As the plan stands now, with 40,000 people, there is ao provision for a police substation. l.aw enforcement officers will have to drive from Denton to service the project. •' Water -The water line servicing Robson Ranch should not be tapped for this project. Before Ciry approval, the developer must provide a detailed plan on water usage estimates and"water requirements to service 40;000 people. ~ - ~ - - - • "Green" Housing -The developer has failed to address sustainabiliry regarding the demands on water/wastewater and utilities. Cities, including~Dallas, are moving towards new building standards- Using the Texas A&M E3 model, a 15% energy savings can be achieved at a cost of 52,000 per home. With a "build ouY' taking approximately 15 to 20 Years, the time is now to require the developer to raise his building standards. • Upland Areas -The upland areas are segregated from the wetland areas by housing development. Wildlife in the upland areas need corridors to get to and from water (wetland areas) without traversing areas of residential housing. Re: Robson Ranch Citizen Concerns Regarding "Inspiration" - A Proposed Development Page 3 of 3 • Wetland Stndy -Phases 1 A and 6 are adjacent to Robson Ranch and there are wetland areas in both Phases. Has the developer of Inspiration presented the City with a wetland study of this area? Tt should be required prior to approval. • Storm Water - A storm water outfall is located at the northern end of Perimeter Street, in Robson Ranch, and it appears to drain directly into a residential section of Inspiration How does the developer propose to direct this water flow through the residential area? In closing, I would remind dte City of Denton and City Planners of the "Dream of Denton" which was adopted by the City Council in 2002. Otte of the major points, in this Dream, Rvs "Denton retains its small town vahres while continuing cutting edge growth and viabi{ity.' This proposed project is inconsistent with Denton and should be rejected by City Plarmers, the Denton Planning & Zoning Commission, and the Denton Ciry Council. Thank you for your time and consideration Please contact me with any questions, comments or clarifications. Sincerely, Katlileen Wazny cc: ----- -...._ _ _ .._._PerryMcheilr-'Mayor - - _°- .. - .._ . - -- . - •- • -- -.. - - ~ - - -- --- Pete Kamp, District 2, May Pro Tern Chartye Heggins, District I Jack Thomson, District 3 Chris Watts, District 4 Bob Montgomery, At Large Place 5 Jce Mulroy, At Large Place 6, Deputy Mayor Pro Tem George Campbell -City Manager Mark (lmninuhnm -Director Planning ~ Development Ron Mertguita -Comprehensive Planning Supervisor Chuck Russell -Planning & Development Dawes Cobb -Managing Editor, Denton Record Chronicle NOTICE OF PUBLIC HEARING MPC07-0001 The Planning and Zoning Commission of the City of Denson will hold a public hearing on Wednesday, April 23, 2008 to consider making a recommendation to the City Councl regarding the rezoning of approximately 3,331 acres of land from Agriculture (A), Industrial Center General (IC-G), Neighlwrhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development District No. 138 (PD-138) zoning districts to the Hunter Ranchflnspiration Masser Planned Community (Hunter Ranchllnspiration MPC) zoning district. The property is generally located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard as shown on the attached map. The public hearing wiU start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within one of the three existing planned developments that are amended by this zoning request, the Planning and Zoning Commission would tike.to.hear_how you_fee! about fltis request and inyite~ you_to attend the. public hearing.. Please note this proposed rezoning will not change fhe zoning o/ The Vintage Subdivision or Country Lakes Subdivision. The only property to be rezoned as part of this request is the shaded area within the buffers labeled 200 feet on the attached map. Please, in order for your opinion to be taken into account, ratum this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and paRicipating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST •_. _~. _....__. -_.__-perytoW.,.I~caz-76201___..^..__ ___~_-•---------------- Attn: Lori SheRon, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Opposed to request Reasons for Opposftlon: Signature: t~dhF~l...-e. ~-CJ c.t_.T~lgqs~ro~ Printed Name: ~cc.~•o ~ i h ~ W QS"FI~ ro>= ~ Mailing Address: -Q'E 1 ~ -~Qr't UbeT~e..rS~-• City. State Zip: ~ ~u_hty- -f iC 7 ~ :! 0 7 Telephone Number. O - - 3 Physical Address of Properly within 200 feet: - fGf ~ -t.~.~CL¢a-+r-~, ~co-r~xCd - `~ Ada-dc..¢-azr. lJc.tJa-oj.~y, ~ ~e.a-~-e_U Vfvi ~ aA2 CITY OF DENTON, TDCAS GTY HALL W EST • DEtJTON, TEXAS 76201 •940.349.6541 • (F) 940.349.7707 ^. YTFB ~ xaLre NOTICE OF PUBLIC HEARING MPC07-0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, Aaril 23, 2008 to consider making a recommendation to the City Council regarding the rezoning of approximatety 3,331 aces of land from Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development District No. 138 (PD-138) zoning districts to the Hunter Ranch/Inspiration Master Planned Community (Hunter Ranch/lnspiration MPC) zoning district. The property is generally located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard as shown on the attached map. The public hearing will start at 6:30 p.m. in the City Councl Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within one of the three existing planned developments that are amended by this zoning request. the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please note this-proposed razorrirg-will not-change- the .zoning_.of-The Vintage Subdivision-or- Country-lakes Subdivision. The only property to be rezoned as part of this request is the shaded area within the buffers labeled Z00 feet on the attached map. Please, in order for your opinion to be taken into atxount. return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address bebw or drop it off in-person: Planning and Development Department 221 N. Elm ST Attn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: to favor of request Neutral to request Opposed to request Reasons for Opposition: n %~- o-ec- dl+- .ttact~.ti c~=~ `t3rJ_ K i'E~.J r~..:.r~ - Signature: ~.-1...:..~_ tt-L~~.4-Lv-o,~ Printed Name: Ca.~-et.:,., is.~a5-t'6~o{r Mailing Address: `1'f'r~~t'~u_.:...,~,r S~- City, State Zip: ~rc ,ti ~. '1 G i o n Telephone Number. Wo - ~~ -.21.3 3 Physical Address of Property within 200 feet: 3 CITY OF DENTOfif, TEXAS GTY HALL WEST • DENTON, TEXAS 76201 • 940.349.!3541 • (F) 940.349.7707 200&0407 719 54f7ip21» 910]{47707 P VI NOTICE OF PUBLIC NEARING MPCO7-0001 The Ptarv-ing and Zoning Commission of !tie City of Decrial v1i11 ttotd a public hearing on Wednesday. April 23. 2008 ro consider making a recommendation to the City Counal regarding the rezoning of approxenately 3.331 acres of land from Agricuitrrre (A}, Industrial Carrier General pC~). Netghbahood Residential 2 (NR-Z), Regional Center Residential t (RCR-t). Community Mined llse Employment (C(ul-E), and Planned Oevebpment DisUiat No. 138 (Pp-138) zoning d~strids to the Hunter RandlArlspiration Master Planned Comvwrlily (Harrier Rarxh/lnspiratim hlQC) Yaning distrid. The property is generaly !orated on boHl sides of t-35YY ttetween Robson Ranh Road and Vintage Boulevard as stto+wrl on the attached map. The public hearing wiA staA at 6:30 p.m. in the City CourlcU Chambers of City ball located at 2t5 E. MdCinneY Street, Demon. Texas. Because you awn property within one of the !cues exlsting planned devebpments that are amended by this inning rt90uest. U!e Pfannirg and Zoning Commission would Eke to hear how you /eel about this reQuest and imrites you ro attend the public hearing. Please note this proposed rezarting w8l not change the 2IXllrlg of Tha Vntege Subdivision o/ Country Lakes Su6dvisia+. The only propeAy to be rezoned as pa+t of this n9quest rs the shaded area within the buffers labeled 200 lee! on the attached map. Please. in order for your opinion to be taken into accaurri. retain this form with your txxnmeM9 prior ro the date of the <Kr06c hearing. (This b no wgy prohibits you hoar attending and participating b the public Rearing.) You may fez i1 t0 the rparlber bcaied al the bottom or mail R to the address bebw w dreg d off irrper,,pt: Planning and Devebprtrerrt Department 221 N. Elm ST Denton. Texas 76201 Attn: t.Ori Fflelton, Prpjee! titsna9e- These forma are used to calculate the ptxcentage of landowners that suppoR and appose the request. The Commission b informed of the percerri d responses in stlapoR and in opposition. Pkaae dtue one. ~v In favor of request Netr~ to request ~ Opposed to regtrest Raacorls tar Oppoettton: Signature: U- ~ Printed Name: fir' Ma81ng Address: 1 City, State Zlp• Teleptlone Number. Physipl Address of Property within Z00 t98C O ~ _ C/TY OF DE/YTt~lil, TEXAS errr wut west • oeNro-+. TEXAS 7ti20t • s1o.31s.ose, • (~ 91o.s19.7707 EXHIBIT 16 DISD Letter of Support DZ11toI1 Illdzpelideiii School District O-~.e:-a;icLS Di:-isiou ~_}~~ \aith ~•I~i hll load De~:t.~n. ~ eia~ -6?~8 Aprl 11, _'• i~JS Lori Shelton Dentou P .r•r:T 2 ~24aI'li Bert Git-,- o Denton '?1 Z~r=h ltu Si De<-tr 1~.Is. Shelton: The Denim L=•ciepenciert Sch-ul :aid ~.ge:ion C'~~uuities. tse deg:eloper of Le InsFlratiol \saster Planned Cow=.aru*_.~. are ens,~~d m neg~iraaan, :J Qbtain eleuentar:, ntid3l: school and hi_h shod sites to -er.7ce the anticipated t<a:ire ne-eas of :he d.,-eloprsea:t's student pagttlati~n_ Dert~~n I.S.D. gru~.ided Ageri~n C~n•:~tntitizs ;.~1t iufort~aaon detailing t¢e r~quirer-pest for he donwtion v= s~,-.n. i?), 7fteen ll?) acre elea~eniar;- sohcal =_ites and that the district desires to cuter into re~oti~tions for the grovosec purchase of one t`-1. fireen il?) acre early childhood .site, r.:-o (?; :s~tit,ble middle school sits ~ -and ane (1) suitable ltigh :.cliool siie. The n~tuiber of req~ured.sites is based on resi3eut•Lal densiiti- daea zsro:sided by _-gerioL Con~t>r:aes and t?~e SvriuQ 3r~ok ?lauuu:.e Gr~un. _~.nc clkwge iu r: sid~utial densit}- ar c~nc:gt of glas er design iu the ori~it:l de:~el~nment gl~r for Insghadon t~:ill re~iure f; Lo;r-titg e;-aluatior and rno3ificaaon iu the nuu=_ber ~f sc°~•oel .ices. t:fr. Lam' Reichhart, ~..zth ]te Springy 3rook Plarr~n~g Gr^ap, regreseutit:g zveri~n, irfented Denton ?.S.D. that ~geri~n has a?reed iv d~rrte ,see:eu (?) elen_entan- soho~l :sites nd is Brenared i4 l:eein discussion; regarding the purchase end placenieni of t~~e cx~ ('? uucdle ,school sites and the are i 1; high s.hcol site.:iperion Contnttwiiie&, the Sgriu? 3roo's Grang ~~d Dentcu I.S.D. are in ceree~ent regarding the need for f esibili~• in the locazen. glaceiueut a=nd glans e•.ti~tue choel faciaiies n•i•~hiu the Insniraiion Cam,,:,n,;T<.. Please ecntact me at g~i~_5u-G?~4 is g can be ^f further as =isiance or ansires aadizcnal questions. Respectfiill=; Submitted, Rod Ree~ses Paciliaes Coor ~=nat~r Denson ISD Cc: Dr P.a;_- B 4sn-ell Jamie ~~`ilsou Vonn Sisk Gene Holler: a ~, Glen `~~fuan Rardt~ Stout Lam;- Reichhari EXHIBIT 17 Denton County Historical Society Letter of Support EXHIBIT 18 Conceptual Transportation Impact Analysis Executive Summary ~„.~ 4 ti y G ~ F < <?. ` ` y~y ~' _ 7 ~ ~C 3 S ~ I j,•C i c y ~ i 5 ~~ + ~ _ y 4+ ; ~ F~ ; ~~ i ~~. I ~ . y ~ ~ ~ r ~~ ` ~ ~~ t ~ 3 f~~ ~ ~ ~• r 1 ~;~ ~ iii ~, x !, ~ s ~~ ~: ~ ~ iR3 }~~ ~ ~S g~_ = R as { T~ _..~ ,:. ti9 t :~ [~~ ~ ~ r~~ I-~ ~~ ;,~ i z 9r 1 '~ %~ i~~ s`t ~ ~ i ~, ii~ r I 9 ~ r~ ~-~ -° s '~ ,~~i 3 ~~ %~ r y i ~ L i c c~ n .. r ~~` , 'f ~f t. ~• a _ V ~ a i i ~ `i n ~°'t,} ~;:~ ~; ~~- s fb. C~-) I F Cg+3 c 7%s Q~ ; ~a?i " k3cZ s. ~ i EXHIBIT 19 Subchapter 35.7.12 Master Planned Community (MPC) District EXHIBIT 20 Planning and Zoning Commission Minutes EXHIBIT 21 EXHIBIT A INSPIRATION MPC LEGAL DESCRIPTION TRACT I FIELD NOTES to all that certain tract of land situated in the following six surveys: 1) E. Pizano Survey Abstract-Number 994; 2) G. Pettingale Survey Abstract Number 1041, 3) J. Taft Survey Abstract Number 1269, 4) G. West Survey Abstract Number 1393, 5) B.B.B. & C. Railroad Company Survey Abstract Number 159, and 6) B.B.B. 6 C. Railroad Company Survey Abstract Number 158, in Denton County, Texas and being the McCutchin lands known as Pilot Knob Ranch lying West of Interstate Highway 35 West, south of F.M. Highway 2449 and North of Crawford Road, as recognized and occupied on the ground; the subject tract being more particularly described as follows: BEGINNING for the most Southerly Southwest corner of the tract being described herein at the recognized Southwest corner of the E. Pizano Survey in the middle of Crawford Road, same being the apparent Southwest corner of a called 400 acre tract of land described in the McCutchin Deed recorded in Volume 321, Page 65 of the Deed Records of Denton County, Texas; an iron rod set from which a 8 THENCE North 00 degrees 04 minutes 29 seconds West with the West line of the said survey and said 400 acre tract a distance of 3345.0 feet to the monumented Southwest corner of a called 1491.6 acre tract of land described in the McCutchin Deed recorded in Volume 296, Page 503 of the said Deed Records; a 1 1/2 inch iron pipe found at a bend in a very old abandoned road from which a 9 inch steel fence corner post in concrete bears South 15 feet and East 6 feet; THENCE North 00 degrees 04 minutes 29 seconds East generally along a fence with the monumented West line of the said 1491.6 acre tract and the said survey a distance of 3074.86 feet to a reentrant corner of the said tract,-same being the apparent Northeast corner of the M. Scurlock Survey Abstract Number 1141 and the Northwest corner of the said Pizano Survey in : in concrete from which a 1 ½ inch iron pipe bears East 3 feet; 89 THENCE North degrees 35 minutes 40 seconds West generally along a fence with the South line of the said 1491.6 acre tract and the apparent South line of the said Pettingale Survey a distance of 1215.55 feet to a bois d'arc fence corner in concrete at the West Southwest corner of the said tract, same being the apparent Southwest corner of the said Pettingale Survey and the apparent Southeast corner of the F. Garcia Survey Abstract Number 502; THENCE North 00 degrees 40 minutes 51 seconds East generally along a fence with the recognized and occupied West line of the said 1491.6 acre tract a distance of 3802.57 feet to a THENCE South 89 degrees 39 minutes 42 seconds East generally along a fence with the North line of the said tract a distance of-5806.06 fence corner post in concrete from which a 1 inch iron pipe bears East 3 feet; THENCE North 01 degrees 51 minutes 13 seconds East with a fence a distance of 92.21 feet to a THENCE South 89 degrees 56 minutes 51 seconds East generally along a fence continuing with said North line a distance of 5406.7 feet to the Northeast corner of the said 1491.6 acre tract in the West line of the 895 1/2 acres set apart to Randolph Paine in the partition of the Estate of J. H. Paine as described in the Field Notes recorded in Volume 296, Page 503, same being the West line of the called 1st tract described in the Deed to McCutchin recorded in Volume 304, Page 13.8 feet; THENCE North 00 degrees 24 minutes 24 seconds East along the middle of said road and with the West line of the said McCutchin 1st tract passing its Northwest corner and the Southwest corner of the called 3rd tract recorded in Volume 304, Page 123 and the South line of the G. West Survey Abstract Number 1393 and continuing with the middle of the said road and the apparent West line of the said 3rd tract, in all, a total distance of 6119.52 feet-to the Southwest corner of the tract described in the Deed to the State of Texas for F.M. 2449 right-of-way recorded in Volume 537, Page 150 of the Deed Records of Denton County, Texas; an iron rod set: from which a wooden right-of-way marker at a corner of the East line fence of the said road bears North 44 degrees 41 minutes East a distance of 44.feeti THENCE North 44 degrees 41 minutes 34 seconds East with the monumented South line of a flare in the South right-of-way of F. M. 2449 a distance of 231.60 feet to a wooden right-of-way marker at the end of the said flare and being -in a curve to the right having a radius of 1096.28 feet; THENCE in a Southeasterly direction continuing with the monumented South line of the said highway along the arc of the said curve an arc length of 214.93 feet (chord bearing South 66 degrees 11 minutes 00 seconds East a distance of 214.59feet) to a wooden right-of-way marker at the end of the said curve; THENCE continuing with the monumented South line of the said highway South 60 degrees 34 minutes 00 seconds East a distance of 2321.10 feet to a wooden right-of-way marker at the beginning of a curve to the left having a radius of 5779.65 feet; THENCE in a Southeasterly direction continuing with the South line of the said highway along the arc of the said curve an arc length of 150.28 feet (chord bearing of South 61 degrees 18 minutes 42 seconds East a distance el'150.27 feet) to the Southeast corner of the said State of Texas tract in the apparent East line of the said G. West Survey, same being the apparent West line of the S. Pritchett Survey Abstract Number 1021; from which an 5/8 inch iron rod found bears South 1.4 feet; THENCE South 00 degrees 05 minutes 31 seconds West generally along a fence with the East line of the abovementioned McCutchin 3rd tract a distance of 1962.90 feet to the monumented Northwest corner of the called 2nd tract recorded in Volume 304, Page 123; a 3/4 inch iron rod found at a fence corner post; THENCE South 89 degrees 28 minutes 29 seconds East with the North line of the said 2nd tract along a fence a distance of 47.19 feet to a 3/4 inch iron rod found in the monumented West line of the said Interstate Highway 35 West; THENCE with the West line of the said interstate highway as monumented on the ground the following 26 courses and distances (number to coincide with the accompanying sketch); South 26 degrees 51 minutes 50 seconds West a distance of 1541.05 feet to an angle point; South 32 degrees 24 minutes 59 seconds West a distance of 200.99 feet to a concrete right-of-way monument; South 26 degrees 50 minutes 48 seconds West a distance of 399.97 feet to a concrete right-of-way monument; South 19 degrees 59 minutes 29 seconds West a distance of 201.6 feet to an angle point; South 26 degrees 51 minutes 07 seconds West a distance of 2963.37 feet to a concrete right-of- way monument; North 32 degrees 58 minutes 24 seconds West a distance of 200.44 feet to a concrete right-of-way monument; North 18 degrees 38 minutes 52 seconds West a distance of 155.22 feet to a concrete right-of-way monument; North 00 degrees 00 minutes 36 seconds East a distance of 111.56 feet to a concrete right-of-way monument; 9) North 29 degrees 35 minutes 38 seconds West a distance of 44.23 feet to a concrete right-of- way monument in the East line of John Paine Road; North 89 degrees 31 minutes 51 seconds West crossing said road a distance of 46.34 feet to a concrete right-of-way monument in the West line of the said road; South 30 degrees 08 minutes 29 seconds West a distance of 44.49 feet to a concrete right-of-way monument; South 00 degrees 07 minutes 33 seconds West a distance of 210.67 feet to a concrete right-of-way monument; South 09 degrees 29 minutes 35 seconds East a distance of 101.10 feet to a concrete right-of-way monument; South 01 degrees 01 minutes 12 seconds East a distance of 119.57 feet to a concrete right-of-way monument; South 32 degrees 55 minutes 17 seconds East a distance of 272.33 feet to the remains of a concrete monument; South 26 degrees 52 minutes 06 seconds West-a distance of 2560.36 feet to the remains of a concrete right-of-way monument the beginning of a curve to the right having a radius of 11,296.19 feet; I7) Southwesterly direction along the arc of the said curve an arc length of 606.91 feet (chord bearing South 28 degrees 32 minutes 29 seconds West a distance of 606.84 feet) to a concrete right-of-way monument at the end of the said curve; South 29 degrees 56 minutes 48 seconds West a distance of 2715.14 feet to a concrete right-of- way monument; South 35 degrees 25 minutes 55 seconds West a distance of 202.01 feet to a concrete right-of-way monument; South 29 degrees 56 minutes 31 seconds West a distance of 899.10 feet to the remains of a concrete monument; 21) South 33 degrees 04 minutes 08 seconds West a distance of 145.47 feet to a 4 inch steel fence corner post; 22) North 89 degrees 28 minutes 51 seconds West a distance of 55.76 feet to a 6 inch steel fence corner post at a reentrant corner of the called 69.318 acre tract described in the Deed to McCutchin recorded in Volume 321, Page 42; 23) South 00 degrees 03 minutes 00 seconds East a distance of 91.13 feet to a 4 inch steel fence corner post; 24) South 29 degrees 56 minutes 30 seconds West a distance of 750.28 feet to a concrete right- of-way monument; 25) South 33 degrees 22 minutes 50 seconds West a distance of 497.76 feet to a concrete right-of- way monument; 26) South 29 degrees 55 minutes 50 seconds West a distance of 128.26 feet to an iron red set in the West line of the said 69.318 acre tract; THENCE North 00 degrees 09 minutes 01 seconds East with the said West line passing at 105 feet, a 4 inch steel fence corner post and continuing along the same course and with a fence, in all, a .total distance of 1573.13 feet to a fence corner post at a reentrant corner of the said 69.318 acre tract; THENCE North 89 degrees 46 minutes 33 seconds West generally along a fence and the South line of the said tract a distance of 723.01 feet to the most Westerly Southwest corner of the said 69,318 acre tract in the East line of the abovementioned McCutchin 400 acre tract; an iron rod set in an abandoned road, from which a 6 inch steel fence corner post bears East 39 feet and a 4 inch bois d'arc fence corner post bears West 2 feet and North 2 feet; THENCE South 00 degrees 14 minutes 41 seconds West with the apparent East line of the said 400 acre tract and along the abandoned road a distance of 2453.18 feet to the Southeast corner thereof in the apparent south line of the said E. Pizano Survey in Crawford Road; an iron rod set from which a bois d'arc fence corner post bears North 25 feet and West 23 feet; THENCE North 89 degrees 32 minutes 57 seconds West along Crawford Road with the South line of the said tract and the South line of the said Pizano Survey a distance of 5225.00 feet to the PLACE OF BEGINNING and enclosing 2329.49 acres of land. TRACT II FIELD NOTES to all that certain tract of land situated in the following seven surveys 1) B.B.B. & C. Railroad Survey Abstract Number 158, 2) J. Taft Survey Abstract Number 1269, 3) B.B.B. & C. Railroad Company Survey Abstract Number 159, 4) G. Pettingale Survey Abstract Number 1041, 5) B.B.B. & C. Railroad Company Survey Abstract Number 160, 6) S. Pritchett Survey Abstract Number 1021, and 7) G. West Survey Abstract Number 1393, Denton County, Texas and being the McCutchin lands known as Pilot Knob Ranch lying East of Interstate Highway 35 West, recognized and occupied on the ground; the subject tract being more particularly described as follows: BEGINNING at a salient corner of the called 1491.6 acre tract described in the Deed to McCutchin recorded in Volume 296, Page 503 of the Deed Records of Denton County, Texas and called in the said Deed to be the Southeast corner of the J. Taft Survey; an iron rod set in John Paine Road at its intersection with Johnson Lane from which a 1 inch iron pipe bears West 23.6 feet and North 25 feet; THENCE South 00 degrees 02 minutes 39 seconds West with the East line of the B.B.B. & C. Railroad Company Survey Abstract Number 158 in said John Paine Road being the East line of a called 215 acre McCutchin tract described in the Deed recorded in Volume 298, Page 318 of the said Deed Records, a distance of 3648.27 feet to an iron rod set for the Southeast corner of the said 215 acre tract from which a bois d'arc fence corner post bears West 13.5 feet; THENCE North 89 degrees 32 minutes 20 seconds West generally along a fence with the South line of the said 215 acre tract a distance of 2290.84 feet to the apparent and occupied Southeast corner of the called 5 acre tract excepted to in the Deed describing the said 215 acre tract; an iron rod found at a fence corner post; THENCE North 00 degrees 58 minutes 25 seconds East generally along a fence with the East line of the said 5 acre tract a distance of 497.55 feet to the occupied and recognized Northeast corner thereof; an iron-rod found at a fence corner post; THENCE North 89 degrees 28 minutes 51 seconds West generally along a fence with the North line of the said 5 acre tract a distance of 274.12 feet to an iron rod set in the Easterly right-of-way line of Interstate Highway 35 West; THENCE with the East line of the said Interstate Highway as monumented on the ground the following 20 courses and distances (numbered to coincide with accompanying sketch); North 29 degrees 55 minutes 05 seconds East a distance of 847.36 feet to a concrete right-of-way monument; North 24 degrees 19 minutes 46seconds East a distance of 203.06 feet to a concrete right-of-way monument; North 29 degrees 57 minutes 39 seconds East a distance of 2716.63 feet to a concrete right-of- way-monument at the beginning of a curve to the left having a radius of 11051.73 feet; Northeasterly direction along the arc of the said curve an arc length of 623.08 feet (chord bearing of North 28 degrees 24 minutes 50 seconds East a distance of 623.01 feet) to a concrete right-of- way monument; North 26 degrees 51 minutes 24 seconds East a distance of 2147.84 feet to a concrete right-of- way monument; South 89 degrees 28 minutes 18 seconds East a distance of 470.78 to a concrete right-of-way monument; South 75 degrees 54 minutes 08 seconds East a distance of 71.35 feet to a concrete right-of-way monument; South 89 degrees 46 minutes 35 seconds East a distance of 80.17 feet to a concrete right-of-way monument; North 72 degrees 34 minutes 49 seconds East a distance of 52.80 feet to a concrete right-of-way monument in the South line ofAllred Road; North 17 degrees 13 minutes 20 seconds east crossing said road a distance of 51.61 feet to a concrete right-of-way in the North line of the said road; North 69 degrees 30 minutes concrete right-of-way 03 seconds West a distance of 229.53 feet to a monument; North 54 degrees 05 minutes 14 seconds Nest a distance of 163.42 feet to a concrete right-of-way monument; North 33 degrees 12 minutes 11 seconds West a distance of 210.76 feet to a concrete right-of-way monument; North 26 degrees 51 minutes 41 seconds East a distance of 3165.30 feet to a concrete right-of- way monument; North 36 degrees 44 minutes 37 seconds East a distance of 203.09 feet to a concrete right-of-way monument; North 26 degrees 49 minutes 40 seconds East a distance of 399.43 feet to a concrete right-of-way monument; North 33 degrees 24 minutes 38 seconds East a distance of 400.30 feet to a concrete right-of-way monument; North 26 degrees 39 minutes 55 seconds East a distance of 399.88 feet to a concrete right-of-way monument; North.15 degrees 48 minutes 59 seconds East a distance of 305.23 feet to a concrete right-of-way monument; 46) North 26 degrees 54 minutes 23 seconds East a distance of 833.65 feet to a 1 inch iron rod found in the North line of a called 2nd tract in the McCutchin Deed recorded in Volume 304, Page 123; THENCE South 89 degrees 54 minutes 09 seconds East generally along a fence with the North line of the said 2nd tract a distance of 1997.83 feet to a 1 inch iron rod found at the Northeast corner of the said tract in the apparent East line of the S. Pritchett Survey Abstract Number 1021; THENCE South 00 degrees 13 minutes 57 seconds East generally along a fence with the East line of the said 2nd tract and said survey crossing Roark Branch and continuing along said course, in all, a total distance of 2217.65 feet to a 1 inch iron rod found at the Southeast corner of the said 2nd tract and said survey; THENCE South 89 degrees 38 minutes 41 seconds East generally along a fence with the North line of the called 200.935 acre tract described in the Deed to McCutchin recorded in Volume 328, Page 332 and the apparent North line of the B.B.B. & C. Railroad Company Survey Abstract Number 160 a distance of 2659.26 feet to the Northeast corner of the said 200.935 acre tract and said survey; an iron rod found in the middle of Bonnie Brae Road from which 12 inch steel fence corner post bears West 31 feet; THENCE South 00 degrees 39 minutes 53 seconds East along Bonnie Brae Road with the East line of the said tract and the said survey a distance of 3265.02 feet to the Southeast corner of the said 200.935 acre tract in the intersection with Allred Road; an iron rod set from which a 6 inch fence corner post bears North 18 feet and West 31 feet; THENCE North 89 degrees 27 minutes 39 seconds West along Allred Road with the apparent South line of the said tract a distance of 3609.61 feet to an iron rod found at the Northwest corner of a called 147.58 acre, tract of land described in Deed from G. H. Flowers et ux to McCutchin Investment Company Inc. recorded in Volume 332, Page 86 of the said Deed Records; THENCE North 89 degrees 41 minutes 30 seconds West continuing along Allred Road, passing the Southeast corner of the said Pettingale Survey and continuing along the same course with the South line of the Pettingale Survey and the North line of the B.B.B. & C. Railroad Co. Survey Abstract Number 159, in all, a total distance of 2122.09 feet to the Northeast corner of a called 142 acre tract described in the Deed to McCutchin recorded in Volume 301, Page 522 of the said Deed Records; a nail feue5 from which a fence corner post bears South 25 feet; THENCE South 00 degrees 06 minutes 52 seconds West generally along a fence with the East line of the said 142 acre tract a distance of 2639.77 feet to the Southeast corner thereof in the apparent South line of the said B.B.B. & C. Railroad Co. Survey Abstract Number 159; an iron red set in Johnson Lane from which a fence corner post bears North 10 feet and another fence corner post bears North 32 feet; THENCE North 89 degrees 27 minutes 34 seconds West along Johnson Lane with the South line of the said tract and survey a distance of 2353.07 feet to the PLACE OF EGINNING and enclosing 917.60 acres of land. TRACT III FIELD NOTES to all that certain tract of land situated in the S. Pritchett Survey Abstract No. 1004, the G. West Survey Abstract Number 1393, the I. Byerly Survey Abstract Number 1458 and the J. Dalton Survey Abstract Number 353, Denton County, Texas and being all the 4th, 5th, and 6th tracts and a part of the 3rd tract described in the Deed to McCutchin recorded in Volume 304, Page 123 of the Deed Records of Denton County, Texas; the subject tract being more particularly described as follows: BEGINNING at a 1 inch iron rod found at the called Northwest corner of the S. Pritchett Survey Abstract Number 1021, same being the South Southwest corner of the called 51 acre 5th tract mentioned above; THENCE South 00 degrees 04 minutes 56 seconds West generally along a fence with the West line of the said Pritchett Survey Abstract Number 1021, same being the East line of the said G. West Survey and the East line of the said 3rd tract, a distance of 997.02 feet to the most Easterly Northeast corner of the tract described in the Deed to the State of Texas for F. M. 2449 right-of- way recorded in Volume 537, Page 150 of the said Deed Records; a point in the North line thereof 0.2 feet North of an iron rod found and being in a curve to the right having a radius of 5679.65 feet; THENCE in a Northwesterly direction along the arc of the said curve and the North line of the said highway an arc length of 94.70 feet (chord bearing of North 61 degrees 02 minutes 39 seconds West a distance of 94.69 feet) to a wooden right-of-way marker at the end of the said curve; THENCE North 60 degrees 34 minutes 00 seconds West continuing with the North line of the said highway a distance of 2321.10 feet to a wooden right-of-way marker at a flare in the said highway; THENCE North 00 degrees 17 minutes 18 seconds East with said flare a distance of 100.0 feet to the apparent North line of the said West survey in the middle of Underwood Road; an iron rod set from which a wooden right-of-way marker bears South 24.5 feet; THENCE South 89 degrees 42 minutes 00 seconds East along Underwood Road with the apparent North line of the said survey a distance of 986.30 feet to the Southwest corner of the said 5th tract; an iron rod set at a bend in the road from which a fence corner post bears East 32 feet and South 23 feet; THENCE North 01 degrees 46 minutes 48 seconds East continuing along Underwood Road with the apparent West line of the said 5th tract a-distance of 1205.84 feet to the celled West Southwest corner of the Dalton Survey and the apparent Northwest corner of the said tract; an iron rod set from which a fence corner post bears East a distance of 23.4 feet; THENCE South 88 degrees 57 minutes 09 seconds East along the general course of a fence line with the North line of the said 5th, tract and the South line of the said Dalton Survey at 389.6 feet an iron rod fourth for the Southeast corner of the called 2.408 acre tract described in the Deed to Kenneth Morgan recorded in Volume 1010, Page 825 of the Deed Records of Denton County, Texas bears North 5.4 feet; continuing along the same course, in all, a total distance of 1186.63 feet to the Northwest corner of the called 6th tract at a reentrant corner of the Dalton survey; THENCE South 89 degrees 48 minutes 53 seconds East continuing along the general course of the said fence with the North line of the said 6th tract a distance of 657.86 feet to the Northeast corner thereof-in the West line of the said S.Pritchett Survey Abstract Number 1004; a 4 inch bois d'arc fence corner post n concrete on the South bank of Hickory Creek; THENCE South 00 degrees 08 minutes 38 seconds West generally along a fence with the west line of the Pritchett Survey at 230 feet crossing Hickory Creek continuing along the same course, in all, a total distance of 527.73 feet to the middle of Hickory Creek where crossed again for the Northwest corner of the said 4th tract; THENCE the meanders of Hickory Creek the following 3 courses and distances: 1) South 38 degrees 01 minutes 02 seconds East a distance of 256.75 feet; South 43 degrees 16 minu tes 26 seconds East a distance of 563.31 feet to a bend in the old channel; South 05 degrees 47 minutes 51 seconds West with the old channel a distance of 329.56 feet to the South line of the said S. Pritchett Survey Abstract Number 1004, being the North line of the S. Pritchett Survey Abstract Number 1021 at the Southeast corner of the said 4th tract; an iron pipe set in the old creek bed from which a cross-tie fence corner post bears South 87 degrees 30 minutes West a distance of 67.5 feet; THENCE North 89 degrees 53 minutes 44 seconds West along the general course of an old fence line with the North line of' the said S. Pritchett Survey Abstract Number 1021, passing the Southwest corner of the S. Pritchett Survey Abstract Number 1004, continuing along the same course, in all, a total distance of 1272.40 feet to the PLACE OF BEGINNING and enclosing 96.85 acres of land. TRACT IV FIELD NOTES to all that certain tract of land situated in the E. Pizano Survey Abstract Number 994, Denton County, Texas and being part of the called 69.318 acre tract described in the Deed from William L. Gravley et ux to Alex McCutchin recorded in Volume 321, Page 42 of the Deed Records of Denton County, Texas; the subject tract being more particularly described as follows: BEGINNING for the Southeast corner of the tract being described herein at a 6 inch steel fence corner post at the South Southeast corner of the said 69.318 acre tract; THENCE North 87 degrees 13 minutes 13 seconds West with the South line of the said tract generally along a fence at 303.6 feet passing the end of the said fence and continuing along said course, in all, a total distance of 359.06 feet to the remains of a concrete right-of-way monument in the East line of Interstate Highway 35 West; THENCE North 30 degrees 01 minutes 38 seconds East with the East line of the said highway a distance of 153.66 feet to a concrete right-of-way monument; THENCE North 27 degrees 03 minutes 45 seconds East continuing with the said highway a distance of 500.93 feet to a concrete right-of-way monument at an angle point in said highway; THENCE North 29 degrees 54 minutes 55 seconds East with the said highway a distance of 106.75 feet to an iron rod set for the North corner of the herein described tract in the East line of the said 69.318 acre tract; THENCE South 00 degrees 03 minutes 00 seconds East with the East line of the said tract generally along a fence a distance of 689.05 feet to the PLACE OF BEGINNING and enclosing 2.82 acres of land. SAVE AND EXCEPT: 4.102 ACRE TRACT FIELD NOTES to all that certain tract of land situated in the I. Byerly Survey Abstract Number 1458 and the J. Dalton Survey Abstract Number 353, Denton County, Texas and being a part of Tract III described in the Deed from Perot Investment Partners, Ltd. to Hillwood/McCutchin, Ltd. recorded in Volume 2470, Page 678 of the Real Property Records of Denton County, Texas; the subject tract being a strip off the North end of the said Tract III and being more particularly described as follows: BEGINNING for the Northwest corner of the tract being described herein at the Northwest corner of the said Tract III at a 1/2" iron rod found in Underwood Road (approximately 54 feet wide as fenced at this point) 23.4 feet Westerly from a fence corner post on the East side of the road and further being the called West Southwest corner of the said J. Dalton Survey; THENCE South 88 Degrees 57 Minutes 09 Seconds East with the North line of the said Tract III and the South line of the said Dalton Survey, at 389.6 feet an iron rod found for the Southeast corner of the called 2.408 acre tract described in the deed from Kenneth Morgan et ux to William Clinton Lynch et ux recorded in Volume 2190, Page 507 of the said Real Property Records bears North 5.43 feet; continuing along the same course, in all, a total distance of 1186.63 feet to a 1/2 inch iron rod set at an angle point in the North Line of Tract III at a reentrant corner of the said Dalton Survey; THENCE South 89 Degrees 48 Minutes 53 Seconds East continuing along the general course of the said fence with the North line of the said Tract III a distance of 657.86 feet to the Northern Northeast corner thereof in the West Line of the S. Pritchett Survey Abstract Number 1004; a 4" bois d'arc fence corner post in concrete on the South bank of Hickory Creek; THENCE South 00 Degrees 08 Minutes 38 Seconds West generally along a fence with the East line of the said Tract III and the West line of the Pritchett Survey a distance of 100.00 feet to a 1/2 inch iron rod set for the Southeast corner of the herein described tract; THENCE North 89 Degrees 15 Minutes 35 Seconds West severing Tract III and crossing the East line of the Byerly Survey and the West line of the Dalton Survey, continuing along the same . course, in all, a total distance of 1847.30 feet to a 1/2" iron rod set for the Southwest corner of the herein described tract on the West line of the said Tract III in Underwood Road 23 feet Westerly from the fence on the East side thereof; THENCE North 01 Degrees 46 Minutes 48 Seconds East with the West line of Tract III a distance of 100.00 feet to the PLACE OF BEGINNING and enclosing 4.102 acres of land. Exhibit B IMPC NSPIRATION Zoning Document Development Standards Document Including Zoning Districts Limitations Development Thresholds General Regulations Site Design Standards Parking Standards Signage Environmentally Sensitive Areas Transportation Definitions Additional Standards General Note: Except as clearly and specifically stated herein, the provisions of this document are subordinate to all ordinances of general application in the City of Denton, Texas. The provisions of this document do not modify or amend any ordinance of the City of Denton, and have no applicability whatsoever outside the Inspiration Master Planned Community. The terms of this document serve as limited exceptions to the general zoning standards of the City of Denton, only to the limited extent specified herein, and are intended to be construed narrowly and restrictively. Any stated exceptions to specific sections of any ordinance or land use standard shall apply only to the limited extent necessary to achieve the stated exception, and all other requirements of such cited provisions that are not specifically excepted shall continue to apply in full force and effect within the Inspiration Master Planned Community. § 35.5 shall be excepted as follows: Only those uses listed in the tables below shall be permitted in each phase of the Inspiration MPC development in the areas so designated on the Development Plan Map. If there is a question as to whether a use not listed below is permitted, the Director of Planning shall make a determination whether the use is permitted or prohibited. Neighborhood Districts: NR-1 Neighborhood Residential 1 NR-1 (N) Neighborhood Residential 1N NR-2 Neighborhood Residential 2 NR-3 Neighborhood Residential 3 NR-4 Neighborhood Residential 4 NR-6 Neighborhood Residential 6 NR-10 Neighborhood Residential 10 NR-15 Neighborhood Residential 15 NR-20 Neighborhood Residential 20 Permitted Uses: The following uses and their accessory uses are permitted as contained in the use tables below: Residential Land Use Categories Agriculture P P P P P P P P P Livestock IL N IL IL IL IL IL IL IL (1)(1)(1)(1)(1)(1)(1)(1) Single Family Dwellings P N P P P P P N N Accessory Dwelling Units IL N IL IL IL IL IL N N (2)(2)(2)(2)(2)(2) Attached Single Family Dwellings N N N N N P P P P Dwellings Above Businesses N N N N N N P P P Live/Work Units P N P P P P P P P Duplexes N N N N N P P N N Community Homes For the Disabled P N P P P P P P P Group Homes N N N N N N SUP SUP SUP Multi-Family Dwellings N N N N N N P P P Manufactured Housing N N N N N N N N N Developments P = Permitted, N = Not Permitted, SUP = Specific Use Permit Required, IL = Limited (X) as defined on page 10. Commercial Uses Home Occupation P N P P P P P P P Sales of Product Grown on Site N N N N N N N N N Hotels N N N N N N N P P Motels N N N N N N N N N Bed and Breakfast N N N N N N N P P Retail Sales and Service N N N N N N N IL IL (3)(3) Movie Theaters N N N N N N N N N Restaurant or Private Club N N N N N N N IL IL (4)(4) Drive-through Facility N N N N N N N N N Professional Services and Office N N N N N N N IL IL (3)(3) Quick Vehicle Servicing N N N N N N N N N Vehicle Repair N N N N N N N N N Auto and RV Sales N N N N N N N N N Laundry Facilities N N N N N N N P P Equestrian Facilities SUP N SUP N N N N N N Outdoor Recreation P N P P P P P P P Indoor Recreation N N N N N N N N N Major Event Entertainment N N N N N N N N N Commercial Parking Lots N N N N N N N N N Administrative or Research Facility N N N N N N N IL IL (5)(5) Broadcasting of Production Studio N N N N N N N IL IL (5)(5) Sexually Oriented Business N N N N N N N N N Temporary Uses IL IL IL IL IL IL IL IL IL (6)(6)(6)(6)(6)(6)(6)(6)(6) P = Permitted, N = Not Permitted, SUP = Specific Use Permit Required, IL = Limited (X) as defined on page 10. Industrial Land Use Categories Printing / Publishing N N N N N N N N N Wholesale Bakeries N N N N N N N L L (7)(7) Manufacture of Non-odoriferous N N N N N N N N N Foods Feed Lots N N N N N N N N N Food Processing N N N N N N N N N Light Manufacturing N N N N N N N N N Heavy Manufacturing N N N N N N N N N Wholesale Sales N N N N N N N N N Wholesale Nurseries N N N N N N N N N Distribution Center N N N N N N N N N Wholesale Storage and Distribution N N N N N N N N N Self-service Storage N N N N N N N N N Construction Materials Sales N N N N N N N N N Junk Yards and Auto Wrecking N N N N N N N N N Kennels N N N N N N N N N Veterinary Clinics N N N N N N P P P Sanitary Landfills, Commercial N N N N N N N N N Incinerators, Transfer Station P & Gas Wells N N N N N N N N IL(9) P = Permitted, N = Not Permitted, SUP = Specific Use Permit Required, IL = Limited (X) as defined on page 10. Institutional Land Use Categories Basic Utilities P P P P P P P P P Community Services P N P P P P P P P IL IL Parks and Open Space P P PP P P P (10)(10) Churches P N P P P P P P P Semi-public, Halls, Clubs & Lodges N N N N N N P P P Business / Trade School N N N N N N P P P Adult or Child Day Care P N P P P P P P P IL IL Kindergarten, Elementary School P N P P P P P (10)(10) IL Middle School N N N P P P P P (10) IL High School N N N P P P P P (10) Colleges N N N N N N N N N Hospital N N N N N N N N N Elderly Housing N N N N N N N P P Medical Centers N N N N N N N P P Cemeteries N N N N N N N N N Mortuaries N N N N N N N N N P = Permitted, N = Not Permitted, SUP = Specific Use Permit Required, IL = Limited (X) as defined on page 10. Mixed Use Districts: MUND Mixed Use Neighborhood District MUCD Mixed Use Community District MURD-E Mixed Use Regional District - Employment MURD-C Mixed Use Regional District - Commercial Permitted Uses: The following uses and their accessory uses are permitted as contained in the use tables below: Residential Land Use Categories Agriculture P P P P Livestock IL ILILIL (1)(1)(1)(1) Single Family Dwellings N N N N Accessory Dwelling Units N N N N Attached Single Family P N N N Dwellings Dwellings Above Businesses P N N N Live/Work Units P N N N Duplexes N N N N Community Homes For the P P P P Disabled Group Homes SUP N N N Multi-Family Dwellings P P N P Manufactured Housing N N N N Developments P = Permitted, N = Not Permitted, SUP = Specific Use Permit Required, IL = Limited as defined on (X) page 10. Commercial Uses Home Occupation P N N N Sales of Product Grown on Site N N N N Hotels P P P P Motels N N N P Bed and Breakfast P P P N Retail Sales and Service IL P IL P (3)(5) Movie Theaters P P N P Restaurant or Private Club IL P P P (4) Drive-through Facility N P P P Professional Services and Office IL P P P (5) Quick Vehicle Servicing N N N P Vehicle Repair N N N P Auto and RV Sales N N N P Laundry Facilities P P P P Equestrian Facilities N N N N Outdoor Recreation P P P P Indoor Recreation N P P P Major Event Entertainment N P P P Commercial Parking Lots N P P P Administrative or Research Facility IL P P P (5) Broadcasting of Production Studio IL P P P (5) Sexually Oriented Business N N N N Temporary Uses IL IL IL IL (6)(6)(6)(6) P = Permitted, N = Not Permitted, SUP = Specific Use Permit Required, IL= Limited as defined on (X) page 10. Industrial Land Use Categories Printing / Publishing N P IL P (8) Bakeries IL P IL P (7)(8) Manufacture of Non-odoriferous Foods N N N N Feed Lots N N N N Food Processing N N N N Light Manufacturing N N P N Heavy Manufacturing N N N N Wholesale Sales N N N N Wholesale Nurseries N N P N Distribution Center N N P N Wholesale Storage and Distribution N N N N Self-service Storage N N P N Construction Materials Sales N N N N Junk Yards and Auto Wrecking N N N N Kennels N N N N Veterinary Clinics P P P P Sanitary Landfills, Commercial Incinerators, Transfer Station N N N N Gas Wells N N N N P = Permitted, N = Not Permitted, SUP = Specific Use Permit Required, IL = Limited as defined on (X) page 10. Institutional Land Use Categories Basic Utilities P P P P Community Services P P P P Parks and Open Space P P P P Churches P P P P Semi-public, Halls, Clubs & Lodges P P P P Business / Trade School P P P P Adult or Child Day Care P P P N Kindergarten, Elementary School P N N N Middle School P N N N High School P N N N Colleges N P P P Hospital N N N N Elderly Housing P N N N Medical Centers P P P P Cemeteries N N N N Mortuaries N P P P P = Permitted, N = Not Permitted, SUP = Specific Use Permit Required, IL = Limited as defined (X) on page 10. § 35.5.8 shall be excepted to provide the following additional limitations with respect to the zoning classifications and use designations defined by this document: The following define the limitations to land uses when the use table identifies a use as permitted, but limited. IL(1) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. IL(2) = Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform to the overall maximum lot coverage and setback requirements of the district. 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. 4. One additional parking space shall be provided that conforms to the off-street parking provisions of the Denton Development Code. IL(3) = Uses are limited to no more than 15,000 square feet of gross floor area per use. Uses may be larger with approval of an SUP. IL(4) = Limited to sit down only, and no drive up service permitted. Limited to no more than 6,000 square feet of restaurant area. IL(5) = Uses are limited to no more than 10,000 square feet of gross floor area. Uses may be larger with approval of an SUP. IL(6) = Must meet the requirements of § 35.12.9 of the Denton Development Code, Temporary Uses. IL(7) = Bakery and bottling area areas not to exceed 2,500 square feet. Sales on premises of products produced required in this zone. IL(8) = If propose use is within 200 feet of a residential zone, approval is subject to a Specific Use permit. IL(9) = Must comply with the provisions of Subchapter 22 of the Denton Development Code, Gas Well Drilling and Production. If the initial operation is proposed within five head), approval is subject to a Specific Use Permit. IL(10) = No school sites or non-ESA open space / park land shall be developed abutting to existing Robson Ranch single-family lots as shown below in Exhibit A. Exhibit A Existing Robson Ranch Single Family Lots § 35.5 shall be excepted to establish the following thresholds for development: DEVELOPMENT THRESHOLDS: Maximum number of Single-Family Units 11,914 Average Single-Family Density 4.5 units per acre Maximum number of Multi-family Units 3,408 Minimum Lot Sizes Alley loaded Lots Non-alley loaded Lot A minimum of 12% of the total non-attached single-family lots shall be 10,000 square foot or larger. Each phase of the single-family development shall contain a mixture of different lot widths consisting of at higher. Single-family lots adjacent to existing or proposed single-family lots within the Robson Ranch Development shall be of equal or greater size in width, depth and area. House Sizes 1,600 square foot minimum A minimum of 10% of the detached single family dwellings shall be a minimum of 2,000 square feet. A minimum of 10% of the detached single family dwellings shall be a minimum of 2,200 square feet. Perimeter fences shall be constructed around the perimeter of all residential subdivisions including multifamily. The perimeter fences shall be owned and maintained by the POA. The perimeter fence design and construction will be consistent within each subdivision or neighborhood and will be constructed prior to any building permit issued for a house construction. The perimeter fence construction may be phased in accordance with an approved phasing plan for the development. Single-family to Multi-family Ratio* 77.8% to 22.2% A minimum of 2,500 single-family houses shall be constructed (permitted) prior to any multi-family units being constructed. *The Single-Family to multi-family ratio is based on maximum densities allowed within each zoning districts. § 35.5 shall be excepted to establish the following additional restrictions or exceptions with respect to the zoning classifications and use designations defined in this document: GENERAL REGULATIONS: Density (dwelling units per Maximum FAR Acreage acre) NR-1 1 n/a 214.8 NR-1 (N) 0 n/a 74.7 NR-2 2 n/a 475.2 NR-3 3.5 n/a 163.6 NR-4 4 n/a 728.2 NR-6 6 n/a 841.6 NR-10 10 n/a 221.7 NR-15 15 n/a 63.7 NR-20 20 n/a 62.7 MUND 20 (maximum of 200 units) 0.75 33.2 MUCD 20 (maximum of 300 units) 0.75 62.4 MURD-C 20 (maximum of 700 units) 1.5 205.3 MURD-E 0 0.75 183.5 GR: ENERAL EGULATIONS Single-Family Setbacks/Standards Matrix Per Lot Range or Building Type Detached Single-Family Homes 5,000 S.F. Minimum Lot- Alley Loaded Lots Maximum Building Height Maximum Lot Coverage 50% Minimum Lot Width at Building Line Minimum Lot Width at Corner Lots Minimum Setbacks: Front to Living Area Front to Porch Front to Garage n/a Side to Living Area Side to Living Area at Corner Lots Side to Porch Rear to Living Area Rear Living Area Over Garage allowed to encroach into setback Rear Alley Edge to Face of Garage Note: All setbacks are measured from right-of-way or lot lines unless noted otherwise. 5,000 to 5,999 S.F. Lots - Conventional Lots Maximum Building Height Maximum Lot Coverage 50% Minimum Lot Width at Building Line Minimum Lot Width at Corner Lots Minimum Setbacks: Front to Living Area Front to Porch Front to Garage Front to Swing in Garage* Side to Living Area Side to Living Area at Corner Lots Side to Porch Rear to Living Area Note: All setbacks are measured from right-of-way or lot lines unless noted otherwise 6,000 to 6,999 S.F. Lots - Conventional Lots Maximum Building Height Maximum Lot Coverage 50% Minimum Lot Width at Building Line Minimum Lot Width at Corner Lots Minimum Setbacks: Front to Living Area Front to Porch Front to Garage Front to Swing in Garage Side to Living Area Side to Living Area at Corner Lots Side to Porch Rear to Living Area Note: All setbacks are measured from right-of-way or lot lines unless noted otherwise. 7,000 to 9,999 S.F. Lots- Conventional Lots Maximum Building Height Maximum Lot Coverage 45% Minimum Lot Width at Building Line Minimum Lot Width at Corner Lots Minimum Setbacks: Front to Living Area Front to Porch Front to Garage Front to Swing in Garage Side to Living Area Side to Living Area at Corner Lots Side to Porch Rear to Living Area Note: All setbacks are measured from right-of-way or lot lines unless noted otherwise. 10,000 S.F. or Larger Lots- Conventional Lots Maximum Building Height Maximum Lot Coverage 40% Minimum Lot Width at Building Line Minimum Lot Width at Corner Lots Minimum Setbacks: Front to Living Area Front to Porch Front to Garage Front to Swing in Garage Side to Living Area Side to Living Area at Corner Side to Porch Rear to Living Area Note: All setbacks are measured from right-of-way or lot lines unless noted otherwise. Attached Single-Family Homes Attached Row Townhomes Maximum Building Height Building Separation: Living Space to Living Space - at Central Green Court Living Space to Living space at Green Court Front to Side Side to Side Opposing Porches, Garden Walls, Balconies Opposing Entries - Door to Door Minimum Setbacks: Note: All setbacks are measured from right-of-way or lot lines unless noted otherwise. Living Space Porch, Balcony Minimum Setbacks/Building Separation at Alley: Garage Face to Face Garage Face to Alley (Drive Apron) Living Space to Living Space Living Space Over Garage of garage allowed to encroach into setback Minimum Private Open Space Per Unit: Ground Unit 150 s.f. Note: Front of buildings face street or green court. Note: Central Green Court and Green Court are open space areas that serve as common outdoor space for the adjoining units. The units typically have an interior atrium / patio and a large entry porch facing the green court areas or sidewalk connecting to the green court areas. Central Green Court and Green Court are maintained by an HOA. Attached Multifamily Maximum Building Height Building Separation: Living Space to Living Space - at Central Green Court Living Space to Living Space at Green Court Front to Side Side to Side Opposing Porches, Garden Walls, Balconies Opposing Entries - Door to Door Minimum Setbacks: Note: All setbacks are measured from right-of-way or lot lines unless noted otherwise. Living Space Porch, Balcony Minimum Setbacks/Building Separation - at Alley: Garage Face to Face Garage Face to Alley (Drive Apron) Living Space to Living Space Living Space Over Garage face of garage allowed to encroach into setback. Minimum Private Open Space Per Unit: Ground Unit 150 s.f. Upper Story 100 s.f. Parking: Per Zoning Ordinance Note: Front of buildings face street or green court. Note: Central Green Court and Green Court are open space areas that serve as common outdoor space for the adjoining units. The units typically have an interior atrium / patio and a large entry porch facing the green court areas or sidewalk connecting to the green court areas. Central Green Court and Green Court are maintained by an HOA. Zoning District MUND MUCD MURD-C MURD-E Min. Front Setback None None None Min. Side Setback Min. Side yard adjacent to a None None None street Min, Rear Setback None None None Max. Lot Coverage 85% 80% 80% 85% Min. Landscape Area 15% 20% 20% 15% foot for foot for foot for each foot for each each foot of each foot of foot of foot of Min Setback Adjacent to SF building building building building height height height height above 20 above 20 above 20 above 20 feet feet feet feet Min Lot area (Sq. Ft.) 2,500 2,500 2,500 2,500 Min. Lot width Min. Lot depth LANDSCAPE AND TREE CANOPY REQUIREMENTS: Landscape and tree canopy requirements shall comply with §35.13.7.B of the Denton Development Code with the following exceptions: The Landscape and Tree Canopy Requirement Table on page 13-14 of the DDC is excepted as follows: Inspiration Landscape and Tree Canopy Requirements Percent Percent Inspiration Districts Landscape Tree Area Canopy - MUND Mixed Use Neighborhood District 15% 30% - MUCD Mixed Use Community District 20% 25% - MURD-E Mixed Use Regional District - Employment 15% 20% - MURD-C Mixed Use Regional District - Commercial 20% 30% - NR-1 Neighborhood Residential 1 60% 40% - NR-1 (N) Neighborhood Residential 1N N/A 0* - 40% NR-2 Neighborhood Residential 2 55% - 40% NR-3 Neighborhood Residential 3 50% - 40% NR-4 Neighborhood Residential 4 50% - 40% NR-6 Neighborhood Residential 6 50% - NR-10 Neighborhood Residential 10 40% 45% - NR-15 Neighborhood Residential 15 40% 45% - NR-20 Neighborhood Residential 20 25% 40% * Subject to landscape regulations of § 22 of the Denton Development Code, Gas Well Drilling and Production. STREET TREE REQUIREMENTS: 35.13.7.C. Street Tree Requirements are excepted as follows: 35.13.7.C.1 Street Tree Plan. All development shall be required to submit a master street tree plan with the submission of a preliminary plat, noting location, number, and species of trees to be used within the development. 35.13.7.C.3.a.i. Single Family Residential spacing of street trees within single-family residential developments shall be conducted as follows: (a) A minimum of one street tree in the right-of-way for each home site. (b) Plant a minimum of one street tree in front and two street trees in the side right-of-way for each corner home site yard (three parkway street trees total for each corner lot). (c) Provide an average tree spacing of 40 to 45 feet on center. Clustering or variations in spacing may occur in some neighborhoods or streets depending on mature canopy size of selected tree species. 35.13.7.C.3.a.ii. Multi-Family Residential, Townhome and Non-residential Developments spacing of street trees within multi-family residential, townhome or non-residential developments shall be one (1) tree for every 40 to 45 linear feet of street frontage. Clustering or variations in spacing may occur in some neighborhoods or streets depending on mature canopy size of selected tree species. 35.13.7.C.3.b.iii. Street lighting street lighting instruments shall be installed according to the design criteria of the City of Denton. Individual street light instruments may be substituted in the place of individual street trees in order to reduce tree/instrument conflict. 35.13.7.C.3.b.iv. Within planting strip/parkway all street trees shall be planted within the centerline of the planting strip/parkway running parallel between the curbline and sidewalk. 35.13.7.C.3.b.v. Root Barrier System spacing requirements from utilities may be reduced at the discretion of the Development Review Committee Chair with a street tree plan submitted and approved which would include the installation of root barrier systems approved by the Utility Department including Water/Wastewater and DME ACCESS, PARKING AND CIRCULATION REQUIREMENTS: §35.13.10 - Access, Parking and Circulation Requirements: 35.13.10.A.3 shall be excepted to read as follows: Transit Amenities . Transit amenities, bus shelters, and pullouts shall be provided as required under Subchapter 20 (Transportation) of the Denton Development Code. 35.13.10.B.1.c shall be excepted to read as follows: Parking lots with 150 spaces or more shall be divided into separate areas and divided by landscaped areas or walkways at least 10 feet in width, or by a building or group of buildings 35.13.10.B.1.d shall be excepted to read as follows: d. Permeable paving is not required, but may be employed, for those surface parking spaces that exceed the number of parking spaces required. For each additional parking space that exceeds the number of parking spaces required: (1) 100 sq ft of parking lot tree canopy above and beyond the minimum required, and/or (2) 10% of additional parking lot open space shall be provided in the parking lot, (10% of the additional parking space(s) and required maneuvering space area) and/or (3) The equivalent amount of open space (i.e. 1,000 sq. ft. excess parking = 1,000 excess open space above and beyond minimum required) shall be 35.13.10.B.2.a shall be excepted to read as follows: Parking lots with 150 spaces or more shall provide adequate pedestrian circulation within the site. Pedestrian walkways shall be directly linked to entrances and the internal circulation of the building(s). 35.13.10.C.1.c shall be excepted to read as follows: The tree species shall be an appropriate shade tree and shall be selected from the Tree List in the City of Denton Site Design Criteria Manual. 35.13.10.C.2 shall be excepted to read as follows: Parking between the building and the street. a. Unlimited rows of parking between the building and the street is permitted in the MURD-C and MURD-E districts, in the MUCD district only abutting to Robson Ranch Road or FM2449 (Future Loop 288) and if abutting to I-35 providing: i That the perimeter parking is screened by any combination of: (a) (b) fence with (c) on 3 maximum side slopes, and/or 1 Landscape area must contain one large tree for every 40 linear feet. A minimum of 3 small accent trees clustered every 30 linear tree requirement. (d) on 3 maximum side slopes with a vegetative screen for a combined 1 Landscape area must contain one large tree for every 40 linear feet. A minimum of 3 small accent trees clustered every 30 linear tree requirement. ii That the parking area between the building and the street receive: 5 (a) An additional% tree canopy above and beyond the 15% required 20 (for a total of%). Additional canopy coverage cannot be credited towards other canopy requirements. (b) An additional 3% open space above and beyond the 7% required (for a total of 10%). Additional open space cannot be credited towards other open space requirements (c) Parking lots shall provide interior planting islands between parking spaces at an average of every 10 parking spaces to avoid long rows of parked cars. The planting islands shall be a minimum of 153 square feet and be protected by a 6-inch high curb on all sides and a 12-inch wide concrete step-off area adjacent to parking spaces. A large tree shall be planted within this planting island. b. A maximum of two rows of parking between the building and the street is permitted in all districts, except as identified in 3.c. above, providing: i That the perimeter parking is screened by any combination of: (a) (b) ular steel / wrought iron style fence with masonry columns evenly spaced approximately 40, (c) 1 Landscape area must contain one large tree for every 40 linear feet. A minimum of 3 small accent trees clustered every 30 linear tree requirement. (d) That the parking area between the building and the street receive: 5 1 An additional% tree canopy above and beyond the 15% 20 required (for a total of%). Additional canopy coverage cannot be credited towards other canopy requirements. 2 An additional 3% open space above and beyond the 7% required (for a total of 10%). Additional open space cannot be credited towards other open space requirements. 3 Parking lots shall provide interior planting islands between parking spaces at an average of every 10 parking spaces to avoid long rows of parked cars. The planting islands shall be a minimum of 153 square feet and be protected by a 6-inch high curb on all sides and a 12-inch wide concrete step-off area adjacent to parking spaces. A large tree shall be planted within this planting island. SITE DEVELOPMENT REQUIREMENTS: 35.13.13 Site Development Requirements. 35.13.13.1.A shall be excepted to read: 4. 35.13.13.1.A shall be excepted to add the following: 8. Second story decks or balconies. 9. Carriage style garage doors 35.13.13.1 shall be excepted to read: C. Houses with the same façade (represented by separated by a minimum of three lots J. 100% of the surface area of the front side of the residential structure, excluding dormers, gables, porches, windows, doors, and bay windows, shall be masonry. The total percentage of masonry on the entire residential structure, excluding dormers, gables, porches, windows, doors, shudders and bay windows, shall be a minimum of 80%. Masonry includes brick, stone, or stucco. The balance of the net exterior wall may be wood clapboard siding, wood beaded siding, stucco, masonry, HDO board or other high quality material (as determined by the Building Official) customarily used for the building and neighborhood style. K. The minimum square footage of detached single-family dwellings shall be 1,600 square feet. L. A minimum of 10% of the detached single family dwellings shall be a 2,000 square feet or larger. M. A minimum of 10% of the detached single family dwellings, above and beyond the requirement identified above, shall be a minimum of 2,200 square feet. N. Garage access shall not be from a primary or side street when alley access is available. O. Each detached single-family dwelling shall have a 2-car enclosed garage. MULTI-FAMILY DWELLINGS: 35.13.13.2 Multiple Unit Residential Dwellings and Multi Family Developments are excepted to read as follows 35.13.13.2.A.1 shall be excepted to read as follows: Orientation requirements for all multi-unit buildings except in MUND Zoning Districts: 35.13.13.2.A.1.d shall be excepted from application 35.13.13.2.A.1.e shall be excepted from application 35.13.13.2.B.2 shall be excepted to read as follows: 100% of the surface area of the front side of the structure, excluding dormers, gables, porches, windows, doors, and bay windows, shall be masonry. The total percentage of masonry on the entire residential structure, excluding dormers, gables, porches, windows, doors, and bay windows, shall be a minimum of 80%. Masonry includes brick, stone, or stucco. The balance of the net exterior wall may be wood clapboard siding, wood beaded siding, stucco, masonry, HDO board or other high quality material (as determined by the Building Official) customarily used for the building and neighborhood style NONRESIDENTIAL & MIXED USE BUILDINGS: 35.13.13.3 Nonresidential and Mixed Use Buildings are excepted as follows: Non-residential buildings or mixed-use buildings and their lots (Those that combine non- residential and residential uses) not in a MUND Zoning District and their lots shall comply with the following standards. 35.13.13.3.B.2 shall be excepted to read as follows: 100% of the surface area of the front side of the structure, excluding dormers, gables, porches, windows, doors, and bay windows, shall be masonry. The total percentage of masonry on the entire residential structure, excluding dormers, gables, porches, windows, doors, and bay windows, shall be a minimum of 80%. Masonry includes brick, stone, or stucco. The balance of the net exterior wall may be wood clapboard siding, wood beaded siding, stucco, masonry, HDO board or other high quality material (as determined by the Building Official) customarily used for the building and neighborhood style. 35.13.13.3.C. shall be excepted from application. 35.13.13.4 shall be excepted to read Nonresidential and Mixed Use Buildings in a MUND Zoning District and shall be excepted as follows: Design standards non-residential buildings or mixed-use buildings (Those that combine non-residential and residential uses) in a MUND district and their lots. PARKING STANDARDS: 35.14.4 Parking Standards shall be excepted as follows: 35.14.4.A.3 shall be excepted as follows: Clubs, lodge halls, union halls - 1 for each 200 square feet of gross floor area. 35.14.4.A.4 shall be excepted as follows: Motels and hotels - 1 for each guest unit, plus additional parking as required for accessory uses 35.14.4.A. shall be excepted to provide the following additional parking requirements: Timeshare condominiums and timeshare hotels - 1.5 for each dwelling unit 35.14.4.B.1 shall be excepted as follows: Motor vehicle sales and automotive repair shops - 1 per 400 square feet of gross floor area 35.14.4.B.2 shall be excepted as follows: Bowling lanes and billiard halls - 5 for each hall, alley, 2 for each billiard table contained therein 35.14.4.B.3 shall be excepted as follows: Retail stores General, except as otherwise specified herein - 1 for each 200 square feet of gross floor area Discount department stores - 1 for each 125 square feet of gross floor area Furniture and appliances - 1 for each 500 square feet of gross floor area 35.14.4.B.5 shall be excepted as follows: Offices: General, professional and administrative - 1 for each 250 square feet of gross floor area Medical clinics or offices; veterinary hospitals and clinics - 1 for each 150 square feet of gross floor area Banks, savings & loans, credit unions and other financial institutions - 1 for each 300 square feet of gross floor area 35.14.4.B.6 shall be excepted as follows: Restaurants, drive-ins, cafes, nightclubs, taverns, lounges or other establishments for the sale and consumption on the premises of food and beverages One (1) parking space for each 100 square feet of gross floor area (including outdoor serving areas) up to 4,000 square feet, plus 1 for each 80 square feet of gross floor area over 4,000 square feet. A minimum of 10 parking spaces are required. 35.14.4.B.7 shall be excepted as follows: Skating rinks, ice or roller - 1 for each 250 square feet of gross floor area, plus the spaces required for additional uses on site 35.14.4.B.8 shall be excepted as follows: Auditoriums, theaters (not including cinemas), sports arenas, stadiums - 1 for each 3 seats or 1 for each 35 square feet of gross floor area where there are no fixed seats Cinemas - 1 for each 3 seats plus 1 spaces for employees 35.14.4.B shall be excepted to provide the following additional parking requirements: Automobile washing and cleaning establishment, except self-service - 5 for each 2 washing stalls Barbershops or beauty parlors - 2 for each barber chair and 3 for each beautician Dance halls - 1 for each 7 square feet of dance floor area, plus 1 for each 35 square feet of additional gross floor area Handball/racquetball facility - 1.5 for each court plus the spaces required for additional uses on the site Health studios and spas - 1 for each 150 square feet of gross floor area (swimming pool area shall be counted as floor area) Laundry or dry cleaning establishments, solely coin operated - 1 for each 3 machines Lumberyards - 1 for each 500 square feet of gross floor area for retail sales, plus 1 for each 1,000 square feet of open area devoted to display or sales, plus 1 for each 2 employees Mortuaries and funeral homes - 5 plus 250 square feet if usable and accessible paved parking area for every 25 square feet or fraction thereof of assembly room floor area Shopping centers - 1 for each 250 square feet of gross floor area (regional shopping centers may require additional parking and will be evaluated on a case-by- case basis) Stables, commercial - Sufficient area, treated to prevent dust, to provide for the needs of customers and employees, but not less than 1 accessible space for each 5 horses kept on the premises Swimming pools, commercial - 1 for each 500 square feet of gross enclosed area, plus the spaces required for additional uses on the site Tennis clubs, commercial - 3 for each court, plus the spaces required for additional uses on the site 35.14.4.C.1 shall be excepted as follows: Industrial uses of all types except a building used exclusively for warehouse purposes - 1 for each 500 square feet of gross floor area. 35.14.4.C.2 shall be excepted as follows: Warehouses, storage building or structures used exclusively for storage - 1 for each 1,000 square feet of gross floor area for storage purposes Wholesale establishments and warehouses not used exclusively for storage - 1 for each 500 square feet of gross floor area, excluding that area devoted to offices or sales, plus 1 for each 250 square feet of office or sales area 35.14.4.C.3 shall be excepted as follows: Public utility facilities, including but not limited to electric, gas, water, telephone and telegraph facilities not having business offices on the premises - 1 for each 2 employees in the largest shift, plus 1 for each vehicle used in connection with the use. A minimum of spaces shall be provided for each such use regardless of building space or number of employees 35.14.4.D.1 shall be excepted as follows: Day nurseries, including pre-schools and nursery schools - 2 for each 3 employees and teachers plus 1 loading space for every 8 children. 35.14.4.D.2 shall be excepted as follows: Churches, temples and other places if assembly not specified elsewhere - 1 for each 3 fixed seats within the main auditorium or for every 35 square feet of seating area within the main auditorium where there are no fixed seats; 18 lineal inches of bench shall be considered a fixed seat 35.14.4.D.3 shall be excepted as follows: Golf Courses Driving ranges - 1 per tee, plus the spaces required for additional uses on the site Pitch and putt and miniature golf courses - 3 per hole, plus requirements for accessory uses. Regulation course - 8 per hole, plus the space required for additional uses on the site 35.14.4.D.4 shall be excepted as follows: Hospitals - 1.75 for each patient bed. 35.14.4.D.5 & 6 shall be excepted as follows: homes and sanitariums - 1 for every 4 beds in accordance with the resident capacity of the home as listed on required license or permit 5.14.4.D.7 shall be excepted as follows: Schools, elementary and junior high - 1.5 for each classroom 5.14.4.D.8 shall be excepted as follows: Senior high schools - 1 for each member of the faculty and each employee, plus 1 for each 6 full-time equivalent students regularly enrolled 5.14.4.D.9 shall be excepted as follows: Colleges, universities and institutions of higher learning - 1 for each 3 full-time equivalent students, plus 1 for each 2 faculty and employee members 35.14.4.D shall be excepted to provide the following additional parking requirements: Libraries - 1 for each 300 square feet of gross floor area Trade schools, business colleges and commercial schools - 1 for each 3 student capacity of each classroom plus 1 for each faculty and employee member SIGNAGE STANDARDS: Signage standards and procedures shall be the same as for DDC Sub-chapter 15, except as noted below: 35.15.17.5 of the Denton Development Code shall be amended to include the following graphic exception for effective area of signs within Single-family (including townhouses) and Multi-family districts. EXCLUDED FROM EFFECTIVE AREA Signage on Perimeter Fencing & Entry Monuments ENVIRONMENTALLY SENSITIVE AREAS: Requirements for Environmentally Sensitive Areas shall be the same as for DDC Sub- chapter 17, except as noted below: 35.17.8.A.1 shall be excepted to read as follows: Up to 10% of the area may be disturbed for private and non-private yard structures including but not limited to: gardens, yards, trails, and clearings, but which are no closer than 25 feet from the stream bank or riparian buffer. No disturbance is permitted in delineated wetlands. 35.17.9.A.1 shall be excepted to read as follows: The residential development shall be designed to retain an overall minimum fifty- five percent (55%) tree canopy, which shall remain predominantly in its natural state. Non-residential development may remove any or all of the Upland Habitat. The four areas containing upland habitat (identified on the Environmentally Sensitive Area Map, Exhibit 5) total approximately 264.2 acres and shall be retained as depicted below: Upland Habitat Existing Proposed Percentage Area Acreage Acreage Retained A 136.3 56.0 41% B 26.2 18.3 70% C 98.7 73.0 74% (Pilot Knob) D 3.0 3.0 100% Total 264.2 150.3 56.9% 35.17.9.A. shall be excepted to add the following: 1. See Exhibit B. i. Trails in upland habitat areas must be pervious 2. Overlooks, to the extent that tree removal is minimized. 3. Benches 4. Historic Markers 5. Trees 4" d.b.h. or larger located within Upland Habitat areas and proposed to be removed will required staff approval. Exhibit B Road Sections with Trails 35.17.12 shall be excepted to read as follows In the event that the Developer wants to propose impacts to the ESAs, then the following provisions shall apply. These provisions apply only to the proposed ESA impacts and mitigation. Any other deviations from the Denton Development Code must be addressed in accordance with the procedures for an Alternate Development Plan (ADP), in conformance with Section 35. 13.5. 1. Mitigation of any ESA disturbance will be allowed subject to approval of any ESA Mitigation Plan including any one or combination of the following measures: a. Enhancement of existing ESA's within the Inspiration MPC at a 2:1 ratio of enhanced ESA to original ESA. Enhancement shall be defined as providing additional vegetative plantings to an existing ESA for the purposes of increasing the ecological quality in exchange for the inherit loss of net ESA land. Enhancement of existing environmentally sensitive areas must bring the natural habitats enhanced to at least the same quality as the ESAs removed. Priority for enhancement shall be given to environmentally sensitive areas for which quality was determined to be "poor" or "fair" in the ESA Assessment documents approved by the Planning Director. For example, if one acre of existing ESA were removed, then under the enhancement option, the developer would be required to enhance the plantings in two acres of existing ESA. This example would result in the net loss of one acre of ESA land area. b. Relocation of the ESA to protected open space areas outside the original ESA areas on an acre-for-acre basis. Relocation shall be defined as replacing the original ESA, as closely as possible with respect to vegetative planting, hydrology and land area. For example, if one acre of ESA were removed, then under the relocation option, the developer would be required to construct a new one acre ESA in an open space location outside of any existing ESA. This example would result in no net loss of ESA land area. c. Implementation of best management practices addressing impacts to ecological functions and water quality. Mitigation of any impacts to USCE jurisdictional areas will also serve as the mitigation for any impacts to ESAs that fall within the same impacted area. 2. ESA Mitigation Plan Requirements An ESA Mitigation Plan shall include the following specific items: a. Delineation of existing ESAs based on an approved ESA Review and/or ESA Assessment. b. Overlay of proposed development activity necessitating the need to impact the existing ESAs. c. Delineation of ESAs impacted, including a chart with each impact area numbered or lettered and an acreage or square footage calculation of the respective impacted area. d. Construction plans and details for the implementation of the ESA Mitigation Plan, including plans for grading, planting, erosion control and irrigation (temporary or permanent). e. Specifications for construction methods and materials. f. A Mitigation Plan Summary Table providing calculations that demonstrate the appropriate mitigation ratio of enhanced or replaced ESA to existing ESA. g. An Inspection Schedule for the proposed improvements consistent with the type of improvements being proposed, and allowing sufficient time for city staff inspection. h. A summary of all impacted ESAs approved by the Planning Director. 3. ESA Mitigation Plan Process a. An ESA Mitigation Plan will be submitted to the City for review concurrent with an application for preliminary plat for residential subdivision uses or with an application for a site plan or final plat for non-residential uses and for vertically integrated mixed uses. b. Upon determination that the ESA Mitigation Plan is in conformance with the Denton Development Code and the Inspiration MPC Development Standards, the Director of Planning and Development will approve the ESA Mitigation Plan subject to any applicable conditions of approval. c. The Developer may appeal any non-approval action by the Director of any ESA Mitigation Plan to the Planning and Zoning Commission in accordance with Section 35.3.7. d. The Developer may proceed with construction of the development project, including the mitigation improvements, upon the approval of the ESA Mitigation Plan, posting of a cash bond, surety bond or letter of credit in an amount equal to 100% of the estimated cost of the plantings and any other approvals and permits required by the Denton Development Code appropriate for the particular development project. e. The mitigation improvements will be inspected by City Staff during the construction period in accordance with the Inspection Schedule described above and must be deemed substantially complete in accordance with the approved plans by the Director of Planning an Development prior to issuance of building permits for residential projects (except for model homes) and prior to certificate of occupancy for non-residential projects. 4. ESA Mitigation Standards The standards by which any mitigation plan will be reviewed for approval will be dependent on the type of ESA being impacted and whether replacement or enhancement of the impacted ESA is being proposed. a. The following general guidelines will apply to all Inspiration ESAs and any proposed impacts and subsequent mitigation: (1) All development plans and plats shall use best efforts to avoid or minimize impacts to ESAs to the extent practical within the context of a master planned community. (2) The total aggregate of impacted ESA acreage shall not exceed 25% of the baseline 805 acres of existing ESA (exclusive of Upland Habitat) on the Inspiration MPC as a result of residential or commercial development. Impacts to ESAs by or on behalf of federal and state entities and public utilities, as defined in Subchapter 23 of the DDC, shall not apply to the 25% maximum acreage impact. (3) Proposed mitigation for ESA impacts shall generally be in-kind and located within the Inspiration MPC area. (4) Proposed mitigation for ESA impacts shall take into consideration the resulting ecological function of the remaining area and water quality associated with storm water runoff resulting from any net loss of ESA. b. The following mitigation standards shall apply to any impacts to ESAs within an undeveloped floodplain, riparian buffer or water related habitat: (1) Mitigation of impacts shall be accomplished by a) replacement of the ESA, b) enhancement of an existing ESA or open space area, or c) a combination of both. (2) ESAs shall be replaced on an acre-for-acre basis, determined by an inventory of hydrology, ground cover, shrubbery and trees within the area of impact, prior to the area being disturbed. Replaced ESA vegetation may exceed the amount of original vegetation for the area, but in no case be less than originally existed. All replacement trees shall be a minimum of 2" caliper and shrubs shall be a minimum of one gallon container or caliper equivalent. The species of replacement trees, shrubs and ground cover shall be similar to the vegetation being replaced, with a deliberate effort being made to produce a sustainable environment free of undesirable plant materials, consistent with the City's Native Plant List. Replacement streams shall have substantially the same hydrology and at least the same overall length as the original stream. (3) In the event that new information, approved by FEMA and the City of Denton, indicates an increase in floodplain area, the increased area shall not be considered ESA floodplain and shall not be subject to mitigation requirements. The 805 acres of environmentally sensitive areas shall prevail as the baseline condition to determine mitigation and maximum ESA impacted areas. However if ESA assessment(s) determines a reduction in ESA area, then the baseline shall be reduced accordingly based on the new information. (4) Enhancement of other existing ESAs or open space areas for mitigation of ESA impacts shall be provided on a minimum 2:1 ratio of enhancement to original ESA acreage. The 2:1 ratio shall apply to the acreage being impacted and mitigated. All enhancement trees shall be a minimum of 2" caliper and shrubs shall be a minimum of one gallon container or caliper equivalent. The species of enhancement trees, shrubs and ground cover shall be the same as practical to the vegetation being replaced with a deliberate effort being made to produce a sustainable environment free of undesirable plant materials, consistent with the City's Native Plant List. 5. ESA Mitigation Monitoring and Reporting The Developer will prepare an annual report each year for three consecutive years, beginning 12 months following the commencement of the implementation of an ESA Mitigation Plan, for the purposes of describing the cumulative construction work that has been performed as of the reporting period, and to report on the current survivability of the plantings. These annual reports will be submitted to the city for review and inspection. Developer shall provide security for the survivability of mitigated trees and other plantings, in the form of currency, bond, or letter of credit, in the same manner otherwise applicable to tree mitigation under §35.13.7.A.7 of the DDC, and related criteria manual standards, 6. ESA Planting Survivability and Replacement Upon completion of the three-year monitoring and reporting period, the City shall inspect the plantings and determine whether ninety percent (90%) of the plantings are healthy and have a reasonable chance of surviving to maturity. Upon such a finding, the City shall release the currency, bond or letter of credit. In the absence of such a finding, the Applicant shall be notified to replace any unhealthy or dead plantings. If the applicant does not take remedial steps to bring the property into compliance, the City shall make demand for payment on the cash bond, surety bond, or letter of credit. The City may use all legal remedies to enforce this provision in addition to making demand on the security provided herein. TRANSPORTATION: Transportation standards and procedures shall be the same as for the DDC Sub-chapter 20, except as noted below: 35.20.2.G.3 shall be excepted to read as follows: Block Width. Double fronted lots shall be avoided except where essential to provide separation of residential development from major traffic arteries or adjacent nonresidential activities or to overcome specific disadvantages of topography and orientation. Through lots shall have a minimum average depth of one hundred (100) feet. DEFINITIONS: Definitions shall be the same as for the DDC Sub-chapter 23, except as noted below: 35.23.2. shall be excepted to read as follows: Lot, Double Frontage: A lot having frontage on one two nonintersecting streets, as distinguished from a corner lot. ADDITIONAL STANDARDS The following additional standards shall apply in the Inspiration Master Planned Community and constitute exceptions to any lesser conflicting standard: PARK LAND DEDICATION The Inspiration MPC will be required to dedicate park land to the City of Denton according to the requirement found in the Park Land Dedication Ordinance 98- 039. The park land dedication will be calculated by each development phase. Any open space or park area not dedicated to the City of Denton will be owned and maintained by the Inspiration homeowners association as required in the Inspiration MPC ordinance. POA REQUIREMENT One or more Property Owner Associations (POA) shall be established. The POA will be responsible for the maintenance of all common property not dedicated to the City of Denton. Documents establishing the POA must be submitted as part of the final plat application, providing for the maintenance, repair, and/or replacement obligations of the POA for private roads, alleys, gates, perimeter and common fences, street lighting, drainage items and/or other like held facilities and/or common areas, there appurtenances and/or other associated ancillary items and improvements, shall be incorporated into the final plat. a. The POA must provide for the power to file a lien, to foreclose, or to otherwise secure payment from property owners concerning the maintenance, repair and replacement, in part or in whole, of all privately held common areas, including but not limited to, drainage items, street lighting, and other appurtenances and or other associated ancillary items. b. The Association documents must be submitted to, reviewed by an approved by the city attorney prior to the final plat approval. c. The property owners Association may not be dissolved, nor may deed restrictions and covenants providing for maintenance of common areas be deleted or amended, without prior written consent of the City Council of the City of Denton, by way of plat amendment. d. The final plat and restrictive covenants shall contain language whereby the Property Owners Association, as owner of various private improvements within a private street, lot or easement, agrees to release, indemnify, defend and hold harmless the city from claims and suits for property damage or bodily injury (including death) arising from the condition, use our operation of any privately owned streets or facilities. ARCHITECTURAL STANDARDS. The applicant shall establish architectural standards including but not limited to: Ornamental Details 1. Decorative elements such as balconies, chimneys, gable vents, exterior lighting, and shutters shall appear as functional elements, and match the style of the home. 2. Shutters do not need to be operable, but shall be sized so that two (2) shutters match the window width. 3. Gable vents are traditional, historic-based details and shall be designed to reflect the character of each architectural style. Gable vents and similar design details shall be treated to look like functioning, actual vents (whether they are functioning or not). The details must also be centered in the roof gable. 4. Exterior light fixtures shall be appropriately selected to enhance the architectural style of the home. These standards shall be governed by an HOA (Home Owners Association or similar organization. AVIGATION EASEMENT The applicant shall dedicate an avigation easement to the City of Denton as a required component of final plat approval, approved as to form by the city attorney, conveying to the City of Denton an unobstructed right-of-way for the passage of all aircraft and rights to cause within such easement such noise vibration, fumes, just, fuel particles and all other effects that may be caused the operating or aircraft landing at, taking off from, or operating at, the Denton Municipal Airport. The easement will be applicable to any lot of the Property that falls wholly or partially within the Airport Compatibility Land Use District 2 (ACLUD2) zone as described in Subchapter 35.7.4 Denton Municipal Airport Overlay District in the Denton Development Plan. The avigation easement will be shown on preliminary plats and all final plats. AIRPORT COMPATIBILITY LAND USE DISTRICT In addition to providing an avigation easement as described above, all residential uses within Airport Compatibility Land Use District 2 will meet the Noise Mitigation Standards provided in Subchapter 35.7.4.12. The Noise Mitigation Standards. Ezhibit C <O C C Y Y C n ~~„ _ a o L C ~ u _ W E ~ - u c x - .. O S ~ ~m] Z ~ Z Z ~ ~~ N d C.~ ~~ E > ~o` a v ;. H = a - a $ s 3 az r~:v'ah' ~$ s~ - ---=- Ek P 8 i~~•. ~ R 't. } ~1 i Y R ~S iv it 2y K C N :L T+ m ~- .Q N C m t ~c n ~ m < < " " a a a n < ~ "a 3 °s vl N ~ t C' W < < < g < g S LL d $ ~ ~ < ~ a y a v < Q < a 'c ~ a S N ~ G @ (h c: o ~ uQi ~ «~ a ~vaaaooa .z e: ': 3 3 ~F E?k __ c C w O ~ :. " ca F L 'Q a N C ~ EXHIBIT 22 Letter to Applicant Regarding Findings Requirements Should }'ou have anv questions phase give me a call at 940-349-8307. George C. Campbell Cit~• ~•tani~~er cc: 'vlayor and City Council :tdembers dir. Gar}' Lane ~9r. Stcvcn Ho~~•ard Mr. Fred Grccnc \f r. Mark Cunningham qtr. HoH•ard Vlau-tin Mr. Jem' Drake ti1r.lim Coulter i49r. Brian Locklcv "1)~•tficaterl to (lualih• tiervice'' ~~ ~~ 1:.ci fti•aRicnton.cnm EXHIBIT 23 Applicant's Proposal for Buffer i NR-2 ~ ~- n. ~F.nif:J a-.u~:N s: 3c,-M1 ~ ;~--- - ,~-. 7 .1,. ~` •~: .! ::• ~ia$ill•1r rtiaai d l fir 77t:H i r i?~.Se. ~IJ ~~ „~ r .= p; J A•il F! i:•t U7ci •?'-."~f11 rJ r ~; ~.~"~~';.r j:. r J"r ` r: ~ t,rr •i: • f'j'J;~~i:;:f • is f / l~~~ it , r~,;r .. rf,/ rj.,, = t1, , j .•r ~: i 1 r 'r~~r~'~.l ~f .: t NR-10 Inspiration Buffer P~tap EXHIBIT 24 Proposed Robson Ranch Road Improvements AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008 DEPARTMENT: Economic Development CM: George A. Campbell, City Manager SUBJECT Consider nominations/appointments to the City's Economic Development Partnership Board. BACKGROUND The City Council appointed a nominating committee at the July 15, 2008 meeting charged with recommending nominees for Economic Development Partnership Board membership. Nominating committee members are Mayor Pro Tem Pete Kamp, Council Member Jack Thomson, and Chamber of Commerce Board Member Stan Morton. Economic Development Partnership Board (EDPB) members serve two-year terms and may serve as many as three terms. The ordinance requires that the City Council appoint three persons to serve as a nominating committee, to include two City Council members and one person who is a member of the Chamber of Commerce. The committee solicits recommendations from the Chamber Board of Directors as to potential nominees from the Chamber and from the President of UNT. The committee was asked to confirm with each potential nominee his/her willingness to serve. The ordinance provides that EDPB members must fall into specific categories when they are originally appointed to the Board, i.e., City Council member, Chamber of Commerce Board of Directors member, Top Twenty Taxpayer and the President of the University of North Texas, or her designee. City Council members and Chamber of Commerce Board members may be reappointed to two additional consecutive terms even if they no longer serve on the City Council or Chamber Board. The following four EDPB members’ places are up for reappointment or replacement: EDPB Board Member CategoryEligible for Reappointment Perry McNeill City Council Term Expired – Not Eligible Marty Rivers Chamber of Commerce Eligible Stan Morton Top 20 Taxpayers Eligible Gretchen Bataille UNT Eligible - 1 - Other members currently serving on the EDP Board (and the expiration date of their current terms) are: EDP Board Current TermEligibility for MemberCategoryExpiresReappointment Jerry Mohelnitzky Chamber of Commerce 2009 Not Eligible rd 3 Term Euline Brock City Council 2009 Not Eligible rd 3 Term r d Denny Aldridge Top 20 Taxpayers 2009 Eligible for a 3 Term nd 2 Term The Nominating Committee may present 2008 EDP Board nominations at the August 5, 2008 City Council meeting. Respectfully submitted: _______________________________ Linda Ratliff, Director Economic Development Department - 2 - AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008 DEPARTMENT: General Government CM: George C. Campbell ______________________________________________________________________________ SUBJECT Consider approval of a resolution amending resolution No. R2005-015 by filling a vacancy of the Citizens Advisory Oversight committee; and providing an effective date. BACKGROUND Staff is providing the attached resolution for Council consideration. At the previous meeting of the Citizens Advisory Oversight Committee, Chair Mark Burroughs elected to step down as Chairman of the Citizens Advisory Oversight Committee. The meeting was turned over to Co- Chair Randy Robinson. The Committee discussed a replacement and the consensus was to recommend to the City Council the appointment of Jerry Mohelnitzky to the vacant position. Mr. Mohelnitzky served on the Blue Ribbon Committee Transportation subcommittee. The June 25, 2008 Citizens Oversight Committee minutes are attached. Staff has prepared the attached resolution associated with those two actions. OPTIONS Approve the resolution. Do not approve the resolution. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Discussed at the June 25, 2008 Citizens Oversight Committee meeting. DATE SCHEDULED FOR COUNCIL APPROVAL August 11, 2008 FISCAL INFORMATION N/A BID INFORMATION N/A EXHIBITS 1.Draft minutes of the June 25, 2008 Citizens Advisory Oversight Committee meeting. 2.Resolution Respectfully submitted: Howard Martin, ACM Utilities EXHIBIT 1 EXHIBIT 2 DRAFT MINUTES 1 CITIZENS ADVISORY OVERSIGHT COMMITTEE 2 3 June 25, 2008 4 5 After determining that a quorum of the Citizens Advisory Oversight Committee of the City of 6 Denton, Texas was present, the Chair of the Citizens Advisory Oversight Committee convened 7 into an Open Meeting on Wednesday, June 25, 2008 at 10:05 a.m. in the City Council Work 8 Session room, 215 E. McKinney Street, Denton, Texas. 9 Present 10: Chair Mark Burroughs, Randy Robinson, Roni Beasley and Polly Diebel 11 Absent 12: Rick Woolfolk, excused 13 Also Present 14: Jim Coulter, Director Water Utilities 15 Frank Payne, City Engineer 16 Mark Nelson, Transportation Director 17 Emerson Vorel, Director Parks & Recreation 18 Bob Tickner, Superintendent, Long Term Development 19 Cody Wood, Chief Accountant 20 Mary Billings, Accountant 21 Ann Forsythe, Coordinator Boards and Committees 22 23 Chair Burroughs yielded his seat to Co-chair Randy Robinson stating that as Mayor he believed 24 that a conflict situation existed in Chairing this Committee and making recommendations to the 25 City Council. Mayor Burroughs stated that he would like to continue attending the meetings, but 26 would not want to be guiding its outcomes. 27 28 Committee Member Roni Beasley asked Mayor Burroughs if, as Chair, he would appoint a new 29 committee member. Acting Chair Randy Robinson stated he thought that the Committee could 30 collectively make some recommendations since the Committee is equally representative of 31 transportation and parks and recreation. 32 33 1)Consider approval of the Citizens Advisory Oversight Committee minutes of: 34 a.February 18, 2008 35 The minutes were approved as circulated. 36 37 38 2)Receive a report, hold a discussion and consider funding for the design and construction of 39 sidewalk projects on the north side of Sherman Drive between Carroll Boulevard and Elm 40 Street and on the south side of Pockrus Page Road between future Lakeview Boulevard and 41 Pecan Creek Elementary. Funding sources are from FY2006-FY2007 and FY2007-FY2008 42 Sidewalk Installation funds respectively. 43 44 Frank Payne, City Engineer, provided photographs showing worn foot paths. Payne stated the 45 sidewalk on Sherman Drive would be just over 1,000 linear feet along the north side between 46 Elm and Carroll at a cost of $70,000, which is what staff is recommending as the project budget. 47 48 Referring to the second photograph, Payne stated there had been a lot of talk about Pockrus Page 49 and, on the south side of Pockrus heading east toward Pecan Elementary, one can see where kids 50 have been walking along that road. Staff has started the design phase and has surveyed in order 51 to figure out the cost. Staff is ready to proceed once approval is given. Payne stated that AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2008 DEPARTMENT: Transportation Operations ACM: Howard Martin, 349-8232 SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing one member to the Board of Directors, providing a repealer; and providing an effective date. (Mobility Committee Recommends 3-0). BACKGROUND Prior to the election to the office of Mayor, Mark Burroughs served as the City of Denton representative to the Denton County Transportation Authority (DCTA) Board of Directors. Mayor Burroughs served in this capacity since November 2007, however, pursuant to DCTA regulations, elected officials are not permitted to serve on the DCTA Board of Directors. Therefore, the City of Denton will need to formally appoint a representative to complete Mayor Burroughs’ two-year term which will expire in November 2009. Mark Nelson will continue serving as the First Alternate and Howard Martin will continue to serve as Second Alternate as outlined in Resolution Number R2007-034 attached as Exhibit 2. The newly appointed representative shall begin serving upon the approval of the attached proposed resolution. PRIOR ACTION/REVIEW: The City Attorney’s Office has reviewed and prepared the proposed resolution. EXHIBITS 1.Resolution 2.Resolution No. R2007-034 Respectfully submitted: Mark Nelson, Transportation Director EXHIBIT 1 EXHIBIT 2 ~~~ ` ' `~ ;i S:I~ur Document~IResalution51~71I~CTA Baard Appaiutment,dac ~~ s PERR . McNEILL, MAYOR ATTEST: JENNIFER V~ALTER, CITY SERETAR~ BY: APPR~'VEI) AS T~ LEGAL FARM: EDWIN 1~, SNYDER, QTY ATT~1~l~EY BY. Page 2 of Handout to City Council 08/05/08 Item WS #S (MAYOR'S LETTERHEAD] August 5, 2008 VIA FACSIMILE: (512) 239-3311 and VIA OVERNIGHT MAIL Office of the Chief Clerk Texas Commission on Environmental Quality MC-105 P.O. Box 13087 Austin, Texas 78711-3087 Re: Application for Renewal Request for Permit Number 1360A Dear Sir or Madam, On June 24, 2008, TXI Operations LP (TXI) submitted an Air Permit Renewal application to the Texas Commission on Environmental Quality (TCEQ) for the operation of its Midlothian Cement Plant located in Midlothian, Ellis County, Texas. At the Denton City Council's meeting of August 5, 2008, the City Council authorized me to write this letter asking the TCEQ to strongly consider modification of the usual and customary permit term often (10) years sought under Air Permit Number 1360A. On behalf of the City Council of the City of Denton, Texas, and their constituents, I am requesting the Executive Director to strongly consider the impacts to air quality and the ability of this region to meet the requirements of the Federal Clean Air Act of 1990 with granting the renewal of Permit No. 1360A as it is currently proposed. This permit renewal would authorize the continued high levels of emissions of nitrogen oxides (NOx) as well as other air quality contaminants. Meteorological and other scientific data provided by the TCEQ has demonstrated that these plants increase ozone concentrations in the 9- county Dallas-Fort Worth "non-attainment" area. Our region's inability to historically meet State Implementation Plan deadlines relates directly to our inability to sufficiently reduce nitrogen oxides. As you know, during March 2008 the United States Environmental Protection Agency (USEPA) decreased the National Ambient Air Quality Standard (NAAQS) for ozone to 75 parts per billion. This reduced standard creates an even greater and more pressing need for the Dallas / Fort Worth non-attainment area to enact ozone reduction strategies. The City of Denton is concerned that simply renewing permits for kiln operators to continue to emit NOx at current levels for another ten years removes incentives for kiln operators to install emission reduction technologies. Denton recognizes and appreciates the efforts of TXI concerning Kiln 5, which is one of the cleanest kilns operating in the Midlothian area. However, Kiln 5 is a dry kiln and employs new manufacturing processes and technologies. Our concern is the much older, out-dated wet kilns that, though they do have minimal emission controls, they do not employ best available technology emission controls necessary to reduce NOx emissions closer to the level of dry kilns on a "per production" basis. Due to the higher emissions of various air contaminants from the wet kilns regulated by Permit 1360A and the influence of these contaminants on both ozone concentrations and public health, we believe that strong consideration should be given to retrofitting these kilns so that they meet emission standards that are more similar to dry kilns and more in keeping with modern air quality regulations. It should be noted that these kilns were originally built decades ago under markedly different air quality regulations and technology, well before this severe degradation of our region's air quality with which we must now contend. If TCEQ grants the renewal for Permit 1360A as proposed, the resulting permit would allow emissions at current levels for the "normal" permit term of 10 years. Because of the implications of a 10-year permit period and the potential inconsistency between emissions allowed by this permit and the future Regional State Implementation Plan/Clean Air Plan for the reduction of ozone, we formally request the Commission to limit the term of the Hermit to coincide with the SIP review and amendments within the next 2-3 years. If this term limit is not feasible due to statutory or similar requirements, we formally request the Commission to add a special permit condition preventing the emission rates of permit 1360A from receiving grandfather" status during development and implementation of the State Implementation Plan. Our current understanding is that the S1P will be reviewed and most likely amended within the next 2-3 years. The City of Denton wants to ensure that any newly established NOx emission rates will apply to kilns covered by Permit 1360A. Granting this air permit in its current form has the potential to significantly impact air quality and public health in the Dallas /Fort Worth Metroplex for the next ten years. Granting the permit in its current form also has the potential to materially hinder our ability to meet current and future air quality standards. We therefore believe that our request is both justified and necessary to ensure that air pollution from these operations does not negatively impact efforts to control ozone concentrations in non attainment areas. In the interest of protecting public health and safety as well as the use and enjoyment of public and private properties, we urge the TCEQ to seriously consider and grant our request. We greatly appreciate the support of the TCEQ in this endeavor. Please also place us on the mailing list to receive any future public information related to this application from the Office of the Chief Clerk. The address for mailing these notifications is Mark Burroughs Mayor, City of Denton, Texas 215 East McKinney Street Denton, Texas 76201 2 Should you need any additional information to consider this request, please do not hesitate to contact me at (940) 349-7717, or by writing me at the address above. You may also contact Kenneth Banks, Division of Environmental Quality Manager, who maybe reached at (940) 349- 7165. Very truly yours, Mark Burroughs Mayor, City of Denton, Texas 3